AGENDA - Special General Committee - 20041025t Ij
SPECIAL GENERAL
COMMITTEE AGENDA
PROCEDURAL BY-LAW
NO, 04-21
MO DAY, OCTOBER 25 2004
1:00 P.Mm
AURORAT ALL
PUBLIC RELEASE
22/10/04
TOWN OF AURORA
SPECIAL GENERAL COMMITTEE MEETING
AGENDA
NO. 04-21
Monday, October 25, 2004
Mayor Jones in the Chair.
I DECLARATIONS OF PECUNIARY INTEREST
II APPROVAL OF AGENDA
RECOMMENDED:
THAT the content of the Agenda as circulated by the Corporate Services
Department be approved as presented.
Ill ITEM REQUIRING SEPARATE DISCUSSION
V ADJOURNMENT
Special General Committee Meeting No. 04-21 Page 2 of 2
Monday, October 25, 2004
TAB # AGENDA ITEMS
The Interim Chief Administrative Officer providing a verbal overview of the
considerations necessary to bring the Town of Aurora's current Procedural By-
law #4280-01.0 (as amended) into conformity with current Council directed
processes, procedures and practices. (Briefing Notes will be provided at the
commencement of the meeting)
RECOMMENDED:
THAT the verbal report of the Interim Chief Administrative Officer
be received for information.
1. "Room at the Top" — Legal Issues Affecting the Administration and
Governance of Municipalities in Ontario (Please Read)
RECOMMENDED:
THAT the report be received for information.
2. The Corporation of the Town of Aurora By-law Number 4280-01.0 (as
amended) Being a By-law to govern the procedures of the Council of the
Town of Aurora and its Committees and Boards (Current By-law in effect)
RECOMMENDED:
THAT the By-law be received for information.
3. The Corporation of the Town of New Tecumseth By-law 2004-027 —
"Procedure By-law" (Sample)
RECOMMENDED:
THAT the By-law be received for information.
4. Corporation of the Town of Newmarket By-law Number 2004-167 — A By-law
to Govern the Proceedings of Council and Committee Meetings (Sample)
RECOMMENDED:
THAT the By-law be received for information.
BARRISTERS & SOLICITORS
ROOM AT THE TOP -
LEGAL ISSUES AFFECTING THE ADMINISTRATION
AND GOVERNANCE OF MUNICIPALITIES IN
by George H. Rust-D'Eye*
PREPARED FOR
THE 2004 FALL WORKSHOP OF THE
ONTARIO MUNICIPAL ADMINISTRATORS' ASSOCIATION
NOTTAWASAGA INN, ALLISTON, ONTARIO
OCTOBER 8, 2004
*WeirFoulds LLP, Exchange Tower, 16'h Floor, P. O. Sox 480,
130 King Street West, Toronto, Ontario M5X 1,15,
Telephone: 416-365-1110, Facsimile: 416-365-1876,
email: grustdeye@weirfoulds.com
772259.1
ROOM AT THE TOP -
LEGAL ISSUES AFFECTING THE ADMINISTRATION AND
GOVERNANCE OF MUNICIPALITIES IN ONTARIO
by George H. Rust-D'Eye
Prepared for the 2004 Fall Workshop of the Ontario Municipal Administrators' Association,
Nottawasaga Inn, ADiston, Ontario, October 8, 2004
INTRODUCTION
This paper is based on a previous one by the same author dealing with the role of
the municipal council and its elected members, in the hope and expectation that it would be of
use to municipal councillors in helping them to fulfil their role.
Most legal issues involving ethics in municipal government arise at the council
level, although it is often the chief administrative officer, clerk or other senior official, often with
assistance from the municipal solicitor, who end up sorting out the mess.
The role of chief administrative officer, or city manager, is key to the functioning
of a municipality, since it is through that position that the relationship between the council, on
the one hand, and its staff, on the other, is channelled and focussed.
Some of the most serious problems affecting municipalities arise due to a lack of
understanding, usually by councillors, of the appropriate working relationship which should exist
between council and staff. To sunmiarize, problems arise when politicians try to act like
managers or when managers try to act like politicians. The essential objective of any
municipality must include an analysis of the proper roles and functions of those who must work
together to make their municipality operate successfully.
Mutual support and respect, as well as an understanding of these roles by all
concerned, can bring about a mutually rewarding and effective functioning of the municipal
corporation.
The following has been prepared for the assistance of both councillors and
municipal staff in understanding the $mdamental role of elected and appointed municipal
officers, with answers to questions most asked of lawyers by municipal politicians.
THE STATUTORY BASIS FOR MUNICIPAL POWERS
The most important and fundamental principle of municipal law is that
municipalities are entirely the creation of statute, and consequently have only the powers and
responsibilities specifically conferred upon them by legislation, ordinarily, enactments of the
Provincial Legislature, which address comprehensively the questions: "what may municipalities
do?", "what are municipalities required to do?", and "how do they do it?".
As an example of the stringency of this rule, the fact alone of the creation of a
municipal corporation does not in itself endow the corporate body with the power to own land,
772259.1
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sue or be sued, or enter into contracts. In Ontario, these powers were, under the regime of the
previous Municipal Act,1 provided by section 27 of the Interpretation Act, which also
"[exempted] individual members of the corporation from personal liability for its debts,
obligations or acts if they do not contravene the provisions of the Act incorporating them".
Now, under the new Ontario Municipal Act,2 most of which came into effect on
January 1, 2003, such power exists because, pursuant to section 8, "a municipality has the
capacity, rights, powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act".
While this authority itself has a number of restrictions, exemptions and
limitations, many of them contained in section 17 of the Act, it affirms the principle of the
entirely statutory context within which municipalities operate.
Even where, as in several Provinces, the municipal legislation no longer adopts a
prescriptive specific approach to the provision of municipal powers, replaced instead by much
more broad spheres of jurisdiction, and the liberalization of principles of interpretation
applicable to them, it is still necessary that every municipal power must have, somewhere, a
statutory foundation.
THE LEGAL STATUS OF A MUNICIPALITY
Under the Ontario Municipal Act, 2001 (the "Act" or the "new Act"), a
"municipality" is defined to mean a geographic area whose inhabitants are incorporated. Under
subsection 1(2), a reference to a municipality is a reference to its geographical area or to the
municipal corporation, as the context requires. It is also significant that the interpretation
provisions of the Act apply to all other Acts or provisions affecting or relating to municipal
matters unless the context otherwise requires. This provision may have a significant impact on
statutory interpretation, particularly when it is understood that "person" is defined in the Act to
include a municipality unless the context otherwise requires. Under previous legislation, a
municipality, not being a "corporation", nor a natural person, was not considered a "person" for
the purpose of most statutes.
It may be an interesting issue of interpretation in the firture, involving some
degree of circularity, to ascertain whether or not any particular act or statutory provision "affects
or relates to municipal matters".
THE EXERCISE OF MUNICIPAL POWERS
It appears that in Ontario, every municipality, however previously created by
statute, has been re -incorporated, as a body corporate, by section 4 of the Act. Under section 5 of
the Act, the powers of every municipality, which includes upper -tier municipalities, lower -tier
municipalities and single -tier municipalities, are required to be exercised by its council by by-
law.
1 Municipal Act, R.S.O. 1990, c. M.45, as amended
z Municipal Act, 2001, S.O.2001, c. 25
772259.1
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This includes the exercise of natural person powers as well as all powers
conferred by the generalized bases of powers referred to as spheres of jurisdiction, under section
11 of the Act.
Some provisions of the Act authorize municipalities to exercise certain of their
powers by resolution, instead of by-law. In all other cases, every rmmicipality must exercise its
powers by by-law. The issue to be decided is when a mumicipality is "exercising a power".
In addition to powers conferred upon municipalities by their principal statutes,
such as the Municipal Act and the Planning Act, a number of municipalities, particularly the City
of Toronto, are still governed as well by their own Private Act statutes, most of which survived
the enactment of the new Act.
Under subsection 5(2) of the Act, proceedings begun by one council may be
continued and completed by the succeeding council. This is not to say, however, that all of the
by-laws, contracts and other work of a municipal council die or become void at the end of its
term. Contracts binding on the corporation may continue to be enforced, and by-laws remain
until amended by the new council. At the same time, however, a mumicipal council cannot fetter
the legislative discretion of successor councils except where authorized by law, and attempts by
an out -going council to impose procedural or other constraints on an incoming council may be
unsuccessful.
An interesting provision in this respect is section 275 of the new Act, known as
the "lame duck council' section, which prohibits a municipal council from taking certain action
after the fast day during an election for a new conicil on which it can be determined that the
new council will include fewer than three-quarters of the members of the outgoing council.
Generally, in Ontario, the term of municipal office is three years, commencing on
the first day of December in an election year. The holders of offices hold office until their
successors are elected and the newly elected council is organized. The polling date in a regular
election is the second Monday in November in each election year.
These matters are provided for under the Municipal Act and the Municipal
Elections Act, which also deal with qualifications for office, elections and election recounts.
THE FORM AND FUNCTIONING OF MUNICIPAL COUNCILS
In Ontario, there are approximately 450 municipalities,3 including the Regional
Municipalities of Durham, Halton, Niagara, Peel and York, and the District of Muskoka, as well
as single -tier municipalities such as Toronto, Hamilton, Ottawa and London, and a number of
county municipalities, and lower -tier municipalities.
3 Interestingly, the original paper, written in 1994, the year before the coming of the "Common Sense Revolution",
instigated by the election of the Progressive Conservative Party, referred to "830 municipalities". In other words,
almost half of the municipalities which existed in 1994 have, through restructuring, been phased out of existence in
their previous form.
772259.1
M
Section 11 of the Act, which confers powers upon municipal councils with respect
to ten general "spheres of jurisdiction", also provides for the distribution of such powers among
upper -tier, lower -tier and single -tier municipal councils.
QUORUM OF A COUNCIL
Section 237 of the Act provides that, for most municipalities, a majority of the
members of the council is necessary to form a quorum.
Specific provisions of that section affecting certain upper -tier municipalities
require that a majority of members representing lower -tier municipalities be present in order for
a quorum to be reached.
Under the Municipal Conflict of Interest Act, where compliance with that Act
disables a number of members from participating in a meeting such that the remaining members
are not of sufficient number to constitute a quorum, the remaining number of members shall be
deemed to constitute a quorum provided that such number is not fewer than two. Where fewer
than two remain, the council may apply to a judge for authority "authorizing the council ... to
give consideration to, discuss and vote on the matter out of which the interest arises".
A judge may also, on such an application, declare that the requirements of the Act
precluding members from participating in consideration of matters in which they have a
pecuniary interest, not apply to the particular matter in question, and the council may then give
consideration to the matter as though none of the members had any interest therein, subject to
such conditions and directions as a judge may impose.
THE STATUTORY ROLE OF A MUNICIPAL COUNCIL
The Act sets out, for the first time, the statutory role of council, as follows:
" 224.
It is the role of council,
(a)
to represent the public and to consider
the well-being and interests of the
municipality;
(b)
to develop and evaluate the policies and
programs of the municipalities;
(c)
to determine which services the
municipality provides;
(d)
to ensure that administrative practices
and procedures are in place to implement
the decisions of council;
(e)
to maintain the financial integrity of the
municipality; and
772259.1
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(f) to carry out the duties of council under
this or any other Act."
It is noted that this section delineates a "role", involving a task or function, which
does not necessarily involve any statutory mandate, power or duty.
THE HEAD OF COUNCIL
The Act appears to have weakened the position of the head of council who, under
section 70 of the previous Municipal Act, had a number of statutory duties to perform, involving
maintaining compliance by the municipality with all laws, overseeing the conduct of subordinate
officers, and communicating information and recommendations to the council on an ongoing
basis.
Now, the functions of the head are described through the weaker term of "role",
including to act as chief executive officer of the municipality, preside over council meetings and
"provide leadership to the council".
There does not appear to be any reported court decision defining the functions or
responsibilities of the chief executive officer of a municipal corporation, nor distinguishing the
roles of chief executive officer and chief administrative officer from one another.
THE CHIEF ADMINISTRATIVE OFFICER
Section 229 of the Act provides as follows:
11229. A municipality may appoint a chief
administrative officer who shall be responsible
for,
(a) exercising general control and
management of the affairs of the
municipality for the purpose of ensuring
the efficient and effective operation of the
municipality; and
(b) performing such other duties as are
assigned by the municipality."
It is noted that, while the position of chief administrative officer is not, unlike the
clerk, mandatory, nor is the phrase 'chief administrative officer' defined, once a municipality
decides to appoint a chief administrative officer, mandatory responsibilities are then imposed
upon that officer by use of the word "shall' in the second line.
The central role of the chief administrative officer is also vital to the achievement
of municipal purposes, as set out in section 2 of the Act:
772259.1
"2. Municipalities are created by the
Province of Ontario to be responsible and
accountable governments with respect to matters
within their jurisdiction and each municipality is
given powers and duties under this Act and
many other Acts for purposes which include,
(a) providing the services and other things
that the municipality considers are
necessary or desirable for the
municipality;
(b) managing and preserving the public
assets of the municipality;
(c) fostering the current and future
economic, social and environmental well-
being of the municipality; and
(d) delivering and participating in provincial
programs and initiatives."
THE MUNICIPAL CLERK
A high order of responsibility is also imposed upon the municipal clerk who,
pursuant to section 228 of the Act, has the duty and, therefore, the power, to perform a number of
functions, including recording all proceedings of the council and conducting recorded votes
where required by any member present at the meeting, as well as performing a number of other
responsibilities, including all other duties assigned by the municipality.
In these, as well as with respect to other, statutory duties conferred upon the clerk
under the Act, and other legislation, the clerk acts as a "persona designate'; in other words, an
officer whose duties are owed to the public, and may and must be performed by the clerk as a
public officer, quite independently of the clerk's status as an employee of the municipality, which
is usually the case.
It is noted in this latter regard that neither a clerk nor a deputy clerk is required to
be an employee of the municipality, leaving it open, for instance, to agreements among
mlmicipalities to share the duties of a clerk who, unlike, for instance, a medical officer of health,
under section 62 of the Health Protection and Promotion Act,4 is not required to be appointed
full-time.
It is also interesting to note that under subsections 228(4) and (5) of the Act, the
cleric (but not the council) may delegate in writing to any person other than a member of council,
any of the clerk's statutory powers and duties, but the clerk is specifically entitled to continue to
exercise the delegated powers and duties despite the delegation.
R.S.O. 1990, c. H.7, as amended
772259.1
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THE MUNICIPAL POWER TO CONTRACT
It is generally considered that municipalities are not bound by the "indoor
management rulei5 or principles of ostensible authority. In other words, the fact that the head of
council purports to enter into a contract or other binding obligation on behalf of a m ur icipality
will not be given legal effect unless the municipal council itself granted authority for the entering
into of the commitment, or ratified the obligation after the fact.
There are some exceptions to this rule, such as where municipal staff have entered
into an. agreement in the normal course of the municipality's business, and the municipality has
benefited from the contract through complete or partial execution. Issues of unjust enrichment or
quantun meruit (you have to pay for what you get) may also come into play from time to time.
There is also the peculiar case of Moin v. Blue Mountains (Torovn),7 in which the
Ontario Court of Appeal upheld the liability of a municipality for negligent misrepresentation
where the Reeve of the municipality, at a council meeting, stated the municipality's intention to
build a road by a particular time, in the presence of four other members of council who said
nothing, despite the fact that they did not agree with the Reeve as to the timing for rebuilding the
road. The trial judge found that the silence of the members of council constituted the Reeve's
representation that of the council itself. Consequently, the municipality was liable to the property
owner, who had signed a development agreement and refinanced his property on the basis of the
Reeve's assurance. The Town was held liable for the statements made by the Reeve. The Town
did not show that it was unreasonable for the trial judge to accept the plaintiffs account of the
representations and that he believed the Reeve was speaking for the municipality.
