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TOWN OF PORT HAWKESBURY
COUNCIL PROCEDURAL POLICY
PURPOSE
In order for any organization to function smoothly, it is critical that all members clearly understand
its governing rules and operating principles. This Council Procedural Policy outlines the
operating principles and procedures for the municipal council and council committees of the
Town of Port Hawkesbury.
The objectives of the Council Procedural Policy are to:
1. Clearly communicate the procedures to be used for council and committees of council in
the execution of all business for the Town of Port Hawkesbury relating to meeting
protocol, election of officers, committee composition, conflict of interest, public
presentations, rules of order and debate, motions and voting, choices in governance by
Bylaw, policy or resolution;
2. Provide a guide to procedural motions;
SCOPE
This policy applies to meetings of Town of Port Hawkesbury municipal council and committees
of council; as well as, members of Council appointed to external boards/committees
DEFINITIONS
Term
Definition
Abstain
A member who is lawfully entitled to vote but chooses not to
exercise his/her right to vote on a matter
Agenda
The specific items of business to be dealt with at a meeting.
Items are placed on the agenda in the sequence defined by the order
of business.
Chief Administrative
Officer
The Town of Port Hawkesbury Chief Administrative Officer and/or
designate.
Committee
Any committee of council.
Council
The council of the Town of Port Hawkesbury
Improper conduct
Conduct that obstructs in any way the deliberations and/or proper
action of committee or council.
Majority
A number greater than half of the total
Pecuniary interest
A direct or indirect pecuniary interest within the meaning of the
Municipal Conflict of Interest Act.
Personnel
Employees of the Town of Port Hawkesbury (excluding elected
officials)
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Term
Definition
Point of order
A matter that a member considers to be a departure from or
contravention of the rules, procedures and/or generally accepted
practices of council.
Point of personal
privilege
A matter that a member considers to question their integrity and/or
the integrity of the council.
Policy Matter
A matter which will be governed by the provisions of the policy and
includes any matter on which decisions may have to be made on a
regular or repetitive basis on which Council wishes to guide the
process or specify the principles to be adhered to by Council or staff
as they make that decision.
Presiding Officer
The person presiding over a meeting. This may also be referred to as
"chair".
Quorum
A majority of the total number of voting members currently on
council or committee.
Regular meeting
A scheduled meeting held in accordance with the approved
calendar/schedule of meetings.
Virtual Meeting
A meeting of council that is held fully or partially through video
conferencing
POLICY
POLICY STATEMENT
1.
APPLICATION OF THE POLICY
1.1 The rules of procedure contained in this policy shall be observed in all proceedings
of council and council committees and shall be the rules for the order and dispatch
of business in council and council committees.
1.2 All points of order or procedure for which rules have not been provided in this policy
and its appendices shall be decided by the presiding officer in accordance, as far
as is reasonably practicable, with the rules of parliamentary law as contained in
Robert's Rules of Order, 11th edition.
1.3 This Council Procedural Policy serves to replace any former municipal policies
referencing the proceedings of council or council committees.
1.4 This Council Procedural Policy shall be reviewed annually by Council.
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2.
PRESIDING OFFICER
2.1 The Mayor shall be the presiding officer at all council meetings, unless unavailable,
in which case the Deputy Mayor shall be the presiding officer. Only the elected
Mayor shall wear the Chain of Office.
2.2 The chair, or vice-chair in the chair's absence, of each standing committee of council
will serve as its presiding officer. The Mayor shall act as presiding officer at the
request of the Chair if he/she desires to leave the chair for the purposes of taking
part in the debate.
2.3. Appointment of Presiding Officers
2.3.1
Deputy Mayor
2.3.1.1 Appointment of the Deputy Mayor will take place at the Swearing
in Ceremony following Municipal Election.
2.3.1.2 The Deputy Mayor will hold office for a term of one (1) year.
2.3.1.3 All members of Council shall serve one year as Deputy Mayor. The
order of appointment will be based on the number of electoral votes
received with the who councillor receives the highest number of votes
appointed first and the councillor received the least number of votes
appointed to the final year of the council term.
2.3.2
Standing Committee Chairs/Vice-Chairs
2.3.2.1 Election of standing committee chairs and vice-chairs will take
place at the first regular meeting of committee in the same manner as
election for mayor, except that candidates will not address council,
except with permission from council.
2.3.2.2 Chairs/Vice-Chairs shall hold position for a term of two (2) years,
unless otherwise decided by motion of council.
