HomeMy WebLinkAboutCLD-006-15 Clor(trington
Clerk's
Report
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Report To: General Purpose and Administration Committee
Date of Meeting: February 23, 2015
GPI- 0-19 - 1�
Report Number: CLD-006-15 Resolution:
File Number: By-law Number:
Report Subject: Procedural By-law and Related Policies — Improvement and
Efficiency Amendments
Recommendations:
1. That Report CLD-006-15 be received;
2. That, in the interest of improving communication flow and providing for greater efficiencies
during meetings, the Procedural By-law 2011-016 be repealed and a new procedural by-
law be approved (Attachment 1 to Report CLD-006-15);
3. That, where Council deems it appropriate to communicate its position to municipalities
beyond those in the Region of Durham, the resolution be forwarded to the Association of
Municipalities of Ontario (AMO) and/or the Federation of Canadian Municipalities (FCM)
rather than each individual municipality;
4. That correspondence received from other municipalities requesting
end orsement/consideration of a resolution be copied to each member of Council and shall
only be considered by Council at the request of a Member of Council or the CAO, in
accordance with the Procedural By-law; and
5. That the authority to appoint private parking enforcement officers be delegated to the
Municipal Clerk.
Municipality of Clarington
Report CLD-006-15 Page 2
Report Overview
In an effort to improve efficiencies related to Council and Committee meeting management, to
provide for more timely flow of communications, and to maximize the use of technology, it is
recommended that the Procedural By-law be amended, and further that supporting policies
also be updated.
1 . Background
The current Procedural By-law was passed in March 2011. At the time of passing, the by-
law maintained those sections of the governing Procedural By-law while incorporating a
number of changes which ensured the by-law met and reflected the needs of the current
Council. Since that time, the By-law has been amended five times.
While much of the existing Procedural By-law continues to reflect the current needs and
requirements to ensure proper flow and conduct of Council meetings, there are a number of
areas which should be updated to:
• provide for more timely flow of communication,
• more accurately reflect the past practice of Council,
• improve efficiencies, and
• recognize and maximize the use of technology.
2. Opportunities for Improvement
The review of the Procedural By-law and the identification of opportunities for improvement
are based on the following principles:
• meetings of Council and Committee are limited to the business within their statutory
rights and obligations,
• balance debate with the need to make recommendations and decisions in a timely
manner,
• provide for the hearing/consideration of input from interested parties in a pragmatic
way,
• provide for open and transparent governance; and
• the business of Council is conducted by all participants with respect and courtesy.
The following sections detail the opportunities for improvement. They are listed in the order
in which the matter is addressed in the current Procedural By-law.
Municipality of Clarington
Report CLD-006-15 Page 3
2.1 Length of Meetings and Breaks
Section 4.9.1 of the current Procedural By-law establishes 11:00 PM as a curfew for
meetings governed by the Procedural By-law, regardless of their meeting start time. The
by-law is silent on break times or lunch breaks. Limiting the length of meetings to a
reasonable time period and providing for proper breaks, promotes the health and well-being
of members of Council and staff, and facilitates sound decision making. It is therefore
recommended that the by-law be amended to delete section 4.9 and replace it with the
following to retain the existing Council meeting curfew and to establish a maximum length
of meeting and scheduled lunch break for Committee meetings:
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 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.
2.2 Announcements
Section 7.3.1 of the Procedural By-law currently reads as follows:
"During this portion of the Meeting, when recognized by the Chair, Members may
announce or comment on community events and activities."
The intent of the announcements is to share with the audience (i.e. residents) the events
taking place in their community and/or matters of importance to Clarington. Technically
speaking, announcements do not fall within the scope of"Council Business".
In practice, Members of Council make announcements at both Council and Committee
Meetings. To ensure that each Member has the opportunity to be first to make their
announcements, staff are required to keep track of who went first. At the next meeting
(regardless of whether it is Committee or Council), the opportunity to announce first moves
to the next Councillor (alphabetically by last name). While Section 7.3.1 restricts
announcements to "community events and activities", regularly matters are included that do
not necessarily fit within the regulation and often the same announcements are made by
multiple members of Council at the same meeting, and are also repeated over multiple
meetings.
The length of time spent making the announcements in a Committee/Council meeting
ranges anywhere from approximately 15-25 minutes. Following the meeting, staff typically
spend in excess of two hours researching the announced events to ensure that the minutes
accurately reflect the announcement. The attendance rate at Committee and Council
meetings is often minimal, the viewership of the intermittent visual recordings of Council
meetings is not significant, and the access rates to the audio recordings of meetings are
Municipality of Clarington
Report CLD-006-15 Page 4
minimal. According to a study conducted in 2013, wherein respondents were asked "if
Announcements at a Council Meeting were the most effective way for the Municipality to
provide information", 10% of the respondents indicated they thought it was effective. The
announcement messages are very much worthwhile and deserving of being communicated
to our community, the method by which they are being communicated, however, may not
be optimum.
The Clarington Website offers a "Community Events Calendar" which is currently available
to any community group wishing to promote their events. This calendar is available for
anyone to access through the internet. It should be noted that, although the website is
currently under review, there will still be a "Community Events Calendar", however it may
look slightly different than currently.
Clarington's Facebook page has 1300 likes from people who would benefit from e-
announcements through the community calendar. Events calendars could also be posted
in key areas at each of the Clarington facilities for viewing by members of the public who do
not have access to the internet.
Based on the foregoing, it is therefore recommended that Section 7.3 of the Procedural By-
law be deleted. To improve meeting efficiencies, event promotion, and staff resource
efficiencies, it is further recommended that Council members, through the assistance of the
Administrative Assistant to Council and the Tourism Division staff, announce/promote the
events through the Community Events Calendar and that Members of Council promote the
use of the Community Events Calendar with residents and community groups.
2.3 Communications
Section 7.6 of the Procedural By-law sets out the protocol for inclusion of communications
in the Council and Committee Agendas. Specifically, Section 7.6.1 states:
"Every written communication, designed to be presented to Council, shall be legibly
written or printed, shall not contain any impertinent or improper matter or language,
shall identify the author(s), and shall be filed with the Municipal Clerk before it is
presented to Council."
The result of this clause is a very broad direction to the Clerk to include all communications
addressed to Council. The inclusion of the term "designed" without definition has
traditionally been interpreted broadly, thereby creating the perception that the authors of
the correspondence are directing the Council business rather than Council. This is not to
say that the correspondence received should be dismissed.
Currently correspondence is received in the Municipal Clerk's Department.
Correspondence items vary in purpose and topic and include: letters from residents with
concerns or support, requests for proclamations or seeking award nominations,
informational correspondence from other levels of government and associations such as
the Association of Municipalities of Ontario and the Federation of Canadian Municipalities,
advisory committee minutes, and correspondence from other municipalities seeking
endorsement on an issue. An assessment of who should be copied on the correspondence
is made, the copies are prepared and are then distributed by inter-office mail. Depending
on the urgency of the matter, the correspondence may also be copied to Members of
Council in advance of being summarized in the Council Agenda (the actual correspondence
Municipality of Clarington
Report CLD-006-15 Page 5
is not copied in the bound agenda package). An average of more than eight hours is spent
summarizing the correspondence for each Council Agenda, in addition to copying and
distributing the mail. On average per meeting, three correspondence items considered
under "Received for Information" and five under "Direction" are actually debated or directly
pertain to matters currently under Council's consideration (i.e. Council business).
It is often the practice of Council to circulate resolutions to a number of municipalities based
on their size or geographic area (depending on the subject of the resolution), which results
in significant mailing and staffing costs. The circulations to many municipalities often result
in a flood of responses; several of which come from the many municipalities who have
adopted the practice of only considering resolutions from other municipalities at the request
of a member of council. A more appropriate and perhaps more effective means by which to
communicate Council's position on a particular matter would be to notify the Association of
Municipalities of Ontario (AMO) or the Federation of Canadian Municipalities (FCM), given
that, Council's position on the issue might be considered at the AMO and FCM
conferences.
To provide for more timely, cost effective, consistent and appropriate consideration of
correspondence items and to improve staff efficiencies, it is recommended that
correspondence to be included on an agenda be limited to:
Council Meetings:
• items pertaining to an item on the Council Agenda, or
• where it is deemed necessary and appropriate by the Municipal Clerk.
