BYLAW - Procedural By law - 20111122 - 533011THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5330-11
BEING A BY-LAW to govern
the procedures of The Council
of the Corporation of the
Town of Aurora and its
Committees and Boards.
WHEREAS subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that every municipality and local board shall pass a procedure by-law for
governing the calling, place and proceedings of meetings;
AND WHEREAS the Council of The Corporation of the Town of Aurora considers it
necessary and desirable to enact a By-law in this regard and to repeal any prior procedural
by-laws and any amendments thereto;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
INDEX
SECTION 1 —DEFINITIONS ............................................................................................4
PART I — MEETINGS OF COUNCIL...............................................................................6
SECTION 2 — CALLING OF MEETINGS.............................................................................6
APPLICATION.............................................................................................................
6
INAUGURAL MEETING.................................................................................................
6
REGULAR COUNCIL AND GENERAL COMMITTEE MEETINGS ............................................
6
TAPING, TELEVISING, RECORDING................................................................................
6
JULY/AUGUST MEETINGS.............................................................................................
7
PUBLIC PLANNING MEETINGS......................................................................................
7
SPECIAL COUNCIL MEETINGS......................................................................................
7
SPECIAL COUNCIL MEETING AGENDA.........................................................................
7
NOTICE TO MEMBERS.................................................................................................
7
NOTICE TO MEDIA AND PUBLIC...................................................................................
7
CONTENT OF NOTICE................................................................................................. 8
CANCELLATION/POSTPONEMENT................................................................................. 8
PUBLICHOLIDAYS....................................................................................................... 8
FAILURE TO MEET NOTICE PROVISIONS......................................................................... 8
MEETINGS OPEN TO THE PUBLIC.................................................................................. 9
1(26)
CLOSED MEETINGS.....................................................................................................
9
PRIOR PUBLIC RESOLUTION.........................................................................................
9
OPENVOTES............................................................................................................
10
CLOSED SESSION VOTES...........................................................................................
10
RECORD OF CLOSED SESSION MEETING.....................................................................
10
SECTION 3 - ORDER OF BUSINESS..............................................................................10
OPENFORUM..........................................................................................................
10
ORDER OF BUSINESS.................................................................................................
11
QUORUM................................................................................................................
12
REVISEDAGENDA....................................................................................................
12
DELEGATIONS..........................................................................................................
12
BEHAVIOUR..............................................................................................................
13
CURTAILMENT OF TIME..............................................................................................
13
ExPULSION...............................................................................................................
13
CORRESPONDENCE..............................................................................................:...
14
NOTICEOF MOTION.................................................................................................
14
NEW BUSINESS/GENERAL INFORMATION.....................................................................
14
PROCLAMATIONS/RESOLUTIONS................................................................................
14
ADJOURNMENT........................................................................................................
15
CONTENT OF MINUTES OF COUNCIL AND GENERAL COMMITTEE ..................................
15
APPROVAL..............................................................................................................
15
SIGNATURE..............................................................................................................
16
SECTION 4 - CONDUCT OF MEETINGS.........................................................................16
DUTIES OF THE CHAIR................................................................................................ 16
DEPUTYMAYOR....................................................................................................... 17
CONDUCT OF MEMBERS........................................................................................... 17
SUSPENSION OF PROCEDURAL REQUIREMENTS............................................................ 18
STATUTORY HEARINGS............................................................................................... 18
RULESOF ORDER..................................................................................................... 18
DISCLOSURES OF PECUNIARY INTEREST AND GENERAL NATURE THEREOF ........................ 18
SECTION 5 - RULES OF DEBATE.................................................................................19
SECTION 6 - MOTIONS...............................................................................................20
MUST BESECONDED................................................................................................. 20
MOVER AND SECONDER MAY VOTE IN OPPOSITION ................................................... 20
WITHDRAWAL........................................................................................................... 20
ULTRAVIRES............................................................................................................. 20
SECTION 7 - SPECIFIC MOTIONS.................................................................................20
MOTION TO RECESS.................................................................................................
20
MOTION TO ADJOURN.............................................................................................
20
MOTION TO CALL THE QUESTION...............................................................................
20
MOTION TO TABLE....................................................................................................
21
2(26)
MOTIONTO DEFER................................................................................................... 21
MOTIONTO REFER.................................................................................................... 21
MOTION TO AMEND................................................................................................. 21
MOTION TO POSTPONE INDEFINITELY.......................................................................... 21
SECTION 8 -VOTING .................................................................................................22
ORDEROF VOTES.....................................................................................................
22
MEMBERSMUST VOTE...............................................................................................
22
ACTIONS DURING VOTES..........................................................................................
22
SPLITVOTES.............................................................................................................
22
FAILURE TO VOTE DEEMED NEGATIVE.........................................................................
23
MAJORITYVOTE.......................................................................................................
23
TIEVOTE..................................................................................................................
23
METHOD OF VOTING................................................................................................
23
RECORDEDVOTE.....................................................................................................
23
CLERK TO ANNOUNCE RESULTS OF RECORDED VOTE ..................................................
23
RECONSIDERATION OF MATTER..................................................................................
23
BY-LAWS..................................................................................................................
24
PART 11- GENERAL PROVISIONS.............................................................................24
SECTION 9 - GENERAL COMMITTEE............................................................................24
SECTION 10 -AUDIT COMMITTEE...............................................................................25
SECTION 11 - REVIEW OF PROCEDURAL BY-LAW.........................................................25
SECTION 12 - REVIEW OF COUNCIL CODE OF ETHICS..................................................25
SECTION 13 - SEVERABILITY......................................................................................25
SECTION14 - CONFLICT............................................................................................25
SECTION 15 - ENACTMENT.........................................................................................25
3(26)
Section 1- Definitions
In this By-law, the following terms shall have the following meanings:
1.1 "Act" shall mean the Municipal Act, 2001, S.O. 2001, c. 25, as amended or re-
enacted from time to time;
1.2 "Audit Committee" shall mean the General Committee and shall have separate
terms of reference for its Audit Committee functions.
