3511 Procedural BylawPage 1 of 19
TOWNOFTILLSONBURG
PROCEDURAL BY-LAW 3511
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Table of Contents
1.0 SHORT TITLE
2.0 DEFINITIONS
3.0 GENERAL PROVISIONS
4.0 COUNCIL MEETINGS
4.1 Place.....................................................................................................................^
4.2 Inaugural Meeting..........................................................................................................?
4.3 Frequency.......................................................................................................................7
4.4 Special Council Meetings...............................................................................................8
4.5 Absence of Mayor and/or Deputy Mayor......................................................................8
4.6 No Quorum....................................................................................................................8
4.7 Pecuniary Interest..........................................................................................................8
4.8 Meeting Cancellation.....................................................................................................8
5.0 MAYOR............................^
5.1 Duties of the Mayor...............................™
6.0 ROLE OF COUNCIL ................................................................_^
7.0 ORDER OF BUSINESS.................................................................................
8.0 RULES OF CONDUCT OF MEMBERS.............................................................................11
9.0 RULES OF DEBATE IN COUNCIL.......................^^
10.0 MOTIONS AND AMENDMENTS............................................................................^
10.1 Notice(s) of Motion ................................................................................_^
10.2 Motion to be seconded ........................................................................................................13
10.3 Stating the Question .............................................................................................................13
10.4 Motion Ultra Vires .................................................................................................................13
10.5 Question on the Floor ...........................................................................................................13
10.6 Previous Question .................................................................................................................13
10.7 Amendments........................................................................................................................14
10.8 Privileged Motion ...................................................................................................................14
10.9 Division of a Question ...........................................................................................................14
lO.lOMotion to Adjourn .................................................................................................................14
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lO.HReconsideration ......................................................................................................................14
11.0 VOTING ON MOTION................^
12.0 BY-LAWS DELEGATIONS AND MINUTES.......................................................................15
12.1 By-Laws ..............................................................................................................^
12.2 Delegations and Presentations.......................................................................................15
12.3 Minutes ..........................................................................................................................16
13.0 CLOSED SESSIONS.......................
14.0 COMPOSITION AND DUTIES OF COMMITTEES AND ADVISORY BODIES .........................17
14.1 Committees ................................................................................................................................17
14.2 Election ,.......,.,.....,,.,..._
14.3 Duties..........................................................................................................................................18
14.4 Appointments to Committees .................................................................................................18
14.5 Quorum .......................................................................................................................................18
14.6 Provisions....................................................................................................................................18
14.7 Order of Business .......................................................................................................................18
14.8 Rules of Conduct................................................................................................................
14.9 Rules of Debate.....................................................................................................
14.10 Motions and Amendments .....................................................................................................18
14.11 Decisions...................................................................................................................................1^
14.12 Secretary for Committees ......................................................................................................18
15.0 AMENDMENT OR REPEAL OF THIS BY-LAW...................................................................18
16.0 LEGAL...................................«
16.1 Wording..................................._
16.2 Force and Effect.........................................................................................................................19
16.3 Repeal........................^
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NO. 3511
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;
AND WHEREAS subsection 238(2.1) of the Municipal Act requires the procedure by-law to provide
for public notice of meetings;
AND 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
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;
AND WHEREAS THE Council of the Corporation of the Town of Tillsonburg deems it
expedient and necessary to repeal By-Law 3416;
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 aspecific issue. Once the final report is delivered and a resolution of the Council is adoptedconcerning 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 Head 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.
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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 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 each meeting of
Council to confirm by by-law the resolutions and actions of Council taken at that meeting.
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 "Member1" 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 affect 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 pecuniary (monetary) interest within the
meaning of the Municipal Conflict of 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
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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 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 ofCouncil. 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;
ii) to amend;
iii) to lay on the table;
iv) to postpone indefinitely or to another day certain; or,
v) to adjourn.
3. GENERAL PROVISIONS
3.1. The short title of this By-law is the "Town of Tillsonburg 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
5.1.3. 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.
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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 13.1.
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 INAUGURAL MEETING
The Inaugural Meeting of Council shall be held on the first Wednesday of December in an election
year at 7:00 p.m.
The Proceedings of the First Meeting of Council shall include:
(a) Ceremonial - special address by guests;
(b) Filing of Declarations of Office in accordance with the provisions of the Act;
After all members present have been sworn, the proceedings shall be turned over to the Mayor.
4.3 REGULAR COUNCIL MEETING(S)
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
6:00 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 prior to the first
regular meeting.
4.3.5 The Clerk shall cause the agenda of regular meetings to be published on the Town's website
at least Forty-eight (48) hours prior to the start of the meeting. To facilitate the timely
publishing of the agenda, the deadline for submissions to the Clerk shall be four (4) full
business days prior to the 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 present, the
Mayor shall assume the Chair and call the meeting to order.
