HomeMy WebLinkAbout2015-029 Procedural By-law Consolidated - 2018-11-30Clarftwn
Municipality of
Clarington
Consolidated
Procedural By-law
2015-029
As of September 17, 2018
The Corporation of the Municipality of Clarington
Consolidation:
Procedural By-law 2015-029
Table of Contents
September 17, 2018 ......................................................1
Section 1 — Definitions and Interpretation..............................................2
Section 2 — General Provisions...............................................................5
2.1 Applicability..................................................................................................... 5
2.2 Suspension of Rules of Procedure.................................................................. 5
2.3 Issue not Addressed....................................................................................... 5
Section 3 — Duties of the Mayor and Council..........................................5
3.1 Duties of the Mayor......................................................................................... 5
3.2 Appointment of Deputy Mayor......................................................................... 6
3.3 Participation of Chair in Debate....................................................................... 7
3.4 Duties of a Member of Council........................................................................ 7
Section4 — Meetings................................................................................7
4.1
Regular Meetings............................................................................................ 7
4.2
Special Meetings.............................................................................................8
4.3
First Meeting of Council...................................................................................
8
4.4
Seating and Persons within Council Ring ........................................................
8
4.5
Quorum...........................................................................................................
9
4.6
Meetings Open to Public.................................................................................
9
4.7
Closed Meetings.............................................................................................
9
4.8
Notice of Meeting..........................................................................................
10
RegularMeetings..........................................................................................
10
SpecialMeetings...........................................................................................
11
Emergency Special Meetings........................................................................
11
4.9
Length of Meetings / Scheduled Break.........................................................
11
4.10
Portable Electronic Devices..........................................................................
12
4.11
Video Recording of Council and Committee Meetings ..................................
12
Section 5 — Committees.........................................................................12
5.1 General.........................................................................................................12
Exceptions..................................................................................................... 13
5.2 General Government Committee (GG) ......................................................... 13
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
5.3 Planning and Development Committee(PD)................................................. 14
5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations....................................................................... 14
Section 6 — Agendas and Minutes.........................................................15
6.1 Council Agenda............................................................................................. 15
6.2 GG Committee Agenda................................................................................. 16
6.3 Planning and Development Committee (PD) Agenda ................................... 17
6.4 Special Committee Agendas......................................................................... 18
6.5 Meeting Minutes............................................................................................ 18
Section 7 — Order of Proceedings - Council.........................................19
7.1
Call to Order..................................................................................................
19
7.2
Disclosure of Pecuniary Interest....................................................................
19
7.3
Announcements............................................................................................
20
7.4
Presentations................................................................................................
20
7.5
Delegations...................................................................................................
21
7.6
Communications...........................................................................................
21
7.7
Committee Reports.......................................................................................
22
7.8
Staff Reports.................................................................................................
22
7.9
Business Arising from Procedural Notice(s) of Motion ..................................
22
7.10
Unfinished Business......................................................................................22
7.11
Confidential Reports......................................................................................23
7.12
By-laws..........................................................................................................23
7.13
Procedural Notice(s) of Motion......................................................................
24
7.14
Other Business..............................................................................................
24
Section 8 — Order of Proceedings — Standing Committees .................24
8.1 General Government Committee (GG) ......................................................... 24
8.1.1 Call to Order.................................................................................................. 24
8.1.2 New Business -- Introduction........................................................................ 24
8.1.3 Adopt the Agenda......................................................................................... 25
8.1.4 Disclosure of Pecuniary Interest.................................................................... 25
8.1.5 Announcements............................................................................................ 25
8.1.6 Adoption of Minutes of Previous Meeting(s).................................................. 25
8.1.7 Delegations................................................................................................... 25
8.1.8 Communications........................................................................................... 25
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
8.1.9
Presentations................................................................................................
26
8.1.10
Staff Reports.................................................................................................
26
8.1.11
New Business -- Consideration.....................................................................
26
8.1.12
Unfinished Business......................................................................................26
31
8.1.13
Confidential Reports......................................................................................26
31
8.2
Planning & Development Committee (PD) ....................................................
27
8.2.1
Call to Order..................................................................................................
27
8.2.2
New Business -- Introduction........................................................................
27
8.2.3
Adopt the Agenda.........................................................................................
27
8.2.4
Disclosure of Pecuniary Interest....................................................................
27
8.2.5
Announcements............................................................................................
27
8.2.6
Adoption of Minutes of Previous Meeting(s)..................................................
27
8.2.7
Public Meetings.............................................................................................28
32
8.2.8
Delegations...................................................................................................
28
8.2.9
Communications...........................................................................................
28
8.2.10
Presentations................................................................................................
29
8.2.11
Staff Reports.................................................................................................
29
8.2.12
New Business -- Consideration.....................................................................
29
8.2.13
Unfinished Business......................................................................................29
8.2.14
Confidential Reports......................................................................................29
Section 9 — Delegations..........................................................................30
9.1
General.........................................................................................................30
9.2
To Council.....................................................................................................
30
Request to Speak — Required.......................................................................
31
TimeLimits....................................................................................................
31
9.3
To Committee................................................................................................
31
TimeLimits....................................................................................................
31
Request to Speak — Required.......................................................................
32
Disposition of Delegation...............................................................................
32
9.4
At a Public Meeting.......................................................................................
32
TimeLimits....................................................................................................
32
Request to Speak — No Request Required ...................................................
32
9.5
Special Meetings...........................................................................................32
9.6
Conduct of Delegations and Presenters........................................................
32
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Section 10 — Rules of Debate and Conduct..........................................33
10.1
Conduct of Members of Council or Members of Committees ........................
33
10.2
Address the Chair.........................................................................................
33
10.3
Order of Speaking.........................................................................................
33
10.4
Point of Privilege...........................................................................................
34
10.5
Point of Order................................................................................................
34
10.6
Appeal of Ruling of Chair..............................................................................
34
10.7
Members Speaking.......................................................................................
35
10.8
Question Read..............................................................................................
35
10.9
Speak Once - Reply......................................................................................
35
10.10
Time Limit......................................................................................................
35
10.11
Questions......................................................................................................
35
10.12
Motions..........................................................................................................35
41
Reading.........................................................................................................
35
Withdrawn.....................................................................................................
36
No debate until properly moved and seconded .............................................
36
Motion Ruled Out of Order............................................................................
36
Not within jurisdiction of Council....................................................................
36
Matters and Motions Without Notice and Without Leave ...............................
37
Motionin Writing...........................................................................................
37
Priorityof Disposition....................................................................................
37
Motion to Refer or Commit............................................................................
37
Motionto Amend...........................................................................................
38
Motion to Amend Something Previously Adopted .........................................
38
QuestionBe Now Put....................................................................................
38
Motionto Table.............................................................................................
39
Motionto Divide............................................................................................
39
Motionto Rescind.........................................................................................
39
Reconsideration............................................................................................
40
Motionto Recess..........................................................................................
40
Motionto Adjourn..........................................................................................
41
10.13 Voting on Motions.........................................................................................
41
UnrecordedVote...........................................................................................42
RecordedVote..............................................................................................
42
IV
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
10.14 Conduct of the Audience...............................................................................43
11. Implementation.............................................................................................. 43
Office Consolidation
Clarington
The Corporation of the
Municipality of Clarington
By -Law 2015-029
Procedural By-law
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Special Committees, and to
repeal By-laws 2011-016, as amended, 92-20 and 2005-021.
Passed, by Council, on: June 1, 2015
Consolidation: September 17, 2018
Amendments:
Amending By -Law Date Amendment Details
2016-075 September 19, 2016 Replace Section 4.10 (electronic devices)
2016-082 October 11, 2016 Replace Section 10.13.10 and amend
Section 10. 13.11 (recorded votes at
Committee)
2018-002 January 15, 2018 Definitions - Amend definition of meeting
2018-012 February 5, 2018 Amended to add the following sections
7.2.3, 7.2.4 & 7.2.5 under the "Disclosure
of Pecuniary Interest" Section
2018-073 September 17, 2018 Add Section 10.12.28.1, regarding a
written decision of the Local Planning
Appeal Tribunal (LPAT)
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Municipal Clerk's Department.
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
The Corporation of the Municipality of Clarington
By-law 2015-029
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Government Committee, its
Planning and Development Committee, and Special Committees, and
to repeal By-laws 2011-016, as amended, 92-20 and 2005-021.
WHEREAS Section 238 of the Municipal Act, 2001, as amended, requires Council to
adopt a procedure by-law for governing the calling, place, proceedings of meetings and
for public notice of meetings;
The Corporation of the Municipality of Clarington hereby enacts as follows:
Section 1 — Definitions and Interpretation
1.1 SHORT TITLE: This By-law may be cited as the "Procedural By-law".
1.2 For the purposes of this By-law, unless stated otherwise or the context
requires a different meaning:
Chair:
In the case of the Council Chair means the Mayor, Deputy Mayor, or the Member of
Council appointed to act as Chair during the absence of the Mayor and Deputy Mayor
from a Meeting or a portion of a Meeting. While acting as Chair the Member shall
exercise all of the powers and responsibilities of the Mayor under this Procedural
By-law.
In the case of the GG Committee, Chair means the Mayor, Deputy Mayor or
Department Liaison, whoever presides over a portion of a Meeting of the GG Committee
as provided for in Sub -section 5.2.1, of this Procedural By-law.
In the case of the PD Committee, Chair means the Planning Services Department
Liaison, as provided for in Sub -section 5.3.1 of this Procedural By-law.
In the case of a Special Committee, Chair means the Member appointed as such by
Council pursuant to Sub -section 5.1.3 of this Procedural By-law.
In the case of a sub -committee of a Special Committee, Chair means the Member
appointed as such by the Special Committee pursuant to Sub -section 5.1.3 of this
Procedural By-law.
Committee means a Committee of Council and includes Standing Committees, or
sub -committees of the Standing Committees and Special Committees.
Council means the Council of the Municipality of Clarington
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Councillor means a person elected or appointed as a Member of Council but does not
include the Mayor.
Delegation means a person desiring to verbally present information on matters of fact,
or to make a request to Council or Committee, as the case may be.
Department Liaison means a Member appointed as such pursuant to Sub -section
5.1.1 b) of this Procedural By-law.
Deputy Mayor means the Member of Council who is appointed to this position who, in
the absence of the Mayor, shall exercise all of the powers and responsibilities of the
Mayor as provided for in this By-law or any other by-law or statute.
GG means the General Government Committee of Council.
Holiday means a holiday as defined by the Legislation Act, S.O. 2006, Chapter 21,
Schedule F.
Mayor means the Head of Council.
