BYLAW - OPA #66 - 20060822 - 483606CTHE CORPORA T/ON OF THE TOWN OF AURORA
By-law Number 4835-06.C
BEING A BY-LAW:to
govern· the procedures
of thf:i . Council of the
Town of Aurora and its
Committees and Boards
WHEREAS the Municipal Act, S.O. 2001, c.45, authorizes every municipal Council to
enact By-laws to govern the proceedings of Council, the conduct of Council Members
and the calling of meetings and authorizes the head or other presiding officer to expel or
exclude from any meeting any person who has been guilty of improper conduct;
AND WHEREAS the Council of the Corporation of the Town of Aurora considers it
desirable to enact a By-law in this regard and to repeal prior procedural By-laws;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
Section 1 -Definitions
In this By-law the following terms shall have the following meanings:
1.2
1.3
1.4
1 , .
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1.6
1.7
1.8
1.9
1.10
1.11
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1.13
"Ad Hoc Committee" shall mean a committee constituted by Council from time
to time pursuant to Part Ill ofthis By-law to act on a temporary or singular issue,
and shall be discontinued by Council resolution when their recommendations
upon the specified initiative or matter have been provided and further
recommendations are no longer required.
"Advisory Committee" shall mean a committee constituted by Council from
pursuant to Part IV of this By-law to act in an advisory capacity to Council on
operational and strategic issues during the full term of Council.
"C.A.O." shall mean the Chief Administrative Officer for the Municipal
Corporation.
"Chair" shall mean the person presiding at a meeting in accordance with the
provisions in this By-law governing that meeting.
"Clerk" shall mean the Clerk of the Corporation of the Town of Aurora, or his/her
delegate.
"'Committee Member" shall mean a member of a Committee governed by this
By-law.
"Council" shall mean the Council of the Corporation of the Town of Aurora.
"Local Board" shall mean a body established by Council pursuant to a specific
statutory authority.
"Local Board Member" shall mean a member of a Local Board governed by this
By-law.
"Member" shall mean a member of Council.
"Municipal Corporation" shall mean tr1e Corporation of the Town of Aurora.
"Secretary" shall mean the person .. appointed to this By-law to record the
proceedings of any meeting constituted pursuant to this By-law.
"Staff" shall mean employees of the Municipal Corporation.
1.14
1.'15
Procedural By-law4835-06.C
"Standing Committee" shaiJ mean a committee constituted pursuantto Part II of ... _ ' 1 -'
this Bylaw and shall be composed of Members of Council only.
"Record" shall mean writteil, audio, video or any combination thereof for the
purpose of compiling minutes of a public meeting.
PART I -MEETINGS OF COUNCIL
Section 2 -Calling of Meetings
Inaugural Meeting
2.1 The inaugural meeting of Council after a regular municipal election shall be held
in the Council Chambers of the Aurora Town Hall, and shall be held, except as
otherwise provided for, on the first Tuesday in December at 7:00p.m. local time.
Regular Meetings
2.2 The next and each succeeding Regular 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 as
prepared by the Municipal Clerk and approved by Council. All such Regular
Council meetings shall generally be held on the second and fourth Tuesday of
each month, at 7:00 p.m. or such other time as is prescribed by resolution of
Council where it is necessary to reschedule a Regular meeting. Where a
Regular meeting day is a public or civic holiday, Council shall meet at the same
hour on an alternate day which is not a public or civic holiday, as prescribed by
resolution of Council.
July/August Meetings
2.3 Notwithstanding the provisions of this By-law, during the months of July and
August there shall be no Regular meetings of Council, save and except that a
Council meeting may be scheduled for one date in each month.
Public Planning Meetings
2.4 In addition to its schedule of Regular meetings, where development related
applications have been submitted under the Planning Act, 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 Meetings
2.5 Where it is deemed necessary to hold a meeting that is not a regularly
scheduled meeting, as evidenced by the consent of two-thirds of all of the
Members. a Special meeting of Co1,mcil may be held in order to deal with a
range of matters, including but not limited to ratifying, confirming. and expediting
business arising out of Committee meetings, matters which require urgent
consideration or matters which require the Mayor and Clerk to sign and affix the
seal of the Corporation to any agreement. deed, conveyance or other document
purporting to bind the Corporation.
Notice of Meetings Provided to Council Members
2.6 (a) Notice to Council Members shall not be required to be given of Regular
meetings of Council, unless the day of meeting is other than that provided
by this By-law or by Council resolution. It is understood that provision of
the Agenda for Regular Council and Public Planning meetings by the
Clerk for pick-up by the Members or in electronic format if requested by a
Member, shall be considered adequate notice of such Regular meetings.
(b) At least 48 hours previous notice of all Special meetings, shall be given to
each Member of Council, either by first class mail, by facsimile, by e-mail
or by the delivery of notice or delivery of the Agenda for such a meeting to
each Member's home or place of business, or in electronic format if
requested by a Member.
Procedural By-law 4835-06.C
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(c) At Special meeting~ of the .Council, it shall not be within the jurisdiction of
Council at that me$tirig tci C:"®hsider or decide upon any matter unless such
matter had been sp~cifi'~cUn the notice calling the meeting. This provision
may be only waived \>Vhe\re i-111 Members of Council are present to vote
upon a motion to wai\lethis clause.
(d) The Council may by resolution provide that any meeting shall be held at a
place within the Town of Aurora other than in the Council Chambers at the
Town Hall.
Notice of Meetings Provided to the Public
2.7 (a) Council shall generally hold its meetings at the Town Hall on the second
and fourth Tuesday of each month at 7:00 p.m. beginning with a 20
·minute Open Forum if necessary as determined by Council, unless
Council meets in a Special 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.
(b} Notice of all meetings of Council shall be provided to the public by placing
a copy of the Agenda on the counter of the Corporate Services
Deptartment in the Town Hall by posting an electronic version of the
Agenda on the Town's web site, 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
Municipal Clerk, not less than twenty-four (24) hours prior to the said
meeting. Notwithstanding the foregoing, where such meeting is a Special
meeting called pursuant to this By-law and it is not possible to provide the
aforementioned notice, the MIJnicipal Clerk shall make reasonable efforts
to provide notice to those concerned.
Open Meetings -Exceptions
2.8 (a) Except as provided in this section, all meetings shall be open to the public.
(b) A meeting or part of a meeting may be closed to the public if the subject
matter being considered is:
i. the security of the property of the municipality or local board;
ii. personal matters about an identifiable individual, including municipal
or local board employees;
iii. a proposed or pending acquisition or disposition of land for municipal
or local board;
iv. labour relations or employee negotiations;
v. litigation orpotentiallitigatiori, including matters before administrative
tribunals, affecting the municipality or local board;
vi. advice that is subject to solicitor-client privilege, including
communications necessary for that purpose; and
vii. a matter in respect of which a council, board, committee or other
body has authorized a meeting to be closed under another Act.
(c) 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 if the Council, Board, Commission or other
body is the head of an institution for the purposes of that Act.
(d) 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 resolution,
i. the fact of the holding of the closed meeting; and
ii. the general nature of the matter to be considered at the closed
Procedural By-law 4835-06.C
meetin~.
(e) Subject to subsectiS~{f}a ~~eting shall not be closed to the public during
the taking of a vote.
(f) A meeting may bedo§M to the public during a vote if,
i. subsection ii. or iii. permits or requires the meeting to be closed to
the public; and
ii. the vote is for a procedural matter or for g1vmg directions or
instructions to officers, employees or agents of the municipality, local
board or committee of either of them or persons retained by or under
a contract with the municipality or local board.
(g) Formal minutes will be taken at all closed session meetings of Council or
its committees or its local boards and such minutes will be under the care
and control of the Town Clerk and not made public.
(h) As part of Council's or its Committees' closed session deliberations, a
determination will be made by Council or Committee members as to when
the matter(s) will be ratified publicly by Council or its Committees to the
extent that the public interest permits. At no time will Committees report
publicly, since closed session deliberations must only be reported to
General Committee.
(i) 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.
U) While in closed session, members of Council will determine how and
when information concerning the matters dealt with shall be reported out
publicly. By way of examples, matters dealt with in closed session can
either be ratified in open Council immediately after the closed session or
at a future scheduled Council meeting.
(k) Upon the reporting out of any closed session agenda item, any individual
members may express their own personal position on the item, but shall
not refer to or discuss the specific positions or opinions (written or verbal)
of other members of Council or Town staff.
(I) The agenda or any other support items for consideration by Council or its
committees in closed session shall not be released to the public in
advance of the closed session meeting or prior to the time agreed upon for
public ratification by Council.