4.3.7. After the Inaugural Meeting, the Clerk shall make arrangements for Council orientation for
the members of Council. Following the orientation sessions Council shall sign the Code of
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Conduct.
4.3.8. Council and public appointments to Standing Committees, Boards and Agencies shall be
done at the first Council Meeting in February following a Municipal Election.
4.4 SPECIAL COUNCIL MEETING(S)
4.4.1 In addition to regular meetings, special meetings of the Council shall be held uponresolution of the Council, or written direction signed by the Mayor or Deputy Mayor in theabsence 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 theMayor, a special meeting may be called by the Clerk on a written requisition from themajority of the members of Council.
4.4.3 Notice of special meetings shall be given to all members of the Council by electroniccorrespondence at least forty-eight (48) hours before the hour set for such meeting. 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 isdeclared, or if so advised by a Provincial Ministry, the notice requirements of this bylaw maybe 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 DEPUTY 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 4.3.1.
4.7 PECUNIARY INTEREST
As required by any Statute of the Province, at the commencement of a meeting, or prior toconsidering 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. 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, thevote of the other members when said item is to be resolved by Council.
4.8 MEETING CANCELLATION
4.8.1 When it is deemed to be advisable, the Mayor is authorized to change the date and/or timeof, or cancel, the next regular Council meeting subject to agreement of the majority of the
members of Council, having been polled by the Clerk.
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4.8.2 In the case of a Local 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
5.1 DUTIES OF MAYOR
5.1.1 It shall be the duty of the Mayor or other duly appointed presiding officer:
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 respectto 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 themunicipality, including the activities of the senior management of the municipality;
f) to represent the municipality at all official functions;
g) to carry out the duties of the head of Council under the Act or any other Statute of the
Province;h) to open the meeting of Council by taking the Chair and calling the members to order;
i) to announce the business before the Council in the order in which it is to be acted upon;
j) to receive, in the proper manner, all motions presented by the members of Council and
to submit these motions as questions for proper debate;k) 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;
I) to decline to put to a vote motions which infringe upon the Rules of Procedure;
m) to restrain the members, within the Rules of Procedure, when engaged in debate;
n) to enforce on all occasions the observance of order and decorum among the members
and compliance to the Code of Conduct By-law;
o) 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;
p) to receive all messages and other communications and announce them;
q) to authenticate by his or her signature, when necessary, all By-laws and Resolutions of
the Council;r) to inform the members of the Council, when necessary or when referred to for the
purpose, on any point of order;s) to represent and support the Council, declaring its will and implicitly obeying its
decisions in all matters;
t) to ensure that the decisions of the Council are in conformity with the laws and Bylaws
governing the activities of the Council;
u) to be ex-officio a member of all Committees of the Council;v) to perform all other duties as defined by Council;w) 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;x) to adjourn the meeting when the business of Council is concluded;
y) to name the member entitled to speak first when more than one member wishes to
address the chair at the same time.
5.1.2 The Mayor may, without leaving the Chair, speak to any question under consideration and
prior to the question being disposed of by Council.
5.1.3 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 inconsultation with the Clerk; 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 THE RULING OF THE CHAIR BE SUSTAINED?"
and the decision of the Council shall be final.
5.1.5 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.
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5.1.6 When the Mayor sees fit to exercise the right to vote on any question before the Council,
the Mayor may explain the vote.
5.1.7 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) participate in and foster activities that enhance the economic, social and environmental
well-being of the municipality and its residents.
6. ROLE OF COUNCIL
6.1 THE ROLE OF COUNCIL IS TO:
(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 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 a power 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:
1. Call to Order
2. Adoption of Agenda
3. Closed Session
4. Moment of Silence/Prayer
5. Disclosures of Pecuniary Interest and the General Nature Thereof
6. Adoption of Council Minutes of Previous Meeting
7. Delegations and Presentations
8. Public Meetings
9. Information Items
10. Reports from Departments
11. Unfinished Business
12. Committee Minutes & Reports
13. Notice of Motions
14. Resolutions
15. Resolution Resulting from Closed Session
16. By-laws
17. Items of public Interest
18. Adjournment
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8. RULES OF CONDUCT 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 inaccordance with the provisions of Section 9.3 that the question be reconsidered.
4. disturb the Council or Committee by any disorderly conduct;
5. use profane or offensive words or insulting expressions;
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:
1. obtain the permission of the Chair to speak, prior to speaking to a question or motion;
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 amanner 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 5.1.3.