2.4 Duties of the Presiding Officer
2.4.1
Open the meeting by taking the chair, calling the members to order and
announcing the business before the assembly and the order in which it is
to be acted upon;
2.4.2
Ensure the meeting agenda is followed and that the meeting progresses
with due efficiency;
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2.4.3
Protect all rights of those attending the meeting;
2.4.4
Receive and put to a vote all motions presented and to announce the
result;
2.4.5
Decline to put to vote motions which infringe upon the rules of order or
are beyond the jurisdiction of the assembly;
2.4.6
Enforce the rules of order;
2.4.7
Preserve order and decide points of order;
2.4.8
Restrain the members within the rules of order when engaged in
debate;
2.4.9
Determine, at their discretion, whether a motion is in order and whether a
motion deals with a policy matter and therefore requires the mandatory 7
days' notice to Councillors from Council.
2.4.10 Exclude from debate or expel from any meeting any person who is
guilty of improper conduct at the meeting;
2.4.11 Call on the Mayor, or in the absence of the Mayor on another member,
to fill their place until resuming the chair, if the presiding officer desires to
leave the chair for the purpose of taking part in the debate or otherwise;
2.4.12 Ensure that decisions of committee/council are in conformity with the
laws governing the activities of committee/council;
2.4.13 Adjourn the meeting when business is concluded;
2.4.14 Adjourn the meeting without question in the case of grave disorder
arising in the meeting place.
COUNCIL/COMMITTEE MEETINGS
2.5 Inaugural Meeting of Council (Swearing In Ceremony)
2.5.1
The inaugural meeting of council shall be held on the first available date
no earlier than 10 days and not later than 4 weeks after ordinary polling
day for the purpose of administering the Oath of Office.
2.5.2
The CAO shall be responsible for the content and format of the agenda
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as well as all arrangements for the proceedings.
2.5.3
Protocol (Inaugural Meeting {Swearing In Ceremony} Following Municipal
Election) (Sitting and Incoming Mayor, Council, CAO)
2.5.3.1
Meeting Call to Order and Welcome Remarks (Sitting Mayor)
2.5.3.2
Report on the Municipal Election (CAO)
2.5.3.3
Oaths of Allegiance and of Office (Judge or Sitting Mayor)
2.5.3.4
Appointment of Deputy Mayor
2.5.3.5
Remarks and Gift Presentations (CAO)
- Chain of Office Hand-off by Sitting Mayor
- Incoming Mayor's Remarks and gift presentations to
Outgoing Mayor, Council, CAO and Judge
- Welcome remarks to new Council members
- Welcome remarks to new CAO
2.5.3.6
Adjournment (Photo Session and Reception to follow)
2.5.3.7
Public Meeting or Special Public Meeting of Council
2.5.4
Protocol (Inaugural Meeting Following Special Election)
2.5.4.1
Meeting Call to Order (Mayor)
2.5.4.2
Report on the Special Election (CAO)
2.5.4.3
Oath of Allegiance and Office to Councillor Elect (Mayor)
2.5.4.4
Adjournment (Photo Session and Reception to follow)
2.5.4.6
Public Meeting or Special Public Meeting of Council
2.6 Council Meetings
2.6.1
Unless otherwise decided by Council, all meetings of Council and
standing committees shall be held in Shannon Studio, located at the Port
Hawkesbury Civic Centre.
2.6.2
Regular meetings of Council will be held according to the schedule set
annually by Council and at a time determined by Council.
2.6.3
Except as provided in this policy and the MGA, all meetings shall be
open to the public.
2.6.4
Council may by resolution alter the time, day, and place of any meeting
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previously approved under section 2.6.2.
2.6.5
In addition to regular meetings, the Council may hold such other meetings
as may be necessary or expedient for the dispatch of business at such time
and place as the Council determines, if each Council member is notified at
least three days in advance and the CAO gives at least two days public
notice of the meeting.
2.6.6
The CAO shall call a meeting of the Council when required to do so by the
Mayor or upon presentation of a written request signed by a majority of the
Councilors. When calling a meeting in this manner, the CAO shall give at
least two days public notice of the meeting.
2.6.7
The Mayor and CAO jointly may decide to cancel a Council/committee
meeting due to inclement weather or other circumstance, which in their
judgement appears appropriate.
2.6.8
Any decision to cancel a meeting that was called by a petition of a majority
of Councillors shall only be upheld by a two-thirds (2/3) majority decision of
Councillors.
2.6.9
A brief Council meeting shall be convened, as applicable, immediately
following the regular monthly meeting of Committees for the purpose of
receiving recommendations involving the MGA required minimum 7 days'
notice of change in policy.
2.6.10 As per section 17(7) (a) (b) of the MGA, a meeting of Council is not an illegal
or invalid meeting by reason only of a failure to give notice, or meeting
elsewhere than provided in this policy or a notice of meeting.
2.7 Emergency Meetings
2.7.1
Where the Mayor determines that there is an emergency, the council may
meet without notice or with such notice as is possible in the
circumstances.
