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Staff Report
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Report To: General Government Committee
Date of Meeting: April 19, 2021 Report Number: LGS-017-21
Submitted By: Rob Maciver, Director of Legislative Services
Reviewed By: Andrew C. Allison, CAO Resolution#: GG-337-21, GG-355-21, GG-393-21,
File Number: C-211,212,216,217,218-21
Report Subject: Procedural By-law Review By-law Number: 2021-054
Recommendations:
1. That Report LGS-017-21 be received;
2. That the By-law attached to Report LGS-017-21 as Attachment 5 to Report
LGS-017-21, repealing and replacing Clarington's Procedural By-law 2015-029, be
approved; and
3. That Staff be directed to prepare a report recommending the new meeting schedule
to reflect the changes approved in the new Procedural By-law, effective
September 1, 2021.
Municipality of Clarington
Report LGS-017-21
Report Overview
Page 2
To improve efficiencies related to Council and Committee meeting management, to provide
for more timely flow of communications, and to maximize the use of technology, it is
recommended that the Procedural By-law be repealed and replaced with the attached draft
1. Background
Existing By-law
1.1 Arising out of Report CLD-006-15, the current Procedural By-law 2015-029 was passed
in June, 2015. At the time of passing, the by-law maintained sections of the governing
Procedural By-law while incorporating changes which ensured the by-law met, and
reflected, the needs of the Council at the time. Since that time, the By-law has been
amended eleven times.
1.2 While much of the existing Procedural By-law continues to reflect the current needs,
the following areas in need of review:
• provide for more timely flow of communication,
• ensure that we are accountable and transparent to the public in meetings and
actions,
• more accurately reflect the past/current practice of Council,
• improve efficiencies to provide for more productive meetings, and
• recognize the use of current, and emerging, technology.
Principles
1.3 The review of the Procedural By-law and the identification of opportunities for
improvement are based on the following principles:
• meetings of Council and Committee are limited to the business within their
statutory rights and obligations,
• balance debate with the need to make recommendations and decisions in a
timely manner,
• provide for the hearing/consideration of input from interested parties in a
pragmatic way,
• provide for open and transparent governance; and
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• the business of Council is conducted by all participants with efficiency, respect,
and courtesy.
Other Municipalities
1.4 As part of this review, the Procedural By-laws of all the Durham area municipalities,
including the Region of Durham's, were reviewed. Additionally, reviews were made of
other municipalities' by-laws, for specific aspects (such as Vaughan, Oakville, Stratford,
Burlington, Guelph, and Windsor).
2. Chair
2.1 The current Procedural By-law contains a provision for the Chair to leave the chair and
"call upon" another Member to take the Chair:
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 Sub -section 3.3.1, or otherwise,
the Mayor shall call on the Deputy Mayor to preside until the Mayor resumes the
chair.
If, at a Committee Meeting, the Chair desires to leave the chair to move a motion
or to take part in the debate pursuant to Sub -section 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.
To allow more flexibility, and to provide clarity, Staff are recommending the above
sections be replaced with the following:
If the Chair desires to leave the chair to leave the meeting, to move a motion, or
to take part in the debate, the Mayor shall preside until the Chair resumes the
chair. If the Mayor is chairing the Committee meeting, the Deputy Mayor shall
preside until the Mayor resumes the Chair. If the designated person is not
present, the Chair may call upon any other Member to chair the meeting.
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Report LGS-017-21
3. Meetings
Meeting Schedule
3.1 When the new Standing Committees were introduced, in 2015, by Report CLD-012-
015, Clarington changed to a three week rotation of GGC, PDC, followed by Council,
throughout the year. The concept of a "gap week" was eliminated and anytime a
meeting fell on a statutory holiday, the meeting was scheduled for the next business
day. This has resulted in more meetings involving more time for Staff and Members of
Council and some overlap with Regional meetings. In addition, it is more difficult to get
minutes and agendas out for short weeks.
3.2 The following table shows the number of meetings, including special meetings, over a
period of years:
Meeting Type
2016
2017
2018*
2019
2020
2021 **
2021 **
Currently
Proposed
(No Gaps)
(With Gaps)
GGC — includes
17
16
13
19
17
16
15
Special and Joint
PDC including
17
16
11
13
13
13
12
Special
Council including
17
16
13
16
15
14
12
Special
TOTAL
51
48
37
48
45
43
39
*NOTE — 2018 was an election year, which always has fewer meetings.
**NOTE — 2021 will be showing as slightly less because it does not include
adhoc Special meetings that happened throughout the previous years.
3.3 It is hoped that, with the changes proposed in the new Procedural By-law, meetings will
be shorter and therefore we can reasonably change to fewer meetings and introduce
"gap weeks" again where, if the regular meeting date falls on a public holiday, the
meeting shall, beginning in September, 2021, be scheduled on the following week and
all subsequent meetings shall be moved forward a week.
3.4 Additionally, Staff are recommending the removal of wording that "one meeting shall be
scheduled on the first Monday of July" as this typically surrounds a statutory holiday
and may result in the schedule not ending in a Council meeting before summer recess.
This change will provide flexibility when setting the meeting schedule.
Municipality of Clarington
Report LGS-017-21
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3.5 This would also better reflect the practice, within Durham Region, where Committee
meetings are on the 1st/2nd week of the month and the Council meeting is on the V/4tn
week resulting in three meetings per month. Pickering goes a step further and has
both committee meetings on one day and the Council meeting on another week, but
Staff are not recommending this as it would not achieve the goal of shorter meetings.
Start Times and End Times for Night Meetings
3.6 Clarington night meetings have commenced at 7:00 pm since 1973. However, recently
the meetings have been going late into the night which may not be conducive to good
decision making. Therefore, Staff are suggesting that the start time for night meetings
(i.e. PDC and Council) be 6:30 pm and the curfew be changed from 11:00 pm to 10:30
pm. Attachment 1 shows the start times for each of the area municipalities.
3.7 Additionally, there has been concern expressed regarding the low threshold to adhering
to the adjournment times (2/3 majority), so Staff are recommending changing this such
that the rules of procedure will need to be suspended (3/4 majority).
Invalidate Holding, Proceeding, or Decision
3.8 The current Procedural By-law does not include any indication to protect against
invalidation of processes regarding notice, so Staff are proposing to add the following
paragraph, which is similar to the Region of Durham By-law:
Any omissions, or failure to strictly comply, with this By-law or any other
municipal legislation (including any notice which is substantively given but is
irregular) will not invalidate the holding of a meeting or any proceeding or
decision taken at the meeting.
Public Meetings Under the Planning Act
3.9 Since Clarington holds their public meetings as part of a longer Planning and
Development Committee meeting, we often find ourselves with a public meeting, which
includes presentations, delegations, and consultants, but the corresponding report (and
possibly communication items) is not considered until later in the meeting during the
Reports section of the Agenda. The result is that the public often need to wait until
later in the meeting for the report to be considered OR Committee alters the agenda to
move up the Report and any communications.
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Report LGS-017-21
3.10 To provide for a smoother meeting, and to allow all items related to the public meeting
to be dispensed with at the same time, Staff are recommending the following be added:
After the Public Meeting has concluded, any related communications and
the related report will be considered as determined by the Chair, without a
need to alter the agenda.
3.11 The above direction will also allow, as much as possible, the Municipal Clerk to group
related Public Meeting items together on the agenda. Additionally, in order to reduce
the number of pieces of correspondence going to a Public Meeting, Staff will, wherever
possible, send the correspondence to the Planner who will either summarize it in their
report; or the Staff presentation. Additionally, any correspondence received between
the Public Meeting and Council, related to a Public Meeting where the Committee
recommendation is to "receive and consider comments from the public and Council",
will also be forwarded to the Planner for inclusion in their next report.
3.12 Since there is no limit on the number of Public Meetings held at one meeting, this often
results in different groups of interested parties attending the same meeting, making for
a long meeting for the groups. Staff are proposing to adopt the approach of other
municipalities and limit the number of Public Meetings to a maximum of two per
meeting, unless agreed upon between the Municipal Clerk and the Director of Planning
and Development, which may also include Special PDC meetings.
Agenda Restrictions
3.13 Currently there are no rules, in the Procedural By-law, on agenda items which should
be restricted (other than ultra vires items, enforcement items, and Committee
mandate). The Clerk has used best judgement in the past — but with the amount of
items coming forward, Staff are seeking direction/rules to rely on. In reviewing other
municipalities' Procedural By-laws, they usually have a set of rules that restrict certain
agenda items.
3.14 Therefore, Staff are recommending the addition of the following section:
The Municipal Clerk shall refuse to place on the agenda, and in an ECCIP, an item
where the subject matter:
a)
Involves current or pending litigation;
b)
Involves insurance claims;
c)
Involves personnel matters;
d)
Involves labour relations;
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e) Involves administrative complaints;
f) Is beyond the jurisdiction of Council;
g) Is contrary to the provisions of the Municipal Freedom of Information and
Protection of Privacy Act or other relevant legislation;
h) Involves solicitation of business;
i) Involves political parties; or
j) Otherwise not suitable for discussion.
Agenda Publishing
3.15 There has been a suggestion that we publish the agenda a full week earlier than
currently. Until a few years ago, we used to publish agendas on a Friday but regularly
were able to publish on Thursday (although the Procedural By-law was not changed to
allow this), then we moved it to the current Wednesday/Thursday deadline so that
Council Members and the public would have more opportunity to review the agenda.
3.16 The difficulty with this proposed approach, of moving it up a whole week, is that most of
the reports/items are time sensitive which would result in more items going on the
agenda update (published on Friday). These would typically be the items of the most
importance and there would not be the expected gain. Additionally, some of the staff
reports/memos arise from Committee meetings for the Council meeting and there
would not be enough time between the meeting and the new/earlier agenda
publication. There are certain reports (typically draft planning reports) that are
circulated to interested parties prior to the agenda publication. For these reasons, Staff
are not recommending a move to an earlier agenda publishing. However, Staff are
recommending updating the Procedural By-law to change the agenda deadline from
Friday to Thursday to reflect current practice.
Agenda Update Deadline
3.17 The current Procedural By-law has been silent on the deadline for the Agenda Update
(the one that happens on Friday). With several of the current changes referencing this
deadline, Staff are recommending that it be set at "one hour prior to close on business
day preceding" with the assumption that it will be published shortly after 15 minutes
prior to close on the business day preceding" which has been the current practice. This
allows staff time to enter the changes; make any accessible document changes; and
obtain answers to questions if necessary, without incurring overtime.
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Report LGS-017-21
4. Pre -Business Matters on Agenda
Pecuniary Interest
4.1 Although the Procedural By-law has the following subsection to speak to declaring on
the confirming by-law, it does not have a section speaking to minutes where the
Member declared at the meeting:
"....when a Member declares on a matter(s) at a Council meeting, later in the
meeting when the confirming by-law is on the floor, the Member's declaration is
understood and the Member may remain in the room in which the meeting is
taking place and participate in the vote on the confirming by-law."
4.2 Therefore, Staff are recommending the addition of the following:
"Further, if the Member declares on a matter at a meeting and at a subsequent
meeting the minutes of the entire meeting are considered, the Member's
declaration is understood and the Member may participate in the vote on
adopting the minutes and is not required to submit another declaration of interest
form, provided that the matter the Member declared on is not further discussed or
amended in any way."
Announcements
4.3 Arising out of a concern about the length and number of announcements which take
place at Committee and Council meetings, and in the interest of shorter meetings, Staff
are recommending that announcements be limited to activities and events within one
week of the meeting, unless a regular Council / Committee meeting is not scheduled
within one week.
5. Communications
Communications - General
5.1 Over recent years, Council has provided Staff with the following direction, by resolution,
in an attempt to limit the correspondence considered by Council:
Correspondence must "directly relate to Clarington"
Correspondence must include the author's name and address
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5.2 The Municipal Clerk walks a fine line of "too much correspondence on agendas" versus
"not providing Council with needed information". Correspondence of a routine
administrative nature is referred to the appropriate Department. One concern of Staff's
is that the above direction, which states that it must be "directly related to Clarington"
may mean that Council will not take action on broader issues and opportunities to
support resolutions from other municipalities. Examples of this are recent resolutions
from other municipalities related to COVID issues (i.e. urging the Province to provide
support for sick leave; open small business; etc.), that were not placed on an agenda.
Similarly, there are items that are clearly just for information that are forwarded to
Members of Council via email, such as Region notices about street construction,
because they do not require Council's action.
5.3 Other correspondence items that no longer appear on agendas include association
correspondence, such as the Association of Municipalities of Ontario (AMO), the
Federation of Canadian Municipalities (FCM), the Association of Municipal Clerks and
Treasurers of Ontario (AMCTO) which may contain information about upcoming
provincial and federal legislation. Attachment 2 provides examples of some of the
correspondence that is not forwarded to Members of Council or placed on an agenda.
5.4 We understand that constant emails coming to Members of Council may be difficult for
a Member to manage and there may be instances where a Member would want to
bring forward the correspondence to a Committee meeting.
Communications - Electronic Council Communications Information Package (ECCIP)
5.5 There is currently no mechanism in place to handle this, however Staff are proposing a
plan for an Electronic Council Communications Information Package (ECCIP). Staff
would gather the correspondence relevant to Council and provide it as one electronic
package once per week, by Friday at noon. Members could then review the package
and, if there are any items that a Member would like to move a motion on (i.e.
endorse), then they would notify the Municipal Clerk, by the Agenda deadline, who
would add it to the next appropriate agenda. For clarity, it should be noted that the
items would not be placed on the agenda three calendar days from the Friday, but
rather the next appropriate Committee or Council agenda.
5.6 The ECCIP may include notices of development applications, liquor licence
applications, planning notices of adjacent municipalities, correspondence from other
levels of government, crown corporations, agencies, boards, or provincial/federal
associations engaged in municipal matters, responses from individuals/organizations
arising out of Council correspondence to them, or general information to Council. Staff
reports, Advisory Committee reports, and reports required to be presented to Council
(i.e. Ombudsman, Integrity Commissioner, etc.) would not be included in the ECCIP
and would continue to be included in Agendas.
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Report LGS-017-21
5.7 This approach is an extension of the Council direction in approving the 2015
Procedural By-law which added the following as part of the resolution:
That correspondence received from other municipalities requesting
endorsement/consideration of a resolution be copied to each member of Council
and shall only be considered by Council at the request of a Member of Council or
the CAO, in accordance with the Procedural By-law.
5.8 This approach is similar to the approach of the Durham Region, Vaughan, Oakville,
Windsor, Burlington, Oshawa, Pickering, and Whitby. Staff are currently working out
the logistics of the ECCIP but anticipate that it will be posted to
www.clarington.net/calendar webpage, similar to agendas and minutes and subscribers
would be notified when it is published. It is anticipated that this practice of distributing
the ECCIP would continue through the summer hiatus, where warranted.
5.9 To achieve this change, Staff are recommending the addition of the following to the
Procedural By-law, which is very similar to the Region of Durham:
The Municipal Clerk shall prepare an Electronic Council Communications
Information Package (ECCIP) containing correspondence received by Staff for
Council's information.
The deadline for information to be included in the ECCIP is end of day Thursday.
The ECCIP shall be delivered electronically every Friday.
A Member of Council may request, in writing to the Clerk, including the Member's
motion for the disposition of the item, that an item from the ECCIP be included on
the next agenda of the appropriate Committee of Council, as determined by the
Clerk.
The item will be included on the agenda of the appropriate Committee of Council
if submitted to the Clerk prior to the Agenda Deadline and if it is not restricted
under Section 2.5. For clarity, this will not be the meeting three calendar days
from when the ECCIP was published, but rather a future meeting.
5.10 It is not to say that all the items listed on Attachment 2 would have been placed on an
ECCIP, but it allows staff more flexibility in what is forwarded to Council.
5.11 Accordingly, since most of the "information items" will be provided in the ECCIP, and
since the current by-law does not specify that the Communications items need to be
divided by information items versus action items, and to allow for one less resolution
required in a meeting, Staff will only have one "Communications" section on the agenda
but will continue to provide a suggested motion where applicable.
Municipality of Clarington
Report LGS-017-21
Communications — Disposition
Page 11
5.12 Staff are also recommending including clarity on how Council's decisions are
communicated (i.e. forwarded to associations and other municipalities, as well as
residents) to formalize current practice, as follows:
When considering the disposition of items related to:
a) Provincial legislation, Council's position shall be forwarded to the Association of
Municipalities of Ontario (AMO) for review and consideration.
b) Federal legislation, Council's position shall be forwarded to the Federation of
Canadian Municipalities (FCM) for review and consideration.
c) Forwarding Council's decision to all Ontario Municipalities, Staff shall forward to
the Association of Municipalities of Ontario (AMO) for review and consideration
and not to all municipalities.
When Council only receives a correspondence item for information, no correspondence
shall be sent to the submitter.
Communications - Delegations and Their Related Correspondence
5.13 Currently, if a delegation has related correspondence, these are listed as two different
items and the delegation may have to wait until the correspondence is considered,
unless a Member moves a resolution to alter the agenda and "move up the
correspondence".
5.14 In an effort to make meetings more efficient, and to make it easier on delegations to
find out the disposition of the matter, and with the automation provided with the
eSCRIBE software, Staff are recommending that the related correspondence be listed
with the delegation and therefore both will be considered at the same time following the
delegations. Staff made this change beginning in January, 2021 as a pilot project.
Staff believe that it has proved useful so recommend continuance of the practice.
5.15 In order to officially make this change, Staff are recommending the deletion of the
following wording from the Communications subsections of the By-law:
"shall be listed under the heading `Communications' on the agenda".
