3416 To govern the proceedings of council and comitteesPage 1 of 18
TOWN OF TI LSONBURG
PROCEDURAL BYI.,Aw 341
Town of Tillsonburg
Procedural By -Law 3416
Table of Contents
1.0 SHORT TITLE
2.0 DEFINITIONS
3.0 GENERAL PROVISIONS
Page 2 of 18
4.0 COUNCIL MEETINGS
4.1 Place.............................................................................................................................6
4.2 Inaugural Meeting............................................................................................................. 7
4.3 Frequency........................................................................................................................7
4.4 Special CounciliWeetings............................................................................................... 7
4.5 Absence «f'Mavor and/or Deputy Mayor........................................................................ 7
4.6 No Quorum .......... ............................................................................................................ 7
4.7 Pecuniary Interest............................................................................................................ 7
4.8 Meeting L °ancellat ion....................................................................................................... 7
5.0 MAYOR........................................................................................................................................8
5.2 Duties o f Athe Mayor......................................................................................... 8
6.0 ROLE OF COUNCIL.................................................................................................................9
7.0 ORDER OF BUSI.NESS..............................................................................................................9
8.0 RULES OF CONDUCT OF MEMBERS...
9.0 RULES OF DEBATE IN COUNCIL..................................................................11
10.0 MOTIONS AND AMENDMENTS......................................................................12
10.1 Notice(s) of'Alotion....................................................................................12
10.2 Motion to be seconded
................................................................................12
10.3 Stating the Question...................................................................................12
10.4 Motion Ultra Vires.....................................................................................12
10. S Question on the Floor.................................................................................12
10.6 Previous Question ... ...
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 12..............................12
10.7 .Amendments ..............................................................................................12
10.8 Privileged Motion.....................................................................................13
10.9 Division of a Question
...............................................................................13
10.10 Motion to Adjourn..................................................................................13
10.11 Reconsideration ....................................................................................13
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11.0 VOTING ON :MOTIONS....................................................................................................14
12.0 BY-LAWS DELEGATIONS AND MINUTES...................................................................14
12.1 By -Lasts ......3.....................................................................................................14
14
12.2 Delegations and Presentations .............................................................................................
12.3 Allinute,s- ......... ,.........................................................................................................14
13.0 CLOSED SESSIONS..........................................................................................................................14
14.0 COMMITTEE OF THE WHOLE....................................................................................... 15
15.0 COMPOSITION AND DUTIES OF COMMITTEES AND ADVISORY BODIES .....16
15.1 Committees...........................................................................................16
15.2 Election ..............................................................................................16
15.3 Duties .... . ... _.........................................................................................16
15.4 Appointments to CYommittees....................................................................16
15.5 Q.........................................................................................17
15.6 Provisions .. a..........................................................................................17
15.7 (,order o f 'Busines-s...................................................................................17
15.8 Rules q f ' Conduct....................................................................................17
15.9 Rules qfDehate.....................................................................................17
15.10 Motions and Amendments ........................................................................17
1 S. I1 Decisions ..........................................................................................17
15.12 Secretary'. for (,"ommittees.........................................................................17
16.0 AMENDMENT OR REPEAL OF THIS BY-LAW....
17.0 LEGAL.....................................................................................................................................17
17.1 Wording .................................................................................................17
17.2 Torce and Ef feet......................................................................................17
17.3 Repeal....................................................................................................17
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THE CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 3416
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF
COUNCIL AND COMMITTEES
WHEREAS subsection 238(2) of the Municipal Act, 2001, S.O.2001, c. 25, as amended, (the
"Municipal Act') requires municipalities to pass a procedure by-law for governing the calling, place and
proceedings of meetings.-
WHEREAS
eetings
WHEREAS subsection 238(2.1) of the Municipal Act requires the procedure by-law to provide for
public notice of meetings;
WHEREAS it is necessary and expedient that there shall be rules governing the order and proceedings
of the Council and the Committees of the Council of The Corporation of the Town of Tillsonburg; and
WHEREAS Council desires that its governance processes and procedures facilitate, to the greatest extent
possible, the understanding and participation of its citizens in the effective conduct of the Corporation's
business;
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
2.1 "Act" means the Municipal Act, 2001 S,0- 2001,, Chapter 25, as amended from time to
time.
2.2 "Ad Hoc Committee" means a committee appointed by Council to review and report on a
specific issue. Once the final report is delivered and a resolution of the Council is adopted
concerning the specific issue, the Ad Hoc Committee is automatically dissolved. An Ad
Hoc Committee includes a special committee.
2.3 "Business day" means the days of the week in which the Council or Committee shall
conduct its business transactions and hold its meetings, excluding Saturday and Sunday or
statutory holidays.
2.4 "CAO" means the Chief Administrative Officer (CAO) of The Corporation of the Town
of Tillsonburg, or designate.
2.5 "Chair" means the 1 -lead of Council or the presiding officer of a meeting.
2.6 "Clerk" means the Clerk of The Corporation of the Town of Tillsonburg, or designate.
2.7 "Close debate" (call the question) means a motion requiring that debate be closed and the vote
on the motion be taken immediately.
2.8 "Closed Session" means a meeting of the Council or Committee that is not open to the public,
pursuant to Section 239 of the Act.
2.9 "Committee" means any advisory or other committee, subcommittee or similar entity of which at
least 50 per cent of the members are also members of the Council, pursuant to Section 238 of the
Act, but does not include any other committee or advisory committee established pursuant to any
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other Statute of the Province.
2.10 "Committee of the Whole" means all members present sitting in Council. The purpose of this
committee is to enable the Council to give detailed consideration to a matter under conditions of
freedom approximating that of a committee. When sitting as Committee of the Whole, the results
of votes taken are not final decisions of the Council, but have the status of recommendations
which the Council is given the opportunity to consider further and which it votes on finally under
its regular rules.
