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Municipality of the District of St. Mary's
Council Procedural Policy
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1. 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
Municipality of the District of St. Mary's. The procedural requirements in this Policy are intended
to complement and supplement, not to replace, the requirements contained in the Municipal
Government Act (MGA).
The objectives of the Council Procedural Policy are to:
a. Clearly communicate the procedures to be used for council and committees of council in
the execution of all business for the Municipality of the District of St. Mary's 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 By-
law, policy, or resolution;
b. Outline the Municipal Code of Conduct Policy;
c. Provide a guide to procedural motions.
2. Scope
This policy applies to meetings of the Municipality of the District of St. Mary's municipal council
and committees of council; as well as members of council appointed to external
boards/committees.
3. Definitions
3.1. Abstain - A member who is lawfully entitled to vote but chooses not to exercise their
right to vote on a matter.
3.2. 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.
3.3. Business day- A Day when the Municipality of the District of St. Mary's office is open for
business.
3.4. Chair- The presiding officer.
3.5. Chief Administrative Officer or CAO- The administrative head of a municipality as
appointed by council under subsection 86(2)(c) of the Municipal Government Act.
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3.6. Clerk- The municipal clerk of the Municipality of the District of St. Mary's and/or
designate.
3.7. Committee- Any committee of council.
3.8. Council- The council of the Municipality of the District of St. Mary's.
3.9. Council member(s)- Include(s) the warden unless the context indicates otherwise.
3.10. Conflict of interest- A direct or indirect conflict of interest within the meaning of the
Municipal Conflict of Interest Act.
3.11. Improper conduct- Conduct that obstructs in any way the deliberations and/or proper
action of committee or council.
3.12. Leave of Council- Permission of Council.
3.13. Personnel- Employees of the Municipality of the District of St. Mary's (excluding elected
officials).
3.14. Point of personal privilege- A matter that a member considers questioning their integrity
and/or the integrity of the council.
3.15. 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.
3.16. Presiding Officer- The person presiding over a meeting. This may also be referred to as
"chair."
3.17. Quorum- A majority of the total number of voting members currently on council or
committee.
3.18. Regular meeting- A scheduled meeting held in accordance with the approved
calendar/schedule of meetings.
4. Application of the Policy
4.1. 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.
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4.2. This policy applies to all members of council, the Chief Administrative Officer (CAO),
members of council committees, Municipality of the District of St. Mary's employees,
those who appear before the council and members of the general public.
4.3. 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, 12th edition.
4.4. In the event of any conflict between the provisions of this policy and the Municipal
Government Act and this policy, the MGA will prevail.
4.5. This Council Procedural Policy serves to replace any former municipal policies or past
practices referencing the proceedings of council or council committees.
4.6. This Council Procedural Policy shall be reviewed at the council orientation or as deemed
necessary by council resolution.
5. Presiding Officer
5.1. The warden shall be the presiding officer at all council meetings, unless unavailable, in
which case the deputy warden shall be the presiding officer.
5.2. The chair or vice-chair in the chair's absence of each standing committee of council will
serve as its presiding officer. The warden shall act as presiding officer at the request of
the chair if they desire to leave their chair for the purposes of taking part in the debate.
5.3. Election of Presiding Officers
Warden
5.3.1. The warden will be elected at the inaugural meeting of council, immediately after
the councillors-elect have taken the Oath of Office and signed the Code of Conduct.
5.3.2. All nominations will be received verbally, with nominations to be closed by a
seconded motion. After nominations have closed, councillors having let their
names stand for election will each have 5 minutes to address council.
5.3.3. Voting will take place via secret ballot with counting to take place by staff. After
counting, the clerk will announce if a majority was achieved by any candidate.
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5.3.4. If a majority has not been achieved, then the candidate with the lowest number of
votes is dropped from the ballot and an additional vote is held. This process
continues until a candidate achieves a majority or until only two candidates remain.
5.3.5. If only two candidates remain, if necessary, two votes will take place to determine
a majority. If no majority is achieved after two votes, then the clerk will determine
the warden from the two leading candidates by lot as per section 12(5) of the MGA.