Section 3 -Order of Business
Open Forum
3.1 Open Forum shall be considered a part of the formal order of business of
Council. Any ratepayer of the Town of Aurora is entitled to make a deputation
to Council on a matter that is not on the Agenda of Council provided the
maximum time allotted is five minutes for each delegate and the total time of all
delegates for this portion of the Agenda be restricted to twenty minutes.
3.2 The Order of Business of Council at a regular meeting shall in all cases, be
taken up in the following sequence, unless otherwise decided by the majority of
the Members present:
3.3
3.4
3.5
3.6
3.7
3.8
.. ·_-:\-'• -_.-. .-}/·~--1_.': -:·;·".:.'ft ;
~ Declarations of Pecun.iary lu~erest
>-Approval of the Ageo.oc; 1
"
>-Open Forum ..
~ Adoption of the Minutes
~ Presentations
Procedural By-law 4835-06.C
~ Determination of Items Requiring Separate Discussion
~ Adoption of Items not Requiring Separate Discussion
~ New Business/General Information -Councillors
~ Delegations
>-Consideration of Items Requiring Separate Discussion
~ Regional Reports
~ Reading of By-laws
:>-Closed Session
:>-Adjournment
When an item listed on the agenda is selected by a Member of Council for
discussion, the Member of Council shall state in advance, the reason for
selecting the item in accordance with the following criteria i) new information, ii)
amendment, iii) commentary. The selection of the item for discussion shall not
be permitted if the intent is to ask questions of staff which could have been
clarified in advance of the meeting.
After tl"\e adoption of "Items Not Requiring Separate Discussion", the Chair shall
consult with the audience to determine who is in attendance to hear specific
items, and that the order of the items be prioritized by the Chair to address the
identified issues first, for the benefit of those in attendance.
Notwithstanding the provisions of this section, it shall be open to Council to
consider a Closed Session matter at any point in the order of business upon
enactment of a resolution in that regard.
As soon after the hour fixed fqr holding the meeting of the Council as there is a
quorum present, the Mayor shall assume the Chair and shall call the Members
to order.
A majority of the Members shall constitute a quorum.
If there be no quorum present within one half (1/2) hour after the time fixed for
holding the meeting of Council, 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 meeting.
6QQ[Qval of Agenda
3.9 (a) At the outset of the meeting the Chair shall cail for a vote on a motion to
approve the contents of the agenda. During the consideration of the
motion any Member may request the addition or deletion of any item or a
revision to the order of business. The debate shall then relate to whether
the agenda should be approvM, not the merits of the items themselves.
(b) No addendum items shall be included in the Council Agenda unless it is
deemed to be a significant issue and approved by the Chief Administrative
Officer.
Delegations
3.10 (a) Delegations shall be encouraged to appear at the appropriate Committee
first rather than Council. Anyone wishing to appear before General
Committee or Council shall advise the Director of Corporate
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) 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 delegate may be placed on a
Committee Agenda to address an issue that is not on the agenda.
Procedural By-law 4835-06.0
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(c) No person other th~rl fk~ ~~signated spokesperson may speak on the
matter and for notnjqr(:dh~r1five (5) minutes, except that a delegtation
consisting of 3 or more p,ersons who are present at the meeting and wish
to discuss the sarn$ issUe. [l'iay have more than 1 speaker provided that
the speaking timeCollediveiy does not exceed fifteen (15) minutes.
(d) A delegate not on the agenda shall not be heard without the consent of
at least two thirds majority of the Members present.
(e) 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.
(f) A delegation appearing before General Committee or Council shall not be
placed on an agenda to discuss the same matter within four (4) weeks of
the last appearance by the same delegate, unless the matter has been
deferred or referred by General Committee or Council to a future meeting
date, or specific direction has been given by General Committee or
Council to re-attend a future meeting in order to provide additional
information or clarification on the subject.
(g) 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.
(h) Delegations shall speak in order of the item as it is listed on the agenda.
Correspondence
3.11 (a) Correspondence ·addressed to the. Mayor and Council shall be
By-laws
acknowledged by the Director of Corporate Services 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 Chief Administrative Officer.
3.12 (a) All By-laws together with a brief description and the notation of the
number of readings required shall be listed on the agenda for the meeting
at which they are to be read.
(b) Every By-law shall be introduced upon the motion of a Member specifying
the title of the By-law. ·
(c) Every By--law when introduced shall be in typewritten form and shall
comply with the provisions of any relevant Act.
(d) Every By-law shall have three readings prior to it being passed.
(e) Any Member may request that the purpose and effect of any particular By-
law be explained and the Chief Administrative Officer, Clerk, or any other
Town Official having knowledge thereof may provide such explanation.
(f) If the majority of Council so determines, a By-law shall be taken as having
been read.
(g) If the Council determines that a By-law is to be considered by a
Committee, it shall be so considered prior to the third reading thereof.
(h) The Clerk shall endorse on all By-laws passed by the Council, the date of
each reading thereof.
(i)
Procedural By-law 4835-06.C
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-. ·:· <'·_:-r-': :~-• i:., -,-:>.-,-__ -' ' -' . B,Y~Iaws sh<::tlf b~ ",f,ifi::ula~lil,W in a draft format,until such time. as final
approval 1s requltE!l.\J; ,,~yflq\Ns shall then be g1ven three readmgs and
enacted at the same 1"!:\el§tir\g, .
Every By-law pass§J~i by Q()wncil shall be numbered and dated, and shall
be sealed with the Seal 6f the Municipal Corporation and signed by the
Mayor and Clerk arid shall be kept by the Clerk in his/her office or any
other place appointed for that purpose.
Notice of Motion
3.13 (a) A Member desiring to introduce a subject for discussion shall, during the
opportunity granted by the Chair, verbally provide notice of the proposed
motion including the date when the motion will be brought forward and the
nature of the motion. This notice shall be received by the balance of the
Members without debate. The Member shall then deliver a written copy of
the proposed motion to the Clerk for inclusion in the agenda not later than
4:00 p.m. on the Thursday preceding the regular meeting at which the
proposed motion is to be discussed.
(b) The Clerk, upon receipt of such a proposed motion in written form, shall
print the proposed motion in full in the agenda for the next regular meeting
of the Council and shall circulate to the Members any supporting data
provided therewith.
(c) A Motion of this nature need not be considered or otherwise disposed of
by the Council at the regular meeting at which it is first introduced but may
be considered or otherwise disposed of at any subsequent meeting of the
Council provided the mover of the motion is in attendance at the meeting.
(d) Any Member may agree to second the proposed motion when it is called
for by the Chair.· ·
New Business/General Information-Councillors
3.14 This section shall contain items which a member may introduce which was not
circulated with the agenda and which, due to its nature cannot be properly
presented at a subsequent meeting of Council or appropriate Committee.
In addition, a member may introduce a notice of motion or a motion to
reconsider in accordance with the provisions of this by-law. Members may also
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 -Councillors consideration that results in a
direction to staff shall require a Notice of Motion by a Member of Council. A
Resolution shall then.be presented at the next Council or General Committee
meeting to give such direction effect.
Proclamations/Resolutions
3.15 All requests for endorsement of resolutions from municipalities outside of the
Region of York shall be acknowledged by the Director of Corporate
Services/Town Clerk, with the advic.e 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.
Resolutions initiated by the Town of Aurora shall not be circulated to other
municipalities for endorsement outside of York Region, but shall instead by
directed to the appropriate Minister of the government involved, and to the
relevant municipal association.
Resolutions from charitable or non profit organizations shall be acknowledged
by the Mayor, and subject to the nature of the resolution, the Mayor may direct
that the request be added to a Council or Committee agenda for consideration.
Procedural By"law 4835-06.C
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Copies of all resolutions will be bir~i11ated to all Mernbers of Council. the C.A.O.
and Directors. · -" . · ' .
Any resolution may be placed ori a Council or Committee agenda at the request
of a Council Membe1·.
Adjournment
3.16 (a) On a motion, which is non-debatable and does not require a seconder,
Minutes
and is approved by the majority of Members present, the meeting shall be
adjourned.
(b) No item of business shall be considered at a meeting of the Council after
10:30 p.m. local time unless a majority of the Members present enact a
resolution to extend the hour.
(c) If the Council is still in session at the hour of midnight local time, it shall be
adjourned unless a two-thirds majority of Council concur in the extension.
3.17 The Clerk shali record in the minutes:
(a) The date, time and place of meeting;
(b) The attendance of the Members, including the time the member arrives
and leaves a meeting;
(c) The reading, if requested, correction and adoption of the minutes of prior
meetings; and
(d) All other proceedings of the meeting without note or comment.
