HomeMy WebLinkAboutBy-law No. 2014-103 RULES OF PROCEDURE
FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AS ADOPTED BY BY-LAW NO. 2014-103
TABLE OF CONTENTS- PROCEDURAL BY-LAW
MUNICIPALITY OF BAYHAM
SECTION TITLE
'I DEFINITIONS AND INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF COUNCIL
4 MEETINGS
5 AGENDAS AND MINUTES
6 ORDER OF PROCEEDINGS-COUNCIL
7 ORDER OR PROCEEDINGS-PUBLIC MEETING
8 DELEGATIONS
9 RULES OF DEBATE AND CONDUCT
10 MOTIONS
11 VOTING ON MOTIONS
12 CONDUCT OF AUDIENCE
13 ADMINISTRATION
SCHEDULE "A" CODE OF CONDUCT- MEMBERS OF COUNCIL
BY-LAW NO. 2014-103
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE
COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS
COMMITTEES AND THE CONDUCT OF ITS MEMBERS
WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every
Municipality to pass a Procedural By-law for governing the calling, place and proceedings of
meetings;
AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it
advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and
the calling of Meetings, and to provide for procedures and statutory requirements in accordance with
the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto;
NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows:
Section 1 — DEFINITIONS AND INTERPRETATION
1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different
meaning:
1.1.1 "Acting Head of Council"shall mean the Deputy Mayor when the Mayor is absent or
refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy
Mayor are absent or refuse to act or the offices of the Mayor and Deputy Mayor are
vacant, the member of Council who is appointed by Council to act from time to time
in the place and stead of the Mayor and who shall exercise all of the rights, powers
and authority of the Head of Council while so acting.
1.1.2 "Ad Hoc Committee" shall mean a special purpose committee of limited duration,
appointed by Council to consider a specific matter and which is dissolved
automatically upon submitting its final report to Council, unless otherwise directed
by Council.
1.1.3 "Administrator" shall mean the Administrator of the Corporation of the Municipality
of Bayham.
1.1.4 "Advisory Committee" shall mean a committee appointed by Council to act in an
advisory capacity to Council on operational and strategic issues during the full term
of Council.
1. .5 "Chair" in the case of the Council shall mean the Mayor, Deputy Mayor or the
Member appointed to act as Chair during the absence of the Mayor and Deputy
Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member
shall exercise all of the powers and responsibilities of the Mayor under this
Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or
a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the
Member, whoever presides over a portion of the Meeting of the Statutory Public
Meeting, Public Meeting or a Court of Revision Hearing as provided for in this
Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee,
Chair means the Member appointed as such by the Committee.
1.1.6 "Clerk" shall mean the Clerk of the Municipality of Bayham and includes the Deputy
Clerk and any official of the Municipality appointed by Council to exercise the
power(s) of the Municipal Clerk-in the absence of the Clerk or Deputy Clerk.
1.1.7 "Committee" shall mean a committee of Council and includes Standing
Committees, or sub-committees of the Standing Committees.
1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the
Council of the Municipality of Bayham to the Committee of Adjustment pursuant to
the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended.
1.1.9 "Council" shall mean the Council of the Corporation of the Municipality of Bayham.
1.1.10 "Councillor" shall mean a person elected or appointed as a Member of Council but
does not include the Mayor.
.1.11 "Delegation" shall mean a person or group of persons desiring to verbally present
information or to make a request to Council.
1.1.12 "Deputy Mayor" shall mean the Member of Council who is elected to the position
and who, in the absence of the Mayor, shall exercise the powers and responsibilities
of the Mayor provided for in this By-law or any other by-law or statute.
1.1.13 "Holiday" shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006,
c. 21, Schedule F as amended or replaced from time to time.
1.1.14 "Local Board" shall mean a local board as defined in the Municipal Act, S.O.2001,
c.25 as amended.
1.1.15 "Mayor" shall mean the Head of Council for the Municipality.
1.1.16 "Meeting" shall mean any Regular or Special Meeting of Council, including a
Statutory Public Meeting, Public Meeting or a Court of Revision Hearing.
1.1.17 "Member" shall mean a Member of the Council of the Corporation of the
Municipality of Bayham, and includes the Mayor.
1.1.18 "Motion" shall mean a question or proposal to be considered by Council and which
is moved and seconded and is subject to debate. When a Motion is adopted, it
becomes a Resolution.
1.1.19 "Municipal Act" shall mean the Municipal Act, 2001, (S.0.2001, c. 25), as
amended or replaced from time to time.
1.1.20 "Municipality" shall mean the Corporation of the Municipality of Bayham.
1.1.21 "Newspaper" shall mean a printed publication in sheet form, intended for general
circulation, published regularly at intervals of not longer than one week, consisting in
great part of news of current local events of general interest and made available to
the public.
1 1.22 "Pecuniary interest" shall mean a direct or indirect Pecuniary Interest within the
meaning of the Municipal Conflict of Interest Act, R.S.0.1990, chapter M.50, as may
be amended.
1.1.23 "Planning Act" shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended.
1.1.24 "Point of Order" shall mean a statement made by a Member during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
1.1.25 "Point of Privilege" shall mean the raising of a question that concerns a Member,
or all of the Members of Council, when a Member believes that his rights,
immunities or integrity or the rights, immunities or integrity of Council or staff as a
whole have been impugned.
1.1.26 "Presiding Member" shall mean the Mayor or Acting Mayor or Chair of the
Meeting.
1.1.27 "Quorum" shall be as defined in Section 4.9 herein.
1.1.28 "Recorded Vote" shall mean the written record of the name and vote of every
Member present when the vote is called on any matter or question during a Meeting
of Council.
1.1.29 "Resolution" shall mean a formal expression of opinion or intention by Council.
1.1.30 "Rules of Procedure" shall mean the rules and requirements contained within
this Procedural By-law.
1.1.31 "Vice Chair" shall mean such Member of a Committee who has been appointed to
act in the place and stead of the Committee Chair when such Chair is absent from a
meeting of the Committee for any cause and who shall exercise all the rights, power
and authorities of the Chair.
1.1.32 "Website" shall mean the Municipality of Bayham website address identified as_
www.bavham.on.ca
1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male
gender shall include the female gender and the singular shall include the plural, and vice-
versa, as the context requires.
Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law
shall be observed in all Meetings and shall be the rules and requirements which govern
the order of their business.
2.2 Suspension of Rules and Procedures
2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this
Section may be temporarily suspended by a vote of three-quarters (3/4) of the
Members present and voting:
a) rules about a change to the order of procedure in the Agenda content;
b) rules about delegation status;
c) rules about the increase or decrease of delegation speaking time and debate
limitations.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be
decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be
decided in accordance with the rules of procedure known as Robert's Rules of Order.
2.4 Video Equipment, Recording Devices and Cellular Telephones
2.4.1 The use of cameras, electric lighting equipment, television cameras and any other
device of mechanical, electronic or similar nature used for transcribing or recording
proceedings by auditory or visual means by accredited and other representatives of
any news media or members of the general public is permitted only with the approval
of Council.
2.4.2 Cameras, electric lighting equipment, television cameras and any other device of
mechanical, electronic or similar nature shall be turned off immediately if requested by
a member of the audience wishing to speak to Council.
2.4.3 All communication devices shall be switched to `silent' upon entering the location
where any Council Meeting is being held.
Section 3- DUTIES OF COUNCIL
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the
responsibilities of a head of council set forth in the Municipal Act, in addition to the
following responsibilities:
a) to open the Meeting of Council by taking the Chair and calling the Members to
order;
b) to announce the business before the Council in the order in which it is to be
acted upon;
c) to receive and submit, in the manner prescribed by this Procedural By-law, all
motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of
speakers;
e) 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 results;
f) to decline to put to vote motions which contravene the provisions of the
Procedural By-law;
g) to enforce the provisions of the Procedural By-law;
h) to enforce on all occasions the observance of order and decorum among the
Members;
i) to call by name, any Member refusing to comply with this Procedural By-law and
to order the Member to vacate the Council Chamber, or the place of Meeting, as
the case may be;
j) to cause to be expelled and excluded any member of the public who creates a
disturbance or acts improperly during a Meeting and, if necessary, to direct the
Municipal Clerk to seek appropriate assistance from the Ontario Provincial
Police Service;
k) to authenticate, by signature, all By-laws and Meeting minutes;
I) to rule on any points of order raised by Members of Council;
m) to represent and support the decisions of Council, declaring its will and explicitly
and implicitly obeying its decisions in all things;
n) to adjourn the Meeting when the business is concluded, or if considered
necessary by the Mayor because of grave disorder, to adjourn the sitting
without putting to the vote any question, or suspend the sitting for a time to be
named.
3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory
Committees and Municipal Service Boards.
3.2 Duties of the Deputy Mayor
3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the
Municipality, or of his absence through illness, or his office is vacant, or he refuses to
act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so
acting, has and may exercise all the rights, powers and authority of the Head of Council.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the
Chair's position on any matter before Council without leaving the chair, which may take
place immediately prior to the vote, but it shall not be permissible for the Chair to move
a motion or debate without first leaving the chair.
3.3.2 If, during a Meeting of Council, the Mayor desires to leave the chair to move a motion or
take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on
the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the
Mayor resumes the chair.
3.4 Duties of the Members of Council
3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the
Municipal Act, in addition to the following responsibilities:
a) to deliberate on the business submitted to Council;
b) to vote when a motion is put to a vote, except where otherwise disqualified
from doing so by law;
c) to represent and support the decisions of Council, declaring its will and
explicitly and implicitly obeying its decisions in all things
d) to Chair the portion a Meeting for which he is the appointed Chair and
assume the duties of the Mayor as detailed in Section 3.1.1; and
e) to apply and respect the Rules of Procedure.