1.3 "C.A.O." shall mean the Chief Administrative Officer for the Town;
1.4 "Chair" shall mean the person presiding at a Meeting in accordance with the
provisions in this By-law governing that Meeting;
1.5 "Clerk" shall mean the Town Clerk of The Corporation of the Town of Aurora, or
his/her designate;
1.6 "Closed Session" shall mean a Meeting that is closed to the public;
1.7 "Committee" shall mean an Advisory Committee or similar body comprised of
members of Council and/or members of the public, but does not include the General
Committee;
1.8 "Council' shall mean The Council of the Corporation of the Town of Aurora
consisting of the Mayor and eight (8) Councillors;
1.9 "Delegation" shall mean an address to Council or a Committee at the request of a
person wishing to speak;
1.10 "General Committee" shall mean all of the Members of Council sitting in committee
and shall report to and make recommendations to Council;
1.11 'Inaugural Meeting" shall mean the first meeting of Council after a regular election
as set out in section 230 of the Act;
1.12 "Local Board" shall mean a body established by Council pursuant to a specific
statutory authority;
1.13 "Majority vote" shall mean an affirmative vote of more than one-half of the Members
present and voting
1.14 "Meeting" shall mean any Regular or Special or other Meeting of Council, General
Committee, Local Board or a Committee thereof;
1.15 "Member(s)" shall mean a Member of Council and its Committees, including any
Advisory, or Ad Hoc Committees, or Local Boards;
4(26)
1.16 "Motion" shall mean a proposal moved by a Member, and seconded by another
Member, to adopt, amend, or otherwise deal with a matter before Council or a
Committee;
1.17 "Motion to defer" shall mean a motion to delay consideration of a matter until later in
the same Meeting or to a future Meeting of Council or a Committee;
1.18 "Motion to receive" shall mean a motion to acknowledge an item, report, or
recommendation under consideration and to have it placed in the records of Council
with no additional action being taken;
1.19 "Motion to refer" shall mean a motion to dispose of a question under consideration,
with or without any proposed amendment, in order to seek consideration by, and, if
deemed desirable, one or more reports from any Committee, body, or official;
1.20 "Motion to table" shall mean a motion to postpone without setting a definite date as
to when the matter will be considered again;
1.21 "Notice of Motion" shall mean a written notice of a motion respecting a substantive
matter not on the Agenda for a Meeting of Council which is received by the Clerk,
for inclusion on the Agenda for a future Meeting of Council, unless notice thereof is
waived pursuant to Section 4.7 of this By-law;
1.22 "Open Forum" shall mean an opportunity, preceding each regular Council meeting,
for members of the public to voice opinions on subjects of municipal concern;
1.23 "Point of Order" means the raising of a question by a Member of Council for the
purpose of calling attention to a deviation or departure from the Rules of Procedure;
1.24 "Question of privilege or personal privilege" shall mean a question by a Member who
believes that another Member has spoken disrespectfully towards that Member or
another Member or who considers that his or her integrity or that of a Member or
Town official has been impugned or questioned by a Member;
1.25 "Record" shall mean any written, audio, or video recording or any combination
thereof for the purpose of compiling minutes of a public Meeting;
1.26 "Recorded vote" shall mean a written record of the name and vote of every Member
voting on any matter or question conducted by the Clerk;
1.27 "Resolution" shall mean the decision of Council on any motion;
1.28 "Secretary" shall mean the person appointed to record the proceedings of any
Meeting constituted pursuant to this By-law;
1.29 "Staff' shall mean employee(s) of the Town;
5(26)
1.30 "Town" shall mean the Corporation of the Town of Aurora;
1.31 "Two-thirds majority vote" shall mean an affirmative vote of at least two-thirds of the
Members present at the Meeting, as follows:
• If 9 Members are present, 6 is a two-thirds majority
• If 8 Members are present, 6 is a two-thirds majority
• If 7 Members are present, 5 is a two-thirds majority
• If 6 Members are present, 4 is a two-thirds majority
• If 5 Members are present, 4 is a two-thirds majority
PART I - MEETINGS OF COUNCIL
Section 2 - Calling of Meetings
Application
2.1 The rules of procedure set out in this By-law shall govern all proceedings of Council
and its Committees, including any Advisory orAd Hoc Committees, or Local Boards.
Inaugural Meeting
2.2 The Inaugural Meeting of Council shall be held at 7:00 p.m. on the first Tuesday in
December after a regular election.
Regular Council and General Committee Meetings
2.3 The next and each succeeding Regular Council Meeting shall be held in the Council
Chambers at the Town Hall, except as otherwise provided for in this By-law, and
shall be held in accordance with the schedule of Meetings of Council and General
Committee as prepared by the Clerk and approved by Council. All such Regular
Council Meetings shall generally be held on the second and fourth Tuesday of each
month and General Committee Meetings shall generally be held on the first and
third Tuesday of each month. On the days in which a Regular Council Meeting is
scheduled, Open Forum shall commence at 7:00 p.m. and the Regular Council
Meeting shall commence immediately thereafter, or at such other time as is
prescribed by resolution of Council where it is necessary to reschedule a Regular
Council Meeting. Where a Regular Council Meeting day is a public or civic holiday,
Council shall meet at the same hour on the Wednesday immediately following the
holiday, as prescribed by resolution of Council.
