HomeMy Public PortalAbout22-001 - Procedural By-law1
PROCEDURAL
BY-LAW
2
Contents
BY-LAW NO. 22-001 ......................................................... 3
ARTICLE I ............................................................................ 3
1. DEFINITIONS ........................................................... 3
ARTICLE II ........................................................................... 5
2. GENERAL PROVISIONS .............................................. 5
3. MEETINGS ............................................................... 6
4. NOTICE ................................................................... 8
5. CALLING OF MEETING TO ORDER AND QUORUM ........... 8
6. CURFEW .................................................................. 9
7. THE CONDUCT OF PROCEEDINGS AT A MEETING OF
COUNCIL ................................................................. 9
8. AGENDA ................................................................. 11
9. MINUTES ................................................................ 13
10. DEPUTATIONS ......................................................... 13
11. PETITIONS AND COMMUNICATIONS ........................... 14
12. UNFINISHED BUSINESS ............................................ 14
13. READINGS OF BY-LAWS AND PRECEEDINGS THEREON 14
ARTICLE III ....................................................................... 15
14. INTRODUCTION OF MOTIONS .................................... 15
15. READING ................................................................ 16
16. WITHDRAWAL ......................................................... 16
17. MOTIONS RULED OUT OF ORDER ............................... 16
18. NOT WITHIN THE JURISDICTION OF COUNCIL ............. 16
19. ORDER OF CONSIDERATION ..................................... 16
TYPES OF ................................................................ 17
20. MOTIONS ................................................................ 17
21. VOTING .................................................................. 20
ARTICLE IV ...................................................................... 21
22. RULES OF DEBATE ................................................... 21
23. POINTS OF ORDER AND PRIVILEGE ............................ 22
ARTICLE V .......................................................................... 22
24. COMMITTEES OF COUNCIL ........................................ 22
25. DUTIES OF THE COMMITTEECHAIR ............................ 23
ARTICLE VI ........................................................................ 25
26. CONFIRMATORY BY-LAW ........................................... 25
ARTICLE VII ....................................................................... 25
27. CONDUCT OF MEMBERS DURING MEETINGS ............... 25
ARTICLE VI ........................................................................ 26
28. REPEAL – ENACTMENT .............................................. 26
29. SEVERABILITY ......................................................... 27
30. EFFECT ................................................................... 27
31. SHORT TITLE ........................................................... 27
3
THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE
THOUSAND ISLANDS
BY-LAW NO. 22-001
BEING A BY-LAW TO GOVERN AND REGULATE THE
PROCEEDINGS OF THE MUNICIPAL COUNCIL, THE CONDUCT
OF ITS MEMBERS, AND THE CALLING OF MEETINGS.
WHEREAS Section 238 subsection (2) of the Municipal Act, 2001,
S.O. 2001, c.25, as amended states that every Council and local
board shall adopt a procedure By-law to govern the calling, place
and proceedings of meetings; and
WHEREAS Council of the Corporation of the Township of Leeds and
the Thousand Islands deems it expedient to pass such a by-law;
and now therefore,
BE IT RESOLVED THAT the Council for The Corporation of the
Township of Leeds and the Thousand Islands enacts as follows:
ARTICLE I
1. DEFINITIONS
In this By-law;
1.01 “Clerk” means the Clerk of the Township.
1.02 “Closed Meeting” means a meeting closed to the public as
permitted or required by the Municipal Act.
1.03 “Committee” means a group of individuals duly appointed
by Council in an advisory capacity, including standing (long
term) and ad-hoc (special interest) committees.
1.04 “Committee Chair” means the Presiding Officer of a
committee.
1.05 “Committee of the Whole” and “COTW” mean a group of
individuals comprised of all Members of Council.
1.06 “Consent Agenda” means items on an agenda that may be
dealt with by Council or Committee in accordance with
Subsection 7.04 of this By-law.
1.07 "Council” means the body of the elected officials exercising
the powers of the municipality under the Municipal Act.
1.08 “Deputy Mayor” means the Member of Council appointed to
act in the place of the Head of Council when they are
absent, refuse to act, or the office is vacant. They are
appointed in accordance with section 2.04.
4
1.09 “Emergency” means a sudden, generally unexpected or
time sensitive occurrence demanding immediate action by
Council.
1.10 “Ex officio” means the Mayor is a Member on all
committees and they are entitled to receive all notices and
relevant information and may participate in the discussion
as well as vote and shall be considered part of a quorum.
1.11 “Integrity Commissioner” means the person appointed by
Council pursuant to Section 223.3 of the Municipal Act.
1.12 “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 the Municipality,
excluding a school board and a conservation authority.
1.13 “Main Motion” is a motion to consider any subject that is
brought before Council for its consideration.
1.14 “Mayor” means the Head of Council of the Township for the
purposes of the Municipal Act.
1.15 “Meeting” means a quorum of Members that are either
physically or electronically present to 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.
1.16 “Member” means an individual duly elected or appointed to
serve on the Council or a Committee of the Township.
1.17 “Municipal Act” means the Municipal Act, 2001, S.O. 2001,
c. 25, as may be amended, repealed or replaced from time
to time.
1.18 “Ombudsman” means the person appointed by Council
pursuant to Section 223.13 of the Municipal Act.
