200805 Special Council Meeting AgendaThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
AGENDA
Wednesday, August 5, 2020
4:00 PM
Electronic Meeting
1.Call to Order
2.Closed Session
3.Adoption of Agenda
Proposed Resolution #1
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Special Council meeting of Wednesday, August 5,
2020, be adopted.
4.Moment of Silence
5.Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
7.Presentations
8.Public Meetings
9.Planning Applications
10.Delegations
11.Deputation(s) on Committee Reports
12.COVID-19
13.Information Items
14.Staff Reports
14.1 Chief Administrative Officer
14.2 Clerk's Office
14.2.1 CLK 20-28 Bill 197 Electronic Meetings and Proxy Voting
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT a By-Law to amend By-Law 4173 Procedural By-Law, to allow for
Electronic Meetings, be brought forward for Council’s consideration.
14.3 Development and Communication Services
14.4 Finance
14.5 Fire and Emergency Services
14.6 Operations
14.7 Recreation, Culture & Park Services
15.New Business
16.Consideration of Committee Minutes
16.1 Committee Minutes
17.Motions/Notice of Motions
18.Resolutions/Resolutions Resulting from Closed Session
19.By-Laws
19.1 A By-Law to amend By-Law 4173 Procedural By-Law
Proposed Resolution #3
Moved By: ________________
Seconded By: ________________
THAT A By-Law to amend By-Law 4173 Procedural By-Law, be read for a first,
second, third and final reading and that the Mayor and the Clerk be and are hereby
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authorized to sign the same, and place the corporate seal thereunto.
20.Confirm Proceedings By-law
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT By-Law 2020-075, to Confirm the Proceedings of the Council Meeting held on August
5, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk
be and are hereby authorized to sign the same, and place the corporate seal thereunto.
21.Items of Public Interest
22.Adjournment
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT the Special Council Meeting of Wednesday, August 5, 2020 be adjourned at ______
p.m.
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Subject: Bill 197 – Electronic Meetings and Proxy Voting
Report Number: CLK 20-28
Author: Michelle Smibert, Clerk
Meeting Type: Special Council Meeting
Meeting Date: Wednesday, August 5, 2020
RECOMMENDATION
THAT a By-Law to amend By-Law 4173 Procedural By-Law, to allow for Electronic
Meetings, be brought forward for Council’s consideration.
BACKGROUND
On March 19, 2020, the Province passed legislation to amend the Municipal Act to allow
municipalities to conduct electronic meetings due to COVID-19 under a declared
Emergency by either the Province or the Municipality. As such, the Town amended its
procedural By-Law to allow for this temporary measure.
DISCUSSION
The Province gave Royal Assent to Bill 197, the COVID-19 Economic Recovery Act on
July 21, 2020 which, amongst other things, would allow an amendment to municipal
Procedural By-Laws allowing electronic council meetings even when there is no
Emergency Order in place. This legislative change takes effect immediately. As such,
it is prudent to update the procedure by-law expeditiously to allow for the continuation of
electronic meetings after the lifting of the emergency declaration was lifted by the
Province on July 24th.
The Province is allowing municipalities to hold a Special Council meeting to deal with
amendments to the Procedural By-law to allow electronic meetings similar to what was
permitted back when COVID first hit. Most municipalities in Oxford County along with
Oxford County are scheduling Special Council meetings to deal with this sole issue of
electronic meetings.
As well, the government is proposing that elected officials be allowed to vote by proxy in
cases determined locally, such as when they are ill or must self-isolate.
While Council will be reviewing/discussing options available for Council meetings on a
go forward basis at the August 10th Council meeting, it is the suggestion from staff that
provision be made in our procedural by-law for electronic meetings now to provide some
flexibility and to be pro-active in case where there are additional waves of COVID-19 or
other illnesses that might present itself. Without making amendments to the Procedural
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CLK 20-28
Page 2 of 3
By-Law now, the consideration and outcome of the same, will prevent us from
conducting the August 10th Council meeting electronically.
Feedback from Council on proxy voting would be appreciated. With the allowance of
electronic voting, staff question if there is a need to permit proxy voting at this time.
The following are the broad elements that are included in the Procedural By-Law as it
relates to electronic meetings:
During such times as a pandemic or emergency situations, electronic meetings
will be permitted;
Members of Council who participate electronically will count towards quorum;
Members of Council can participate electronically in both open and closed
meetings;
Tillsonburg will allow all members to participate electronically or some members
to participate electronically while others may be physically present in the Council
Chambers (or any other location where the meeting is to be held).
Meeting technology shall be determined by the Clerk and such meeting
technology should allow for accessible meetings to the public
It should be noted that meetings held under these new provisions are still required to
follow existing meeting rules including providing notice of meetings to the public,
maintaining meeting minutes, and requiring that meetings are open to the public unless
otherwise authorized to be closed under section 239 of the Municipal Act, 2001.
CONSULTATION – CAO, Ministry of Municipal Affairs and Housing, Clerks in Oxford
County.
FINANCIAL IMPACT/FUNDING SOURCE – N/A
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
1. Excellence in Local Government
☒ Demonstrate strong leadership in Town initiatives
☐ Streamline communication and effectively collaborate within local government
☐ Demonstrate accountability
2. Economic Sustainability
☐ Support new and existing businesses and provide a variety of employment
opportunities
☐ Provide diverse retail services in the downtown core
☐ Provide appropriate education and training opportunities in line with Tillsonburg’s
economy
3. Demographic Balance
☐ Make Tillsonburg an attractive place to live for youth and young professionals
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CLK 20-28
Page 3 of 3
☐ Provide opportunities for families to thrive
☐ Support the aging population and an active senior citizenship
4. Culture and Community
☐ Promote Tillsonburg as a unique and welcoming community
☐ Provide a variety of leisure and cultural opportunities to suit all interests
☐ Improve mobility and promote environmentally sustainable living
ATTACHMENTS
Appendix A – Ministry of Municipal Affairs and Housing Letter July 2020
Appendix B – Ministry Guidance Document – Electronic Participation July 2020
Appendix C – Ministry Guidance Document – Proxy Voting July 2020
Appendix D – Procedural By-law Redlined
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Ministry of Ministère des
Municipal Affairs Affaires municipales
and Housing et du Logement
Municipal Services Office Bureau des services aux municipalités
Western Ontario de l’Ouest de l’Ontario
659 Exeter Road, 2nd Floor 659 Exeter Road, 2e étage
London ON N6E 1L3 London ON N6E 1L3
Tel: 519 873-4020 Tél: 519 873-4020
Toll Free: 1 800-265-4736 Sans frais: 1 800-265-4736
Fax: 519 873-4018 Téléc: 519 873-4018
July 22, 2020
Dear Municipal CAO / Clerk:
I am writing to inform you of recent changes to the Municipal Act, 2001 to provide
municipalities with new permissive authority.
The Government has made changes to expand the authority for municipalities to amend their
procedure by-law to provide that electronic participation in open and closed municipal
meetings may count towards quorum beyond times when an emergency declaration is in
place. Extending the ability for municipalities to hold electronic meetings responds to
feedback we have heard from municipalities that the ability to participate electronically in
municipal meetings during the past months has been beneficial to continue the important
work that municipalities do and has led to increased engagement with members of the public.
In addition, the Government has also passed changes to the legislation to give municipalities
the authority to amend their procedure by-law to allow members of council who are unable to
attend a meeting to appoint a proxyholder to act on their behalf, subject to certain limitations.
For more information on these amendments, please see the attached information sheets.
Both of these initiatives are optional, and it is up to your municipality to decide whether to
provide for electronic participation in meetings and/or proxy appointments and what
arrangements are suitable for your municipality.
If you have questions regarding these new provisions, please let me know.
Kind Regards
Ian Kerr
Regional Director
Municipal Services Office – Western Region
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Electronic Participation in Municipal
Meetings
July 2020
This document is intended to give a summary of complex matters. It does not include all details and does not take into
account local facts and circumstances. This document refers to or reflects laws and practices that are subject to change.
Municipalities are responsible for making local decisions that are in compliance with the law such as applicable statutes
and regulations. This document applies only to those municipalities whose meeting rules are governed by the Municipal
Act, 2001.
This document replaces previous guidance released in March 2020 regarding electronic participation in municipal
meetings during emergencies.
This document, as well as any links or information from other sources referred to in it, should not be relied upon, including
as a substitute for specialized legal or other professional advice in connection with any particular matter. The user is solely
responsible for any use or application of this document.
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Overview
The province has made changes to the Municipal Act to allow members of councils, committees
and certain local boards who participate in open and closed meetings electronically to be counted
for purposes of quorum (the minimum number of members needed to conduct business at a
meeting).
These provisions are optional. Municipalities continue to have the flexibility to determine if they
wish to use these provisions and incorporate them in their individual procedure bylaws.
Municipalities may wish to review their procedure bylaws to determine whether to allow
members to participate in meetings electronically, and whether to take advantage of the new
provisions based on their local needs and circumstances.
What a municipality can do
A municipality can choose to hold a special meeting to amend their procedure bylaw to allow
electronic participation. During this special meeting, members participating electronically can be
counted for the purposes of quorum.
Municipal councils, committees and boards can choose to amend their procedure bylaws to:
• allow the use of electronic participation at meetings
• state whether members can participate in both open meeting and closed meetings
• state whether members participating electronically count towards quorum
It is up to municipalities to determine:
• whether to use these provisions
• the method of electronic participation
• the extent to which members can participate electronically (for example, it is up to
municipalities to decide whether all council members participate electronically or
whether some still participate when physically present in council chambers)
Technology to use for electronic meetings
Municipalities, their boards and committees can choose the technology best suited to their local
circumstances so:
• their members can participate electronically in decision-making
• meetings can be open and accessible to the public
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Municipalities may want to engage with peers who have electronic participation in place to find
out about best practices as they revise their procedure bylaws. Some municipalities may choose to
use teleconferences while others may use video conferencing.
Open meeting requirements
If a municipality chooses to amend their procedure bylaw to allow people to participate
electronically, meetings would still be required to follow existing meeting rules, including that the
municipality:
• provides notice of meetings to the public
• maintains meeting minutes
• continues to hold meetings open to the public (subject to certain exceptions)
The Municipal Act specifies requirements for open meetings to ensure that municipal business is
conducted transparently, and with access for and in view of the public. There are limited
circumstances under the Municipal Act when municipal meetings can be conducted in closed
session.
Rules for local boards
Local boards subject to the meeting rules in the Municipal Act include:
• municipal service boards
• transportation commissions
• boards of health
• planning boards
• many other local boards and bodies
Some local boards may not be covered. For example, police services, lib rary and school boards
have different rules about their meetings, which are found in other legislation.
Municipalities are best positioned to determine whether a local entity is considered a local board.