GPA Meetings:
• items pertaining to an item on the Committee Agenda,
• where it has been requested to be included by the Mayor or a Member of Council,
and
• where it is deemed necessary and appropriate by the Municipal Clerk.
All other correspondence items shall be scanned and circulated to the appropriate
recipients; including staff and Members of Council. Where a Member of Council wishes to
introduce a motion regarding a matter which may have been brought to their attention by
way of written communication, they may by 4:15 PM the Friday preceding the
commencement of the GPA Committee meeting, request the Municipal Clerk to have the
matter added to the General Purpose and Administration Committee meeting agenda. A
Department Head who deems it appropriate to have a motion introduced pertaining to a
matter that was brought to their attention by way of written communication should raise the
matter with their respective Council Liaison and request that a motion be introduced at the
General Purpose and Administration Committee meeting, under "Other Business".
Correspondence included on the Council or GPA Agenda will be presented in its entirety,
rather than being summarized in details which can lead to misinterpretation or
miscommunication. It is further recommended that, where Council deems it appropriate to
circulate resolutions to other municipalities advising of Council's position, the resolution be
circulated to AMO or FCM instead of the individual municipalities.
Municipality of Clarington
Report CLD-006-15 Page 6
Based on the foregoing, it is recommended that Section 7.6 be deleted and replaced with
sections 7.5 and 8.8 of the proposed by-law.
2.4 Committee Reports
Clarington Advisory Committees and Boards are established by Council and, in accordance
with their Terms of Reference, are required to report to Council. These Committees and
Boards satisfy this requirement by forwarding their minutes to Council. Currently the
Minutes from Advisory Committees and Boards are included as correspondence items to
be received for information. It is recommended that the minutes from Clarington Advisory
Committees and Boards be considered under the Committee Reports section of the
Council Agenda. Minutes received from other external Agencies, Boards or Committees,
(ie. those not "reporting to Council' ) will not be included in the Council Agenda and will be
forwarded to Members of Council through their regular mail.
2.5 Motion to Refer
Section 10.12.8 of the By-law provides that a motion to refer without instructions may not
be debated. Section 10.12.9 of the By-law provides that a motion to refer with instructions
may be debated, but the debate must be limited to the instructions only. Despite these
requirements, often both at Committee and Council meetings, with a view to promoting
healthy debate regarding a matter, the chair will allow debate on a referral motion beyond
the referral instructions. It is therefore recommended that the following section be added
which will allow for all members to have an opportunity to speak to the issue:
Section 10.12.21
A motion to refer shall not be in order where there is a list of speakers pending.
2.6 Motion to Defer/ Motion to Table
A motion to table can be interpreted in two ways depending on if you are following
American or British Rules of Order. In Clarington, the term "Table" has traditionally held the
meaning that the matter is being deferred with or without instructions. As such, in order to
clarify this in the By-law it is recommended that the reference to "Defer", throughout the by-
law, be deleted.
2.7 Other Business
At a Council Meeting — Currently, Section 7.13 allows that "items of an information nature
only" shall be raised under the Other Business section of the agenda. To ensure that the
matters deliberated at Council are matters pertaining to Council business, and to promote
openness and transparency, it is recommended that section 7.13 be deleted.
At a GPA Meeting — Currently, Section 8.10 provides that a Member may introduce any
other business at the General Purpose and Administration Committee. The opportunity to
raise other business under this current provision typically is introduced verbally which can
be difficult for the Clerk (or designate) to capture, can come as a surprise to other Members
of Committee (and staff), and can often lead to motions being introduced which may not
ultimately achieve that which was intended. In an effort to continue the opportunity to
introduce new items at Committee while improving and streamlining the process, it is
Municipality of Clarington
Report CLD-006-15 Page 7
recommended that a) the concept of"adopting the agenda" early in the meeting be added
and b) that Section 8.10 be amended.
"Adopting the Agenda" — By adopting the agenda, the Committee would be formally
adopting and agreeing to the business that they will be addressing at the meeting. At the
time that the "motion to adopt the agenda" is introduced, Members would then move to add
any new business that they intend on raising under "Other Business". This allows
Members the opportunity to state any pecuniary interests at the outset of the meeting. As
well, this provides them with an opportunity to have their matters of interest added to the
agenda, while providing staff and the other members with notice that the matter is going to
be introduced later in the meeting.
Section 8.10 — It is recommended that this section be amended to better define the manner
in which the "Other Business" is introduced. The recommended amendments are as
follows:
That Section 8.10.1 be deleted and replaced as follows:
8.10.1 Members may only introduce a motion on any other business, not otherwise
disposed of under any other section of the agenda, provided that the matter was
introduced prior to voting on the motion to Adopt the Agenda.
8.10.2 As per 10.12.2, all motions introduced in accordance with section 8.10.1 shall
be in writing if requested by the Chair.
That Section 10.12. be amended by adding the following:
10.12.2 Notwithstanding section 10.12.1, in a Meeting of Committee, unless
otherwise provided for in this Procedural bylaw, all motions introduced in accordance
with section 8.10.1 must be in writing if requested by the Chair.
2.8 Delegations
The current by-law provides an opportunity for members of the public to address
Committee about any matter and to address Council provided they are speaking to a matter
on the agenda. That said, often times members of the public will submit a letter and then
request to speak to the letter. As stated earlier in this report, correspondence items at
Council should be limited to items pertaining to matters before Council. By extension,
therefore, delegations should also be limited to matters before Council.
Members of the public are not always fully aware of the municipal process and the policy
setting role of Council and the administrative role of staff. As such, in an effort to better
serve our community, it is recommended that the following clause be added:
9.1.5 For matters which are more properly within the responsibility of Municipal staff,
the Municipal Clerk shall notify the proposed delegate that the delegation shall not be
listed on an agenda, and shall direct the proposed delegate to the appropriate Municipal
Department. The delegate shall not be listed on an agenda for delegation until staff
have had an opportunity to address the matter.
9.1.6 No further delegations may be made in respect of a delegation placed on an
agenda in accordance with this section.
Municipality of Clarington
Report CLD-006-15 Page 8
2.9 Delegation of Authority - Private Parking Enforcement Officers
Section 7.11.1 of the current procedural by-law provides that a by-law delegating authority
to enforce the Municipal Traffic By-law to persons affiliated with private parking authorities
may be included on the Council Agenda without a supporting report. To further streamline
this process, it is recommended that the authority to authorize persons affiliated with private
parking authorities to enforce the Clarington traffic by-law be delegated to the Municipal
Clerk.
2.10 Housekeeping
During this review of the Procedural By-law several housekeeping amendments were
identified and are included in the proposed new by-law.
2.11 Proclamations
In June 2007, Council adopted a proclamation policy (see Attachment 2). The Policy
details which requests for proclamations shall be approved and which ones will be denied.
Despite the fact that the policy states which requests shall be approved, it requires the
requests to be approved by Council. The requirement for a proclamation request to be
presented to Council is somewhat redundant given that Council has already approved what
requests shall be approved, by virtue of adopting the policy.
To improve customer service and streamline the proclamation request process, it is
recommended that Section 3 of Policy F9, Proclamations, be amended to
• delete the requirement for the request to be forwarded to Council, and
• to delegate the authority to approve the proclamation to the Mayor, and
• to require the Municipal Clerk to forward proclamation requests directly to the Mayor for
consideration, and
• to notify the Communications staff upon notification of the Mayor's proclamation.
2.12 Addendum Agenda Items /Agenda Updates
On occasion because of urgency or timeliness of the matter, the Municipal Clerk will add an
agenda item to the agenda after it has been published and distributed. The current
Procedural By-law provides the Municipal Clerk the discretion to only add a communication
matter. It is recommended that this discretion be extended to staff reports as well.
3. Concurrence
This report has been reviewed by Andrew Allison, Municipal Solicitor, who concurs with the
recommendations.
Municipality of Clarington
Report CLD-006-15 Page 9
4. Conclusion
To realize staff efficiencies, to improve customer service and response times, to provide for
a meeting management approach whereby the matters placed before the Committee and
Council are limited to the business of the Council and Committee, it is respectfully
recommended that Procedural By-law 2011-016 be repealed and a new procedural by-law
be approved, that Policy F9, Proclamations, be amended, that the draft Council
Communications Policy be adopted, and that authority to authorize persons affiliated with
private parking authorities to enforce the Clarington Traffic By-law be delegated to the
Municipal Clerk.