3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as
Schedule "A" to this Procedural By-law, as adopted by Council and as amended
from time to time.
Section 4- MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in
the Council Chambers of the Municipal Office at 9344 Plank Road, Straffordville,
Ontario.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Council shall be held on the first Thursday in December,
in a year in which a municipal election is held, at a time determined by the Head of
Council-Elect and the Clerk.
4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for
the Inaugural Meeting and all arrangements related thereto.
4.3 Regular Meetings
4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each
month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other
day and time as may be determined from time to time by resolution of Council.
4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall
notify the Mayor, give notice of the change to all Members in the manner set forth in
Section 4.4.3 and provide notice to the Public by posting notice on the Municipal
website and at the Municipal Office.
4.4 Special Meetings
4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special
Meeting of Council by giving direction to the Clerk stating the date, time and purpose
of the Special Meeting.
4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in
writing by a majority of Members, at the time mentioned in the request.
4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least
twenty-four(24) hours before the time appointed for such Meeting and shall be
delivered electronically via e-mail to their respective Municipal e-mail address.
a) The written or verbal notice shall indicate the nature of the business to be
considered at the Special Meeting as well as date, time and place of the
Meeting.
4.4.4 No business other than that indicated in the written or verbal notice shall be
considered at the Special Meeting except with the unanimous consent of all Members
present and voting at such Meeting.
4.4.5 All Special Meetings of Council shall be held at the location of the last Regular
Meeting of Council unless an alternative location is specified in the notice of Special
Meeting.
4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding
a Special Meeting or any action taken thereat where all Members are present at the
Meeting or where any Member or Members who are absent consent to the holding of
such Meeting and so inform the Clerk.
4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary
occasions, an emergency Special Meeting of the Council may be called by the Mayor
without advance notice being given by the Clerk pursuant to this By-law, to consider
and deal with such urgent and extraordinary matters.
a) In this case, the consent of two-thirds (2/3)of the Members to hold such a
Meeting without advance notice is necessary and such consent, if any, shall
be recorded in the minutes by the Clerk.
4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary
occasions, Council may, by Resolution, authorize the holding of a Regular or
Special Meeting at a location outside the Municipal boundaries.
4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings
or Information Sessions Held Under the Planning Act, Development Charges Act
and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting,
Court of Revisions Hearing, Hearing or other Information Session for any purpose
giving such Notice as may be deemed necessary or required by law, or the
Municipality's Public Notice Policy, as amended from time to time.
4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court
of Revisions Hearing, Hearing or other Information Session the Rules of Procedure
outlined herein shall govern.
4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public
and no person shall be excluded therefrom except for improper conduct.
4.7.2 The Mayor or Chair may request that members of the public vacate the Council
Chambers if their behaviour is deemed to be disruptive to the business at hand. The
Mayor or Chair may unilaterally suspend the Meeting until order is restored in the
Council Chambers.
4.8 Closed Meetings
4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the
public if the subject matter being considered is:
a) the security of the property of the Municipality or Local Board;
b) personal matters about an identifiable individual, including Municipal and
Local Board Employees;
c) a proposed or pending acquisition or disposition of land by the Municipality;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the Municipality;
f) the receiving of advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
g) a matter in respect of which the Council is authorized by another provincial
statute to hold a closed meeting;
h) information which is prohibited from being made public under the Municipal
Freedom of Information and Protection of Privacy Act.
4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall
state:
a) the fact of the holding of the closed Meeting; and
b) the general nature of the subject matter to be considered at the closed
Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request
those persons not specifically invited to the closed Meeting to vacate Council
Chambers, or such room in which the Meeting is being held, as the case may be.
4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except
where permitted by law including, without limitation, Section 239(6) of the Municipal Act,
which allows a Meeting to be closed to the public during a vote pursuant to sections
239 (2) or(3) and the vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the Municipality or persons retained by
or under a contract with the Municipality, and Council deems that it is in the best
interests of the Municipality to do so.
4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the
acquisition or disposal of land, including the sale of road allowances, shall be
conducted in open session.
4.8.7 The Motion to rise from "In Camera" shall include the time that Council arose.
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other
proceedings at a Meeting of Council when it is closed to the public.
4.8.9 Members shall ensure that confidential matters disclosed to them during closed
Meetings are kept confidential. Any breach of confidential matters disclosed during
closed Meetings shall be subject to the sanctions contained in the Council Code of
Conduct.
4.9 Quorum
4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority
of Members present and voting is necessary to carry a resolution.
4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad
Hoc Committee.
4.9.3 If a Quorum is not present within thirty(30) minutes after the time appointed for
the Meeting, the Clerk or designate shall record the names of the Members
present and the Meeting shall stand adjourned until the date of the next Regular
Meeting or other Meeting called in accordance with the provisions of this
Procedural By-law.
4.10 Education and/or Training Sessions
4.10.1 An Education and/or Training Session of Council shall not be deemed to be a
Meeting of Council and shall not be subject to the rules and regulations applicable to
Meetings contained in this By- law.
4.10.2 The Council may decide at a Meeting open to the public to convene an informal
gathering of its Members to receive and discuss information or advice of a general
nature involving subject matters of interest to the Members, at a time and place
designated at that time by the Council.
4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall
designate the general purpose or purposes for which the session is to be held.
4.10.4 An Education and/or Training Session may be held at any place designated by the
Council at the time at which it makes its decision to convene the session, whether or
not within the boundaries of the Municipality or any adjacent municipality.
4.10.5 All Members of Council are entitled to attend at the session, together with the
designated staff or consultants retained by the Municipality, but the Council, in
deciding to convene the session, may decide to exclude the public therefrom.
4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-
vote, report, recommendation or other action or decision may be proposed,
discussed, decided upon, adopted, taken or made at an Education and/or Training
Session.
4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt
with during the session and upon conclusion thereof, the notes shall be maintained
as a public record under the control of the Clerk which records shall not be subject to
section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy
Act, as amended.
4.11 Public Notice of Meeting
Regular Meetings
4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the
Municipal Website no later than the second week of the month prior to the
commencement of the monthly schedule.
4. 1.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by
making the agenda available for viewing on the Municipal Website by 4:00 P.M. on
the Friday preceding the regularly scheduled Meeting.
Special Meetings
4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the
Municipal Website at least one week prior to the amended Meeting date where
practicable to do so.
4. 11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal
Website and the Press shall be notified by e-mail not less than twenty-four(24)
hours before the time appointed for the Special Meeting.
Emergency Special Meetings
4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section
4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office
and on the Municipal Website, and shall be communicated electronically to the
Press as soon as practicable following the Meeting and shall indicate the nature of
the business considered at the Emergency Special Meeting.
4.12 Adjournment- Due Hour
4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall
adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Council, by resolution, may direct.
4.13 Cancellation of Meeting
4.13.1 The Mayor or the Deputy Mayor, in the Mayor's absence, or the Clerk, in the absence
of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of
the opinion that weather conditions or an emergency warrant. The Clerk shall inform
as many Members as he is able to reach, the media and any persons that are
scheduled to be in attendance.
4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly
scheduled Meeting of Council of Committee.
Section 5- AGENDAS AND MINUTES
5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at the Regular Meetings of Council:
1. Call to Order
II. Disclosures of Pecuniary Interest
III. Review of Items Not Listed on Agenda
IV. Announcements
V. Delegations
VI. Adoption of Minutes of previous Meeting(s)
VII. Motions and Notice of Motion
VIII. Recreation, Culture, Tourism and Economic Development
a. Correspondence
i. Receive for Information
ii. Requiring Action
b. Reports to Council
IX. Physical Services— Emergency Services
a. Correspondence
Receive for Information
ii. Requiring Action
b. Reports to Council
X. Development Services—Sustainability and Conservation
a. Correspondence
Receive for Information
ii. Requiring Action
b. Reports to Council
Xl. Finance and Administration
a. Correspondence
Receive for Information
ii. Requiring Action
b. Reports to Council
XII. By-laws
XIII. Unfinished Business
XIV. Other Business
XV. By-law to Confirm the Proceedings of Council
XVI. Adjournment
5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Regular Council Meeting in question.
5.1.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.2 Statutory Planning Meeting Agenda
5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Statutory Planning Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman's Remarks on the Purpose of the Meeting
IV. Purpose and Effect of the Proposed Amendment
V. Public Participation
VI. Correspondence
VII. Other Business
VIII. Adjournment
5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Statutory Planning Meeting in question.
5.2.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.3 Committee of Adjustment Meeting Agenda
5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Committee of Adjustment Meeting:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman's Remarks on the Purpose of the Meeting
IV. Public Participation
V. Correspondence
VI. Other Business
VII. Adjournment
5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Committee of Adjustment Meeting in
question.
5.3.3 The business of the Committee of Adjustment shall be considered in the order as it
appears on the Agenda, unless otherwise decided by a vote of the majority of the
Members present and voting.
5.4 Court of Revision Meeting Agenda
5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Court of Revision Meeting:
Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman's Remarks on the Purpose of the Meeting
IV. Public Participation
V. Correspondence
VI. Other Business
VII. Adjournment
5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Court of Revision Meeting in question.
5.4.3 The business of the Court of Revision shall be considered in the order as it appears
on the Agenda, unless otherwise decided by a vote of the majority of the Members
present and voting.