3.18 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 no later than 48 hours after the holding of such
Meeting.
Confirmatory By-law
3.19 It shall be the practice of Council to enact a Confirmatory By-law at the end of
every Council Meeting.
Section 4 -Conduct of Meetings
Duties of the Chair
4.1 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.
4.2 It shall be the duty of the Chair:
(a) To open the meeting of the' Council by taking the Chair, and calling the
meeting to order. If the Mayor is the Chair, he/she shall wear the Mayor's
Chain of Office;
(b) To announce the business before the Council in accordance with the
Agenda;
(c) To receive and submit to a vote, in the proper manner, all motions which
do not contravene the rules and regulations of the Council and to declare
the results of the vote, except where a recorded vote is called for;
(d) To decline to put to a vote motions which infringe upon the rules of
procedure;
Procedural By-law 4835-06.Q
(e) To restrain the MJ1fi8~i2~.·V~fHih th~rules Of~r()cedure, when engaged in
debate; v , · ··
(f) To enforce on all occaslohs tHe observance of order and decorum among
the Members and the. provisions of this By-law;
(g) To authenticate, by his/her signature when necessary, all By-laws,
resolutions and minutes of the Council;
(h) To inform the Members on any point of order; and
(i) To adjourn the meeting without the question being put or to suspend or
recess the sitting for a time to be named, if it is considered necessary by
virtue of a grave disorder or other disruption arising in the course of the
meeting.
Deputy Mayor
4.3 The Council shall appoint by By-!aw the Member who received the highest
number of votes to be elected to act in the place and stead of the Mayor when
the Mayor is absent from the municipality, or is absent through illness, or
refuSf!S to act, or his office is vacant. Such appointee shall be known as the
Deputy Mayor and 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
4.4 No Member shall:
(a) Use offensive words, inappropriate actions or unparliamentary language in
or against the Council or against any Member of Council or any staff
member or any member of the public;
(b) Speak on any subject other than the subject in debate;
(c) Critidze any decision of the Council except for the purpose of moving that
the question be reconsidered;
(d) Disobey the rules of procedure of the Council or a decision of the Chair or
of the Council on questions of order or practice or upon the interpretation
of the rules of the Council. Where a Member persists in any such
disobedience after having been called to order by the Chair, the Chair
may order that such Member leave his/her seat for the duration of the
meeting of the Council, but if the Member apologizes he/she shall be
permitted to retake his/her seat. ·
Improper Conduct
4.5 (a) Improper conduct shall be deemed to exist where any person breaches
the rules .of procedure or inte'frupts the proceedings of Council such that
continuation of the meeting is rendered difficult or impossible.
(b) Where a person has, in the opinion of the Chair, been guilty of improper
conduct at any meeting, the Chair may expel or exclude any such person
from the meeting.
(c) In order to expel or exclude such person, the Chair may require the
security personnel for the Town or such other persons as are present to
take such reasonable measures as are necessary to exclude or expel the
person whose conduct has been improper and such measures may
include involving police assistance.
Suspension of Procedural Requirements
4.6 (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
Procedural By-law 4835-06"C
(b)
; -::t-' -,-.-. ·.' -, ~-'·-': ~-' ' ' '/ : ,-_-·.'
A motion to suspend \he rules ~of procedure required by this By-law shall
not be debatable oramehdl;lble.
(c) A motion to suspend the hiles shall not be applicable to Section 5.20,
Reconsideration.
Statutory Hearings
4. 7 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
4.8 In all circumstances in the proceedings of the Council or in Committee 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 in without debate .
. Conflicts and Disclosures of Interest
4.9 All Members of Council and its Committees shall govern themselves in
accordance with the requirements of applicable conflict or disclosure of interest
legislation with respect to matters noted therein, including disclosures of
pecuniary interests, receipt of gifts, recompense or other benefit not in
accordance with applicable law and attempts to use information gathered
through the Council or Committee process for personal financial gain, where
such information is not generally available to members of the public.
Section 5 -Rules of Debate
Debate
5.1 (a) Every Member who wishes to speak to any motion shall raise his/her hand
to be recognized by the Chair and, upon being recognized, shall address
the Chair.
(b) When two or more Members indicate that they desire to speak, the Chair
shall recognize the Member who first indicated his or her desire to speak.
(c) Members shall remain seated at all times during the meeting except that a
motion, which requires no seconder, may be made that any Member who
has risen "BE NOW HEARD". When the Chair calls for the vote on such
a motion, each Member shall occupy his/her seat and shall remain in their
place until the result of the vote has been declared, and during such time
no Member shall rise or speak to any other Member or make any noise or
disturbance. No Member shall speak to the motion nor shall any other
motion be made until after th"e vote is taken and the result has been
declared.
(d) When a Member is speaking, no Member shall interrupt the speaker
except to raise a question of privilege, appeal from the decision of the
Chair, raise a point of order or move reconsideration.
(e) Any Member may require a motion under discussion to be read at any
time during the debate but not so as to interrupt a Member while speaking.
(f) No Member shall speak more than twice to the same motion without leave
of the Council, except that a reply shall be allowed to be made only by the
Member who has presented the motion to the Council.
(g) No Member, without leave of the Council, shall speak to the same motion,
or in reply, for longer than thirty (30) minutes.
(h)
(i)
Procedural By-law 4EI35··06.C
A Member may .~sk ~>ilU~~~ion of1ly for; the purpose of obtaining
information relating ~G, ~pi:f'¥fJotion under discussion and such question
must be stated . corlc1s~ly and asked only through the Cha1r.
Notwithstanding the foregoing, when a Member has been recognized as
the next speaker, such Member may immediately before speaking, ask a
question through the Chair on the motion under discussion butonlyforthe
purpose of obtaining relevant information, following which the Member
shall speak.
The Chair of Council or Committee shall be permitted to speak on any
issue to conclude the debate without the need to transfer the Chair to
another Member.
Seconding of Motions
5.2 Except as othenrvise provided in this By-law, a motion shall be formally
seconded before debate on a question and before the Chair can put the motion
or a motion can be recorded in the.minutesby the Clerk.
Ultra Vires
5.3 A motion in respect of a matter which is ultra vires the jurisdiction of the Council
shall not be in order.
Voting
5.4 (a) The Chair, except where he/she is disqualified to vote by statute, is
entitled to vote on all motions that are presented.
(b) The vote required to pass a motion shall be a simple majority except as
otherwise provided in this By-law or by statute.
(c) In the case of an equal division of votes on a motion, the motion shall be
deemed to have been decided in the negative.
(d) The manner of determining the decision of the Council on a motion shall
be by shciw of hands as declared by the Chair, unless a recorded vote is
called for by a Member. Each Member present, except a Member who is
disqualified from voting by statute, shall vote and any failure to vote by a
Member who is not disqualified shall be deemed to be a negative vote.
(e) The Chair shall declare the vote carried, carried unanimously, or defeated.
(f) 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 ofthe 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
c:mnounce 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 alphabetical order according to surname, with the Mayor
announcing his/her vote last. The Clerk shall record each vote and
announce the results.
Division of Motion
5.5 A motion containing distinct proposals may be divided and a separate vote shall
be taken upon each proposal contained in the motion if requested by one of the
Members present.
Precedence of Motions
5.6 Except as otherwise provided in this By-law, the order of presentation and
disposition of motions shall be as follows with the lowest ranking motion being at
the bottom of the list. A motion shall not be in order if a motion having higher
precedence is pending or is raised:
----------------------------------------------------------------------~-----------------------------~--
Procedural By-law 4835-06.C
(a) Privileged Motions
i. Adjourn
ii. Recess
iii. Question of Privilege ·.
(b) Incidental Motions
i. Appeal
ii. Point of Order
iii._ Withdrawal of Motion
iv. Suspension of Rules
(c) Subsidiary Motions
i. Previous Question
ii. Limit or Extend Limits of Debate
iii. Postpone to a Definite Time (Defer)
iv. Refer (to a different entity)
v. Amend
vi. Postpone Indefinitely (Table)
(d) Main (Principle) Motions
i. Main Motion
ii. Take from the table
iii. Reconsider
Motion to Adjourn
5.7 A motion to adjourn:
(a) Shall always be in order except as otherwise provided in this By-law;
(b) When resolved in the negative, the motion shall not be presented again
until after some intermediate proceedings have been completed by the
Council;
(c) Shall not be in order when a Member is speaking or during the verification
of a vote on a motion;
(d) Shall not be in order immediately following the affirmative resolution of a
motion for the previous question;
(e) Shall not be debatable;
(f) Shall not be amendable;
(g) Shall not have a motion to reconsider applied to it; and
(h) Shall be entertained by the Chair without a seconder.