Taping, Televising, Recording
2.4 Meetings which are not closed to the public may be taped, televised or otherwise
electronically or mechanically recorded so long as the taping, televising or recording
is carried out in a manner that does not interfere with the conduct of the Meeting.
6(26)
July/August Meetings
2.5 Notwithstanding the provisions of this By-law, during the months of July and August
there shall be one (1) Regular Meeting of Council in each month.
Public Planning Meetings
2.6 In addition to its schedule of Regular Meetings, where development -related
applications have been submitted under the Planning Act, R.S.O. 1990, c. P.13, as
amended. Council shall meet in the Council Chambers on the last Wednesday of
each month commencing at 7:00 p.m. to conduct public hearings to consider such
applications.
Special Council Meetings
2.7 (a) The Head of Council may at any time call a Special Council Meeting; or
(b) Upon receipt of a petition of the majority of the Members of Council, the
Clerk shall call a Special Council Meeting for the purpose and the time
mentioned in the petition.
Special Council Meeting Agenda
2.8 The Clerk, when it is reasonably possible, shall cause an agenda to be prepared, in
the following order, for the use of Members at Special Council Meetings:
(a) Declaration of Pecuniary Interest and General Nature Thereof
(b) Approval of the Agenda
(c) Delegations
(d) Consideration of Business For Which Notice Was Given
(e) By-laws
(f) Adjournment
2.9 No Open Forum shall be held prior to a Special Council Meeting
Notice to Members
2.10 Notice to Members of all Meetings of Council or General Committee, agendas,
agenda items, cancellations and rescheduling shall be provided bythe Clerk to each
Member's residence or place of business, as directed by the Member, not less than
forty-eight (48) hours prior to the time set for the Meeting. Notice may be sent by
first-class mail, courier, facsimile, electronic mail or posted to the Town's official
website.
Notice to Media and Public
2.11 The Clerk shall provide notice to the public and the media of all Meetings of Council
or Committee, agendas, agenda items, cancellations and rescheduling by:
(a) Publishing the annual schedule of Meetings once adopted by Council by
posting on the Town's official website and by distributing copies upon
request;
7(26)
(b) Updating the annual schedule of Meetings posted on the Town's official
website within twenty-four (24) hours of any changes made to the schedule;
and
(c) Not less than twenty-four (24) hours in advance, posting Meeting notices,
agendas and agenda items on the Town's official website.
(d) Council shall generally hold its Meetings at the Town Hall on the second and
fourth Tuesday of each month at 7:00 p.m. unless Council meets in a Special
Council Meeting called pursuant to the terms of this By-law or unless Council
authorizes holding any Meeting at a different location or date or time and
notice thereof has been provided in accordance with the provisions of this
By-law.
(e) In addition, notice of all Meetings of Council shall be provided to the public by
posting to the Town's official website, placing a copy of the agenda on the
reception counter of the Customer & Legislative Services Department in the
Town Hall, and by making a copy of the agenda available to the Aurora
Public Library and to those members of the press who have requested that
they be placed on the circulation list with the Clerk, not less than twenty-four
(24) hours prior to the said Meeting. Notwithstanding the foregoing, where
such Meeting is a Special Council Meeting called pursuantto this By-law and
it is not possible to provide the aforementioned notice, the Clerk shall make
reasonable efforts to provide notice to those concerned.
Content of Notice
2.12 Every notice of a Meeting of Councilor Committee shall indicate the day, date, time
and place of commencement of the Meeting, and the contact information for the
Clerk's office.
Cancellation/Postponement
2.13 Any Meeting maybe cancelled or rescheduled to a day, time and place set out in a
written notice from the Clerk, sent to each Member as provided for in section 2.10 of
this By-law and at least forty-eight (48) hours before the scheduled date of the
meeting.
Public Holidays
2.14 In the event that a Regular Meeting of Councilor General Committee shall fall upon
a public holiday, the meeting shall be held at the same hour on the Wednesday
immediately following the holiday.
Failure to Meet Notice Provisions
2.15 Notice which is substantively given but which is irregular or not otherwise in strict
compliance with this By-law will not invalidate the holding of a Meeting or any
proceeding taken at a Meeting.
8(26)
Meetings Open to the Public
2.16 All Meetings shall be open to the public except as provided for in section 2.17 of this
By-law.
Closed Meetings
2.17 A Meeting or part of a Meeting may be closed to the public if the subject matter
being considered is:
(a) The security of property of the Town or Local Board;
(b) Personal matters about an identifiable individual, including a Town or Local
Board employee;
(c) A proposed or pending acquisition or disposition of land by the Town or Local
Board;
(d) Labour relations or employee negotiations;
(e) Litigation or potential litigation including matters before administrative
tribunals, affecting the Town or a Local Board;
(f) The receiving of advice that is subject to solicitor -client privilege, including
communications necessary for that purpose;
(g) The education and training of Members, provided that no Member discusses
or otherwise deals with any matter in a way that materially advances the
business or decision -making of Council; or
(h) A matter in respect of which Council has authorized a Meeting to be in
Closed Session under statutory authority.
2.18 The Chair of every Closed Session Meeting shall be the Mayor. In the absence or
unavailability of the Mayor, the Chair shall be the Deputy Mayor. In the absence or
unavailability of the Deputy Mayor the Chair shall be selected by those Members of
Council being present.
2.19 The part of a Meeting that is closed to the public shall be held at General
Committee whenever possible and any recommendations will be reported out and
ratified at the next Council Meeting open to the public. The subject matter and
recommendations will be reported out to the extent possible without divulging
confidential information.
2.20 A Meeting shall be closed to the public if the subject matter relates to the
consideration of a request under the Municipal Freedom of Information and
Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, if the Council, Board,
Commission or other body is the head of an institution for the purposes of that Act.
