Policy 2.1.1 Statutory Rules of Conduct

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POLICY – 2.1.1 Statutory Rules of Conduct Page 1 
 
Policy: 2.1.1 Guidelines 
Approved By: Trust Council 
Approval Date: June 11, 1994 
Amendment Date(s):  March 9, 1996; September 19, 1997; 
December 5, 2003; September 9, 2014 
Policy Holder: Legislative Services Manager 
 
STATUTORY RULES OF CONDUCT 
Purpose 
To acknowledge and facilitate compliance with the ethical conduct rules in accordance with the Community 
Charter and Islands Trust Act. The applicable statutory provisions are attached as Appendix A. 
A. Details 
1. Interpretation 
  In these guidelines 
"Executive Committee" means the committee referred to in section 20(1) of the Islands Trust Act; 
"Local Trust Committee" means the committee referred to in section 23(2) of the Islands Trust Act; 
“Meeting” includes a meeting of the Trust Council, a Local Trust Committee, the Islands Trust 
Conservancy Board, or a committee of any of them, or a Resolution-Without-Meeting under 
sections 13 and 26 of the Islands Trust Act; 
"Trust Council" means the Islands Trust Council referred to in section 5 of the Islands Trust Act; 
"Islands Trust Conservancy Board" means the board referred to in section 40(1) of the Islands 
Trust Act; 
"Trustee" means under section 1 of the Islands Trust Act a local trustee, municipal trustee and 
a trustee of the Islands Trust Conservancy, or any of them, as the context requires. 
2. Conflict of Interest 
2.1 Subject to Section 104 of the Community Charter, a trustee must not participate in the 
discussion of, or vote on, a resolution or bylaw in respect of which the trustee has a 
direct or indirect financial or monetary interest. 
 
2.2 In addition to the disqualification for the financial or monetary interest, having a direct 
or indirect financial or monetary interest in the decision could result in the trustee’s 
vote on the decision being invalid.  In some cases, the decision itself will be invalid 
where the vote is invalid. 
 
  

POLICY – 2.1.1 Statutory Rules of Conduct Page 2 
3. Declarations 
3.1 If a trustee believes he or she is not entitled to participate in a decision, he or she must 
declare this under Section 100(2) of the Community Charter, subject to Sections 100(4) 
and (5). 
3.2 Having made such a declaration, if a trustee determines on the basis of legal advice 
that they in fact may participate and vote, the trustee may do so after making a 
further declaration stating in general terms the basis on which they have determined 
that they may participate and vote. 
4. Recording Declaration 
4.1 If a trustee makes a declaration under Section 100 of the Community Charter, the 
person recording the minutes of the meeting must record the member’s declaration, 
the reasons given for it, and the times of the member’s departure from the meeting 
room and, if applicable, of the member’s return. 
4.2 In the case of a Resolution-Without-Meeting vote, if a trustee makes a declaration 
under Section 100 of the Community Charter, the trustee, or the perso

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