5.5 Public Meeting Agenda
5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Public Meeting:
IX. Call to Order
X. Disclosures of Pecuniary Interest
Xl. Chairman's Remarks on the Purpose of the Meeting
XII. Public Participation
XIII. Correspondence
XIV. Other Business
XV. Adjournment
5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Public Meeting in question.
5.5.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.6 Meeting Minutes
5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is
closed to the public or not. These minutes shall include:
a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of attendance. of
the Members;
i. should a Member enter after the commencement of the Meeting or
leave prior to adjournment, the time shall be noted;
c) declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the minutes prior to the
Meeting;
e) all resolutions, decisions of the Meeting without note or comment.
5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the
next Regular Meeting of the subject Meeting type.
5.6.3 Where the Minutes have been delivered to the.Members in advance of the Meeting,
the Minutes shall not be read, and a resolution that the minutes be approved shall be
in order.
5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the
Clerk.
5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of
Council are posted on the Municipal website and prepared in accordance with
Section 5.6 of this Procedural By-law.
Section 6- ORDER OF PROCEEDINGS - COUNCIL
6.1 Call to Order
6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting,
the Mayor shall take the Chair and call the Members present to order.
6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set
for the Meeting and a quorum is present, the Deputy Mayor shall preside over the
Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined
in this Procedural By-law until the Mayor is present at the Meeting and able to
perform his responsibility to assume the chair.
6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time
set for the Meeting and a quorum is present, the Clerk shall call the Meeting to
order, and the Members present shall appoint a Presiding Member who shall act
as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is
the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while acting for, by, with or through
another, has any pecuniary interest, direct or indirect, in any matter and is present at
a Meeting at which the matter is the subject of consideration, the Member shall:
a) prior to any consideration of the matter at the Meeting, disclose the interest
and the general nature thereof;
b) not take part in any discussion of or vote on any question with respect to the
matter; and
c) not attempt in any way before, during and after the meeting to influence the
voting on any such question.
6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting or
part of the Meeting during which the matter is under consideration.
6.2.3 Where a Member is absent from a Meeting which includes a matter for which the
Member has a pecuniary interest, the Member shall disclose this interest and
otherwise comply at the first Meeting attended by him after the particular Meeting.
6.3 Presentations/Special Events
6.3.1 At the request of a Member of Council or the Municipality's staff, any person,
organization, corporation, or appointed official may be permitted to address the
Members to inform them of matters of significance to the Municipality provided that the
request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week
preceding the Meeting.
6.3.2 Presentations shall include only the following:
a) civic recognition /awards;
b) presentations by Municipal staff or consultants retained by the Municipality;
c) presentations from senior levels of government or other municipal
governments.
6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided
that permission has been obtained for the use of such equipment from the Clerk at
the time the presenter contacts the Clerk to register for the meeting. The
presentation material must be provided to the Clerk at least by 9:00 a.m. on the
Thursday preceding the Meeting.
6.4 Announcements
6.4.1 During the announcement portion of the Meeting, Members may announce or
comment on community events and activities when recognized by the Chair.
6.5 Delegations
6.5.1 See Section 8
6.6 Minutes
6.6.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda.
6.6.2 Previous Meeting Minutes may be disposed of through a single resolution or,
alternatively, any Member may request that one or more recommendations contained
in the Minutes be separated and voted on separately.
6.7 Motions and Notices of Motion
6.7.1 A Member of Council may file a Motion to be placed on the Council Agenda with the
Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council
Meeting at which it is to be presented for consideration and dealt with.
6.7.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m.
on the Tuesday of the week preceding the Council Meeting at which it is to be
presented, of which shall be deliberated at the next Regular Meeting of Council.
6.8 Correspondence
6.8.1 All Correspondence intended to be presented to Council shall be legibly written or
printed, shall not contain any impertinent or improper matter or language, shall
identify the author(s) by name and municipal address and shall be filed with the
Clerk before it is presented to Council.
6.8.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday
at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is
delegated the authority to direct the item of Correspondence or a summary thereof
to the appropriate Agenda. The Clerk shall ensure that a summary of the content of
the correspondence is prepared and included in the Agenda and a recommendation
for disposal, being either"Receive for Information" or"Requiring Action" is assigned.
6.8.3 Notwithstanding Section 6.8.2, and at the discretion of the Clerk, Correspondence
received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an
urgent nature or directly relevant to a matter on the Agenda for the Meeting, may
be communicated to Council by way of an Addendum to the Agenda including a
summary of the content of the Correspondence item.
6.8.4 Upon presentation of a motion and prior to its approval, any item of
Correspondence may be the subject of limited discussion. Council may briefly
discuss the matter and if consensus is reached, a revised recommendation may be
presented.
6.9 Reports to Council
6.9.1 The Reports to Council section of the Council Agenda shall include any report that,
due to timing, urgency, the important nature of the report and/or expediency, the
Clerk has determined should be considered by Council via an Addendum.
6.10 By-laws
6.10.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting
authority to borrow under the authority of the Municipal Act, or any by-law arising as
the result of an order or decision of any quasi-judicial body, shall be presented to
Council unless the subject matter thereof has been considered by Council and has
been approved by Council. The Clerk shall prepare and include in the Council
Agenda a summary of all By-laws, specifying the title of each By-law.
6.10.2 Every By-law, when introduced, shall be in typewritten form and shall contain no
blanks, except such as may be required to conform to accepted procedure or to
comply with the provisions of any Act, and shall be complete with the number and
date to be affixed.
6.10.3 All by-laws shall be given first and second readings in a single motion, unless a
Member wishes to discuss the contents of a specific by-law, at which time the subject
by-law shall be removed from the motion and dealt with separately.
6.10.4 When the by-laws are reported with or without amendment, they shall be forthwith
given third reading in a single motion at the same Meeting on the affirmative vote of
the majority of the Members present and voting.
6.10.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several
readings thereof.
6.10.6 Every By-law which has been enacted by Council shall be numbered and dated, and
shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of
the Municipality and, thereafter, shall be retained under the control of the Clerk.
6.11 Unfinished Business
Any matters presented, considered, referred or tabled or any delegations not otherwise
disposed of through the consideration of an Agenda matter, shall be disposed of during
this portion of the Meeting.
6.12 Other Business
6.12.1 Items of business requiring the direction of Council or a formal resolution will appear
under this section in the Agenda. These matters should generally pertain to information
items and can include Members' Reports on Advisory Committees. Any proposal to
present a Motion must comply with Section 10 of this By-law.
6.13 By-law to Confirm the Proceedings of Council
6.13.1 At the conclusion of all Regular and Special Meetings of Council and prior to
Adjournment, a Confirming By-law shall be brought forward to confirm the actions of
the Council at that Meeting in respect of each Motion, Resolution and other action
taken and a Confirming By-law, when introduced, shall be taken as having been read
and shall be voted on without debate.
6.14 Adjournment
6.14.1 See Sections 10.28, Section 10.29 and Section 10.30
6.15 Question Period
6.15.1 Any member of the general public shall be permitted to seek clarification or ask
questions through the Chair that are pertinent to the items of business identified on the
Agenda for the current Meeting.
6.15.2 The time allowed for each questioner shall not exceed two (2) minutes.
6.15.3 The Question Period shall not form a part of the Minutes.
Section 7 - ORDER OF PROCEEDINGS— PUBLIC MEETINGS
7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner:
a) the Chair shall state the purpose of the Public Meeting and shall
explain to those present how the Public Meeting shall be conducted;
b) a member of the Municipal staff and/or Municipal Consultant shall
then address the Council to present the matter to the Council;
c) if applicable, the applicant or agent who is present shall then make
representation regarding the matter;
d) Members of the Committee shall then be given the opportunity to ask
questions or seek clarification regarding the matter; and
e) members of the public shall then be permitted to make representation
regarding the matter.
7.2 Adjournment
7.2.1 See Section 10.28, Section 10.29 and Section 10.30
Section 8 - DELEGATIONS
8.1 Delegations
8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular
Meeting of Council unless the Head of Council approves additional delegations no later
than forty-eight(48) hours prior to the Regular Meeting.
8.1.2 Persons desiring to verbally present information on matters of fact or to make a request
to Council shall give notice, including specific details regarding the subject of their
address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week
prior to the Meeting.
8.1.3 Notwithstanding Section 8.1 .2, Council may, at their sole discretion, entertain
delegations with less notice as the circumstance may warrant with a two-thirds (2/3)
majority.
8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required
to give written notice nor be listed on the agenda with respect to a matter before
Council for which the public has been given notice of the Public Meeting under the
Planning Act, any other Act, or according to Municipal Policy, as required.
8.1.5 Delegations shall be permitted to speak on a matter only once within a six (6) month
period and shall be limited to speak for no more than ten (10) minutes and be so
advised in advance of their delegations. An extension to speak may be decided,
without debate, by a majority of Council Members present. Where a delegation
consists of a group of three or more persons, the group may address the Council for no
more than fifteen (15) minutes. Where a Delegation wishes to provide Members with
written communication, including a petition, supporting the Delegation's comments, the
communication shall be provided to the Clerk and may be distributed to the Members
at the discretion of the Clerk.
8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that
permission has been obtained for the use of such equipment from the Clerk at the time
the presenter(s) contacts the Clerk's Department to register for the meeting. The
presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week
prior to the scheduled day of the Meeting.
8.1.7 No Delegation shall:
a) speak disrespectfully of any person;
b) use improper language or unparliamentary language;
c) speak on any subject other than the subject for which they have
received approval to address Council; or
d) disobey the rules of procedure or a decision of the Chair of Council.