Meeting 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 of a decision-making of the council, local board or committee.
Member means a Member of Council.
Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c.25, as amended or
replaced from time to time.
Municipal Clerk means the Clerk of the Municipality of Clarington and includes the
Deputy Clerk and any official of the Municipality appointed by Council to exercise the
power(s) of the Municipal Clerk in the absence of the Municipal Clerk and Deputy Clerk.
Municipal Conflict of Interest Act means the Municipal Conflict of Interest Act, R.S.O.
1990, c.M.50, as amended or replaced from time to time.
Municipal Elections Act, 1996 means the Municipal Elections Act, 1996, S.O. 1996,
c.32, as amended or replaced from time to time.
Municipal Freedom of Information and Protection of Privacy Act means the
Municipal Freedom of Information and Protection of Privacy Act, R. S. O. 1990, c. M. 56,
as amended or replaced from time to time.
Municipality means the Municipality of Clarington.
PD means the Planning and Development Committee of Council.
Pecuniary Interest has the same meaning as the term has in the Municipal Conflict of
Interest Act, R.S.O. 1990, c.M.50, as amended or replaced from time to time.
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Planning Act means the Planning Act, R.S.O. 1990, c.P.13, as amended or replaced
from time to time.
Point of Order means a statement made by a Member of Council during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
Point of Privilege means the raising of a question that concerns a Member of Council,
or all of the Members of Council, when a Member believes that his rights, immunities or
integrity or the rights, immunities or integrity of Council as a whole have been
challenged.
Presiding Member means the Member appointed to act as Chair pursuant to
Sub -sections 7.1.3, 8.1.1, and 8.2.1 of this Procedural By-law.
Procedural Motion means any motion concerning the manner or time of consideration
of any matter before the Council as opposed to the substance thereof and includes,
without limitation, the following:
a)
To extend the time of the Meeting;
b)
To refer;
C)
To amend;
d)
To recess;
e)
To table;
f)
To lift from the table;
g)
To adjourn;
h)
To divide;
i)
Question be now put; or
D
To suspend the Rules of Procedure.
Procedural Notice of Motion means a written notice, including the names and
signatures of the mover and seconder, advising Council that the motion described
therein to amend something previously adopted by Council, to rescind a previous
decision of Council, to lift a matter from the table, or to reconsider a previous decision of
Council, will be brought forward at a subsequent meeting.
Public Meeting means a public meeting in accordance with the Planning Act, R.S.O.
1990 c. P.13 or any other Act, for which notice has been given and during which any
person in attendance shall be provided an opportunity to make representation in respect
of the matter for which the Public Meeting is held.
Recorded Vote means the written record of the name and vote of every Member
present when the vote is called on any matter or question.
Rules of Procedure means the rules and requirements of this Procedural By-law.
Special Committee means a Special Committee of Council appointed pursuant to
Sub -section 5.1.3 of this Procedural By-law.
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Standing Committee means either the General Government Committee (GG) or the
Planning and Development Committee (PD) of Council.
Substantive Motion means any motion other than a Procedural Motion and includes
but is not limited to, a motion that embodies and/or establishes a policy, ratifies an
action, or gives direction on a matter.
Website means the Municipality's website address at www.clarington.net.
1.3 Unless the context otherwise requires, in this Procedural By-law the words
used in the male gender shall include the female gender and the singular
includes the plural, and vice versa.
Section 2 — General Provisions
2.1 Applicability
2.1.1 Without derogating from the other provisions of this Procedural By-law, the
rules and requirements contained in it shall be observed in all proceedings
of Council or Committees and shall be the rules and requirements which
govern the order of their business.
2.2 Suspension of Rules of Procedure
2.2.1 Despite Sub -section 2.1.1, the rules and requirements contained in this
Procedural By-law may be suspended by a vote of three-quarters (3/4) of
the Members present and voting.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal
to the Council or Committee, in session, as the case may be.
Section 3 — Duties of the Mayor and Council
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor to carry out the responsibilities set forth in
the Municipal Act, 2001, Section 225, and:
a) To open the Meeting of Council and GG Committee by taking the
Chair and calling the Members to order;
b) To announce the business before Council in the order in which it is
to be acted upon;
C) To receive and submit, in the manner prescribed by this Procedural
By-law, all motions presented by the Members of Council;
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
d) To recognize any Member who wishes to speak and to determine
the order of the speakers;
e) To put to vote all questions, which are regularly moved and
seconded, or necessarily arise in the course of the proceedings
and to announce the results;
f) To vote on all motions, which are moved and seconded, or
necessarily arise in the course of the proceedings;
g) To decline to put to vote, motions which contravene the provisions
of this Procedural By-law;
h) To enforce the provisions of this Procedural By-law;
i) To enforce on all occasions, the observance of order and decorum
among the Members;
j) To call by name, any Member refusing to comply with this
Procedural By-law and to order the Member to vacate the Council
Chamber, or the place of Meeting, as the case may be;
k) To cause to be expelled and excluded any member of the public
who creates any disturbance or acts improperly during a Meeting
and, if necessary, to direct the Municipal Clerk to seek the
appropriate assistance from the Durham Regional Police;
1) To authenticate, by signature, all by-laws and Meeting minutes;
m) To rule on any Points of Order raised by Members of Council; and
n) To adjourn the Meeting when the business is concluded, or if
considered necessary because of grave disorder, to adjourn the
sitting without putting to the vote any question, or suspend the
sitting for a time to be named.
3.2 Appointment of Deputy Mayor
3.2.1 At the first meeting of Council or as soon thereafter as is practical, Council
shall appoint a Member to act as a Deputy Mayor in the absence of the
Mayor. During any such absence of the Mayor, the Deputy Mayor shall
exercise all of the powers and responsibilities of the Mayor under this
By-law or any other by-law or statute.
3.2.2 Further to the appointment referenced in Sub -section 3.2.1, Council, in its
discretion, may appoint a Member to act as Deputy Mayor for the term of
Council. Alternatively, Council may appoint two Members of Council each
of whom shall act as Deputy Mayor during periods of the term of Council
which are specified in the appointment.
C:
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts
and the Chair's position on any matter before the Council, or a Committee
without leaving the chair, which may take place immediately prior to the
vote, but it shall not be permissible for the Chair to move a motion or debate
a question without first leaving the chair.
3.3.2 If during a Meeting of Council the Mayor desires to leave the chair to move
a motion or to take part in the debate pursuant to Sub -section 3.3.1, or
otherwise, the Mayor shall call on the Deputy Mayor to preside until the
Mayor resumes the chair.
3.3.3 If, at a Committee Meeting, the Chair desires to leave the chair to move a
motion or to take part in the debate pursuant to Sub -section 3.3.1, or
otherwise, the Chair shall call on the Mayor to preside until the Chair
resumes the chair. If the Mayor is chairing the Committee meeting, the
Deputy Mayor shall be called upon to preside until the Mayor resumes the
Chair.
3.4 Duties of a Member of Council
3.4.1 A Member of Council shall have the following duties:
a) to deliberate on the business submitted to Council or Committees
of Council, as the case may be;
b) to vote when a motion is put to a vote;
C) to Chair the portion of the GG Committee or PD Committee
Meeting for which he is the Department Liaison and assume the
duties of the Mayor as detailed in Sub -section 3.1.1 with the
exception of Sub -sections 3.1.1 a), 1) and n) at GG Committee and
3.1.1 a) and 1) at PD Committee;
d) Notwithstanding Section 3.4.1 c), the Chair of the PD Committee
meeting shall assume the duties of the Mayor as detailed in Section
3.1.1, with the exception of 3.1.1 (1); and
e) to apply and respect the Rules of Procedure.
Section 4 — Meetings
4.1 Regular Meetings
4.1.1 Unless otherwise directed by Council, the regular Meetings of Council, GG
Committee and PD Committee shall be held in the Council Chambers,
Municipal Administrative Centre, 40 Temperance Street, Bowmanville, ON
and at the dates and times as determined by Council resolution.
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
4.1.2 Unless otherwise directed by Council, the Special Committee Meetings shall
be scheduled by the Special Committee Chair at times and locations as
deemed appropriate to the mandate of the Special Committee.
4.2 Special Meetings
4.2.1 In addition to regular Meetings, special Meetings of Council, GG Committee
or PD Committee shall be held upon written direction signed by the Mayor
and delivered to the Municipal Clerk stating the date, time, location, and
purpose of such Meeting, and preference be given that said meeting shall
only be held within the Municipality of Clarington.
4.2.2 The Mayor may, at any time, summon a special Meeting of Council, GG
Committee or PD Committee and shall summon a special Meeting of
Council or Committee when requested to do so in writing by a majority of
Members, at the time mentioned in the request, and preference be given
that said meeting shall only be held within the Municipality of Clarington.
4.2.3 The Municipal Clerk shall summon a special Meeting of Council, GG
Committee or PD Committee when requested to do so in writing by a
majority of the Members, at the time mentioned in the request, and
preference be given that said meeting shall only be held within the
Municipality of Clarington.
4.2.4 Notwithstanding Sub -section 4.2.1, on urgent and extraordinary occasions,
an emergency special Meeting of the Council may be called by the Mayor,
without advance notice being given by the Municipal Clerk pursuant to this
by-law, to consider and deal with such urgent and extraordinary matters. In
this case, consent of two-thirds (2/3) of the Members to hold such Meeting
is necessary and such consent, if any, shall be recorded in the minutes by
the Municipal Clerk.
4.3 First Meeting of Council
4.3.1 The first Meeting of Council shall be held on the first Monday after Council
takes office pursuant to the Municipal Elections Act, 1996, at 7:00 pm in the
Council Chambers, Municipal Administrative Centre, 40 Temperance Street,
Bowmanville, ON.
4.4 Seating and Persons within Council Ring
4.4.1 Seating at the Council table shall be in alphabetical order of the Members'
surname, beginning in the most north/east position and proceeding
clockwise.
4.4.2 Only Members of Council and the Municipal staff shall be permitted to enter
the Council floor during the sitting of Council or Committee without the
permission of the Mayor or Committee Chair.
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
4.4.3 No person, other than a Member of Council or the Municipal staff, shall,
before or during a Meeting, place on the desks of Members or otherwise
distribute any material whatsoever unless such person is so acting with the
approval of the Mayor or Committee Chair.
4.4.4 Members of Council leaving their places prior to the adjournment shall
endeavour to do so in a manner so as not to disrupt the proceedings of
Council or Committee.
4.5 Quorum
4.5.1 A quorum of Council or Committee shall be four (4) Members, except as
otherwise stated. A concurring vote of a majority of Members present and
voting is necessary to carry a resolution. A quorum of a Special Committee
shall be a majority of the Members of the Special Committee.
