HomeMy WebLinkAboutCLD-007-11~Cjl~°`~pIl REPORT
CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMIN~~f~A~~pN COMMITTEE
Date: February 7, 2011 Resolution#: ~95"~~ By-law#: ~~//"0/~
Report: CLD-007-11 File#: 6~61_-~09. G~ L'4/, ~.cG
PROCEDURAL BY-LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-007-11 be received;
2. THAT the proposed Procedural By-law included as Attachment No. 1 to Report
CLD-007-11 be forwarded to Council for passage.
Submitted by:
;t~(L.~arrie, CMO
nicipal Clerk
Reviewed by:
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Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-007-11
PAGE 2
1.0 BACKGROUND
The Municipality's Procedural By-law 2007-227 was passed in December 2007.
Since that time, two amendments to it have been approved, one dealing with time
limits of presentations, the other dealing with time limits of delegations. In working
with the By-law since its passage in 2007, several housekeeping matters have
been identified and corrected in the proposed by-law attached.
2.0 MEETING WITH JIM RICHARDS
Mr. Jim Richards has raised some questions and concerns related to the
procedural by-law and met with the Municipal Clerk to address these. During the
meeting, the matters of the use of offensive language, addressing matters not on
the agenda, appearing as a delegation at both GPA and Council on the same
matter and the timing of dealing with a delegation were discussed. The following
outlines those discussions and staffs recommendations:
2.1 Use of Offensive Language
This matter was addressed through Confidential Report LGL-003-10. Mr. Richards
has agreed that the wording in the current by-law is adequate to address his
concerns in this regard and that the section is up to interpretation by the Chair and,
if not agreed to by the members of Council, can be challenged. Accordingly, no
amendment to this section of the by-law is recommended.
2.2 Addressing Matters Not on the Agenda
Mr. Richards raised concern with the fact that an individual is not able to address a
matter at Council if it is not on the Council agenda. The current by-law does
provide that where the Municipal Clerk determines that the matter is of an urgent
nature and there is insufficient time for a delegation respecting it to be heard by
GPA, the delegation may be permitted to speak to Council on the matter. This
REPORT NO.: CLD-007-11
PAGE 3
restriction does not apply to GPA -delegations can appear before Committee on
any matter, whether it is included on the agenda or not. The fact that this provision
exists in the by-law satisfied Mr. Richards' concern.
2.3 Delegations Appearing at GPA and Council
The current By-law does not allow for a delegate to speak to a matter that is the
subject of a report from GPA which is included on the Council agenda, where the
delegate spoke to the matter at the GPA meeting during which the matter was
considered. Should an individual gather further information pertaining to the
matter following the GPA meeting, Mr. Richards questions how they would be able
to advise Council of this. Should this occur under the current By-law, the individual
may inform the Municipal Clerk in writing prior to the commencement of the
Council meeting and this information would be forwarded to Council by way of
memorandum. The individual would not be permitted to make a delegation
addressing the matter at the Council meeting.
Amending the procedural by-law to allow for the individual to address the new
information would place the onus of ensuring the delegate only addresses this new
information on the Chair, placing the Chair in the difficult position of bringing the
delegate back to the subject of the new information should they start to address
the same information they had at GPA. For this reason, it is not recommended
that the procedural by-law be amended to include this provision.
It was the intent of By-law 2007-227 that individuals who spoke at a Public Meeting
which is being reported to Council would not be permitted to address Council on
that matter, to be consistent with the permissions granted to delegates. The
wording of the by-law has been amended to better reflect this.
REPORT NO.: CLD-007-11
PAGE 4
2.4 Timing of Dealing With Delegations and Presentations
Currently all delegations and presentations are heard near the beginning of the
meeting but the direction of GPA or Council with respect to the matter (if it is an
item that is not included on the agenda) is not known until the end of the meeting
under the Unfinished Business section of the agenda. This practice requires an
individual to sit through what can be a lengthy meeting if they wish to hear how the
delegation will be dealt with. The proposed by-law includes a clause that allows
for a motion to be introduced immediately following the delegation in those
instances where the individual is addressing a matter which is not included in the
agenda. In this way, the individual is able to know how their request has been
handled without being required to stay for the remainder of the meeting if they so
choose not to.
3.0 REVIEW OF OTHER MATTERS
The remainder of this report will highlight those areas that are new to the by-law or
which have been reviewed in detail.
3.1. Majority of Votes
Although it has always been understood that unless otherwise provided for in the
procedural by-law a simple majority of votes was required to adopt a motion, this
requirement was never included in the by-law. Section 10.13.7 has now been
included to specifically state such.
3.2 Recorded Votes
The procedural by-law has always included the method of calling for a recorded
vote such that the members are called upon in alphabetical order to cast their vote.
A review of procedural by-laws from other municipalities has shown that some
REPORT NO.: CLD-007-11
PAGE 5
municipalities start the recorded vote with the member who requested the vote,
and then proceed alphabetically from there until all members of Council have
voted, with the Chair voting last. Our proposed by-law now includes this provision.
Should the recorded vote be requested by the Mayor, the voting will be in
alphabetical order of the members present and voting, still with the Mayor voting
last.
3.3. Notices of Motion
Recently discussion has occurred regarding the use of "Notices of Motion" for
introducing new items of business. The Municipal Act was amended in 2007 and
the revisions placed a much higher standard of transparency and accountability on
municipal governments. The notice of motion requirement in our existing
procedural by-law is included to ensure that Council is not considering, debating
and passing resolutions for which the public has not been provided advance
notice. The public is afforded the opportunity of reviewing the agenda once it has
been published and, if they desire, to register as a delegate to address any items
included on the agenda. The publication of the Notice of Motion ensures that the
public has that opportunity. Although the practice of always relying on the notice
of motion provision in the by-law could pre-empt the usual, and preferred, practice
of having staff review a matter and presenting a report on their findings and
recommendations, it is not recommended this provision be removed from the
procedural by-law. Each of the local municipalities within the Region, and the
Region of Durham, has the same provision for introduction of new items of
business in their procedural by-laws. Should a matter be introduced through a
Notice of Motion which Council believes would benefit from a full review by staff, a
motion should come forward to refer the matter to the appropriate department to
allow for that review to take place and for a report to be submitted to the General
Purpose and Administration Committee for deliberation.
REPORT NO.: CLD-007-11
3.4 Motion to Amend Previous Action of Council
PAGE 6
The current By-law contains provisions for a motion to be reconsidered or
rescinded. Reconsideration of a matter has the effect of allowing a motion to
proceed as though it had never been previously voted on. Rescinding a motion
undoes the action taken by the motion, provided it has not been acted upon.
Should Council wish to amend a motion previously adopted, the by-law does not
address a procedure for doing so, however, Roberts Rules of Order specifically
allows for it. The proposed by-law includes this provision, with no time limit as to
when it can be introduced. As with a rescinding motion, this motion requires a
majority vote of the member present provided that advance notice has been given
and, in the case that the notice has not been given, it requires atwo-thirds majority
vote.
3.5 Request to Speak as a Delegation
The current By-law states that delegations must notify the Municipal Clerk no later
than close of business on the Friday preceding the GPA or Council meeting.
Following this time, the Clerk's Department staff prepare a memorandum to advise
members of council, staff and the press of the updated delegation list and any
pertinent information that is required for the meeting. The proposed by-law
amends this time to 15 minutes prior to close of business to allow for the
memorandum to be prepared and distributed prior to the close of business.