1.19 “Ombudsman’s Report” means the findings submitted to
Council following an investigation.
1.20 “Presiding Officer” means the Mayor, Deputy Mayor or
Member acting as chair of a meeting.
1.21 “Privileged Motion” is a motion that, due to its importance,
takes precedence over all other questions and is not
debatable.
1.22 “Resolution” means a formal determination made by
Council or a committee on the basis of a motion, duly
placed before a regularly constituted Council or Committee
meeting for debate and decision, and duly passed.
1.23 “Rules” or “Rules of Procedure” means the provisions set
out in this by-law and/or Robert’s Rules of Order.
5
1.24 “Secondary Motion” is a motion which, if adopted, may
affects the disposition of a Main Motion.
1.25 “Special Meeting” means a meeting, other than a regularly
scheduled meeting, called pursuant to the Municipal Act or
the provisions of this by-law.
1.26 “Township” shall mean The Corporation of The Township of
Leeds and the Thousand Islands.
ARTICLE II
2. GENERAL PROVISIONS
2.01 The rules and regulations contained in this By-law shall be
observed in all proceedings of the Council and shall be the
rules and regulations for the order and dispatch of
business in the Council and in the Committees thereof.
2.02 This By-law also applies to all local boards where a local
board has not adopted its own Rules of Procedure, in which
case the necessary changes in terminology shall be
deemed to apply, such as replacing “Council” with “Local
Board”, and “Clerk” with “Board Staff”.
2.03 A rule in this By-law may be suspended for the purpose of
that meeting or for purposes of a specific matter by a vote
of two-thirds of the Members present and voting, provided
that the rule is not mandated by legislation.
a) A motion to suspend the rules is not debatable.
2.04 The calculation of two-thirds vote shall be rounded up to
the next highest whole number.
2.05 The governing legislation, the Procedural By-law, or any
standing or special rules of order adopted by the Township
shall govern the procedures of Council. Where
inconsistencies exist or no rule is specified, the current
edition of Robert Rules of Order, shall be the parliamentary
authority which governs the proceedings of the Township.
2.06 In the case of the absence of the Mayor due to illness,
refusing to act, or if the office is vacant, the Deputy Mayor
shall act in the place and stead of the Mayor as head of
council and they shall have all the rights, powers and
authority of the head of council while so acting.
6
3. MEETINGS
3.01 Subject to the Electronic Meetings section, Meetings of
Council shall normally be held in the Council Chambers,
located at 1233 Prince Street, Lansdowne, Ontario.
3.02 The Inaugural Meeting of a Council newly elected shall
take place on the first Monday of December following the
general municipal election. Regular Council meetings will
be ordinarily held on Mondays. Whenever possible, the
schedule will be created with COTW on the first Monday of
the month and Council the following Monday. The meeting
schedule will be determined such that a meeting will not
fall on a public holiday as such term is defined in the
Employment Standards Act, 2000, S.O. 2000, c 41, as may
be amended, repealed or replaced from time to time.
Should a meeting fall on a public holiday, it will be held on
the following Tuesday.
a. At the inaugural meeting of a Council, the Mayor shall
nominate for approval by Council, the Deputy Mayor.
The Deputy Mayor shall be appointed for the term of
Council or any such period as Council deems
appropriate.
3.03 The COTW and Council meetings will be held in accordance
with the approved schedule of meetings set out and
approved by Council, in the year prior.
3.04 Council may deviate from the Schedule of regular meetings
or call additional meetings by resolution in which case a
notice shall be posted advising of the time and date.
3.05 Special Meeting - The Mayor, may at any time summon a
Special Meeting of Council with 48 hours’ notice to the
Members of Council or, upon receipt of a petition of the
majority of the Members of Council, the Clerk shall
summon a Special Meeting for the purpose of, and at the
time specified, in the petition:
a. the only business to be dealt with at a Special Meeting
shall be that which is listed in the notice of the
meeting;
b. Subject to the Closed Meeting section, all Special
Meetings shall be open to the public. Notice will be
posted on the Township’s website.
3.06 Emergency Meeting - the Mayor, in the event of an
Emergency may call a Special Meeting of Council without
giving the mandatory 48 hours’ notice, provided that the
Clerk has diligently tried to advise all Members of Council
immediately on being informed by the Mayor of their
intention to hold such Special Meeting:
a. all reasonable efforts will be made to post, as soon as
possible, the notice of meeting at the Clerk’s office, on
7
the Township’s website, and other media as the Clerk
may determine.
b. emergency meetings, if required, may be held at a
different location, if the established site of Council
Chambers is inaccessible.
3.07 Closed Meeting - The Mayor, with the advice of the Clerk,
shall decide the agenda items for Closed Meetings.
a. before holding a meeting pursuant to Section 239 of
the Municipal Act, in whole or in part, that is to be
closed to the public, Council, COTW, Committees or
Local Boards shall state by resolution, the fact of the
holding of the Closed Meeting and the general nature
of the matter or matters to be considered at the Closed
Meeting:
b. voting in a closed session is prohibited except under
the following circumstances:
• the vote is for a procedural matter (for example,
adoption of in camera minutes or adjournment of a
meeting that was closed to the public); or
• for giving directions or instructions to officers,
employees or agents of the Township, local board
or Committee or persons retained by or under a
contract with the Township or local board.