4.5.2 If a quorum is not present within thirty (30) minutes after the time appointed
for a Meeting, the Municipal Clerk, or designate, shall record the names of
the Members present and the Meeting shall stand adjourned until the date
of the next regular Meeting or other Meeting called in accordance with this
Procedural By-law.
4.5.3 If during the course of a meeting, a quorum is lost, the Chair shall declare
that the meeting shall stand recessed temporarily or be adjourned until the
date of the next regular meeting or other meeting called in accordance with
the provisions of this By-law.
4.6 Meetings Open to Public
4.6.1 Subject to Sub -section 4.7, Meetings shall be open to the public and no
person shall be excluded there from except for improper conduct.
4.7 Closed Meetings
4.7.1 Council or Committee may, by resolution, close a Meeting or part of a
Meeting to members of the public in accordance with Sub -section 239(2) of
the Municipal Act, 2001.
4.7.2 Council or Committee shall, by resolution, close a Meeting or part of a
Meeting to members of the public where the subject matter to be considered
is a request under the Municipal Freedom of Information and Protection of
Privacy Act.
4.7.3 Council or Committee may hold a Meeting closed to the public where the
Meeting is held for the purpose of educating or training the Members and at
the Meeting no Member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the
Council or Committee.
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
4.7.4 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the matter to be considered at the closed
Meeting.
4.7.5 Where a Meeting or part of a Meeting is closed to the public, Council or
Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council or Committee and only those persons
specifically invited to attend the closed Meeting shall be permitted
to attend; or
b) request those persons not specifically invited to the closed Meeting
to vacate the Council Chambers, or such room in which the
Meeting is being held, as the case may be.
4.7.6 A Meeting shall not be closed to the public during a vote except where the
meeting is a closed Meeting permitted or required by statute, and where the
vote is for a procedural matter or for giving directions or instructions to
officers, employees or agents of the Municipality or persons retained under
contract with the Municipality.
4.7.7 Notwithstanding Sub -section 4.7.6, the vote on a resolution approving a
contract for the acquisition or disposal of land, including the sale of road
allowances, shall be conducted in open session.
4.8 Notice of Meeting
Regular Meetings
4.8.1 In December of each year, public notice of the regular Meeting schedule for
the following year shall be published in the newspapers of general
circulation in the Municipality and posted on the website. This notice of all
Meetings shall include the date, time and location of the Meetings.
4.8.2 Pursuant to Section 238 of the Municipal Act, 2001 public notice of each
regularly scheduled Meeting shall be deemed to be given by making the
agenda available in the Municipal Clerk's Office by end of business day of
the Friday preceding the regularly scheduled Meeting and on the website.
4.8.3 Notice of amendment to the Schedule of regular Meetings shall be posted
on the website at least one week prior to the amended Meeting date where
practical to do so.
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The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
4.8.4 The meeting schedule referred in Sub -section 4.8.1 shall generally be
based on a three week rotation. In the event that the regular meeting date
falls on a public holiday, the Council or Committee meeting, whichever the
case may be, shall meet at the same hour on the next day not being a
public holiday. One meeting shall be scheduled on the first Monday of July
(unless it is a public holiday in which case it shall be held at the same hour
on the next day not being a public holiday) and no regular meetings shall be
held during the month of August or between Christmas and New Year's.
PD Committee meetings shall be held at 7:00 PM and GG Committee
meetings shall be held at 9:30 AM.
Special Meetings
4.8.5 Notice of special Meetings shall be posted on the website not less than
twenty-four (24) hours before the time appointed for the special Meeting.
4.8.6 In addition to the notice provided for in Sub -section 4.8.5, written notice of a
special Meeting of Council or Committee shall be given to all Members.
4.8.7 The written notice referred to in Sub -section 4.8.6 above shall indicate the
nature of the business to be considered at the special Meeting of Council or
Committee, whether or not delegations will be heard, and the date, time and
place of the Meeting.
Emergency Special Meetings
4.8.8 Where an Emergency special Meeting of Council is held in accordance with
Sub -section 4.2.4, notice of the Emergency special Meeting shall be posted
on the website as soon as practical following the Emergency special
Meeting and shall, subject to Sub -section 4.7.1, indicate the nature of the
business considered at the Emergency special Meeting.
4.9 Length of Meetings / Scheduled Break
4.9.1 Meetings scheduled to commence at or before 9:30 AM, and which are in
session at 4:31 PM, will be adjourned unless otherwise determined by a
vote of two-thirds of the Members present.
4.9.2 Meetings which are scheduled to commence at or after 7:00 PM, and which
are in session at 11:01 PM, will be adjourned unless otherwise determined
by a vote of two-thirds of the Members present.
4.9.3 Where a meeting is scheduled to commence at or before 9:30 AM, there
shall be a scheduled 1 hour break at 12:00 noon unless otherwise
determined by a vote of two-thirds of the Members present.
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4.10 Portable Electronic Devices
4.10.1 The use of portable electronic devices by Members of Council and
Committee during Council and Committee meetings shall be permitted
provided the Member is not using the portable electronic device to phone; or
email, BBM, or text each other while the meeting is in session.
4.10.2 The use of portable electronic devices, such as cellular phones,
blackberrys, audible pagers or other similar communication device may only
be permitted to be used by persons in the gallery and staff while the
meeting is in session.
4.10.3 Despite Subsections 4.10.1 and 4.10.2, the use of any portable electronic
device may be prohibited by the Chair, if, in the Chair's opinion, the device
is interfering with any video or audio broadcast of the meeting or is
otherwise causing a disturbance.
4.10.4 Subsections 4.10.1 and 4.10.2 do not apply during a Meeting recess.
4.11 Video Recording of Council and Committee Meetings
4.11.1 With the exception of the Municipality and any publicly available
broadcaster, the video recording of a Council or Committee meeting is
prohibited within 3 metres of the Council ring.
4.11.2 Notwithstanding Sub -section 4.11.1, video recording by any person is not
prohibited for a presentation as defined in Sub -section 7.4.1 (a) of this
by-law.
Section 5 — Committees
5.1 General
5.1.1 There shall be two Standing Committees of Council, namely the General
Government (GG) Committee of Council and the Planning and
Development (PD) Committee of Council, which shall be organized as
follows:
a) GG and PD Committees shall be comprised of all Members of
Council.
b) Each Member shall be appointed as a Department Liaison as soon
as is practical after the first Meeting of Council or a vacancy occurs
for which he has been appointed Department Liaison. The
Department Liaison shall take the chair during that portion of the
GG Committee or PD Committee meeting dealing with the matters
pertaining to the Department for which he has been appointed
Department Liaison.
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Exceptions
5.1.2 Notwithstanding the Committee mandate outlined in Sub -section 5.2.2 and
Sub -section 5.3.2 and the provisions of Sub -section 9.4.1, Council may
consider any matter without referring it to GG Committee or PD Committee
and may withdraw a matter from the GG Committee or the PD Committee at
any time.
5.1.3 Notwithstanding the Committee mandate outlined in Sub -section 5.2.2, and
Sub -section 5.3.2 Council may at any time appoint one or more Members to
a Special Committee and appoint one of such Members the Chair of the
Special Committee. A Special Committee shall enquire into and report on
any matter assigned to it by Council. A Special Committee may appoint a
sub -committee of the Special Committee and a Chair of the sub -committee
to assist the Special Committee in performing its mandate.
5.2 General Government Committee (GG)
5.2.1 The Mayor shall call the meeting to order, preside during presentations and
delegations, and chair that portion of the meeting dealing with the matters
pertaining to the Department for which he has been appointed Department
Liaison. As well, the Mayor shall chair those portions of the meeting dealing
with matters raised under New Business or continued to be considered
under Unfinished Business of the agenda, and the motion to adjourn.
GG Committee Mandate
5.2.2 The GG Committee shall make recommendations to Council on all matters
not mandated by the PD Committee, including, without limitation, levels of
service and operational policy and budgetary matters. The GG Committee
shall consider all reports submitted to it by the Chief Administrative Officer
or Director of a Department, except for items which fall under the mandate
of the PD Committee, as indicated in Sub -section 5.3.2.
Reporting to Council
5.2.3 In all cases in which the GG Committee makes recommendations
respecting such matters, the GG Committee shall forward such
recommendations by way of committee report to Council for consideration
at the next regular Meeting of Council. In addition, the GG Committee shall
report to Council on any matter within the jurisdiction of the Municipality and
any other matter referred to it by Council and exercise such powers as may
be delegated to it by Council.
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5.3 Planning and Development Committee (PD)
5.3.1 The Chair of the PD Committee shall be the Planning Services Department
Liaison for matters pertaining to Planning. Where a matter from a
department other than Planning is being considered, the corresponding
Department Liaison shall Chair that portion of the Agenda. The Mayor shall
chair the PD Committee in the absence of the appropriate chair.
PD Committee Mandate
5.3.2 The PD Committee shall be mandated with holding public meetings, and
any other planning and development matter or matter deemed to require
public consultation and such other matters as may be referred to the PD
Committee by Council. The PD Committee shall consider all reports
submitted to it by the Chief Administrative Officer or Director of a
Department, for items which fall under the mandate of the PD Committee.
Reporting to Committee
5.3.3 In all cases in which the PD Committee makes recommendations respecting
such matters, the PD Committee shall forward such recommendations by
way of Committee report to Council for consideration at the next regular
Meeting of Council. In addition, the PD Committee shall report to Council
on any matter within the jurisdiction of the Municipality and any other matter
referred to it by Council and exercise such powers as may be delegated to it
by Council.
5.4 Appointments to Municipal Service Boards, Local Boards, Advisory
Committees and Corporations
5.4.1 The appointments of persons to Municipal Service Boards, Local Boards,
Advisory Committees and to the board of directors of Veridian Corporation
shall be considered first by the GG Committee and ratified by Council as
soon as practical following the first Meeting of Council, or as soon as
practical after a vacancy occurs as per the Council adopted Policy.
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Section 6 — Agendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular Meetings of
Council:
Meeting Called to Order
Moment of Reflection
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Presentations
Delegations
Communications
Committee Report(s)
Staff Report(s)
Business Arising from Procedural Notice of Motion (to be included on
agenda only if there is business to be considered under this Section)
Unfinished Business
By-laws
Procedural Notices of Motion (for consideration at subsequent Meeting)
Other Business
Confirming By-law
Adjournment
6.1.2 The agenda shall be provided to each member no later than 12:00 noon the
Friday preceding the commencement of the regular Council Meeting in
question.