3.6 Department Chairs
The current By-law refers to the appointment of Department Chairs. The proposed
by-law amends the reference from Department Chairs to Department Liaisons to
better reflect the role. Nothing else with respect to the position is being amended.
REPORT NO.: CLD-007-11
PAGE 7
3.7 Presentations
The current By-law defines presentations as:
a) Civic recognition /awards;
b) Presentations by Municipal staff or consultants retained by the Municipality;
c) Presentations of information related to Special Committees of Council;
d) Presentations from senior levels of government or other municipal
governments; or
e) Other presentations as deemed appropriate by the Municipal Clerk.
When By-law 2007-227 was first approved, there was no time limit for
presentations. With the adoption of amending By-law 2008-205, a time limit of 10
minutes was put in place for the presentations included in c) and e) above. Given
that delegations are now afforded 10 minutes rather than the 5 minutes when the
by-law was originally passed, it is unnecessary for the items listed in c) and e)
above be included in the Presentation section of the agenda. The proposed
by-law has removed them from the definition of Presentation and these matters will
be included in the Delegation portion of the agenda.
Some members of Council have indicated that they believe the agenda should be
set up such that Delegations are heard prior to Presentations. In this way, the
public would not be required to sit through lengthy presentations if they choose not
to. If is not staff's recommendation that the order be changed. Many times there
are numerous delegations listed for a meeting. If civic recognition/awards are
being given out or members from senior levels of government are addressing
members of Council, staff do not believe they should be required to wait until all
REPORT NO.: CLD-007-11
PAGE 8
delegations are heard. If Council wishes to hear delegations prior to some of the
presentations that may be included on the agenda, a motion to alter the agenda
can be introduced. This motion to alter the agenda requires a simple majority vote
to carry.
3.8 Delegations
Some municipalities have included a limit on the number of delegations permitted
to address Council and committee at each meeting. As stated earlier in this report,
the amendment to the Municipal Actin 2007 placed a higher standard of
transparency and accountability on municipal governments. In staff's opinion,
limiting the number of delegations is in direct opposition to this expectation. All
members of the public should be afforded to address their members of Council if
they so choose. For this reason, it is not recommended that the procedural by-law
be amended to include this provision. In instances where there are an extreme
number of delegations on a given matter, in order to maintain the flow of the
meeting the Chair may consider encouraging the delegates to limit their comments
to new information and not repeat that which has already been stated.
3.9 By-laws
Historically, municipal by-laws have been passed through the practice of receiving
three readings. There is no basis in law for this practice. Rather, it has been
adopted from the procedures at the Federal and Provincial levels where a matter
receives first reading and then is referred to committee prior to receiving the
second and final readings. The procedural by-law has. been amended to reference
the passing of the by-laws rather than having them receive three readings.
REPORT NO.: CLD-007-11
4.0 RECOMMENDATIONS
PAGE 9
As stated earlier in this report, the current Procedural By-law has been in place
since 2007. In working with the By-law, staff have identified some areas which
require amendment and members of the public have brought forward concerns
that they have with respect to the By-law. The proposed by-law addresses these
concerns and it is, therefore, respectfully recommended that it be forwarded to
Council for passage.
BY-LAW 2011-
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Purpose and Administration
Committee and Special Committees, and to repeal By-law 2007-227,
as amended
WHEREAS Section 238 of the Municipal Act, 2001; as amended, requires Council to
adopt a procedure by-law for governing the calling, place, proceedings of meetings and
for public notice of meetings;
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:.
Section 1 -Definitions and Interpretation
1.1 . SHORT TITLE: This By-law may be cited as the "Procedural By-law"
1.2 For the purposes of this By-law, unless stated otherwise or the context
requires a different meaning:
Chair:
In the case of the Council means the Mayor, Deputy Mayor, or the Member of Council
appointed to ad as Chair during the absence of the Mayor and Deputy Mayor from a
Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all
of the powers and responsibilities of the Mayor under this Procedural By-law.
In the case of the GPA, Chair means the Mayor, Deputy Mayor or Department Liaison,
whoever presides over a portion of a Meeting of GPA as provided for in subsection
5.1.1 b), of this Procedural By-law.
In the case of a Special Committee, Chair means the Member appointed as such by
Council pursuant to subsection 5.2.3 of this Procedural By-law.
In the case of asub-committee of a Special Committee, Chair means the Member
appointed as such by the Special Committee pursuant to subsection 5.2.3 of this
Procedural By-law.
Committee means a committee of Council and includes Standing Committees, or sub-
committees of the Standing Committees and Special Committees.
Council means the Council of the Municipality of Clarington.
Councillor means a person elected or appointed as a Member of Council but does not
include the Mayor.
Delegation means a person desiring to verbally present information on matters of fact,
or to make a request to Council, GPA or a Special Committee, as the case may be.
Department Liaison means a Member appointed as such pursuant to subsection
5.1.1 b) of this Procedural By-law.
Deputy Mayor means the Member of Council who is appointed to this position who, in
the absence of the Mayor, shall exercise all of the powers and responsibilities of the
Mayor as provided for in this By-law or any other by-law or statute.
GPA means the General Purpose and Administration Committee of Council
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Holiday means a holiday as defined by the Legislation Act, S.O. 2006, Chapter 21,
Schedule F.
Mayor means the Head of Council.
Meeting means a regular or special meeting of Council, GPA, or a Special Committee
of Council, as the context requires.
Member means a Member of Council.
Municipal Act, 2001 means the Municipa! Act, 2001, S.O. 2001, c.25, as amended or
replaced from time to time.
Municipal Clerk means the Clerk of the Municipality of Clarington and includes [he
Deputy Clerk and any official of the Municipality appointed by Council to exercise the
power(s) of the Municipal Clerk in the absence df the Municipal Clerk and Deputy Clerk.
Municipal Conflict of Interest Act means the Municipa! Conflict of Interest Act, R.S.O.
1990, c.M.14, as amended or replaced from time to time.
Municipal Elections Act, 1996 means the Municipal Elections Act, 1996, S.O. 1996,
c.32, as amended or replaced from time to time.
Municipal Freedom of Information and Protection of Privacy Act means the
Municipal Freedom of Information and Profecfion of Privacy Act, R.S.O. 1990, c.M.56,
as amended or replaced from time to time.
Municipality means the Municipality of Clarington.
Notice of Motion means a written notice, including the names and signatures of the
mover and seconder, advising Council that the motion described therein will be brought
forward at a subsequent meeting.
Pecuniary Interest has the same meaning as the term has in the Municipal Conflict of
Interest Act, R.S.O. 1990, c.M.50, as amended or replaced from time to time.
Planning Act means the Planning Act, R.S.O. 1990, c.P.13, as amended or replaced
from time to time.
Point of Order means a statement made by a Member of Council during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
Point of Privilege means the raising of a question that concerns a Member of Council,
or all of the Members of Council, when a Member believes that his rights, immunities or
integrityorthe rights, immunities or integrity of Council as a whole have been
challenged.
Presiding Member means the Member appointed to act as Chair pursuant to
subsections 7.1.3 and 8.1.1 of this Procedural By-law.
Procedural Motion means any motion concerning the manner or time of consideration
of any matter before the Council as opposed to the substance thereof and includes,
without limitation, the following:
a) To extend the time of the Meeting;
b) To refer;
c) To amend;
d) To recess;
e) To table;
f) To lift from the table;
g) To adjourn;
h) To defer indefinitely or to a certain day;
i) To divide;
j) Question be now put; or
k) To suspend the Rules of Procedure.
