HomeMy Public PortalAboutBy-Law 2023-076 Proceedings of CouncilTHE CORPORATION OF THE
TOWN OF TECUMSEH
BY-LAW NO. 2023-076
A by-law to govern the proceedings of Council and its
Committees/local boards, the conduct of its members and
the calling of meetings.
June 2023
Prepared by:
The Town of Tecumseh Department of Legislative and Clerk Services
(519) 735-2184
By -Law Number 2023 - 076
Page 2
The Corporation of the Town of Tecumseh
By -Law Number 2023 - 076............................................................................................ 41
1. Definitions: ............................................................................................................ 41
2. Scope................................................................................................................... 6
3. Establishment - Committees - As Necessary........................................................ 6
4. Meetings of Council.............................................................................................. 8
5. Role of Council................................................................................................... 12
6. Role of Mayor/Head of Council........................................................................... 121
7. Role of Deputy Mayor......................................................................................... 131
8. Order of Proceedings at a Meeting of Council, Local Board or Committee ........ 14
8.1 When meeting is to be called to order................................................................ 14
k) Adjournment....................................................................................................... 16
9. Conduct of Proceedings at Meetings of Council or Committees/Local Boards... 17
d) To refrain from criticizing the decisions of Council, Committee or Local Board.. 19
10. Decorum............................................................................................................. 21
11. Rules of Order.................................................................................................... 21 1
12. Motions...............................................................................................................221
c) Shall not be debatable........................................................................................ 27
13. Voting on Motions............................................................................................... 27
14. General...............................................................................................................281
15. Petitions..............................................................................................................341
16. Reports...............................................................................................................35 1
17. Unfinished Business........................................................................................... 351
18. New Business..................................................................................................... 351
19. By-laws............................................................................................................... 351
20. Suspension of Rules........................................................................................... 361
By -Law Number 2023 - 076
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21. Electronic Recordings and Photographs............................................................ 36
22. Former By-laws Repealed.................................................................................. 36
23. Prolonged Absence............................................................................................ 37
24. Short Title........................................................................................................... 37
25. Effective..............................................................................................................37
By -Law Number 2023 - 076
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The Corporation of the Town of Tecumseh
By -Law Number 2023 - 076
A by-law to govern the proceedings of Council and its committees/local
boards, the conduct of its members and the calling of meetings.
Whereas pursuant to Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, ("Act")
every Council and local board shall adopt a procedure by-law to govern the calling,
place, and proceedings of meetings;
And whereas the Council of the Town of Tecumseh deems it desirable and necessary
to amend, consolidate, revise, and update its current Procedural By -Law for the Town of
Tecumseh being By-law Number 2022-013;
And whereas the Council of the Town of Tecumseh deems it desirous to repeal and
replace By -Law 2022-013, with this By-law Number 2023-076 to come into force and
take effect upon the final passing thereof.
Now therefore be it resolved that the Council of The Corporation of the Town of
Tecumseh enacts as follows:
1. Definitions:
For the purpose of this by-law, the following definitions are applicable:
1.1 "CAO" shall mean the Chief Administrative Officer of the Town of
Tecumseh;
1.2 "Chair" shall mean the person presiding over a Council Meeting,
Committee Meeting or Meeting of a Local Board;
1.3 "Clerk" shall mean the Municipal Clerk of the Town of Tecumseh as
appointed pursuant to section 228 of the Municipal Act, 2001, S.O. 2001,
Chapter 25 as amended and shall include a Deputy Clerk, or anyone
designated by the Clerk to carry out duties of the Municipal Clerk;
1.4 "Closed Meeting" means a meeting, or a part of a meeting of Council, a
Committee, Sub -Committee or Local Board, which is closed by resolution,
to the public as permitted by the Municipal Act, 2001 S.O. 2001, Chapter
25;
1.5 "Committee" means any advisory or other committee, standing committee,
subcommittee or similar entity established and appointed by Council with
terms of reference approved by Council;
1.6 "Corporation" means the Corporation of the Town of Tecumseh;
1.7 "Council" shall mean the Council of the Town of Tecumseh;
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1.8 "Electronic Attendance" means attendance at a meeting by use of
telephone, computer, or other digital means that:
a) enables all the meeting's participants to see, hear and speak with
each other, and
b) enables the public to see and hear the statements and votes of the
Council Members in electronic attendance during the part of the
meeting that is open to the public.
1.9 "Consent Agenda" means those items on an Agenda that all Members of
Council deem appropriate to approve or deal with together without
discussion or individual Motions because they are items related to routine
matters, reports provided for information purposes and matters of a non-
controversial nature;
1.10 "Consent Motion" means a single Motion to approve the recommendations
arising out of the Consent Agenda;
1.11 "Declared Emergency" means an emergency existing in the Town and
declared in accordance with the Emergency Management and Civil
Protection Act;
1.12 "Ex officio" means that, by virtue of his or her office or position, a person
has the right to participate fully in a Committee, Sub -Committee or Local
Board and to vote, unless prohibited by law;
1.13 "Friendly Amendment" means an amendment offered by someone who is
in sympathy with the purposes of the main motion, in the belief that the
amendment will either improve the statement or effect of the main motion,
presumably to the satisfaction of its maker, or will increase the chances of
the main motion's adoption;
1.14 "Head of Council" as Chief Executive Officer, means the Mayor;
1.15 "Local Board" means a municipal service board, transportation
commission, public library board, board of health, police services board,
planning board, or any other board, commission, committee, body or local
authority established or exercising any power under any Act with respect
to the affairs or purposes of one or more municipalities, excluding a school
board and a conservation authority;
1.16 "Meeting" means any regular, special, or other meetings of a Council, of a
Local Board or of a Committee of either of them where:
a) A quorum is present and
b) Members discuss or otherwise deal with any matter in a way that
materially advances the business or decision make of the Council,
Local Board or Committee;
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1.17 "Motion" means a proposed resolution brought forward for adoption by a
Member and seconded by another Member, for the consideration of
Council, a Committee, Sub -Committee, or a Local Board
1.18 "Personal emergency": an extraordinary situation preventing a person
from participating in the Meeting in person)
1.19 "Point of Order" means a matter that a Member wishes to call attention to
as a departure from or a violation of the rules of procedure;
1.20 "Town" means the Corporation of the Town of Tecumseh;
1.21 "Quorum" shall mean the majority of the whole number of the members of
Council who are present in person or Electronic Attendance. The quorum
for the purpose of the Council of the Corporation of The Town of
Tecumseh shall be four (4) members of Council.
1.22 "Standing Committee" means a Committee established by Council to
address matters which Council has deemed appropriate for the committee
to consider. Standing Committees will address on -going administrative
matters within the scope and responsibility of Council and will be expected
to provide reports to Council presenting advice and/or recommendations
on the matters under consideration. Standing Committees shall include
without limiting the Personnel Standing Committee and the Priorities and
Policies Standing Committee.