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
� ne G eentree, A, CMO Franklin Wu,
-Iunicipal Clerk Chief Administrative Officer
Staff Contact: Anne Greentree, Municipal Clerk, 905-623-3379 ext. 2102 or
agreentree @clarington.net
Attachments:
Attachment 1 — Proposed new Procedural By-law
Attachment 2 — Proposed new Policy F9, Proclamations
Attachment 3 — Draft Communications Policy
There are no interested parties to be notified of Council's decision.
ATTACHMENT#1
The Corporation of the Municipality of Clarington TO REPORT CLD-006-15
Procedural By-law
Table of Contents
Section 1 —Definitions and Interpretation................................................................................................1
Section 2—General Provisions..................................................................................................................4
Applicability................................................................................................................................................4
Suspension of Rules of Procedure............................................................................................................4
Issuenot Addressed..................................................................................................................................4
Section 3—Duties of the Mayor and Council...........................................................................................4
3.1 Duties of the Mayor....................................................................................................................4
3.2 Appointment of Deputy Mayor...................................................................................................5
3.3 Participation of Chair in Debate.................................................................................................5
3.4 Duties of a Member of Council ..................................................................................................6
Section4—Meeting s...................................................................................................................................6
4.1 Regular Meetings.......................................................................................................................6
4.2 Special Meetings........................................................................................................................6
4.3 First Meeting of Council.............................................................................................................7
4.4 Seating and Persons within Council Ring..................................................................................7
4.5 Quorum......................................................................................................................................7
4.6 Meetings Open to Public............................................................................................................8
4.7 Closed Meetings........................................................................................................................8
4.8 Notice of Meeting.......................................................................................................................9
RegularMeetings.......................................................................................................................9
SpecialMeetings........................................................................................................................9
EmergencySpecial Meetings....................................................................................................9
4
4.9 Length of Meetings/Scheduled Break....................................................................................10
4.10 Communication Devices..........................................................................................................10
4.11 Video Recording of Council and Committee Meetings............................................. ....... ......10
Section5—Committees............................................................................................................................11
5.1 General Purpose and Administration Committee (GPA).........................................................11
5.2 GPA Mandate ..........................................................................................................................11
Exceptions .......................................................................:.......................................................11
5.3 Appointments to Municipal Service Boards, Advisory Committees and Corporations............12
Section 6—Agendas and Minutes...........................................................................................................12
6.1 Council Agenda........................................................................................................................12
6.2 GPA Agenda............................................................................................................................13
6.3 Special Committee Agendas ...................................................................................................14
i
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6.4 Meeting Minutes.......................................................................................................................14
Section 7—Order of Proceedings -Council...........................................................................................15
7.1 Call to Order.............................................................................................................................15
7.2 Disclosure of Pecuniary Interest..............................................................................................15
.......................................................................................................................15
=7=.4 7.3 Presentations...........................................................................................................................15
7.4 Delegations..............................................................................................................................16
.7=6 GemmunleainnQ
......................................................................................................................16
7.5 Communications......................................................................................................................16
7.6 Committee Reports..................................................................................................................17
74 7.7 Staff Reports............................................................................................................................17
7.8 Business Arising from Procedural Notice(s) of Motion............................................................17
7.9 Unfinished Business ................................................................................................................18
7.10 By-laws.....................................................................................................................................18
7.11 Procedural Notice(s) of Motion ................................................................................................18
......................................................................................................................19
Section 8—Order of Proceedings -GPA ................................................................................................19
8.1 Call to Order.............................................................................................................................19
8.2 Adopt the Agenda....................................................................................................................19
.4 8.3 Disclosure of Pecuniary Interest..............................................................................................19
8.4 Public Meetings........................................................................................................................19
8.5 Delegations..............................................................................................................................20
8.6 Presentations...........................................................................................................................20
8.7 Staff Reports............................................................................................................................20
8.8 Communications......................................................................................................................20
8.9 Unfinished Business ................................................................................................................21
8.10 Other Business ........................................................................................................................21
Section9—Delegations............................................................................................................................22
9.1 General 22
9.2 To Council................................................................................................................................22
Requestto Speak—Required..................................................................................................23
i
TimeLimits...............................................................................................................................23
of D-laomf
...............................................23
9.3 To GPA or Special Committee.................................................................................................23
TimeLimits...............................................................................................................................23
Requestto Speak—Required..................................................................................................23
Dispositionof Delegation.................:.......................................................................................24
9.4 At a Public Meeting..................................................................................................................24
TimeLimits.....................................................................................................................'..........24
Request to Speak—No Request Required..............................................................................24
9.5 Special Meetings......................................................................................................................24
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9.6 Conduct of Delegations and Presenters..................................................................................24
Section 10— Rules of Debate and Conduct............................................................................................24
10.1 Conduct of Members of Council, GPA and Special Committees.............................................25
10.2 Address the Chair....................................................................................................................25
10.3 Order of Speaking....................................................................................................................25
10.4 Point of Privilege......................................................................................................................25
10.5 Point of Order...........................................................................................................................26
10.6 Appeal of Ruling of Chair.........................................................................................................26
10.7 Members Speaking..................................................................................................................26
10.8 Question Read.........................................................................................................................26
10.9 Speak Once- Reply.................................................................................................................26
10.10 Time Limited............................................................................................................................27
10.11 Questions.................................................................................................................................27
10.12 Motions.....................................................................................................................................27
Reading....................................................................................................................................27
Withdrawn................................................................................................................................28
No debate until properly moved and seconded.......................................................................28
Motion Ruled Out of Order.......................................................................................................28
Not within jurisdiction of Council..............................................................................................28
Matters and Motions Without Notice and Without Leave.........................................................28
Motionin Writing......................................................................................................................29
Priorityof Disposition...............................................................................................................29
Motionto Refer........................................................................................................................29
Motionto Amend......................................................................................................................29
Motion to Amend Something Previously Adopted ...................................................................29
QuestionBe Now Put......................................................................:........................................29
Motion to Refer or Defer Postpone..........................................................................................30
Motionto Table........................................................................................................................30
Motionto Divide.......................................................................................................................31
Motionto Rescind....................................................................................................................31
Reconsideration.......................................................................................................................31
Motionto Recess.....................................................................................................................31
Motionto Adjourn.....................................................................................................................32
10.13 Voting on Motions....................................................................................................................32
UnrecordedVote......................................................................................................................33
RecordedVote.........................................................................................................................33
10.14 Conduct of the Audience..........................................................................................................33
11. Implementation ........................................................................................................................34
NOTE: Changes highlighted in green are housekeeping changes.
The Corporation of the Municipality of Clarington
By-law 2015-xxx
Being a by-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Purpose and Administration
Committee and Special Committees, and to repeal By-law 2011-016,
as amended.
WHEREAS Section 238 of the Municipal Act, 2001, as amended, requires Council to
adopt a procedure by-law for governing the calling, place, proceedings of meetings and
for public notice of meetings;
The Corporation of the Municipality of Clarington hereby enacts as follows:
Section 1 — Definitions and Interpretation
1.1 SHORT TITLE: This By-law may be cited as the "Procedural By-law".
1.2 For the purposes of this By-law, unless stated otherwise or the context
requires a different meaning:
Chair:
In the case of the Council 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 GPA, Chair means the Mayor, Deputy Mayor or Department Liaison,
whoever presides over a portion of a Meeting of GPA as provided for in Sub-section
5.1.1 b), of this Procedural By-law.
In the case of a Special Committee, Chair means the Member appointed as such by
Council pursuant to Sub-section 5.2.3 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 5.2.3 of this
Procedural By-law.
Committee means a committee of Council and includes Standing Committees, or sub-
committees of the Standing Committees and Special Committees.
Council means the Council of the Municipality of Clarington.
Councillor means a person elected or appointed as a Member of Council but does not
include the Mayor.
Delegation means a person desiring to verbally present information on matters of fact,
or to make a request to Council, GPA or a Special Committee, as the case may be.
2
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.