6.1.3 At the discretion of the Municipal Clerk, an agenda item received after noon
on Wednesday and before the commencement of the meeting, which is of
an urgent nature or directly relevant to a matter on the agenda for the
meeting, may be added to the agenda. Such matter shall be communicated
to the members of Council and posted on the Municipal website as soon as
possible.
6.1.4 The business of Council shall be considered in the order as it appears on
the agenda, unless otherwise decided by a vote of the majority of the
Members present and voting.
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6.2 GG Committee Agenda
6.2.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
the GG Committee:
Call to Order
New Business -- Introduction
Adopt the Agenda
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Delegations
Communications
Presentations
Staff Reports
New Business -- Consideration
Unfinished Business
Confidential Reports
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GG Committee agenda is
provided to each member no later than 12:00 noon the Friday preceding the
commencement of the regular GG Committee Meeting.
6.2.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after noon on Wednesday and
before the commencement of the meeting, which is of an urgent nature or
directly relevant to a matter on the agenda for the meeting, may be added to
the agenda. Such matter shall be communicated to the members of Council
and posted on the Municipal website as soon as possible.
6.2.4 The business of GG Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
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6.3 Planning and Development Committee (PD) Agenda
6.3.1 The Municipal Clerk shall cause to be prepared an agenda under the
following headings for the use of the Members at the regular meetings of
PD Committee:
Call to Order
New Business -- Introduction
Adopt the Agenda
Disclosure of Pecuniary Interest
Announcements
Adoption of Minutes of previous meeting(s)
Public Meetings
Delegations
Communications
Presentations
Staff Reports
New Business -- Consideration
Unfinished Business
Confidential Reports
Adjournment
6.3.2 The Municipal Clerk shall ensure that the PD Committee agenda is provided
to each member no later than 12:00 noon the Friday preceding the
commencement of the regular PD Committee Meeting.
6.3.3 At the discretion of the Municipal Clerk, an agenda item, including a new
business item to be introduced, received after noon on Wednesday and
before the commencement of the meeting, which is of an urgent nature or
directly relevant to a matter on the agenda for the meeting, may be added to
the agenda. Such matter shall be communicated to the members of Council
and posted on the Municipal website as soon as possible.
6.3.4 The business of PD Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
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6.4 Special Committee Agendas
6.4.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the meetings of the
Special Committee:
Call to Order
Disclosure of Pecuniary Interest
Adoption of Minutes of previous meeting(s)
Matters of Business
Adjournment
6.4.2 The Municipal Clerk shall ensure that the Special Committee agenda is
provided to each member no later than 24 hours preceding the
commencement of the Special Committee Meeting.
6.4.3 The business of Special Committee shall be considered in the order as it
appears on the agenda for its Meeting, unless otherwise decided by a vote
of the majority of the Members present and voting.
6.5 Meeting Minutes
6.5.1 The Municipal Clerk, or designate, shall cause minutes to be taken of each
Meeting of Council or Committee, whether it is closed to the public or not.
These minutes shall include:
a) the place, date and time of Meeting;
b) the names of the Chair or Chairs and a record of the attendance of
the Members; should a Member enter after the commencement of
a Meeting or leave prior to adjournment, the time shall be noted;
C) the reading, if requested, correction and confirmation of the minutes
of prior Meetings;
d) declarations of pecuniary interest; and
e) all resolutions, decisions and all other proceedings of Council or
Committee, as the case may be, without note or comment.
6.5.2 Where the minutes have been delivered to the Members in advance of the
Meeting, the minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
6.5.3 Following approval of the minutes, the minutes shall be signed by the Mayor
and the Municipal Clerk or designate.
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6.5.4 The Municipal Clerk, or designate, shall ensure that the minutes of the last
regular and/or special Meetings of Council or Committee held more than
five (5) days prior to a regular Meeting are included in the agenda prepared
in accordance with Sub -sections 6.1, 6.2 and 6.3 of this Procedural By-law.
Section 7 — Order of Proceedings - Council
7.1 Call to Order
7.1.1 As soon as a quorum is present after the hour set for the Meeting, the
Mayor shall take the chair and call the Members present to order.
7.1.2 If the Mayor does not attend within fifteen (15) minutes after the time set for
the Meeting and a quorum is present, the Deputy Mayor shall preside over
the Meeting and shall exercise all duties and responsibilities of the Mayor as
outlined in this Procedural By-law until the Mayor is present at the Meeting
and is able to perform his responsibility to assume the chair.
7.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the
time set for the Meeting and a quorum is present, the Municipal Clerk, or
designate, shall call the meeting to order, and the Members present shall
appoint a Presiding Member who shall act as Chair of the Meeting until the
arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is
able to assume the chair.
7.2 Disclosure of Pecuniary Interest
7.2.1 All Members shall govern themselves at any Meeting in accordance with the
current legislation respecting any disclosure of pecuniary interest and
participation in the Meeting. Should a Member declare a pecuniary interest,
he shall vacate the room in which the meeting is taking place.
7.2.2 Notwithstanding Sub -section 7.2.1, when a Member declares on a matter(s)
at a Council meeting, later in the meeting when the confirming by-law is on
the floor, the Member's declaration is understood and the Member may
remain in the room in which the meeting is taking place and participate in
the vote on the confirming by-law.
7.2.3 At a meeting at which a member declares an interest, or as soon as
possible afterwards, the member shall file a written statement of the interest
and its general nature with the Municipal Clerk or designate, in the form
determined by the Municipal Clerk.
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7.2.4 The Municipal Clerk shall establish and maintain a Registry of Declarations
of Interest containing,
a) A copy of each statement filed under sections 7.2.3; and
b) A copy of each declaration recorded in the minutes.
7.2.5 The Municipal Clerk shall provide access to the Registry of Declarations of
Interest through the Municipal website of through an alternative means, as
requested from time to time.
7.3 Announcements
7.3.1 During this portion of the Meeting, when recognized by the Chair, Members
shall be afforded a maximum of 5 minutes during which time they may
announce or comment on community events and activities.
7.4 Presentations
7.4.1 At the request of a Member of Council or the Municipality's staff, any
person(s), organization(s), corporations(s), or appointed official(s) may be
permitted to address the Members to inform them of matters of significance
to the Municipality provided that the request has been submitted to the
Municipal Clerk by 12:00 noon the Wednesday preceding the Meeting.
Presentations shall include only the following:
a) Civic recognition / awards;
b) Presentations by Municipal staff or consultants retained by the
Municipality; or
C) Presentations from senior levels of government or agencies
thereof, or other municipal governments.
7.4.2 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the presenter(s) contact the
Municipal Clerk's Department to register for the Meeting. Presentations
must be provided to the Municipal Clerk's Department no later than close of
business the Friday preceding the commencement of the Meeting.
Presentations will not be installed once the meeting has begun.
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To Committee
7.4.3 Presentations scheduled to be made to Committee will be assigned to the
appropriate Committee based on the presentation topic and the Committee
mandate.
7.4.4 Upon receipt of the request for presentation as detailed in Sub -section
7.4.1, the Municipal Clerk, or designate, may schedule the presentation for
a specified time during the Committee meeting. When exercising this
option, the Municipal Clerk, or designate, shall include the scheduled
presentation time on the meeting Agenda and shall notify the presenter of
the scheduled presentation time.
7.4.5 Where the Municipal Clerk, or designate, has scheduled a presentation for a
specified time, as per Sub -section 7.4.4, when that specified time arrives
during the Committee meeting, the Committee shall set aside the matter
currently before it, to allow the presentation to be heard as scheduled.
Should there be a motion on the floor at the scheduled presentation time, a
motion to "table to be considered immediately after the Presentation" would
be in order.
7.5 Delegations
7.5.1 See Section 9.
7.6 Communications
7.6.1 All communications, designed to be presented to Council, received by the
Municipal Clerk before noon on Wednesday prior to the commencement of
the Council meeting, which:
• pertain to an item on that agenda, or
• is deemed necessary or appropriate by the Municipal Clerk,
shall be listed under the heading `Communications' on the agenda and shall
be included in its entirety unless it is impractical to do so in which case it
shall be included in a manner as determined by the Municipal Clerk. The
Municipal Clerk shall ensure that a recommendation for disposal is prepared
and included in the agenda.
7.6.2 At the discretion of the Municipal Clerk, an item of correspondence received
after the publishing of the agenda and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda. Such matter shall be
communicated to the Members of Council and posted on the website as
soon as possible.
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7.6.3 Every communication to be presented to Council or Committee, per
Sub -sections 7.6.1 to 7.6.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s), and shall be filed with the Municipal Clerk.
7.6.4 Communications to be posted to the website may be abridged as
determined by the Municipal Clerk to facilitate posting.
7.7 Committee Reports
7.7.1 Reports of Committees and Advisory Committees and Boards, shall be
listed under this Section of the Council agenda.
7.7.2 Reports of Committees and Advisory Committees and Boards, may be
disposed of through a single resolution for each report as presented.
Alternatively, any Member may request that one or more recommendations
contained in a Report be separated and voted on separately.
7.8 Staff Reports
7.8.1 Notwithstanding Sub -sections 8. 1.10 and 8.2.11, the Staff Reports Section
of the Council agenda shall include Removal of a Holding Symbol report
upon urgent circumstances as determined by the Director of Planning
Services and any staff report that, due to timing, urgency, the important
nature of the report and/or expediency, the Chief Administrative Officer
determines should be considered by Council without first being presented to
Committee for consideration.
7.9 Business Arising from Procedural Notice(s) of Motion
7.9.1 A Procedural Notice of Motion properly given at a previous Council meeting
or which has been delivered to the Municipal Clerk prior to 12:00 noon the
Wednesday preceding the Meeting at which it is to be presented for
consideration, shall be listed on the agenda for the Meeting, and shall be
dealt with at that meeting.
7.10 Unfinished Business
7.10.1 Any matters presented, considered, referred or tabled or any items not
otherwise disposed of through the consideration of an agenda matter, shall
be disposed of during this portion of the Meeting.
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7.11 Confidential Reports
7.11.1 Notwithstanding Sub -sections 8.1.13 and 8.2.14, the Confidential Reports
Section of the Council agenda shall include any confidential staff report that,
due to timing, urgency, the important nature of the report and/or
expediency, the Chief Administrative Officer determines should be
considered by Council without first being presented to Committee for
consideration and shall be considered in a closed meeting in accordance
with Sub -section 4.7.
7.12 By-laws
7.12.1 No by-law, except:
• a by-law to confirm the proceedings of Council;
• a by-law granting authority to borrow under the authority of the Municipal
Act, 2001;
• any by-law arising as the result of an order or decision of any judicial or
quasi-judicial body; or
• a part lot control by-law;
shall be presented to Council unless the subject matter thereof has been
considered by Council or by Committee and has been approved by Council.