5.3.6. The warden will hold office for a term of four (4) years unless, prior to the selection
of a warden, the council adopts a shorter term of office for the warden as per
section 12(2) of the MGA.
5.3.7. If the warden position becomes vacant during the term of council, the newly elected
warden shall hold office until the end of the council term, unless overturned as per
section 12(7) of the MGA.
5.3.8. After declaration of the warden, all ballots related to the election shall be destroyed
in the presence of council, unless otherwise decided by majority vote.
Deputy Warden
5.3.9. Election of the deputy warden will take place immediately following the election of
warden and be conducted in the same manner as the election of warden.
5.3.10. The deputy warden will hold office for a term of four (4) years unless, prior to the
selection of a deputy warden, the council adopts a shorter term of office for the
deputy warden as per section 16(2) of the MGA.
5.3.11. If the deputy warden position becomes vacant during the term of council, the newly
elected deputy warden shall hold office until the end of the council term, unless
overturned in the similar manner of overturning the Warden as per section 12(7) of
the MGA.
5.4. Appointed Committees
5.4.1. Appointment of councillors to internal and external committees will take place by
consensus of council at the first regular meeting of council.
5.4.2. Appointed councillors hold position for a term of one (1) year, with the option for
reappointment at the Annual General Meeting of Council.
5.5. It shall be the duty of the presiding officer to:
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5.5.1. 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;
5.5.2. Ensure the meeting agenda is followed and that the meeting progresses with due
efficiency;
5.5.3. Protect all rights of those attending the meeting;
5.5.4. Receive and put to a vote all motions presented and to announce the result;
5.5.5. Decline to put to vote motions which infringe upon the rules of order or are beyond
the jurisdiction of the assembly;
5.5.6. Enforce the rules of order;
5.5.7. Preserve order and decide points of order;
5.5.8. Restrain the members within the rules of order when engaged in debate;
5.5.9. 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 prior to the motion;
5.5.10. Exclude from debate or expel from any meeting any person who is guilty of
improper conduct at the meeting;
5.5.11. Call on the warden, or in the absence of the warden 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;
5.5.12. Ensure that decisions of committee/council are in conformity with the laws
governing the activities of committee/council;
5.5.13. Adjourn the meeting when business is concluded;
5.5.14. Adjourn the meeting without question in the case of grave disorder arising in the
meeting place.
6. Council/Committee Meetings
6.1. Inaugural Meeting of Council
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6.1.1. 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 as per section 148 of the Municipal Elections Act
(MEA). All councillors shall sign the Statement of Commitment to the Code of
Conduct Policy (Appendix B).
6.1.2. The clerk shall be responsible for the content and format of the agenda as well as
all arrangements for the proceedings.
6.1.3. The clerk shall serve as presiding officer for the inaugural meeting until the warden
has been elected, at which time the warden will assume chair of the meeting.
6.1.4. Seating arrangements for councillors will be determined at the inaugural meeting
and will be then set for future meetings of council.
6.2. Council Meetings
6.2.1. Unless otherwise decided by council, all meetings of council and standing
committees shall be held in council chambers, located at the Municipal Office, 8296
HWY #7, Sherbrooke NS.
6.2.2. Regular meetings of council and Committee of the Whole meetings will be held
according to the schedule set by council and at a time determined by council.
6.2.3. Internal Committees of Council shall schedule regular meeting as per each
committee's policy.
6.2.4. Except as provided in this policy and the MGA, all meetings shall be open to the
public.
6.2.5. Council may by resolution alter the time, day, and place of any meeting previously
approved under section 6.2.1 & 6.2.2.
6.2.6. 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 clerk gives at least two days public notice of the meeting.
6.2.7. The clerk shall call a meeting of the council when required to do so by the warden
or upon presentation of a written request signed by a majority of the councillors.
When calling a meeting in this manner, the clerk shall give at least two days public
notice of the meeting.
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6.2.8. The warden and CAO jointly may decide to cancel a council/committee meeting
due to inclement weather or other circumstance, which in their judgement appears
appropriate.
6.2.9. 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.
6.2.10. A special meeting of council may 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.
6.2.11. As per section 19(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.
6.2.12. Any scheduled meetings of council that fall on a holiday may be held on the next
regular business day.