THE UNIQUE ROLE OF THE COUNCILLOR
Generally, a municipal councillor is not considered an employee or agent of the
municipal corporation. With the possible exception of the head of council, as chief executive
officer, members of council are not considered public officers of the corporation, although it is
sometimes said that they may constitute "legislative officers". Such members have no executive
or administerial duties imposed upon them. They are not employed by, nor are they in any way
under the control of, the corporation while in office. They have no authority to act for the
corporation, except in conjunction with other persons constituting a quorum.8
When a mumicipal council is sitting as a quasi-judicial body, for instance, in
dealing with an application for a business licence, it is exercising a quasi-judicial function and,
consequently, the councillors are sitting as a quasi-judicial body when considering such issues.
'Porky Packers Ltd. v. Town of Le Pas and Tawse et al, [1977] I S.C.R. 51; Pacific National Investments Ltd v.
Victoria (City), [200012 S.C.R. 919, para. 68
a Sherway Contracting (Windsor) Ltd. v. Kingsville (Town) (2002), 42 M.P.L.R. (3d) 126 (O.S.C.J.)
7 (2000), 143 M.P.L.R. (3d) 1 (Ont. C.A.)
'Rogers, The Law of Canadian Municipal Corporations, (2d), at 148 and 1329; Davies v. The Sovereign Bank
(1906), 12 O.L.R. 557; Porky Packers Ltd. v. Town of Le Pas and Tawse et al, supra
772259.1
Consequently, council members are generally exempt from being cross-examined about
decisions made when they are sitting in such capacity.9
Normally, the head of council, like other members of the council, is entitled to
vote in respect of all matters except where disqualified or precluded by statute.
The council exercises its powers by by-law and makes its decisions by votes at
meetings. The Act prohibits votes by ballot or any other method of secret voting, and any
member may request a recorded vote in certain circumstances. At a recorded vote, the failure by
a member who is present and not disqualified to vote is deemed a negative vote. Many municipal
procedure by-laws make this requirement applicable to all votes.
Under the Act, all meetings of municipal councils, except certain special
meetings, are required to be held in public, as are the meetings of many local boards. Where a
meeting is open to the public, no person can be excluded except for improper conduct, although
the head or other presiding officer is authorized to expel or exclude from any meeting any person
who has been guilty of improper conduct at the meeting.
PROCEDURAL BY-LAWS
Under section 238 of the Act, every municipality is required to pass a procedure
by-law for governing the calling, place and proceedings of meetings. In addition, under section
130 of the Act, a municipality may regulate matters not specifically provided for by statute for
purposes related to the health, safety and well-being of the inhabitants of the municipality.
As with all statutory powers, the application of this section to a particular
municipality or situation may depend on the wording of one or more statutory provisions.
THE POWER TO DELEGATE
Municipal legislation confers specific authority on municipal councils to delegate
powers in respect of certain specified subject matters, but otherwise a municipal cotmcil has no
right to delegate any of its powers, as opposed to administrative responsibilities. For
administrative purposes a council may appoint committees, to which can be assigned certain
administrative duties, such as to collect information, hear submissions, make findings of fact,,
report and recommend action by the council, in respect of any particular area of interest assigned
to that committee.
Probably the phrase "committee of council' is intended to refer to a committee
composed of council members. Unless otherwise provided by statute, a council may appoint non -
councillors to an advisory committee.
9 Wiswell et al v. Metro Corporation of Greater Winnipeg, [19651 S.C.R. 512; Re Schahas et al and Caput of the
University of Toronto et al (1975), 6 O.R. (2d) 271; Broda v. Edmonton (City) (1989), 102 A.R. 255 (Alta. Q.B.)
772259.1
WA
THE EXERCISE OF MUNICIPAL POWERS
Every council is authorized to pass its by-laws and resolutions in English or in
both English and French.
Municipal councils exercise executive, legislative, quasi-judicial and
administrative functions, in respect of a wide variety of matters, as assigned to them by statute.
Many municipalities, particularly larger ones, pass what is called a "confirmatory
by-law" at the end of each council meeting, or part of a council meeting, confirming all decisions
taken at that meeting. This saves the municipality from having to have printed a large number of
by-laws dealing with individual issues. The use of confirmatory by-laws is highly recommended.
THE RIGHTS OF COUNCILLORS
Ordinarily every member of a municipal council has the right to receive notice of
and attend all meetings of the council, and where authorized by by-law or statute, all or certain
meetings of committees. The same applies to local boards, agencies created by statute which
carry on certain aspects of municipal business, such as school boards, public utilities
commissions, public library boards, boards of health, police services boards, planning boards and
other similar bodies. Like municipalities, local boards are creatures of statute, and may or may
not be given the rights and powers of other legal entities.
A council member may be disqualified from participating in debate or voting on
certain matters in which such member has a direct or indirect pecuniary interest, pursuant to the
Municipal Conflict of Interest Act. In such circumstances, the member must declare his or her
interest, and the basis therefor, and not take any steps before, during, or after the meeting to
influence the vote in council. If the meeting is closed to the public, the member must leave the
meeting. If the member is not present at a meeting, the interest must be declared at the following
meeting.
The municipality, through its clerk, is required to record all resolutions, decisions
and other proceedings of the council, and to keep certain other books and documents. Most
documents and records in the possession of the municipal clerk are made available to the public
through section 253 of the Municipal Act and the Municipal Freedom of Information and
Protection of Privacy Act.
THE ROLE OF MUNICIPAL STAFF
There is need for thought to be given to the relationship generally between
members of municipal councils and municipal staff. This is an area which has rarely been
discussed, let alone analyzed in a comprehensive way in legal writings, and yet the extent to
which a municipal government operates properly and smoothly depends so much on the mutual
support and interrelationship between members of the two levels of a municipal government
organization.
A municipal govermnent works best where everyone miderstands his or her role
in the process. Members of council are elected to govern, to establish policies, and to take
772259.1
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responsibility for the functioning of government. Municipal officers and staff have their own
responsibilities, to provide whatever assistance is necessary to the members of council to carry
out their functions, to provide timely and authoritative reports to the council to enable
appropriate decision -malting, and to carry out the policies, directives and instructions of the
council.
Municipalities function best when the players understand their respective roles.
Members of council should not attempt to fulfil the role of staff, and staff should not encroach on
the policy -making discretion of the council.
In Ontario, most members of municipal councils have other full-time occupations;
being a councillor, and sometimes even a head, is not considered a frill -time role, except in some
of the larger municipalities. This leaves the staff, who are essentially permanent fixtures at city
or town hall, and most knowledgeable about the workings of the government. In particular, the
municipal clerk, as has been mentioned, and/or the CAO, normally stand at the hub of municipal
activity, and are most up-to-date with the affairs of the. municipality and the requirements of
effective municipal government.
Although members of municipal councils run for office every three years, re-
election is generally granted to those who seek it and have not committed a major blunder.
It is the duty of municipal staff to acknowledge and support the democratic
process, and to provide whatever is necessary to enable the members of council to function. To
the extent that members of staff feel that they, and not the elected members, make the important
decisions, the government will not be properly served, and conflicts will arise. At the same time,
members of staff, often serving for several decades in the municipal govermnent, are in a
position not only to provide advice to councillors, but to provide a historical context for the
operation of the municipality generally.
It is the experience of the writer that almost without exception, municipal staff
simply wish to do their jobs, carry out the wishes of council, and ensure the fulfilment of the
public interest, irrespective of the personal or political position or attitudes of the individual staff
members. It is generally acknowledged that it is not up to staff to bring about particular results
for their own benefit, nor is it proper for members of council to seek personal political or policy
support at the staff level.
In addition to the traditional fact that in all except the largest municipalities,
members of council serve part-time, the recent trend in "cottage country" is for a number of
members, sometimes the majority, of municipal councils to be composed of non-residents.
THE STRANGE CASE OF REMMERS V. LIPINSKI
A peculiar, and hopefully isolated, court decision involving a chief administrative
officer, is the decision of the Alberta Court of Appeal in Remmers v. Lipinski (2001), 203 D.L.R.
(0) 367 (Alta. C.A.); application for leave to appeal dismissed [2001] S.C.C.A. No. 502. hi that
case, the Court of Appeal upheld a lower court decision awarding damages against a chief
administrative officer who had been found by a trial judge to have been grossly negligent in
failing to supervise the municipality's treasurer, who, through improper and unauthorized
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will
investment of substantial municipal funds, had cost the municipality more than the amount of its
annual revenues.
The Municipal District of Bighorn ("MD") had about 1,200 ratepayers and annual
revenues of about $2 million.
The appellant Hall was the chief administrative officer of MD. Nichol became
municipal treasurer a short time after Hall's appointment, and was under the supervision of Hall.
Nichol drafted an investment policy which the municipal council adopted,
authorizing him to invest funds in accordance with the Municipal Government Act of Alberta
("MGA").
Council passed a by-law under that Act delegating to Nichol various
administrative responsibilities, including to ensure that funds were invested in accordance with
the MGA.
Without consulting Hall or the Council, Nichol made a series of large investments
with two companies, which investments did not comply with the MGA or its regulations, which
strictly control the types of investments that can be made by municipalities. Nichol told Hall that
the investments had been approved by the MD's auditors and lawyers and by Alberta Municipal
Affairs. Hall accepted these false statements at face value and did not verify the information.
The investments failed, resulting in a write -down on MD's books of about $2.3
million. Nichol resigned.
Six ratepayers sued Hall, Nichol, MD and the five individuals who had been on
the Council during the time the investments were made, seeking recovery of the lost finds. They
also sued MD, but did not make a claim for any remedy against it.
The MD refused to bring the action, although it was requested by the ratepayers to
do so. The Council members who had been on Council during the time of the investments did not
seek re-election, but after the election of the new council, MD still made no decision to pursue
proceedings for the recovery of the money.
The trial judge concluded that Hall had been guilty of gross negligence for failing
to ensure compliance with the Council's investment policy; failing to ensure that the monies were
invested in accordance with the MGA; and failing to develop proper financial controls in
accordance with his employment contract.
By the time of the appeal, the only parties remaining were three of the ratepayers
as plaintiffs and Hall, the CAO, as defendant.
On appeal; the Court of Appeal held that the ratepayers had the legal standing to
bring the action in the face of the refusal by MD to do so, by reason of the serious interest of the
ratepayers in recovering public funds and the fact that there was no other reasonable or effective
manner in which the issue could be brought before the Court.
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Hall acknowledged his obligation under the MGA, which read as follows:
"Unless otherwise provided by by-law, all
designated officers are subject to the supervision
of and accountable to the chief administrative
officer."
The Court of Appeal held that the trial judge had not made a manifest error,
ignored conclusive or relevant evidence, misunderstood the evidence or drawn erroneous
conclusions from it. He had held that Hall did not impose any sort of internal financial control, as
he was bound to do by his employment agreement, did not require written reports from Nichol,
and did not orally discuss investment matters of any substance with him.
Hall in effect had placed a blind and misguided trust in Nichol which was not
justified in the circumstances. He relied completely on Nichol to ensure compliance with the
Council's policy and the MGA, and accepted Nichol's explanations at face value. Accordingly,
Hall's conduct amounted to a breach of his duty to implement a program or policy which
imposed financial controls.
The Court of Appeal held that it should be slow to substitute its opinion for a trial
judge's as to whether Hall's conduct amounted to gross negligence, and here there was no error of
that kind. The trial judge had also made findings about Hall's credibility "which this Court [the
Court of Appeal] cannot second guess".
The appeal was dismissed, as was an application for the matter to be dealt with by
the Supreme Court of Canada.
THINGS THAT MUNICIPAL POLITICIANS WANT TO KNOW
The following are the questions most frequently asked by members of municipal
councils to municipal lawyers. The answers are not intended to constitute legal advice, nor to
provide definitive answers to these questions. It is emphasized that in the event of a need for
professional assistance, the services of a lawyer should be sought to provide advice relating to
the specific circumstances and issues.
Q.1 Will I be personally liable if I vote on a matter?
Ans. Generally, the principle of law is that individual members of a municipal council
may be successfully sued only if the act alleged to form the basis for the action is
done maliciously, and thus constitutes misfeasance in public office. In the absence
of an improper motive, breach of good faith, an intention to injure a third party, or
malice or reckless abuse of public office, simply voting on a matter should not
lead to personal liability.
As a general rule, it may be stated that no action lies against individual members
of a corporation for a corporate act done by the corporation in its corporate
capacity, unless the act is maliciously done by the individual charged, and the
corporate name used as a mere colour for the malicious act, or where the act is
772259.1
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beyond the power of the corporation, and is not, and camiot be in contemplation
of law, a corporate act at all.
"Malice" generally involves the intentional doing of a wrongful act without just
cause or excuse, with an intent to inflict injury or in circumstances in which the
law will imply an evil intent. Malice in law does not necessarily involve personal
hatred or ill will, but it is a state of mind which is reckless of the law and of the
legal rights of others. It may also involve a motivation or intent based on an
improper ulterior purpose, not relevant to the objectives of the authorizing
legislation, or involving indifference to the truth.
There are a few statutory provisions creating special penalties for members of
council in certain circumstances, such as for misapplication of finds or breach of
conflict of interest legislation. On the other hand, there are also a number of
statutory provisions providing protection to individual members of council
exercising the duties of their office, even where the municipality itself might be
found to be liable.
For instance, section 448 of the Act provides that no proceeding for damages or
otherwise shall be commenced against a member of council or an officer,
employee or agent of a municipality for any act done in good faith in the
performance or intended performance of a duty or authority under the Act or a by-
law passed under it or for any alleged neglect or default in the performance in
good faith of the duty or authority.
A new section 450 provides that no proceeding based on negligence in connection
with the exercise or non -exercise of a discretionary power or in the performance
or non-performance of a discretionary function, if the action or inaction results
from a policy decision of the municipality made in good faith, shall be
commenced against a municipality, a member of council, or any officer, employee
or agent of a municipality.
Q.2 Can I be sued for defamation for statements made in council?
Ans. First of all, the distinction must be made between "can I be sued" and "can I be
sued successfully". Although it is not common, those bringing actions or claims
against municipalities will from time to time also add as parties individual
members of council. Unfortunately, from time to time, proceedings against
members are brought maliciously or without proper basis, in an intent to get even
with or intimidate councillors properly carrying out the municipality's business, or
possibly to change the quorum of council by attributing a conflict of interest to
members involved in the action. In such cases, expeditious action should be taken
to have the proceedings dismissed. It is extremely rare that any action ultimately
succeeds against a municipal councillor.
A municipal councillor acting in good faith in what he or she perceives to be the
I
ublic interest who deals with a matter within the municipal jurisdiction, should
772259.1
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generally pursue his or her convictions fearlessly in confidence that municipal
councillors have the legal right to fulfil their legal duties as such.
On the other hand, members of council should be very aware of the potential for
defamation proceedings arising in the course of their work.
There exists at law what is know as the defence of qualified privilege, which
attaches to statements published in the course of carrying out of a public duty,
where there is honest belief in the truth of the statements made and an absence of
malice.
A defamatory statement is one which has a tendency to injure the reputation of the
person to whom it refers, which lowers him or her in the estimation of right
members of society, and in particular, which causes him or her to be regarded
with feelings of hatred, contempt, ridicule, fear, dislike or dis-esteem.
The law recognizes a public interest in permitting members of governmental
bodies to communicate frankly and freely with one another about matters with
respect to which the law recognizes that they have a duty to perform or an interest
to protect in so doing. What is published in good faith on matters of these kinds is
published on a privileged occasion. It is not actionable, even though it be
defamatory and turns out to be untrue. However, it is lost if the occasion which
gives rise to it is misused. For instance, if council, or a committee, at a public
meeting, deals with matters which are beyond its jurisdiction, or if a member of a
council makes statements outside of the council chamber, the protection may be
lost. If a plaintiff can establish that the person malting a statement has acted from
malice, or for base motives, does not believe what he or she says, or makes a
statement recklessly not caring whether it is true or false, the defence which
would otherwise be attendant upon the occasion, may be lost. Even if a person
believes in the truth of what he or she says, the privilege may be lost if the
predominant motive for publication is dishonourable, or made for purposes of
spite.
Q.3 If I get sued, will the municipality pay my expenses?
Ans. To a large extent, this is up to the individual municipal council to decide.
Provisions of the Act authorize municipalities to provide by by-law for
compensation of members of council for expenses incurred by them as a result of
acting in their capacity as a member. Many municipalities have such by-laws, or
deal with each matter separately in specific circumstances as they arise.