7.12.2 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of the by-law, at which time the subject by-law shall be
divided from the motion and dealt with separately.
7.12.3 Every by-law when introduced, shall be in typewritten form, and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with the provision of any Statute, and shall be
complete with the exception of the number and date of the by-law.
7.12.4 The Municipal Clerk shall endorse, on all by-laws enacted by Council, the
date of enactment.
7.12.5 Every by-law which has been enacted by Council shall be numbered and
dated, signed by the Mayor and the Municipal Clerk, sealed with the seal of
the Municipality, and retained under the control of the Municipal Clerk.
7.12.6 The Municipal Clerk is hereby authorized to make minor deletions, additions
or other administrative changes to any by-law before it is signed and sealed,
to ensure that the correct and complete implementation of the actions of
Council form the subject matter of the by-law. Members of Council shall be
advised, by the Municipal Clerk, of such changes by written notice.
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7.13 Procedural Notice(s) of Motion
7.13.1 A Procedural Notice of Motion introducing a motion to amend something
previously adopted by Council, to lift a matter from the table, to rescind a
previous decision of Council, or to reconsider a previous decision of Council
as described in Sub -sections 10.12.17, 10.12.24, 10.12.26 and 10.12.28,
respectively, shall be given to the Municipal Clerk, in writing and signed by
the mover and seconder at a meeting of Council, but shall not be debated
until the next regular meeting of Council.
7.13.2 Where a Procedural Notice of Motion has been given under Sub -section
7.13.1, the Procedural Notice of Motion shall be printed in full in the
Agenda, under "Business Arising from Procedural Notice of Motion" for that
meeting of Council and each succeeding meeting until the motion is
considered or otherwise disposed.
7.13.3 When a Member's Procedural Notice of Motion has been called by the Chair
at two successive meetings and not proceeded with, it shall be removed
from the agenda for all subsequent Meetings, unless Council otherwise
decides.
7.14 Other Business
7.14.1 No new business may be raised during this section of the agenda, but
Members may ask Questions to Department Heads pertaining to any
matter, including those not necessarily listed on the agenda.
7.14.2 A motion introducing new matters may only be introduced to Council, upon
suspending the rules in accordance with Sub -section 2.2.
Section 8 — Order of Proceedings — Standing Committees
8.1 General Government Committee (GG)
8.1.1 Call to Order
8.1.1.1 See Sub -section 7.1.
8.1.2 New Business -- Introduction
8.1.2.1 The chair shall provide each member the opportunity to introduce any new
business items, not otherwise to be considered under any section of the
Agenda, and which is within the mandate of the GG Committee.
8.1.2.2 New Business introduced in accordance with Sub -section 8.1.2.1 shall be
dispensed by the GG Committee during the New Business -- Consideration
section of the Agenda.
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8.1.3 Adopt the Agenda
8.1.3.1 The chair shall ask for a motion to adopt the agenda. Prior to taking the
vote, members shall be provided an opportunity to state any other New
Business as per Sub -section 8.1.2.1 which will be dispensed under the New
Business — Consideration Section of the Agenda.
8.1.3.2 For clarity, the call of the vote on Adopting the Agenda shall serve to
provide notice to Council, residents, and staff of "additional/new" matters to
be considered during the meeting. It closes the opportunity to add
additional unanticipated business matters and shall not serve to vote in
support of or in opposition to any matter requested to be added as New
Business.
8.1.4 Disclosure of Pecuniary Interest
8.1.4.1 See Sub -section 7.2.
8.1.5 Announcements
8.1.5.1 See Sub -section 7.3.
8.1.6 Adoption of Minutes of Previous Meeting(s)
8.1.6.1 The Chair shall ask for a motion to adopt the minutes from previous
meeting(s).
8.1.7 Delegations
8.1.7.1 See Section 9.
8.1.8 Communications
8.1.8.1 All communications, designed to be presented to Council, which pertain to
the mandate of the GG Committee, received by the Municipal Clerk before
noon on Wednesday prior to the commencement of the GG Committee
meeting shall be listed under the heading `Communications' on the agenda,
and shall be included in its entirety unless it is impractical to do so in which
case it shall be included in a manner as determined by the Municipal Clerk.
The Municipal Clerk shall ensure that a recommendation for disposal is
prepared and included in the agenda.
8.1.8.2 At the discretion of the Municipal Clerk, an item of correspondence received
after the publishing of the agenda and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda. Such matter shall be
communicated to the Members of Council and posted on the Municipal
website as soon as possible.
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8.1.8.3 Every communication to be presented to GG Committee, per
Sub -sections 8.1.8.1 to 8.1.8.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s), and shall be filed with the Municipal Clerk.
8.1.8.4 Communications to be posted to the municipal website may be abridged as
determined by the Municipal Clerk to facilitate posting.
8.1.9 Presentations
8.1.9.1 See Sub -section 7.4.
8.1.10 Staff Reports
8.1.10.1 All Staff reports pertaining to the GG Committee mandate as per Sub-
section 5.2.2, or other such matter as may be referred to the GG Committee
by Council shall be submitted to the GG Committee for consideration.
8.1.11 New Business -- Consideration
8.1.11.1 Members may only introduce a motion on any new business, provided that
the matter was introduced prior to voting on the motion to Adopt the
Agenda, in accordance with Sub -section 8.1.2.1.
8.1.11.2 As per Sub -section 10.12.2, all motions introduced in accordance with
Sub -section 8.1.2.1 shall be in writing if requested by the Chair.
8.1.11.3 Notwithstanding Sub -section 8.1.2.1 at the conclusion of dispensing of all
business pertaining to each respective department, and prior to considering
the next section of the Agenda, Members may ask Questions of Department
Heads pertaining to any matter within the mandate of the GG Committee,
including those not necessarily listed on the agenda.
8.1.11.4 Notwithstanding Sub -section 8.1.11.1, and despite Sub -section 2.2, new
business matters of significance may be introduced by a simple majority of
members present and voting.
8.1.12 Unfinished Business
8.1.12.1 See Sub -section 7.10.
8.1.13 Confidential Reports
8.1.13.1 The Confidential Reports Section of the GG Committee Agenda shall
include any confidential GG Committee staff report (as outlined in
Sub -section 8.1.10.1) that, due to nature of the report should be considered
by GG Committee in a closed meeting in accordance with Sub -section 4.7.
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8.2 Planning & Development Committee (PD)
8.2.1 Call to Order
8.2.1.1 See Sub -section 7.1.
8.2.2 New Business -- Introduction
8.2.2.1 The chair shall provide each member the opportunity to introduce any new
business items, not otherwise to be considered under any section of the
Agenda, and which are within the mandate of the PD Committee.
8.2.2.2 New Business introduced in accordance with Sub -section 8.2.2.1 shall be
dispensed by the PD Committee during the New Business -- Consideration
section of the Agenda.
8.2.3 Adopt the Agenda
8.2.3.1 The chair shall ask for a motion to adopt the agenda. Prior to taking the
vote, members shall be provided an opportunity to state any other New
Business as per Sub -section 8.2.2.1 which will be dispensed under the New
Business -- Consideration Section of the Agenda.
8.2.3.2 For clarity, the call of the vote on Adopting the Agenda shall serve to
provide notice to Council, residents, and staff of "additional/new" matters to
be considered during the meeting. It closes the opportunity to add
additional unanticipated business matters and shall not serve to vote in
support of or in opposition to any matter requested to be added as New
Business.
8.2.4 Disclosure of Pecuniary Interest
8.2.4.1 See Sub -section 7.2.
8.2.5 Announcements
8.2.5.1 See Sub -section 7.3.
8.2.6 Adoption of Minutes of Previous Meeting(s)
8.2.6.1 The Chair shall ask for a motion to adopt the minutes from previous
meeting(s).
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8.2.7 Public Meetings
8.2.7.1 Public Meetings shall be conducted in the following manner:
a) The Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be
conducted.
b) A member of the Municipality's staff shall address the PD
Committee to present the matter to the PD Committee.
C) Members of the public shall then be permitted to make
representation regarding the matter. The order in which members
of the public shall be heard is those opposed, those in support, and
then the applicant or agent who is present and indicates his desire
to be heard.
8.2.8 Delegations
8.2.8.1 See Section 9.
8.2.9 Communications
8.2.9.1 All communications, designed to be presented to Council, which pertain to
the mandate of the PD Committee, received by the Municipal Clerk before
noon on Wednesday prior to the commencement of the PD Committee
meeting shall be listed under the heading `Communications' on the agenda,
and shall be included in its entirety unless it is impractical to do so in which
case it shall be included in a manner as determined by the Municipal Clerk.
The Municipal Clerk shall ensure that a recommendation for disposal is
prepared and included in the agenda.
8.2.9.2 At the discretion of the Municipal Clerk, an item of correspondence received
after the publishing of the agenda and before the commencement of the
meeting, which is of an urgent nature or directly relevant to a matter on the
agenda for the meeting, may be added to the agenda. Such matter shall be
communicated to the Members of Council and posted on the Municipal
website as soon as possible.
8.2.9.3 Every communication to be presented to PD Committee, per
Sub -sections 8.2.9.1 to 8.2.9.2, shall be legibly written or printed, shall not
contain any impertinent or improper matter or language, shall identify the
author(s), and shall be filed with the Municipal Clerk.
8.2.9.4 Communications to be posted to the municipal website may be abridged as
determined by the Municipal Clerk to facilitate posting.
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8.2.10 Presentations
8.2.10.1 See Sub -section 7.4.
8.2.11 Staff Reports
8.2.11.1 Staff reports pertaining to the PD Committee mandate as per Sub -section
5.3.2 or other such matter as may be referred to the PD Committee by
Council shall be submitted to the PD Committee for consideration.
8.2.12 New Business -- Consideration
8.2.12.1 Members may only introduce a motion on any new business, provided that
the matter was introduced prior to voting on the motion to Adopt the
Agenda, in accordance with Sub -section 8.2.2.1.
8.2.12.2 As per Sub -section 10.12.2, all motions introduced in accordance with
Sub -section 8.2.2.1 shall be in writing if requested by the Chair.
8.2.12.3 Notwithstanding Sub -section 8.2.2.1 at the conclusion of dispensing of all
business pertaining to each respective department, and prior to considering
the next section of the Agenda, Members may ask Questions of Department
Heads pertaining to any matter within the mandate of the PD Committee,
including those not necessarily listed on the agenda.
8.2.12.4 Notwithstanding Sub -section 8.2.12.1, and despite Sub -section 2.2, new
business matters of significance may be introduced by a simple majority of
members present and voting.