Municipality of Clarington
Report LGS-017-21
Communications - Petitions
5.16 Currently, subsection 9.1.3 states:
Page 12
Where a Delegation wishes to provide Members with a petition and/or 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.
5.17 Although the above section provides a process for delegations with petitions, there is
nothing else in the procedural by-law that addresses petitions in general (i.e. if it
doesn't accompany a delegation). For clarity, Staff are recommending that the above
words related to petitions be deleted out of the "Delegations" section and create a new
definition and a new section, "Petitions" as follows:
Petition means a legibly written/typed document requesting
Comm ittee's/Council's consideration of a matter that contains more than ten
signatures.
An organizer of a public petition may submit the petition for inclusion on the
appropriate Committee agenda. That organizer shall provide their name,
address email, and telephone number with the petition. No petition shall be
considered valid and accepted by the Municipal Clerk without the name and
contact information of the organizer.
Any communication with respect to the petition will be with the organizer of the
petition only.
Petitions shall contain the printed name, signature, and municipal address of the
individuals signing it. Signatures without contact information, or who are not
Clarington residents, shall be redacted by the individual or group submitting the
petition, or it will not be accepted by the Municipal Clerk, nor placed on an
agenda.
The Municipal Clerk shall refuse to place a petition on the agenda where the
subject matter:
a) Does not meet the Communications criteria as outlined elsewhere in
this By-law;
b) Involves matters listed in section 2.5.
Signatories to a petition are deemed to have waived any expectation of privacy
as a result of the record being created for review by the general public.
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Petitions may be placed on agendas at the discretion of the Municipal Clerk,
including the summarizing of the petition and numbers of signatories.
Communications — Referred
5.18 In recent years, there have been many instances where there are one or more
communications items referred to a Report, then the Report was referred to a future
meeting. The Procedural By-law is silent on this matter and Staff are left with the
decision on whether, or not, to "drag the correspondence along with the Report". To
clarify this, and in the interest of smaller agendas, Staff are recommending the addition
of the following to the Procedural By-law:
If communications items, or delegations, are referred to another Agenda
item, which is subsequently referred to a future meeting, there is no need
to include the communications items, or delegations, in the Agenda of the
subsequent meeting.
Communications — Staff Communications
5.19 There is currently no Agenda section for "Staff Communications", only Staff Reports.
However, there is often no need for a full report, when a simple memo will suffice.
Therefore, Staff are recommending that, the section for "Staff Reports" be changed to
"Staff Report(s) and Staff Memo(s)".
6. Presentations and Delegations
Definition of Presentations
6.1 The following is the current Presentation section of the Procedural By -law -
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 significance 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 or consultants retained by the
Municipality; or
c) Presentations from senior levels of government or agencies thereof, or
other municipal governments.
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6.2 There was a concern expressed that it may not be a good use of Council's time to
listen to "information presentations", which may be prolonging meetings. To address
this concern, Staff are recommending that "Information presentations" (i.e. not seeking
a resolution or direction from Council), not requested by Council or Staff and that are
described by sub -section (c) above, must submit a written summary of their
presentation to be included in the ECCIP. Should any Member of Council wish to hear
the presentation, the presentation can be placed on a future agenda. It should be noted
that this will delay the information being presented to Council.
Combining Presentations and Delegations
6.3 Over the years, the Procedural By-law has changed with respect to the placement of
delegations and presentations on the agenda. The most recent change was to ensure
that delegations came ahead of presentations (so that the public didn't have to wait
through presentations). There have always been competing needs between
delegations and presentations and where they are placed on the agenda. Oftentimes,
they are moved around, during the meeting, in order to accommodate these needs.
6.4 In order to streamline the meetings, and to give more certainty to delegations and
presentations on when they might be heard, Staff are recommending that the sections
of Delegations and Presentations be combined and that the order, listed on the
agenda, be determined by the Municipal Clerk, depending on the topics. For instance,
there may be a presentation from the Region which has related delegations. These
could all be listed following each other rather than delegations under one section and
presentations under another section.
Restricted Topics for Delegations
6.5 Currently the only requirement for a delegation is that the item must appear on the
agenda for the meeting that deals with the matter under its mandate. This could lead to
delegations appearing at Council on matters which are being handled in a different
method. Upon reviewing some other municipalities' by-laws, Staff are recommending
that the following be added:
"Persons desiring to verbally present information on matters of fact, or to make a
request to Council, shall give notice, including the subject of their address and
their desired action requested of Council, to the Municipal Clerk by the Agenda
deadline.
Delegations that relate to matters described in section 2.5."
Municipality of Clarington
Report LGS-017-21
Deadline for Delegations
Page 15
6.6 The current Procedural By-law requires that delegations shall notify the Municipal Clerk
no later than 15 minutes prior to close of business on the Friday preceding the meeting.
This has always cut it close because Staff are required to send out an updated agenda
15 minutes prior to close of business, but we are further compounded recently with the
implementation of electronic meetings. When we add a delegation, we need to send
them the link and we offer to do a test for them to become familiar with participating in
an electronic meeting, all of which requires time, and the same Staff person is
responsible for these tasks. As a result, Staff are recommending that the deadline be
moved up to be "one hour prior to close of business on the business day preceding the
meeting" (which is the proposed Agenda Update deadline) but delegations are
encouraged to register prior to noon on the Wednesday prior to the meeting to be
included in the published agenda.
6.7 There have been instances where a delegation at Committee registers after the
publication of the initial agenda, on a matter not before Committee. This results in a
"surprise" matter appearing on the update agenda on Friday afternoon, which does not
provide enough notice to other residents that Committee may be considering a matter.
In order to provide this notice, Staff are recommending the following be added to the
Procedural By-law (similar to how the Region handles delegations):
"Where a delegation request is received after the Agenda Deadline and the
matter is included on an agenda for a meeting, the request will be added to the
addendum for the applicable meeting if written notice to the Clerk is received by
the Agenda Update Deadline for the appropriate Standing Committee.
Where a delegation request is received after the Agenda Deadline and the matter
is not included on the agenda for the meeting, then the request will not be
placed on the immediate agenda but rather would be a future Agenda of the
appropriate Standing Committee.
A delegation, not listed on the agenda, shall not be heard without the consent of
at least 2/3 majority of the Members present and shall be pertaining to an item
listed on the Agenda."
Notification to be Listed as Delegation at Public Meeting
6.8 The current Procedural By-law states:
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 PD Committee
agenda for the Meeting in question.
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6.9 Given the recent changes made to accommodate electronic participation, Staff are
suggesting that the following changes be made to the above section:
Replace:
"not required to give written notice"
With:
"not required to give notice, unless it is required as part of electronic meeting
participation procedures as set out by the Municipal Clerk".
Deadline for Electronic Presentations
6.10 Currently Delegates or Presenters with electronic presentations have until "close of
business the Friday preceding" to provide their presentations. However, this leaves it
too close to the end of business day (when staff are also trying to get out an update to
the agenda), which does not allow for extra time should there be a technical problem
with the presentation (or if it is not accessible). Additionally, if the meeting is not on a
Monday, specifying Friday is not applicable. Therefore, Staff are recommending the
following change to the Procedural By-law:
"Presentations must be provided to the Municipal Clerk's Department no later
than close of business the Friday preceding the commencement of the Meeting."
Be replaced with the words:
"Presentations must be provided to the Municipal Clerk's Division no later than
2.00 pm on the business day preceding the commencement of the Meeting."
Length of Delegations & Presentations
6.11 Currently delegations are limited to ten minutes. This was a change from the previous
five minutes. There has been some suggestion from Members of Council that
delegations be changed back to five minutes.
6.12 Attachment 3 is a summary of the length of time given for delegations and
presentations by each of the Durham Area municipalities.
6.13 Staff are concerned about this change as often the ten-minute time limit is extended by
Members suspending the rules, however given the fact that the majority of Durham
Region is five minutes, including the Region, and that it furthers the goal of smoother,
shorter meetings, Staff are recommending a change to five minutes in the hopes that it
will make meetings more efficient.
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6.14 Similarly, since Clarington's Procedural By-law has been silent on a speaking limit for
Presentations, Staff are recommending that the limit be set at 10 minutes, which is in
line with the majority of Durham Region area municipalities.
6.15 Additionally, a concern was raised about delegations/presentations not directly
answering questions asked by Members. To address this problem, Staff are
recommending the addition of an item under "Conduct of Delegations and Presenters"
as follows:
"......shall not:
deviate from answering directly when answering a question.
Asking Questions of Staff during Presentations/Delegations and Elsewhere in Agenda
6.16 There appears to be a perception that Members of Council cannot ask Staff questions
during delegations or presentations. This could lead to misinformation during the
question period and other times during the meeting. However, the current Procedural
By-law does contain a section which states that, when a Member is recognized, they
may ask questions of any Member, CAO, or Department Head (or designate) but only
for the purpose of obtaining information.
6.17 Further, for other Members of Council, there is a concern that the above existing
section allows questions to be asked regarding any matter. Therefore, in the interest of
keeping the meeting limited to the matters on the agenda, Staff are recommending that
the following wording be added to the end of the above referenced section:
"on matters contained on the Agenda."
Delegations Speaking to Another Delegation
6.18 The current Procedural By-law contains the following within the delegation section:
"No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this subsection."
6.19 This section is quite ambiguous, so Staff are suggesting that, for clarity, the following
be added to the above section:
"For clarity, a delegation cannot be a delegation to another delegation as a way
of circumventing other rules outlined in this by-law.
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Delegations Speaking to the Same Matter Twice
Page 18
6.20 The current Procedural By-law is silent on whether a delegation can speak to the same
matter twice in the same meeting. We have had instances where a delegate wishes to
speak on Matter A at the Public Meeting; and also register as a delegation to speak on
Matter A at the same Planning and Development Meeting. In order to clarify this, Staff
are recommending that the following be added to the Procedural By-law:
"No delegation may speak to the same matter twice within the same meeting."
Disposition of Delegations and Presentations
6.21 There was a suggestion that we remove the requirement to dispose of delegations and
presentations by not moving a motion to "receive for information" or "receive with
thanks" in order to shorten meetings. However, there are several reasons for keeping
this practice. It allows the delegation/presenter to understand that their delegation has
come to an end, and that they have been heard. Additionally, it adheres to the concept
of Committee/Council "considering" each item on the agenda (i.e. there is no ambiguity
in the minutes). Most importantly, it provides direction to staff on whether to send a
communication to the delegation/presenter. If the resolution is "receive for information
no communication will be sent. If the resolution is "receive with thanks" a letter
containing the resolution and thanking the delegation/presenter will be sent.
6.22 However, there is no need to move a motion when the delegation/presentation pertains
to another matter, yet to be considered, on the current Agenda (i.e. it is understood that
the decision on the delegation/presentation will be made when the related item is
considered). The current Procedural By-law outlines how to dispose of a delegation
and Staff believe no further clarification is required:
"When a delegate is addressing a matter that is not otherwise included on the
agenda, a motion to deal with the delegation shall be in order immediately
following the conclusion of the delegation."
6.23 Staff are recommending that the above wording remain and Members are reminded
that if a delegation is present regarding another matter on the agenda, there is no need
for a motion about that delegation as their delegation is deemed to have been
considered during the disposition of the other matter.
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7. Committee Reports
Page 19
7.1 The Committee Report is a report from the Standing Committee (General Government
or Planning and Development), which details the recommendations of the Committee
and is formatted such that any decisions requiring Council's approval are reported.
Currently, there is no clear direction, within the Procedural By-law, as to what is
required to be a part of a report from a Standing Committee although the Municipal
Clerk follows general guidelines for what is included in the Committee Report and
incorporated them into a Department Procedure. The Procedure states that all
resolutions passed at the Committee level must be ratified by Council to be acted upon.
The exceptions to this requirement are procedural motions (altering the agenda,
recess, suspend, rise and report) and resolutions which refer or postpone a matter. If a
resolution was amended, the complete resolution, including amendments, is placed on
the Committee Report.
7.2 Even through the implementation of the eSCRIBE software, there is no way to
automate the creation of the Committee Report. It is time consuming, and sometimes
double work (i.e. if a mistake is found in the minutes, it also needs to be corrected in
the Committee Report). The Deputy Clerk reviews the minutes then the Committee
coordinator must copy and paste the resolutions from the minutes into the report
template taking care to ensure all amendments are incorporated correctly. Then the
Deputy Clerk reviews the Committee Report for accuracy, comparing it against the
minutes. The Committee Report goes to Council for approval. The Committee minutes
go to the next Committee meeting for approval.
7.3 In an effort to improve efficiency and to reduce duplication of effort, Staff are
recommending that the Committee minutes go directly to Council for Council approval
(i.e. no need for a Committee Report and no need for the minutes to be considered at
the next Committee meeting). Staff recognize that part of the reasoning behind the
current Committee Report is to "boil down the resolution" so that it includes any
amendments for clarity. To that end, Staff are recommending that the minutes include
a summary of recommendations, including amendments, at the end of the item for
resolutions that have amendments.
7.4 For instance, instead of saying, "The foregoing resolution was then put to a vote and
carried as amended.", it would say "The foregoing resolution was then put to a vote and
carried as amended, as follows: xxxxxx", and this would be followed by the resolution
being displayed in full.
7.5 The Council resolution would be similar to "That Committee recommendations be
approved and the minutes of the Committee meeting dated March 2, 2021 be adopted
as printed."
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7.6 This change would also provide clarity to Staff and the public in understanding, from
the minutes, the final recommendation. The result would be one less step for both the
Committee Coordinator and the Deputy Clerk.
8. Rules of Debate and Conduct
Questions by Members
8.1 A suggestion was made that Members be allowed to "ask as many questions as they
like" on a matter at Committee. The suggestion is centred around removing the need
to suspend the rules to allow a Member to speak to a matter for a second/third time
around. This suggestion goes against one of the concerns, that was expressed by
others, that there is too much discussion on a matter which leads to longer meetings.
8.2 The current by-law contains the following wording:
"No Member shall speak more than once to the same question without leave of
Council or 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."
8.3 Currently, should a Member wish to speak further, Council/Committee has been
suspending the rules to allow this (requiring a 3/4 majority vote).
8.4 Staff have reviewed other Municipality's Procedural By-laws and found similar wording
to the above for speaking at Council meetings, including the Region of Durham which
has the exact same wording but only for the Committee of the Whole, whereas
Clarington uses it in both Committee and Council.
8.5 To address the suggestion, and to make it less onerous for a Member to speak a
second time on a matter before Committee, Staff are recommending that the following
wording be added to the existing subsection to clarify that "without leave of Council"
can be done by a simple majority:
"No Member shall speak more than once to the same question without leave of
Council or Committee, as the case may be, by a simple majority, 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."
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Motions - Business Arising from Procedural Notices of Motion
8.6 For clarity, and to avoid duplication with the notice subsection, Staff recommends that
Business Arising subsection be changed from:
"A Procedural Notice of Motion properly given at a previous Council meeting 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."
To:
"A Procedural Notice of Motion where notice has been properly given in
accordance with subsection XXX, shall be listed on the agenda for the Meeting,
and may be dealt with at that meeting."
Motions - Consent Resolutions
8.7 Although Committee and Council regularly use the concept of a "Consent Agenda"
when moving resolutions that deals with more than one agenda item at the same time,
this concept has not been outlined, or defined, in the Procedural By-law. Therefore, for
clarity, Staff are recommending the addition of a new definition and a new section, as
follows:
"Consent Resolution" means two or more items that are approved in a single
motion without debate subject to the agreement of the majority of Members.
Should a Member wish to discuss an item on a consent resolution, including with
a change to the recommended motion, they would request the item be "pulled"
from the consent resolution and that item would be discussed separately.
Should a Member have a pecuniary interest in an item on a consent resolution,
the item shall be removed from the consent resolution and dealt with separately.
Should a Member wish to simply discuss an item on a consent resolution, but not
change the recommended motion, the Member may do so without "removing" the
item from the consent resolution.
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8.8 A concern was raised regarding the need for "individual motions for items that are
simply referred to another item on the agenda". Given that the above codifies the
current practice of consent resolutions, Staff believe this concern has been addressed.
However, Staff will endeavour to "add related items" together on agendas so that fewer
items are considered. For instance, if there are communication items related to a
report or Advisory Committee minutes, Staff will endeavour, where possible, to add the
communication item to the related item on the agenda. This is a practice that Staff
have started recently and we believe it has been effective.
Motions — to Divide
8.9 The current Procedural By-law only gives the following direction regarding motions to
divide:
"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."
8.10 There is sometimes confusion as to what is being voted on and whether a mover and
seconder is needed for the part that is divided out. To provided clarity, Staff are
recommending the following wording be added:
"For clarity, a motion to divide shall be handled as follows:
a) Original motion is duly moved and seconded;
b) Mover and seconder for a motion to decide whether to divide ABC from
the motion;
c) If the motion to divide passes, the Chair calls the vote on the balance;
d) A new mover and seconder is required to move ABC and the Chair
calls the vote on ABC.
Motions — In Writing
8.11 Currently, the Procedural By-law prescribes that, except for procedural motions, all
motions at a Council meeting must be in writing. For Council meetings, this tends to
result in extra work and bureaucracy for Staff to prepare and distribute standard
resolutions (i.e. adopting minutes; approving reports from Standing Committees; and
passing by-laws). In order to streamline the process, Staff are proposing that the Chair
will call for a mover and seconder for these motions during the meeting.
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Motions — Refer
8.12 The current Procedural By-law states:
"A motion to refer a matter under discussion by Council or Committee shall be
considered before all amendments to the main question are considered until the
motion to refer is decided."
