HomeMy WebLinkAboutLGS-011-24Staff Report
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Report To: General Government Committee
Date of Meeting: March 4, 2024 Report Number: LGS-011-24
Submitted By:
Reviewed By:
Authored By:
File Number:
Report Subject:
Rob Maciver, Deputy CAO/Solicitor
Mary-Anne Dempster, CAO Resolution#: GG-033-24, C-017-24
Lindsey Turcotte, Committee Coordinator
By-law Number:
Advisory Board and Committee’s Terms of Reference Update
Recommendations:
1.That Report LGS-011-24, and any related delegations or communication items, be
received;
2.That Resolution #GPA-008-04, regarding the Protocol for Council – Appointed
Advisory Committees, approved in 2004, be rescinded;
3.That Clarington’s Task Force on Affordable Housing be discontinued and that the
members be thanked for their contribution;
4.That the Tourism Advisory Committee be discontinued;
5.That the proposed new Terms of References for Clarington’s Advisory Committees,
as Attachments 1 through 7 to Report LGS-011-23, be approved;
6.That Staff be directed to advertise for the vacancies on the Accessibility Advisory
Committee and Samuel Wilmot Nature Area Management Advisory Committee; and
7.That all interested parties listed in Report LGS-011-24, and any delegations be
advised of Council’s decision.
Municipality of Clarington Page 2
Report LGS-011-24
Report Overview
This report details recommended changes to the Advisory Committees' Terms of Reference
to provide a standardized and consistent governance approach.
1. Background
1.1 At the January 12, 2004, General Purpose and Administration Committee meeting,
Resolution #GPA-008-04 was passed:
That Report PSD-007-04 be received;
That the Protocol for Council – Appointed Advisory Committees be
approved; and
That a senior management member from the Department responsible
for each Committee to which the protocol applies be directed to attend
the first meeting of each new term to advice the Committee of their role
and mandate, and to review the Protocol.
1.2 The Protocol, Attachment 1 to Report PSD-007-04, was created to set out the matters
that are to be included in our Advisory Boards and Committee’s Terms of Reference
and to establish standardized rules of procedure for the committees and members.
2. Terms of Reference Review
2.1 Since the protocol was approved in 2004, there have been many changes in
technology, governance, accountability, and general procedures. Therefore, the best
approach to account for the changes is to create a standardized template for all
Advisory Committees.
2.2 The new template addresses issues and inconsistencies between the Committees and
provides better governance, including improved efficiency and effectiveness.
2.3 The template includes purpose and mandate, scope of activities, definitions,
composition, qualifications, length of term, remuneration, election of members, staff
resources, responsibilities, and obligations of members (conduct of members,
absences, resignations, chair and vice chair, and conflict of interest), frequency of
meetings, quorum, land acknowledgment statement, procedure and rules,
recommendations, public participation, electronic participation, open meetings,
agendas, minutes, budget, purchasing/procurement policy, and insurance.
Municipality of Clarington Page 3
Report LGS-011-24
Notes Applicable to all Committees
2.4 This report, and review, does not include the four Municipal Services Boards (MSBs)
(Tyrone Hall Board, Solina Hall Board, Newcastle Hall Board, and Newcastle Arena
Board) as they have different legislative requirements and are established through a by-
law, not a separate Terms of Reference. The review of the MSBs will be coming at a
future date.
2.5 Composition – many of the Committees had a minimum/maximum or a range of
members, which made it unclear how many members the Committee needed and
difficult to determine quorum and for Council to appoint members. Therefore, any of the
Committees that had a minimum/maximum range of members have been changed to a
set number of members and is reflected in their Terms of Reference.
2.6 Subcommittees – Subcommittees have been included in the Terms of Reference in the
past, however, Staff believe they are not required or needed in most cases. Therefore, a
clause that states “Board/Committee functions or tasks can take place using voting
members and volunteers, without creating a subcommittee or working group.” has been
added to the terms of reference and is notwithstanding any existing subcommittees or
working groups.
2.7 Removal of a member – Previously, when a member was absent for three consecutive
meetings, the Chair was to notify the Municipal Clerk for removal and did not apply to
absences of a Member of Council. As Council appoints the members, Staff are
suggesting that the Committees, by resolution, request Council to remove the member,
including a member of Council, from the Committee. Additionally, Staff have added a
clause to allow the Committee to request that Council remove a member if they are
misrepresenting the Committee.
2.8 Workplan and Annual Report – All Committees shall prepare an annual report and work
plan that will include an update of initiatives and activities for Council to review, by either
a presentation to Council or through the Committee’s minutes. This will give Council a
better understanding of the activities of the Committee and the accomplishments they
have achieved.
2.9 Clarington’s Advisory Committees’ Terms of Reference have been replac ed with the
new template, but some Committees have particular aspects of their Committee that
need to be changed or clarified. Staff have consulted with each Committee, who concur
with the new terms of reference. All changes outlined below are reflected in each
Committees’ Terms of Reference.
Accessibility Advisory Committee
2.10 Staff are recommending the composition be changed from 7-10 voting members to 9
voting members (8 citizens and 1 Member of Council).
2.11 Accordingly, since Council appointed 7 members in January 2023, Staff are seeking
approval to advertise for 1 additional member.
Municipality of Clarington Page 4
Report LGS-011-24
Clarington Active Transportation and Safe Roads Advisory Committee
2.12 Staff are recommending the composition be changed from 8-10 voting members to 12
voting members (10 citizens, 1 Member of Council, Clarington’s appointee to the
Durham Active Transportation Committee).
2.13 In January 2023, Council appointed 10 members to the Committee, therefore no further
appointments are required.
Diversity Advisory Committee
2.14 In January 2024, Council amended the composition from 8 to 10 citizen members,
therefore no changes were required.
Clarington Heritage Committee
2.15 Staff are recommending the composition be changed from 5-12 voting members to 14
voting members (10 citizens, 1 Member of Council, 1 representative from the Newcastle
Village Historical Society, 1 representative from the Clarington Library, Museum, and
Archives, and 1 representative from the Architectural Conservancy Ontario – Clarington
Branch).
2.16 In January 2023, Council appointed 10 members to the Committee, therefore no further
appointments are required.
Samuel Wilmot Nature Area Management Advisory Committee
2.17 Staff are recommending changing the composition from “a minimum of 8 voting
members” to “12 voting members”.
2.18 Accordingly, since Council appointed 10 members to the Committee in January 2023,
Staff are seeking approval to advertise for the 1 remaining vacancy.
2.19 In 1998, when the Committee was established, there was a greater need for reporting to
the Ministry. Since that time, this Committee has evolved to be more of a Clarington
advisory Committee and less of a Ministry advisory Committee. Additionally, the
provision of the minutes to the Ministry has not been consistent and the Ministry has not
been concerned with missing oversight, so Staff are recommending that we discontinue
the requirement for the minutes to be sent to the Ministry. Should this change in the
future, this is an operational function that could happen and would not need to be
embedded in the Terms of Reference.