It is important to note the requirement that such expenses may be paid only when
the member of council is engaged in the performance or intended performance of
the duties of office, and not in respect of personal matters, not relating to his or
her municipal position.10 In general terms, such indemnity may be provided in
"Santa v. Thunder Bay (City), [20041 O.J. No. 1241 (Out. C.A.); Rawana v. Sarnia (City) (1997), 35 O.R. (3d)
640n (C.A.), affirming (1996), 30 O.R. (3d) 85 (Gen. Div.)
772259.1
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respect of both the legal costs in the defence of a proceeding, and damages or
costs required to be paid to other parties.
Generally, such compensation is not provided for the unsuccessful defence of
criminal proceedings, the prosecution of actions or proceedings against third
parties, the unsuccessful defence of proceedings under the Municipal Conflict of
Interest Act, the payment of fines or proceedings arising out of actions taken as a
candidate in a municipal election. Councils may or may not provide finding for
their members to seek legal advice with respect to conflict of interest legislation.
A municipal council also has the power to pass by-laws for procuring insurance to
indemnify and protect members of council or of a local board, as well as
employees of the municipality, against risks that may involve liability for
damages or costs, occurring as a result of acts or omissions done or made by them
in their public capacity, including while acting in the performance of a statutory
duty, or paying damages or costs awarded or expenses incurred as a result of
proceedings, or any sum required in connection with the settlement of such a
proceeding or ass Liming the cost of defending the person in such an action or other
proceeding. It is noted that this provision does not apply to a proceeding brought
under the Municipal Conflict of Interest Act where the member is found to have
contravened the Act.
Q.4 When should I declare a conflict of interest?
Ans. The technical answer is "never". The requirement, contained in the Municipal
Conflict of Interest Act, is to declare a pecuniary interest, direct or indirect, in any
matter which is the subject of consideration by a council or local board, prior to
any consideration of the matter at the meeting. The Act requires not only the
disclosure of the interest, but also its general nature.
It is also important to note that where such a requirement applies, the member is
also prohibited from attempting in any way, before, durin or after the meeting, to
influence the voting on any such question.
Although there have been cases where members were found not to have breached
the requirements of the Act where they were not in attendance at any council
meeting where the matter was discussed, nevertheless, as a general rule, members
should give serious consideration to their duties under the Act, when such a issue
arises at a meeting of a committee, or at any other time in which an action taken
by the member could ultimately affect a vote at council.
Where the member is absent from a meeting involving a discussion of a matter in
which a member has a pecuniary interest, the disclosure is required to be made at
the first meeting of council attended by the member after such previous meeting.
772259.1
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Q.5 Do I have a right to legal advice from the municipal solicitor?
Ans. The general principle is that the municipal solicitor is in a solicitor and client
relationship with the municipal corporation, not with members of its council.
Therefore, the municipal lawyer is not in a position to provide personal or
individual legal advice to councillors in their personal capacities. It must always
be remembered that as the solicitor to the municipal corporation, the lawyer owes
a duty- to that corporation, and issues may arise from time to time involving
potential for conflict between that corporation's legal interest, and the interests of
individual members of council.
It must also be emphasized that the lawyer is in a fiduciary relationship with the
municipality, involving confidentiality, trust and a requirement to disclose to the
municipal corporation all information relevant to its interests in the possession of
the solicitor.
Very often, municipal lawyers are asked by individual members of council if they
"have a conflict of interest". Once again, a municipal lawyer is not in a position to
be able to provide such advice to a member, particularly when he or she is not in a
position to know all of the factors which may be relevant to that member's
decision as to whether or not the requirements of the Act must be followed in any
particular matter. Consequently, the municipal lawyer must advise the councillor
to seek independent legal advice with respect to the issue.
Notwithstanding the above comments, the writer has, while acting for a
municipality, on occasion, been asked questions about the personal position of a
member of a council, and in some cases, has referred a member to particular
provisions of the Municipal Conflict of Interest Act suggesting that the member
may in fact have a problem under that statute, such as provisions which deem
certain interests of others, such as members of family, bodies of which the
councillor is a member, or an employee, to be the interest of that member.
However, any such suggestion has always be joined with the advice that the
member should seek his or her own legal counsel.
In spite of the foregoing cautions, it is to be noted that the writer is not aware of
any case in which a member sought and followed the legal advice from a
municipality's lawyer, where such member was not excused from the
consequences of breach of the Municipal Conflict of Interest Act.
Q.6 Do I have a right to see all documents in the hands of staff?
Ans. Generally, but not always.
In the normal course of things, municipal staff are required to provide assistance
to the municipal council and its members in enabling them to carry out their
respective duties and powers, and it is very rare that a situation arises in which
any information or document is refused to a member of the council.
772259.1
-17-
A councillor is also, of course, a member of the public, and any document
available to the public, whether under the Municipal Act or the Municipal
Freedom of Information and Privacy Act, is also available to a councillor.
Problems do, however, arise from time to time, particularly when one or more
members of a municipal council seek personal information relating to an
individual, which is in the hands of the municipality, but collected for a purpose
other than that for which the disclosure is sought by the councillors. hi such cases,
the councillors may not have a right to access to such documents.
From time to time an issue arises, where an individual member of a council, as
opposed to the council itself or one of its committees charged with a duty in a
particular area, seeks disclosure of a confidential document in the hands of staff
for reasons other than the proper performance of the member's responsibilities of
office. The general principle is that while the council, as the directing body of the
corporation, has a right to require production of such documents in the possession
of its staff, obtained in that capacity, nevertheless individual members of council
do not necessarily have a right to every such document.
Q.7 Does the municipal councillor speak on behalf of the municipality?
Ans. A member of a municipal council is neither an employee nor an agent on behalf
of the municipality.
Also, as( a general rile, a municipal corporation is not bound by the acts of
councillors acting as individuals, nor can it be held liable for a contract not
authorized by the council exercising its collective capacity to bind the corporation
through the enactment of by-laws.
The municipal council is the policy -making body for the municipality, and in
general terms, no individual member of council can speak for the council or make
representations on its behalf, unless authorized by the council, or otherwise by
law, to do so.
It is emphasized that the municipal council is a collective decision -making body,
and that the individual motives or opinions of individual members of council will
not necessarily be attributed to it. The fact that a member of a council may act in
bad faith in deciding whether or not to vote for or against a particular measure,
does not, in itself, invalidate the decision, although it is generally the duty of a
member of council to act in the best interests of the corporation and the citizens
they represent, and the council as a whole has a duty to act in good faith.
Councillors are legislative decision -makers of the municipality, and, with the
exception of the head, who is the chief executive officer, they have no individual
executive or ministerial duties. Moreover, they have no authority to act for the
corporation except in conjunction with other members constituting a quorum. As
legislators, they fulfil a role similar to members of Parliament or the Provincial
Legislature.
772259.1
NVE
In general terms, members of municipal councils, other than the head of council,
are not considered to be 'officers" of the municipal corporation, for the purpose of
statute law. It also appears unlikely that a member of a municipal corporation
would be considered a "director of a corporation" in the absence of a statute
specifically defining such term to include such members.
Q.8 Can a member who has attended an in camera meeting legally divulge what
took place at that meeting, after it is over?
Ans. A municipal corporation could have an action for damages against the councillor
for breach of confidence, in certain circumstances, if the divulging of the
confidential information had a detrimental effect upon the financial interests of
the municipality.
It may also be that in some circumstances such conduct could involve a breach of
fiduciary duty. Although it does not appear to have been conclusively decided by
any court that a member of a municipal council has fiduciary duties owed to the
municipal corporation, there are certainly good arguments why should would be
held to be the case.
A member should also be concerned about codes of conduct or procedural by-
laws enacted by a municipal council which could preclude such activity, possibly
constituting breach of its requirements an offence punishable by prosecution.
One could also argue that where a council had decided, as it has the power to do
so in certain circumstances under section 239 of the Act, that a meeting or part of
a meeting be closed to the public, that would appear to preclude a member from
acting in contempt of that ruling, although it is miclear what penalty, other than a
motion of censure, a council could impose upon such a member. It probably could
not interfere with his or her status as a member.
A recent court decision would suggest that it may be open to a member to divulge
confidential information as to what took place at an in camera meeting, although
the decision would appear to constitute obiter dictum (statements not necessary to
the decision and, therefore, not binding) and be distinguishable on its facts. Leave
to appeal to a higher court was dismissed. 11
Q.9 Can municipal councils hold private "retreats" or "information sessions"?
Ans. The provisions of the Act requiring open meetings of councils, local boards and
committees apply only to "meetings" of those bodies. The question remains,
therefore, whether or not the members of a council may get together, with or
without staff or outside advisors, for the purpose of orienting or informing
themselves generally with respect to their work as councillors, or exchanging
ideas relevant to their work as members of the body in question.
" RSJHoldings Inc. v. London (City), [20041 O.J. No. 2700; leave to appeal refused, [20041 O.J. No. 1982
(O.S.C.J.)
772259.1
_19-
A series of authoritative court decisions have provided the conclusion that a
number of factors, including the words of the applicable legislation, and in some
cases, duties of procedural fairness, may play a role in affecting this decision.
Generally, the requirement that meetings be open to the public does not preclude
informal discussions among members, either alone or with the assistance of their
staff, but a "meeting" may be held to have been established: where the body in
question is discussing matters within the ambit of its jurisdiction; where matters
are dealt with which would normally form the basis of council's business; where
the "meeting" deals with such matters in a way which moves them materially
along the way in the overall spectrum of council decision -malting; or where the
public is being deprived of the opportunity to observe a material part of the
decision -malting process.
As a matter of law, each situation depends upon its own circumstances. Generally,
if a council desires to hold informal get-togethers, retreats, bull sessions,
workshops and the like, it is most desirable that it establish in its procedural by-
law when and for what purposes such assemblies may be held.
It is most desirable that municipal councils provide as much information and
assistance as possible to its members, particularly newly -elected members of
councils, who will benefit substantially and fulfil their duties as councillors in a
more valuable way, if they are given the benefit of an orientation session at the
commencement of their term in office.
Q.10 When can municipal councils reconsider their decisions?
Ans. Many municipal procedural by-laws contain provisions dealing with
circumstances in which the municipal council may reconsider questions
previously decided by the council.
Such provisions are presumably enacted for the purpose of preventing repetitious
attempts to have the same issue debated over and over again in the hopes that the
changing composition of council or other circumstances may lead to a different
result from that previously obtained.
Typical conditions of such provisions for "reconsideration motions" may involve
the requirement that the member moving the motion to reconsider have previously
voted with the majority, presumably indicating that at least one member has
changed his or her mind and now feels that it is fit that council as a whole revisit
the issue and consider arguments why changed circumstances or new grounds of
approach might suggest that council at this point of time decide the question
anew. (There is reason to believe that from time to time some members of
councils, recognizing a lost cause, have voted with the majority and against their
own position, in the anticipation that at some point such a member might be in a
position to move a reconsideration motion).
772259.1
-20-
Some reconsideration provisions may contain additional conditions imposed as a
precedent to allowing reconsideration, such as a two-thirds vote.
Many such provisions apply only in respect of a question decided during the same
term of council; others are open-ended, and could, if construed literally, constitute
an indefinite fetter on the right of a council to reconsider matters dealt with during
a previous term.
Normally, a motion to reconsider, and reconsideration of the question, involve a
two -stage process: first the debate, if debate is permitted, of the reconsideration
motion itself; and if that motion passes, the general debate on the substantive
issue. In such cases, it is either specifically provided in the by-law, or generally
considered, that debate relevant to the motion to reconsider should not involve
arguments addressed to the merits of the issue itself, but only to the question as to
whether or not it is appropriate at this time that the council re -debate that issue.
It may pose a difficult problem for the head of council chairing the meeting to
draw a line between debate relevant to the reconsideration motion alone and
debate going to themerits of the case.
The question arises as to whether or not a municipal council has the power to
enact such a provision, at least to the extent that the by-law seeks to impose
conditions upon the introduction of business before a council which may have the
effect of prohibiting a majority of the council from voting upon a matter within its
jurisdiction and otherwise properly introduced.
This issue is also tied up with the question as to whether or not a council has the
power to bind a successor council and prevent it from deciding by a majority vote
an issue otherwise properly brought before it.
A more complex issue is the substantive point of law dealing with the question of
in what circumstances may a council, by changing its mind, affect the legal position of the
municipal corporation and the rights of third parties who may have relied upon a previous
council decision, perhaps formalized through a written agreement, and who may have relied
upon the colmcil decision to their detriment.
777,259.1
OFFICE CONSOLIDATION COPY
PROCEDURAL BY-LAW 4280-01.0 as amended
(includes amendments from By-laws 4303-01.C; 4384-02.C; 4396-02.C)
updated effective January 2004
INDEX
SECTION SUBJECT PAGE
SECTION 1 DEFINITIONS 1-2
PART I - MEETINGS OF COUNCIL
SECTION 2 CALLING OF MEETINGS
2.1
Inaugural Meeting
2
2.2
Regular Meetings
2
2.3
July/August Meetings
3
2.4
Public Planning Meetings
3
2.5
Special Meetings
3
2.6
Notice of Meetings Provided to Council Members
3
2.7
Notice of Meetings Provided to the Public
4
2.8
Open Meetings - Exceptions
4-5
SECTION 3 ORDER OF BUSINESS
3.1 to 3.6
Open Forum
5-6
3.7
Approval of Agenda
6
3.8
Delegations
7
3.9
Correspondence
8
3.10
By-laws
8
3.11
Notice of Motion
9
3.12
Other Business
9
3.13
Proclamations/Resolutions
9
3.14
Adjournment
10
3.15 to 3.16
Minutes
10
SECTION 4 CONDUCT OF MEETINGS
4.1 to 4.2
Duties of the Chair
11
4.3
Deputy Mayor
11
4.4
Conduct of Members
11
4.5
Improper Conduct
12
4.6
Suspension of Procedural Requirements
12
4.7
Statutory Hearings
12
4.8
Rules of Order
12
4.9
Conflicts and Disclosures of Interest
13
By -Law 4280-01.0 INDEX Page 2
SECTION SUBJECT PAGE
SECTION 5
RULES OF DEBATE
5.1
Debate
13
5.2
Seconding of Motions
14
5.3
Ultra Vires
14
5.4
Voting
14
5.5
Division of Motion
15
5.6
Precedence of Motions
15
5.7
Motion to Adjourn
15
5.8
Motion to Recess
16
5.9
Question of Privilege
16
5.10
Appeal
16
5.11
Point of Order
17
5.12
Withdrawal
17
5.13
Suspension of Rules
18
5.14
Previous Question
18
5.15
Limit or Extend Limits of Debate
18
5.16
Postpone to a Definite Time
18
5.17
Motion to Refer
19
5.18
Motion to Amend
19
5.19
Motion to Postpone Indefinitely
19
5.20
Motion to take from the Table
19
5.21
Reconsideration
19-20
PART II - STANDING COMMITTEES
SECTION 6 CREATION AND DISPOSITION 21
SECTION 7 TERMS OF REFERENCE 21
SECTION 8 MEMBERSHIP 21
SECTION 9 CHAIR 21
SECTION 10 QUORUM 21
SECTION 11 ADMINISTRATIVE SUPPORT 22
SECTION 12 OPEN MEETINGS & NOTICE OF MEETINGS 22
SECTION 13 ORDER OF BUSINESS 22
SECTION 14 REPORTING 23
By -Law 4280-01.0
INDEX
Page 3
SECTION
SUBJECT
PAGE
PART III -AD HOC COMMITTEES
SECTION 15
CREATION AND DISPOSITION
24
SECTION 16
TERMS OF REFERENCE
24
SECTION 17
MEMBERSHIP
24
SECTION 18
CHAIR
24
SECTION 19
QUORUM
25
SECTION 20
ADMINISTRATIVE SUPPORT
25
SECTION 21
OPEN MEETINGS & NOTICE OF MEETINGS
26
SECTION 22
PROCEDURES AND RULES OF DEBATE
26
SECTION 23
REPORTING
27
PART IV - ADVISORY COMMITTEES
SECTION 24
CREATION AND DISPOSITION
28
SECTION 25
TERMS OF REFERENCE
28
SECTION 26
MEMBERSHIP
28
SECTION 27
CHAIR
28
SECTION 28
QUORUM
29
SECTION 29
ADMINISTRATIVE SUPPORT
29
SECTION 30
OPEN MEETINGS & NOTICE OF MEETINGS
29
SECTION 31
PROCEDURES AND RULES OF DEBATE
30
SECTION 32
REPORTING
30
By -Law 4280-01.0
INDEX
Page 4
SECTION
SUBJECT
PAGE
PART V - LOCAL BOARDS
SECTION 33
CREATION AND DISPOSITION
31
SECTION 34
TERMS OF REFERENCE
31
SECTION 35
MEMBERSHIP
31
SECTION 36
CHAIR
31
SECTION 37
QUORUM
31
SECTION 38
ADMINISTRATIVE SUPPORT
32
SECTION 39
OPEN MEETINGS & NOTICE OF MEETINGS
32
SECTION 40
PROCEDURES AND RULES OF DEBATE
33
SECTION 41
REPORTING
33
PART VI - FINANCIAL
SECTION 42 FINANCIAL BUDGET ALLOCATIONS 34
PART VII — AUDIO RECORDINGS
SECTION 43 AUDIO RECORDINGS 34
REPEAL SECTION 34
EFFECTIVE DATE 34
THE CORPORATION OF THE TOWN OF AURORA
Bylaw Number 4280.01.0
BEING A BY-LAW to govern
the procedures of the Council
of the Town of Aurora and its
Committees and BOardSJ
WHEREAS the Municipal Act, R.S.O. 1990, c.M. 45, (as amended, the "Municipal Act')
authorizes every municipal Council to enact By-laws to govern the proceedings of
Council, the conduct of Council Members and the calling i f 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 thee 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:
1.1 "Ad Hoc Committee" shall mean a committee constituted by Council from time
to time pursuant to Part III of this By-law to act on s temporary or singular issue,
and shall be discontinued by Council resolution When their recommendations
upon the specified initiative or matter have 'I been provided and further
recommendations are no longer required.