GPA means the General Purpose and Administration Committee of Council.
Holiday means a holiday as defined by the Legislation Act, S.0. 2006, Chapter 21,
Schedule F.
Mayor means the Head of Council.
Meeting means a regular or special meeting of Council, GPA, or a Special Committee
of Council, as the context requires.
Member means a Member of Council.
Municipal Act, 2001 means the Municipal Act, 2001, S.0. 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.14, as amended or replaced from time to time.
Municipal Elections Act, 1996 means the Municipal Elections Act, 1996, S.0. 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.
Pecuniary Interest has the same meaning as the term has in the Municipal Conflict of
Interest Act, R.S.O. 1990, c.M.50, as amended or replaced from time to time.
Planning Act means the Planning Act, R.S.O. 1990, c.P.13, as amended or replaced
from time to time.
Point of Order means a statement made by a Member of Council during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
Point of Privilege means the raising of a question that concerns a Member of Council,
or all of the Members of Council, when a Member believes that his rights, immunities or
integrity or the rights, immunities or integrity of Council as a whole have been
challenged.
3
Presiding Member means the Member appointed to act as Chair pursuant to Sub-
sections 7.1.3 and 8.1.1 of this Procedural By-law.
Procedural Motion means any motion concerning the manner or time of consideration
of any matter before the Council as opposed to the substance thereof and includes,
without limitation, the following:
a) To extend the time of the Meeting;
b) To refer;
C) To amend;
d) To recess;
e) To table;
f) To lift from the table;
g) To adjourn;
yJ=
i) To divide;
j) Question be now put; or
k) 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 hearing, a public meeting, or a public workshop held in
accordance with the Planning Act or any other Act, for which notice has been given and
during which any person in attendance shall be provided an opportunity to make
representation in respect of the matter for which the Public Meeting is held.
Recorded Vote means the written record of the name and vote of every Member
present when the vote is called on any matter or question.
Rules of Procedure means the rules and requirements of this Procedural By-law.
Special Committee means a Special Committee of Council appointed pursuant to Sub-
section 5.2.3 of this Procedural By-law.
Standing Committee means the General Purpose and Administration Committee of
Council.
Substantive Motion means any motion other than a Procedural Motion and includes
but is not limited to, a motion that embodies and/or establishes a policy, ratifies an
action, or gives direction on a matter.
Website means the Municipality's website address at www.clarington.net.
1.3 Unless the context otherwise requires, in this Procedural By-law the words
used in the male gender shall include the female gender and the singular
includes the plural, and vice versa.
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Section 2 — General Provisions
Applicability
2.1 Without derogating from the other provisions of this Procedural By-law, the
rules and requirements contained in it shall be observed in all proceedings
of Council, GPA and Special Committees and shall be the rules and
requirements which govern the order of their business.
Suspension of Rules of Procedure
2.2 Despite Sub-section 2.1, the rules and requirements contained in this
Procedural By-law may be suspended by a vote of three-quarters (3/4) of
the Members present and voting.
Issue not Addressed
2.3 If an issue is raised that is not expressly addressed in this By-law, the issue
shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal
to the Council, GPA or Special Committee, in session, as the case may be.
Section 3 — Duties of the 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 GPA by taking the Chair and
calling the Members to order;
b) To announce the business before Council in the order in which it is
to be acted upon;
C) To receive and submit, in the manner prescribed by this Procedural
By-law, all motions presented by the Members of Council;
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;
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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;
n) To adjourn the Meeting when the business is concluded, or if
considered necessary because of grave disorder, to adjourn the
sitting without putting to the vote any question, or suspend the
sitting for a time to be named.
3.2 Appointment of Deputy Mayor
3.2.1 At the first meeting of Council or as soon thereafter as is practical, Council
shall appoint a Member to act as a Deputy Mayor in the absence of the
Mayor. During any such absence of the Mayor, the Deputy Mayor shall
exercise all of the powers and responsibilities of the Mayor under this By-
law or any other by-law or statute.
3.2.2 Further to the appointment referenced in Sub-section 3.2.1, Council, in its
discretion, may appoint a Member to act as Deputy Mayor for the term of
Council. Alternatively, Council may appoint two Members of Council each
of whom shall act as Deputy Mayor during periods of the term of Council
which are specified in the appointment.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts
and the Chair's position on any matter before the Council, GPA, or a
Special Committee without leaving the chair, which may take place
immediately prior to the vote, but it shall not be permissible for the Chair to
move a motion or debate a question without first leaving the chair.
3.3.2 If during a Meeting of Council the Mayor desires to leave the chair to move
a motion or to take part in the debate pursuant to Sub-section 3.3.1, or
otherwise, the Mayor shall call on the Deputy Mayor to preside until the
Mayor resumes the chair.
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3.3.3 If, at a Committee Meeting, the Chair desires to 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, GPA or Special
Committee of Council, as the case may be;
b) to vote when a motion is put to a vote;
C) to Chair the portion of the GPA Meeting for which he is the
Department Liaison and assume the duties of the Mayor as
detailed in Sub-section 3.1.1 with the exception of Sub-sections
3.1.1 a), 1) and fin); and
d) 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 and
GPA shall be held in the Council Chambers, Municipal Administrative
Centre, 40 Temperance Street, Bowmanville, ON and at the dates and
times as determined by Council resolution.
4.1.2 Unless otherwise directed by Council, the Special Committee Meetings shall
be scheduled by the Special Committee Chair at times and locations as
deemed appropriate to the mandate of the Special Committee.
4.2 Special Meetings
4.2.1 In addition to regular Meetings, special Meetings of Council or GPA shall be
held upon written direction signed by the Mayor and delivered to the
Municipal Clerk stating the date, time, location, and purpose of such
Meeting, 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 or GPA
and shall summon a special Meeting of Council or GPA when requested to
do so in writing by a majority of Members, at the time mentioned in the
request, and preference be given that said meeting shall only be held within
the Municipality of Clarington.
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4.2.3 The Municipal Clerk shall summon a special Meeting of Council or GPA,
when requested to do so in writing by a majority of the Members, at the time
mentioned in the request, 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 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 IlAdRieipakyLs Municipal staff shall be
permitted to enter the Council floor during the sitting of Council, GPA or
Special Committee without the permission of the Mayor or Committee Chair.
4.4.3 No person, other than a Member of Council or the 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 and the GPA shall be four (4) Members. A concurring
vote of a majority of Members present and voting is necessary to carry a
resolution. A quorum of a Special Committee shall be a majority of the
Members of the Special Committee.
4.5.2 If a quorum is not present within thirty (30) minutes after the time appointed
for a Meeting, the Municipal Clerk, or designate, shall record the names of
the Members present and the Meeting shall stand adjourned until the date
of the next regular Meeting or other Meeting called in accordance with this
Procedural By-law.
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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, GPA or a Special 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, GPA or a Special Committee shall, by resolution, close a Meeting
or part of a Meeting to members of the public where the subject matter to be
considered is a request under the Municipal Freedom of Information and
Protection of Privacy Act.
4.7.3 Council, GPA or Special Committee may hold a Meeting closed to the public
where the Meeting is held for the purpose of educating or training the
Members and at the Meeting no Member discusses or otherwise deals with
any matter in a way that materially advances the business or decision-
making of the Council, GPA or Special Committee.
4.7.4 A motion to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the matter to be considered at the closed
Meeting.
4.7.5 Where a Meeting or part of a Meeting is closed to the public, Council, GPA
or the Special Committee shall:
a) retire to the Council Ante Room or other such room as deemed
appropriate by Council, GPA or the Special Committee and only
those persons specifically invited to attend the closed Meeting shall
be permitted to attend; or
b) request those persons not specifically invited to the closed Meeting
to vacate the Council Chambers, or such room in which the
Meeting is being held, as the case may be.
4.7.6 A Meeting shall not be closed to the public during a vote except where the
meeting is a closed Meeting permitted or required by statute, and where the
vote is 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.
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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.
he meetiRg.
4.8.3 Notice of amendment to the Schedule of regular Meetings shall be posted
on the Website at least one week prior to the amended Meeting date where
practical to do so.
Special Meetings
4.8.4 Notice of special Meetings shall be posted on the Website not less than
twenty-four (24) hours before the time appointed for the special Meeting.
