BYLAW - Procedure By law - 20161122 - 592016The Corporation of the Town of Aurora
By-law Number 5920-16
Being a By-law to govern the proceedings of
Council and Committee meetings of the Town
of Aurora.
Whereas subsection 238 (2) of the Municipal Act, 2001 requires every Council and local
board to adopt a Procedure by-law for governing the calling, place and proceedings of
Meetings;
Whereas subsection 11 (2) of the Municipal Act, 2001 provides that upper and lower tier
municipalities may pass by-laws respecting accountability and transparency of the
municipality and its operations and of its local boards and their operations; and,
Whereas it is Council's desire to follow a process of municipal governance that reflects
an open, transparent government;
Whereas Council, in the interest of good governance, recognizes a Procedure By-law as
a hallmark of accountability and transparency; and,
Whereas Council considers it necessary to enact a by-law in this regard and to repeal
Procedural By-law Number 5330-11, as amended;
Therefore Council hereby enacts as follows:
1. Definitions
In this Procedure By-law:
a) "CAO" means the Chief Administrative Officer of the Town or his/her
designate;
b) "Chair" means the presiding officer at a meeting of Council or a
Committee;
c) "Clerk" means the Clerk of the Town or his/her designate;
d) "Closed Session" means a Meeting, or part of a Meeting of Council or
a Committee, which is closed to the public as permitted by the
Municipal Act, 2001;
e) "Code of Ethics" means the "Code of Ethics", a declaration of the
principles of good conduct and ethics.
f) "Committee" means any Standing Committee of Council or an
advisory or special Committee established by Council from time to time;
g) "Confirming By-law" means a by-law passed for the purpose of giving
effect to a previous decision or proceeding of Council;
h) "Council" means the Members of Council of the Town of Aurora;
i) "Delegation" means an address to Council or a Committee at the
request of a person wishing to speak;
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j) "Deputy Mayor" means the Councillor who received the highest
number of votes in the last regular election;
k) "Director" means a Director of the Town or his/her designate;
1) "Friendly Amendment" means the Motion under debate is amended
with the consent of the mover and seconder, and without the
requirement for an amending Motion to be made;
m) "Frivolous" means a submission or comment that is without merit or
substance or is trivial;
n) "Inaugural Meeting" means the first Meeting of Council after a regular
election;
o) "Local Board" means a local board defined by the Municipal Act, 2001;
p) "Mayor" means the Mayor of the Town;
q) "Meeting" means any regular, special or other Meeting of Council or a
Committee and includes a Workshop;
r) "Member" means any individual elected to Council or a person
appointed by Council to a Committee;
s) "Motion" means 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;
t) "Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001,
c.25, as amended;
u) "Municipality" means The Corporation of the Town of Aurora;
v) "Notice" means written notice, except where legislation, by-law or
Corporate Policy provides for another form and manner of notice;
w) "Offending Member" means a Member who has been found by the
Chair or by Council or by a Committee to have disobeyed a rule in this
Procedure By-law or a Chair's ruling;
x) "Point of Order" means a Motion raised by a Member drawing
attention to an infraction of this Procedure By-law;
y) "Point of Personal Privilege" means a Motion raised by a Member
which concerns the health, safety, rights, or integrity of the Member, the
Council, a Committee or anyone present at a Meeting;
z) "Procedural Matter" means a matter or Motion of a procedural nature;
aa) "Public Planning Meeting" means a Meeting held pursuant to the
Planning Act, R.S.O. 1990, c. P.13, as amended, or other statute;
bb) "Quorum" means the number of Members required for the legal
conduct of the business of Council or a Committee.
cc) "Resolution" shall mean the decision of Council on any Motion;
dd) "Robert's Rules of Order" means the most current edition of Robert's
Rules of Order, Newly Revised;
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ee) "Rules of Procedure" means the rules and regulations contained in
this Procedure By-law and that govern the proceedings of Council and
its Committees;
ff) "Staff" means employee(s) of the Town;
gg) "Standing Committee" means a Committee established by Council
and consisting solely of all Members of Council;
hh) "Town" means the Corporation of The Town of Aurora;
ii) "Town Hall" means the municipal offices located at 100 John West
Way, Aurora, Ontario;
jj) "Vexatious" means a submission or comment that is without merit and
pursued in a manner that is malicious or intended to embarrass or
harass the recipient or others;
kk) "Workshop" means a Meeting of Council or Committee for the purpose
of discussing issues in an informal venue.
2. Purpose and Application
a) This By-law (referred to as the "Procedure By-law") establishes the
rules of procedure for Council and Committee Meetings.
3. Principles of the Procedure By-law
a) The principles of openness, transparency and accountability to the
public guide the Town's decision -making process. In the context of
Council and Committee proceedings, this is accomplished by:
i) Ensuring the decision -making process is understood by the
public and other stakeholders;
ii) Providing access to information and opportunities for input by the
public and other stakeholders consistent with the requirements of
this Procedure By-law and other statutory requirements;
iii) Exercising and respecting individual and collective roles and
responsibilities provided for in this Procedure By-law and other
statutory requirements.
b) The protection of basic rights by recognizing the right of the majority to
decide, the minority to be heard and individuals to have the opportunity
to participate.
c) The principles of parliamentary law governing Council and Committee
Meetings include:
i) Every Member has the right to one vote, unless prevented by
law;
ii) Each Member has the right to be heard on a matter, unless
prevented by law;
iii) Each Member has the right to information to help make
decisions, unless prevented by law;
iv) Each Member has the right to an efficient meeting;
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v) Each Member has the right to be treated with respect and
courtesy;
vi) Each Member represents the public and will first and foremost
consider the well-being and interests of the municipality.
4. Interpreting the Procedure By-law
a) In the event of conflict between this Procedure By-law and legislation,
the provisions of the legislation prevail.
b) If there is a conflict between two or more rules in this Procedure By-law,
or if there is no specific rule on a matter, the Chair will rule. In making a
ruling, the Chair may consult the Clerk, rely on previous rulings and
practices, or refer to Robert's Rules of Order.
5. Suspension of Rules
a) Rules of procedure provided for in this Procedure By-law may be
waived by a two-thirds majority vote of Council or a Committee, with the
exception of the following circumstances:
i) Where required by law;
ii) Contractual agreements binding the Town;
iii) Quorum requirements.
b) A Motion to suspend the rules of procedure required by this By-law
shall not be debatable or amendable.
6. Standing Committees
a) General Committee
i) The General Committee shall be comprised of all Members of
Council.
ii) The General Committee may consider delegations,
presentations, correspondence, staff reports and matters which
may require more elaboration and discussion than would be
appropriate in a formal Council Meeting and such other matters
as Council may determine. Recommendations from General
Committee will be considered by Council.
b) Audit Committee
i) The Audit Committee shall be comprised of all Members of
Council.
ii) The Audit Committee shall:
(a) Review audited financial statements;
(b) Review significant management letter comments and
related recommendations;
(c) Review the appointment of auditors; and
(d) Make recommendations regarding the above to Council.
iii) The Committee's mandate shall include operational reviews.