8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify
their submissions or to elicit further information from them that is relevant to their
submission.
8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject
of the presentation is beyond the jurisdiction of the Municipality.
8.2 Petitions
8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed
and shall not contain any impertinent or improper matter or language and shall be
signed by at least one person and filed with the Clerk.
8.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the
week prior to the Meeting before the commencement of the Meeting of Council and, if
in the opinion of the Clerk it contains any impertinent or improper matter or language,
the Clerk shall decide whether it should be included in the Agenda.
Section 9 - RULES OF DEBATE AND CONDUCT
9.1 Conduct of Members of Council
9.1.1 No Member shall:
a) speak disrespectfully of the Reigning Sovereign, or of any Member of
the Royal Family, or of the Governor-General, the Lieutenant-Governor
of any Province, of any member of the Senate, the House of
Commons of Canada or the Legislative Assembly of the Province of
Ontario;
b) use offensive words or unparliamentary language or speak
disrespectfully against Council, against any Member or against any
officer or employee of the Municipality of Bayham;
c) speak on any subject other than the subject being debated;
d) disobey the Rules of Procedure or a decision of the Chair, whoever is
in the chair for the Meeting or a portion of the Meeting, on questions of
Points of Order or procedure or upon the interpretation of the Rules of
Procedure except where the ruling of the Chair is reversed by the
Council pursuant to Section 10.23. If a Member persists in any such
disobedience after having been called to order, the Chair shall
forthwith order that Member to vacate the Council Chambers or room
in which the Meeting is being held, but if the Member apologizes, he
may, by majority vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an
individual's race, ancestry, place of origin, ethnic origin, citizenship,
creed, gender, sexual orientation, age, colour, marital status, family
status or disability; or
f) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter or
the substance of the deliberations of the closed Meeting to any person.
9.2 Address the Chair
9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as
the Chair may direct, and upon being recognized by the Chair, shall address the Chair,
only.
9.3 Order of Speaking
9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the
Member who, in the opinion of the Chair, so signified first and next recognize in order
the other Members.
9.4 Point of Privilege
9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole,
or the integrity of staff has been impugned, the Member may, on a Point of Privilege,
rise with the consent of the Chair for the purpose of drawing the attention of Council to
the matter.
9.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence
over other matters, but the Member shall not be permitted to enter into any argument or
introduce any Motion related to the Point of Privilege.
9.4.3 When the Chair considers that the integrity of the Administrator o r a Member of
Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Council.
9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair
immediately and the decision of the Chair under this section shall be final.
9.5 Point of Order
9.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the
Member shall ask leave of the Chair to raise a Point of Order and, after leave is
granted, shall succinctly state the Point of Order to the Chair and the Chair shall then
decide upon the Point of Order and advise the Member of the decision.
9.6 Appeal of Ruling of Chair
9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the
Member does not appeal immediately thereafter to Council, the decision of the Chair
shall be final.
9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council, otherwise the decision of the Chair is final.
9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will
call a vote by Council, without debate on the following question: "Will the ruling be
sustained?", and the decision of Council, is final. The Chair may vote on this
question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be
sustained.
9.7 Members Speaking
9.7.1 When a Member is speaking, no other Member shall pass between the Member and
the Chair, or interrupt the Member except to raise a Point of Order
9.8 Question Read
9.8.1 Any Member may require the question or motion under discussion to be read at any
time during the debate but not so as to interrupt a Member while speaking.
9.9 Speak Once — Reply
9.9.1 No Member shall speak more than once to the same question without leave of Council
except that a reply shall be allowed to be made only by a Member who has presented
the motion, but not by any Member who has moved an amendment or procedural
motion in response to that motion.
9.10 Time Limited
9.10.1 No Member, without leave of Council shall speak to the same question or in reply for
longer than five (5) minutes.
9.11 Questions
9.11.1 A Member may ask a question for the purposes of obtaining information relating only to
the matter under discussion and such questions must be stated concisely and asked
only through the Chair.
9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next
speaker, then immediately before speaking, such Member may ask a question
through the Chair to any Member, the Administrator Staff, concerning any matter
connected with the business of the Municipality currently under discussion but only for
the purpose of obtaining information, following which the Member may speak.
Section 10 - MOTIONS
Reading
10.1 All motions must be introduced by a mover and a seconder before the Chair may put the
question or motion on the floor for consideration. If no Member seconds the motion, the
motion shall not be on the floor for consideration and therefore it shall not be recorded in the
minutes.
10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate.
10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or
as part of a Report, it need not be read in its entirety unless requested to do so by a Member
of Council but shall be deemed as read for the purposes of introducing the Motion.
Withdrawn
10.4 After a motion is properly moved and seconded, it shall be deemed to be in possession of
Council, but may be withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded
10.5 No Member shall speak to any motion until it is properly moved and seconded, and the
mover is entitled to speak first if the Member so elects. If debated, the question or motion
may be read before being put.
Motion ruled out of order
10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the
Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council
which is not within its jurisdiction shall not be in order at a Meeting of Council.
Motions Without Notice and Without Leave
10.8 The following matters and motions may be introduced orally by a Member without written notice
and without leave, except as otherwise provided by this Procedural By-law, and shall be
decided without debate:
a) a point of order or privilege;
b) to adjourn;
c) to table the question without directions or instructions;
d) to suspend the Rules of Procedure;
e) to lift from the table;
f) to divide the question;
g) to refer(without instructions);
h) question be now put; and
i) to recess.
10.9 The following motions may be introduced orally by a Member without notice and without leave,
except as otherwise provided by this Procedural By-law, and may be debated:
a) to refer with direction (direction for referral only to be debatable);
b) to table with instructions (instructions for tabling only to be debatable);
c) to amend; and
d) to rescind.
Priority of Disposition
10.10A motion properly before Council for decision must be disposed of before any other motion can
be received except a motion in respect of matters listed in Sections 10.8 and 10.9.
Motion to Amend
10.11 A motion to amend:
a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the question; and
d) shall be put to a vote in re verse order to the order in which the
amendments are made.
10.12Only one motion to amend an amendment to the original motion shall be allowed and any
further amendment must be to the original motion.
Question be now put
10.13 A motion that the question be now put:
a) is not debatable cannot be amended
b) cannot be proposed when there is an amending motion under
c) consideration, except for the purpose of moving that the
d) amending motion be put;
e) when resolved in the affirmative, requires that the question, motion,
amending motion or motion as amended, whichever is under
consideration be put forward immediately without debate or amendment;
f) can only be moved in the following words, "that the question be now
put"; and
g) requires an affirmative vote of two-thirds (2/3) of the Members present
and voting.
Motion to refer or defer/postpone
10.14A motion to refer or to refer back or to defer or to postpone the question may include
instructions respecting the terms upon which the question is to be referred or deferred or
postponed.
10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable
except where instructions are included, in which case, only the instructions shall be debatable.
10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended
except where instructions are included, in which case, only the instructions may be amended in
accordance with the provisions in Section 10.15.
Motion to table
10.17A motion simply to table is not debatable except where instructions are included, in which case,
only the instructions shall be debatable. Such motion cannot be amended.
10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be
deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and
Section 10.16.
10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift
from the table the tabled matter at the same or subsequent Meeting.
10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment.
Motion to divide
10.21A motion containing distinct proposals may be divided and a separate vote shall be taken upon
each proposal contained in a motion if decided upon by a majority vote of the Members present
and voting.
Motion to rescind
10.22A motion to rescind a previous action of Council requires a majority vote of the Members
present and voting provided that notice has been given at the previous Meeting or in the
Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to
rescind requires a two-thirds (2/3) vote of the Members present and voting.
10.23A motion to rescind is not in order when action has been taken on the order of Council of which
it is impossible to revise. The part of an order of Council which has not been acted upon,
however, may be rescinded.
Reconsideration
10.24A resolution, by-law or any question or matter(except one of indefinite postponement)which
has been adopted previously by Council may be reconsidered by Council subject to the
following:
a) Only a Member who voted thereon with the majority may make a Motion
to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the Members
present and voting in favour of such reconsideration before the matter is
re-opened for debate;
c) debate on a motion to reconsider must be confined to reasons for or
against the subject of the reconsideration;
d) if a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been voted
on; and
e) a vote to reconsider a particular matter or decision will not be considered
more than once during the term of Council.
Motion to recess
10.26A motion to recess shall provide for Council to take a short intermission within a Meeting which
shall neither end the Meeting nor destroy its continuity and after which, proceedings shall
immediately resume at the point where they were when interrupted.
10.27 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not
in order when another motion is on the floor.
Motion to Adjourn
10.28 A motion to adjourn is not debatable or amendable and shall always be in order except:
a) when another Member is in possession of the floor;
b) when a vote has been called;
c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak on the
matter before Council.
10.29 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the
Council to an end.
10.30 A motion to proceed beyond the hour of 11:00 p.m.:
a) shall not be amended or debated;
b) shall always be in order except when a Member is speaking or the
Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members present and
voting.
Section 11 - VOTING ON MOTIONS
11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the
form introduced and shall do so if required by a Member.
11.2 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.
11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless
disqualified under the Municipal Conflict of Interest Act to vote on the question.
11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from
voting, if a Member does not vote when a question is put, that Member shall be deemed to have
voted in the negative.
1.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that
question.
11.6 Each Member has only one vote.
11.7 The Chair shall announce the result of every vote.
Unrecorded Vote
11.8 The manner of determining the decision of the Council on a motion shall be at the direction of
the Chair and may be by voice, show of hands, standing, or otherwise.