Prior Public Resolution
2.21 Before holding a Meeting or part of a Meeting that is to be closed to the public, a
municipality or Local Board or Committee of either of them shall state by public
resolution:
9(26)
(a) The fact of holding the Closed Session;
(b) The general nature of the matter to be considered;
(c) The specific provision of the Act underwhich the Meeting in Closed Session
is permitted; and
(d) Where the purpose is for education or training, that the Meeting is to be held
in Closed Session pursuant to subsection 239(3.1) of the Act.
Open Votes
2.22 A Meeting shall not be closed to the public during the taking of a vote.
Closed Session Votes
2.23 Despite section 2.22 of this By-law, a Meeting maybe closed to the public during a
vote if:
(a) Subsection 239(2) of the Act permits or requires a Meeting to be closed to
the public; and
(b) The vote is for a procedural matter or for giving directions or instructions to
officials, employees or agents of the Town, or persons retained by or under
contract with the Town.
Record of Closed Session Meeting
2.24 The Clerk shall prepare a Record of each Closed Session held in Council or
General Committee, indicating:
(a) The matter(s) discussed;
(b) The specific provision under the Act under which the Meeting in Closed
Session is permitted;
(c) The Members in attendance;
(d) The disposition of the matter(s);
(e) The starting and concluding times for the Closed Session; and
(f) The minutes are to be adopted at the next Closed Session Meeting.
2.25 Section 3.22 of this By-law does not apply to the Record created under section 2.24
of this By-law.
Section 3 - Order of Business
Open Forum
3.1 (a) During the twenty (20) minutes preceding each Regular Council Meeting, the
Members shall attend in the Council Chambers for the purpose of providing
10(26)
an informal opportunity for any person to voice opinions on subjects of
municipal concern.
(b) Each person shall be required to sign the Open Forum Register held by the
Clerk or Council/Committee Secretary prior to being permitted to address
Council, and each person shall be limited to addressing Council for a
maximum of five (5) minutes.
(c) No decisions will be made as a result of comments made during Open
Forum. However, Council will consider the comments when deliberating the
issue if the item arises on the regular agenda.
(d) Any comments made during Open Forum shall not form part of the minutes
of the Council Meeting.
Order of Business
3.2 The Council shall deal with matters in the following order, unless otherwise decided
by the majority of the Members present:
(a) Declaration of Pecuniary Interest and General Nature Thereof
(b) Approval of the Agenda
(c) Adoption of the Minutes
(d) Presentations
(e) Public Service Announcements
(f) Determination of Items Requiring Separate Discussion
(g) Adoption of Items Not Requiring Separate Discussion
(h) Delegations
(i) Consideration of Items Requiring Separate Discussion
Q) Notices of Motion/Motions for Which Notice Has Been Given
(k) Regional Report
(1) New Business/General Information
(m) Reading of By-laws
(n) Closed Session
(o) Adjournment
3.3 The Order of Business of General Committee shall in all cases be taken up in the
following sequence, unless otherwise decided by the majority of the Members present:
(a) Declaration of Pecuniary Interest and General Nature Thereof
(b) Approval of the Agenda
(c) Determination of Items Requiring Separate Discussion
(d) Adoption of Items Not Requiring Separate Discussion
(e) Delegations
11(26)
(f) Presentations by the Advisory Committee Chair
(g) Consideration of Items Requiring Separate Discussion
(h) New Business/General Information
(i) Closed Session
Q) Adjournment
3.4 After the adoption of "Items Not Requiring Separate Discussion", the Chair shall
consult with the audience to determine who may be in attendance to hear specific
items and the order of the items shall be prioritized by the Chair to address the
identified issues first, for the benefit of those in attendance.
Quorum
3.5 A majority of the Members shall constitute a quorum.
3.6 If there be no quorum present within thirty (30) minutes after the time fixed for
holding the Meeting, the Clerk shall call the roll and take down the names of the
Members present and the Meeting shall immediately stand adjourned until
the next regular Meeting.
Revised Agenda
3.7 After delivery of the Council or General Committee agenda, the Clerk may amend
the agenda by way of a revised agenda by adding or deleting matters from the
prepared agenda in consultation with the Mayor or the C.A.O. In this case, the
Clerk shall endeavor to forward additional agenda material to the Members prior to
the Meeting. The revised agenda may be presented at the Meeting, and is not
subject to the Notice requirements set out in section 2.10 of this By-law.
Delegations
3.8 (a) Delegations shall be encouraged to appear at the appropriate Committee
first rather than Council. Anyone wishing to appear before General
Committee or Council respecting an item on the agenda shall advise the
Director of Customer & Legislative Services/Town Clerk by 4:30 p.m. on the
Monday prior to the Meeting. The request to appear shall be in writing and
shall state in detail the nature of the matter to be presented by the
spokesperson.
(b) The Clerk shall give due consideration to the length of the agenda and the
number of Delegations and shall advise to the requester the earliest possible
date when their Delegation may be accommodated. A maximum of three (3)
Delegations shall be allowed to address Council per Meeting.
(c) No person other than the designated spokesperson may speak on the matter
and not for more than five (5) minutes.
(d) Anyone wishing to speak on an item that is not on the Council agenda shall
be directed to appear at the Open Forum session that precedes Council
Meetings. Alternatively, the Delegation may be placed on a Committee
agenda to address an issue that is not on the Council agenda.
12(26)
(e) A Delegation not on the agenda shall not be heard without the consent of at
least a two-thirds majority of the Members present.
(f) All Delegations appearing before General Committee or Council shall be
permitted to speak only once on an item. Once discussion in respect of a
motion or resolution has commenced, no further presentation shall be made
by the delegate or by any other person other than a Member of Council.