1.2 "Advisory Committee" shall mean a committee constituted by Council from
pursuant to Part IV of this By-law to act in an a visory capacity to Council on
operational and strategic issues during the full t rm of Council.
1.3 "C.A.O." shall mean the Chief Administrative Officer for the Municipal
Corporation.
1.4 "Chair" shall mean the person presiding at a meeting in accordance with the
provisions in this By-law governing that meeting.',,
1.5 "Clerk" shall mean the Clerk of the Corporation of the Town of Aurora, or
his/her delegate.
1.6 "Committee Member" shall mean a member of p Committee governed by this
By-law.
1.7 "Council' shall mean the Council of the Corporation of the Town of Aurora.
1.8 "Local Board" shall mean a body established by Council pursuant to a specific
statutory authority.
1.9 "Local Board Member" shall mean a member of a Local Board governed by
this By-law.
1.10 "Member" shall mean a member of Council
1.11 "Municipal Corporation" shall mean the Corporation of the Town of Aurora.
1.12 "Secretary" shall mean the person appointed': to this By-law to record the
proceedings of any meeting constituted pursuant to this By-law.
1.13 "Staff' shall mean employees of the Municipal Corporation.
1.14 "Standing Committee" shall mean a committee constituted pursuant to Part II
of this Bylaw and shall be composed of Members of Council only.
(1)
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 Decemberat 7:00 p.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 forin 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.
The starting time of Regular Meetings of Council shall be preceded by a twenty
(20) minute Open Forum period, if necessary as determined by 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 Meetinqs
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 Council 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 orother 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 otherthan 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 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.
(c) At Special meetings of the Council, it shall not be within the jurisdiction of
Council at that meeting to consider or decide upon any matter unless such
matter had been specified in the notice calling the meeting. This provision
may be only waived where all Members of Council are present to vote
upon a motion to waive this clause.
101
(d) The Council may by resolution provide that any meeting shall be held at a
place within the Town of Aurora otherthan in the Council Chambers at the
Town Hall.
Notice of Meetinas 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 Dept. in
theTown Hall and by making a copy of the Agenda available to the Aurora
Public Library and to those members of the press who have requested
that they be placed on the circulation list with the 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
Municipal Clerk shall make reasonable efforts to provide notice to those
concerned.
Open Meetings - Exceptions
2.8 (a) All meetings of the Council and its Committees shall be open to the public,
except when matters to be considered at such meetings are confidential.
Without limiting the generality of the term, "confidential" matters shall
include the following:
• the security of the property of the municipality or local board;
• personal matters about an identifiable individual, including municipal or
local board employees;
• a proposed or pending acquisition of land for municipal or local board
purposes;
• labour relations or employee negotiations;
• litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
• the receiving of advice that is subject to solicitor -client privilege,
including communications necessary for that purposes; and
• a matter in respect of which a council, board, committee or other body
has authorized a meeting to be closed under another Act.
(b) To consider these "confidential" matters, Council or its Committees may
convene "In Camera
(c) Before proceeding "In Camera", Council or its Committees must pass a
Resolution during an open session stating the fact that it is holding an "In
Camera" meeting and identifying the general nature of the matter to be
considered.
(d) There shall be no minutes taken at any "In Camera" meetings of Council
or its Committees. Only the result of any vote taken will be recorded,
provided that the vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the municipality or local
board or persons retained by or under contract with the municipality or
local board.
(e) As part of Council's or its Committees' "In Camera" deliberations, a
determination will be made by Council as to when the matter(s) will be
ratified publicly by Council to the extent that the public interest permits. At
no time will Committees report publicly, since their "In Camera"
deliberations must only be reported to Council.
(3)
(f) All information, documentation or deliberations received, reviewed or
provided in an In Camera meeting is confidential. Members of Council
shall not release, reproduce, copy or make public any information or
material considered at an In Camera 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.
(g) While "In Camera", 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 Camera" can either
be ratified in open Council immediately afterthe "In Camera" session or at
a future scheduled Council meeting.
(h) Upon the reporting out of any "In Camera" agenda item, any individual
members may express their own personal position on the item, but shall
not referto 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 Camera" shall not be released to the public in advance of
the "In Camera" meeting or prior to the time agreed upon for public
ratification by Council.
Section 3 - Order of Business
Open Forum
3.1 During the twenty minutes preceding each Regular Council meeting, the
Members shall attend in the Council Chambers for the purpose of providing an
informal opportunity to the members of public to make enquiries and/or voice
opinions on subjects of municipal concern.
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 bythe majority of
the Members present:
➢ Declaration of Pecuniary Interest
➢ Approval of the Agenda
➢ Adoption of the Minutes
➢ Presentations
➢ Determination of Items Requiring Separate Discussions
➢ Adoption of Items not Requiring Separate Discussions
➢ Delegations
➢ Consideration of Items Requiring Separate Discussion
➢ Regional/GTSB Reports
➢ Other Business, Councillors
➢ Reading of By-laws
➢ In Camera
➢ Adjournment
3.3 Notwithstanding the provisions of this section, it shall be open to Council to
consider an in camera matter at any point in the order of business upon
enactment of a resolution in that regard.
3.4 As soon after the hour fixed for 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.
3.5 A majority of the Members shall constitute a quorum.
3.6 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.
(4)
Approval of Agenda
3.7 (a) At the outset of the meeting the Chair shall call 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 approved, 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
3.3 (a) Delegations shall be encouraged to appear at the appropriate Committee
first rather than Council. Anyone wishing to appear be General Committee
or Council shall advise the Director of Corporate Services/Town Clerk by
4:30 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.
(c) No person other than the designated spokesperson may speak on the
matter and for not more than five (5) minutes, except that a delectation
consisting of 3 or more persons who are present at the meeting and wish
to discuss the same Issue may have more than 1 speaker provided that
the speaking time collectively 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.
(a) All delegations appearing be 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 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, by 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
3.9 (a) Correspondence addressed to the Mayor and Council shall be
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.
By-laws
3.10 (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;
(5)
(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;
(a) 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) By-laws shall be circulated in a draft format until such time as final
approval is required. By-laws shall then be given three readings and
enacted at the same meeting.
(i) Every By-law passed by Council shall be numbered and dated, and shall
be sealed with the Seal of the Municipal Corporation and signed by the
Mayor and Clerk and shall be kept by the Clerk in his/her office or any
other place appointed for that purpose.
Notice of Motion
3.11 (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 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 forthe 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 orotherwise 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.
Other Business
3.12 This section shall contain items which a member may introduce which was not
circulated with the agenda and which, due to its urgent nature cannot be
properly presented at a subsequent meeting of Council or appropriate
Committee. In addition, a member may introduce a notice of motion Ora 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.
(6)
Proclamations/Resolution s
3.13 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 advice that the Town of Aurora does not take
action on resolutions received from other municipalities, but rather makes its
position known through the appropriate municipal association, or alternatively,
directly to the relevant Minister or government leader;
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;
Copies of all resolutions will be circulated to all Members of Council, the C.A.O.
and Directors;
Any resolution maybe placed on a Councilor Committee agenda atthe request
of a Council Member.
Adiournment
3.14 (a) On a motion, which is non -debatable and does not require a seconder,
and is approved bythe 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.
Minutes
3.16 The Clerk shall record in the minutes:
(a) The date, time and place of meeting;
(b) The attendance of the Members;
(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.
3.16 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.
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;
(7)
(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;
(e) To restrain the Members, within the rules of procedure, when engaged in
debate;
(f) To enforce on all occasions 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
(1) 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-law 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
refuses 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 or unparliamentary language in or against the
Council or against any Member;
(b) Speak on any subject other than the subject in debate;
(c) Criticize 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 interrupts 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.
(8)
4.6 Except as provided herein, the provisions of this By-law shall be observed in all
proceedings of Council and its Committees, provided that the rules and
regulations contained herein may be suspended by a two-thirds majority vote of
all of the Members. Upon suspension, the new procedure to be followed shall
be determined by a majority vote of the Members present.
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 Robert'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 Memberwho 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 the 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 Memberwhile 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 bythe
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;
(g) A Member may ask a question only for the purpose of obtaining
information relating to the motion under discussion and such question
must be stated concisely and asked only through the Chair.
(9)
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 underdiscussion but only forthe
purpose of obtaining relevant information, following which the Member
shall speak;
(h) 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 otherwise provided in this By-law, a motion shall be formally
seconded before debate on a question and before the Chaircan put the motion
or a motion can be recorded in the minutes by the Clerk.
Ultra Vlres
5.3 A motion in respect of a matter which is ultra vires thejurisdiction of the Council
shall not be in order.
Voting
5.4 (a) The Chair, except where he/she is disqualified to vote by statute, shall
vote only on questions necessary to break a tie;
(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 show 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;
(a) The Chair shall declare the vote carried, carried unanimously, ordefeated.
(f) Where a vote is to be taken for any purpose and a Member requests
immediately prior to the taking of the vote that the vote be recorded, each
Member present, except a Member who is disqualified from voting by
Statute, shall announce their vote openly, and any failure to vote by a
Member who is not disqualified shall be deemed to be a negative vote.
Members shall vote In alphabetical order according to surname, with the
Mayor announcing his/hervote last. The Clerk shall record each vote and
announce the results. The Chair shall not entertain a request for a
recorded vote afterthe result of a motion is determined through a show of
hands and the result is declared by the Chair.
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:
(a) Privileged Motions
(1) Adjourn
(ii) Recess
(iii) Question of Privilege
(10)
(1) 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
(1) Main Motion
(ii) Take from the table
(iii) Reconsider
Motion to Adiourn
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 aftersome intermediate proceedings have completed bythe Council;
(c) Shall not be in orderwhen 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;
(a) 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 shall be
treated as a main motion.
Question of Privilege
5.9 (a) Where a Member considers that his/her integrity or the integrity of the
Council as a whole 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;
(11)
iactinn
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.
Appeal
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;
(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 Chairand 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) Shall only be made by the mover of the motion;
(it) Shall have the consent of the seconder of the motion; and
(iii) Shall be in order at anytime during debate.
(b) If any Member objects to the withdrawal of the motion, a withdrawal
motion may be entertained, is debatable, requires a seconder and a
majority vote. If no Member objects to the withdrawal of the motion, the
motion shall be considered withdrawn without the necessity of a vote.
Suspension of Rules
5.13 (a) A motion to suspend the rules of procedure required by this By-law shall
not be debatable or amendable and shall require a two-thirds majorityvote
of the Members present;
rules.
Previous Question
5.14 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 forthe 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
5.15 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
5.16 (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
5.17 A 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
5.18 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;
(a) 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.
(13)
5.19 A motion to postpone indefinitely (to table) shall be debatable, shall not be
amended and may be reconsidered.
Motion to take from the Table
5.20 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 bythe Council; and
(d) When resolved in the affirmative, the mattertaken from the table shall not
be laid on the table again until after some intermediate proceedings have
taken place.
Reconsideration
5.21 (a) After a resolution/By-law that determines the final outcome of a main
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.
(b) Any Member may give notice of a motion to reconsider or rescind a
resolution/By-law.
(c) Such notice may only be given during the New Business section of a
meeting and may relate to a resolution/By-law enacted during that
meeting or at a prior meeting.
(d) If the motion is seconded, Council may only enact such a motion by a two-
thirds majority vote.
(e) Where it is determined that a resolution/By-law shall be reconsidered, no
further action shall be taken to carry into effectthe affected resolution/By-
law until after the motion to reconsider has been disposed of, eitherat the
next regular meeting or at a special meeting called to considerthe motion
to reconsider.
(f) 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.
(g) 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.
Q) 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 afterits original enactment and no resolution
to reconsider may itself be the subject of a motion to reconsider.
PART II - STANDING COMMITTEES
Section 6 - Creation and Disposition
6.1 Council hereby establishes a General Committee, an Administration and
Finance Committee and an Amalgamation Review Committee.
6.2 Standing Committees shall only be discontinued by amendment to this By-law.
(14)
Section 7 - Terms of Reference
7.1 The General Committee may consider delegations, correspondence, staff
reports and matters for discussion in relation to matters ordinarily within the
competence 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 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 orderof 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, subject to the intention that conduct of General
Committee meetings shall be informal.
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 that meeting.
Section 10 - Quorum/Chair's Report
10.1 A quorum forthe General Committees shall require the attendance of a majority
of the appointed Council Members. Where no quorum is formed the members
present may elect to hold a meeting and prepare a Chair's Report of the
proceedings and recommendations arising from that meeting.
Section 11 -Administrative Support
11.1 The duties of the Secretary to the General Committee shall be carried out bythe
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 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 thatthe conduct of all Standing Committee Meetings (including the
manner of attire) shall be informal.
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:
➢ Declaration of Pecuniary Interest
➢ Approval of the Agenda
➢ Adoption of the Minutes
➢ Determination of Items Requiring Separate Discussion
➢ Adoption of Items Not Requiring Separate Discussion
➢ Delegations
➢ Consideration of Items Requiring Separate Discussion
➢ Other Business, Councillors
➢ In Camera
➢ Adjournment
13.3 Debate on any matter shall proceed informally underthe 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 2 herein.
Section 14 - Reporting
14A The General Committee shall report directly to Council.
14.2 No discussion or recommendation of the General Committees 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.
PART III -AD HOC COMMITTEES
Section 15 - Creation and Disposition
15.1 Council mayfrom 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 specified 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 such Standing
Committees as Council may designate.
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 the
appropriate Standing Committee Terms of Reference for approval consideration
as soon as is practicable.
Section 17 - Membership
17A The Mayor (or Deputy Mayor when acting in the place and stead of the Mayor)
shall be ex -off icio a Member of all Ad Hoc Committees as may be established
from 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.
(16)
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.
17.3 Council Members who are not Committee Members shall be entitled to attend
all Ad Hoc Committee meetings and shall be entitled to speak atthe invitation of
the Chair, but shall not be entitled to vote.
Section 18 - Chair
18.1 The Chair shall be appointed 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 appoint one of their members as Chair for the purposes of that
meeting.