Motion to Recess
5.8 (a) A motion to recess when other business is before the meeting:
i. Shall specify the length of time of the recess;
ii. Shall not be debatable and shall only be amendable with respect to
the length of the recess; and
iii. Shall not have a motion to reconsider applied to it.
(b) A motion to recess at a future time shall have no privilege and shali be
treated as a main motion.
Procedural 8y-law 4835-06.C
Q..4estion of Privilege
5.9 (a) Where a Member cC:ihSlders that his/her integrity or the integrity of the
Appeal
Council as a "Yhole has been called into question, such Member may, as a
matter of privilege, raise the matter at any time, with the consent of the
Chair, no debate being allowed, for the purpose of drawing the attention of
the Council to the question.
(b) A motion resulting from a question of privilege shall be treated as a main
motion and shall receive disposition by the Council forthwith and, following
such disposition, the motion so interrupted shall be immediately
considered at the point where it was suspended.
5.10 A motion to appeal from the decision of the Chair:
(a) May only be made with regard to a point of order at the time a ruling is
made by the Chair on a point of order;
(b) Shall not be debated, amended or reconsidered; and
(c) Shall yield to a privileged motion.
point of Order
5.11 (a) A point of order may be called by a Member to bring attention to:
i. Any breach of the Rules of Procedure of Council;
ii. Any defeat in the constitution of any meeting of Council;
iii. The use of improper, offensive or abusive language, inappropriate
actions, in or against the Council or against any Member of Council
or any staff member or any member of the public;
iv. Notice of the fact that the matter under discussion is not within the
scope of the proposed motion; or
v. Any other informality or irregularity in the proceedings of Council.
(b) When a Member wishes to raise a point of order, the Member shall ask
leave of the Chair to raise the point of order and after leave is granted the
Member shall state the point of order to the Chair and no further business
shall be conducted until the Chair has decided and stated the point of
order;
(c) Thereafter, a Member shall only address the Chair for the purpose of
appealing the Chair's decision to the Council;
(d) If no Member appeals, the decision of the Chair shall be final;
(e) If a Member appeals the Chair's decision on a point of order to the
Council, the Member shall have the right to state his/her case, the Chair
shall have the right to reply and Council shall decide the question without
further debate and its decision shall be final.
Withdrawal
5.12 (a) A request to withdraw a motion:
i. Shali only be made by the mover of the motion;
ii. Shall have the consent of the seconder of the motion: and
iii. Sr1all be in order at anytime during debate.
Procedural By-law 48:lfJ-Ofl,C
(b)
. _. .. ' -,_: -~ ,_-':'·: ·,:;_,) : .. -.--,.:· '-: ' -:· .
If any Member objeCts {o1the withdrawal of the mdtion, a withdrawal
motion may be elitert~ihe8, is debatable, requires a seconder and a
majority vote, If no Meh'iber objects to the withdrawal of the motion, the
motion shall be considel·ecj withdrawn without the necessity of a vote.
Previous Question
5.13 A motion for the original question (to close debate):
(a) Shall not be debatable or amendable;
(b) Shall not be proposed when there is an amending motion under
consideration, except for the purpose of moving that the amending motion
be put;
(c) Shall require a two-thirds majority vote;
(d) When resolved in the affirmative, the original motion shall be put forward
without debate or amendment; and
(e) Shall not be moved by a Member who has spoken on the main motion.
Limit or Extend Limits of Debate
5.14 A motion to limit or extend the limits of debate:
(a) Shall not be debatable;
(b) May be amended;
(c) May be reconsidered; and
(d) Shall require a two-thirds majority vote.
Postpone to a Definite Time
5.15 (a) A motion to postpone a matter to a definite time (defer) shall be
debatable, amendable and may be reconsidered.
(b) If a matter has been postponed to a definite time and a Member wishes to
bring it back before the appointed time, the motion to bring the matter
back shall require a two-thirds majority vote.
Motion to Refer
5.16 Motion to refer a matter to a different entity shall not be debatable or amendable
and shall not be reconsidered or tabled.
Motion to Amend
5.17 A motion to amend:
(a) Shall be debatable and may be reconsidered;
(b) Shall be relevant to the main motion;
(c) Shall receive the disposition of the Council before a previous amendment
or the motion;
(d) Shall not be further amended more than once, provided that further
amendments may be made to the main motion;
(e) Shall not be in order if it proposes a direct negative to the main motion;
(f) Shall be put in the reverse order to that in which it is moved; and
(g) May be presented by the mover and seconder of the main motion.
5.18
Procedural By-law 4835-06.C
--.:: ~-. -.'-:-:r: ... );·--i:/;4~ . .
A motion to postpone i!1~.€iti.fliti:iio/ (to table) shall be debatable, shall not be
amended and may be recohsideretl.
MQ.\lQn to take from the Table
5.19 A motion to take from the table:
(a) Shall not be in order when another motion is before the meeting;
(b) Shall not be debatable or amendable;
(c) When resolved in the negative, shall not be presented again until after
some intermediate proceedings have been completed by the Council; and
(d) When resolved in the affirmative, the matter taken from the table shall not
be laid on the table again until after some intermediate proceedings have
taken place.
Reconsideration
5.20 (a) After a resolution/By-law that determines the final outcome of a main
(b)
(c)
(d)
(e)
(f)
(g)
(h)
motion has been enacted, Council may not reconsider or rescind such
resolution/By-law for a period of six months, except in accordance with
these provisions.
Any Member may give notice of a motion to reconsider or rescind a
resolution/By-law.
Such notice may only be given during the New Business/General
Information -Councillors section of a meeting and may relate to a
resolution/By-law enacted during that meeting or at a prior meeting.
If the motion is seconded, Council may only enact such a motion by a two-
thirds majority vote.
Where it is determined that a resolution/By-law shall be reconsidered, no
further action shall be taken to carry into effect the affected resolution/By-
law until after the motion to reconsider has been disposed of, either at the
next regular meeting or at a special meeting called to consider the motion
to reconsider.
No discussion of the affected resolution/By-law shall be allowed at a
Council meeting where notice to reconsider is given, until Council has
voted to reconsider the same, but the Member giving such notice shall
have the privilege of stating the reasons for doing so.
When the affected resolution/By-law is reconsidered, either at the next
regular meeting or at a special meeting, it shall be declared lost, unless
passed by the majority of the Members present.
Once a resolution/By-law has. been the subject of a motion to reconsider
duly seconded and voted on, such resolution/By-law may not again be
reconsidered until six months after its original enactment and no resolution
to reconsider may itself be the subject of a motion to reconsider.
PART II-STANDING COMMITTEES
S.ection 6 -Creation and Disposition
6.1 Council hereby establishes a General Committee.
6.2 Standing Committees shall only be discontinued by amendment to this By-law.
Procedural By-law 4835-06.C
§.ectior\7 -I erms of Refereild~'
7.1 The General Committee may consider delegations, correspondence, staff
reports and matters for discllssioh in relation to matters ordinarily within the
competem:e of the Municipal Corporation'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.
7.2 The General Committee may consider the Records and Reports of such Ad Hoc
and Advisory Committees as have been directed by Council to report to the
General Committee.
7.3 The General Committee shall act as the Audit Committee and shall have
separate terms of reference for its Audit Committee functions.
7.4 Upon consideration of such matters as are provided for herein, the General
Committee shall report to and make recommendations to Council.
Section 8 -Membership
8.1 All Members of Council shall be General Committee members.
Section 9 -Chair
9.1 The Chair for the General Committee shall be rotated among the Members of
Council, excluding the Mayor, on a meeting to meeting basis, in order of elected
officials concurrent with the present term of this Council.
9.2 The Chair shall have such responsibilities and powers as are provided for the
Chair in Part I of this By-law.
9.3 In the absence of the person appointed as Chair, the Committee Members shall
appoint one of their members as Chair for the purposes of t.hat meeting.
Section 1 0 -Quorum
10.1 A quorum for the General Committee shall require the attendance of a majority
of the appointed Council Members.
Section 11 -Administrative Support
11.1 The duties of the Secretary to the General Committee shall be carried out by the
Municipal Clerk including preparation of an Agenda and Attachments, the giving
of notice, recording the proceedings, including Records of such proceedings on
Agendas for Council's consideration and related correspondence.
Section 12-Open Meetings & Notice of Meetings
12.1 The General Committee shall meet on the first and third Tuesday of the month
at 7:00 p.m. or as determined and approved by resolution of Council.
12.2 The provisions in Part I in relation to scheduling Regular and Special Meetings,
Notice of Meetings provided to Council Members and to the Public and Open
Meetings apply to meetings of the General Committee.
