2978 Procedural By-Law 2978Ir
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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
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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
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12.1
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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
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3.0
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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.
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4.4
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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)
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NOTE:
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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.
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5.1
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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,
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(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.
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7.4
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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.
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7.7
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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.
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7.10
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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.
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8.0
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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.
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9.3
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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.
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11,0
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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.
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11.6
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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.
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12.0
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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