2.11 "Confidential matter" shall mean those items of business discussed in Closed Session.
2.12 "Council" means the elected members of the Town when they sit in deliberative assembly.
2.13 "Town" means the Town of Tillsonburg.2.14 "Confirming By-law" means a by-law passed
prior to adjournment of the last meeting of Council in a calendar year to confirm by by-law the
resolutions and actions of Council taken at that year.2.15 "Corporation" means The Corporation
of the Town of Tillsonburg (the Town).
2.16 "Council" means the Council of The Corporation of the Town of Tillsonburg.
2.17 "delegation" means a person or group of persons permitted to address Council or
Committee, individually or on behalf of a group, on any matter on the agenda for that meeting
in accordance with the provisions of this By-law.
2.18 ""ex -officio" means a Member of a Committee by reason of holding another position, who has
all the rights and privileges of a full Member.
2.19 "matter" includes any record, item, document or information, or the contents, or any part
thereof, as the context permits.
2.20 ""majority vote" means a vote where more than one-half (1/2) of the Members who are present
and eligible to vote, vote in the same manner.
2.21 "Mayor" means the Head of Council of The Corporation of the Town of Tillsonburg.
2.22 ""meeting" means a gathering of the Members where quorum is achieved and at which either
public business or public policy over which Council or Committee has jurisdiction or control
may be discussed or deliberated by the Members collectively and/or during which formal action
may be taken or recommended; or where training or education is provided exclusively to the
Members.
2.23 "Member"' means a candidate duly elected to hold office with the Town of Tillsonburg, pursuant to
the Municipal Elections Act. 1996. S.O. Chap. 32, as amended; or, a person appointed by the
Council to a Committee
2.24 ""motion" means a proposal by a Member to resolve and effect a
decision, and may include the motions outlined in Schedule A of this By-law.
2.25 '"notice of motion" means a motion in writing including a mover and seconder, which is
introduced at a Council meeting for consideration at the next regular meeting of Council,
thereby affording all Members with notice that the subject matter is to be addressed.
2.26 "pecuniary interest" means a direct or indirect monetary interest within the meaning of the
Municipal Con f l icl o f Interest Act.
2.27 "Personal Privilege" means a motion to Raise a Question of Privilege, of an urgent nature, that
affects a right or privilege of the Council, Committee or of an individual member.
2.28 "'point of privilege" means a statement calling attention to a matter where the integrity, character
or reputation of an individual, individuals or the entire Council, or the ability of an individual to
participate, is perceived to be in question.
2.29 "Point of order" means a statement made by a member during a meeting, drawing to the attention of
the Chair a breach of the rules of procedure.
2.30 ""presentation" means information presented to Council by an individual or group on an issue not
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requiring any action to be taken by Council.
2.31 "public hearing item" means any item for which a public meeting is required under the
?Municipal Act or the Planning Act, or any other statute or Town policy.
2.32 "Question" means a motion that has been placed before the Council or Committee by the statement
of the Chair. Only once duly stated by the Chair and "on the floor" can a motion be debated and put
to a question of the members for proper resolution (Question On the Floor).
2.33 "Quorum" means, in the case of Council, a majority of members representing at least one-half of the
members, pursuant to Section 237 of the Act. A quorum would be 4 members of Council. In the case
of a Committee of Council, a majority of the whole number of members of the Committee, including
the Chair.
2.34 "Rules of Procedure" means the rules and regulations provided in this By-law and, where necessary,
Robert's Rules of order (Newly Revised).
2.35 "Recorded vote" means a vote taken on a matter of business, whereupon the Clerk duly notes the
name of each member present and their vote in the minutes, as provided for in Section 246 of the
Act. Section 246(2) specifically notes that an abstaining member's vote, in the case of a recorded
vote, shall be deemed to be a negative vote.
2.36 "Secretary" means the person responsible for recording the Minutes of Council or Committee
meetings, the preparation of the agenda and the preparation of any resulting correspondence, as
delegated by the Clerk.
2.37 "record of meeting" means the minutes of the meeting which shall be kept in accordance
with the provisions of the Municipal Act.
2.38 "resolution" means the decision of Council on any motion or Committee
recommendation.
2.39 "Special Meeting" means a meeting (called under the provisions of this By-law) for a
specified purpose that is not a regularly scheduled meeting.
2.40 "suitable meeting place" means an accessible location that is large enough to accommodate
Council and reasonable public attendance.
2.41 "Substantive Motion" means any original main motion that introduces a substantive question as a new
subject for the consideration of the Council, except one of the following:
i} to refer;
11) to amend;
to lay on the table;
iv) to postpone indefinitely or to another day certain; or,
v) to adjourn.
2.42 "Written" when used in regards to notice to members of a meeting shall include the sending of an
electronic mail.
3. GENERAL PROVISIONS
3.1. The short title of this By-law is the "Procedure By-law."
3.2 The rules and regulations contained in this By-law shall be observed in all proceedings of the
Council and Committees appointed by Council. The rules and regulations contained herein that
are discretionary and not mandatory under Statute may be temporarily suspended by a majority
vote of two-thirds of the Council or Committee members present.
3.3 In respect to questions or concerns regarding these rules and regulations, the decision of the Chair
presiding shall be final, subject to only an appeal to the Council, pursuant to Section 4.2.3. In the
case of a conflict concerning the application of these rules, "Robert's Rules of Order (Newly
Revised)" may be consulted as an interpretative aid.
3.4 All meetings of" the Council of the Town of Tillsonburg and all meetings of the Committees of
Council shall be open for attendance by the public, except in the case of a Closed Session, as
noted in Section 1.2A.
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3.5 Committees may not pass a motion to suspend the rules of this By-law.
3.6 Any erroneous contraventions to this By-law during a meeting shall not invalidate the
proceedings of the meeting or establish a precedent for any future meeting.