Section 13-Order of Business
13.1 It is intended that the conduct of all Standing Committee Meetings shall be
formal.
13.2 The Order of Business of General Committee shall in all cases be taken up in
the following sequence, unless decided otherwise by the majority of the
Members present:
Procedural By-law 4835-06.C
> Oeclarat!on ofPecuQl,~~ i~f~¥~~t
~ Approva1 of the, Agent!@ "" ' >· Adoption of the Minutes < .. ·· » Determination of I terns Requiring Separate Discussion
> Adoption. of Items Not Requirir19 Separate Discussion
> New Business/General Information-Councillors
> Delegations > Consideration of Items Requiring Separate Discussion
> Closed Session .
> Adjournment
13.3 Debate on any matter shall proceed formally under the direction of the Chair,
except that Committee Members may speak to any issue more than once
provided all other Committee Members who wish to speak have had an
opportunity to do so.
13.4 No vote taken at a Committee meeting shall be a recorded vote and any vote
previously taken during that meeting may be reconsidered.
13.5 The Chair shall have authority to determine the conduct of members in
accordance with Section 4 herein.
Section 14-Reporting
14.-1 The General Committee shall report directly to Council.
14.2 No discussion or recommendation of the General Committee shall constitute an
act of Council unless such recommendation is adopted by Council.
14.3 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 the
recommendation as endorsed by General Committee.
PAI3T Ill-AD HOC COMMITTEES
Section 15 -Creation and Disposition
15.1 Council may from time to time by resolution establish such Ad Hoc Committees
as it deems appropriate.
15.2 Ad Hoc Committees shall be discontinued by Council resolution when their
recommendations upon the specifted initiative or matter have been provided
and further recommendations are no longer required.
Section 16 -Terms of Reference
16.1 Ad Hoc Committees may consider delegations, correspondence, staff reports
and matters for discussion in relation to the initiative or matter specified in their
Terms of Reference in order to provide recommendations to General
Committee.
16.2 Whenever possible the operating Terms of Reference shall be established by
Council concurrent with the creation of the Ad Hoc Committee. In circumstances
where to do so is not possible as a prelude to undertaking any other action, the
Ad Hoc Committee shall meet. prepare and submit to General Committee the
Terms of Reference for approval as soon as is practicable.
Section 17 -Membership
17.1 The Mayor (or Deputy Mayor when acting in the place and stead of the Mayor)
shall be ex-officio a Member of all Ad Hoc Committees as may be established
fmm time to time. Accordingly, the ex-officio member may take part in
discussions but may not take part in the vote unless that member is counted in
order to form a quorum.
17.2 Council shall appoint all of the members to its Ad Hoc Committees and such
persons may be such Council Members, or members of the public as Council
determines may be of assistance to its Ad Hoc Committees.
Procedural By-law 4835-06.C
17.3 CounCil Members who are r\qtCoth,mittee Members shall be entitled to attend
all .A.d Hoc Committee m~eti11gs, including any in-camera portion of the meeting
and shall be entitled to speak, bUt shall not be entitled to vote.
Section 18 -Chair
18.1 The Chair and Vice Chair shall be elected from among members of the
committee and shall have such responsibilities and powers as are provided for
the Chair in Part I of this By-law.
18.2 In the absence of the person appointed by Council as Chair, the Committee
Members shall elect one of their members as Chair for the purposes of that
meeting.
18.3 The Chair shall provide leadership and direction to the Committee, and in
consultation with such staff shall review and approve the content of the Agenda
including any attachments for each Committee meeting.
18.4 The Chair shall direct the affairs of the Committee in accordance with the
provisions of this By-law, applicable policies and procedures of the Municipal
Corporation and provincial legislation.
Section 19 -Quorum
19.1 A quorum for Ad Hoc Committees shall require the attendance of a majority of
the members who may have been appointed.
Section 20 -Administrative Support
20.1 The duties of the Secretary to each Ad Hoc Committee shall be carried out by
staff as appointed by the C.A.O. in consultation with the Chair and each
Secretary shall continue under the supervision of their respective Department
Head.
20.2 Where the staff person appointed by the C.A.O. is unavailable, Committee
members shall appoint a person as Secretary for the purposes of that meeting.
20.3 The Secretary shall prepare an Agenda and Attachments at the direction of the
Chair and shall make such materials available as provided in this By-law to all
Council Members, to the Committee's Members, to the C.A.O. and the Clerk
and the Secretary shall provide Notice of the meeting to the public in
accordance with the provisions of Section 2 herein
20.4 Where materials are provided for the Committee's consideration that were not
previously circulated with the Agenda and Attachments, the Secretary shall
make such materials available to all Council Members, the C.A.O. and the Clerk
as soon as is practicable after the Committee meeting by placing a copy of such
materials in the internal mail system of the Municipal Corporation.
20.5 The Secretary shall prepare and provide, under the signature of the Chair, a
Committee Report of the Committee's meetings to the Clerk for inclusion on the
General Committee Agenda.
20.6 The duties of Ad Hoc Committee Secretary shall not include circulation of
correspondence arising from adoption of Ad Hoc Committee recommendations
by Council, since that function will be provided by the Clerk.
20.7 It shall also be open to the C.A.O to provide the Committee with staff technical
support should the matters to be considered by the Committee require such
expertise and, in such cases, the role of the Secretary may be separated or
consolidated with the role of the technical support person.
Procedural By-law 4835··06.C
21.1 Meetings of Ad Hoc Cbmrnitie§sappointed by Council shall be held at the
Aurora Town Hall or other dis1i!Jiiity accessible Town owned facility at a time
and date established by the Cornmittfle at the beginning of the year/term, unless
it is in the public interest to temporarily convene a meeting at another location
within the Town of Aurora. ·
21.2 Any meeting of an Ad Hoc Committee may be cancelled or scheduled subject to
the approval of the majority of the committee, and proper notice of the change
shall be circulated to the media and posted on the Town's Notice Board if
possible.
21.3 The Secretary shall give notice of all meetings by making available for pick-up
or electronically if requested a copy of the Agenda and Attachments to all
Council Members, to the Committee's Members, to the GAO. and to the Clerk.
21.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the
lobby of the Town Hall and shail make 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.
21.5 Where a meeting is called upon less than twenty-four (24) hours advance
notice, it shall be the responsibility of the Chair and the Secretary to make
reasonable efforts to provide notice to those concerned.
21.6 All meetings of Ad Hoc Committees shall be open to the public, except as
provided for in Section 2 herein, and Committee Members shall observe all
provisions respecting Closed Session meetings in this By-law. Materials
supplied for Closed Session consideration must previously have been circulated
to all Members of Council, the C.A.O. and the Clerk, taking due care to ensure
the confidentiality of such materials.
Section 22 -Procedures and Rules of Debate
22.1 It is intended that the conduct of all Ad Hoc Committee Meetings shall be
formal.
22.2 The order of business shall include disclosures of interest and the Committee
shall have authority to hear delegations and to consider reports and
correspondence in addition to topics for general discussion within the
Committee's Terms of Reference.
22.3 Debate on any matter shall proceed formally under the direction of the Chair,
except that Committee Mernbers may speak to any issue more than once
provided all other Committee Members who wish to speak have had an
opportunity to do so. ·
22.4 No vote taken at a Committee meeting shall be a recorded vote and any vote
previously taken during that meeting may be reconsidered.
22.5 The Chair shall have authority to determine the conduct of members in
accordance with Section 4 herein.
Section 23-Reporting
23.1 No discussion or recommendation of an Ad Hoc Committee shall constitute an
act of Council unless such recommendation is presented to General Committee
and then adopted by Council.
PART IV-ADVISORY COMMITTEES
9ection 24 -Creation and Disposition
24.1 Council may from time to time by resolution establish such Advisory Committees
as it deems appropriate to provide directions to such Department Heads as it
may designate on a specific initiative or matter.
Procedural By-law 4835··06.C
i(''
24.2
- ; ._;_:· __ : :·. ',-_,-~;:,y',<t
Advisory Committees shall be di§Cohtinued by Council resolution when their
recommendations upon t~~§f.l~qified initiative or matter have been provided
and further recommendation~ ar& ho longer required.
Section 25-Terms of Reference
25.1 Advisory Committees may consider delegations, correspondence, staff reports
and matters for discussion in relation to their Terms of Reference in order to
provide recommendations to General Committee.