Recorded Vote
1.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be
requested by a Member at which time each Member present, except a Member who is
disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record
his name and his vote on the question.
11.10The order in which Members, present and voting, vote on Recorded Votes shall be:
a) Ward Councillors (in ascending numerical order);
b) Deputy Mayor; and
c) Mayor
11.1 1 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the
Member shall be deemed and recorded as voting against the question.
Section 12 - CONDUCT OF THE AUDIENCE
12.1 Members of the public who constitute the audience in the Council Chamber, or other such place
where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a
Meeting shall respect the decorum of Council, maintain order and quiet and may not:
a) address Council without permission;
b) interrupt any speaker or action of the Members or any person
addressing Council;
c) speak out;
d) applaud;
e) behave in a disorderly manner; or
f) make any noise or sound that proves disruptive to the conduct of the
Meeting.
12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council
Chambers, or any other location in which Council may conduct their business.
12.3 The Mayor or Chair may request that a member or members of the public vacate the Council
Chambers or any other location in which Council may conduct their business if their behaviour
is deemed to be disruptive to the business at hand.
Section 13- ADMINISTRATION
13.1 This By-law shall be administered by the Clerk.
13.2 By-law Number 95-039, as amended shall be repealed in its entirety effective December 4,
2014.
13.3 This By-law shall come into full force and effect on the 4t' day of December, 2014.
READ A FIRST, SECOND and THIRD time and finally passed on the 16th day of October, 2014.
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MAYO'' CL RK
Council Code of Conduct
Policy Statement:
The purpose and intent of the Council Code of Conduct is to establish standards of conduct for
Members of Council in the individual conduct of their official duties.
The Code represents general standards. The Code does not replace Council Member's roles,
responsibilities, actions and behaviours required by various statues, by-laws and policies.
Statements of Principle:
A written Code of Conduct helps to ensure that the members of Council share a common basis
of acceptable conduct. These standards are designed to supplement the legislative parameters
within which the members must operate. These standards are intended to enhance public
confidence that the Municipality of Bayham's elected officials operate from a basis of integrity, justice
and courtesy.
Specific Policy Requirements:
Section 1 - Overview
1.1 The Municipality of Bayham Code of Conduct is a general standard that augments the
provincial laws and municipal policies and by-laws that govern the members' conduct.
Section 2 - Statutory Provisions Regulating CondSac
2.1 This Code of Conduct operates along with and as a supplement to the existing statutes
governing the conduct of members. Six pieces of provincial legislation govern the conduct of
members of Council those being:
a) Municipal Act, 2001, S.O. 2001, c. 25;
b) Municipal Conflict of Interest Act, R.S.O 1990, c.M. 50;
c) Municipal Freedom of Information and Protection of Privacy Act, R.S.). 1990, c.M. 56;
d) Municipal Elections Act, 1996, S.O. 1996, c. 32;
e) The Occupational Health and Safety Amendment Act (Violence and Harassment in
the Workplace)2009; and
f) Human Rights Code.
2.2 The Municipality of Bayham Procedural By-law addresses the conduct of Council during a
Council meeting.
2.3 The Criminal Code of Canada also governs the conduct of members.
,Section 3 - Application
3.1 This Code of Conduct and the references within it, shall apply to all members of the
Council of the Corporation of the Municipality of Bayham.
Section 4- Definitions
4.1 For the purpose of this Code of Conduct,
a) "Child" shall mean a child born within or outside a marriage and includes an adopted
child and a person whom a parent has demonstrated a settled intention to treat as a
child of his or her family or as defined under the current Municipal Conflict of Interest
Act as amended from time to time.
b) "Municipal Property" shall mean items, services or resources which are the
property of the Municipality including but not limited to: materials, equipment,
vehicles, facilities, technology, Municipality- developed computer programs of
technological innovations, databases, intellectual property, Municipality-owned
images, logos, coat of arms, and supplies.
c) "Code" shall mean this Code of Conduct as it applies to members of Council.
d) "Complaint" shall mean an alleged contravention of this Code
e) "Confidential Information" shall include information in the possession of the
Municipality that the Municipality is either prohibited from disclosing, or is required to
refuse to disclose, under the Municipal Freedom of Information and Protection of
Privacy Act (MFIPPA), or other legislation. Generally, MFIPPA restricts or prohibits
disclosure of information received in confidence from third parties of a corporate,
commercial, scientific or technical nature, information that is subject to solicitor-client
privilege and information that is deemed to be personal information. Under MFIPPA,
"personal information" means recorded information about an identifiable individual,
including:
i) Information relating to the race, national or ethnic origin, colour, religion, age,
sex, sexual orientation or marital or family status of the individual;
ii) Information relating to the education or the medical, psychiatric, psychological,
criminal or employment history of the individual or information relating to
financial transactions in which the individual has been involved;
iii) Any identifying number, symbol or other particular assigned to the individual;
iv) The address, telephone number, fingerprints or blood type of the individual;
v) The personal opinions or views of the individual except if they relate to
another individual;
vi) Correspondence sent to an institution by the individual that is implicitly or
explicitly of a private or confidential nature, and replies to that
correspondence that would reveal the contents of the original correspondence;
vii) The views or opinions of another individual about the individual; and
viii) The individual's name if it appears with other personal information relating to
the individual or where the disclosure of the name would reveal other
personal information about the individual.
It also means any information that is of a personal nature to Municipality employees or
clients or information that is not available to the public and that, if disclosed, could result
in loss or damage to the Corporation or could give the person to whom it is disclosed an
advantage. Confidential information includes, but is not limited to the following
information:
i) Disclosed or discussed at a Closed Session meeting of
Council;
ii) That is circulated to Members of Council and marked "Confidential";
and
iii) That is given verbally in confidence in preparation of or following a meeting that
is closed to the public and includes, but is not limited to the following
types of information:
1. Personal matters about an identifiable individual(s);
2. Information about suppliers provided for evaluation which might be useful to
other suppliers;
3. Matters relating to legal affairs of the Municipality; sources of complaints
where the identity of the complainant is given in confidence; items under
negotiations; and
4. Matters identified as solicitor-client privileged.
h) "Employee" shall mean a person employed by the Corporation of the Municipality of
Bayham including those employed on a personal services contract, and volunteers, but
does not include Members.
i) "Frivolous" shall mean something that is not worthy of serious consideration, or that is of
little or no importance, due to its lack of seriousness or sense.
j) "Gifts and Benefits" shall mean any cash or monetary equivalent, fee, object of value,
service, travel and accommodation, or entertainment.
k) "Good Faith" shall mean in accordance with standards of honesty, trust and sincerity.
I) "Hospitality" shall mean instances where there is entertainment of or by outside parties
for the furtherance of municipal business.
m) "In-law" shall mean a relative by marriage.
n) "Office" shall mean the authority and duties attached to the position of being an
elected member of Council.
o) "Official Duties" shall mean the public duties of a Member and includes functions
performed by Members necessary to demonstrate responsible and accountable
government with respect to matters within the Municipality's jurisdiction, and which are
done for the purpose of providing good government with respect to those matters.
p) "Parent" shall mean a person who has demonstrated a settled intention to treat a child
as a member of his or her family whether or not that person is the natural parent of the
child or as defined under the current Municipal Conflict of Interest Act as amended from
time to time.
q) "Pecuniary Interests" shall include interests that have a direct or indirect financial
impact or as defined under the current Municipal Conflict of Interest Act as amended from
time to time they include:
i) Any matter in which the member has a financial interest;
ii) Any matter in which the member is a shareholder, director or senior officer of
or holds a controlling interest in a corporation that does or does not offer its
securities to the public, and such corporation has a financial interest;
iii) Any matter in which the member is a partner of a person or is in the
employment of a person that has a financial interest; and
iv) Any matter in which a parent, spouse or any child of the member has a
financial interest, if known to the member.
x) "Personal Benefit" shall mean forms of advantage other than financial such as
seeking an appointment, promotion or transfer within the Corporation on behalf of a
family member and includes the private interests of a Member.
y} "Private Interest" shall mean all of the activities of a Member not included in the term
defined as "Official Duties".
z) "Sibling" shall mean one of two or more children having one or both parents in
common; a brother or sister.
a a) "Spouse" shall mean a person to whom the person is married or with whom the
person is living in a conjugal relationship outside marriage or as defined in the current
Conflict of Interest Act as defined from time to time.
b b) "Vexatious" shall mean without reasonable or probable cause or excuse.
Section 5 - General Standards of Conduct
5.1. Members are responsible for making honest statements. No member shall make a
statement when they know that statement is false. No member shall make a statement with
the intent to mislead Council or members of the public.
5.2 Members shall at all times serve and be seen to serve their constituents in a conscientious
and diligent manner.
5.3 Members will conduct their dealings with each other in ways that maintain public confidence
in the office to which they have been elected, are open and honest, focus on issues rather
than personalities, avoid aggressive, offensive or abusive conduct.
5.4 Members should be committed to performing their functions with integrity, accountability
and transparency.
5.5 Members shall perform official duties and arrange their public affairs in a temperate and
abstemious manner that promotes public confidence and respect and will bear close
public scrutiny.
5.6 It shall be the duty of all Members to abide by all applicable legislation, policies and
procedures pertaining to their position as a Member.
5.7 Members shall not engage in any activity, financial or otherwise, which is incompatible or
inconsistent with the ethical discharge of Official Duties to the Municipality.
