BYLAW - Procedure Bylaw - 20191210 - 622819
The Corporation of the Town of Aurora
By-law Number 6228-19
Being a By-law to govern the proceedings of
Council and Committee meetings of the
Town of Aurora.
Whereas subsection 238 (2) of the Municipal Act, 2001 requires every Council and local
board to adopt a Procedure by-law for governing the calling, place and proceedings of
Meetings;
And whereas subsection 11 (2) of the Municipal Act, 2001 provides that upper and lower
tier municipalities may pass by-laws respecting accountability and transparency of the
municipality and its operations and of its local boards and their operations; and,
And whereas it is Council’s desire to follow a process of municipal governance that reflects
an open, transparent government;
And whereas Council, in the interest of good governance, recognizes a Procedure By-law
as a hallmark of accountability and transparency; and,
And whereas Council considers it necessary to enact a by-law in this regard and to repeal
Procedure By-law Number 6068-18;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts
as follows:
1. Definitions
In this Procedure By-law:
a) “CAO” means the Chief Administrative Officer of the Town or his/her
designate;
b) “Chair” means the presiding officer at a meeting of Council or a
Committee;
c) “Clerk” means the Clerk of the Town or his/her designate;
d) “Closed Session” means a Meeting, or part of a Meeting of Council or a
Committee, which is closed to the public as permitted by the Municipal
Act, 2001;
e) “Code of Ethics” means the “Code of Ethics”, a declaration of the
principles of good conduct and ethics.
f) “Committee” means any Standing Committee of Council or an advisory or
special Committee established by Council from time to time;
g) “Confirming By-law” means a by-law passed for the purpose of giving
effect to a previous decision or proceeding of Council;
h) “Council” means the Members of Council of the Town of Aurora;
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i) “Delegation” means an address to Council or a Committee at the request
of a person wishing to speak;
j) “Deputy Mayor” means the Councillor who received the highest number of
votes in the last regular election;
k) “Director” means a Director of the Town or his/her designate or successor
in title;
l) “Emergency Weather Event” means an emergency weather event as
defined by Town Policy No. HR-23 – Facility Closure – Inclement
Weather/Power Failure – as may be amended from time to time;
m) “Friendly Amendment” means an amendment to the Motion under debate
with the consent of the mover and seconder only, and without the
requirement for an amending Motion to be made;
n) “Frivolous” means without merit or substance or is trivial;
o) “Head” means the individual or body determined to be head under the
Municipal Freedom of Information and Protection of Privacy Act, 1990
p) “Inaugural Meeting” means the first Meeting of Council after a regular
election;
q) “Local Board” means a local board defined by the Municipal Act, 2001;
r) “Mayor” means the Mayor of the Town;
s) “Meeting” means any regular, special or other Meeting of Council or a
Committee and includes a Workshop;
t) “Member” means any individual elected to Council or a person appointed
by Council to a Committee;
u) “Motion” means a proposal moved by a Member, and seconded by
another Member, to adopt, amend, or otherwise deal with a matter before
Council or a Committee;
v) “Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c.25, as
amended;
w) “Municipal Conflict of Interest Act” means the Municipal Conflict of Interest
Act, R.S.O. 1990, c. M.50, as amended;
x) “Municipality” means The Corporation of the Town of Aurora;
y) “Notice” means written notice, except where legislation, by-law or policy of
the Town provides for another form and manner of notice;
z) “Offending Member” means a Member who has been found by the Chair
or by Council or by a Committee to have disobeyed a rule in this
Procedure By-law or a Chair’s ruling;
aa) “Point of Order” means a Motion raised by a Member drawing attention to
an infraction of this Procedure By-law;
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bb) “Point of Personal Privilege” means a Motion raised by a Member which
concerns the health, safety, rights, or integrity of the Member, the Council,
a Committee, Staff or anyone present at a Meeting;
cc) “Procedural Matter” means a matter or Motion of a procedural nature;
dd) “Public Planning Meeting” means a Meeting held pursuant to the Planning
Act, R.S.O. 1990, c. P.13, as amended, or other statute;
ee) “Quorum” means the number of Members required for the legal conduct of
the business of Council or a Committee.
ff) “Resolution” means the decision of Council on any Motion;
gg) “Robert’s Rules of Order” means the most current edition of Robert’s
Rules of Order, Newly Revised;
hh) “Rules of Procedure” means the rules and regulations contained in this
Procedure By-law and that govern the proceedings of Council and its
Committees;
ii) “Staff” means an employee(s) of the Town;
jj) “Standing Committee” means a Committee established by Council and
consisting solely of all Members of Council;
kk) “Town” means The Corporation of The Town of Aurora;
ll) “Town Hall” means the municipal offices located at 100 John West Way,
Aurora, Ontario;
mm) “Vexatious” means without merit and pursued in a manner that is
malicious or intended to embarrass or harass the recipient or others;
nn) “Workshop” means a Meeting of Council or Committee for the purpose of
discussing issues in an informal venue.
2. Purpose and Application
a) This By-law shall be known as the Procedure By-law and establishes the
rules of procedure for Council and Committee Meetings.
3. Principles of the Procedure By-law
a) The principles of openness, transparency and accountability to the public
guide the Town’s decision-making process. In the context of Council and
Committee proceedings, this is accomplished by:
i) Ensuring the decision-making process is understood by the public
and other stakeholders;
ii) Providing access to information and opportunities for input by the
public and other stakeholders consistent with the requirements of
this Procedure By-law and other statutory requirements;
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iii) Exercising and respecting individual and collective roles and
responsibilities provided for in this Procedure By-law and other
statutory requirements.
b) The protection of basic rights by recognizing the right of the majority to
decide, the minority to be heard and individuals to have the opportunity to
participate.
c) The principles of parliamentary law governing Council and Committee
Meetings include:
i) Every Member has the right to one vote, unless prevented by law;
ii) Each Member has the right to be heard on a matter, unless
prevented by law;
iii) Each Member has the right to information to help make decisions,
unless prevented by law;
iv) Each Member has the right to an efficient meeting;
v) Each Member has the right to be treated with respect and courtesy;
vi) Each Member represents the public and will first and foremost
consider the well-being and interests of the Municipality.
4. Interpreting the Procedure By-law
a) In the event of conflict between this Procedure By-law and legislation, the
provisions of the legislation prevail.
b) If there is a conflict between two or more rules in this Procedure By-law, or
if there is no specific rule on a matter, the Chair will rule. In making a
ruling, the Chair may consult the Clerk, rely on previous rulings and
practices, or refer to Robert's Rules of Order.
5. Suspension of Rules
a) Rules of Procedure provided for in this Procedure By-law may be
suspended by a two-thirds majority vote of Council or a Committee, with
the exception of the following circumstances:
i) Where required by law;
ii) Contractual agreements binding the Town;
iii) Quorum requirements.
b) A Motion to suspend the Rules of Procedure required by this Procedure
By-law shall not be debatable or amendable.
6. Standing Committees
a) General Committee
i) The General Committee shall be comprised of all Members of
Council.