8.13 Although this subsection makes it clear that the referral motion takes precedence, it is
not clear on whether a referral can be on an amendment only; and whether the referral
of an amendment or main motion also automatically refers the other. For clarity, Staff
are recommending the addition of the following:
"A motion to refer a matter where an amendment is currently under
consideration, shall be considered a motion to refer the original matter and any
amendments that have been put to a vote, and shall include an amendment that
has not yet been decided."
Motions — Tabling Motion
8.14 In the past, there has been some ambiguity about the use, and lifting, of tabling
motions. Clarington Council has been using tabling and referring somewhat
interchangeably. However, a tabling motion comes with the notice provisions that
sometimes bogs down meetings. To avoid this, Staff are recommending that a tabling
motion only be used if the intention is to table a matter indefinitely. If the intention is to
consider the matter at a future time, a referral motion should be used.
9. Procedural Notices of Motion and Notices of Motion
9.1 A suggestion was made to remove "notices of motion" and to allow New Business
items to be introduced, at Council, without prior notice and reference was made to
previous Municipal Clerk's reports regarding the same matter.
9.2 Clarington has Procedural Notices of Motion (to deal with rescind and reconsideration
type of motions) and New Business, which was originally called Notices of Motion and
is now New Business. The concept of calling it "Notices of Motion" relates to a Member
being required to submit a Notice of Motion to introduce new business at the next
meeting of Council. For discussion on New Business, see the "New Business" section
of this report. The following is a discussion on Procedural Notices of Motion.
9.3 Staff have summarized how the Durham Area Municipality's handle procedural notices
of motion in Attachment 4.
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Report LGS-017-21
Mover or Seconder Not Present
Page 24
9.4 The current Procedural By-law is silent on whether the Member needs to be present
when the procedural notice of motion is considered. For clarity, Staff are
recommending the addition of the following:
"The Member who moved, or seconded, the procedural notice of motion is not
required to be present when the related procedural notice of motion is
considered. However, a new mover or seconder will be required for the notice of
motion to be in order."
Original Motion has been Implemented
9.5 The By-law is also silent on whether a motion to reconsider, or amend, is always in
order. For clarity, Staff are recommending the addition of the following, which is
wording that is used in Waterloo:
"No motion to reconsider, or amend, a decided matter of Council shall be in order
when the original motion has been implemented resulting in a legally binding
commitment that is in place on the date that a motion to reconsider, or amend, is
to be debated."
Tabling
9.6 The current By-law states that the procedural notice of motion "shall be given to the
Municipal Clerk, in writing from the mover and seconder at a meeting of Council....".
However, the current accepted practice is such that, if a resolution of Committee or
Council indicates that a matter be tabled to a future meeting, the Municipal Clerk
deems that the Council minutes satisfy the `in writing by the mover and seconder"
portion. Staff are recommending wording changes to be in line with the current
practice.
Including the New or Amended Motion
9.7 Similarly, the By-law is silent on whether the new, or amended motion, needs to be
contained within the Procedural Notice of Motion. Staff are recommending that the
new, or amended motion, be contained in the written Procedural Notice of Motion for
reconsideration or amending something previously adopted by Council.
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Procedural Notices of Motion Initiated by Members
Page 25
9.8 Currently subsection 7.13, regarding Procedural Notices of Motion, only allows for
certain types of motions (i.e. tabling, rescinding, reconsiderations, etc.) to start with a
motion from a previous Council meeting. However, in practice, these motions have
been allowed as long as they are on the agenda, with a mover and seconder (this
satisfies the need for transparency). Staff are recommending wording changes to be in
line with the current practice.
More Notice
9.9 For clarity, and to be in line with the current practice, Staff are recommending that the
Procedural By-law be changed as follows:
FROM
TO
A Procedural Notice of Motion introducing a motion to amend something
previously adopted by Council, to lift a matter from the table, to rescind a
previous decision of Council, or to reconsider a previous decision of
Council as described in Sub -sections 10.12.17, 10.12.24, 10.12.26 and
10.12.28, respectively, shall be given to the Municipal Clerk, in writing
from the mover and seconder at a meeting of Council, but shall not be
debated until the next regular meeting of Council.
1. A Procedural Notice of Motion introducing a motion to amend
something previously adopted by Council, to lift a matter from the table, to
rescind a previous decision of Council, or to reconsider a previous
decision of Council, shall be given to the Municipal Clerk including the
date when it will be considered in writing, from the mover and seconder,
prior to the Agenda deadline.
2. Where a Procedural Notice of Motion has been given under
subsection 1, for a "motion to amend something previously adopted by
Council" or a "reconsideration", the details of the amendment and
proposed new resolution for a reconsideration respectively shall be
included in the Procedural Notice of Motion.
3. Where a Procedural Notice of Motion has been provided to the
Municipal Clerk in accordance with the notice provided, prior to the
Agenda Deadline, it shall be placed in the "Business Arising from
Procedural Notices of Motion" section of the Council Agenda.
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Reconsideration
Page 26
9.10 There was a question regarding reconsidering decisions passed by a previous term of
Council. After reviewing other municipal procedural by-laws it is being recommended
that the following be added to the Reconsideration section:
"unless the reconsideration is on a matter passed by a previous Council wherein
a simple majority is sufficient to reconsider the matter."
10. New Business
New Business - Introduction
10.1 Although the following wording was recently added to all agendas within the New
Business -Introduction section, it is out of context with New Business and may be
confusing for the public:
As outlined in Corporate Policy F-11 Transparency and Accountability, the
Municipality of Clarington is committed to ensuring that it is accountable to the
public for its actions, through responsible and transparent behaviours and the
manner in which the municipality will try to ensure that its actions are transparent
to the public. Accordingly, Members of Council will endeavour to provide New
Business resolutions in advance of the meeting.
10.2 Additionally, with the proposal for New Business, outlined below, the section "New
Business — Introduction" is not required.
New Business — at Committee
10.3 Currently there is no requirement that Members provide New Business items in writing,
except for "where requested by the Chair". Recently, in an effort to provide more
notice, mainly for the sake of residents and Members of Council, Members have been
encouraged to provide New Business items in writing to the Clerk ahead of time. When
it is received prior to publication, it is added to the agenda. There is difficulty when the
item is received after publication. One concern is that it is usually after hours and
places a burden on staff to check for these items and forward to Members of Council.
However, this also results in not being made public prior to the meeting and the
possibility of straying into "furthering business in a closed meeting" by forwarding an
agenda item to all Members of Council. Staff do not want to discourage Members from
forwarding written resolutions as it provides for a smoother meeting, but as stated, this
comes with its own issues.
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10.4 Therefore, in order to address these issues, Staff are recommending a "graduated
threshold system" to allow new items to be placed on a Committee Agenda. This way,
the public would have the opportunity to provide comment on the New Business Item
(as publishing in the update agenda or during the meeting is too late for public input).
Additionally, Members of Committee will be able to determine, prior to the meeting,
whether they have a pecuniary interest. Similarly, if all items are included in the
agenda, there is no need to "Adopt the Agenda". Therefore, Staff are also
recommending the removal of the "Adopt the Agenda" section (as there will be no
need), which will also streamline the meeting and simplify the agenda.
10.5 Staff are recommending the New Business section for Committee be replaced with the
following wording:
Members may only introduce a motion on New Business provided that the matter
was introduced in accordance with the notice provisions.
Notice of New Business items will be satisfied if a Member submits a New
Business item, in writing, to the Municipal Clerk prior to the Committee Agenda
deadline. The New Business Item will be included in the New Business —
Consideration section of the Agenda.
Any changes in wording to a New Business item after publication of the Agenda,
shall require an amendment.
If a Member submits a New Business item to the Municipal Clerk after the
Committee Agenda Deadline and prior to the Committee Agenda Update
Deadline, it will be included in the Committee Agenda Update under the New
Business — Introduction section of the agenda, and it will require a 2/3 vote of the
Members present, and voting at the meeting, to be added to the agenda for
discussion under the New Business — Consideration section of the agenda with a
note for the required 2/3 vote to be discussed.
If a Member submits a New Business Item, that is not included in the agenda, it
shall be in writing, and shall not be considered until the next appropriate Regular
Committee meeting.
A motion to request a report from Staff regarding a matter not listed on the
agenda is not considered New Business but can be introduced under the
"Requests for Staff Reports" section of the agenda.
10.6 No seconder will be required at the time of providing notice.
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10.7 As stated, currently the Procedural By-law states that New Business Items shall be "in
writing if requested by the Chair". With the above requirement that the New Business
item must be part of the agenda, this section is no longer required.
New Business — at Council
10.8 It has also been suggested that New Business be allowed to be added to a Council
agenda without having been considered at a Committee meeting.
10.9 A section regarding Notices of Motion related to New Business was introduced in 2007
when By-law 2007-227 was passed, arising out of changes recommended in Report
CLD-041-07. The section required Members to place the Notices of Motion on a
Council agenda ahead of time. The rationale for adding it was that "all business before
the Council is to receive proper public notice, therefore, introduction and immediate
debate of an item of new business should not be occurring at a Council meeting.
Should a member of Council wish to debate a matter, a notice of motion could be
introduced under this section of the agenda and will appear on the next regular meeting
agenda (under the heading of Business Arising from Notices of Motion) for debate at
that time." The result was that the following sections were added to the Procedural By-
law:
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.
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10.10 Arising out of Report CLD-007-11, a new Procedural By-law 2011-016 was passed
which still contained the Notices of Motion to get New Business items on Council.
Discussion occurred, at that time, over concerns about the higher requirement for
Notices of Motion to introduce new business at Council than Committee. Staff pointed
out that the changes to the Municipal Act in 2007 provides a higher requirement for
accountability and transparency and recommended that the section remain.
10.11 Later in 2011, Council approved the following resolution to amend the Procedural By-
law regarding this matter, which resulted in By-law 2011-037. This effectively removed
New Business at Council unless the rules were suspended:
"Whereas a 'Notice of Motion' delivered before Council forces the introduction of
an item on the following Council agenda, without discussion, debate or staff
input;
And Whereas good and meaningful governance requires fulsome debate, due
consideration, and open public consultation;
Therefore be it resolved that the Procedural By-law, By-law 2011-016, be
amended by deleting Sections 7.12.1, 7.12.2 and 7.12.3 'Notices of Motion', and
related sections, with the exception of procedural matters, to remove the
opportunity to introduce new motions at Council without suspending the rules."
10.12 When passing the current Procedural By-law 2015-029, arising out of Report CLD-006-
15, Council made changes to the proposed by-law which resulted in the following
changes related to New Business:
• New Business at Committee only — can be introduced at the meeting
• Must state it in the New Business Introduction section at the beginning of
the Meeting before adopting the Agenda and the Chair will ask the
Committee members if they have any matters or motions they intend on
raising later in the meeting
• Will be considered in the New Business - Consideration section
• At the conclusion of each Department portion of the Committee Agenda
the members can ask questions but cannot introduce a motion at that
time.
• Motion to adopt, only at Committee meetings, and close the Agenda from
new items being added. Not intended to debate the merits of adding a
particular item.
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• Matters added prior to adopting the agenda will be dealt with under the
New Business — Consideration section
• New Business — Consideration — at Committee Only - Any items added by
a member, prior to adoption, will be dealt with in this section.
Can also add "on the fly" motion to "allow an additional item of new
business" by vote of simple majority.
10.13 Current Staff are of the same opinion as Staff in 2011 and 2015, in that, in order to
provide for accountability, transparency and fairness to residents and Members of
Council, there needs to be as much notice as possible in order to allow residents to
provide input into decisions and Members of Council to conduct any required research
and determine if they have a pecuniary interest in the matter.
10.14 For instance, if the new business item was introduced at Committee and recommended
to Council, the public would have a second chance to speak to a matter if they were
unable to attend one of the meetings. Putting new business items on Council directly
results in a final decision of Council, without notice. Additionally, if new items are
regularly going to be introduced at Council, even with notice, it takes away the role of
Committee discussing, considering, and recommending to Council.
10.15 See Attachment 4 for a summary of how the Durham Area municipalities handle New
Business (aka Notices of Motion).
10.16 Therefore, Staff cannot recommend allowing New Business items to be put on Council
directly and therefore are recommending that the "on the fly" motion of simple majority
be deleted.
10.17 However, Staff recommend that "requests for staff reports" be excluded from New
Business and allowed at both Committee and Council. See next section of this report,
regarding "Requests for Staff Reports".
Requests for Staff Reports
10.18 Currently, if a Member wishes to request a staff report, it is done either with a formal
resolution or "motion for direction" which is simply a verbal request at a meeting and
cannot be done at Council, only Committee. The informal request sometimes results in
staff preparing a report that is not requested by a majority of Council and is not clearly
defined. In order to provide timeliness and flow of communication, Staff are
recommending that a new section be introduced, at both Council and Committee, to
allow "Request for Staff Reports". This is an approach that has worked well in other
municipalities, including Pickering and Bradford West Gwillimbury (which used this
approach at Committee of the Whole).
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10.19 This would require a motion by a simple majority and would be limited to only the
request for a Staff report (i.e. it couldn't be combined with a policy decision or direction
to staff), and would not be considered part of New Business. Additionally, it should
only be used when there is an urgency and the request cannot be made at a
Committee meeting.
11. Housekeeping
11.1 During this review of the Procedural By-law several housekeeping amendments were
identified and are included in the proposed new by-law. In particular, but not limited to:
• Addition of, or slight changes to, some definitions (Act, Closed Meeting,
Emergency Meeting, Joint Meeting, Reconsideration, Rescind, Refer, Special
Meeting, Table, Substantive Motion)
• Moving some of the "electronic meeting participation" provisions (i.e. putting
definitions in definitions, etc.)
• Changing references to "Clerk's Department" to "Clerk's Division"
• Changing references to "Planning Services Department" to "Planning and
Development Services Department".
• Changing references to "he" or "his" to "they" or "their" respectively.
• First Meeting of Council — pursuant to changes to the Municipal Act, shall be
within 31 days of the beginning of the new Council Term (i.e. beginning in 2022,
November 15 is the beginning of the term).
• Removal of contradictory wording such as "preference be given that meetings
shall be held in Clarington".
• Cleaning up the language around portable electronic devices
• Adding a section on cancellation of meetings (similar to the Region of Durham)
• Removal of requirement for minutes to be signed by Mayor and Clerk as we have
discontinued signing the minutes, as of January 1, 2021, due to COVID-19,
accessibility of documents, and efficiency reasons.
• Subsections 10.6.1 and 10.6.2, regarding the appeal of the ruling of the chair,
were duplicates of each other, so we are removing one subsection.
• Adding wording to clarify the current practice of Members "not entering into a
debate with delegations".
• Changing the Agenda Section Title from "Confidential Reports" to "Confidential
Items".
• Where possible, only added one section if it pertains to multiple meeting types.
• Renumbering of subsections and minor grammar or typos.
Municipality of Clarington Page 32
Report LGS-017-21
12. Concurrence
Not Applicable.
13. Conclusion
To realize staff and meeting efficiencies, to provide for improved accountability and
transparency, to improve customer service and response times, and to improve the flow
of agendas and meetings, it is respectfully recommended that Procedural By-law
2015-029 be repealed and the proposed procedural by-law, attached as Attachment 5
to this Report, be approved.
Staff Contact: June Gallagher, Municipal Clerk, and JP Newman, Deputy Clerk, 905-623-3379
ext. 2109.
Attachments:
Attachment 1
— Summary of Durham Area Meeting Times
Attachment 2
— Examples of Correspondence
Attachment 3
— Summary of Time Limits
Attachment 4
— Summary of Durham Area Municipalities & Notices of Motion —
Attachment 5
— Draft redlined Procedural By-law
Interested Parties:
There are no interested parties to be notified of Council's decision.
Municipality of Clarington Page 33
Report LGS-017-21
Attachment 1
Summary of Durham Area Meeting Times
Council
Summer
Notes
Municipality
Committee Start
Meeting
Hiatus?
Time
Start
Time
Clarington
9:30 am & 7:00 pm
7:00 pm
July & August
Region
9:30 am
9:30 am
July & August
Ajax
1:00 pm & 7:00 pm
7:00 pm
August
July
Procedural By-law is
silent on hiatus.
Brock
9:30 am
6:30 pm
Schedule = One Council
meeting scheduled for
Aug. 23 but no COW
July & August &
Development Services
March Break
Committee meetings are
held at 1:30 p.m. on a 3
week rotation schedule
Oshawa
9:30 am & 1:30
9:30 am
on Mondays. Planning
Act Public meetings are
held, when required, at
6:30 p.m. on the same
date as the regular
meeting.
Pickering
2:00 pm & 7:00 pm
7:00 pm
July & August
Scu og
1:30 pm & 6:30 pm
6:30 pm
July & August
July & August =
Regular Council
Uxbridge
10:00 am
10:00 am
Once per month
meetings alternate 2na
& 7.00 pm
only
and 4 th Monday of the
month
One Special
Procedural By-law is
Council Meeting
silent on summer hiatus
Whitby
6:00 pm
7:00 pm
in July &
but schedule shows
August, if
special meetings, if
required
required.
Municipality of Clarington
Report LGS-017-21
Page 34
Attachment 2
Examples of Correspondence
The following are examples of correspondence which has not been forwarded to Council or put
on a Council agenda, based on current Council direction regarding correspondence:
Sender
Description
Disposition
Duffin Creek Water Pollution Control Plant
Forwarded to Engineering
York & Durham
Upgrades and Phosphorus Reduction
Staff who contacted
Regions
Action Plan Implementation — Invitation for
sender
Membership
Several Municipalities
Revisions to the Municipal Elections Act
Reviewed and filed by
Clerk
Several Municipalities
Repeal Schedule 8 of Bill 229
Filed
Bracebridge
Infrastructure Funding
Filed
Guelph Eramosa
MFIPPA Reform Resolution
Filed
Twp.