Municipality of Clarington Page 5
Report LGS-011-24
3. Task Force on Affordable Housing
3.1 The Clarington Task Force on Affordable Housing was created, in 2018, to provide
advice, comments, and recommendations to Council on issues related to affordable
rental housing for both low and moderately-low-income households and seniors housing
needs to support and address seniors both financially and physically.
3.2 The Task force was instrumental in developing Clarington’s Affordable Housing Tool
Kit. The Tool Kit was approved by Council in 2019 (CAO-013-19) and has resulted in
several initiatives including the Affordable Housing Fund. In the past two years changes
to legislation have impacted the provision of affordable housing in the province. The
changes culminated in Clarington’s Housing Pledge, which outlines the actions
Clarington will undertake to support the development of 13,000 housing units by 2031
(PDS-009-23; February 2023). Staff are implementing both the Tool Kit and the Housing
Pledge. The decision-making process associated with the Housing Pledge rest with
Council. With these changes, it is the appropriate time to discontinue the Affordable
Housing Task Force.
4. Tourism Advisory Committee
4.1 The Tourism Advisory Committee was established in 2018, arising out of a
recommendation contained in the Tourism Service Delivery Review. It was created to
provide advice, comments, and recommendations to Council on tourism services,
activities, and initiatives to promote the Municipality. Since that time, many forces have
affected Clarington’s tourism including changes in Clarington Staff/structure, the
removal of a Member of Council from the Committee, and COVID-19, which has
changed how we approach Tourism – from focusing on visitor attraction to offering the
same business retention, attraction, and expansion services provided to the
Municipalities and other business sectors. In January 2023, when the new term started,
no members were appointed to the Committee as it was noted that the Committee was
under review. As a result of the review, Staff are recommending that the Tourism
Advisory Committee be discontinued.
5. Financial Considerations
Not Applicable.
6. Strategic Plan
The recommendations of this report are consistent with L.1.3 of the Strategic Plan to
empower staff to identify opportunities to improve efficiency and effectiveness and
strengthening existing and build new partnerships with upper levels of government,
academia, businesses, community groups, and other sectors.
7. Concurrence
Not Applicable.
Municipality of Clarington Page 6
Report LGS-011-24
8. Conclusion
It is respectfully recommended that Committee approve the updated Terms of
References for Clarington’s Advisory Committee’s and direct Staff to advertise for any
open vacancies.
Staff Contact: Lindsey Turcotte, Committee Coordinator, 905-623-3379 ext. 2106 or
lpatenaude@clarington.net.
Attachments:
Attachment 1 – Accessibility Advisory Committee’s Terms of Reference
Attachment 2 - Agricultural Advisory Committee
Attachment 3 - Bowmanville Santa Claus Parade
Attachment 4 - Clarington Active Transportation and Safe Roads Advisory Committee
Attachment 5 - Clarington Heritage Committee
Attachment 6 - Clarington Diversity Advisory Committee
Attachment 7 - Samuel Wilmot Nature Area Management Advisory Committee
Interested Parties:
The following interested parties will be notified of Council's decision:
Accessibility Advisory Committee
Agricultural Advisory Committee
Bowmanville Santa Claus Parade
Clarington Active Transportation and Safe Roads Advisory Committee
Clarington Heritage Committee
Clarington Diversity Advisory Committee
Samuel Wilmot Nature Area Management Advisory Committee
Attachment 1 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Accessibility Advisory Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Accessibility Advisory Committee (AAC) provides advice to Council on
identifying, preventing, and eliminating barriers to people with disabilities in
municipal programs, services, initiatives, and facilities. The Committee plays a
pivotal role in helping Clarington become a barrier-free community and ensuring
obligations under the Accessibility for Ontarians with Disabilities Act, 2005
(AODA) are met.
2. Scope of Activities
2.1. The Accessibility Advisory Committee shall:
a) Advise Council of the requirements and implementation of accessibility
standards and the preparation of accessibility reports and other such matters
for which Council may seek its advice;
b) Provide advice to staff and Council on the development and implementation
of Clarington’s Multi-Year Accessibility Plan;
c) Provide feedback on Clarington’s annual status update on accessibility;
d) Participate in consultation requirements as described under the AODA and
its Standards;
e) Review and provide feedback on municipal development and re development
projects as required under the Design of Public Spaces (DOPS) Standard;
f) Review in a timely manner the site plans and drawings described in section
41 of the Planning Act that the AAC selects; and
g) Promote awareness of accessibility and inclusion.
Attachment 1 to Report LGS-011-24
3. Definitions
3.1. Barrier means anything that prevents a person with a disability from fully
participating in all aspects of society because of their disability, including a
physical barrier, an architectural barrier, an information or communications
barrier, an attitudinal barrier, a technological barrier, a policy, or a practice
(“obstacle”);
3.2. Disability means:
a) any degree of physical disability, infirmity, malformation or disfigurement that
is caused by bodily injury, birth defect or illness and, without limiting the
generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury,
any degree of paralysis, amputation, lack of physical co-ordination, blindness
or visual impediment, deafness or hearing impediment, muteness or speech
impediment, or physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device;
b) a condition of mental impairment or a developmental disability;
c) a learning disability, or a dysfunction in one or more of the processes involved
in understanding or using symbols or spoken language;
d) a mental disorder; or
e) an injury or disability for which benefits were claimed or receive d under the
insurance plan established under the Workplace Safety and Insurance Act,
1997 (“handicap”);
3.3. Delegation means a person desiring to verbally present information on matters
of fact, or to make a request to Committee.
3.4. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.5. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board, or commission under its authority.
3.6. Meeting has the same meaning as Section 238 of the Municipal Act, and 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.
3.7. Member means a Member of Council or Committee.
Attachment 1 to Report LGS-011-24
3.8. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid. Committee
Members
Composition
3.9. The Committee shall be comprised of the following 9 voting members, appointed
by Council:
a) 8 citizen members; and
b) 1 Member of Council.
3.10. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Qualifications
3.11. The Committee shall consist of the following:
a) The majority (50%) of the Committee shall be held by persons with
disabilities. If this requirement is not met, the Committee can still meet while
vacancies are advertised;
b) Must be a resident of the Municipality of Clarington;
c) Must have awareness and knowledge of the AODA and its Standards;
d) Must have awareness and knowledge of disab ility and accessibility issues;
and
e) Must be familiar with Clarington’s goods, services, and facilities.
Length of Term
3.12. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
3.13. Members serve on a voluntary basis and do not receive any form of
remuneration.
Attachment 1 to Report LGS-011-24
Election of Members
3.14. The Committee shall elect a Chair, Vice Chair, and Secretary from among its
voting membership. Members of Council and Municipal Staff sitting on the
Committee are not eligible to assume the position of Chair or Vice-Chair, except
as Election Chair, as outlined in this Terms of Reference.