4.8.5 In addition to the notice provided for in Sub-section 4.8.4, written notice of a
special Meeting of Council, GPA or Special Committee shall be given to all
Members at least twenty four (24) heirs hefere the time appointed fnr sUnh
Meetiniv and shell he delivered:
a) in hardGepy to the GE) innillers' Offines Inneted at the 114 Uninipal
u
dMinistretiye G tre• and
rca'rtzrrn.�trcri�'v'�ve'��cr
b) elentrnninalh via email their MURiGipal email address.
4.8.6 The written notice referred to in Sub-section 4.8.5 above shall indicate the
nature of the business to be considered at the special Meeting of Council,
GPA or Special Committee whether not delegations will be heard and the
date, time and place of the Meeting.
Emergency Special Meetings
4.8.7 Where an Emergency special Meeting of Council is held in accordance with
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.
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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 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.
4.10 Communication Devices
4.10.1 Members are prohibited from bringing into the Meeting room cellular
phones, Blackberrys, audible pagers or any other similar communication
device.
4.10.2 During a Meeting, the use of cellular phones, Blackberrys, audible pagers or
any other similar communication device is only permitted in the press
gallery and staff areas within the Meeting room.
4.10.3 Despite Sub-section 4.10.2, the use of any communication 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.
4.10.4 Sub-sections 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-" 7.3.1 (a) of this
by-law.
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Section 5 — Committees
5.1 General Purpose and Administration Committee (GPA)
5.1.1 There shall be one Standing Committee of Council, namely the General
Purpose and Administration Committee of Council which shall be organized
as follows:
a) The GPA shall be comprised of all Members of Council.
b) Each Member shall be appointed as a Department Liaison as soon
as is practical after the first Meeting of Council or a vacancy occurs
for which he has been appointed Department Liaison. The
Department Liaison shall take the chair during that portion of the
GPA meeting dealing with the matters pertaining to the Department
for which he has been appointed Department Liaison.
C) The Mayor shall call the meeting to order, preside during
presentations and delegations, and chair that portion of the meeting
dealing with the matters pertaining to the Department for which he
has been appointed Department Liaison. As well, the Mayor shall
chair those portions of the meeting dealing with matters raised
under Other Business or continued to be considered under
Unfinished Business of the agenda, and the motion to adjourn.
5.2 GPA Mandate
5.2.1 The GPA shall consider all reports submitted to it by the Chief
Administrative Officer or Director of a Department, except where the GPA
tables or refers the report back to the Chief Administrative Officer or
Director of a Department for further processing or to answer questions
raised by the GPA. In all cases in which the GPA makes recommendations
respecting such matters, the GPA shall forward such recommendations by
way of Committee report to Council for consideration at the next regular
Meeting of Council. In addition, the GPA shall report to Council on any
matter within the jurisdiction of the Municipality and any other matter
referred to it by Council and exercise such powers as may be delegated to it
by Council
Exceptions
5.2.2 Notwithstanding the GPA Mandate outlined in Sub-section 5.2.1 and the
provisions of Sub-section 9.4.1, Council may consider any matter without
referring it to GPA and may withdraw a matter from GPA at any time.
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5.2.3 Notwithstanding the GPA mandate outlined in Sub-section 5.2.1, Council
may at any time appoint one or more Members to a Special Committee and
appoint one of such Members the Chair of the Special Committee. A
Special Committee shall enquire into and report on any matter assigned to it
by Council. A Special Committee may appoint a sub-committee of the
Special Committee and the Chair of the sub-committee to assist the Special
Committee in performing its mandate.
5.3 Appointments to Municipal Service Boards, Advisory Committees and
Corporations
5.3.1 The appointments of persons to Municipal Service Boards, Advisory
Committees and to the board of directors of Veridian Corporation shall be
considered by Council as soon as practical following the first Meeting of
Council, or as soon as practical after a vacancy occurs.
Section 6 —Agendas and Minutes
6.1 Council Agenda
6.1.1 The Municipal Clerk shall cause to be prepared an pFiRted agenda under the
following headings for the use of the Members at the regular Meetings of
Council:
Meeting Called to Order
Invocation
Disclosure of Pecuniary Interest
Anneunnemen+G
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)
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.
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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.
6.2 GPA Agenda
6.2.1 The Municipal Clerk shall cause to be prepared an meted agenda under the
following headings for the use of the Members at the regular meetings of
GPA:
Meeting Called to Order
Adopt the Agenda
Disclosure of Pecuniary Interest
Adoption of Minutes of previous meeting(s)
Public Meetings
Delegations
Communications
Presentations
Staff Reports
• Planning Services Department
• Engineering Services Department
• Operations Department
• Emergency and Fire Services Department
• Community Services Department
• Municipal Clerk's Department
• Corporate Services Department
• Finance Department
• Solicitor's Department
• Chief Administrative Office
Unfinished Business
Other Business
GOMMURiGatoons
Confidential Reports
Adjournment
6.2.2 The Municipal Clerk shall ensure that the GPA agenda is
provided to each
member no later than 12:00 noon the Friday preceding the commencement
of the regular Committee Meeting.
6.2.3 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
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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 GPA shall be considered in the order as it appears on the
agenda for its Meeting, unless otherwise decided by a vote of the majority of
the Members present and voting.
6.3 Special Committee Agendas
6.3.1 The Municipal Clerk shall cause to be prepared a printed agenda under the
following headings for the use of the Members at the meetings of the
Special Committee:
Meeting Called to Order
Disclosure of Pecuniary Interest
Adoption of Minutes
Matters of Business
Adjournment
6.3.2 The Municipal Clerk shall ensure that the Special Committee agenda is
provided to each member no later than 24 hours preceding the
commencement of the Special Committee Meeting.
6.3.4 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.
6.4 Meeting Minutes
6.4.1 The Municipal Clerk, or designate, shall cause minutes to be taken of each
Meeting of Council, GPA or a Special Committee, whether it is closed to the
public or not. These minutes shall include:
a) the place, date and time of Meeting;
b) the names of the Chair or Chairs and a record of the attendance of
the Members; should a Member enter after the commencement of
a Meeting or leave prior to adjournment, the time shall be noted;
C) the reading, if requested, correction and confirmation of the minutes
of prior Meetings;
d) declarations of pecuniary interest;
e) all resolutions, decisions and all other proceedings of Council, GPA
or Special Committee, as the case may be, without note or
comment.
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6.4.2 Where the minutes have been delivered to the Members in advance of the
Meeting, the minutes shall not be read, and a resolution that the minutes be
approved shall be in order.
6.4.3 Following approval of the minutes, the minutes shall be signed by the Mayor
and the Municipal Clerk or designate.
6.4.4 The Municipal Clerk, or designate, shall ensure that the minutes of the last
regular and/or special Meetings of Council, GPA and Special Committee
held more than five (5) days prior to a regular Meeting are included in the
agenda prepared in accordance with 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.
764 7.3 Presentations
7.3.1 At the request of a Member of Council or the Municipality's staff, any
person(s), organization(s), corporations(s), or appointed officials) 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.
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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.
7.3.2 Municipal audio visual equipment may be used to assist in presentations,
provided that permission has been obtained for use of such equipment from
the Municipal Clerk, or designate, at the time the presenter(s) contact the
Municipal Clerk's Department to register for the Meeting. Presentations
must be provided to the Municipal Clerk's Department no later than close of
business the Friday preceding the commencement of the Meeting.
Presentations will not be installed once the meeting has begun.
7.4 Delegations
7.4.1 See Section 9.
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7.5 Communications
7.5.1 All communications received by the Municipal Clerk before noon on
Wednesday prior to the commencement of the meeting, which:
• pertain to an item on that agenda, or
• is deemed necessary or appropriate by the Municipal Clerk,
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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.
7.5.2 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.
7.5.3 Every communication to be presented to Council or Committee, per Sub-
sections 7.5.1 to 7.5.2, 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.
7.5.4 Communications to be posted to the municipal website may be abridged as
determined by the Municipal Clerk to facilitate posting.
7.5.5 Any other communications will be forwarded to Council by the Municipal
Clerk with their regular mail and will not be placed on the Council or
Committee agenda. If a member wishes to deliberate an item of
correspondence, the Member shall, by 4:15 PM the Friday before the
commencement of the GPA Committee meeting, request the Municipal
Clerk to have the item added to the GPA Committee agenda.