25.2 Whenever possible the operating Terms of Reference shall be established by
Council concurrent with the creation of the Advisory Committee. In
circumstances where to do so is not possible as a prelude to undertaking any
other action, the Advisory Committee shall meet and prepare the Terms of
Reference for inclusion in a Report to General Committee for approval as soon
as is practicable. ·
Section 26 -Membership
26.1 Council shall appoint all of the members to its Advisory Committees and such
persons may consist of Members of Council and members of the public as
Council determines may be of assistance to its Advisory Committees.
26.2 Council Members who are not Committee Members shall be entitled to attend
all Advisory Committee meetings, including any in-camera portion of the
meeting, and shall be entitled to speak, but shall not be entitled to vote. This
privilege shall not be extended to Statutory Committees or Boards such as the
Committee of Adjustment, or the Library Board.
Section 27 -Chair
27.1 The Chair and Vice Chair shall be elected from amongst members of the
Committee, and shall have such responsibilities and powers as are provided for
the Chair in Part I of this By-law.
27.2 In the absence of the Chair, the Committee Members shall elect one of their
members as Acting Chair for the purposes of that meeting.
27.3 The Chair shall provide leadership and direction to the Committee and in
consultation with staff shall review and approve the content of the Agenda
including any attachments for each Committee meeting.
27,4 The Chair shall direct the affairs of the Committee in accordance with the
provisions of this By-law and applicable policies and procedures of the
Municipal Corporation and provincial legislation.
Section 28 -Quorum
28.1 A quorum for Advisory Committees shall require the attendance of a majority of
the members who have been appointed.
Section 29-Administrative Support
29.1 The duties of the Secretary to each Advisory Committee shall be carried out by
staff as directed by the Clerk.
29.2 Where the staff person is unavailable, Committee members shall appoint a
person as Secretary for the purposes of that meeting.
29.3 The Secretary shall prepare an Agenda and Attachments at the direction of the
Chair and shall make such materials avaiiable as provided in this By-law to all
Council Members, to the Committee's Members, to the C.A.O. and the Clerk
and the Secretary shall provide Notice of the meeting to the public in
accordance with the provisions of Section 2 herein.
Procedural By-law 4835-06.C
29.4 Where materials are prCJ\Iid~t:lt¢.rJne Committee's consideration that were not
previously circulated witfi Jli~ ~~~lid a and Attachments, the Secretary shall
make such materials available tO al! Council Members, the C.A.O. and the Clerk
as soon as is practicable aft¢i"tne Committee meeting by placing a copy of such
materials in the internalll'lail systen1 of the Municipal Corporation.
29.5 The Secretary shall prepare and provide, under the signature of the Chair, a
Committee Report of the Committee's meetings to the Clerk for inclusion on the
General Committee Agenda.
Section 30 -Open Meetings & Notice of Meetings
30.1 Meetings of Advisory Committees appointed by Council shall be held at the
Aurora Town Hall or other disability accessible Town owned facility at a time
and date established by the Committee atthe beginning of the year/term, unless
it is in the public interest to temporarily convene a meeting at another location
within the Town of Aurora.
30.2 Any meeting of an Advisory Committee may be cancelled or scheduled subject
to the approval of the majority of the committee, and proper notice of the
change shall be circulated to the media and posted on the Town's Notice Board
if possible.
30.3 The Secretary shall give notice of all meetings by making available for pick-up a
copy of the Agenda and Attachments to all Council Members, to the
Committee's Members, to the C.A.O. and to the Clerk.
30.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the
lobby of the Town Hall and shall make 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.
30.5 Where a meeting is called upon less than twenty-four (24) hours advance
notice, it shall be the responsibility of the Chair and the Secretary to make
reasonable efforts to provide notice to those concerned.
30.6 All meetings of Advisory Committees shall be open to the public, except as
provided for in Section 2 herein, and Committee Members shall observe all
provisions respecting Closed Session meetings in this By-law. Materials
supplied for-Closed Session consideration must previously have been circulated
to all Members of Council, the C.A.O. and the Clerk. taking due care to ensure
the confidentiality of such materials.
Section 31-Procedures and Rules of Debate
~~1.1 It is intended that the conduct of all Advisory Committee Meetings shall be
formal.
31.2 The order of business shall include disclosures of i.nterest and the Committee
shall have authority to hear delegations and to consider reports and
correspondence in addition to topics for general discussion within the
Committee's Terms of Reference. ·
31.3 Debate on any matter shall proceed formally under the direction of the Chair,
except that Committee Members may speak to· any issue more than once
provided all other Committee Members who wish to speak have had an
opportunity to do so.
31.4 No vote taken at a Committee meeting shall be a recorded vote and any vote
previously taken during that meeting may be reconsidered.
31.5 The Chair shall have authorityto determine the conduct of members in
accordance with Section 2 herein.
Procedural By-law 4835-06.C
Section 32 -Reporting
32.1 No discussion or recomrrieHdgtion 6f an Advisorv Committee shall constitute an
act of Councii unless suchf-et)o!llmi'mdation is presented to General Committee
and then adopted by Council: ·
PART V-LOCAL BOARDS
Section 33 -Creation and Disposition
33.1 Council may from time to time by By-law establish such Local Boards as it
deems appropriate to carry out those functions which Council may lawfully
authorize such Locai.Boards to perform, pursuant to the statute authorizing the
creation of the Local Board.
33.2 Local Boards shall only be discontinued by Council By-law, provided such Local
Boards are not mandated by provincial legislation.
Section 34-Terms of Reference
34.1 The operating Terms of Reference shall be provided in the Council By-law
establishing the Local Board or subsequent amendments thereto within the
jurisdiction of Council and in the provincial legislation authorizing creation of the
Local Board.
Section 35 -Membership
35.1 The members for each Local Board shall be appointed from time to time by By-
law or resolution.
35.2 Council Members who are not Local Board Members shall be entitled to attend
all Local Board meetings and shall be entitled to speak at the invitation of the
Chair, but shall not be entitled to vote.
Section 36 -Chai~
36.1 The Chair of each Local Board and the term of the Chair shall be determined by
Local Board Members except to the extent that Provincial legislation or a
Council By-law relating specifically to that Local Board provides otherwise.
36.2 In the absence of the person elected as Chair, the Local Board Members shall
elect one of their members as Chair, as well as a Vice Chair.
36.3 The Chair shall provide leadership and direction to the Local Board and in
consultation with staff, shall review and apprdve the content of the Agenda
including any attachments for each Local Board meeting.
36.4 The Chair shall direct the affairs of the Local Board in accordance with the
provisions of this By-law, applicable policies and procedures of the Municipal
Corporation and provincial legislation.
Section 37 -Quorum
37.1 Except to the extent that Provincial legislation or a Council By-law relating
specifically to that Local Board provides otherwise, a quorum for the Local
Boards shall require the attendance of a majority of the Local Boards Members
who may have been appointed.
Section 38-Administrative Support
38.1 The duties of the Secretary to each Local Board shall be carried out by staff as
appointed by the C.A.O, and each Secretary shall continue under the
supervision of their respective Department Head.
38.2 Where the staff person appointed by the C.A.O. is unavailable, Local Board
members shall appoint a person as Secretary for the purposes of that meeting.
38.3
38.4
38.5
38.6
Procedural By-law 4835-06.0
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The Secretary shall prepare an fj((:ferida and Attachments at the direction of the
Chair and shall make such rnateri.als available as provided in this Bv-law to all
Council Members, to the Boatel's Members, to the C.A.O. and the Clerk and the
Secretary shall provide Notice of the meeting to the public in accordance with
the provisions of SectioriQ;herein, subject to applicable provincial legislation.
Where materials are provided for the Board's consideration that were not
previously circulated with the Agenda and Attachments, the Secretary shall
make such materials available to all Council Members, the C.A.O. and the Clerk
as soon as is practicable after the Local Board meeting by placing a copy of
such materials in the internal mail system of the Municipal Corporation.
The Secretary shall prepare a formal Record of the Local Board's meetings to
be provided for the information of General Committee under the signature of the
Chair, if so directed by the Chair of the Local Board, or shall prepare an informal
Record of the Board's meetings to form part of the files retained by the
Municipal Corporation, subject to applicable provincial legislation.
Where the Local Board's meetings generate recommendations to be considered
by Council, the Secretary shall prepare a Local Board Report under the
signature of the Chair to be placed on the General Committee Agenda for
consideration.
Section 39 -Open Meetings & Notice of Meetings
39.1 Meetings of Local Boards ·appointed by Council shall be held at the Aurora
Town Hall or other disability accessible Town owned facility at a time and date
established by the Committee at the beginning of the year/term, unless it is in
the public interest to temporarily convene a meeting at another location within
the Town of Aurora.
39.2 Any meeting of a Local Board rnay be cancelled or scheduled subject to the
approval of the majority of the committee, and proper notice of the change shall
be circulated to the media and posted on the Town's Notice Board if possible.