3.15. The Chair, Vice Chair, and Secretary are elected at the first meeting of the term.
3.16. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
3.17. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
3.18. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) review of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
3.19. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
Attachment 1 to Report LGS-011-24
4. Responsibilities and Obligations of Members
General
4.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of the Committee Members
4.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
4.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
4.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
4.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
4.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
4.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
Attachment 1 to Report LGS-011-24
4.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
4.9. Members unable to attend a meeting cannot send an alternate.
Resignations
4.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
4.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
4.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
4.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
Attachment 1 to Report LGS-011-24
4.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Conflict of Interest
4.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
5. Meetings
Frequency and Location of Meetings
5.1. The Committee will meet once per quarter or at the call of the Chair. Exceptions
may include:
a) Meetings in July and August;
b) During the year of a municipal election, meetings may be cancelled in the last
quarter of the year; and
c) Where quorum is not reached.
5.2. The location of the meetings will be determined by the Committee.
Quorum
5.3. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
5.4. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Attachment 1 to Report LGS-011-24
Procedures and Rules
5.5. The Committee is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of
Conduct, this Terms of Reference, and any other applicable policies and/or
procedures.
Recommendations
5.6. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
5.7. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
5.8. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
5.9. The Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
5.10. See Appendix B for details on motions and amendments.
Electronic Participation
5.11. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
5.12. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
5.13. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Attachment 1 to Report LGS-011-24
Open Meetings
5.14. All Committee meetings must be open to the public unless discussing items
noted below.
5.15. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
5.16. The following are reasons for a closed meeting of an advisory board or
Committee, in accordance with Section 239 (2), Municipal Act, 2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
5.17. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
5.18. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
5.19. 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 employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
Attachment 1 to Report LGS-011-24
5.20. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
6. Reporting and Communications
Consultation
6.1. In accordance with section 29(5) of the Accessibility for Ontarians with
Disabilities Act, 2005, Council shall seek advice from the AAC on the
accessibility for persons with disabilities to a building, structure or premises, or
part of a building, structure or premises,
a) That the Council purchases, constructs or significantly renovates;
b) For which the Council enters into a new lease; or
c) That a person provides a municipal capital facility under an agreement
entered into with the Council in accordance with section 110 of the Municipal
Act, 2001.
6.2. Council may assign other roles and responsibilities to the Committee, however,
Council must ensure that the Committee is still able to meet its legal
responsibilities.
Agendas
6.3. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations/Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Attachment 1 to Report LGS-011-24
Minutes
6.4. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
6.5. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
6.6. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
7. Budget, Annual Reports and Work Plan
7.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
7.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
Attachment 1 to Report LGS-011-24
8. Purchasing/Procurement Polic y
8.1. All expenditures must relate to matters directly within the mandate of the
Committee.
8.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
8.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exc eed the
Committee’s approved budget require Council approval.
9. Insurance
9.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
9.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
Attachment 1 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 1 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Attachment 1 to Report LGS-011-24
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state t he exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 2 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Agricultural Advisory Committee
of Clarington
Terms of Reference
1. Purpose and Mandate
1.1. The Committee helps Municipal Staff identify any agricultural-related issues and
makes recommendations to Council. The Committee provides Council and staff
with an agricultural perspective on many issues that impact the indust ry. It also
provides advice on municipal policy and by-laws as they relate to agriculture.
2. Scope of Activities
2.1. The Agricultural Advisory Committee shall:
a) identify, review, discuss and make recommendations to Council on
agricultural and agricultural-related issues.
b) assist the Municipality in the implementation of its agricultural goals,
objectives and policies;
c) provide advice, comments and recommendations on issues and concerns of
farmers and agricultural organizations;
d) identify key issues of concern for farmers which can be addressed by
municipal government;
e) provide advice, comments and recommendations on alternative solutions,
approaches, plans or studies dealing with agriculture and related rural issues
which are within the responsibilities and financial capabilities of the
Municipality of Clarington;
f) monitor and report on changes within the agricultural industry including
agricultural land inventory;
g) identify and implement programs which encourage public awareness, land
stewardship and education of agricultural and rural issues;
h) inform individuals, groups and businesses of the Municipality's agricultural
goals, objectives and policies;
Attachment 2 to Report LGS-011-24
i) provide advice, comments and recommendations as requested by the
Municipality of Clarington Council on miscellaneous matters as they arise;
j) consult with other community groups and committees on issues of mutual
interest.
3. Definitions
3.1. 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.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and means
any regular, special or other meeting of a council, of a lo cal 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.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 11 voting members,
appointed by Council:
a) 10 citizen members; and
b) 1 Member of Council.
4.2. The Committee shall consist of one, volunteer representative from the Durham
Region Federation of Agriculture.
4.3. The Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Attachment 2 to Report LGS-011-24
Qualifications
4.4. All members must be residents of or own property in the Municipality of
Clarington.
4.5. Members will be selected based on various farming interests and experiences
(dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.).
4.6. Members shall possess knowledge of agricultural issues within Clarington ,
technical training in an agriculture-based field, and/or be currently involved in
agricultural activities.
4.7. Any nominated representative of an organization involved in agricultural and rural
issues are invited to apply.
Length of Term
4.8. The Committee shall stagger the terms of members, by appointing half of the
membership every two years, for a four-year term, or until their successor is
appointed (Endorsed by Council on March 25, 2013, by Resolution #C-105-13).
Remuneration
4.9. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.10. The Committee shall elect a Chair and Vice Chair from among its voting
membership. Members of Council and Municipal Staff sitting on the Committee
are not eligible to assume the position of Chair or Vice-Chair, except as Election
Chair, as outlined in this Terms of Reference.
4.11. The Chair and Vice Chair are elected every two years.
4.12. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
Attachment 2 to Report LGS-011-24
4.13. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.14. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) preparation of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.15. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct, and any guidelines for the Committee.
Attachment 2 to Report LGS-011-24
Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. A Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. A Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
Attachment 2 to Report LGS-011-24
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Attachment 2 to Report LGS-011-24
Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read, at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. The Committee is subject to the Clarington Procedural By-law which governs the
proceedings of Council and its Committees and Boards, Council Code of
Conduct, this Terms of Reference, and any other applicable policies and/or
procedures.
Attachment 2 to Report LGS-011-24
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. The Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
Attachment 2 to Report LGS-011-24
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. 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 employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
Attachment 2 to Report LGS-011-24
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
Attachment 2 to Report LGS-011-24
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
9. Purchasing/Procurement Policy
9.1. The Committee has no purchasing or procurement responsibilities.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
Attachment 2 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 2 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Attachment 2 to Report LGS-011-24
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 3 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Bowmanville Santa Clause
Parade Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Bowmanville Santa Claus Parade is responsible for organizing and
conducting the Annual Bowmanville Santa Claus Parade and ensuring that an
inclusive and safe parade event is planned and presented for the community.
The mission of the Committee shall be accomplished through the provision of
advice and recommendations on Christmas parade matters, as well as hands -on
work.