2.8 In Camera Meetings
2.8.1
Committee and council meetings, or portions thereof, may be held in
camera only in accordance with section 22 of the Municipal Government
Act, as may be amended from time to time. The only matters to be
considered in an "in camera session" are as follows:
2.8.1.1
issues related to the proposed or pending acquisition, sale,
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lease or security of municipal property;
2.8.1.2
setting a minimum price to be accepted by the municipality at
a tax sale;
2.8.1.3
personnel matters;
2.8.1.4
labour relations;
2.8.1.5
alleged breaches of the Town of Port Hawkesbury's
Councillors Code of Conduct;
2.8.1.6
Town of Port Hawkesbury's Code of Conduct complaints
proceeding to the investigation stage;
2.8.1.7
contract negotiations;
2.8.1.8.
litigation or potential litigation affecting the municipality;
2.8.1.9
Advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
2.8.1.10
Issues related to public security.
2.8.2
Prior to moving in camera session for one of the reasons listed in section
committee/council shall pass a motion stating the fact that the
committee/council is convening into in camera session, and the general
nature of the matter to be considered. This motion shall contain a brief
description of the matter being considered.
2.8.3
A vote may occur during an in-camera session, provided the reason for
being in camera is sanctioned under section 2.8.1 , and the vote is for a
procedural matter or for giving direction to staff or solicitors of the Town.
2.8.4
Staff reports presented during an in-camera session and minutes of an in-
camera session will be maintained by the CAO and considered confidential
unless council determines that the information, or part thereof, shall be
made available to the public.
2.9 Virtual Meetings
2.9.1 Council and Committee meetings may be held in a video conference format
in accordance with the procedure as outlined in the Town of Port
Hawkesbury
Videoconferencing
Policy
and
in
conformance
with
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requirements contained in the Municipal Government Act.
Call to Order/Quorum
2.10.1 As soon as there is a quorum after the time set for the start of the
meeting, the presiding officer shall call the members to order.
2.10.2 If a quorum for a meeting is not present within fifteen (15) minutes of the
time fixed for the commencement of the meeting, the presiding officer shall
indicate that no quorum is present, and the meeting shall stand adjourned
until the next meeting called in accordance with the provisions of this policy.
2.10.3 In the case where quorum is present and the presiding officer has not
arrived within fifteen minutes after the time appointed, the vice-presiding
officer (or deputy mayor for council meetings) shall assume the chair and
call the meeting to order. The vice-presiding officer or deputy mayor shall
preside until the arrival of the regular presiding officer or the mayor.
2.10.4 In the event the member designated as vice-presiding officer or deputy
mayor is not present, then the members shall nominate and elect a
presiding officer from among the members present who shall preside until
the arrival of the regular presiding officer or the mayor.
2.10.5 Members are encouraged to inform the CAO when a member is aware that
they will be absent from any meeting.
2.10.6 Where the number of members who are unable to participate in a
meeting by reason of the provisions of the Municipal Conflict of Interest Act,
such that at that meeting the remaining members are insufficient to
constitute quorum, the remaining members shall be deemed to constitute a
quorum, provided the number is not less than two. A member who has
declared a conflict of interest and leaves the meeting shall not be counted
in determining the quorum.
2.10.7 If during the course of a meeting a quorum is lost due to vacating
members, the presiding officer shall declare that the meeting shall stand
recessed temporarily or be adjourned until the date of the next regular
meeting or other meeting called in accordance with the provisions of this
policy. Should the meeting be adjourned, the clerk shall record the names
of the members present in the minutes.
2.11 Governance by Bylaws, Policy and Resolutions
2.11.1 Council shall govern by Bylaw in all matters required by the Municipal
Government Act
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2.11.2 Council shall govern by Policy in all issues meeting the definition of a
Policy Matter. When in doubt, it is preferable to govern by policy rather
than resolution
2.11.3 Council shall govern by Resolution only when a Bylaw or policy is not
applicable and in particular, only when the motion does not involve
principles and/or processes that must be used in future staff or Council
decisions.
3.
COMMITTEES
3.1 General
3.1.1 The rules governing the procedures of council shall be observed in
Committee and Board meetings, except that:
3.1.1.1 A member need not rise to speak;
3.1.1.2
A motion to close debate is out of order;
3.1.1.3 Motions do not have to be submitted in writing unless requested
by the presiding officer;
3.1.1.4 Casual dress is acceptable by members.
3.2. Committee of the Whole
3.2.1 Council hereby establishes the Committee of the Whole as a standing Committee
of Council.
3.2.2. The mandate of the Committee of the Whole is as follows:
3.2.2.1 To discuss, consider, advise and make recommendations to Council
concerning the affairs of the Municipality that may come before Council, in
advance of Council making decisions or taking action on such matters,
except where the Mayor or CAO determines that consideration by the
Committee is unnecessary or inadvisable, and except that the following
matters shall normally be dealt with by Council without having to be
forwarded to the Committee of the Whole for its recommendations unless
otherwise determined by the Mayor or CAO:
- reports and recommendations from other committees of Council;
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- planning matters;
- first or second reading of Bylaw enactments, amendments or
repeals; and,
- matters which are the subject of a statutory hearing by Council.