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
the Deputy Mayor is absent from the meeting, the Council or Committee may appoint, by a
majority vote of Council or Committee, 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. RULES OF DEBATE IN COUNCIL
9.1 Every member present at a meeting of the Council when a question is put to vote (Putting
the Question), shall vote thereon unless prohibited by any Statute of the Province, in which
case the Clerk shall so record in the minutes.
9.2 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
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except where he or she is prohibited from voting by any Statute of the Province, pursuant
to Sec. 246(2) of the Act.
9.3 If a member disagrees with the announcement of the Chair that a question 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.
9.4 When a recorded vote is requested, either before or after the vote but before proceeding
with the next item of business, the Clerk shall call the names of each member in
alphabetical order starting with the name of the member so requesting, and the Clerk shall
record the name and vote of every member on any matter or question.
9.5 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.
9.6 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.
9.7 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.
9.8 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.
9.9 No member shall speak to the same question, or in reply, for longer than four (4) minutes,
without leave of Council.
9.10 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 onlythrough the Chair.
9.11 Notwithstanding Section 8.2, when a member has been recognized as the next speaker,
then 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.
9.12 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 lay on the table;
6. to put the Question on the Floor to a vote.
9.13 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.
9.14 In all cases not listed in Sections 9.12 and 9.13, during the proceedings of the Council, thematter or motion shall be decided by the Chair who may, if necessary, consult with the
Clerk, subject to an appeal to the Council upon a point of order, in accordance with Section
7.1.
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10. MOTIONS AND AMENDMENTS
10.1 NOTICE(S) OF MOTION
10.1.1 Notice of all new motions, except motions listed in Sections 9.12 and 9.13, 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 four (4) full business days preceding the date of the
meeting at which such motion is to be introduced; and such motion will be included 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 10.1.1, 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, bewithdrawn by the mover and seconder at any time before the Question is put or any
amendment(s) made thereto.
10.5.2 A Question on the Floor for decision must duly be considered or otherwise disposed before
any other motion can be received, except motions in respect of matters listed in Section
9.13.
10.5.3 A motion to refer a Question On the Floor to Committee of the Whole, a Committee of
Council or an Advisory Body shall preclude all amendments of the main question until the
motion to refer is duly considered or otherwise disposed.
10.6 PREVIOUS QUESTION
10.6.1 A 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 Question, nor does it prevent a special order set for a particular hour frominterrupting the pending business.
10.6.2 A motion for the Previous Question only can be moved using the following words:
"THAT THE QUESTION NOW BE PUT."
10.6.3 A motion for the Previous Question cannot be proposed when an amendment is under
consideration.
10.6.4 A motion for the Previous Question is not allowed in Committees.
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10.7 AMENDMENTS
10.7.1 A motion to Amend shall adhere to the following rules:
1. be presented in writing (Primary Amendment) and duly seconded;
2. be relevant or germane to the Question On the Floor,
3. not be used to amend something previously adopted;
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 of the same question;6. be amended only once (Secondary Amendment), and any further amendment must be to
the main question;
7. be put to a vote in the reverse order to that in which it is so moved; and,
8. may be used to separate and dispose of distinct parts of a question.
10.8 PRIVILEGED MOTION
A Privileged Motion shall receive the immediate consideration of the Chair and when
resolved the Question On the Floor, so interrupted, shall be resumed at the point where it
was suspended.
10.9 DIVISION OF A QUESTION
A motion to Divide the Question On the Floor
1. 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 theeffect of adopting all the other parts will be exactly the same - no more, no less - as
adoption of the main Question
2. takes precedence over the main Question, or related amendments, but it cannot be
made while an amendment to the main Question is pending;
3. is out of order when another member has the floor;
4. must be seconded;
5. is not debatable; and,
6. cannot be reconsidered.
10.10 MOTION TO ADJOURN
10.10.1 A motion to Adjourn shall always be in order, except as provided in Section 10.10.2
10.10.2 A motion to Adjourn is not in order when:
1. a member is speaking to the Question On the Floor,
2. a member has already indicated to the Chair that he or she desires to speak to the
Question On the Floor,
3. proposed during a vote or during the verification of a vote; or,
4. proposed immediately following the affirmative resolution for the Previous Question.
10.10.3 A motion to Adjourn a regular meeting of Council must be duly seconded.
10.10.4 A motion to Adjourn the final regular meeting of Council's term, wherein unfinished
business 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, orerroneous 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.
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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 main 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.
11.4 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, DELEGATIONS AND MINUTES
12.1 BY-LAWS
12.1.1 Every By-law, previous to its being adopted by Council, shall receive three readings. First
and Second Readings shall be passed at the same Council meeting and the by-law shall be
brought back to a regular Council meeting for third reading at a later date, unless otherwise
deemed by Council that the first, second and third readings are to be passed at the same
Council meeting.
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.
