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MUNICIPAL COUNCIL
AGENDA
Thursday, April 28, 2022
Livestreamed via YouTube at
https://www.youtube.com/channel/UC_uKlob3qOA6eD62x1kK5Kw
Office Location: 151 King Street, Chester, NS
1. MEETING CALLED TO ORDER
2. APPROVAL OF AGENDA/ORDER OF BUSINESS
3. PUBLIC INPUT SESSION (15 minutes – 8:45 a.m. to 9:00 a.m.)
4. MINUTES OF PREVIOUS MEETING
4.1 Council – April 14, 2022.
4.2 Public Hearing – April 21, 2022.
5. COMMITTEE REPORTS
5.1 Committee of the Whole (recommendations) – April 21, 2022 – Warden Webber.
6. PUBLIC PRESENTATIONS
6.1 Volunteer Presentations.
7. MATTERS ARISING
7.1 Request for Decision prepared April 19, 2022 – Corporate & Strategic Management
Department – Expense Policy.
7.2 Request for Decision prepared April 7, 2022 – Corporate & Strategic Management
Department – Events Levy Promotion.
7.3 Request for Decision Prepared April 19, 2022 – Corporate & Strategic Management
Department – Outdoor Dining Area By-Law.
7.4 Request for Decision prepared April 2022 – Infrastructure & Operations Department -
Speed Radar Signs.
8. CORRESPONDENCE
Page 2 of 2
9. NEW BUSINESS
9.1 Request for Decision prepared April 2022 – Corporate & Strategic Management
Department – Procedures of Council Policy.
10. IN CAMERA
10.1 In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal
property – Whalen Lake.
10.2 In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal
property – Marriotts Cove.
11. ADJOURNMENT
APPOINTMENTS
9:00 a.m. Volunteer Presentations
9:15 a.m. MLA Danielle Barkhouse
153
MUNICIPALITY OF THE DISTRICT OF CHESTER
Minutes of
COUNCIL MEETING
Livestreamed via YouTube from 151 King Street, Chester
On Thursday, April 14, 2022
MEETING CALLED TO ORDER
Webber called the meeting to order at 8:50 a.m.
Present: District 1 – Councillor Veinotte District 5 – Councillor Assaff
District 2 – Deputy Warden Shatford District 6 – Councillor Connors
District 3 – Councillor Wells District 7 – Councillor Church
District 4 – Warden Webber
Staff: Dan McDougall, CAO
Tara Maguire, Deputy CAO
Pamela Myra, Municipal Clerk
Jennifer Webber, Communications & Outreach Officer (Zoom)
Tim Topping, Director of Financial & Information Services
Matthew Blair, Director of Infrastructure & Operations
Solicitor: Samuel Lamey, Municipal Solicitor
APPROVAL OF AGENDA/ORDER OF BUSINESS
In Camera as per Section (22)(2)(e) - Contract Negotiations – Province/Municipality of
the District of Chester.
2022-146 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the
agenda and order of business for the April 14, 2022, Council meeting be
approved as amended. ALL IN FAVOUR. MOTION CARRIED.
PUBLIC INPUT
Carol Nauss was present to update Council on what the Heritage Society has planned for the
upcoming year and to provide some props for Council to take a look and determine if they
Council (continued) April 14, 2022 154
know what they were used for. One was a small metal scale that was used to weigh mail and
the second was a wooden apparatus which was used as an ironing board for shirt sleeves.
She reviewed the summer plans which includes getting a group together to determine events
and to send in an application for funding which will make the park more accessible and
provide seating and lights. They are planning a garden party for July 1st with fireworks as well
as a July 9th tea to celebrate Queen Elizabeth’s Jubilee. This will also include singing and a
fashion show.
She asked Councillors to ask in their communities what things happened during the Queen’s
reign. Some comments included installation of the Lido Pool, Sustane, wind power, sewage
plants, construction of the rink, curling rink, golf course, and Mill Cove Park.
They will also be having a larger yard sale in August and will be asking non-profits and
organizations to join them as well if they would like to raise some funds.
As a long range plan, they would like to buy the land the station sits on. Although there is a 20
year lease, there is nothing that says the province will re-issue the lease. It makes sense to
keep it as an open space within the Village.
Council agreed that Ms. Nauss could add the Municipality as being agreeable to the
application being forwarded.
Councillor Connors asked fellow Councillors if there were other areas in the municipality
mobilizing their community groups to put forward an application, noting that New Ross will be
reviewing it next week.
MINUTES OF PREVIOUS MEETING
4.1 Council – March 31, 2022.
2022-147 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church that the
minutes of the March 31, 2022 be approved. ALL IN FAVOUR. MOTION CARRIED.
COMMITTEE REPORTS
5.1 Committee of the Whole – April 7, 2022 – Warden Webber.
Council (continued) April 14, 2022 155
There were no motions requiring approval of Council.
MATTERS ARISING
7.1 Amendment of Policy P-09 – Second/Final Notice to Amend Policy P-09 Sections A, B,
and C to increase annual remuneration Cost of Living by the Consumer Price Index – All
Items for Nova Scotia 2021 by 4.1% Effective April 1, 2022.
2022-148 MOVED by Councillor Veinotte, SECONDED by Councillor Church that Council
approve Second/Final Reading to amend Policy P-09 Sections A, B, and C to
increase annual remuneration Cost of Living by the Consumer Price Index – All
Items for Nova Scotia 2021 by 4.1% Effective April 1, 2022. ALL IN FAVOUR.
MOTION CARRIED.
7.2 Request for Decision prepared– Infrastructure & Operations – Tender T-2022-003 Cell 3B
Construction.
The CAO indicated that a portion of this information will be reviewed In Camera as it pertains
to contract negotiations.
Matthew Blair, Director of Infrastructure & Operations, reviewed the Request for Decision
prepared March 30, 2022 regarding Tender T-2022-003 for Cell 3B Construction.
The Municipality completed the design and tender with CBCL Ltd for the construction of Cell
3B at Kaizer Meadow Landfill approved by Council July 8, 2021 (Motion 2021-279). The budget
for the construction and inspection for the Cell 3B project was budgeted at $4,100,000 (net
HST) which had not been approved to date. As of late a formal tender bid was received and
the cost has increased significantly.
The construction tender was prepared and issued on schedule February 15, 2022 and closed
on March 22, 2022. One bid was received from Dexter Construction and they are well known
for their experience and can complete the work required no later than December 2022, as
specified in their submission. The tendered price is $5,773,000 excl HST.
In consultation with CBCL, the single bid was reviewed, and the tendered price accurately
reflects the work to be undertaken. They have noted seeing an increase of 20 – 30% for 2022
compared to 2021. The resin volatility impacts pricing for pipe, geonet and geomembrane, as
well as high fuel prices for operating vehicles and machinery.
Council (continued) April 14, 2022 156
The CAO indicated that there is additional information to review In Camera. The associated
increase in debt servicing costs were captured in the operating budget presented in the
budget last week. There was no recommendation to increase in solid waste rates; the
additional expense for us and our municipality would not mean a cost increase for a number of
reasons. He will review during the closed session. He did note that he has heard from other
municipalities that for all types of construction there have been increases.
It was agreed to defer a decision on this tender until after discussion In Camera regarding the
landfill.
CORRESPONDENCE
8.1 Cost Shared Program for Paving of Subdivision (J Class) Streets for fiscal year 2022/23 –
correspondence from province approving Adams Road, Brunswick Street, and Myra Road
for a total Municipal share of $80,000.
The CAO reviewed the program which requires that Council submit J Class candidate roads to
the Province for consideration (up to ten roads). This is cost shared with the Province.
Councillor Wells questioned if the Brunswick Street Road may have been damaged due to
house construction that took place (heavy equipment use). It was agreed that the recourse
would be to bring this to the attention of the Province.
Councillor Veinotte commented that there are 65 J Class Roads in our municipality which is
approximately 35 km. He voiced his concern that at the rate the province funds roads, it would
be 135 years before these particular roads would be dealt with again using the current strategy
and provincial program. There are roads that are in terrible condition that are very low down
on the current list. He also noted that not all districts have J Class Roads and there is no doubt
that those J Class Roads and other roads require repair as well.
Councillor Connors indicated that she had received phone calls when the Municipality
increased the amount of money in the J Class Roads Program. Those callers questioned why
that money was being spent – “just because something is on sale doesn’t necessarily mean you
have to purchase it.” She recalled former Councillor Barkhouse speaking at an NSFM meeting
advocating for an increase in the J Class Roads budget; she may now be in a position to do
what she requested.
Council (continued) April 14, 2022 157
It was agreed to hold a discussion on the J Class Roads and current program.
2022-149 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council
approve the Cost Shared Program for Paving of Subdivision (J Class) Streets for
fiscal yar 2022/23 and authorize the completion of the agreement with the NS
Department of Public Works for the following roads at an estimated Municipal cost
of $80,000:
Road Name Description KMs Total Cost
Estimate
Municipal
Cost Share
Adams Road From Trunk 3 to North Street,
paving
0.17 $60,000 $30,000
Brunswick
Street
From Union Street to Recent
Street, paving
0.167 $50,000 $25,000
Myra Road From Trunk 3 to end of listing
at CNR Boundary, paving
0.17 $50,000 $25,000
Total 0.51 $160,000 $80,000
ALL IN FAVOUR. MOTION CARRIED.
MATTERS ARISING (continued)
7.3 Referred from April 7, 2022 Committee of the Whole – Budgeted Grants – Chester Art
Centre.
Sue LeBlanc of the Chester Art Centre was present to answer any questions with regard to the
request for funds as a budget line item. She briefly explained their current outreach program,
which is a seniors’ program, free of charge.
Warden Webber commented that Council recognizes the value of the Chester Art Centre and
that it is a strategic priority for the Municipality; however, the current policy/practice is that if
you receive a direct grant budgeted you are then ineligible for other grants from the
Municipality.
There was discussion regarding the policy/practice with regard to other organizations, such as
the daycares. Councillor Veinotte argued that a facility upgrade has nothing to do with
operations and having the two grants tied together did not make sense.
Council (continued) April 14, 2022 158
Councillor Connors commended the Chester Art Centre on their out of the box projects and
programs for families of all ages.
Councillor Veinotte commented that the arts are important and a sector we want to grow,
recognizing in the consultant’s report that it is an important economic sector. In this instance
the organization has outgrown their facility and expanded it to another location. They are
spilling out of their space and using other recreational facilities as well. The services reach old
and young, all over the municipality – and people don’t have to be economically advantaged
as the programs are offered for free.
Councillor Wells asked if Church Memorial Park requires replacement, would they have to lose
their line item grant? He would like to have some discussion on the subject.
It was noted that previously there were major projects approved for Church Memorial Park and
for those projects their budget line item was increased.
It was agreed that Chester Art Centre is valued, but Council needs to be consistent with all
groups.
Warden Webber thanked Ms. LeBlanc for her attendance at the meeting.
NEW BUSINESS
9.1 Information Report – Economic Development Sponsorship – Woodland Conferences
2022 ($250.00).
The Deputy CAO outlined the information contained in the report.
A break was held from 9:55 a.m. to 10:10 a.m.
MATTERS ARISING (continued)
7.4 Continued Budget Discussions.
Present was Tim Topping, Director of Financial & Information Services to review the changes
requested by Council at the April 7, 2022 Committee of the Whole meeting.
Council (continued) April 14, 2022 159
He indicated that page 3 of the new document “Municipality of Chester 2022-23 Draft Budget
– April 14, 2022” summarized the changes as follows:
Speed Radar Units (7) - $70,000 funded by Gas Tax.
Welcome Signs (6) – 30,000 funded by Wind Energy Reserve (Economic Development).
Building Inspection Training Position - $50,000 Operating Budget Contingency funded
by General Operating Reserve.
Art Centre Budgeted Grant - $25,000 funded by Wind Energy Reserve (Economic
Development). Future years to be funded by General Operating Revenue.
EDU Rate changed from $675 to $676.65.
East Chester (District 3) Streetlight Area Rate changed from $0.081 to $0.022 per $100
of assessed value.
Councillor Wells asked about budgeting an amount for Community Trails raised by Councillor
Connors in the amount of $25,000. Councillor Connors referred to similar discussions, noting
there was no harm in adding something to the budget – we have to determine how it will
work.
It was agreed to conduct a workshop on how to handle those requests. It was agreed to add
the $25,000 to the budget.
Councillor Wells asked about the tax rate remaining the same and what that would translate to
from the increase in assessments.
The Director of Financial & Information Services and CAO reviewed the numbers, and it was
noted that not all properties increased by the average of 8%. Those that are capped increase
by about 5.4 %.
Deputy Warden Shatford noted that the flashing beacon for Hubbards is not included in the
new document. This was to have been added to the Capital Budget.
There was discussion on property tax rates, and it was noted that 1 cent on the tax rate equals
$169,000. However, it was also noted that when assessments increase, so do municipal
contributions that we have no control over, i.e., education and policing.
Councillor Wells acknowledge that there is a lot in the budget, and we understand we have an
infrastructure deficit we are trying to renovate, and we have to pay for that. Even though the
rate is not going up, taxes will increase due to increased assessments. As well, costs for
policing and education have increased due to the formula and assessments. The need -
Council (continued) April 14, 2022 160
although Council is not increasing the rate there are reasons not to reduce it – is that there are
projects that need to be done. For example, when assessments go up, rates could go down –
but our costs don’t decrease. He asked if the interest rate increase would make and impact on
borrowing and the Director of Financial & Information Services noted that estimates include
assumptions that the rate would be rising and, once we receive the spring debenture rate, we
can revise estimates going forward.
IN CAMERA
10.1 In Camera as per Section 22(2)(e) - Contract Negotiations – Village of Chester.
10.2 In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of municipal
property.
10.3 In Camera as per Section (22)(2)(?) – Contract Negotiations.
2022-150 MOVED by Councillor Assaff, SECONDED by Councillor Church the meeting
convene “In Camera to discuss:
In Camera as per Section 22(2)(e) - Contract Negotiations – Village of Chester.
In Camera as per Section 22(2)(a) – Acquisition, sale, lease, and security of
municipal property.
In Camera as per Section (22)(2)(?) – Contract Negotiations.
ALL IN FAVOUR. MOTION CARRIED.
Following a meeting held “In Camera” the meeting reconvened with all members present.
2022-151 MOVED by Councillor Assaff, SECONDED by Deputy Warden Shatford that Council
approve the award of Tender T-2022-003 Cell 3B Construction at Kaizer Meadow to
Dexter’s Construction, in the amount of $6,020,661.70 net HST and the
construction support of $147,723.65 net HST to CBCL Ltd. for engineering services.
ALL IN MOTION. CARRIED.
2022-152 MOVED by Councillor Veinotte, SECONDED by Councillor Connors that Council
approve the 2022/23 Operating and Capital Budget as follows:
Capital Budget in the amount of $12,822,752.
Operating Budget in the amount $29,366,009.
Reserve Transfers for both Operating and Capital Budgets as noted in the
2022-23 Draft Budget April 14, 2022 Document.
Set the Residential tax rate at $0.705 per $100 of assessment.
Set the Commercial tax rate at $1.53 per $100 of assessment.
Council (continued) April 14, 2022 161
Set the solid waste rate at $0.1205 per $100 of assessment.
Set the sewer equivalent dwelling unit (EDU) rate at $676.65 per EDU.
Set the streetlight area rates as noted on page 85 of the 2022-23 Draft Budget
April 14, 2022 Document.
Set the Mill Cove Hydrant rate at $0.28 per $100 of assessment.
ALL IN FAVOUR. MOTION CARRIED.
Councillor Veinotte commended staff for a very well done budget, commenting that to those
watching it may seem like there were only a few hours spent on it but there were meetings and
workshops held.
2022-153 MOVED by Councillor Assaff, SECONDED by Councillor Church that Council
approve the Cost Share Agreement 2022-001 with the NS Department of Public
Works at a cost of $731,000 for paved shoulders (widening of Trunk 3) from Trunk
12, Chester Basin to Vaughn Road, Western Shore and authorize staff to execute
the document. ALL IN FAVOUR. MOTION CARRIED.
2022-154 MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council authorize
the Warden and the Clerk to enter into an infrastructure funding agreement with
the Provincial and Federal Governments. ALL IN FAVOUR. MOTION CARRIED.
ADJOURNMENT
2022-155 MOVED by Deputy Warden Shatford, SECONDED by Councillor Church the meeting
adjourn. (11:24 a.m.)
___________________________ ___________________________
Allen Webber Pamela Myra
Warden Municipal Clerk
163
MUNICIPALITY OF THE DISTRICT OF CHESTER
MINUTES OF PUBLIC HEARING
Consideration of Amendments to the Chester Municipal Planning Strategy to Provide Clarity on
the Public Participation Program that is Undertaken Before Holding z Public Hearing Related to
the Adoption or Amendment of Planning Documents. The Amendments also Introduce New
Policies on Engaging with Abutting Municipalities Earlier in the Approval Process to Allow
Meaningful Input and Opportunities for Collaboration
151 King Street, Chester / YouTube, NS
On Tuesday, April 21, 2022 at 8:45 a.m.
MEETING CALLED TO ORDER
Deputy Warden Shatford called the meeting to order at 8:50 a.m.
Present: District 1 — Councillor Veinotte
District 3 — Councillor Wells
District 6 — Councillor Connors
District 2 — Deputy Warden Shatford
District 5 - Councillor Assaff
District 7 — Councillor Church
Staff: Dan McDougall, CAO Pamela Myra, Municipal Clerk
Garth Sturtevant, Senior Planner Jennifer Webber, Communications & Officer
Tara Maguire, Deputy CAO
Chad Haughn, Director of Community Development & Recreation
Solicitor: Samuel Lamey, Municipal Solicitor
Regrets: District 4 — Warden Webber
Deputy Warden Shatford outlined the requirement for the public hearing.
COMMENTS BY MUNICIPAL SOLICITOR
The Solicitor indicated the matter was properly before Council.
OVERVIEW BY PLANNER
Garth Sturtevant, Senior Planner reviewed the information included in the Planning Matters Report
prepared March 18, 2022 — MPS Amendments in Response to Bill 58 — Minimum Planning Requirements
as follows:
Council — Public Hearing
April 21, 2022 164
Effective December 3, 2019, Provincial Bill 58 includes amendments to the Municipal Government Act
and introduces minimum planning requirements for all Municipal Units. Any required amendments
must be in place within three years of the effective date, being December 3, 2022.
Staff reviewed the contents of the Bill and confirm that most changes will not impact the current
planning framework in the Municipality. However, one new area requires specific policies on how the
Municipality will engage on planning decisions with abutting municipalities.
Bill 58 requires that a Municipality engage abutting municipalities earlier in the planning process, prior
to 1st notice of a Public Hearing being advertised. This is in addition to the standard public participation
program carried out for each planning file.
At a jointly held meeting of the Municipal Planning Advisory Committee and Village Planning Advisory
Committee on March 16, 2022, staff presented the proposed amendments to the Municipal Planning
Strategy. As these amendments will impact all planning files in the Municipality, it was felt that a joint
meeting of the two groups would be the most efficient method of reviewing the amendments.