3.2.2.2 To take action on such matters as are lawfully delegated to it by the
Municipality's Bylaws and Policies.
3.2.2.3 To provide Council with operational and planning updates from staff
departments through written reports presented in summary form and to
provide Mayor and Councillors the opportunity to ask questions and
address concerns to senior staff.
3.2.2.4 To take such other steps not inconsistent with this Policy that the
Committee reasonably deems necessary to carry out its mandate.
3.2.3 The Chair of the Committee of the Whole is the Mayor.
3.2.4 The Committee of the Whole consists of all Council Members and membership on
the Committee automatically extends to Council Members without the necessity or
formal appointment by Council and automatically terminates upon the termination
of a person's status as a Council Member.
3.2.5 Unless otherwise specified, regular meetings of Committee of the Whole shall be
held:
3.2.5.1 at the Council Chambers in the Shannon Studio of the Port Hawkesbury
Civic Centre;
3.2.5.2 on the third Tuesday of every month except when a summer recess is in
place or Council
3.2.5.3 commencing at 7:00 pm unless otherwise advertised
3.2.5.4 the standing agenda items would include (unless otherwise determined
by CAO/Council):
- Call to order
- Additions to the agenda
- Approval of agenda
- Presentations (2 maximum Unless otherwise approved by
CAO/Mayor)
- Council reports on assigned committees
- CAO Reports
o Finance Department
o Facilities, Operations, and Parks
o Marketing, Recreation, Tourism and Culture
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o Engineering and Public Works
- Other Business
- Future Meetings
- Adjournment
3.2.6. Regular meetings of Committee of the Whole may be rescheduled, relocated
or cancelled and additional or special meetings convened, in the same
manner and with the same notice as applies to meetings of Council, with any
necessary changes for the context.
3.3. Committees and Boards
3.3.1
The following Committees/Boards are approved for Council appointments
or nomination/recommendation to the Province (including external
organizations):
Town Advisory Committees
3.3.1.1
Inclusion, Diversity, Equity, and Accessibility Committee
(IDEA)
3.3.1.2
Financial Audit Advisory Committee
3.3.1.3
Planning Advisory Committee
3.3.1.4
Growing Port Hawkesbury
3.3.1.5
Community Development
Boards and Commissions
3.3.1.6
The Municipality of the County of Richmond/Town of Port
Hawkesbury Joint Industrial Park Commission
3.3.1.7
Landrie Lake Water Utility Board
3.3.1.8
Eastern Counties Regional Library Board
3.3.1.9
Strait Superport Corporation Board
3.3.1.10
Joint Police Advisory Board
3.3.1.11
Eastern District Planning Board
Regional Advisory Committees
3.3.1.12
Allan J. MacEachen Regional Airport Committee
3.3.1.13
Cape Breton Local Immigration Pilot
3.3.1.14
Cape Breton South Recruiting for Health Committee
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3.3.1.15
Cape Breton Regional Enterprise Network
3.3.1.16
Destination Cape Breton
3.3.1.17
Inverness County Home Support Society Committee
3.3.1.18
Strait Area Chiefs Mayors and Wardens
3.3.1.19
Strait Area Transit Committee (Board)
3.3.1.20
Strait Richmond Housing Matters Coalition
3.3.1.21
Source Water Protection Committee
3.3.1.22
Strait of Canso Offshore Wind Task Force
The Terms of Reference for each committee of Council, Board, Commission, and
Regional Committee may be found on the Town of Port Hawkesbury Website
and at the Town Office.
4.
COUNCIL/COMMITTEE ORDER OF BUSINESS AND AGENDA
4.1 The CAO with direction from the Mayor, will prepare the agenda for all regular
and special meetings of council and Committee of the Whole.
4.2 A draft agenda will be circulated on the Tuesday preceding the meeting of council
or seven days prior to the special meeting.
4.3 Finalized agendas for council/committee will be posted on the Friday before the
meeting, or seventy-two (72) hours before the meeting unless circumstances
prevent it.
4.4 The business of committee/council shall be taken up in the order in which it
stands on the agenda, unless otherwise decided by committee/council.
4.5 An item of business not listed on the agenda is not permitted to be
introduced at a meeting unless authorized by motion of committee/council.
4.6 Requests for Additions to the Agenda are to be received by the CAO or Clerk 5 days
prior to the meeting via email and completed form. (See Appendix A - Request for
additions to the Agenda). Draft Agendas are to be sent 7 days prior to the meeting
to Mayor, Councillors and senior staff. Final Agendas to be posted the Thursday
immediately prior to the meeting. Additions to the agenda during the meeting are to
be of an urgent, unforeseen nature and must be approved by Council.