8.2.13 Unfinished Business
8.2.13.1 See Sub -section 7.10.
8.2.14 Confidential Reports
8.2.14.1 The Confidential Reports Section of the PD Committee Agenda shall include
any confidential PD Committee staff report (as outlined in
Sub -section 8.2.11.1) that, due to the nature of the report should be
considered by PD Committee in a closed meeting in accordance with
Sub -section 4.7.
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Section 9 — Delegations
9.1 General
9.1.1 Where a single Delegation comprises more than five persons, only two of
them may make verbal submissions to Council or Committee, as the case
may be. The Delegation shall be limited to the time fixed by Sub -sections
9.2.5, 9.3.3 or 9.4.2, whichever is applicable.
9.1.2 Without leave of Council, members shall have one opportunity to ask
questions of Delegations for the purpose of clarifying their submissions only
or to elicit further information from them that is relevant to their submissions.
9.1.3 Where a Delegation wishes to provide Members with a petition and/or a
written communication supporting the Delegation's comments, the petition
and/or communication shall be provided to the Municipal Clerk, or
designate. The written communication may be distributed to the Members at
the discretion of the Municipal Clerk, or designate.
9.1.4 Municipal audio visual equipment may be used to assist in delegations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the delegates(s) contact the
Municipal Clerk's Department to register for the Meeting. The delegate's
electronic presentation must be provided to the Municipal Clerk's
Department no later than close of business the Friday preceding the
commencement of the Meeting. Electronic presentations will not be
installed once the meeting has begun.
9.1.5 No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this Sub -section.
9.2 To Council
9.2.1 Delegations shall be restricted to speaking to matters included on the
Council agenda for the Meeting in question.
9.2.2 Notwithstanding Sub -section 9.2.1, Delegations shall not be permitted to
speak to a matter that is the subject of Report from the GG Committee or
PD Committee, or is the subject of a staff report or matter included under
Unfinished Business included on the Council agenda, where the Delegation
spoke to the item at the GG Committee or PD Committee meeting, including
a Public Meeting, which is being reported to Council, unless a majority of
the Members present vote in favour to hear the delegation.
9.2.3 Notwithstanding Sub -section 9.2.1, where the Municipal Clerk determines
that the matter is of an urgent nature and there is insufficient time for a
Delegation respecting it to be heard by the GG Committee or PD
Committee, subject to Sub -section 9.2.4, the Delegation may be permitted
to speak to Council on the matter.
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Request to Speak — Required
9.2.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the Council Meeting and
shall state the nature of the issue they wish to address.
Time Limits
9.2.5 Each Delegation to Council in respect of a particular matter shall be limited
to ten (10) minutes in addition to the time taken by Council to ask questions
of the delegate and to receive answers to such questions.
9.3 To Committee
9.3.1 Except where a particular matter has been reported by the Director of a
Department or the Chief Administrative Officer directly to Council, or in
cases in which the Municipal Clerk determines that the matter is of an
urgent nature and there is insufficient time for a delegation respecting it to
be heard by the Committee, all Delegations shall be directed to and heard
by Committee, as determined by the Municipal Clerk.
9.3.2 Notwithstanding Sub -section 9.3.1, unless otherwise determined by the
Municipal Clerk, Delegations shall not be permitted to:
a) speak to PD Committee regarding a matter that is the
subject of a Public Meeting which is included on the PD
Committee agenda.
b) speak to PD Committee regarding a matter which is within
the mandate of the GG Committee meeting.
c) speak to GG Committee regarding a matter which is within
the mandate of the PD Committee meeting.
Time Limits
9.3.3 Each Delegation to Committee in respect of a particular matter shall be
limited to ten (10) minutes in addition to the time taken by the Members to
ask questions of the Delegation and to receive answers to such questions.
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Request to Speak — Required
9.3.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the Committee Meeting
and shall state the nature of the issue they wish to address.
Disposition of Delegation
9.3.5 When a delegate is addressing a matter that is not otherwise included on
the agenda, a motion to deal with the delegation shall be in order
immediately following the conclusion of the delegation.
9.4 At a Public Meeting
9.4.1 Where it is Council's responsibility to conduct a public meeting, the PD
Committee shall conduct such Public Meeting.
Time Limits
9.4.2 Delegations to PD Committee in respect of any such matter for which the
Public Meeting is held, shall be limited to ten (10) minutes in addition to the
time taken by Members to ask questions of the Delegation and to receive
answers to such questions.
Request to Speak — No Request Required
9.4.3 A person wishing to make representation on a matter for which a Public
Meeting is held, is not required to give written notice or to be listed on the
PD Committee agenda for the Meeting in question.
9.5 Special Meetings
9.5.1 No Delegation will be heard at a special Meeting of Council or Committee
meeting unless otherwise directed in the call of the special meeting.
9.6 Conduct of Delegations and Presenters
9.6.1 Delegations and presenters shall not:
a) speak disrespectfully of any person;
b) use offensive words;
C) speak on any subject other than the subject for which they have
given notice to address Council/Committee;
d) disobey the decision of the Chair;
e) enter into debate with Members; or
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f) appropriate any unused time allocated to another Delegation or
Presenter.
Section 10 — Rules of Debate and Conduct
10.1 Conduct of Members of Council or Members of Committees
10.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or speak
disrespectfully against the Council, against any Member, or against
any officer or employee of the Municipality;
C) speak on any subject other than the subject in debate;
d) disobey the Rules of Procedure or a decision of the Chair, on
questions of Points of Order or procedure or upon the interpretation
of the Rules of Procedure except where the ruling of the Chair is
reversed by Council pursuant to Sub -section 10.6.3. If a Member
persists in any such disobedience after having been called to order
by the Chair, the Chair shall forthwith order him to vacate the
Council Chambers or room in which the Meeting is being held, but
if the Member apologizes he may, by majority vote of the Members,
be permitted to retake his seat; or
e) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter
or the substance of the deliberations of the closed Meeting to any
person.
10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such a
manner as the Chair may direct, and upon being recognized by him, shall
address the Chair.
10.3 Order of Speaking
10.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified first and
next recognize in order the other Members.
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10.4 Point of Privilege
10.4.1 Where a Member considers that his rights or integrity or the rights or
integrity of the Council or Committee as a whole have been challenged, as
a matter of Privilege, the Member may rise on a Point of Privilege at any
time, with the consent of the Chair, for the purpose of drawing the attention
of Council or Committee to the matter.
10.4.2 A Member who desires to address Council or Committee, as the case may
be, on a matter which concerns the rights or privileges of the Council
collectively, or as an individual Member, will be permitted to raise such Point
of Privilege. A breach of privilege is a willful disregard by a Member or any
other person of the dignity and lawful authority of Council. A Point of
Privilege will take precedence over other matters. When a Member raises a
Point of Privilege, the Chair may use the words "Councillor... state your
Point of Privilege". While the Chair is ruling on the Point of Privilege, no one
will be considered to be in possession of the floor, but thereafter the
Member in possession of the floor when the Point of Privilege was raised,
has the right to the floor when debate resumes.
10.5 Point of Order
10.5.1 The Chair shall preserve order and decide on Points of Order.
10.5.2 A Member who desires to call attention to a violation of the Rules of
Procedure will ask leave of the Chair to raise a Point of Order. When leave
is granted, the Chair may use the words "Councillor... state your Point of
Order." The Member will state the Point of Order with a concise explanation
and will comply with the decision of the Chair. The Member in possession
of the floor when the Point of Order was raised has the right to the floor
when debate resumes.
10.6 Appeal of Ruling of Chair
10.6.1 With respect to a ruling on either a Point of Privilege or Point of Order, if the
Member does not appeal immediately thereafter to Council or Committee,
as the case may be, the decision of the Chair shall be final.
10.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council or Committee, as the case may be, otherwise, the
decision of the Chair is final.
10.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling,
and will call a vote by Council or Committee, as the case may be, without
debate on the following question: "Will the ruling be sustained?", and the
decision of Council or Committee is final. The Chair may vote on this
question. In the event of a tie vote, the ruling of the Chair shall be deemed
to be sustained.
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10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between him and
the Chair, or interrupt him except to raise a Point of Order.
10.8 Question Read
10.8.1 Any Member may request the question or motion under discussion to be
read at any time during the debate but not so as to interrupt a Member while
he is speaking.
10.9 Speak Once - Reply
10.9.1 No Member shall speak more than once to the same question without leave
of Council or Committee, as the case may be, except that a reply shall be
allowed to be made only by a Member who has presented the motion, but
not by any Member who has moved an amendment or procedural motion in
response to that motion.
10.10 Time Limit
10.10.1 No Member, without leave of Council or Committee, as the case may be,
shall speak to the same question or in reply for longer than five (5) minutes.
10.11 Questions
10.11.1 A Member may ask a question for the purpose of obtaining information
relating only to the matter under discussion and such questions must be
stated concisely and asked only through the Chair.
10.11.2 Notwithstanding Sub -section 10.11.1, when a Member has been recognized
as the next speaker, then immediately before speaking, such Member may
ask a question through the Chair to any Member, the Chief Administrative
Officer, or Department Head, or designate, concerning any matter
connected with the business of the Municipality but only for the purpose of
obtaining information, following which the Member may speak.
10.12 Motions
Reading
10.12.1 All motions must be introduced by a mover and seconder before the Chair
may put the question or motion on the floor for consideration. If no Member
seconds the motion, the motion shall not be on the floor for consideration
and therefore it shall not be recorded in the minutes. In a Meeting of
Council, unless otherwise provided for in this Procedural By-law, all motions
must be in writing and signed by the mover and the seconder.
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10.12.2 Notwithstanding Sub -section 10.12.1, in a Meeting of Committee, unless
otherwise provided for in this Procedural By-law, all motions introduced in
accordance with Sub -sections 8.1.2.1 and 8.2.2.1 must be in writing if
requested by the Chair.
10.12.3 When a motion is presented in a Meeting, it shall be read by the Member,
or, if it is a motion which may be presented orally as provided in Sub -section
10.12.9 it shall be stated by the Chair before debate.
10.12.4 Notwithstanding Sub -section 10.12.3, a motion, the wording of which is
printed in the agenda as either a separate item or as part of a report, need
not be read in its entirety unless requested to do so by a Member, but shall
be deemed to have been read for the purposes of introducing the motion.
Withdrawn
10.12.5 After a motion is properly moved and seconded, it shall be deemed to be in
possession of Council or Committee, but may be withdrawn by the mover at
any time before decision or amendment.
No debate until properly moved and seconded
10.12.6 No Member shall speak to any motion until it is properly moved and
seconded, and the mover is entitled to speak first if the Member so elects.