Following brief discussion and questions, the group passed the following motion:
MOVED by Syd Dumaresq, SECONDED by Ross Shatford to recommend that Council approve
the draft MPS amendments with the following change: clarify at Policy A-6 that the trigger for
sending out early notice to abutting Municipal units is when there is a direction to staff from
Council. All in FAVOUR. MOTION CARRIED.
The motion recommends a minor change to the draft amendments. The change would specify that the
early notice, required in Policy A-6, must be sent at the time Council first directs staff to prepare a
report for consideration. Without this change, the policy was less specific and stated that the early
notice must be sent prior to the first advertisement of the Public Hearing. The recommended change
proposed by the Planning Advisory Committees would remove any uncertainty in when early notice is
sent. This would also provide the maximum amount of time for an abutting Municipality to submit
comments back to the Municipality.
PRESENTATION BY DEVELOPER
There is no developer in this case.
COMMENTS BY THE PUBLIC ON THE PROPOSAL
No comments received from the public.
CLOSING REMARKS
Council - Public Hearing
April 21, 2022 165
Deputy Warden Shatford asked Council if they wished to make a decision.
DECISION OF COUNCIL/DEFERMENT OF DECISION
2022-156 MOVED by Councillor Wells, SECONDED by Councillor Assaff that Council approve the
amendment to the Municipal Planning Strategy as outlined in Appendix A (attached) of the
Planning Matters Report prepared March 18, 2022 - "MPS Amendments in Response to Bill
58 - Minimum Planning Requirements" to outline the procedure for early engagement with
abutting municipalities relating to the amendment of or preparation of planning
documents. ALL IN FAVOUR. MOTION CARRIED.
ADJOURNMENT
2022-157 MOVED by Councillor Church, SECONDED by Councillor Assaff the Public Hearing adjourn.
ALL IN FAVOUR. MOTION CARRIED. (8:55 a.m.)
Floyd Shatford
Deputy Warden
Pamela M. Myra
Municipal Clerk
Council — Public Hearing
April 21, 2022 166
APPENDIX A
Policy Amendments to Section 9 of the Municipal Planning Strategy. The following will be added beginning at 9.1
as follows:
i
i
Policy A-1
All public participation process relating to the creation, review
or amendments of planning documents shall follow the
Municipality's public participation program as outlined in this
Municipal Planning Strategy and shall meet or exceed the
requirements of the Municipal Government Act.
Policy A-2
The public participation program shall focus on the following
principles:
a) Providing clear information
b) Using a variety of formats
c) Giving timely notice
d) Gathering meaningful feedback
Policy A-3: Public Participation Program
As required by the Municipal Government Act, a Public
Participation Program (A-3) shall be completed before first
notice of a Public Hearing is advertised. The minimum required
Public Participation Program shall be as follows:
a) Council provides direction to staff to:
i) Prepare a draft Development Agreement; Or
ii) Prepare amendments to a Municipal Planning
Strategy, Secondary Planning Strategy, Land Use
By-law or Subdivision By-law; Or
iii) Conduct a review of, or prepare a new Municipal
Planning Strategy, Secondary Planning Strategy,
Land Use By-law or Subdivision By-law.
b) Public Information Meeting advertised in local newspaper,
on the Municipal Website, via Municipal Alerts, posted to
the Municipal Office doors and may be posted to
Municipal Social Media sites. This meeting is open to the
public and advertised at least 5 days prior to the date of
the meeting.
Council — Public Hearing
April 21, 2022 167
c) Planning Advisory Committee Meeting held. This meeting
shall be advertised in a local newspaper, on the Municipal
Website, via Municipal Alerts, posted to the Municipal
Office doors and may be posted to Municipal Social
Media sites. This meeting is open to the public and
advertised at least 5 days prior to the date of the meeting.
Policy A-4: Public Hearing
a) Following the completion of the Public Participation
Program (Policy A-3), Council may give first reading and
set a date for a Public Hearing. First Reading shall occur
at a regular Council meeting that is open to the public.
b) Council shall hold a Public Hearing in compliance with
the Municipal Government Act, including notification
sent to neighbouring Municipalities and Villages to
advise of the date and time of the Public Hearing.
Policy A-5: Approval
a) Following the Public Hearing (A-4), Council may vote to
give second reading to approve the documents.
Policy A-6: Early Notice for Abutting Municipalities
In addition to the notice of a Public Hearing, early notification
for abutting Municipalities is required at the time Municipal
Council provides direction to staff prior to advertising a Public
Hearing. This early notice is required in the following
circumstances:
a) Council provides direction authorizing:
i) The creation or review of a Municipal Planning
Strategy or Secondary Planning Strategy; Or
ii) The creation or review of a Municipal Subdivision
By-law; Or
iii) The preparation of a Draft Development
Agreement for a site in a community (GSA) within
500m of a border with the abutting Municipality;
Or
iv) Preparation of Amendments to a Municipal
Planning Strategy, Secondary Planning Strategy or
Council — Public Hearing
April 21, 2022 168
Land Use By-law, where the amendment impacts a
specific property in a community (GSA) within
500m of a border with the abutting Municipality.
b) Subject to A-6 a), an abutting Municipality means, for the
General Service Areas of:
i) Beech Hill, Blandford, Chester Islands, Forties,
Franey Corner, Gold River, Martins Point and
Martins River, the Municipality of the District of
Lunenburg.
ii) Aldersville, Forties, Franey Corner, Fraxville and Mill
Road, the Municipality of the County of Kings.
iii) New Russell, Mill Road and Sherwood, the West
Hants Regional Municipality.
iv) East River, Fox Point, Hubbards, Sherwood and
Simms Settlement, the Halifax Regional
Municipality.
c) In the cases outlined in A-6 a) above, notice will be sent by
regular mail or electronic means to the Clerk of the
relevant abutting Municipalities. This notice will provide a
general summary of the proposed work and provide an
opportunity for the abutting Municipality to submit
comments on the proposal.
d) Any comments received from an abutting Municipality
shall be considered at a Council meeting or at the relevant
Planning Advisory Committee meeting, but in all cases
shall be considered prior to Council giving First Reading.
e) The notification and opportunity to submit comments
prior to the date of first reading shall be deemed as
having solicited comments, regardless of whether a
written response is received. In no case shall the lack of
response from an abutting Municipality or Village require
a delay or postponement in giving first reading.
MOTIONS REQUIRING APPROVAL OF COUNCIL FROM
COMMITTEE OF THE WHOLE – APRIL 21, 2022
2022-158 Approval of April 21, 2022 Agenda/Order of Business
2022-159 Approval of April 7, 2022 Committee of the Whole Minutes
2022-160 LIGHT MUNICIPAL BUILDING PURPLE RE: FIBROMYALGIA
MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of the
Whole recommend to Council to direct staff to obtain purple lighting if possible and light the
Municipal Building in purple lighting on May 12 in recognition of the 5% of Canadians living
fibromyalgia. ALL IN FAVOUR. MOTION CARRIED.
2022-161 CANCEL MAY 5, 2022 COMMITTEE OF THE WHOLE MEETING
MOVED by Councillor Veinotte, SECONDED by Councillor Assaff that the Committee of
the Whole recommend to Council to cancel the May 5, 2022 Committee of the Whole
Meeting as some members of Council will be attending a conference. ALL IN FAVOUR.
MOTION CARRIED.
2022-162 ADJOURNMENT
National Volunteer Week April 24-30, 2022
“Volunteering is Empathy in Action”
Barbara (Barb) Zwicker
Nominated by: Lighthouse Food Bank
Barb has been a volunteer at the Lighthouse Food Bank for the last 8 years. Barb is loyal,
hardworking, reliable, and up to any task. She is a great person overall! Over the last 8 years,
Barb has coordinated our Christmas Hamper program.
Due to Barb’s leadership, this program provided 98 Christmas Hampers to families in need in
2021. She procured all the groceries, managed several other volunteers with packing and sorting
and led everyone on distribution day. Distribution day went off without a hitch and all our clients
were very impressed and thankful. Barb is also a board member and works monthly to help those
in need.
Barb’s volunteerism has directly helped those in need in our community. The Food Banks’s
catchment area includes all the Municipality of Chester, as well as the Tancook Islands – so one
can see the impact of Barb’s dedication and desire to help others with her time and abilities.
Barb is the Municipality of Chester Provincial Volunteer Representative for 2022. She
will be attending the Provincial Volunteer Awards Ceremony in Halifax this September.
Nateleen Zinck
Nominated by: Starfish Reunite
Nateleen is co-chair for the Starfish Reunite Project that is bringing the remaining members of
the Alouch Family to Canada. As co-chair, Nateleen spends countless hours organizing all the
events that the Committee puts together to support the cause. Nateleen is a strong leader that
never hesitates to do whatever is needed to support everyone.
Nateleen also supports the members of the family that are in Canada. She tutors the children,
gives economic guidance to all the family members, provides emotional support and
guidance. She is also in contact with the family members in Turkey to help with the complicated
application process.
Nateleen has been integral in the transition of the Alouch Family to Canada. She is involved in all
aspects of the family becoming an important citizen in the Municipality of Chester. With her
guidance, the Alouch Family members can be seen at the local farm markets, soccer fields,
churches, community events, etc. The Alouch Family are becoming valuable community
members.
Rick Parker
Nominated by: Hubbards Area Lions Club
Rick’s attributes include being an executive member of the Hubbards Area Lions Club where he
spends many hours serving his community in addition to his work at IBM, where he is also busy
with volunteer work.
These endeavors include mentoring students at three Provincial High Schools through the
Provincial P-Tech Program: Pathways in technology known locally as TAP (Technology Advantage
Program) allowing disadvantaged students access to higher learning. He’s also involved with the
United Way Days of Caring including such past programs as Veith House, Margarite Centre &
Urban Farm. Rick also works with IBM’s employee engagement committee. Past programs have
included introducing therapy dogs for IBM employees and coordinating employee events.
“If you want to touch the past, touch a rock. If you want to touch the present, touch a flower. If
you want to touch the future, touch a life.” – AUTHOR UNKNOWN. Rick continues to touch the
lives of so many in his own community of Hubbards and beyond. His dedication and support to
the Lions Club has been outstanding, affecting many people from all walks of life. We love you
Rick and are so proud of you.
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: April 28, 2022
DEPARTMENT: Corporate & Strategic Management
SUBJECT: Expense Policy
ORIGIN: Municipal Government Act Amendments
Date: April 19, 2022 Prepared by: Jonathan Meakin, Strategic Initiatives Coordinator
Date: April 19, 2022 Reviewed by: Tara Maguire, Deputy CAO
Date: April 19, 2022 Authorized by:
RECOMMENDED MOTION
That Council give Notice of Intention to ADOPT the draft P-95: Expense Policy as a presented and to
REPEAL P-55: Personnel Policy, Section 6 – Travel Expense & Meal Allowance and P-22: Petty Cash Fund
Policy. Further it is recommended that Council set the per diem rates by motion.
CURRENT SITUATION
This report introduces a draft Expense Policy that contains content required by Municipal Government
Act (MGA) amendments and by the Financial Reporting and Accounting Manual (FRAM) Regulations.
This draft also contains content derived from the AMANS expense policy template, from a jurisdictional
scan of expense policies of other Nova Scotian municipalities, and from a legal review completed by
the Municipal Solicitor.
BACKGROUND
Amendments to the MGA contained in Bill 10 (of Assembly 63, Session 1 of the Nova Scotia Legislature)
originally outlined requirements for the adoption of an Expense Policy, a Hospitality Policy, and a Code
of Conduct.
The status of the other legislated requirements is as follows:
Council adopted P-100: Hospitality Policy on May 7, 2020. This policy was reviewed and re-
adopted as required by the MGA (Section 23(7)) on January 28, 2021.
The original Code of Conduct requirement was not proclaimed by the province and was
deferred for further consultation. On March 24, 2021 the province announced that
municipalities will have to adopt a code of conduct for municipal councils.
The Bill 10 amendments to the MGA became law on October 26, 2017 and originate from the mandate
of the Joint Municipal Accountability and Transparency Committee (JMAT) to strengthen local
government expense policies and improve transparency concerning the expenses of local government
staff and elected officials.
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Regulations were developed, and all sections subsequently proclaimed, on January 15, 2019, with
further amendments in December 2019. The regulations contained in the FRAM (updated October
2021) outline the minimum content for expense policies and associated reporting.
The draft P-95 Expense Policy was developed in the Municipality of Chester’s policy format with
consideration of the following:
An expense policy template produced by the Association of Municipal Administrators Nova
Scotia (AMANS), which had been reviewed by the Department of Municipal Affairs & Housing to
ensure compliance with provincial regulations.
Expense policies of the Town of Amherst, Municipality of the County of Cumberland,
Municipality of the County of Inverness, Municipality of the County of Kings, Regional
Municipality of West Hants, and Town of Yarmouth.
The Municipality of Chester’s related polices and sections of polices to ensure alignment with
legislative direction on expenses and to identify policy implications in terms of amendment or
repeal.
Legal review completed by the Municipal Solicitor.
DISCUSSION
There are two sections of commentary below for Council’s review: specific points that Council may
wish to discuss further, followed by a side-by-side comparison of legal requirements and associated
regulations and how they are captured in the policy draft.
Specific Points to Note for Possible Discussion
1. Travel Advances – see Section 3:07(a)iii
Staff note that we have provided advances in the past, but not very often. The provision for not
less than $150 for an advance is an established practice since that is the threshold used in P-55:
Personnel Policy – Section 6, Travel and Meal Allowance.
2. Meals – see Section 3:06(a)vii, Section 3:09, and Section 5.03(b)ii
Current policy appears to accommodate both per diem rates and itemized receipts for meals
purchased. This is set by P-55: Personnel Policy – Section 6, Travel and Meal Allowance that
states claims for meals must include detailed, itemized receipts (6.4.4) and “claims for per diem
meal allowances” do not require receipts (6.4.8). In practice, there is no per diem rate set. The
proposed P-95: Expense Policy includes a provision that Council establish per diem rates by
Motion, thus estabishing per diem rates that can be used in lieu of itemized receipts. A Motion
to establish per diem rates should be introduced once P-95: Expense Policy has been adopted.
In determining per diem rates for its Motion, Council may want to consider reconsider the per
diem rates included in the draft policy in relation to rates defined by other municipal units and
the province for comparison:
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Municipality Breakfast / Lunch / Supper
Town of Amherst $12 / $17 / $26
Municipality of the County of Cumberland $20 / $20 / $35
Municipality of the County of Kings $20 / $20 / $33
Municipality of the District of Lunenburg $15 / $15 / $25
West Hants Regional Municipality $17 / $20 / $30
Town of Yarmouth $10 / $18 / $35
Government of Nova Scotia $8 / $15 / $20
3. Fraud, Misuse or Misappropriation of Municipal Funds -- Section 3.12
As noted below, FRAM stipulates the required policy content:
o Include a clause that any fraudulent irregularity, misuse or misappropriation of
municipal funds, may include, without limitations, disciplinary action, not excluding
termination; and
o Include a clause referring to the municipality or village’s documented policy or process
relating to the reporting suspicious activity and potential misuse of funds. (see Sections
3(3)(b)iii(r)-(s) of FRAM)
In the absence of any formal and documented policy or process for this function, the draft
section in this policy states that suspicions must be reported to the CAO or, in the case of the
CAO, to the Warden. P-55: Personnel Policy, Section 32 – Code of Ethics touches on this area, at
least as core principles. This policy is referenced in Section 6: References & Related Statements
of Policy.
4. Reasons for Recommended Repeal of P-22: Petty Cash Fund Policy
P-22: Petty Cash Fund Policy states that “The fund is to be used only for Municipal expenses”
(Clause 2), which, at the very least, requires clarification given the focus of the new P-95:
Expense Policy.
P-22: Petty Cash Fund Policy states “Travel expenses, with the exception of the reimbursing
employees for taxi fare, are not to be paid of Petty Cash” (clause 5). Section 5:03(b) of the draft
P-95: Expense Policy states that a receipt is required (and thus subject to the reimbursement
procedure that the Petty Cash Fund Policy does not capture) except for (i) claims for per diem
meal allowances; (ii) incidental expenses, such as tolls and parking; and (iii) claims for personal
vehicle kilometrage for authorized travel.
5. Reasons for Recommended Repeal of P-55: Personnel Policy, Section 6 – Travel Expense & Meal
Allowance
Content of P-55: Section 6, which provides direction on expense reimbursements for
R e q u e s t f o r D e c i s i o n P a g e | 4
employees, is now documented in, or contradicts direction of, P-95, which covers
Municipal employees as well as all reportable individuals.
Legal Requirements and Regulations as Captured in P-95: Expense Policy
The following table is a summary of how content for an expense policy as required by the MGA
amendments and FRAM regulations is addressed in the draft P-95: Expense Policy. As a reminder:
Municipal Government Act Amendments concerning the expense policies establishes that
each municipality must have an expense policy that contains specific provisions, as identified in
the table below.
Financial Reporting and Accounting Manual Regulations (FRAM) outlines the regulations
referenced in the MGA sections that define the minimum requirements a municipality’s
expense policy must contain. The excerpts from the FRAM contained in the table below are
from Section 3(3)(b) Expense Policy (pages 15-17).
MGA Requirements
Corresponding sections in
Expense Policy
Each municipality shall adopt an expense
policy and a hospitality policy. MGA 23(3)
An expense policy must … prohibit the
municipality from reimbursing expense
claims for alcohol purchases by an individual.
MGA 23(4)(a)
Section 3.06(a)viii; Section 3.09(c)
An expense policy must … identify the
persons who have signing authority to
authorize the reimbursement of an expense.
MGA 23(4)(b)
Section 3.01
An expense policy must … where applicable,
set out rules respecting the use of corporate
credit cards. MGA 23(4)(c)
Section 3.08
An expense policy must … apply to every
reportable individual in the municipality.
MGA 23(4)(d)
Sections 1.01; 3.03; 4.01; and throughout in
the policy statements about categories of
eligible expenses
An expense policy must … comply with the
regulations. MGA 23(4)(e)
See FRAM Regulations section below
An expense may only be reimbursed if that
expense is authorized pursuant to the
expense policy. MGA 23(6)
Throughout, but notably matters of signing
authority, in/eligible expenses, procedures
for authorization, claims submission, etc. that
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define transparent, consistent, and
reportable policy statements and procedures
By the January 31 immediately following a
regular election held under the Municipal
Elections Act, the council shall review the
expense and hospitality policies and,
following a motion by the council, either re-
adopt the policies or amend one or both of
the policies and adopt the policies as
amended. MGA 23(7)
Section 5.06(b)
A municipality shall prepare an expense
report for each reportable individual within
90 days of the end of each fiscal quarter.
MGA 65D(1)
Section 5.05(a)(i)
An expense report must … be posted on a
publicly available website for the
municipality MGA 65D(2)(a)
Section 5.05(a)(i)
An expense report must … comply with the
regulations MGA 65D(2)(b)
See FRAM Regulations section below
A municipality shall prepare an annual
summary report that complies with any
requirements prescribed by the Minister.