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iv) Meetings will be held at the call of the Chair. Agendas will be
distributed to Members of Council at least forty-eight (48) hours
prior to the Meeting.
c) Budget Committee
i) The Budget Committee will be comprised of all Members of
Council.
ii) The Budget Committee shall make recommendations to Council
on approval of the Town's annual operating and capital budgets.
iii) The Budget Committee has delegated authority to:
(a) Approve the Meeting minutes of the Budget Committee;
(b) Direct staff to bring forward information to the Budget
Committee as needed, and defer matters to a future
General Committee or Budget Committee meeting; and
(c) Direct staff to prepare and bring forth for Council's
consideration a report summarizing Committee
recommendations on the annual capital and operating
budgets.
iv) Budget Committee Meetings will be held as outlined in the
Meeting Schedule, as approved by Council.
7. Committees
a) When not provided for in the Terms of Reference or the Policy for Ad
Hoc/Advisory Committees and Local Boards, the rules of procedure set
out in this By-law shall govern all proceedings of all Committees,
including any Ad Hoc, Advisory Committees, or Local Boards.
8. Chair of Meeting
a) The Chair is the presiding officer at a Meeting of Council or a
Committee.
b) The Chair of a Meeting of Council, Audit Committee, Budget
Committee, a Closed Session or a Workshop Meeting is the Mayor. In
the absence of the Mayor, the Deputy Mayor is Chair.
c) The Chair of a Meeting of General Committee shall be rotated among
the Members of Council, excluding the Mayor, every two (2)
consecutive meetings, in descending order of votes received by the
Members in the last regular election.
d) In the absence of the person appointed as Chair, the Members shall
appoint one of their Members as Chair for the purpose of that Meeting.
e) The Chair and any Vice Chairs of other Committees are appointed in
accordance with the Policy for Ad Hoc/Advisory Committees and Local
Boards, or their Terms of Reference.
9. Duties of the Chair
a) The Chair is responsible for, where applicable:
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i) Chairing the Meeting in an objective manner in accordance with
this Procedure By-law;
ii) Enforcing the rules of order in this Procedure By-law;
iii) Enforcing order and good behaviour of all Members at all times;
iv) Announcing the business before Council or a Committee and the
order in which it is to be considered;
v) Receiving, stating and framing all Motions presented to clarify
their intent as moved;
vi) Ruling on whether a Motion is in order;
vii) Protecting Council or a Committee from a Motion that is
obviously Frivolous or tending to cause delay by refusing to
acknowledge the Motion;
viii) Providing information to Members on any matter related to the
business of Council or a Committee;
ix) Deciding all questions of order at the Meeting, subject to an
appeal by any Member to the Council or a Committee on any
question of order in respect to business before the Council or a
Committee;
x) Deciding to acknowledge, and ruling on, whether a Point of
Order or Point of Personal Privilege is in order;
xi) If a Point of Order or Point of Personal Privilege is in order, ruling
on the Point of Order or Point of Personal Privilege and giving
the facts, circumstances and reasons for the ruling.
xii) If there is an appeal to the ruling of the Chair, announcing the
results of the vote;
xiii) If necessary, recessing a Meeting for a brief, specified time to
consult the Clerk, the CAO or other staff person;
xiv) If there is a threat or imminent threat to the health or safety of
any person, or if there is a possibility of public disorder,
recessing the Meeting for a specified time;
xv) Ensure that Members take a health break by announcing a
minimum ten (10) minute recess after two (2) hours have passed
since the last break;
xvi) Ensuring that all Members who wish to speak on a Motion have
spoken;
xvii) Ensuring clarity, where required, by reading, or requesting the
Clerk, recording secretary or other appropriate person to read
Motions before voting;
xviii) Putting all Motions to a vote and announcing results;
xix) Voting on all matters unless the Municipal Conflict of Interest Act
prohibits it;
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xx) Declining to put to a vote any Motion which contravenes this
Procedure By-law;
xxi) Calling Members to order;
xxii) Ordering a Member, or any other person from the Meeting, in
accordance with this Procedure By-law;
xxiii) Adjourning the Meeting when the business of the Meeting has
concluded; and,
xxiv) Signing all by-laws, resolutions, and minutes when required.
b) 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.
10. Members of Council and Committees
a) Members are responsible for, where applicable:
i) Attending scheduled Meetings;
ii) Carefully considering and making decisions about Meeting
business, including seeking information and advice from staff
prior to and during a Meeting;
iii) Voting on Motions put to a vote;
iv) Respecting the rules of order in this Procedure By-law;
v) Listening attentively, participating in a Meeting and not
interrupting, unless to raise a Point of Order or Point of Personal
Privilege;
vi) Remaining silent in their seats while Council or a Committee
votes and until the Chair announces the result of the vote;
vii) Refraining from using indecent, offensive or insulting language or
speak disrespectfully of any individual.
viii) Refraining from engaging in private conversation while in the
Council Meeting or using communication devices in any manner
that disrupts the Member speaking or interrupts the business of
Council;
ix) Respecting and following the decisions of Council or a
Committee;
x) Not disclosing any of the content of a Meeting that was closed to
the public or provide confidential documents or materials to
unauthorized individuals.
xi) Complying with the Chair's rulings and Council's decisions; and
xii) Complying with the Council Code of Ethics.
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b) If a Member disobeys a rule in this Procedure By-law or a Chair's ruling:
i) After the first occurrence, the Chair calls the Member to order.
ii) After the second occurrence, if the Member continues to disobey
this Procedure By-law or the Chair's ruling, the Chair will
immediately order the Member to leave his/her seat and observe
the Meeting from the audience for the remainder of the Meeting.
iii) Any Member other than the Offending Member may appeal the
Chair's ruling in ii), and Council or a Committee may overturn or
uphold the Chair's ruling. Should the Chair's ruling be
overturned, the Offending Member may return to his/her seat.
iv) If the Offending Member informs the CAO or a Director that
he/she wishes to apologize, the Clerk will inform the Chair of the
Member's request.
v) At the next available opportunity in the Meeting, the Chair will
allow the Offending Member to return to his/her seat to apologize
to Council or a Committee. The apology will not include
additional comments or debate by the Offending Member or by
Council or a Committee.
vi) After an apology is made by the Offending Member, Council or a
Committee may consent to allow the Offending Member to return
to the Meeting.
vii) Should, at any point, the Offending Member create a disturbance
while seated in the audience in accordance with subsection
10(b)ii), the Chair will order the Offending Member to leave the
Council chamber or meeting room.
viii) Council cannot appeal and the Offending Member cannot seek
an apology from Council for the Chair's ruling in accordance with
subsection 10(b)vii).
ix) If the Offending Member refuses to leave his/her seat or leave
the Council chamber or meeting room as required in subsection
10(b)vii), the Chair may request the CAO to contact security or
the police for assistance.
11. Right of Public Input and Notice
a) The public has the right to have input and receive Notice on Council's
decision -making process. The methods for doing so include: writing to
Council through the Clerk; submitting a petition; speaking at an Open
Forum; or speaking as a Delegation. The public will receive Notice in
accordance with the requirements of legislation and this Procedure By-
law.
b) Should an individual wish to be provided with further Notice related to a
matter of business before Council or Committee, he/she is required to
indicate this wish to the Clerk on the prescribed form, which is available
on the Town's website or at the Town Hall.