7.6 Committee Reports
7.6.1 Reports of GPA, a+4 Special Committees and Advisory Committees and
Boards, shall be listed under this Section of the Council agenda.
7.6.2 Reports of GPA, a-P4 Special 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.
7.7 Staff Reports
7.7.1 Notwithstanding Sub-section 8.7.1, 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 GPA for
consideration.
7:4 7.8 Business Arising from Procedural Notice(s) of Motion
7.8.1 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
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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.
� 7.9 Unfinished Business
7.9.1 Any matters presented, considered, referred or tabled or any items not
otherwise disposed of through the consideration of an agenda matter, shall
be disposed of during this portion of the Meeting.
7.10 By-laws
7.10.1 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;
• a part lot control by-law;
shall be presented to Council unless the subject matter thereof has been
considered by Council or by GPA and has been approved by Council.
7.10.2 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.
7.10.3 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.
4 7.10.4 The Municipal Clerk-shall endorse, on all by-laws enacted by
Council, the date of enactment.
7.10.5 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.
7.10.6 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.
7.11 Procedural Notice(s) of Motion
19
7.11.1 Procedural Notices of Motions introducing a motion 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 as described in Sub-sections 10.12.9, 10.12.10, 10.12.28 and
10.12.32, 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.
'z2 7.11.2 Where a Procedural Notice of Motion has been given under Sub-
section 7.11.1, 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.
7.11.3 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.
Section 8 — Order of Proceedings - GPA
8.1 Call to Order
8.1.1 See Sub-section 7.1.
8.2 Adopt the Agenda
8.2.1 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 matters
they are intending to introduce, not otherwise be disposed of under any
other Section of the agenda, which will be introduced under the "Other
Business" Section of the agenda.
=2 8.3 Disclosure of Pecuniary Interest
84.4 8.3.1 See Sub-section 7.2
annni Ina
8.4 Public Meetings
8.4.1 Public Meetings shall be conducted in the following manner:
20
a) The Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be
conducted.
b) A member of the Municipality's staff shall address the GPA to
present the matter to the GPA.
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.
8.5 Delegations
8.5.1 See Section 9.
8.6 Presentations
8.6.1 See Sub-section 7.3.
8.6.2 Upon receipt of the request for Presentation as detailed in Sub-section 7=1
the Municipal Clerk, or designate, may schedule the presentation for a
specified time during the GPA meeting. When exercising this option, the
Municipal Clerk, or designate, shall include the schedule presentation time
on the meeting Agenda and shall notify the Presenter of the scheduled
presentation time.
8.6.3 Where the Municipal Clerk, or designate, has scheduled a Presentation for
a specified time, as per Sub-section 8.6.2, when that specified time arrives
during the GPA 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.
8.7 Staff Reports
8.7.1 Reports from the Municipality's staff shall be submitted to GPA for
consideration.
8.8 Communications
8.8.1 Netwithstanding G:,_=i_: }ho fnllnlnriR9 written nnmml lninr.tkN
may be pFeoented to (FDA and ohnll he printed at the end of the agenda
� p,�..,......�.L.�.,, .., GPA NIIL.. JIIN11 NL., r./IIIILVLA NL the
under the heading G GMM aniInNtiIen s e r shall di Jtrih ted to Members of
!_DA I Iner sea
nprat in naceo in Whinh the timing of reaelpt of the
GPA e GGyer,
rernml Inieatien is between the Printing of the agenda and the
VVIIII IIMIIIVNLIVII IV between the
nnrvmmennement of the Meeting:
21
46 GGhe dwled ;;Rd the -Ai'thnr has Feq este l that the nnmmUnin +inn
be diotrib� tee to Members at the P iblin MeetiRg; nr
...,.. .,. v.� v..,ay... av Members ua uw � ur..rnv ,
b) WrltteR nnmmL iniGatinno that have been refepred to GP by Ge innil
-'/ --� ---.. __.......w�� v�nuviw uiva i�uvv vva��i���a�
8.8.1 All communications received by the Municipal Clerk before noon on
Wednesday prior to the commencement of the meeting, which:
• pertain to an item on that agenda,
• where it has been requested to be included by the Mayor or a
Member of council, or
• is deemed necessary and 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.
8.8.2 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.
8.8.3 Every communication to be presented to Committee, per Sub-sections 8.8.1
to 8.8.2, 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.
8.8.4 Communications to be posted to the municipal website may be abridged as
determined by the Municipal Clerk to facilitate posting.
8.8.5 Any other communications will be forwarded to Council by the Municipal
Clerk with their regular mail and will not be placed on the Council or
Committee agenda. If a member wishes to deliberate an item of
correspondence, the Member shall, by 4:15 PM the Friday before the
commencement of the GPA Committee meeting, request the Municipal
Clerk to have the item added to the GPA Committee agenda.
8.9 Unfinished Business
8.9.1 See Sub-section 7=4Q 7.9.
8.10 Other Business
8.10.1
Members may only introduce a
motion on any other business, not otherwise disposed of under any other
22
Section of the agenda, provided that the matter was introduced prior to
voting on the motion to Adopt the Agenda.
8.10.2 As per Sub-section 10.12.2, all motions introduced in accordance with Sub-
section 8.10.1 shall be in writing if requested by the Chair.
Section 9 — Delegations
9.1 General
9.1.1 Where a single Delegation comprises more than five persons, only two of
them may make verbal submissions to Council, GPA or the Special
Committee, as the case may be. The Delegation shall be limited to the time
fixed by Sub-sections 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 delegates
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 For matters which are more properly within the responsibility of Municipal
staff, the Municipal Clerk shall notify the proposed delegate that the
delegation shall not be listed on an agenda, and shall direct the proposed
delegate to the appropriate Municipal Department. The delegate shall not
be listed on an agenda for delegation until staff have had an opportunity to
address the matter.
9.1.6 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 GPA, or is the subject of
a staff report or matter included under Unfinished Business included on the
23
Council agenda, where the Delegation spoke to the item at the GPA
meeting, including a Public Meeting, which is being reported to Council.
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 GPA, subject to Sub-section
9.2.4, the Delegation may be permitted to speak to Council on the matter
Request to Speak — Required
9.2.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the Council Meeting and
shall state the agenda item and 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 GPA or Special Committee
9.3.1 Except where a particular matter has been reported by the Director of a
Department or the Chief Administrative Officer directly to Council, or in
cases in which the Municipal Clerk determines that the matter is of an
urgent nature and there is insufficient time for a delegation respecting it to
be heard by the Committee, all Delegations shall be directed to and heard
by GPA or a Special Committee, as determined by the Municipal Clerk.
9.3.2 Notwithstanding Sub-section 9.2.1, Delegations shall not be permitted to
speak to GPA regarding a matter that is the subject of a Public Meeting
which is included on the GPA agenda.
Time Limits
9.3.3 Each Delegation to GPA or Special Committee in respect of a particular
matter shall be limited to ten (10) minutes in addition to the time taken by
the Members to ask questions of the Delegation and to receive answers to
such questions.
Request to Speak — Required
9.3.4 Delegations shall notify the Municipal Clerk no later than fifteen (15) minutes
prior to close of business on the Friday preceding the GPA or Special
Committee Meeting and shall state the nature of the issue they wish to
address.
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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 Council has passed a by-law delegating to GPA, Council's
responsibility to conduct a hearing, a Public Meeting, or a public workshop,
before passing a by-law or prior to adopting and approving an Official Plan
Amendment, zoning by-law amendment, or approving a draft plan of
subdivision, under the Municipal Act, 2001, or the Planning Act, the GPA
shall conduct such hearing, Public Meeting, or public workshop.
Time Limits
9.4.2 Delegations to GPA in respect of any such matter for which the Public
Meeting is held, shall be limited to ten (10) minutes 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
GPA agenda for the Meeting in question.
9.5 Special Meetings
9.5.1 No Delegation will be heard at a special Meeting of Council or GPA unless
otherwise directed in the call of the special meeting.
