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2978 Procedural By-Law 2978Ir f TOWN OF TILLSONBURG PROCEDURAL BY-LAW 2978 Town of Tillsonburg Procedural By -Law 2978 Table Of Contents 1.0 SHORT TITLE................................................................................................................1 2.0 DEFINITIONS.................................................................................................................1 3.0 GENERAL PROVISIONS..............................................................................................2 3.1 Suspension of the Rules of Procedure............................................................................ 2 3.2 Questions of Procedure Not Provided For....................................................................2 4.0 COUNCIL AND COMMITTEE MEETINGS..............................................................2 4.1 Frequency &Place........................................................................................................ 2 4.2 Curfew............................................................................................................................2 4.3 Statutory or Declared Public Holiday........................................................................... 2 4.4 Special Meetings............................................................................................................3 4.5 Notice o S ecial Meeting 3 4.6 Council &Committee Meetings Open to the Public......................................................3 4.7 Closed Meetings.............................................................................................................3 4.8 Closed Meetings, How Called........................................................................................4 4.9 Closed Meetings, Taking of a Vote................................................................................ 4 4.10 Emergency Meeting of Council...................................................................................... 4 4.11 First Meeting -Council Elect........................................................................................ 4 5.0 ORDER OF PROCEEDINGS OF COUNCIL AND COMMITTEES .......................4 5.1 Quorum.......................................................................................................................... S 5.2 Absence of Presiding Officer.........................................................................................5 6.0 DUTIES OF PRESIDING OFFICER...********** 0000 5 7.0 AGENDAS FOR COUNCIL &COMMITTEE OF THE WHOLE ...........................6 7.1 Council Agenda.............................................................................................................. 6 7.2 Call to Order.................................................................................................................. 6 7.3 Minutes &Business Arising out of the Minutes............................................................. 6 7.4 Public Meetings............................................................................................................. 7 7.5 Delegations.................................................................................................................... 7 By-law No. 2978 -3- 7.6 Information Items........................................................................................................... 7 7.7 Correspondence, Reports and Communications............................................................8 7.8 Unfinished Business.......................................................................................................8 7.9 Notice of Motion............................................................................................................ 8 7.10 Items of Interest.............................................................................................................. 9 7.11 By-laws...........................................................................................................................9 7.12 Adjournment...................................................................................................................9 8.0 COMMITTEES.............................................................................................................10 8.1 Appointment of Council Members...............................................................................10 8.2 Advisory & Ad Hoc' Committees: .............................................................................. 10 8.3 Appointment of Non -Council Members.......................................................................10 8.4 Structure.......................................................................................................................11 9.0 RULES OF DEBATE IN COUNCIL...........................................................................11 9.1 General Rules...............................................................................................................11 9.2 Recognition by Presiding Officer.................................................................................11 9.3 Speaking on a Matter...................................................................................................12 10.0 POINTS OR ORDER AND PRIVILEGE...................................................................1 