If in doubt whether a local entity is covered under these rules, municipalities can seek
independent legal advice regarding the status of local entities and whether these new provisions
would apply to them.
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Contact
If you have questions regarding how these new provisions might impact your municipality, contact
your local Municipal Services Office.
• Central Municipal Services Office
Telephone: 416-585-6226 or 1-800-668-0230
• Eastern Municipal Services Office
Telephone: 613-545-2100 or 1-800-267-9438
• Northern Municipal Services Office (Sudbury)
Telephone: 705-564-0120 or 1-800-461-1193
• Northern Municipal Services Office (Thunder Bay)
Telephone: 807-475-1651 or 1-800-465-5027
• Western Municipal Services Office
Telephone: 519-873-4020 or 1-800-265-4736
Additional Resources
• Municipal Act, 2001: https://www.ontario.ca/laws/statute/01m25
• The Ontario Municipal Councillor’s Guide: https://www.ontario.ca/document/ontario-
municipal-councillors-guide-2018
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Proxy Voting for Municipal Council Members
July 2020
This document is intended to give a summary of complex matters. It does not include all details and does not take into
account local facts and circumstances. This document refers to or reflects laws and practices that are subject to change.
Municipalities are responsible for making local decisions that are in compliance with the law such as applicable statutes
and regulations. This document applies only to those municipalities whose meeting rules are governed by the Municipal
Act, 2001.
This document, as well as any links or information from other sources referred to in it, should not be relied upon, including
as a substitute for specialized legal or other professional advice in connection with any particular matter. The user is solely
responsible for any use or application of this document.
Page 12 of 58
Overview
The province is providing municipalities with the flexibility to choose to allow proxy votes for
municipal council members who are absent. This power helps ensure continuing representation of
constituents’ interests on municipal councils when a member is unable to attend in person due to ,
for example, illness, a leave of absence, or the need to practice physical distancing.
Municipalities that wish to allow proxy voting must amend their procedure bylaws to allow a
member of council to appoint another member of the same council to act in their place when they
are absent.
Optional and Flexible
Allowing proxy voting is optional and it is up to each municipality to determine whether to allow
proxies for council and under what circumstances. If a municipal council chooses to allow proxy
voting, it is up to each member to decide whether they wish to appoint a member of tha t council
as a proxy or not if they are to be absent.
Municipalities have the flexibility to determine the scope and extent of proxy appointments
including, for example, any local rules or limitations, the process for appointing or revoking a
proxy, and how proxyholders may participate in meetings. Municipalities may wish to consider:
• how proxies may be established and revoked;
• circumstances where proxies may or may not be used; and
• how a proxyholder may participate in a meeting including voting, speaking, or asking
questions on behalf of the appointing member.
If a municipality chooses to allow proxy voting, it would be the role of the municipal clerk to
establish a process for appointing and revoking proxies. Municipalities may also wish to consider
addressing proxy voting in their code of conduct or other local policies to help ensure that votes
are appropriately cast and that the local process is followed.
Once a proxy has been appointed, the appointing member could revoke the proxy using the
process established by the municipal clerk.
Limitations
Limits to the proxy appointment process are set out in legislation. These include:
• A proxyholder cannot be appointed unless they are a member of the same council as the
appointing member:
o For upper-tiers, this means that a proxyholder has to be a member of the same
upper-tier council as the appointee, regardless of lower-tier membership;
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• A member cannot act as a proxyholder for more than one other member of council at a
time;
• An appointed proxy is not counted when determining if a quorum is present;
• A member appointing a proxy shall notify the municipal clerk of the appointment in
accordance with a local process established by the clerk; and
• When a recorded vote is taken, the clerk shall record the name and vote of every
proxyholder and the name of the member of council for whom the proxyholder is acting.
Council member absence rules still apply. This means that a member’s seat would become vacant
if they are absent from the meetings of council for three successive months without being
authorized to do so by a resolution of council.
Accountability and Transparency
Members appointing proxies or acting as proxyholders are required to follow existing
accountability and transparency requirements. For example, a member may not appoint a proxy
or serve as a proxyholder on a matter in which they have a pecuniary interest under the Municipal
Conflict of Interest Act. Municipalities may also want to consider transparency measures such as:
• communicating to the public who has appointed a proxy and who is serving as a proxy;
• publishing meeting agendas in advance so that proxies can be appointed, if needed, and
potential conflicts of interest can be identified; and
• allowing members to participate electronically when not able to attend meetings in person
rather than appointing a proxy.
For more information about existing accountability and transparency requirements, including the
Municipal Conflict of Interest Act, codes of conduct and the role of the local integrity
commissioner, please see the Municipal Councillor’s Guide.
Contact
If you have questions regarding how these new provisions may impact your municipality, contact
your local Municipal Services Office with the Ministry of Municipal Affairs and Housing.
• Central Municipal Services Office
Telephone: 416-585-6226 or 1-800-668-0230
• Eastern Municipal Services Office
Telephone: 613-545-2100 or 1-800-267-9438
• Northern Municipal Services Office (Sudbury)
Telephone: 705-564-0120 or 1-800-461-1193
• Northern Municipal Services Office (Thunder Bay)
Telephone: 807-475-1651 or 1-800-465-5027
• Western Municipal Services Office
Telephone: 519-873-4020 or 1-800-265-4736
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Additional Resources
• Municipal Act, 2001: https://www.ontario.ca/laws/statute/01m25
• The Ontario Municipal Councillor’s Guide: https://www.ontario.ca/document/ontario-
municipal-councillors-guide-2018
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The Corporation of the Town of Tillsonburg
By-Law 4173 Procedural By-Law
(Last updated: Consolidated By-Law 2020-030: March 20, 2020)
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By-Law 4173 Consolidated
Page 2 of 40
For assistance or to request this document in an alternate format please
contact the Office of the Clerk at 519-688-3009 or clerks@tillsonburg.ca
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By-Law 4173 Consolidated
Page 3 of 40
Contents
PART 1 – INTERPRETATION ........................................................................................ 6
1.1. Definitions .......................................................................................................... 6
1.2. Number and Gender .......................................................................................... 7
1.3. Headings ............................................................................................................ 7
1.4. Legislation .......................................................................................................... 7
1.5. General Meeting Procedure ............................................................................... 8
1.6. Short Title ........................................................................................................... 8
PART 2 – EFFECT .......................................................................................................... 8
PART 3 – ROLE OF COUNCIL AND MAYOR ................................................................ 8
3.1. Role of Council ..................................................................................................... 8
3.2. Role of Mayor ....................................................................................................... 8
3.3. Duty of Members .................................................................................................. 9
PART 4 – COUNCIL MEETINGS .................................................................................. 10
4.1. Meeting Place ..................................................................................................... 10
4.2. Inaugural Meeting of Council .............................................................................. 10
4.3. Regular Council Meetings ................................................................................... 10
4.4. Special Council Meetings ................................................................................... 11
4.5. Closed Council Meetings .................................................................................... 11
4.6. Meeting Agendas ................................................................................................ 12
4.7. Meeting Minutes ................................................................................................. 13
PART 5 – GENERAL MEETING PROCEDURES ......................................................... 14
5.1. Open Meetings ................................................................................................... 14
5.2. Quorum ............................................................................................................... 14
5.3. Electronic Participation ....................................................................................... 14
5.4. Presiding at Meeting ........................................................................................... 14
PART 6 – ORDER OF PROCEDURE FOR REGULAR AND SPECIAL COUNCIL
MEETINGS ................................................................................................................... 15
6.1. Order of Business ............................................................................................... 15
6.2. Opening Procedure ............................................................................................. 16
6.3. Adoption of Agenda ............................................................................................ 16
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By-Law 4173 Consolidated
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6.4. Disclosure of Pecuniary Interest ......................................................................... 16
6.5. Public Meetings .................................................................................................. 17
6.6. Deputations/Delegations ..................................................................................... 17
6.7. Information Items/Correspondence ..................................................................... 18
6.8. Staff Reports or Requests for Staff Reports ....................................................... 19
6.9. Consideration of Committee Minutes and Recommendations ............................ 19
6.10. Motions/Notice of Motions ................................................................................ 19
6.11. By-laws ............................................................................................................. 20
6.12. Items of Public Interest ..................................................................................... 20
6.13. Confirm Proceedings By-law............................................................................. 21
6.14. Adjourn ............................................................................................................. 21
PART 7 – ORDER OF PROCEDURE FOR CLOSED COUNCIL MEETINGS .............. 21
7.1. Meeting Agenda for Closed Council Meetings .................................................... 21
7.2. Opening Procedure for Closed Council Meetings ............................................... 21
7.3. Disclosure of Pecuniary Interest at Closed Council Meetings ............................. 22
7.4. Procedures for Closed Council Meetings ............................................................ 22
PART 8 – RULES OF PROCEDURE FOR COUNCIL MEETINGS ............................... 22
8.1. Duties of the Presiding Officer ............................................................................ 22
8.2. Rules of Decorum ............................................................................................... 23
8.3. Rules Respecting the use of Electronic Devices by the Public ........................... 25
8.4. Rules of Procedure Respecting Motions ............................................................. 25
8.5. Rules of Procedure Respecting Reconsideration ............................................... 28
8.6. Voting on Motions ............................................................................................... 28
8.7. Rules of Debate .................................................................................................. 30
8.6. Point of Order ..................................................................................................... 31
8.7. Point of Personal Privilege .................................................................................. 32
8.8. Expulsion for Improper Conduct ......................................................................... 33
8.9. Suspension of the Rules ..................................................................................... 33
PART 9 – NOTICE ........................................................................................................ 34
9.1. Purpose .............................................................................................................. 34
9.2. Notice of Council Meetings ................................................................................. 34
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By-Law 4173 Consolidated
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9.3. Notice of Proposed Municipal Action .................................................................. 35
9.4. Notice – General ................................................................................................. 35
PART 10 – PROCESS TO FILL A VACANT SEAT ON COUNCIL ............................... 35
10.1. Process to Fill a Vacant Seat on Council .......................................................... 35
PART 11 – PROCESS TO APPOINT AN ALTERNATE MEMBER ............................... 37
11.1. Upper-Tier Alternate Member ........................................................................... 37
PART 12 – PROCESS TO APPOINT A DEPUTY MAYOR ........................................... 38
12.1 Deputy Mayor Position ....................................................................................... 38
PART 13 - GENERAL PROVISIONS ............................................................................ 38
13.1. Conflict with other Acts ..................................................................................... 38
13.2. Severability ....................................................................................................... 39
13.3. Amendment ...................................................................................................... 39
13.4. Repeal .............................................................................................................. 39
13.5. Force and Effect ............................................................................................... 39
Addendum “A” ........................................................................................................... 40
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By-Law 4173 Consolidated
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The Corporation of the Town of Tillsonburg
By-Law 4173
A By-Law to Provide Rules Governing the Calling, Place and Proceedings of
Meetings of Council, Local Boards and Committees and the Conduct of its
Members.