2. Scope of Activities
2.1. The Committee is responsible for organizing, coordinating, supporting, and
supervising the annual Santa Claus Parade which includes, but is not limited to,
the following activities:
a) Establish the date, route, and theme;
b) Registration of Floats and Walkers;
c) Marshalling and recruiting volunteers;
d) Partnering with local businesses;
e) Judging, advertising, and trophies; and
f) Working with Durham Regional Police, Municipal Law Enforcement, and any
other authorities required to obtain the appropriate permissions. Further that
the Committee shall make all participants aware of the applicable
licences/permissions.
Attachment 3 to Report LGS-011-24
3. Definitions
3.1. 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.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and 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.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 11 voting members,
appointed by Council:
a) 10 citizen members; and
b) 1 Member(s) of Council.
4.2. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
4.3. An unlimited number of non-voting volunteers may also be involved in parade
activities.
Qualifications
4.4. Members shall demonstrate commitment to, and interest in, the Clarington
community; and
4.5. Members shall be residents of, work in, or have a place of business in the
Municipality of Clarington.
Attachment 3 to Report LGS-011-24
Length of Term
4.6. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.7. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.8. The Committee shall elect a Chair, Vice Chair, Treasurer, and Secretary from
among its voting membership. Members of Council and Municipal Staff sitting on
the Committee are not eligible to assume the position of Chair or Vice -Chair,
except as Election Chair, as outlined in this Terms of Reference.
4.9. The positions are elected at the first meeting of the term.
4.10. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair an d conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.11. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.12. This committee does not receive Staff assistance.
5. Responsibilities and Obligations of Members
General
5.1. A member of a Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
Attachment 3 to Report LGS-011-24
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
Attachment 3 to Report LGS-011-24
5.11. Council may appoint new members to a Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Treasurer Responsibilities
5.15. In accordance with Clarington’s guidelines and policies, the Treasurer is
responsible for:
a) Drafting the budget for Committee consideration, and submission to Council.
b) Reimbursements for all purchases upon receiving the receipt.
Attachment 3 to Report LGS-011-24
c) Accounting related tasks (i.e. banking deposits; issuing cheques).
d) Reporting to the Committee at each meeting, on the financial status of the
Committee.
e) Maintaining all financial documents.
f) Preparing the year-end report.
Secretary Responsibilities
5.16. The secretary is responsible for:
a) Assisting the Chair in preparing and distributing meeting agendas; and
b) Preparing meeting minutes for each meeting and distributing them to the
Municipal Clerk’s Office, in accordance with Section 7.2.
Conflict of Interest
5.17. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Attachment 3 to Report LGS-011-24
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Attachment 3 to Report LGS-011-24
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
Attachment 3 to Report LGS-011-24
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. 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 employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next ap propriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations/Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
Attachment 3 to Report LGS-011-24
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the budget timelines established by the Deputy CAO / Treasurer.
8.3. The Committee shall provide a year-end financial report to the Finance and
Technology Department, outlining how funds were used.
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Deputy CAO /
Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
9.4. All assets are Municipality of Clarington assets.
Attachment 3 to Report LGS-011-24
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. The event is covered by Municipality of Clarington’s insurance coverage.
Attachment 3 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 3 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Attachment 3 to Report LGS-011-24
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 4 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Clarington Active Transportation and
Safe Roads Advisory Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Clarington Active Transportation and Safe Roads Advisory Committee
(CATSRAC) will advise Council on matters related to active transportation, trails,
cycling networks, pedestrian connectivity, and transportation safety. The
Committee will also provide input into the implementation of The Clarington
Transportation Master Plan and encourage, promote, and participate in the
planning of active transportation policies, programs, and facilities.
2. Scope of Activities
2.1. The Clarington Active Transportation and Safe Roads Advisory Committee shall:
a) Advise Council on matters related to active transportation, trails, cycling
networks, pedestrian connectivity, and transportation safety;
b) Provide input into the implementation of the Clarington Transportation Master
Plan and encourage, promote, and participate in the Planning of active
transportation policies, programs, and facilities;
c) Serve as a liaison between the community and the Municipality on matters
pertaining to active transportation and safe roads;
d) Advise Staff in the development of transportation plans, policies, and
programs to promote and encourage safety for all road and trail users;
e) Advise on the development, delivery, and maintenance of active
transportation policies, programs, and facilities;
f) Educate residents and businesses regarding the environmental, social,
economic, and health benefits of active transportation;
g) Encourage citizens to use forms of active transportation through public
outreach, education programs, and events (e.g. monthly walks, etc.);
Attachment 4 to Report LGS-011-24
h) Educate the public on the benefits, necessities, and safety aspects of active
transportation and Safe Roads;
i) Support active transportation as an economic driver;
j) Collaborate with adjacent municipalities and the Region of Durham to support
and coordinate active transportation initiatives;
k) Promote and enhance continuous and integrated cycling and leisure trails (i.e.
trails, sidewalks, bicycle lanes) within Clarington and with its neighbouring
municipalities;
l) Encourage legislation and policy changes that support and strengthen active
transportation;
m) Provide an increased understanding of active transportation and Safe Roads
issues and concerns within Clarington;
n) Advise on new or improved transportation initiatives for all road users
including pedestrians and cyclists; and
o) Assist in monitoring the effectiveness of all transportation and safety
initiatives.
3. Definitions
3.1. 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.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and 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.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
Attachment 4 to Report LGS-011-24
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 12 voting members,
appointed by Council:
a) 10 citizen members;
b) 1 Member of Council; and
c) Clarington’s appointee to the Durham Active Transportation Committee .
4.2. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Qualifications
4.3. All members must be residents of the Municipality of Clarington and represent
active transportation methods in the Community such as cycling, hiking, running,
and seniors.
Length of Term
4.4. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.5. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.6. The Committee shall elect a Chair and Vice Chair from among its voting
membership. Members of Council and Municipal Staff sitting on the Committee
are not eligible to assume the position of Chair or Vice-Chair, except as Election
Chair, as outlined in this Terms of Reference.
4.7. The Chair and Vice Chair are elected every two years.
Attachment 4 to Report LGS-011-24
4.8. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Cha ir and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.9. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.10. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) preparation of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.11. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Attachment 4 to Report LGS-011-24
Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. A Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. A Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Attachment 4 to Report LGS-011-24
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
Attachment 4 to Report LGS-011-24
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read, at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from the Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
Attachment 4 to Report LGS-011-24
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
Attachment 4 to Report LGS-011-24
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. 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 employees of
the board or persons retained under contract with the board, or officers,
employees, or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Attachment 4 to Report LGS-011-24
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
Attachment 4 to Report LGS-011-24
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
Attachment 4 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 4 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when th e vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at lea st
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Attachment 4 to Report LGS-011-24
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state t he exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 5 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Clarington Heritage Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Clarington Heritage Committee assists the Municipality of Clarington in its
efforts to identify, review, discuss, and make recommendations to Council on
properties and issues of cultural heritage value or interest. The Committee is a
volunteer advisory committee established by the Municipality of Clarington
Council in accordance with the provisions of the Ontario Heritage Act. Committee
members are responsible to the Municipality of Clarington and are bound by By-
law 2006-079, establishing Clarington’s Municipal Heritage Committee.