Z 10.1 Conduct of Members of Council..................................................................................12 11.0 RESOLUTIONS/MOTIONS........................................................................................13 11.1 Ultra Vires Resolutions/Motions.................................................................................13 11.2 Withdrawal...................................................................................................................13 11.3 Priority Of Disposition................................................................................................13 11.4 Reference To Committee..............................................................................................13 11.5 Amendments.................................................................................................................13 11.6 The Previous Question.................................................................................................14 11.7 Motion To Adjourn.......................................................................................................14 11.8 Privilege.......................................................................................................................14 11.9 Motion To Refer...........................................................................................................14 11.10 Motion To Divide.....................................................................................................14 11.11 Reconsideration.......................................................................................................14 12.0 VOTING ON MOTIONS..............................................................................................15 By-law No. 2978 -4- 12.1 4- 12.1 Questions Stated........................................................................................................... 15 12.2 No Interruption After Question.................................................................................... 15 12.3 Division Of A Question................................................................................................1 S 12.4 Vote Not Allowed.........................................................................................................1 S 12.5 Unrecorded Vote..........................................................................................................1 S 12.6 Recorded Vote.............................................................................................................. 15 12.7 Tie Vote........................................................................................................................15 13.0 AMENDMENT OR REPEAL OF THIS BY-LAW....................................................16 14.0 FORCE AND EFFECT OF THIS BY-LAW...............................................................16 15.0 REPEAL OF BY-LAW NO. 2661 ................................................................................16 THE CORPORATION OF THE TOWN OF TILLSONBURG BY-LAW NO. 2978 BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL AND COMMITTEES WHEREAS, pursuant to the provisions of Section 55 of the Municipal Act, as amended, every Council and local board shall adopt a procedure by-law for governing the calling, place and proceedings of meetings. THEREFORE THE COUNCIL OF THE TOWN OF TILLSONBURG ENACTS AS FOLLOWS: 1.0 SHORT TITLE This By-law shall be known as and referred to as the "Town of Tillsonburg Procedural By-law". 2.0 DEFINITIONS In this by-law (a) Clerk means the Clerk of the Corporation of the Town of Tillsonburg; (b) Council means the Council of the Corporation of the Town of Tillsonburg; (c) Committee, Other means an `ad hoc' or advisory committee, appointed by Council, and having as its membership, persons that may or may not be members of Council, in whole or in part, and its purpose being as mandated by Council in its formation and establishment; (d) Committee of the Whole means the entire Council membership present and sitting in committee; (e) Committee Chairperson means the Chairperson of a Standing or Special Committee of, or appointed by, Council; (f) Deputy Mayor means the member of Council appointed to act on behalf of the Mayor in his/her absence; (g) Ma or means the Head of Council; (h) Meetin means any regular, special, committee or other meeting of Council or a committee thereof; (i) Recorded Vote means the recording of the name and the vote of every member present voting on any matter or question; (j) Rules of Procedure means the rules and regulations set forth herein; (k) Substantive Motion means any motion except one of the following: (i) to refer; to amend; (iii) to lay on the table (table); (iv) to postpone indefinitely or to a certain day; (v) to adjourn By-law No. 2978 -2- 3.0 2- 3.0 GENERAL PROVISIONS The rules and regulations in this by-law shall be observed in all proceedings of the Council unless otherwise provided for, and with the necessary modifications, the committees of Council, and shall be the rules and regulations for the order and conduct of business. 3.1 Suspension of the Rules of Procedure The rules and regulations in this by-law may be suspended by a two-thirds majority vote of the Members present, unless such rule or regulation is necessary to conform to Provincial legislation. 