WHEREAS Section 238 (2) of the Municipal Act, 2001, S.O. 2001. c. 25, as amended
(the “Municipal Act”) requires that every municipality pass a procedure by-law for
governing the calling, place and proceedings of meetings;
NOW THEREFORE, the Council of The Corporation of the Town Tillsonburg hereby
enacts as follows:
PART 1 – INTERPRETATION
1.1. Definitions
Where a word is used in this By-law with its first letter capitalized, the term is being used
as it is defined in this section. Where a word appears in ordinary case, its regularly
applied meaning in the English language is intended.
(1) “Chief Administrative Officer” means the Chief Administrative Officer of the
Town of Tillsonburg, as referred to in Section 229 of the Municipal Act.
(2) “Town Clerk” means the Municipal Town Clerk of the Town of Tillsonburg as
appointed pursuant to Section 228 of the Municipal Act.
(3) “Committee” means any standing, advisory or other committee, subcommittee
or similar entity established by Council.
(4) “Council” means the Municipal Council of the Town of Tillsonburg.
(5) “Electronic Participation” means that a member of council, a local board or
committee of either of them, can participate electronically in a meeting which is
open to the public to the extent and in the manner set out in the by-law. The
member shall not be counted in determining whether or not a quorum of
members is present at any point in time. Electronic participation by a member of
council, local board or committee of either of them shall not be permitted for
closed meetings.
(6) “Electronic Device” means computers, cellular telephones, smartphones,
personal digital assistants, smartwatches, tablets, voice recorders; cameras; two-
way radios or any other similar device;
(7) “Local Board” means any board established by Council but does not include the
Police Services Board.
(8) “Mayor” means the Mayor of the Town of Tillsonburg.
(9) “Meeting” means any regular, special or other meetings of council, of a local
board or of a committee of either of them, where a quorum is present and
members discuss or otherwise deal with any matter in a way that materially
advances the business or decision making of the council, local board or
committee.
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By-Law 4173 Consolidated
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(10) “Member” means any member of Council, a Local Board or a Committee of the
Town of Tillsonburg.
(11) “Newspaper” means a printed publication in sheet form, intended for general
circulation in the Town of Tillsonburg, published regularly at intervals of no longer
than one week, consisting in great part of news of current events of general
interest.
(12) “Official” or “Staff” means any employee or officer employed by the Town of
Tillsonburg and any person appointed, elected or an agent of the Town of
Tillsonburg including a person presiding over a company's board of directors, a
committee, a debate, or an administrative department.
(13) “Presiding Officer” means the Mayor of the Town of Tillsonburg or in the
Mayor’s absence the Deputy Mayor or any member appointed to act as Chair for
the meeting.
(14) “Recorded Vote” means the recording by the Town Clerk in the minutes, the
name and vote of every Member on any matter or question.
(15) “Rules” means the rules of procedure and order as set out in this By-law.
(16) “Substantive Motion” means any motion, except a motion to:
a. recess;
b. postpone;
c. refer;
d. extend the meeting;
e. close debate;
f. rise and report;
g. change the order of business;
h. adjourn; or
i. any other procedural rule incidental to the proceedings of the meetings at
that time.
(17) “Town” means The Corporation of the Town of Tillsonburg or its geographic
boundaries as the situation requires.
1.2. Number and Gender
Wherever this By-law refers to a person or thing with reference to gender or the gender
neutral, the intention is to read the By-law with the gender applicable to the
circumstances. References to items in the plural include the singular, as applicable.
1.3. Headings
Headings are inserted for ease of reference only and are not to be used as
interpretation aids.
1.4. Legislation
Specific references to law in this By-law are printed in Italic font and are meant to refer
to the current laws applicable within the Province of Ontario as at the time the By-law
was enacted, as they are amended from time to time. In all cases, the reference
includes the statute, as amended from time to time, including successor legislation.
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By-Law 4173 Consolidated
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1.5. General Meeting Procedure
In any matter of procedure for which provision is not made in this By-law, the procedure
to be followed shall be, as near as may be applied to the procedure followed in Robert’s
Rules of Order, 11th Edition.
1.6. Short Title
This By-law may be referred to as the “Procedural By-law”.
PART 2 – EFFECT
2.1. Except as otherwise provided in this By-law, the provisions of this By-law shall be
observed in all Meetings of Council and by its Members, and shall constitute the
rules for the order and dispatch of business by Council and its Members.
PART 3 – ROLE OF COUNCIL AND MAYOR
3.1. Role of Council
(1) It is the role of Council to:
a. represent the public and to consider the well-being and interests of the
Town;
b. develop and evaluate the policies and programs of the Town;
c. determine which services the Town shall provide;
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 accountability and transparency of the operations of the
Town, including the activities of senior management of the Town;
f. maintain the financial integrity of the Town; and
g. carry out the duties of Council as set out in the Municipal Act, and any
other Act.
3.2. Role of Mayor
(1) It is the role of the Mayor to:
a. act as chief executive officer of the Town;
b. preside over Council meetings so that its business can be carried
out efficiently and effectively;
c. provide leadership to Council;
d. without limiting clause (c), provide information and recommendations to
Council with respect to the role of Council described in the Municipal Act,
clauses 224 (d) and (d.1);
e. represent the Town at official functions;
f. carry out the duties of the Mayor under this By-law, the Municipal Act and
any other Act; and
g. represent the Town at County of Oxford Council meetings. Council may
appoint one of its members as an alternate member of the upper-tier
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council, to act in place of the Mayor who is a member of the council of the
local municipality and its upper-tier municipality, when the Mayor is unable
to attend a meeting of the upper-tier council for any reason.
(2) As chief executive officer, the Mayor shall:
a. uphold and promote the purposes of the Town;
b. promote public involvement in the Town’s activities;
c. act as representative of the Town both within and outside the Town, and
promote the Town locally, nationally and internationally; and
d. participate in and foster activities that enhance the economic, social and
environmental well-being of the Town and its residents.
(3) The Mayor may assign or delegate any of the duties of the Mayor to the
Deputy Mayor, if elected or any Councillor from time to time, according to
such terms and conditions as the Mayor may define, and the Councillor shall
carry out such duties with care and diligence.
3.3. Duty of Members
(1) It shall be the duty of Members to:
a. attend all Council Meetings;
b. prepare for meetings, including reviewing meeting agendas and
background information prior to the meeting to allow for discussion and
determination of action at the meeting. Members are encouraged to make
inquiries of staff regarding the materials supplied in advance of the
meeting;
c. speak to only the subject under debate;
d. vote on all motions before Council unless prohibited from voting by law;
e. observe the Rules at all meetings;
f. speak through the Presiding Officer at all meetings;
g. support Council and not criticize any decision of the Council except for the
purpose of moving that the question be reconsidered or repealed;
h. attend all meetings of committees and local boards to which the Member
has been appointed by Council;
i. carry out the duties set out in the Municipal Act and all other applicable
Acts;
j. act in accordance with their Declaration of Office;
k. shall not direct or interfere with the performance of any work for the
municipality; and
l. adhere to the Council Code of Conduct at all times.
(2) No Member shall divulge to any person any information that pertains to any
aspect of any discussion or direction of Council that was given or provided at
a closed Meeting of Council.
(3) Should any Councillor be unable to perform any of their duties for an
extended period of time, the Councillor shall advise the Mayor forthwith, and
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in the case of the Mayor being unable to perform any of his/her duties for an
extended period of time, the Mayor shall advise Council.
(4) Members shall abide by the Code of Conduct, By-Law 3979, or current
version thereof, at all times.
PART 4 – COUNCIL MEETINGS
4.1. Meeting Place
(1) Council Meetings shall be held in the Council Chambers adopted and used by
the Council from time to time for such purpose or any other locations
identified by Council. Despite the foregoing, the Mayor may authorize a
special Council Meeting to be held at a location other than the Council
Chambers currently adopted.
(2) Where the Council Chambers currently adopted are not available for a
meeting due to an unforeseen circumstance or due to renovation or similar
impediment, the Mayor shall designate another location that is accessible to
the public for purposes of holding Council Meetings.
4.2. Inaugural Meeting of Council
(1) The Inaugural Meeting of Council shall be held commencing at 6:00 p.m. on
the first Monday in December of an election year unless such Monday is not
practicable, in which case the Inaugural Meeting shall be held at a time and
date set by the Town Clerk in consultation with the incoming Council but not
later than the second Monday in December.
(2) With respect to the 2018 regular election, the term of office shall begin on
December 1, 2018 and end on November 14, 2022. For subsequent terms of
office, the Inaugural Meeting of Council shall be held on the first Monday
following the commencement of the term at 6:00 p.m. unless such a day is
not practicable, in which case the Inaugural Meeting shall be held at a time
and date set by the Town Clerk in consultation with the incoming Council.
(3) At the Inaugural Meeting, Members shall take the Declaration of Office.
4.3. Regular Council Meetings
(1) Regular Council Meetings shall be held on the 2nd and the 4th Mondays of
each month, except in the month of July, August and December or as
otherwise set by Council from time to time.
(2) Regular Council Meetings shall commence at 6:00 p.m. except as otherwise
set by Council from time to time.
(3) A member of Council shall not be permitted to participate electronically in a
meeting
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(4) Where a conflict between the scheduled date or time of a Regular Council
Meeting and another event of significance arises, the Town Clerk in
consultation with the Mayor may cancel the Council Meeting or reschedule
the meeting to a different date or time of commencement provided that
adequate notice of the change is posted pursuant to the notice of meeting
provisions.
4.4. Special Council Meetings
(1) Special Council Meetings may be held from time to time and may be initiated
by:
a. the Mayor;
b. a petition or a vote of the majority of the Council Members; or
c. the Town Clerk, in consultation with the Chief Administrative Officer.
(2) The date, time, and location of a Special Council Meeting shall be set by the
Town Clerk in consultation with the Mayor or by petition or vote of the majority
of the Members.
(3) No business except the business dealing directly with the items listed on the
meeting agenda shall be transacted at a Special Council Meeting.
4.5. Closed Council Meetings
(1) A Closed Council Meeting is a meeting of Council from which members of the
public shall be excluded, and shall be held in accordance with the provisions
of this By-law and the Municipal Act.
(2) A member of Council shall not be permitted to participate electronically in a
meeting which is closed to the public.
(3) Closed Council Meetings may be initiated by:
a. the Mayor;
b. petition or vote of the majority of the Members; or
c. the Town Clerk, in consultation with the Chief Administrative Officer.
(4) The date, time, and location of a Closed Council Meeting shall be set by the
Town Clerk in consultation with the Mayor or by petition or vote of the majority
of the Members.