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ii) The General Committee may consider delegations, Community
presentations, correspondence, staff reports and matters which
may require more elaboration and discussion than would be
appropriate in a Council Meeting and such other matters as Council
may determine. Recommendations from General Committee will
be considered by Council.
b) Audit Committee
i) The Audit Committee shall be comprised of all Members of Council.
ii) The Audit Committee shall:
(a) Review audited financial statements;
(b) Review significant management letter comments and related
recommendations;
(c) Review the appointment of auditors; and
(d) Make recommendations regarding the above to Council.
iii) The Committee’s mandate shall include operational reviews.
iv) Meetings will be held at the call of the Chair. Agendas will be
distributed to Members of Council at least forty-eight (48) hours
prior to the Meeting.
c) Budget Committee
i) The Budget Committee will be comprised of all Members of
Council.
ii) The Budget Committee shall make recommendations to Council on
approval of the Town’s annual operating and capital budgets.
iii) The Budget Committee has delegated authority to:
(a) Approve the Meeting minutes of the Budget Committee;
(b) Direct staff to bring forward information to the Budget
Committee as needed, and defer matters to a future General
Committee or Budget Committee meeting; and
(c) Direct staff to prepare and bring forward for Council’s
consideration a report summarizing Committee
recommendations on the annual capital and operating
budgets.
iv) Budget Committee Meetings will be held as outlined in the Meeting
Schedule, as approved by Council.
7. Committees
a) When not provided for in the Committees’ Terms of Reference or the
Town Policy for Ad Hoc/Advisory Committees and Local Boards, the Rules
of Procedure set out in this Procedure By-law shall govern all Meetings of
all Committees, including any ad hoc, Advisory Committees, or Local
Boards.
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8. Chair of Meeting
a) The Chair is the presiding officer at a Meeting of Council or a Committee.
b) The Chair of a Meeting of Council, Audit Committee, Budget Committee, a
Closed Session or a Workshop Meeting is the Mayor. In the absence of
the Mayor, the Deputy Mayor is Chair.
c) The Chair of a Meeting of General Committee shall be rotated among the
Members of Council, excluding the Mayor, every two (2) consecutive
meetings, in descending order of votes received by the Members in the
last regular election.
d) In the absence of the person appointed as Chair, the Members shall
appoint one of their Members as Chair for the purpose of that Meeting.
e) The Chair and any Vice Chairs of other Committees are appointed in
accordance with the Town’s Policy for Ad Hoc/Advisory Committees and
Local Boards, or their Terms of Reference.
9. Duties of the Chair
a) The Chair is responsible for, where applicable:
i) Carrying out the roles and responsibilities of his/her role as
described in the Municipal Act, 2001;
ii) Chairing the Meeting in an objective manner in accordance with this
Procedure By-law;
iii) Enforcing the Rules of Procedure in this Procedure By-law;
iv) Enforcing order and good behaviour of all Members at all times;
v) Announcing the business before Council or a Committee and the
order in which it is to be considered;
vi) Receiving, stating and framing all Motions presented to clarify their
intent as moved;
vii) Ruling on whether a Motion is in order;
viii) Protecting Council or a Committee from a Motion that is obviously
Frivolous or tending to cause delay by refusing to acknowledge the
Motion;
ix) Providing information to Members on any matter related to the
business of Council or a Committee;
x) Deciding to acknowledge, and ruling on, whether a Point of Order
or Point of Personal Privilege is in order subject to an appeal by
any Member to the Council or a Committee on any question of
order in respect to business before the Council or a Committee,
and giving the facts, circumstances and reasons for the ruling;
xi) Calling a vote on the question of sustaining the ruling of the Chair,
and announcing the results of the vote, if there is an appeal to the
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ruling of the Chair. In this regard, the Chair may provide further
explanation of the ruling prior to calling the vote;
xii) Recessing a Meeting for a brief, specified time to consult the Clerk,
the CAO or other staff person if necessary;
xiii) Recessing the Meeting for a specified time if there is a threat or
imminent threat to the health or safety of any person, or if there is a
possibility of public disorder;
xiv) Ensuring that Members take a health break by announcing a
minimum ten (10) minute recess after two (2) hours have passed
since the last break;
xv) Ensuring that all Members who wish to speak on a Motion have
spoken;
xvi) Ensuring clarity, where required, by reading, or requesting the
Clerk, recording secretary or other appropriate person to read
Motions before voting;
xvii) Putting all Motions to a vote and announcing results;
xviii) Voting on all matters unless the Municipal Conflict of Interest Act
prohibits it;
xix) Declining to put to a vote any Motion which contravenes this
Procedure By-law;
xx) Calling Members to order;
xxi) Adjourning the Meeting when the business of the Meeting has
concluded; and,
xxii) Signing all by-laws, Resolutions, and minutes when required.
10. Members of Council and Committees
a) Members are responsible for, where applicable:
i) Carry out the responsibilities of the role of Council as described in
the Municipal Act, 2001, Municipal Conflict of Interest Act and any
other legislation;
ii) Attending scheduled Meetings;
iii) Carefully considering and making decisions about Meeting
business, including seeking information and advice from staff prior
to and during a Meeting;
iv) Voting on Motions put to a vote, unless the Municipal Conflict of
Interest Act prohibits it;
v) Respecting the Rules of Procedure in this Procedure By-law;
vi) Listening attentively, participating in a Meeting and not interrupting,
unless to raise a Point of Order or Point of Personal Privilege;
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vii) Remaining silent in their seats while Council or a Committee votes
and until the Chair announces the result of the vote;
viii) Refraining from using indecent, offensive or insulting language or
speak disrespectfully of any individual.
ix) Refraining from engaging in private conversation while in the
Meeting or using communication devices in any manner that
disrupts the Member speaking or interrupts the business of Council;
x) Respecting and following the decisions of Council or a Committee;
xi) Not disclosing any of the content of a Meeting that was closed to
the public or provide confidential documents or materials to
unauthorized individuals;
xii) Complying with the Chair’s rulings and Council’s decisions; and
xiii) Complying with the Council Code of Ethics.
11. Breach of Rules
a) If a Member disobeys a rule in this Procedure By-law or a Chair’s ruling:
i) After the first occurrence, the Chair calls the Member to order.
ii) After the second occurrence, if the Member continues to disobey
this Procedure By-law or the Chair’s ruling, the Chair will
immediately order the Member to leave his/her seat and observe
the Meeting from the audience for the remainder of the Meeting.
iii) Any Member other than the Offending Member may appeal the
Chair’s ruling in ii), and Council or a Committee may overturn or
uphold the Chair’s ruling. Should the Chair’s ruling be overturned,
the Offending Member may return to his/her seat.
iv) At the next available opportunity in the Meeting, the Chair will offer
the Offending Member the opportunity to apologize to Council or a
Committee. The apology will not include additional comments or
debate by the Offending Member or by Council or a Committee.
v) After an apology is made by the Offending Member, Council or a
Committee may consent to allow the Offending Member to return to
the Meeting.
vi) Should, at any point, the Offending Member create a disturbance
while seated in the audience in accordance with subsection 10.b)ii),
the Chair will order the Offending Member to leave the Council
chamber or meeting room.
vii) Council cannot appeal the Chair’s ruling in accordance with
subsection 10.b) vi).
viii) If the Offending Member refuses to leave his/her seat or leave the
Council chamber or meeting room as required in subsection
10.b)vi), the Chair may request the CAO to contact security or the
police for assistance.