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Public Meeting means a hearing, a public meeting, or a public workshop held in
accordance with the Planning Act or any other Act, for which notice has been given and
during which any person in attendance shall be provided an opportunity to make
representation in respect of the matter for which the Public Meeting is held.
Recorded Vote means the written record of the name and vote of every Member
present when the vote is called on any matter or question.
Rules of Procedure means the rules and requirements of this Procedural By-law.
Special Committee means a Special Committee of Council appointed pursuant to
subsection 5.2.3 of this Procedural By-law.
Standing Committee means the General Purpose and Administration Committee of
Council.
Substantive Motion means any motion other than a Procedural Motion and includes
but is not limited to, a motion that embodies and/or establishes a policy, ratifies an
action, or gives direction on a matter.
Website means the Municipality's website address at www.clarington.net.
1.3 Unless the context otherwise requires, in this Procedural By-law the words
used in the male gender shall include the female gender and the singular
includes the plural, and vice versa.
Section 2 -General Provisions
Applicability
2.1 Without derogating from the other provisions of this Procedural By-law, the
rules and requirements contained in it shall be observed in all proceedings
of Council, GPA and Special Committees and shall be the rules and
requirements which govern the order of their business.
Suspension of Rules or Procedure
2.2 Despite subsection 2.1, the rules and requirements contained in this
Procedural By-law may be suspended by a vote of three-quarters (3/4) of
the Members present and voting.
Issue not Addressed
2.3 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal
to the Council, GPA or Special Committee, in session, as the case may be.
Section 3 -Duties of the Mavor and Council
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor to carry out the responsibilities set forth in
the Municipal Act, 2001, section 225, and:
a) To open the Meeting of Council and GPA by taking the Chair and
calling the Members to order;
b) To announce the business before Council in the order in which it is
to be acted upon;
c) To receive and submit, in the manner prescribed by this Procedural
By-law, all motions presented by the Members of Council
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d) To recognize any Member who wishes to speak and to determine
the order of the speakers;
e) 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 results;
f) To vote on all motions, which are moved and seconded, or
necessarily arise in the course of the proceedings;
g) To decline to put to vote, motions which contravene the provisions
of this Procedural By-law;
h) To enforce the provisions of this Procedural By-law;
i) To enforce on all occasions, the observance of order and decorum
among the Members;
j) To call by name, any. Member refusing to comply with this
Procedural By-law and to order the Member to vacate the Council
Chamber, or the place of Meeting, as the case may be;
k) To cause to be expelled and excluded any member of the public
who creates any disturbance or acts improperly during a Meeting
and, if necessary, to direct the Municipal Clerk to seek the
appropriate assistance from the Durham Regional Police;
I) To authenticate, by signature, all by-laws and Meeting minutes;
m) To rule on any points of order raised by Members of Council;
n) To adjourn the Meeting when the business is concluded, or if
considered necessary because of grave disorder, to adjourn the
sitting without putting to the vote any question, or suspend the
sitting for a time to be named.
3.2 Appointment of Deputy Mayor
3.2.1 At the first meeting of Council or as soon thereafter as is practical, Council
shall appoint a Member to act as a Deputy Mayor in the absence of the
Mayor. During any such absence of the Mayor, the Deputy Mayor shall
exercise all of the. powers and responsibilities of the Mayor under this By-
law orany other by-law or statute.
3.2.2 Further to the appointment referenced in subsection 3.2.1, Council, in its
discretion, may appoint a Member to act as Deputy Mayor for the term of
Council. Alternatively, Council may appoint two Members of Council each
of whom shall act as Deputy Mayor during periods of the term of Council
which are specified in the appointment.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts
and the Chair's position on any matter before the Council, GPA, or a Special
Committee without leaving the chair, which may take place immediately
prior to the vote, but it shall not be permissible for the Chair to move a
motion or debate a question without first leaving the chair.
3.3.2 If during a Meeting of Council the Mayor desires to leave the chair to move
a motion or to take part in the debate pursuant to subsection 3.3.1, or
otherwise, the Mayor shall call on the Deputy Mayor to preside until the
Mayor resumes the chair.
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3.3.3 If, at a Committee Meeting, the Chair desires to IeaVe the chair to move a
motion or to take part in the debate pursuant to subsection 3.3.1, or
otherwise, the Chair shall call on the Mayor to preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall be called upon to preside until the Mayor resumes the
Chair.
3.4 Duties of a Member of Council
3.4.1 A Member of Council shall have the following duties:
a) to deliberate on the business submitted to Council, GPA or Special
Committee of Council, as the case may be;
b) to vote when a motion is put to a vote;
c) to Chair the portion of the GPA Meeting for which he is the
Department Liaison and assume the duties of the Mayor as detailed
in subsection 3.1.1 with the exception of subsections 3.1.1 a), I)
and o); and
d) to apply and respect the Rules of Procedure.
Section 4 -Meetings
4.7 Regular Meetings
4.1.1 Unless otherwise directed by Council, the regular Meetings of Council and
GPA shall be held in the Council Chambers, Municipal Administrative
Centre, 40 Temperance Street, Bowmanville, ON and at the dates and
times as determined by Council resolution.
4.1.2 Unless otherwise directed by Council, the Special Committee Meetings shall
be scheduled by the Special Committee Chair at times and locations as
deemed appropriate to the mandate of the Special Committee.
4.2 Special Meetings
4.2.1 In addition to regular Meetings, special Meetings of Council or GPA shall be
held upon written direction signed by the Mayor and delivered to the
Municipal Clerk stating the date, time, location, and purpose of such
Meeting.
4.2.2 The Mayor may, at any time, summon a special Meeting of Council or GPA
and shall summon a special Meeting of Council or GPA when requested to
do so in writing by a majority of Members, at the time mentioned in the
request.
4.2.3 The Municipal Clerk shall summon a special Meeting of Council or GPA,
when requested to do so in writing by a majority of the Members, at the time
mentioned in the request.
4.2.4 Notwithstanding subsection 4.2.1, on urgent and extraordinary. occasions,
an emergency special Meeting of the Council may be called by the Mayor,
without advance notice being given by the Municipal Clerk pursuant to this
by-law, to consider and deal with such urgent and extraordinary matters. In
this case, consent of two-thirds of the Members to hold such Meeting is
necessary and such consent, if any, shall be recorded in the minutes by the
Municipal Clerk.
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4.3 First Meeting of Council
4.3.1 The first Meeting of Council shall be held on the first Monday after Council
takes office pursuant to the Municipal Elections Act, 1996, at 7:00 pm in the
Council Chambers, Municipal Administrative Centre, 40 Temperance Street,
Bowmanville, ON.
4.4 Seating and Persons within Council Ring
4.4.1 Seating at the Council table shall be in alphabetical order of the Members'
surname, beginning in the most north/east position and proceeding
clockwise.
4.4.2 Only Members of Council and the Municipality's staff shall be permitted to
enter the Council floor during the sitting of Council, GPA or Special
Committee without the permission of the Mayor or Committee Chair.
4.4.3 No person, other than a Member of Council or the Municipality's staff, shall
before or during a Meeting, place on the desks of Members or otherwise
distribute any material whatsoever unless such person is so acting with the
approval of the Mayor or Committee Chair.
4.4.4 Members of Council leaving their places prior to the adjournment shall
endeavour to do so in a manner so as not to disrupt the proceedings of
Council or Committee.