3.08 Cancellation of Meetings – A COTW as well as regular or
special meeting of Council may be cancelled in any of the
following circumstances:
a. the Clerk determines in advance that quorum will not
be achieved;
b. the meeting is cancelled by Council resolution; or
c. with 48 hours’ notice, in the event of exceptional
circumstances, at the discretion of the Mayor, in
consultation with the Chief Administrative Officer and
/or Clerk.
3.09 Electronic Meetings - electronic participation may be
allowed for a Member in accordance with this section:
a. Members participating electronically shall count toward
determining whether a quorum of Members is present
and may vote;
b. Members may participate electronically in a meeting
which is closed to the public. It is the Member’s
responsibility to take all reasonable measures to
ensure confidentiality and security of all close meeting
content, in accordance with the Council Code of
Conduct policy.
8
4. NOTICE
4.01 All notices of meetings, agenda and other communication
to be given to Members shall be given by posting the
notice, agenda or document on the Council automated
agenda system at least 48 hours in advance and notifying
the Members by e-mail at their e-mail addresses on record
at the Township that such notice, agenda or document has
been posted.
4.02 When a notice of meeting, agenda or other communication
has been given to a Member of Council or Committee in
accordance with subsection 4.01, it shall be deemed to
have been received by the person to whom it was
transmitted at the point of time that is six (6) hours after
the time the e-mail was sent by the Township:
a. In the event of an Emergency meeting, the Clerk shall
follow up an email notification with a telephone call to
the Member of Council.
4.03 If a Member does not have regular access to email or the
internet, the Clerk shall make such alternative
arrangements as they consider advisable to provide the
person with notices of meetings, agenda and other
communication. Such person shall be deemed to have
received the notice, agenda or communication at the point
of time that is six (6) hours after the time it is sent to the
Members by the Township.
5. CALLING OF MEETING TO ORDER AND QUORUM
5.01 As soon after the hour fixed for the holding of the meeting
of the Council as a quorum is present, the Mayor, or in the
Mayor’s absence, the Deputy Mayor or Presiding Officer,
shall act as chair and call the meeting to order.
5.02 A quorum is a simple majority of the Members of Council,
calculated by 50 percent of Members present + one
(50%+1).
5.03 If no quorum is present 15 minutes after the time
appointed for the meeting of the Council, the Clerk shall
record the names of the Members present and the meeting
shall stand adjourned until the date of the next regular
meeting.
5.04 If the Mayor and the Deputy Mayor do not attend within
fifteen (15) minutes after the time appointed for a meeting
of the Council, the Clerk shall call the Members to order
and a Presiding Officer shall be appointed by descent
alphabetically from the Members present. Such Member
9
shall preside until the arrival of the Mayor or the Deputy
Mayor, and while presiding the Presiding Officer shall have
all the powers of the Mayor.
5.05 If quorum is lost for a period greater than fifteen minutes,
the meeting shall stand adjourned, but not ended, and
shall reconvene at the next regularly scheduled Council
meeting or at such other time and place as the Mayor may
determine.
5.06 An adjourned meeting shall reconvene at the same
location within the Agenda that it previously adjourned.
6. CURFEW
6.01 No item of business may be dealt with at a regular COTW
or Council meeting after a three (3) hour period unless 2/3
consent is given by the Members of Council or COTW, as
applicable.
6.02 Where curfew is extended by unanimous vote, the
extension shall be for an additional ½ hour.
6.03 A motion for a recess may be called at any time during the
meeting.
7. THE CONDUCT OF PROCEEDINGS AT A MEETING OF
COUNCIL
7.01 It shall be the duty of the Presiding Officer to:
a. open the meeting of Council by taking the chair and
calling the Members to order;
b. receive and submit in the proper manner all motions
presented by the Members of Council germane to the
agenda;
c. put to a vote all questions which are regularly moved
and seconded, or necessarily arise in the course of
proceedings, and announce the results;
d. decline to accept any motion that is outside of the
Council’s jurisdiction put to a vote, and any motions
which would infringe the rules of procedure;
e. restrain the Members within the Rules of Procedure
when engaged in debate;
f. enforce on all occasions the observance of order and
decorum among Members;
g. authenticate by their signature where necessary, all
by-laws, resolutions and minutes of the Council
meeting they presided over;
10
h. represent and support the Council, declaring its will
and obeying implicitly its decisions in all things;
i. ensure that the decisions of Council are in conformity
with the laws and by-laws governing the activities of
the Council, in accordance with the Municipal Act and
any other Act that may apply;
j. to order any individual or group in attendance at the
meeting to cease and desist any behaviour which
disrupts the order and decorum of the meeting and to
order the individual or group to vacate the Council
Chambers where such behaviour persists;
k. adjourn the meeting without questions in the case of
grave disorder arising in the Council Chambers;
l. adjourn the meeting when the business at hand is
concluded.
7.02 Members of the public who constitute the audience during
a Council meeting, shall maintain order and may not:
a. address Council;
b. interrupt any speech or action of the Members of
Council or any other person addressing Council; or
c. display or have in their possession picket signs or
placards in any Township buildings.
7.03 Members of the public who constitute the audience during
a COTW meeting shall maintain order and may not:
a. interrupt any speech or action of the Members of
COTW or any other person addressing COTW; or
b. display or have in their possession picket signs or
placards in Township buildings.