MGA 65D(5)
Section 5.05(a)(ii)
A municipality shall file the annual summary
report with the Minister by September 30th
of each year. MGA 65D(6)
Section 5.05(a)(ii)
FRAM Regulations Corresponding sections in
Expense Policy
The expense policy … must provide provisions
and guidelines for expenditures incurred by
council members and employees for which
reimbursement was provided by a
municipality for conducting municipal
business. Included in the definition of
employee reimbursement is employee
advances. An employee advance is an
authorized amount that may be claimed in
lieu of actual expenditures for a specific item.
FRAM 3(3)(b)i – Definition
Throughout policy statements & procedures
Section 3.07 – Advances
R e q u e s t f o r D e c i s i o n P a g e | 6
As required by Section 23(7) of the Municipal
Government Act, each municipality must
adopt a written expense policy. By the
January 31st immediately following a regular
election council shall review the expense
policy; either re-adopt or adopt an amended
policy. FRAM 3(3)(b)ii – Requirement for a
Policy
Section 5.06(b)
Expense policies must … apply to all
employees in the municipality or village, as
well as apply to every reportable individual.
FRAM 3(3)(b)iii(a)
Sections 1.01; 3.03; 4.01; and throughout in
the policy statements about categories of
eligible expenses
FRAM notes: “For the purposes of a
reportable municipal expense, reportable
individual refers to an individual who holds
one of the following positions: For
municipalities – mayor or warden, councillor
or chief administration [sic] officer, including
an employee of [the] municipality delegated
any of the responsibilities or powers of the
chief administrative officer pursuant to MGA
clause 29(b)
Expense policies must … outline individual
responsibility. FRAM 3(3)(b)iii(b)
Section 3.02
Expense policies must … establish the
expenditures that may be eligible for
reimbursement, including any restrictions.
FRAM 3(3)(b)iii(c)
Section 3.03 – Permitted Expenses
Section 3.04(a)(b)(c)(d) – Authorized Travel
Section 3.05 – Training & Education
Section 3.06 – Limits on Reimbursement of
Expenses
Section 3.09 – Meals
Section 3.10 – Kilometrage
Section 3.11 – Vehicle Rentals
Expense policies must … prohibit the
municipality from reimbursing expense
claims for alcohol purchases by an individual.
FRAM 3(3)(b)iii(d)
Section 3.06(a)viii; Section 3.09(c)
Expense policies must … prohibit the
municipality from reimbursing travel
expenses for individuals who are not a
reportable individual or an employee of the
municipality. FRAM 3(3)(b)iii(e)
Section 3.06(a)xii
R e q u e s t f o r D e c i s i o n P a g e | 7
Expense policies must … identify any
preapproval process (i.e. out-of-province
travel). FRAM 3(3)(b)iii(f)
Section 5.01 – Approval of Out-of-Province
Travel Requests
Section 5.02 – Approval of Training and
Continuing Education Requests
Expense policies must … identify the persons
who have signing authority to authorize the
reimbursement of an expense.
FRAM 3(3)(b)iii(g)
Section 3.01
Expense policies must … prohibit a person
from authorizing his/her own expense claim.
FRAM 3(3)(b)iii(h)
Section 3.01(c)
Expense policies must … include a clause that
employees will only be reimbursed for costs
they have incurred (for example prohibits
claiming per diem for meals provided at
meetings/conferences and/or when group
meals are covered by one individual).
FRAM 3(3)(b)iii(i)
Section 3.06(a)i
Section 3.06(a)vii
Expense policies must … set out rules
respecting the use of employee advances
including repayment terms. FRAM 3(3)(b)iii(j)
Section 3.07 – Advances
Expense policies must … where applicable,
set out rules respecting the use of corporate
credit cards which include but not limit to:
i. prohibit the use of travel advances if
individual has a corporate credit card;
ii. prohibit the use of corporate credit
cards for cash advances and personal
expenses;
iii. prohibit reimbursement for interest
incurred on a corporate credit card.
FRAM 3(3)(b)iii(k)
Section 3.08
Section 3.07(a)vi
Section 3.08(b)
Section 3.06(a)ix
Expense policies must … require claimants to
submit [a] business reason for expense along
with detailed/itemized receipts to support
expenditures. Any exceptions where detailed
receipts are not required, should be outlined
Section 5.03(b)
Section 5.03(c)
R e q u e s t f o r D e c i s i o n P a g e | 8
in the policy (for example, per diem meals).
FRAM 3(3)(b)iii(l)
Expense policies must … prohibit expenses
being submitted on behalf of others. FRAM
3(3)(b)iii(m)
Section 5.03(d)
Expense policies must … require all travel
related expenses to be reported on an
expense claim and prohibit the use of petty
cash for travel and professional development
reimbursement. FRAM 3(3)(b)iii(n)
Section 5.03(a)
Section 5.03(g)
Expense policies must … where applicable,
include mileage and per diem rates in policy.
FRAM 3(3)(b)iii(o)
Section 3.09 – Meals
Section 3.10(a) – Kilometrage
Expense policies must … where applicable,
set out rules respecting claiming mileage.
FRAM 3(3)(b)iii(p)
Section 3.10– Kilometrage
Expense policies must … require submission
of expense within pre-determined
timeframe. FRAM 3(3)(b)iii(q)
Section 5.04
Expense policies must … include a clause that
any fraudulent irregularity, misuse or
misappropriation of municipal funds, may
include, without limitations, disciplinary
action, not excluding termination.
FRAM 3(3)(b)iii(r)
Section 3.12(a)
Expense policies must … include a clause
referring to the municipality or village’s
documented policy or process relating to the
reporting suspicious activity and potential
misuse of funds. FRAM 3(3)(b)iii(s)
Section 3.12(b)
As required by Section [65D] of the Municipal
Government Act, each municipality must:
(a) Prepare and post an expense report for
each reportable individual within 90 days of
the end of each fiscal quarter on their
reportable reimbursements.
Section 5.05(a)(i)
R e q u e s t f o r D e c i s i o n P a g e | 9
(b)Post the quarterly expense reports on a
publicly available website.
(c)Prepare an annual summary report to be
filed with the Minister by September30th of
each year.
(d)Ensure the annual a summary report
complies with Section 4(4)(b)(i).
FRAM 3(3)(b)iv – Reporting Requirements
Section 5.05(a)(i)
Section 5.05(a)(ii)
NOTE: Section 4(4)(b)(i) of FRAM:
Summary of Remuneration and Expenses for
Reportable Individuals Schedule.
A municipality must include a summary of
remuneration and expenses for elected
officials and CAO/Clerk note in their Financial
Information Return. A village must include
Summary of Remuneration and Expenses for
Village Commission and Clerk in the Financial
Information Return. The schedule must
contain by reportable individual a summary
of their:
a. Remuneration;
b. Travel and travel-related expenses, which
would include accommodation, incidental
and transportation;
c. Meals expenses;
d. Professional development and training
expenses; and
e. Total expenses reimbursed.
A municipality and village must include
Remuneration and Expenses for Elected
Officials and CAO/Clerk Schedule in the
Audited Financial Statements’ notes. See
4(1)(b)(ii)(a) for specific note/schedule
requirements.
FRAM 3(3)(b)v – Financial Statement
Presentation
(a) Annually the municipality or village’s Audit
Committee must review the annual summary
of Remuneration and Expenses for
Reportable Individuals.
(b) It is recommended, at a minimum, a
municipality or village conduct a special
purpose engagement on internal controls, at
least once, within a four-year. [sic]
FRAM 3(3)(b)vi – Additional Audit and Review
Requirements
Section 5.06(a)
R e q u e s t f o r D e c i s i o n P a g e | 10
OPTIONS
Council may choose to:
1. Refer the proposed P-95: Expense Policy to First Notice with the intention to adopt the policy
and to repeal P-55: Personnel Policy, Section 6 – Travel Expense & Meal Allowance and P-22:
Petty Cash Fund Policy.
2. Refer the proposed P-95: Expense Policy, with amendments, to First Notice with the intention
to adopt the policy and to repeal P-55: Personnel Policy, Section 6 – Travel Expense & Meal
Allowance and P-22: Petty Cash Fund Policy.
3. Request further clarification and/or significant amendments and refer to staff for review as per
direction.
IMPLICATIONS
By-Law/Policy
P-09: Remuneration of Warden, Deputy Warden, and Councillors Policy – Section E
P-55: Personnel Policy, Section 7 – Training and Professional Development
P-58: Remuneration of Appointed Committee Members
And recommended to be repealed:
P-55: Personnel Policy, Section 6 – Travel Expense & Meal Allowance
P-22: Petty Cash Fund Policy
Financial/budgetary
N/A
Environmental
N/A
Strategic Priorities
The adoption of the P-95 Expense Policy will assist the Municipality in advancing the following Priority
Priority Outcomes: Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated and accessible.
2. Ensure municipal bylaw and policy frameworks reflect current and changing needs.
Work Program Implications
N/A
Has Legal review been completed? X Yes _ _ No __ N/A
R e q u e s t f o r D e c i s i o n P a g e | 11
COMMUNICATIONS (INTERNAL/EXTERNAL)
Staff will need to undertake internal communications to assist staff and elected officials in
understanding obligations and procedures required for P-95: Expense Policy and P-100: Hospitality
Policy.
ATTACHMENTS
Draft P-95: Expense Policy
P-55: Personnel Policy, Section 6 – Travel Expense & Meal Allowance
P-22: Petty Cash Fund Policy
Expense Policy P-95
Notice of Intention to Adopt –
First Notice – Council:
Second Notice – Council:
Effective Date:
Page 2 of 15
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P-95
EXPENSE POLICY
1 PURPOSE
1.01 The Expense Policy ensures the appropriate use of Municipal funds through routine
disclosure of information concerning eligible expenses incurred by reportable
individuals (the Warden, Deputy Warden, Councillors, and the Chief Administrative
Officer (CAO)), as well as Committee members and Municipal employees. Through
uniform standards and consistent procedures for reimbursement, the Municipality of
the District of Chester seeks to enhance public confidence in the oversight of eligible
travel, accommodation, meals, and training & continuing education expenses incurred
by Council, the CAO, employees of the Municipality, and Committee members while
conducting Municipal business.
1.02 Authority for the Expense Reimbursement Policy is derived from Section 23(3), (4), (6),
and (7) and 65D(1), (2), (5), and (6) of the Municipal Government Act. Section 23(3)
directs the adoption of an expense policy; Section 23(4) states the minimum
requirements for such a policy; Section 23(6) stipulates an expense may only be
reimbursed if authorized by an expense policy; Section 23(7) states that the expense
policy be reviewed and adopted following each regular election; and Section 65D
outlines requirements for expense reporting.
2 PRINCIPLES
2.01 The principles informing and underlying this Policy are as follows:
(a) Accountability
The Municipality is accountable for public funds used for travel, accommodation,
meals, and training and continuing education expenses.
(b) Transparency
The Municipality is transparent to all of its residents, businesses, and community
organizations. The procedures for incurring and reimbursing travel,
accommodation, meals, and training and education expenses are clear, easily
understood, and available to the public.
(c) Value for Money
The Municipality undertakes plans for travel, accommodation, meals, and training
Expense Policy P-95
Notice of Intention to Adopt –
First Notice – Council:
Second Notice – Council:
Effective Date:
Page 3 of 15
and education that are necessary and economical with due regard for health and
safety.
(d) Fairness
The Municipality reimburses legitimate authorized expenses incurred during the
course of business conducted by the Municipality.
3. POLICY
3.01 Signing Authorities
(a) The following are the Signing Authorities responsible for administering this policy
with respect to the individuals in the identified positions.
Position Signing Authority
Warden or Deputy Warden CAO or Designate
Councillor Warden or Designate
CAO Warden or Designate
Employees of the Municipality Immediate Supervisor or CAO
Committee Members CAO or Designate
(b) A Signing Authority may designate a second Signing Authority. The designation of
a secondary Signing Authority shall be in writing and shall state the name and
position of the designate.
(c) All Signing Authorities are prohibited from authorizing their own expenses.
(d) Where applicable, the person who requests a reportable individual to attend a
certain function or meeting and therefore incur eligible expenses should also be the
Signing Authority for that reportable individual to ensure consistent of process.
3.02 Individual Responsibilities
(a) Everyone who incurs expenses in relation to Municipal business is responsible for:
i. understanding and complying with the provisions of this policy;
ii. completing and submitting expense claims with necessary supporting
documentation;
iii. exercising reasonable diligence and care in incurring expenses prudently and
responsibly; and
iv. timely cancelation of travel reservations as required, safeguarding travel
advances and funds provided, and considering alternatives to travel such as
teleconferencing and videoconferencing.
Expense Policy P-95
Notice of Intention to Adopt –
First Notice – Council:
Second Notice – Council:
Effective Date:
Page 4 of 15
3.03 Permitted Expenses
(a) Subject to and in accordance with this policy, the following expenses incurred by
Council, the CAO, employees of the Municipality, and Committee members are
eligible for reimbursement:
i. authorized travel, including transportation, parking, accommodation and
meal costs;
ii. pre-approved out-of-province travel, including transportation, parking,
accommodation and meal costs; and
iii. approved training or continuing education costs.
3.04 Authorized Travel
(a) All members of Council shall be reimbursed for the reasonable expenses incurred
for attending:
i. Council and Committee of Council meetings;
ii. functions, meetings, or conferences at which their attendance is authorized
or requested by Council or is part Municipal business;
iii. meetings of any Board, Commission, Committee, or other organization to
which they have been appointed by Council, with the exception that no
reimbursement shall be provided by the Municipality if the reimbursement of
expenses is available directly from the applicable host organization;
iv. in the case of the Warden and Deputy Warden or Designate, functions,
meetings, or conferences to which one or more representatives of the
Municipality have been invited or requested or would otherwise reasonably
be expected to attend, unless Council has specifically directed the Warden
or Deputy Warden not to attend;
v. in the case of a Councillor, and on behalf of the Municipality, functions,
meetings, or conferences identified in 3.04(a)iv above provided that such
attendance is either:
1. at the request of Council to attend in lieu of the Warden or Deputy-
Warden; or
2. at the request of Council to attend as a Councillor for a district that
has a special interest in, or connection with, the subject of the
meeting or conference or because of special knowledge and
experience of the Councillor that relates to subject of the meeting
or conference; and
vi. training or continuing education events in accordance with the provisions of
this policy concerning training and continuing education.
Expense Policy P-95
Notice of Intention to Adopt –
First Notice – Council:
Second Notice – Council:
Effective Date:
Page 5 of 15
(b) The CAO, or an employee of the Municipality delegated any of the responsibilities
or powers of the CAO pursuant to subsection 29(b) of the Municipal Government
Act, shall be reimbursed for reasonable expenses incurred in attending:
i. any Council or Committee of Council meeting;
ii. meetings or conferences at which the CAO’s attendance is authorized or is
requested by Council;
iii. a meeting of any Board, Commission, Committee, or other organization to
which the CAO has been appointed by Council, with the exception that no
reimbursement shall be provided by the Municipality if the CAO is entitled to
reimbursement of expenses directly from the applicable organization;
iv. functions, meetings, or conferences to which one or more representatives
of the Municipality have been invited or requested or would otherwise
reasonably be expected to attend, unless Council has specifically directed
the CAO not to attend; and
v. training or continuing education events in accordance with the provisions of
this policy concerning training and continuing education.
(c) Employees of the Municipality shall be reimbursed for reasonable expenses
incurred in attending:
i. functions, meetings, or conferences necessary for carrying out duties and
responsibilities associated with their employment and/or as authorized or
requested by their Immediate Supervisor or the CAO or Designate;
ii. meetings of any Board, Commission, Committee, or other organization to
which they have been appointed by Council or the CAO, with the exception
that no reimbursement shall be provided by the Municipality if the
reimbursement of expenses is available directly from the applicable host
organization;
iii. functions, meetings, or conferences to which one or more representatives
of the Municipality have been invited or requested or would otherwise
reasonably be expected to attend, unless their Immediate Supervisor or the
CAO or designate has specifically directed them not to attend; and
iv. training or continuing education events in accordance with the provisions of
this policy concerning training and continuing education.
(d) Committee members of the Municipality shall be reimbursed for reasonable
expenses incurred in attending:
i. meetings of the Committee to which they have been appointed by Council
or the CAO; and
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ii. functions, meetings or conferences at which attendance is authorized or
requested by the CAO or Designate, with the exception that no
reimbursement shall be provided by the Municipality if the reimbursement of
expenses is available directly from the applicable host organization.
3.05 Training and Continuing Education
(a) Council members, the CAO, or employees of the Municipality may apply in
advance (see Section 5.02 for procedure) for approval to incur expenses out of an
established training and continuing education expense budget provided that:
i. the training or education course, meeting, or conference is related to
professional development objectives in municipal governance, business, or
administration;
ii. in the case of a Council member, the training or education course, meeting,
or conference is completed prior to the next municipal election date; and
iii. the Claimant reimburses the Municipality for enrollment fees in the event of
failure to attend all or some of the training or education course, meeting, or
conference without reasonable justification.
(b) If the applicable Signing Authority approves an application to incur expenses in
relation to training or continuing education, and the Claimant (not the Municipality)
pays all or some of the pre-approved expenses, the Claimant shall be eligible for
reimbursement of those expenses after submitting an expense claim in accordance
with this policy.
3.06 Limits on Reimbursement of Expenses
(a) Notwithstanding any other provision of this Policy, the following limits shall apply to
the reimbursement of expenses:
i. a Claimant shall be reimbursed only for costs the Claimant has incurred;
ii. the expenses of a Council member for political activity associated with
election or re-election shall not be reimbursed;
iii. air travel must be booked at the most cost-effective rate available in order
to be eligible for reimbursement;
iv. reasonable costs for luggage, airport improvement or similar fees shall be
reimbursed at actual costs;
v. hotel accommodations shall be reimbursed at actual costs, with
government rates obtained whenever possible;
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vi. hotel accommodation upgrades shall be at the personal expense of the
Claimant unless there are ergonomic necessities attributable to physical
requirements including, but not limited to, accessibility needs;
vii. meals included as part of registration fees for conferences or courses are
not eligible for reimbursement; eligible meal expenses shall be reimbursed
by one of two methods as outlined in Section 3.09:
1. expense claims accompanied by detailed receipts; or
2. per diem meals rates;
viii. costs for alcoholic beverages shall not be reimbursed;
ix. fees, interest, and surcharges incurred on a credit card shall not be
reimbursed;
x. when personal and Municipal travel is combined, only documented, eligible
expenses directly related to the Municipality are reimbursable; any
extended travel time and related expenses are the Claimant’s personal
expenses and shall not be reimbursed;
xi. reimbursement shall not be provided for the following: loss of personal
effects; medical and hospital treatment; purchase of luggage, clothing and
other personal equipment; or personal services such as valet services, dry-
cleaning, laundry, haircuts; and
xii. reimbursement shall not be provided for travel and related expenses for
individuals who are not Council members, the CAO, employees of the
Municipality, and Committee members.
3.07 Travel Advances
(a) Travel advances are not routinely approved. Advances are intended to cover out-
of-pocket expenses incurred during travel. The following limits shall apply to the
use of advances:
i. all advances must be approved by the Immediate Supervisor, or the CAO
or Designate, as appropriate;
ii. advances will only be issued when an overnight stay is required;
iii. advances will not be made for less than $150;
iv. the Immediate Supervisor, or the CAO or Designate, must not approve an
advance unless there is a reasonable need for the advance;
v. the recipient of the advance must complete an expense claim that
reconciles the amount of the advance with the actual reimbursable
expenses incurred, and must repay any remaining balance of the advance
to the Municipality within 10 days of completing the travel; and
vi. advances are prohibited if the Claimant has a Municipal credit card.