5.8 Every Member in exercising his powers and in discharging his Official Duties shall, in
accordance with the Municipal Act, 2001, and Municipal Conflict of Interest Act:
a) Seek to advance the common good of the Municipality of Bayham;
b) Truly, faithfully and impartially exercise his office to the best of his knowledge
and ability;
c) Exercise care, diligence and skill that a reasonably prudent person would exercise
in comparable circumstances;
d) Exercise his powers only for the purpose for which they were intended; and
e) Competently exercise his office by educating himself either formally or informally,
in matters pertaining to his official duties.
Responsibilities of Council
5.9 Council as a whole has the authority to approve budget, policy or processes, including
the structures and procedures for committees. Authority to act on behalf of Council, including
through a committee, can only be delegated by Council or through law.
5.10 Council is responsible for and dedicated to providing good and effective government for the
public in an open, accountable and transparent manner.
5.11 A fiduciary relationship exists between the Council and inhabitants of the municipality.
5.12 In addition to the responsibilities outlined in the Procedural By-law Members of Council:
a) May not impugn or malign a debate or decision or otherwise erode the authority
of Council;
b) When appointed to committees and other bodies as part of their duties must make
every effort to participate diligently in these bodies with good faith and care;
c) Must uphold the law and conduct themselves with the highest degree of ethical
behaviour and integrity;
d) Must avoid conflict of interest;
e) Must seek to advance the public interest with honesty and treat members of the
public with dignity, understanding and respect;
f) May not make statements known to be false or make a statement with the intent
to mislead Council or the public;
g) Are responsible in this Code for the actions of their staff, volunteers, agents or
other representatives working on their behalf.
Section 6 - Respect for Decision Making Process
6.1 Members shall accurately and adequately communicate the decisions of Council such
that respect for the decision and decision-making process is fostered.
6.2 Members shall not attempt directly or indirectly, to influence the decision-making process,
as it relates to the award of contracts or settlement of claims. This includes but is not limited
to direct or indirect personal contact or interaction with the parties administering or directly
involved in such processes.
Section 7 -Avoidance of Waste
7.1 Members shall avoid waste, abuse and extravagance in the provision or use of public
resources or any other Municipality Property.
Section 8 - Gifts and Benefits
8.1 No member shall accept a fee, advance, gift or personal benefit that is connected directly
or indirectly with the performance of his duties of office, unless permitted by the exceptions
listed below.
8.2 For these purposes, a fee or advance, gift or benefit provided with the member's knowledge
to a member's spouse, child, parent, brother, sister, father-in-law, mother-in-law, sister-in-
law and brother-in-law that is connected directly or indirectly to the performance of the
member's duties is deemed to be a gift to that member.
8.3 The following are recognized as exceptions:
a) Compensation or benefit authorized by Council;
b) Such gifts or benefits that normally accompany the responsibilities of office and
are received as an incident of protocol or social obligation;
c) A political contribution otherwise reported by law;
d) Services provided without compensation by persons volunteering their time;
e) A suitable memento of a function honouring the member;
f) Food, lodging, transportation and entertainment provided by provincial, regional and
local governments or political subdivisions of them, by the federal government or by a
foreign government within a foreign country;
g) Food and beverages consumed at banquets, receptions or similar events, if:
i) Attendance serves a legitimate business purpose;
ii) The Person extending the invitation or a representation of the organization is
in attendance;and
iii) The value is reasonable and the invitations infrequent.
h) Communication to the offices of a member, including unpaid subscriptions to
newspapers and periodicals.
8.4 Except in the case of category a) or f), a member may not accept a gift or benefit worth in
excess of$250 or gifts and benefits from one source during a calendar year worth in excess of
$250.
Section 9: Confidential Information
9.1 No member shall disclose or release by any means to any member of the public, or in any way
divulge any confidential information, including personal information or any aspect of
deliberations acquired by virtue of their office, in either oral or written form, except when
required by law or authorized by Council resolution to do so.
9.2 Members shall not release information subject to solicitor-client privilege, unless expressly
authorized by Council or required by law to do so.
9.3 Nor shall members use confidential information including information that they have knowledge
of by virtue of their position that is not in the public domain, including e-mails and
correspondence from other Members, or third parties, for personal or private gain, or for the
gain of relatives or any person or corporation or cause detriment to the Municipality, Council or
others.
9.4 Confidential information includes information in the possession of the Municipality that the
Municipality is either prohibited from disclosing, or is required to refuse to disclose, under the
Municipal Freedom of Information and Protection of Privacy Act(MFIPPA), or other legislation.
Generally, MFIPPA restricts or prohibits disclosure of information received in confidence from
third parties of a corporate, commercial, scientific or technical nature, information that is
personal, and information that is subject to solicitor-client privilege. Members shall not disclose,
use or release information in contravention of applicable privacy law.
9.5 The Municipal Act, 2001, permits information that concerns personal matters, labour relations,
litigation, property acquisitions/dispositions, the security of the property of the Municipality or a
local board, and matters authorized in other legislation, to remain confidential. For the
purposes of the Code of Conduct, "confidential information" also includes this type of
information.
9.6 Under the Municipality of Bayham Procedural By-law as amended from time to time a matter
that has been discussed at an in-camera meeting remains confidential. Members have a duty
to hold information received at closed meetings in strict confidence for as long and as broadly
as the confidence applies. Members shall not either directly or indirectly, release, make public
or in any way divulge the content of any such matter, or the substance of deliberations, of the
in-camera meeting including memorandums and staff reports that are distributed for
consideration during the in-camera meeting to anyone, unless specifically authorized by
Municipality Council resolution or required by law.
9.7 Examples of the types of information that a member of Council must keep confidential include
but are not limited to the following:
a) Items under litigation, negotiation, or personnel matters;
b) Information that infringes on the rights of others (e.g., sources of complaints);
c) Price schedules in contract tender or Request For Proposal submissions if so
specified;
d) Information deemed to be "personal information" under the Municipal Conflict of
Interest Act; and
e) Statistical data required by law not to be released (e.g. certain census or assessment
data).
f) Members of Council shall not access or attempt to gain access to confidential information
in the custody of the Municipality unless it is necessary for the performance of their
duties and not prohibited by Council policy.
9.8 Members are only entitled to information in the possession of the Municipality that is relevant to
matters before the Council or a committee. Otherwise, they enjoy the same level of access
rights to information as any other member of the community and must follow the same
processes as any private citizen. As one example, no member should have access to
documents or receive any information related to a particular procurement process while the
process is ongoing.
Section 10 - Use Of Municipality Property. Services and Other Resources
10.1 No member of Council shall use, or permit the use of Municipal Property, including land,
facilities, equipment, supplies, services, staff or other resources (for example, Municipal-
owned materials, computers, networks, websites, Corporate transportation) for activities other
than the business of the Corporation. Nor should any member obtain personal benefit or
financial gain from the use or sale of Municipal Property, including Municipal-developed
intellectual property (for example, inventions, creative writings, computer programs and
drawings), technical innovations, Municipal owned images, logos, coat of arms, or other
items capable of being patented, since all such property remains exclusively that of the
Municipal.
10.2 Members shall conduct themselves in accordance with the provisions of the Municipality
of Bayham Technology Use Policy. The Municipality of Bayham licenses the use of
computer software from a variety of vendors. The Municipality of Bayham does not own the
software or its documentation. Software is normally copyrighted, and no individual may
copy or distribute the software unless expressly permitted to do so under the applicable
licence. This policy applies to the use of blackberries, personal computers, fax machines,
printers, etc.
10.3 Members shall conduct themselves in accordance with the Municipality of Bayham's Use
of Corporate Resources for Election Purposes Policy
Section 11 - Election Campaign Work
11.1 Members are required to follow the provisions of the Municipal Elections Act, 1996 and
Council's Policy with respect to the Use of Corporate Resources for Election Purposes.
11.2 No member shall use the facilities, equipment, supplies, services or other resources of the
Municipality (including Councillor newsletters and Councillor websites linked through the
Municipality's website) for any election campaign or campaign-related activities. No
member shall undertake campaign-related activities on Municipal property. No member
shall use the services of persons during hours in which those persons receive any
compensation from the Municipality.
Section 12 - Municipal Conflict Of Interest Act
12.1 Members shall conduct themselves in accordance with the Municipal Conflict of Interest Act
as amended from time to time.
Section 13 - Improper Use of Influence
13.1 No Member shall use the influence of his office for any purpose other than for the exercise of
his official duties.
13.2 Examples of prohibited conduct are the use of one's status as a Member to improperly
influence the decision of another person to the private advantage of oneself, or one's
parents, children or spouse, staff members, friends, or associates (business or
otherwise). This would include attempts to secure preferential treatment beyond activities in
which members normally engage on behalf of their constituents as part of their official duties.
Also prohibited is the holding out of the prospect or promise of future advantage through a
member's supposed influence within Council in return for present actions or inaction.
13.3 For the purposes of this provision "private advantage" does not include a matter:
a) That is of general application;
b) That affects a member of Council, his or her parents, children or spouse, staff
members, friends, or associates, business or otherwise as one of a broad class of
persons; or
c) That concerns the remuneration or benefits of a member of Council as authorized
by Council.
Section 14- Business Relations
14.1 No member shall act as a paid agent before Council except in compliance with the terms
of the Municipal Conflict of Interest Act as amended from time to time.
14.2 A member shall not refer a third party to a person, partnership, or corporation in exchange
for payment or other personal benefit.
Section 15- Expenses
15.1 Members shall comply with the provisions of the Council Reimbursement of Expenses Policy
as amended from time to time.