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12. Members of the Public
a) The Chair may expel or exclude any person who disrupts a Meeting,
and request security and/or police assistance in doing so.
b) No persons, other than Members and Town staff, are permitted to
approach the area where Members and staff are seated.
c) Attendees will submit all materials for Council or Committee through the
Clerk or his or her designate.
d) Attendees are responsible for:
i) Maintaining order and not heckling, or engaging in
conversations, displaying placards or props or any behavior that
may be considered disruptive;
ii) Speaking respectfully at all times;
iii) Using recording, broadcasting or streaming devices respectfully,
and should the Chair direct it, moving or ceasing to use
recording, broadcasting or streaming devices.
e) All communication devices shall be turned off or set to silent mode
during any meeting, with the exception of assistive devices for people
with disabilities.
13. Preparation of Agendas
a) The CAO and his/her staff are charged with providing guidance and
recommendations to Council or Committee related to municipal
business, and to implement the decisions of Council.
b) The CAO chairs a regularly scheduled internal meeting to review draft
agenda items in order to support the business of Council.
c) The Clerk provides an administrative process to support the approval,
preparation, Notice, publication and distribution/public access to
agendas and agenda items, following approval by the CAO and/or
Director.
14. Availability of Agendas
a) Council Meeting agendas are generally available to Members of
Council and the public on each Friday preceding a Meeting.
b) General Committee Meeting agendas are generally available to
Members on the Thursday that is ten (10) days preceding a General
Committee Meeting and are generally available to the public on the
following Friday.
c) Closed Session agendas will be provided to Council in accordance with
the publishing timeframes set out in Section 14 a) where required.
d) Council Public Planning Meeting agendas are generally available to
Members of Council and the public seven (7) days prior to the Meeting
date.
e) Special General Committee and Council, Workshop and emergency
Meeting agendas will be provided to Council in accordance with the
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publishing timeframes set out Notice of Meetings Section of this By-law,
where required.
f) Agendas for Committees, including Audit Committee and Budget
Committee, are generally available seven (7) days prior to the meeting
date.
15. Additional Items and Corrections
a) An additional item is any item that is to be added to a Council or
Committee agenda following publication of the original agenda.
b) Any corrections to the agendas of Council or Committee may be listed
on the additional items to be distributed, for information only.
c) Committee are required to consent to the introduction of additional
items by approving the agenda, as amended.
d) Requests for items to be added to the agenda as an additional item
shall have met at least one of the following conditions:
i) Government/agency deadlines;
ii) Legal implications;
iii) Contractual implications;
iv) Financial implications; or
v) Council or General Committee direction.
e) Additional items to the Council or Committee Meeting agenda are
available up to and including the Meeting day of Council, and are not
subject to the notice requirements as set out in the Notice of Meetings
Section of this By-law.
f) Additional items to the General Committee meeting agenda are
available on each Friday preceding the Meeting, and further additional
items may be provided up to and including the Meeting day.
16. Reports of Council and General Committee
a) In accordance with established administrative protocols, reports
prepared by staff are submitted in writing to the Clerk and distributed
with the agenda for the applicable Meeting of Council or General
Committee.
b) Reports prepared by staff members contain information and
recommendations prepared in the context of their professional,
technical and administrative expertise independent of any particular
political, constituent or stakeholder interest.
17. Committee Report
a) Recommendations from Committees other than General Committee
requiring Council approval will be submitted to the next regular General
Committee Meeting in a Summary of Committee Recommendations
report.
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18. Information Reports
a) An information report is prepared for the information of Council and
generally relates to a matter considered at Council or General
Committee, or is a matter of Town business.
b) An information report does not contain recommendations.
c) The request for an information report will be approved by a Motion.
d) Information reports are circulated directly to Council Members and
made available to the public on the Town's website. Information reports
are not published on a General Committee or Council agenda unless a
Council Member makes such a request to the Clerk. Where required
due to urgency or timing, information reports may be considered directly
at Council as an item.
e) Confidential information reports are not made available to the public on
the Town's website and may only be placed on a General Committee or
Council agenda if the nature of the confidential information satisfies the
Closed Session requirements of this By-law.
19. Meetings
a) Meetings Open to the Public
i) All Meetings shall be open to the public except as provided for in
the Closed Session Section of this Procedure By-law.
b) Inaugural Meeting
i) The first Meeting of a newly elected Council after a regular
municipal election shall be held on the first Tuesday in
December or such other date and at the time determined by the
Clerk.
c) Approval of the Meeting Schedule
i) Council approves a Meeting schedule of Council and Standing
Committees for each calendar year, which may be amended.
The Meeting Schedule is made available to the public on the
Town's website.
ii) The Meeting schedule of Committees is determined by its
Members, in accordance with each Committee's terms of
reference and/or prescribed mandate.
d) Location of Meetings
i) Meetings shall take place at Town Hall, or at another location
within the municipality or adjacent to the municipality, as
authorized by the Mayor or by Council, or as provided for in the
Municipal Act, 2001 when Notice is given.
e) Schedule of Meetings
i) Meetings shall take place in accordance with the "Meeting
Schedule" as prepared by the Clerk and approved by Council.
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ii) All Council Meetings will generally be held on the second and
fourth Tuesday of each month at 7 p.m. and General Committee
Meetings will generally be held on the first and third Tuesday of
each month at 7 p.m. Where a Council Meeting day is a public or
civic holiday, Council will meet at the same hour on the
Wednesday immediately following the holiday.
iii) Unless otherwise determined by the Clerk, Council Closed
Session will be scheduled at 5:45 p.m. immediately prior to a
Council or General Committee Meeting, and will recess or
adjourn at least twenty (20) minutes prior to the scheduled time
of the meeting.
iv) Only one (1) General Committee Meeting and one (1) Council
Meeting will be held in each of July and August.
v) Only one (1) General Committee Meeting, one (1) Council
Meeting and one (1) Public Planning Meeting will be held in each
of December and January.
f) Public Planning Meetings
i) Council will meet on the fourth Wednesday of each month at 7
p.m. for a Council meeting to consider development -related
applications and other matters that have been submitted under
the Planning Act, R.S.O. 1990, c. P.13, as amended.
20. Notice of Meetings
a) General Provisions
i) The Clerk gives Notice of a Meeting by:
(a) Updating the annual schedule of Meetings; or
(b) Using the Town's social media accounts; or
(c) Publishing Notice on the Town's regular advertising page
in the local newspaper; or
(d) Providing the agenda to Members and the public; or
(e) All of the above.
ii) Every Notice of a Meeting shall indicate the date, time and place
of the Meeting, and the contact information for the Clerk's office.
iii) Nothing in this Procedure By-law shall prevent the Clerk from
using more extensive methods of Notice.
iv) Nothing in this Procedure By-law shall prevent the Clerk from
using longer timeframes for providing Notice.
b) Special Meetings of Council or General Committee
i) A special Meeting of Council or General Committee may be
called by the Mayor at any time. A special Meeting of Council or
General Committee is limited to business matters included in the
Notice of Meeting.