Oshawa
Oshawa's comments on Major Transit
Forwarded to Planning
Station Areas
City of Oshawa Durham Region's Municipal
Oshawa
Comprehensive Review: City Comments on
Forwarded to Planning
Employment Conversion Requests
Oshawa
Letter of Objection to AGCO regarding 7-11
Filed
offering alcohol
Grey Highlands
Insurance Rates Resolution
Forwarded to Treasurer
Norfolk County
Exempt all primary agriculture producers
Filed
from current and future carbon taxes
Town of Whitby
Major Transit Station Areas Proposed Policy
Forwarded to Planning
Directions
Urge Province to review and reconsider the
timelines for review of Planning Act
Kitchener
applications before an appeal is permitted
Forwarded to Planning
to the LPAT and to return to the timelines
that were in effect under Bill 139
MPAC
Aggregate Resources Act — Opportunity for
Forwarded to Finance and
Comment
Planning
CLOCA, MMAH
Comments on Growing the Greenbelt
Forwarded to Planning
Town of Aurora
Request a Federal Impact Assessment of
Forwarded to Planning
Highway 413
Town of Whitby
Encouraging extension of Digital Mainstreet
Forwarded to CBOT
Program
Municipality of Clarington Page 35
Report LGS-017-21
Attachment 3
Speaking Limits
Municipality
Delegation Limit
Presentation
Notes
Limit
Clarington
10 minutes
Not specified
Currently
Region
5 minutes
10 minutes
A single two minute extension may
be granted by a majority vote.
5 minutes for
Ajax
individuals; 10
Not specified
minutes for group
delegations
Can waive rules to allow delegations
Brock
5 minutes
10 minutes
to exceed; Presentations may
exceed with permission of the Chair
5 minutes at
One -Time extension of two minutes
Oshawa
Council; 10 minutes
10 minutes
or alternative timeframes requires
at Committee
2/3 majority.
Pickering
10 minutes
Not specified
scugog
5 minutes
15 minutes
Presentation limit except with
permission of the Chair.
Uxbridge
10 minutes; 15
Not specified
Delegation extension by a majority
minutes for a group
vote.
Whitby
5 minutes
10 minutes
Delegation extension by a majority
vote.
Municipality of Clarington
Report LGS-017-21
Page 36
Attachment 4
Summary of Notices of Motion and New Business
Municipality
Notices of Motion
New Business
Notes
Clarington
Procedural Motions only.
May be introduced at a Committee meeting provided "is within
the mandate of the Committee", but not at Council
Region
19.2 - Notice of Motion
15.11 - Other Business
New Business
(a) Notice of all new motions, except motions listed in clauses 19.1 (a) and (b), shall be given in
(a) A Member may introduce a motion under Other Business
allowed with
writing and signed by the mover and the seconder, either:
without notice, if Council, without debate, dispenses with
suspension of rules
(i) at a meeting of Council but shall not be debated until the next regular meeting of Council; or
notice on a two-thirds majority vote, in accordance with
2/3 majority.
(ii) delivered to the Clerk not later than Wednesday Noon the week prior to the meeting at which the
Section 19.4 of this By-law.
motion is to be introduced.
Request for reports =
(b) All requests for substantive gathering of information or the
simple majority
(b) Where notice of motion has been given under clause 19.2 (a), the motion shall be included in the
preparation of reports from staff shall require the approval of a
agenda for the next regular meeting of Council and for each succeeding regular meeting until the
majority of the Members present at a meeting and such
motion is considered or otherwise disposed of.
requests shall identify the appropriate Department and the
objective(s) of the report.
Ajax
6.28 - Notice of Motion
6.32 - New Business / Announcements
New Business
Motions introducing new matters, except for motions listed under Section 10.8 shall be given in
A period will be allowed for Members to bring matters of public
deadline = Agenda
writing by the mover:
interest or community interest before Council for information.
deadline
6.28.1 at a Meeting of Council, but shall not be debated until the next regular Meeting of Council; or
Each member shall be limited to five minutes, and statements
6.28.2 delivered to the Clerk and distributed to Council not later than noon ten days prior to the date
shall not be intentionally controversial in nature.
Nothing special for
of the Meeting at which the motion is to be introduced and debated.
Request for Report
6.29 Where notice of motion has been given, the motion shall be printed in the agenda, under
"Business Arising from Notice of Motion" for the next regular Meeting of Council and for each
succeeding Meeting until the motion is considered or otherwise disposed of.
Brock
8.10 - Notice of Motions - Council
Not specified.
New Business
8.10.1 A member desiring to introduce a subject for discussion by Council shall provide Notice of
deadline = Agenda
Motion, in writing, with a confirmed mover and seconded, to the Clerk, by no later than 12:30 p.m. on
deadline
the Tuesday prior to the Council meeting.
8.10.2 The Clerk, upon receipt of a notice of Motion, shall print the motion in full in the agenda for the
Nothing special for
next regular Council meeting.
Request for Report
8.10.3 A notice of Motion shall be considered or otherwise disposed of by the Council at the regular
meeting at which it is first introduced, unless a member objects to its consideration, in which case it
shall be considered at the next regular meeting of Council.
Oshawa
22 - Notices of Motion
Not specified.
New Business
a) A Member may provide for a Notice of Motion to be considered at a subsequent Meeting by
deadline = Agenda
submitting the written Notice of Motion to the City Clerk no later than 4:30 p.m. on the Tuesday prior
deadline. But
to the regularly scheduled Council Meeting for printing on the Council Meeting Agenda.
referred to another
b) Notices of Motion will not be discussed as part of the business at the meeting but will be referred to
meeting.
the appropriate Standing Committee or next Council meeting for disposition. Notices of Motion printed
on the Council Meeting Agenda may be withdrawn if requested by the author of the notice of motion
Nothing special for
by a majority vote of Council Members present and voting.
Request for Report
Municipality of Clarington
Report LGS-017-21
Page 37
Municipality
Notices of Motion
New Business
Notes
Pickering
16.1 - Notices of Motion
18.1 - Other Business
New Business
a) A Member desiring to introduce a notice of motion must do so in writing at any Meeting, at least 10
At any Meeting under Other Business, Members may
deadline = Agenda
days prior to the Meeting at which the motion will be dealt with. Introduction of notices of motion must
congratulate, report on events and promote upcoming events
deadline.
be done as "Other Business".
of public importance or interest.
b) In order to be listed in the agenda, a copy of the motion being considered by Council, must be
Request for reports =
forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 pm on the Wednesday
18.3 - Substantive Information Reports
simple majority
prior to the Council Meeting at which the motion will be dealt with.
All Members' requests for substantive information or reports
c) The Clerk, upon receipt of a notice of motion in accordance with a) and b), shall print the motion in
from staff shall require the approval of a majority of Members
full in the agenda for the Council Meeting at which it is to be dealt with.
present at a Meeting. Such requests shall identify the
appropriate Department and / or Director and the objective(s)
18.2 - Notice of Motion
of the report.
A member who wishes to give notice of a motion to be brought forward for future Council
consideration shall do so in writing under "Other Business".
Scugog
7.35 - Notices of Motion
7.36 - New Business / General Information
New Business
a) A Member desiring to introduce a subject for discussion by Council shall provide a Notice of Motion
This section shall contain items which a Member may
deadline = Agenda
in writing to the Clerk no later than 4:30 p.m. on the Tuesday prior to a Regular Council Meeting,
introduce, which were not circulated with the Agenda and
deadline. Requires
which does not include a GPA or PCA meeting. The Notice of Motion shall be seconded prior to being
which, due to their nature or time -sensitivity cannot be
2/3 majority to
placed on the Council agenda.
properly presented at a subsequent Meeting of Council or
proceed.
b) The Clerk shall place the Notice of Motion on the Council Agenda. The Notice of Motion may be
Committee. Members may raise questions regarding matters
discussed and dealt with by Council unless a Member requests that the matter be dealt with at the
that may be appropriate for Staff comment in the form of
Matter will be discuss
next Regular Council Meeting which does not include a GPA or PCA meeting.
immediate response or subsequent follow-up. To introduce a
unless a Member
matter requiring Council direction, first requires approval of
requests that it be
Motion to Rescind, Amend Something Previously Adopted, Reconsideration shall be added as a
2/3 of the Members present. Upon approval of 2/3 of the
dealt with at next
Notice of Motion.
Members present the Member may introduce their motion.
Meeting
Motions to receive or refer to Staff are in order and may be
passed with a simple majority. All other motions require a 2/3
majority vote of Council for approval.
Uxbridge
Not specified.
9.12 - Other Business
Silent on New
Items of business requiring the direction of Council or a formal
Business Items
resolution will appear under this section in the Agenda. These
matters should generally pertain to information items and can
include Members' Reports on Advisory Committees. Any
proposal to present a Motion must comply with section 13 of
this By-law.
Whitby
3.13 - Notices of Motion
Not specified.
New Business
3.13.1 A Member desiring to introduce a Motion at a Meeting regarding a matter that would not
deadline = Agenda
otherwise be considered by the Council at such Meeting, shall deliver a written copy of the Motion,
deadline.
with a confirmed mover and seconder, to the Clerk not later than Wednesday noon before the regular
Meeting of the Council at which notice of the Motion is to be given.
Matter will be discuss
3.13.2 The Clerk, upon receipt of a notice of Motion, shall print the Motion in full in the agenda for the
unless a Member
next regular Meeting of the Council.
requests that it be
3.13.3 A notice of Motion shall be considered or otherwise disposed of by the Council at the regular
dealt with at next
Meeting at which it is first introduced, unless a Member objects to its consideration, in which case it
Meeting
shall be considered at the next regular Meeting of the Council.
3.13.4 Any Member of the Council may agree to second a notice of Motion if the seconder is absent
from the Meeting.
Clarbgton Attachment 5 to Report LGS-017-21
If this information is required in an alternate format, please contact the Accessibility
Co-Ordinator at 905-623-3379 ext. 2131
Municipality of
Clar'ington
Procedural By-law
2021-xxx
As of XXX, 2021
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
Table of Contents
Section 1 — Definitions and Interpretation............................................64
Section 2 — General Provisions...........................................................105
2.1
Applicability.................................................................................................105
2.2
Suspension of Rules of Procedure..............................................................
115
2.3
Issue not Addressed...................................................................................
115
2.4
Electronic Participation...............................................................................
115
Section 3 — Duties of the Mayor and Council......................................126
3.1
Duties of the Mayor.....................................................................................
126
3.2
Appointment of Deputy Mayor.....................................................................
137-
3.3
Participation of Chair in Debate...................................................................
137-
3.4
Duties of a Member of Council....................................................................
137-
Section 4 — Meetings............................................................................148
4.1
Regular Meetings........................................................................................
149
4.2
Special Meetings.........................................................................................
148
4.3
Emergency Special Meeting........................................................................
150
4.4
First Meeting of Council...............................................................................
150
4.5
Seating and Persons within Council Ring ....................................................
150
4.6
Quorum.....................................................................................................
154-0
4.7
Meetings Open to Public...........................................................................
164-0
4.8
Closed Meetings.......................................................................................
164-0
4.9
Notice of Meeting......................................................................................
1744
RegularMeetings......................................................................................
171-4
SpecialMeetings.......................................................................................
1842
Emergency Special Meetings....................................................................
184-2
4.10
Length of Meetings / Scheduled Break .....................................................
184-2
4.11
Portable Electronic Devices......................................................................
184-3
4.12
Video Recording of Council and Committee Meetings ..............................
194-3
4.13
Cancellation of Meetings...........................................................................
194-3
Section 5 — Committees.....................................................................20a44
5.1
General.....................................................................................................204-4
Exceptions.................................................................................................
204-4
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
5.2 General Government Committee (GG)..................................................... 2044
5.3 Planning and Development Committee(PD)............................................. 2145
5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations................................................................... 221-6
Section 6 — Agendas and Minutes.....................................................2246
6.1 Council Agenda......................................................................................... 224-6
6.2 GG Committee Agenda............................................................................. 2347
6.3 Planning and Development Committee (PD) Agenda ............................... 244-8
6.4 Special Committee Agendas..................................................................... 254-9
6.5 Meeting Minutes........................................................................................254-9
Section 7 — Order of Proceedings - Council.....................................2620
7.1
Call to Order.............................................................................................. 2620
7.2
Disclosure of Pecuniary Interest................................................................
2729
7.3
Announcements........................................................................................
2824
7.4
Adoption of Minutes of Previous Meeting(s)..............................................
2924
7.5
Presentations............................................................................................
282-2
7.6
Delegations...............................................................................................
292-3
7.7
Reports / Correspondence Related to Delegations / Presentations ..........
2923
7.8
Communications.......................................................................................
3024
7.9
Staff Reports and Communications...........................................................
3125
7.10
Business Arising from Procedural Notice(s) of Motion ..............................
3125
7.11
Unfinished Business..................................................................................3225
7.12
Confidential Items.....................................................................................
3226
7.13
By-laws......................................................................................................3226
7.14
Procedural Notice(s) of Motion..................................................................
3327
7.15
Other Business / Questions for Department Heads ..................................
3428
Section 8 — Order of Proceedings — Standing Committees .............3428
8.1
General Government Committee (GG)
8.1.1
Call to Order ........................................
8.1.2
New Business - Introduction ................
8.1.3
Adopt the Agenda ...............................
8.1.4
Disclosure of Pecuniary Interest..........
8.1.5
Announcements ..................................
8.1.6
Minutes of Previous Meeting(s)...........
ii
..................................................... 3428
...................................................... 3428
...................................................... 3428
...................................................... 3429
...................................................... 3529
...................................................... 3529
...................................................... 3529
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
8.1.7
Presentations............................................................................................
352-9
8.1.8
Delegations...............................................................................................
3530
8.1.9
Reports / Correspondence Related to Delegations Presentations ............
3530
8.1.10
Communications.......................................................................................
35W
8.1.11
Staff Reports and Communications...........................................................
3630
8.1.12
New Business - Consideration..................................................................
3634
8.1.13
Unfinished Business..................................................................................3734
8.1.14
Other Business / Questions for Department Heads ..................................
3734
8.1.15
Confidential Items.....................................................................................
3734
8.2
Planning & Development Committee(PD)................................................
3834
8.2.1
Call to Order..............................................................................................
3834
8.2.2
New Business -- Introduction....................................................................
3834
8.2.3
Adopt the Agenda.....................................................................................
3832
8.2.4
Disclosure of Pecuniary Interest................................................................
3832
8.2.5
Announcements........................................................................................
3833
8.2.6
Minutes of Previous Meeting(s).................................................................3833
8.2.7
Public Meetings.........................................................................................
3833
8.2.8
Delegations...............................................................................................
3933
8.2.9
Presentations............................................................................................
393-3
8.2.10
Reports / Correspondence Related to Delegations Presentations ............
3933
8.2.11
Communications.......................................................................................
393-3
8.2.12
Staff Reports and Communications...........................................................
4033
8.2.13
New Business -- Consideration.................................................................
4034
8.2.14
Unfinished Business..................................................................................4034
8.2.15
Other Business / Questions for the Department Heads ............................
4034
8.2.16
Confidential Items.....................................................................................
4134
Section 9 — Delegations......................................................................41-4
9.1 General.....................................................................................................4134
9.2 Delegations - To Council...........................................................................
4235
Request to Speak — Required...................................................................
4236
TimeLimits................................................................................................4336
9.3 Delegations - To Committee......................................................................
4336
TimeLimits................................................................................................4337
Request to Speak — Required...................................................................
4337
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
Disposition of Delegation...........................................................................
4337
9.4
At a Public Meeting...................................................................................
4437
TimeLimits................................................................................................4437
Request to Speak — No Request Required ...............................................
44-37-
9.5
Special Meetings.......................................................................................4438
9.6
Conduct of Delegations and Presenters....................................................
45-39
9.7
Petitions....................................................................................................
4538
Section 10 — Rules of Debate and Conduct ............................ ..........
463-9
10.1
Conduct of Members of Council or Members of Committees ....................4639
10.2
Address the Chair.....................................................................................
463-9
10.3
Order of Speaking.....................................................................................
4640
10.4
Point of Privilege.......................................................................................
4740
10.5
Point of Order............................................................................................
4740
10.6
Appeal of Ruling of Chair..........................................................................
4740
10.7
Members Speaking...................................................................................
4844
10.8
Question Read..........................................................................................
4844
10.9
Speak Once - Reply..................................................................................
4844
10.10
Time Limit..................................................................................................4844
10.11
Questions..................................................................................................4844
10.12
Motions......................................................................................................4842
Reading.....................................................................................................
4842
Withdrawn.................................................................................................
4942
No debate until properly moved and seconded .........................................
4942
Motion Ruled Out of Order........................................................................4942
Not within jurisdiction of Council................................................................
4942
Matters and Motions Without Notice and Without Leave ...........................4943
Motionin Writing.......................................................................................
504-3
Priority of Disposition................................................................................
5043
Motion to Refer or Commit........................................................................
5043
Motionto Amend.......................................................................................
5144
Motion to Amend Something Previously Adopted .....................................
5144
Question Be Now Put................................................................................
5144
Motionto Table.........................................................................................
5245
Motionto Divide........................................................................................
5245
iv
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
Motion to Rescind.....................................................................................
5346
Reconsideration........................................................................................
5346
Motionto Recess......................................................................................