Section 16 - Conduct Respecting Current and Prospective Employment
16.1 No member shall allow the prospect of his future employment by a person or entity to
detrimentally affect the performance of his duties to the Municipality.
Section 17 - Conduct at Meetinas of Council
17.1 Members shall conduct themselves with decorum at Council meetings in accordance with
the provisions of the Municipality of Bayham's Procedural By-law.
Section 18 - Conduct Respecting Staff
18.1 Mutual respect and cooperation are required to achieve the Council's corporate goals
and implement the Council's strategic priorities through the work of staff.
18.2 Employees have an obligation to recognize that members of Council have been duly
elected to serve the residents of Bayham and respect the role of Council in directing the
actions of the Municipality.
18.3 Employees serve Council and work for the municipal corporation under the direction of the
Administrator. Council directs staff through its decisions as recorded in the minutes and
resolutions of Council. Members have no individual capacity to direct members of staff to
carry out particular functions.
18.4 Inquiries of staff from Members should be directed to the Administrator.
18.5 Only Council as a whole and no single member including the Mayor has the authority to
direct staff, approve budget, policy, committee processes and other such matters, unless
specifically authorized by Council.
18.6 Members shall be respectful of the role of staff to advise based on political neutrality
and objectivity and without undue influence from any individual member or faction of the
Council. Accordingly, no member shall maliciously or falsely injure the professional or ethical
reputation, or the prospects or practice of staff, and all members shall show respect for
the professional capacities of the staff of the Municipality.
18.7 Employees have a duty and obligation to act impartially, and in accordance with
prescribed regulations or standards of conduct. Similarly, Employees with professional
qualifications have an additional duty and obligation to act in accordance with standards of
conduct prescribed for their profession. Members shall refrain from any conduct which may
deter, interfere or unduly influence Employees in the performance of such duties and
obligations.
18.8 No member shall compel staff to engage in partisan political activities or be subjected to
threats or discrimination for refusing to engage in such activities. Nor shall any member use,
or attempt to use, their authority or influence for the purpose of intimidating, threatening,
coercing, commanding, or influencing any staff member with the intent of interfering with
that person's duties, including the duty to disclose improper activity.
18.9 In practical terms, there are distinct and specialized roles carried out by Council as a whole
and by Councillors when performing their other roles. The key requirements of these
roles are captured in the Code of Conduct and include dealing with constituents and the
general public and participating as Council representatives on agencies, boards,
commissions and other bodies. Similarly, there are distinct and specialized roles expected of
Municipal staff in both the carrying out of their responsibilities and in dealing with the Council.
Section 19 - Discreditable Conduct (Interpersonal Behaviours]
19.1 All members of Council have a duty to treat members of the public, one another and
staff appropriately and without abuse, bullying or intimidation. All members of Council shall
ensure that their work environment is free from discrimination and of personal and sexual
harassment.
19.2 The Ontario Human Rights Code applies, as does the Municipality of Bayham's Workplace
Human Rights Program, Code of Conduct for Employees and Violence in the Workplace
Program addressing a Harassment-free and Discrimination-free Workplace adopted by
Council.
19.3 Members shall abide by the provisions of the Human Rights Code, as amended, and, in doing
so, shall treat every person, including other Members, employees, individuals providing
services on a contract for service, students on placements, and the public, with dignity,
understanding and respect.
19.4 In accordance with the Human Rights Code, as amended, Members shall not discriminate
against anyone on the basis of their race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family
status, or disability..
19.5 In accordance with the Human Rights Code, as amended, harassment means engaging
in a course of vexatious comment or conduct that is known or ought reasonably to be
known to be unwelcome.
19.6 Without limiting the generality of the foregoing, Members shall not:
a) Make inappropriate comments or gestures to or about an individual where such
conduct is known or ought reasonably to be known to be offensive to the person(s) to
whom they are directed or are about;
b) Display materials or transmit communications that are inappropriate, offensive,
insulting or derogatory;
c) Make threats or engage in any abusive activity or course of conduct towards others;
d) Vandalize the personal property of others;
e) Commit assault of any kind, including making unwanted physical contact, including
touching, patting, or pinching; or
f) Refuse to converse or interact with anyone based on any ground listed in the
Human Rights Code, as amended.
19.7 Harassment which occurs in the course of, or is related to, the performance of Official Duties
by Members is subject to this Code. If an Employee or a member of the public brings
forward a harassment complaint against a Member, the complaint procedure under the
Municipality's (or Local Board's, where applicable) Human Rights Program/Harassment
Policy will apply. In all other cases involving a Member, complaints will be addressed in
accordance with sections below.
Section 20 - Failure to Adhere To Council Policies and Procedures
20.1 A number of the provisions of this Code of Conduct incorporate policies and procedures
adopted by Council. More generally, Members are required to observe the terms of all
policies and procedures established by Municipality Council.
20.2 This provision does not prevent a Member from requesting that Council grant an exemption
from a policy.
Section 21 - Reprisals and Obstruction
21.1 Members of Council shall respect the integrity of the Code of Conduct. Any reprisal or
threat of reprisal against a complainant or anyone for providing relevant information pursuant
to the Code of Conduct is therefore prohibited. It is also a violation of the Code of Conduct to
obstruct the Mayor, designate and/or Administrator in the carrying out of his responsibilities,
as, for example, providing inaccurate or misleading information to the Mayor, designate
and/or Administrator, refusing to answer inquiries or by the destruction of (records)
documents or the erasing of electronic communications.
Section 22: Actino On Advice of the Mayor. Designate and/or Administrator
22.1 Any written advice given by the Mayor, Designate and/or Administrator to a member
binds the Mayor, Designate and/or Administrator in any subsequent consideration of the
conduct of the member in the same matter as long as all the relevant facts known to the
member were disclosed to the Mayor, Designate and/or Administrator, and the information
or facts have not changed in the interim.
Section 23 - Compliance with the Code of Conduct
23.1 Members of Council are accountable to the public through the four-year election
process. Between elections they may, for example, become disqualified and lose their seat if
convicted of an offence under the Criminal Code of Canada or for failing to declare a
conflict of personal interest under the Municipal Conflict of Interest Act.
23.2 In addition to any other consequence imposed by law, Members found to have breached
this Code may be subject to discipline, including return of a gift or benefit, removal from a
Local Board or committee, loss of Chairmanship, removal from a Local Board or
committee, censure, a reprimand or, where applicable, suspension of remuneration paid
for his services as a Member, for a period of up to ninety(90)days.
23.3 The Council shall appoint the Mayor, Designate and/or Administrator to investigate alleged
breaches of this Code and shall have unfettered access to legal assistance.
23.4 Any individual, including members of the public, Municipal employees, and members of
Council, who has reasonable grounds to believe that a Member has breached a provision
of the Code, may proceed with a complaint.
23.5 An organization, Employee, Member or member of the public having reasonable grounds
to believe that a Member has breached this Code, may proceed with a complaint. Complaints
must be submitted within six weeks of the matter becoming known to the individual and no
more than six months after the alleged violation occurring. No action will be taken on a
complaint received beyond these deadlines.
23.6 A complainant does not have to pursue the informal complaint process set out in section
24.1 prior to proceeding with the formal complaint process set out in section 24.2.
Section 24— Procedure- Complaints
Informal Complaints
24.1 Any individual who has identified or witnessed behaviour or activity by a member that
appears to be in contravention of the Code may address their concerns in the following
manner:
a) Advise the member that their behaviour or activity contravenes the Code;
b) Encourage the member to stop the prohibited behaviour or activity;
c) If applicable, confirm to the member your satisfaction or dissatisfaction with his
response to the concern identified;
d) Keep a written record of the incidents including dates, times, locations, other
persons present, and any other relevant information, including steps taken to resolve
the matter.
e) If not satisfied with the response received through the informal process, an individual
may proceed with a formal complaint through the Mayor, Designate and/or
Administrator as outlined in section 24.2.
Formal Complaints
24.2 Any individual who has identified or witnessed behaviour or activity by a member that
appears to be in contravention of the Code may address their concerns through the formal
complaint process set out below.
a) All formal complaints must be made using the Municipality's Complaints
Form/Affidavit (see Appendix "A") and shall be dated and signed by the complainant;
b) The complaint must include an explanation as to why the issue raised may be a
contravention of the Code and any evidence in support of the allegation must be
included with the Complaints Form/Affidavit;
c) Any witnesses in support of the allegation must be identified on the Complaint
Form/Affidavit;
d) The Complaint Form/Affidavit must include the name of the member alleged to
have breached the Code, the section of the Code allegedly contravened, the date,
time and location of the alleged contravention and any other information as
required on the Complaint Form/Affidavit;
e) The complaint shall be filed with the Mayor, Designate and/or Administrator who
shall confirm that the information is complete as to a), b), c) and d) of this section.
The Mayor, Designate and/or Administrator will determine whether the matter is, on
its face, a complaint with respect to non-compliance with the Code and not covered
by other legislation or policies; and
f) The Mayor, Designate and/or Administrator may request additional information from the
complainant.