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3.08 Use of Municipal Credit Cards
(a) In respect to expenses incurred while conducting Municipal business, Municipal
Credit Cards shall be used only for eligible expenses related to travel,
accommodation, meals, and training and education as defined in this policy.
(b) Municipal Credit Cards must not be used for cash advances and personal
expenses.
(c) Expenses incurred while on Municipal business and which are paid with Municipal
Credit Cards are considered personal expenses of the card holder until such time
as the signing authority has reviewed the statement and has approved them as
eligible expenses according to this policy.
3.09 Meals
(a) For each day or part day of travel, the Claimant shall be reimbursed for meals
(including reasonable associated gratuities and taxes) that the Claimant purchased
during travel. Meals shall be reimbursed by one of two methods:
i. meal expense claims accompanied by details receipts; or
ii. per diem rate for each meal, which includes an allowance for gratuities and
taxes. (The per diem rate for meals shall be established by Motion of
Council.) claimed in the amounts of $15.00 for breakfast, $20.00 for lunch,
and $35.00 for supper.
(b) Should special dietary requirements (medical, religious, etc.) prevent the Claimant
from participating in a meal that is provided free of cost, and, as a result, the
Claimant must pay for a meal, the Claimant shall be reimbursed for that meal.
(c) Alcoholic beverages are not eligible for reimbursement.
3.10 Kilometrage
(a) The kilometrage allowance reimbursed for a Claimant using a personal vehicle for
authorized travel shall be at the rate stipulated by the Province of Nova Scotia as
the maximum kilometrage rate for its employees.
(b) Should Council members, the CAO, employees of the Municipality, and Committee
members be attending the same meeting, conference, or function, reasonable
efforts shall be made to share a vehicle.
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3.11 Vehicle Rentals
(a) The cost of rental of a vehicle shall be a reimbursable expense in instances when:
i. reasonable ground transportation services such as public transit, taxis, or
hotel shuttles are unavailable; or
ii. two or more Municipal representatives (Council members, the CAO,
employees of the Municipality, Committee members) are traveling together,
and it is more economical than the combined cost of other reasonable
ground transportation.
(b) Compact, economical vehicles must be used unless three or more persons are
travelling together, the bulk or weight of goods being transported necessitates a
larger vehicle, or a compact, economical vehicle is unavailable.
(c) For the protection of the Claimant and the Municipality, Claimants must ensure that
adequate insurance (collision, comprehensive, and third-party liability insurance) is
in place for all drivers by either renting the vehicle using a personal credit card with
an insurance option, or by purchasing a policy from the rental agency. The
applicable deductible must be the lowest available given the coverage described
above.
3.12 Fraud, Misuse or Misappropriation of Municipal Funds
(a) Fraudulent irregularity, misuse or misappropriation of Municipal funds may result in
disciplinary action up to and including termination of employment.
(b) Suspicious activity and potential misuse of funds must be reported to the CAO. If
such activity relates to the CAO, it must be reported to the Warden.
4 SCOPE
4.01 This Expense Policy applies to all Reportable Individuals, employees of the
Municipality, and Committee members who incur approved expenses while conducting
Municipality of the District of Chester business.
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5 PROCEDURES
5.01 Approval of Out-of-Province Travel Requests
(a) All requests for out-of-province travel costs shall be made in writing and shall
contain the following information:
i. purpose and duration of the trip;
ii. location(s) to be visited;
iii. dates and times of arrival and departure;
iv. details regarding any pre-paid transportation, meals, or accommodation;
and
v. details regarding any other anticipated expenses.
(b) The review and approval of all requests for out-of-province travel will consider the
value and benefit of the proposed travel in relation to its cost.
(c) When two or more out-of-province travel requests are made by Council members
for the same purpose, the CAO, in discussion with the Warden, shall determine the
appropriate number of persons necessary to represent the Municipality.
(d) All requests for out-of-province travel by Reportable Individuals and Municipal
employees will be reviewed by corresponding Signing Authorities in accordance
with Section 3.01(a) of this Policy.
(e) If a request for out-of-province travel is approved, and the Claimant (not the
Municipality) pays all or some of the eligible expenses for the travel, the Claimant
shall be eligible for reimbursement of those expenses after submitting an expense
claim in accordance with this policy.
5.02 Approval of Training and Continuing Education Requests
(a) All requests for training or continuing education reimbursement shall be made in
writing and shall contain the following information:
i. details of proposed training or continuing education;
ii. course or enrollment fees;
iii. details regarding pre-paid transportation, meals, or accommodation; and
iv. any other anticipated expenses.
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5.03 Expense Claims
(a) Expense claims must be submitted on the form provided by the Municipality and
shall be signed by the Claimant.
(b) The business reason for each expense must be submitted with all expense claims
and a detailed itemized receipt is required for all expense claims except:
i. claims for per diem meal allowances;
ii. incidental expenses, such as tolls and parking; and
iii. claims for personal vehicle kilometrage for authorized travel.
(c) If no receipt is available, a written attestation signed by the Claimant must be
submitted to explain why the receipt is unavailable, and a description itemizing and
confirming the expenses. Debit or credit card transaction records are not
acceptable as receipts.
(d) Expenses incurred by one individual on behalf of another must be attributed to the
individual for whom those expenses were incurred.
(e) No expense claim shall be paid unless the claim is first approved for payment by
the Signing Authority with the authority to approve the claim. Before approving an
expense claim, a Signing Authority must ensure that:
i. the claim is consistent with this policy;
ii. the expenses claimed were necessarily incurred in the performance of
municipal business;
iii. appropriate receipts are provided to support the claim, and the claim
documentation is appropriately filed; and
iv. the expenses claimed have appropriate justification.
(f) In considering an expense claim for payment, a Signing Authority may request
additional explanations, documentation, or justification from the Claimant, and may
refuse to approve any claim or expense that the Signing Authority decides is
unreasonable or not in compliance with this policy.
(g) The use of petty cash to pay an expense claim is prohibited.
5.04 Timeframe
(a) A claim for reimbursement of an expense shall be submitted for approval to a
Claimant’s Signing Authority within thirty (30) days of the expense being incurred.
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(b) An extension to the thirty (30) days submission window will be considered if the
Claimant provides a reasonable explanation for the delay.
(c) Expenses must be submitted in, and charged to, the year in which they occurred
otherwise they will be considered ineligible. Expenses cannot be carried forward to
future years.
5.05 Reporting Requirements
(a) In accordance with the requirements section 65D of the Municipal Government Act,
the CAO shall ensure that the Municipality:
i. prepares and posts an Expense Report on the Municipality’s website within
ninety (90) days of the end of each quarter for expenses incurred by the
Warden, CAO (including an employee of the Municipality delegated any of
the responsibilities or powers of the CAO pursuant to subsection 29(b) of
the Municipal Government Act), and each member of Council for the
following:
1. travel and travel-related expenses, including transportation,
accommodation, and incidental expenses;
2. meals; and
3. training and education;
ii. prepares an annual report that summarizes expense reports for the
preceding fiscal year in compliance with the requirements of the
Department of Municipal Affairs and Housing and of the Financial Reporting
and Accounting Manual, and files that annual summary report with the
Minister of Municipal Affairs and Housing by September 30 each year.
5.06 Review Requirements
(a) The Municipality’s Audit Committee shall review the expense annual summary
report by September 30 of each year.
(b) By the January 31 immediately following a regular election held under the
Municipal Elections Act, Council shall review this policy and, following a motion by
Council, either re-adopt the policy or amend the policy and adopt the policy as
amended.
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6. REFERENCES AND RELATED STATEMENTS OF POLICY
Municipal Government Act Section 23(3), (4), (6), and (7) and 65D(1), (2), (5), and
(6).
Financial Reporting and Accounting Manual (FRAM), Department of Municipal Affairs
and Housing, Government of Nova Scotia.
P-09: Remuneration of Warden, Deputy Warden, and Councillors Policy – Section E
P-55: Personnel Policy, Section 7 – Training and Professional Development
P-58: Remuneration of Appointed Committee Members
As of the date of adoption of this policy, this Expense Policy replaces any related
sections of Municipality of the District of Chester policies and procedures concerning the
definition, approval, and reimbursement of expenses. Not to restrict in any way in
general applicability of the foregoing statement, this policy replaces the following
policies:
P-55: Personnel Policy, Section 6 – Travel Expense & Meal Allowance
P-22: Petty Cash Fund Policy
DEFINITIONS
7.01 “CAO” means the Chief Administrative Officer of the Municipality of the District of
Chester.
7.02 “Claimant” means the individual submitting an expense claim in accordance with the
policy and procedure statement of this policy.
7.03 “Committee Members” means members of committees formed by Council from its
members and the public at large to perform authorized functions as required by any
Act, by-law or resolution.
7.04 “Council” means the elected officials that make up the Council of the Municipality of
the District of Chester. For the purposes and provisions of this policy, the term
‘Council’ includes the Warden, the Deputy Warden, and Councillors, unless specific
statements of policy or procedure are otherwise identified for the Warden or Deputy
Warden.
7.05 “Employee” means any person directly employed by the Municipality of the District of
Chester as well as persons under contract who provide goods or services to the
Municipality.
7.06 “Expense Report” means a report on all amounts reimbursed for a reportable
municipal expense to a reportable individual during a fiscal quarter;
7.07 “Municipality” or “Municipal” means the Municipality of the District of Chester.
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7.08 “Reportable Individual” means the Warden, Deputy Warden, Councillor, Chief
Administration Officer (CAO), and any employee of the Municipality delegated the
responsibilities of the CAO.
7.09 “Reportable Municipal Expense” means an expense for which reimbursement was
provided by the Municipality for the following expense categories: (i) travel and travel
related expenses, including accommodation, incidentals, and transportation; (ii) meals,
(iii) professional development and training.
7.10 “Signing Authority” means an individual authorized to sign on behalf of the
Municipality.
VERSION LOG
Version
Number
Amendment
Description
Policy Editor Policy Sponsor Approval Date
2022-02-## Policy created CAO and
Director of
Finance and
Information
Services
Corporate &
Strategic
Management
Department
2022-02-##
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: April 28, 2022
DEPARTMENT: Corporate & Strategic Management
SUBJECT: Lunenburg County Events Promotion Levy
ORIGIN: Request from Town of Bridgewater
Date: April 7, 2022 Prepared by: Erin Lowe, Sr. Economic Development Officer
Date: April 21, 2022 Reviewed by: Tara Maguire, Deputy Chief Administrative Officer
Date: April 21, 2022 Authorized by: Dan McDougall, Chief Administrative Officer
RECOMMENDED MOTION
Council approve the support of enabling provincial legislation for the establishment of an events levy in
Lunenburg County, termed the Lunenburg County Events Promotion Levy as per the letter received from the
Town of Bridgewater dated March 28, 2022.
CURRENT SITUATION
The Town of Bridgewater has forwarded a letter for councils’ agreement and signature supporting the enabling
of provincial legislation for the establishment of an events levy in Lunenburg County.
BACKGROUND
In 2017, the Municipality of Chester, the Municipality of the District of Lunenburg, the Town of Bridgewater, and
the Town of Mahone Bay initiated the development of an events/hotel room night levy, termed the Lunenburg
County Events Promotion Levy. The Town of Lunenburg was invited to participate in 2018 but elected not to at
that time.
Our councils and staff worked cooperatively to develop a proposed model and carried out required engagement
with accommodations industry representatives with facilities that offer 20 or more rooms in 2018.
The operators contacted (>20 rooms):
Argyll Inn
Best Western Bridgewater
Bridgewater Hotel
Comfort Inn
Days Inn
Oak Island Resort and Conference Centre
The following timeline provides an overview of efforts undertaken on this initiative:
Date Activity Notes
July, 2017 Informal discussions held with
operators
September, 2017 Calls with Discover Halifax and
Tourism Industry Association of
Nova Scotia
Research purposes
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November, 2017 Mayors/Wardens/CAO Meeting Staff presented marketing levy research and
potential options. Neil MacKenzie from Yarmouth
Acadian Shores Tourism Association (YASTA)
presented on the levy in place in Yarmouth.
January, 2018 Check-in with councils Each individual unit presented in-camera to their
councils. Staff received direction to commence
industry engagement with partner municipal units
and operators with >20 rooms.
April/May, 2018 Individual meetings held with
operators
Receive feedback on proposed model. Individual
meetings held with:
Best Western Bridgewater
Oak Island Resort and Conference Centre
August, 2018 Formal attempt to engage
Town of Bridgewater operators
after several unsuccessful
attempts at setting up one-on-
one meetings via emails and
phone calls. Letter sent to:
Argyll Inn
Bridgewater Hotel
Comfort Inn
Days Inn
Three of these operators are
national chains with ownership
located outside of the area
which created difficulties in
establishing contact with
owners.
Letter notifying the four hotels of our intention to
proceed with an event levy in Lunenburg County with
the Town of Bridgewater, Town of Mahone Bay,
Municipality of the District of Chester and the
Municipality of the District of Lunenburg. Letter
contained brief synopsis of the proposal and an
invitation for them to follow up if they have more
questions or wish to receive a presentation.
Received one positive response from the Bridgewater
Hotel via phone call. No response received from
other operators.
September, 2018 Mayors/Wardens/CAO Meeting Staff presented feedback received and revised
model.
November, 2018 Group engagement meeting
with operators.
Presented revised model based on feedback received
at individual meetings. Two operators attended the
meeting:
Best Western Bridgewater
Oak Island Resort and Conference Centre
November, 2018 Deadline for receiving response
from operators indicating
whether or not they support
the levy.
Two official responses were received, and both
indicated support for the levy:
Best Western Bridgewater
Oak Island Resort and Conference Centre
December, 2018 Meeting with local MLAs Met with local MLAs:
Penny Lawless on behalf of Hugh MacKay
Mark Furey
Suzanne Lohnes-Croft
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Presented proposed model and gave overview of
industry engagement initiatives. All indicated support
for the event levy.
December, 2018 Contacted Municipal Affairs for
next steps RE: legislation
April, 2019 Meeting with Events NS Events NS told us to hold off as they would be
pursuing province-wide legislation
2021 Staff discussions reinitiated
January, 2022 MOC Staff met with new GM
for Oak Island Resort and
Conference Centre to present
proposed model
He indicated support for the Events Levy
DISCUSSION
Marketing levies are widely used by municipalities throughout Canada and the United States as a means to
generate “out of market” revenue that can be effectively reinvested in a community or region.
Originally, staff presented the proposed levy to industry as a traditional tourism marketing levy where monies
raised would be put towards marketing Lunenburg County as a tourist destination including events attraction.
Feedback received from industry at that time was that South Shore Tourism Cooperative already provided
tourism marketing for the region and that it was felt a tourism marketing levy would be a duplication of effort.
Feedback received indicated a focus on the attraction and delivery of mid to large scale events to increase room
night stays in Lunenburg County especially in winter and the shoulder seasons was a better use of the funds.
Proposed model:
Issue Expression of Interest for a host not-for-profit, separate entity to govern funds and enable industry-led
decision-making. This not-for-profit association would be responsible for attracting events and facilitating the
delivery of those events.
Not-for-profit to hire a part-time staff person. Municipalities to contribute a total of $20,000 to go towards the
salary costs. The division of the $20,000 between the Municipality of Chester, Municipality of the District of
Lunenburg, Town of Bridgewater and the Town of Mahone Bay is still to be determined and agreed upon.
Important to note that this funding is not intended to replace current sponsorship of events or grants from
municipal units.
A Steering Committee comprised of 1 hotel accommodation operator with >20 rooms from each of the following
municipalities: Municipality of Chester, Town of Bridgewater, Municipality of the District of Lunenburg. The
Steering Committee would make the ultimate decision on what events to target and ensure benefits are realized
county-wide.
Flat rate $2.00 room charge per night, roofed accommodations with 20 rooms or more.
The $2.00 fee would be charged directly to customers resulting in no out-of-pocket costs for the
accommodation operator other than associated set-up fees for accounting and invoice systems.
To maintain confidentiality and address industry privacy concerns, one lead municipal unit would be identified
to collect the levy from the accommodation operators.
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The end-goal is to increase room-night stays through diversified events and indirectly, enhance the position of
communities / regions as a destination of choice for visitors.
Potential Revenue:
There are currently six accommodations within partnering municipalities in Lunenburg County with
more than 20 rooms (4 in the TOB, 1 in MODL, and 1 in MOC)
The South Shore 2019 room night stay average was 44%
Based on these numbers, and a flat-rate $2 charge, at the low end a marketing levy could generate
$125,000 per year
A municipal contribution of $20,000 – amount could be based on a blended commercial/residential
formula of 75%/25%.
Total of $145,000 / year
Benefits:
Sustainable funding model: grows visitation over time if done correctly and increases revenue for
everyone.
Incorporates regional and local grassroots input and decision-making.
Provides interested stakeholders with the resources and enabling funds to make things happen.
This has a direct, positive economic impact on the accommodations industry, but also numerous other
service providers, including shops, restaurants, etc.
Bring more people to our region 12 months of the year
Why are we proposing to only add a levy to accommodations versus all operators?
This type of Levy is widely recognized and accepted by the traveling public
There is a benefit to charging the customer at a single point, versus multiple points. Ultimately, you are
still just charging the customer, and using only one point of revenue, where you clearly know your
visitors are staying is preferred.
Focusing on the accommodations industry is also the best way to ensure that the majority of users
impacted by the marketing levy are, in fact, travelers with “out of market dollars,” as opposed to local
patrons who reside in the area and are already taxpayers.
OPTIONS
1. Approve the support of enabling provincial legislation for the establishment of an events levy in
Lunenburg County, termed the Lunenburg County Events Promotion Levy as per the letter received from
the Town of Bridgewater dated March 28, 2022.
2. Do not approve the support of enabling provincial legislation for the establishment of an events levy in
Lunenburg County, termed the Lunenburg County Events Promotion Levy as per the letter received from
the Town of Bridgewater dated March 28, 2022.
IMPLICATIONS
By-Law/Policy
This would involve the creation of a new by-law
R e q u e s t f o r D e c i s i o n P a g e | 5
Financial/budgetary
Currently un-budgeted – to come out of economic development reserve
Environmental
N/A
Strategic Priorities
The Lunenburg County Events Promotion Levy will assist the Municipality in advancing the following Priority
Outcomes of the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Economic Development
1. Partner in the development of infrastructure and opportunities for business development and
attraction.
2. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses,
and organizations, and as an international tourism destination.