12.1.4 A by-law to confirm the proceedings of Council (hereafter referred to as a "Confirmatory By-
law") shall be brought forward at each Open Session meeting of Council, to adopt, ratify, or
confirm each motion, resolution and other action passed and taken by the Council. The
Confirmatory By-law shall be brought forward for three readings at each Open Meeting of
Council.
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 four (4) full
business days preceding the date of the meeting at which such motion is to be introduced
and which they propose to attend, by and may be heard by the Council/Committee. Thespeaker shall be limited in speaking to a period of not more than ten (10) minutes and a
subsequent five (5) minutes for questions from Council, provided that a deputation
consisting of more than five persons shall be limited to two speakers; and provided furtherthat Council or Committee may, by motion, lengthen the time for hearing of delegations.Delegations shall be limited to 4 per Council meeting.
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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, if requested, 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 record the
proceedings of such meeting in an electronic format and 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 sent electronically to each member of the Council or Committee
at least seventy-two (72) 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 nextmeeting.
13. CLOSED SESSIONS
13.1 A meeting or part of a meeting 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 or disposition of land by the municipality or local
board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board;
(f) 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 may hold a
closed meeting under another Act. 2001, c. 25, s. 239 (2).
(h) A meeting shall be closed to the public if the subject 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 the head of an
institution for the purposes of that Act. 2001, c. 25, s. 239 (3).
(i) The meeting is held for the purpose of educating or training the members.
At the meeting, no member discusses or otherwise deals with any matter in a way that
materially advances the business or decision-making of the council, local board or
committee. 2006, c. 32, Sched. A, s. 103 (1).
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.
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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.
14. COMPOSITION AND DUTIES OF COMMITTEES AND ADVISORY BODIES
14.1 Council may at any time, 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 11 of the Act. Unless specifically providedfor in the striking resolution, such committee shall dissolve as soon as the services for
which that committee was appointed are performed.
14.2 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:
14.2.1 The Chair shall be elected by open vote during the first meeting of the Committee after the
establishment of the committee.
14.2.2 Each member of the committee shall have one vote and shall not abstain from voting.
14.2.3 A member of staff shall preside over the election.
14.2.4 Each nomination motion shall be in writing or verbal, and duly seconded.
14.2.5 Where more than one nominee stands for election, a vote shall be taken.
14.2.6 To be elected as Chair, a nominee shall obtain a vote of the majority of the members
present.
14.2.7 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 Committee shall proceed to
vote anew and so continue until either;
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 staff shall place the names of the candidates with theleast votes on equal size pieces of paper in a box and one name shall be drawn by the
person chosen in accordance with Section 14.2.3.
iii) And further, once the nominee to be dropped has been decided, all the remainingnominees, including the leading candidate(s), will be placed on the next ballot.
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14.2.8 In the case of an equality of votes for Chair where only two nominees remain, the successful
nominee shall be determined by placing 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 14.2.3.
14.2.9 When a nominee has received a majority vote of the Committee, there shall be no further
ballots.
14.2.10 The successful nominee, upon being named Chair by the staff member, shall act in this
capacity as head of the Committee.
14.3 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.
14.4 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 an appropriate manner, and on the Town Internet site.
2. The advertisement will provide a general statement indicating the number of positions to
be filled and the term of appointment for the successful applicant.
3. The advertisement will include a statement that interested applicants will be required tosubmit an 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 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.
14.5 A majority of the members of a Committee is necessary to constitute a quorum.
14.6 The provisions of Section 4.6 apply if no quorum is present, with the necessary
substitutions.
14.7 The Order of Business of meetings of Committees, Ad Hoc Committees and Advisory Bodies
shall be pursuant to Section 7.1 with the necessary substitutions and omissions.
14.8 The Rules of Conduct of the members of Committees, Ad Hoc Committees and Advisory
Bodies shall be pursuant to Section 8 and the Code of Conduct by-law.
14.9 The Rules of Debate for Committees, Ad Hoc Committees and Advisory Bodies shall be
pursuant to Section 9, with the necessary substitutions, except Sections 9.9 and 9.10 shall
not apply to limit the ability of or time allowed for any member to speak to a question or
item under discussion.
14.10 Motions and Amendments thereto shall be considered in accordance with Section 10,
14.11 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.
15.0 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
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meeting of the Council and the Council may not waive such notice.
16. LEGAL
16.1 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.
16.2 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 until either amended or repealed.
16.3 REPEAL OF BY-LAW NO. 3416
That By-law No. 3416(Procedural By-law) is hereby repealed in its entirety.
READ A FIRST AND SECOND TIME THIS 13' day of June, 2011.
READ A THIRD TIME AND FINALLY PASSED THIS 12th day of September, 2011
M AYOR - JohrU^lf
CLERK - Donna Hemeryck