4.5 Quorum
4.5.1 A quorum of Council and the GPA shall be four (4) Members. A concurring
vote of a majority of Members present and voting is necessary to carry a
resolution. A quorum of a Special Committee shall be a majority of the
Members of the Special Committee.
4.5.2 If a quorum is not present within thirty (30) minutes after the time appointed
for a Meeting, the Municipal Clerk, or designate, shall record the names of
the Members present and the Meeting shall stand adjourned until the date
of the next regular Meeting or other Meeting called in accordance with this
Procedural By-law.
4.5.3 If during the course of a meeting, a quorum is lost, the Chair shall declare
that the meeting shall stand recessed temporarily or be adjourned until the
date of the next regular meeting or other meeting called in accordance with
the provisions of this By-law.
4.6 Meetings Open to Public
4.6.1 Subject to subsection 4.7, Meetings shall be open to the public and no
person shall be excluded there from except for improper conduct.
4.7 Closed Meetings
4.7.1 Council, GPA or a Special Committee may, by resolution, close a Meeting
or part of a Meeting to members of the public in accordance with subsection
239(2) of the Municipal Act, 2001.
4.7.2 Council, GPA or a Special Committee shall, by resolution, close a Meeting
or part of a Meeting to members of the public where the subject matter to be
considered is a request under the Municipal Freedom of Information and
Protection of Privacy Act.
4.7.3 Council, GPA or Special Committee may hold a Meeting closed to the public
where the Meeting is held for the purpose of educating or training the
Members and at the Meeting no Member discusses or otherwise deals with
any matter in a way that materially advances the business or decision-
making of the Council, GPA or Special Committee.
_7_
4.7.4 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the matter to be considered at the closed
Meeting.
4.7.5 Where a Meeting or part of a Meeting is closed to the public, Council, GPA
or the Special Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council, GPA or the Special Committee and only
those persons specifically invited to attend the closed Meeting shall
be permitted to attend; or
b) request those persons not specifically invited to the closed Meeting
to vacate the Council Chambers, or such room in which the
Meeting is being held, as the case may be.
4.7.6 A Meeting shall not be closed to the public during a vote except where the
meeting is a closed Meeting permitted or required by statute, and where the
vote is fora procedural matter or for giving directions or instructions to
officers, employees or agents of the Municipality or persons retained under
contract with the Municipality.
4.7.7 Notwithstanding subsection 4.7.6, the vote on a resolution approving a
contract for the acquisition or disposal of land, including the sale of road
allowances, shall be conducted in open session.
4.8 Notice of Meeting
Regular Meetings
4.8.1 In December of each year, public notice of the regular Meeting schedule for
the following year shall be published in the newspapers of general
circulation in the Municipality and posted on the Website. This notice of all
Meetings shall include the date, time and location of the Meetings.
4.8.2 Pursuant to Section 238 of the Municipa! Act, 2001 public notice of each
regularly scheduled Meeting shall be deemed to be given by making the
agenda available in the Municipal Clerk's Office by end of business day of
the Friday preceding the regularly scheduled Meeting and on the Website.
For special Meetings notice shall be posted on the Website as soon
practical preceding the meeting.
4.8:3 Notice of amendment to the Schedule of regular Meetings shall be posted
on the Website at least one week prior to the amended Meeting date where
practical to do so.
Special Meetings
4.8.4 Notice of special Meetings shall be posted on the Website not less than
twenty-four (24) hours before the time appointed for the special Meeting.
4.8.5 In addition to the notice provided for in subsection 4.8.4, written notice of a
special Meeting of Council, GPA or Special Committee shall be given to all
Members at least twenty-four (24) hours before the time appointed for such
Meeting and shall be delivered:
a) in hardcopy to the Councillors' Offices located at the Municipal
Administrative Centre; and
b) electronically via email to their Municipal email address.
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4.8.6 The written notice referred to in subsection 4.8.5 above shall indicate the
nature of the business to be considered at the special Meeting of Council,
GPA or Special Committee and the date, time and place of the Meeting.
Emergency Special Meetings
4.8.7 Where an Emergency special Meeting of Council is held in accordance with
subsection 4.2.4, notice of the Emergency special Meeting shall be posted
on the website as soon as practical following the Emergency special
Meeting and shall, subject to subsection 4.7.1, indicate the nature of the
business considered at the Emergency special Meeting.
4.9 Adjournment-.Due Hour
4.9.1 Except as provided in subsection 10.12.34, a regular or special Meeting of
Council, GPA or Special Committee shall adjourn at the hour of 11:00 pm, if
in session at that time, and shall reconvene at such other day and time as
Council, GPA or Special Committee, by resolution, may direct.
Section 5 -Committees
5.1 General Purpose and Administration Committee
5.1.1 There shall be one Standing Committee of Council, namely the General
Purpose and Administration Committee of Council which shall be organized
as follows:
a) The GPA shall be comprised of all Members of Council.
b) Each Member shall be appointed as a Department Liaison as soon
as is practical after the first Meeting of Council or a vacancy occurs
for which he has been appointed Department Liaison. The
Department Liaison shall take the chair during that portion of the
GPA meeting dealing with the matters pertaining to the Department
for which he has been appointed Department Liaison.
c) The Mayor shall call the meeting to order, preside during
presentations and delegations, and chair that portion of the meeting
dealing with the matters pertaining to the Department for which he
has been appointed Department Liaison. As well, the Mayor shall
chair those portions of the meeting dealing with matters raised
under Other Business or continued to be considered under
Unfinished Business of the agenda and the motion to adjourn.
5.2 GPA Mandate
5.2.1 The GPA shall consider all reports submitted to it by the Chief
Administrative Officer or Director of a Department, except where the GPA
tables or refers the report back to the Chief Administrative Officer or Director
of a Department for further processing or to answer questions raised by the
GPA. In all cases in which the GPA makes recommendations respecting
such matters, the GPA shall forward such recommendations by way of
Committee report to Council for consideration at the next regular Meeting of
Council. In addition, the GPA shall report to Council on any matter within
the jurisdiction of the Municipality and any other matter referred to it by
Council and exercise such powers as may be delegated to it by Council.
Exceptions
5.2.2 Notwithstanding the GPA Mandate outlined in subsection 5.2.1 and the
provisions of subsection 9.4.1, Council may consider any matter without
referring it to GPA and may withdraw a matter from GPA at any time.
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5.2.3 Notwithstanding the GPA mandate outlined in subsection 5.2.1, Council
may at any time appoint one or more Members to a Special Committee and
appoint one of such Members the Chair of the Special Committee. A
Special Committee shall enquire into and report on any matter assigned to it
by Council. A Special Committee may appoint asub-committee of the
Special Committee and the chair of the sub-committee to assist the Special
Committee in performing its mandate.
5.3 Appointments to Municipal Service Boards, Advisory Committees and
Corporations
5.3.1 The appointments of persons to Municipal Service Boards, Advisory
Committees and to the board of directors of Veridian Corporation shall be
considered by Council as soon as practical following the first Meeting of
Council, or as soon as practical after a vacancy occurs.
Section 6 - Anendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the regular Meetings of
Council:
Meeting Called to Order
Invocation
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Presentations
Delegations
Communications
Committee Report(s)
Staff Report(s)
Business Arising from Notice of Motion
Unfinished Business
By-laws
Notices of Motion (for consideration at subsequent Meeting)
Other Information
Confirming By-law
Adjournment
6.1.2 The agenda shall be placed in each Members' mail box at the Municipal
Administrative Centre no later than 12:00 noon the Friday preceding the
commencement of the regular Council Meeting in question.