4. COUNCIL MEETINGS
4.1 PLACE
'The meetings of the Council of the Town of Tillsonburg shall be held at the Council Chambers
adopted and used by the Council from time to time for such purpose, pursuant to Section 236 of
the Act In the case of an emergency, Council may hold its meetings and keep its public offices at
any convenient location within or outside the municipality.
4.2 INAU N/U�HTNG
The Inaugural Meeting of the municipal Council of the Town of Tillsonburg after a regular
election held pursuant to Sections 3, 4 and 5 of the Municipal Elections Act. S.O. 1996, Chap.
32, shall be held on the third Monday of November following Municipal Elections. Such
meeting shall convene at 7:00 o'clock in the evening. This Inaugural Meeting will be only for the
purposes of Filing of Certificates, presenting Declarations of Office, Oaths of Allegiance and
signing of Code of Conduct. After all members present have been sworn, the proceedings will
g g
turn over to the Mayor.
4.3 AR. CO NC IL GS
Frequency
4.3.1 After the Inaugural Meeting, the Council shall meet in regular session on the second and fourth
Monday of every month, commencing at 4:30 o'clock in the afternoon at which point Council will
go in to Closed session, the public portion of the agenda will be conducted at 7:00 o'clock in the
evening, unless otherwise provided for by resolution of the Council.
4.3.2 Meetings commencing at 4:30 p.m. shall have a curfew of 10:30 p.m., however, with a simple
majority vote of Council curfew may be extended.
4.3.3 Notwithstanding Section 4.3.1, that Council shall not meet in regular session on the fourth Monday
for each of the months of July, August and December, unless otherwise provided for by resolution of
the Council.
4.3.4 The Clerk shall cause the public notice of regular meetings to be published on the
Town's Website at the beginning of each calendar year, allowing two weeks notice prior to the first
regular meeting.
4.3.5 If such Council meeting day is a public or civic holiday, the Council shall meet at the same hour the
next following business day which is not a public or civic holiday unless otherwise provided for by
resolution of Council
4.3.6 As soon after the time appointed for a meeting of the Council has a quorum is present, the Mayor
shall assume the Chair and call the meeting to order.
4.4 SPECIAL COUNCIL MEETINGS
4.4.1 In addition to regular meetings, special meetings of the Council shall be held upon resolution of the
Council, or written direction signed by the Mayor or Deputy Mayor in the absence of the Mayor,
whichever the case may be, delivered to the Clerk. The purpose of the special meeting can be to
inquire or report on any matter considered of interest to the Council. The resolution or written
direction will state the date, time and purpose of such meeting.
4.4.2 The Mayor may, at any time, summon a special meeting of the Council on forty-eight (48) hours
notice to the members. The Mayor shall summon a special meeting of the Council when requested to
do so in writing by a majority of the members. In the absence of the Mayor, a special meeting may be
called by the Clerk on a written requisition from the majority of the members of Council with 48
hours notice to all members.
4.4.3 Notice of special meetings shall be given to all members of the Council in writing and such notice
shall be delivered to each member at least forty-eight (48) hours before the hour set for such meeting.
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'The notice shall state the business to be considered at such special meeting.
4.4.4 No business other than that stated in the notice shall be considered at such special meeting, except
with the unanimous vote of the members present.
4.4.5 If a matter arises which, in the opinion of the Chief Administrative Officer in consultation with the
Mayor. is considered to be of an urgent or time sensitive nature, or which could affect the health or
well-being of the residents of the Town, or if a state of emergency is declared, or if so advised by a
Provincial Ministry. the notice requirements of this bylaw may be waived and the Clerk shall make
his/her best efforts to provide as much notice as is reasonable under the circumstances.
4.5 ABSENCE OF MAYOR AND/OR DEPUly MAYOR
4.5.1 In case the Mayor does not attend within fifteen (15) minutes after the time appointed for a meeting
of Council, the Deputy Mayor shall call the meeting to order and preside as Chair.
4.5.2 In case the Deputy Mayor is unable to attend the meeting, the members will, by resolution duly
motioned and seconded, appoint a Chair. While so presiding, the Chair shall have all the powers of
the head of Council.
4.5.3 Should the Mayor or Deputy Mayor, as the case may be, arrive after the meeting has been called to
order, the presiding officer shall relinquish the position of the Chair to the Mayor, or Deputy Mayor
as the case may be, immediately after the current item of business on the Council Orders of the Day
is considered or otherwise disposed.
4.6. NO QUORUM PRESENT
Within one-half (1/2) hour after the time appointed for the meeting of the Council, if a quorum is not
present, the Clerk shall record the names of the members of Council present and the meeting shall be
deemed adjourned until the next regular meeting day, subject to the provisions of Section 3.3.3.
4.7 PECUNIARY INTEREST
As required by any Statute of the Province, at the commencement of a meeting, or prior to
considering a Motion under New Business, a member shall disclose any direct or indirect pecuniary
interest and state the general nature of such interest and it shall be recorded by the Clerk in the
minutes. The Member shall take no action to part in the discussion, or vote on any question, and shall
not participate in, or influence, the vote of the other members on the particular item that they have
declared an interest in. In the case of items to be discussed in a Closed Session, the member shall
leave the meeting and shall take no action to participate in, or influence, the vote of the other
members when said item is to be resolved by Council.
4.8 MNG CANCH-1- MON
4.8.1 When it is deemed to be advisable, the Mayor is authorized to change the date and/or time of, or
cancel, the next regular Council meeting subject to agreement of the majority of the members of
Council, having been polled by the Clerk.
4.8.2 In the case of a Focal Board or Committee, the Chair is authorized to change the date and/or time of,
or cancel, the next regular meeting subject to agreement of the majority of the members of the Local
Board or Committee, having been polled by the Secretary.