3.2 Questions of Procedure Not Provided For In any case or instance of procedure not provided for in this by-law, Roberts Rules Of Order (Procedure), shall be followed, as near as is practicable. 4.0 COUNCIL AND COMMITTEE MEETINGS 4.1 Frequency & Place The Town Council shall meet the second and fourth Monday of the month at 5:30 p.m. All meetings are to be held in the Council Chamber at the Corporate Office unless Council by resolution directs otherwise, in which case a notice shall be posted in the Corporate Office advising of the time and place. 4.2 Curfew Meetings commencing at 5:30 p.m. shall have a curfew of 10:30 p.m., however, with a simple majority vote of Council curfew may be extended. 4.3 Statutory or Declared Public Holiday Where the regularly scheduled meeting of Council falls on a statutory or declared public holiday, the meeting shall be held the next regular working day unless otherwise provided for by resolution of Council. By-law No. 2978 -3- 4.4 3- 4.4 Special Meetings In addition to regular meetings, special meetings of Council may be called by: (a) a two-thirds vote made by the members present at the last regular meeting; (b) at the call of the Mayor with notice given to all other members not less than forty- eight (48) hours prior to the convening of such special meeting. The foregoing notwithstanding, upon receipt of a petition signed by the majority of the members of Council, the Clerk shall summon a special meeting for the purpose and at the time and place mentioned in the petition. Subject matter for discussion and debate at a special meeting shall only be that stated in the Notice, or Petition, and no other business may be considered or discussed except with the unanimous consent, by recorded vote, of all members present. 4.5 Notice of Special Meeting Pursuant to Clause 4(4) herein, the Clerk shall give to all Members of Council written notice of each special meeting of the Council and such notice shall be delivered to each member, not less than forty-eight (48) hours before the hour set for such meeting. The Notice shall state the business to be considered at the special meeting. 4.6 Council & Committee Meetings Open to the Public Except as otherwise provided for herein, all meetings of Council or a committee thereof shall be open to the public. 4.7 Closed Meetings Subject to Clause 4.6, meetings of Council or committees thereof may be closed to the public if the subject matter being considered is: (a) the security of the property of the municipality or local board; (b) personal matters about an identifiable individual, including municipal or local board employees; (c) a proposed or pending acquisition of land for municipal or local board purposes; (d) labour relations or employee negotiations; (e) litigation or potential litigation, including matters before an administrative tribunal, affecting the local municipality or local board; (f) the receiving of advice that is subject to solicitor -client privilege, including communications necessary for that purpose; (g) a matter in respect of which a Council, board, committee or other body has authorized a meeting to be closed under another Act; (Section 55(5)of the Municipal Act, as amended) By-law No. 2978 -4- NOTE: 4 - NOTE: A meeting shall be closed to the public if the matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council, board, commission or other body is designated as head of the institution for the purposes of the Act. 4.8 Closed Meetings, How Called Council or committee shall state by resolution: (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 or part thereof. 4.9 Closed Meetings, Taking of a Vote Despite subsection 61(2) of the Act, a meeting of Council or committee maybe closed to the public during a vote if, subsection (5) or (6) permits or requires a meeting to be closed to the public; and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under contract with the municipality. 4.10 Emergency Meeting of Council Despite Clause 4(4), where an emergency situation arises having a potential for serious or grave consequences for the municipality or its inhabitants, the Mayor may issue a call for the immediate assembling of the members of Council into an emergency session. The meeting shall be held at the time and place specified by the Mayor. In the absence of the Mayor and under emergency conditions, the Clerk shall be similarly so empowered. 4.11 First Meeting - Council Elect The first meeting of a Council -elect shall be held on the first Monday of December following municipal elections. Such meeting shall convene at 7:00 p.m. in the Council Chamber at the Corporate Office. The Clerk shall convene the meeting and administer the Oaths of Office and Allegiance, and after all members present have been sworn, turn the proceedings over to the Mayor. 5.0 ORDER OF PROCEEDINGS OF COUNCIL AND COMMITTEES The Presiding Officer shall call the members to order at the time the meeting is scheduled to start. By-law No. 2978 -5- 5.1 5- 5.1 Quorum The definition of a quorum shall be consistent with the definition contained in the Municipal Act and is a majority of the members of Council or committee not prevented from voting by having a pecuniary interest under any Act. If no quorum is present one half hour after the time appointed for a meeting of Council, the Clerk shall record the names of the Members present and the meeting shall stand adjourned until the day of the next regular or special meeting. 