• Any person contravening the rules of conduct
will be removed from the Council chambers.
7.04 Pursuant to Section 5.1 of the Municipal Conflict of Interest
Act, R.S.O 1990, c M.50, a Member shall file a written
statement of the interest describing the general nature of
such interest, with the Clerk or the secretary of the
Committee or local board:
a. All such statements shall be kept for public record
within the Clerk’s Office and may be viewed at any
time by the public.
11
8. AGENDA
8.01 The Clerk shall prepare for the use of the Members at a
COTW meeting an agenda under the following headings:
a. Call to Order
b. Declaration of Conflict of Interest and the General
Nature Thereof
c. Adoption of the Agenda
d. Delegations/Presentations
e. Staff Reports
f. Information Items
g. Unfinished Business
h. Other Business
i. Matters Arising from Standing Committees
j. Notice(s) of Motion
k. Mayor’s Update
l. In Camera (if required)
m. Adjournment
8.02 The Clerk shall prepare for the use of the Members at a
regular meeting of Council an agenda under the following
headings:
a. Call to Order
b. O’Canada National Anthem
c. Declaration of Conflict of Interest and the General
Nature Thereof
d. Adoption of the Agenda
e. Consent Agenda
• Adoption and/or Receipt of Minutes
• Staff Reports
f. Action Required Items
g. Mayor’s Update
h. Announcements
i. In Camera (if required)
j. By-laws
k. Confirmatory by-law
l. Adjournment
8.03 Motions of a substantive nature, where action is required by
Members of Council may not be voted on at a Council
meeting where it is introduced but rather, it shall be
introduced at a meeting, under Notice of Motion and shall
adhere to all of the requirements of the Notice of Motion
section.
8.04 Confidential reports distributed with the agenda or handed
out at the meeting shall be returned to the Clerk on the day
of the meeting for shredding unless it is determined by the
Clerk that the confidential reports can remain in the
possession of the Members:
a. No Member or staff shall disclose the content or
deliberations of a closed meeting, unless:
12
• expressly authorized to do so by a majority vote of
Council or the Committee;
• such disclosure is required to execute the specific
direction(s) provided in the closed meeting, and then
only to the extent that is necessary in the
circumstances, or as required by law.
8.05 A Consent Agenda shall be utilized within a regular meeting
of Council:
a. Items added to the Consent Agenda are general in
nature and do not need specific debate by Council.
b. All matters listed under Consent Agenda are considered
to be routine and will be enacted by one motion. Should
a Council Member wish an alternative action from the
proposed recommendation, the Member shall request
that this matter be moved to “separate” the item
c. The process shall be as follows:
• The chair shall introduce by way of a motion, duly
moved and seconded, the items contained in the
agenda;
• The chair shall then inquire whether any Members
wish to debate any items set forth in the motion;
• Any Member who wishes to debate or amend an item
set forth in the motion shall advise the chair of the
item(s);
• Any items that have been identified for debate or
amendment shall be debated or amended by Council
separately;
• If at the conclusion of the debate, no amendments
have been proposed to any of the items, the chair
shall then call the vote on the Consent Agenda;
• If at the conclusion of the debate amendments have
been proposed, the chair shall report all amendments
to Council;
• The chair shall then call the vote on each amended
motion prior to a vote on the Consent Agenda
motion;
• The chair shall separate any item on which a Member
has declared a pecuniary interest in accordance with
the Municipal Conflict of Interest Act and a separate
vote shall be taken with the item in question, prior to
a vote on the Consent Agenda;
• A Consent Agenda shall also be utilized for the By-
laws item on the agenda, in accordance with this
procedure;
13
9. MINUTES
9.01 Minutes shall record:
a. the place, date and time of the meeting;
b. the attendance of the Members, staff and Presiding
Officer;
c. the reading, if requested, the correction, if necessary,
and adoption of the minutes of prior meetings;
d. all other proceedings of the meeting without note or
comment, including all resolutions and decisions;
e. Disclosure(s) of pecuniary interest and the general
nature thereof;
f. The late arrivals and early departures of Members.
9.02 It shall be the duty of the Clerk to ensure that the minutes
of the last regular meeting, and all special and standing
Committee meetings held more than five (5) days excluding
Saturdays and Sundays prior to a regular meeting, together
with the agenda and related materials prepared in
accordance with the Agenda section, are delivered to each
Member not less than 48 hours before the hour for the
holding of such regular meeting, and to the public via the
Township website.
9.03 Such minutes may be adopted by Council without having
been read at the meeting considering the questions of their
adoption.
10. DEPUTATIONS
10.01 Individuals or groups desiring to address COTW must
register with the Clerk (on the municipally prescribed
form), and provide any correspondence/ presentation
material, no later than Noon (local time – Lansdowne
Ontario) on the Monday one week prior to the day of the
COTW meeting.
10.02 The inclusion of a deputation on the agenda shall be
determined on a first come first served basis unless items
of a higher priority or a time sensitive nature arise (at the
discretion of the CAO and Mayor). As a rule, no more than
two (2) deputations shall be heard at any COTW meeting.
10.03 Deputations shall be limited to ten (10) minutes of
presentation time with an additional ten (10) minutes for
questions and answers from Members.