5. MAYOR
5.2 DLTITES OF MAYOR
5.2.1 It shall be the duty of the Mayor or other duly appointed presiding officer (section 225 and 226.1
Municipal Act, 2001, S.O.2001, Chapter 32):
a) to act as Chief Executive Officer of the Municipality;
b) to preside as Chair over Council meetings so that its business can be carried out efficiently and
effectively;
c) to provide leadership to the Council;
d) to provide information and recommendations to the members of Council with respect to
Council's role to ensure that administrative policies, practices and procedures and controllership
policies, practices and procedures are in place to implement the decisions of Council;
e) to provide information and recommendations to the members of Council with respect to
Council's role to ensure the accountability and transparency of the operations of the
municipality, including the activities of the senior management of the municipality;
f) to represent the municipality at all official functions;
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g) to carry out the duties of the head of Council under the Act or any other Statute of the Province;
As the Chair of Council meeting:
a) to open the meeting of Council by taking the Chair and calling the members to order;
b) to announce the business before the Council in the order in which it is to be acted upon;
c) to receive, in the proper manner, all motions presented by the members of Council and to submit
these motions as questions for proper debate;
d) to put to a vote all questions which are duly moved and seconded, or necessarily arise in the
course of proceedings and to announce the results;
e) to decline to put to a vote motions which infringe upon the Rules of Procedure;
f) to restrain the members, within the Rules of Procedure, when engaged in debate;
g) to enforce on all occasions the observance of order and decorum among the members and
compliance to the Code of Conduct By-law;
h) to call by name any member persisting in breach of the Rules of Procedure or the Code of
Conduct By-law, thereby ordering the member to vacate the meeting place;
i) to receive all messages and other communications and announce them;
.j) to authenticate by his or her signature, when necessary, all By-laws and Minutes of the Council;
k) to inform the members of the Council, when necessary or when referred to for the purpose, on
any point of order;
1) to represent and support the Council, declaring its will and implicitly obeying its decisions in all
matters:
m} to ensure that the decisions of the Council are in conformity with the laws and Bylaws governing
the activities of the Council;
n) to be ex -officio a member of all Committees of the Council;
o) to perform all other duties as defined by Council;
p) to adjourn the meeting without question in the case of grave disorder arising during the meeting, or
suspend the sitting of Council, until a time to be named by the Mayor; and,
q) to adjourn the meeting when the business of Council is concluded,
r) to name the member entitled to speak first when more than one member wishes to address the
chair at the same time.
5.2.2 'The Mayor may, without leaving the Chair, speak to any question under consideration and prior to the
question being disposed of by Council.
5.2.3 When the Mayor is called upon to decide a point of order or procedure, the Mayor shall state the rule or
authority applicable to the case, and make a ruling, if necessary in consultation with the CAO; and, if an
objection is made to the ruling by at least two members, the Mayor shall submit said ruling to a vote of
Council, without debate, in the following words:
"SHALL T[JI=� RULING OF THE CHAIR BE SUSTAINED?"
and the decision ofthe Council shall be final.
5.2.5 The Mayor, except when disqualified to vote by reason of pecuniary interest or any other Statute of the
Province, may vote on consideration of a motion for Division of the Assembly, and may vote with the
other members on all questions.
5.2.6 When the Mayor sees fit to exercise the right to vote on any question before the Council, the Mayor may
explain the vote.
5.2.7 As chief executive officer of the Town, the Mayor shall:
a) uphold and promote the purposes of the municipality;
b) promote public involvement in the municipality's activities;
c) act as the representative of the municipality both within and outside the municipality, and promote the
municipality locally, nationally and internationally; and
d)p articipate in and foster activities that enhance the economic, social and environmental well-being of
the municipality and its residents.
6. ROLE OF COI_JNCIL,
6.1 The role of Council is to (Municipal Act, 2001, S.O.2001, Chapter 25):
(a) represent the public and to consider the well-being and interests of the municipality;
(b) develop and evaluate the policies and programs of the municipality;
(c) determine which services the municipality provides;
(d) ensure that administrative policies, practices and procedures and controllership policies,
practices and procedures are in place to implement the decisions of Council;
(e) ensure the accountability and transparency of the operations of the municipality, including
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the activities of the senior management of the municipality;
(f) maintain the financial integrity of the municipality; and
(g) carry out the duties of Council under this By-law or any Act.
6.2 Council may deal with all matters within its jurisdiction. A motion or resolution pertaining to the
exercise of apower or powers not within the jurisdiction of Council, shall not be in order nor in
effect if passed.
6.3 Members shall inform the Clerk or designate of all planned absences, late arrivals, and early
departures from a meeting.
6.4 Members shall adhere to all Corporate policies governing the conduct of staff and/or Council
including the Code of Conduct By-law.
7. ORDER OF BUSINESS
7.1 The order of business for the regular meetings of Council shall be as follows but not limited too:
1. Call to Order
2. Prayer/Moment of Silence
3. Approval of Agenda
4. Disclosures of Pecuniary Interest and the General Nature Thereof
5. Closed Session
6. Consideration of Matters Arising from the Closed Session
7. Adoption of Council Minutes of Previous Meeting
8. Public Meetings
9. Delegations and Presentations
10. Consideration of Delegations and Presentations
11. Consideration of Correspondence
12. Reports from Departments
13. Unfinished Business
14. Notice of Motions
15. New Business / Enquiries / Comments
16. By-laws
17. Adjournment
8. RULES OF CONDt VJ'OF MEMBERS
8.1 A member shall not:
1. speak disrespectfully of the Reigning Sovereign, of any member of the Royal Family, of the
Governor-General of Canada, of the Lieutenant- Governor of any Province, of any member
of the Senate, of any member of the House of Commons of Canada, or any member of the
Legislative Assembly of the Province of Ontario.
2. speak on any subject other than the subject under debate;
3. criticize any decision of the Council or Committee, except for the purpose of moving in
accordance with the provisions of Section 9.11 that the question be reconsidered.