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12. Right of Public Input and Notice
a) The public has the right to have input and receive Notice on Council’s
decision-making process. The methods for doing so include: writing to
Council through the Clerk; submitting a petition; speaking at an Open
Forum; or speaking as a Delegation. The public will receive Notice in
accordance with the requirements of legislation, this Procedure By-law
and the Town’s Notice By-law.
b) Should an individual wish to be provided with further Notice related to a
matter of business before Council or Committee, he/she is required to
indicate this wish to the Clerk on the prescribed form, which is available on
the Town’s website or at the Town Hall.
13. Members of the Public
a) The Chair may expel or exclude any person who disrupts a Meeting, and
may request security and/or police assistance in doing so.
b) No persons, other than Members and Town staff, are permitted to
approach the area where Members and staff are seated.
c) Attendees will submit all materials for Council or Committee through the
Clerk.
d) Attendees are responsible for:
i) Maintaining order and not heckling, or engaging in conversations,
displaying placards or props or any behavior that may be
considered disruptive;
ii) Speaking respectfully at all times;
iii) Using recording, broadcasting or streaming devices respectfully,
and should the Chair direct it, moving or ceasing to use recording,
broadcasting or streaming devices.
e) All communication devices shall be turned off or set to silent mode during
any meeting, with the exception of assistive devices for people with
disabilities.
14. Preparation of Agendas
a) The CAO and his/her staff are charged with providing guidance and
recommendations to Council or Committee related to municipal business,
and implementing the decisions of Council.
b) The CAO chairs a regularly scheduled internal meeting to review draft
agenda items in order to support the business of Council.
c) The Clerk provides an administrative process to support the approval,
preparation, Notice, publication and distribution/public access to agendas
and agenda items, following approval by the CAO and/or Director.
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15. Availability of Agendas
a) Council Meeting agendas are generally available to Members of Council
and the public on each Thursday preceding a Meeting.
b) General Committee Meeting agendas are generally available to Members
on the Monday that is eight (8) days preceding a General Committee
Meeting and are generally available to the public on the following
Tuesday.
c) Closed Session agendas will be provided to Council in accordance with
the publishing timeframes set out in Section 15 a) where required.
d) Council Public Planning Meeting agendas are generally available to
Members of Council and the public seven (7) days prior to the Meeting
date.
e) Special General Committee and Council, Workshop and emergency
Meeting agendas will be provided to Members in accordance with the
publishing timeframes set out in the Notice of Meetings section of this
Procedure By-law, where required.
f) Agendas for Committees, including Audit Committee and Budget
Committee and excluding General Committee, are generally available
seven (7) days prior to the meeting date.
16. Additional Items and Corrections
a) An additional item is any item that is to be added to a Council or
Committee agenda following publication of the original agenda.
b) Any corrections to the agendas of Council or Committee may be listed on
the additional items to be distributed, for information only.
c) Committees are required to consent to the introduction of additional items
by approving the agenda, as amended.
d) Requests for items to be added to the agenda as an additional item shall
have met at least one of the following conditions:
i) Government/agency deadlines;
ii) Legal implications;
iii) Contractual implications;
iv) Financial implications;
v) Council or General Committee direction; or
vi) As directed by the CAO.
e) Additional items to Council or General Committee Meeting agenda are
available on each Monday preceding the Meeting, and further additional
items may be provided up to and including the Meeting day.
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17. Reports of Council and General Committee
a) In accordance with established administrative protocols, reports prepared
by staff are submitted in writing to the Clerk and distributed with the
agenda for the applicable Meeting of Council or General Committee.
b) Reports prepared by staff members contain information and
recommendations prepared in the context of their professional, technical
and administrative expertise independent of any particular political,
constituent or stakeholder interest.
18. Information Reports
a) An information report is prepared for the information of Council and
generally relates to a matter considered at Council or General Committee,
or is a matter of Town business.
b) An information report does not contain recommendations.
c) An Information Report may be requested by Council or General
Committee in the form of a motion.
d) Information reports are circulated directly to Council Members by email
and made available to the public on the Town’s website in accordance
with the timelines set out in the Availability of Agendas section of this
Procedure By-law. Information reports are not published on a General
Committee or Council agenda unless a Council Member makes such a
request to the Clerk.
e) Information Reports will be placed on an upcoming General Committee
agenda at the request of a Council Member. Where required due to
urgency or timing, information reports may be considered directly at
Council as an item.
19. Meetings
a) Meetings Open to the Public
i) All Meetings shall be open to the public except as provided for in
the Closed Session section of this Procedure By-law.
b) Inaugural Meeting
i) The first Meeting of a newly elected Council after a regular
municipal election shall be held on the first Tuesday in December at
7 p.m. or such other date and time as determined by the Clerk.
c) Approval of the Meeting Schedule
i) Prior to January 1st of every year, Council approves a Meeting
schedule of Council and Standing Committees for each calendar
year, which may be amended. The Meeting Schedule is made
available to the public on the Town’s website.
ii) The Meeting schedule of Committees is determined by its
Members, in accordance with each Committee’s Terms of
Reference and/or prescribed mandate.
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d) Location of Meetings
i) Meetings shall take place at Town Hall, or at another location within
the municipality or adjacent to the municipality, as authorized by the
Mayor or by Council, or as provided for in the Municipal Act, 2001
when Notice is given.
e) Schedule of Meetings
i) Meetings shall take place in accordance with the Meeting Schedule
as prepared by the Clerk and approved by Council.
ii) All Council Meetings will generally be held on the fourth Tuesday of
each month at 7 p.m. and General Committee Meetings will
generally be held on the first and third Tuesday of each month at 7
p.m. Where a Council Meeting day is a public or civic holiday,
Council will meet at the same hour on the Wednesday immediately
following the holiday.
iii) Unless otherwise determined by the Clerk, Council Closed Session
will be scheduled at 5:45 p.m. immediately prior to a Council or
General Committee Meeting, and will recess or adjourn at least ten
(10) minutes prior to the scheduled time of the meeting.
f) Public Planning Meetings
i) Council will meet on the second Tuesday of each month at 7 p.m.
for a Council Meeting to consider development-related applications
and other matters that have been submitted under the Planning
Act, R.S.O. 1990, c. P.13, as amended.
g) Quorum
i) A majority of Members shall constitute a Quorum.
ii) As soon as there is a Quorum after the time appointed for
commencement of a Meeting, the Mayor or Chair will call the
Meeting to order. If a Quorum is not present 30 minutes after the
time appointed for commencement of a Meeting, the Clerk shall
indicate that no Quorum is present and the Meeting shall not
commence.
iii) If during the course of a Meeting, Quorum is lost, the Chair shall
declare that the Meeting shall be adjourned until the date of the
next scheduled Meeting. The agenda items are deemed to be
deferred to the next scheduled Meeting.
h) Late Arrival
i) If a Member arrives late at a Meeting, any prior discussion is not
reviewed without the consent of the Members present.