9.6 Conduct of Delegations and Presenters
9.6.1 Delegations and presenters shall not:
a) speak disrespectfully of any person;
b) use offensive words;
C) speak on any subject other than the subject for which they have
given notice to address Council/Committee;
d) disobey the decision of the Chair;
e) enter into debate with Members; and
f) appropriate any unused time allocated to another Delegation or
presenter.
Section 10 — Rules of Debate and Conduct
25
10.1 Conduct of Members of Council, GPA and Special Committees
10.1.1 No Member shall:
a) speak disrespectfully of any elected assembly;
b) use offensive words or unparliamentary language or speak
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 or her to vacate the
Council Chambers or room in which the Meeting is being held, but
if the Member apologizes he eFshe-may, by majority vote of the
Members, be permitted to retake his eF her seat; and
e) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter
or the substance of the deliberations of the closed Meeting to any
person.
10.2 Address the Chair
10.2.1 Any Member desiring to speak shall signify their desire to speak in such a
manner as the Chair may direct, and upon being recognized by him, shall
address the Chair.
10.3 Order of Speaking
10.3.1 When two or more Members signify a desire to speak, the Chair shall
recognize the Member who, in the opinion of the Chair, so signified first and
next recognize in order the other Members.
10.4 Point of Privilege
10.4.1 Where a Member considers that his rights or integrity or the rights or
integrity of the Council or Committee as a whole have been challenged, as
a matter of Privilege, the Member may rise on a Point of Privilege at any
time, with the consent of the Chair, for the purpose of drawing the attention
of Council or Committee to the matter.
10.4.2 A Member who desires to address Council, GPA or a Special Committee, as
the case may be, on a matter which concerns the rights or privileges of the
Council collectively, or as an individual Member, will be permitted to raise
such Point of Privilege. A breach of privilege is a willful disregard by a
Member or any other person of the dignity and lawful authority of Council. A
26
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, GPA or Special
Committee, as the case may be, the decision of the Chair shall be final.
10.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council, GPA or the Special 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, GPA or Special Committee, as the case may
be, without debate on the following question: "Will the ruling be
sustained?", and the decision of Council, GPA or the Special Committee is
final. The Chair may vote on this question. In the event of a tie of votes,
the ruling of the Chair shall be deemed to be sustained.
10.7 Members Speaking
10.7.1 When a Member is speaking, no other Member shall pass between him and
the Chair, or interrupt him except to raise a Point of Order.
10.8 Question Read
10.8.1 Any Member may 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, GPA or Special Committee, as the case may be, except that a
reply shall be allowed to be made only by a Member who has presented the
27
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, GPA or a Special 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.
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-section 8.10.1 must be in writing if requested by the
Chair.
—2 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.
28
Withdrawn
10.12.5 After a motion is properly moved and seconded, it shall be deemed
to be in possession of Council, GPA or Special Committee, but may be
withdrawn by the mover at any time before decision or amendment.
No debate until properly moved 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-- 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, GPA or a Special Committee.
Matters and Motions Without Notice and Without Leave
2 8 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;
g) Question be now put; and
h) 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.
29
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, GPA or a Special Committee for
decision must be disposed of before any other motion can be received
except a motion in respect of matters listed in Sub-section 10.12.9
or 10.12.10.
Motion to Refer
`' 10.12.13 A motion to refer a matter under discussion by Council, GPA or a
Special Committee shall be considered before all amendments to the main
question are considered until the motion to refer is decided.
Motion to Amend
^ '
10.12.14 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.
^ 10.12.15 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
10.12.16 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 742 7.11, 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
10.12.17 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
30
consideration be put forward immediately without debate or
amendment;
e) Can only be moved in the following words, "that the question be now
put"; and
f) A motion "that the question be now put" requires an affirmative vote
of two-thirds of the Members present and voting.
Motion to Refer or sefeF/Postpone
^
10.12.18 A Motion to refer or to refer back or postpone the
question may include instructions respecting the terms upon which the
question is to be referred or defermd or postponed.
� a
10.12.19 A motion to refer or to refer back or postpone the
question shall not be debatable except where instructions are included, in
which case, only the instructions shall be debatable.
^
12 19 10.12.20 A motion to refer or to refer back or postpone the
question may not be amended except where instructions are included, in
which case, only the instructions may be amended in accordance with the
provisions in Sub-section ^ 10.12.14.
10.12.21 A motion to refer shall not be in order where there is a list of speakers
pending.
Motion to Table
10.12.22 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.
10.12.23 A motion to table with some condition, opinion, or qualification added to the
motion to table shall be deemed to be a motion to postpone made
under Sub-sections 10.12.18 to10.12.21, inclusive.
10.12.24 The matter tabled shall not be considered again by the Council, GPA or
Special Committee until a motion has been made to lift from the table the
tabled matter at the same or a subsequent Meeting.
10.12.25 A matter tabled at a Meeting of the GPA or Special Committee may be lifted
from the table by Council.
10.12.26 A matter tabled at Council may not be lifted from the table at a meeting of
GPA of Special Committee.
10.12.27 A motion to lift a tabled matter from the table is not subject to debate or
amendment.
10.12.28 A motion that has been tabled at a previous Meeting cannot be lifted e#
from the table unless notice thereof is given in accordance with Sub-section
X7.11.
31
Motion to Divide
10.12.29 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
10.12.30 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 � 7.11, 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.
10.12.31 A motion to rescind is not in order when action has been taken on the order
of Council which it is impossible to revise. The part of an order of Council
which has not been acted upon, however, may be rescinded.
Reconsideration
10.12.32 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=42 7.11;
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.
Motion to Recess
10.12.33 A motion to recess shall provide for Council, GPA, or Special Committee to
take a short intermission within a Meeting which shall neither end the
32
Meeting nor destroy its continuity and after which, proceedings shall
immediately resume at the point where they were interrupted.
10.12.34 A motion to recess is not debatable, but is amendable as to the length of the
recess.
Motion to Adjourn
10.12.35 A motion to adjourn:
a) Shall always be in order except as provided by this Procedural
By-law;
b) Is not in order when a Member is speaking or during the verification
of a vote;
c) When resolved in the negative, cannot be made again until after
some intermediate proceedings shall have been completed by
Council, GPA or Special Committee, as the case may be;
d) Is not in order immediately following the 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.
10.12.36 A motion to proceed beyond the 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.
33
10.13.3 Every Member present at a Meeting, when a question is put, shall vote
thereon unless disqualified under the Municipal Conflict of Interest Act to
vote on the question.
10.13.4 Except where the Member is disqualified under the Municipal Conflict of
Interest Act from voting, if a Member does not vote when a question is put,
he or she shall be deemed to have voted in the negative.
10.13.5 A Member not in his or her seat when the question is called by the Chair is
not entitled to vote on that question.
10.13.6 Each Member has only one vote.
10.13.7 The vote required to pass a motion shall be a simple majority except as
otherwise provided by this Procedural By-law or by Statute.
10.13.8 The Chair shall announce the result of every vote.
Unrecorded Vote
10.13.9 The manner of determining the decision of the Council, GPA or a Special
Committee on a motion shall be at the discretion of the Chair and may be by
voice, show of hands, standing, or otherwise.
Recorded Vote
10.13.10 A Recorded Vote shall not be in order
at GPA or Special Committee meetings.
10.13.11 When a Recorded Vote is requested by a Member during a Council
Meeting, or is otherwise required, the Municipal Clerk shall record the name
and vote of every Member.
10.13.12 The order in which Members vote on recorded votes 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.
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, GPA or Special Committee without permission;
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b) Interrupt any speaker or action of the Members or any other person
addressing Council, GPA or Special Committee;
C) Speak out;
d) Clap;
e) Behave in a disorderly manner; or
f) Make any other noise or sound that proves disruptive to the conduct
of the meeting.
11. Implementation
11.1 By-laws 2011-016, 2011-031, 2011-110, 2011-120, 2012-011, 2012-016 are
hereby repealed.
11.2 This Procedural By-law shall come into full force and effect upon its
passage.
By-law passed in open session this day of , 2015.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk
ATTACHMENT#2
Ciffk REPORT CLD-006-15
Corporate Policy MMwll
Leading the Way
POLICY TYPE: Operational
SUBSECTION: Communication/Customer Service
POLICY TITLE: Proclamations
POLICY#: F9
POLICY APPROVED BY: Council
EFFECTIVE DATE: June 11, 2007
REVISED: February 23, 2015
APPLICABLE TO: All Employees
1. Purpose:
To ensure the appropriate criteria is in place when Council receives a request to
issue a proclamation.