4. disturb the Council or Committee by any disorderly conduct;
5. use profane or offensive words or insulting expressions or obscene gestures;
6. disobey the rules of the Council or Committee or a decision of the Chair or the Council or
Committee on points of order or on the interpretation of the Rules of Procedure;
7. leave their seat or make any noise or disturbance while a vote is being taken or until the result
is declared.
8. disobey the Code of Conduct by-law.
8.2 A member shall:
I . obtain the permission of the Chair to speak, prior to speaking to a question or motion;
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2. have the right to speak first in debate, if he or she is the author of the Question on the Floor or
other motion under consideration;
3. when intending to introduce a motion, do so immediately, but may preface the motion with a few
words of explanation, of which such words must not become a speech;
4. when intending to amend a prepared resolution, shall, prior to introducing the motion, preface
the motion by explaining how the prepared motion has been altered, in a manner that does not
become a speech;
5. when more than one member addresses the Chair at the same time, allow the Chair to name the
member entitled to speak first, but may make a motion to change the priority of the speakers;
6. when they are called to order by the Chair, immediately cease speaking unless allowed to
explain;
7. obey the ruling of the Chair, subject to appeal to the Council or Committee in accordance with
Section 4.2.3.
8. comply with the Code of Conduct by-law.
8.3 If the Chair desires to leave the position of the presiding officer before adjournment and fail to call
some member to the position of the presiding officer, the Council or Committee may appoint a
member to preside over the meeting until the business of the meeting is finished.
8.4 No person other than Council members, representatives or employees of the Town shall be allowed
to speak from the gallery during the meetings of Council without permission of the Chair.
9. RULF_.,S OF DEBATE IN (U NCIL
9.2 Every member present at a meeting of the Council when a question is put to vote (Call the Question),
shall vote thereon unless prohibited by any Statute of the Province, in which case the Clerk shall so
record in the minutes.
9.3 If any member present at a meeting of the Council when a question is put to a vote and a recorded
vote is taken, does not vote, he or she shall be deemed as voting in the negative except where he or
she is prohibited from voting by any Statute of the Province, pursuant to Sec. 246(2) of the Act.
9.4 If a member disagrees with the announcement of the Chair that a motion is carried or lost the member
may, but only immediately after the declaration of the result by the Chair, object to the Chair's
declaration and request a recorded vote to be taken or make a motion for Division of the Assembly.
9.5 For the purposes of recorded votes, the clerk shall establish lists of various orders of the names of the
members of council. When a recorded vote is requested, the clerk shall draw one of the lists
established. All members present at the meeting shall vote in the order that is drawn. The members
of council shall respond yea or nay when called upon. The names of those who voted for and those
voted against shall be noted in the minutes as in section 246 (1) of the Municipal Act, 2001, S.O.
2001. Chapter 25.
9.6 When the Chair calls for the vote on a question, each member shall occupy his or her seat and shall
remain in his or her place until the result of the vote has been declared by the Chair, and during such
time no member shall speak to any other member or make any noise or disturbance.
9.7 When a member is speaking no other member shall pass between the speaker and the Chair, or
interrupt the speaker except to raise a point of order.
9.8 Any member may require the Question on the Floor or motion under discussion to be read at any
time during the debate but not so as to interrupt a member while speaking.
9.9 No member shall speak more than once to the same question without leave of the Council, except
that a reply shall be allowed to be made only by a member who has presented the motion to the
Council, but not by any member who has moved an amendment or a procedural motion.
9.10 No member shall speak to the same question, or in reply, for longer than four (4) minutes, without
leave of Council.
9.11 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 through the Chair.
9.12 Notwithstanding Section 8.2, when a member has been recognized as the next speaker, then
9.13
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immediately before speaking, such member may ask a question of or through the Chair on the
Question on the Floor or matter under discussion but only for the purpose of obtaining information,
following which the member may speak.
The following matters and motions with respect thereto may be introduced orally without written
notice and without leave, except as otherwise provided by these Rules of procedure:
1. a point of order
2. a privileged question;
3. presentation of a petition;
4. to adjourn;
5. to table:
b. to "Call the Question'
9.14 The following matters and motions with respect thereto may be introduced without notice and
without leave, but such motions shall be in writing signed by the mover and seconder, except as
otherwise provided by these Rules of Procedure:
1. to amend;
2. to suspend the Rules of Procedure;
3. to postpone indefinitely;
4. to postpone to a certain time;
5. to go into the Committee of the Whole.
9.15 In all cases not listed in Sections 9.13 and 9.14, during the proceedings of the Council or in the
Committee of the Whole, the matter or motion shall be decided by the Chair who may, if necessary,
consult with the CAO, subject to an appeal to the Council upon a point of order, in accordance with
Section 5.2.3.
10. MOTIONS AND AMENDMENTS
10.1 NOTICE(S) OF MOTION
10.1.1 Notice of all new motions, except motions listed in Sections 9.13 and 9.14, shall be given in writing
and duly signed at a meeting of Council or Committee, but shall not be debated until the next regular
meeting of Council or Committee unless if such motion is delivered to the Clerk or Committee
Secretary at least six (6) full business days preceding the date of the meeting at which such motion is
to be introduced, and such motion shall be printed in full in the Agenda for that meeting of the
Council or Committee and each succeeding meeting until the motion is considered or otherwise
disposed.
10.1.2 When a member's Notice of Motion has been called from the Chair for two (2) successive meetings
and not duly considered or otherwise disposed, it shall be dropped from the Agenda unless the
Council or Committee otherwise decides.
10.1.3 Any motion may be introduced without notice if the Council, without debate, dispenses with the
notice requirements of Section 10.1, on the affirmative vote of at least two-thirds of the members
present and voting.
10.2 MOTION TO BE SECONDED
A motion must be formally seconded before the Chair States the Question and can put the Question to a
vote, or before the Clerk can record the motion and its result in the minutes.