(5) Prior to holding a Closed Meeting, Council shall state by way of resolution the
fact that a closed meeting will be held and the general nature of the matter to
be considered at the closed meeting.
(6) A Closed Council Meeting may be held if the subject matter being considered
relates to:
a. the security of the property of the Town;
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b. personal matters about an identifiable individual, including Town employees;
c. a proposed or pending acquisition or disposition of land by the Town;
d. labour relations or employee negotiations;
e. litigation or potential litigation, including matters before administrative
tribunals, affecting the Town;
f. advice that is subject to solicitor-client privilege, including communications
necessary for that purpose;
g. a matter in respect of which Council may hold a closed meeting under another
Act;
h. consideration of a request under the Municipal Freedom of Information and
Protection of Privacy Act. This applies if the council, board, commission or
other body is the head of an institution for the purposes of that Act;
i. an ongoing investigation respecting the municipality, a local board or a
municipally-controlled corporation by the Ombudsman appointed under
the Ombudsman Act;
j. information explicitly supplied in confidence to the municipality or local board
by Canada, a province or territory or a Crown agency of any of them;
k. a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of a person, group of persons, or organization;
l. a trade secret or scientific, technical, commercial or financial information that
belongs to the municipality or local board and has monetary value or potential
monetary value; or
m. a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board; or
n. education or training of the Members, and at the meeting no Member
discusses or otherwise deals with any matter in a way that materially
advances the business or decision-making of the Council, local board or
committee;
(7) No matter except the matters so identified in the motion authorizing the
Closed Council Meeting shall be transacted at that meeting.
(8) No decisions shall be made in closed Council Meetings.
(9) Council may provide staff direction.
4.6. Meeting Agendas
(1) The Town Clerk shall make available to each Member a meeting agenda for
each Council Meeting. An electronic copy of the agenda shall be sent by the
Town Clerk, or designate, to each Member of Council:
a. in the case of Regular Council Meeting, no less than 4 days before the
date appointed for the holding of such meeting; and
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b. in the case of Special and Closed Council Meetings, no less than 48
hours before the hour appointed for the holding of such meeting.
(2) In preparing a meeting agenda, the Town Clerk shall consult with the Mayor
and the Chief Administrative Officer, and shall reflect the direction of the
Mayor and the Chief Administrative Officer in finalizing the meeting agenda.
(3) At the direction of the Mayor, the Town Clerk may provide a meeting agenda
for a Special Council Meeting or a Closed Council Meeting at the meeting
where time constraints do not allow the meeting agenda to be provided to the
Members at least 48 hours before the hour appointed for the holding of such
meeting.
(4) As soon as possible after a meeting agenda has been provided to Members,
with the exception of agendas for Closed Council Meetings, the Town Clerk
shall make the meeting agenda available to the public, and shall:
a. maintain copies of the meeting agenda in the Town Clerk’s office for use
by the public;
b. post the meeting agenda on the Town’s website; and
c. ensure that the meeting agenda is available to any of the local news
media or members of the public who have requested a copy of the same.
4.7. Meeting Minutes
(1) The Town Clerk shall prepare and maintain minutes of all Council Meetings,
to include:
a. the date, time and place of the Council Meeting;
b. the names of Presiding Officer or Officers and record of attendance of the
Members;
c. the names of the staff members and consultants present at any meeting;
d. the names of members of the public who spoke or presented at a
statutory public meeting as required by any Act and the names of
members of the public who spoke or appeared as Delegations or in Open
Forum, if applicable;
e. the reading, if requested, correction and adoption of the minutes of prior
Council Meetings; and
f. without note or comment, all resolutions, decisions and other proceedings
of the Council Meeting, whether the Meeting is closed to the public or not.
(2) The Town Clerk shall maintain a record of all minutes of Council Meetings in
the Town Clerk’s office and upon approval of the same by Council which, with
the exception of minutes of Closed Council Meetings, shall be available for
public viewing and shall be posted on the Town’s website.
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PART 5 – GENERAL MEETING PROCEDURES
5.1. Open Meetings
Except as authorized under any Act, all Council Meetings shall be open to the public.
5.2. Quorum
(1) A majority of the whole number of the Members required to constitute Council is
necessary to form a quorum, except as may otherwise be authorized pursuant to
the provisions of the Municipal Conflict of Interest Act.
(2) If no quorum is present within fifteen (15) minutes after the time appointed for a
Council Meeting, the Town Clerk shall record the names of the Members present
and the meeting shall stand adjourned.
5.3. Electronic Participation
(1) A member of council, of a local board or of a committee of either of them, may
not participate electronically in a meeting which is open to the public.
(2) Electronic Participation by Council/Committee members during meetings is
permitted during any period where an emergency has been declared to exist in
all or part of the municipality under section 4 or 7.0.1 of the Emergency
Management and Civil Protection Act. This includes both open meetings and
closed meetings and members participating electronically will count towards
quorum.
(1) Electronic meetings for both open and closed meetings will be permitted in the
following circumstances: during a pandemic and in certain emergency situations.
(2) Members of Council who participate electronically will count towards quorum.
(3) All members of Council may participate electronically or some members may
participate electronically while other members may be present in the Council
Chambers or an alternative Council meeting space.
(4) The Meeting method or technology shall be determined by the Clerk and such
meeting technology should allow for accessible meetings to the public.
5.4. Presiding at Meeting
(1) Except as otherwise provided in this By-law, the Mayor shall preside at all
Council Meetings.
(2) In the case of the absence of the Mayor, or if he is absent through illness, or he
refuses to act or his office is vacant, or declares a conflict of interest (any of the
foregoing hereinafter referred to as "absent"), the Deputy Mayor shall act in the
place and stead of the Mayor, save that should the Mayor and the Deputy Mayor
be absent, then in alphabetical order by surname, a Member of Council shall
assume the position of Presiding Officer.
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(3) The Deputy Mayor or any Council Member acting in the place and stead of the
Mayor shall have all the rights, powers and privileges of the Presiding Officer.
PART 6 – ORDER OF PROCEDURE FOR REGULAR AND SPECIAL
COUNCIL MEETINGS
6.1. Order of Business
(1) The Town Clerk shall cause to be prepared for Regular and Special Council
Meetings a meeting agenda that conforms to the following order of business:
1. Call to Order
2. Closed session (if necessary) Motion to go into closed
3. Adoption of Agenda
4. Moment of Silence (if necessary)
5. Disclosure of Pecuniary Interest and the General Nature Thereof
6. Adoption of Minutes of Previous Meeting
7. Public Meetings
8. Planning Applications
9. Presentations
10. Delegations
11. Deputation(s) on Committee Reports
12. Information Items
13. Staff Reports
14. New Business
15. Consideration of Committee Minutes
16. Motions/Notice of Motions
17. Resolutions/Resolutions Resulting from Closed Session
18. By-laws
19. Confirm Proceedings By-law
20. Items of Public Interest
21. Adjourn
(2) Council may, at any point within a Council Meeting, adopt a motion to go into
closed session to consider matters in accordance with the provisions of Part
4.5(6) of this By-law.
(3) Council shall dispense with the business of Council in the order by which it is
presented in the meeting agenda, except Council may, by consent, change the
order of business.
(4) For Special Council Meetings, the Town Clerk may dispense with any one or
more agenda items 2 and 6 through 17 inclusive as set out in Part 6.1(1) of this
By-law.
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6.2. Opening Procedure
(1) As soon after the appointed time of the Council Meeting as there shall be a
quorum present, the Mayor or such other Presiding Officer appointed as set out
in Part 5.4 of this By-law shall take the Chair and call the Members to order.
6.3. Adoption of Agenda
(1) Where an item is not on the agenda but due to its urgent nature requires Council
consideration at the Council Meeting, Council may add the item to the agenda by
resolution.
(2) Items added to the agenda by resolution shall be placed under New Business for
consideration.
6.4. Disclosure of Pecuniary Interest
(1) Where a Member has a pecuniary interest pertaining to any item listed on a
meeting agenda, the Member shall so disclose the pecuniary interest and the
general nature thereof, in writing, and the Town Clerk shall record the declaration
in the minutes. A member is prohibited from partaking in the discussion of or
vote on any question of the matter or attempt in any way before, during or after
the meeting to influence the voting on any such question. The exception to this
rule applies if the matter under consideration at a meeting or a part of a meeting
is to consider whether to suspend the remuneration paid to the member. In this
case, the member may take part in the discussion of the matter, including making
submissions to council or the local board as the case may be and may attempt to
influence the voting on any question in respect of the matter, whether before,
during or after the meeting however a member is not permitted to vote on any
question in respect of the matter.
(2) Members shall disclose any pecuniary interest and the general nature thereof
with respect to any item discussed at a Closed Council Meeting or at a previous
Council Meeting at which the Member was absent, and shall provide such
declaration in writing to the Town Clerk, and the Town Clerk shall record the
declaration in the minutes.
(3) During a Council Meeting, should a matter be raised that is not listed on the
meeting agenda for which a Member has a pecuniary interest, the Member shall
so declare such interest and the general nature thereof at that time, and the
Town Clerk shall record the declaration in the minutes.
(4) A member is required to file a written statement with the Town Clerk after the
member discloses a pecuniary interest. Addendum “A”. The statement shall
include the item(s) on the Agenda to which a pecuniary interest applies; the
reason(s) for the pecuniary interest; the date & time; and signature of the
member.
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(5) The Town Clerk shall maintain a public registry of the pecuniary interests
declared and file the written statements received in accordance with the Town’s
record’s management policy. A copy of the registry shall be made available for
public inspection on the Town website and through the Town Clerk’s Office.
6.5. Public Meetings
(1) Where Council is required by law to hold a public meeting, or otherwise has
resolved to hold a public meeting, such a meeting may be conducted at a
Regular or Special Council Meeting.
(2) The Town Clerk shall ensure that public meetings are incorporated in the
meeting agenda as appropriate to address any requirements of law as may
apply.
(3) During a public meeting, any person wishing to address Council may come
forward when prompted by the Presiding Officer, and such person shall address
Council according to the same rules as apply to Delegations appearing before
Council under this By-law, except that:
a. prior notice of one’s desire to speak shall not be required; and
b. a motion need not be considered by Council following each presentation.
6.6. Deputations/Delegations
(1) Persons desiring to present information verbally on matters of fact shall make a
request in writing to the Town Clerk no later than 4:30 p.m. on the Wednesday
preceding the date of the next Regular Council Meeting. A Delegation Request
Form is available on the Town’s website for submission to the Town Clerk. The
request shall include a brief with sufficient details to reveal the nature of
presentation and decision or action being requested of Council.
(2) Persons wishing to appear as a Deputation and who are not listed on the agenda
may submit a written request, including the item on the agenda they wish to
speak to, to the Town Clerk no later than 12:00 p.m. on the day of the Council
Meeting. The Town Clerk shall add the name to the Council Deputation Register
which shall be circulated to Council prior to the commencement of the meeting.