39.3 The Secretary shall give notice of all meetings by making available for pick-up a
copy of the Agenda and Attachments to all Council Members, to the Local
Board's Members, to the C.A.O. and to the Clerk.
39.4 The Secretary shall also place a copy of the Agenda on the bulletin board in the
lobby of the Town Hall and shall make 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.
39.5 Where a meeting is called upon less than twenty-four (24) hours advance
notice, it shall be the responsibility of the Chair and the Secretary to make
reasonable efforts to provide notice to those concerned.
39.6 All meetings of Local Boards shall be open to the public, except as provided for
in Section 2 herein, and Board Members shall observe all provisions respecting
In-Camera meetings in this By-law. Materials supplied for Closed Session
consideration must previously have been circulated to all Members of Council,
the C.A.O. and the Clerk, taking due care to ensure the confidentiality of such
materials.
Section 40 -Procedures and Rules of Debate
40.1 It is intended that the conduct of all Local Board Meetings shall be formal, and
the meeting shall incorporate all statutory requirements in relation to that Local
Board.
40.2 The order of business shall include disclosures of interest.
40.3 Debate on any matter may proceed formally under the direction of the Chair,
except that Local Board Members may speak to any issue more than once
provided all other Local Board Members who wish to speak have had an
opportunity to do so.
Procedural By-law 4835-06.C
40.4
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The Chair shall have authoritY to determine the conduct of members in
accordance with Section 2 herein.
Section 41 -Reporting
' ,' "' .
41.1 Each Local Board shall report tb the entity set forth in its enabling provincial
legislation or the Council By-law enacted in relation to that Board.
41.2 No discussion or recommendation of a Local Board shall constitute an act of
Council unless such recommendation is presented to General Committee and
then adopted by Council.
PART VI-GENERAL PROVISIONS
Section 42 -Financial Budget Allocations
42.1 Any budget allocations for Ad Hoc Committees, Advisory Committees, and Local
Boards shall be used solely for the purpose of the mandate established in the
Terms of Reference or as approved by Council.
!3ection 43-Electronic Recordings
43.1 Electronic recordings of proceedings shall occur at all public meetings of
Council, General Committee, Public Planning and any other Committees
deemed by Council resolution.
Section 44 -Assembly
44.1 In this By-law, "Assembly" means an informal gathering of Members of Council
or of a Committee, held in accordance with this section.
44.2 An Assembly shall not be deemed to be a meeting ofthe Council or Committee
and shall not be subject to the rules and regulations applicable to meetings,
contained in this By-law.
44.3 The Council may decide, at a meeting open to the public, to convene an informal
gathering of its Members, or of the Members of a Committee, to receive and
discuss information or advice of a general nature involving subject matters of
interest to the Members. at a time and place designated at that time by the
Council or Committee.
44.4 The Council, in deciding to convene an Assembly, shall designate the general
purpose or purposes for which the Assembly is to be held, and no other matters
may be considered by the Assembly.
44.5 An Assembly may be held at any place designated by the Council at the time at
which it makes its decision to convene the Assembly, whether or not within the
boundaries of the Town or of any adjacent municipality.
44.6 All Members of the Council or Committee respectively are entitled to attend at the
Assembly, together with designated staff or consultants retained by the Town. In
deciding to convene the Assembly, Council or Committee may decide to exclude
the public therefrom.
44.7 No motion, resolution, by-law, debate, agreement in principle, consensus, straw
vote, report, recommendation or other action or decision may be proposed,
discussed, decided upon, adopted, taken or made at an Assembly that would
further the business of the Corporation.
44.8 The Council or Committee shall, at the commencement of an Assembly,
designate a person to make notes describing in general terms each subject
matter dealt with at the Assembly.
44.9 The notes taken pursuant to 44.8 shall, after the conclusion of the Assembly, be
maintained as a public record under the control of the Clerk.
Procedural By-law 4835-06.C
Council shall review the Procedural BY"Iaw Within the first 6 months of the second year
of each term of Council. ·
Section 46-Review of the Council Code of Ethics
Council shall review the Council Code of Ethics within the first 6 months of the first year
of each term of Council.
Section 47-SCHEDULES
Schedule "A"-Audit Committee Terms of Reference and Schedule "B" Council Code of
Ethics, shall form part of the Procedural By-law.
Section 48-SEVERABILiTY.
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 49-CONFLICT
If there is any conflict between this By-law and any statute, the provisions of the statute
shall prevail.
Repeal
By-laws 4280-01.C, 4303-01.C, 4384-02.C, 4396-02.C, 4614-04.C, are hereby
repealed.
READ A FIRST AND SECOND TIME THIS 22nd DAY OF AUGUST, 2006.
READ A THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF AUGUST, 2006.
T. JO
I
SCHEDULE "A"
Terms of Reference
Town of Aurora Audit Committee
Purpose:-To provide oversight responsibilities for the Town of Aurora's:
)-financial reporting processes;
)-overall guidance and direction to the CAO and Management related to the
Town's system(s) of internal control;
)-internal and external audit processes; and,
)-processes for monitoring compliance with laws and regulations (applicable law),
the Code of Conduct and the Conflict of Interest Policy Statement;
Authority:-The Audit Committee is empowered to:
)-recommend the appointment, dismissal and compensation of the Town's external
auditors;
)-oversee the work of the internal and external auditors of the Town;
)-resolve any disagreements between management and the auditor(s) regarding
financial reporting;
)-retain independent counsel, accountants or others to advise the Committee or
assist in the conduct of an investigation;
)-seek any information the Committee requires from Management, employees
and/or agents of the Municipality;
)-meet with the Town's management team, external auditors, or outside legal
counsel, as required, independently or together;
)-review and recommend for approval audit fee billings in excess of the approved
budget for the completed audit of the period year; and
)-review the audit plan and audit fee schedule for the ensuing year end.
Composition:
);> The Audit Committee is comprised of all Members of Council (General
Committee) and reports directly to the Council of the Town of Aurora.
Meetings:
);> the Audit Committee will shall meet at minimum two times per year with authority
to convene additional meetings, as circumstances require;
);> meetings of the Audit Committee will be open to the public subject to exceptions
pursuant to Section 239 (2) of the Municipal Act, 2001, as amended;
);> the Committee will invite members of management, auditors and/or others to
attend meetings and provide pertinent information, as necessary;
);> meeting agendas will be prepared and provided in advance to members, along
with appropriate briefing materials; and
);> minutes will be prepared.
Financial Statements
);> review significant accounting and reporting issues, including complex or unusual
transactions and highly judgmental areas, recent professional and regulatory
pronouncements, and understand their impact on financial statements;
);> review with management and the external auditors the results of the audit,
including any difficulties encountered;
);> review and receive the annual financial statements with management, and
consider whether they are complete, consistent with information known to
Committee members, and reflect appropriate accounting principles;
);> recommend to Town Council the approval of the annual financial statements; and
);> review with management and external auditors all matters required to be
communicated to the Committee under Generally Accepted Auditing Standards.
Internal Control
>-consider the effectiveness of the Town's internal control system(s), including
information technology security and control;
>-understand the scope of internal and external auditor's review of internal control
and obtain reports on significant findings and recommendations, together with
Management's responses and the timing of the disposition of significant findings;
and
>-review the external auditor's Management Letter (if any) together with
Management's responses.
External Audit
>-review the external auditor's proposed audit scope and approach;
>-subject to Section 296 of the Municipal Act, 200/ , as amended, review the
performance of the external auditors, and recommend to Town Council the
appointment or discharge of the auditors;
>-review and confirm the independence of the external auditors by obtaining
statements from the auditors on relationships between the auditors and the Town
of Aurora, including non-audit services, and discussing the relationship with the
auditors; and
>-review the audit plan and audit fees for the ensuing year end.
Internal Audit
>-review the Town's control processes and systems to ensure compliance with
Town's policies, laws and regulations which impact operations and reports;
>-review policies used to safeguard corporate assets and verify the existence of
these assets; and
>-review the efficiency and effectiveness of the utilization of the Town's resources
on programs and projects.
Compliance
~ review the effectiveness of the system(s) for monitoring compliance with laws
and regulations and the results of Management's investigation and follow-up
(including disciplinary action) of any instances of non-compliance;
~ review the findings of any examinations by regulatory agencies, and any auditor
observations;
~ review the process for the communication of the Code of Conduct and Conflict of
Interest Policy Statement to Town personnel, and for monitoring compliance
therewith; and
~ obtain regular updates from Management and the municipality's legal counsel
regarding compliance matters.