If debated, the question or motion may be read before being put.
Motion Ruled Out of Order
10.12.7 Whenever the Chair is of the opinion that a motion is contrary to these
Rules of Procedure, the Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.12.8 A motion in respect of a matter which requires the exercise of a legislative
power by Council which is not within its jurisdiction, shall not be in order at a
Meeting of Council or Committee.
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Matters and Motions Without Notice and Without Leave
10.12.9 The following matters and motions may be introduced orally by a Member
without notice and without leave, except as otherwise provided by this
Procedural By-law, and shall be decided without debate:
a) A point of order or Privilege;
b) To adjourn;
C) To suspend the Rules of Procedure;
d) To table the question without direction or instructions;
e) To divide;
f) Question be now put; and
g) To recess.
10.12.10 The following motions may be introduced orally by a Member without notice
and without leave, except as otherwise provided by this Procedural By-law,
and may be debated:
a) To refer;
b) To table with instructions (instructions for tabling only to be
debatable);
C) To amend, and
d) To rescind.
Motion in Writing
10.12.11 Except as provided by Sub -section 10.12.9 and 10.12.10, all motions
introduced at a Council Meeting shall be in writing and signed by the mover
and seconder.
Priority of Disposition
10.12.12 A motion properly before Council or Committee for decision must be
disposed of before any other motion can be received except a motion in
respect of matters listed in Sub -section 10. 12.9 or 10.12.10.
Motion to Refer or Commit
10.12.13 A motion to refer a matter under discussion by Council or Committee shall
be considered before all amendments to the main question are considered
until the motion to refer is decided.
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10.12.14 A motion to refer or commit, or any amendment to it, is debatable and shall
include:
a) The name of the committee or person to whom the matter is to be
referred, and
b) The terms for referring the matter and the time or period, if any, on or
within which the matter is to be returned.
Motion to Amend
10.12.15 A motion to amend:
a) Shall be presented in writing if requested by the Chair;
b) Shall relate to the subject matter of the main motion;
c) Shall not be received proposing a direct negative to the question; and
d) Shall be put to a vote in reverse order to the order in which the
amendments are made.
10.12.16 Only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original motion.
Motion to Amend Something Previously Adopted
10.12.17 A motion to amend a previous action of Council requires a majority vote of
the Members present and voting provided that notice has been given in
accordance with Sub -section 7.13, and in case the aforesaid notice has not
been given, the motion to amend a previous action of Council requires a
two-thirds (2/3) vote of the Members present and voting.
Question Be Now Put
10.12.18 A motion that the question be now put:
a) Is not debatable;
b) Cannot be amended;
c) Cannot be proposed when there is an amending motion under
consideration, except for the purpose of moving that the amending
motion be put;
d) When resolved in the affirmative, requires that the question(s),
motion, amending motion or motion as amended, whichever is under
consideration be put forward immediately without debate or
amendment;
e) Can only be moved in the following words, "that the question be now
put"; and
f) A motion that the question be now put" requires an affirmative vote of
two-thirds of the Members present and voting.
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Motion to Table
10.12.19 A motion simply to table is not debatable except where instructions are
included, in which case, only the instructions shall be debatable. Such
motion cannot be amended.
10.12.20 The matter tabled shall not be considered again by the Council or
Committee until a motion has been made to lift from the table the tabled
matter at the same or a subsequent Meeting.
10.12.21 A matter tabled at a Meeting of the Committee may be lifted from the table
by Council.
10.12.22 A matter tabled at Council may not be lifted from the table at a meeting of
Committee.
10.12.23 A motion to lift a tabled matter from the table is not subject to debate or
amendment.
10.12.24 A motion that has been tabled at a previous Meeting cannot be lifted from
the table unless notice thereof is given in accordance with Sub -section 7.13.
Motion to Divide
10.12.25 A motion containing distinct proposals may be divided and a separate vote
shall be taken upon each proposal contained in a motion if decided upon by
a majority vote of the Members present and voting.
Motion to Rescind
10.12.26 A motion to rescind a previous action of Council requires a majority vote of
the Members present and voting provided that notice has been given in
accordance with Sub -section 7.13, and in case the aforesaid notice has not
been given, the motion to rescind a previous action of Council requires a
two-thirds (2/3) vote of the Members present and voting.
10.12.27 A motion to rescind is not in order when action has been taken on the order
of Council which it is impossible to revise. The part of an order of Council
which has not been acted upon, however, may be rescinded.
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Reconsideration
10.12.28 A resolution, by-law or any question or matter (except one of indefinite
postponement) which has been adopted previously by Council may be
reconsidered by Council subject to the following:
a) A Procedural Notice of Motion has been introduced according to the
procedure for Procedural Notice of Motion, provided for in
Sub -section 7.13;
b) Debate on a motion to reconsider must be confined to reasons for or
against the subject of the reconsideration;
c) No discussion of the main substantive motion shall be allowed until
the motion for reconsideration is carried;
d) Such motion must be supported by two-thirds (2/3) of the Members
present and voting in favour of such reconsideration before the
matter is re -opened for debate;
e) If a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been
voted on; and
f) A vote to reconsider a particular matter or decision will not be
considered more than once during the term of Council.
10.12.28.1 Where a written decision of the Local Planning Appeal Tribunal (LPAT)
identifies findings with regard to an appeal and delivers those findings to
Council to make a new decision, the matter shall be placed as soon as
practicable on the PD Committee meeting agenda by way of a staff report,
following receipt of the written decision from LPAT. The matter shall be
deemed not to be a "reconsideration" under section 10. 12.28 of this By-law.
Motion to Recess
10.12.29 A motion to recess shall provide for Council or Committee to take a short
intermission within a Meeting which shall neither end the Meeting nor
destroy its continuity and after which, proceedings shall immediately resume
at the point where they were interrupted.
10.12.30 A motion to recess is not debatable, but is amendable as to the length of the
recess.
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Motion to Adjourn
10.12.31 A motion to adjourn:
a) Shall always be in order except as provided by this Procedural
By-law;
b) Is not in order when a Member is speaking or during the verification
of a vote;
c) When resolved in the negative, cannot be made again until after
some intermediate proceedings shall have been completed by
Council or Committee, as the case may be;
d) Is not in order immediately following the affirmative resolution of a
motion that the question be now put;
e) If carried, without qualification, will bring a Meeting to an end;
f) To a specific time, or to reconvene upon the happening of a specified
event, if carried, suspends the Meeting to continue at such time; and
g) Is not debatable.
10.12.32 A motion to proceed beyond the scheduled adjournment time:
a) Shall not be amended or debated;
b) Shall always be in order except when a Member is speaking or the
Members are voting; and
c) Shall require the support of two-thirds (2/3) of the Members present
and voting.
10.13 Voting on Motions
10.13.1 Immediately preceding the taking of the vote on a motion, the Chair may
state the question in the form introduced and shall do so if required by a
Member.
10.13.2 After a question is finally put by the Chair no Member shall speak to the
question nor shall any other motion be made until after the vote is taken and
the result has been declared.
10.13.3 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of Interest Act to
vote on the question.
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10.13.4 Except where the Member is disqualified under the Municipal Conflict of
Interest Act from voting, if a Member does not vote when a question is put,
the member shall be deemed to have voted in the negative.
10.13.5 A Member not in his seat when the question is called by the Chair is not
entitled to vote on that question.
10.13.6 Each Member has only one vote.
10.13.7 The vote required to pass a motion shall be a simple majority except as
otherwise provided by this Procedural By-law or by Statute.
10.13.8 The Chair shall announce the result of every vote.
Unrecorded Vote
10.13.9 The manner of determining the decision of the Council or Committee on a
motion shall be at the discretion of the Chair and may be by voice, show of
hands, standing, or otherwise.
Recorded Vote
10.13.10 A Recorded Vote shall be in order at Council, Committee and Local Board
meetings, and may be requested immediately before or after the taking of
the vote.
10.13.11 When a Recorded Vote is requested by a Member during a Meeting, or is
otherwise required, the Municipal Clerk shall record the name and vote of
every Member.
10.13.12 The order in which Members vote on recorded votes shall be in alphabetical
order of the Members present and voting, commencing with the Member
who made the request and continuing through the alphabet and then back
to the beginning of the alphabet, if necessary, until all Members have voted.
The Chair shall vote last.
10.13.13 If a request for a recorded vote is made by the Chair, the order in which
Members vote shall be in alphabetical order of the Members present and
voting. The Chair shall vote last.
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10.14 Conduct of the Audience
10.14.1 Members of the public who constitute the audience in the Council Chamber
or adjacent to the Meeting room, or other such place where the Meeting is
held in accordance with Sub -section 4.1 of this Procedural By-law, during a
Meeting, shall maintain order and quiet and may not:
a) Address Council or Committee without permission;
b) Interrupt any speaker or action of the Members or any other person
addressing Council or Committee;
c) Speak out;
d) Clap;
e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the conduct
of the meeting.
11. Implementation
11.1 By-laws 92-20, 2005-021, 2011-016, 2011-037, 2011-110, 2011-120,
2012-011, 2012-016 are hereby repealed.
11.2 This Procedural By-law shall come into full force and effect on September 1,
2015.
By-law passed in open session this 1St day of June, 2015.
Original Signed
Adrian Foster, Mayor
Original Signed
C. Anne Greentree, Municipal Clerk
43
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Index
Addressthe Chair..........................................................................................................
33
Adjourn, Motion to.........................................................................................................
41
Adoptthe Agenda.........................................................................................................
25
Adopt the Agenda, PD Committee................................................................................
27
Adoption of Minutes of Previous Meeting(s)..................................................................
25
Adoption of Minutes of Previous Meeting(s), PD Committee .........................................
27
AdvisoryCommittees....................................................................................................
14
Agenda, Adopt the........................................................................................................
25
Agenda, Council............................................................................................................
15
Agenda, GG Committee................................................................................................
16
Agenda, PD Committee.................................................................................................
17
Agenda, Special Committee..........................................................................................
18
Agendasand Minutes....................................................................................................
15
Amend, Motion to..........................................................................................................
38
Announcements............................................................. See Announcements, at Council
Announcements, at Council..........................................................................................
20
Announcements, at PD Committee ................................ See Announcements, at Council
Appeal of Ruling of Chair..............................................................................................
34
Appointment of Deputy Mayor.........................................................................................
6
Appointments to Municipal Service Boards, Local Boards, Advisory Committees and
Corporations...............................................................................................................
14
Audience, Conduct of the..............................................................................................43
BeNow Put, Question...................................................................................................
38
Break, Scheduled..........................................................................................................
11
Business Arising from Procedural Notice(s) of Motion ..................................................