18.3 The Chair shall, in consultation with such staff support persons as may be
assigned, provide leadership and direction tothe Committee and shall directthe
Secretary to prepare an Agenda and shall determine the 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/Chair's Report
19.1 A quorum for Ad Hoc Committees shall require the attendance of a majority of
the Council Members who may have been appointed. When only two Council
Members are appointed, one Member is required for a quorum. In all
circumstances, not less than a majority of the Committee's members are
required to form a quorum. Where no quorum is formed, the members present
may elect to hold a meeting and prepare a Chair's Record or Report of the
proceedings and recommendations arising from that meeting.
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 provide, under the signature of the Chair if so directed by
the Chair, a formal Record of the Committee's meetings to the Clerk for
inclusion on the appropriate Standing Committee Agenda for the information of
the appropriate Standing Committee. Alternately, the Secretary shall prepare
an informal Record of the Committee's meetings to form part of the files
retained by the Municipal Corporation.
20.6 Where the Committee's meetings generate recommendations to be considered
by a Standing Committee, the Secretary shall provide a Committee Report
under the signature of the Chair to the Clerk to be placed on the Agenda for the
appropriate Standing Committee.
(17)
20.7 The duties of Ad Hoc Committee Secretary shall not include circulation of
correspondence arising from adoption of Ad Hoc Committee recommendations
by Standing Committees or by Council, since that function will be provided by
the Clerk.
20.8 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.
Section 21 - Open Meetings & Notice of Meetings
21.1 Meetings of Ad Hoc Committees shall be called at the discretion of the Chair in
a location within the Town of Aurora to be determined by the Chair.
21.2 The Chair shall endeavour to provide as much advance notification of an
upcoming meeting as is practicable to the Secretary.
21.3 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.
21.4 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.
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 in camera meetings in this By-law. Materials supplied for
in camera 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 (including the
manner of attire) shall be informal.
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 informally 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.
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 2 herein.
Section 23 - Reportin
23.1 Each Ad Hoc Committee shall only report to the Standing Committee set forth in
its Terms of Reference except in unusual circumstances where expediency may
require such a Committee to report directly to Council.
23.2 An Ad Hoc Committee may, at the discretion of its Chair, provide its Standing
Committee with a Record of its proceedings for the information of its Standing
Committee.
23.3 An Ad Hoc Committee may, at the discretion of its Chair, provide its Standing
Committee with a Report where it has recommendations it wishes to be adopted
by its Standing Committee.
(18)
23.4 No discussion or recommendation of an Ad Hoc Committee shall constitute an
act of Council unless such recommendation is adopted by Council. Except in
unusual circumstances, such adoption shall occur when the Ad Hoc
Committee's recommendations are adopted by its Standing Committee and the
Standing Committee's recommendations are adopted by Council.
PART IV- ADVISORY COMMITTEES
Section 24 - Creation and Disposition
24.1 Council may from time to time by resolution establish such Advisory Committees
as it deems appropriate to provide recommendations to such Department
Heads as it may designate on a specific initiative or matter.
24.2 Advisory Committees 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.
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 advice and guidance to such departments of the Municipal Corporation
as Council may designate.
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, prepare and submit to the
Chair the Terms of Reference for inclusion in a Report to the appropriate
Standing Committee for approval consideration 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 and shall be entitled to speak at the invitation
of the Chair, but shall not be entitled to vote.
Section 27 - Chair
27.1 The Chair shall be a Member of Council unless so provided in the Terms of
Reference, 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 appoint one of their
members as Acting Chair for the purposes of that meeting.
27.3 The Chair shall, in consultation with such staff support persons as may be
assigned, provide leadership and direction to the Committee and shall directthe
Secretary to prepare an Agenda and shall determine the 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/Chair's Report
28.1 A quorum for Advisory Committees shall require the attendance of the Chair.
Notwithstanding the presence of the Chair, a quorum shall require a majority of
the Committee Members who have been appointed. Where no quorum is
formed, the members present may elect to hold a meeting and prepare a
Chair's Record of the proceedings of that meeting.
(19)
Section 29 - Administrative Support
29.1 The duties of the Secretary to each Advisory Committee shall be carried out by
staff as appointed by the Chair.
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 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.
29.4 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 afterthe Committee meeting by placing a copy of such
materials in the internal mail system of the Municipal Corporation.
29.5 The Secretary shall prepare an informal Report of all Committee meetings to
form part of the files retained by the Municipal Corporation and may, at the
direction of the Chair, prepare a formal Record of the Committee's meetings to
be included as an attachment to a Report on a related issue from the Chair's
Department to the appropriate Standing Committee.
Section 30 - Open Meetings & Notice of Meetings
30.1 Meetings of Advisory Committees shall be called at the discretion of the Chair in
a location to be determined by the Chair.
30.2 The Chair shall endeavour to provide as much advance notification of an
upcoming meeting as is practicable to the Secretary.
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 in camera meetings in this By-law. Materials supplied for
in camera 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
31.1 It is intended that the conduct of all Advisory Committee Meetings (including the
manner of attire) shall be informal.
31.2 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.
31.3 Debate on any matter shall proceed informally 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.
(20)
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 authority to determine the conduct of members in
accordance with Section 2 herein.
Section 32 - Advisory Function
32.1 Each Advisory Committee shall only provide advice and guidance to its Chairto
assist him or her in the creation of Reports from the Chair's Department for
consideration by the appropriate Standing Committee.
32.2 No discussion or recommendation of an Advisory Committee shall constitute an
act of Council unless such recommendation is incorporated in a departmental
Report that subsequently proceeds for 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 Local 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 - Chair
36.1 The Chairof 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 appointed as Chair, the Local Board Members
shall appoint one of their members as Chair.
36.3 The Chair shall, in consultation with such staff support persons as may be
assigned, provide leadership and direction to the Local Board and shall direct
the Secretary to prepare an Agenda and shall determine the 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/Chair's Report
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.
(21)
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 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 Board'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, subject to applicable provincial legislation.
38.4 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.
38.5 The Secretary shall prepare a formal Record of the Local Boards meetings to be
provided for the information of Council 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.
38.6 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 Agenda for Council's consideration.
Section 39 -Open Meetings & Notice of Meetings
39.1 Meetings of Local Boards shall be called at the discretion of the Chair, subject
to application provincial legislation.
39.2 The Chair shall endeavour to provide as much advance notification of an
upcoming meeting as is practicable to the Secretary.
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 in camera
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 (including the manner
of attire) shall be informal, but that the meeting shall incorporate all statutory
requirements in relation to that Local Board.
(22)
40.2 The order of business shall include disclosures of interest.
40.3 Debate on any matter may proceed informally 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.
40.4 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 to 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 adopted by Council.
Repeal
By-laws 3737-96.C, 3769-96.C, 3833-97.C, 3892-97.C, 3906-98.C, 3925-98.C, 3972-
98.C, and 4136-99.0 are hereby repealed.
READ A FIRST, SECOND AND THIRD TIME THIS 8' DAY OF MAY, 2001.
T. JONES, MAYOR B. PANIZZA, TOWN CLERK
(23)
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4303-01.0
BEING A BY-LAW to
amend By-law 4260-01.C,
a by-law to govern the
procedures of the
Council of the Town of
Aurora and its
Committees and Boards.
WHEREAS the Council of the Corporation of the Town of Aurora deems it necessary
and expedient to amend By-law 4280-01.C;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 21.1:
"Meetings of Ad Hoc Committees shall be called at the discretion of the Chair in a
location within the Town of Aurora to be determined by the Chair."
And substituting the following thereto:
"Meetings of Ad Hoc 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 bythe Committee at the beginning of the year/term, unless it is
in the public interestto temporarily convene a meeting at another location within
the Town of Aurora."
THAT By-law 4280-01,C is hereby amended by deleting the following from
Section 21.2:
"The Chair shall endeavour to provide as much advance notification of an
upcoming meeting as is practicable to the Secretary."
And substituting the following thereto:
"Any meeting of an Ad Hoc Committee maybe cancelled or scheduled subject to
the approval of the majority of members 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."
By-law No. 4303-01.0 Page 2
3. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 30.1:
"Meetings of Advisory Committees shall be called at the discretion of the Chair in
a location to be determined by the Chair."
And substituting the following thereto:
"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 bythe 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."
4. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 30.2:
"The Chair shall endeavour to provide as much advance notification of an
upcoming meeting as is practicable to the Secretary."
And substituting the following thereto:
"Any meeting of an Advisory Committee may be cancelled or scheduled subject
to the approval of the majority of members 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."
5. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 39.1:
"Meetings of Local Boards shall be called at the discretion of the Chair, subject to
application by provincial legislation."
And substituting the following thereto:
"Meetings of Local Boards appointed by Council shall beheld atthe Aurora Town
Hall or other disability accessible Town owned facility at a time and date
established bythe 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."
6. THAT By-law 4280-01.0 is hereby amended by deleting the following from
Section 39.2:
"The Chair shall endeavour to provide as much advance notification of an
upcoming meeting as is practicable to the Secretary."
And substituting the following thereto:
"Any meeting of a Local Board may be cancelled or scheduled subject to the
approval of the majority of members 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."
r
By-law No. 4303-01.0
Page 3
THAT By-law 4280-01.0 is hereby amended by the addition of the following as
PART VI Section 42.1:
FINANCIAL/BUDGET ALLOCATIONS
"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."
READ A FIRST, SECOND AND THIRD TIME THIS 11' DAY OF SEPTEMBER,2VI.
B. P-ANIzzA, TOWN CLERK
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4384-02.0
BEING A BY-LAW to
amend By-law 4280-01.C,
a by-law to govern the
procedures of the
Council of the Town of
Aurora and its
Committees and Boards.
WHEREAS the Council of the Corporation of the Town of Aurora deems it necessary
and expedient to amend By-law 4280-01.C;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
THAT By-law 4280-01.0 is hereby amended by adding the following as
Section 1.15:
"Record" shall mean written, audio, video or any combination thereof for the
purpose of compiling minutes of a public meeting.
2. THAT By-law 4280-01.0 is hereby amended by adding the following as
Part VI Section 43.1:
"Audio recording of proceedings shall occur at all public meetings of Council,
General Committee, Public Planning and any other Committees deemed by
Council resolution".
3. THAT By-law 4280-01.0 Is hereby amended by repealing the following from
Section 32:
32.1 "Each Advisory Committee shall only provide advice and guidance to
it's Chair to assist him or her in the creation of Reports from the
Chair's Department for consideration by the appropriate Standing
Committee".
32.2 "No discussion or recommendation of an Advisory Committee shall
constitute an act of Council unless such recommendation is
incorporated in a departmental Report that subsequently proceeds for
adoption by Council".
And substituting the following thereto:
32.1 "No discussion or recommendation of an Advisory Committee shall
constitute an act of Council unless such recommendation is adopted by
Council".
By-law No. 4384-02.0 Page 2
4. THAT By-law 4280-01.0 is hereby amended by repealing the following from
Section 23:
23.1 "Each Ad Hoc Committee shall only report to the Standing Committee
set forth in its Terms of Reference except in unusual circumstances
where expediency may require such a committee to report directly to
Council".
23.2 "An Ad Hoc Committee may, at the discretion of its Chair, provide its
Standing Committee with a Record of its proceedings for the
information of its Standing Committee'.
23.3 "An Ad Hoc Committee may, at the discretion of its Chair, provide its
Standing Committee with a Report where it has recommendations it
wishes to be adopted by its Standing Committee".
23.4 "No discussion or recommendation of an Ad Hoc Committee shall
constitute an act of Council unless such recommendation is adopted by
Council. Except in unusual circumstances , such adoption shall occur
when the Ad Hoc Committee's recommendations are adopted by its
Standing Committee and the Standing Committee's recommendations
are adopted by Council".
And substituting the following thereto:
23.1 "No discussion or recommendation of an Ad Hoc Committee shall constitute
an act of Council unless such recommendation is adopted by Council".
READ A FIRST, SECOND AND THIRD TIME THIS 12' DAY OF NOVEMBER, 2002.
i
T. JO OR B. IZZA, TOWN CLERK
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4396-02.0
BEING A BY-LAW to
amend By-law 4280-01.C,
a by-law to govern the
procedures of the
Council of the Town of
Aurora and its
Committees and Boards.
WHEREAS the Council of the Corporation of the Town of Aurora deems it necessary
and expedient to amend By-law 4280-01.C; _
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
►2
THAT By-law 4280r01.0 is hereby amended by repealing the following from
Section 19.1:
19.1 "A quorum for Ad Hoc Committees shall require the attendance of a
majority of Council Members who may have been appointed. When only
two Council Members are appointed, one Member is required for a
quorum. In all circumstances, not less than a majority of the Committee's
members are required to form a quorum. Where no quorum is formed,
the members present may elect to hold a meeting and prepare a Chair's
Record or Report of the proceedings and recommendations arising from
that meeting".
And substituting the following thereto:
19.1 "A quorum for Ad Hoc Committees shall require the attendance of a
majority of the members who have been appointed ".
THAT By-law 4280-01.0 is hereby amended by repealing the following from
Section 28.1:
28.1 "A quorum for Advisory Committees shall require the attendance of the
Chair. Notwithstanding the presence of the Chair, a quorum shall require
a majority of the Committee Members who have been appointed. Where
no quorum is formed, the members present may elect to hold a meeting
and prepare a Chair's Record of the proceedings of the meeting".
And substituting the following thereto:
28.1 "A quorum for Advisory Committees shall require the attendance of a
majority of the members who have been appointed ".
By-law No. 4396.02.0 Page 2
r
3. THAT By-law 4280-01.0 is hereby amended by repealing the following from
Section 2.8 (a):
2.8 (a) "a proposed or pending acquisition of land for municipal or local board
purposes."
And substituting the following thereto:
2.8 (a) "a proposed or pending acquisition or disposition of land for municipal or
local board purposes'.
4. THAT By-law 4280-01.0 is hereby amended by adding the following to Section
18.1:
18.1 "and Vice Chair" following the word Chair.
5. THAT By-law 4280-01.0 is hereby amended by adding the following to Section
27.1:
27.1 "Committee Members shall also appoint a Vice Chair from one of their
members."
6. THAT By-law 4280-01.0 is hereby amended by adding the following to Section
36.2:
36.2 "as well as a Vice Chair."
7. THAT By-law 4280-01.0 is hereby amended by repealing the following from
Section 10.1:
10.1 "Where no quorum is formed the members present may elect to hold a
meeting and prepare a Chair's Report of the proceedings and
recommendations arising from that meeting."
READ A FIRST, SECOND AND THIRD TIME THIS 17fh DAY OF DECEMSER , 2002
B. PANIZZA, TOWN CLERK
THE CORPORATION OF THE TOWN OF
NEW TECUMSETH
BY-LAW
2004-027
"PROCEDURE BY-LAW"
A by-law to govern the proceedings of Council
and its Committees
WHEREAS pursuant to Section 238 of the Municipal Act, 2001, S.O 2001, c.25
every council and local board shall adopt a procedure by-law to govern the calling,
place and proceedings of meetings;
NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth
enacts as follows:
1. DEFINITIONS
a) "CAO" means the Chief Administrative Officer for the Town of New
Tecumseth.
b) "Chair" means the Member of Council appointed as Chair of the
Committee of the Whole or of a Committee by its members or in the
case of a Council Meeting means the Mayor or Acting Mayor or in the
absence of both of them, a Member appointed by Council.
c) "Clerk" means the Clerk of the Town of New Tecumseth or in his/her
absence the Deputy Clerk or such other person as the Clerk has, in
writing, delegated such powers.
d) "Committee/Board" means all Council appointed Committees and
Boards with the exception of the New Tecumseth Public Library Board
and the Nottawasaga Police Services Board.
e) "Committee of the Whole" means a Committee consisting of all
Members of Council.
f) "Committee of the Whole (Public Meeting)" means a Committee of
the Whole meeting for those matters for which Council is required to
hold a public meeting or public hearing.
BY-LAW 2004-027 Page 2
g) "Committee of the Whole (Working Session)" means a Committee of
the Whole meeting for those matters that require lengthy or extensive
discussion.
h) "Council' means the Council of the Town of New Tecumseth.
i) "Defer, Deferred or Deferral' when used in conjunction with a matter
before the Council or a Committee, means that the said matter is to be
dealt with at the next meeting of the same body, or at the meeting of the
same body which is specified in the motion to defer.
j) "Head of Council' means the Mayor.
k) ""In -camera" or Closed Meetings" means a meeting of Council or
Committee of the Whole or other Committee that is closed to the public.