Work Program Implications
No impact on current work program
Has Legal review been completed? ___ Yes X No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
ATTACHMENTS
Letter from the Town of Bridgewater
March 28, 2022
The Honourable Becky Druhan
MLA Lunenburg West
100 High Street, Box 286
Bridgewater, NS B4V 1V9 beckydruhan.mla@eastlink.ca
The Honourable Susan Corkum-Greek
MLA Lunenburg
P.O. Box 220
Lunenburg, NS B0J 2C0 susancorkumgreekmla@gmail.com
Danielle Barkhouse
MLA Chester-St. Margaret’s
Office Suite #3
4080 Highway #3
Chester, NS B0J 1J0 barkhousemla@gmail.com
Dear Members of the Legislature:
RE: REQUEST FOR SUPPORT REGARDING ENABLING LEGISLATION / LUNENBURG COUNTY EVENTS
PROMOTION LEVY
We are writing today regarding a matter of longstanding interest and importance for municipalities in
Lunenburg County: the creation of enabling provincial legislation in support of a local events/hotel room
night levy, termed the Lunenburg County Events Promotion Levy.
Dating back to 2017, the Municipality of the District of Lunenburg, Town of Bridgewater, Municipality of
the District of Chester, and the Town of Mahone Bay have been working to lay the groundwork for such
enabling legislation (while the Town of Lunenburg declined to participate in 2018, we remain hopeful they
may choose to do so in the future). Our councils and staff worked cooperatively to develop a pitch
document (enclosed for reference) and carried out required engagement with accommodations industry
representatives with facilities that offer 20 or more rooms in 2018. The proposal was positively received
by accommodations industry representatives. After a receptive meeting with local MLAs from the
previous government, we were subsequently informed that they would not be bringing our requested
legislation forward for consideration. Instead, we were assured that the Department of Municipal Affairs
was set to pursue enabling legislation around events/room night levies that would apply provincewide.
We were asked to be patient and, for more than two years, we were patient. The enabling legislation that
we were promised, however, never materialized. During the same period, we learned that exactly the
type of legislation we were asking for was passed for the Digby area – a frustrating development to say
the least.
It is with all this in mind that we reach out to you today and ask you take up our request for enabling
legislation to permit municipalities in Lunenburg County to cooperatively enact a Lunenburg County
Events Promotion Levy. To that end, we have also enclosed draft legislation that you may wish to consider
based on similar existing enabling legislation. We have forecast that approximately $125,000 could be
collected annually through such a levy from travellers staying in Lunenburg County accommodations. The
revenue generated by such a levy would be reinvested directly in the promotion and development of
events in our region, with input from the accommodations industry, and ultimately further spur our
economy in Lunenburg County as we position ourselves for the post-pandemic era.
With thanks and on behalf of our elected councils,
Mayor Carolyn Bolivar-Getson Mayor David Devenne
Municipality of the District of Lunenburg Town of Mahone Bay
Mayor David Mitchell Warden Allen Webber
Town of Bridgewater Municipality of the District of Chester
c: The Honourable John Lohr, MLA Kings North
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: April 28, 2022
DEPARTMENT: Corporate & Strategic Management
SUBJECT: Outdoor Dining By-Law
ORIGIN: Motion #2021-151
Date: April 19, 2022 Prepared by: Erin Lowe, Sr. Economic Development Officer
Date: April 20, 2022 Reviewed by: Tara Maguire, Deputy Chief Administrative Officer
Date: April 20, 2022 Authorized by: Dan McDougall, Chief Administrative Officer
RECOMMENDED MOTION
Approve draft Municipality of Chester Outdoor Dining By-Law and adopt the document.
CURRENT SITUATION
Staff have prepared an Outdoor Dining By-Law for council’s review and approval. This proposed by-law has been
reviewed by the Nova Scotia Department of Public Works and has received municipal legal review. Once
approved by Council, the by-law will require 1st and 2nd reading(s) with the required 14 days between readings.
BACKGROUND
The allowance of outdoor dining in the Village of Chester was a temporary measure put in place to help our food
and beverage businesses due to the restrictions and limitations imposed by the Covid 19 pandemic. Having
outdoor dining conflicted with our Land Use By-Law so it required council to temporarily suspend enforcement
of that by-law.
Following Council’s agreement to temporarily suspend enforcement of the land use by-law in the 2020 season,
two restaurants received licences to operate outdoor dining areas. In 2021, council again agreed to temporarily
suspend enforcement of the land use by-law and three restaurants received licenses to operate outdoor dining
areas that season.
In April 2021 council passed a motion to direct staff to begin work on a stand-alone by-law to cover 2022 and
beyond, so that businesses need only apply annually for an outdoor dining license.
Public consultation efforts: A review of the municipality’s outdoor dining initiative was included in the scope of
work for the Chester Traffic Impact Study / Improvement Plan. Their assessment of the initiative evaluated any
impacts sidewalk cafés in the Village may have on traffic and explored whether any strategies to mitigate such
impacts were necessary.
This assessment included a public engagement component via an online survey which had the sidewalk café
initiative as one of four topics for residents to provide feedback on. Two in-person events were also held in
Chester to allow the public opportunity to provide information and feedback on sidewalk cafés.
R e q u e s t f o r D e c i s i o n P a g e | 2
Results of the resident survey indicated strong support for the sidewalk café initiative, with 75% of participants
either ‘strongly supporting’ or ‘somewhat supporting’ extending the sidewalk café initiative to allow some
existing road space to be used for outdoor dining adjacent to establishments.
While the survey results suggested favourable support for sidewalk cafés amongst residents, that support was
met with apprehension from some residents that allowing businesses to operate sidewalk cafés would decrease
parking availability and hurt other businesses.
Field observations found that some sidewalk cafés operating within the Village are not providing adequate
measures to ensure that all residents are able to safely move throughout the streets and sidewalks where the
sidewalk has been obstructed. Furthermore, it was noted that on one occasion an accessible parking spot was
displaced to accommodate a sidewalk café with no observed relocation of the accessible space being provided.
To prevent limiting the safe movement of pedestrians within the public right-of-way, the Consultant
recommended the Municipality consider incorporating guidelines like those adopted by the Town of Wolfville or
the Halifax Regional Municipality, particularly regarding requirements and design standards for:
Café dimensions and design
Temporary sidewalks
Emergency access
Accessibility
The proposed Municipality of Chester Outdoor Dining By-Law is consistent with the recommendations as set out
in the Chester Traffic Impact Study / Improvement Plan.
DISCUSSION
The development of this by-law involved all related internal departments who will be involved with the
administration of it once it is in place. This included Infrastructure & Operations, Accessibility Coordinator,
Community Development, Economic Development. The following section provides an overview of the key
elements of the by-law for council’s consideration.
Eligibility: In the draft by-law, outdoor dining areas are allowed as an accessory use only to a permitted or
legally existing food and beverage establishment. Other businesses such as retail or office space would not be
eligible to apply for a permit.
Accessibility and safety: the Accessibility Coordinator was actively involved in the development of this by-law to
incorporate accessibility and safety standards such as requirements for cane-detectable barriers, safety barriers
from vehicular traffic and required width for the path of travel.
Path of travel: all outdoor dining areas must provide a temporary sidewalk when located in the public road
right-of-way or vehicular parking area to preserve the free flow of pedestrian traffic. Among other requirements
outlined in the by-law, the Owner/Operator must provide a safety barrier between the sidewalk and vehicular
traffic and be designed with a smooth, level transition between existing grade and the temporary sidewalk.
Parking: outdoor dining areas may occupy parking spaces to a maximum of 20 per cent of the total parking
space requirements for the related use on the property. Any outdoor dining area occupying an accessible
parking space shall provide a suitable alternative accessible parking space created with approval from the
provincial department responsible for transportation.
R e q u e s t f o r D e c i s i o n P a g e | 3
Approval process: all licences issued by the Municipality are subject to the Owner/Operator obtaining the
necessary permits or permissions from any other regulatory body such as the Province. Nova Scotia Public
Works must review each application prior to the business receiving a permit. The by-law should still reduce the
back and forth but there could be additional measures required depending on the business location. Approval
from Alcohol and Gaming may also be required as well as review and sign-off from the Municipal Engineer.
Liability Insurance: the Owner/Operator of an outdoor dining area must carry a minimum of $2,OOO,OOO
liability insurance for the operation of the outdoor dining area for the full term of the license and name the
Municipality and Province of Nova Scotia as co-insured.
Timing: outdoor dining licenses will be issued for the period from May 1st to November 7th and must be
reapplied for annually.
The administration process for this by-law will be determined following approval of the by-law. Staff will review
previous application process. Individual applications will still be required to be reviewed and approved by the
provincial department responsible for transportation.
OPTIONS
1. Approve draft Municipality of Chester Outdoor Dining By-Law and adopt the document.
2. Make specific changes to the draft Municipality of Chester Outdoor Dining By-Law. Changes will be
made to the document before obtaining adoption.
3. Do not adopt the draft Municipality of Chester Outdoor Dining By-Law.
IMPLICATIONS
By-Law/Policy
This involves the development of a new by-law, the Municipality of Chester Outdoor Dining By-Law.
Financial/budgetary
N/A
Environmental
N/A
Strategic Priorities
The Municipality of Chester Outdoor Dining By-Law will assist the Municipality in advancing the following
Priority Outcomes of the 2021-24 Strategic Priorities Framework:
Priority Outcomes: Economic Development
1. Partner in the development of infrastructure and opportunities for business development and
attraction.
2. Promote and grow the Municipality’s economic sectors.
3. Position the Municipality as Nova Scotia’s south shore community of choice for residents, businesses,
and organizations, and as an international tourism destination.
Priority Outcomes: Governance & Engagement
1. Ensure municipal bylaw and policy frameworks reflect current and changing needs.
R e q u e s t f o r D e c i s i o n P a g e | 4
Work Program Implications
The administration of applications for outdoor dining licenses will have implications on the staff work program. The plan for
administration of this by-law will be determined once the by-law has been approved.
Has Legal review been completed? _X__ Yes _ _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
Feedback received from stakeholders/public is summarized above. Staff have been in contact with the food and
beverage establishments to update them on the process.
ATTACHMENTS
Municipality of Chester Outdoor Dining By-Law
Municipality of Chester Outdoor Dining By-Law
1
MUNICIPALITY OF CHESTER
OUTDOOR DINING BY-LAW
1) Purpose, Scope, Authority
a. The purpose of this by-law is to provide for the licensing of outdoor dining areas of appropriate
design, configuration, and appearance during the spring, summer and fall.
b. Due to the seasonal and temporary nature of an outdoor dining area, the seating within an
outdoor dining area will not be considered an increase in the number of seats serving a
restaurant or eating establishment, will not be counted towards any off-street parking
requirements established in any Municipal Land-Use By-Law and no development permit will be
required for the temporary use or structure.
2) Definitions
a. “Administrator” means the CAO or other staff person as appointed by the CAO to administer
this by-law.
b. “Municipality” means the Municipality of the District of Chester.
c. “Outdoor dining area”, includes all area within a public right of way, whether owned or
controlled by the Municipality or the Province, directly abutting the property to the business
and is the location where temporary seating areas for food and beverage establishments such as
seasonal patios and sidewalk cafés are located and includes any temporary sidewalk(s).
d. “Business” means food and beverage establishments.
e. “Owner/Operator” means the owner of the business where an outdoor dining area application
is applied for and shall include a tenant, or person having possession and control of the property
upon which the business is operated.
f. “Cane-detectable barrier” refers to objects that can be detected by a person using a long white
cane. Along a path of travel, objects must be located between the ground and a height of 680
mm to be cane-detectable (refer to Schedule A for illustration).
g. “Protruding objects” are any objects that protrude into the path of travel and must be cane-
detectable. Objects that protrude more than 100 mm into the path of travel must have their
leading edge no higher than 680 mm from the ground. Any protruding objects with their leading
edge above 680 mm must also have a cane-detectable barrier. A minimum overhead clearance
of 2050 mm is required (refer to Schedule B for illustration).
h. “Safety barrier” means an obstacle placed between pedestrian traffic and vehicular traffic, fully
in compliance with the requirements outlined in this by-law.
i. “Temporary Sidewalk” means a dedicated space reserved for pedestrian use, fully in compliance
with the requirements outlined within this by-law.
3) Administration
a. No Owner/Operator shall establish or maintain an outdoor dining area without a license
pursuant to this by-law.
Municipality of Chester Outdoor Dining By-Law
2
b. All Licences issued by the Municipality are subject to the Owner/Operator obtaining the
necessary permits or permissions from any other regulatory body such as the province.
c. The Owner/Operator of an outdoor dining area shall pay an Annual Permit Fee as per the fees
and policy of Council upon application for the Licence.
d. Licenced outdoor dining areas are permitted as an accessory use to a permitted or legally
existing food and beverage establishment, excluding mobile vendors under the Municipal Trade
and Licencing By-Law.
e. The Administrator may issue annual outdoor dining licenses which shall be for the period from
May 1st to November 7th or such shorter period as specified in the Licence.
f. Licenses shall be valid for one (1) season and must be reapplied for annually.
g. Outdoor dining areas shall operate in compliance with the operating hours of the principal use
to which it is an accessory.
h. No outdoor dining area shall broadcast pre-recorded or live music, including music broadcast
from inside the building but intended to reach patrons of the outdoor dining area. Music
broadcast from inside the building that is heard by patrons of the outdoor dining area shall not
be of such a volume as will create a noise nuisance to either the public or surrounding property
owners.
i. The Municipality and public utility agencies retain the right of entry to the approved outdoor
dining area and the temporary sidewalk for the installation, maintenance and repair of pipes,
cables, wires, poles, hydrants and other elements as necessary.
i) In the case of emergency repairs of utility infrastructure noted above, entry may be made
without notice. For scheduled work, a minimum notice of 48 hours will be given.
ii) When access is required by the Municipality or a public utility for a purpose such as those
above, the Owner/Operator shall remove the outdoor dining area improvements and
reinstall them at the Owner/Operator's expense.
iii) The Municipality retains the right of entry to the approved outdoor dining area for
emergency vehicle access.
4) Liability
The Owner/Operator of an outdoor dining area shall:
a. carry a minimum of $2,OOO,OOO liability insurance for the operation of the outdoor dining area
for the full term of the license
b. name the Municipality and Province of Nova Scotia as co-insured
c. must indemnify the Municipality and save it harmless from all claims of injury to persons or
damage to property attributable in whole or in part to the existence, location, and operation of
the outdoor dining area
d. must indemnify the Province of Nova Scotia and save it harmless from all claims of injury to
persons or damage to property attributable in whole or in part to the existence, location, and
operation of the outdoor dining area
e. notify the Municipality no less than 30 days before the cancellation of this insurance.
Municipality of Chester Outdoor Dining By-Law
3
5) Outdoor Dining Areas
All outdoor dining areas shall comply with the following:
a. provide a temporary sidewalk when located in the public road right-of-way or vehicular parking
area to preserve the free flow of pedestrian traffic.
b. be constructed in such a way as not to block or otherwise interfere with the street drainage
system.
c. any structures associated with an outdoor dining area will require a fire inspection.
d. be approved by the provincial department responsible for transportation.
e. be approved by the municipal department responsible for municipal streets and sidewalk
maintenance.
f. where applicable, the seating area shall not extend beyond the inside edge of the curb of the
municipal sidewalk.
g. all objects must be wholly contained within the area approved for the outdoor dining area.
h. no signage is permitted within the outdoor dining area, including but not limited to logos and
advertising signage on umbrellas, banners, flags.
i. when located within a public road right of way, the outdoor dining area shall not extend past the
front property line of the property that the business is located on.
j. any tents, domes, tarpaulins and decorative materials shall conform to Can/ULC-S109, “Flame
Tests of Flame-Resistant Fabrics and Films.”
k. outdoor dining areas may occupy parking spaces to a maximum of 20 per cent of the total
parking space requirements for the related use on the property.
l. maintain a minimum width of 1600 mm of unobstructed (barrier free) access to the entrance of
the building.
m. Fire hydrants may be incorporated into an outdoor dining area on the strict understanding that
access should be immediate when required i.e., no permanent or difficult to remove structures
built around them.
6) Temporary Sidewalk
A temporary sidewalk must be provided when an outdoor dining area is located within the public road
right-of-way or located within a vehicular parking area. All temporary sidewalks shall:
a. be separated from vehicular parking by a safety barrier that:
i) has a minimum weight of 1,000 kg.
ii) has a minimum height of 914 mm.
iii) has reflectors on the outer side to be better detected by drivers.
iv) does not create a traffic hazard or block visibility.
v) is no closer than 3 m from any street intersection; however, this may vary and will be
reviewed on a case-by-case basis.
b. include a cane-detectable barrier on both sides of the temporary sidewalk.
c. include a railing at a minimum of 914 mm in height (measured from the ramp surface to the top
of the rail) on both sides of the temporary sidewalk to prevent pedestrians from entering the
street and the seating area of the outdoor dining area. The railings must be continuous, and
colour contrasted with surrounding surfaces.
Municipality of Chester Outdoor Dining By-Law
4
d. have handrails that are a size (diameter) that facilitates grip, with a smooth and round design
and include horizontal handrail extensions at the top and bottom of the ramp to provide
support with extensions turned down to prevent bags, pockets etc. from getting caught.
e. be no less than 1.8 metres wide to accommodate those requiring mobility devices.
f. provide a smooth, level transition between existing grade and the temporary sidewalk surface
and have no more than a 6 mm lip to enter the ramp.
g. have a non-slip surface, or a non-slip surface must be applied.
7) Beautification
All outdoor dining areas shall:
a. be encouraged to include landscaping of the outdoor dining area.
b. remove all landscaping features by the expiration date of the license.
c. ensure that all plant material is wholly contained within the designated outdoor dining area.
d. ensure that vegetation is maintained or replaced with healthy plant materials throughout the
duration of the license.
8) Accessible Parking Space(s)
Any outdoor dining area occupying an accessible parking space shall:
a. provide a suitable alternative accessible parking space created with approval from the provincial
department responsible for transportation.
b. be replaced with a parking space that has adequate curb cuts and access to the sidewalk where
applicable.
9) Lighting
Any lighting for an outdoor dining area shall be of a temporary nature and shall:
a. use lowest possible intensity consistent with safety.
b. use fixtures which eliminate glare.
c. not project any glare or direct illumination onto adjacent properties or the adjacent street.
d. remain static, meaning the lights shall not flash, move, or change in intensity or colour.
e. be turned off when the business is not open.
10) Waste, Storage and Maintenance
The Owner/Operator of an outdoor dining area shall:
a. maintain the outdoor dining area, the temporary sidewalk area, and the immediately adjacent
area, in a clean and safe condition, free of hazards at all times.
b. locate any waste receptacles and workstations along the building wall.
c. ensure all waste receptacles are covered.
d. ensure all waste receptacles are emptied nightly.
e. ensure that all components of the outdoor dining area are removed at the end of each season.
f. ensure that when the outdoor dining area is removed for the season, the street, sidewalk, and
municipal property are restored to the original condition, to the satisfaction of the Municipality.
Municipality of Chester Outdoor Dining By-Law
5
11) Variation to Outdoor Dining Area
The Administrator may:
a. vary the dimensional outdoor dining area requirements by up to 10 percent to allow flexibility to
accommodate physical anomalies of a site, so long as the intent of the particular requirement is
not compromised.
b. under special circumstances, vary outdoor dining area requirements with the approval of
Council and the provincial department responsible for transportation.
c. with written permission from an abutting property owner, allow an outdoor dining area to
extend within the public road right of way in front of an abutting property, to a maximum of half
of the abutting property’s front property line, provided no driveway access is blocked.