6.1.3 The business of Council shall be considered in the order as it appears on
the agenda, unless otherwise decided by a vote of the majority of the
Members present and voting.
6.2 GPA Agenda
6.2.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the regular meetings of
GPA:
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Meeting Called to Order
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Presentations
Delegations
Public Meetings
Staff Reports
• Planning Services Department
• Engineering Services Department
• Operations Department
• Emergency and Fire Services Department
• Community Services Department
• Municipal Clerk's Department
• Corporate Services Department
• Finance Department
• Solicitor's Department
• Chief Administrative Office
Unfinished Business
Other Business
Communications
Confdential Reports
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GPA agenda is placed in each
Member's mail box at the Municipal Administrative Centre no later than
12:00 noon the Friday preceding the commencement of the regular
Committee Meeting.
6.2.3 The business of GPA shall be considered in the order as it appears on the
agenda for its Meeting, unless otherwise decided by a vote of the majority of
the Members present and voting.
6.3 Special Committee Agendas
6.3.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the meetings of the
Special Committee:
Meeting Called to Order
Disclosure of Pecuniary Interest
Adoption of Minutes
Matters of Business
Adjournment
6.3.2 The Municipal Clerk shall ensure that the Special Committee agenda is
placed in each Member's mail box at the Municipal Administrative Centre no
later than 24 hours preceding the commencement of the Special Committee
Meeting.
6.3.3 The business of Special Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
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6.4 Meeting Minutes
6.4.1 The Municipal Clerk, or designate, shall cause minutes to be taken of each
Meeting of Council, GPA or a Special Committee, whether it is closed to the
public or not. These minutes shall include:
a) the place, date and time of Meeting;
b) the names of the Chair or Chairs and a record of the attendance of
the Members; should a Member enter after the commencement of a
Meeting or leave prior to adjournment, the time shall be noted;
c) the reading, if requested, correction and confirmation of the minutes
of prior Meetings:
d) declarations of pecuniary interest;
e) all resolutions, decisions and all other proceedings of Council, GPA
or Special Committee, as the case may be, without note or
comment.
6.4.2 Where the minutes have been delivered to the Members in advance of the
Meeting, the minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
6.4.3 Fallowing approval of the minutes, the minutes shall be signed by the Mayor
and the Municipal Clerk or designate.
6.4.4 The Municipal Clerk, or designate, shall ensure that the minutes of the last
regular and/or special Meetings of Council, GPA and Special Committee
held more than five (5) days prior to a regular Meeting are included in the
agenda prepared in accordance with subsections 6.1, 6.2 and 6.3 of this
Procedural By-law.
Section 7 - Order of Proceedings -Council
7.1 Call to Order
7.1.1 As soon as a quorum is present after the hour set for the Meeting; the
Mayor shall take the chair and call the Members present to order.
7.1.2 If the Mayor does not attend within fifteen (15) minutes after the time set for
the Meeting and a quorum is present, the Deputy Mayor shall preside over
the Meeting and shall exercise all duties and responsibilities of the Mayor as
outlined in this Procedural By-law until the Mayor is present at the Meeting
and is able to pertorm his responsibility to assume the chair.
7.1.3 If the Deputy Mayor is also not present within ffteen (15) minutes after the
time set for the Meeting and a quorum is present, the Municipal Clerk, or
designate, shall call the meeting to order, and the Members present shall
appoint a Presiding Member who shall act as Chair of the Meeting until the
arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is
able to assume the chair.
7.2 Disclosure of Pecuniary Interest
7.2.1 All Members shall govern themselves at any Meeting in accordance with the
current legislation respecting any disclosure of pecuniary interest and
participation in the Meeting. Should a Member declare a pecuniary interest,
he shall vacate the room in which the meeting is taking place.
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7.3 Announcements
7.3.1 During this portion of the Meeting; when recognized by the Chair, Members
may announce or comment on community events and activities.
7.4 Presentations
7.4.1 At the request of a Member of Council or the Municipality's staff, any
person(s), organization(s), corporations(s), or appointed official(s) may be
permitted to address the Members to inform them of matters of signifcance
to the Municipality provided that the request has been submitted to the
Municipal Clerk by 12:00 noon the Wednesday preceding the Meeting.
Presentations shall include only the following:
a) Civic recognition /awards;
b) Presentations by Municipal staff orbonsultants retained by the
Municipality; or
c) Presentations from senior levels of government or other municipal
governments.
7.4.2 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the presenter(s) contact the
Municipal Clerk's Department to register for the Meeting. Presentations
must be provided to the Municipal Clerk's Department no later than close of
business the Friday preceding the commencement of the Meeting.
Presentations will not be installed once the meeting has begun.
7.5 Delegations
7.5.1 See Section 9.
7.6 Communications
7.6.1 Every written communication, designed to be presented to Council, shall be
legibly written or printed, shall not contain any impertinent or improper
matter or language, shall identify the author(s), and shall be filed with the
Municipal Clerk before it is presented to Council.
7.6.2 Every written communication shall be delivered to the Municipal Clerk no
later than Wednesday noon before the commencement of the Meeting. The
Municipal Clerk shall determine whether it should be included in the agenda
for the Meeting. The Municipal Clerk shall ensure that a summary of the
content of the communication and a recommendation for disposal is
prepared and included in the agenda.
7.6.3 Notwithstanding subsection 7.6.2, and at the discretion of the Municipal
Clerk, correspondence received after noon on Wednesday and prior to the
commencement of the meeting of Council, which is of an urgent nature or
directly relevant to a matter on the agenda for the Meeting, may be
communicated to Council by way of memo to Members from the Municipal
Clerk. The memo shall include a summary of the content of the
communication and a recommendation respecting the disposition of it.
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7.7 Committee Reports
7.7.1 Reports of GPA and Special Committees shall be listed under this section of
the Council agenda.
7.7.2 Reports of GPA and Special Committees may be disposed of through a
single resolution for each report as presented. Alternatively, any Member
may request that one or more recommendations contained in the Report be
separated and voted on separately.
7.8 Staff Reports
7.8.1 Notwithstanding subsection 8.7.1, the Staff Reports section of the Council
agenda shall include any staff report that due to timing, urgency, the
important nature of the report and/or expediency, the Chief Administrative
Officer determines should be considered by Council without first being
presented to GPA for consideration.
7.9 Business Arising from Notice(s) of Motion
7.9.1 A Notice of Motion properly given at a previous Council meeting, in
accordance with subsection 7.12, or which has been delivered to the
Municipal Clerk prior to 12:00 noon the Wednesday preceding the Meeting
at which it is to be presented for consideration, shall be listed on the agenda
for the Meeting, and shall be dealt with at that Meeting, subject to
subsections 7.12.2 and 7.12.3.
7.10 Unfinished Business
7.10.1 Any matters presented, considered, referred or tabled or any items not
othenxise disposed of through the consideration of an agenda matter, shall
be disposed of during this portion of the Meeting.
7.11 By-laws
7.11.1 No by-law, except:
• a by-law to conf rm the proceedings of Council;
• a by-law granting authority to borrow under the authority of the Municipal
Act, 2001;
• by-laws appointing persons affiliated with private parking authorities to
enforce the municipal parking by-law; or
• any by-law arising as the result of an order or decision of any judicial or
quasi-judicial body;
shall be presented to Council unless the subject matter thereof has been
considered by Council or by GPA and has been approved by Council.
7.11.2 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of the by-law, at which time the subject by-law shall be
removed from the motion and dealt with separately.