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ii) Upon receipt of a written petition from a majority of the Members
of Council, the Clerk will summon a special Meeting of Council or
General Committee for the specific purpose and time identified in
the petition.
iii) In addition to the general Notice provisions in this Procedure By-
law, the Clerk shall give Notice of a special Meeting of Council or
General Committee by providing an agenda at least twenty-four
(24) hours prior to the Meeting.
c) Workshop Meetings
i) The Mayor and/or CAO may hold a workshop Meeting for
Members of Council to discuss issues in an informal venue. With
the exception of Procedural Matters, no Motions are passed.
ii) A record describing, in general terms, the proceedings and the
subject matter discussed is made at all Workshop Meetings and
placed on a future Council agenda to be received only for the
purposes of information.
iii) In addition to the general Notice provisions in this section of the
Procedure By-law, the Clerk shall give Notice of a Workshop
Meeting by providing an agenda at least twenty-four (24) hours
prior to the Meeting.
iv) Delegations shall not be permitted at Workshop Meetings.
d) Emergency Meetings of Council or General Committee
Notwithstanding any other provision in this Procedure By-law,
the Mayor may, at any time, call or provide Notice of an
emergency Meeting of Council or General Committee. An
emergency Meeting of Council or General Committee is limited
to business matters included in the Notice of Meeting.
ii) The Clerk gives Notice of emergency Meetings of Council or
General Committee by:
(a) Providing Notice to Members in person, by telephone, by
electronic mail, or in the form of an agenda that indicates
the date and time of the Meeting and general nature of the
matters to be discussed.
e) Cancellation or Postponement of Meetings
i) A Meeting may be cancelled or postponed where Quorum
cannot be achieved, by Council resolution, in the event of an
emergency, or where the Meeting is no longer required, as
deemed by the Mayor and/or CAO.
ii) The Clerk gives Notice of Cancellations or Postponements by:
(a) Providing Notice to each Member no less than forty-eight
(48) hours prior to the time set for the Meeting;
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iii) Providing Notice to the public of all Meetings of Council or
General Committee regarding cancellations, and postponements
by:
(a) Posting a Notice on the Town website as soon as
possible;
(b) Sending a Notice via the Town's social media accounts;
(c) Posting a Notice on the Town's regular advertising page
in the local newspaper, if time permits; and
(d) Where (c) cannot be achieved, posting a Notice at the
main entrance to Town Hall.
iv) Meetings of Committees may be cancelled or postponed by the
Clerk, recording secretary, Chair or other assigned person where
Quorum cannot be achieved, by Committee resolution, or in the
event of an emergency.
f) Invalidation of Notice of Meeting
i) If a Meeting Notice is substantially given, but varies from the
form and manner provided in this Procedure By-law, the ability to
hold the Meeting and the actions taken at the Meeting are not
invalidated.
g) Quorum
i) A majority of members shall constitute a Quorum.
ii) As soon as there is a Quorum after the time appointed for
commencement of a Meeting, the Mayor or Chair will call the
Meeting to order. If a Quorum is not present 30 minutes after the
time appointed for commencement of a Meeting, the Clerk shall
record the names of the Members present and the Meeting shall
not commence or proceed.
h) Late Arrival
i) If a Member arrives late at a Meeting, any prior discussion is not
reviewed without the consent of the Members present.
21. Closed Session
a) Matters of Closed Session
i) Council or a Committee may, by Resolution, close a Meeting or
part of a Meeting to the public in accordance with section 239 of
the Municipal Act, 2001 if the subject matter being considered is:
(a) The security of the property of the Town or local board;
(b) Personal matters about an identifiable individual, including
Town or local board employees;
(c) A proposed or pending acquisition or disposition of land
by the Town or local board;
(d) Labour relations or employee negotiations;
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(e) Litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local
board;
(f) Advice that is subject to solicitor -client privilege, including
communications necessary for that purpose;
(g) A matter in respect of which a Council, Board, Committee
or other body may hold a closed meeting under another
Act;
(h) The Meeting is held for the purpose of educating or
training the Members and no Member discusses or
otherwise deals with any matter in a way that materially
advances the business or decision -making of Council,
Local Board or Committee.
ii) Council or a Committee shall also resolve into a Closed Session
to the public for the following purposes:
(a) 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.
(b) An ongoing investigation respecting the municipality, a
local board or a municipally -controlled corporation by the
Ombudsman appointed under the Ombudsman Act, an
Ombudsman referred to in subsection 223.13 (1) of the
Municipal Act, 2001, or the investigator referred to in
subsection 239.2 (1) of the Municipal Act, 2001.
b) Notice of Closed Session
i) Where a matter may be considered by Council or General
Committee for discussion in Closed Session, wherever possible,
written Notice will include:
(a) The fact that the Meeting will be closed to the public as
provided for in the Municipal Act, 2001;
(b) The general nature of the matter to be considered at the
Closed Session.
c) A Motion to close a Meeting or part of a Meeting to the public shall state
the:
i) Intention to close the Meeting to the public; and
ii) General nature of the matter to be considered at the Closed
Session, and the grounds for closing the Meeting as set out in
the Municipal Act, 2001.
d) Voting during Closed Session
i) Only votes relating to procedural matters or direction to staff may
be taken during a Closed Session, unless otherwise authorized.
By-law Number 5920-16 Page 16 of 33
e) Upon completion of the Confidential Meeting:
i) The Members shall immediately reconvene in open session;
ii) The Mayor shall report any outcomes on the Closed Session as
necessary; and,
iii) If applicable, the Members shall vote on any Resolutions
originating from the Closed Session.
f) Scheduling of Closed Session
i) Closed Session shall be scheduled as indicated in the Schedule
of Meetings Section of this Procedure By-law.
g) Reporting Out and Confidentiality of Closed Session Discussions
i) A summary of any discussion held in Closed Session and any
required vote will occur following the Closed Session discussion
of a Council or Committee Meeting.
ii) Public General Committee and Council Closed Session
agendas, minutes and reports shall provide sufficient detail
without detrimentally affecting the confidentiality of the matter(s)
discussed in closed session and the position of the Municipality.
iii) Minutes of a Closed Session meeting shall be presented for
adoption at the next Regular Meeting of Council that does not
occur on the same day.
iv) No Member shall disclose or discuss, through written, electronic
or verbal communication, to any individual or corporate third
party, any information that has been or will be discussed at a
closed session meeting of Council or a Committee until such
time that Council or a Committee has determined or has been
advised by staff that the matter, or any part of the matter, can be
made public subject to review by the head or designate under
the Municipal Freedom of Information and Protection of Privacy
Actor if directed to do so by a court.
h) Openness and Transparency
i) The Clerk shall maintain an annual log of all reports and
resolutions considered in Closed Session, conduct an annual
review with the CAO and staff to determine which items are no
longer sensitive and/or confidential. The Clerk shall prepare an
Annual Report of all Closed Session items approved for public
release, and shall post the report on the Town website. Items
identified for release shall qualify for `routine disclosure' in
accordance with the Town's freedom of information practices.
i) Closed Meeting Investigation
i) A person may request that an investigation be undertaken to
determine whether Council or Committee complied with the
requirements of the Municipal Act, 2001 and this Procedure By-
law in respect of a Meeting or part of a Meeting closed to the
By-law Number 5920-16
Page 17 of 33
public. A person may initiate such a request by submitting a
written request to the Town Clerk.