10.3 STATING THE QUESTION
10.3.1 When a motion is presented in Council in writing, it shall be read aloud by the Chair.
10.3.2 When a motion is presented in Council orally, it shall be stated by the Chair and recorded by the
Clerk before debate can occur.
10.4 MOTION ULTRA VIRES
A motion in respect of a matter which is beyond the jurisdiction of the Council or Committee shall
not be in order.
10.5 QUESTION ON THE FLOOR
10.5.1 After a motion is stated by the Chair it shall be deemed to be in the possession of the Council or
Committee but the motion may, with the permission of the Council, be withdrawn by the mover and
Pagre 13 of 18
seconder u1any time before the Question isput orany made thereto.
10.5.2 AOue����oFloor �decision m��\y�o�si/�dm����������o�
m -ioncan bereceived, except motions inrespect ofmatters listed inSection 9.)3.
\O.5.3 /\ motion to refer a Question 0n the Hoorto Con�mbt e ofthe Whole, u Committee ofCouncU or un
/v&d 'oory 8o y d sho|\preclude all amendments of the main question until the motion to refer is duly
considered orotherwise disposed.
10.6 PREVIOUS QUESTION
10.6.1 /\ motion for the Previous Question is the motion used to bring the Council to an immediate vote on
one or more pending Questions. It has the effect of closing debate and preventing any further
amendment of the Question On the Floor. It does not prevent the making of any Privileged 0
nor does it prevent a special order ar1 for o particular hour from interrupting the pending business.
10. 6.'411, /\ motion for the Previous Question only can be moved using the following words:
THAT THE QUESTION NOW BE PUT.
10.63 /\ motion for the Previous Question cannot be proposed when an amendment, pursuant to Section
\0.7,isunder consideration.
10.8.4 /\ motion for the Previous Question is not allowed in Committees.
10.7 AMENDMENTS
10.7.1 A motion to Amend shall adhere to the following rules:
\. be presented in writing' (Primary Amand duly seconded;
2. bcrelevant orgermane 10the Question Onthe Floor,
3. not be used to amend something previously '
4. not be worded such as to propose a direct negative of the Question On the Floor,
5. be duly considered or otherwise disposed of by Council or Committee before a previous
amendment ofthe same question;
6. be amended only once (Secondary Amendment), and any further amendment must be to the main
quest/on;
7. be put to u vote in the reverse order to that in which it is no moved; and,
8. may be used to separate and dispose ofdistinct parts ofaquestion.
10.0 PRIVILEGED MOTION
A Privileged Motion shall receive the immediate consideration of the Chair and when resolved the
Question On the Floor, so ishall be resumed at the point where bwas suspended.
10.9 division ofaquestion
/\ motion 10Divide the Question Dnthe Floor
\. can be applied only when the main Question can be divided properly into parts that can be
considered and acted upon if none of the other parts is adopted, and where the effect of adopting
all the other parts niUbe exactly ��emme-�m���
more, i of the �Questionin
2. ��a�oedcnoc�r�em�nQuestion, or related amendments, but hcannot be made while an
amendment tothe main Question is pending;
3. is out oforder when another member has the floor;
4. must heseconded;
5. isnot debatable, and,
6. cannot brreconsidered.
)O.\O Motion to adjourn
10.0.1 A motion to Adjourn shall always be in order, except as provided in Section 0]02
10]0.2 A motion to Adjourn is not in order when:
\. omember isospeaking tothe OucsdonOnthe F�or
2. um�� already _indicated to the Chair that he or she desires to speak to the Question On the
Hoor, . .
3. proposed during ovot�
cordo'nthevcnfioationofavote; or,
4. proposed immediately following the affirmative resolution for the Previous Question.
Page 14 of 18
10. 10.4 A motion to Adlourn the final regular meeting of Council's term, wherein unfinished business
.1
remains at the time of adjournment, has the effect of causing said unfinished business to fall to the
ground. Such business may be introduced at the next session of Council, however, the same as if it
had never been brought up.
10. 10.5 A motion to Adjourn, when resolved in the negative, cannot be made again until after some
intermediate proceedings have been considered and disposed of by Council.
10.10.6 Immediately after a motion to Adjourn has been put to a vote, and resolved in the affirmative, the
Chair will declare the meeting adjourned.
10.11 RECONSIDERATION
10.11.1 The purpose of reconsidering a vote is to permit correction of hasty, ill-advised, or erroneous action,
or to take into account added information or a changed situation that has developed since the taking
of a vote.
10.11.2 No discussion of a main question, once resolved, shall be allowed unless reconsidered.
10.11.3 After any question has been resolved, except a motion not subject to debate or one of indefinite
postponement, any member who voted in the majority may, at the same or the next regular meeting,
make a motion for Reconsideration thereof.
10.11.4 A motion for Reconsideration shall include a statement by the mover of at least one valid reason why
the rnain Question., so previously decided, must be reconsidered by Council.
10.11.5 No Question previously decided shall be reconsidered more than once.
11. VOTING ON MOTIONS
11.1 Immediately preceding the taking of the vote, the Chair shall state the Question On the Floor in the
form introduced, in the precise form in which it will be recorded in the minutes.
11.2 After a Question On the Floor is stated 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.
11.3 Only members present when the Question On the Floor is stated by the Chair shall be entitled to vote
on the question.
1 l .4 The manner of determining the decision of the Council or Committee on a Question On
the Floor shall be decided prior to the vote being taken and at the discretion of the Chair,
unless otherwise decided by Council or Committee, and may be by voice, show of
hands, rising or otherwise, but shall never be by secret ballot, pursuant to Section 244 of
the Act.
11.5 Whenever the vote in consideration of the Question On the Floor results in a tie, the question shall be
deemed to have been resolved in the negative.