5.
DISCLOSURE OF PECUNIARY INTEREST
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5.1 It is the responsibility of each member to identify and disclose any pecuniary
interest (as defined by the Municipal Conflict of Interest Act) in any item or matter before
the council or committee.
5.2 Where a member, either on their own behalf or while acting for, by, with and/or
through another, has any pecuniary interest, direct or indirect, in any matter and is
present at a meeting of the council or standing committee at which the matter is
the subject of consideration, the member shall:
5.2.1 Prior to any consideration of the matter at the meeting, disclose the
interest and the general nature thereof.
5.2.2 Leave their seat and sit in the gallery for the duration of the discussion
pertaining to the matter.
5.2.3 Not take part in the discussion of or vote on any question with respect
to the matter.
5.2.4 Not attempt in any way before, during and/or after the meeting to
influence the voting on any such question.
5.3 Where a meeting is not open to the public, in addition to complying with the
requirements, the member shall forthwith leave the meeting for the part of the
meeting during which the matter is under consideration.
5.4 Where the interest of a member has not been disclosed by reason of his absence
from the particular meeting, the member shall disclose the interest and otherwise
comply at the first meeting of council or standing committee, as the case may be,
attended by the member after the particular meeting.
6.
PRESENTATIONS TO COUNCIL/COMMITTEE
6.1 Any persons or groups may be permitted to make a presentation to
committee/council provided that the applicant(s) have submitted an
application/request one week prior to the meeting and been granted permission
from the clerk.
6.2 On receipt of an application/request to present, the Mayor and the CAO shall
review the application to determine its appropriateness and may:
6.2.1 Place the presentation on the agenda for committee;
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6.2.2 Place the presentation on the agenda for council;
6.2.3 Determine that council will receive only written submissions on the matter;
6.2.4 Determine the subject matter of the presentation is outside the jurisdiction of
the Town of Port Hawkesbury, and refuse the application.
6.3 Generally, a maximum of two presentations will be made at any meeting, with no
individual presentation to exceed 10 minutes. The CAO and Mayor may add
additional presentations, depending on the circumstances.
6.4 Any group having been approved to present to council/committee must submit any
electronic or paper presentation materials by 12:00 p.m. on the Friday prior to the
meeting.
6.5 Any persons presenting to council/committee shall not:
6.5.1 Speak disrespectfully of any person;
6.5.2 Use offensive language;
6.5.3 Speak on any subject other than the subject for which they have received
approval;
6.5.4 Disobey any decision of the presiding officer;
6.5.5 Enter into cross debate with other delegations, staff, or committee/council
members.
6.6 The presiding officer may curtail any delegation, any questions of a
delegation and/or debate during a delegation for disorder or any other breach of
this policy and, if the presiding officer rules that the delegation is concluded, the
person or persons appearing shall withdraw, and the decision of the
mayor/presiding officer shall not be subject to challenge.
7.
MINUTES
7.1 The CAO shall verify and maintain the minutes of all council and committee
meetings.
7.2 All minutes recorded for council/committee shall record all resolutions, decisions
and other proceedings at a meeting of the body, whether it is an in camera session
or not.
7.3 Minutes of meetings shall record:
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7.3.1 The type, place, date and time of meeting;
7.3.2 The name of the presiding officer and the record of attendance of the
members and the names of those council members attending who are not
part of the committee (if applicable);
7.3.3 The time of late arrival or early departure of members of committee/council;
7.3.4 The substantive decisions made and actions taken;
7.3.5 The results of votes on all motions, including noting the members voting in
the minority;
7.3.6 Attendance of staff;
7.3.7 The time the meeting went in and out of an in camera session.
7.4 The minutes of each council meeting shall be presented to council at the next
regular meeting for confirmation.
7.5 The minutes of each committee meeting shall be presented to the committee at
the next regular meeting for confirmation.
7.6 The CAO shall sign minutes of council after council approval.
8.
RULES OF ORDER AND DEBATE
8.1 Conduct of Members
8.1.1 Members of council shall:
8.1.1.1 Act in accordance with their Oath of Office and Council Code of
Conduct;
8.1.1.2 Discharge with integrity all responsibilities to council, the Town of
Port Hawkesbury and the public, in keeping with approved
corporate policies;
8.1.1.3 Not use offensive words or insulting expressions at any time
including speaking in a manner that is discriminatory in nature
based on an individual's race, ancestry, place of origin,
citizenship, creed, gender, sexual orientation, age, colour, marital
status, family status or disability;
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8.1.1.4 Treat the presiding officer, other members, staff, and the
delegates from the public with courtesy, respect and good faith;
8.1.1.5
Maintain business casual dress attire for all meetings;
8.1.1.6 Make an attempt at being acknowledged by the presiding officer
before leaving the council chambers;
8.1.1.7
Not leave their seat or make any noise or disturbance while a
vote is being taken and until the result is declared;
8.1.1.8 Not criticize any decision of the council except for the purpose of
introducing a motion for reconsideration;
8.1.1.9 Not disobey the rules of the council or a decision of the presiding
officer or council on a question of order, practice or interpretation
of the rules of the council;
8.1.1.10 Be encouraged to ask any relevant questions of staff prior to any
meeting where an issue may be introduced or debated so that
staff may be able to have appropriate information at such meeting
if necessary;
8.1.1.11 Turn off all cell phones, and electronic devices, except those in
use to facilitate the meeting, or otherwise set them so as not to
emit any audible sound during a meeting.