Reporting Responsibilities
~ report to the Town Council about Audit Committee activities, issues and related
recommendations;
~ provide an .open avenue of communication between the external auditors and
Town Council; and
~ review any other reports the Municipality issues that relate to Audit Committee
responsibilities.
Other Responsibilities
~ perform other activities related to these Terms of Reference as requested by
Town Council;
~ institute and oversee special investigations as required; and
~ review and asses the adequacy of the Audit Committee Terms of Reference
annually, requesting Council approval for proposed changes and ensure
appropriate disclosure as may be required by law or regulation.
•
SCHEDULE "B" ==~
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Town of Aurora
CODE OF ETIDCS
for
N.ffiMBERS OF COUNCIL
"\ovJn. of ,.cf~ ~'ZJA g :%
A Place We're Proud To Call Home.
,.,, May 1997
• Town of Aurora
CODE OF ETHICS
for
Memben of Council
PREAMBLE
Attaining an elected position within one's community is a privilege which carries significant
responsibilities and obligations. Members of Council are held to a high standard as leaders of the
community and they are expected to become well informed on all aspects of municipal governance,
administration, planning and operations. They are also expected to carry out their duties in a fair,
impartial, transparent and professional manner. ·
The key stakeholders, although obvious at first, represent a broad base of interests and concerns
which require fair and open attention, adjudication and disposition. These key stakeholders include
but are not limited to;
0 Residents
o Taxpayers
o Staff
0 Development Industry
o Ratepayers Associations
o Chambers of Commerce
0 Province of Ontario (G.T.S.B., G.T.A.)
0 Region of York
0 School Boards and Other Public Agencies
0 Supplien
0 Other Memben of Council
To assist Town of Aurora Members of Council in interacting effectively with all stakeholden, the
following obligations·are expected of each of them;
a) That they solemnly promise, declare and carry out their responsibilities as prescribed in
the oath of office
b) That they subscribe to the principles within the Town of Aurora Corporate Values
Document ·
c) That they learn and follow the Procedural By-law for Council and its Committees
d) That they read, understand and follow the provisions ofthe Municipal Act and Municipal
Conflict of Interest Act which apply directly and indirectly to the role of Member of
Council
e) That they read, understand and strive to further the objectives articulated in the Town's
Strategic Plan
A "Code of Ethics" for Members of Council has been prepared for their personal review and
reference so as to;
i) augment communication to the public in the role and integrity of municipal politicians in
the Town of Aurora,
ii) to provide present and future Councils with additional assistance and guidelines as they
perform their elected duties and responsibilities, and
iii) to assist Members of Council in providing leadership by example to staff.
It is hoped that this will be viewed by each Member of Council as a valuable added resource and
guideline to assist them in fulfilling their mandate in an effective, open and efficient manner.
''"-'
•
Town of Aurora
CODE OF ETHICS
for
Members of Council
The Town of Aurora's Members of Council fundamentally understand that;
a) the proper operation of democratic and representative municipal government requires that
they be independent, impartial and responsible to the people,
b) there are open and proper channels for decision making and approval of policy,
c) conflicts between private interests and public respcmsibilities are unacceptable and must
be avoided, and
d) as leaders of the community, they are held to a higher standard of behaviour and conduct.
Although areas of ethical exposure are generally consistent and understood in municipal governance,
the following areas and guidelines have been specifically identified in our community, as being
paramount to the muiticipal political process;
I. Roles and Obligations
2. Use of Information
3. Communications and Media Relations
4. Relationships with Staff
5. Gifts and Benefits
6. Conflicts oflnterest
7. Use of Property
8. Transparency
9. Public Input
I 0. Professional Development
Accordingly this document will provide a guideline for elected officials in exercising their policy
making role having regard to the statements and ideals as enunciated hereunder.
1. Roles and Obligations
Council Members recognize their mandate incorporates tasks to include;
• Fairly representing the diversity of community views in developing an overall strategy
for the future of our Town
• Setting objectives and determining strategies to achieve Council's Corporate objectives
in the Strategic Plan
•
Town of Aurora
CODE OF ETHICS for
of 3
• Achieving sound financial management, planning and accountability
• Being aware of and conversant with the statutory obligations imposed on Council as a
whole, as well as each individual Member of Council
2. :TJSe'~of1Informatian
In their decision making process, Members of Council are sometimes privy to information
which may be confidential or controversial such as, but not limited to "In Camera" meetings.
It is expected that they will;
• Use "insider'' information appropriately, so as not to be used to their personal
advantage
• Use confidential information appropriately so as not to cause detriment or benefit to
others
• R:espect''thestatus~,o€~canfidentiai,U!ersonnel;clegakproperty'acquisition)~,information
un,til,,the,matterceases~to,be,confidential ,llS~,determined,by,,Couni::il •
• Understand that they enjoy the same access rights to municipal information as any other
member of the community, unless it is specifically relevant to a matter before the
Council
• Only release information according to the provisions of the Municipal Freedom of
Information and Protection of Individual Privacy Act
3. Communications and Media Relations
Members of Council will accurately and adequately communicate the attitudes and decisions
of Aurora's Council, even if they disagree with a majority decision of Council so that;
• There is respect for the decision making processes of Council
• Official information related to decisions and resolutions made by Council will normally
be communicated in the first instance to the community and the media in an official
capacity by the Mayor or designate.
• Information concerning adopted policies, procedures and decisions of the Council is
conveyed openly and accurately.
• Confidential information will be communicated only when and after determined by
Council.
•
Town of Aurora
CODE OF ETHICS/or
Members of Council
4. Relationships with Staff and Other Members of Council
Members of Council will;
Page4
• Read and respect the guidelines contained in the "Complimentary Roles and
Responsibilities of Council and the Administration" document.
• Acknowledge that only Council as a whole has the capacity to direct staff members to
carry out specific tasks or functions.
• Refrain from using their position to improperly influence members of staff in their duties
or functions or to gain an advantage for themselves or others.
• Refrain from publicly criticizing individual members of staff in a way that casts
aspersions on their professional competence and credibility.
5. Gifts and Benefits
Members of Council will only;
• Accept gifts, hospitality or entertainment of a nominal value that could not be
reasonably construed as being given in anticipation or recognition of special
consideration by the Corporation.
• Accept hospitality or entertainment if the offer is infrequent (less than 2 or 3 times a
year) and appropriate to the occasion. In these circumstances it is assumed that the
nature of the business discussed is important enough to the Town that reciprocal
arrangements should openly be made and charged to the Town.
Members of Council will;
• Acknowledge that the Mayor will in his/her role, periodically receive and distribute
ceremonial or other similar items
6. Conflicts of Interest
Members of Council will recognize their obligations to;
• Follow and respect both the letter and spirit of the provisions of the Municipal Act and
the Municipal Conflict of Interest Act, 1994, as amended from time to time.
• Town of Aurora
CODE.OF ETHICS/or
Members of Council
7. Use of Property
Me!llbers of Council wiD;
PageS
• only use Town property, equipment, supplies or services of consequence, for activities
coMected with the discharge of official duties or associated community activities having·
the sanction of Council or its Committees.
8. Transparency & OpeMess in Decision Making
Members of Council will endeavour to;
• conduct and convey Council business in an open and public roaMer (other than .for
those decisions of a persoMeL legal or property acquisition matter) so that stakeholaers
can obtain the process, logic and rationale which was used to reach conclusions or
decisions.
9. Public Input .
. Council will periodically use formal and informal opportunities to seek public input as a
component of the decision making p~ which have broad impacts on the community. The
purpose of the exercise will be to provide stakeholders with a mechanism to provide opinions
and advice so that the widest range ofviews and information is available before final decisions
are made.
I 0. Professional Development
Members of Council have an obligation to promote, support, pursue and partake in
opportunities for professional development, including but not limited to;
• AMO Conference
• Ministry of Municipal Affairs and Housing seminars
• Provincial Professional Association Training Institutes (OGRA, AMCTO, PRO, etc.)
• Provincial Municipal Council orientation sessions
Council Members are encouraged to stay updated on issues and trends so that they can be as
efficient and effective as possible in the carriage of their duties and responsibilities.
--·"
•
Town of Aurora
CODE OF ETHICS/or
Members of Council
IMPLEMENTATION
Page6
• At the beginning of each tenn, Members of Council will be expected to sign two copies
of the Code ofEthics Document (one for themselves and one for the Clerk's Office) to
convey to each other and all stakeholders that they have read, understand and accept
it.
• A Code of Ethics component will be included as part of the orientation workshop for
each new Council.
• Council Members are expected to formally and informally review their adherence to the
provisions of the Code on a regular basis or when so requested by Council.