12. BY-LAWS, DEI_,EGATIONS AND MINU"TES
12.1 BY-LAWS
12.1.1 Every By-law, previous to its being adopted by Council, shall receive three readings.
12.1.2 It shall be the duty of the Clerk to revise all By-laws after the first reading and after such revision, the
Clerk shall ensure same and certify on the said By-laws that the same are correct, and at every
succeeding stage of such By-law, the Clerk shall be responsible to ensure the By-law correctness,
should amendments be made thereto.
12.1.3 Upon the final reading and passing of any By-law, the same shall be numbered and certified by the
signatures of the Mayor and the Clerk and the seal of the Corporation and the Clerk shall certify same
with the date thereof at the foot of the By-law.
12.2 DELEGATIONS AND PRESENTATIONS
Persons desiring to present verbally information on matters of fact, or to make a request of Council or
Committee, shall notify the Clerk or Committee Secretary by at least 4:30 pm on the Wednesday
prior to the meeting which they propose to attend, by and may be heard by the Council/Committee,
but shall be limited in speaking to a period of not more than fifteen (15) minutes, provided that a
deputation consisting of more than five persons shall be limited to two speakers; and provided further
Page 15 of 18
that Council or C'oml-nittee may, by motion, lengthen the time for hearing of delegations.
12.3 MINUTES
12.3.1 The minutes of the Council or Committee shall consist of:
1. a record of the place, date and time of meeting;
2. the name of the Chair, a record of all members present, and the names of those absent;
3. the reading, ifrequested, correction and adoption of the Minutes of prior meetings;
4. all other proceedings of the meeting without note or comment.
12.3.2 At the close of each meeting or session, the Clerk or Committee Secretary will transcribe the
proceedings of such meeting in the minute book and immediately after the Approval of the Agenda at
the next meeting of Council or Committee, the minutes of the previous meeting shall be considered
so that any errors therein may be corrected. The Clerk or Committee Secretary shall ensure that a
copy of the minutes of each meeting is delivered to each member of the Council or Committee at
least forty-eight (48) hours prior to the next meeting of Council or Committee.
12.3.3 When a matter or Question On the Floor is referred from one meeting to the next, the Clerk or
Committee Secretary shall record it as unfinished business and ensure the matter is brought forward
as Unfinished Business before the Council or Committee at its next meeting.
13. CLOSED SESSIONS
13.1 A meeting, or part of a meeting, may be closed to the public (Closed Session) if the subject matter
being considered is one or more of the following:
a) the security of the property of the Town or a local board;
b) personal matters about an identifiable individual, including Town or local board employees;
c) a proposed or pending acquisition or disposition of land of land for Town or local board purposes;
d) labour relations or employee negotiations,
e) litigation or potential litigation, including matters before administrative tribunals, affecting the
Town, committee or local board;
the receiving of advice that is subject to solicitor -client privilege, including communications
necessary for that purpose;
g) a matter in respect of which Council, board or a committee or other body has authorized a meeting
to be closed under a specific procedural statute or regulation;
and
h) for the purpose of educating or training the members so far as the matter is not dealt with in a way
that materially advances the business or decision-making of the council, local board or committee.
13.2 Meetings closed to the public must be closed by a motion to "Proceed into Closed Session" with the
said motion, duly seconded and passed, stating the general nature of the matter(s) to be considered at
the Closed Session.
13.3 Where the public is excluded from a meeting, or portion thereof, no vote may be taken except a vote
on a procedural matter or for the giving of directions or instructions to officers, employees or agents
of the Town or persons retained by or under contract with the Town.
13.4 The number of times a member may speak to any question shall not be limited during a Closed
Session, provided that no member shall speak more than once until every member who desires to do
so shall have spoken.
13.5 A member present at a Closed Session shall, prior to consideration of any matter, declare any
pecuniary interest, direct or indirect, and the general nature thereof; and said member shall leave the
Closed Session, or part thereof, during which the matter is under consideration. Said declaration shall
be recorded in the minutes.
13.6 The minutes for a Closed Session shall include the following:
1. The time and place of the meeting;
2. Those members in attendance and the presiding officer;
3. Disclosures of pecuniary interest, if any but not the general nature thereof;
4. Directions given to officers, employees or agents of the Town or persons retained by or under
contract with the Town.
13.7 A motion to adjourn a Closed Session shall always be in order and be decided without debate, except
when a member is in possession of the floor.
13.8 Upon rising from a Closed Session, the Chair shall announce the result of the vote as it is to be
recorded in the minutes.
Page 16 of 18
14. COMMITTEE OF TFIE WHOLE
14.1 A member may motion to move into the Committee of the Whole in the following instances;
1. wherever questions will be asked of staff,
2, where reports are being made by someone from outside of the Council;
3. at any time when free discussion of an item is desired and the Council so decides.
14.2 The Mayor, or Chair. may request the Deputy Mayor, or another member in the case of the absence of
the Deputy Mayor, to assume the Chair of the Committee of the Whole.
14.3 The Rules of Procedure and the Rules of Conduct of Members shall be observed insofar as they are
applicable, provided that:
I . the number of times of speaking on any question shall not be limited;
2. no member shall speak more than once, except to make an explanation, until every member who
desires to speak has spoken.
14.4 The proceedings of the Committee of the Whole shall not be entered into the minutes.
14.5 The report of the Committee of the Whole will be presented by the Chair of the Committee of the
Whole, who presided at that time, in the form of recommendations to the Council. Said
recommendations can then be given further consideration and properly disposed of by Council.
14.6 A motion to "rise and report" shall be decided without debate.
14.7 A motion to "rise without reporting" shall always be in order and shall take precedence over any other
motion and, if carried, the subject referred to the Committee shall be deemed to have been disposed
of in the negative, subject however to its Reconsideration if Council should so decide. The next order
of business shall then proceed therewith.