2. Scope of Activities
2.1. The Clarington Heritage Committee shall:
a) Prepare, evaluate, update, and maintain a list of properties of cultural
heritage value or interest, and a list of cultural heritage landscapes;
b) Advise and assist Council on all matters relating to Part IV and Part V of the
Ontario Heritage Act, on all matters relating to properties of cultural heritage
value or interest, and on all matters relating to cultural heritage landscapes;
c) Represent cultural heritage issues on various municipal committees as
requested;
d) Conduct a fair and equitable analysis of all matters relating to cultural
heritage conservation prior to making a recommendation to Council;
e) Implement programs and activities, as decided by the Committee, which
would increase public awareness and education of cultural heritage
conservation issues, and promote community involvement;
f) Utilize funds budgeted by Council and generated through fund raising
activities to conserve the Municipality’s cultural heritage, increase public
awareness and education, conduct research, and provide for the general
education and administration of the Committee; and
g) Prepare a periodic report to Council to advise Council of the Committee
activities.
Attachment 5 to Report LGS-011-24
3. Definitions
3.1. 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.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and 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.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 14 voting members:
a) 10 citizen members, appointed by Council;
b) 1 Member of Council;
c) A representative from the Newcastle Village and District Historical Society
(not appointed by Council);
d) A representative from the Clarington Library, Museum and Archives; if Staff,
an ex-officio member (not appointed by Council); and
e) A representative from Architectural Conservancy Ontario – Clarington Branch
(not appointed by Council).
4.2. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Attachment 5 to Report LGS-011-24
Qualifications
4.3. The Committee shall seek to obtain the following as voting members:
a) Clarington residents from each of the four municipal wards that are
experienced in heritage conservation matters;
b) Building and design specialist; and
c) An architectural historian.
4.4. Members shall possess knowledge of cultural heritage issues within Clarington,
relevant heritage conservation experience, technical training in a heritage
planning field, and/or have current involvement in cultural heritage community
activities.
Length of Term
4.5. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.6. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.7. The Committee shall elect a Chair and Vice Chair from among its voting
membership. Members of Council and Municipal Staff sitting on the Committee
are not eligible to assume the position of Chair or Vice-Chair, except as Election
Chair, as outlined in this Terms of Reference.
4.8. The Chair and Vice Chair are elected at the beginning of every two years.
4.9. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.10. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Attachment 5 to Report LGS-011-24
Staff Resources
4.11. The municipal department responsible for a Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting m aterials to members;
b) preparation of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.12. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of a Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
Attachment 5 to Report LGS-011-24
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
Attachment 5 to Report LGS-011-24
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Attachment 5 to Report LGS-011-24
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Attachment 5 to Report LGS-011-24
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.15. The following are reasons for a closed meeting of an advisory boar d or
Committee, in accordance with Section 239 (2), Municipal Act, 2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
Attachment 5 to Report LGS-011-24
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. 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 employees of
the board or persons retained under contract with the board, or officers,
employees or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations/Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Attachment 5 to Report LGS-011-24
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
Attachment 5 to Report LGS-011-24
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
Attachment 5 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 5 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a
motion by saying “I move…”.
Another member seconds the motion. If there is no seconder, no
discussion or vote takes place; it is not recorded in the minutes; and the
Committee either proposes a different motion or moves to the next agenda
item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Attachment 5 to Report LGS-011-24
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
The Chair should give up the chair when they move a motion. In this case,
the Vice-Chair or any other member may act as Chair until the motion is
voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 6 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Clarington Diversity Advisory
Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Clarington Diversity Advisory Committee (“the committee”) shall provide
advice, comments and recommendations on issues affecting diversity in our
community in an effort to foster awareness, reduce barriers, promote inclusion
and engage our residents. The committee strives towards a safe, welcoming and
inclusive Clarington, where differences are celebrated, and the voices of all
peoples are heard.
2. Scope of Activities
2.1. The Diversity Advisory Committee shall:
a) Serve as a liaison between the community and the Municipality on matters
pertaining to inclusion, diversity, equity, and anti-racism (IDEA) with a focus
on fostering greater understanding of inclusion issues in the community;
b) Identify Municipal policies and processes that may be counteractive to the
Municipality’s IDEA strategy and recommend applicable changes and options;
c) Serve as a resource to Staff as they identify and work to remedy potential and
existing barriers that prevent equitable access within programs, services, and
policies;
d) Consult with other Regional and Municipal community groups and committees
on issues of mutual interest that impact Clarington;
e) Build relationships and collaborate with diverse community groups and
organizations to understand their needs and p erspectives in order to raise
awareness and address IDEA barriers;
f) Facilitate discussions with Municipal businesses and organizations
responsible for organizing community celebrations and events on ways to
increase representation and celebrate Clarington’s diversity;
Attachment 6 to Report LGS-011-24
g) Engage Clarington residents and facilitate opportunities to educate and
celebrate the different aspects of diverse cultures and traditions; and
h) Represent the Diversity Advisory Committee at community events, functions,
and celebrations.
3. Definitions
3.1. 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.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and 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.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the meeting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 11 voting members,
appointed by Council:
a) 10 citizen members, including two youth members (16 to 24 years); and
b) 1 Member of Council.
4.2. The Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Attachment 6 to Report LGS-011-24
Qualifications
4.3. Members appointed to this Committee shall be residents of the Municipality of
Clarington and represent a broad range of under-served and equity-seeking
groups such as, but not limited to Indigenous Peoples; racialized people; Two
Spirit, Lesbian, Gay, Bisexual, Transgender, Queer and/or Questioning, Intersex,
Asexual (2SLGBTQQIA), and additional ways in which people choose to identify;
people of diverse ethnic or cultural origin; newcomers, or new Canadians.
4.4. The Committee members shall have:
a) The ability to research issues relevant to the Committee’s responsibilities;
b) Experience working in teams, with community groups/boards;
c) Knowledge, living or lived experience with diversity, equity, and inclusion
matters; and
d) Commitment as a change-agent in diversity, equity and inclusion matters in
the community.
Length of Term
4.5. The Committee shall stagger the terms of members, by appointing half of the
membership (5 members) every two years, for a four-year term, or until their
successor is appointed.
Remuneration
4.6. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.7. The Committee shall elect a Chair, Vice Chair, and Secretary from among its
voting membership. Members of Council and Municipal Staff sitting on the
Committee are not eligible to assume the position of Chair or Vice-Chair, except
as Election Chair, as outlined in this Terms of Reference.
4.8. The positions are elected every 2 years, at the first meeting of the new year.
4.9. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
Attachment 6 to Report LGS-011-24
4.10. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.11. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) review of summary meeting minutes and Committee correspondence
(including assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.12. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Attachment 6 to Report LGS-011-24
Conduct of the Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
5.6. The committee members shall contribute time, knowledge, skill and expertise to
the fulfillment of the Diversity Advisory Committee’s responsibilities; research
issues relevant to the Committee’s responsibilities as required; work with staff to
implement Council’s decisions relevant to the committee’s responsibilities, and
commit to attend regular meetings throughout the year.