5.2 Absence of Presiding Officer Subject to the provisions of any other Act to the contrary, where the Mayor does not attend at the time appointed for the meeting of Council or committee, the Deputy Mayor shall assume the Chair or, in his/her absence, the Clerk shall call the Members to order and the Council members, by resolution, shall appoint a presiding officer from among themselves, and he or she has the same authority as the absent person would have had if present. 6.0 DUTIES OF PRESIDING OFFICER It shall be the duty of the Presiding Officer, (a) to open the meeting by taking the chair and calling the members to order, (b) to announce the business in the order in which it is to be acted upon, (c) to receive and submit, in the proper manner all motions presented by the members, (d) to put to vote all questions which are moved and seconded, or necessarily arise in the course of proceedings, and to announce the result by noting whether motions were "Carried", "Carried Unanimously" or "Lost", (e) to decline to put to vote motions which infringe the rules or procedure, (f) to restrain the members, within the rules of order, when engaged in debate, (g) to enforce on all occasions the observance of order and decorum among the members, (h) to call by name any member persisting in breach of the rules of order, thereby ordering him/her to vacate the meeting place, (i) to receive all messages and other communications and announce them, 0) to authenticate, by his/her signature when necessary, all by-laws, resolutions, and minutes, (k) to inform, when necessary or when referred to for the purpose on a point of order or usage, (1) to represent and support the Council or committee, declaring its will, and implicitly obeying its decisions in all things, (m) to ensure that the decisions of Council or committee are in conformity with the laws and by-laws governing the activities, (n) to name the member entitled to speak first when more than one member wishes to address the chair at the same time, By-law No. 2978 -6- (o) to adjourn the meeting without question put in the case of grave disorder arising in the Council Chamber. 7.0 AGENDAS FOR COUNCIL &COMMITTEE OF THE WHOLE 7.1 Council Agenda Unless circumstances and subject matter dictate otherwise, the order of procedure for regular meetings of Council shall generally be as follows: 1. Call to Order 2. Closed Meeting Session 3. Disclosure of Pecuniary Interest or the General Nature Thereof 4. Minutes & Business Arising out of the Minutes 5. Adoption of Agenda 6. Public Meetings 7. Delegations 8. Community Services 9. Operations 10. Corporate Services 11. Information Items — including pending submissions for delegations 12. Items of Public Interest 13. By-laws 14. Closed Meeting Session continued 15. Committee of the Whole Report 16. Adjournment 7.2 Call to Order As soon after the hour fixed for the meeting as there is a quorum present, the Presiding Officer shall call the members to order and the Clerk shall record the names of members in attendance. 7.3 Minutes & Business Arising out of the Minutes A copy of the minutes of each meeting of Council shall be made available to each member of Council with regular agenda at least 48 hours prior to the next regular meeting. In the event that corrections are considered to be in order for the minutes of the previous meeting(s), it shall be considered appropriate to adopt the minutes as amended. Upon the adoption of the minutes during the public portion of the meeting and as provided elsewhere in the by-law, they shall be signed by the Presiding Officer and by the Clerk. By-law No. 2978 -7- 7.4 7- 7.4 Public Meetings Meetings of Council or the Committee shall be adjourned for the holding of statutory meetings required under the Planning Act. Planning reports and drainage reports shall be circulated to the members with the regular agenda at least 48 hours prior to the meeting where the item is to be considered. 7.5 Delegations Any Individual or group wishing to present information to Council shall advise the Clerk by 4:30 p.m. on the Wednesday prior to the regular meeting of Council or Committee stating the purpose of the delegation and providing a specific detailed outline of the subject matter or presentation. The request shall state the nature of the business including specific detailed information to allow Council, through staff, time to research the matter prior to the meeting at which the person wishes to be heard. If the Clerk is not satisfied that sufficient information has been provided to allow Council to make an informed decision, the individual or group shall be informed that further information is required. The appointment with Council will be postponed until such time as the necessary information is provided. An individual heard by Council shall be limited in speaking to not more than fifteen (15) minutes except that a delegation consisting of more than three (3) persons shall be limited to not more than twenty (20) minutes. Under extenuating circumstances, speaking times may be extended by leave of Council. Notwithstanding the provisions of Section 7.13, the Council or Committee may, at their sole discretion via a resolution, entertain delegations with less notice. In the event that the subject brought to Council or Committee by a delegation is also dealt with in another item listed on the Agenda, the item may be brought forward for discussion along with the consideration of the delegation item. Council shall be advised of any pending request for delegation. 