(3) Persons appearing as a Deputation shall be limited to a maximum of fifteen (15)
minutes speaking time which shall include questions from Council. Council shall
not debate requests from Delegations until staff information has been provided at
a subsequent meeting.
(4) Any person or deputation wishing to show an electronic presentation for Council
at a public meeting shall be required to furnish same to the Town Clerk by no
later than 2:00 p.m. on the Friday prior to the Council meeting.
(5) Council may refuse to hear Delegations when, in the opinion of the Council, the
subject of the presentation is beyond the jurisdiction of the Town of Tillsonburg,
the subject matter or content of the presentation is deemed frivolous, vexatious,
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offensive, threatening in nature or relates to litigation or potential litigation. No
person will be permitted to address Council with respect to labour/management
disputes, nor will a brief respecting such disputes be listed on a Council agenda,
although a written submission by any person with respect to labour negotiations
or labour management disputes may be distributed to the Members for
information purposes.
(6) Persons expressing different points of view on any matter shall be permitted but
in order to avoid repetition, Council may decline to hear a repetition of a point of
view already expressed.
(7) No person shall be allowed to appear before Council a second or subsequent
time to address the same subject matter unless; the person is providing new
information.
(8) No person or delegation shall be permitted to address Council with respect to a
subject matter that Council, in accordance with subsections 239 (2), (3) and (3.1)
of the Municipal Act determines should be considered in a Council meeting that
is closed to the public.
(9) During or following a Deputation, Members may ask specific questions relating to
the presentation for the purpose of clarification without statement or comment.
Members shall not engage in debate with delegates.
(10) Following a Deputation, Council shall adopt a motion:
a. to receive the Deputation as information;
b. to refer the information received to another item listed on the meeting
agenda;
c. to refer the information received to a Committee, Local Board or Town staff
for a report; or
d. to refer the information received to New Business for consideration.
6.7. Information Items/Correspondence
(1) Items of correspondence or other forms of written communication intended to be
presented to Council on the meeting agenda, including petitions:
a. shall be legibly written or printed;
b. shall not contain any obscene or improper language; and
c. shall contain the signature of at least one person.
(2) To be eligible to appear on a meeting agenda, items of correspondence shall be
received by the Town Clerk no later than 4:30 p.m. on the Tuesday preceding the
date of the next Regular Council Meeting. Notwithstanding the foregoing, items of
correspondence received after this time may be added to the meeting agenda by
addendum where such item of correspondence is germane to a matter of
business that is on the Meeting agenda or is of a time-sensitive nature.
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(3) Upon consideration of any item of correspondence, Council may adopt a motion
to:
a. receive the item of correspondence as information;
b. refer the item of correspondence to another item listed on the meeting
agenda;
c. refer the item of correspondence to a Committee, Local Board or Town staff
for a report; or
d. may consider a substantive(applicable) motion with respect to the same.
(4) The meeting agenda shall include under the Correspondence for Information
items, matters that are principally for the information of Council and that do not
by necessity require action or response from Council. Council may receive
information items by one motion, but prior to consideration of such motion,
Members may request that specific items be removed from consideration under
such motion and Council shall consider such items individually.
(5) Items of correspondence shall be directed to Council and added to an agenda by
Town Staff as requested by individual Councillors.
6.8. Staff Reports or Requests for Staff Reports
Any Member may request Staff to prepare a report pertaining to any issue. Council by
resolution shall direct staff as requested and shall provide direction as to when the
report is required to be presented.
6.9. Consideration of Committee Minutes and Recommendations
The Town Clerk shall ensure that minutes of all Local Boards and Committees are
placed on a Regular Council Meeting agenda as soon as practicable. Council shall
receive the minutes by resolution. All recommendations contained within those minutes
requiring Council action will be presented by the Committee Chair or his/her designate
under Delegations on Committee Reports and/or by way of a Staff report.
6.10. Motions/Notice of Motions
(1) The Town Clerk shall ensure that proposed motions, for which Notice of Motion
has been given, are included in full in the meeting agenda.
(2) Any Member may provide notice of his/her intent to introduce a motion for the
consideration of Council at the next Regular Council Meeting by:
a. filing with the Town Clerk in writing, no later than 4:30 p.m. on the Tuesday
preceding the date of a Regular Council Meeting, a motion that the Member
intends to put forward for consideration at the Council Meeting, and such
motion shall be included in full on the meeting agenda; or
b. giving notice to Council during Notice of Motions that the Member intends at
the next Regular Council Meeting to introduce a motion with respect to a
matter so declared.
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(3) Any motion may be introduced without providing notice of motion if Council
dispenses with notice by a two-thirds vote.
6.11. By-laws
(1) Under By-laws, the meeting agenda shall list all proposed by-laws to be placed
before Council for consideration.
(2) No By-laws except a by-law to confirm the proceedings of council shall be
presented to Council unless the subject matter thereof has been previously
considered and recommended to Council, unless such by-law is of an
administrative nature and/or authorized by the Chief Administrative Officer or
designate.
(3) All proposed by-laws shall be in typewritten form, numbered, and shall contain no
blanks except as may be required to conform to accepted procedure or to comply
with the provisions of any Act.
(4) The procedure for consideration and enactment of by-laws shall be as follows:
a. every proposed by-law listed on the agenda shall be considered by Council
for enactment by one main motion, unless a by-law is to be received for first
and second reading only, in which case such a by-law will be considered
separately. Additionally, any Member may request that a proposed by-law be
considered separately from other by-laws under consideration, and without
debate or right of appeal. The Presiding Officer shall remove the proposed by-
law from the motion to enable the said by-law to be considered for enactment
separately;
b. following voting on the main motion, Members may discuss any by-law
removed from the main motion and Council may entertain motions to amend
any provision of any proposed by-law, and where a motion is adopted to
amend a by-law that was removed from the main motion, the proposed by-
law shall be amended accordingly before being placed before Council for
enactment; and
c. In accordance with Town policy, a by-law may be given three readings, unless
two readings are required to accommodate notice provisions and returned for
third and final reading at an upcoming meeting of council.
6.12. Items of Public Interest
(1) Under Items of Public Interest, Members may verbally introduce information
respecting special events, meetings, notices, or declarations that are considered
to be of general interest to the community.
(2) Any person or organization wishing to have the Mayor or any Member make an
announcement respecting a special event, meeting, notice, declaration or
proclamation shall forward such request to the office of the Mayor no later than
4:30 p.m. on the Tuesday preceding the date of the next Regular Council
Meeting, and such request shall:
a. be legibly written or printed;
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b. clearly specify the nature of the requested announcement; and
c. contain the signature of at least one person who is making the request;
but the Mayor shall be under no obligation to make any announcement so
requested.
(3) No business or new business shall be considered by Council during Items of
Public Interest.
6.13. Confirm Proceedings By-law
Council shall adopt a by-law to confirm the proceedings respecting the actions taken by
Council with respect to each report, motion, resolution or other action taken by Council
at a Council Meeting, and such by-law may be enacted by one motion that is not
amendable or debatable.
6.14. Adjourn
Council Meetings shall adjourn no later than the hour of 10:30 p.m. If in session at that
time, a two-thirds vote of the Members present shall be required in order for the meeting
to continue past the hour of 10:30 p.m.
PART 7 – ORDER OF PROCEDURE FOR CLOSED COUNCIL
MEETINGS
7.1. Meeting Agenda for Closed Council Meetings
(1) The Town Clerk shall prepare for the use of the Members at Closed Council
Meetings an agenda that conforms to the following order of business:
1. Call to Order
2. Disclosure of Pecuniary Interest and the General Nature Thereof
3. Approval of Closed Minutes of previous meeting (if necessary)
4. Items for Consideration
5. Adjournment
(2) Where Council elects to go into a closed session in the midst of a Regular or
Special Council Meeting, the Call to Order is not necessary and the Adjournment
will be a motion to return to Regular Session. The motion will include the time at
which the Closed session adjourned.
7.2. Opening Procedure for Closed Council Meetings
(1) As soon after the appointed time of the Meeting as there shall be a quorum
present, the Mayor or such other Presiding Officer appointed as set out in Part
5.4 of this By-law shall take the Chair and:
a. call the Members to Order; and
b. request that Council consider a motion to go into closed session.
(2) The opening procedure shall be conducted in open session.
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(3) Prior to going into closed session, Council shall adopt a resolution stating the fact
of holding a closed meeting and setting out the general nature of the matter or
matters to be considered at the closed meeting.
7.3. Disclosure of Pecuniary Interest at Closed Council Meetings
(1) Any Member, prior to any consideration of any matter at a Closed Council
Meeting, shall disclose any pecuniary interest and the general nature thereof with
respect to any item on the meeting agenda, and shall provide such declaration, in
writing, to the Town Clerk, and the Town Clerk shall record the declaration in the
minutes.
(2) Any Member shall disclose any pecuniary interest and the general nature thereof
with respect to any item discussed at a previous Closed Council Meeting at
which the Member was absent, and shall provide such declaration to the Town
Clerk, and the Town Clerk shall record the declaration in the minutes.
(3) Any Member declaring a pecuniary interest in any matter under consideration in
a Closed Council Meeting shall leave the meeting room during the time Council
considers the matter. The exception to this rule applies if the matter under
consideration at a meeting or a part of a meeting is to consider whether to
suspend the remuneration paid to the member. In this case, the member may
attend the meeting or part of the meeting during which the matter is under
consideration.
7.4. Procedures for Closed Council Meetings
(1) The Rules governing the procedure of Council and the conduct of Members shall
be observed in Closed Meetings, with the necessary modifications.
(2) No matter shall be discussed at a Closed Council Meeting that is not consistent
with the motion to go into closed session adopted during the opening procedure.
(3) If a matter arises in a Closed Meeting that a Member feels is not appropriate to
consider in closed session, the Member shall be provided the opportunity to
explain his/her reasons and to persuade Council to have the matter discussed in
an open Council Meeting.
Where, following such endeavour the majority of Council believes the matter is to
be considered in closed session, the Member may withdraw from the meeting
room during consideration of the matter, and the Town Clerk shall so note in the
minutes.