22. Speaking Order and Limit
a) The Chair maintains a list of Members who have requested to speak or
ask questions. The Chair designates Members to speak or ask
questions in the order in which they appear on the list.
b) At Committee Meetings, Members be permitted to speak two (2) times
on a subject, the first time being for a maximum of ten (10) minutes,
and the second time being for a maximum of five (5) minutes; and
c) At Council Meetings, Members be permitted to speak two (2) times on a
subject for a maximum of five (5) minutes each time.
23. Rules of Debate
a) Members' comments are relevant to the matter of business before
Council or a Committee. Members should avoid comments intended to
be statements or assertions.
b) 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.
c) Members shall express themselves succinctly without repetition.
d) Questions may be asked only of:
i) The Chair;
ii) Staff;
iii) A previous speaker; and,
iv) A delegation.
24. Order of Business — General Committee
a) The order of business of General Committee is set out in the agenda,
as follows, where provided for:
i) Approval of the Agenda
ii) Declarations of Pecuniary Interest and General Nature Thereof
iii) Presentations
iv) Delegations
v) Consent Agenda
vi) Consideration of Items Requiring Discussion (Regular Agenda)
vii) Notices of Motion
viii) New Business
ix) Closed Session
By-law Number 5920-16
Page 18 of 33
x)
Adjournment
25. Order of Business — Council
a) The
order of business for the Council is set out in the agenda as
follows,
where provided for:
i)
Approval of the Agenda
ii)
Declarations of Pecuniary Interest and General Nature Thereof
iii)
Presentations
iv)
Delegations
v)
Consent Agenda
vi)
Consideration of Items Requiring Discussion (Regular Agenda)
vii)
Notices of Motion
viii)
Motions
ix)
Regional Report
x)
New Business
xi)
Public Service Announcements
xii)
By-laws
xiii)
Closed Session
xiv)
Confirming By-law
xv)
Adjournment
26. Record of
Proceedings
a) The
Clerk records the minutes of Meetings of General Committee and
Council
without note or comment. The minutes record:
i) The date, time and location of the Meeting;
ii) The name of the Chair and a record of the attendance at the
Meeting;
iii) The name and nature of presenters and Delegations;
iv) All Resolutions, decisions and other proceedings of the Meeting;
and,
v) Administrative references, including by-law, report, Motion and
policy indexes.
27. Minutes
a) Minutes of each Meeting of Council are presented to the subsequent
regular Meeting of Council for approval. The approved minutes form the
official record of the meeting.
By-law Number 5920-16
Page 19 of 33
b) A report of the General Committee is submitted to the next regular
Council meeting, for consideration of the recommendations. 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 the General Committee.
c) Approved minutes of Council and report of the General Committee will
be posted on the Town's website as they become available.
d) Minutes of Committees, as designated by Council, are submitted to
General Committee for Council receipt.
e) After the Council minutes have been approved by Council, they shall be
signed by the Mayor and Clerk.
f) The receipt of minutes from Committees by Council does not constitute
endorsement by the Town of any recommendations or actions
contained in the minutes.
g) The Clerk shall ensure that the minutes of each Meeting are made
available to Members within a reasonable amount of time after the
holding of such Meeting.
28. Changes in Order of Agenda
a) The business of General Committee and Council is dealt with in the
order stated on the published agenda, unless Council consents to
changing the order.
29. Open Forum
a) In the Open Forum that occurs fifteen (15) minutes prior to the formal
portion of a General Committee Meeting, any individual may address
General Committee to make informal inquiries or to comment on
matters of municipal business. Persons speaking at the Open Forum
are shall be required to sign the Open Forum Register held by the Clerk
or recording secretary prior to being permitted to address Council, and
shall be limited to a maximum of five (5) minutes each.
b) Open Forum will not be included in the Meeting minutes, and will not be
part of the live streaming of the Meeting.
c) Generally, no Motions are passed related to matters raised during Open
Forum.
30. Declarations of Pecuniary Interest
a) Members are required to make Declarations of Pecuniary Interest in
accordance with the requirements of the Municipal Conflict of Interest
Act and/or other relevant legislation.
b) Where a Meeting is not open to the public, in addition to complying with
the requirements set out in the Closed Session Section of this
Procedure By-law, the Member shall leave the Meeting or the part of
the Meeting during which the matter is under consideration.
c) 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
By-law Number 5920-16 Page 20 of 33
Meeting of Council or Committee, as the case may be, attended by the
Member after the particular Meeting.
d) 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.
31. Presentations
a) Staff Presentations
i) Staff presentations, if related to a report on the agenda shall
occur at the time the report is discussed. Presentations by staff
at Meetings shall be a maximum of ten (10) minutes.
b) Other Presentations
i) Presentations may be made by third -parties invited by staff or
other government agency presentations to Council or General
Committee on matters of interest to the Town, as well as awards,
certificates, grants and other recognitions presented to/by the
Town. Such presentations are received or presented by the
Chair.
ii) Where a third -party presentation involves an item on an agenda,
the item shall be heard at the appropriate time in the agenda with
the report brought forward for consideration immediately after the
presentation has been made.
iii) Presentation material shall be submitted to the Clerk in an
electronic format prior to the 4:30 p.m. on the Friday prior to the
meeting date.
iv) Presentations may be up to ten (10) minutes. The consent of
Council or General Committee is required to extend a
presentation beyond ten (10) minutes.
32. Delegations at Meetings of Council and General Committee
a) General Provisions
i) Delegates shall be encouraged to appear at the appropriate
Committee first rather than Council.
ii) Anyone wishing to appear before General Committee or Council
shall register as a delegate by submitting the prescribed form to
the Clerk no later than 4:30 p.m. two (2) days prior to the
scheduled Meeting date.
iii) Delegates shall advise the Clerk that the audio visual equipment
will be required and shall submit supporting material to the Clerk
in an electronic format no later than 4:30 p.m. on the Friday prior
to the Meeting date.
iv) Delegates requesting specific financial assistance or services in -
kind from General Committee or Council must submit a detailed
written request to the Clerk prior to the Meeting, which will be
forwarded to the appropriate department for review. A decision
will not be made at the Meeting where the Delegation is heard.
By-law Number 5920-16
Page 21 of 33
v) 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 limit of three (3) delegations will be
considered at a Meeting of Council.
vi) Delegations at General Committee and Council meetings shall
be on a subject that is within the jurisdiction or influence of local
government. Delegations at a Meeting of Council shall be related
to an item of business on the agenda.
vii) Delegates shall refrain from making statements or comments
that are, in the opinion of the Chair, frivolous or vexatious in
nature.
viii) Delegates shall be restricted to a speaking limit of five (5)
minutes, regardless of whether they are representing an
organization, association or other group.
ix) The consent of Council or General Committee is required to
grant a delegation one (1) extension of up to five (5) minutes at a
Council or General Committee meeting, and to consider more
than three (3) delegations at a Council meeting.
x) A Delegation not on the agenda shall not be heard without the
consent of at least a two-thirds majority of the Members present.
xi) Members of General Committee and Council are permitted to
ask the individual making a Delegation questions only for
clarification and to obtain additional relevant information
xii) Delegates who appear before General Committee are not
permitted to make a Delegation in relation to the same item at
the following Council meeting, but may submit written material to
Members of Council through the Clerk's Office.
b) Delegations at General Committee Meetings
i) Individuals who request to make a Delegation may be
encouraged by a Member or staff to consider resolving an issue
or concern with staff in lieu of, or prior to, submitting a Delegation
request.
ii) Where there are numerous delegates taking the same position
on a matter, they are encouraged to select a spokesperson to
present their views. Delegates are encouraged not to repeat
information presented by an earlier Delegation.
c) Delegations at Council Meetings
i) 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 the Council Meetings. Alternatively, the delegation
may be placed on a Committee agenda to address an issue that
is not on the Council agenda.