6.2.13. As per the municipal Virtual Meetings Policy, meetings of council and municipal
committees, including annual general meetings and in camera meetings, may be
held by virtual means where Public Health orders or other circumstances to do
not allow for in-person meetings; or, where a councillor, staff or presenter is not
able to attend a meeting in-person due to health considerations or illness; or
travel considerations provided that for any meeting required to be an open
meeting, a recording of the meeting is posted to the Municipality's website
within a reasonable period of time following the meeting to ensure openness
and transparency.
6.3. Emergency Meetings
6.3.1. Where the warden determines that there is an emergency, the council may meet
without notice or with such notice as is possible in the circumstances.
6.4. In Camera Meetings
6.4.1. 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:
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a. Issues related to the proposed or pending acquisition, sale, lease, or security of
municipal property; or
b. Setting a minimum price to be accepted by the municipality at a tax sale; or
c. Personnel matters; or
d. Labour relations; or
e. Contract negotiations; or
f. Issues related to public security; or
g. Litigation or potential litigation affecting the municipality; or
h. Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.4.2. Prior to moving in camera session for one of the reasons listed in section 3.41,
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.
6.4.3. A vote may occur during an in-camera session, provided the reason for being in
camera is sanctioned under section 3.4.1, and the vote is for a procedural matter or
for giving direction to staff or solicitors of the municipality.
6.4.4. Recommendations to council from an in-camera session will be dealt with
immediately following dissolution of the in-camera session.
6.4.5. Staff reports presented during an in-camera session and minutes of an in-camera
session will be maintained by the clerk and considered confidential unless council
determines that the information, or part thereof, shall be made available to the
public.
6.5. Call to Order/Quorum
6.5.1. 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.
6.5.2. If a quorum for a meeting is not present within five (5) 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. If a member is running late
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due to an emergency, an exemption may be made by consensus of council if they
are notified that the member is on their way.
6.5.3. In the case where a quorum is present and the presiding officer has not arrived
within five (5) minutes after the time appointed, the vice-presiding officer (or
deputy warden for council meetings) shall assume the chair and call the meeting
to order. If the presiding officer later arrives to the meeting, the vice-presiding
officer can choose to continue chairing the meeting or ask the presiding officer to
take over.
6.5.4. In the event the member designated as vice-presiding officer or deputy warden 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 warden.
6.5.5. Members are encouraged to inform the clerk when a member is aware that they
will be absent from any meeting.
6.5.6. As per section 17(4) of the Municipal Government Act, a warden or councillor who,
without leave of the council, is absent from three consecutive regular meetings of
the council, ceases to be qualified to serve as warden or as a councillor.
6.5.7. 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.
6.5.8. 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 in the minutes the names of the remaining members.
6.6. Governance by Bylaws, Policy, and Resolutions
6.6.1. Council shall govern by Bylaw in all matters required by the MGA.
6.6.2. 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.
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6.6.3. Council shall govern by resolution only when a by-law 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.
7. Council/Committee Order of Business and Agenda
7.1. The clerk, under the direction of the chief administrative officer in accordance with the
warden, will prepare the agenda for all regular and special meetings of council and
council committees.
7.2. Agendas for council/committee will be provided to members seventy-two (72) hours
before the meeting unless circumstances prevent it and posted within 48 hours to the
municipal website.
7.3. 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.
7.4. 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.
7.5. After adjournment of a regular monthly council meeting, council will permit a ten (10)
minute question period for any public in attendance with questions pertaining only to
items that were on the agenda.
8. Minutes
8.1. The clerk shall verify and maintain the minutes of all council and committee meetings.
8.2. All minutes recorded for council/committee shall record all resolutions, decisions, and
other proceedings at a meeting of the body.
8.3. All in camera minutes shall record high level summaries of discussion and decisions and
are not open to the public.
8.4. Minutes of meetings shall record:
a. The type, place, date, and time of meeting.
b. 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).
c. The time of late arrival or early departure of members of committee/council.
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d. The substantive decisions made, and actions taken.
e. The results of votes on all motions, including noting the members voting in the
minority.
f. Attendance of staff.
g. The time the meeting went in and out of an in-camera session.