1) "Meeting" means any regular, special, Committee of the Whole or other
meeting of Council, its committees or sub -committees.
m) "Member" means a Member of Council or a Member of a Committee.
n) "Public Meeting" means a meeting held for the purposes of providing
information to the public and obtaining public comments.
o) "Public Notice" means notice given pursuant to the Public Notice
Policy By -Law.
p) "Quorum" means a majority of Members of Council or Members of a
Committee.
cl) "Refer, Referred and Referral" when used in conjunction with a matter
before Council or a Committee means the matter is referred to the body
or person named in the motion to refer, for further consideration and, if
so specified, a report back to Council or Committee.
r) "Staff" means officers and employees of the Town.
s) "Town" means the Town of New Tecumseth.
t) "Working Session" means a Working Session of the Committee of the
Whole.
BY-LAW 2004-027
2. RULES AND REGULATIONS
Page 3
2.1 The rules and regulations contained in this by-law shall be observed in all
proceedings of the Council and shall be the rules and regulations for the order
and dispatch of business in Council, its committees and sub -committees, and
its local boards, except for the New Tecumseth Public Library Board and
Nottawasaga Police Services Board, with the changes necessary to give effect
thereto.
2.2 The rules and regulations contained herein may be suspended by a two-thirds
vote of the Members of Council, Committee or Board present at the meeting,
provided that such rule or regulation is not prescribed by statute.
2.3 If a matter has been previously considered, it shall not be reconsidered by such
body within the next four of its regular meetings after the meeting at which it
was originally considered, without the consent of at least two-thirds of the
Members present.
3. MEETINGS
3.1 Inaugural Meeting
The Inaugural Meeting of Council shall be held the first Monday in December
following an election at 7:00 p.m. in the Council Chambers or at such time as
may be fixed by resolution.
3.2 Regular Council Meetings
a) Meetings of the Council shall be held at the Council Chambers in the
Municipal Administration Centre or any other location designated by the
Council from time to time for such purposes and may be held in an
adjacent municipality.
b) Unless otherwise provided by resolution of Council, meetings of Council
shall be held at 7:00 p.m. (local time) on the second and fourth Monday
of each month.
c) When the day for a regular meeting of Council is a public or civic
holiday, the meeting shall be held the following Tuesday.
d) Notwithstanding paragraph 3.2 b), Council shall meet during the months
of July and August on the fourth Mondays and during the month of
December on the second Monday.
BY-LAW 2004-027
3.3 Special Council Meetings
Page 4
The Mayor, may at any time, summon a special meeting of Council on 48 hours
written notice to the Members, or upon receipt of the petition of the majority of
the Members, the Clerk shall summon a special meeting on 48 hours written
notice to the Members for the purpose and at the time mentioned in the
petition. The only business to be dealt with at a special meeting is that which is
listed in the notice of the meeting. Special meetings may be open or closed as
provided for in the Municipal Act.
3.4 Length of Meetings
A Council or Committee meeting shall not carry on past 11:00 o'clock p.m. and
shall at that time, by operation of this rule, without requiring a motion or
resolution, be adjourned unless a majority of the Members present at the
meeting vote to continue the meeting until its conclusion.
3.5 Regular Committee of the Whole Meetings
a) Meetings of the Committee of the Whole shall be held at 7:00 p.m. (local
time) on the first and third Mondays of each month,
b) Notwithstanding Paragraph 3.5(a), Committee of the Whole shall meet
during the months of July and August on the third Mondays and during
the month of December on the first Monday.
c) Meetings of the Committee of the Whole (Public Meeting) shall be held,
as required, at 7:00 p.m. on the second Wednesday of each month.
d) Meetings of the Committee of the Whole (Working Session) shall be held
at the call of the Mayor.
3.6 Additional Committee of the Whole Meetings
a) In addition to its regular meeting a meeting of the Committee of the
Whole shall be constituted whenever a majority of members of council
present decide that Council shall convene into Committee of the Whole
to consider a matter(s) during a regular or special meeting of Council.
b) The Mayor or CAO, may at any time, summon a special meeting of the
Committee of the Whole on 48 hours notice to the Members.
c) When so requested in writing by a majority of the Members, the Mayor
or Clerk shall summon a special meeting of the Committee of the Whole
on 48 hours notice to the Members.
BY-LAW 2004-027 Page 5
4. QUORUM
4.1 As soon after the hour fixed for the holding of a meeting at which a quorum is
present, the Chair shall call the meeting to order.
4.2 A majority of the Members are required to be present to constitute a quorum.
4.3 If no quorum is present one-half ('/2) hour after the time appointed for a meeting
of the Council or Committee of the Whole, the Clerk shall record the names of
the Members present and the meeting shall stand adjourned until the date of
the next regular meeting.
4.4 If no quorum is present one-half ('/2) hour after the time appointed for a meeting
of a Committee, the names of the Members present shall be recorded and the
meeting shall stand adjourned until the date of the next regular meeting.
5. CHAIR
5.1 The Chair of a meeting of Council shall be the Mayor. In the absence of the
Mayor, the Deputy Mayor shall be the Chair of the meeting. In the absence of
the Mayor and Deputy Mayor the Council shall appoint another of its members
to act as Chair of the meeting.
5.2 In the event that the Mayor does not arrive within fifteen (15) minutes after the
time appointed for the meeting, the Deputy Mayor shall preside until the arrival
of the Mayor and in the absence of both of them, a Member appointed by
Council shall preside until the arrival of either the Mayor or Deputy Mayor.
5.3 The Chair of Committee of the Whole meetings, including special meetings and
Public Meetings shall be rotated among the Members, with the exception of the
Mayor, on a calendar monthly basis according to the alphabetical order of the
surnames of the Members. The Chair shall maintain order in all Committee of
the Whole meetings.
5.4 The Chair of Committee of the Whole (Working Session) meetings shall be the
Mayor.
5.5 If the Committee Chair is not present for a period of fifteen (15) minutes after
the time scheduled for the meeting to commence, the Chair for that meeting
shall be the Mayor, or in his/her absence, the Deputy Mayor, and in the
absence of both of them, the Members shall elect a Chair of the meeting.
BY-LAW 2004-027
6. AGENDA
6.1 Preparation of Council Agenda
Page 6
a) Prior to each regular meeting, the Clerk, or his/her designate, under the
supervision of the CAO, shall prepare an agenda of all the business to
be brought before such meeting. No matter shall be placed on the
agenda of a regular Council Meeting unless it has been already
considered by Council at a Public Meeting, or by Committee of the
Whole, unless authorized by the Mayor or CAO. The agenda shall be
distributed to Members of Council on the Thursday prior to the meeting.
b) Addendum items
i) An item which is not on the agenda of a Council meeting as
printed shall require a unanimous vote of the Members present to
be added to the agenda.
ii) Notwithstanding the above, any additional information pertaining
to an item listed on the Council agenda shall be considered with
the item.
c) Order of Business
i) Council shall deal with matters in the following order:
1. Presentations
2. Confirmation of the Agenda
3. Disclosure of Interest
4. Adoption of Minutes
5. Deputations requiring Statutory or Public Hearing
6. Determination of Items Requiring Separate Discussion
7. Adoption of Items Not Requiring Separate Discussion
8. Consideration of Items Requiring Separate Discussion-
9. By-laws / Formal Resolutions
10. Public Notices
11. Confirming By-law
12. Motion to Adjourn
BY-LAW 2004-027
Page 7
ii) Items on a Council Agenda shall be listed in the following order:
Committee of the Whole Report
2. Committee of the Whole (Closed Session) Report
3. Committee of the Whole (Public Meeting) Report
4. Committee of the Whole (Working Session) Report
iii) A change in the order of items listed on the agenda may be
permitted by the Chair.
d) Every By -Law presented to Council shall have three readings. Unless
required to the contrary, to comply with the provisions of any Act or
Statutory procedure, all By -Laws shall be given first, second and third
reading at one meeting, in a single motion.
e) The Clerk is hereby authorized to make such minor deletions, additions
or other changes in form to any by-law before same is signed and
sealed, for the purpose of ensuring correct and complete implementation
of the actions of Council forming the subject matter of the by-law and
Members of Council shall be advised by the Clerk of such changes.
f) Items on the agenda not referred, deferred or otherwise disposed of by
Council shall not reappear on an agenda unless by direction of the
Council.
6.2 Preparation of Committee of the Whole Agenda
a) The Thursday prior to each regular meeting of the Committee of the
Whole, the Clerk or his/her designate, under the supervision of the CAD,
shall prepare an agenda of all business to be brought before the
Committee.
b) The Monday prior to a Committee of the Whole (Public Meeting), the
Clerk or his/her designate, under the supervision of the CAD, shall
prepare an agenda of all business to be brought before the Committee.
c) Forty-eight (48) hours before a Committee of the Whole (Working
Session), the Clerk or his/her designate, under the supervision of the
CAD, shall prepare an agenda of all business to be brought before the
Committee.
d) Addendum Items being items not on the printed agenda as printed shall
require a majority vote of the members present to be added to the
agenda.
BY-LAW 2004-027 Page 8
e) Notwithstanding the above clause d), any additional information
pertaining to an item listed on the agenda shall be considered with the
item.
f) Member's Request
If requested by any member before 4:30 p.m. on the Wednesday before
a regular Committee of the Whole Meeting, the Clerk shall place any
matter on the Committee of the Whole agenda.
g) Order of Business — Committee of the Whole
The order of business for Committee of the Whole shall be as follows:
1. Presentations
2. Confirmation of the Agenda
3. Disclosure of Interest
4. Determination of Items Requiring Separate Discussion
5. Adoption of Items Not Requiring Separate Discussion
6. Deputations
7. Consideration of Items Requiring Separate Discussion
8. New Business
9. Motion to Adjourn
h) Items shall be listed on the agenda in the following order:
1. Reports from the Mayor and Members of Council
2. Staff Reports
3. Advisory Committee and Board Minutes
i) A separate confidential Committee of the Whole (Closed Session)
Agenda will be prepared as required.
j) Order of Business — Committee of the Whole (Public Meeting)
The order of procedure for Committee of the Whole (Public Meeting)
shall be:
BY-LAW 2004-027
Disclosure of Interest
2. Consideration of Public Meeting Items
Adjournment
k) Order of Business — Committee of the Whole (Working Sessions)
Page 9
The order of procedure for Committee of the Whole (Working Sessions)
shall be:
Confirmation of the Agenda
2. Disclosure of Interest
Items for Discussion
4. New Business
5. Adjournment
7. DEPUTATIONS
7.1 Deputations are not permitted to address Council at a Council Meeting except
in respect of a matter that requires a statutory hearing or upon a unanimous
vote of members present.
7.2 Deputations may address Committee of the Whole, Committee of the Whole
(Public Meeting) or Committee of the Whole (Working Session) on any item
listed on the agenda without any prior notice.
7.3 Deputations may address Committee of the Whole on an item not listed on the
agenda, by requesting, in writing, by 4:30 p.m. (local time) on the Wednesday
prior to the meeting, that the Clerk place their name in deputation on the
agenda for the particular meeting and such request shall state the nature of the
matter to be presented by the spokesperson.
7.4 Deputations other than in respect of statutory hearings shall be limited in
speaking to not more than seven (7) minutes and to avoid repetition, any
deputation on behalf of an organization, including any corporation, association
or on behalf of any group, shall be made by a single representative.
7.5 Any deputation that has addressed Committee of the Whole on an item shall
require a two-thirds vote of the Members present at the meeting to make a
subsequent deputation on the same item for a period of one (1) year.
BY-LAW 2004-027 Page 10
8. MINUTES
8.1 The minutes of a meeting shall record, without note or comment:
a) the place, date and time;
b) the record of attendance or absence of the Members;
c) the reading, if requested, correction and adoption of the minutes of prior
meetings;
d) all the other proceedings of the meeting;
e) Minutes of each Council Meeting shall be presented to the subsequent
Council Meeting for approval and/or correction.
8.2 The Committee of the Whole, Committee of the Whole (Closed Session),
Committee of the Whole (Public Meeting) and Committee of the Whole
(Working Session) shall report to Council on all matters connected with their
duties or referred to them by the Council and shall recommend such action as
they deem necessary or appropriate.
8.3 The record of the proceedings of the Committee of the Whole shall be in the
form of a report to Council and shall contain:
a) beginning and end time of meeting
b) Members present
c) Declarations of interest by any members
d) A record of each item before the Committee for consideration
e) Recommendations to Council on each item before the Committee for
consideration and where no recommendation has been reached the item
will be forwarded to Council without a recommendation.
f) Names of all Deputations appearing before Committee
8.4 The Clerk or his/her designate shall be the Secretary of Committee of the
Whole.
BY-LAW 2004-027
9. DUTIES OF CHAIR
9.1 It shall be the duty of the Chair:
Page 11
a) to open the meeting by taking the Chair and calling the Members to
order;
b) to announce the business in the order in which it is to be acted upon;
c) to receive and submit, in the proper manner, all motions presented by
the Members;
d) to put to vote all questions which are regularly moved and seconded or
necessarily arise in the course of the proceedings and to announce the
result;
e) to decline to put to a vote motions which infringe upon the rules of
procedure;
f) to restrain the Members when engaged in debate within the rules of
order;
g) to designate the order in which Members are recognized to speak when
two or more Members wish to be recognized at the same time;
h) to enforce, on all occasions, the observance of order and decorum
among the Members;
i) to do all matters to permit the meetings to proceed in an orderly and
efficient manner;
j) to authenticate by his/her signature, when necessary, all by-laws,
resolutions and minutes;
k) to adjourn the meeting when the business is concluded;
1) to adjourn the meeting without question, or put or suspend the meeting
for a time to be named by him/her, if he/she considers it necessary,
because of grave disorder.
10. CONDUCT OF MEMBERS
10.1 Any Code of Conduct adopted by Council shall apply during a meeting held
pursuant to this by-law.
BY-LAW 2004-027
10.2 No Member shall:
Page 12
a) speak disrespectfully of the reigning Sovereign, or any of the Royal
Family, of the Governor-General, or of the Lieutenant Governor of any
Province;
b) use offensive words or unparliamentary language in or against the
Council or against any Member;
c) speak on any subject other than the subject in debate;
d) criticize any decision of the Council except for the purpose of moving in
accordance with the provisions of Subsection 2.3 that a resolution be
reconsidered;
e) disobey the rules of the Council, or a decision of the Chair, or of the
Council on a question of order or practice or upon the interpretation of
the rules of the Council.
10.3 If a Member persists in any such disobedience after having been called to
order by the Chair, the Chair may forthwith put the question, with no
amendment, adjournment or debate being allowed, "that such Member be
ordered to leave his/her seat for the duration of the meeting of the Council", but
if the Member apologizes, he/she may by majority vote, be permitted to retake
his/her seat.
10.4 If a member arrives late at a meeting, any prior discussion shall not be
reviewed without the unanimous consent of all members present.
11. MOTIONS
11.1 Every motion, shall be read aloud, and when duly moved and seconded, shall
be open to discussion. A motion or amendment thereto, may not be withdrawn
without the consent of the mover and seconder. The Chair may not move or
second any motion, but may vote on a motion.
11.2 The Chair may appoint a Member to preside in his/her place and vacate the
chair in order to move or second a motion. The Chair shall resume the chair
following the vote on the matter.
11.3 Where a matter has been tabled it may not be discussed until the Clerk or a
Member through a Member's Request, brings the matter forward to a
subsequent meeting.