Absences
5.7. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a ch ild by the member.
5.8. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.9. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.10. Members unable to attend a meeting cannot send an alternate.
Attachment 6 to Report LGS-011-24
Resignations
5.11. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.12. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.13. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.14. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.15. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Attachment 6 to Report LGS-011-24
Conflict of Interest
5.16. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minute s
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
the voting members present. Each voting member of the Committee has one
vote.
Attachment 6 to Report LGS-011-24
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any point in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
6.13. The committee will also request participation, as required, from groups such as:
a) Diversity and Immigration – Region of Durham;
b) Durham Regional Police Services;
c) Clarington Public Library;
d) PFLAG Durham;
e) Visual Arts Centre of Clarington;
f) Active 55+ (Clarington);
g) Other organizations as needed; and
h) Other municipal departments as required.
Attachment 6 to Report LGS-011-24
Open Meetings
6.14. All Committee meetings must be open to the public unless discussing items
noted below.
6.15. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
6.16. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.17. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.18. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.19. 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 employees of
the board or persons retained under contract with the board, or officers,
employees or agents of the Municipality.
Attachment 6 to Report LGS-011-24
6.20. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
Attachment 6 to Report LGS-011-24
f) Presentations / Delegations;
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
8.3. The responsible department shall oversee the Committee’s budget.
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
Attachment 6 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nom inee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 6 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
Attachment 6 to Report LGS-011-24
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or rejected another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motio n. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.
Attachment 7 to Report LGS-011-24
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Samuel Wilmot Nature Area
Management Advisory Committee
Terms of Reference
1. Purpose and Mandate
1.1. The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC)
is a group of volunteers appointed by the Municipality of Clarington to assist the
Municipality and Ministry of Natural Resources and Forestry in managing the
Samuel Wilmot Nature Area. The Committee is also dedicated to preserving and
improving the condition of the Nature Area for the benefit of the wildlife that
resides there and the enjoyment of the residents of Clarington. The Committee
plays an educational role for residents and visitors by organizing public
presentations, events, and activities related to nature and the environment.
2. Scope of Activities
2.1. The Samuel Wilmot Nature Area Management Advisory Committee (SWNAMAC)
has responsibilities for the following issues:
a) Complement the Municipality’s implementation of the recommendations in
the Samuel Wilmot Nature Area Environmental Management Plan (EMP);
b) Raising public awareness;
c) Encouraging volunteerism for educational activities;
d) Fund-raising; and
e) Monitoring changes in the ecosystem.
Attachment 7 to Report LGS-011-24
3. Definitions
3.1. 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.
3.2. Motion means a proposal moved by a Member and seconded by another
Member, for the consideration of the Committee.
3.3. Municipality means the Corporation of the Municipality of Clarington and may
refer to any agency, board or commission under its authority.
3.4. Meeting has the same meaning as Section 238 of the Municipal Act, and 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.
3.5. Member means a Member of Council or Committee.
3.6. Quorum means a minimum number of appointed members that must be present
at the meetings to make the proceedings of the mee ting valid.
4. Committee Members
Composition
4.1. The Committee shall be comprised of the following 12 voting members,
appointed by Council:
a) 11 citizen members; and
b) 1 Member of Council.
4.2. The Committee shall consist of one, non-voting representative from the
Ganaraska Region Conservation Authority.
4.3. Committee functions or tasks can take place using voting members and
volunteers, without creating a subcommittee or working group.
Attachment 7 to Report LGS-011-24
Qualifications
4.4. All members must be residents of the Municipality of Clarington, shall possess
various skills, and will participate in the implementation of the EMP. The required
skills are as follows:
a) Technical – shall interpret the EMP, recommend the work plan on a yearly
basis and provide leadership during the implementation of projects and
monitoring;
b) Public Relations – shall create a public relations strategy focusing on public
awareness, education, and promoting the site;
c) Fund-raising – may create a fund-raising strategy aimed at soliciting private
funds, donations-in-kind, and investigating charitable status; and
d) Volunteer support – shall be responsible for soliciting volunteers and
organizing work programs.
4.5. The Committee shall be supported by volunteers, who can be any individuals
from the public, who possess various skills or who have an interest in the site
and are willing to participate in protection/enhancement projects or other aspects
such as fund-raising, writing, leading walking tours, tree planting, collecting litter,
trailblazing, etc.
Length of Term
4.6. Membership shall run concurrent with the term of Council (4 years) or until their
successor is appointed.
Remuneration
4.7. Members serve on a voluntary basis and do not receive any form of
remuneration.
Election of Members
4.8. The Committee shall elect a Chair, Vice Chair, and Secretary from among its
voting membership. Members of Council and Municipal Staff sitting on the
Committee are not eligible to assume the position of Chair or Vice -Chair, except
as Election Chair, as outlined in this Terms of Reference.
4.9. The positions are elected at the first meeting of the term.
Attachment 7 to Report LGS-011-24
4.10. Before the election of the Chair, either a Council member, Clarington Staff, or the
former Chair shall be the Election Chair during the election portion of the
meeting. Once the Chair is elected, they may take the Chair and conduct the
other elections and the remainder of the meeting. See Appendix A for the
Election Process.
4.11. If any of the elected positions become vacant, another election will be held for
that position. If the Vice-Chair becomes vacant, the Chair may appoint a member
of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected.
The elections, when required, will be held at the next meeting of the Committee
in accordance with the process set out in Appendix A.
Staff Resources
4.12. The municipal department responsible for the Committee shall provide clerical,
administrative, and technical assistance, as deemed appropriate by the Deputy
CAO, to ensure the proper functioning of the Committee, which include:
a) preparing and forwarding meeting materials to members;
b) review of meeting minutes and Committee correspondence (including
assistance in drafting);
c) professional advice on matters within the mandate of the Committee; and
d) assist the Committee in participating in events and activities related to its
mandate.
4.13. Staff resources are provided only to assist the Committee in undertaking its
mandate. Additional requests of Staff, such as original research or organization
of events shall be at the discretion of the Deputy CAO and within Staff, time, and
budget constraints.
5. Responsibilities and Obligations of Members
General
5.1. A member of the Committee shall have the following duties:
a) to deliberate on, and execute, the purpose and mandate of the Committee;
b) to attend meetings and work activities;
c) to vote when a motion is put to a vote;
Attachment 7 to Report LGS-011-24
d) to read, understand, and respect the Procedures and Rules, including the
Code of Conduct and Purchasing By-law, and any guidelines for the
Committee.
Conduct of Committee Members
5.2. The Chair, or a spokesperson/member appointed by the Committee, may speak
on behalf of the Committee to Council or the public. Other members shall not act,
or speak, on behalf of the Committee without prior approval of the Committee.