12) Penalty
a. Any person who violates any provision of this by-law, at the discretion of the Administrator, may
have their Licence suspended or revoked until the violations are corrected. For repeated
violations or flagrant violations, the Licence could be revoked entirely such that the outdoor
dining area would have to be removed.
Municipality of Chester Outdoor Dining By-Law
6
SCHEDULE A
OVERHEAD CLEARANCE AND CANE DETECTABLE BARRIER ILLUSTRATIONS*
*The below illustrations are to be used as visual aids only and may be amended from time to time.
Municipality of Chester Outdoor Dining By-Law
7
SCHEDULE B
PROTRUDING OBJECTS ILLUSTRATIONS*
*The below illustrations are to be used as visual aids only and may be amended from time to time.
REQUEST FOR DECISION
REPORT TO: Municipal Council
MEETING DATE: April 28, 2022
DEPARTMENT: Infrastructure and Operations
SUBJECT: Speed Radar Signs
ORIGIN: RCMP Advisory Committee
Date: April 14, 2022 Prepared by: Tammie Bezanson, Civil Engineering Technologist
Date: April 22, 2022 Reviewed by: Matthew Blair, Director of Infrastructure and Operations
Date: April 22, 2022 Authorized by: Dan McDougall, Chief Administrative Officer
RECOMMENDED MOTION
That council agrees to the functionality of the proposed speed radar signs.
That council provides administration with one (1) location per district, for potential future installation of the
radar speed signs.
That council instructs administration to invite qualified suppliers to bid on the contract
CURRENT SITUATION
Council has directed administration to research suitable permanent speed radar signs to be located throughout
the municipality.
Each of the seven (7) municipal districts will benefit from the installation of one permanent speed radar sign.
The location of each sign will be determined by the district councilor, on the understanding that it is approved
by Nova Scotia Department of Public Works. In the event a location is not approved by NSDPW, an alternative
location will be recommended by the appropriate council member.
R e q u e s t f o r D e c i s i o n P a g e | 2
BACKGROUND
Concerns were discussed at Council on June 10, 2021, about speeding.
Speeding on Highway 329 –
• Councilor Veinotte outlined complaints he has received about speeding along Highway 329. He noted
that previously a discussion had been held regarding the possibility of purchasing mounted speed radar units. He
would like to see some purchased to be placed at pertinent locations where speeding has been an issue. He felt
the cost was low and would help in correcting the behavior of speeding motorists. As well, the number of cyclists
that use the Highway 329 loop is high and it is dangerous when there are speeders.
• Councilor Connors agreed, noting that speeding has been a problem in her District, and they had
previously discussed the purchase at a New Ross Regional Development Society meeting.
• Deputy Warden Shatford suggested placing the mobile unit the Municipality already has and sending the
data to the RCMP so that they know where to increase their patrols. It could get expensive to purchase the
mounted radar units in all locations that could be identified.
It was also noted that any installation would have to be approved by the NSDPW.
DISCUSSION
The desired specification for each solar sign are as follows:
Proprietary software for data capture and analysis
Remote connectivity via desk and mobile devices
Software connectivity and support
30” x 24” sign face & cabinet; yellow background with black text “YOUR SPEED”
4.5” Dia; 12’ aluminum mounting pole; 4x ¾” anchor bolts & nuts w/covers
Solar charge controller
80W Solar panel; side of pole mount
100 Ah battery
5 year battery warranty
The desired specification for each AC powered sign are as follows:
Proprietary software for data capture and analysis
Remote connectivity via desk and mobile devices
Software connectivity and support
30” x 24” sign face & cabinet; yellow background with black text “YOUR SPEED”
4.5” Dia; 12’ aluminum mounting pole; 4x ¾” anchor bolts & nuts w/covers
AC controller (inside)
AC panel; side of pole mount (2-2.5” sq or 2.38-2.88” Dia round)
R e q u e s t f o r D e c i s i o n P a g e | 3
It is the intention to install solar powered speed radar signs wherever possible. In the event that a solar powered
unit is not a viable option, an AC powered, wired unit will be installed.
All locations must be approved by Nova Scotia Department of Public Works before installation commences
Future locations, based on vehicle traffic volumes and/or pedestrian concentrations (e.g. schools) may be
considered for additional, future units.
Should the original locations not serve the intended purpose, or more suitable alternative locations are
identified, potential estimated relocation costs of the proposed seven (7) in this proposal:
Wired units - $1,500
Solar units - $500
Access to the data can be made available to Nova Scotia Department of Public Works and the RCMP if
requested.
OPTIONS
1. Agree on the speed radar sign specifications for inclusion in an RFP
2. Councill to advise administration on the desired locations within their districts, subject to NSDPW
approval.
IMPLICATIONS
By-Law/Policy
P-04: Procurement Policy
Financial/budgetary
A budget of $70,000 was approved by Council on December 9, 2021, as per Motion 2021-454/460
Environmental
Less GHG emissions as the units can be powered by solar if location is suitable.
Strategic Priorities
The uplink feature will save staff crucial travel time and fuel as the installations can be monitored remotely from
the office or by cell phone. This will assist the Municipality in advancing the following Priority Outcomes of the
2021-24 Strategic Priorities Framework:
R e q u e s t f o r D e c i s i o n P a g e | 4
Priority Outcomes: Infrastructure & Service Delivery
Through asset management practices that inform annual operations and maintenance programs as well as long
term capital renewals and upgrades, we invest in public infrastructure. In response to ongoing changes in levels
of service, regulatory requirements, population, and technological innovation, we work to provide infrastructure
that is cost-effective, reliable, and sustainable.
1. Develop and implement evidence-based plans for future locations for speed radar installations, which
will provide valuable input for future infrastructure needs, for example sidewalks.
2. Create efficiencies through purchasing equipment that has minimal GHG emissions, long term life of
solar batteries, and remote connectivity.
Work Program Implications
There are no work program implications.
Has Legal review been completed? ___ Yes _ _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
Council may request administration to communicate to the citizens when and where the radar signs are
installed.
ATTACHMENTS
None
REQUEST FOR DECISION
REPORT TO: Committee of the Whole
MEETING DATE: April 21, 2022
DEPARTMENT: Corporate and Strategic Management
SUBJECT: Procedures of Council Policy
ORIGIN:
Date: April 7, 2022 Prepared by: Tara Maguire, Deputy CAO
Date: Reviewed by: [staff, title]
Date: April 19, 2022 Authorized by: Dan McDougall, CAO
RECOMMENDED MOTION
That Committee of the Whole recommend that Council:
a. Conduct First Reading to repeal By-Law #79 Rules Governing Proceedings of Council and refer to Second
Reading following required advertisement;
b. Give First Notice to repeal Policy P-10 Regular Council Meetings; and
c. Give First Notice to adopt Policy P-109 Council & Committee Procedural Policy and refer to Second Notice.
CURRENT SITUATION
In the fall of 2021, the MGA was amended to allow virtual Council meetings provided that there is a policy of
Council that allows for virtual meetings and/or virtual attendance by individual Council members. Council has
requested staff provide a policy allowing for virtual meetings and virtual attendance at meetings.
BACKGROUND
Council currently has a by-law governing the proceedings of Council meetings, which also applies to committees
of Council. The by-law outlines requirements for Councillors attendance at meetings, procedures for electing the
Warden/Deputy Warden and the rules of procedure for meetings. Generally, a by-law is a form of legislation
that is used to enforce or regulate activities. By-laws normally have some type of legal action that can be taken
as a consequence of non-compliance, and they govern the actions of all people in the municipality. Policies, on
the other hand provide guidance to municipal Council and staff pertaining to procedures (e.g., an expense
policy) or to govern the actions on the use of municipal property. They do not hold the same legal force as a by-
law. The MGA refers to Council’s ability to have a policy governing Council proceedings.
Council has a policy from 2008 that is now redundant as the policy sets the days Council meetings, which is
included in both the current by-Law and the proposed policy.
DISCUSSION
In 2020, with the onset of COVID restrictions, the Province introduced a Ministerial Directive to allow Council
meetings to occur virtually. Prior to this directive, there was no clear authority in the MGA for meetings to be
held virtually, nor for individual members to attend virtually.
With the expiration of the State of Emergency in March 2022, the Ministerial Direction that enabled virtual
meetings during the State of Emergency was terminated. In the Fall of 2021, the MGA was amended to clarify
R e q u e s t f o r D e c i s i o n P a g e | 2
the authority. The changes permit virtual meetings; however, meetings may only be conducted by electronic
means if enabled by a procedural policy of the Council or procedural by-law of the village commission. Virtual
meeting requirements are outlined in section 19A (for municipalities) of the Municipal Government Act. These
sections are recent amendments to the MGA (https://nslegislature.ca/legc/bills/63rd_3rd/3rd_read/b098.htm).
If Council wishes to permit Council or committees to hold virtual meetings, or to allow individuals members to
attend meetings virtually, we require a policy of Council.
As the MGA also suggests that Council’s procedures should be outlined in a policy, a draft policy is provided.
The current by-law should be repealed and replaced with a policy. A number of minor housekeeping changes
have been made, in particular the language has been made gender neutral. Changes have been made to make it
clear the policy applies to Council and its committees. This is not a change, but the By-Law generally only
referred to Council and not committees even though the by-Law applied to committees of Council. The language
around the Chair has also been amended. The Policy refers to the Presiding Officer, which can also be referred
to as a chair. The previous language that was more specific to Council and did not provide clarity around the
chair of other committees.
The new portion of the policy that allows virtual meetings permits a virtual meeting of Council or committees,
with no limit on the number of meetings that can be held virtually. It also permits an individual Councillor/
committee member to attend a meeting virtually up to three times a year. There is a requirement to submit the
request to the clerk in writing, and requirements for adequate IT infrastructure. There are no other criteria
established and provided the member meets the criteria for IT and has not already attended three meetings
virtually they would be permitted to attend virtually. It should be noted that the policy, as presented, would
permit a member to attend up to three meetings of Council and three COW meetings virtually. This accounts for
the possibility that a Council member may be away for three weeks and could attend multiple meetings (i.e.,
PAC, Council, COW, etc.). If Council wishes a different set of criteria can be established. The policy would need to
articulate the criteria and who is making the final determination of how the criteria are applied.
OPTIONS
1. Recommend that Council:
a. Conduct First Reading to repeal By-Law #79 Rules Governing Proceedings of Council and refer to
Second Reading following required advertisement;
b. Give First Notice to repeal Policy P-10 Regular Council Meetings; and
c. Give First Notice to adopt Policy P-109 Council & Committee Procedural Policy and refer to
Second Notice.
2. Do Not adopt the policy and do not repeal the existing By-Law, however, give notice to repeal Policy P-
10 Regular Council Meetings.
3. Provide further direction to staff.
IMPLICATIONS
By-Law/Policy
The existing By-Law No. 79 and Policy P-10 can be repealed if Council choses to adopt the draft policy as
presented.
Financial/budgetary
None identified
R e q u e s t f o r D e c i s i o n P a g e | 3
Environmental
None identified
Strategic Priorities
This supports the following strategic priorities
Governance & Engagement
1. Ensure municipal service delivery is efficient and effective, communicated, and accessible.
2. Ensure municipal By-Law and policy frameworks reflect current and changing needs.
Work Program Implications
None identified
Has Legal review been completed? ___ Yes _ _ No __ N/A
COMMUNICATIONS (INTERNAL/EXTERNAL)
Describe outreach activities (community workshops, required notices, social media) conducted and summarize
any feedback received from stakeholders/public. If the outreach has not occurred, please indicate timelines or
intended actions. If the matter will not require outreach, do not complete this section.
ATTACHMENTS
Draft policy
Policy P-10 Council & Committee Procedural Policy
By-Law 79 Rules Governing Proceedings of Council
Municipality of the District of Chester
Rules Governing
Proceedings of
CouncilCouncil and
Committee Procedural
Policy
Policy #109
Formatted Table
Rules Governing Proceedings of Council Policy XXX
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY #XXX
COUNCIL AND COMMITTEE PROCEDURAL POLICY RULES GOVERNING PROCEEDINGS OF COUNCIL
1. PURPOSE
1.1. 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 Chester
1.2. 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 Chester relating to meeting protocol, election of
officers, committee composition, public presentations, rules of order and debate, motions and
voting, choices in governance by Bylaw, policy or resolution;
b. Provide a guide to procedural motions.
2. SCOPE
2.1. This policy applies to meetings of Chester Municipal Council and committees of Council.
3. DEFINITIONS
3.1. In this policy, all words shall have their meaning as described in standard English dictionaries except for
the following:
a."Casting Vote” means a vote in the hands of the chairman of a meeting which is only to be used in the case of
a tie vote amongst the general members.
b. "Chairman" means
i. The Warden; or
ii. in the absence of the Warden, the Deputy Warden; or
iii. in the absence of the Warden and the Deputy Warden, the member appointed by Council to
preside; or
iv. until a Warden has been elected, the Clerk.
a. Lot" means the method of determining the successful candidate by placing the names of the
candidates on equal size pieces of paper and placed in a box and one name being drawn by the
Clerk as set out in the Municipal Elections Act.
c.b. "Meeting" means a complete meeting and covers the period of time in which members are
actually sitting, from the official opening of a meeting until the final adjournment thereof,
regardless of the number or length of sessions which may be held and then terminated by
temporary recesses or adjournments.
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Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
d.c. "Point of Order" means:
i. any breach of the rules of order of Council; or
ii. any defect in the constitution of any meetings of the Council; or
iii. iii. the use of improper, offensive or abusive language; or
iv. any other informality or irregularity in the proceedings of Council.
iv.
d. “Presiding Officer” means the person presiding over a meeting. This may also be referred to as
“chair”.
e. "Procedural Motion" means any motion dealing strictly with procedure and, without limiting the
generality of the foregoing, includes the following: motions to extend the time of a meeting,
motions to refer, motions to amend, motions to table, motions to postpone indefinitely or
definitely, motions to adjourn.
f. "Sessions" means the proceedings of Council held on any one day.
g. "Substantive Motion" means any motion other than a procedural motion, a question of privilege
or a point of order.
4. PRESIDING OFFICER
4.1. The presiding officer at all council meetings shall be:
i. The Warden; or
ii. in the absence of the Warden, the Deputy Warden; or
in the absence of the Warden and the Deputy Warden, the member appointed by Council to
preside; or
iii.
iv. until a Warden has been elected, the Clerk.
4.2. The chair, or vice-chair in the chair’s absence, of each standing committee of council will serve as its
presiding officer. The Warden may 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.
4.3. It shall be the duty of the presiding officer to:
a. Open the meeting by taking the chair and calling the members to order;
b. Ensure the meeting agenda is followed and that the meeting progresses with due efficiency;
c. Receive and put to a vote all motions presented by members and to announce the results;
d. Rule as out of order motions which infringe the rules of procedure or which are illegal or beyond
the powers of the assembly;
e. Enforce the rules of order and the observance of order and decorum among members;
f. Call by name any member persisting in breach of the rules or order of the council, thereby ordering
him to vacate the council chambers;
g. Receive all messages and other communications and announce them to the council/committee;;
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Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
h. Authenticate, by signature when necessary, by-laws, resolutions, and minutes of the
Council/committee;
i. Preserve order and decide points of order;
j. Represent and support the Council/committee, declaring its will and implicitly obeying its
decisions in all things;
k. Ensure that decisions of committee/council are in conformity with the laws governing the
activities of committee/council;
l. Adjourn the meeting when the business is concluded;
m. Adjourn the meeting, without question put, in the cause of grave disorder arising in the council
chambers.
4.4. The presiding officer may recess a meeting once without a vote for up to ten minutes.
4.5. ELECTION OF S PRESIDING OFFICERS
The Council members shall elect the Warden at the first inaugural meeting after the election of the
Council, immediately after the councillors-elect have taken the Oath of Office.
5.1. Al All nominations will be received verbally, with nominations to be closed by motion. After nominations
have closed, councillors having let their names stand for election may be permitted to have an equal
amount of time, as agreed by council, to address council.
5.2. Voting will take place via secret ballot with counting to take place by scrutineers approved by council.
After counting, the scrutineers will announce if a majority was achieved by any candidate.
5.3. Where only one person is nominated for an office and nominations have been closed by resolution, the
chairman shall declare that person elected to the office in question, by acclamation.
5.4. Subject to Sections 12 and 16 of the Municipal Government Act:
a. Wwhere more than two persons are nominated for election to an office and no nominee receives,
on the first vote or ballot, a majority of the votes of the Councillors present, the name of the
nominee who receives the least number of votes shall be dropped from the vote or ballot and the
Council shall vote again.
b. In the event of a tie vote for two or more nominees having the least number of votes and the
addition of one vote would entitle one or more of the nominees to remain on subsequent ballots,
the Clerk shall determine the nominee to be added to the subsequent ballot by Lot.
c. The Council shall vote up to three times after the number of candidates still on the ballot has been
reduced to two or until one of the nominees has a majority of the votes of the Councillors present.
5.5. In the event of a tie vote for two or more candidates for the office being voted upon and the addition of
one vote would entitle one or more of the candidates to be declared elected and where Council has
voted up to three times to break the tie vote, the Clerk shall determine the candidate or the candidates
to be declared elected by lot.
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Effective Date: Month x, 202x
"Lot" means the method of determining the successful candidate by placing the names of the candidates
on equal size pieces of paper and placed in a box and one name being drawn by the Clerk as set out in
the Municipal Elections Act.
5.6. The term of office of the Warden shall be when the term of the Council expires.
4.1.5.7. If the office of Warden becomes vacant, the Council shall elect a Warden at the first meeting following
such vacancy. The term of office shall be when the term of the Council expires.
5.8. The Council may elect a Deputy Warden at any meeting after the election of Council and thence upon
the expiry of the Term of Office for Deputy Warden.
5.9. The term of office of the Deputy Warden shall consist of two terms within a council terms, with the first
term expiring at the end of the second year of the Warden's Council term and the second term expiring
at the end of the Council term.
4.2.
4.3. The election of Warden and Deputy Warden shall be by ballot.
4.4.1.1. Where only one person is nominated for an office and nominations have been closed by resolution,
the chairman shall declare that person elected to the office in question, by acclamation.
4.5.1.1. Subject to Sections 12 and 16 of the Municipal Government Act where more than two persons are
nominated for election to an office and no nominee receives, on the first vote or ballot, a majority of the
votes of the Councillors present, the name of the nominee who receives the least number of votes shall
be dropped from the vote or ballot and the Council shall vote again. In the event of a tie vote for two or
more nominees having the least number of votes and the addition of one vote would entitle one or more
of the nominees to remain on subsequent ballots, the Clerk shall determine the nominee to be added
to the subsequent ballot by Lot.
4.6.1.1. The Council shall vote up to three times after the number of candidates still on the ballot has been
reduced to two or until one of the nominees has a majority of the votes of the Councillors present.
4.7.1.1. In the event of a tie vote for two or more candidates for the office being voted upon and the addition
of one vote would entitle one or more of the candidates to be declared elected and where Council has
voted up to three times to break the tie vote, the Clerk shall determine the candidate or the candidates
to be declared elected by lot.