2. Scope
The rules of procedure contained in this by-law shall be observed in all
proceedings of Council and, unless specifically provided otherwise, shall apply to
all meetings of its Committees, Standing Committees or Local Boards. All Points
of Order or procedure for which rules have not been provided in this by-law shall
be decided by the Chair in accordance with, and as far as is reasonably
practicable, the rules of parliamentary procedure contained in Robert's Rules of
Order.
3. Establishment - Committees - As Necessary
3.1 Council may appoint such standing, special and other Committees as are
necessary or expedient for the orderly and efficient handling of the affairs
of the Corporation and may establish generally or in detail the duties and
responsibilities, composition, and duration of a Committee established.
3.2 Council shall appoint Council Members and members of the public to its
Local Boards, and Committees, after the Inaugural Meeting of the new
Council. Appointments to a Committee or Local Board shall be made by
By -Law. Sub -Committee appointments may be approved by a resolution
of Council.
3.3 As soon as practicable after the Inaugural Meeting, the Clerk shall provide
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all Members of Council with a list of Local boards and Committees to
which Council appoints member(s) to sit together with any applicable
terms of reference for such Local Boards and Committees. Council may at
its option, appoint a Striking Committee of a certain number of its own
Members for the purpose of reviewing and making recommendations by-
way of a report to Council on Committee appointments for the new term of
Council.
3.4 All Members of a Committee or Local Board are responsible for notifying
the Clerk, or designate, if they are unable to attend a scheduled meeting.
a) If a member is absent for three (3) consecutive meetings with
unexplained absences or notice to the Clerk, or designate, the
member will be deemed to have resigned from the Committee.
b) If a member is absent for three (3) consecutive meetings, the
Committee may request that member's removal from the
Committee.
3.5 The dates and times for meetings of Committees or Local Boards shall be
established by resolution of Council.
3.6 Notice of Local Board and Committee meetings shall be posted on the
Town's website and/or declared at a prior meeting of Council.
3.7 The Mayor is Ex-officio of all Committees of Council.
3.8 Where a Local Board or Committee is established with a specified number
of Members that does not provide for the membership of the Mayor as an
Ex-Officio Member, such number of committee members will be
automatically increased by one, except where prohibited by law. The
Mayor, as an Ex-Officio Member, may vote and otherwise participate in
such Committee or Sub -Committee on the same basis as any other
Member.
3.9 Unless otherwise specified the term of the Local Board or Committee,
shall be for four (4) years and ends at the conclusion of Council's term.
The term for a Sub -committee shall be determined by Council for a
duration where the matter for which the sub -committee was created has
reported out to Council with recommendations on the matter.
3.10 The Clerk will advertise for interested citizens to make application to serve
on Local Boards and Committees, as soon as practicable after the
municipal election. Once applications have been received, they will be
reviewed by the Clerk and the Council Members elected to the new term
of Council.
3.11 Vacancies on Local Boards and Committees that occur during the term
will be filled by Council appointment as soon as practicable.
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3.12 Local Boards and Committee Meeting minutes must be completed and
circulated by the Secretary to the Local Board or Committee Chair and
then forwarded to the Clerk within one week of the Meeting date.
3.13 Recommendations to Council as a result of Local Board and Committee
Meeting Minutes shall be listed in addition to the Minutes on the Council
Agenda. Council may vote on the recommendations collectively or may
vote on each resolution separately if it is capable of standing on its own.
3.14 Policies and Priorities Standing Committee: This committee comprised of
the members of Council and chaired by the Mayor or Deputy Mayor
meets as scheduled to provide a forum for informal discussion of issues
(generally in a workshop format) related to the Town's strategic goals and
policy priorities This Committee with the assistance of town administration
will receive, discuss and address such issues within the scope and
responsibility of Council and will be expected through Administration to
provide reports to Council presenting advice and/or recommendations on
the matters under consideration.
3.15 Personnel Standing Committee: This Committee comprised of the
members of Council and chaired by the Mayor or Deputy Mayor meets as
scheduled and provides, in consultation with the Chief Administrative
Officer and/or the Director, People and Culture, advice to Council relating
to personnel policies and practices, compensation and benefits, labor
relations and collective bargaining, employee relations, staffing and
organizational structure and will be expected through Administration to
provide reports to Council presenting advice and/or recommendations on
the matters under consideration.
4. Meetings of Council
4.1 Inaugural Meetings
a) The inaugural meeting of Council, and regular elections, thereafter,
shall be held before the first scheduled Regular Council meeting in
Council Chambers or at an alternative location determined by the
Clerk in consultation with the Mayor and CAO.
b) The Clerk shall call the inaugural meeting to order and chair the
meeting until the Mayor -elect has taken the Oath of Office. The
Mayor shall then assume the chair.
4.2 Regular Meeting
After its inaugural meeting, the Council shall meet on the second and
fourth Tuesday of every month during the year, at 7:00 p.m. or as soon as
possible upon the adjournment of such public or special council meeting
held earlier that evening day. Meetings shall be held at the Tecumseh
Town Hall, located at 917 Lesperance Road, unless such day shall be a
legal, public, or civic holiday, in which case, the Council shall meet at the
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same hour the next following day which is not a legal, public, or civic
holiday and at the same place, or unless altered in the manner hereinafter
provided.
4.3 Altering of Regular Meetings
a) Any regular meeting of the Council may be altered to a day named
in:
(i) A notice by the Mayor or Acting Mayor of Council given
through the Clerk's office and two (2) clear days in advance
of the regular meeting, or
(ii) A by-law or resolution of Council passed by a majority of the
whole number of the members thereof providing, therefore.
b) Notice of the alteration shall be posted on the Town's website
and/or declared at a prior meeting of Council and/or in accordance
with the relevant provisions of the Act, as amended from time to
time, and/or any by-law by the Town specifying requirements for
the giving of notice.
4.4 Special Meetings
a) The Mayor or the Clerk, in consultation with the Mayor or the CAO,
may, at any time, call a Special Meeting of Council on Two (2) clear
days' notice specifying the purpose of such meeting which shall be
the sole business transacted thereat.
b) The Chair of a Committee may at any time summon a special
meeting on five (5) clear days' notice specifying the purpose of
such meeting which shall be the sole business transacted thereat.
c) When so requested by resolution or in writing by a majority of the
Members of Council, the Clerk shall call a Special Meeting for the
purpose and at the time requested.
d) Notice of the Special Meeting to members of Council or Committee
may be given by the Clerk through electronic communication,
telephone or in person.
e) Notice to the public of the Special meeting shall be posted on the
Town's website.
4.5 Adjourned Meetings
Unless otherwise determined by a resolution of Council, passed by a
majority of the whole number of the members thereof, the Council shall
adjourn at the hour of 11:00 p.m., if it is then in session, and shall
reconvene at the hour, date and place determined in such resolution when
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M
the unfinished business of the preceding meeting shall be transacted,
including any business that might have been transacted at such preceding
meeting but was not for want of time or opportunity to do so.