8.5. The minutes of each council/committee meeting shall be presented to council at the next
regular meeting for confirmation.
8.6. The minutes of each committee meeting shall be presented to the committee at the next
regular meeting for confirmation.
8.7. In order to move or second the approval of minutes, the member must have been in
attendance of that meeting where the minutes are being approved.
8.8. The warden and clerk shall sign minutes of council after council approval. If the clerk was
not present to record the minutes, the CAO or Director of Finance shall sign the minutes.
If the warden was not present for the meeting the presiding officer shall sign the minutes.
9. Rules of Order and Debate
9.1. Conduct of Members
Members of council shall:
9.1.1. Act in accordance with their Oath of Office and Council Code of Conduct.
9.1.2. Discharge with integrity all responsibilities to council, the Municipality of the
District of St. Mary's, and the public, in keeping with approved corporate policies.
9.1.3. 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.
9.1.4. Treat the presiding officer, other members, staff, and the delegates from the public
with courtesy, respect, and good faith.
9.1.5. Treat the presiding officer, other members, staff, and the delegates from the public
with courtesy, respect, and good faith.
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9.1.6. Make an attempt at being acknowledged by the presiding officer before leaving
the council chambers.
9.1.7. Not leave their seat or make any noise or disturbance while a vote is being taken
and until the result is declared.
9.1.8. Not criticize any decision of the council except for the purpose of introducing a
motion for reconsideration.
9.1.9. Obey 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.
9.1.10. 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.
9.1.11. 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 as per the municipal Meetings of Council-Electronic Devices Policy.
9.1.12. 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.
9.2. Speaking/Rules of Debate
9.2.1. 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 may ask for a motion.
9.2.2. A member shall not speak until the presiding officer has recognized them by
indicating it is their turn to speak.
9.2.3. When the presiding officer has recognized a member 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
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members who wish to speak in the order that they indicate their desire to address
council.
9.2.4. When a member is speaking, no other member shall interrupt, except to raise a
point of personal privilege or point of order.
9.2.5. Any member may require the question or motion under discussion to be read or
displayed at any time during the debate but not to interrupt a member while
speaking.
9.2.6. 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.
9.2.7. A member shall not speak to the same question, or in reply, for longer than five (5)
minutes, without leave of council. The chair may ask the clerk to keep the time of
the member speaking.
9.2.8. A member shall be restricted to asking questions related directly to the matter
under discussion.
9.2.9. 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.
9.2.10. 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.
9.3. Public Conduct at Council and Committee
9.3.1. Meetings Members of the public present in the council chamber shall maintain
order and quiet and shall not address council except with permission by a majority
vote of council.
9.3.2. 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.
9.3.3. 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
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otherwise set to non-audible as per the municipal Meetings of Council- Electronic
Devices Policy.
9.3.4. There shall be no recording of meetings permitted unless pre-approved by the
presiding officer and announced prior to the meeting commencing.
9.3.5. 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.
9.3.6. Persons invited to address council or committee shall only speak on the subject in
debate and shall not speak on any other subject.
9.3.7. 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.
10. Motions
10.1. 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:
a. A point of order or personal privilege.
b. To close debate.
c. To adjourn.
10.2. Standard Meeting Motions
10.2.1. For the purposes of this policy, the following will be considered "standard" meeting
motions:
a. To approve the agenda.
b. To adopt minutes.
c. To recess.
d. To adjourn.
10.2.2. 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. The presiding officer will verbally indicate which members have moved
and seconded the motion.
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10.2.3. 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.
10.3. Except as provided in Section 8.1 and 8.2, or motions prepared by municipal staff, all
motions shall be clearly stated by the chair before being voted upon.
10.4. Motions prepared in a staff report may be moved verbally by referencing the motion
and the report.
10.5. In Council, the following motions may be introduced without notice and without leave,
except as otherwise provided by this policy:
a. To suspend the rules of procedure.
b. To table.
c. To postpone definitely (deferral motion with a specified date/meeting).
d. To refer.
e. To amend.
f. To postpone indefinitely (deferral motion without specifying a date/meeting).
g. Any other procedural motion.
h. Motions arising from Business from Councillors
10.6. 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.