5.10. The election of the Deputy Warden will be conducted in the same manner as the election of the
Warden."Lot" means the method of determining the successful candidate by placing the names of the
candidates on equal size pieces of paper and placed in a box and one name being drawn by the Clerk as
set out in the Municipal Elections Act.
It shall be the duty of the presiding officer:
To open the meeting by taking the chair and calling the members to order;
To announce the business before the Council in the order in which it is to be acted upon;
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First Notice: Council – Month XX, 202X (202X-XXX)
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Effective Date: Month x, 202x
To receive and submit, in the proper manner, all motions presented by members;
To put to a vote all questions that are regularly moved and seconded and to announce the result;
To rule as out of order motions which infringe the rules of procedure or which are illegal or ultra
vires of the powers of Council;
To enforce the rules of order and the observance of order and decorum among members;
To call by name any member persisting in breach of the rules or order of the Council, thereby
ordering him to vacate the Council Chambers;
To receive all messages and other communications and announce them to the Council;
To authenticate, by signature when necessary, all by-laws, resolutions, and minutes of the Council;
Preserve order and decide points of order;
To represent and support the Council, declaring its will and implicitly obeying its decisions in all
things;
To ensure that the decisions of Council are in conformity with the laws and by-laws governing the
activities of the Council;
Ensure that decisions of committee/council are in conformity with the laws governing the
activities of committee/council;
To adjourn the meeting when the business is concluded;
To adjourn the meeting, without question put, in the cause of grave disorder arising in the Council
Chambers.
To adjourn a meeting once without a vote for up to ten minutes.
5.6. MEETINGS
6.1. Except where some other place is designated by a resolution of Council, or as provided for in this
allpolicy, all meetings of the Council shall be held in the Council Chamber of the Municipal Administration
Building.
6.2. Except as provided in sections 6.3 and 6.4, Council members must attend Council meetings in person.
6.3. Not withstanding Section 6.1, a council meeting or council committee meeting may be conducted by
videoconference, if, at least two days prior to the meeting, notice is given to the public respecting the
way in which the meeting is to be conducted.
a. The notice to the public must be given by:
i. publication in a newspaper circulating in the municipality.
ii. posting on the Municipality’s publicly accessible Internet site and in at least five conspicuous
places in the municipality; or
iii. such other method permitted by regulation.
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Effective Date: Month x, 202x
6.4. Notwithstanding section 6.1, where the Warden determines that there is an emergency, a meeting may
be conducted by videoconference without notice or with such notice as is possible in the circumstances.
6.5. A Council member may participate in a meeting that is otherwise being held in person, or part of a
meeting, by videoconference if:
a. prior to the meeting, the Council member provides written notice to the Clerk indicating that the
Council member wishes to attend the meeting by videoconference;
b. the Council member has not participated in more than [2] meetings by videoconference in the
preceding [12] months in addition to meetings in which all Council members participated by
videoconference;
c. the Council member has videoconferencing equipment available that will:
i. enable the public to see and hear the Council member participate in the meeting by
videoconference; and
ii. enable the Council member to see and hear each of the Council members who are attending
the Council Meeting by videoconference or in person.
d. the Municipality has videoconferencing equipment available that will:
i. enable the public to see and hear the Council member participate in the meeting by
videoconference;
ii. enable the Council member to see and hear each of the Council members who are attending
the Council Meeting by videoconference or in person; and
iii. enable every Council member who is attending the meeting by videoconference or in person
to see and hear all other Council members who are attending the meeting by
videoconference or in person.
Any person who attends a council or committee meeting by videoconference, pursuant to
this policy will be deemed to be present at the meeting.
6.6. Regular meetings of council will be held held on the Second and Last Thursday of each month at a time
determined by council.
6.7. Council may by resolution alter the time, day, and place of any meeting previously approved under this
policy.
6.8. Meetings of Council shall be livestreamed. Those recordings shall remain on the municipal YouTube
channel for a period of no less than six (6) months.
5.1. Meetings of Council, in each year, shall be held as follows:
a. Regular monthly meetings shall be held on the Second and Last Thursday of each month beginning
November 1, 2008.
b. When a Council meeting falls upon a holiday within the Municipality of the District of Chester, or upon
a day deemed to be inappropriate by the Warden, the Warden shall set a new date within a month for
the Council to meet
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Effective Date: Month x, 202x
c. The date for regular monthly Council meetings may be changed to another day of the month, by a
resolution of Council.
5.2.6.9. The Clerk shall cause notice of each meeting of the Council to be given as required by the Municipal
Government Act.
5.3.6.10. Every meeting of Council shall be presided over by the Warden or, in his their absence, by the
Deputy Warden.
5.4.6.11. If both the Warden and the Deputy Warden are absent, the Council may appoint a chairman
from the members present.
5.5.6.12. All meetings of Council and Committees of Council shall be open and public except where may
be permitted to be ln Camera pursuant to the provisions of the Municipal Government Act.
5.6.6.13. All or any persons not Councillors or officials, attending meeting of Council merely as
spectators or otherwise, shall observe silence and order. Any such persons interrupting the proceedings
of the Council after being called to order by the Warden or Chairman and failing to comply, shall be
ordered to leave the room.
6.14. Subject to the Municipal Conflict of Interest Act, no Councillor shall leave the Council while in session
without permission of the Warden or Chairman.
5.7.6.15. ; Special Committees may retire to transact business with the consent of the Council.
6.7. ROLL CALL AND QUORUM
6.1.7.1. A majority of the members of Council (and the Warden or Chairman is considered a member of Council)
shall constitute a quorum for the transaction of business.
6.2.7.2. At the time appointed for any meeting of the Council, if ten minutes elapses without a quorum being
present, the members present shall meet, and
a. Adjourn the Council; or
b. Extend the time for the meeting of the Council for one half hour from the hour fixed for such
meetings when, if a quorum is still not present, the Council shall stand adjourned.
c.7.3. A Councillor not present when the meeting is called to order may have his their name entered as present
if he joins the Council at the place of meeting within thirty minutes after the opening of the session in
questions and if the Councillor calls the attention of the Clerk to that fact immediately on arrival.
6.3.7.4. Council may excuse, by resolution, the absence of a Councillor if it feels there is just cause.
6.4.7.5. A Councillor who, without the leave of Council is absent from three consecutive regular meetings of
the Council shall thereby vacate his their office, and the office shall be declared vacant by the Council,
whether or not the Councillor has vacated his their office (Section 16(3A) of the Municipal Elections Act).
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First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
7.8. MINUTES
8.1. The Cclerk 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. 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;
d. The substantive decisions made and actions taken;
e. The results of votes on all motions;
f. Attendance of staff;
g. The time the meeting went in and out of an in-camera session.
8.4. The minutes of each council meeting shall be presented to council at the next regular meeting for
confirmation. A copy of the minutes, corrected with any amendments shall be printed and entered into
the Minute Book and shall be deemed to be the original minutes of the Council.
8.5. The minutes of each committee meeting shall be presented to the committee at the next regular
meeting for confirmation.
a. Minutes of Committees may be provided to Council for information and receipt
b. Recommendations of Committees shall be provided to council for review and decision
The warden and the clerk shall sign minutes of council after council approval.
7.1.8.6. Upon the opening of each meeting of Council the minutes of the previous meeting shall be read or
circulated and after all the necessary corrections and amendments have been made and the minutes
approved, a correct copy shall be printed and entered into the Minute Book and shall be deemed to be
the original minutes of the Council.
9. AGENDA
9.1. 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.
9.2. 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.
9.3. Any of business not listed on the agenda is not permitted to be introduced at a meeting unless
authorized by motion of committee/council.
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Rules Governing Proceedings of Council Policy XXX
Notice of Intention to Adopt: Council – Month XX, 202X (202X-XXX)
First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
7.2.9.4. Unless a majority of Councillors consent to a different order of business, Generally, the at each Agenda
shall contain the following:meeting theCouncil shall conduct its business in the following order:
i. Call to order and opening
ii. Reading or circulation and approval of the minutes of the last meeting(s)
iii. Reports of officers, committees, boards and commissions
iii.iv. Business arising from the minutes or previous reports
iv. Discussion of items of urgency
v. Any necessary appointments of officers
vi.i. Reports of officers, committees, boards and commissions
vii. Business arising out of the reports
viii. Report of Nominating Committee and conclusion of appointments to committees
ix.vi. New Business
x.vii. Adjournment
7.3. The order of the business shall be at the discretion of the Chairman of the meeting.
8.10. VOTING
8.1.10.1. No motion shall be voted upon unless seconded and no un-seconded motion shall be made
twice in one session.
8.2.10.2. When a decision on any question is demanded, the chairman shall ask for a show of hands and
the Chairman shall then declare the result.
8.3.10.3. When any Councillor so requests, the name of the Councillor voting on any questions, and the
way they voted shall be entered in the minutes.
8.4. Subject to the Municipal Conflict of Interest Act, every member of Council, including the
10.4. Chairman, who is present when a motion is put, shall, vote on that motion.
8.5.10.5. Any Councillor who does not vote shall be deemed as voting in the negative.
8.6.10.6. As to the proceedings of Council, all questions arising in the Council shall be decided by a
majority of votes. In the event of a tie, the question voted on shall be deemed to be determined in the
negative.
8.7.10.7. As to the proceedings of committees of Council, all questions shall be decided by a majority of
votes.
8.8.10.8. The majority of members of a committee of Council shall constitute a quorum for the
transaction of business of that Committee.
9.11. RULES OF DEBATE
9.1.11.1. The rules and regulations contained in this by-lawpolicy shall be observed in all proceedings of
Council and any of its committees; and in any case for which provision is not made herein the procedure
to be followed shall be as described in Robert's Rules of Order as revised from time to time.
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First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
9.2.11.2. The Council or a committee, by unanimous vote, may suspend any rule of order provided for
in this by• lawpolicy and the suspension shall apply to all specified proceedings of that particular meeting
other than those that may be mandatory under the Municipal Government Act.
9.3. It shall be the duty of the Chairman,
a. a. To open the meeting of council by taking the chair and calling the members to order;
b. b. To announce the business before the Council in the order in which it is to be acted upon;
c. c. To receive and submit, in the proper manner, all motions presented by members of Council;
d. d. To put to a vote all questions that are regularly moved and seconded and to announce the result;
e. e. To rule as out of order motions which infringe the rules of procedure or which are illegal or ultra vi res
of the powers of Council;
f. f. To restrain members, within the rules of order, when engaged in debates;
g. To enforce, on all occasions, the observance of order and decorum among members;
h. To call by name any member persisting in breach of the rules or order of the Council, thereby ordering
him to vacate the Council Chambers;
i. To receive all messages and other communications and announce them to the Council;
j. To authenticate, by signature when necessary, all by-laws, resolutions, and minutes of the Council;
k. To advise the Council, when necessary or when referred to for the purpose, on a point of order;
l. To represent and support the Council, declaring its will and implicitly obeying its decisions in all things;
To ensure that the decisions of Council are in conformity with the laws and by-laws governing
m. the activities of the Council;
n. To adjourn the meeting when the business is concluded;
o. To adjourn the meeting, without question put, in the cause of grave disorder arising in the Council
Chambers.
p. p. To adjourn a meeting once without a vote for up to ten minutes.
9.4.11.3. Every member, prior to speaking to any question or motion, shall raise his their hand and wait
to be recognized by the Chairman. When two or more members raise their hands to speak, the Chairman
shall designate the member who has the floor and that member shall be the member who, in the opinion
of the Chairman, first raised his or hertheir hand.
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Effective Date: Month x, 202x
9.5.11.4. No Councillor shall speak more than twice on any motion except to explain a misconception of
his their remarks; however, the mover of a substantive motion shall have the right to speak a third time,
if necessary, to reply and sum up in closing the debate.
9.6.11.5. No Councillor shall speak more than ten minutes upon any matter at any one time, without
the leave of Council.
9.7.11.6. No Councillor shall stand, speak, or whisper, so as to interrupt any Councillor who is speaking
in Council.
9.8.11.7. If a Councillor wishes to explain a misunderstanding of a point theyhe has have made, they
shall ask he shall stand and ask leave of the chair; if permitted, he they shall explain only the
misunderstanding of his their words, without any further comment.
9.9.11.8. When a Councillor speaks he they shall address his their remarks to the chair, confine himself
themselves to the matter in question, avoid mentioning personalities, and avoid unbecoming language
and sit down when he they is are finished or when his their time for speaking has elapsed.
9.10.11.9. The Chairman may censure any Councillor who:
a. while speaking, impeaches the motives of another Councillor;
b. while speaking, treats another Councillor with personal disrespect;
c. passes between the chair and a Councillor who is speaking;
d. uses unbecoming language;
e. talks or acts so as to distract a Councillor who is speaking;
f. willfully violates any rule of order.
9.11.11.10. If a Councillor considers himself themself to have been personally aggrieved by a censure of
the Chairman, he they may appeal from such censure to the Council.
9.12.11.11. 38. Any such Councillor may speak on his their own behalf in relation to any such censure being
appealed to Council.
12. POINTS OF ORDER
12.1. The presiding officer shall decide all points of order.
12.2. The presiding officer shall call to order any member who violates any rule of order.
12.3. 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.
12.4. Once a point of order is raised, the presiding officer may decide on the point of order immediately or
they may permit debate on a point of order before making a decision.
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First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
12.5. he 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.
12.6. 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.
12.7. The decision of the Chairmanpresiding officer may be challenged by a motion from the floor, which must
be duly seconded, to dissent from the ruling of the cChairpresiding officer. Such a motion is not
debatable and the Chairmanpresiding officer shall forthwith put the question in this manner "Shall the
decision of the chair be upheld?"
12.8. If the question does not receive majority support, the ruling of the Chairmanpresiding officer on the
point is not sustained and is overturned.
10.
10.1. The Chairman shall, and any Councillor may, call to order any Councillor who violates any rule of order.
10.2. When a Councillor speaks to a point of order the question or order shall be decided before the matter
under discussion is proceeded with, and when any Councillor is called to order he they shall take his
their seat until the point of order is determined.
10.3. The Chairman shall decide on points of order and the Chairman may make a decision immediately or
may permit debate on the point of order before making a decision.
10.4.1.1. The decision of the Chairman may be challenged by a motion from the floor, which must be
duly seconded, to dissent from the ruling of the cChair. Such a motion is not debatable and the Chairman
shall forthwith put the question in this manner "Shall the decision of the chair be upheld?"
10.5.1.1. If the question does not receive majority support, the ruling of the Chairman on the point is
not sustained and is overturned.
11.13. MOTIONS
11.1.13.1. When a motion is before the cCouncil/committee and under debate no other motion shall be
entertained until the motion under debate is decided, except for the following:
a. A motion in amendment to the original motion;
b. A motion to refer the matter, including the motion, to any board, or committee or staff member(s)
or members;
c. A motion to close the debate at a specified time;
d. A motion that the motion be now put;
e. A motion to lay on the table;
f. A motion to adjourn.
Formatted: Normal
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11.2.13.2. A motion to refer a matter shall state to whom the matter is referred, what information is
desired and when the matter shall be brought back to the floor of Council to resume consideration and
debate.
11.3.13.3. A motion to adjourn shall always be in order, except in the following cases:
a. When a CCouncillor/member is speaking;
b. When the cCouncil/committee is voting;
c. When the preceding motion was one of adjournment.
11.4.13.4. No debate shall be allowed on the following motions:
a. A motion to set the time for adjournment but only as to the time of adjournment;
b. A motion to adjourn;
c. A motion to reconsider an earlier decision of cCouncil except as allowed in section 53;
d. A motion for leave for any person, not a member of Councilcouncil/committee, to address the
Councilcouncil/committee;
e. A motion to change or suspend the order of business;
f. A motion to allow a member to speak more than the prescribed number of times;
g. A motion to dissent from the ruling of the chair on a point of order.
11.5.13.5. Limited debate only shall be allowed on the following motions:
a. A motion to refer a matter to a board or committee or staff member or members and to be
brought back to cCouncil/committee at a specified time may be debated only as to whom the
matter is to be referred, what specific information is desired, or when the matter shall be brought
back to the floor of cCouncil/committee;
b. A motion that the motion be now put shall not be voted on until after every member who has not
spoken on the motion already, and who wishes to speak, has been heard.
12.14. AMENDMENTS
12.1.14.1. An amendment must be relevant to the subject matter of the motion under debate.
12.2.14.2. An appeal shall lie to the members of the council/committee Council from any decision of the
chairman on the relevancy or acceptance of an amendment and the appeal shall be handled similarly to
an appeal of the chairman's decision on a point of order.
12.3.14.3. Each amendment, when properly on the floor, shall be decided before the main question is to
put to a vote.
12.4.14.4. No more than one amendment and a sub-amendment shall be received by the chairman or
considered by council/committee Council at any one time.
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First Notice: Council – Month XX, 202X (202X-XXX)
Second Notice: Council – Month XX, 202X (202X-XXX)
Effective Date: Month x, 202x
12.5.14.5. The chairman shall make all efforts to clarify the wording being voted on when
council/committee Council is ready to vote on a sub-amendment, an amendment and then the main
motion.
13.15. RECONSIDERATION
13.1.15.1. After a question has been decided, whether in the affirmative or the negative, and after the
decision has been announced from the chair Chair any member of the council/committee Council who
voted on the prevailing side may give notice at the same meeting that he or shethey will move a
reconsideration of the question at the next meeting of that body.
13.2.15.2. After notice of reconsideration has been given, no action shall be taken to carry into effect
the main motion until after the motion to reconsider has been disposed of at the next meeting. The main
motion to be reconsidered does not come back on the floor of council/committee Council for debate
until the motion to reconsider has been moved, seconded and has received the majority vote of Council.
13.3.15.3. A motion to reconsider shall not be debatable except that the member who gave the notice of
motion to reconsider has the privilege of stating his their reasons for doing so.
13.4.15.4. Any question shall not be reconsidered more than once; nor shall a vote on a motion to
reconsider be reconsidered.
14.16. NOTICE OF MOTION
14.1.16.1. Verbal notice of motion should be made at a meeting if a member is intending to bring up an
important or complicated matter for discussion at the next meeting of the same body and failure to give
such notice may, at the discretion of the Chairman, result in the motion being deferred to a subsequent
meeting.
14.2.16.2. When a member is absent from a meeting for which he or shethey has have previously given
a notice of motion, such motion may be taken up by any other member at that meeting and that other
member may make a motion in accordance with the notice of motion.
14.3.16.3. When a member's notice of motion has been called for from the chair Chair at two successive
meetings and has not been proceeded with, it shall be dropped from the agenda, and deemed to have
been withdrawn, unless Council otherwise decides.
15.17. PETITIONS
15.1.17.1. Every ratepayer, resident or elector of the Municipality, and every corporation doing business
therein, shall have the right to be heard before Council by petition and every petitioner, if there is only
one, or by representative, if there is more than one, shall be entitled to be heard at the time of
presentation of the petition.
15.2.17.2. Persons accompanying the petitioner may be heard, in support of such petition, if they have
obtained consent by a majority vote of the Council.