By-law Number 5920-16 Page 22 of 33
d) Delegations at Public Planning Meetings
i) Any person may speak on a 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.
33. Consent Agenda
a) Consent Agenda will include the following items that do not have
presentations or delegations:
i) Receipt of the Minutes (i.e. Special Council, Workshop, Closed
Session) (Council Meeting agenda only);
ii) Advisory Committee Minutes;
iii) Staff Reports that require no action other than receiving for
information;
iv) Procurement items that are within the approved budget;
v) Communications addressed to Council; and
b) Simple questions may be asked by Members about any Consent item
during the adoption of the Consent Agenda without requiring a separate
vote.
c) Members shall identify any items contained on the Consent Agenda
which they wish to speak to and the matter shall be extracted from the
Consent agenda to be dealt with separately under Consideration of
Items Requiring Discussion.
d) In the event that a Member declares a Pecuniary Interest on an item
that is included on the Consent Agenda, that item shall be considered
under Consideration of Items Requiring Discussion.
e) The balance of the items on the Consent Agenda shall be adopted in
one Motion.
f) All recommendations from the General Committee will be placed on the
Consent Agenda of the next regular Council Meeting, unless a request
is made at the General Committee Meeting to consider a
recommendation under Consideration of Items Requiring Discussion.
34. Notice of Motion
a) A Member desiring to introduce a subject for discussion by Council will
provide the proposed Motion to the Clerk in writing for inclusion in a
regular agenda of General Committee or Council by 12 p.m. on the
Wednesday prior to the meeting.
b) The Motions for Which Notice Has Been Given will be included on the
next Council agenda for consideration and disposition.
c) The CAO or staff may be requested to comment on the Motion raised in
this Section, but no staff report will be prepared unless the Motion is
referred to staff for a further report.
By-law Number 5920-16 Page 23 of 33
d) It is the duty of the Member to:
i) Prepare the proposed Motion in writing.
ii) Submit the proposed Motion to the Clerk by 12 p.m. on the
Wednesday prior to the meeting.
iii) Ensure the content of the proposed Motion allows for it to be
published on a public agenda.
35. Regional Report
a) The representative of the Town on Regional Council will provide a
report at regular Meetings of Council on matters of interest to the Town,
when available.
36. Public Service Announcements
a) Members may speak for no more than three (3) minutes on public
service announcements and community events, unless the consent of
Council is granted.
37. New Business
a) Any Member of Council or a Committee, at any Meeting, may present
and introduce any matter of New Business during the New Business
portion of the Meeting, and shall have regard to the following
guidelines:
i) Members are encouraged to raise operational matters prior to
the Meeting through the CAO, Director or appropriate staff
member;
ii) Members are discouraged from raising substantive policy
matters, in particular consideration of corporate policies or by-
laws; and,
iii) Members of Council are encouraged to raise announcements
and community events under the Public Service Announcements
portion of the Council agenda.
38. By-laws
a) By-laws are considered by Council and approved by Motion.
b) Every by-law adopted by Council is done so under the seal of the Town
and signed by the Clerk and the Mayor.
c) 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
d) The following types of by-laws may be presented directly to Council:
i) Those directed to be presented directly to Council by General
Committee or Council;
ii) The appointment of staff for by-law inspection, municipal law
enforcement and provincial offences administration;
By-law Number 5920-16 Page 24 of 33
iii) Consolidation of by-laws or housekeeping amendments;
iv) General by-laws where the purpose and intent of the by-law has
been clearly authorized by a previous resolution;
v) A by-law to levy interim property taxes;
vi) A by-law to set tax rates in accordance with the approved
budget;
vii) Part -lot control by-laws;
viii) Assumption by-laws;
ix) A by-law to establish a public highway;
x) Minor amendments resulting from changes to provincial enabling
legislation; and,
A) Other administrative by-laws deemed appropriate by the CAO.
e) A Confirming By-law is enacted at each Meeting of Council.
f) The proceedings at every Council Meeting shall be confirmed by by-law
so that every decision of Council at that Council Meeting and every
Resolution of the Meeting 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.
g) All amendments to any by-law approved by Council shall be deemed to
be incorporated into the by-law and if the by-law proposing the
amendment is enacted by Council, the amendments shall be inserted
by the Clerk.
39. Adjournment
a) No item of business shall be considered at a Meeting of Council or
General Committee after 10:30 p.m. 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 p.m., it shall be
adjourned unless all Members present concur in the extension of the
Meeting.
40. Correspondence
a) Correspondence addressed to the Mayor and Council shall be
acknowledged by the 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 CAO.
c) Where correspondence is not requested to be included in a Council or
General Committee agenda, it is circulated by the Clerk to Members of
Council, the CAO, Directors and applicable staff for their information,
and forms a part of the Clerk's records.
By-law Number 5920-16 Page 25 of 33
d) Where correspondence has been requested to be included on a
Council or General Committee Meeting agenda or on the request of a
Member of Council to the Clerk, correspondence is placed on the
General Committee meeting agenda for consideration. Where required
due to urgency or timing, correspondence may be considered directly
by Council as an Additional Item.
e) Staff may prepare recommendations related to the matter for Council's
consideration.
f) Council and staff will direct to the Clerk correspondence clearly
intended to be considered as part of an agenda of Council or General
Committee.
g) The Clerk is required to verify whether it is the intent of an individual to
include his/her correspondence on a public agenda. For reasons of
privacy, irrelevant personal information will be severed from
correspondence. General correspondence between Councillors or staff,
and constituents or stakeholders, will not be included unless the Clerk
is satisfied it was clearly the individual's intent to include his/her
correspondence on a public agenda.
h) Correspondence related to items already decided on by Council will
form a part of the Clerk's records and be circulated to Members of
Council, but not placed on an agenda.
i) Correspondence must be legible and not contain any defamatory
statements. Anonymous correspondence will not be acknowledged,
circulated, or placed on an agenda.
j) The Council's receipt of correspondence does not constitute
endorsement of the correspondence by the Town of any
recommendations it may contain or actions it may advocate.
41. Petitions
a) Petitions may be submitted to the Clerk and will include a minimum of
two (2) persons and their respective addresses, and a clear statement
of purpose for the petition.
b) The request conveyed in the petition will be considered by General
Committee for disposition. Where required due to urgency or timing,
petitions may be considered directly by Council.
c) For reasons of privacy, the names and addresses included with the
petition will be provided to Members, but not published in an agenda of
the General Committee or Council.
d) Staff may prepare recommendations related to the matter for Council's
consideration.
e) The Town is not accountable for the accuracy or reliability of petitions
that are submitted.