BY-LAW 2004-027
11.4 Voting on Motions and By -Laws
Page 13
a) Every Member present at a meeting when a question is put shall vote
thereon unless prohibited by statute, in which case it shall be so
recorded.
b) Each Member present and voting shall announce or indicate his/her vote
upon the motion or by-law openly and individually and no vote shall be
taken by ballot, or any other method of secret voting.
c) If there is an equality of votes on any question, the vote shall be deemed
to be lost.
d) If any Member at a meeting when a question is put does not vote,
he/she shall be deemed as voting in the negative except where
prohibited from voting by statute.
e) When a recorded vote is requested by a Member, or is otherwise
required, the Clerk shall call the vote and record the name and vote of
every Member on any question.
f) A request by a Member for a recorded vote shall be made immediately
prior to the commencement of the vote being taken.
g) There shall be no recorded vote at any Committee of the Whole
Meeting.
h) When the Chair calls for a vote on a question, each Member shall
occupy his/her seat and shall remain in his/her seat until the result of the
vote has been declared by the Chair.
i) After a question is put by the Chair, no Member shall speak to the
question nor shall any other motion be made until after the vote is taken
and the result has been declared.
j) Upon the request by any Member, and when the Chair is satisfied that a
question under consideration contains distinct proposals, the vote upon
each proposal shall be taken separately.
k) When a vote is taken the order of the vote shall, unless otherwise
decided by the Council, be as follows:
i) upon any motion to defer, including a motion to refer the question;
ii) upon the amendments in the reverse order of presentation,
dealing with an amendment to an amendment immediately before
the amendment it proposes to amend; and
BY-LAW 2004-027 Page 14
iii) then, upon the motion to adopt or upon the motion to adopt as
amended, if any amendments have been carried out.
1) Notwithstanding Paragraph 11.4(k) above, a motion to defer a matter
that has been previously deferred shall require a unanimous vote of
Council.
m) One or more report items and/or by-laws on a meeting agenda may be
adopted in a single motion.
n) A motion to refer a matter to Staff shall include the reasons for the
referral.
o) The vote on a motion may only be called after each Member who wished
to speak has spoken once.
p) If a Member disagrees with the announcement of the Chair that a
question is carried or lost he/she may, but only immediately after the
declaration by the Chair, object to the Chair's declaration and request
that the vote be retaken.
11.5 In considering unrecorded votes, the manner of determining the decision of the
Council on a motion shall be at the discretion of the Chair and may be by voice,
show of hands, standing or otherwise.
11.6 In considering recorded votes the Clerk shall ask those Members in favour to
stand and then those opposed to stand. The Clerk shall record the names of
those who voted for and of those who voted against the matter in the minutes
and announce the result.
12. RULES OF DEBATE
12.1 Every member, prior to speaking to any question or motion shall first be
recognized by the Chair.
12.2 When a Member is speaking, no other Member shall pass between him/her and
the Chair or interrupt him/her except to raise a point of order or personal
privilege.
12.3 Any Member may require the question or motion under discussion to be read at
any time during the debate but not so as to interrupt a Member while speaking.
12.4 Any Member may speak initially on a motion for a maximum of five (5) minutes
followed by any other Member, including the mover of the motion wishing to
speak a second time for a further five (5) minutes. The mover may reserve the
right to be the last speaker on a motion.
BY-LAW 2004-027
Page 15
12.5 When a Member has been recognized as the next speaker, then immediately
before speaking such Member may ask a question of the Chair on the matter
under discussion but only for the purpose of obtaining information, following
which the Member shall speak to the motion.
13. POINTS OF ORDER AND PRIVILEGE
13.1 A Member may interrupt the person who has the floor to raise a point of order
when such Member feels that there has been a deviation or departure from the
rules of procedure and upon hearing such point of order, the ruling of the Chair
shall be final unless the Member appeals the ruling to Council which shall then
decide upon the question without debate.
13.2 A Member may raise a point of personal privilege at any time where such
Member feels that his/her integrity or the integrity of the Council has been
impugned by another Member and upon hearing such point, the ruling of the
Chair shall be final unless the Member appeals the ruling to Council which shall
then decide upon the question without debate.
13.3 Where the Chair recognizes that a breach of privilege has taken place, the
Chair shall demand that the offending Member apologize, and failing such
apology shall require such Member to vacate the Council Chamber for the
duration of the meeting.
13.4 Any Member may appeal the decision of the Chair to the Council which shall
decide the question "that the decision of the Chair be sustained" without debate
upon a majority vote of the Members present.
14. PROCEEDINGS IN "IN -CAMERA" or CLOSED SESSION
14.1 Council or Committee of the Whole may retire into "in -camera" or Closed
Session at any time during the process of a meeting or a meeting specifically
called for that purpose, if the subject matter being considered is,
a) the security of the property of the municipality or local board;
b) personal matters about an identifiable individual, including municipal or
local board employees;
c) a proposed or pending acquisition or disposal of land by the municipality
or local board;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
BY-LAW 2004-027 Page 16
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.
14.2 The Clerk shall record in the minutes of the meeting the reason for Council
retiring into "in -camera" or Closed Session.
14.3 a) Upon coming out of "in -camera" during a Council Meeting, the Chair
shall verbally report the progress made.
b) Upon coming out of Committee of the Whole (Closed Session),
Committee shall report to Council.
14.4 The rules governing the procedure of the Council and the conduct of Members
in Council shall be observed "in -camera" or Closed Session so far as they are
applicable.
15. SPECIAL COMMITTEES
15.1 Council may, at any time appoint a special committee to enquire into and report
on any matter.
15.2 The names of Members required to serve on special committees shall be
determined by Council.
16. CITING
16.1 This By -Law shall be cited as the "Procedure By -Law".
17. REPEALS
17.1 By -Law 2002-165 is hereby repealed.
BY-LAW 2004-027
18. IN FORCE
Page 17
18.1 This By -Law shall come into force and take effect on the 16th day of February,
2004.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd
DAY OF FEBRUARY, 2004.
CLERK
CORPORATION OF THE TOWN OF NEWMARKET
E N / BY-LAW NUMBER 2004.167
T u.aA
A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL AND COMMITTEE
MEETINGS,
WHEREAS Section 236(2) of the Municipal Act, 2001 provides that every Municipality
shall pass a procedure by-law for governing the calling, place and proceedings of
meetings;
AND WHEREAS the Council of the Town of Newmarket considers it necessary to enact
a by-law in this regard and to repeal Procedure By-law #2000-1 and amendments
thereto namely By-law #2000-171, By-law #2001-39 and By-law #2002-21:
THEREFORE BE IT ENACTED by the Municipal Council of the Corporation of the Town
of Newmarket as follows'
1. Definitions
In this by-law:
a) "CAO" means the Chief Administrative Officer or his/her designate;
b) "Chair" means the Chairperson of the Committee or Council;
c) "Clerk" means the Town Clerk or hislher designate;
d) "Committee" means Committee of the Whole. Committee of the Whole
(In Camera) Session, all Council appointed Committees, Boards and
Task Forces with the exception of the Newmarket Public Library Board,
Property Standards Committee and Committee of Adjustment;
e) "Committee of the Whole" is a committee comprised of all Members of
Council;
f) "Council" means the Council of the Town of Newmarket;
g) "Mayor" means the Mayor or Acting Mayor or in the absence of them
both, the Member appointed under section 53 b);
h) "Member" means a Member of the Council or Committee;
a) "Notice" means a notice in writing unless otherwise stated;
j) "To adjourn" means to end the meeting;
k) "To defer" means to postpone all discussion on the matter until a future
date or time which is established as part of the motion;
I) "To recess" means to recess the meeting for a specified length of time;
m) "To refer" means to direct a matter under discussion by Council or
Committee to staff or another Committee for further examination or
review•,
n) "To table" means to postpone a matter without setting a definite date as
to when the matter will be rediscussed;
o) "Town" means the Corporation of the Town of Newmarket; and
p) "Workshop" means an informal gathering of Members of Council.
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2. Application
The rules and regulations contained in this Procedure By-law shall be the rules
and regulations for the order and dispatch of business in Council and Committee
meetings provided that the rules and regulations contained herein may be
suspended by a two-thirds majority vote of the Members present at the meeting.
Council and Committee are prohibited from suspending any statutory
requirement with respect to their proceedings,
3, Location and Schedule of.Meetings
a) Meetings of Council and Committee of the Whole shall take place at the
Town of Newmarket Municipal Office. Notwithstanding this, Council and
Committee of the Whole meetings may from time to time, take piece at
another meeting location provided that such location is within the
municipality and public notice is given. Meetings of the Joint Council
Committee (Central York Fire Services) shall be held on a rotating basis,
at the Town of Aurora Municipal Office and the Town of Newmarket
Municipal Office. Meetings of other Committees shall take place in the
municipality.
b) The inaugural meeting of a newly elected Council after a regular election
shall be held on the first Monday in December,
o) Council shall by motion approve a schedule of Council and Committee of
the Whole meetings for each calendar year.
d) Council, meetings shall be regularly held on the second and fourth
Mondays of each month at 7:00 pm with subject amendments to
accommodate statutory holidays, special events or summer and
Christmas recesses.
8)- Committee of the Whole meetings shall be regularly held on the first and
third Monday of each month at 1:30 pm with subject amendments to
accommodate statutory holidays, special events or summer and
Christmas recesses. On the third Monday of the month, a Committee of
the Whole meeting shall be scheduled at 7:00 pm for the purpose of
considering matters that require a public hearing and/or public input, On
the first Monday of the month, an optional Committee of the Whole
meeting shall be scheduled at 7:00 pm for public hearing matters and/or a
matter that requires public input or consultation. Both evening meetings
are subject to amendments to accommodate statutory holidays, special
events or summer and Christmas recesses.
f) The meeting schedule of all other Committees shall be determined by its
Members.
g) Members of Committees shall advise the Recording Secretary at least
two days In advance of a meeting if they are unable to attend. If quorum
cannot be met, the meeting shall be cancelled and all Members advised
by the Recording Secretary.
4. Special Meetings
a) A special meeting of Council or Committee of the Whole may be called by
the Mayor and, time permitting, a notice of the meeting shall be issued by
the Clerk in accordance with the notice provisions of this by-law.
b) Upon the receipt of a petition signed by a majority of the Members of
Council, a Special Meeting of Council or Committee of the Whole shall be
called by the Clerk for the purpose and time mentioned in the petition.
51 Workshops
When deemed necessary, the Mayor and/or CAO may convene a workshop for
Members of Council to discuss issues in an informal venue. All workshops shall
be open to the public, no motlons shall be passed, nor shall any minutes of the
I
oy,nw
Page
meeting be recorded. Notwithstanding which, notes describing in general terms
the subject matter discussed shall be taken.
6. Cancellation of Meetings
A -meeting of Council or Committee of the Whole may be cancelled upon
approval of a motion of Council. Notwithstanding which, the Mayor may cancel a
meeting in an emergency. -
7. Notice of Council and Committee of the Whole Meetings
Notice of a regular meeting of Council or Committee of the Whole shall be given
by the Clerk in the following manner:
a) Notice shall be given to Members of Council in the form of an agenda
delivered to the Members by 4:30 pm on the Thursday preceding the
Council meeting or on the Thursday ten days prior to a Committee of the
Whole meeting.
b) Notice shall be posted on the Town's Web site and given to the public on
the Town's regular advertising page In the local press when the
publication schedule permits.
c) Notice of Emergency or Special Meetings shall be posted on the main
entrance to the Municipal Office.
8. Notice of Meetings of Committees
Notice of meetings of all other Committees shall be given to its Members in the
form of on agenda delivered to the Members prior to the meeting.
9. Emergency Meetings
The Mayor may, at any time, call or provide notice of an emergency meeting.
Time permitting, the Clerk shall give notice of any such meeting in person, by
telephone or in the form of an agenda at least 24 hours prior to the meeting.
10. quorum
a) A quorum of Council or Committee shall comprise a majority of its
Members.
b) If no quorum is present within 15 minutes after the time appointed for the
meeting, the Clerk or Recording Secretary shall record the names of the
Members present and the meeting shall stand adjourned until the date of
its next regular meeting.
11. Open and Closed Meetings
All meetings of Council and Committee shall be open to the public unless the
matters to be discussed relate to one or more of the following:
a) the security of the property of the municipality or local board;
b) personal matters about an identifiable individual including municipal
employees or local board employees;
c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
d) labour relations or employee negotiations;
e) litigation or potential litigation Including matters before administrative
tribunals affecting the municipality or local board;
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f) advice that is subject to sollcilor-client privilege including communications
necessary for that purpose;
g) a matter in respect of a council, board, committee or other body may hold
a closed meeting under another Act;
Before holding a meeting or part of a meeting that is to be closed to the public,
the Council or Committee shall approve a motion stating the following:
i) the fact that the meeting will be closed to the public;
it) the general nature of the matter to be considered at the closed
meeting.
Meetings which are closed to the public may be referred to as Committee of the
Whole (In Camera) sessions.
12. Voting during Closed Meetings
No vote shall be taken at a meeting which is closed to the public unless:
a) the subject matter relates to an Issue as described in Section 11;
b) the vote Is fora procedural matter or for giving directions or instructions to
officers, employees or agents of the municipality or Committee or persons
retained by or under contract with the municipality or Committee.
13. Confidentiality
Members shall ensure that confidential matters disclosed to them during "closed"
meetings are kept confidential
14. Chair of Meeting
a) The Chair of a meeting of Council or Committee of the Whole shall be the "
Mayor. In the absence of the Mayor, the Regional Councillor shall be the
Chair of the meeting. In the absence of both the Mayor and the Regional
Councillor, the Council or Committee of the Whole shall appoint another
of its Members to act as Chair of the meeting.
b) The Chair of all other Committees shall be appointed by its Members. In
the absence of the Chair and a previously appointed Vice Chair, the
-
Committee shall appoint another of Its Members to act as a Chair of the
meeting.
15. Duties of the Chair
It shall be the duty of the Chair:
a) to announce the business before the meeting in the order in which it is to
be acted upon;
b) to receive all messages and communications relative to the meeting and
to announce them to the Members;
c) to put to a. vote all motions which are regularly moved and seconded, or
necessarily arise in the course of proceedings, and to announce the
result;
d) to adhere to the rules of procedure;
e) to decline, to put to a vote motions which infringe upon the rules of
procedure;
f) to restrain the Members, within the rules of the Procedure By-law, when
engaged In debate;
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g) to enforce on all occasions the observance of order and decorum among
the Members;
h) to call by name any Member persisting in a breach of the procedure of the
Council or Committee:
to decide all questions of order at the meeting, subject to an appeal by
any Member to the Council or Committee on any question of order in
respect to business before the Council or Committee;
to authenticate, by his/her signature, when necessary all by-laws,
resolutions, and minutes;
k) to declare the meeting adjourned upon a vote thereon by the Members,
16. Conduct of Members
a) No Member shall:
i) use offensive words or unparliamentary language in or against the
Council or Committee or against any Member•,
II) be disrespectful of any individual;
iii) speak on any subject other than the subject in debate;
Iv) speak for more than five minutes on any matter;
v) criticize any decision of the Council or Committee except for the
Purpose of moving the question to be reconsidered;
vi) interrupt a Member who has the floor, except to raise a point of
order or privilege;
vli) walk across or out of the room or make any noise or disturbance
when the Chair is putting a question and he/she shall occupy
his/her seat while a vote Is being taken and until the result thereof
is declared;
vlll) disobey the rules contained within the Procedure By-law or a
decision of the Chair of the Council or Committee on a question of
order or practice or upon the interpretation of the rules of the
Procedure By-law;.and where a Member persists in any such
disobedience after having been called to order by the Chair, the
Chair shall forthwith, without the requirement for a motion from the
floor, put the motion with no amendment, request for adjournment
or debate being allowed, "That such Member be ordered to leave
his/her seat and vacate the meeting room for the duration of the
meeting", notwithstanding which, if the Member apologizes,
he/she, upon a majority vote in the affirmative, shall be permitted
to retake his/her seat. The decision of the majority of the
Members of the Council or Committee present shall be final.
b) Any Member may require the question or motion under discussion to be
read at any time during Its consideration, but is not permitted to interrupt a
Member while speaking,
c) Any Code of Conduct. or Ethics applicable to Members of Council and
Committees as adopted by Council shall apply during a meeting held
pursuant to this by-law.