5.3. The Committee, or its members, shall not issue petitions, resolutions, or position
papers on behalf of the Committee unless specifically authorized by Council
resolution.
5.4. The Committee, and its members, shall also not act outside of the mandate and
advisory capacity of the Committee. Should the Committee wish to comment on
an issue that is within the mandate of another Council Committee, the Chair shall
consult with the responsible Staff Liaison(s) and the Chair of the other
Committee.
5.5. The Committee, by resolution, shall have the right to censure members that, in
the Committee’s opinion, are misrepresenting the Committee and may request
Council to remove that person from the Committee, by providing a brief
explanation of the request within a recommendation of the Committee’s minutes
(which may include closed session).
Absences
5.6. This section does not apply to a Committee member who is absent for 20
consecutive weeks or less if the absence is a result of the member’s pregnancy,
the birth of the member’s child or the adoption of a child by the member.
5.7. Members unable to attend a Committee meeting shall notify the Staff Liaison at
least 24 hours in advance.
5.8. If a member is absent for three consecutive meetings, the Committee, by
resolution, may request that Council remove the Member, including a Member of
Council, from the Committee.
5.9. Members unable to attend a meeting cannot send an alternate.
Attachment 7 to Report LGS-011-24
Resignations
5.10. Members who wish to resign shall notify the Chair, and the Municipal Clerk, in
writing, of the resignation. The Chair shall notify, either by email or on an agenda,
the other members of the resignation but shall not give details of the resignation
other than timing.
5.11. Council may appoint new members to the Committee to fill any vacancies, as
required, in accordance with Clarington’s “Appointment to Boards and
Committees Policy”.
Chair and Vice-Chair
5.12. It shall be the duty of the Chair to:
a) provide leadership to the Committee;
b) ensure that the Committee carries out its mandate;
c) act as the primary liaison between the Committee, Council, Clarington Staff
and Members of the Public.
d) set the meeting dates and agendas items, with input from Members , and the
Staff Liaison;
e) provide information to Members on any matter relating to the business of the
Committee;
f) open the meeting by taking the Chair and calling the members to order;
g) announce the business before the Committee and the order in which it is to
be acted upon;
h) receive and submit, in the proper manner, all motions presented by the
Members;
i) enforce the Rules of Procedure; and
j) adjourn the meeting when the business is concluded.
5.13. The Chair may eject any Committee Member or member of the public from a
meeting if, in the opinion of the Chair, that person is being disruptive or
disrespectful.
5.14. If the Chair is temporarily absent, or the position becomes vacant, the Vice-Chair
will assume the position and responsibilities of the Chair until a new Chair is
elected.
Attachment 7 to Report LGS-011-24
Conflict of Interest
5.15. A conflict of interest may arise for Committee members when their personal or
business interest conflict with the duties and decisions of the Committee. The
municipal conflict of interest requirements as defined by the Municipal Conflict of
Interest Act, R.S.O. 1990, c. M.50 will apply to the Committee. A Committee
member must disclose any potential or perceived conflict of interest and shall
remove themselves from the meeting for the duration of the discussion and
voting (if any) with respect to that matter.
6. Meetings
Frequency and Location of Meetings
6.1. The Committee shall meet a minimum of four times per year and shall establish a
meeting schedule that includes the time and place for the meetings.
Quorum
6.2. Quorum shall be a simple majority of the total number of currently appointed
Committee members (i.e., 50% plus one). If there is no quorum after 15 minutes
of the scheduled start time, the meeting shall be cancelled and/or rescheduled.
Land Acknowledgement Statement
6.3. In recognition of a necessary first step towards honouring the original occupants
of a place, and to recognize the traditional First Nations, Metis and/or Inuit
territories of a place, and to commemorate Indigenous peoples' principal kinship
to the land, a Land Acknowledgement Statement shall be read , at the beginning
of each meeting, in accordance with the Land Acknowledgement Guidelines.
Procedures and Rules
6.4. A Committee of Council is subject to the Clarington Procedural By-law which
governs the proceedings of Council and its Committees and Boards, Council
Code of Conduct, this Terms of Reference, and any other applicable policies
and/or procedures.
Recommendations
6.5. Recommendations and decisions reached by the Committee must be based on
consensus wherever possible. If a consensus cannot be reached and there are
different opinions on the issue, the Chair may call for a formal vote by show of
hands. Recommendations and decisions will be carried by a simple majority of
Attachment 7 to Report LGS-011-24
the voting members present. Each voting member of the Committee has one
vote.
6.6. Only recommendations and decisions that appear in the minutes of the
Committee can be considered as officially representing the position of the
Committee.
6.7. To approve a recommendation from a Committee, a Member of Council shall
remove it from the consent agenda and put forward a motion to approve the
recommendation found within the minutes of the Committee meeting.
6.8. A Committee shall not forward comments or recommendations directly to other
groups or agencies without the consent of Council.
6.9. See Appendix B for details on motions and amendments.
Electronic Participation
6.10. A member of the Committee is permitted to participate electronically in a
meeting, if the technology is available, and may be counted in determining
whether, or not, a quorum of members is present at any poi nt in time.
6.11. A Member may also participate electronically in a meeting that is closed to the
public, if the meeting is properly held in closed session. See the Open and
Closed Meetings section of these Terms of Reference.
Public Participation and Delegations
6.12. All Committee meetings are open to the public. Members of the public are not
permitted to participate in the Committee discussions but may appear as a
delegation before the Committee. Delegations shall be for a maximum of 10
minutes. Those wishing to appear as a delegation at a Committee meeting must
advise the Chair, Secretary, or Staff liaison a minimum of five days before the
meeting.
Open Meetings
6.13. All Committee meetings must be open to the public unless discussing items
noted below.
6.14. The Committee shall provide at least one week’s notice (i.e., an agenda) for a
regular or special meeting or 24-hour notice for a rescheduled meeting. Notice
will be provided using as many means as possible, including the municipality’s
website by forwarding the agenda to the Municipal Clerk’s Office.
Attachment 7 to Report LGS-011-24
6.15. The following are reasons for a closed meeting of an advisory board or
committee or Task Force, in accordance with Section 239 (2), Municipal Act,
2001:
a) Security or property
b) Personal matters about an identifiable individual, including municipal and
board employees
c) Proposed or pending acquisition or disposition of land by the municipality or
local board
d) Labour relations or employee negotiations
e) Litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board
f) Advice that is subject to solicitor-client privilege, including communications
necessary for that purpose.
6.16. In accordance with Section 239 (4) of the Municipal Act, 2001, before holding a
meeting, or part of a meeting, that is to be closed to the public, a municipality or
local board or committee of either of them shall state by resolution:
a) The fact of the holding of the meeting; and
b) The general nature of the matter to be considered at the closed meeting.
6.17. Where a meeting, or part of a meeting, is closed to the public, the Committee
shall request those persons not specifically invited to the closed meeting to
vacate the meeting room in which the meeting is being held.
6.18. 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 employees of
the board or persons retained under contract with the board, or officers,
employees or agents of the Municipality.