5447-
Motion to Adjourn......................................................................................
5447
10.13 Voting on Motions.....................................................................................
5546
UnrecordedVote.......................................................................................5549
RecordedVote..........................................................................................
5549
Consent Resolution................................................................................................564-9
10.14 Conduct of the Audience
........................................................................... 5649
Section 11 - Implementation
..............................................................5750
v
Office Consolidation Procedural By-law
The Corporation of the Municipality of Clarington
By-law 2021-xxx
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Special Committees, and
to repeal By-law 2015-029.
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:
Agenda Deadline means 12:00 noon on the Wednesday preceding the meeting, unless
determined differently bV the Municipal Clerk for the purposes of a Special meeting, etc.
Agenda Update Deadline means one hour prior to the close of business on the
business day prior to the meeting.
Chair:
In the case of the Council Chair means the Mayor, Deputy Mayor, or the Member of
Council appointed to act 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 GG Committee, Chair means the Mayor, Deputy Mayor or
Department Liaison, whoever presides over a portion of a Meeting of the GG Committee
as provided for in Sub -section 5.2.1, of this Procedural By-law.
In the case of the PD Committee, Chair means the Planning and Development Services
Department Liaison, as provided for in Sub -section 5.3.1 of this Procedural By-law.
In the case of a Special Committee, Chair means the Member appointed as such by
Council pursuant to Sub -section 5.1.3 of this Procedural By-law.
In the case of a sub -committee of a Special Committee, Chair means the Member
appointed as such by the Special Committee pursuant to Sub -section 5.1.3 of this
Procedural By-law.
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
Committee means a Committee of Council and includes Standing Committees, or
sub -committees of the Standing Committees and Special Committees.
Consent Resolution means two or more items that are approved in a single motion
without debate, subject to the agreement of the majority of Members.
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 or Committee, as the case may be.
Department Liaison means a Member appointed as such pursuant to Sub -section
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.
Electronic Council Communications Information Package (ECCIP) means an
electronic package containing correspondence received by Staff for Council's
information.
Electronic Participation means that a Member may participate in the Council or
Committee meeting, remotely by electronic means. The electronic means must enable
the Member to hear and to be heard by the other meeting participants. Acceptable
formats may include teleconference, videoconference or webinar, or other interactive
communications. The Member shall have the same rights and responsibilities as if they
were in physical attendance, including the right to vote, unless otherwise prohibited by
law or in other subsections of this by-law.
Emerqency means any period of time during which an Emergency has been declared
to exist in all or part of a municipality by the Head of Council or the Province under
sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act, as
amended.
Emergency Management Act means the Emergency Management and Civil Protection
Act, R.S.O. 1990, c. E. 9, as amended.
Emergency Special Meeting means a meeting called by the Mayor, without advance
notice being given, to consider and deal with urgent and extraordinary matters, including
issues that may urgently affect the health or safety of residents.
GG means the General Government Committee of Council.
Holiday means a holiday as defined by the Legislation Act, S.O. 2006, Chapter 21,
Schedule F.
The Corporation of the Municipality of Clarington
Procedural By-law 2021-xxx
Information Presentation(s) means presentations not seeking a resolution or direction
from Council.
Joint Meeting means a meeting that deals with matters that would normally be dealt
with at a GG meeting or PD meeting.
Mayor means the Head of Council.
Meeting, as stated in Section 238 of the Municipal Act, means any regular, special or
other meeting of a council, of a local board or of a committee of either of them, where
(a) a quorum of members is present, and (b) members discuss or otherwise deal with
any matter in a way that materially advances the business or decision -making of the
council, local board or committee.
Member means a Member of Council.
Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c.25, as amended or
replaced from time to time.
Municipal Clerk or Clerk means the Clerk of the Municipality of Clarington and
includes the Deputy Clerk and any official of the Municipality appointed by Council to
exercise the power(s) of the Municipal Clerk in the absence of the Municipal Clerk and
Deputy Clerk.
Municipal Conflict of Interest Act means the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, 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 Protection of Privacy Act, R.S.O. 1990, c. M. 56,
as amended or replaced from time to time.
Municipality means the Municipality of Clarington.
PD means the Planning and Development Committee of Council.
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.
Petition means a legibly written/typed document requesting Committee's / Council's
consideration of a matter that contains more than ten signatures.
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.
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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 their rights, immunities
or integrity or the rights, immunities or integrity of Council as a whole have been
challenged.
Present means that a Member may attend a meeting either in person or by electronic
participation.
Presiding Member means the Member appointed to act as Chair pursuant to
Sub -sections 7.1.3, 8.1.1, and 8.2.1 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 divide;
i)
Question be now put; or
j)
To suspend the Rules of Procedure.
Procedural Notice of Motion means a written notice, including the names and
signatures of the mover and seconder, advising Council that the motion described
therein to amend something previously adopted by Council, to rescind a previous
decision of Council, to lift a matter from the table, or to reconsider a previous decision of
Council, will be brought forward at a subsequent meeting.
Public Meeting means a public meeting in accordance with the Planning Act, R.S.O.
1990 c. P.13 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.
Reconsideration means a motion that has the effect of allowing a motion to proceed as
though it had never been previously voted on.
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.
Rescind means a motion that undoes the action taken bV the motion, provided it has
not been acted uaon.
Rules of Procedure means the rules and requirements of this Procedural By-law
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Special Committee means a Special Committee of Council appointed pursuant to
Sub -section 5.1.3 of this Procedural By-law.
Standing Committee means either the General Government Committee (GG) or the
Planning and Development Committee (PD) 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.
Simple Majority means 50% + 1:
a) For 7: 4
b) For 6: 4
c) For 5: 3
a)d For 4:3
Three -Quarters Majority (3/4) means:
a) 3/4 of 7: 6
b) 3/4 of 6: 5
c) 3/4 of 5: 4
d) 3/4 of 4: 3
Two -Thirds Majority (2/3) means:
a) 2/3 of 7: 5
b) 2/3 of 6: 4
c) 2/3 of 5: 4
4: 3
a)
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
2.1 Applicability
2.1.1 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 or Committees and shall be the rules and requirements which
govern the order of their business.
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2.2 Suspension of Rules of Procedure
2.2.1 Despite Sub -section 2.1.1, 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.
2.3 Issue not Addressed
2.3.1 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 or Committee, in session, as the case may be.
2.4 Electronic Participation
2.4.3 A member of Council, of a local board or of a committee of either of them is
permitted to participate electronically in a meeting and may be counted in
determining whether or not a quorum of members is present at any point in
time.
2.4.4 For clarity, a Member of Council, of a local board, or of a committee of either
of them, can participate electronically in a meeting that is closed to the
public.
2.4.5 The protocol for participating electronically shall be set out by the Municipal
Clerk and may be amended from time to time.
2.5 Agenda Restrictions
2.5.1 The Municipal Clerk shall refuse to place on the agenda, and in an ECCIP,
an item where the subject matter:
a) Involves current or pending litigation;
b) Involves insurance claims;
c) Involves personnel matters;
d) Involves labour relations;
e) Involves administrative complaints;
f) Is beyond the jurisdiction of Council;
q) Is contrary to the provisions of the Municipal Freedom of
Information and Protection of Privacy Act or other relevant
legislation;
h) Involves solicitation of business;
i) Involves political parties; or
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at Otherwise not suitable for discussion.
Section 3 — Duties of the Mayor 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 GG Committee 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;
d) To recognize any Member who wishes to speak and to determine
the order of the speakers;
e) To put to a vote all questions, which are regularly moved and
seconded, or necessarily arise during the proceedings and to
announce the results;
f) To vote on all motions, which are moved and seconded, or
necessarily arise during 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;
1) To authenticate, by signature, all by-laws and Meeting FR;RYteS;
m) To rule on any Points of Order and Points of Privilege raised by
Members of Council; and
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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 or any other by-law or statute.
3.2.2 Further to the appointment referenced in Sub -section 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, or a 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 the Chair desires to leave the chair to leave the meeting, to move a
motion, or to take part in the debate, the Mayor shall preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall preside until the Mayor resumes the Chair. If the
designated person is not present, the Chair may call upon any other
Member to chair the meeting.if during a anon+ing of Go unGil the Mayo
desires to leave the choir +n rneve etien nr +n take nor+ in the de -hate
,
Deputy Mayor+n preside until the Mayor s the `.hair.
3 33 3 if, at Committee MeetiiRg, the Qhair desires to leave the 6hair 4�me-ve a
motion or te take part On the debate pursuant to Sub seGtiOR 3.3. 1, OF
etherw*sn the (`hair shall Goll Gn the MayeF ten side 6141 the Chair
hair the eF a ha�'rirng the (`Gry mi++ +inn the
reser�s�e-s„�r-4€-t as ,�-�,�reeTr.eeT^�9�^�
Deputy Mayor shall be Galled upon ten side until the Mayer resumes the
ChAar
3.4 Duties of a Member of Council
3.4.1 A Member of Council shall have the following duties:
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a) to deliberate on the business submitted to Council or Committees
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 GG Committee or PD Committee
Meeting for which they are the Department Liaison and assume the
duties of the Mayor as detailed in Sub -section 3.1.1 with the
exception of Sub -sections 3.1.1 a), 1) and n) at GG Committee and
3.1.1 a) and 1) at PD Committee;
d) Notwithstanding Section 3.4.1 c), the Chair of the PD Committee
meeting shall assume the duties of the Mayor as detailed in Section
3.1.1, with the exception of 3.1.1 (1); and
e) to apply and respect the Rules of Procedure.
Section 4 — Meetings
4.1 Regular Meetings
4.1.1 Unless otherwise directed by Council, the regular Meetings of Council, GG
Committee and PD Committee shall be held in the Council Chambers,
Municipal Administrative Centre, 40 Temperance Street, Bowmanville, ON
or electronically, as determined bV the Municipal Clerk, and at the dates and
times as determined by Council resolution.
4.1r.2 1P_ssA-ft"erwise directed by neil, the Spes+al rr m.� ;tteel,".eet+rgs shall
deemed appropriate to the m nd-ate of the Special Gemmitteo
4.2 Special Meetings
4.2.1 In addition to regular Meetings, Special Meetings of Council, GG Committee
or PD Committee 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, and preference be given that said meeting shall
oWbe held within the Municipality of Clarington.
4.2.2 The Mayor may, at any time, call a special Meeting of Council, GG
Committee or PD Committee and shall call a special Meeting of Council or
Committee when requested to do so in writing by a majority of Members, at
the time mentioned in the request, and preference be given that said
meeting shall only be held within the Municipality of Clarington.
4.2.3 The Municipal Clerk shall call a special Meeting of Council, GG Committee
or PD Committee when requested to do so in writing by a majority of the
Members, at the time mentioned in the request, and preference be given
that said meeting shall E)Rly be held within the Municipality of Clarington.
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4.3 Joint Meeting
4.3.1 In addition to regular Meetings, Joint Meetings may be called at the dates
and times as determined by Council resolution.
4.4 Emergency Special Meeting
4.4.1 Notwithstanding Sub -section 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,_
including issues that may urgently affect the health or safety of residents. 4n
th4s Gase, GGnsent ef twe thirds (213) ef the Members te held SUGh Meeting
is RGGG66aFY a.,.+ s Unh on+ if anv shall be r n-r.Jo.J in the m nu tee by
the Municipal Clerk
4.5 First/Inaugural Meeting of Council
4.5.1 The first Meeting of Council shall be held within 31 days of taking office, erg
the first Men,+n„ a#er G0 inrvl takes „ffiGe pursuant to the Municipal
Elections Act, 1996, at 7:00 prn OR the Council Chambers, Municipal
Administrative ran+ro nn Tempo ,., a Street, Qnman„ i Alllls GN the time
and location determined in consultation with the Clerk and Mayor.
4.6 Seating and Persons within Council Ring
4.6.1 Seating at the Council table shall be in alphabetical order of the Members'
surname, beginning in the most north/east position and proceeding
clockwise.
4.6.2 Only Members of Council and the Municipal Staff shall be permitted to enter
the Council floor during the sitting of Council or Committee without the
permission of the Mayor or Committee Chair.
4.6.3 No person, other than a Member of Council or the Municipal 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.
4.6.4 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.
4.7 Quorum
4.7.1 A quorum of Council or Committee shall be four (4) Members, except as
otherwise stated. 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.
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4.7.2 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.
4.7.3 If during 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.
4.8 Meetings Open to Public
4.8.1 Subject to Sub -section 4.8, Meetings shall be open to the public and no
person shall be excluded there from except for improper conduct.
4.9 Closed Meetings
4.9.1 Council or Committee may, by resolution, close a Meeting or part of a
Meeting to members of the public in accordance with Sub -section 239(2)(3)
of the Municipal Act, 2001.
4.72 r U RGOI nr rnmmi++nn shall by nip Linn Giese a none+inn n art of
Ann+inn +., .,, mhnro of the .,i lhlip vihnrn +hn o� �bjeGt mo++nr +n be n q'dprn.J
is a request i Rder the h4uniGipal Creednnrn of Inf rmo+inn onrl Orn+nn+inn of
14vonv An+
4.9.2 Council or 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 or Committee.
4.9.3 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.
4.9.4 Where a Meeting or part of a Meeting is closed to the public, Council or
Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council or Committee and only those persons
specifically invited to attend the closed Meeting shall be permitted
to attend; or
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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, or
c) only permit access to the electronic meeting to those persons
specifically invited to attend the closed Meeting.
4.9.5 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 for a procedural matter or for giving directions or instructions to
officers, employees or agents of the Municipality or persons retained under
contract with the Municipality.
4.9.6 Notwithstanding Sub -section 4.8.5, 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.
4.10 Notice of Meeting
Regular Meetings
4.10.1 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.
4.10.2 Pursuant to Section 238 of the Municipal 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.
4.10.3 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.
4.10.4 The meeting schedule referred to in Sub -section 4.9.1 shall generally be
based on a three-week rotation. If the regular meeting date falls on a public
holiday, the Council or Committee meeting, whichever the case may be,
shall, beginning in September, 2021, be scheduled on the following week
and aII subsequent meetings shall be moved forward a week. "'eerr�att tche
sarne heir en the next day not being a public holiday. One meeting eha4
may be scheduled on the first Monday of July (unless it is a n6lblis holiday in
which ease it shall be held at the same hour on the next day not being a
pub heliday) and no regular meetings shall be held during the remainder
of the month of July, the month of August or between Christmas and New
Year's. Council and PD Committee meetings shall be held at 7:006:30 PM
and GG Committee meetings shall be held at 9:30 AM.
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Special Meetings
4.10.5 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.
4.10.6 In addition to the notice provided for in Sub -section 4.9.5, written notice of a
special Meeting of Council or Committee shall be given to all Members.
4.10.7 The written notice referred to in Sub -section 4.9.6 above shall indicate the
nature of the business to be considered at the special Meeting of Council or
Committee, whether or not delegations will be heard, and the date, time and
place of the Meeting.
Emergency Special Meetings
4.10.8 Where an Emergency special Meeting of Council is held in accordance with
Sub -section 4.3, 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 Sub -section 4.8.1, indicate the nature of the
business considered at the Emergency special Meeting.
4.11 Length of Meetings / Scheduled Break
4.11.1 Meetings scheduled to commence at or before 9:30 AM, and which are in
session at 4:31 PM, will be adjourned unless etheRyise determined by
vote of tyie thirds of the Members present. the rules are suspended.
4.11.2 Meetings which are scheduled to commence at or after 7LO06:30 PM, and
which are in session at 41 -0110:31 PM, will be adjourned unless otherwise
deteFFROned by a ,ete of ti.ye thirdds of the Members n entthe rules are
suspended.
4.11.3 Where a meeting is scheduled to commence at or before 9:30 AM, there
shall be a scheduled 1 hour break at 12:00 noon unless otherwise
determined by a vote of two-thirds of the Members present.
4.12 Portable Electronic Devices
4.12.1 The use of portable electronic devices by Members of Council and
Committee during Council and Committee meetings shall be permitted
provided the Member is not using the portable electronic device to phone; or
email, BBM, or text each other while the meeting is in session.
4..1.0.2 The use of nertable eler.trenir_ deViGeo o IGh as G811 filar nheneo
hepermitted to he used by PeFSeRS in the gallery and sStaff while the
et'n
g is on sessieR.
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4.12.2 Despite Subsections 4.11.1 a^�'�,d 4.10.2, the use of any portable electronic
device may be prohibited by the Chair, if, in the Chair's opinion, the device
is interfering with any video or audio broadcast of the meeting or is
otherwise causing a disturbance.
4 1n n SubseGt'ens n 1n 1 and n 1n 2 d not ply during a Meeting
4.12.3 ni tyAthstandJinn ibS8Gtir s n 1 n 1 and- n 1 n +The use of portable
electronic devices may be used by a "� a ember as an interface for a n� a e„�,�mhe
to participate electronically in the meeting.
4.13 Video Recording of Council and Committee Meetings
4.13.1 With the exception of the Municipality and any publicly available
broadcaster, the video recording of a Council or Committee meeting is
prohibited within 3 metres of the Council ring.
4.13.2 Notwithstanding Sub -section 4.12.1, video recording by any person is Pet
predidifedpermitted for a presentation as defined in Sub -section 7.5.1 (a) of
this by-law.
4.14 Cancellation of Meetings
4.14.1 A regular or special meeting may be cancelled in any of the following
circumstances:
a) If the Clerk determines in advance that quorum will not be
achieved;
b) if the meeting is cancelled by Council or Committee resolution;
c) Where the meeting is not required as determined by the Clerk, in
consultation with the Mayor and CAO, due to a lack of forecasted
agenda items; or
d) in the event of exceptional circumstances, at the discretion of the
Chair or Clerk.