(g) Members of Council shall ask questions of the delegate only for clarification
and shall not engage the delegate in discussion.
(h) Any person may speak on the matter at a Public Planning Meeting provided
that the spokesperson is speaking on an item that is contained in the
agenda. The delegate shall not speak for more than five (5) minutes, but
may have an opportunity to speak more than once on the agenda item.
(i) Delegations shall speak in order of the item as it is listed on the agenda.
0) Presentations of general interest shall be placed on the Council agenda and
shall be limited to ten (10) minutes per presentation.
(k) For matters which are more properly within the responsibility of Town Staff,
the Clerk shall notify the proposed delegate that the Delegation shall not be
listed on the agenda, and shall direct the proposed delegate to the
appropriate Town Department. The delegate shall not be listed on an
agenda for Delegation until Staff has had the opportunity to address the
matter.
Behaviour
3.9 No delegate shall:
(a) Speak disrespectfully of any person;
(b) Use offensive words or unparliamentary language;
(c) Speak on any subject other than the subject for which he or she has received
approval to address Council or Committee; or
(d) Disobey the rules of procedure or a decision of the Chair or Council.
Curtailment of Time
3.10 The Chair may curtail any Delegation, any questions of a delegate or debate during
a Delegation for disorder or any other breach of this By-law, and, if the Chair rules
that the Delegation is concluded, the person or persons appearing shall withdraw.
Expulsion
3.11 The Chair may cause to be expelled and exclude any member of the public, who
creates any disturbance or acts improperly during a Meeting of Council. If
necessary, the Chair may call upon the Clerk to seek the appropriate assistance
from security or police officers.
13(26)
Correspondence
3.12 (a) Correspondence addressed to the Mayor and Council shall be acknowledged
by the Director of Customer & Legislative Services/Town Clerk and sent
directly to the appropriate Committee or Director for response or action.
(b) Copies of such correspondence shall also be distributed to Members of
Council and the C.A.O.
(c) Members of Council may direct that correspondence, letters or resolutions
be placed on an agenda, but not as an added item to an agenda that has
already been circulated.
Notice of Motion
3.13 (a) A Member desiring to introduce a subject for discussion by Council shall
provide a Notice of Motion in writing to the Clerk no later than 4:30 p.m. on
the Thursday prior to a regular Council Meeting.
(b) The Motions for Which Notice Has Been Given shall be included on the next
Council agenda for consideration and disposition.
New Business/General Information
3.14 This section shall contain items which a Member may introduce which were not
circulated with the agenda and which, due to their nature cannot be properly
presented at a subsequent Meeting of Council or appropriate Committee. Members
may raise questions regarding matters that may be appropriate for Staff comment in
the form of immediate response or subsequent follow-up. Any New
Business/General Information consideration that results in a direction to Staff shall
require a Notice of Motion by a Member of Council as set out in section 3.13 of this
By-law.
Proclamations/Resolutions
3.15 (a) All requests for endorsement of resolutions from municipalities outside of
the Region of York shall be acknowledged by the Director of Customer &
Legislative Services/Town Clerk, with the advice that the Town of Aurora
does not take action on resolutions received from other municipalities, but
rather makes its position known through the appropriate municipal
association, or alternatively, directly to the relevant Minister or government
leader.
(b) Any resolutions from municipalities within York Region are to be placed on a
Council agenda for direction.
(c) Resolutions initiated by the Town of Aurora shall not be circulated to other
municipalities for endorsement outside of York Region, but shall instead be
directed to the appropriate Minister of the government involved, and to.the
relevant municipal association.
(d) Resolutions from charitable or non-profit organizations shall be
acknowledged by the Mayor, and subject to the nature of the resolution, the
14(26)
Mayor may direct that the request be added to a Council or Committee
agenda for consideration.
(e) Copies of all resolutions will be circulated to all Members of Council, the
C.A.O., and Directors via electronic mail.
(f) Any resolution may be placed on a Council or Committee agenda at the
request of a Council Member.
(g) Requests for proclamations will be sent directly to the Mayor's office for
consideration and not placed on the public agenda.
Adjournment
3.16 (a) No item of business shall be considered at a Meeting of Council or General
Committee after 10:30 p.m. local time unless a majority of the Members
present enact a resolution to extend the hour.
(b) If Council or General Committee is still in session at 11:00 p.m., it shall be
adjourned unless a two-thirds majority of Council concurs in the extension of
the Meeting.
Content of Minutes of Council and General Committee
3.17 The minutes of each Council and General Committee Meeting shall record:
(a) The place, date, and time of Meeting;
(b) The name of the Chair and the attendance of the Members and senior Staff;
and
(c) Each item considered by Council and the decisions of the Meeting without
note or comment.
(d) Minutes of a Meeting shall be reviewed and/or amended and approved at the
next regular Meeting of Council.
(e) It shall be the duty of the Clerk to ensure that the minutes of each regular
Meeting, Public Planning Meeting and Special Council Meeting are made
available to each Member within a reasonable amount of time after the
holding of such Meeting.
Approval
3.18 The minutes of each Council Meeting shall be presented to Council for adoption at
the next regular Meeting.
3.19 The General Committee shall report directly to Council.
3.20 No discussion or recommendation of the General Committee shall constitute an act
of Council unless such recommendation is adopted by Council.
15(26)
3.21 The report from General Committee that is presented to Council shall not contain
the mover or seconder on each item but rather shall only show recommendations
endorsed by General Committee.
Signature
3.22 After the Council minutes have been approved by Council, they shall be signed by
the Mayor and Clerk.