20. Notice of Meetings
a) General Provisions
i) The Clerk gives Notice of a Meeting by:
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(a) Posting the annual approved schedule of Meetings; or
(b) Using the Town’s social media accounts and website; or
(c) Publishing Notice on the Town’s regular advertising page in
the local newspaper; or
(d) Providing the agenda to Members and the public; or
(e) All of the above.
ii) Every Notice of a Meeting shall indicate the date, time and place of
the Meeting, and the contact information for the Clerk’s office.
iii) Nothing in this Procedure By-law shall prevent the Clerk from using
more extensive methods of Notice.
iv) Nothing in this Procedure By-law shall prevent the Clerk from using
longer timeframes for providing Notice.
b) Special Meetings of Council or General Committee
i) A special Meeting of Council or General Committee may be called
by the Mayor at any time. A special Meeting of Council or General
Committee is limited to business matters included in the Notice of
Meeting.
ii) Upon receipt of a written petition from a majority of the Members of
Council, the Clerk will summon a special Meeting of Council or
General Committee for the specific purpose and time identified in
the petition.
iii) In addition to the general Notice provisions in this Procedure By-
law, the Clerk shall give Notice of a special Meeting of Council or
General Committee by providing an agenda at least twenty-four
(24) hours prior to the Meeting or if the Meeting is to be scheduled
in less than twenty-four (24) hours, then by providing an agenda at
the first opportunity to do so.
c) Workshop Meetings
i) The Mayor and/or CAO may hold a W orkshop Meeting for
Members of Council to discuss issues in an informal venue. With
the exception of Procedural Matters, no Motions are passed.
ii) A record describing, in general terms, the Meeting and the subject
matter discussed is made at all Workshop Meetings and placed on
a future Council agenda to be received only for the purposes of
information.
iii) In addition to the general Notice provisions in this section of the
Procedure By-law, the Clerk shall give Notice of a Workshop
Meeting by providing an agenda at least twenty-four (24) hours
prior to the Meeting.
iv) Delegations shall not be permitted at Workshop Meetings.
d) Cancellation or Postponement of Meetings
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i) A Meeting may be cancelled or postponed where it is known in
advance that Quorum will not be achieved, by Council Resolution,
in the event of an emergency or Emergency Weather Event, or
where the Meeting is no longer required, as deemed by the CAO.
ii) Where possible, the Clerk shall give Notice of cancellations or
postponements of Meetings by:
(a) Providing Notice to each Member by email notification no
less than forty-eight (48) hours prior to the time set for the
Meeting; or
(b) Providing Notice to the public no less than 3 hours by:
Posting a Notice on the Town website;
Sending a Notice via the Town’s social media accounts;
Posting a Notice on the Town’s regular advertising page in
the local newspaper, if time permits; and
Where (c) cannot be achieved, posting a Notice at the main
entrance to Town Hall.
(c) Notwithstanding subsection 19.d) ii), in the case of an
emergency or an Emergency Weather Event, the Clerk shall
provide Notice to each Member and the public as soon as
practically possible.
iii) Meetings of Committees may be cancelled or postponed by the
Clerk, recording secretary, Chair or other assigned person where
Quorum cannot be achieved, by Committee resolution, or in the
event of an emergency or Emergency Weather Event.
e) Invalidation of Notice of Meeting
i) If a Meeting Notice is substantially given, but varies from the form
and manner provided in this Procedure By-law, the ability to hold
the Meeting and the actions taken at the Meeting are not
invalidated.
21. Closed Session
a) Matters of Closed Session
i) Council or a Committee may, by Resolution, close a Meeting or part
of a Meeting to the public in accordance with section 239 of the
Municipal Act, 2001.
ii) Council or a Committee may also resolve into a Closed Session to
the public for the following purposes:
(a) An ongoing investigation respecting the Municipality, a Local
Board or a municipally-controlled corporation by the
Ombudsman appointed under the Ombudsman Act, an
Ombudsman referred to in subsection 223.13 (1) of the
Municipal Act, 2001, or the investigator referred to in
subsection 239.2 (1) of the Municipal Act, 2001.
b) Notice of Closed Session
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i) Where a matter may be considered by Council or General
Committee for discussion in Closed Session, wherever possible,
written Notice by way of a published agenda will include:
(a) The fact that the Meeting will be closed to the public as
provided for in the Municipal Act, 2001; and
(b) The general nature of the matter to be considered at the
Closed Session.
c) A Motion to close a Meeting or part of a Meeting to the public shall state
the:
i) Intention to close the Meeting to the public; and
ii) General nature of the matter to be considered at the Closed
Session, and the grounds for closing the Meeting as set out in the
Municipal Act, 2001.
d) Voting during Closed Session
i) Only votes relating to procedural matters or direction to staff may
be taken during a Closed Session, unless otherwise authorized.
e) Upon completion of the Closed Session:
i) The Members shall immediately reconvene in open session;
ii) The Mayor shall report any outcomes on the Closed Session as
necessary; and,
iii) If applicable, the Members shall vote on any Resolution(s)
originating from the Closed Session.
f) Reporting Out and Confidentiality of Closed Session Discussions
i) Any required vote will occur following the Closed Session
discussion of a Council or Committee Meeting.
ii) Public General Committee and Council Closed Session agendas,
minutes or reports shall provide sufficient detail without
detrimentally affecting the confidentiality of the matter(s) discussed
in Closed Session and the position of the Municipality.
iii) Minutes of a Closed Session shall be presented for adoption at a
scheduled Meeting of Council that does not occur on the same day.
iv) No Member shall disclose or discuss, through written, electronic or
verbal communication or any other means, to any individual or
corporate third party, any information that has been or will be
discussed at a Closed Session of Council or a Committee until such
time that Council or a Committee has determined or has been
advised by staff that the matter, or any part of the matter, may be
made public, subject to review by the head or designate under the
Municipal Freedom of Information and Protection of Privacy Act or if
directed to do so by a court.
g) Openness and Transparency
By-law Number 6228-19 Page 16 of 32
i) The Clerk shall maintain an annual log of all reports and
Resolutions considered in Closed Session, conduct an annual
review with the CAO and staff to determine which items are no
longer sensitive and/or confidential. The Clerk shall prepare an
Annual Report of all Closed Session items approved for public
release, and shall post the report on the Town website. Items
identified for release shall qualify for ‘routine disclosure’ in
accordance with the Town’s freedom of information practices.
h) Closed Meeting Investigation
i) A person may request that an investigation be undertaken to
determine whether Council or Committee complied with the
requirements of the Municipal Act, 2001 and this Procedure By-law
in respect of a Meeting or part of a Meeting closed to the public. A
person may initiate such a request by submitting a written request
to the Town Clerk.
22. Speaking Order and Limit
a) The Chair shall maintain a list of Members who have requested to speak
or ask questions. The Chair shall designate Members to speak or ask
questions in the order in which they appear on the list. The Chair shall
give priority to Members who have not spoken to the matter previously.
b) At Committee Meetings, Members are permitted to speak two (2) times on
a matter, the first time being for a maximum of ten (10) minutes, and the
second time being for a maximum of five (5) minutes; and
c) At Council Meetings, Members are permitted to speak two (2) times on a
matter for a maximum of five (5) minutes each time
23. Rules of Debate
a) Members’ comments are relevant to the matter of business before Council
or a Committee. Members should avoid comments intended to be
statements or assertions.
b) Any Member may require a Motion or question under discussion to be
read at any time during the debate but not so as to interrupt the Member
speaking.
c) Members shall express themselves succinctly without repetition.
d) Questions may be asked only of:
i) The Chair;
ii) Staff;
iii) A previous speaker; and,
iv) A delegation.