4.14.2 The Clerk shall give notice of the cancellation to all Members of Council as
soon as possible after the cancellation.
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Section 5 —Committees
5.1 General
5.1.1 There shall be two Standing Committees of Council, namely the General
Government (GG) Committee of Council and the Planning and
Development (PD) Committee of Council, which shall be organized as
follows:
a) GG and PD Committees 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
GG Committee or PD Committee meeting dealing with the matters
pertaining to the Department for which they have been appointed
Department Liaison.
Exceptions
5.1.2 Notwithstanding the Committee mandate outlined in Sub -section 5.2.2 and
Sub -section 5.3.2 and the provisions of Sub -section 9.4.1, Council may
consider any matter without referring it to GG Committee or PD Committee
and may withdraw a matter from the GG Committee or the PD Committee at
any time.
5.1.3 Notwithstanding the Committee mandate outlined in Sub -section 5.2.2, and
Sub -section 5.3.2, 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 a
sub -committee of the Special Committee and a Chair of the sub -committee
to assist the Special Committee in performing its mandate.
5.2 General Government Committee (GG)
5.2.1 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 they have been appointed
Department Liaison. As well, the Mayor shall chair those portions of the
meeting dealing with matters raised under New Business or continued to be
considered under Unfinished Business of the agenda, and the motion to
adjourn.
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GG Committee Mandate
5.2.2 The GG Committee shall make recommendations to Council on all matters
not mandated by the PD Committee, including, without limitation, levels of
service and operational policy and budgetary matters. The GG Committee
shall consider all reports submitted to it by the Chief Administrative Officer
or Director of a Department, except for items which fall under the mandate
of the PD Committee, as indicated in Sub -section 5.3.2.
Reporting to Council
5.2.3 In all cases in which the GG Committee makes recommendations
respecting such matters, the GG Committee shall forward such
recommendations by way of committee repert-minutes to Council for
consideration at the next regular Meeting of Council. In addition, the GG
Committee 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.
5.3 Planning and Development Committee (PD)
5.3.1 The Chair of the PD Committee shall be the Planning and Development
Services Department Liaison for matters pertaining to Planning. Where a
matter from a department other than Planning is being considered, the
corresponding Department Liaison &hat -may Chair that portion of the
Agenda. The Mayor shall chair the PD Committee in the absence of the
appropriate chair.
PD Committee Mandate
5.3.2 The PD Committee shall be mandated with holding public meetings, and
any other planning and development matter or matter deemed to require
public consultation and such other matters as may be referred to the PD
Committee by Council. The PD Committee shall consider all reports
submitted to it by the Chief Administrative Officer or Director of a
Department, for items which fall under the mandate of the PD Committee.
Reporting to Committee
5.3.3 In all cases in which the PD Committee makes recommendations respecting
such matters, the PD Committee shall forward such recommendations by
way of Committee report -minutes to Council for consideration at the next
regular Meeting of Council. In addition, the PD Committee 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.
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5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations
5.4.1 The appointments of persons to Municipal Service Boards, Local Boards,
Advisory Committees and to the board of directors of Veridian Corporation
shall be considered first by the GG Committee and ratified by Council as
soon as practical following the first Meeting of Council, or as soon as
practical after a vacancy occurs in accordance with the Council adopted
Policy.
Section 6 — Agendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular Meetings of
Council:
Meeting Called to Order
Moment of Reflection
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Adeptier�Consideration of Minutes of previous meeting(s)
Reports / Correspondence Related to Delegations / Presentations
Communications
Ge.,.mittee Report(s)
Staff Report(s) and Staff Memo(s)
Business Arising from Procedural Notice of Motion (to be included on
agenda only if there is business to be considered under this Section)
Unfinished Business
Confidential Items
By-laws
Procedural Notices of Motion (for consideration at subsequent Meeting)
Questions to Department Heads / Request for Staff
Report(s)
Confirming By-law
Adjournment
6.1.2 The agenda shall be provided to each member no later than 12:00 nee , the
€ridayend of day on the Thursday preceding the commencement of the
regular Council Meeting in question.
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6.1.3 At the discretion of the Municipal Clerk, an agenda item received after aGGR
OR Wedeesdaythe Agenda Deadline and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda if it is received by the
Agenda Update Deadline. Such matter shall be communicated to the
members of Council and posted on the Municipal website as soon as
possible by end of day on the business day prior to the meeting.
6.1.4 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.
6.1.5 Notwithstanding sub -section 6.1.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.2 GG Committee Agenda
6.2.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
the GG Committee:
Call to Order
Land Acknowledgement Statement
Nlpw R I + d Gtie
Adopt the ogeR4a
Disclosure of Pecuniary Interest
Announcements
Presentations / Delegations
Reports / Correspondence Related to Delegations / Presentations
Communications
Staff Report(:s) and Communication(s)
New Business - Consideration
Unfinished Business
Questions to Department Heads / Request for Staff Report(s)
Confidential Repeftsltems
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GG Committee agenda is
provided to each member no later than 12:00 .,GOR the FFidaythe end of day
Thursday preceding the commencement of the regular GG Committee
Meeting.
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6.2.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after the
Agenda Deadline and before the commencement of the meeting, which is of
an urgent nature or directly relevant to a matter on the agenda for the
meeting, may be added to the agenda if it is received by the Agenda Update
Deadline. Such matter shall be communicated to the members of Council
and posted on the Municipal website as soon as possible by end of day on
the business day prior to the meeting.
6.2.4 The business of GG 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.
6.2.5 Notwithstanding Sub -section 6.2.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.3 Planning and Development Committee
6.3.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
PD Committee:
Call to Order
Land Acknowledgement Statement
New Business - Introduction ,odut�, +
Adept the AnepAa
Disclosure of Pecuniary Interest
Announcements
AdGptmGR ef Minutes of previous meeting(s)
Public Meetings
Presentations / Delegations
Reports / Correspondence Related to Delegations / Presentations
Communications
Staff Reports) and Communication(s)
New Business - Consideration
Unfinished Business
Questions to Department Heads / Request for Staff Report(s)
Confidential R-eyertsltems
Adjournment
6.3.2 The Municipal Clerk shall ensure that the PD Committee agenda is provided
to each member no later than the end of day
Thursday preceding the commencement of the regular PD Committee
Meeting.
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6.3.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after noon on Wednesdaythe
Agenda Deadline and before the commencement of the meeting, which is of
an urgent nature or directly relevant to a matter on the agenda for the
meeting, may be added to the agenda if it is received by the Agenda Update
Deadline. Such matter shall be communicated to the members of Council
and posted on the Municipal website as soon as possible by end of day on
the business day prior to the meeting.
6.3.4 The business of PD 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.
6.3.5 Notwithstanding sub -section 6.3.1, the Municipal Clerk may group items
regarding the same matter together on the agenda, in the order that the
Municipal Clerk deems appropriate.
6.4 Special Committee Agendas
6.4.1 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:
Call to Order
Land Acknowledgement Statement
Disclosure of Pecuniary Interest
/glen+inn of Minutes of previeus meeting(s)
Matters of Business
Adjournment
6.4.2 The Municipal Clerk shall ensure that the Special Committee agenda is
provided to each member no later than 24 hours preceding the
commencement of the Special Committee Meeting.
6.4.3 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.
6.5 Meeting Minutes
6.5.1 The Municipal Clerk, or designate, shall cause minutes to be taken of each
Meeting of Council or 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;
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c) then, d ^g if requested, correction and confirmation of the minutes
of prior Meetings;
d) declarations of pecuniary interest; and
e) all resolutions, decisions and all other proceedings of Council or
Committee, as the case may be, without note or comment.
6.5.2 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.
FeIlewino a al of the mip, ifoG, the minutes shall l_bbe signed by the �z f�Mrvrcxvrayor
nrl the RAC ininipal Glerk er designate
6.5.4 The Clerk, eF desigRatee, shall eRsure that the minutes of the last
regular and/or sneoial Meetings of Coy innil or Committee held more than
five (5) days n er tea regular Meeting a nnlu d-e -I in the 0 eRda n ro.J
orrdanne with Sub seotions F 4 6.2 and 6.3 of this Drenedural By yaw
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 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 perform their responsibility to assume the chair.
7.1.3 If the Deputy Mayor is also not present within fifteen 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.
7.1.4 In recognition of a necessary first step towards honouring the original
occupants of a place, and as a way to recognize the traditional First
Nations, Metis and / or Inuit territories of a place, and to commemorate
Indigenous peoples' principal kinship to the land, the following Land
Acknowledgement Statement shall be read following the Call to Order:
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"The Municipality of Clarington is situated within the traditional and
treaty territory of the Mississaugas and Chippewas of the
Anishinabeg, known today as the Williams Treaties First Nations.
Our work on these lands acknowledges their resilience and their
longstanding contributions to the area now known as the
Municipality of Clarington."
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 denlare a peGURiaFY in+ere&+
they shall rote the reem ghinh the moo+inn is to Linn. plane
7.2.2 Notwithstanding Sub -section 7.2.1, if the matter under consideration at a
meeting, or a part of a meeting, is to consider whether to suspend the
remuneration paid to the member under subsection 223.4 (5) or (6) of the
Municipal Act, 2001, the member may take part in the discussion of the
matter, including making submissions to council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the meeting.
However, the member is not permitted to vote on any question in respect of
the matter. Additionally, in the case of a meeting that is not open to the
public, the member may attend the meeting or part of the meeting during
which the matter is under consideration.
7.2.3 Notwithstanding Sub -section 7.2.1, when a Member declares on a matter(s)
at a Council meeting, later in the meeting when the confirming by-law is on
the floor, the Member's declaration is understood, and the Member may
remain in the room in which the meeting is taking place and participate in
the vote on the confirming by-law. Further, if the Member declares on a
matter at a meeting and at a subsequent meeting the minutes of the entire
meeting are on the floor for adoption, the Member's declaration is
understood and the Member may participate in the vote on adopting the
minutes and is not required to submit another declaration of interest form,
provided that the matter the Member declared on is not further discussed or
amended in any way.
7.2.4 At a meeting at which a member declares an interest, or as soon as
possible afterwards, the member shall file a written statement of the interest
and its general nature with the Municipal Clerk or designate, in the form
determined by the Municipal Clerk.
7.2.5 The Municipal Clerk shall establish and maintain a Registry of Declarations
of Interest containing,
a) A copy of each statement filed under section 7.2.3; and
b) A copy of each declaration recorded in the minutes.
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7.2.6 The Municipal Clerk shall provide access to the Registry of Declarations of
Interest through the Municipal website of through an alternative means, as
requested from time to time.
7.3 Announcements
7.3.1 During this portion of the Meeting, when recognized by the Chair, Members
shall be afforded a maximum of five a minutes during which time they may
announce or comment on community events and activities that will occur
within one week of the meeting, unless a regular Council / Committee
meetina in not scheduled within one week.
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 significance
to the Municipality provided that the request has been submitted to the
Municipal Clerk by 12•00 R R the WedResday r GediRg the
MeetiegAgenda Deadline.
Presentations shall include only the following:
a) Civic recognition / awards; or
b) Presentations by Municipal Staff or consultants retained by the
Municipality; or
c) Presentations from senior levels of government or_94:- ies
d) Presentations deemed necessary by the Municipal Clerk, or as
required by law.
e) Presentations, for matters of information only, shall submit a written
communication to the Municipal Clerk, outlining their presentation,
to be included in the ECCIP. Should any single Member of Council
ask that the Presentation be heard, it shall be placed on the
appropriate Committee meeting agenda.
Any other agencies seeking to make an information presentation must
submit a written summary of their presentation to be included in the ECCIP.
Should any Member of Council wish to hear the presentation, the
presentation can be placed on a future agenda.
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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 Division to register for the Meeting. Presentations must be
provided to the Municipal Clerk's Division no later than 2:00 pm on the
business day preceding the commencement of the Meeting.P+e&e nta#94 s
bus'n000 the Friday n edinn the n on+ of the Meeting.
Presentations will not be installed once the meeting has begun.
7.4.3 Each Presentation in respect of a particular matter shall be limited to 10
minutes, in addition to the time taken by Council to ask questions of the
delegate and to receive answers to such questions.
Presentations to Committee
7.4.4 Presentations scheduled to be made to Committee will be assigned to the
appropriate Committee based on the presentation topic and the Committee
mandate.
7.4.5 Upon receipt of the request for presentation as detailed in Sub -section
7.5.1, the Municipal Clerk, or designate, may schedule the presentation for
a specified time during the Committee meeting. When exercising this option,
the Municipal Clerk, or designate, shall include the scheduled presentation
time on the meeting Agenda and shall notify the presenter of the scheduled
presentation time.
7.4.6 Where the Municipal Clerk, or designate, has scheduled a presentation for a
specified time, as per Sub -section 7.5.4, when that specified time arrives
during the Committee meeting, the Committee shall set aside the matter
currently before it, to allow the presentation to be heard as scheduled.
Should there be a motion on the floor at the scheduled presentation time, a
motion to "table alter the agenda to be considered immediately after the
Presentation" would be in order.
7.5 Delegations
7.5.1 See Section 9.
7.6 Adoption of Minutes of Previous Meeting(s)
7.6.1 Minutes of Standing Committees, Advisory Committees and Boards shall be
listed under this Section of the Council agenda.
7.6.2 The Chair shall ask for a motion to adopt the minutes from previous
meetina(s).
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7.6.3 Minutes of Standing Committees may be disposed of through a single
resolution. Alternatively, any Member may request that one or more
recommendations contained in the minutes be extracted and voted on
separately for the purposes of changing the motion or holding a recorded
vote.
7.6.4 Minutes of Standing Committees approved at Council are not required to be
added to the agenda or approved by a future Standing Committee meeting.
7.7 Reports / Correspondence Related to Delegations / Presentations
7.7.1 Reports and correspondence that are related to a delegation or
presentation on the agenda may be listed under this section of the agenda.
7.8 Communications
7.8.1 The Municipal Clerk shall prepare an Electronic Council Communication
Information Package (ECCIP) containing correspondence received by Staff
for Council's information.
7.8.2 The deadline for information to be included in the ECCIP is end of day
Thursday.
7.8.3 The ECCIP shall be delivered electronically every Friday.
7.8.4 A Member of Council may request, in writing to the Clerk, including the
Member's motion for the disposition of the item, that an item from the
ECCIP be included on the next agenda of the appropriate Committee of
Council, as determined by the Clerk.
7.8.5 The item will be included on the agenda of the appropriate Committee of
Council if submitted to the Clerk prior to the Agenda deadline and if it is not
restricted under section 2.5. For clarity, this will not be the meeting three
calendar days from when the ECCIP was published, but rather a future
meeting.nll GOMMURiGations, designed to hepresented +e GE)URoil ed
by the M inisinal f Iork hofero n n\A1ednesda i n r to the
Gommenr`ement of +he Co- nail moo+'n Wh'nh direr+lY relates +e G!arinn+on
,
nd:per+ain to an item on that agenda, s deemed neGessary
appmpFiate by the M 1nioinal GlerL shall he listed u Rider the head'Rg
„nioa+iens' on the n nrla ;;Ad c;h;4" hp innl, ,.ln.! in its onfl ro+.. Unless
i+ is ao+ioal +e des which n e it shall he innli ded i
determined by the MYROoinal GlerL The Mun'Ginal GleFk shall e e that a
reGOMmendation for dispesal is prepared and ORGluded on the ageRda.
7.8.6 Communications which, in the opinion of the Clerk require action by Council
shall be included on a Council or Committee agenda under
Communications and shall include a recommendation for disposal.
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7 8 7 At +he .Jisere+inn of the AAUnieinal Clerk,
an i+em of oerres nenrlenoe
after+he publishiRg of the nrl na Anenrla Update Deadline And- hef
GeMmeRGemen+ of the moo+inn Whioh is of an en+ nature or Aire,
reley n+ +e a ma++or en the agenda fer the moo+inn y he arlde- + +,
agenda S inh matter snl,�hbeE �Gated to thei�c-ry Members of Goo
Posted on the .aehsi+e a _R aspessihle
7.8.7 Every communication to be presented to Council or Committee, per
Sub ser.tme.ns 7 1 +e 7.6.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s) including their name and address, and shall be filed with the
Municipal Clerk.
7.8.8 Communications to be posted to the website may be abridged as
determined by the Municipal Clerk to facilitate posting.
7.7 Committee Reports
7 7 1 Reports of Gemmi++ees and Adyisery Gernmi++ees and Beards, shall he
�--r Gs+e.+ - Und-er this Ces+inn of the (`061noil agenda-.
.7 2 Reports of Committees and Advisor Committees and Boards, may
disnesed of through a SiRgle r ol-i+inn for Bash r ner+ apresented
Al+erna+'vely, aRy Member may request that o FeGn!la+ions
on+ainer! i a Report he separated and ve+ed o separately-.
7.9 Staff Reportis) and Staff Memo(s)
7.9.1 Notwithstanding Sub -sections 8.1.110 and 8.2.104-, the Staff Reports
Section of the Council agenda shall include Removal of a Holding Symbol
report upon urgent circumstances as determined by the Director of Planning
and Development Services and 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 Committee for consideration.
7.10 Business Arising from Procedural Notices of Motion
7.10.1 A Preped- oral nle+ir.e of nee+ien n edygiveR at a s re61RGil mee+inn
Wednesday n nedinn the Meeting at whinh it is to hen n+ed fer
GGR
s idera+'o shall he listed en the a eRda for the MGGt'n and shall he
dealt with at that meetingA Procedural Notice of Motion where notice has
been properly given in accordance with subsection 7.14 shall be listed on
the agenda for the Meeting, and may be dealt with at that meeting.