10.04 Deputations shall abide by the rules of conduct and shall:
a. not speak on any subject other than the subject for
which they have received approval to address;
14
b. not enter into cross debate with other deputations,
administration, Members or the Chair;
c. not appear for the purpose of publicly announcing a local
event or commercial sales pitch; and
d. refrain from public outbursts, shouting, or behaviour
intended to disrupt the discussion and/or general
proceedings of the meeting;
e. a party will be limited to a single deputation on a
particular subject unless new information arises on the
same subject.
11. PETITIONS AND COMMUNICATIONS
11.01 Every communication, including a petition designed to be
presented to the Council, shall be written legibly, or printed
and shall not contain any obscene or improper matter or
language and shall be signed by at least one person and
filed with the Clerk.
11.02 Every petition or communications shall be delivered to the
Clerk no later than Noon on the Monday one week prior to
the day of the Council meeting.
11.03 Communications or petitions will be added to the Council or
COTW agenda depending on its nature, (action required/
information) at the discretion of the Clerk.
12. UNFINISHED BUSINESS
12.01 Any matter that has been tabled to a subsequent meeting
(if such does not require a staff report), shall be considered
under Unfinished Business until disposed of.
13. READINGS OF BY-LAWS AND PRECEEDINGS
THEREON
13.01 No by-law shall be presented to Council unless copies in
printed or electronic form have been circulated previously
to Council with the agenda. The Clerk shall set out on all
by-laws enacted by Council the date of all readings thereof.
13.02 Notwithstanding Section 13.01, by-laws may be presented
for consideration of Council without the necessity of
circulation if approved unanimously by Council.
13.03 By-laws shall be introduced by one Consent Agenda
motion, properly moved and seconded by Council, and
follow the Consent Agenda procedure set out in that
section.
15
13.04 Every by-law proposed to Council shall be in printed form
and shall contain no blanks except such as may be
required to conform to accepted procedures or to comply
with the provisions of any Act and shall be complete with
the exception of the number and date thereof.
13.05 Every by-law shall have three readings prior to it being
passed. Three readings may be given at a single Council
meeting unless a duly moved and seconded motion to
postpone the third reading to a day certain, is approved.
13.06 Every by-law enacted by the Council shall be numbered
and dated and shall be sealed with the seal of the
Corporation, signed by the Clerk and the Presiding Officer
and deposited by the Clerk in the Township office for
safekeeping.
ARTICLE III
14. INTRODUCTION OF MOTIONS
14.01 The Presiding Officer shall state the names of Members
moving and seconding the motion and read the motion. A
motion so put shall be considered the Main Motion.
14.02 No Member shall speak on any motion until it is first read,
and the mover is entitled to speak first if the Member so
elects. If debated, the motion may be read again before
the question is put to Council.
14.03 The following matters and motions may be introduced
orally without notice, except as otherwise provided by the
Rules of Procedure:
a. a point of order or privilege;
b. to move the question be put; (requires 2/3’s vote)
c. to adjourn;
d. motion to refer;
e. motion to table, postpone, or defer to certain day;
f. motion to amend;
g. motion to suspend the Rules of Procedure (requires
2/3’s vote) and
h. any other procedural motion
14.04 Save and except for motions described in subsection 14.03
of this By-law, all other motions shall be in writing, and
shall be duly moved and seconded and filed with the
Recording Secretary.
16
14.05 All motions may be supported or opposed by the mover
and seconder.
14.06 There shall never be more than one Main Motion before
Council at one time.
14.07 When the motion under consideration contains two or more
proposals, the same shall, at the request of any Member,
be voted on separately.
14.08 Any Member may require the motion under discussion to
be read a second time for their information, at any time
during debate, but not so as to interrupt a Member
speaking.
15. WITHDRAWAL
15.01 After a motion has been duly moved and seconded and
stated by the Presiding Officer it shall be deemed to be in
the possession of Council:
a. the motion may only be withdrawn with the
permission of the mover and seconder before it has
been stated by the Presiding Officer;
b. once a motion has been stated by the Presiding
Officer, it may only be disposed of by motion, duly
moved and seconded and voted on by the Members
present.
16. MOTIONS RULED OUT OF ORDER
16.01 Whenever the Presiding Officer is of the opinion that a
motion is contrary to the Rules of Procedure, the Presiding
Officer shall rule the motion out of order.
17. NOT WITHIN THE JURISDICTION OF COUNCIL
17.01 A motion which requires the exercise of a power or powers
by Council which are not within its jurisdiction shall not be
considered.
18. ORDER OF CONSIDERATION
18.01 When a motion is under consideration, no other Main
Motion shall be received.
18.02 Notwithstanding section 18.01, a procedural motion or a
motion to amend would be in order.