Closed Meetings
a) All Council, Local Board and Committee meetings shall be open to
the public.
b) A meeting of Council or a Committee may be closed to the public or
proceed into closed session if the subject matter being considered
is one of the exceptions noted below and permitted by section 239
(2) and (3) of the Municipal Act, 2001 as amended :
(i) The security of the property of the Corporation or a Local
Board;
(ii) Personal matters about an identifiable individual including
municipal or Local Board employees;
(iii) A proposed or pending acquisition or disposition of land by
the Corporation or Local Board;
(iv) Labour relations or employee negotiations;
(v) Litigation or potential litigation including matters before
administrative tribunals, affecting the Corporation or Local
Board;
(vi) A matter in respect of which the Council, Local Board,
Committee, or other body has authorized a meeting to be
closed under another Act;
(vii) Advice that is subject to solicitor -client privilege, including
communications necessary for that purpose;
(viii) The consideration of a request under the Municipal Freedom
of Information and Protection of Privacy Act while the
Council, local board, commission, committee, or other body
is designated as the head of the institution for the purpose of
that Act;
(ix) 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;
(x) 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 significantly prejudice the
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competitive position, or interfere significantly with the
contractual or other negotiations of a person, group of
persons, or organization;
(xi) 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
(xii) 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.
c) A meeting of a Council or Local Board or of a Committee or either
of them may be closed to the public if the following conditions are
both satisfied:
(i) The meeting is held for the purpose of educating or training
the members; and
(i i) 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.
d) Where a Closed meeting of Council has been scheduled in
advance by the Clerk, the public shall be provided with notice of
such meeting as soon as possible by posting such notice to the
Town's website. The Notice shall provide the exceptions relied on
to permit the closed session as referenced under section 239 (2)
and (3) of the Municipal Act, 2001. Any such Notice posted shall
not include the agenda for such closed meeting, if applicable.
e) Before all or part of a meeting is closed to the public, the Council or
Committee shall state by resolution.
(i) The fact of the holding of the closed meeting; and
(i i) The general nature of the matter to be considered at the
closed meeting.
f) Subject to Subsection g) below, a meeting shall not be closed to
the public during the taking of a vote.
g) A meeting may only be closed to the public during a vote if:
(i) If the items to be held in closed are permitted under Section
239(2)(3) of the Act and requires a meeting to be closed to
the public and;
(i i) The vote is for a procedural matter, or for giving directions or
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instructions to officers, employees, or agents of the
Corporation, Local Board, Committee, or persons retained
by or under contract with the Corporation.
h) Meetings or sessions which are closed to the public may be
referred to as `in -camera' meetings or sessions. An In- Camera
session is a meeting in which a motion has been approved to move
into an In -Camera session as permitted in section 239 of the Act.
i) Upon coming out of the closed meeting/session a verbal report
shall be provided and read into the minutes at the next Regular
Council meeting.
5. Role of Council
It is the role of Council:
5.1 To represent the public and to consider the well-being and interests of the
municipality;
5.2 To develop and evaluate the policies and programs of the Corporation;
5.3 To determine which services the Corporation provides;
5.4 To ensure that administrative policies, practices and procedures and
controllership policies, practices and procedures are in place to implement
the decisions of Council;
5.5 To ensure the accountability and transparency of the operations of the
Corporation, including the activities of the senior management of the
Corporation;
5.6 To maintain the financial integrity of the Corporation; and
5.7 To carry out the duties of Council under this or any other Act.
6. Role of Mayor/Head of Council
It is the role of the Head of Council:
6.1 To act as Chief Executive Officer of the Corporation;
6.2 Act as the representative of the Corporation both within and outside the
Town, and promote the Corporation locally, nationally, and internationally;
6.3 To preside over Council meetings so that its business can be carried out
efficiently and effectively;
6.4 To provide leadership to the Council;
6.5 To provide information and recommendations to the Council with respect
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to the role of Council described in subsection 5;
6.6 Uphold and promote the purposes of the Corporation;
6.7 Promote public involvement in the Corporation's activities;
6.8 To represent the municipality at official functions; and
6.9 To carry out the duties of the Head of Council under this or any other Act;
and
6.10 Participate in and foster activities that enhance the economic, social, and
environmental well-being of the Corporation and its residents.
7. Role of Deputy Mayor
It is the role of the Deputy Mayor to:
7.1 Fulfil the normal duties of a Member of Council as established in Section
224 of the Municipal Act, 2001, and outlined in section 2.4.1 of this by-law.
7.2 Assist the Mayor in carrying out the Mayoral responsibilities as established
in Section 225 of the Municipal Act, 2001, and as delegated to the Mayor
in this By-law.
7.3 Serve as a member of County Council and attend all regular and special
meetings of County Council, as well as any committees to which the
Deputy Mayor may be appointed.
7.4 In the event the Mayor is absent, refuses to act, has declared a pecuniary
interest, or resigns from office, it is the duty of the Deputy Mayor to act in
the place of the Mayor and, while so acting, shall have all the powers and
duties of the Mayor with respect to presiding at meetings and fulfilling the
delegated duties set out in this by-law.
7.5 In the event that the Deputy Mayor is unable to act in the place and stead
of the Mayor with respect to presiding at meetings, the Clerk shall call the
meeting to order, and a Council Member shall be appointed by a
resolution of Council Members present to act as the presiding Chair and
preside over the meeting.
7.6 This by-law does not authorize the Deputy Mayor (Or member of Council)
to take the place of the Mayor as a municipal representative on, or to
assume any of the rights, powers, and authority of the Head of Council on
boards or committees that require a resolution to appoint its members,
without being duly appointed.
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8. Order of Proceedings at a Meeting of Council, Local Board or Committee
8.1 When meeting is to be called to order
As soon after the hour fixed for a meeting as a Quorum is present, the
meeting shall be called to order.
8.2 When meeting is NOT to be called to order
Where a Quorum is not present within fifteen (15) minutes after the hour
fixed for a meeting, the Clerk shall record the names of the members of
Council or Committee present, and the meeting shall stand adjourned until
the next meeting.
8.3 Order of Business: Council
The Clerk shall prepare an Agenda to aid Council or Committee or Local Board in
the conduct of their business. The Order of Business for the regular meetings of
Council shall be as follows:
a) Roll Call
b) Call to Order
c) Report Out on Closed Meeting
d) Moment of Silence
e) National Anthem
f) Land Acknowledgement
g) Disclosure of Pecuniary Interest
h) Minutes
i) Adoption of Supplementary Agenda
j) Consent Agenda
k) Delegations
1) Communications
(i) For Information:
(ii) For Action:
m) Update from County Council and Boards
n) Committee Minutes
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o) Reports
p) By-laws
q) Unfinished Business
r) New Business
s) Motions
t) Notice of Motion
u) Confirmatory By-law
v) Next Meetings
w) Adjournment
All business shall be taken up in the Order of Business in which it stands, but
subject to the discretion of the Clerk to change the Order of Business at any time
when required and without requiring a resolution of Council.