7.6 Information Items Items appearing not to require action of Council or Committee may be placed on the agenda as an information item. The Clerk, depending the nature of the item, may decide the item shall only be listed on the agenda and not copied and sent out with the agenda. Should Council wish to take action on an Information Item, the Mayor shall ask for a resolution, duly moved and seconded, to remove the item from the Information Item section and place in the appropriate section of the agenda. By-law No. 2978 -8- 7.7 8- 7.7 Correspondence & Reports Correspondence, reports, petitions and communications intended to be presented to Council shall be legibly written or printed on paper, or provided in an electronic format compatible with the Town's computer system. Correspondence, memorandums, petitions and communications must be signed, anonymous items will not be presented to Council. Correspondence, reports, petitions and communications shall be deposited with the Clerk by 4:30 p.m. on the Wednesday prior to the regular meeting of Council. All correspondence, reports, petitions and communications received after 4:30 p.m. on the Wednesday preceding the meeting shall be given to the Mayor and, if of an urgent nature, it shall be brought before Council and considered, if approved by a resolution of Council. All departmental and staff memorandums shall be in the approved format and signed by the department head or designate, and be submitted through the CAO. All reports of a committee or board shall be in written format and shall contain the recommendations for the consideration of Council. Minutes from the committee or board shall accompany the report for the information of Council. Minutes or Committee meetings yielding no recommendations to Council shall be submitted for Council information only. 7.8 Unfinished Business The items listed in the order of the topics set out in the agenda of prior meetings which have not been disposed of by Council or Committee and the date of their first appearance on the agenda shall be noted and repeated for 2 months, and unless the item is disposed of by Council the item shall be removed from the agenda subject to notice being given at the 2nd last meeting prior to 2 month deadline. 7.9 Notice of Motion Members of Council may submit any item of new business for the consideration by Council. All new motions shall be given to the Clerk prior to the date of the meeting at which a motion is to be introduced and a motion shall be listed on the agenda for that meeting the motion is considered or otherwise disposed of. The motion shall be submitted to the Clerk in writing over the signature of the mover and seconder and shall be complete and correct. Council may consider any notice of motion at a meeting it is considered if 2/3 of the members present, consent to considering the notice of motion. When a member's notice of motion has been called from the Chair two successive meetings and not proceeded with, it shall be dropped from the agenda unless Council otherwise decides. By-law No. 2978 -9- 7.10 9- 7.10 Items of Interest Members of Council and Senior Management may present at this time an address on any subject pertaining to other business of Council and matters of community interest. No member submitting such an address, without leave, shall address the Council for a length of time in excess of five (5) minutes. 7.11 By-laws A copy or an explanation of every by-law shall be listed or circulated with the Council agenda. Every by-law shall be introduced with one motion by a member of Council, specifying the number of each by-law. If a member has declared a pecuniary interest on a matter or previously requested that the matter be considered separately, the by-law shall be presented by separate motion. Every by-law shall be given three readings previous to its being passed, save and except for by-laws processed pursuant to subsection 45(1) of The Drainage Act, R.S.O. 1990. The first and second reading of a by-law shall be decided at one time when introduced in accordance with Section 7.34. After second reading, a by-law may be referred to committee for further study and revision upon majority vote of the Members present at the meeting. If Council so determines, a by-law may be taken as read, being deemed to have been given three readings and passed. Each by-law shall be endorsed with the signatures of the Mayor and the Clerk, have the Corporate Seal affixed thereto, and shall have the date of each respective reading noted thereon and shall be consecutively numbered and catalogued. 7.12 Adjournment At this time in the meeting, a standard motion to adjourn shall be in order at the request of the Chair. By-law No. 2978 -to- 8.0 10- 8.0 COMMITTEES 8.1 Appointment of Council Members At the first sitting of the Council -elect, or as soon thereafter as may be practical, each member of Council shall indicate in writing his or her preferences for appointments to "ad hoc" (advisory) Committees. A Striking Committee, comprised of the Mayor, Deputy Mayor and Clerk, shall then take these preferences into consideration and shall fairly and as impartially as possible recommend the respective committee memberships to Council at its next regular meeting. Such appointments to committee shall be for the term of Council unless otherwise agreed to by the majority of the members of Council. 