18.03 Procedural motions shall be considered immediately upon
receipt and are subject to debate as follows:
17
a. To extend the time of the meeting (not debatable);
b. to move the question be put (not debatable and needs
2/3’s vote);
c. to refer (debatable only on the motion to refer);
d. to lay on the table (NOT debatable);
e. to defer indefinitely or to a certain day (debatable);
f. to adjourn (not debatable)
g. any other procedural motion
19. TYPES OF MOTIONS
19.01 Motion to Adjourn - The purpose of a motion to adjourn is
to bring a Council meeting to an end or re-adjourn to
another time and date. A motion to adjourn:
a. is not in order when a Member is speaking or between
the times a vote is called and the results of the vote
have been declared;
b. may be verbal;
c. if resolved in the affirmative, shall cause Council to
immediately rise and take no further action on
outstanding Council items on the current agenda
proceeding until the next meeting of Council;
d. all outstanding items shall be added to unfinished
business of the meeting agenda immediately
following;
e. if resolved in the negative, shall entitle Council to
resume its debate at the point immediately prior to
the point at which the motion to adjourn was moved;
f. is not debatable.
g. A motion to adjourn to a specific time, or to reconvene
upon the happening of a specific event, if carried,
suspends the Council meeting to continue at such time
or upon the happening of such event.
19.02 Motion to Refer (secondary) - The purpose of a motion to
refer is to refer a question to a Committee, COTW or Chief
Administrative Officer. A motion to refer:
a. need not be in writing;
b. shall receive disposition of Council before the vote on
the Main Motion;
18
c. shall state the Committee or appointed official to
which the matter shall be referred;
d. can be amended as to the method of disposition,
Committee or other similar instructions; and
e. shall preclude all amendments of the Main Motion until
it is decided.
19.03 Motion to defer (secondary) - The purpose of a motion to
defer is to have a matter postponed or deferred indefinitely
or to a definite date.
a. The motion to defer is debatable on the merits of the
deferral.
19.04 Motion to Amend - a motion to amend must be:
a. to add or insert certain words or phrases;
b. to strike out certain words or phrases or;
c. to amend certain words or phrases;
d. relevant and not contrary to the principle of the
motion or report under consideration;
e. propose a separate and distinct disposition of a motion
only where such altered disposition continues to relate
to the main issue and subject matter of the motion;
f. voted on before the Main Motion;
g. a primary amendment or a sub-secondary amendment
to a question at any one time. When both have been
dealt with, the Presiding Officer may entertain a
further amendment or sub-amendment, as the case
may be;
h. be voted on in reverse order to their introduction. The
secondary amendment (amendment to the
amendment) must be disposed of before the primary
amendment and the primary amendment must be
voted on before the Main Motion.
19.05 Motion to Call the Question - The purpose of a motion to
call the question is to immediately close debate and bring
Council to a vote on a pending question. A motion to call
the question:
a. is not debatable;
b. is not amendable;
c. cannot be moved when there is an amendment under
consideration;
19
d. requires a 2/3’s vote for approval;
e. If a motion to Call the Question is resolved in the
affirmative, the Presiding Officer shall forthwith put
the Main Motion as a question;
f. If a motion to Call the Question is resolved in the
negative, debate shall continue on the Main Motion.
19.06 Motion for Reconsideration - The purpose of a motion for
reconsideration is to reconsider a matter decided by
Council, subject to the following:
a. a motion for reconsideration shall be ruled out of order
if any change to the previous decision would interfere
with legally binding commitments of the Township
existing as of the date the motion to reconsider is
moved;
b. such motion shall be moved by a Member who voted
on the prevailing side;
c. such motion shall be supported by a majority vote of
the Members of Council before the matter to be
reconsidered can be debated;
d. debate on the question shall be confined to such
matters as new information that has come forward, an
error in documentation presented or incorrect
statements made during the original debate;
e. If a motion for reconsideration is approved:
• no action shall be taken in respect of the matter
under reconsideration until it has again been
presented to Council and Council has made a decision
on it;
• the matter shall be presented to Council in the
manner in which it was disposed/decided by Council;
and
• the matter shall be debated and determined
according to the Rules of Procedure.
19.07 Motion to Rescind - The purpose of a motion to rescind is
to repeal some action Council has previously taken when it
is too late to reconsider the vote.
a. Should it become necessary to rescind a motion that
has been passed, notice of intention to do so can be
given at one meeting;
b. A motion to rescind is then introduced and dealt with
at a subsequent meeting;
c. An action of Council can may be rescinded at any
time.
20
19.08 Notice of Motion - A notice of motion may be introduced at
a meeting regarding a matter that would not otherwise be
considered by Council at such meeting:
a. Notice of Motions introduced at a Committee of the
Whole meeting shall not be debated, nor voted on,
and shall be put forth on the next regular meeting of
Council under Action Required (or specified meeting
date.);
b. The Notice of Motion must indicate at which future
meeting of Council the motion is to be considered;
c. requires no seconder;
d. is not debatable;
e. is not voted on;
f. At a regular meeting of Council (or meeting date set
out in the Notice of Motion), the Presiding Officer calls
a Member's Notice of Motion:
• if the Member does not wish to proceed, the Notice of
Motion shall be dropped from the agenda and shall
be deemed to have been withdrawn; or
• If the Member is absent, the Notice of Motion must
be added to the next regular Council meeting for
consideration (when the Member is present).
• if the Member wishes to proceed, before the motion
can be placed on the floor, it requires a seconder.
20. VOTING
20.01 Mayor – The head of Council shall vote with other Members
of Council.
20.02 Questions Stated – Immediately preceding the taking of
the vote, the Presiding Officer shall state the question in
the form introduced and in which it will be recorded in the
minutes.
20.03 No Interruption After the Question – After a question is put
by the Presiding Officer, no Member shall speak to the
question, nor shall any other motion be made until after
the vote is taken and the results have been declared
except for a point of order.