7.11.3 Every by-law when introduced, shall be in typewritten form, and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provision of any Statute, and shall be
complete with the exception of the number and date of the by-law.
7.11.4 The Municipal Clerk shall endorse on all by-laws enacted by Council, the
date of the several readings.
7.11.5 Every by-law which has been enacted by Council shall be numbered and
dated, signed by the Mayor and the Municipal Clerk, sealed with the seal of
the Municipality, and retained under the control of the Municipal Clerk.
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7.12 Notice(s) of Motion
7.12.1 Notices of Motions introducing new matters, except for those motions listed
under subsection 10.12.8 (motions without notice, without leave and without
debate) shall be given to the Municipal Clerk, in writing and signed by the
mover and seconder at a meeting of Council, but shall not be debated until
the next regular meeting of Council.
7.12.2 Where a Notice of Motion has been given under subsection 7.12.1, the
Notice of Motion shall be printed in full in the Agenda, under "Business
Arising from Notice of Motion" for that meeting of Council and each
succeeding meeting until the motion is considered or otherwise disposed.
7.12.3 When a Member's Notice of Motion has been called by the Chair at two
successive meetings and not proceeded with, it shall be removed from the
agenda for all subsequent Meetings, unless Council otherwise decides.
7.12.4 Notwithstanding anything contained in this subsection 7.12, a motion
introducing new matters may be introduced without notice to Council, upon
suspending the rules in accordance with subsection 2.2.
7.12.5 During a meeting of GPA, a motion may be introduced by a Member without
Notice, in accordance with subsection of 8.10.1.
7.13 Other Business
7.13.1 Items of an "information nature only" shall be raised under the Other
Business section of the agenda.
Section 8 -Order of Proceedings -GPA
8.1 Call to order
8.1.1 See subsection 7.1.
8.2 Disclosure of Pecuniary Interest
8.2.1 See subsection 7.2
8.3 Announcements
8.3.1 See subsection 7.3.
8.4 Presentations
8.4.1 See subsection 7.4.
8.5 Delegations
8.5.1 See section 9.
8.6 Public Meetings
8.6.1 Public Meetings shall be conducted in the following manner:
a) The Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be
conducted
b) A member of the Municipality's staff shall address the GPA to
present the matter to the GPA.
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c) Members of the public shall then be permitted to make
representation regarding the matter. The order in which members
of the public shall be heard is those opposed, those in support, and
then the applicant or agent who is present and indicates his desire
to be heard.
8.7 Staff Reports
8.7.1 Reports from the Municipality's staff shall be submitted to GPA for
consideration.
8.8 Communications
8.8.1 Notwithstanding subsection 7:6, the following written communications may
be presented to GPA and shall be printed at the end of the agenda under
the heading Communications or shall be distributed to Members of GPA
under separate cover, incases in which the timing of receipt of the
communication is between the printing of the agenda and the
commencement of the Meeting:
a) written submissions regarding a matter for which a Public Meeting
is scheduled and the author has requested that the communication
be distributed to Members at the Public Meeting; or
b) written communications that have been referred to GPA by Council.
8.9 Unfinished Business
8.9.1 See subsection 7.10.
8.10 Other Business
8.10.1 Members may introduce any other business, not otherwise disposed of
under any other section of the agenda.
Section 9 -Delegations
9.1 General
9.1.1 Where a single Delegation comprises more than five persons, only two of
them may make verbal submissions to Council, GPA or the Special
Committee, as the case may be. The Delegation shall be limited to the time
fixed by subsections 9.3.2 or 9.4.2, whichever is applicable.
9.1.2 Without leave of Council, members shall have one opportunity to ask
questions of Delegations for the purpose of clarifying their submissions only
or to elicit further information from them that is relevant to their submissions.
9.1.3 Where a Delegation wishes to provide Members with a petition andlor a
written communication supporting the Delegation's comments, the petition
and/or communication shall be provided to the Municipal Clerk, or
designate. The written communication may be distributed to the Members at
the discretion of the Municipal Clerk, or designate.
9.1.4 Municipal audio visual equipment may be used to assist in delegations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the presenter(s) contact the
Municipal Clerk's Department to register for the Meeting. Delegations must
be provided to the Municipal Clerk's Department no later than close of
business the Friday preceding the commencement of the Meeting.
Presentations will not be installed once the meeting has begun.
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9.2 To Council
9.2.1 Delegations shall be restricted to speaking to matters included on the
Council agenda for the Meeting in question.
9.2.2 Notwithstanding subsection 9.2.1, Delegations shall not be permitted to
speak to a matter that is the subject of Report from GPA which is included
on the Council agenda, where the Delegation spoke to the matter at the
GPA meeting, including a Public Meeting, which is being reported to
Council
9.2.3 Notwithstanding subsection 9.2.1, where the Municipal Clerk determines
that the matter is of an urgent nature and there is insufficient time for a
Delegation respecting it to be heard by the GPA, subject to subsection
9.2.4, the Delegation may be permitted to speak to Council on the matter.
Request to Speak -Required
9.2.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the Council Meeting and
shall state the nature of the issue they wish to address.
Time Limits
9.2.5 Each Delegation to Council in respect of a particular matter shall be limited
to ten (10) minutes in addition to the time taken by Council to ask questions
of the delegate and to receive answers to such questions.
Disposition of Delegation
9.2.6 When a delegate is addressing a matter that is not included on the agenda,
in accordance with subsection 9.2.3, a motion to deal with the delegation
shall be in order immediately following the conclusion of the delegation.
9.3 To GPA or Special Committee
9.3.1 Except where a particular matter has been reported by the Director of a
Department or the Chief Administrative Officer directly to Council, or in
cases in which the Municipal Clerk determines that the matter is of an
urgent nature and there is insuffcient time for a delegation respecting it to
be heard by the Committee, all Delegations shall be directed to and heard
by GPA or a Special Committee, as determined by the Municipal Clerk.
9.3.2 Notwithstanding subsection 9.2.1, Delegations shall not be permitted to
speak to GPA regarding a matter that is the subject of a Public Meeting
which is included on the GPA agenda.
Time Limits
9.3.3 Each Delegation to GPA or Special Committee in respect of a particular
matter shall be limited to ten (10) minutes in addition to the time taken by
the Members to ask questions of the Delegation and to receive answers to
such questions.
Request to Speak -Required
9.3.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the GPA or Special
Committee Meeting and shall state the nature of the issue they wish to
address.
Disposition of Delegation
9.3.5 When a delegate is addressing a matter that is not included on the agenda,
a motion to deal with the delegation shall be in order immediately following
the conclusion of the delegation.
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9.4 At a Public Meeting
9.4.1 Where Council has passed a by-law delegating to GPA, Council's
responsibility to conduct a hearing, a Public Meeting, or a public workshop,
before passing a by-law or prior to adopting and approving an Offcial Plan
Amendment or approving a draft plan of subdivision, under the Municipal
Act, 2001, or the Planning Acf, the GPA shall conduct such hearing, Public
Meeting, or public workshop.
Time Limits
9.4.2 Delegations to GPA in respect of any such matter for which the Public
Meeting is held, shall be limited to ten (10) minutes iri addition. to the time
taken by Members to ask questions of the Delegation and to receive
answers to such questions.
Request to Speak- No Request Required
9.4.3 A person wishing to make representation on a matter for which a Public
Meeting is held, is not required to give written notice or to be listed on the
GPA agenda for the Meeting in question.