42. Motions from Other Municipalities
a) All requests for endorsement of resolutions from other municipalities will
be electronically circulated to Council and acknowledged by the Clerk,
By-law Number 5920-16
Page 26 of 33
with the advice that the Town 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) A Member of Council may request that a resolution from another
municipality be added to a General Committee agenda for
consideration.
c) The Council's receipt of resolutions from other municipalities does not
constitute endorsement by the Town of any recommendations or
actions they may contain.
43. Motions — Impact on Corporate Resources
a) The CAO will advise on the appropriate means of disposition for
matters that make an impact on administration.
b) Council is not required to pass a Motion that makes an impact on
corporate resources where a matter:
i) Has already been approved by Council;
ii) Is considered by the CAO to be minor in nature; and/or,
iii) Falls within existing service levels.
44. Procedures Concerning Motions
a) General Rules
i) Every Motion in any Meeting of Council or Committee requires a
mover and a seconder.
ii) When duly moved and seconded, every Motion, other than a
Motion to adjourn, recess, table or suspend the rules of this
Procedure By-law, is open for discussion.
iii) No debate is permitted on any Motion or amending Motion until it
has been properly seconded.
iv) A Member may move a Motion in order to initiate discussion and
debate, but vote in opposition to the Motion. A seconder of the
Motion may vote against the Motion.
v) A Motion or amending Motion may not be withdrawn without the
consent of the mover and seconder.
vi) The Chair of a Meeting of Council or a Committee will not move
or second a Motion.
vii) All Members of Council or a Committee will vote on all Motions
except in the instance where the Member refrains from voting on
an issue due to the Declaration of a Pecuniary Interest in the
matter by the Member. If any Member does not vote, he/she will
be deemed as voting in the negative (except where prohibited
from voting by statute).
By-law Number 5920-16
Page 27 of 33
b) Motion under Debate
i) When a Motion is under debate, no other Motion may be
considered except for the following Motions, to be considered in
the listed order of priority:
(a)
To adjourn;
(b)
To recess;
(c)
To table an item;
(d)
To call the question;
(e)
To defer;
(f)
To refer;
(g)
To amend;
c) Motion to Adjourn
i) A Motion to adjourn means to end a Meeting.
ii) A Motion to adjourn 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; or
(c) Members are voting.
iii) A Motion to adjourn is not amendable, except when moved to set
future time for adjourning.
iv) A Motion to adjourn shall take precedence over any other Motion
and shall be put immediately without debate.
d) Motion to Recess
i) A Motion to recess means to suspend a meeting for a specific
length of time.
ii) A Motion to recess when other business is before the Meeting:
(a) Specifies the length of time of the recess;
(b) Is debatable as to the length or timing of the recess; and
(c) Can only be amended with respect to the length of the
recess.
e) Motion to Table
i) A Motion to table means to postpone a matter without setting a
definite date for future discussion for a matter. A tabled Motion
that has not been decided on by Council during the term of
Council in which the Motion was introduced is deemed to have
been withdrawn.
ii) A Motion to table:
(a) Is not to be amended or debated; and
(b) Applies to the Motion and any amendments thereto under
debate at the time when the Motion to table was made.
iii) If the Motion to table carries, in the absence of any direction from
Council, the matter may not be discussed until the CAO, or a
By-law Number 5920-16
Page 28 of 33
Member through a Notice of Motion, brings it forward to a
subsequent Meeting.
f) Motion "To Put the Question to a Vote" or "To call the Vote"
i) A Motion "To Put the Question to a Vote" or "To call the Vote"
means to stop debate and immediately proceed to vote on the
Motion.
ii) Any Member may request the Chair "To Put the Question to a
Vote" or "To call the Vote" by presenting a Motion that the
question "now be put to a vote." A Motion to put the question to
a vote must:
(a) Be seconded;
(b) Is not open to debate;
(c) Immediately put to a vote without debate;
(d) Requires a 2/3 majority vote to close debate.
g) Motion to Refer
i) A Motion to refer means to direct a matter under discussion by
Council or a Committee to staff or another Committee for further
examination or review.
ii) A Motion to refer a matter under consideration to a Committee or
to staff:
(a) Shall be debatable as to the rationale of Referring, but
cannot go into the merits of the Motion or subject being
Referred; and
(b) Can be amended as to the Committee or group to whom it
is being referred, as to the time the Committee or staff
reports back, and as to directions given to the Committee
or staff; and
(c) Includes the terms on which the Motion is being referred
and the time at which the matter is to be returned; and
(d) Includes the reasons for the referral.
iii) This Motion may be delayed by the Chair in order to permit
Members on the speaking list to speak.
h) Motion to Defer
i) A Motion to defer means to postpone all discussion on a matter
until a future date or time, one which is established as part of the
Motion.
ii) A Motion to defer to a certain time or date:
(a) Is open to debate as to advisability of postponement and
cannot go into the merits of the Motion or subject being
postponed; and
(b) May be amended as to the time or date to which the
matter is to be deferred.
iii) This Motion may be delayed by the Chair in order to permit
Members on the speaking list to speak.
By-law Number 5920-16
Page 29 of 33
i) Motion to Amend
i) The purpose of this Motion is to modify a Motion. It cannot be
used to directly contradict or negate the effect of another Motion.
ii) A Motion to amend:
(a) Is to be open to debate; and,
(b) Is to be relevant to the main Motion; and
(c) Can be applied to a Motion at one time, but that
amendment may be amended [by a secondary
amendment], which cannot be amended.
iii) If it is not considered a "Friendly Amendment," then the Motion to
amend:
(a) If more than one, will be put to a vote in the reverse order
to that in which they were moved;
(b) Will be decided upon or withdrawn before the main Motion
is put to the vote;
(c) Will not be amended more than once, provided that
further amendments may be made to the main Motion;
and,
(d) Will not be directly contrary to the main Motion.
j) Motion Containing Two or More Matters
i) When the Motion under consideration concerns two (2) or more
matters, the Chair, upon the request of any Member, will direct
that the vote upon each matter be taken separately. Such
request may also be made by the Chair.
ii) A vote on the main Motion, as amended, may be split for the
purpose of complying with the Municipal Conflict of Interest Act,
or at the discretion of the Chair.
k) Withdrawal of Motion
i) A request to withdraw a Motion:
(a) May only be made by the mover of the Motion;
(b) Requires consent of the seconder of the Motion; and,
(c) Is in order any time during the debate.
1) Adoption in a Single Motion
i) One or more items on an agenda may be adopted in a single
Motion.
45. Voting
a) General Rules
i) After a Motion is finally put to a vote by the Chair, no Member
speaks to it nor will any other Motion be made until after the vote
is taken and the result has been declared.
ii) All Members of Council or a Committee will vote on all Motions.
Failure by any Member to announce his/her vote openly and
By-law Number 5920-16
Page 30 of 33
b)
individually, including an "abstention," is deemed to be a vote in
the negative.
iii) Each Member present and voting announces or indicates his/her
vote upon the Motion openly and individually, and no vote is
taken by ballot, or any other method of secret voting.