Section 4 - Conduct of Meetings
Duties of the Chair
4.1 (a) The Chair of every Council Meeting shall be the Mayor. In the absence or
unavailability of the Mayor, the Chair shall be the Deputy Mayor. In the
absence or unavailability of the Mayor and Deputy Mayor, the Chair shall be
selected by those Members of Council being present.
(b) The Chair for the General Committee shall be rotated among the Members
of Council, excluding the Mayor, every two (2) consecutive meetings except
in July and August, in descending order of votes received by the Members in
the last regular election.
(c) In the absence of the person appointed as Chair, the Committee Members
shall appoint,one of their Members as Chair for the purpose of that Meeting.
(d) The Chair shall expel or exclude from any Meeting any person whom the
Chair feels has exhibited improper conduct at that Meeting.
4.2 As soon as there is a quorum after the time set for the Meeting, the Mayor, or
Member of Council in General Committee rotation, shall take the Chair and call the
Members to order.
4.3 The Mayor shall Chair the Meetings of Council so that its business can be carried
out efficiently and effectively, and shall:
(a) Maintain order and preserve the decorum of the Meeting;
(b) Rule on all procedural matters, without debate or comment;
(c) Receive and submit to a vote all motions presented by the Members that do
not contravene the rules of procedure;
(d) Decline to put to a vote motions which do not comply with the rules of
procedure, or which are not within the jurisdiction of Council;
(e) Announce the results of the vote on any motions presented for a vote;
(f) Expel or exclude from any Meeting any person whom the Chair feels has
exhibited improper conduct at that Meeting;
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(g) Adjourn or suspend the Meeting if he or she considers it necessary because
of grave disorder; and
(h) Close the Meeting when business is concluded or recess the Meeting as
may be required.
4.4 If a Member disagrees with the ruling of the Chair, he or she may appeal the ruling
of the Chair immediately. The Chair, in response, shall call a vote on the question
of sustaining the ruling of the Chair. The Chair may provide further explanation of
the ruling prior to calling the vote.
Deputy Mayor
4.5 The Council Member who received the highest number of votes in the last regular
election shall be the Deputy Mayor, to act in the place and stead of the Mayor when
the Mayor is absent from the municipality, or is absent through illness, or refuses to
act, or the office is vacant. The Deputy Mayor shall have all of the duties, rights,
powers and authority of the Mayor during such absence, refusal to act, or vacancy
of office.
Conduct of Members
4.6 No Member shall:
(a) Use offensive words, inappropriate actions or unparliamentary language in or
against Council or against any Member of Council or any Staff member or
any member of the public;
(b) Speak disrespectfully of any member of the Royal Family, the Governor
General, the Lieutenant Governor of any Province, Council, any municipality,
any Member or any official or employee of the Town;
(c) Engage in private conversation while in the Council Meeting or use electronic
devices including cellular phones, personal digital assistants, media players,
and pagers in any manner that disrupts the Member speaking or interrupts
the business of Council;
(d) Leave his or her seat or make any noise or disturbance while a vote is being
taken and until the result of the vote is announced;
(e) Speak on any subject other than the subject under debate;
(f) Where a matter has been discussed in Closed Session, and where the
matter remains confidential, disclose a confidential matter or the substance
of deliberations at a Closed Session, except to the extent that Council has
previously released or disclosed the matter in public. All information,
documentation or deliberations received, reviewed or provided in a closed
session meeting is confidential. Members of Council shall not release,
reproduce, copy or make public any information or material considered at a
closed session meeting, or discuss the content of such a meeting with
persons other than members of Council or relevant staff members, prior to it
being reported in public by Council;
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(g) Criticize any decision of Council except for the purpose of moving that the
question be reconsidered;
(h) Contravene the rules of Council or a decision of the Chair or of Council on
questions of order or practice or upon the interpretation of the rules of
Council. In case a Member persists in any such contravention, after having
been called to order by the Chair, the Chair shall not recognize that Member,
except for the purpose of receiving an apology from the Member tendered at
that Meeting or any subsequent Meeting.
Suspension of Procedural Requirements
4.7 (a) The provisions of this By-law shall be observed in all proceedings of Council
and its Committees, except that the rules and regulations contained herein
may be suspended by a two-thirds majority vote of the Members present.
(b) A motion to suspend the rules of procedure required by this By-law shall not
be debatable or amendable.
Statutory Hearings
4.8 Hearings required by statute shall be undertaken in accordance with the prescription
and procedure outlined in the relevant statute or as otherwise directed by law.,
Rules of Order
4.9 In all circumstances in the proceedings of Council or its Committees not provided
for in this By-law, resort shall be had to Bourinot's Rules of Order as a rule for
guidance on the question, and in such cases, the decision of the Chair shall be final
and acquiesced to without debate subject to section 4.4 of this By-law.
4.10 In the event of conflict between the provisions of this By-law and relevant legislation,
the provisions of the legislation shall prevail.
Disclosures of Pecuniary Interest and General Nature Thereof
4.11 Where a Member, either on his or her own behalf or while acting for, by, with or
through another, has any pecuniary interest, direct or indirect, in any matter and is
present at a Meeting at which the matter is the subject of consideration, the Member
shall, in accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c.
M.50, as amended:
(a) Prior to any consideration of the matter at the Meeting, disclose the
Member's interest and the general nature thereof; and
(b) Not take part in the discussion of, or vote on any question in respect of the
matter; and
(c) Not attempt in any way whether before, during or after the Meeting to
influence the voting on the matter.
4.12 Where a Meeting is not open to the public, in addition to complying with the
requirements set out in section 4.11 of this By-law, the Member shall forthwith leave
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the Meeting or the part of the Meeting during which the matter is under
consideration.