22
Business, Other.............................................................................................................24
Business, Unfinished, at GG Committee.................See Business, Unfinished, at Council
Business, Unfinished, at PD Committee..................See Business, Unfinished, at Council
By-law, Implementation of this By-law...........................................................................
43
By-laws..........................................................................................................................
23
Call to Order, at Council................................................................................................
19
Call to Order, at GG Committee...........................................See Call to Order, at Council
Call to Order, at PD Committee............................................See Call to Order, at Council
Chair, Address the.........................................................................................................
33
Chair, Participation in Debate..........................................................................................7
ClosedMeetings.............................................................................................................
9
Commit, or Refer, Motion to..........................................................................................
37
CommitteeReports.......................................................................................................
22
Committees...................................................................................................................
12
Communications, at Council..........................................................................................
21
Communications, at GG Committee..............................................................................
25
Communications, at PD Committee..............................................................................
28
Conduct of Delegations and Presenters........................................................................
32
Conduct of Members of Council or Members of Committees ........................................
33
Conductof the Audience...............................................................................................43
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
ConfidentialReports......................................................................................................23
Confidential Reports, GG Committee............................................................................26
Confidential Reports, PD Committee.............................................................................
29
Correspondence, at Council ..........................................
See Communications, at Council
Correspondence, at GG Committee ..................
See Communications, at GG Committee
Correspondence, at PD Committee ....................
See Communications, at PD Committee
CouncilAgenda.............................................................................................................
15
CouncilRing....................................................................................................................8
Council, Duties of............................................................................................................
7
Council, First Meeting......................................................................................................
8
Council, Not within Jurisdiction of..................................................................................
36
Council, Order of Proceedings......................................................................................
19
Curfew...................................................................................................
See Adjournment
Debate and Conduct, Rules of......................................................................................
33
Debate, Participation of Chair in......................................................................................
7
Definitions and Interpretation..........................................................................................2
Delegations and Presenters, Conduct of.......................................................................
32
Delegations to Public Meetings.....................................................................................
32
Delegations, General.....................................................................................................
30
Delegations, Special Meetings......................................................................................
32
Delegations, to Committee............................................................................................
31
Delegations, to Council.................................................................................................
30
Deputy Mayor, Appointment of........................................................................................
6
Disclosure of Pecuniary Interest, Council & Committee ................................................ 19
Disposition of Delegation...............................................................................................
32
Disposition, Priority of....................................................................................................
37
Divide, Motion to...........................................................................................................
39
Dutiesof Council.............................................................................................................
7
Dutiesof the Mayor.........................................................................................................
5
Electronic Devices..........................................................
See Portable Electronic Devices
Emergency Special Meetings ..........................................................See
Special Meetings
Emergency Special Meetings, Notice of........................................................................
11
Exceptions, to Committee Mandates.............................................................................
13
FirstMeeting of Council...................................................................................................
8
First Meeting, Council............................................................................
See First Meeting
General Government Committee(GG)..........................................................................
13
General Provisions..........................................................................................................
5
GGCommittee..............................................................................................................
13
GGCommittee Agenda.................................................................................................
16
GGCommittee Mandate...............................................................................................
13
GG Committee, Order of Proceedings..........................................................................
24
Implementation, of this By-law......................................................................................
43
Inaugural Meeting.................................................................................
See First Meeting
Interpretation and Definitions..........................................................................................
2
Issue not Addressed........................................................................................................
5
Length of Meetings / Scheduled Break..........................................................................
11
LimitTime, for Debate...................................................................................................
35
45
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Limits, Time, Delegations, General...............................................................................
31
Limits, Time, Delegations, to Committee.......................................................................
31
Limits, Time, Delegations, to PD Committee.................................................................
32
Mandate, GG Committee..............................................................................................
13
Mandate, PD Committee...............................................................................................
14
Matters and Motions Without Notice and Without Leave ...............................................
37
Mayor, Duties of..............................................................................................................
5
Mayor, Voting..................................................................................................................
7
MeetingMinutes............................................................................................................
18
Meeting, First..................................................................................................................
8
Meeting, Inaugural................................................................................. See First Meeting
Meeting, Notice.............................................................................................................
10
Meetings..........................................................................................................................
7
MeetingsOpen to Public.................................................................................................
9
Meetings, Closed............................................................................................................
9
Meetings, Public............................................................................................................28
Meetings, Regular...........................................................................................................7
Meetings, Regular, Notice of.........................................................................................
10
Meetings, Special............................................................................................................8
Meetings, Special, Notice of..........................................................................................
11
Member of Council, Duties of..........................................................................................
7
MembersSpeaking.......................................................................................................
35
Minutes, Agendas and...................................................................................................
15
Minutes, Meeting...........................................................................................................
18
Motionin Writing...........................................................................................................
37
Motion Ruled Out of Order............................................................................................
36
Motionto Adjourn..........................................................................................................
41
Motionto Amend...........................................................................................................
38
Motion to Amend Something Previously Adopted.........................................................
38
Motionto Divide............................................................................................................
39
Motionto Recess..........................................................................................................
40
Motionto Reconsider....................................................................................................
40
Motion to Refer or Commit............................................................................................
37
Motionto Rescind..........................................................................................................
39
Motionto Table.............................................................................................................
39
Motionto Withdraw........................................................................................................
36
Motion, Procedural Notice(s) of.....................................................................................
24
Motions, General...........................................................................................................
35
Motions, Reading..........................................................................................................
35
Motions, Voting on.........................................................................................................41
New Business -- Consideration.....................................................................................
26
New Business -- Consideration, PD Committee............................................................
29
New Business -- Introduction........................................................................................
24
New Business -- Introduction, PD Committee...............................................................
27
No debate until properly moved and seconded.............................................................
36
Not within Jurisdiction of Council...................................................................................
36
Noticeof Meeting..........................................................................................................
10
M.
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Notice(s) of Motion, Business Arising from Procedural .................................................
22
Notice(s) of Motion, Procedural.....................................................................................
24
Opento Public, Meetings................................................................................................
9
Order of Proceedings - Council.....................................................................................
19
Order of Proceedings, GG Committee..........................................................................
24
Order of Proceedings, PD Committee...........................................................................
27
Orderof Speaking.........................................................................................................
33
Order, Call to, at Council...............................................................................................
19
Order, Call to, at GG Committee..........................................See Call to Order, at Council
Order, Call to, PD Committee...............................................See Call to Order, at Council
Order, Point of...............................................................................................................
34
OtherBusiness..............................................................................................................
24
Out of Order, Motion Ruled...........................................................................................
36
Participation of Chair in Debate.......................................................................................
7
PDCommittee Mandate................................................................................................
14
PD Committee, Order of Proceedings...........................................................................
27
Pecuniary Interest, Council & Committee......................................................................
19
Planning and Development Committee.........................................................................
17
Pointof Order................................................................................................................
34
Pointof Privilege...........................................................................................................
34
Portable Electronic Devices..........................................................................................
12
Presentations, General..................................................................................................
20
Presentations, to Committee......................................................................................
21
Presentations, to GG Committee ....................................... See Presentations, to Council
Presentations, to PD Committee ........................................ See Presentations, to Council
Presenters, Conduct of..................................................................................................
32
Priority of Disposition of Motions...................................................................................
37
Privilege, Point of..........................................................................................................
34
Procedural Notice(s) of Motion......................................................................................
24
Public Meeting, Delegations to......................................................................................
32
PublicMeetings.............................................................................................................28
QuestionBe Now Put....................................................................................................
38
QuestionRead..............................................................................................................
35
Questions......................................................................................................................
35
Quorum...........................................................................................................................
9
ReadQuestion..............................................................................................................
35
ReadingMotions...........................................................................................................
35
Recess, Motion to..........................................................................................................
40
Reconsideration............................................................................................................
40
RecordedVote..............................................................................................................
42
Recording of Council and Committee Meetings, Video .................................................
12
Referor Commit, Motion to...........................................................................................
37
RegularMeetings............................................................................................................
7
Regular Meetings, Notice of..........................................................................................
10
Reply, Speak Once.......................................................................................................
35
Reportingto Committee................................................................................................
14
Reportingto Council...................................................................................................
13
47
The Corporation of the Municipality of Clarington
(Consolidated) Procedural By-law 2015-029
Reports, Committee......................................................................................................
22
Reports, Confidential.....................................................................................................23
Reports, Confidential, GG Committee...........................................................................26
Reports, Confidential, PD Committee............................................................................
29
Reports, Staff, at Council..............................................................................................
22
Reports, Staff, GG Committee......................................................................................
26
Reports, Staff, PD Committee.......................................................................................
29
Request to Speak, Special Meeting..............................................................................
32
Request to Speak, to Committee..................................................................................
31
Request to Speak, to Council........................................................................................
31
Rescind, Motion to.........................................................................................................
39
Ruled Out of Order, Motion...........................................................................................
36
Rules of Debate and Conduct.......................................................................................
33
Rules of Procedure, Suspension.....................................................................................
5
Ruling of Chair, Appeal of.............................................................................................
34
Scheduled Break/Length of Meetings............................................................................
11
Seating and Persons within Council Ring........................................................................
8
SpeakOnce - Reply......................................................................................................
35
Speak, Request, to Committee.....................................................................................
31
Speak, Request, to Council...........................................................................................
31
Speaking, Members of..................................................................................................
35
Speaking, Order of........................................................................................................
33
SpecialCommittee Agendas.........................................................................................
18
SpecialMeetings.............................................................................................................8
Special Meetings, Delegations to..................................................................................
32
Special Meetings, Emergency, Notice of.......................................................................
11
Special Meetings, Notice of...........................................................................................
11
Staff Reports, at Council...............................................................................................
22
Staff Reports, GG Committee.......................................................................................
26
Staff Reports, PD Committee........................................................................................
29
Suspension of Rules of Procedure..................................................................................
5
Table, Motion to............................................................................................................
39
TimeLimit, for Debate...................................................................................................
35
Time Limits, Delegations, General................................................................................
31
Time Limits, Delegations, to Committee........................................................................
31
Time Limits, Delegations, to PD Committee..................................................................
32
Unfinished Business, at Council....................................................................................
22
UnrecordedVote...........................................................................................................
42
Video Recording of Council and Committee Meetings ..................................................
12
Vote, Recorded.............................................................................................................
42
Vote, Unrecorded..........................................................................................................
42
Votingon Motions.........................................................................................................
41
Voting, Mayor..................................................................................................................7
Withdrawn, Motion.........................................................................................................36
Without Notice and Without Leave, Matters and Motions ..............................................
37
Writing, Motion in..........................................................................................................
37