10.7. Appendix "A" forms part of this policy and shall describe the form and standard
descriptive characteristics of motions commonly used in committees and council.
11. Voting
11.1. Except as outlined in section 9.2, the manner of determining the decision of the council
or committee on a motion shall be via raised hands or verbal aye/nay.
11.2. No vote shall be taken by ballot or by any other method of secret voting, except for the
selection of warden, deputy warden and standing committee presiding officers as
stated in section 2.
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11.3. All members of council and standing committee members that are qualified to vote
shall vote once on each motion, and are not permitted to abstain from voting, except
when such member has declared a conflict of interest as per section 21(2)(3) of the
MGA.
11.4. 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.
11.5. The mover and seconder of a motion must be present at the meeting for debate to
occur.
11.6. A member not in their seat at the call of the vote shall not be entitled to vote.
11.7. Each member shall occupy their seat until the result of the vote has been declared.
11.8. Voting conducted at public hearings shall be done in accordance with provisions of the
MGA.
12. Presentations to Council/Committee
12.1. Any persons or groups may be permitted to make a presentation to committee/council
provided that the applicant(s) has submitted a completed "Request for Making
Presentation" form and been granted permission from the CAO and following the
Presentations to Council policy and procedures.
13. Disclosure of Conflict Interest
13.1. It is the responsibility of each member to identify and disclose any conflict of interest
(as defined by the Municipal Conflict of Interest Act) in any item or matter before the
council or committee.
13.2. Where a member, either on their own behalf or while acting for, by, with and/or through
another, has any conflict of 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:
a. Prior to any consideration of the matter at the meeting, disclose the interest and the
general nature thereof.
b. Not participate for the duration of the discussion pertaining to the matter.
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c. Not take part in the discussion of or vote on any question with respect to the matter.
d. Not attempt in any way before, during and/or after the meeting to influence the voting
on any such question.
13.3. 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.
13.4. 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 as per the Municipal Conflict of Interest Act.
13.5. Where a member has declared a conflict of interest, the clerk shall record this in the
minutes and a sperate document that refers to the meeting date and time as well as a
copy of the minutes where the conflict was recorded will be kept in the Conflict-of-
Interest file.
14.
Committees
14.1. The rules governing the procedures of council shall be observed in committee and
board meetings.
14.2. Internal and external committees/boards are approved for council appointments or
nominations or recommendations to the province by way of motion of council and
placed on the Approved Committees/Boards list (Schedule A).
14.3. The appointed councillor(s) of all committees shall serve for a term of one (1) year and
will be chosen according to section 2.3.3. Council will review annually and update the
approved list on Schedule A.
14.4. The role of the committees shall be to receive reports on areas of interest within their
scope and make recommendations to council on the direction and nature of policy
development and general governance of the municipality as required.
14.5. Special or other committees of council may be appointed as determined necessary by
motion of Council and then reviewed annually at the Annual General Meeting of
Council.
14.6. Council members appointed to external boards/committees, shall provide regular
updates upon attending the meeting to municipal staff by using the Municipal Outside
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Committee Appointment Report template (Appendix C). These reports will be added to
the regular meeting of council for the information of all members of council and will be
posted on the municipal website for the information of the public.
_____________________________________________________________________________________________________
Municipal Clerk
Date
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SCHEDULE A - "Policy Record"
The Municipality shall ensure this policy is reviewed by January 31st immediately
following a regular election held under the Municipal Elections Act and, where necessary
revised upon approval of Council.
Version #
Amendment Description
Approved By
Approval Date
1
Approval of the policy
Council
August 10, 2020
2
Amendments to section 3.12 to include
the definition of a Leave of Council, section
6.2.2 and 6.2.3 to clarify scheduling for
meetings, section 6.2.13 to include the
update of the virtual meetings policy,
section 6.5.6 which clarifies how many
consecutive council meetings may be
missed before requesting an extended
absence from council meetings.
Council
April 4, 2023
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APPENDIX A - PROCEDURAL MOTIONS
1. Motion to Adjourn
1.1.