8.4 Order of Business — Special and Public meetings of Council
The Order of Business for Special or public meetings of Council shall be as
follows but subject to the discretion of the Clerk to change the Order of Business
at any time when required without requiring a resolution of Council:
a) Roll Call
b) Call to Order
c) Land Acknowledgement
d) Disclosure of Pecuniary Interest
e) Delegations
f) Communications
g) Reports
h) By -Laws
i) Confirmatory By-law
j) Adjournment
8.5 Order of Business — Committees and Local Board
The Order of Business for Committee and Local Board meetings shall be as
follows: (subject to the discretion of the Clerk to change the Order of Business at
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any time when required without requiring a resolution of the Committee or Local
Board:
a)
Roll Call
b)
Call to Order
c)
Land Acknowledgement
d)
Pecuniary Interest
e)
Delegations
f)
Communications
g)
Reports
h)
Unfinished Business
i)
New Business
j)
Next Meeting
k)
Adjournment
8.6 Delivery of Agendas
a) The Clerk shall post on the municipal website notice for all Council,
Committee and Local Board Meetings established by Council and
such posting serves as notice of the Meeting to the public as
required by the Act.
b) Prior to the first Meeting in January of each year the Clerk shall
post on the Town's website the approved schedule for all regular
Council Meetings for the upcoming calendar year.
c) The Clerk shall give at least forty-eight (48) hours' notice to the
public of all special Meetings of Council, Committee and Local
Board Meetings and post on the Town's website an agenda for
such meeting no later than twenty-four (24) hours before the
designated time of the meeting.
d) The Clerk shall post on the Town's website the full and complete
agenda for each regular Council Meeting not less than five (5) days
in advance of the day appointed for holding the Meeting which
posting may also serve as notice to the public of the Meeting.
e) Where notice of intention to pass a by-law or notice of a public
Meeting is required to be given by statute, the Clerk shall cause
such notice to be published in a newspaper or in such other
manner of prescribed notice in addition to posting on the Town's
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website.
f) Where notice of intention to pass a by-law or notice of a public
Meeting is required to be given by statute, such notice shall be
provided in the timeframe prescribed in the said statute, or its
regulations, and if not so prescribed, notice shall be given at least
five (5) calendar days prior to the proposed action being taken.
g) The Corporation's annual budget shall be adopted by by-law at a
regular Council Meeting and the Clerk shall provide a minimum of
four (4) days' notice by posting the notice on the municipal website.
Normal operating costs incurred prior to the adoption of the annual
budget shall not require notice, and approval of such expenditures
shall be deemed ratified upon the adoption of the annual budget.
h) Unless otherwise prescribed, where notice of intention to pass a by-
law or notice of a public Meeting is required to be given by statute,
the form of the notice shall include the following information:
(i) A description of the purpose of the meeting, or the purpose
and effect of the proposed by-law;
(i i) The date, time, and location of the meeting;
(iii) Where the purpose of the meeting or proposed by-law is
related to specific lands within the municipality, a key map
showing the affected lands; and
(iv) The name and address of the person who will receive written
comments on the issue that is the subject of the meeting and
the deadline for receiving such comments.
i) Nothing in this by-law shall prevent the Clerk from using more
comprehensive methods of notice or providing for a longer notice
period.
j) Lack of receipt of notice or failure to comply with the notice
provisions of this by-law shall not invalidate the holding of the
Meeting or any decision of Council or a Committee made at the
Meeting
9. Conduct of Proceedings at Meetings of Council or Committees/Local
Boards
9.1 Electronic Meetings
a) Unless otherwise stated the meetings shall be held in person.
However, in an Emergency or upon at least two (2) days' notice
published to the Town's website the Clerk in consultation with the
Mayor or CAO may require any Meeting to be hosted and held
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electronically only.
b) Electronic Attendance by Council and Committee Members at any
meetings shall be permitted.
c) Electronic Attendance by Members will be permitted in meetings
that are closed to the public in accordance with Section 239 of the
Act.
d) If a Member intends to attend the meeting by Electronic
Attendance, the Member shall provide the Clerk written notice of
the Member's intention prior to the time at which the meeting is
scheduled to commence.
e) Members attending the meeting through means of Electronic
Attendance may vote and shall be included in the calculation of
quorum.
f) In the event of an interruption in the communications' link to a
Member in Electronic Attendance, the Chair may:
g) decide to take a short recess until it is determined whether the link
can be re-established, or
h) continue the meeting and treat the interruption in the same manner
as if a member who is physically present leaves the meeting room.
i) No Member shall speak to a question or motion until the Member
has been recognized by the Mayor or Chair. A Member shall signal
his/her/their desire to speak by verbally requesting when the Chair
has opened the floor for discussion.
j) Every Member present at a meeting when a question is put, shall
vote, unless prohibited by statute. If prohibited, the Clerk shall
record the name of the Member and the reason that he or she is
prohibited from voting. A Member attending the meeting through
means of Electronic Attendance shall vote by audibly or
electronically stating "in favour" or "opposed.
9.2 Chair
It shall be the duty of the Mayor or Chair or the Chair of the Committee/Local
Board:
a) To attend all meetings of Council, Committee or Local Board;
b) To comply with and uphold Town By -Laws and Policies, Provincial
and Federal Laws;
c) To maintain confidentiality of all closed session deliberations and
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Page 19
matters.
d) To refrain from criticizing the decisions of Council, Committee or
Local Board.
e) To open the meeting of Council, Local Board, or the Committee by
taking the chair and calling the members to order and follow and
maintain the procedural rules and decorum of the meeting;
f) To announce the business before the Council or Committee or
Local Board in the order of which it is to be acted upon;
g) To receive and submit, in the proper manner, all motions presented
by the members;
h) To put to vote all questions, which are regularly moved and
seconded, or necessarily arise in the course of the proceedings,
and to announce the result;
i) To decline to put to vote motions which infringe upon the rules of
procedure;
j) To restrain the members, when engaged in debate, within the
Rules of Order;
k) To enforce on all occasions, the observance of order and decorum
among the members;
1) To call by name any members persisting in breach of the Rules of
Order of the Council or Committee or Local Board, thereby ordering
him to vacate the Council or Committee chambers;
m) To receive and announce all messages and other communications
and announce them to the Council or Committee or Local Board;
n) To authenticate, by their signature, when necessary, all by-laws,
resolutions and minutes of the Council or Committee or Local
Board;
o) To inform the Council, Local Board or Committee, when necessary
or when referred to for the purpose, in a point of order or usage;
p) To select members of Council who are to serve on Committees or
Local Boards, after written submissions by members, which are to
be delivered prior to the first meeting in each year;
q) To represent and support the Council or Local Board or Committee,
declaring its will, and implicitly supporting its decisions in all things;
r) To ensure that the decisions of Council, Local Board or Committee
are in conformity with the laws and by-laws governing the activities
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of the Council, Local Board or Committee;
s) To adjourn the meeting when the business is concluded;
t) To expel any person for improper conduct at a meeting;
u) To adjourn the meeting without question put in the case of grave
disorder arising in the Council or Committee or Local Board
chamber.