8.2 Advisory & `Ad Hoc' Committees: Council may appoint, from time to time, special purpose committees to act in an advisory capacity providing visionary advice to Council and Staff. These committees may be provided with a specific mandate, otherwise will provide advice through participation in the content of the Business Plan presented to Council for consideration on an annual basis. 8.3 Appointment of Non -Council Members Non -Council membership on any `ad hoc' or advisory committee or board shall, unless otherwise provided for, be determined and made by one of the following procedures: (a) recommendation to Council; (b) solicitation for applications; (c) such other manner deemed appropriate with final approval as made by Council By-law No. 2978 8.4 Structure All committees shall consist of the following executive structure: (a) Chairperson (b) Vice -Chairperson (c) Recording Secretary. Unless otherwise provided for, all committee executive members shall be sitting members of the respective committee. The Mayor shall sit "ex officio" on all Committees of the Town. where applicable, employees and staff members may be requested, from time to time, to serve the committees in a resource and advisory role. 9.0 RULES OF DEBATE IN COUNCIL 9.1 General Rules The Presiding Officer, shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the meeting. A member shall not: (a) disturb the Council by any disorderly deportment; (b) use profane or offensive words or insulting expressions; (c) disobey the rules of the Council or Committee, a decision of the Presiding Officer, or the Council, on points of order or on the implementation of the rules of procedure of the Council; (d) leave his/her seat or make any noise or disturbance while another member is speaking or while a vote is being taken or until the result of the vote is declared; (e) interrupt a member who is speaking, except to raise a point of order or a question of privilege. 9.2 Recognition by Presiding Officer Prior to speaking on any question, every member shall first raise his/her hand for recognition by the presiding officer and, upon such being given, shall engage his/her microphone and address the presiding officer. when two or more Members rise to speak, the Presiding Officer shall designate the Member who has the floor, being the Member who, in the opinion of the Presiding Officer, rose first. 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. By-law No. 2978 -12- 9.3 12- 9.3 Speaking on a Matter Any member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a member while speaking. Members are encouraged to only speak once to the same question and no member, without leave of the Council, shall speak to the same question, or in reply, for longer than ten minutes. A member may ask a question only for the purpose of obtaining information relating to the matter under discussion and such question must be stated concisely and asked only of the previous speaker. Notwithstanding Section 9.2, when a member has been recognized as the next speaker, then immediately before speaking such member may ask a question of the presiding officer or an official of the Town on the matter under discussion but only for the purpose of obtaining information, following which the member shall speak. In all unprovided cases in the proceedings of the Council or in the Committee of the Whole, the matter shall be decided by the Presiding Officer, subject to an appeal to the Council upon a point of order. 10.0 POINTS OR ORDER AND PRIVILEGE The Presiding Officer shall preserve order and decide questions of order. The Council, if appealed to, shall decide the question without debate and its decision shall be final. 10.1 Conduct of Members of Council No member shall: (a) use offensive words or unparliamentary language in or against the Council or against any member; (b) speak on any subject other than the subject in debate; (c) criticize any decision of the Council except for the purpose of moving that the question be reconsidered; (d) disobey the rules of the Council or a decision of the presiding officer or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. In the case a member persists in any such disobedience after having been called to order by the Presiding Officer, the Presiding Officer may put forth the question that such member be ordered to leave his/her seat for the duration of the meeting of the Council. When the Chair is putting the question no member shall leave or make a disturbance. By-law No. 2978 -13- 11,0 13- 11.0 RESOLUTIONS/MOTIONS All substantive motions and resolutions shall be submitted in the positive in writing to the Chair and shall be read before debate. 