A Motion to adjourn:
a. Is always in order except as provided by this policy.
b. Is not debatable.
c. Is not amendable.
d. Is not in order when a member is speaking or during the verification of the vote.
e. Is not in order immediately following the affirmative resolution of a motion to close
debate; and
f. 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 of the
decision.
2.5. Unless a member immediately appeals the chair's decision, the decision of the chair shall
be final.
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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:
a. Is not debatable.
b. 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 meetings 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:
a. Is not debatable.
b. Is not amendable.
c. Cannot be moved with respect to the main motion when there is an amendment under
consideration.
d. Should be moved by a member who has not already debated the question.
e. Requires a two-thirds (2/3) majority vote of members present for passage.
f. When resolved in the affirmative, the question is to be put forward without debate or
amendment.
g. Is not permitted in committee.
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5. Motion to Postpone Definitely
5.1. A motion to postpone definitely (to a fixed time or date):
a. Is debatable, but only as to whether a matter should be postponed and to what time.
b. Is amendable as to time and/or date.
c. Requires a majority vote of members present to pass.
d. 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:
a. Is debatable.
b. Is amendable.
c. 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:
a. Is debatable.
b. Is amendable.
c. Shall be relevant and not contrary to the principle of the report or motion under
consideration.
d. 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.
8. Motion to Postpone Indefinitely
8.1. A motion to postpone indefinitely:
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a. 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.
b. Is not amendable.
c. Requires a majority vote.
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 the presiding officer for a "point of order" and after
permission 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. 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:
a. Is not debatable.
b. Is not amendable.
c. Requires a two-thirds (2/3) majority vote to carry.
d. 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:
a. Is debatable and such debate should be confined to reasons for or against
recommendation.
b. Is amendable.
c. Requires a majority vote, regardless of the vote necessary to adopt the motion to be
reconsidered.
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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 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:
a. Is debatable and such debate should be confined to reasons for or against
recommendation.
b. Is amendable, only as to the portion of the decision to be amended.
c. 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.
12.2. 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.
12.3. If a question is re-visited, it is re-visited in its entirety, unless the re-visiting motion
specifies otherwise.
12.4. If the question is re-visited, all previous decisions remain in force unless council decides
otherwise.
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APPENDIX B - STATEMENT OF COMMITMENT TO CODE OF CONDUCT
POLICY
I, __________________________________________ declare that as a Councillor of District
(Full name)
________________________________________I acknowledge and support the Code of Conduct Policy.
(district)
Signed: ____________________________________________
Declared this ________________ day of _____________________, year of _____________.
Before me:
_________________________________________________________
Chief Administrative Officer/Municipal Clerk
Municipality of the District of St. Mary's
Council Procedural Policy
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APPENDIX C - Report to Council
Report to Council
Member of Council:
Board/Agency/Organization:
Date Attended:
Location:
Notes:
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SCHEDULE B - APPROVED COMMITTEES/BOARDS
The following committees/boards have been approved by council for council appointments or
nominations or recommendations to the Province. Council will review these appointments
annually at the Annual General Meeting and the list will be updated accordingly.
Table 1. Internal Committees/Boards:
Committee
Approved By
Approval Date
Accessibility Advisory Committee
Council
April 4, 2023
Audit Committee
Council
April 4, 2023
Fences Arbitration Committee
Council
April 4, 2023
Fire Services Committee
Council
April 4, 2023
Joint Occupational Health and Safety Committee
Council
April 4, 2023
Source Water Protection Advisory Committee
Council
April 4, 2023
Land Development Committee
Council
April 4, 2023
Table 2. External Committees/Boards:
Committee
Approved By
Approval Date
Eastern Counties Regional Library (Board
Member)
Council
April 4, 2023
Eastern Region Solid Waste Management
Council
April 4, 2023
Sherbrooke Village Commission (Board Member)
Council
April 4, 2023
Guysborough Adult Learning Association (Board
Member)
Council
April 4, 2023
Guysborough Home Support
Council
April 4, 2023
Old Fashioned Christmas Association
Council
April 4, 2023
Port Bickerton Lighthouse Association
Council
April 4, 2023
Guysborough Community Health Board
Council
April 4, 2023
Guysborough County Tourism Board
Council
April 4, 2023