6.19. Minutes of the closed session shall be recorded and provided to the Clerk’s
Office for distribution to Council at their next appropriate meeting.
Attachment 7 to Report LGS-011-24
7. Reporting and Communications
Agendas
7.1. The Committee shall forward all agendas to the Municipal Clerk’s Office one
week before the meeting and shall include the following:
a) Date, time, location, electronic participation details;
b) Land Acknowledgement Statement;
c) Disclosure of Pecuniary Interest;
d) Presentations / Delegations
e) Adoption of Previous Minutes;
f) Items for Discussion; and
g) Adjournment.
Minutes
7.2. The Committee shall report to Council by presenting the unapproved minutes
immediately after the minutes are finalized by the Staff Liaison/Chair. Minutes do
not wait to be adopted by the Committee first. The draft minutes of all Committee
meetings shall be reviewed by the Staff Liaison/Chair and forwarded to the
Municipal Clerk’s Office for inclusion on the next Council Agenda.
7.3. Any changes to the minutes at the next Committee meeting, will be reflected in
those meeting minutes and a corrected or changed version of the previous
minutes shall be provided to the Municipal Clerk’s Office for publication.
7.4. Minutes shall include:
a) Date, time, location, and indication of whether electronic participation took
place;
b) Members absent and present;
c) Land Acknowledgement Statement;
d) Disclosure of Pecuniary Interest;
e) Adoption of Previous Minutes;
f) Presentations/Delegations;
Attachment 7 to Report LGS-011-24
g) Items and Recommendations Discussed and voted on;
h) Date, time, and location of next meeting; and
i) Adjournment.
8. Budget, Annual Reports and Work Plan
8.1. The Committee shall prepare an annual report and work plan that will include an
update of initiatives and activities for Council to review.
8.2. Any budget requests by the Committee shall be provided to Staff in accordance
with the municipalities budget timelines.
8.2.1. The Committee, in consultation with the Municipality, will recommend to Council
an annual capital budget for improvements in the Nature Area and expenditures
related to communications. All projects must be approved by Council prior to any
expenditures. The Committee shall be responsible for applying for grants from
various private sources and senior levels of government. The Department
responsible for the Committee will budget for the annual operating expenses
associated with the nature area.
9. Purchasing/Procurement Policy
9.1. All expenditures must relate to matters directly within the mandate of the
Committee.
9.2. All Committee expense information is considered to be public information and
shall be made available upon request to the Municipal Clerk or Treasurer.
9.3. All purchases shall be in accordance with the Municipality’s Purchasing By-law
and within the Committee’s approved budget. All expenses that exceed the
Committee’s approved budget require Council approval.
10. Insurance
10.1. The Committee members are covered through the Municipality of Clarington’s
insurance coverage for accidents and liability.
10.2. Coverage could be denied if Members were found not to be acting reasonably or
were in the act of committing a crime.
Attachment 7 to Report LGS-011-24
Appendix A
Election Process
Nominations – Accepting nominations, from the floor, for any position:
1. Nominator raises their hand to indicate they are going to nominate a member.
2. Does not need a seconder.
3. Nominees’ names are recorded in the minutes.
4. A person can nominate themselves.
5. A member can be nominated for more than one position but can only hold
one position at a time.
6. A member may be nominated even if they are not in attendance.
7. Nominees do not have to leave the room during the vote. They can participate
in the voting.
8. The Election Chair can continue presiding, even if they are one of the
nominees for the office.
9. Nominations are open until the Election Chair asks for nominations and there
are no names put forth at which time the Election Chair will close
nominations.
10. Nominees can remove their name at any point during the process.
Stand – As each member is nominated, the Election Chair asks the nominee if
they will have their name stand. If the member does not agree their name shall
not be included in the vote.
Voting
1. If there is only one nominee, that person is appointed.
2. If there is more than one nominee the Election Chair asks, for each nominee,
“All those in favour of Bob Smith for Chair, please raise their hands”. The
person with the most votes is appointed.
3. If the vote is tied, and there are more than two people nominated for the
position, the person with the least votes is removed and another round of
voting with the remaining members is conducted. If a tie vote remains with
two people, and all voting members are present, the selection will be made by
picking a name out of a hat.
Attachment 7 to Report LGS-011-24
Appendix B
Motions and Amendments
1. Voting on motions and their amendments is done in this order:
On the amendment to the amendment (the second amendment)
On the amendment
On the motion or the motion as amended (this must happen if approved
amendments have been added to the motion).
2. Tied Vote
If the vote is tied, the motion is lost.
3. Majority Vote
Every member present at the meeting, when the vote is called, shall vote unless
disqualified under the Municipal Conflict of Interest Act. The vote required to pass
a motion shall be a simple majority.
4. Reconsider a Lost Motion
A lost motion should not come up again during the same year unless at least
two-thirds of the members present to approve a motion that “the question be
reconsidered.” This motion shall be added to the agenda, is not debatable and
calls for an immediate vote.
5. Motions
The following steps are required to introduce, deliberate, and vote on a motion:
A member asks to speak and when their turn comes up, they make a motion
by saying “I move…”.
Another member seconds the motion. If there is no seconder, no discussion
or vote takes place; it is not recorded in the minutes; and the Committee
either proposes a different motion or moves to the next agenda item.
The Chair should restate the motion clearly after it has been made and
seconded “It is moved and seconded that …”.
Only one motion is addressed at a time.
Discussion is not in order until a motion has been stated by the chair.
Discussion follows. The Chair should not allow anyone to speak twice on a
motion until everyone has had a chance to speak once.
Attachment 7 to Report LGS-011-24
The Chair should give up the chair when they move a motion. In this case, the
Vice-Chair or any other member may act as Chair until the motion is voted on.
The vote is taken, and the Chair announces the result – “The motion is
carried”, or “The motion is lost.”
6. Negative Motions
Negative Motions are not in order and should not be allowed (i.e. “That the car
not be automatic transmission” should be changed to “That the car be standard
transmission”.)
7. Amendments
Amendments or small changes to a motion may be proposed at any time during
the discussion. It cannot be contrary to the main motion. It must be relevant to
the motion and can change the motion in only one of three ways:
By leaving out certain words
By adding certain words
By replacing certain words with others.
(Not more than two amendments may be made to an open motion at one time.
As soon as one amendment has been accepted or reje cted another may be
proposed if it is different from the one already defeated).
If dealing with motions or amendments, always state the exact wording. The
Chair may ask the secretary to read it if the phrase is forgotten.
Adoption of an amendment does not mean adoption of the main motion. The
amendment is carried before the main motion as amended. When the “main
motion, as amended” is on the floor, the Chair will state “main motion as
amended” before the vote.
8. Withdrawal of Motions
A motion can be withdrawn with the consent of the mover. If the seconder
withdraws a new seconder will be required before the motion can be voted on.
Amendments must be withdrawn in reverse order. If the mover refuses to
withdraw, the motions must be voted on.