9.3 Councillor
It is the role of a Councillor to:
a) Participate at Council meetings so that its business can be carried
out effectively and efficiently;
b) Seek information and recommendations from Administration;
c) Prepare for meetings, including reviewing the Agenda and
background information prior to the meeting;
d) Declare any conflict of interest at a meeting where a conflict exists;
e) Speak only to the subject under debate at a meeting;
f) Vote on all Motions before the Council unless prohibited from voting
by law;
g) Observe proper procedure and decorum at all meetings;
h) Refrain from disturbing, through disorderly conduct, other
Members, speakers, or Delegations in attendance;
(i) refrain from the use of profane or offensive words or insulting
expressions at a meeting;
(i i) To maintain confidentiality of all closed session deliberations
and matters.
i) State questions to be asked through the Mayor or Chair at a
meeting;
j) Support the decisions of Council;
k) Act in accordance with the Declaration of Office
1) Notify the Clerk when the Member is aware that he or she will be
absent from a scheduled Meeting; and
m) Attend Meetings of Committees, Sub -Committees, and Local
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10. Decorum
Boards to which the Member has been appointed by Council.
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10.1 Disturb one another, or the Council or Committee or Local Board itself, by
any disorderly deportment disconcerting to any member speaking;
10.2 Resist the Rules of Order or disobey the decision of the Chair or of the
Council or questions of order or practice or upon the interpretations of the
Rules of Order of the Council or Committee or Local Board;
10.3 Be permitted to retake their seat at any meeting after being ordered by the
Chair to vacate, after committing a breach of any Rule of Order of the
Council or Committee or Local Board, without making apology and
obtaining the consent of Council or Committee or Local Board expressed
by a majority vote of the other members present, determined without
debate;
10.4 Leave their place on adjournment until the Chair leaves the chair;
10.5 Speak until they have addressed themselves to the Chair;
10.6 Walk across or out of the chamber or make any noise or disturbance when
the Chair is putting a question and shall occupy their seat while a vote is
being taken and until the result thereof is declared.
11. Rules of Order
11.1 The Chair
In directing the course of debate, the Mayor or Chair or the Chair of the
Local Board or Committee shall:
a) Designate the member who has the floor, when two or more
members wish to speak;
b) Preserve order and decide questions of order;
c) Read all motions presented in writing and state all motions
presented verbally before permitting debate on the question, except
when otherwise provided in this by-law.
11.2 Members
In addressing the Council or Committee or Local Board, no member shall:
a) Speak disrespectfully of His Majesty the King or any of the Royal
Family, or of the Governor-General, Lieutenant -Governor or any
member of the Senate, the House of Commons of Canada, or the
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Page 22
Legislative Assembly of Ontario;
b) Use indecent, offensive, or insulting language in or against the
Council or Committee or Local Board or any member thereof;
c) Speak beside the question in debate;
d) Speak more than once to the same question, except:
(i) upon the consideration of a report from a Committee to
which it was referred by Council after being properly
introduced and debated, but not determined, or
(ii) in explanation of a material part of their speech which may
have been interpreted incorrectly, or
(iii) with leave of the Council or Committee or Local Board after
all other members so desiring have spoken, or
(iv) a reply may be allowed by leave of the Council or Committee
or Local Board to the member who presented the motion to
Council, in which case, they shall speak for no longer than a
five (5) minute period without leave of Council or Committee
or Local Board;
e) Ask a question except of the previous speaker and in relation to
that Speaker's remarks;
f) Interrupt the member who has the floor, except to raise a point of
order.
11.3 General
a) Any member may require the question or motion under discussion
to be read at any time during the debate, but not to interrupt a
member while speaking.
b) Any member may appeal the decision of the Chair on a point of
order to the Council or Committee, which shall decide the question
without debate upon a majority vote of the members present.
c) Debate shall be restricted to each proposal in its turn when a
question has been divided upon leave of Council or Committee or
Local Board.
12. Motions
12.1 Motions
The following motions may be introduced verbally, without notice and
without leave except as otherwise provided by this by-law:
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a) A point of order,
b) the presentation of petitions,
c) to table a matter to a later date,
d) to move the previous question,
e) to refer a matter,
f) to adjourn,
g) to amend,
h) to suspend the Rules of Order, or
i) to close debate
j) any other procedural motion
12.2 Notices of Motion
Means a new motion received by the Clerk in writing, moved by a member
for inclusion and consideration on a future agenda of a regular meeting of
the Council.
a) Shall be given or presented under the Notice of Motions section of
the agenda and provided to the Clerk in writing at the meeting or
delivered to the Clerk prior to the meeting but unless otherwise
provided such notice shall not initially be before Council for the
purpose of consideration and debate.
b) The Notice which does not require a seconder and is not debatable
shall first be read at the meeting under the Notice of Motions
section of the agenda and shall outline the actionable intention of
the proposed motion. The Notice of Motion as presented will be
considered by Council at the next subsequent regular meeting of
Council.
c) If such Notice of Motion was provided enough in advance to allow
the inclusion of the published agenda, then Council, if it decides
otherwise, as expressed by resolution, may consider and vote upon
the motion at the same Council meeting at which the Notice of
Motion was presented.
12.3 Must be Seconded
a) A motion must be formally seconded before the Chair can put the
question or be recorded in the Minutes.
b) Motions which have not been seconded shall be recorded in the
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minutes and noted as defeated.
12.4 Withdrawal of Motions
After a motion is read or has been stated by the Chair, it shall be deemed
to be in possession of the Council or Committee or Local Board but can be
withdrawn before decision or amendment only with leave of the Council or
Committee or Local Board, expressed by resolution.
12.5 Priority of Disposition of Motion
A motion properly before Council or Committee or Local Board for
decision must receive disposition before any other motion can be
received, except a motion to amend, for the previous question, to adjourn,
to extend the hour of closing proceedings, to commit, or on a matter of
privilege.
12.6 To Amend a Motion
A notice to amend:
a) May be presented in writing;
b) Shall receive disposition of Council or Committee or Local Board
before a previous amendment or the question;
c) Only one motion to amend an amendment to the question shall be
allowed and any further amendment must be to the main questions;
d) Shall be relevant to the question to be received;
e) Shall not be received proposing a direct negative to the question;
f) Two separate distinct proposals of a question may be made;
g) Shall be put in the reverse order to that in which it is moved.
12.7 Call for the Vote
A motion to Call for the vote:
a) Is not debatable
b) Cannot be amended;
c) Cannot be proposed when there is an amendment under
consideration;
d) Shall preclude all amendment of the main questions;
e) When resolved in the affirmative, the question is to be put forthwith
By -Law Number 2023 - 076
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without debate or amendment;
f) When resolved in the negative, debate on the question (main
motion) shall continue.;
g) Cannot be received in any Committee of Council; and
h) May be voted against by the mover and seconder.
12.8 To Adjourn
The purpose of a motion to adjourn is to bring the meeting to an end. A
motion to adjourn the meeting:
a) Shall always be in order, except as provided in this paragraph and
shall be put immediately without debate;
b) When resolved in the affirmative, shall cause Council to
immediately rise and take no further proceeding until the next
meeting of Council. When resolved in the negative, shall entitle
Council to resume its debate at the point immediately prior to the
introduction of the motion to adjourn was moved. cannot be made
again until after some intermediate proceeding shall have been
completed by Council or Committee or Local Board;
c) Is not in order when a member is speaking, nor during the
verification of a vote;
d) Cannot be amended;
e) Is not in order immediately following the affirmative resolution of a
motion for the previous question.
f) A motion to adjourn or recess to a specific time, or to reconvene
upon the conclusion of a specific event, if carried the motion
suspends the Council meeting consistent with the conditions of the
motion.