15.3.17.3. Every petition shall be presented to the Council either by a member of Council or by the Clerk
and the individual representing the petition shall be prepared to advise Council that the petition does
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Effective Date: Month x, 202x
not contain any impertinent or improper matter and that the petition shows due respect and reference
in its language and contents.
15.4.17.4. When petitioners, or persons speaking in support of a petition, address Council, they shall
exhibit the utmost of respect and reverence for the Council and its members both in speech and in
action; and they shall at no time argue with the Council in answer to any question put by the Council or
by a Council member, but they shall answer the same respectfully.
15.5.17.5. Every communication, including a petition designed to presented to the Council, shall be
legibly written or printed and shall not contain any obscene or improper matter or language and shall
be signed by at least one person and filed with the Clerk.
15.6.17.6. The filing of a petition with the Clerk shall be done at least one week before the first day of the
meeting of Council at which it is to be considered, and the Clerk shall keep a book containing a record of
all petitions so filed.
16.18. VERBAL PRESENTATIONS (DEPUTATIONS)
16.1.18.1. No person, not a member of council/committeeCouncil, shall be heard without permission of
the council/committeeCouncil; and such person shall be limited to ten minutes in addressing the
council/committeeCouncil.
16.2.18.2. Any delegation, wishing to address the council/committee Council, shall give notice of such
request to the Clerk at least seven clear days prior to the council/committee Council meeting at which
such delegation is to appear.
16.3.18.3. All clauses in this by-lawpolicy, except the ones under the headings "ELECTIONS" and
"MEETINGS" shall apply to meetings of Councillors when meeting as "Committee-of-the-Whole", and in
such cases, the words "Committee-of-the-Whole" shall be read in the place of the word "Council".
16.4. In this by-law the masculine shall include the feminine gender and the singular shall include the plural.
16.5.18.4. By-Law #79 "Rules Governing Proceedings of Council", and Policy P-10 “Regular Council
Meetings” are is hereby repealed.
MUNICIPALITY OF THE DISTRICT OF CHESTER
POLICY P -10
REGULAR COUNCIL MEETINGS
Regular Council meeting of Chester Municipal Council shall be held on the second Thursday and the last
Monday of each month in the Municipal Council Chambers. Meetings will commence at 8:45 a.m. Notice
of a change in meeting time or date is to be published in a local paper circulating in the area.
This policy will become effective on May 1, 2001.
Notice given March 28 "', 2001
Adopted April 12 "', 2001 (2001.171)
21
MUNICIPALITY OF THE DISTRICT OF CHESTER
BY-LAWS
BY-LAW #79
RULES GOVERNING PROCEEDINGS OF COUNCIL
DEFINITIONS
1. In this by-law all words shall have their meaning as described in standard English dictionaries except
for the following:
a. "Casting Vote" means a vote in the hands of the chairman of a meeting which is only to be used
in the case of a tie vote amongst the general members.
b. "Chairman" means:
i. the Warden; or
ii. in the absence of the Warden, the Deputy Warden; or
iii. in the absence of the Warden and the Deputy Warden, the member appointed by Council
to preside; or
iv. until a Warden has been elected, the Clerk.
c. "Meeting" means a complete meeting and covers the period of time in which members are
actually sitting, from the official opening of a meeting until the final adjournment thereof,
regardless of the number or length of sessions which may be held and then terminated by
temporary recesses or adjournments.
d. "Point of Order" means:
i. any breach of the rules of order of Council; or
ii. any defect in the constitution of any meetings of the Council; or
iii. the use of improper, offensive or abusive language; or
iv. any other informality or irregularity in the proceedings of Council.
e. "Procedural Motion" means any motion dealing strictly with procedure and, without limiting the
generality of the foregoing, includes the following: motions to extend the time of a meeting,
motions to refer, motions to amend, motions to table, motions to postpone indefinitely or
definitely, motions to adjourn.
f. "Sessions" means the proceedings of Council held on any one day.
g.
"Substantive Motion" means any motion other than a procedural motion, a question of privilege
or a point of order.
ELECTIONS
Rules Governing Proceedings of Council (continued) Page 2
2. The Council members shall elect the Warden at the first meeting after the election of the Council and,
if the office of Warden becomes vacant, the Council shall elect a Warden at the first meeting following
such vacancy. The term of office shall be when the term of the Council expires.
3. The Council may elect a Deputy Warden at any meeting after the election of Council and thence upon
the expiry of the Term of Office for Deputy Warden. The term of office shall consist of two terms, with
the first term expiring at the end of the second year of the Warden's term and the second term expiring
at the end of the Council term.
4. The election of Warden and Deputy Warden shall be by ballot.
5. Where only one person is nominated for an office and nominations have been closed by resolution, the
chairman shall declare that person elected to the office in question, by acclamation.
6. Subject to Sections 12 and 16 of the Municipal Government Act where more than two persons are
nominated for election to an office and no nominee receives, on the first vote or ballot, a majority of
the votes of the Councillors present, the name of the nominee who receives the least number of votes
shall be dropped from the vote or ballot and the Council shall vote again. In the event of a tie vote for
two or more nominees having the least number of votes and the addition of one vote would entitle one
or more of the nominees to remain on subsequent ballots, the Clerk shall determine the nominee to be
added to the subsequent ballot by Lot.
The Council shall vote up to three times after the number of candidates still on the ballot has been
reduced to two or until one of the nominees has a majority of the votes of the Councillors present.
In the event of a tie vote for two or more candidates for the office being voted upon and the addition
of one vote would entitle one or more of the candidates to be declared elected and where Council has
voted up to three times to break the tie vote, the Clerk shall determine the candidate or the candidates
to be declared elected by lot.
"Lot" means the method of determining the successful candidate by placing the names of the
candidates on equal size pieces of paper and placed in a box and one name being drawn by the Clerk
as set out in the Municipal Elections Act.
MEETINGS
7. Except where some other place is designated by a resolution of Council, all meetings of the Council
shall be held in the Council Chamber of the Municipal Administration Building.
8. Meetings of Council, in each year, shall be held as follows:
a. Regular monthly meetings shall be held on the Second and Last Thursday of each month
beginning November 1, 2008.
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9. When a Council meeting falls upon a holiday within the Municipality of the District of Chester, or upon
a day deemed to be inappropriate by the Warden, the Warden shall set a new date within a month for
the Council to meet.
10. The date for regular monthly Council meetings may be changed to another day of the month, by a
resolution of Council.
11. The Clerk shall cause notice of each meeting of the Council to be given as required by the Municipal
Act.
12. Every meeting of Council shall be presided over by the Warden or, in his absence, by the Deputy
Warden.
13. If both the Warden and the Deputy Warden are absent, the Council may appoint a chairman from the
members present.
14. All meetings of Council and Committees of Council shall be open and public except where may be
permitted to be Aln Camera@ pursuant to the provisions of the Municipal Government Act.
15. All or any persons not Councillors or officials, attending meeting of Council merely as spectators or
otherwise, shall observe silence and order. Any such persons interrupting the proceedings of the
Council after being called to order by the Warden or Chairman and failing to comply, shall be ordered
to leave the room.
16. Subject to the Municipal Conflict of Interest Act, no Councillor shall leave the Council while in session
without permission of the Warden or Chairman; Special Committees may retire to transact business
with the consent of the Council.
ROLL CALL AND QUORUM
17. A majority of the members of Council (and the Warden or Chairman is considered a member of Council)
shall constitute a quorum for the transaction of business.
18. At the time appointed for any meeting of the Council, if ten minutes elapses without a quorum being
present, the members present shall meet, and
a. Adjourn the Council; or
b. Extend the time for the meeting of the Council for one half hour from the hour fixed for such
meetings when, if a quorum is still not present, the Council shall stand adjourned.
19. A Councillor not present when the meeting is called to order may have his name entered as present if
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he joins the Council at the place of meeting within thirty minutes after the opening of the session in
questions and if the Councillor calls the attention of the Clerk to that fact immediately on arrival.
20. Council may excuse, by resolution, the absence of a Councillor if it feels there is just cause.
21. A Councillor who, without the leave of Council is absent from three consecutive regular meetings of the
Council shall thereby vacate his office, and the office shall be declared vacant by the Council, whether
or not the Councillor has vacated his office (Section 16(3A) of the Municipal Elections Act).
MINUTES
22. Upon the opening of each meeting of Council the minutes of the previous meeting shall be read or
circulated and after all the necessary corrections and amendments have been made and the minutes
approved, a correct copy shall be printed and entered into the Minute Book and shall be deemed to be
the original minutes of the Council.
AGENDA
23.
a. Unless a majority of Councillors consent to a different order of business, at each meeting the
Council shall conduct its business in the following order:
i. Call to order and opening
ii. Reading or circulation and approval of the minutes of the last meeting
iii. Business arising from the minutes
iv. Discussion of items of urgency
v. Any necessary appointments of officers
vi. Reports of officers, committees, boards and commissions
vii. Business arising out of the reports
viii. Report of Nominating Committee and conclusion of appointments to committees
ix. New Business
x. Adjournment
b. The order of the business shall be at the discretion of the Chairman of the meeting.
VOTING
24.
a. No motion shall be voted upon unless seconded and no un-seconded motion shall be made
twice in one session.
b. When a decision on any question is demanded, the chairman shall ask for a show of hands and
the Chairman shall then declare the result.
c. When any Councillor so requests, the name of the Councillor voting on any questions, and the
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way they voted shall be entered in the minutes.
d. Subject to the Municipal Conflict of Interest Act, every member of Council, including the
Chairman, who is present when a motion is put, shall, vote on that motion.
e. Any Councillor who does not vote shall be deemed as voting in the negative.
25. As to the proceedings of Council, all questions arising in the Council shall be decided by a majority of
votes. In the event of a tie, the question voted on shall be deemed to be determined in the negative.
26. As to the proceedings of committees of Council, all questions shall be decided by a majority of votes.
The majority of members of a committee of Council shall constitute a quorum for the transaction of
business of that Committee.
RULES OF DEBATE
27. The rules and regulations contained in this by-law shall be observed in all proceedings of Council and
any of its committees; and in any case for which provision is not made herein the procedure to be
followed shall be as described in Robert's Rules of Order as revised from time to time.
28. The Council or a committee, by unanimous vote, may suspend any rule of order provided for in this by-
law and the suspension shall apply to all specified proceedings of that particular meeting other than
those that may be mandatory under the Municipal Government Act.
29. It shall be the duty of the Chairman,
a. To open the meeting of council by taking the chair and calling the members to order;
b. To announce the business before the Council in the order in which it is to be acted upon;
c. To receive and submit, in the proper manner, all motions presented by members of Council;
d. To put to a vote all questions that are regularly moved and seconded and to announce the result;
e. To rule as out of order motions which infringe the rules of procedure or which are illegal or ultra
vires of the powers of Council;
f. To restrain members, within the rules of order, when engaged in debates;
g. To enforce, on all occasions, the observance of order and decorum among members;
h. To call by name any member persisting in breach of the rules or order of the Council, thereby
ordering him to vacate the Council Chambers;
i. To receive all messages and other communications and announce them to the Council;
j. To authenticate, by signature when necessary, all by-laws, resolutions, and minutes of the Council;
k. To advise the Council, when necessary or when referred to for the purpose, on a point of order;
I. To represent and support the Council, declaring its will and implicitly obeying its decisions in all
things;
m. To ensure that the decisions of Council are in conformity with the laws and by-laws governing
the activities of the Council;
n. To adjourn the meeting when the business is concluded;
o. To adjourn the meeting, without question put, in the cause of grave disorder arising in the Council
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Chambers.
p. To adjourn a meeting once without a vote for up to ten minutes.
30. Every member, prior to speaking to any question or motion, shall raise his hand and wait to be
recognized by the Chairman. When two or more members raise their hands to speak, the Chairman
shall designate the member who has the floor and that member shall be the member who, in the
opinion of the Chairman, first raised his or her hand.
31. No Councillor shall speak more than twice on any motion except to explain a misconception of his
remarks; however, the mover of a substantive motion shall have the right to speak a third time, if
necessary, to reply and sum up in closing the debate.
32. No Councillor shall speak more than ten minutes upon any matter at any one time, without the leave
of Council.
33. No Councillor shall stand, speak or whisper so as to interrupt any Councillor who is speaking in Council.
34. If a Councillor wishes to explain a misunderstanding of a point he has made, he shall stand and ask
leave of the chair; if permitted, he shall explain only the misunderstanding of his words, without any
further comment.
35. When a Councillor speaks he shall address his remarks to the chair, confine himself to the matter in
question, avoid mentioning personalities, avoid unbecoming language and sit down when he is finished
or when his time for speaking has elapsed.
36. The Chairman may censure any Councillor who:
a. while speaking, impeaches the motives of another Councillor;
b. while speaking, treats another Councillor with personal disrespect;
c. passes between the chair and a Councillor who is speaking;
d. uses unbecoming language;
e. talks or acts so as to distract a Councillor who is speaking;
f. willfully violates any rule of order.
37. If a Councillor considers himself to have been personally aggrieved by a censure of the Chairman, he
may appeal from such censure to the Council.
38. Any such Councillor may speak on his own behalf in relation to any such censure being appealed to
Council.
POINTS OF ORDER
39. The Chairman shall, and any Councillor may, call to order any Councillor who violates any rule of order.
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40. When a Councillor speaks to a point of order the question or order shall be decided before the matter
under discussion is proceeded with, and when any Councillor is called to order he shall take his seat
until the point of order is determined.
41. The Chairman shall decide on points of order and the Chairman may make a decision immediately or
may permit debate on the point of order before making a decision.
42. The decision of the Chairman may be challenged by a motion from the floor, which must be duly
seconded, to dissent from the ruling of the chair. Such a motion is not debatable and the Chairman
shall forthwith put the question in this manner "Shall the decision of the chair be upheld?"
43. If the question does not receive majority support, the ruling of the Chairman on the point is not
sustained and is overturned.
MOTIONS
44. When a motion is before the Council and under debate no other motion shall be entertained until the
motion under debate is decided, except for the following:
a. A motion in amendment to the original motion;
b. A motion to refer the matter, including the motion, to any board, or committee or staff member
or members;
c. A motion to close the debate at a specified time;
d. A motion that the motion be now put;
e. A motion to lay on the table;
f. A motion to adjourn.
45. A motion to refer a matter shall state to whom the matter is referred, what information is desired and
when the matter shall be brought back to the floor of Council to resume consideration and debate.
46. A motion to adjourn shall always be in order, except in the following cases:
a. When a Councillor is speaking;
b. When the Council is voting;
c. When the preceding motion was one of adjournment.
47. No debate shall be allowed on the following motions:
a. A motion to set the time for adjournment but only as to the time of adjournment;
b. A motion to adjourn;
c. A motion to reconsider an earlier decision of Council except as allowed in section 53;
d. A motion for leave for any person, not a member of Council, to address the Council;
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e. A motion to change or suspend the order of business;
f. A motion to allow a member to speak more than the prescribed number of times;
g. A motion to dissent from the ruling of the chair on a point of order.
48. Limited debate only shall be allowed on the following motions:
a. A motion to refer a matter to a board or committee or staff member or members and to be
brought back to Council at a specified time may be debated only as to whom the matter is to be
referred, what specific information is desired, or when the matter shall be brought back to the
floor of Council;
b. A motion that the motion be now put shall not be voted on until after every member who has
not spoken on the motion already, and who wishes to speak, has been heard.
AMENDMENTS
49. a. An amendment must be relevant to the subject matter of the motion under debate.
b. An appeal shall lie to the members of the Council from any decision of the chairman on the
relevancy or acceptance of an amendment and the appeal shall be handled similarly to an appeal
of the chairman's decision on a point of order.
50. Each amendment, when properly on the floor, shall be decided before the main question is to put to a
vote.
51. No more than one amendment and a sub -amendment shall be received by the chairman or considered
by Council at any one time.
52. The chairman shall make all efforts to clarify the wording being voted on when Council is ready to vote
on a sub -amendment, an amendment and then the main motion.
RECONSIDERATION
53. After a question has been decided, whether in the affirmative or the negative, and after the decision
has been announced from the chair any member of the Council who voted on the prevailing side may
give notice at the same meeting that he or she will move a reconsideration of the question at the next
meeting of that body.
54. After notice of reconsideration has been given, no action shall be taken to carry into effect the main
motion until after the motion to reconsider has been disposed of at the next meeting. The main motion
to be reconsidered does not come back on the floor of Council for debate until the motion to reconsider
has been moved, seconded and has received the majority vote of Council.
55. A motion to reconsider shall not be debatable except that the member who gave the notice of motion
to reconsider has the privilege of stating his reasons for doing so.
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56. Any question shall not be reconsidered more than once; nor shall a vote on a motion to reconsider be
reconsidered.
NOTICE OF MOTION
57. Verbal notice of motion should be made at a meeting if a member is intending to bring up an important
or complicated matter for discussion at the next meeting of the same body and failure to give such
notice may, at the discretion of the Chairman, result in the motion being deferred to a subsequent
meeting.
58. When a member is absent from a meeting for which he or she has previously given a notice of motion,
such motion may be taken up by any other member at that meeting and that other member may make
a motion in accordance with the notice of motion.
59. When a member's notice of motion has been called for from the chair at two successive meetings and
has not been proceeded with, it shall be dropped from the agenda, and deemed to have been
withdrawn, unless Council otherwise decides.
PETITIONS
60. Every ratepayer, resident or elector of the Municipality, and every corporation doing business therein,
shall have the right to be heard before Council by petition and every petitioner, if there is only one, or
by representative, if there is more than one, shall be entitled to be heard at the time of presentation of
the petition.
61. Persons accompanying the petitioner may be heard, in support of such petition, if they have obtained
consent by a majority vote of the Council.
62. Every petition shall be presented to the Council either by a member of Council or by the Clerk and the
individual representing the petition shall be prepared to advise Council that the petition does not
contain any impertinent or improper matter and that the petition shows due respect and reference in
its language and contents.
63. When petitioners, or persons speaking in support of a petition, address Council, they shall exhibit the
utmost of respect and reverence for the Council and its members both in speech and in action; and
they shall at no time argue with the Council in answer to any question put by the Council or by a Council
member, but they shall answer the same respectfully.
64. Every communication, including a petition designed to presented to the Council, shall be legibly written
or printed and shall not contain any obscene or improper matter or language and shall be signed by at
least one person and filed with the Clerk.
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65. The filing of a petition with the Clerk shall be done at least one week before the first day of the meeting
of Council at which it is to be considered, and the Clerk shall keep a book containing a record of all
petitions so filed.
VERBAL PRESENTATIONS (DEPUTATIONS)
66.
a. No person, not a member of Council, shall be heard without permission of the Council; and such
person shall be limited to ten minutes in addressing the Council.
b. Any delegation, wishing to address the Council, shall give notice of such request to the Clerk at
least seven clear days prior to the Council meeting at which such delegation is to appear.
67. All clauses in this by-law, except the ones under the headings "ELECTIONS" and "MEETINGS" shall apply
to meetings of Councillors when meeting as "Committee -of -the -Whole", and in such cases, the words
"Committee -of -the -Whole" shall be read in the place of the word "Council".
68. In this by-law the masculine shall include the feminine gender and the singular shall include the plural.
69. By -Law #2 "Rules Governing Proceedings of Council" is hereby repealed.