4.13 Where the interest of a Member has not been disclosed by reason of the Member's
absence from a particular Meeting, the Member shall disclose the Member's interest
and otherwise comply at the first Meeting of Council or Committee, as the case may
be, attended by the Member after the particular Meeting.
4.14 The Clerk shall record the particulars of any disclosure of pecuniary interest and
general nature thereof made by a Member, and this record shall appear in the
minutes of that Meeting.
Section 5 - Rules of Debate
5.1 To address Council, a Member shall request to speak and be recognized by the Chair.
5.2 Prior to speaking to any question or motion, each Member shall engage his or her
microphone and address the Chair.
5.3 When two (2) or more Members indicate their desire to speak at the same time, the
Chair shall designate the order of speakers.
5.4 When a Member is speaking, no other Member shall, interrupt the Member speaking
except to raise a point of order or question of privilege.
5.5 Any Member may require a motion or question under discussion to be read at any
time during the debate but not so as to interrupt the Member speaking.
5.6 No Member shall speak for longer than ten (10) minutes on a question without
Council's permission.
5.7 No Member shall speak more than twice to the same question without Council's
permission, except that a reply shall be permitted only from a Member who has
presented the main motion.
5.8 When a Member wishes to raise a point of order or question of privilege, the
Member shall ask leave of the Chair to raise the point. After leave is granted, the
Member shall state the point to the Chair and then remain silent until the Chair has
ruled upon the point.
5.9 Subject to being overruled by Council on a vote which shall be taken immediately
and without debate, the Chair shall rule on the point.
5.10 Any Member may challenge the ruling of the Chair immediately following the ruling.
5.11 The Chair's ruling is final unless it is challenged.
5.12 Council's decision is final if the Chair is challenged.
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Section 6 - Motions
Must be Seconded
6.1 A motion shall be moved and seconded before the Chair shall put the question and
the motion is recorded in the minutes of the Meeting.
Mover and Seconder May Vote in Opposition
6.2 A Member may move a motion in order to initiate discussion and debate and that
Member may vote in opposition to the motion. A seconder of a motion may vote
against the motion.
Withdrawal
6.3 After a motion is moved and seconded at a Meeting and debate has taken place, it
may not be withdrawn without the consent of the mover and seconder and a
majority vote provided that all Members who have indicated a desire to speak to the
motion have spoken.
Ultra Vires
6.4 A motion in respect of a matter which is ultra vires of the jurisdiction of the Meeting
shall not be in order.
Section 7 - Specific Motions
Motion to Recess
7.1 A motion to recess is not debatable, shall specify the length of the recess, and may
only be amended with respect to the length of the recess.
Motion to Adjourn
7.2 A motion to adjourn a Meeting is not debatable and shall always be in order except
when:
(a) Another Member is in possession of the floor;
(b) A vote has been called;
(c) Members are voting; or
(d) A Member has indicated to the Chair his or her desire to speak on the matter
before the Meeting.
7.3 A motion to adjourn shall take precedence over any other motion and shall be put
immediately without debate.
Motion to Call the Question
7.4 A motion to call the question is not debatable
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7.5 A Member who moved a motion to call the question shall not be allowed to speak to
the question again if the motion is decided in the negative.
7.6 A motion to call the question shall be put immediately without debate.
Motion to Table
7.7 A motion to table shall not be amended or debated and shall apply to the motion
and any amendments under debate when the motion to table is made.
7.8 If the motion to table carries, in the absence of any direction from Council, the
matter may not be discussed until the C.A.O., or a Member through a Notice of
Motion, brings it forward to a subsequent Meeting.
Motion to Defer
7.9 A motion to defer or any amendment to it is debatable and shall include:
(a) The time period within which consideration of the matter is to be deferred; and
(b) Whatever explanation is necessary to demonstrate the purpose of the motion
to defer.
Motion to Refer
7.10 A motion to refer or any amendment to it is debatable and shall include:
(a) The name of the Committee or official to whom the motion or amendment is
to be referred; and
(b) The terms upon which it is to be referred and the time or period, if any, on or
within which the matter is to be returned.
Motion to Amend
7.11 A motion•to amend:
(a) Shall be open to debate and shall be relevant to the main motion; and
(b) Shall not propose a direct negative to the main motion.
(c) Only one motion to amend a motion shall be on the floor at any one time.
7.12 After the motion to amend has been voted on, the main motion (as amended) shall,
if no other amendment is proposed, be put to a vote.
Motion to Postpone Indefinitely
7.13 A motion to postpone indefinitely (to table) shall be debatable, shall not be
amended, and may be reconsidered.
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Section 8 — Voting
Order of Votes
8.1 Motions relating to an item under consideration shall be voted on in the following
order:
(a) Motion to waive or suspend the rules of procedure;
(b) Motion to recess;
(c) Motion to adjourn;
(d) Motion to call the question;
(e) Motion to receive an item;
(f) Motion to table an item;
(g) Motion to defer;
(h) Motion to refer;
(i) Motion to amend;
0) Main motion.
Members Must Vote
8.2 Every Member present at a Meeting where a question is put shall vote on the
question, unless prohibited by statute, in which case the Clerk shall so record. The
Chair may not move or second any motion. The Chair shall vote on a motion but
shall not have a second or casting vote in the event of an equality of votes on any
motion.
Actions During Votes
8.3 When the Chair calls for the vote on a question:
(a) Each Member shall occupy his or her seat and shall remain in place until the
result of the vote has been declared by the Chair; and
(b) During this time no Member shall walk across the room or make any other
motion or speak to the question or any other Member or make any noise or
disturbance.
Split Votes
8.4 Upon the request of any Member, and when the Chair is satisfied that a matter
under consideration contains distinct proposals, the vote upon each proposal shall
be taken separately.