9.5 Special Meetings
9.5.1 No Delegation will be heard at a special Meeting of Council or GPA unless
otherwise directed in the call of the special meeting.
9.6 Conduct of Delegations and Presenters
9.6.1 Delegations and presenters shall not:
a) speak disrespectfully of any person;
b) use offensive words;
c) speak on any subject other than the subject for which they have
given notice to address CouncillCommittee;
d) disobey the decision of the Chair;
e) enter into debate with Members; and
appropriate any unused time allocated to another Delegation or
presenter.
Section 10 -Rules of Debate and Conduct
10.1 Conduct of Members of Council, GPA and Special Committees
10.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or speak
disrespecttully against the Council, against any Member, or against
any officer or employee of the Municipality;
c) speak on any subject other than the subject in debate;
d) disobey the Rules of Procedure or a decision of the Chair, on
questions of Points of Order or procedure or upon the interpretation
of the Rules of Procedure except where the ruling of the Chair is
reversed by Council pursuant to subsection 10.6.3. If a Member
persists in any such disobedience after having been called to order
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by the Chair, the Chair shall forthwith order him or her to vacate the
Council Chambers or room in which the Meeting is being held, but if
the Member apologizes he or she may, by majority vote of the
Members, be permitted to retake his or her seat; and
e) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter
or the substance of the deliberations of the closed Meeting to any
person.
10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such a
manner as the Chair may direct, and upon being recognized by him, shall
address the Chair.
10.3 Order of Speaking
10.3.1 .When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified first and
next recognize in order the other Members.
10.4 Point of Privilege
10.4.1 Where a Member considers that his rights or integrity or the rights or
integrity of the Council or Committee as a whole have been challenged, as a
matter of Privilege, the Member may rise on a Point of Privilege at any time,
with the consent of the Chair, for the purpose of drawing the attention of
Council or Committee to the matter.
10.4.2 A Member who desires to address Council, GPA or a Special Committee, as
the case may be, on a matter which concerns the rights or privileges of the
Council collectively, or as an individual Member, will be permitted to raise
such Point of Privilege. A breach of privilege is a willful disregard by a
Member or any other person of the dignity and lawful authority of Council. A
Point of Privilege will take precedence over other matters. When a Member
raises a Point of Privilege, the Chair may use the words "Councillor...state
your Point of Privilege". While the Chair is ruling on the Point of Privilege,
no one will be considered to be in possession of the floor, but thereafter the
Member in possession of the floor when the Point of Privilege was raised,
has the right to the floor when debate resumes.
10.5 Point of Order
10.5.1 The Chair shall preserve order and decide on Points of Order.
10.5.2 A Member who desires to call attention to a violation of the Rules of
Procedure will ask leave of the Chair to raise a Point of Order. When leave
is granted, the Chair may use the words "Councillor... state your Point of
Order." The Member will state the Point of Order with a concise explanation
and will comply with the decision of the Chair. The Member in possession
of the floor when the Point of Order was raised has the right to the floor
when debate resumes.
10.6 Appeal of Ruling of Chair
10.6.1 With respect to a ruling on either a Point of Privilege or Point of Order, if the
Member does not appea6 immediately thereafter to Council, GPA or Special
Committee, as the case may be, the decision of the Chair shall be final.
10.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council, GPA orthe Special Committee, as the case may be,
otherwise, the decision of the Chair is final.
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10.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling,
and will call a vote by Council, GPA or Special Committee, as the case may
be, without debate on the following question: "Will the ruling be sustained?",
and the decision of Council, GPA or the Special Committee is final. The
Chair may vote on this question. In the event of a tie of votes, the ruling of
the Chair shall be deemed to be sustained.
10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between him and
the Chair, or interrupt him except to raise a Point of Order.
10.8 Question Read
10.8.1 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
he is speaking.
10.9 Speak Once -Reply
10.9.1 No Member shall speak more than once to the same question without leave
of Council, GPA or Special Committee, as the case may be, except that a
reply shall be allowed to be made only by a Member who has presented the
motion, but not by any Member who has moved an amendment or
procedural motion in response to that motion.
10.10 Time Limited
10.10.1 No Member, without leave of Council, GPA or a Special Committee, as the
case may be, shall speak to the same question or in reply for longer than
five (6) minutes.
10.11 Questions
10.11.1 A Member may ask a question for the purpose of obtaining information
relating only to the matter under discussion and such questions must be
stated concisely and asked only through the Chair.
10.11.2 Notwithstanding subsection 10.11.1, when a Member has been recognized
as the next speaker, then immediately before speaking, such Member may
ask a question through the Chair to any Member, the Chief Administrative
Officer, or Department Head, or designate, concerning any matter
connected with the business of the Municipality but only for the purpose of
obtaining information, following which the Member may speak.
10.12 Motions
Reading
10.12.1 All motions must be introduced by a mover and seconder before the Chair
may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration
and therefore it shall not be recorded in the minutes. In a Meeting of
Council, unless otherwise provided for in this Procedural By-law, all motions
must be in writing and signed by the mover and the seconder.
10.12.2 When a motion is presented in a Meeting, it shall be read by the Member,
or, if it is a motion which may be presented orally as provided in subsection
10.12.8, it shall be stated by the Chair before debate.
10.12.3 Notwithstanding subsection 10.12.2, a motion, the wording of which is
printed in the agenda as either a separate item or as part of a report, need
not be read in its entirety unless requested to do so by a Member, but shall
be deemed to have been read for the purposes of introducing the motion.
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Withdrawn
10.12.4 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Council, GPA or Special Committee, but may be withdrawn
by the mover at any time before decision or amendment.
No debate until properly moved andseconded
10.12.5 No Member shall speak to any motion until it is properly moved and
seconded, and the mover is entitled to speak first if the Member so elects. If
debated, the question or motion may be read before being put.
Motion Ruled Out of Order
10.12.6 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdicfion of Council
10.12.7 A motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction, shall not be in order at a
Meeting of Council, GPA or a Special Committee.
Matters and Motions Wifhout Nofice and Without Leave
10.12.8 The following matters and motions may be introduced orally by a Member
without notice and without leave, except as otherwise provided by this
Procedural By-law, and shall be decided without debate:
a) A point of order or Privilege;
b) To adjourn;
c) To suspend the Rules of Procedure;
d) To table the question without direction or instructions;
e) To divide;
f) To refer (without instructions);
g) Question be now put; and
h) To recess.
10.12.9 The following motions may be introduced orally by a Member without notice
and without leave, except as otherwise provided by this Procedural By-law,
and may be'debated:
a) To refer with direction or instructions (direction for referral only to
be debatable);
b) To table with instructions (instructions for tabling only to be
debatable);
c) To amend, and
d) To rescind.
Motion in Writing
10.12.10 Except as provided by subsections 10.12.8 and 10.12.9, all motions
introduced at a Council Meeting shall be in writing and signed by the mover
and seconder.
Priority of Disposition
10.12.11 A motion properly before Council, GPA or a Special Committee for decision
must be disposed of before any other motion can be received except a
motion in respect of matters listed in subsection 10.12.8 or 10.12.9.
Motion to Refer
10.12.12 A motion to refer a matter under discussion by Council, GPA or a Special
Committee shall be considered before all amendments to the main question
until the motion to refer is decided.
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Moton to Amend
10.12.13 A moti on to amend:
a) Shall be presented in writing if requested by the Chair;
b) Shall relate to the subject matter of the main motion;
c) Shall not be received proposing a direct negative to the question;
and
d) Shall be put to a vote in reverse order to the order in which the
amendments are made.