20.04 Division of Question – If requested by a Member, a
separate vote may be taken upon each proposal contained
in a question divided, if the question is able to stand on its
own, separate from other questions, with consent of the
Council.
21
20.05 Should the question not be able to stand on its own as an
action, the request to divide the question shall be taken by
motion prior to the division.
20.06 Unrecorded Vote – The manner of determining the decision
of the Council on a motion shall be at the discretion of the
Presiding Officer and may be by show of hands.
20.07 Recorded Vote – When a Member present requests a
recorded vote, all Members present at the Council or
Committee meeting must vote:
a. The Member who requested the recorded vote shall
vote first. The names of those who voted in favor, the
names of those who voted against, shall be noted on
the written motion and recorded in the minutes. The
Clerk shall call the vote and announce the results;
b. A request for a recorded vote can be made
immediately before or after the taking of the vote;
20.08 Tie Vote – A motion on which the voting results in a tie
shall be declared lost.
ARTICLE IV
21. RULES OF DEBATE
21.01 Every Member speaking to any question or motion shall
address the Presiding Officer. When two or more Members
desire to speak, the Presiding Officer shall designate the
Member who shall speak first and second, third and fourth,
if necessary. Every Member present at a meeting of
Council when a question is put may vote thereon unless
prohibited by statute;
21.02 If the Member at a meeting of the Council, when a
question is put to a recorded vote, does not vote, the
Member shall be deemed as voting in the negative except
where they are prohibited from voting by statute;
21.03 When the Presiding Officer calls for the vote on a question,
each Member present in the chamber shall occupy the
Member’s seat and shall remain in the Member’s place 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;
21.04 When a Member is speaking no other Member shall
interrupt the Member except on a point of order, and
during such time no other Member shall speak to any other
Member or make any noise or disturbance;
22
21.05 A Member may speak twice on the same question. A
Member may speak a second time only after all the other
Members have first been given an opportunity to speak on
this issue;
21.06 No Member without the leave of Council shall speak to the
same question, or in reply, for longer than five (5)
minutes;
21.07 Notwithstanding these rules of debate, the Presiding Officer
may permit a less formal discussion to proceed so long as
they deem it is in the best interests of Council deliberations
and providing no Member objects.
22. POINTS OF ORDER AND PRIVILEGE
22.01 The Presiding Officer shall preserve order and decide
questions of order.
22.02 A Member shall ask leave of the Presiding Officer to raise a
point of order and the Member state the point of order for
the Presiding Officer’s determination.
22.03 The Presiding Officer shall rule on the Point of Order
without debate.
22.04 Thereafter, a Member shall address the Presiding Officer
only for the purpose of appealing the Presiding Officer’s
decision to the Council.
22.05 If no Member appeals, the decision of the Presiding Officer
shall be final.
22.06 Council, if appealed to, shall decide the question without
debate and its decision shall be final.
22.07 Where a Member considers that the Member’s integrity or
the integrity of Council as a whole has been challenged,
the Member may, as a matter of personal privilege, rise at
any time, for the purpose of drawing the attention of the
Council to the matter. Upon being recognized by the
Presiding Officer, the Member shall determine the question.
ARTICLE V
23. COMMITTEES OF COUNCIL
23.01 Procedure - Except as otherwise provided herein, a
Committee shall conform to the same Rules of Procedure
that govern the protocol and procedures of Council insofar
as they are applicable.
23
23.02 Establishment/Appointment
a. Members of Council shall serve on the Standing
Committees. Members of the public will also be
appointed to sit on the Standing Committees;
b. A Standing Committee may recommend such
subcommittees as are necessary to discharge its
mandate;
c. An ad hoc Committee is a special purpose committee,
created by Council to inquire and report, within a
specified period of time, on a particular matter or
concern, and which dissolves automatically upon
submitting its final report, unless otherwise directed
by Council;
d. The names of Members to be appointed to the
Committees, or other body to which Council is
required or empowered to appoint persons, shall be
determined by Council as they see fit.
24. DUTIES OF THE COMMITTEE
24.01 The Chair of a Committee shall:
a. ensure that the Committee deals with policy issues
effectively;
b. ensure the needs of the Committee for administrative
support, analysis, and advice are provided through the
office of the Chief Administrative Officer;
c. ensure that all Committee Members are fully informed
on all matters within the jurisdiction of the Committee
and on the duties and responsibilities of the
Committee;
d. liaise with the Mayor and communicate any matter
within the knowledge of the chair that is required to
be communicated to another Committee.
24.02 Duties of Committees
a. When a point of order is raised or when a Member is
called to order in a Committee, the same procedure
shall be adopted as in Council except that the question
shall be decided by the Committee chair, subject to an
appeal to the Members of the Committee;
b. Should any Member of a Committee fail to attend
three successive regular or special meetings without
being authorized to do so by a resolution of the
Committee, the Committee may recommend to
Council they declare the Committee seat vacant, and
Council may appoint another Member in the Member’s
place;
24
c. Should a Member of a Committee die, resign, or be
otherwise disqualified, Council shall, by resolution,
declare their seat vacant and appoint another Member
to fill the vacancy;
d. The Clerk, or an employee of the Township designated
by the Clerk, shall be the recording secretary of the
Committee.