Response of Mayor, Designate and/or Administrator of Complaint Outside Jurisdiction
24.3 If the complaint received by the Mayor, Designate and/or Administrator is deemed not to
be a complaint with respect to non-compliance with the Code, the Mayor, Designate
and/or Administrator shall advise the complainant in writing as follows:
a) Criminal Matter — if the complaint is an allegation of a criminal nature consistent with
the Criminal Code of Canada, the complainant shall be advised that pursuit of
such an allegation must be made through the appropriate police service;
b) Municipal Conflict of Interest — if the complaint is an allegation with respect to
matters under the Municipal Conflict of Interest Act, the complainant shall be
advised to review the matter with their own legal counsel;
c) Municipal Freedom of Information and Protection of Privacy — if the complaint
is more appropriately addressed under the Municipal Freedom of Information and
Protection of Privacy Act, the complainant shall be referred to the Clerk to have the
matter reviewed under that Act; and
d) Discrimination or Harassment — if the complaint is an allegation of discrimination
or harassment, the complainant shall be advised to file a complaint directly to the
Administrator under the Municipality of Bayham's Human Rights Program. The
complainant will also be advised of his or her right to advance an application to
the Ontario Human Rights Tribunal.
24.4 If the matter is covered by other policies with a complaint procedure or legislation, the
complainant will be advised and directed to proceed in a manner as considered appropriate
by the Mayor, Designate and/or Administrator.
Refusal to Conduct an Investigation
24.5 if upon review of a complaint, the Mayor, Designate and/or Administrator is of the opinion
that the complaint is frivolous, vexatious or not made in good faith, or that there are no or
insufficient grounds for an investigation, the Mayor, Designate and/or Administrator will not
conduct an investigation and shall communicate this position in writing to the complainant
and the member identified in the Complaint Form/Affidavit.
Opportunity for Resolution
24.6 If at any time, following the receipt of a formal complaint or during the investigation process,
the Mayor, Designate and/or Administrator believes that an opportunity to resolve the
matter may be successfully pursued without a formal investigation, and both the
complainant and the member agree, efforts may be made to achieve an informal resolution.
Section 25 - Investiaation
25.1 If the Mayor, Designate and/or Administrator determines that a formal investigation is
required he shall proceed in the following manner, subject to the Mayor, Designate
and/or Administrator's ability to elect to exercise the powers of a commissioner under Parts
I and II of the Public Inquiries Act.
25.2 The Mayor, Designate and/or Administrator shall provide a copy of the complaint and any
supporting materials to the member whose conduct is in question with a request that a written
response to the allegation be provided to the Mayor, Designate and/or Administrator within
fourteen days.
25.3 The Mayor, Designate and/or Administrator shall give a copy of the response provided by
the member to the complainant with a request for a written reply within fourteen days.
25.4 If necessary, after reviewing the submitted materials, the Mayor, Designate and/or
Administrator may speak to anyone, access and examine any other documents or
electronic materials, and may enter any Municipal work location relevant to the complaint for
the purpose of investigation and potential resolution.
25.5 The Mayor, Designate and/or Administrator may make interim reports to Council where
necessary and as required to address any issues of interference, obstruction, delay or
retaliation encountered during the investigation.
25.6 At any time the complainant may abandon the request for an investigation and the
Mayor, Designate and/or Administrator will cease his investigation.
Section 26- Recommendation Report
26.1 Upon completion of an investigation, the Mayor, Designate and/or Administrator shall report
to the complainant and the member on the results of his review within ninety days of
receiving a complete Complaint Form/Affidavit. If the investigation process is going to take
more than ninety days, the Mayor, Designate and/or Administrator shall provide an interim
report to the complainant and member indicating when the complete report will be available.
26.2 If during the investigation process, the complaint is withdrawn, sustained or resolved, the
Mayor, Designate and/or Administrator shall report to Council outlining the findings, the
terms of any resolution and any recommended action within thirty days.
26.3 If upon completion of the investigation the Mayor, Designate and/or Administrator finds that a
breach of the Code has occurred, the Commissioner shall report his findings to Council
including a recommendation as to the imposition of a penalty as set out in the Municipal Act
of: a reprimand; suspension of remuneration paid to the member for a period of up to ninety
days.
26.4 if upon completion of the investigation, the Mayor, Designate and/or Administrator finds that
there has been no contravention of the Code, or that a contravention occurred, however,
the member took all reasonable measures to prevent it, or the contravention committed
was trivial or committed through inadvertence or an error of judgment made in good faith, the
Mayor, Designate and/or Administrator shall set this out in its report to Council.
Section 27 - Dub/of Council
27.1 The Council shall consider the report of the Mayor, Designate and/or Administrator within
30 days of it being received by the Clerk and shall take the action it considers
appropriate with regard to the recommendation(s) of the Mayor, Designate and/or
Administrator.
27.2 In circumstances where the alleged breach of trust or other misconduct is serious in
nature, Council may pass a resolution, pursuant to the Municipal Act, 2001, requesting a
judicial investigation into the Member's conduct.
No Complaints or Reports Prior to Election
27.3 No complaint regarding a Member who is a candidate in an election may be referred to
the Mayor, Designate and/or Administrator for review and/or investigation between
Nomination Day and the date of the inaugural meeting of Council in any year in which a
regular municipal election will be held. Any complaint received after Nomination Day shall
be deemed received by the Mayor, Designate and/or Administrator on December 1 in a
regular election year and the complainant shall be so advised of this process. The time
elapsed between Nomination Day in a regular election year and the inaugural meeting of
the newly elected Council shall not be included in the time calculation previously referred
to.
27.4 The Mayor, Designate and/or Administrator shall not make any report to Council or any other
person after the regularly scheduled Council meeting in any year in which a regular municipal
election is to be held.
27.5 Any reports would proceed to the first Council meeting held after the inaugural meeting
of the new Council.
Section 28 - Confidentiality of Complaint Documents
28.1 The Mayor, Designate and/or Administrator and every person acting under his instructions
shall preserve the confidentiality of all documents, material or other information, whether
belonging to the Municipality or not, that come into their possession or to their knowledge
during the course of their duties as required by section 223.5 of the Municipal Act.
28.2 Pursuant to section 223.5(3) of the Municipal Act, this section prevails over the Municipal
Freedom of Information and Protection of Privacy Act.
28.3 If the Mayor, Designate and/or Administrator reports to the Council on an investigation into
an alleged breach of the Code, the report shall only disclose such information that in the
Mayor, Designate and/or Administrator's opinion is required for the purposes of the report.
28.4 If the Mayor, Designate and/or Administrator issues an annual or other periodic report to
Council on his activities, the Mayor, Designate and/or Administrator shall summarize the
advice he has given but shall not disclose confidential information that could identify a person
concerned.
Section 29- Other Duties of the Mayor. Desianate and/or Administrator
29.1 In addition, to conducting investigations regarding alleged breaches of the Code, the
Mayor, Designate and/or Administrator shall have the following responsibilities:
a) Provide information to Council as to their obligations under the Code;
b) Provide advice to individual members regarding specific situations as they relate to
the application of the Code;
c) Provide advice to Council on other policies and procedures that relate to the
ethical behavior of members;
d) Provide general advice on conflict of interest issues noting that this advice may not
be used in defense of allegations related to conflict of interest; and
e) Provide information to the public regarding the Code and the obligations of
members under the Code.
SIGNATURE
The undersigned Member of Council hereby acknowledges that they have received a
copy of the Code of Conduct and are bound by the provisions of the same.
Signature of Member of Council Date
Printed Name
Appendix"A"
Formal Complaint Form I Affidavit
(full name) of the
(Municipality) inthe Province of Ontario do
solemnly swear/(affirm and declare)that the following contents of this affidavit as subscribed are
true and correct:
Permanent
place of
residence:
Mailing address(if
different from
above):
I have personal knowledge of the facts as set out in this Affidavit because
(insert reasons e.g. I work for... I attended a meeting at which... etc.) I have reasonable and
probable grounds to believe that (specify name of member)has contravened
section
(s) of the Council Code of Conduct of the Municipality of Bayham. The
particulars of which are as follows:
(Set out the statements of fact in consecutively numbered paragraphs in the space below, with each
paragraph being confined as far as possible to a particular statement of fact. If you require more
space please use the attached Schedule A form and check the appropriate box below. If you wish
to include exhibits to support this complaint, please refer to the exhibits as Exhibit A, B etc. and
attach them to this affidavit.)
❑ Please see the attached Schedule A
This affidavit is made for the purpose of requesting that this matter be reviewed by the Municipality
of Bayham appointed Mayor, Designate and/or Administrator and for no other purpose.
Identification#(of Identification provided)
Sworn (or Affirmed) before me at the
Municipality of Bayham, in the County
of Simcoe, in the Province of Ontario on
the day of
etc.
A Commissioner,
Signature (to be witnessed by Commissioner)
Note: This is a sworn (affirmed) affidavit of the deponent only. No investigation has been
conducted by this authority to confirm or verify the above sworn information. THE CRIMINAL
CODE OF CANADA provides that: everyone commits perjury who, with intent to mislead,
makes before a person who is authorized by law to permit it to be made before him a false
statement under oath or solemn affirmation by affidavit, solemn declaration or deposition or
orally, knowing that the statement is false, is guilty of an indictable offence and liable to a
term of imprisonment not exceeding fourteen years (Section 131, 132), or by summary
conviction (Section 134). Signing a false affidavit may expose you to prosecution under
Sections 131 and 132 or 134 of the Criminal Code,
R.S.C. 1985 c. C-46 and also to civil
liability for defamation.
Page of_
Schedule A
(Additional
Information)
To the affidavit required under subsection 25.2 of the Procedure— Formal Complaint of the
Council Code of Conduct.
(If more than one page is required, please photocopy this blank page and mark each additional
page as 2 of 2, 2 of 3, etc. at the top right corner.)
This Schedule A referred to in the Affidavit of
(full name)
Sworn (or Affirmed) before me on this day
of
A Commissioner for taking affidavits, etc.