By-law Number 6228-19 Page 17 of 32
24. Order of Business – General Committee
a) The order of business of General Committee is set out in the agenda, as
follows, where provided for:
i) Approval of the Agenda
ii) Declarations of Pecuniary Interest and General Nature Thereof
iii) Community Presentations
iv) Delegations
v) Consent Agenda
vi) Advisory Committee Meeting Minutes
vii) Consideration of Items Requiring Discussion (Regular Agenda)
viii) Notices of Motion
ix) New Business
x) Closed Session
xi) Adjournment
25. Order of Business – Council
a) The order of business for the Council is set out in the agenda as follows,
where provided for:
i) Approval of the Agenda
ii) Declarations of Pecuniary Interest and General Nature Thereof
iii) Community Presentations
iv) Delegations
v) Consent Agenda
vi) Standing Committee Reports
vii) Consideration of Items Requiring Discussion (Regular Agenda)
viii) Motions
ix) Regional Report
x) New Business
xi) Public Service Announcements
xii) By-laws
xiii) Closed Session
xiv) Confirming By-law
By-law Number 6228-19 Page 18 of 32
xv) Adjournment
26. Order of Business - Other
a) The order of business for any other meeting type is at the discretion of the
Clerk.
27. Record of Meetings
a) The Clerk records the minutes of Meetings of General Committee and
Council without note or comment. The minutes record:
i) The date, time and location of the Meeting;
ii) The name of the Chair and a record of the attendance at the
Meeting;
iii) The name and nature of presenters and Delegations; and
iv) All Resolutions, decisions and other proceedings of the Meeting;
b) Minutes of Committees, excluding standing Committees are submitted to
General Committee for receipt.
c) The receipt of Committee minutes, excluding standing Committee minutes,
by Council does not constitute endorsement by the Town of any
recommendations or actions contained in the minutes.
d) A General Committee report is submitted to the next regular Council
meeting for consideration of the recommendations to Council. The report
from General Committee that is presented to Council shall not contain the
mover or seconder on each item but rather shall only show
recommendations endorsed by the General Committee.
e) Minutes of each Meeting of Council are presented to the subsequent
regular Meeting of Council for approval. The approved minutes form the
official record of the Meeting.
f) After the Council Meeting minutes have been approved by Council, they
shall be signed by the Mayor and Clerk.
g) Approved minutes of Council, including the report of the General
Committee, will be posted on the Town’s website as they become
available.
h) The Clerk shall ensure that the minutes of each Meeting are made
available to Members within a reasonable amount of time after the holding
of such Meeting.
28. Changes in Order of Agenda
a) The business of General Committee and Council is dealt with in the order
stated on the published agenda, unless Council consents to changing the
order.
By-law Number 6228-19 Page 19 of 32
29. Declarations of Pecuniary Interest
a) Members are required to make declarations of pecuniary interest in
accordance with the requirements of the Municipal Conflict of Interest Act
and/or other relevant legislation and shall refrain from speaking to and
voting on the matter. At a Meeting at which a Member discloses a
pecuniary interest, or as soon as possible afterwards, the Member shall
file a written statement of the interest and its general nature with the Clerk
or the secretary of the Committee or Local Board.
b) A public registry of all declarations of pecuniary interest will be maintained
by the Clerk in accordance with the Municipal Conflict of Interest Act.
c) Where a Meeting is not open to the public, in addition to complying with
the requirements set out in the Closed Session section of this Procedure
By-law, the Member shall leave the Meeting or the part of the Meeting
during which the matter is under consideration.
d) Where the interest of a Member has not been disclosed by reason of the
Member’s absence from a particular Meeting, the Member shall disclose
the Member’s interest and otherwise comply at the first Meeting of Council
or Committee, as the case may be, attended by the Member after the
particular Meeting.
e) The Clerk shall record the particulars of any disclosure of pecuniary
interest and general nature thereof made by a Member, and this record
shall appear in the minutes of that Meeting.
30. Staff and Community Presentations
a) Staff Presentations
i) Staff presentations, if related to a report on the agenda shall occur
at the time the report is discussed. Presentations by Staff at
Meetings shall be a maximum of ten (10) minutes.
b) Community Presentations
i) Community Presentations may be made by third-parties invited by
staff to Council or General Committee on matters of interest to the
Town. Such presentations are received or presented by the Chair.
ii) Requests to be added to the Community Presentations section of
an agenda shall be submitted to the Clerk at least three (3) weeks
prior to the Meeting date.
iii) Any accompanying materials must be submitted to the Clerk in an
electronic format at least three (3) business days prior to the
Meeting date.
iv) Community Presentations may be up to five (5) minutes. The
consent of Council or General Committee is required to extend a
presentation beyond five (5) minutes.
v) The Clerk may limit the frequency and/or number of times a group
or individual may appear before General Committee or Council.
By-law Number 6228-19 Page 20 of 32
31. Delegations at Meetings of Council and General Committee
a) General Provisions
i) Delegates shall be encouraged to appear at the appropriate
Committee first rather than Council.
ii) Anyone wishing to appear before General Committee shall register
as a delegate by submitting the prescribed form to the Clerk no
later than 9 a.m. on the scheduled Meeting date.
iii) Anyone wishing to appear before Council shall register as a
delegate by submitting the prescribed form to the Clerk no later
than 9 a.m. one (1) business day prior to the scheduled Meeting
date.
iv) Delegates shall advise the Clerk that the audio visual equipment
will be required and shall submit supporting material to the Clerk for
approval in an electronic format no later than 4:30 p.m. on the
Friday prior to the Meeting date.
v) Delegates requesting specific financial assistance or services in-
kind from General Committee or Council shall be directed to a
Budget Committee meeting. Requests made outside the Budget
Committee Meeting must include a detailed written request to the
Clerk prior to the Meeting, which will be forwarded to the
appropriate department for review. A decision will not be made at
the Meeting where the Delegation is heard.
vi) The Clerk shall give due consideration to the length of the agenda
and the number of Delegations and shall advise to the requester
the earliest possible date when his/her Delegation may be
accommodated. A limit of four (4) Delegations will be considered at
a Meeting of General Committee, and two (2) Delegations will be
considered at a Meeting of Council.
vii) The Clerk may limit the frequency and/or number of times a group
or individual may appear before General Committee or Council.
viii) Delegation requests received after the deadline or limit has been
reached will be acknowledged by the Clerk but not placed on an
agenda.
ix) Delegations at General Committee and Council Meetings shall be
on a subject that is within the jurisdiction or influence of local
government. Delegations at a Meeting of Council shall be related to
an item of business on the agenda.
x) Delegations regarding active planning applications will not be
permitted at a Council Meeting
xi) Delegates shall refrain from making statements or comments that
are, in the opinion of the Chair, frivolous or vexatious in nature.
xii) Delegates who share the same position on a matter or are from the
same organization, are encouraged to speak in one delegation.