8.5 A vote on the main motion, as amended, may be split for the purpose of complying
with the Municipal Conflict of Interest Act.
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Failure to Vote Deemed Negative
8.6 If any Member present does not vote at a Meeting of the Council where a question
is put and a recorded vote taken, he or she shall be deemed to vote in the negative
except where the Member is prohibited from voting by statute.
Majority Vote
8.7 All decisions of the meeting shall require a majority vote except as otherwise set out in
this By-law or legislation.
Tie Vote
8.8 Any motion that receives a tie vote shall be deemed to have been decided in the
negative.
Method of Voting
8.9 A Member shall vote by raising a hand or otherwise indicating the Member's vote,
except where a recorded vote is requested. The Chair shall announce the result of
all votes taken.
Recorded Vote
8.10 A request by a Member for a recorded vote shall be made prior to the
commencement of the vote being taken or immediately thereafter.
8.11 Where a vote is to be taken for any purpose, a Member may request that the vote be
recorded immediately before or after the taking of the vote, but prior to any
consideration of another matter of Council, and each Member present, except a
Member who is disqualified from voting by statute, shall announce their vote openly,
and any failure to vote by a Member who is not disqualified, shall be deemed to be a
negative vote. Members shall vote in random order as determined by the Clerk. The
Clerk shall record each vote.
Clerk to Announce Results of Recorded Vote
8.12 The Clerk shall announce the results of the recorded vote.
8.13 No vote taken at a Committee Meeting shall be a recorded vote and any vote
previously taken during that Meeting may be reconsidered.
Reconsideration of Matter
8.14 After Council determines the final outcome of a matter, such matter shall not be
reconsidered within six (6) months unless there is a motion, which has been
seconded, to reconsider the matter and it carries by a two-thirds majority vote of the
Members present.
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By-laws
8.15 All by-laws shall be given first, second and third readings in a single motion, unless
a Member wishes to discuss the contents of a by-law, at which time the subject
by-law shall be removed from the motion and dealt with separately.
8.16 The Clerk shall present the following by-laws directly to Council:
(a) The appointment of staff for by-law inspection, municipal law enforcement
and Provincial Offences administration;
(b) Consolidation of by-laws or housekeeping amendments;
(c) General by-laws where the purpose and intent of the by-law have been
clearly authorized by a previous Council;
(d) A by-law to levy Interim Property Taxes;
(e) Part -lot control by-laws; and
(f) A by-law to confirm the proceedings of Council.
8.17 The proceedings at every Meeting of Council shall be confirmed by by-law so that
every decision of Council at that Meeting of Council and every resolution thereof
shall have the same force and effect as if each and every one of them had been the
subject matter of a separate by-law duly enacted.
8.18 All amendments to any by-law approved by Council shall be deemed to ,be
incorporated into the by-law and if the by-law is enacted by Council, the
amendments shall be inserted by the Clerk.
8.19 The Clerk may make such minor clerical, typographical or grammatical deletions,
additions or other changes in form to any by-law, motion, resolution and/or minutes
as may be required for the purpose of ensuring correct and complete
implementation of the actions of Council
8.20 Every by-law enacted by Council shall be signed by the Mayor, or by the Deputy
Mayor in the Mayor's absence, and by the Clerk. The corporate seal shall be
affixed to the by-law and the by-law shall be numbered, dated and deposited in the
Clerk's office.
PART II - GENERAL PROVISIONS
Section 9 - General Committee
9.1 Council hereby establishes a General Committee which shall be comprised of all
Members of Council
9.2 The General Committee may consider delegations, correspondence, staff reports
and matters for discussion in relation to matters ordinarily within the competence of
24(26)
the Town's Departments which may require more elaboration and discussion than
would be appropriate in a formal Council Meeting and such other matters as Council
may by resolution determine.
9.3 General Committee shall consider reports from Advisory and Ad Hoc Committees
as may be established by Council.
9.4 Upon consideration of such matters as are provided for herein, the General
Committee shall report to and make recommendations to Council.
Section 10 - Audit Committee
10.1 Council hereby establishes an Audit Committee which will be comprised of all
Members of Council, or Council as a whole, for the purpose of reviewing audited
financial statements, recommending their receipt to Council, reviewing significant
management letter comments and related recommendations and to recommend to
Council the appointment of auditors. The Committee's mandate shall include
operational reviews. Meetings shall be held at the call of the Chair. Agendas shall
be distributed to Members of Council at least forty-eight (48) hours prior to the
Meeting.
Section 11-Review of Procedural By-law
11.1 Council shall review this By-law within the first six (6) months of the second year of
each term of Council
Section 12 - Review of Council Code of Ethics
12.1 Council shall review the Council Code of Ethics within the first six (6) months of the
first year of each term of Council.
Section 13 - Severability
13.1 Each and every one of the provisions of this By-law is severable and if any
provisions of this By-law should, for any reason, be declared invalid by any Court, it
is the intention and desire of Council that each and every one of the then remaining
provisions hereof shall remain in full force and effect.
Section 14 - Conflict
14.1 If there is any conflict between this By-law and any statute, the provisions of the
statute shall prevail.
Section 15 - Enactment
15.1 THAT By-law Numbers 4835-06.C, 4912-07.C, 4972-07.C, 5057-08.C, 5300-11,
and 5335-11 be and are hereby repealed.
25(26)
15.2 THAT this By-law shall come into full force and effect on the date of final passage
hereof.
READ A FIRST AND SECOND TIME THIS 22ND DAY OF NOVEMBER, 2011.
READ A THIRD TIME AND FINALLY PASSED THIS 22ND DAY OF NOVEMBER, 2011.
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26(26)