12.9 Repetition
A motion called in the order in which it stands upon the agenda of the
order of business of a meeting, and which is not decided by Council or
Committee or Local Board, shall be allowed to stand, retaining its
precedence upon the agenda of the order of business of the next ordinary
meeting of Council or Committee or Local Board.
12.10 Ultra Vires
A motion on a matter beyond the jurisdiction of the Council or Committee
or Local Board shall not be received by the Chair.
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12.11 Point of Order
When a Member desires to call attention to a departure from or a violation
of the rules of procedure he or she shall call or raise the Point of Order
promptly to the attention to the Chair and at the time that the breach
occurs.
The Member shall briefly state the reasons for a Point of Order and the
Chair shall then decide upon the Point of Order and advise the Members
of his or her decision.
The Chair has the ability to refer the Point of Order to the rest of the
members for debate and decision when in doubt as how to rule on an
important point. The question so interrupted shall then be returned to the
point where it was suspended.
12.12 Reconsideration
Any proposal to reconsider or amend or rescind a previous Council
decision made with the current term of Council shall require a motion of
reconsideration. A motion to reconsider a decision of Council made earlier
in the same meeting may be presented at any time prior to the adoption of
the confirmatory by-law. A motion to reconsider a decision of Council
otherwise made with the current term of Council:
a) Shall be ruled out of order if any change to the previous decision
would interfere with an existing and legally binding commitment of
the Town as of the date the motion to reconsider is so moved or if
the action approved in the original Motion cannot be reversed.
b) Shall be ruled out of order if reconsideration of the same question
has previously been before Council as there shall only be one
reconsideration of the same question during the term of Council
c) Shall be moved by a member who voted on the prevailing side
when the question was first considered.
A motion to reconsider will be carried by a two-thirds (2/3) majority of the
members present and voting. If the motion to reconsider is resolved in the
affirmative the Clerk shall list the question on the next regular or special
Council meeting. However, if Council determines that there is an urgency
to address the subject matter prior to the next regular council meeting,
then a motion to waive the procedural rules could be considered to
address the question immediately.
12.13 To Commit or Refer
A motion to refer a question to a Committee or to Administration with or
without instructions:
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Page 27
a) Takes precedence over the main motion.
b) Can be amended as to the specific instructions/timing.
c) Shall not be debatable.
12.14 Divided Motion
A motion containing distinct proposals may be divided with leave of
Council or Committee or Local Board.
13. Voting on Motions
13.1 Question Stated
Immediately preceding the taking of the vote thereon, the Chair may state
a question in the form introduced and shall do so if required by a member.
13.2 No Interruption After Question Stated
After a question is finally put by the Chair, no member shall speak to the
question, nor shall any other motion be made until after the vote is taken
and the result has been declared.
13.3 Division of Question
A separate vote shall be taken upon each proposal contained in a
question divided with leave of Council or Committee.
13.4 Vote of Chair
a) The Chair, except where disqualified to vote, may vote on all
questions, and when so doing, shall vote last;
b) When the Chair determines to vote on a question, his vote shall be
spoken, signified, polled, and recorded after the votes of each
member voting.
13.5 Voting
The manner of determining the decision of Council or Committee or Local
Board on a motion shall be at the discretion of the Chair, and may be by
voice, show of hands, standing or otherwise. Except as may be otherwise
expressly directed in this by-law, all decisions by Council shall be
determined by a simple majority of votes cast by the members present
and eligible to vote on the matter.
Every member present at a Council meeting shall vote when the questior
is called by the Chair unless that Member has declared a pecuniary
interest in the matter in accordance with the Municipal Conflict of Interest
Act, R.S.O. 1990 c. M. 50 Any member who refuses to vote or abstains
By -Law Number 2023 - 076
Page 28
from voting shall be deemed on the question as a negative vote.
13.6 Recorded Vote
Upon a request made either immediately before or after the taking of the
vote but prior to proceeding to another item of business, by a member who
was present when the question was stated, the Chair shall request the
Clerk to conduct the recorded vote.
The Clerk, if requested, shall read the question prior to conducting the
vote and then in turn shall call out to each individual member in clockwise
order around those members sitting at the Council table and ask if such
member is in support of or opposed to the question as stated and each
individual member's answer shall be recorded into the minutes.
The Clerk shall at the conclusion of the vote announce the results of the
vote and state if the motion is carried or defeated. A recorded vote
conducted pursuant to a request made immediately before the taking of a
vote shall be binding upon the members with no subsequent further rights
to request another recorded vote.
During any such recorded vote requested and conducted after the taking
of a vote such recount of the vote shall be taken and be binding and the
previous decision of a vote determined in any other manner, and whether
declared or not, shall not be binding upon the Council or Committee or
Local Board.
14. General:
14.1 Disclosure of Pecuniary Interest
a) At a meeting at which a member discloses an interest under section
5 of the Municipal Conflict of Interest Act, R.S.O. 1990 c.M.50, or
as soon as possible afterwards, the member shall file a written
statement of the interest and its general nature with the Clerk.
b) The Clerk shall maintain a registry in which shall be kept,
(i) a copy of each statement filed under section 5.1; and
(ii) a copy of each declaration recorded;
c) The registry shall be available for public inspection on the Town's
website and the Clerk's Department.
14.2 Minutes
a) The Minutes shall record-
(i) The place, date, and time of the meeting;
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(ii) The names of the Chair or officers and of the members
present;
(iii) The reading, presentation, correction, and the adoption of
the minutes of prior meetings.
b) It shall be the duty of the Clerk to ensure that the minutes of the last
regular meeting are placed on the next following regular Council
meeting agenda for adoption. The Clerk shall make every effort to
place as soon as possible the minutes from special meetings of
Council and from committee meetings on a regular Council meeting
agenda for receipt and/or adoption (as may be the case).
14.3 Consent Agenda
The Clerk, in consultation with the CAO will place certain items on the
Regular Meeting Agenda as a proposed consent agenda item.
a) After Minutes or Adoption of Supplementary agenda (if applicable),
the Chair shall call for items or matters to be reviewed on the
Consent Agenda and will ask if there are any items or matters on
the Agenda that a member wishes to remove from the Consent
Agenda.
b) If a Member of Council identifies that they wish to speak to or
remove an item or matter, then such matter shall not be included in
the Consent Agenda and shall be dealt with separately in the order
in which the item appears on the Agenda;
c) In the event that a Member of Council declares a Conflict of Interest
on an item, that item shall not be included in the Consent Motion
and shall be dealt with separately in the order in which the item
appears on the Agenda; and
d) All items so listed under the Consent Agenda shall then be voted
on through one Consent Motion and that Motion shall be neither
debatable nor amendable.
14.4 Communications
For each Regular Meeting Agenda letters and/or written communications
for Council's information will be available to Council electronically through
the Council Communications shared folder.
