Commissioners are appointed by Governor-in-Council to serve on a part-time basis on the Human Rights Commission. The Act states there can be no fewer than 3 nor more than 12 appointed. Generally there are 10 to 12 Commissioners who serve, one of whom is designated as chair. The Director and CEO of the Nova Scotia Human Rights Commission, also appointed by Governor-in-Council, is a non-voting member of the commission. The Commissioners come from diverse backgrounds and from different regions of the province.
Commissioners do not have a direct, hands-on role in activities at the Nova Scotia Human Rights Commission. The initial complaint process is handled internally by commission staff. Complaints are usually brought to the Commissioners for a decision when they have reached the end of the investigation stage. The Commissioners, who meet about 10 times a year, make decisions on whether to discontinue a complaint or to refer the complaint to a Board of Inquiry (BOI). In deciding whether to refer a complaint to a BOI, the Commissioners do not determine whether there has been discrimination. Only a BOI can determine whether discrimination has occurred.
Commissioners must approve all settlements reached after a formal complaint has been filed. They approve any new policies, amendments to existing policies, or repeal of former policies. Any proposed changes to the Human Rights Act or the Regulations initiated by the commission must be approved by the Commissioners before being forwarded to the government for review.