24.03 Committee Meetings
a. A chair and vice chair shall be elected/appointed by
the Committee Members at the first meeting of the
Committee;
b. The Clerk shall, upon instruction of the Committee
chair or Mayor, call a meeting of any Committee;
c. In the case of any emergency and in the absence of
the Committee chair and/or the Mayor, a Committee
meeting may be called by the Clerk in such a way as
they may deem best regarding notice to the Members
and to the public;
d. The Committee chair shall preside, or alternatively the
vice-chair upon request of the chair, at all Committee
meetings. In the absence of the Committee chair, the
vice-chair shall preside, or in the absence of both,
such other Member of the Committee as may be
appointed by the concurring vote of a majority of the
Members of the Committee present;
e. In the absence of the Committee chair and vice-chair
for a period of fifteen (15) minutes after the time
appointed for holding a Committee meeting, one of
the other Members of the Committee, if there be a
quorum present, may be appointed and discharge the
duties of the Committee chair during the meeting or
until the arrival of the Committee chair or vice-chair;
f. The Committee chair may vote on any question before
the Committee. In the event of an equality of votes
the question being voted upon shall be deemed lost;
g. If there is no quorum present fifteen (15) minutes
after the time appointed for the meeting, the meeting
shall stand adjourned at the call of the Committee
chair;
h. The Committee shall consider and report only on
matters within its jurisdiction;
i. Meetings shall be open to the public pursuant to
section 239 of the Municipal Act 2001.
24.04 Committee Agendas
25
a. The Clerk or designate shall prepare and distribute to
all Members of the Committee in accordance with
section 3, an agenda setting forth the business to be
considered at regular Committee meetings. The items
of business to be included on the agenda shall be
developed under the direction of the Chief
Administrative Officer, the Clerk, and/or the
Committee chair;
b. The following headings shall be used in preparing the
agenda for regular Committee meetings:
• Call to Order
• Disclosure of Pecuniary Interest and General
Nature Thereof
• Adoption of the Agenda
• Adoption of the Minutes
• Presentations
• Business
• Information Items
• Adjournment
c. The business of the Committee shall be considered in
the order set forth on the agenda provided that the
Committee chair, with the approval of the committee,
may vary the order of business to better deal with
matters before the committee.
ARTICLE VI
25. CONFIRMATORY BY-LAW
25.01 The proceedings at every regular and special Council
meeting shall be confirmed by by-law so that every
decision of the Council at that meeting and every
resolution passed thereafter shall have the same force and
effect as if each and every one of them had been the
subject matter of a separate by-law duly enacted.
ARTICLE VII
26. CONDUCT OF MEMBERS DURING MEETINGS
26.01 No Member shall:
a. speak disrespectfully or use offensive language
against the Council, the Committees or against any
Member;
26
b. criticize any decision of the Council or the
Committees except for the purpose of moving the
question be reconsidered or rescindment of a
resolution;
c. disobey the Rules of Procedure or a decision of the
Presiding Officer or the Committee Chair on
questions of order or practice upon the
interpretation of the Rules of Procedure;
d. speak without first being called upon by the
Presiding Officer or the Committee Chair;
e. speak on any subject other than the subject in debate;
f. cause a disturbance when the Presiding Officer or
the Committee Chair is putting the question;
g. where a matter has been discussed in In-Camera,
and where the matter remains confidential, disclose
the substance of deliberations of the In-Camera
meeting.
26.02 In case a Member persists in any such disobedience after
having been called to order by the Presiding Officer, the
Presiding Officer may order the member to cease and
desist any behaviour which disrupts the order and decorum
of the meeting and to order the individual to vacate the
Council Chambers where such behaviour persists.
ARTICLE VIII
27. REPEAL – ENACTMENT
27.01 By-law 2017-063 and 2020-025 and all adhering
amendments are hereby repealed.
27
28. SEVERABILITY
28.01 If any term, provision, clause or sub-clause of this by-law
or the application thereof shall (to any extent) be invalid or
unenforceable, the remainder of this by-law shall not be
affected and shall be valid and enforced to the fullest
extent permitted by law.
29. EFFECT
29.01 This by-law shall come into force and take effect upon the
passing thereof.
30. SHORT TITLE
30.01 This by-law may be referred to as either the "Procedural
By-law."
READ A FIRST AND SECOND TIME THIS 9TH DAY OF MAY 2022.
READ A THIRD TIME AND FINALLY PASSED THIS 9TH DAY OF MAY
2022.
Corinna Smith-Gatcke, Mayor Megan Shannon, Clerk
28. SEVERABILITY
28.01 If any term, provision, clause or sub -clause of this by-law
or the application thereof shall (to any extent) be invalid or
unenforceable, the remainder of this by-law shall not be
affected and shall be valid and enforced to the fullest
extent permitted by law.
29. EFFECT
29.01 This by-law shall come into force and take effect upon the
passing thereof.
30. SHORT TITLE
30.01 This by-law may be referred to as either the "Procedural
By-law."
READ A FIRST AND SECOND TIME THIS 9TH DAY OF MAY 2022.
READ A THIRD TIME AND FINALLY PASSED THIS 9TH DAY OF MAY
2022.
4Y1 ,A0i7,
Corinna Smith-Gatcke, Mayor Megan Shannon, Clerk
27