15. COMPOSITION AND DUTIES OF COMMITTEES AND ADVISORY BODIES
15.1 Council may at: any gime, on motion of a member duly considered and agreed to in the affirmative,
strike a Committee, Ad Hoc Committee or Advisory Body, as the case may be, to consider and report
on any matter or to perform any special service within the spheres of jurisdiction of the Town,
pursuant to Section I 1 of the Act. Unless specifically provided for in the striking resolution, such
committee shall dissolve as soon as the services for which that committee was appointed are
performed.
15. '1 ELECTION
All Committees shall appoint a Chair at its first meeting, No other business of Council shall be
conducted until the Chair is confirmed.
For the appointment: of the Chair, the following regulations and procedures shall be followed:
15.2.1 The Chair shall be elected by open vote during the first meeting of the Committee after the
establishment of the new committee following municipal elections.
15.2.2 Each member of the committee shall have one vote and shall not abstain from voting.
15.2.3 The Clerk will preside over the election.
15.24 In advance of accepting any nominations, the Clerk shall draw ballots to decide on any equality of
votes.
15.2.5 Each nomination motion shall be in writing, and duly seconded.
l 5.2.6 Where more than one nominee stands for election, a vote shall be taken.
15.2.7 To be elected as Chair, a nominee shall obtain a vote of the majority of the members present.
15.2.8 In conducting the vote, the Clerk shall call the names of the members alphabetically and each
member shall, after their name is called, verbally indicate the name of the nominee they are
supporting.
15.2.9 If there are more than two nominees who agree to stand and, if upon the first vote, no nominee
receives the majority required for election, the name of the nominee receiving the least number of
votes shall be dropped from the ballot. The Council shall proceed to vote anew and so continue until
either-,
Page 17 of 18
i) a nominee receives the majority required for election at which time such nominee shall be
declared elected; or
ii) if it becomes apparent by reason of an equality for the least number of votes that one nominee
cannot be dropped, then the Clerk shall place the names of the candidates with the least votes on
equal size pieces of paper in a box and one name shall be drawn by the person chosen in
accordance with Section 4.1.4.
iii) And further, once the nominee to be dropped has been decided, all the remaining nominees,
including the leading candidate(s), will be placed on the next ballot.
15.2.10 In the case of an equality of votes for Chair where only two nominees remain, the successful nominee
shall be determined by the Clerk who will place the names of the nominees on equal size pieces of
paper in a box and one name shall be drawn by the person chosen in accordance with Section 4.1.4.
15.2.11 When a nominee has received a majority vote of the Committee, there shall be no further ballots.
15.2. t 2 The successful nominee, upon being named Chair by the Clerk, shall take an oath of office prior to
taking any further action in this capacity as head of Committee. This oath is to be administered by the
Clerk,
15.3 The duties of Committees, Ad Hoc Committees and Advisory Bodies shall be pursuant to the
resolution of Council as adopted, giving direction, but shall not include the decision-making
authority of Council, pursuant to Section 11 of the Act, or as otherwise explicitly provided for in the
striking resolution.
15.4 Appointments to Committees, Ad Hoc Committees and Advisory Bodies shall be in accordance with
the following procedure:
1. Where non -elected members (lay persons) are required to serve on any Committees, Ad Hoc
Committees and Advisory Bodies, Council shall instruct the Clerk to advertise these positions
in a local newspaper(s) of sufficient circulation, and on the Town Internet site,
2. The advertisement will provide a general statement indicating the number of positions to be
filled and the nature of the duties of the successful applicant.
3. The advertisement will include a statement that interested applicants will be required to submit
appropriate documentation supporting their application, that the Council is not obligated to
consider all applicants, and that an interview(s) may be required with the Council or
Committee
4. If an interview(s) with the applicant(s) is required with the Council or Committee, said
interview(s) will take place in a Closed Session of Council or Committee. Following the
interview, but not necessarily immediately thereafter, a recommendation to the I Council will be
brought forward in a timely manner to ensure the composition of the Committee, Ad Hoc
Committee or Advisory Body, as the case may be, is established by By-law.
5. In order to ensure the business of Council is not unduly delayed, the appointments to
Committees, Ad Hoc Committees and Advisory Bodies will be given a high priority.
15.5 a majority of the members of a Committee is necessary to constitute a quorum.
15.6 The provisions of Section 3.6 apply if no quorum is present, with the necessary substitutions.
15.7 The Order of Business of meetings of Committees, Ad Hoc Committees and Advisory Bodies shall
be pursuant to Section 6.1 with the necessary substitutions and omissions.
15.8 The Rules of Conduct of the members of Committees, Ad Hoc Committees and Advisory Bodies
shall be pursuant to Section 7 and the Code of Conduct by-law.
15.9 The Rules of Debate for Committees, Ad Hoc Committees and Advisory Bodies shall be pursuant to
Section 8, with the necessary substitutions, except Sections 8.9 and 8.10 shall not apply to limit the
ability of or time allowed for any member to speak to a question or item under discussion.
15.10 Motions and Amendments thereto shall be considered in accordance with Section 9,
15.11 All decisions of the Committees, Ad Hoc Committees and Advisory Bodies shall be in the form of
recommendations to Council, except as otherwise explicitly provided by Council resolution striking
the committee, and shall be forwarded by the Secretary to the Clerk for inclusion in the Agenda of
the next meeting of Council.
Page 18 of 18
16.0 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.
17. LEGAL.,
17.1 For the purposes of this By-law, words used in the present tense include the future tense;
words in singular number include the plural and words in the plural include the singular
number; and, the word "shall" is mandatory.
17.2 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 unti 1 either amended or repealed.
17.3 REPEAL OF BY-LAW NO. 2978
That By-law No. 2978 (Procedural By-law) is hereby repealed in their entirety.
READ A FIRST AND SECOND TIME THIS day of 920100
READ A THIRD TIME AND FINALLY PASSED THIS
STEPHEN MOLNAR.
day of 92010
CLERK `
MICHAEL GRAVES