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7.10.2 The Member who moved. or seconded. the procedural notice of motion is
not required to be present when the related procedural notice of motion is
considered. However, a new mover or seconder will be required for the
notice of motion to be in order.
7.11 Unfinished Business
7.11.1 Any matters presented, considered, referred, or tabled or any items not
otherwise disposed of through the consideration of an agenda matter, shall
be disposed of during this portion of the Meeting.
7.12 Confidential Reportsltems
7.12.1 ni AyothstaR -ling Sub tiGRS Q8. 1.14 and a 2 +5 +The Confidential Reports
Items Section of the Council agenda shall include any confidential 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 Committee for
consideration and shall be considered in a closed. meeting in erdanGe
with Sub section 4.8.
7.13 By-laws
7.13.1 No by-law, except:
• a by-law to confirm the proceedings of Council;
• a by-law granting authority to borrow under the authority of the Municipal
Act, 2001;
• any by-law arising as the result of an order or decision of any judicial or
quasi-judicial body; or
• a part lot control by-law;
shall be presented to Council unless the subject matter thereof has been
considered and approved by Council or by Committee and has he�^
approved by COURGil.
7.13.2 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
divided from the motion and dealt with separately.
7.13.3 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.
7.13.4 The Municipal Clerk shall endorse, on all by-laws enacted by Council, the
date of enactment.
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7.13.5 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.
7.13.6 The Municipal Clerk is hereby authorized to make minor deletions, additions
or other administrative changes to any by-law before it is signed and sealed
to ensure that the correct and complete implementation of the actions of
Council form the subject matter of the by-law.
advised by the M inioipal Clerk, of of inh changes by written notion
7.14 Procedural Notices of Motion
7.14.1 n PreGe dural N +iGe of M +i n iRtreduGing a +i n t ameRd sernething
prev sly adopted by GO UnGil to lift o mot+or from the tahlo +., r in.d o
asdessr+bed S-b -e-tie_ 10.12.17, 110.12.24, 10.1 2 26 an,d110.12.28,
roOnonfvoly, shall hen n to the M61ROGipal Clerk irif nn from the m
nrd c Rder of a etino of f O Unnil but shall not be debated Until the
Rext regular mooting of GeUR, it A Procedural Notice of Motion introducing a
motion to amend something previously adopted by Council, to lift a matter
from the table, to rescind a previous decision of Council, or to reconsider a
previous decision of Council, shall be given to the Municipal Clerk including
the date when it will be considered in writing, from the mover and seconder,
prior to the Agenda deadline.
7.14.2 Where a Procedural Notice of Motion has been given under subsection
7.14.1, for a "motion to amend something previously adopted by Council' or
a "reconsideration", the details of the amendment and proposed new
resolution for a reconsideration respectively shall be included in the
Procedural Notice of Motion.
7.14.3 Where a Procedural Notice of Motion has been provided to the Municipal
Clerk in accordance with the notice provided, prior to the Agenda Deadline,
it shall be placed in the "Business Arising from Procedural Notices of
Motion" section of the Council Agenda.
7.14.4 Where a Procedural Notice of Motion has been given under Sub -section
7.14.1, the Procedural Notice of Motion shall be printed in full in the
Agenda, under "Business Arising from Procedural Notice of Motion" for that
meeting of Council and each succeeding meeting until the motion is
considered or otherwise disposed.
7.14.5 When a Member's Procedural 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.
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7.15 Questions to Department Heads / Request for Staff Report(s)Other
Business
7.15.1 No new business may be raised during this section of the agenda, but
Members may ask Questions to Department Heads pertaining to any
matter, including those not necessarily listed on the agenda.
7 15 7 A mn+mnn mntred''ring n matters m my he in+red,-ned +o CG inch
,
suspend'Rg the rules i aGGordaRGe with Sub sea+ion 2.2.
7.15.2 Notwithstanding subsection 7.15.1, Members of Council may introduce a
motion to request a Staff report, under this section of the agenda, when
there is an urgency and the request cannot be made at a Committee
meeting. Such requests shall:
a) identify the appropriate Department;
b) the obiective(s) of the report;
c) not contain a policy decision; and
aid) not contain directions to Staff.
Section 8 — Order of Proceedings — Standing Committees
8.1 General Government Committee (GG)
8.1.1 Call to Order
8.1.1.1 See Sub -section 7.1.
8a2P4ewBusiness introduction
The chair shall ceac�irnember the eppeFWRity + intredUGeaRy Rew
h us s 'toms no+ o+hen. se to he c s'dered nder aRy sentionof the
Agenda and whmoh is within themandate of the GG Gemmm+too
81 25 Alow R;mnecc in+rod coed in ordanse mwm+h C,,h-ceo+ion R 1 7 shall he
dispensed by the GG Committee d the New Business ropcmdera+ion
vperr during
estmen of the Agenda
8.1.3 Adept the Agenda
8M1.3mi The ohair shall ask for o e+ion to orlon+ the agenda. Drier +e taking the
vote members shall heprovided a pertlRity +o state a other New
Business as r Sub sea+ion 8.1 2 1 ...high will he dispensed Under the Nevi
-Rus'ness Gencmdera+men Cec+ir.p of the Agenda
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FG-F G!arir�zhhe Gall oath+he yAtp on AdGptina the AgeRda shall
he .+ sidered d irini. the moo+inn It Glows then ert, inity +HRa.
ntiGinate._ business matters and_ shall net sewe to .rote in
R epposition to any matter requested to be added as New
8.1.2 Disclosure of Pecuniary Interest
8.1.2.1 See Sub -section 7.2.
8.1.3 Announcements
8.1.3.1 See Sub -section 7.3.
8.1.4 Presentations
8.1.4.1 See Sub -section 7.4.
8.1.5 Delegations
8.1.5.1 See Section 9.
8.1.6 Reports / Correspondence Related to Delegations Presentations
8.1.6.1 See Sub -section 7.7.
8.1.7 Communications
8.1.7.1 See Section 7.8.
8.1.7.2 Minutes of external committees and boards, hall boards and BIA's shall be
listed under this Section of the agenda.
of the- (_G_ C_A-M.-nittee and ._iront1Y relates to G!arinnton ve._ by the
M, inisinal Clerk before ROOR n Wednesday prior to the n nt of
the GG Gernmit+ee moo+inn shall he ❑sterl under the hearlina
„nina+ions' an then Rda and shall he insl, Wed in its en+ire+.. 6 nless
'+ is aa+iaal to de s ..hiah n e i+ shall he insl, ded i
n a maRRer as
d Gtermined by the MWRiGipal Clerk. The M nal Clerk shall e e that a
reGomMeRdation for disposal is prepared and induded 'R the ageRda.
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81 A 2 At +he dicrre+i.,n rf the AAUnirinal (`IerL an i+e r,, rf G.,rroo.,.,.,do.,ro reneived
after the nu bGshiRg of the n nrla and before the r en+ of the.
ageRda feF theMBet'Rg, may added +A+he ages o,'c:Gh�-a+ter sh I�.I be
GeMMUROGated to the Members ef COURGO! and posted on the MUR'Gipal
ehsi+e As GR aspessible
Q 2 ra+inn +e h + +e !_(_ (`e.v. rv.i++
v� >1e e--�ic�vernrc G�ePc�
�h�_�eE r7c 81.11.8.1 +e 8.1.8.2, shall bellegibly writ+en ter! shall Re+
�mTy--v°rn c-r'�r�rr�c-a,
+alma TmpeFtmeRt or improper or laRguage, shall ide Rtify the
i u+herls\ inrL ud'Rg their Rarne and address nrl shall be filed with the
M inirinal Glerk
AA COMMURiGations to be posted to the MUR'Gipal website Fnay be abridged as
. determined by the M inirinal Clerk +e farili+a+e nes+inn
8.1.9 Presentations
A.A ISee Sub _r+ice nn
8.1.8 Staff Reportis) and Staff Memo(s)
8.1.8.1 All Staff reports and communications pertaining to the Committee
mandate as per Sub-ser+ien 5 2 2, or other such matter as may be referred
to the CG-Committee by Council shall be submitted to the CG-Committee
for consideration.
8.1.9 New Business - Consideration
8.1.9.1 Members may only introduce a motion on New Business provided that the
matter was introduced in accordance with the notice provisions.
8.1.9.2 Notice of New Business items will be satisfied if a Member submits a New
Business item, in writing, to the Municipal Clerk prior to the Committee
Agenda deadline. The New Business Item will be included in the New
Business — Consideration section of the Agenda.
8.1.9.3 Any changes in wording to a New Business item after publication of the
Agenda, shall require an amendment.
8.1.9.4 If a Member submits a New Business item to the Municipal Clerk after the
Committee Agenda Deadline and prior to the Committee Agenda Update
Deadline, it will be included in the Committee Agenda Update under the
New Business — Introduction section of the agenda, and it will require a 2/3
vote of the Members present, and voting at the meeting, to be added to the
agenda for discussion under the New Business — Consideration section of
the agenda with a note for the required 2/3 vote to be discussed.
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8.1.9.5 If a Member submits a New Business Item, that is not included in the
agenda, it shall be in writing, and shall not be considered until the next
appropriate Regular Committee meeting.
8.1.9.6 A motion to request a report from Staff regarding a matter not listed on the
agenda is not considered New Business but can be introduced under the
"Requests for Staff Reports" section of the agenda.
8.1.9.7 No seconder will be required at the time of providing notice.
8.1.9.8 New Business items shall be regarding the mandate of the appropriate
committee.
,
r!lonnn .with S 52� b oontir.n 2 r�
8.1.1 1 .2As per C�hnr�-sest*GR 10.12.2, all m„ti„ns intred-asednsser�'
Sub se Gtinn 8.1.2.1 shall be in writing if requested by the Ghoir
F_-i 11 2- Aletw'thotandinn Ci ih_cor+inn 8.1.2.1 at the r RGI 1oieR of diononoiRg of all
b6i6iness pertaining to each r eGtiye department, and prier ton oiderk
Heads pertaining to o matter i.yi+hin the mon.+ote of the GG Gernmi+tee
nl ding those net n rily listed en the agenda.
�
8 1.11�4Nletw'thstap hh_seEtien 9 1 11 1 Rd despite Sub_seGtiGR 2.2, e
business matters of significance may be introduced by a simple majority of
tubers present andyetinn
8.1.10 Unfinished Business
8.1.10.1 See Sub -section 7.11.
8.1.11 Questions to Department Heads / Request for Staff Report(s)
8.1.11.1 See Sub -section 7.15.
8.1.12 Confidential Repertsltems
8.1.12.1 The Confidential Reports Items Section of the Committee Agenda shall
include any confidential G&Committee Staff report (as outlined in
Sub -section 8.1.11.1) that, due to the nature of the report should be
considered by G&Committee in a closed meeting in accordance with Sub-
section 4.9.
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8.2 Planning & Development Committee (PD)
8.2.1 Call to Order
8.2.1.1 See Sub -section 7.1.
8.2.-2 New Business — introduction
The nhair shall e Par* member the ePPGFtURitY + ;RtFGd use aRy Rew
h,,sinecs items net otherwise to he Aensidered under aRy sent'An of +he
Agenda and uwhieh a .within the mandate of the PD Committee.
8z.'z 2 NpwR"sinRc;c; :eed i rdan, ,'+e hh--sestiA^, 8 2 2 1 shall hp
dispensed by the PD Committee during the New Business GonsideFation
er+ien of the Agenda
8.2 3 Adopt the Agenda
8 2 2 9 The chair droll ac k fora a+ion +e adept the a nda Drier +e taking the
vote members shall heprovided a Pert ,n'fiw +o State a other Ales.,
Business a r Sub see+ien 8.2.2.1 which ..will he dispensed under the Nn..w
—Rusoness - rensidera+ien Ser-lien of the Agenda
8.2L3.2 Fer elari+.w the Gall of the + n Adep+ing the Agenda shall se�nv crrn-rcy, �-crr r-vrtrrc�vc�8rr�-cvvpm-rg��c-rein-rcrcr-
previde no+iee +e Gei wnsil y ciden+c ,nd staff of "addi+fenal/new" matters +e
r• he sidered , gy dring the meetingIt eleses the n norfi,nifiw to add
additional , n+ieipated business matters and shall not serve to vote ip
er+ of OF in si+ien +e aRy a++err ester! +e he added as New
Q
va';rrcrr
8.2.2 Disclosure of Pecuniary Interest
8.2.2.1 See Sub -section 7.2.
8.2.3 Announcements
8.2.3.1 See Sub -section 7.3.
R2 4 A.J....+ii.n of Minutes of Dre..ii..wc Mggfi..../c\
8.2_4.The Chair shall ask fr,r A me+•An to adopt the n��tes#rmprevie,
n ter•
+•ng(s)
8.2.4 Public Meetings
8.2.4.1 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.
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b) A member of the Municipality's Staff shall address the PD
Committee to present the matter to the PD Committee.
c) Members of the public shall then be permitted to make
representation regarding the matter. The order on `"'hiGh members
of the p, blio shall he heard is those opposed, these i support, and
then the a plioant a en+ Whe is pFesen+ and inrliea+es his desire
to be heard.
d) Then the applicant or agent may make representation.
8.2.4.2 Public meetinas. under the Plannina Act. shall be limited to two public
meetings per Planning and Development Committee meeting, unless
otherwise agreed between the Municipal Clerk and the Director of Planning
and Development Services.
8.2.4.3 After the Public Meeting has concluded, any related communications and
the related report will be considered as determined by the Chair, without a
need to alter the agenda.
8.2.5 Delegations
8.2.5.1 See Section 9.
8.2.6 Presentations
8.2.6.1 See Sub -section 7.4.
8.2.7 Reports / Correspondence Related to Delegations / Presentations
8.2.7.1 See Sub -section 7.7.
8.2.8 Communications
8.2.8.1 See Sub -section 7.8.All designed to be presente
,
GG insil uhish pertain +e the m nda+e efthe R_D Gernmit+ee and directly
Wednesday prier to the o en+ of the PD Committee meeting shall
he lister! under the headipe 'Gemmunisa+ions' en the a eRda and shall he
ol„ded ip its entirety unless i+ is impraGtiGal to do s iR ..hioh ease it shell
he inol,APH inA rnAnnpr A,.; rle+ermined h�i+he M61nisipal !'`IerL The
MURiGipal Clerk shall e.nsure that a e-Rda+'on fer disposal is preparerl
and i oli ded in the agenda.
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8.q rA-cc+zrr+'p doscrP+o.,�-rvn"-vrzrr.,f +ho�rt� �.,i.�.o.,ol (`IorL o., i+cn�-vrf ��-�"-oco.,.�,.,�-lo.,.�o v�.J
opal Cl opvnvcnr-.p
after the publishing of the n nrla anrd before the of the
ageRda feF theMeetiRg, may -he added agGRda. SUGh m-atter sh I.; be
GE)MMUROGated to the Members Of COURGO! and posted on the MUR'Gipal
ehsi+e As GR as sible
+ieR + he psS2„ted + -Pn G mmi++ee Pe
�
dab Se6tIC�iS 82.A1 +e�.Z.9i shall bellegibly wri++en tend shall Ret
�mTy--v°rn c-r'GrPrr�c-a
"mpertrneRt or improper tat++ter or am shall ide Rtify the
i 2therls\ ineL 2rling their name and anddress nshall be filed with the
M indsipal Clerk � rd
8z? 4 GeMMURRcat ons to be posted to the ;'Gipal webs+te may be abridged as
determined by the M indsipal Clerk +e faeili4ate pestinn
8.2.9 Staff Reports) and Staff Memo(s)
8d2.9d 1 Staff r er+s pertaining +e the on Gemmittee mandate a r Sub
G Z 2 e ether such matter as may he referred to the Dr1 Committee by
GE)URGOI shall be submitted to the PD Committee fer E;E)ns'deratOE)R See
Section 8.1.9.
8.2.10 New Business - Consideration
8.2.10.1 See Sub -section 8.1.10.Members may enl„ in+rerd62, motion
business, sided that the matter was 'n+re2ged prier to yeting on the
me+ien to rl Adopt the Agenrda errdanee with Sub ses+ien 8.2.2.1.
8.2.12._As per SubrseGtien 10.12.2, all meti.,n QEed 'naAEEA_-. A_RG8 With
Sub seetien 8.2.2.1 shall he writing if requested by the Chair
82 12..2- Netw'4hstandiRg E n 8.Z.2.1 At the G.A_r���n�f rlispeR�geff all
b626ine66 pertaining +e a sh r eeti..e departmentand p r+e n sirinripg
Heads pertaining teaRy matter within the maprdate of the Dr1 Gomm'+tee
n!u 'ng these net nlisted rily on the a rd na � d
8 2 12 4Ale+.2i4hs+a prling C 2h_seg+ion A 7 .12.1, aprl despite Sub SeG+iep 7 7
ethers present and ..e+ing
8.2.11 Unfinished Business
8.2.11.1 See Sub -section 7.11.
8.2.12 Questions to Department Heads / Request for Staff Report(s)
8.2.12.1 See Sub -section 7.15.
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8.2.13 Confidential tsltems
8.2.13.1 The Confidential Renerts S
S, h_;P.t*nn n Q See Section 8.1.13
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 or Committee, as the case
may be. The Delegation shall be limited to the time fixed by Sub -sections
9.2.5, 9.3.3 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
and not to enter into debate with the delegate.