By-law Number 6228-19 Page 21 of 32
xiii) Delegates shall be restricted to a speaking limit of five (5) minutes,
regardless of whether they are representing an organization,
association or other group.
xiv) The consent of Council or General Committee is required to grant a
delegate one (1) extension of up to five (5) minutes at a Council or
General Committee Meeting, and to consider more than two (2)
Delegations at a Council Meeting.
xv) Delegates who appear before General Committee are not permitted
to make a Delegation in relation to the same item at the following
Council Meeting, but may submit written material to Members of
Council through the Clerk’s Office.
b) Conduct of Delegates
i) Delegates shall not make detrimental, offensive or insulting
comments, or speak ill of, or malign the integrity of Staff, the public,
Council or Committee or other external public agencies.
ii) Delegates who contravene this section will not be permitted to
finish their delegation and will be asked by the Chair to take their
seat in the audience.
c) Delegations at Council Meetings
i) Anyone wishing to speak on an item that is not on the Council
agenda shall be directed to appear at the Open Forum session that
precedes the General Committee Meetings. Alternatively, the
Delegation may be placed on a Committee agenda to address an
issue that is not on the Council agenda.
d) Delegations at Public Planning Meetings
i) Any person may speak on a matter on the agenda at a Public
Planning Meeting. The delegate shall not speak for more than five
(5) minutes, but may have an opportunity to speak more than once
on the agenda item.
32. Consent Agenda
a) Consent Agenda will include the following items that do not have
presentations or Delegations:
i) Receipt of the Minutes (i.e. Special Council, Workshop, Closed
Session) (Council Meeting agenda only);
ii) Procurement items that are within the approved budget;
iii) Communications addressed to Council;
iv) Information reports requested by Council through motions; and
v) Items as directed by the CAO or Clerk.
By-law Number 6228-19 Page 22 of 32
b) Questions of clarification may be asked by Members about any consent
item during the adoption of the Consent Agenda without requiring a
separate vote.
c) Members shall identify any items contained on the Consent Agenda which
they wish to speak to and the matter shall be extracted from the Consent
Agenda to be dealt with separately under Consideration of Items Requiring
Discussion (Regular Agenda).
d) In the event that a Member declares a pecuniary interest on an item that is
included on the Consent Agenda, that item shall be considered under
Consideration of Items Requiring Discussion (Regular Agenda).
e) Items on the Consent Agenda or the balance of the items, as the case
may be, shall be adopted in one Motion.
33. Notice of Motion
a) A Member desiring to introduce a subject for discussion by Council will
provide the proposed Notice of Motion to the Clerk in writing for inclusion
in a regular agenda of General Committee by 12 p.m. on the Wednesday
prior to the meeting.
b) The Motions will be included on the next Council agenda for consideration
and disposition. Motions that are not in order, as determined by the Clerk,
will not be included.
c) Closed Session Notices of Motion may be published as part of a General
Committee or Council agenda to fulfil Notice provisions. The subsequent
Motion will be brought forward to the next scheduled Council Closed
Session meeting, or to a meeting agreed to by the authoring Member and
the Clerk.
d) The CAO or Staff may be requested to comment on the Motion raised in
this section, but no staff report will be prepared unless the Motion, once
adopted by Council, is referred to staff for a further report.
e) It is the duty of the Member to:
i) Prepare the proposed Motion in writing
ii) Submit the proposed Motion to the Clerk
iii) Ensure the content of the proposed Motion allows for it to be
published on a public agenda.
34. Regional Report
a) The representative of the Town on Regional Council will provide a report
at regular Meetings of Council on matters of interest to the Town, when
available.
35. New Business
a) Any Member of Council or a Committee, at any Meeting, may present and
introduce any matter of new business during the New Business portion of
the Meeting, and shall have regard to the following guidelines:
By-law Number 6228-19 Page 23 of 32
i) Members are encouraged to raise operational matters prior to the
Meeting through the CAO, Director or appropriate Staff;
ii) Members are discouraged from raising substantive policy matters,
in particular consideration of corporate policies or by-laws; and,
iii) Members of Council are encouraged to raise announcements and
community events under the Public Service Announcements
portion of the Council agenda.
36. Public Service Announcements
a) Members may speak for no more than three (3) minutes on public service
announcements and community events, unless the consent of Council is
granted.
37. By-laws
a) By-laws are considered by Council and approved by Motion.
b) Every by-law adopted by Council is done so under the seal of the Town
and signed by the Clerk and the Mayor.
c) All by-laws shall be given first, second and third readings in a single
Motion, unless a Member wishes to discuss the contents of a by-law, at
which time the subject by-law shall be removed from the Motion and dealt
with separately.
d) The following types of by-laws may be presented directly to Council
without an accompanying staff report:
i) Those directed to be presented directly to Council by General
Committee or Council;
ii) The appointment of statutory positions, staff for by-law inspection,
municipal law enforcement and provincial offences administration;
iii) Consolidation of by-laws or housekeeping amendments;
iv) General by-laws where the purpose and intent of the by-law has
been clearly authorized by a previous resolution;
v) A by-law to levy interim property taxes;
vi) A by-law to set tax rates in accordance with the approved budget;
vii) Part-lot control by-laws;
viii) Assumption by-laws;
ix) A by-law to establish a public highway;
x) Minor amendments resulting from changes to provincial enabling
legislation; and,
xi) Other administrative by-laws deemed appropriate by the CAO.
By-law Number 6228-19 Page 24 of 32
e) Every Council Meeting shall be confirmed by by-law so that every decision
of Council at that Council Meeting and every Resolution of the Meeting
shall have the same force and effect as if each and every one of them had
been the subject matter of a separate by-law duly enacted.
f) All amendments to any by-law approved by Council shall be deemed to be
incorporated into the by-law and if the by-law proposing the amendment is
enacted by Council, the amendments shall be inserted by the Clerk.
g) All by-laws, including the confirming by-law, shall be voted on prior to
Adjournment.
38. Adjournment
a) No item of business shall be considered at a Meeting of Council or
General Committee after 10:30 p.m. unless a majority of the Members
present enact a resolution to extend the hour. The Resolution must include
a proposed time for adjournment of the Meeting.
39. Correspondence
a) Where correspondence is not requested to be included in a Council or
General Committee agenda, it is circulated by the Clerk to Members, the
CAO, Directors and applicable Staff for their information, and forms a part
of the Clerk’s records.
b) Where correspondence has been requested to be included on a Council or
General Committee Meeting agenda or on the request of a Member to the
Clerk, correspondence is placed on the General Committee meeting
agenda for consideration. Where required due to urgency or timing,
correspondence may be considered directly by Council as an Additional
Item.
c) The Council’s receipt of correspondence does not constitute endorsement
of the correspondence by the Town of any recommendations it may
contain or actions it may advocate.
40. Petitions
a) Petitions may be submitted to the Clerk and will include a minimum of two
(2) persons and their respective addresses unless otherwise required by
law, and a clear statement of the purpose for the petition.
b) If the petition meets the requirements of the Petition Policy and/or any
other related Town Policies, the request conveyed in the petition will be
considered by General Committee for disposition. Where required due to
urgency or timing, petitions may be considered directly by Council.
c) Staff may prepare recommendations related to the matter for Council’s
consideration.
d) The Town is not accountable for the accuracy or reliability of petitions that
are submitted.