Majority Vote
i) A majority means more than half of the Members present, or:
(a)
If 9 Members present: 5
(b)
If 8 Members present: 5
(c)
If 7 Members present: 4
(d)
If 6 Members present: 4
(e)
If 5 Members present: 3
ii) Unless this Procedure By-law states otherwise, a matter passes
when a majority of Members present vote in the affirmative.
iii) When applicable, a two-thirds majority means 2/3 of the
Members present, or:
(a)
(b)
(c)
(d)
(e)
c) Tie Vote
d)
2/3 of 9: 6
2/3 of 8: 6
2/3 of 7: 5
2/3 of 6: 4
2/3 of 5: 4
i) Any Motion on which there is a tie vote is deemed to be lost.
Recorded Vote
i) A recorded vote is only permitted at Council Meetings and will be
taken at the request of a Member prior to the commencement of
the vote being taken or immediately thereafter. When electronic
voting devices are available, all votes at Council Meetings will be
recorded votes.
ii) A Member of Council's failure to participate in a recorded vote
when he/she has not declared a conflict of interest is deemed to
be a negative vote.
iii) A recorded vote at Council Meetings will be taken as set out in a)
or b) below:
(a) Each Member announces his/her vote openly, and the
Clerk records his/her vote in the minutes. Votes are called
in random order as determined by the Clerk.
(b) Each Member first indicates his/her vote by using an
electronic device. Each Member's vote is then
electronically displayed on a screen, and the Clerk
announces the outcome of the vote and records each
Member's vote in the minutes.
By-law Number 5920-16 Page 31 of 33
iv) Notwithstanding recorded votes, a record or notation of a
Member's opposition to an issue is not recorded in any Meeting
minutes.
46. Reconsideration of a Matter
a) Council cannot reconsider a matter until six (6) months have passed
from the date of the matter's original disposition by Council, except
upon a vote in the affirmative of two-thirds majority of the Members
present.
b) Decisions which contractually bind the Town shall not be reconsidered.
c) A Motion to reconsider shall be introduced by way of a Notice of Motion
and considered either at the next Council Meeting or at a special
Meeting called to reconsider the Motion unless the Council, without
debate, dispenses with the requirement for a Notice of Motion on a two-
thirds vote.
d) A Motion to reconsider is debatable, which debate will be restricted to
the rationale for reconsidering the matter, and no debate of the main
question shall be allowed until the Motion for reconsideration is carried.
e) Once the reconsideration Motion has carried, it is reopened in its
entirety unless the reconsideration Motion specifies otherwise.
f) If the matter is re -opened, all previous decisions of the Council remain
in force until the Council decides otherwise.
g) No Motion to reconsider may, itself, be the subject of a Motion to
reconsider.
h) Notwithstanding, if a Council matter was determined in the negative as
a result of a tie vote due to an absent Member, the matter may be
reconsidered at the next Council meeting via a Motion to reconsider
carried by a majority of the Members present
47. Point of Order
a) A Member may interrupt the person who has the floor to raise a Point of
Order when such Member feels that there has been:
i) A deviation or departure from this Procedure By-law; or
ii) A deviation from the matter under consideration and the current
discussion is not within the scope of the proposed Motion.
b) Upon hearing such Point of Order, the Chair decides and states his/her
ruling on the matter.
c) Upon hearing the Point of Order ruling, a Member only addresses the
Chair for the purpose of appealing the Chair's decision to the Council or
a Committee.
d) If no Member appeals, the decision of the Chair is final.
e) If a Member appeals the Chair's ruling to the Council or a Committee,
the Member has the right to state his/her case, the Chair has the right
to reply and the Council or Committee decides the question "That the
By-law Number 5920-16
Page 32 of 33
decision of the Chair be sustained" without further debate. The decision
of the majority of the Members who are present at the Meeting is final.
48. Point of Personal Privilege
a) A Member may rise at any time on a Point of Personal Privilege where
such Member feels that the health, safety, rights, or integrity of his/her
own person, the Council, a Committee or anyone present at the
Meeting has been called into question by another Member or by anyone
present at the Meeting.
b) Upon hearing such Point of Personal Privilege, the Chair decides and
states his/her ruling on the matter.
c) Where the Chair rules that a breach of privilege has taken place, he/she
demands that the offending Member or individual apologize and, failing
such apology, requires said Member or individual to vacate the Meeting
room for the duration of the Meeting.
d) With the exception of providing an apology, the Member addresses the
Chair for the purpose of appealing the Chair's ruling of a breach of
privilege to the Council or a Committee.
e) If no Member appeals, the decision of the Chair is final.
f) If a Member appeals the Chair's ruling to the Council or a Committee,
the Member has the right to state his/her case, the Chair has the right
to reply and the Council or Committee decides the question "That the
decision of the Chair be sustained" without further debate. The decision
of a majority of the Members who are present at the Meeting is final.
49. Public Record
a) All communications that the Clerk receives about a matter on the
agenda of a public or open Meeting will form part of the public record.
Personal information and opinions in communications are part of the
public record unless the author of the communication requests the
removal of his/her personal information when submitting it, or where
confirmed by the Clerk.
50. Administrative Authority of Clerk
a) The Clerk is authorized to amend by-laws, minutes and other Council
and Committee documentation for technical, typographical or other
administrative errors and omissions for the purpose of ensuring an
accurate and complete record of proceedings.
b) The Clerk is authorized to create and amend an annotated version of
the Procedure By-law from time to time, to assist Members in complying
with the rules as enforced and interpreted.
51. Recording, Broadcasting and/or Live Streaming Meetings
a) All Meetings with a quorum of Council Members shall be audio and/or
visually recorded, broadcast and/or live streamed publically by the
Town, with the exception of proceedings closed to the public provided
for in the Closed Session Section of this Procedure By-law.
By-law Number 5920-16 Page 33 of 33
b) All Meetings of Committee of Adjustments, Property Standards
Committee, and other quasi-judicial bodies or Committees shall be
audio and/or visually recorded, broadcast and/or live streamed
publically by the Town, with the exception of proceedings closed to the
public provided for in the Closed Session Section of this Procedure By-
law.
c) Attendees using their own recording, broadcasting and/or streaming
devices are encouraged to inform the Clerk or recording secretary to
ensure attendees at the Meeting are notified through the Chair.
d) The approved minutes of a Meeting will form the official record of the
Meeting. Any audio, video, or other record of the Meeting shall not be
considered an official record.
52. Review of Procedure By-law
a) Council shall review this By-law within the first six (6) months of the
second year of each term of Council.
b) The Clerk shall bring forward housekeeping amendments, as required
or as directed by Council.
53. Review of Council Code of Ethics
a) Council shall review the Council Code of Ethics within the first six (6)
months of the first year of each term of Council.
54. Severability
a) Each and every one of the provisions of this Procedure By-law is
severable and if any provisions of this Procedure 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 of this
Procedure By-law shall remain in full force and effect.
55. Enactment
a) By-law Numbers 5330-11, 5488-13 and 5556-13 be and are hereby
repealed.
b) This By-law shall come into full force and effect on January 1, 2017.
Read a first and second time this 22"d day of November, 2016.
Read a third time and finally passed this 22"d day of November, 2016.
Lisa Kons, Town Clerk