The Members will advise the Clerk of which Communications they wish to
be included on the regular meeting agenda for Council's information.
Communications from Federal and Provincial ministries, and area
municipalities will automatically be placed on the agenda for Council's
information .At the meeting, and prior to approval of such items for receipt
by Council, the Chair will ask the members if they wish to remove and
By -Law Number 2023 - 076
Page 30
move any such items to the Communications for Action section of the
Agenda so to be considered individually, at the request of any Member of
Council at that meeting, for further discussion or action/support on that
item.
a) The Clerk, in consultation with the Mayor and CAO, has authority to
decline to list letters or written communications on an agenda under
the following circumstances:
(i) The subject matter is beyond the jurisdiction of Council;
(ii) The issue is specific to a labour/management dispute or
other matter properly held in closed session;
(iii) The issue has been or is to be considered by the Committee
of Adjustment;
(iv) Council has previously considered or made a decision on the
issue and a Delegation has appeared before Council with
respect to the same issue previously considered or decided
by Council within a period of twelve (12) months following
the date on which the issue was last considered or decided
by Council;
(v) The issue should be referred to Administration for action.
14.5 Update from County Council and Boards
The Mayor and Deputy Mayor or County Council alternate member (if
applicable) shall have the opportunity at each regular council meeting to
provide the public and the members of Council with a short update (up to
5 minutes) on matters affecting the Town of Tecumseh that were recently
discussed or are to be discussed at the County of Essex Council
meetings.
Any Council members who serve on any County Council Committees or
on the Boards of any organizations in their capacity as a Council Member
of the Town of Tecumseh shall also have the opportunity at each regular
council meeting to provide the public and the members of Council with a
short update (up to 5 minutes) on matters affecting the Town of Tecumseh
that were recently discussed or are to be discussed at the Committee or
Board meetings as the case may be.
14.6 Delegations and Attendance at Meetings
These provisions apply to any meetings of Council and its Committees:
Delegations:
a) Any person who wishes to appear as a Delegation at a regular
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Page 31
meeting shall give written notice to the Clerk seven (7) days in
advance of the meeting by submitting to the Clerk and agreeing to
abide by the prescribed form "Delegation Request & Requirements"
Form.
b) Any person who wishes to appear as a Delegation at a special
meeting or at a regular meeting on a matter that relates specifically
to a listed item on published Agenda shall submit to the Clerk and
agree to abide by the "Delegation Request & Requirements" Form
no later than 24 hours before the time of the meeting. The Clerk
shall have the sole authority to determine if the subject matter does
in fact relates specifically to a matter contained in the Agenda for
purposes of allowing or denying the Delegation.
Any person who wishes to appear as a delegation at a public
statutory meeting shall give notice to the Clerk no later 3 p.m. on
the day of the meeting by submitting to the Clerk and agreeing to
abide by the prescribed "Delegation Request & Requirements"
Form.
Subject to the discretion of the Chair, Delegations shall be limited in
speaking to not more than five minutes (5) and one speaker for
each municipal address. and further:
(i) A delegation consisting of more than five persons (5) shall
be limited to two (2) speakers, each limited to speaking not
more than five (5) minutes.
(ii) Local Organizations who annually report out to Council such
as the Essex Region Conservation Authority, Tourism
Windsor Essex Pelee Island and Essex Power shall be given
fifteen (15) minutes in total time.
c) If a delegation has not registered with or been accepted by the
Clerk in accordance with this by-law then such delegation request
may only be heard upon the unanimous approval of Council, by
resolution stated at the meeting.
d) The Clerk shall contact the Delegation to advise if their Delegation
Request has been accepted, and if accepted when their delegation
will be. Prior to any delegation appearing before council, the Clerk
will ensure that such delegation has been provided with the "Guide
to Delegations" information brochure.
e) The Clerk in consultation with the Mayor and CAO has authority to
deny Delegation requests under the following circumstances-
(i) The request is not submitted within the times required by this
By-law;
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(ii) The subject matter is deemed to be beyond the jurisdiction
of Council;
(iii) The issue is specific to a labour/management dispute, or
such other matter properly held in closed session;
(iv) The issue has been or is to be considered by the Committee
of Adjustment;
(v) Council has previously considered or made a decision on the
issue and a Delegation has appeared before Council with
respect to the same issue previously considered or decided
by Council within a period of twelve (12) months following
the date on which the issue was last considered or decided
by Council;
(vi) Council previously indicated it will not hear further from this
Delegation; or
(vii) The issue should be referred to Administration for action.
(viii) A Delegation shall not be received by Council on matters
relating to litigation or potential litigation affecting the
Corporation, including matters which are before and under
the jurisdiction of any court or tribunal, unless such matter is
referred to Council by the said court or tribunal, in the
alternative, Council deems the matter to be sufficiently
important to allow the Delegation to be heard.
(ix) The Clerk may refuse, or postpone, a delegation when there
has been, or will be, at least one (1) public or special
meeting held at which the public was, or will be, provided the
opportunity to make formal presentations on that subject
matter.
(x) In the event that a delegation request is refused, the Clerk
shall, upon request, provide to the person(s) in writing the
reasons for the refusal with a copy to Council.
f) If applicable, Delegations shall provide a copy of their presentation
or presentation materials if any to the Clerk and/or Town Solicitor
no later than 12 pm (Noon) on the day of the meeting at which they
will be appearing. If using presentation software, such as
PowerPoint, Delegations shall provide an electronic version to the
Clerk, which shall be uploaded onto a Town -supplied laptop that
Delegations may use during the Meeting. Presentation materials
shall be published with the circulated Agenda, whenever possible.
Failure to provide such presentation or presentation materials for
review prior to the meeting as required by this subsection will result
in a prohibition of such presentation or presentation materials being
By -Law Number 2023 - 076
Page 33
displayed at the meeting.
g) Delegations shall not distribute printed materials during the
Meeting. All printed materials must be submitted to the Clerk prior
to the commencement of the Meeting.
h) The display of placards and signs or use of any noise, the use of
any smart phones not set on mute, the use of any noise making
devices and the bringing into Council chambers of any foreign
objects is strictly prohibited.
i) The Clerk will only circulate and/or display material in the Agenda
or at the Meeting which complies with the provisions of the
Municipal Freedom of Information and Protection of Privacy Act
("MFIPPA").
j) Delegations will be scheduled in an order to be determined by the
Clerk.
k) Subject to the discretion of the Chair up to three
delegations/delegation groups in total will be permitted for a regular
meeting.