10.12.14 Only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion.
Motion to Amend Something Previously Adopted
10.12.15 A motion to amend a previous action of Council requires a majority vote of
the Members present and voting provided that notice has been given at the
previous Council Meeting or in the agenda for the Council Meeting, and in
case the aforesaid Notice has not been given, the motion to amend a
previous action of Council requires atwo-thirds (2/3) vote of the Members
present and voting.
Question Be Now Put
10.12.16 A motion that the question be now put:
a) Is not debatable:
b) Cannot be amended;
c) Cannot be proposed when there is an amending motion under
consideration, except for the purpose of moving that the amending
motion be put;
d) When resolved in the affrmative, requires that the question(s),
motion, amending motion or motion as amended, whichever is
under consideration be put forward immediately without debate or
amendment;
e) Can only be moved in the following words, "that the question be
now put"; and
f) A motion "that the question be now put" requires an affirmative vote
of two-thirds of the Members present and voting.
Motion to Refer or Defer/Postpone
10.12.17 A Motion to refer or to refer back or to defer or postpone the question may
include instructions respecting the terms upon which the question is to be
referred or deferred or postponed.
10.12.1 S A motion to refer or to refer back or to defer or postpone the question shall
not be debatable except where instructions are included, in which case, only
the instructions shall be debatable.
10.12.19 A motion to refer or to refer back or to defer or postpone the question may
not be amended except where instructions are included, in which case, only
the instructions may be amended in accordance with the provisions in
subsection 10.12.13.
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Motion to Table
10.12.20 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such
motion cannot be amended.
10.12.21 A motion to table with some condition, opinion, or qualification added to the
motion to table shall be deemed to be a motion to defer or postpone made
under subsections 10.12.17 to10.12.19, inclusive.
10.12.22 The matter tabled shall not be considered again by the Council, GPA or
Special Committee until a motion has been made to lift from the table the
tabled matter at the same or a subsequent Meeting.
10.12.23 A matter tabled at a Meeting of the GPA or Special Committee may be lifted
from the table by Council.
10.12.24 A matter tabled at Council may not be lifted from the table at a meeting of
GPA of Special Committee.
10.12.25 A motion to lift a tabled matter from the table is not subject to debate or
amendment.
10.12.26 A motion that has been tabled at a previous Meeting cannot be lifted off the
table unless notice thereof is given in accordance with subsection 7.12.
Motion fo Divide
10.12.27 A motion containing distinct proposals may be divided and a separate vote
shall be taken upon each proposal contained in a motion if decided upon by
a majority vote of the Members present and voting.
Motion to Rescind
10.12.28 A motion to rescind a previous action of Council requires a majority vote of
the Members present and voting provided that notice has been given at the
previous Council Meeting or in the agenda for the Council Meeting, and in
case the aforesaid Notice has not been given, the motion to rescind requires
a two-thirds (2/3) vote of the Members present and voting.
10.12.29 A motion to rescind is not in order when action has been taken on the order
of Council which it is impossible to revise. The part of an order of Council
which has not been acted upon, however, may be rescinded.
Reconsideration
10.12.30 A resolution, by-law or any question or matter (except one of indefinite
postponement) which has been adopted previously by Council may be
reconsidered by Council subject to the following:
a) A Notice of Motion given in writing by a Member, has been
introduced according to the procedure for Notice of Motion,
provided for in subsection 7.12;
b) Debate on a motion to reconsider must be confined to reasons for
or against the subject of the reconsideration;
c) No discussion of the main substantive motion shall be allowed until.
the motion for reconsideration is carried;
d) Such motion must be supported by two-thirds (2!3) of the Members
present and voting in favour of such reconsideration before the
matter is re-opened for debate;
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e) If a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been
voted on; and
f) A vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
Motion to Recess
10.12.31 A motion to recess shall provide for Council, GPA, or Special Committee to
take a short intermission within a Meeting which shall neither end the
Meeting nor destroy its continuity and after which, proceedings shall
immediately resume at the point where they were interrupted.
10.12.32 A motion to recess is not debatable, but is amendable as to the length of the
recess.
Motion fo Adjourn _
10.12.33 A motion to adjourn:
a) Shall always be in order except as provided by this Procedural
By-law;
b) Is not in order when a Member is speaking or during the verification
of a vote;
c) When resolved in the negative, cannot be made again until after
some intermediate proceedings shall have been completed by
Council, GPA or Special Committee, as the case may be;
d) Is not in order immediately following the off rmative resolution of a
motion that the question be now put;
e) If carried, without qualification, will bring a Meeting to an end;
f) To a specific time, or to reconvene upon the happening of a
specified event, if carried, suspends the Meeting to continue at
such time; and
g) Is not debatable.
10.12.34 A motion to proceed beyond the hour of 11:00 pm:
a) Shall not be amended or debated;
b) Shall always be in order except when a Member is speaking or the
Members are voting; and
c) Shall require the support oftwo-thirds (2/3) of the Members present
and voting.
10.13 Voting on Motions
10.13.1 Immediately preceding the taking of the vote on a motion, the Chair may
state the question in the form introduced and shall do so if required by a
Member.
10.13.2 After a question is finally 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.
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10.13.3 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of /nterestActto
vote on the question.
10.13.4 Except where the Member is disqualified under the Municipal Conflict of
Interest Act from voting, if a Member does not vote when a question is put.
he or she shall be deemed to have voted in the negative.
10.13.5 A Member not in his or her seat when the question is called by the Chair is
not entitled to vote on that question.
10.13.6 Each Member has only one vote.
. 10.13.7 The vote required to pass a motion shall be a simple majority except as
otherwise provided by this Procedural By-law or by Statute.
10.13.8 The Chair shall announce the result of every vote.
Unrecorded Vote
10.13.9 The manner of determining the decision of the Council, GPA or a Special
Committee on a motion shall be at the discretion of the Chair and may be by
voice, show of hands, standing, or otherwise.
Recorded Vote
10.13.10 Notwithstanding subsection 10.13.8, a Recorded Vote shall not be in order
at GPA or Special Committee meetings.
10.13.11 When a Recorded Vote is requested by a Member during a Council
Meeting, or is otherwise required, the Municipal Clerk shall record the name
and vote of every Member.
10.13.12 The order in which Members vote on recorded votes shalt be in alphabetical
order of the Members present and voting, commencing with the Member
who made the request and continuing through the alphabet and then back
to the beginning of the alphabet, if necessary, until all Members have voted.
The Mayor shall vote last.
10.13.13 If a request for a recorded vote is made by the Mayor, the order in which
Members vote shall be in alphabetical order of the Members present and
voting. The Mayor shall vote last.
10.14. Conduct of the Audience
10.14.1 Members of the public who constitute the audience in the Council Chamber
or adjacent to the Meeting roam, or other such place where the Meeting is
held in accordance with subsection 4.1 of this Procedural By-law, during a
Meeting, shall maintain order and quiet and may not:
a) Address Council, GPA or Special Committee without permission;
b) Interrupt any speaker or action of the Members or any other person
addressing Council, GPA or Special Committee;
c) Speak out;
d) Clap;
e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the
conduct of the meeting.
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11. Implementation
11.1 By-laws 2007-227, 2008-205 and 2011-009 are hereby repealed.
11.2 This Procedural By-law shall come into full force and effect upon its
passage.
By-law read a f rst, second and third time this 14`h day of February 2011.
Adrian Foster, Mayor
Patti L. Barrie, Municipal Clerk