By-law Number 6228-19 Page 25 of 32
41. Motions from Other Municipalities
a) All requests for endorsement of resolutions from other municipalities will
be electronically circulated to Council and acknowledged by the Clerk, with
the advice that the Town does not take action on resolutions received from
other municipalities, but rather makes its position known through the
appropriate municipal association, or alternatively, directly to the relevant
Minister or government leader.
b) A Member of Council may request that a resolution from another
municipality be added to a General Committee agenda for consideration.
c) The Council’s receipt of resolutions from other municipalities does not
constitute endorsement by the Town of any recommendations or actions
they may contain.
42. Motions – Impact on Corporate Resources
a) The CAO will advise on the appropriate means of disposition for matters
that make an impact on administration.
b) Council is not required to pass a Motion that makes an impact on
corporate resources where a matter:
i) Has already been approved by Council;
ii) Is considered by the CAO to be minor in nature; and/or,
iii) Falls within existing service levels.
43. Procedures Concerning Motions
a) General Rules
i) Every Motion in any Meeting of Council or Committee requires a
mover and a seconder.
ii) When duly moved and seconded, every Motion, other than a
Motion to adjourn, recess, table or suspend the rules of this
Procedure By-law, is open for discussion.
iii) No debate is permitted on any Motion or amending Motion until it
has been properly seconded.
iv) A Member may move a Motion in order to initiate discussion and
debate, but vote in opposition to the Motion. A seconder of the
Motion may vote against the Motion.
v) A Motion or amending Motion may not be withdrawn without the
consent of the mover and seconder.
vi) The Chair of a Meeting of Council or a Committee will not move or
second a Motion.
All Members of Council or a Committee will vote on all Motions
except in the instance where the Member refrains from voting on an
issue due to a declaration of a pecuniary interest in the matter by
By-law Number 6228-19 Page 26 of 32
the Member. If any Member does not vote, he/she will be deemed
as voting in the negative (except where prohibited from voting by
statute).
b) Motion under Debate
i) When a Motion is under debate, no other Motion may be
considered except for the following Motions, to be considered in the
listed order of priority:
(a) To adjourn;
(b) To recess;
(c) To table an item;
(d) To put the question to a vote or call the vote;
(e) To defer;
(f) To refer;
(g) To amend.
c) Motion to Adjourn
i) A Motion to adjourn means a Motion to end a Meeting.
ii) A Motion to adjourn is not debatable and shall always be in order
except when:
(a) Another Member is in possession of the floor;
(b) A vote has been called; or
(c) Members are voting.
iii) A Motion to adjourn is not amendable, except when moved to set
future time for adjourning.
iv) A Motion to adjourn shall take precedence over any other Motion
and shall be put immediately without debate.
d) Motion to Recess
i) A Motion to recess means to suspend a meeting for a specific
length of time.
ii) A Motion to recess when other business is before the Meeting:
(a) Specifies the length of time of the recess;
(b) Is debatable as to the length or timing of the recess; and
(c) Can only be amended with respect to the length of the
recess.
e) Motion to Table
i) A Motion to table means to postpone a matter without setting a
definite date for future discussion for a matter. A tabled Motion that
has not been decided on by Council during the term of Council in
which the Motion was introduced is deemed to have been
withdrawn.
ii) A Motion to table:
By-law Number 6228-19 Page 27 of 32
(a) Is not to be amended or debated; and
(b) Applies to the Motion and any amendments thereto under
debate at the time when the Motion to table was made.
iii) If the Motion to table carries, in the absence of any direction from
Council, the matter may not be discussed until the CAO, or a
Member through a Motion, brings it forward to a subsequent
Meeting.
f) Motion “To Put the Question to a Vote” or “To call the Vote”
i) A Motion “To Put the Question to a Vote” or “To call the Vote”
means to stop debate and immediately proceed to vote on the
Motion.
ii) Any Member may request the Chair “To Put the Question to a Vote”
or “To call the Vote” by presenting a Motion that the question “now
be put to a vote.” A Motion to put the question to a vote must:
(a) Be seconded;
(b) Is not open to debate;
(c) Immediately put to a vote without debate;
(d) Requires a 2/3 majority vote to close debate.
g) Motion to Refer
i) A Motion to refer means to direct a matter under discussion by
Council or a Committee to Staff or another Committee for further
examination or review.
ii) A Motion to refer a matter under consideration to a Committee or to
Staff:
(a) Shall be debatable as to the rationale of referring, and
cannot go into the merits of the Motion or subject being
referred; and
(b) May be amended as to the Committee or group to whom it is
being referred, as to the time the Committee or Staff reports
back, and as to directions given to the Committee or Staff;
and
(c) Includes the terms on which the Motion is being referred and
the time at which the matter is to be returned; and
(d) Includes the reasons for the referral.
iii) This Motion may be delayed by the Chair in order to permit
Members on the speaking list to speak.
h) Motion to Defer
i) A Motion to defer means to postpone all discussion on a matter
until a future date or time, one which is established as part of the
Motion.
ii) A Motion to defer to a certain time or date:
By-law Number 6228-19 Page 28 of 32
(a) Is open to debate as to advisability of postponement and
cannot go into the merits of the Motion or subject being
postponed; and
(b) May be amended as to the time or date to which the matter
is to be deferred.
iii) This Motion may be delayed by the Chair in order to permit
Members on the speaking list to speak.
i) Motion to Amend
i) The purpose of this Motion is to modify a Motion. It cannot be used
to directly contradict or negate the effect of another Motion.
ii) A Motion to amend:
(a) Is open to debate; and,
(b) Is to be relevant to the main Motion; and
(c) Is applied to a Motion at one time, and that amendment may
be amended [by a secondary amendment], which then
cannot be amended.
iii) If a Motion to amend is not considered a Friendly Amendment, then
the Motion to amend:
(a) If more than one Motion, will be put to a vote in the reverse
order to that in which they were moved;
(b) Will be decided upon or withdrawn before the main Motion is
put to the vote;
(c) Will not be amended more than once, provided that further
amendments may be made to the main Motion; and,
(d) Will not be directly contrary to the main Motion.
j) Motion Containing Two or More Matters
i) When the Motion under consideration concerns two (2) or more
matters, the Chair, upon the request of any Member, will direct that
the vote upon each matter be taken separately. Such request may
also be made by the Chair.
ii) A vote on the main Motion or the Motion, as amended, may be split
for the purpose of complying with the Municipal Conflict of Interest
Act, or at the discretion of the Chair.
k) Withdrawal of Motion
i) A request to withdraw a Motion:
(a) May only be made by the mover of the Motion;
(b) Requires consent of the seconder of the Motion; and,
(c) Is in order any time during the debate.
l) Adoption in a Single Motion
i) One or more items on an agenda may be adopted in a single
Motion.
By-law Number 6228-19 Page 29 of 32
44. Voting
a) General Rules
i) After a Motion is finally put to a vote by the Chair, no Member
speaks to it nor will any other Motion be made until after the vote is
taken and the result has been declared.
ii) All Members of Council or a Committee will vote on all Motions.