11.1 Ultra Vires Resolutions/Motions A motion or resolution in respect to a matter which is ultra vires of the jurisdiction of Council shall not be in order nor shall it be debated or voted upon. 11.2 Withdrawal After a motion or resolution is read, or stated by the Presiding Officer, it shall be deemed to be in possession of the Council but may, with the permission of Council, be withdrawn at any time before being amended or voted on. 11.3 Priority Of Disposition A motion properly put before the Council for decision must receive disposition before any other motion or resolution can be received except motions to amend. 11.4 Reference To Committee A motion to refer a matter under discussion by the Council to a Committee shall preclude all amendments of the main question until it is decided. 11.5 Amendments A motion or resolution to amend: (a) may be verbal or presented in writing; (b) shall receive disposition of Council before a previous amendment or the question; (c) only one motion to amend an amendment shall be put; any further amendment must be to the main question; (d) shall be relevant to the question to be received; (e) shall not be received proposing a direct negative to the question; (f) may contain a separate and distinct disposition of a question; (g) shall be put in the reverse order to that in which it is moved. By-law No. 2978 -14- 11.6 14- 11.6 The Previous Question A motion for the previous question: (a) cannot be amended; (b) cannot be proposed when there is an amendment under consideration; (c) when resolved in the affirmative, requires that the question be put forward without debate or amendment; (d) can only be moved in the following words - "That the question be now put"; and (e) may be voted against by the mover and seconder. 11.7 Motion To Adjourn A motion to Adjourn shall always be in order except as provided in this Rule: (a) when resolved in the negative, it cannot be made again until after some intermediate proceedings shall have been completed by Council; (b) isnot in order when a Member is speaking or during the verification of a vote; (c) isnot in order immediately following the affirmative resolution of a motion for the previous question; (d) when a member has already indicated to the Presiding Officer that he/she desires to speak on the question. 11.8 Privilege A question on a matter of privilege shall receive disposition of the Presiding Officer forthwith upon receipt and when settled, the question so interrupted shall be resumed to the point where it was suspended. 11.9 Motion To Refer A motion to refer or refer back a question to Committee with or without instructions may be amended but must receive disposition by Council before the question, or an amendment to the question. 11.10 Motion To Divide A Report or Motion containing distinct proposals may be divided and separated by leave of Council and any item divided and separated shall be considered as a separate question. 11.11 Reconsideration After any question, except one of indefinite postponement, has been decided, any member who voted in the majority may, at the same or a subsequent meeting, move for a reconsideration thereof, but no discussion of the main question shall be allowed unless the motion to reconsider is approved by a majority of the members present; nor shall any question be reconsidered more than once. By-law No. 2978 -15- 12.0 15- 12.0 VOTING ON MOTIONS 12.1 Questions Stated Immediately preceding the taking of the vote, the Presiding Officer may state the question in the form introduced and shall do so if required by a Member. 12.2 No Interruption After Question After a question is finally put by the Presiding Officer, 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. 12.3 Division Of A Question A separate vote shall be taken upon each proposal divided and separated from the main question by leave of Council. 12.4 Vote Not Allowed A member not present when the question is put shall not be entitled vote on that question. 12.5 Unrecorded Vote The manner of determining the decision of the Council on a motion or question shall be at the discretion of the Presiding Officer and may be by voice, show of hands, standing or otherwise. 12.6 Recorded Vote Any Member present when the question was stated may ask for a recorded vote. Each Member of Council shall vote on a ballot provided by the Clerk which shall disclose the vote of the member and which shall be read aloud by the Clerk and recorded following voting of all members. 12.7 Tie Vote A tie vote shall be deemed to be negative and thus defeated and lost. By-law No. 2978 -16- 13.0 AMENDMENT OR REPEAL OF THIS BY-LAW This By-law is not to be amended or repealed except by a majority of all Members of Council present at a regularly scheduled meeting. No amendment or repeal of this By-law is to be considered at any meeting of the Council unless notice of the proposed amendment or repeal was given at a previous regular meeting of the Council and the Council may not waive such notice. 14.0 FORCE AND EFFECT OF THIS BY-LAW The provisions of this by-law shall take full force and effect on the date of passing thereof and shall so remain in effect until either amended or repealed. 15.0 REPEAL OF BY-LAW NO, 26619 29079 29169 2947 AND 2915 That By-law No. 2661 (Procedural By-law), 2907 (Museum Advisory Committee), 2916 (Recreation Advisory Committee), 2947 (Cemetery Advisory Committee) and 2915 (Transit Advisory Committee) are hereby repealed in their entirety. READ A FIRST AND SECOND TIME THIS 30" day of July, 2001. READ A THIRD TIME AND FINALLY PASSED THIS 13th day of August, 2001. MAYOR IRV HORTON P % CAO/ LERK A DAVID MORRIS