9.1.3 Where a Delegation wishes to provide Members with a petitien . nd/ r
written communication supporting the Delegation's comments, the petitieR
and/or communication shall be provided to the Municipal Clerk, or designate
prior to the meeting. 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 delegates(s) contact the
Municipal Clerk's Division to register for the Meeting. The delegate's
electronic presentation must be provided to the Municipal Clerk's Division
no later than close of business the Friday preceding the commencement of
the Meeting. Electronic presentations will not be installed once the meeting
has begun.
9.1.5 No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this Sub -section. For clarity, a delegation cannot
be a delegation to another delegation as a way of circumventing other rules
outlined in this by-law.
9.1.6 Persons desiring to verbally present information on matters of fact, or to
make a request to Council, shall give notice, including the subject of their
address and their desired action requested of Council, to the Municipal
Clerk by the Agenda Update Deadline.
9.1.7 No delegation may speak to matters described in section 2.5.
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9.1.9 No deleaation may soeak to the same matter twice within the same
meeting.
9.1.10 Where a delegation request is received after the Agenda Deadline and the
matter is included on an agenda for a meeting, the request will be added to
the addendum for the applicable meeting if written notice to the Clerk is
received by the Agenda Update Deadline for the appropriate Standing
Committee.
9.1.11 Where a delegation request is received after the Agenda Deadline and the
matter is not included on the agenda for the meeting, then the request will
not be placed on the immediate agenda but rather would be a future
Agenda of the appropriate Standing Committee.
9.1.12 A delegation, not listed on the agenda, shall not be heard without the
consent of at least 2/3 majority of the Members present and shall be
pertaining to an item listed on the Agenda.
9.2 Delegations - 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 Sub -section 9.2.1, Delegations shall not be permitted to
speak to a matter that was considered at is the GG
Committee or PD Committee, or is the subject of a Staff report or matter
included under Unfinished Business included on the Council agenda, where
the Delegation spoke to the item at the GG Committee or PD Committee
meeting, including a Public Meeting, which is being reported to Council,
unless a majority of the Members present vote in favour to hear the
delegation at the adoption of the agenda.
9.2.3 Notwithstanding Sub -section 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 GG Committee or PD
Committee, subject to Sub -section 9.2.4, the Delegation may be permitted
to speak to Council on the matter.
Request to Speak
9.2.4 Delegations shall notify the Municipal Clerk no later than the Agenda
Update Deadline but delegations are encouraged to register prior to noon
on the Wednesday prior to the meeting to be included in the published
agendafif400n (1 G) m u tes n r to GIASPof h, isiness en the CridaPFeGv
edine the Ge-uneil Meeting and shall state the nature of the issue the..
wish to address
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Time Limits — Delegations
9.2.5 Each Delegation in respect of a particular matter shall be limited to ten
{)five 5 minutes in addition to the time taken by Council to ask questions
of the delegate and to receive answers to such questions.
9.3 Delegations - To 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 insufficient time for a delegation respecting it to
be heard by the Committee, all Delegations shall be directed to and heard
by Committee, as determined by the Municipal Clerk.
9.3.2 Notwithstanding Sub -section 9.3.1, unless otherwise determined by the
Municipal Clerk, Delegations shall not be permitted to:
a) speak to PD Committee regarding a matter that is the
subject of a Public Meeting which is included on the PD
Committee agenda.
b) speak to PD Committee regarding a matter which is within
the mandate of the GG Committee meeting.
c) speak to GG Committee regarding a matter which is within
the mandate of the PD Committee meeting.
Time Limits - Committee
9.3.3 Each Delegation to rr.w.rAi+tee in es+ of artinU lar matter shall he
limited to ten (10) minutes OR ad-d-itinn to the time to Len by the Members to
ask questions of the Delega+inn and to r answersve to s nh questions. -
See Section 9.2.5.
Request to Speak — Required
9.3.4 Delenatiens shall ne+ify the M inisinal Glerk ne .'-Ater then fifteen (15) m i 1t
r to Alnse of h, en +he 'Friday n edinn the Gemmit+ee Meeting
nrl shal.' s+-A+e the nature of the issue they wish +e address See Section
9.2.4
Disposition of Items
9.3.5 When a delegate is addressing a matter that is not otherwise 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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9.3.6 Where there is no accompanying Staff report or Staff communication
dealing with the subject of the delegation, the matter may be received or
referred to Staff by a simple majority vote. All other motions require a 2/3
majority vote of Council for approval.
9.3.7 When considering the disposition of items related to:
a) Provincial legislation, Council's position shall be forwarded to the
Association of Municipalities of Ontario (AMO) for review and
rnn_iriaratinn
b) Federal legislation, Council's position shall be forwarded to the
Federation of Canadian Municipalities (FCM) for review and
consideration.
c) Forwarding Council's decision to all Ontario Municipalities, Staff shall
forward to the Association of Municipalities of Ontario (AMO) for review
and consideration and not to all municipalities.
9.3.8 When Council only receives a correspondence item for information, no
correspondence shall be sent to the submitter.
9.4 At a Public Meeting
9.4.1 Where it is Council's responsibility to conduct a public meeting, the PD
Committee shall conduct such Public Meeting.
Time Limits
9.4.2 delegations to PD Committee in eet of any eh matter fer which the
P blig Meeting is hold! shall he limiter- to ten (1 n) m Utes on ar-dll+inn to the
time taken by INUmhers to ask n estioRs of the delegatien and to rereive
answers to sigh g estiens. See 9.2.5.
Request to Speak — No Request Required
9A.3 A person wishing to make representation on a matter for which a Public
Meeting is held, is not required to give written notice,_ unless it is required as
part of electronic meeting participation procedures as set out by the
Municipal Clerk and is not required to be listed on the PD Committee
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 Committee
meeting unless otherwise directed in the call of the special meeting.
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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 Council/Committee;
d) disobey the decision of the Chair;
e) enter into debate with Members; or
f) appropriate any unused time allocated to another Delegation or
Presenter.
q) deviate from answering directly when answering a question.
9.7 Petitions
9.7.1 An organizer of a public petition may submit the petition for inclusion on the
appropriate Committee agenda. That organizer shall provide their name,
address, email, and telephone number with the petition. No petition shall be
considered valid and accepted by the Municipal Clerk without the name and
contact information of the organizer.
9.7.2 Any communication with respect to the petition will be with the organizer of
the petition only.
9.7.3 Petitions shall contain the printed name, signature, and municipal address
of the individuals signing it. Signatures without contact information, or who
are not Clarington residents, shall be redacted by the individual or group
submitting the Petition or it will not be accepted by the Municipal Clerk nor
placed on an agenda.
9.7.3 The Municipal Clerk shall refuse to place a petition on the agenda where the
subject matter:
a) Does not meet the Communications criteria as outlined elsewhere in
this By-law;
b) Involves matters listed in section 2.5.
9.7.4 Signatories to a petition are deemed to have waived any expectation of
privacy as a result of the record being created for review by the general
public.
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9.7.5 Petitions may be placed on agendas at the discretion of the Municipal Clerk,
including the summarizing of the petition and numbers of signatories.
Section 10 — Rules of Debate and Conduct
10.1 Conduct of Members of Council or Members of Committees
10.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or speak
disrespectfully 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 Sub -section 10.6.2. If a Member
persists in any such disobedience after having been called to order
by the Chair, the Chair shall forthwith order him to vacate the
Council Chambers or room in which the Meeting is being held, or
remove him from an electronic meeting but if the Member
apologizes they may, by majority vote of the Members, be
permitted to retake their seat; or
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 them, 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.
10.3.2 Members may ask questions of Staff, with the Chair's permission, during
any portion of a Council or Committee meeting if it pertains to a matter on
the Agenda.
The Corporation of the Municipality of Clarington
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10.4 Point of Privilege
10.4.1 Where a Member considers that their 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 or 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 appeal immediately thereafter to Council or Committee,
as the case may be, the decision of the Chair shall be final.
-0.6� 2 if thre-pv el her `err'i hes-to appeal thhe--der.isien of the Chair, he shall appeal
odiately to Ge moil or Gernmittee s the Gase Fnay be otherwise the
rt o.isior of fho Chair is final
10.6.2 If the decision is appealed, the Chair will give concise reasons for their
ruling, and will call a vote by Council or Committee, as the case may be,
without debate on the following question: "Will the ruling be sustained?",
and the decision of Council or Committee is final. The Chair may vote on
this question. In the event of a tie vote, the ruling of the Chair shall be
deemed to be sustained.
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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 request the question or motion under discussion to be
read at any time during the debate but not so as to interrupt a Member while
they are speaking.
10.9 Speak Once - Reply
10.9.1 No Member shall speak more than once to the same question without leave
of Council or Committee, as the case may be, bV a simple majority, 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 Limit
10.10.1 No Member, without leave of Council or Committee, as the case may be,
shall speak to the same question or in reply for longer than five (5) 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 Sub -section 10.11.1, when a Member has been recognized
as the next speaker, then imm^,,i^+^I„ h^fer^ eakin^ such Member may
ask a question through the Chair to any Member, the Chief Administrative
Officer, or Department Head, or designate, .^^ ^I matte
^^+^,f i.voth the business of the nay �ni^in^lit., but only for the purpose of
obtaining information on matters contained on the Agenda, 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 eeting o
GGUR^il nl^ss etherwise n vid-ed- f^r in this PFeGeduFal By law, all metieRs
s+ be On wr+'n
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Win. Netw'thstandiRg 2--h--sestien 10 12.1 OR a MeetiRg of GGMFR;+fee1;,'Gss
aGGerdanGe with Sub sonfieRS 8.1.2.1 and 8.2.2.1 must be in irifiRg if
requested by the Chair.
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 Sub -section
10.12.8 it shall be stated by the Chair before debate.
10.12.3 Notwithstanding Sub -section 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.
Withdrawn
10.12.4 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Council or Committee, but may be withdrawn by the mover at
any time before decision ^r amendment.
No debate until properly moved and seconded
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 jurisdiction 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 or Committee unless it is for purposes of requesting a
higher level of government to make changes to policy or legislation.
Matters and Motions Without Notice 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;
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f) Question be now put; and
g) 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;
b) To table with instructions (instructions for tabling only to be
debatable);
c)To amend,
d) To extend the time of the Meeting;
e) To receive for information or with thanks;
f) To adopt the Minutes;
q) To approve/receive the Standing Committee or Advisory Committee
Minutes;
h) To passing By-laws;
i) To dispense with Consent Agendas; and
on) That the Question Now be Put., apd
d) Te ressind.
Motion in Writing
10.12.10 Except as provided by Sub -section 10.12.8 and 10.12.9, all motions
introduced at a CA, nPol Meeting shall be in writing unless listed in the
Agenda.
Priority of Disposition
10.12.11 A motion properly before Council or Committee for decision must be
disposed of before any other motion can be received except a motion in
respect of matters listed in Sub -section 10.12.8 or 10.12.9.
Motion to Refer or Commm*
10.12.12 A motion to refer a matter under discussion by Council or Committee shall
be considered before all amendments to the main question are considered
until the motion to refer is decided.
10.12.13 A motion to refer a matter where an amendment is currently under
consideration, shall be considered a motion to refer the original matter and
any amendments that have been put to a vote, and shall include an
amendment that has not vet been decided.
10.12.14 If communication items, or delegations, are referred to another Agenda item
which is subsequently referred to a future meeting, there is no need to
include the communication items, or delegations, in the Agenda of the
subsequent meeting.
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10.12.15 A motion to refer ^r�n,mi+, or any amendment to it, is debatable and shall
include:
a) The Rarne of the ,,;++oo +To whom the matter is to be
referred, which may be Council, Committee, a Department or a
person, and
b) The terms for referring the matter and the time or period, if any, on or
within which the matter is to be returned.
Motion to Amend
10.12.16 A motion 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.
10.12.17 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
10.12.18 See Sub -section 7.14.
rarity vote of the Members present and voting provided that
n.,+i..o has hoon gIV8R IRArdanne with S, -h_sentien 7 14, aR d in a +ho
nfnroonid_ nn+ino hno nn+ hoon giveR, the Fnetinn ten nd n pFevieus nn+inn
��Gf��}}(��`��e UGH requireso fisin_+hirds (2/3) veto ref the Members present and
vEA g.
10.12.19 No motion to amend something previously adopted a decided matter of
Council shall be in order when the original motion has been implemented
resulting in a legally binding commitment that is in place on the date that a
motion to reconsider, or amend, is to be debated.
Question Be Now Put
10.12.20 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;
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d) When resolved in the affirmative, 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) Gan o4*May 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 Table
10.12.21 A motion simply to table is net Jeh- f- hlecannot be debated or amended
except where instructions are included, in which case, only the instructions
shall be debatable. Such motion cannot be amended.
10.12.22 The matter tabled shall not be considered again by the Council or
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 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
Committee.
10.12.25 A rv.etwe.n to liff o tohled mutter from the table is Gt of 1bjeGt to de -hate l
mom,, ndmPnt A motion to table shall only be used to table a matter
indefinitely. For clarity, if Council/Committee wishes to consider a matter at
a future meeting, a referral motion would be in order.
10.12.26 A motion that has been tabled at a previous Meeting cannot be lifted from
the table unless notice thereof is given in accordance with Sub -section 7.14.
Motion to 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. For clarity, a motion to
divide shall be handled as follows:
a) Original motion is duly moved and seconded;
�I
Mover and seconder for a motion to decide whether to divide ABC
from the motion;
c) If the motion to divide passes, the Chair calls the vote on the
balance;
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d) A new mover and seconder is required to move ABC and the Chair
calls the vote on ABC.
Motion to Rescind
10.12.28 See Sub -section 7.14.
requires a rarity vote of the Members present and vetinn nyided that
netarUe hoo be rY _nrd_an._o igath S b-se tan-R 7 1 A and inGualse fho
aforesamd nOt'Ge has not been given, the motion to re6Gind a previous aGti
�Gf�}(�`�e inril requiresa fisin_fhirds (2/3) veto ref the Members n onf and
vEA g.
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 reverse. 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 Procedural Notice of Motion has been introduced according to the
procedure for Procedural Notice of Motion, provided for in
Sub -section 7.14;
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 unless the reconsideration is on a
matter passed bV a previous Council wherein a simple majority ^f ho
umbers present and votin,, is sufficient to reconsider the matter;
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;
f) If a motion to reconsider is decided in the affirmative at a Meeting,
the previously adopted resolution of Council remains in force unless
and until Council adopts a new resolution; and
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g) A vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
10.12.30.1 Where a written decision of the Local Planning Appeal Tribunal (LPAT)
identifies findings with regard to an appeal and delivers those findings to
Council to make a new decision, the matter shall be placed as soon as
practicable on the PD Committee meeting agenda by way of a staff report,
following receipt of the written decision from LPAT. The matter shall be
deemed not to be a "reconsideration" under section 10.12.28 of this By-law.
10.12.31 No motion to reconsider a decided matter of Council shall be in order when
the original motion has been implemented resulting in a legally binding
commitment that is in place on the date that a motion to reconsider, or
amend, is to be debated.
Motion to Recess
10.12.32 A motion to recess shall provide for Council or 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.
10.12.33 A motion to recess is not debatable, but is amendable as to the length of the
recess.
Motion to Adjourn
10.12.34 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 or Committee, as the case may be;
d) Is not in order immediately following the affirmative 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.
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10.12.35 A motion to proceed beyond the scheduled adjournment time:
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 of two-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.
10.13.3 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of Interest Act to
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,
the member shall be deemed to have voted in the negative.
10.13.5 A Member not in their 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 Except for a Recorded Vote, Tthe Chair shall announce the result of every
vote.
Unrecorded Vote
10.13.9 The manner of determining the decision of the Council or 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 A Recorded Vote shall be in order at Council, Committee and Local Board
meetings, and may be requested immediately before or after the taking of
the vote.
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10.13.11 When a Recorded Vote is requested by a Member during a 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 shall 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 Chair shall vote last.
10.13.13 If a request for a recorded vote is made by the Chair, the order in which
Member's vote shall be in alphabetical order of the Members present and
voting. The Chair shall vote last.
10.13.14 The Municipal Clerk, or designate, shall announce the results of the
Recorded Vote.
Consent Resolution
10.13.15 Should a Member wish to discuss an item on a consent resolution, including
a change to the recommended motion, they would request the item be
"pulled" from the consent resolution and that item would be discussed
separately.
10.13.16 Should a Member have a pecuniary interest in an item on a consent
resolution, the item shall be removed from the consent resolution and dealt
with separatelL.
10.13.17 Should a Member wish to simply discuss an item on a consent resolution,
but not change the recommended motion, the Member may do so without
"removing" the item from the consent resolution.
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 room, or in an electronic meeting, or other such
place where the Meeting is held in accordance with Sub -section 4.1 of this
Procedural By-law, during a Meeting, shall maintain order and quiet and
may not:
a) Address Council or Committee without permission;
b) Interrupt any speaker or action of the Members or any other person
addressing Council or Committee;
c) Speak out;
d) Clap, except following award presentations;
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e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the conduct
of the meeting.
Section 11 - Implementation
11.1 Any omissions, or failure to strictly comply, with this By-law or any other
municipal legislation (including any notice which is substantively given but is
irregular) will not invalidate the holding of a meeting or any proceeding or
decision taken at the meeting.
11.2 By-law 2015-029 and all amendments thereto, including and may not be
limited to By-laws 2016-075, 2016-082, 2018-002, 2018-012, 2018-073,
2019-011, 2019-057, 2020-022, 2020-046, 2020-060, 2020-077 are hereby
repealed.
11.3 This Procedural By-law shall come into full force and effect on
By-law passed in open session this day of,
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