PART 8 – RULES OF PROCEDURE FOR COUNCIL MEETINGS
8.1. Duties of the Presiding Officer
(1) It shall be the duty of the Presiding Officer to:
a. open the meeting by taking the Chair and calling the Members to order;
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b. announce the business before Council in the order in which it is to be acted
upon;
c. allow debate on all matters prior to the motion being placed on the floor;
d. receive and submit, in the proper manner, all motions presented by the
Members;
e. put to a vote all questions which are duly moved, or arise in the course of
proceedings, and to announce the result;
f. decline to put to a vote all questions that infringe upon the Rules;
g. restrain the Members, within the Rules, when engaged in debate;
h. enforce on all occasions the observance of order and decorum among the
Members;
i. order any Member persisting in breach of the Rules to vacate the meeting
place in accordance with the Rules;
j. may expel any person present at a meeting who speaks or makes a noise or
behaves in a disorderly or improper manner or otherwise disturbs or interrupts
the proceedings of the meeting;
k. authenticate, by signature when necessary, all by-laws and resolutions;
l. inform Council, when necessary or when referred to for that purpose, of a
ruling on a point of order, a point of personal privilege, or of a breach of the
assembly’s privileges;
m. represent and support Council declaring it’s will, and implicitly obeying its
decisions in all things;
n. ensure that the decisions of Council are in conformity with the laws and by-
laws governing the activities of Council;
o. recess the meeting where necessary in accordance with the Rules;
p. call for adjournment of the meeting when the business is concluded; and
q. adjourn the meeting without question in the case of a grave disorder.
8.2. Rules of Decorum
(1) No Member shall:
a. speak disrespectfully of the Reigning Sovereign, or of any member of the
Royal Family, or of the Governor-General, the Lieutenant-Governor of any
Province, or any Member of the Senate, the House of Commons of Canada
or the Legislative Assembly of the Province of Ontario;
b. use offensive words or un-parliamentary language in or against any Member
or staff, or to speak disrespectfully of any Member or staff;
c. engage in a private conversation during the Council Meeting which disrupts
the proceedings of council;
d. speak on any subject other than the subject in debate;
e. criticize any decision of the Council except for the purpose of moving that the
question be reconsidered;
f. disobey the Rules;
g. disobey the rulings of the Presiding Officer or of the Council on questions
respecting the interpretation or application of the Rules except for the purpose
of appealing the decision in accordance with the Rules.
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(2) No Member shall speak until recognized by the Presiding Officer. All Members
shall speak directly into their microphone to ensure all those in attendance can
hear the Member’s comments.
(3) No person except Members and Officials shall be allowed to come within the
horseshoe during a Council Meeting without permission of the Presiding Officer
or the Council upon reference.
(4) No person, other than a Member or an Official, shall, before or during a Council
Meeting, place on the desks of Members or otherwise distribute any material
whatsoever unless such person is so acting with the approval of the Mayor or the
Presiding Officer as applicable.
(5) When the Presiding Officer is putting a question to a vote, no Member shall leave
or make a disturbance.
(6) If any Member of the Council desires to leave a Council Meeting prior to the
adjournment thereof and not return, the Member shall so advise the Presiding
Officer and the Member’s departure and the time thereof shall be recorded in the
minutes.
(7) Should Council not maintain a quorum due to the departure of one or more
Members prior to the adjournment of a Council Meeting, the Town Clerk shall
declare the Meeting adjourned.
(8) Where any person not being a Member or an Official desires to address Council,
other than as a Deputation listed on the meeting agenda, the person shall be
permitted to do so only with leave of a majority of the Members present, but such
approval shall not be required where a person has a statutory right to be heard
by Council or Council is holding a public meeting for the purpose of receiving
comments from the public.
(9) Once Council has dispensed with an item by vote, the same matter may not be
reopened for further discussion or consideration, except in accordance with rules
of procedure respecting reconsideration as set out in Part 8.4 of this By-law.
(10) The Presiding Officer may declare a recess at any point during a Council
Meeting with the consensus of Council without the necessity of a motion, to
enable any unusual circumstance or condition that has arisen to be addressed.
(11) No member shall use an electronic device as a recording device during any
Meeting.
(12) No member shall use an electronic device to broadcast or otherwise publish or
post audio, video or photographs of any Meeting.
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(13) Members of council and Town employees, shall turn off or place on non-
inaudible mode all electronic devices during a Meeting. On call/on duty medical
or emergency services personnel (Council or employees) are exempt from these
requirements. Such personnel shall advise the Chair, and place their electronic
devices on the audible setting in order to be notified and upon notification, will
leave the room to respond.
(14) Members shall not use electronic communication devices to review or access
information regarding matters not under consideration before Council during a
meeting.
(15) Members shall refrain from sending or receiving text messages, emails or other
electronic messaging of a personal nature or concerning any matter pending
before Council during a Meeting with the exception of urgent/emergency family or
business communications.
8.3. Rules Respecting the use of Electronic Devices by the Public
(1) Members of the public shall turn off or place on vibrate all electronic devices
when in attendance in Council Chambers during the entire meeting.
(2) Members of the public are required to exit Council Chambers if they wish to
make or receive a telephone call.
(3) The Town of Tillsonburg reserves the right to tape, televise or otherwise
electronically record any open meeting of Council with permission of the
Presiding Officer and in a manner as to not interfere with the proceedings of the
meeting.
8.4. Rules of Procedure Respecting Motions
(1) Motions, to be considered, shall be clearly stated and shall not contain disjointed
thoughts or directions that in the opinion of the Presiding Officer are excessively
difficult to interpret.
(2) Where the Presiding Officer believes a motion is complex, or not clearly stated,
or contains disjointed thoughts or directions, the Presiding Officer may:
a. require the Member to put forward the motion in written form; and/or
b. rule that such motion is out of order due to its uncertainty and not place the
question before Council for consideration.
(3) The Presiding Officer shall not permit debate on a motion or put a motion to vote
until the motion is formally seconded.
(4) When a motion is presented in writing, it shall be read by the Mover or the
Presiding Officer, before debate.
(5) A motion that has been duly seconded may be withdrawn subject to the following
provisions:
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a. A motion can only be withdrawn by the mover with the consent of Council.
b. Withdrawal of a motion shall be in order at any time during debate.
c. If no Member objects to the withdrawal of the motion, the motion shall be
considered withdrawn.
d. If a Member objects to the withdrawal of a motion, a withdrawal motion shall
be entertained, and if such motion receives a seconder, it shall be decided
prior to consideration of any other motion.
e. If a motion is withdrawn the effect is the same as if it had never been made.
(6) A motion containing two or more distinct proposals may be divided by leave of
Council, and Council shall consider each part separately.
(7) A main motion properly before the Council shall receive disposition before any
other motion can be considered, except in respect of matters listed below and
according to the listed priorities, namely:
a. to recess;
b. to adjourn;
c. to postpone the motion under consideration to a definite date;
d. to postpone the motion under consideration indefinitely;
e. to refer the motion under consideration to a Committee or staff for a report;
f. to amend the motion under consideration; and
g. to close debate (to end debate on the motion under consideration).
(8) A motion to recess:
a. is permissible when there is business before Council for consideration;
b. shall specify the length of time of the recess;
c. is not debatable except with regard to the length of the recess; and
d. shall be amendable with respect to the length of the recess.
(9) A motion to adjourn:
a. is not amendable;
b. is not debatable;
c. is not in order when a Member is speaking or during a vote; and
d. when resolved in the negative, cannot be made again until the Presiding
Officer has deemed sufficient business has been conducted by Council in the
intervening time.
(10) A motion to postpone:
a. may or may not state a definite time or date as to when the matter shall be
further considered;
b. shall apply to the main motion and to any motions to amend the main motion
that are pending;
c. is not debatable except as to date or time; and
d. shall not be amendable except as to date or time.
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Where a motion to postpone is adopted without a definite time or date as to when the
matter shall be further considered, Council shall not consider the matter until such time
as Council, by resolution, brings back the matter for consideration.
(11) A motion to refer:
a. shall be open to debate;
b. may be amended;
c. shall include the terms of referral including the time or conditions under which
the matter is to be returned to Council for consideration; and
d. may include the reasons for the referral.
(12) A motion to amend:
a. shall be relevant to the main motion;
b. shall not be directly contrary to or propose a direct negative to the main
motion;
c. shall be debatable; and
d. shall not itself be amended more than once; and
e. motions to amend shall be put to a vote in reverse order from which motions
to amend are put forward, and should the motion to amend be carried, the
main motion shall then be considered by Council as amended.
Notwithstanding the foregoing, a motion to amend shall not be required where the
mover and seconder of the main motion agree to re-word the main motion to
accommodate a proposed amendment and no Member of Council objects.
(13) A motion to close debate:
a. is not permissible until every Member present has had the opportunity to
speak to the question at least once;
b. is not amendable;
c. is not debatable; and
d. requires a two-thirds vote of the Members present; and
e. upon adoption, the Presiding Officer shall forthwith put the main motion and
all amendments thereto to a vote.
(14) A motion to suspend the rules:
a. is permissible;
b. is not debatable;
c. is not amendable;
d. shall include a statement as to the purpose of the suspension;
e. requires a two-thirds vote of the Members present; and
f. is not permissible with regard to any statutory requirements that apply to the
proceedings of Council.
(15) A motion to change the order of business as presented in the meeting agenda
shall not be amendable or debatable.
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(16) Dilatory motion, which shall include:
a. any motion made subsequent to a motion that was defeated that is
substantially the same as the defeated motion where, in the opinion of the
Presiding Officer, the motion is made for the purpose of delay or to frustrate
Council; and
b. any motion made that is absurd or frivolous, or that cannot be effected; shall
not be entertained by the Presiding Officer.
(17) Any Member who wishes to introduce a motion that is contrary to a motion that
has been adopted by Council shall employ the reconsideration procedures as set
out in Part 8.4 of this By-law.
8.5. Rules of Procedure Respecting Reconsideration
(1) A motion to reconsider is in order at any time, even when another Member
has the floor, or while Council is voting on the motion to adjourn.
(2) A motion to reconsider can be made at the Meeting in which the vote on the
original motion to be reconsidered was taken, or at a subsequent Regular
Council Meeting. It must be made by a Member who voted with the prevailing
side. Any Member may second the motion to reconsider the vote.
(3) The effect of making this motion is to suspend all action the original motion
would have required until the reconsideration.
(4) If the motion to reconsider is defeated it cannot be repeated except by
general consent. No question can be twice reconsidered unless it was
materially amended after its first reconsideration. A reconsideration requires
only a majority vote, regardless of the vote necessary to adopt the motion
reconsidered.
(5) If the motion to reconsider is adopted, the next order of business is the
original motion that is to be reconsidered.
8.6. Voting on Motions
(1) No vote shall be taken in a Council Meeting by ballot or by any other method
of secret voting, unless authorized under the Municipal Act.
(2) Every member who is present in the Council Chambers when a question is
put shall vote, unless prohibited from voting by the provisions of the Municipal
Conflict of Interest Act.
(3) Immediately preceding the taking of the vote on a motion, the Presiding
Officer may read the motion or request the Town Clerk to read the motion in
the form introduced and shall do so if required by a Member, and the motion
shall be stated in the form in which it will be recorded in the minutes.