1) The Clerk, in consultation with the Mayor or the Chief
Administrative officer, reserves the right at all times to deny a
delegation request to appear in person and require such delegation
appearance to be by way of electronic attendance.
m) If there is a Report on the agenda with the same subject matter as
the purpose of the delegation, then the subject report shall
automatically (without need for resolution) be listed or moved on
the agenda to be dealt with under Agenda item 11: Delegations.
n) Delegations shall address their remarks through the Chair
o) Delegations shall confine their remarks to the business stated in the
written notice given to the Clerk.
p) Except on matters of order, Members shall not interrupt a
Delegation while they are addressing Council.
q) Members may address a Delegation only to ask questions and not
to express opinions or enter into debate or discussion.
r) Once a motion to receive the presentation or to decide on the
matter or to provide direction, has been moved and seconded, no
further representation or questions of the Delegation shall be
permitted.
s) The Chair may curtail any Delegation, any questions of a
By -Law Number 2023 - 076
Page 34
Delegation or debate during the presentation, as a result of disorder
or other breach of the Procedural By-law. If the Chair rules that the
Delegation is concluded, the person or persons appearing before
Council shall withdraw from the table.
t) A Delegation's failure to abide by the terms and conditions of
"Delegation Request & Requirements for attending at Council
Form" or a Delegation's disorderly conduct as determined by the
Chair may result in that Delegations removal from the Council
meeting.
Attendance at Meetings
u) Unless otherwise stated or provided for, all meetings shall be held
in person at Council Chambers. Members of the public have the
option to observe the Meetings either in person in Council
Chambers (or such other designated location) or virtually by way of
Livestream at the links denoted on the Town website.
v) However, in an Emergency or upon at least two (2) days' notice
published to the Town's website the Clerk in consultation with the
Mayor or CAO may require any Meeting to be hosted and held
electronically only.
w) Unless otherwise stated electronic participation in a meeting by a
delegate/ member of the public shall be permitted only during a
Declared Emergency or upon written request to the Clerk as an
Accommodation under the Human Rights Code or Accessibilities
for Ontarians' with Disabilities Act 2005 S.O. 2005 c.11.
x) Notwithstanding subsection 25 above, electronic participation in a
meeting by a delegate/member of public may be permitted if the
delegate does not reside or work in the County of Essex
geographical area or if the Clerk is satisfied that the Delegate, due
to personal emergency is not able to attend the meeting in person.
y) Any and all members of the public attending the Meeting in -person
must sign in with the Clerk or designate prior to the meeting and
agree in writing to abide by the "Delegation Request &
Requirements" Form while at Town meetings.
15. Petitions
A petition in regard to a matter within the jurisdiction of Council or Committee or
Local Board made over the signatures of the subscribers, shall be presented by a
subscriber or agent who knows the contents thereof and vouches for the
propriety of the petition may be received on leave of Council or Committee or
Local Board, may be disposed forthwith, assigned some future time for
consideration by Council or Committee or Local Board, or referred to a
Committee.
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16. Reports
16.1 Shall be received upon leave of Council or Committee or Local Board; or
16.2 May be accepted or approved upon resolution of Council or Committee or
Local Board;
16.3 May be recommitted to Council or Committee or Local Board or a different
Committee.
17. Unfinished Business
The items listed in the Order of Business of prior meetings which have not been
disposed of by Council or Committee or Local Board and the date of their first
appearance on the order of business shall be noted and repeated on each
subsequent order of business until disposed of by Council or Committee or Local
Board, unless removed from the order of business by leave of Council or
Committee or Local Board.
18. New Business
Members of Council may after the Agenda has been published, introduce matters
to an Agenda during a Meeting under the agenda heading "New Business". Such
matters shall only be those matters that are Minor and/or urgent in nature as
determined by the Chair
"Minor" for purposes of permitting the addition of New Business to an Agenda,
means matters that do not require extensive research and background
information and do not have a significant cost or impact on the Town or
resident(s) of the Town;
"Urgent" for purposes of permitting the addition of New Business to an
Agenda, means a matter that is time sensitive, and which could cause prejudice
if delayed until the next scheduled Meeting of Council
19. By-laws
Every proposed by-law shall:
19.1 Be listed or added on to the Regular Meeting Agenda and introduced at
the meeting by the Clerk, specifying the name of the proposed by-law.;
19.2 All By-laws shall receive three readings before final passage. All By-laws
shall receive first and second readings at the same meeting. If Council is
supportive of the Clerk's recommendation a by-law may receive third and
final reading at the same meeting unless otherwise directed or prohibited
by specific statute.;
19.3 All by-laws may be introduced and passed together in one motion. The
Clerk or any member may request that all the by-laws or any particular by-
By -Law Number 2023 - 076
Page 36
law be separated for the purpose of consideration and voting.
19.4 A simple majority vote is required to pass a by-law unless otherwise
directed by specific statute.
19.5 Be endorsed by the Clerk with the date of the several readings thereof.
19.6 The Clerk is authorized to make minor non -substantive corrections to any
by-law resulting from technical and/or typographical error(s).;
19.7 Be finally passed by Council before signature by the Mayor or Acting
Mayor of Council and the Clerk, and
19.8 Be stamped with seal of the Corporation of the Town of Tecumseh.
Every proposed by-law may be referred to a committee or administration for
report after second reading, and such reference may be made with or without
debate on either or both the proposed by-law or the motion to so commit, as the
Council may decide.
A confirmatory by-law shall be passed at each regular and special meeting of
Council.
If upon consultation with the Mayor and/or Chief Administrative Officer, the Clerk
determines that there is a matter of urgency that requires Council to consider a
By-law prior to the next regular meeting of Council then the Clerk may add to the
Agenda for any Special meeting of Council a By-law to be considered at that
meeting.
By -Laws shall be introduced in the section on the Council agenda designated for
By -Laws.
20. Suspension of Rules
Any procedure required by this by-law may be suspended with consent of not
less than four -fifths (4/5) of the members present.
21. Electronic Recordings and Photographs
Any person may make an electronic recording of Council, Committee or Local
Board Meetings or take photographs provided that the activity does not, in the
opinion of the Chair, interfere with the Meeting proceedings or interfere with the
Corporation's recording of Council Meetings.
22. Former By-laws Repealed
By-law No. 2022-013, as amended, by the Corporation, is hereby repealed and
any by-law inconsistent with this by-law
By -Law Number 2023 - 076
Page 37
23. Prolonged Absence
In accordance with the Act the office of a Member becomes vacant if the Member
is absent from the meetings of Council for three (3) successive months without
being authorized to do so by a resolution of Council.
This section does not apply to vacate the office of a Member if the absence is a
result of the Member's pregnancy, the birth of the Member's Child or the adoption
of a child by the Member.
24. Short Title
This by-law may be referred to as either the "Procedural By -Law" or the "Rules of
Procedure".
25. Effective
This by-law shall come into full force on the date of the final passing thereof.
Read a first and second time this 27th day of June, 2023.
Gary McNamara t�
Signed with CansignO Cloud (2023/07/11) `
Verity with verifo.com or Adobe Reader.
Gary McNamara, Mayor
Robert Auer
Signed with Consign0 Cloud ( 023/07/16)
Verify with verifo.com or Adobe Reader.
Robert Auger
Read a third time and finally passed this 11th day of July , 2023.
4
- Y -
IECUMSE0
unnm OC O
Gary McNamara
Signed with ConsignO Cld (2023/07/11) , ,
Verify with verifio.com or auAdobe Reader.
Gary McNamara, Mayor
Robert Auer
Slgned with Consign 0 Clo ud 023107116)
Verily with veriflocom ar Adobe Redder.
Robert Auger