17. Conduct of Chair
a) The Chair shall conduct themselves in accordance with Section 16
b) Should the Chair contravene the rules of procedure, or be the subject of a
point of personal privilege or point of order, it shall be brought to the
Chairs attention by a Member. If the conduct persists, a Member shall
put forth a motion "That the Chair be called to order' and upon the motion
being seconded, the Town Clerk or Recording Secretary shall conduct the
vote without further debate except that the Chair may address the
Committee or Council for the purpose of providing an apology or
explanation. The decision of the majority of the Members of the Council
or Committee present shall be final. Where the Chair persists in any such
disobedience after having been called to order by the Council or
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Committee, at Member shall forthwith, without the requirement for a
motion from the floor, request the Clerk or the Recording Secretary to put
forth the motion, "That the Chair be ordered to leave his/her seat and
vacate the meeting room for the duration of the meeting" with no
amendment, request for adjournment or debate being allowed. The
decision of the majority of the Members of the Council or Committee
present shall be final. Should the Chair apologize, he/she may be
permitted to retake his/her seat if a Member, without the requirement for a
motion from the floor, requests the Clerk or the Recording Secretary to
Put forth the motion, "That the Chair be permitted to retake his/her seat"
with no amendment, request for adjournment or debate being allowed.
The decision of the majority of the Members of the Council or Committee
present shall be final.
18. Council and Committee of the Whole Agendas
a) The Clerk shall prepare an agenda for each meeting of Council and
Committee of the Whole. Council agendas will, In most cases, be
available for the public and the media an the Friday Immediately prior to
the meeting. Committee of the Whole agendas will in most cases, be
available to the public and the media on the Friday ten days prior to the
meeting. Agendas for meetings of all other Committees shall be
distributed in accordance with the practices approved by the Committee.
b) The order of the Council agenda shall be as follows:
i) public notice (if any)
it) additions to the agenda
Ili) declarations
IV) presentations
v) deputations
A) approval of minutes
vii) correspondence
vlil) reports by regional representatives
ix) reports of committees and staff
x) resolutions
xi) by-laws
x(ii) notice of motion
All) unfinished business
xiv) new business
xv) confirmatory by-law
c) The order of the Committee of the Whole agenda shall be as follows:
1) additions to the agenda
11) declarations
Ili) determination of items requiring separate discussion
iv) adoption of.1tems not requiring separate discussion
v) presentations
vi) deputations
vii) consideration of items requiring separate discussion
AN) action Items
ix) reports by regional representatives
X) new business
A) public hearing matters
All adjournment
19. Open Forum
Immediately prior to a Council meeting, Council shall conduct an open forum for
a period of 15 minutes, which shall be an opportunity for any interested person in
attendance to make inquiries or to comment on matters of municipal business.
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20. AdditionsfAddendume to the Agenda
Upon a motion supported by two thirds of the Members of Council in attendance
at a meeting, addendum items of business may be added to the agenda for
consideration, There shall be accompanying each addendum item an
explanation of the reasons for the urgency and, where an addendum agenda is
Issued to Council or Committee of the Whole, a briefing, confirmed through and
conducted by the CAO, shall take place as necessary, 15 minutes immediately
prior to a Committee of the Whole meeting and 30 minutes prior to a Council
meeting. Generally, such briefing shall take place in the Council Chambers,
Notwithstanding the above clause, any Item of additional information pertaining to
an item listed on a Council or Committee of the Whole agenda shall be circulated
by the Clerk to Members on the Friday immediately prior to the meeting and shall
be considered with the item.
21. Declarations
Members shall be required to make declarations of pecuniary interests in
accordance with the requirements of the applicable provincial legislation.
22. Presentations
Presentations of awards, certificates or grants to the municipality or by the
municipality shall be received or presented by the Chair. Staff related
presentations to Council or Committee on municipal matters of general interest
shall be listed on the agenda under Presentations. Such presentations are not
subject to the five-minute deputation limit.
23. Deputations
a) Deputations may address Council by requesting in writing, by noon on the
Wednesday Immediately prior to the meeting, that the Clerk place their
name as a deputation on the agenda for the particular meeting and such
request shall state the nature of the matter to be presented by the
spokesperson.
b) Deputations may address Committee of the Whole on any Item listed on
the agenda without prior notice.
c) Deputations may address Committee of the Whole on an Item not listed
on the agenda by requesting in writing, by noon the Wednesday 12 days
prior to the meeting, that the Clerk place their name as a deputation on
the agenda for the particular meeting and such request shall state the
nature of the matter to be presented by the spokesperson.
d) Deputations will be limited to five minutes in length per speaker and to
avoid repetition, any deputation on behalf of an organization, including
any corporation, association or on behalf of any group, shall be made by
a single representative. Notwithstanding this, Council or Committee may
extend the time of the deputation upon a majority vote in the affirmative.
24. Minutes
a) It shall be the duty of the Clerk to record, without note or comment, the
minutes of meetings of Council and Committee of the Whole, The minutes
shall record;
1) the date, time and location of the meeting;
11) the name of the Chair and a record of the attendance at the
meeting; and
111) all resolutions, decisions and other proceedings of the meeting.
b) Minutes of each Council meeting shall be presented to the subsequent
Council meeting for approval.
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c) Minutes of Committee of the Whole:
i) shall be submitted in writing under the signature of the Chair of the
Committee;
ii) shall be submitted to the next regular meeting of Council, time
permitting, for consideration of the recommendations therein;
III) shall he distributed with the agenda for the Council meeting at
which the recommendations contained therein shall be
considered,
d) Minutes of other Committees shall be presented to Committee of the
Whole where Council consideration is required; notwithstanding that
Council may determine from time to time that minutes of certain
Committees shall in all cases be presented for Information and/or
consideration.
25. Correspondence
The following correspondence shall be placed on the agenda for regular
meetings of Council or Committee of the Whole for consideration:
a) correspondence requiring Council approval of any matter;
b) correspondence which an individual Member of Council requests be placed
on the agenda;
c) correspondence forwarded to the Committee of the Whole by the Mayor,
26. Reports by Regional Representatives
During each regular meeting of Council, the representatives of the Town on
Regional Council shall report to Council on the matters of Interest to the
municipality.
27. Reports -
Reports of Staff shall be submitted in writing and distributed with the agenda for
the Council or Committee of the Whole meeting at which they are to be
considered.
28. Resolutions
Any resolution for which notice appears on the Council Agenda shall be
considered at the meeting of Council. Resolutions shall be submitted in writing,
distributed with the agenda for regular meetings of Council and shall be read at
the meeting by the Clerk.
29. Notice of Motion
a) Any Member of Council Intending to introduce a motion at a meeting of
Council shall give notice of their intention at the preceding Council
meeting and in doing so shall state the general purpose of the proposed
resolution to be introduced.
b) A motion which is not on the agenda for the Council meeting and for
which no notice has been given In accordance with this section, must be
submitted In writing to the Clerk and maybe introduced upon consent of a
majority of Members of Council present at the meeting. Upon consent,
the Member shall read the motion so as to make all present at the
meeting aware of its contents,
30. Motions
a) Every motion In any meeting of Council or Committee, except as provided
for In the Procedure By-law, shall require a mover and a seconder.
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b) Every motion, other than a motion to adjourn, recess, table or suspend
the rules of the Procedure By-law, when duly moved and seconded, shall
be open for discussion.
c) Debate shall not be allowed on any motion or amendment until It has
been properly seconded.
d) A motion or amendment thereto may not be withdrawn without the
consent of the mover and seconder.
e) The Chair of a meeting of Council or Committee shall not move or second
a motion.
f) All Members of Council or Committee shall 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 or she shall be deemed as voting in the
negative (except where prohibited from voting by statute),
g) Where a motion to adjourn, recess, table or suspend the rules of the
Procedure By-law has been made, until such motion has been decided
upon, there `shall be- no discussion on the matter proposed to be
adjourned recessed, tabled or suspended.
31. Motion Under Debate
When a motion is under debate, no motion shall be received except for the
following purposes and according to the listed priorities, namely:
a) to recess;
b) to adjourn;
c) to defer the motion under consideration to a definite date:
d) to defer the motion under consideration indefinitely;
e) to table a motion;
f) to refer the motion under consideration to a sub -committee for a report;
g) to amend the motion under consideration.
32. Motion to Recess
A motion to recess when other business is before the meeting:
a) shall specify the length of time of the recess;
b) shall not be debatable and shall only be amendable with respect to the
length of the recess.
33, Motion to Adjourn
A motion to adjourn:
a) is not emendable;
b) shell not be debatable.
34. Motion to Pofer
A motion to defer to a certain time or date:
a) shall be open to debate as to advisability of postponement; and
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b) may be amended as to the time or date to which the matter is to be,
deferred.
35. Motion to Table
a) A motion to table:
1) shall not be amended or debated;
it) shall apply to the motion and any amendments thereto under
debate at the time when the motion to table was made.
b) A tabled motion that has not been decided by the Council or Committee
either In the affirmative or the negative during the term of the Council or
Committee In which the motion was introduced shall be deemed to have
been withdrawn.
36. Motion to Refer
A motion to refer a matter under consideration to a Committee or to staff:
1) shall be open to debate and may be amended;
ii) shall include the terms on which the motion is being referred and
the time at which the matter Is to be returned: and
ill) shall include the reasons for the referral.
37. Motion to Amend
a) A motion to amend
i) shall be open to debate;
11) shall be relevant to the main motion;
b) A motion to amend may be a 'friendly amendment" whereby the mover
and seconder agree to re -word their motion to accommodate an
amendment; or
c) If it is not considered a "friendly amendment", then the motion to amend:
i) if more than one, shall be put to a vote in the reverse order to that
In which they are moved;
ii) shall be decided upon or withdrawn before the main motion is put
to the vote;
lii) shall . not be amended more than once, provided that further
amendments may be made to the main motion;
IV) shall not be directly contrary to the main motion.
38. Motion to "Put the Question'
Any Member may request the Chair to put the question to a vote by presenting a
motion that the question "now be put to a vote". A motion to put the question to a
vote must be seconded, is not open to debate, and if supported by a majority of
the Members present, the original question shall be immediately put to a vote
without debate,
39. Motion Containing Two or More Matters
When the motion under consideration concerns two or more matters, the Chair,
upon the request of any Member, shall direct that the vote upon each matter be
taken separately. Such request may also be made by the Chair.
40. Motion to Suspend Rules
A motion to suspend the rules of procedure required by this by-law shall not be
debatable or amendable and shall require a two thirds majority vote of the
Members present at the meeting of Council or Committee. Council and
Committee are prohibited from suspending any statutory requirement with
respect to their proceedings,
V08i
41, Withdrawal of Motion
A request to withdraw a motion:
a) shall only be made by the mover of the motion;
b) shall have the consent of the seconder of the motion; and
c) shall be In order any time during the debate.
42, Adoption In a Single Motion
One or more Items on an agenda may be adopted in a single motion. At a
Council or Committee meeting any Member present at the meeting may request
that an item be discussed and that item shall not be included in the motion to
adopt Items not requiring separate discussion.
43. By-laws
a) By-laws shall be enacted upon a vote In the affirmative of a majority of the
Members present at a meeting of Council.
b) With the exception of a confirmatory by-law, by -taws before Council at
any meeting may be considered and enacted severally upon a vote In the
affirmative of a majority of the Members present provided that upon the
request of any Member present, a by-law or by-laws will be considered
and voted upon individually.
e) A confirmatory by-law, in the form and content as may be adopted by
Council, shall be enacted at the conclusion of a Council meeting.
44. New Business
Any Member of Council or Committee at any meeting may present and introduce
any matter of new business during the New Business portion of the meeting.
45. Unfinished Business
Any matter which has not been disposed of by Council or Committee shall be
listed on the following agenda for consideration until disposed of unless removed
from the agenda by consent of the Council or Committee.
46. Voting
a) After a motion is finally put to a vote by the Chair, no Member shall speak
to it nor shall any other motion be made until after the vote is taken and
the result has been declared.
b) All Members of Council or Committee shall vote on all motions and failure
by any Member to announce their vote openly and individually shall be
deemed to be a vote in the negative.
c) Each Member present and voting shall announce or Indicate his/her vote
upon the motion openly and individually and no vote shall be taken by
ballot, or any other method of secret voting. In the event a Member
present abstains from voting as a result of a declaration of a pecuniary
Interest, his/her abstention shall be deemed to be neither an affirmative
nor a negative vole.
47. Tie Vote
Any motion on which there is a tle vote shall be deemed to be lost.
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48. Recorded Vote
a) At any meeting of Council, upon a request made by any Member
immediately before or after the taking of a vote on any matter, a recorded
vote shall be conducted by the Clerk. Each Member present, except a
Member who is disqualified from voting by any Act, shall announce his or
her vote openly and the Clerk shall record each vote. A failure to vote
under this section by a Member present at the time of the vote and who Is
qualified to vote shall be deemed to be a negative vote. The votes shall
be called in an order based upon the seating of the Members, moving
clockwise around the Council Chambers beginning with the mover of the
motion. Notwithstanding this, the vote in every case shall end with the
Mayor,
b) Recorded votes shall not be taken during any meeting of a Committee.
c) Notwithstanding recorded votes, a record or notation of a Member's
opposition to an Issue shall not be recorded in any meeting minutes_
49. Reconsideration of a Matter
If a matter has been previously considered by Council or Committee, It shall not
be reconsidered by that Council or Committee before 90 days after the matter's
original disposition except upon a vote in the affirmative of two thirds of the
Members prssent.
50. 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 the 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 shall decide and state his/her
ruling on the matter.
c) Upon hearing the point of order ruling, a Member shall only address the
Chair for the purpose of appealing the Chair's decision to the Council or
Committee.
d) If no Member appeals, the decision of the Chair shall be final.
e) If a Member appeals the Chair's ruling to the Council or Committee, the
Member shall have the right to state his/her case, the Chair shall have the
right to reply and the Councilor Committee shall decide the question
"That the decision of the Chair be sustained" without further debate. The
decision of the majority of the Members of the Council or Committae
present shall be final.
51. Point of Personal Privilege
a) A Member may rise at any time on a point of personal privilege where
such Member feels that his/her integrity, the Integrity of the Council or
Committee or the integrity of 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 shall decide and
state his/her ruling on the matter.
c) Where the Chair rules that a breach of privilege has taken place, he/she
shall demand that the offending Member or individual apologize and
failing such apology shall require said Member or Individual to vacate the
meeting room for the duration of the meeting.
By-law 2004.16
Page 1
d) With the exception of providing an apology, the Member shall only
address the Chair for the purpose of appealing the Chair's ruling of a
breach of privilege to the Council or Committee.
e) If no Member appeals, the decision of the Chair shall be final.
f) If Member appeals the Chair's ruling to the Council or Committee, the
Member shall have the right to state his/her case, the Chair shall have the
right to reply and the Council or Committee shall decide the question
"That the decision of the Chair be sustained" without further debate. The
decision of a majority of the Members present at the Council or
Committee meeting shall be final,
52, Expulsion for Improper Conduct
a) The Mayor may expel any person for improper conduct at a meeting,
b) The Chair of a Committee meeting may rule to expel from a meeting any
person who In the opinion of the Chair has behaved improperly at the
meeting.
c) Improper conduct shall be deemed to exist where any person interrupts
the proceedings of the Council or Committee, such that the continuation
of the meeting Is rendered difficult or impossible,
d) A Member shall only address the Chair for the purpose of appealing the
Chair's ruling to the Committee.
e) If no Member appeals, the decision of the Chair shall be final.
f) If a Member appeals the Chair's ruling to the Committee, the Member
shall have the right to state his/her case, the Chair shall have the right to
reply and the Committee shall decide the question "That the decision of
the Chair be sustained" without further debate. The decision of a majority
of the Members present at the Committee meeting shall be final. -
53. Absence of the Mayor
a) When the Mayor is absent through illness or absent from the municipality,
the Regional Councillor for the Town shall serve as Acting Mayor.
b) In the event that both the Mayor and Regional Councillor are absent
through Illness or absent from the municipality, Council shall enact a by-
law appointing an Acting Mayor to act during such absence, from among
the Members of Council, and while so acting, such Member has and may
exercise all the rights, powers and authority of the Mayor as Head of
Council.
54. Conflict
If there Is any conflict between this By-law and any statute, the provisions of the
statute prevail.
AND THAT By-law #2000-1, By-law #2000-171, By-law #2001-39 and By-law #2002-21
be hereby repealed;
AND THAT this By-law shall come into force on the date of its enactment.
ENACTED THIS 2fH DAY OF SEPTEMBER, 2004
Tom Tayl , Mayor
Anita Moore, Town Clerk
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