8.1.2 If a member disregards the rules of procedure or a decision of the
presiding officer or council on questions of order, practice and/or
interpretation of the rules, and persists in such conduct, after having been
called to order by the presiding officer, the presiding officer shall forthwith
put the question with no amendment or debate - "That such member be
ordered to leave their seat for the duration of the meeting". If, following
such vote by council, the member apologizes, council may, by a further vote
of those present, permit the member to retake their seat.
8.2 Speaking/Rules of Debate
8.2.1 While in committee, after a presentation or report, the chair will open for
discussion and questions, and after discussion and questions have ceased
or been limited, the chair will ask for a motion.
8.2.2 A member shall not speak until the presiding officer has recognized them
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by indicating it is their turn to speak.
8.2.3 When a member has been recognized by the presiding officer as
having the floor, the member shall direct their question or comment to the
presiding officer and speak only to the matter under consideration. The
presiding officer shall recognize the members who wish to speak in the
order that they indicate their desire to address council.
8.2.4 When a member is speaking, no other member shall interrupt, except to
raise a point of personal privilege or point of order.
8.2.5 Any member may require the question or motion under discussion to be
read or displayed at any time during the debate but not so as to interrupt a
member while speaking.
8.2.6 A member shall not speak more than once on the question until all
other members have had the opportunity to speak to the matter for the first
time, except for the purpose of providing an explanation of a material part
of their speech which may have been misunderstood. New information is
not to be introduced. No member shall speak to the same matter more than
four times without the leave of council.
8.2.7 A member shall not speak to the same question, or in reply, for longer
than ten minutes, without leave of council.
8.2.8 A member shall be restricted to asking questions related directly to the
matter under discussion.
8.2.9 After a question has been put by the presiding officer, no member shall
speak to the question nor shall any other motion be made until after the vote
is taken and the result has been declared.
8.2.10 To participate in debate, the presiding officer shall relinquish the
position to the vice -presiding officer until the matter has been
disposed of. Relinquishing such position ensures impartiality of the
presiding officer position
8.3 Public Conduct at Council and Committee Meetings
8.3.1 Members of the public present in the council chamber shall maintain order
and quiet and shall not address council except with the permission of
council.
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8.3.2 No person shall display signs or placards, applaud participants in
debate or engage in conversation or other behaviour which may
disrupt the proceedings of council.
8.3.3 No person shall bring into the council chamber cellular telephones or other
electronic devices which emit a sound unless such devices are turned off or
otherwise set to non-audible.
8.3.4 When invited to address council, no person shall use indecent, offensive
or insulting language or speak disrespectfully of any member of council or
any employee of the municipality.
8.3.5 Persons invited to address council or committee shall only speak on the
subject in debate and shall not speak on any other subject.
8.3.6 Any person, not being a member of council, who contravenes any
provision of this section, may be expelled from the meeting by the presiding
officer.
9.
MOTIONS
9.1 In council, the following matters, and motions with respect thereto, may be
introduced verbally, without notice and without leave, except as otherwise provided
by this policy:
9.1.1 A point of order or personal privilege.
9.1.2 To close debate.
9.1.3 To adjourn.
9.2 Standard Meeting Motions
9.2.1 For the purposes of this policy, the following will be considered "standard"
meeting motions:
9.2.1.1 To approve the agenda;
9.2.1.2 To adopt minutes;
9.2.1.3 To recess;
9.2.1.4 To adjourn.
9.2.2 The presiding officer may ask if a member of council/committee is willing to
move/second a standard meeting motion, in which case any member may
respond verbally, without pressing the Request-to-Speak microphone
function. The presiding officer will verbally indicate which members have
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moved and seconded the motion.
9.2.3 In order to streamline meetings, any of the four (4) standard meeting
motions may be voted upon by the members by a show of hands or by
saying aye/nay.
9.3 Except as provided in Section 9.1 and 9.2, or motions prepared by municipal staff,
all motions shall be clearly stated by the Chair before being voted upon.
9.4 Motions prepared in a staff report may be moved verbally by referencing the
motion and the report.