2. Policy:
a) Requests for Proclamations shall be approved for:
• Charitable fundraising campaigns
• Public awareness campaigns
• Arts and cultural celebrations
• Special Honours
b) Requests for Proclamations shall not be approved for:
• Matters of political controversy, religious beliefs or individual
conviction
• Events or organizations with no direct relationship to the Municipality
of Clarington
• Campaigns or events contrary to law, Municipal policies or by-laws
• Campaigns intended for profit-making purposes
3. Procedures:
Upon receipt of a request for a proclamation/tag days the request well be place „n
the request shall be forwarded to the Mayor's Office
for consideration. Council's administrative staff shall advise the requester of the
decision and shall copy the response and a copy of the original correspondence to
the Communications Officer and the Customer Service desk staff.
An organization does not have exclusive rights to the day, week or month of their
proclamation
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Corporate Policy Leading the Way
This Policy does not apply to requests for tag days, which are handled
administratively through the Clerk's Department. tag days will net be approved fe
more than ptwrn for the same date
4. Appendices:
None
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ATTACHMENT#3
TO REPORT CLD-006-15
Council Communications Policy
Draft
1. Purpose:
To streamline and implement accountability, efficiency and consistency into the process
of correspondence that is received by the Municipality of Clarington and subsequently
considered by staff, a Standing Committee and/or Council. The intent to standardize
and expedite the processing and circulation of correspondence received by the Clerk's
Department, and to narrow the scope of correspondence considered by Council to
matters within the jurisdiction of Council and of relevance to Clarington.
2. Definitions
2.1 CAO - Chief Administrative Officer for the Municipality of Clarington.
2.2 Correspondence - written communication directed to the Mayor and Members of
Council or to the Municipality of Clarington, which is received by the Clerk's
Department, either by fax, in letter form, in memo form or by email. The word
"communication" shall be used interchangeably.
2.3 GPA - General Purpose and Administration Committee of the Municipality of
Clarington.
2.4 Proclamation - an official declaration or announcement. Usually to declare a
period of time as having special significance.
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3. General
3.1 All correspondence forwarded by the Clerk's Department to be disseminated to j
Council individually or collectively, shall be distributed on a regular basis, and will
not be placed on the agenda; except as otherwise provided for in Sections 3.2.
and 3.3 below. Correspondence will also be disseminated to the appropriate
department(s). In cases where the original is too voluminous or where it would
be impractical due to format, the Municipal Clerk may distribute the
communication item in an alternative format.
3.2 Notwithstanding 3.1, the following correspondence shall be included on the
Council Agenda:
• Correspondence pertaining to a matter before Council shall be included on
the Council Agenda.
• Correspondence from an Agency, Organization or Government requiring
Council to act, where deemed necessary and appropriate by the Clerk.
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Correspondence shall be included in its entirety on the Council Agenda unless it
is impractical to do so and shall be included in a manner as determined by the
Municipal Clerk. Communication in its entirety will be available to view on the
Municipality's website, and as such notice shall be posted on the Municipal
Website advising that their correspondence in its entirety (including name,
address, email address, phone number, etc.) will become public record.
3.3 Where a Member of Council wishes to introduce a motion regarding a matter
which may have been brought to their attention by way of written communication,
they may, by 4:15 PM the Friday preceding the commencement of the GPA
Committee meeting, request the Municipal Clerk to have the matter added to the
General Purpose and Administration Committee meeting.
4. Common / Specific Correspondence Items
4.1 Proclamation Requests
4.1.1 In accordance with Policy F9 and delegated authority to Mayor (Resolution: C-
????? not yet done), requests for Proclamations are forwarded to the Mayor for
a decision. Council's administrative staff shall advise the requester of the
decision and shall copy the response and a copy of the original correspondence
to the Communications Officer and the Customer Service desk.
OR if resolution is not passed by new council to delegate to Mayor
4.1.2 After having been proclaimed by Council, the request for proclamation shall be
forwarded, by the Municipal Clerk, to the following:
• Communications Officer
• Customer Service desk
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• Each Member of Council through their administrative staff.
4.2 Requests for Support of Resolutions from Other Municipalities
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4.2.1 The Municipal Clerk shall forward the requests for endorsements of resolutions of
other municipalities to:
• All Department Administrative Assistants for consideration by their
Department
• Each Member of Council through their administrative staff.
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4.2.2 Should the CAO or a Department Head determine that the resolution should be
endorsed, the Department Head shall discuss the matter with their respective
Council Liaison to ensure that the appropriate motion is introduced at GPA.
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4.2.3 Should a Member of Council determine that the resolution should be endorsed,
the Member of Council shall, by 4:15 PM the Friday preceding the j
commencement of the GPA Committee meeting, request the Municipal Clerk to
have the matter added to the General Purpose and Administration Committee
meeting such that the Member may introduce the appropriate motion at GPA.
4.3 Requests for Special Events
4.3.1 Council has delegated approval authority to staff for Special Events on Municipal
Roads, on private property and on Municipal property by by-law. In accordance
with this delegated authority, the Municipal Clerk shall forward the requests as
follows:
Request Type Forwarded to Approval Authority
Special Event on a Traffic Coordinator Director of
Municipal Road Engineering
Services
Special Event on Private Manager, Municipal Law Municipal Clerk
Property Enforcement
Special Event on Municipal Director of Operations Director of
Property Operations
4.3.2 Upon approval of the Event, the Approval Authority shall notify the following
people that the Special Event permit has been issued:
• CAO
• all Department Heads
• Communications Officer
• all Members of Council
4.4 Communication Blasts/Notices from AMO/FCM
4.4.1 All communication blasts/notices from AMO shall be forwarded, by the Municipal
Clerk, to:
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• All Department Administrative Assistants for consideration by their
Department
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• Each Member of Council through their administrative staff.
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4.5 Requests for Nominations for Awards
4.5.1 All requests for nominations for awards shall be forwarded, by the Municipal
Clerk, to:
• All Department Administrative Assistants for consideration by their
Department f
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• Each Member of Council for consideration through their administrative
staff
• Communications Officer to be posted on the Municipal Website.
4.6 Correspondence not pertaining to a matter on the Council or GPA Agenda
4.6.1 Correspondence received by the Clerk's Department addressed to the
Corporation, the Mayor's Office, or Council that is not pertaining to a matter that
is scheduled to be on the next Council Meeting Agenda, shall be sent
electronically to:
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• All Department Administrative Assistants for consideration by their
Department
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• Each Member of Council for consideration their administrative staff.
4.7 Correspondence pertaining to a matter on the GPA Agenda
4.7.1 Correspondence received by the Clerk's Department addressed to the
Corporation, the Mayor's Office, or Council that is pertaining to a matter that is
scheduled to be on the next GPA Meeting Agenda, shall be sent electronically to:
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• All Department Administrative Assistants for consideration by their E
Department
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• Shall be included in the Agenda package for the meeting
4.8 Correspondence pertaining to a matter on the Council Agenda f
4.8.1 Correspondence received by the Clerk's Department addressed to the
Corporation, the Mayor's Office, or Council that is pertaining to a matter that is
scheduled to be on the next Council Meeting Agenda, shall be sent electronically
to.
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• All Department Administrative Assistants for consideration by their
Department
• Shall be included in the Agenda package for the meeting
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4.9 Circulation of Council Position
4.9.1 Where Council deems it appropriate to circulate resolutions to other
municipalities advising of Council's position, the resolution shall be circulated to
the Association of Municipalities of Ontario (AMO) or the Federation of Canadian
Municipalities (FCM) instead of the individual municipalities.
4.10 Advisory Boards and Committees - Minutes
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4.10.1 Minutes from Clarington Advisory Boards and Committees shall be included in
the next Council Agenda following receive of the minutes and shall be considered
by Council during the "Committee Reports" section of the agenda.
4.10.2 Minutes from external advisory boards and committees (ie. those not "reporting
to Council") shall be forwarded by the Municipal Clerk to:
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• Each Member of Council through their administrative staff
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