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(4) After a motion is put to a vote by the Presiding Officer, no Member shall
speak to the question nor shall any other motion be made until after the vote
is taken and the result has been declared.
(5) A separate vote shall be taken upon each proposal contained in a motion that
has been divided with leave of the Council.
(6) The manner of determining the decision of Council on a motion shall be by
show of hands, and the Presiding Officer shall determine the adequacy of the
show of hands, and upon being satisfied with the adequacy of the show of
hands, the Presiding Officer shall declare the results of the vote by stating
that the motion is carried or that the motion is defeated, as appropriate.
The Presiding Officer may consider a motion to be carried where the Presiding
Officer is of the opinion that the motion has the general support and consensus
of Council, subject to the right of any Member to request a show of hands, which
must be complied with by the Presiding Officer.
(7) Where a Member elects not to vote, the action shall be considered to be a
negative vote to the motion.
(8) Any motion on which there is a tie vote shall be deemed to be defeated and
nothing in the Rules shall apply to prevent the Presiding Officer from voting to
create a tie.
(9) If any Member disagrees with the declaration of the Presiding Officer that a
motion has been carried or lost, the Member, immediately after the
declaration by the Presiding Officer, may appeal the declaration and request
that a Recorded Vote be taken, whereupon the Town Clerk shall poll the
Council.
(10) When a Member requests a Recorded Vote on a motion, all Members
present shall vote when polled by the Town Clerk by verbally indicating yes or
no, and the Town Clerk shall record the results of the vote in the minutes.
The Town Clerk shall conduct the recording of votes of all Members
alphabetically, from the member who requested the recorded vote. The
Mayor/Presiding Officer will be polled last.
Failure to vote by any member who is present and qualified to vote at the time of
the Recorded Vote shall be deemed to be in the negative.
A Member may request a Recorded Vote immediately prior to or subsequent to
the taking of a vote on a motion.
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8.7. Rules of Debate
(1) Every Member, prior to speaking to any question or motion, shall so indicate to
the Presiding Officer through the raising of a hand of his/her desire to speak, and
no Member shall speak until recognized by the Presiding Officer as having the
floor.
When two or more Members raise their hands to indicate their desire to speak,
the Presiding Officer shall determine who was the first to so indicate, and shall
designate such Member as having the floor, and the subsequent Members who
shall have the floor and the order of same, and the determination of the Presiding
Officer in such respect shall not be subject to appeal.
(2) All Members and Officials who are called upon to speak during a debate shall
direct their comments and questions through the Presiding Officer.
(3) When a Member is speaking, no other Member shall interrupt except to rise on a
point of order, a point of personal privilege, or a point of privilege affecting the
assembly.
(4) Any Member may request the Presiding Officer to read the motion under
discussion at any time during debate, but such request shall not be made so as
to interrupt another Member while speaking.
(5) No Member shall speak more than once to the same motion until every Member
who desire to speak has spoken, except that the Member who made the motion
shall be entitled to a reply immediately prior to the calling of a vote by the
Presiding Officer.
(6) No Member, without consensus of Council, shall speak to the same motion more
than twice, or in reply, for longer than three (3) minutes, excluding staff response
time without consent of the Presiding Officer.
(7) During debate, a Member may ask a question of another Member only for the
purpose of obtaining information or clarification relating to the matter under
discussion, and such question shall be stated briefly and clearly, and the Member
to whom the question was directed shall respond briefly and clearly to the
question, but shall not introduce any new information other than was posed in the
question.
(8) When a Member has been recognized by the Presiding Officer as having the
floor, immediately before speaking, such Member may ask a question of the
Presiding Officer or an Official on the matter under discussion, but only for the
purpose of obtaining information or clarification, following which the Member shall
speak.
(9) The Presiding Officer shall appoint another Member to act as Chair:
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a. while temporarily being absent from the meeting;
b. while speaking to or debating a question; or
c. if he/she wishes to put forward a motion.
(10) The Presiding Officer may, at any time, declare a recess in order to consult
Officials with respect to matters of procedure and interpretation of the Rules or to
provide members with a personal break.
(11) The following matters and motions may be introduced orally without written
notice and without leave, except as otherwise provided in the Rules:
a. Point of order;
b. Point of personal privilege;
c. Point of privilege affecting the assembly;
d. Presentation of petitions;
e. Motion to refer;
f. Motion to postpone;
g. Motion to amend;
h. Motion to close debate (end debate);
i. Motion to recess;
j. Motion to adjourn;
k. Motions pursuant to Correspondence and New Business.
(12) When the Presiding Officer calls for the vote on a motion, each Member shall
remain seated until the result of the vote has been declared by the Presiding
Officer, and during such time no Member shall speak to any other Member or
make any noise or disturbance.
(13) In all proceedings of a Council Meeting, the Presiding Officer shall decide and
rule upon all matters pertaining to the Rules, subject to an appeal in which case
the matter shall be decided by the Council.
(14) When a Member wishes to appeal the ruling of the Presiding Officer, except as
prohibited by the Rules, the Member shall introduce the following motion with a
view to having same considered by Council:
"That the ruling of the Chair be appealed and set aside."
8.6. Point of Order
(1) (A Member may raise a point of order at any time, including interrupting another
Member who has the floor, to bring Council’s attention to:
a. any breach of the Rules;
b. a deviation from the matter under consideration noting that the current
discussion is not within the scope of the motion on the table;
c. any other informality or irregularity in the proceedings of Council.
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(2) When a Member rises on a point of order, the Member shall ask leave of the
Presiding Officer to raise the point of order and the Presiding Officer shall grant
such leave, following which the Member shall state the point of order, and the
Presiding Officer shall decide on the point of order and state his/her ruling on the
matter.
(3) Upon the raising of a point of order, no further discussion on the main issue shall
be conducted until the Presiding Officer has decided and stated his/her ruling on
the point of order.
(4) Upon hearing the point of order, a Member shall only address the Presiding
Officer for the purpose of appealing the Presiding Officer’s ruling to Council.
(5) If no Member appeals, the ruling of the Presiding Officer shall be final.
(6) If a Member appeals the Presiding Officer’s ruling on the point of order to
Council, the Member shall have the right to give reasons for the appeal, following
which the Presiding Officer shall have the right to reply with reasons, and the
Council shall decide the question:
“That the decision of the Chair be sustained/overruled.”
without further debate, and the decision of Council shall be final.
8.7. Point of Personal Privilege
(1) A Member may rise at any time on a point of personal privilege where such
Member feels that his/her integrity, or the integrity of the Council, or the integrity
of a Committee, or the integrity of anyone present at the meeting has been called
into question by another Member or by anyone present at the meeting.
(2) When a Member rises on a point of personal privilege, the Member shall ask
leave of the Presiding Officer to raise the point of personal privilege and the
Presiding Officer shall grant such leave, following which the Member shall state
the point of personal privilege, and the Presiding Officer shall decide on the point
of personal privilege and state his/her ruling on the matter.
(3) Upon the raising of a point of personal privilege, no further discussion on the
main issue shall be conducted until the Presiding Officer has decided and stated
his/her ruling on the point of personal privilege.
(4) Where the Presiding Officer rules that a breach of privilege has taken place,
he/she shall demand that the offending Member or individual apologize and
failing such apology shall require the Member or individual to vacate the meeting
room for the duration of the meeting as provided for in Part 8.9 of this By-law.
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(5) With the exception of providing an apology, the Member shall only address the
Presiding Officer for the purpose of appealing the Presiding Officer’s ruling of a
breach of privilege to Council.
(6) If no Member appeals, the ruling of the Presiding Officer shall be final.
(7) If a Member appeals the Presiding Officer’s ruling on the point of personal
privilege to Council, the Member shall have the right to give reasons for the
appeal, following which the Presiding Officer shall have the right to reply with
reasons, and the Council shall decide the question:
“That the decision of the Chair be sustained/overruled.”
without further debate, and the decision of Council shall be final.
8.8. Expulsion for Improper Conduct
(1) The Presiding Officer, where a warning or ruling has not been heeded, may expel
any Member or person from the meeting place for improper conduct at the
meeting, which for purposes of this Section shall include:
a. violation of the Rules;
b. interruption of the proceedings of Council;
c. making of disruptive noise or visible gestures;
d. campaigning for any political cause or outcome; or
e. any other activity that impedes the conduct of the meeting.
(2) Where the Presiding Officer expels any Member or person from the meeting,
such Member or person shall vacate the meeting place forthwith.
(3) Where the expulsion applies to a Member, the Member shall only address the
Presiding Officer for the purpose of appealing the Presiding Officer’s ruling of
expulsion.
(4) If no Member appeals, the ruling of the Presiding Officer shall be final.
(5) If a Member appeals the Presiding Officer’s ruling on expulsion to Council, the
Member shall have the right to give reasons for the appeal, following which the
Presiding Officer shall have the right to reply with reasons, and the Council shall
decide the question:
“That the decision of the Chair be sustained/overruled.”
without further debate, and the decision of Council shall be final.
8.9. Suspension of the Rules
(1) During a Council meeting, any Member may introduce a motion that Council
temporarily suspend the rules established by this By-law in order to introduce a
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motion with respect to an item that is not listed on the meeting agenda, stating
the subject matter for which the suspension of the rules is being sought.
(2) A motion to suspend the rules shall require a two-thirds vote of the Members
present at the meeting.
(3) Upon adoption of a motion to suspend the rules, the Member so making the
motion to suspend the rules may introduce a motion respecting the matter for
which the suspension of the rules was granted.
PART 9 – NOTICE
9.1. Purpose
This By-law shall not apply so as to require the giving of any notice in circumstances
where there is no requirement in any applicable by-law, policy, Act, or regulation that
notice is given in respect of any proposed municipal action.
9.2. Notice of Council Meetings
(1) Notice of a Regular Council Meeting shall be provided through:
a. notifying Members by email/calendar invite as soon as a meeting date has
been set;
b. publishing the time and date of the Meeting in a Newspaper and posting of
the time and date of the Meeting on the Town’s website at least fourteen (14)
days before the Council Meeting, if possible; and
c. publishing of a meeting agenda by the Town Clerk in accordance with Part
4.6.
(2) Notice of a Special or Closed Council Meeting shall be provided through:
a. notifying Members by email/calendar invite as soon as a meeting date has
been set;
b. publishing the time and date of the Meeting on the Town’s website at least 48
hours before the Council Meeting, if possible; and
c. release of a meeting agenda by the Town Clerk in accordance with Part 4.6.
(3) Notwithstanding any other provision of this By-law to the contrary, a Council
Meeting may be held to deal with an emergency with less than the requisite
notice, provided the Town Clerk has endeavoured to notify the Members about
the meeting in the most expedient manner, provided that no business except
business dealing directly with the emergency shall be transacted by Council.