9.5 In Council, the following motions may be introduced without notice and without
leave, except as otherwise provided by this policy:
9.5.1 To suspend the rules of procedure.
9.5.2 To table.
9.5.3 To postpone definitely (deferral motion with a specified date/meeting).
9.5.4 To refer.
9.5.5 To amend.
9.5.6 To postpone indefinitely (deferral motion without specifying a
date/meeting).
9.5.7 Any other procedural motion.
9.5.8 Motions arising from Business From Councillors
9.6 After a motion has been read or stated by the presiding officer, it shall be
deemed to be in the possession of council, but may be withdrawn by the originator
at any time before a decision or amendment, provided council does not object.
9.7 Appendix "B" forms part of this policy and shall describe the form and standard
descriptive characteristics of motions commonly used in committee and council.
10.
VOTING
10.1 All members of council and standing committee members, as outlined in section
4.1.3. are qualified to vote once on each motion, and are not permitted to abstain
from voting, except when such member has declared a pecuniary interest.
10.2 Except as provided elsewhere in this policy, a motion shall be deemed to have
been carried when a majority of the members present and voting have expressed
agreement with the question. Consequently, on a tie vote, a motion is defeated.
10.3 The mover and seconder of a motion must be present at the meeting for debate
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to occur.
10.4 A member not in their seat at the call of the vote shall not be entitled to vote.
10.5 Each member shall occupy their seat until the result of the vote has been
declared.
10.6 Voting conducted at public hearings shall be done in accordance with provisions
of the MGA.
PROCEDURAL MOTIONS
1.
MOTION TO ADJOURN
1.1 A Motion to adjourn:
1.1.1 Is always in order except as provided by this policy.
1.1.2 Is not debatable.
1.1.3 Is not amendable.
1.1.4 Is not in order when a member is speaking or during the
verification of the vote.
1.1.5 Is not in order immediately following the affirmative resolution of a motion to
close debate; and
1.1.6 When resulting in the negative, cannot be made again until after some
proceedings have been completed by council.
1.2 A motion to adjourn without qualification, if carried, brings a meeting or a session
of council to an end.
1.3 A motion to adjourn to a specific time, or to reconvene upon the
happening of a specified event, suspends a meeting of council to continue at such
time.
2.
POINT OF PERSONAL PRIVILEGE
2.1 A member may at any time raise a point of privilege directing attention to a
matter that affects the integrity, character or reputation of an individual, individuals
or the entire council, or the ability of an individual to participate.
2.2 A point of privilege shall take precedence over any other matter.
2.3 A member shall not be permitted to enter into any debate or introduce any
motion not related to the point of privilege.
2.4 The chair shall decide upon the point of privilege and advise the members
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of the decision.
2.5 Unless a member immediately appeals the chair's decision, the decision of the
chair shall be final.
2.6 If the decision of the chair is appealed, the question "Shall the ruling of the chair
be upheld?" shall be called without debate, and its results shall be final, based
on a majority vote.
2.7 When the matter has been determined to be a point of privilege, the member
shall be afforded an opportunity to propose a motion in relation to that point of
privilege.
3.
MOTION TO TABLE
3.1 A motion to table:
3.1.1 Is not debatable;
3.1.2 Is not amendable
3.2 A motion to table a matter with some condition, opinion or qualification added to
the motion shall be deemed to be a motion to postpone.
3.3 The matter tabled shall not be considered again by council until a motion
has been made to take up the tabled matter at the same or subsequent meeting of
council.
3.4 A motion that has been tabled and not taken from the table for six (6) months
shall be deemed to be withdrawn and cannot be taken from the table.
4.
MOTION TO CLOSE DEBATE
4.1 A motion to close debate:
4.1.1 Is not debatable.
4.1.2 Is not amendable.
4.1.3 Cannot be moved with respect to the main motion when there is an
amendment under consideration.
4.1.4 Should be moved by a member who has not already debated the
question.
4.1.5 Requires a two-thirds (2/3) majority vote of members present for
passage; and
4.1.6 When resolved in the affirmative, the question is to be put forward without
debate or amendment.
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4.1.7 Is not permitted in committee.
5.
MOTION TO POSTPONE DEFINITELY
5.1 A motion to postpone definitely (to a fixed time or date):
5.1.1 Is debatable, but only as to whether a matter should be postponed and to
what time.
5.1.2 Is amendable as to time and/or date
5.1.3 Requires a majority vote of members present to pass.
5.1.4 Shall have precedence over the motions to refer, to amend, and to
postpone indefinitely.
6.
MOTION TO REFER (TO COMMITTEE OR STAFF)
6.1 A motion to refer:
6.1.1 Is debatable.
6.1.2 Is amendable.
6.1.3 Shall take precedence over all amendments of the main question and any
motion to postpone indefinitely, to postpone definitely or to table the
question.
7.
