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MUNICIPAL COUNCIL
AGENDA
SPECIAL MEETING
Thursday, June 2, 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. MATTERS ARISING
4.1 BY-LAW – Second/Final Reading – ADOPTION of Outdoor Dining By-Law #153 – to
provide for the licensing of outdoor dining areas of appropriate design, configuration, and
appearance during the spring, summer, and fall.
4.2 BY-LAW – Second/Final Reading – REPEAL of Rules Governing Proceedings of Council By-
Law #79. A new Policy P- 109 Council and Committee Procedural Policy has been adopted
in place of the by-law.
5. ADJOURNMENT
SECOND/FINAL READING – JUNE 2, 2022
Municipality of the District of Chester
Outdoor Dining By-Law
By-Law No. 153
Adopted:
Municipality of Chester Outdoor Dining By-Law 2
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
MUNICIPALITY OF CHESTER
OUTDOOR DINING BY-LAW
1) Purpose, Scope, Authority
a. Notwithstanding any contrary provisions of the Chester Village Land Use By-law or the Chester
Municipal Land Use By-law, an Owner/Operator licenced pursuant to this By-law may operate
within the Outdoor Dining area in accordance with that Licence while it is in effect. Upon the
expiration, termination, or suspension of the Licence the provisions of the applicable Land Use
By-law shall then apply to the Outdoor Dining Area.
b. 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.
c. 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 or
the property where the business is located 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).
Municipality of Chester Outdoor Dining By-Law 3
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
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.
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
April 15 to October 31 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:
Municipality of Chester Outdoor Dining By-Law 4
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
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.
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, where applicable.
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. 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.
i. any tents, domes, tarpaulins and decorative materials shall conform to Can/ULC-S109, “Flame
Tests of Flame-Resistant Fabrics and Films.”
j. maintain a minimum width of 1600 mm of unobstructed (barrier free) access to the entrance of
the building.
k. 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:
Municipality of Chester Outdoor Dining By-Law 5
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
a. be separated from vehicular parking by a safety barrier as approved by the provincial
department responsible for transportation.
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.
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 1.5 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.
Municipality of Chester Outdoor Dining By-Law 6
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
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.
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 7
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
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 8
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
SCHEDULE B
PROTRUDING OBJECTS 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 9
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
Annotation for Official By-Law Book
Date of First Reading
May 12, 2022
2022-200
Date of advertisement of Notice of Intent to Consider
May 18, 2022
Lighthouse NOW
Date of Second Reading June 2, 2022
Date of advertisement of passage of By-Law
Date of mailing to Minister a certified copy of By-Law
Effective Date
I certify that this Outdoor Dining By-Law #153 was adopted by Council and published as indicated above
________________________________ ________________________
Pamela M. Myra, Municipal Clerk Date
Municipality of Chester Outdoor Dining By-Law 10
____________________________________________________________________________________
Notice of Intention to Adopt – Council – May 9, 2022 (2022-182)
First Notice – Council – May 12, 2022 (2022-200)
Second/Final Notice – Council – June 2, 2022
Date of Approval in local Newspaper –
I, Pamela M. Myra, Municipal Clerk of the
Municipality of the District of Chester do hereby
certify that the above is a true copy of an
advertisement duly advertised in the Lighthouse
NOW edition on June 8, 2022.
Given under the hand of the Municipal Clerk and
under the corporate seal of the said
Municipality this ___ day of June, 2022.
__________________________________
Pamela M. Myra
Municipal Clerk
SECOND/FINAL NOTICE TO REPEAL – JUNE 2, 2022
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 of 12
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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.
Rules Governing Proceedings of Council (continued) Page 3 of 12
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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 “In 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
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.
Rules Governing Proceedings of Council (continued) Page 4 of 12
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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
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.
Rules Governing Proceedings of Council (continued) Page 5 of 12
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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;
l. 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
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.
Rules Governing Proceedings of Council (continued) Page 6 of 12
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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.
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
Rules Governing Proceedings of Council (continued) Page 7 of 12
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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;
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
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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.
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
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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.
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".
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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.
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Annotation for Official By-Law Book
Amendment:
?
Date of First Reading
Date of advertisement of Notice of Intent to Consider
Date of Second Reading
Date of advertisement of passage of By-Law *
Date of mailing to Minister a certified copy of By-Law
Effective Date
I certify that that By-Law No. 79 Rules Governing Proceedings of Council was amended by
Council and published as indicated above
_______________________________________ ___________________
Pamela M. Myra, Municipal Clerk Date
Rules Governing Proceedings of Council (continued) Page 12 of 12
I, Pamela M. Myra, Municipal Clerk of the
Municipality of the District of Chester do
hereby certify that the above is a true copy
of an advertisement duly advertised in the
Progress Bulletin on November 30, 2016.
Given under the hand of the Municipal Clerk
and under the corporate seal of the said
Municipality this 30th day of November,
2016.
__________________________________
Pamela M. Myra
Municipal Clerk