(4) Where a meeting agenda will not be released prior to a Council Meeting, or in the
instance of a Closed Council Meeting, in lieu of the release of a meeting agenda,
the Town Clerk shall endeavour to provide notice by telephone call, email, and/or
written notice to the local news media and those who have requested a copy of
meeting agendas.
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(5) Lack of receipt of a notice of or meeting agenda for a Council Meeting by any
person or Member shall not affect the validity of the meeting or any action
lawfully taken at the meeting.
9.3. Notice of Proposed Municipal Action
Where any Act or regulation requires that notice be given to the public of any proposed
municipal action, such notice shall be given in the manner specified in the Act or
regulation, or within any other Town by-law which specifically sets forth the manner in
which notice shall be given to the public either for the specific municipal action or
generally for municipal actions of that type.
9.4. Notice – General
(1) A notice given under this Part is sufficient even if there are times during the
period when the Town's website is not fully accessible.
(2) If the same matter is considered at a subsequent Committee or Council Meeting
no additional notice is required, except where the Municipal Act provides
otherwise.
(3) The notice requirements of this Part are minimum requirements, and the Town
Clerk is authorized to give notice to the public in an extended manner, if in the
opinion of the Town Clerk or under the direction of council, the extended manner
is considered and necessary in the circumstances.
(4) At least once per year, the Town Clerk shall cause a notice of Council Meetings
to be published in the local newspaper setting out information on how to access
the Town's website to locate public notices and Council agendas and minutes.
(5) No notice of a meeting shall be required under this By-law, where the provision of
notice will interfere with the ability of Council to conduct business with respect to
a matter permitted for a closed session in accordance with Part 4.5(4).
PART 10 – PROCESS TO FILL A VACANT SEAT ON COUNCIL
10.1. Process to Fill a Vacant Seat on Council
(1) In the event that there is a vacancy declared on Council, the process set out in
this Part for filling the vacancy shall be followed.
(2) When the position of Mayor is declared vacant by Council pursuant to the
provisions of subsection 262 (1) of the Act, the Clerk shall prepare the necessary
by-law for passage at the Council meeting following the vacancy declaration to
require the Clerk to proceed with a by-election to fill the vacancy in accordance
with the Municipal Elections Act, 1996.
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(3) If the position of Mayor is declared vacant on or after the first day of January
during the year of a regular election, the Council member in the position of
Deputy Mayor will be automatically appointed to the position of Mayor.
(4) When the position of Councillor is declared vacant by Council pursuant to the
provisions of subsection 262 (1) of the Act, the vacancy shall be filled in the
manner set out in Section 10(5) through Section 10(12), inclusive.
(5) The vacant position will be offered to the candidate that finished in the runner-up
position in the last regular municipal election for the position of Town Councillor.
(6) For that candidate to qualify, that individual’s total number of votes must be
greater than 50 percent of the number of votes achieved by the candidate that
finished directly before them. If the individual is unable to fill the position, proceed
to the next step.
(7) The Clerk will place advertisements asking individuals to apply in writing to fill the
vacant Councillor seat within fourteen calendar days. The letter shall indicate
their willingness to fill the position if selected. Individuals may also submit
additional paperwork outlining the reasons they believe they are qualified to
become a member of Town Council or Councillor whichever is applicable.
(8) The names and addresses of the individuals will be made public after the closing
date of applications.
(9) The list of applicants will then be reviewed in a closed session of Council.
Redirecting eligible candidates if there are a large number of submissions,
members of Council may reduce the list to between three and six names.
(10) The remaining three to six applicants will then be notified to appear at the next
regular meeting of Council. Each applicant shall make a verbal presentation of up
to seven minutes. There will not be a question and answer session between
candidates and Councillors.
(11) Prior to the next regular meeting of Council, Councillors will meet in a closed
session to select the replacement for the vacancy. The selected individual’s
name will be announced by the Town Clerk prior to the next Council meeting.
The successful individual will be sworn in at the first opportunity available after
the by-law to appoint has been passed by Council in an open council session.
(12) If step Section 10.7 fails to draw any applications, the Council will notify the
Town Clerk that the position of Councillor will require a by-election to be held to
fill the vacancy in accordance with the Municipal Elections Act, 1996.
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PART 11 – PROCESS TO APPOINT AN ALTERNATE MEMBER
11.1. Upper-Tier Alternate Member
(1) Council may appoint one of its members as an alternate member of Oxford
County Council, to act in place of a person who is a member of Tillsonburg
Town Council and Oxford County Council, when the person is unable to attend
a meeting of Oxford County Council for any reason.
(2) If the seat of the member who has been appointed as an alternate member
becomes vacant, the Council may appoint another of its members as an
alternate member for the remainder of the Council term. The election will follow
the same election process as outlined herein.
(3) The Upper-Tier Alternate Member shall be elected by open vote during the
election meeting. Each member shall have one vote. The Town Clerk will
preside over the election.
(4) Before accepting any nominations, the Clerk shall select a person other than a
member of Council, in attendance at the election meeting, and announce such
person’s name who, when required shall draw a name from a ballot box in
accordance with the Tied vote section below.
(5) Each nomination shall be in writing, signed by both the nominator and a
seconder, both of whom must be members of Council, and submitted to the
Clerk immediately after the announcement by the Clerk of the name who, when
required shall draw a name from a ballot box in accordance with the Tied vote
section below.
(6) Where more than one member of Council has been nominated, an open vote
shall take place in accordance with Sections 11(9) to 11(12), inclusive.
(7) Each nominee must indicate his or her willingness to stand for election but may
withdraw his or her name for election after any vote.
(8) When a nominee receives a majority of votes cast, that nominee shall be
declared to be the Alternate Member of the Upper-Tier and there shall be no
further ballots.
(9) In conducting the vote, the Clerk shall call the names of the members of
Council, in alphabetical order according to their surnames, and each such
member shall, after their name is called, verbally indicate the nominee of their
choice unless they choose to abstain in which case they shall indicate this. The
Clerk shall keep count of the votes received for each nominee. The Clerk shall
announce the results after each vote.
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(10) If there are more than two nominees who agree to stand and, if after votes are
cast, no nominee receives the majority of votes cast, the nominee receiving the
least number of votes shall be eliminated. Council shall proceed to vote again
until a nominee receives the majority of votes cast, at which time such nominee
shall be declared the Alternate Member of the Upper-Tier.
(11) If the nominees with the least number of votes receive an equal number of
votes, the Clerk shall place the names of these nominees, on equal size pieces
of paper, in a ballot box and one name shall be drawn by the person selected
in accordance with Section 11(4). The name drawn shall be eliminated. Council
shall proceed to vote again choosing from the remaining nominees until a
nominee receives the majority of votes cast.
(12) If there are only two nominees left and they each receive the same number of
votes, the Clerk shall place the names of the two nominees, on equal size
pieces of paper, in a ballot box and one name shall be drawn by the person
selected in accordance with Section 11(4). The nominee whose name is drawn
shall be declared the Alternate Member of the Upper-Tier.
PART 12 – PROCESS TO APPOINT A DEPUTY MAYOR
12.1 Deputy Mayor Position
(1) Council may appoint one of its members as a Deputy Mayor of Council, to act in
place of the Mayor, when the Mayor is unable to attend a meeting or event for
any reason.
(2) The Deputy Mayor shall be elected by open vote during the election meeting.
Each member shall have one vote. The Town Clerk will preside over the
election.
(3) The Deputy Mayor position shall be for the term of Council unless Council
determines otherwise.
(4) Where more than one member of Council has been nominated, an open vote
shall take place in accordance with Sections 11(9) to 11(12), above.
(5) Where only one member of Council has been nominated a resolution shall be
passed and a by-law brought forward for Council’s consideration.
PART 13 - GENERAL PROVISIONS
13.1. Conflict with other Acts
Where there is conflict between any parts of this By-law and any Act or regulation, the
Act or regulation shall take precedence.
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13.2. Severability
If a court or tribunal of competent jurisdiction declares any portion of this By-law to be
illegal or unenforceable, that portion of this By-law will be considered severed from the
remainder of this By-law, which shall continue to be in full force and effect.
13.3. Amendment
No amendment or repeal of this By-law or any part thereof shall be considered at any
meeting of Council unless notice of the proposed amendment or repeal has been given
at a previous meeting of Council. The waiving of this notice by Council is prohibited.
13.4. Repeal
By-law 3511(Procedural By-Law) passed on September 12, 2011 by The Corporation of
the Town of Tillsonburg is hereby repealed.
13.5. Force and Effect
This by-law shall come into force and take effect on the date it is enacted.
READ A FIRST AND SECOND TIME THIS 1st day of March, 2018.
READ A THIRD TIME AND FINALLY PASSED THIS 26th day of March, 2018.
_____original signed______
Mayor – Stephen Molnar
_____original signed______
Town Clerk – Donna Wilson
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By-Law 4173 Consolidated
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Addendum “A”
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-___
A BY-LAW to amend By-Law 4173 Procedural By-Law.
WHEREAS Section 238 (2) of the Municipal Act, 2001, S.O. 2001. c. 25, as amended
(the “Municipal Act”) requires that every municipality pass a procedure by-law for
governing the calling, place and proceedings of meetings;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. That By-Law 4173 be amended as follows:
1.1. Section 1.1. (5) “Electronic Participation” be amended to delete the following
two sentences:
The member shall not be counted in determining whether or not a q uorum of
members is present at any point in time. Electronic participation by a member of
council, local board or committee of either of them shall not be permitted for
closed meetings.
1.2. Section 5.3 Electronic Participation be amended to delete 5.3 (1) and 5.3 (2).
1.3. Section 5.3 Electronic Participation be amended to add the following points:
(1) Electronic meetings for both open and closed meetings will be permitted
in the following circumstances: during a pandemic and in certain emergency
situations.
(2) Members of Council who participate electronically will count towards
quorum.
(3) All members of Council may participate electronically or some members
may participate electronically while other members may be present in the
Council Chambers or an alternative Council meeting space.
(4) The Meeting method or technology shall be determined by the Clerk and
such meeting technology should allow for accessible meetings to the public.
2. That these amendments to By-Law 4173 are hereby declared to be part of that By-
Law as if written therein.
3. THAT this By-Law shall come into full force and effect upon passing.
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By-Law 2020-___
Page 2 of 2
READ A FIRST AND SECOND TIME THIS 5th day of AUGUST, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 5th day of AUGUST, 2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-075
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on
the 5th day of August, 2020.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the
Town of Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its
meeting held on August 5, 2020, with respect to every report, motion, by-law, or
other action passed and taken by the Council, including the exercise of natural
person powers, are hereby adopted, ratified and confirmed as if all such
proceedings were expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to
give effect to the action of the Council of The Corporation of the Town of Tillsonburg
referred to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of The Corporation of the Town
of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 5th DAY OF AUGUST, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 5th DAY OF AUGUST, 2020.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
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