MOTION TO AMEND
7.1 A motion to amend:
7.1.1 Is debatable.
7.1.2 Is amendable
7.1.3 Shall be relevant and not contrary to the principle of the report or motion
under consideration.
7.1.4 May propose a separate and distinct disposition of a question provided
that such altered disposition continues to relate to the same issue, which
was the subject matter of the question.
7.2 Only one motion to amend an amendment to the question shall be allowed at
one time and any further amendment must be to the main question.
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8.
MOTION TO POSTPONE INDEFINITELY
8.1 A motion to postpone indefinitely:
8.1.1 Is debatable, and debate may go into the merits of the main question,
which effectively stops a motion and avoids a direct vote on the question.
8.1.2 Is not amendable.
8.1.3 Requires a majority vote.
8.1.4
9.
POINT OF ORDER
9.1 The presiding officer shall decide all points of order. When a member wishes to
raise a point of order, the member shall ask leave of the presiding officer and after
leave is granted, the member shall state the point of order to the presiding officer,
after which the presiding officer shall decide on the point of order. Thereafter, the
member shall only address the presiding officer for the purpose of appealing the
decision to council or committee, as the case may be. If the member does not
appeal, the decision of the presiding officer shall be final. If the member appeals to
council or committee as the case may be, council/committee shall decide the
question without debate and the decision shall be final.
10.
MOTION TO SUSPEND THE RULES (WAIVE THE RULES)
10.1 A motion to suspend the rules:
10.1.1
Is not debatable
10.1.2
Is not amendable
10.1.3 Requires a two-thirds (2/3) majority vote to carry.
10.1.4 Takes precedence over any motion if it is for a purpose connected
with that motion and yields to a motion to table.
11. MOTION TO RECONSIDER
11.1 A motion to reconsider:
11.1.1. Is debatable and such debate should be confined to reasons for or
against recommendation.
11.1.2 Is amendable.
11.1.3 Requires a majority vote, regardless of the vote necessary to
adopt the motion to be reconsidered.
11.2. A motion to reconsider may be made only by a member who voted on the
prevailing side in the original vote.
11.3 No question shall be reconsidered more than once, nor shall a vote to
reconsider be reconsidered.
11.4 No discussion of the main question by any person shall be allowed unless
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the motion to reconsider has first been adopted.
11.5 The mover of a motion to reconsider shall specify whether the reconsideration
will address the entire original motion or part of the original motion.
11.6 A motion to reconsider can only be moved to consider reversing a decision
made previously at the same meeting.
12.
MOTION TO AMEND/RESCIND A PREVIOUS DECISION
12.1 A motion to amend/rescind a previous decision:
12.1.1
Is debatable and such debate should be confined to reasons for or
against recommendation.
12.1.2
Is amendable, only as to the portion of the decision to be amended.
12.1.3
Requires a two-thirds vote of the members present.
12.2 A motion to amend/rescind a previous decision requires at least two- thirds of
the members present and voting. If the motion is decided in the negative, it cannot
be brought forward again during a period of twelve months following the date on
which the question was decided.
12.3 No discussion of the main question by any person shall be allowed unless
the motion to amend/rescind a previous decision has first been adopted.
12.4 If a question is re-visited, it is re-visited in its entirety, unless the re-visiting motion
specifies otherwise.
12.5 If the question is re-visited, all previous decisions remain in force unless council
decides otherwise.
ROLES AND RESPONSIBILITIES
Title/Role
Responsibilities
Policy Owner
The policy owner (see Version Log Section) is responsible for ensuring
that the policy is implemented and being followed. In addition, the policy
owner is responsible for reviewing the policy on a yearly basis for
relevancy and potential updates.
Note: Policy Owners are usually the heads of management units (i.e.
Department Directors or the CAO).
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ANNOTATION
Policy Review Notification:
June 3rd, 2025
Policy Review Date:
June 3rd, 2025
Approved by Council:
June 17, 2025
I certify this to be a true copy of the Council Procedural Policy as adopted by the
Town Council of Port Hawkesbury at a Public Meeting held
Terry Doyle, P. Eng.
Chief Administrative Officer
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REQUEST FOR ADDITIONS TO THE AGENDA
MEETING: _________________ Public Meeting _________________ Special Public Meeting
(Month)
(Month)
_________________CoW
___________ Emergency Meeting
(Month)
(Month)
AGENDA ITEM:
ITEM BACKGROUND:
ACTION REQUESTED FOR CONSIDERATION:
Information Purposes
Staff Research
Council Discussion
Letter of Support
Motion in support of an action
SUBMITTED BY: ______________________________________
Date: _______________________________
**Requests for Agenda additions are to be received by the CAO or Clerk 8 days prior to the meeting.
Draft Agendas are to be sent 7 days prior to the meeting to Mayor, Councillors, and Senior Staff.
Final Agendas to be posted Thursdays prior to the Meeting. Additions to the agenda during the
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