Failure by any Member to announce his/her vote openly and
individually, including an “abstention,” is deemed to be a vote in the
negative.
iii) Each Member present and voting announces or indicates his/her
vote upon the Motion openly and individually, and no vote is taken
by ballot, or any other method of secret voting.
b) Majority Vote
i) A majority means more than half of the Members present, or:
(a) If 7 Members present: 4
(b) If 6 Members present: 4
(c) If 5 Members present: 3
ii) Unless this Procedure By-law states otherwise, a matter passes
when a majority of Members present vote in the affirmative.
iii) Where required in this Procedure By-law, a two-thirds majority
means 2/3 of the Members present, or:
(a) 2/3 of 7: 5
(b) 2/3 of 6: 4
(c) 2/3 of 5: 4
(d) 2/3 of 4: 3
c) Tie Vote
i) Any Motion on which there is a tie vote is deemed to be defeated.
d) Recorded Vote
i) A recorded vote is only permitted at Council Meetings and will be
taken at the request of a Member prior to the commencement of the
vote being taken or immediately thereafter.
ii) A Member of Council’s failure to participate in a recorded vote
when he/she has not declared a pecuniary interest is deemed to be
a negative vote.
iii) A recorded vote at Council Meetings will be taken as set out in a) or
b) below:
(a) Each Member announces his/her vote openly, and the Clerk
records his/her vote in the minutes. Votes are called in
random order as determined by the Clerk.
By-law Number 6228-19 Page 30 of 32
(b) Each Member first indicates his/her vote by using an
electronic device. Each Member’s vote is then electronically
displayed on a screen, and the Clerk announces the
outcome of the vote and records each Member’s vote in the
minutes.
iv) Notwithstanding recorded votes, a record or notation of a Member’s
opposition to an issue is not recorded in any Meeting minutes.
45. Reconsideration of a Matter
a) Council cannot reconsider a matter until six (6) months have passed from
the date of the matter’s original disposition by Council, except upon a vote
in the affirmative of two-thirds majority of the Members present.
b) Decisions which contractually bind the Town shall not be reconsidered.
c) A Motion to reconsider shall be introduced by way of a Notice of Motion
and considered either at the next Council Meeting or at a special Meeting
called to reconsider the Motion unless the Council, without debate,
dispenses with the requirement for a Notice of Motion on a two-thirds vote.
d) A Motion to reconsider is debatable, which debate will be restricted to the
rationale for reconsidering the matter, and no debate of the main Motion
shall be allowed until the Motion for reconsideration is carried.
e) Once the reconsideration Motion has carried, the matter is reopened in its
entirety unless the reconsideration Motion specifies otherwise.
f) If the matter is reopened, all previous decisions of the Council remain in
force until the Council decides otherwise.
g) No Motion to reconsider may, itself, be the subject of a Motion to
reconsider.
h) Notwithstanding the time period set out in s. 45 (a), if a Council matter was
lost as a result of a tie vote due to an absent Member, the matter may be
reconsidered at the next Council meeting via a Motion to reconsider
carried by a majority of the Members present.
46. Point of Order
a) A Member may interrupt the person who has the floor to raise a Point of
Order when such Member feels that there has been:
i) A deviation or departure from this Procedure By-law; or
ii) A deviation from the matter under consideration and the current
discussion is not within the scope of the proposed Motion.
b) Upon hearing such Point of Order, the Chair decides and states his/her
ruling on the matter.
c) Upon hearing the Point of Order ruling, a Member only addresses the
Chair for the purpose of appealing the Chair’s decision to the Council or a
Committee.
By-law Number 6228-19 Page 31 of 32
d) If no Member appeals, the decision of the Chair is final.
e) If a Member appeals the Chair’s ruling to the Council or a Committee, the
Member has the right to state his/her case, the Chair has the right to reply
and the Council or Committee decides the question of whether the
decision of the Chair be sustained without further debate. The decision of
the majority of the Members who are present at the Meeting is final.
47. Point of Personal Privilege
a) A Member may rise at any time on a Point of Personal Privilege where
such Member feels that the health, safety, rights, or integrity of his/her own
person, the Council, a Committee Member, Staff or anyone present at the
Meeting has been called into question by another Member or by anyone
present at the Meeting.
b) Upon hearing such Point of Personal Privilege, the Chair decides and
states his/her ruling on the matter.
c) Where the Chair rules that a breach of privilege has taken place, he/she
demands that the offending Member or individual apologize and, failing
such apology, requires said Member or individual to vacate the Meeting
room for the duration of the Meeting.
d) With the exception of providing an apology, the Member addresses the
Chair for the purpose of appealing the Chair’s ruling of a breach of
privilege to the Council or a Committee.
e) If no Member appeals, the decision of the Chair is final.
f) If a Member appeals the Chair’s ruling to the Council or a Committee, the
Member has the right to state his/her case, the Chair has the right to reply
and the Council or Committee decides the question of whether the
decision of the Chair be sustained without further debate. The decision of
a majority of the Members who are present at the Meeting is final.
48. Public Record
a) All communications that the Clerk receives about a matter on the agenda
of a public or open Meeting will form part of the public record. Personal
information and opinions in communications are part of the public record
unless the author of the communication requests the removal of his/her
personal information when submitting it, or where confirmed by the Clerk.
49. Administrative Authority of Clerk
a) The Clerk is authorized to amend by-laws, minutes and other Council and
Committee documentation for technical, typographical or other
administrative errors and omissions for the purpose of ensuring an
accurate and complete record of proceedings.
b) The Clerk is authorized to create and amend an annotated version of the
Procedure By-law from time to time, to assist Members in complying with
the rules as enforced and interpreted.
By-law Number 6228-19 Page 32 of 32
50. Recording, Broadcasting and/or Live Streaming Meetings
All Meetings with a Quorum of Members shall be audio and/or visually
recorded, broadcast and/or live streamed publically by the Town, with the
exception of Meetings closed to the public provided for in the Closed
Session section of this Procedure By-law.
All Meetings of Committee of Adjustment, Property Standards Committee,
and other quasi-judicial bodies or Committees of the Town shall be audio
and/or visually recorded, broadcast and/or live streamed publically by the
Town, with the exception of Meetings closed to the public provided for in
the Closed Session section of this Procedure By-law.
Attendees using their own recording, broadcasting and/or streaming
devices are encouraged to inform the Clerk or recording secretary to
ensure attendees at the Meeting are notified through the Chair.
d) The approved minutes of a Meeting will form the official record of the
Meeting. Any audio, video, or other record of the Meeting shall not be
considered an official record.
51. Review of Procedure By-law
Council shall review this By-law within the first six (6) months of the
second year of each term of Council.
b) The Clerk shall bring forward housekeeping amendments, as required or
as directed by Council.
52. Severability
Each and every one of the provisions of this Procedure By-law is
severable and if any provisions of this Procedure By-law should, for any
reason, be declared invalid by any Court, it is the intention and desire of
Council that each and every one of the then remaining provisions of this
Procedure By-law shall remain in full force and effect.
53.Enactment
By-law Number 6068-18 be and is hereby repealed.
b) This By-law shall come into full force and effect on January 1, 2020.
Enacted by Town of Aurora Council this I@th day of December, 2019.
Mayor
Michael de Rond, Town Clerk