HomeMy WebLinkAboutJanuary 04, 2018 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, January 4, 2018
7:00 p.m.
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
5. DELEGATIONS
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held December 21, 2017
B. Public Meeting held December 21, 2017 Zoning Application Southwick
C. Public Meeting held December 21, 2017 Zoning Application 0830513 BC Ltd.
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES – EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council
10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
2018 Council Agenda January 4, 2018
10.2 Reports to Council
A. Report DS-01/18 by Bill Knifton, Chief Building Official | Drainage Superintendent re
Petition for Drainage
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Ministry of Municipal Affairs / Ministry of Government and Consumer Services re Bill 59
Update
B. MPAC re 2017 Year-End Assessment Report for the 2018 Tax Year
C. Ernie Hardeman, MPP re Ontario PC Platform
11.1.2 Requiring Action
A. Royal Canadian Legion Ontario Command re Military Service Recognition Book
11.2 Reports to Council
A. Report TR-02/18 by Lorne James, Treasurer re Interim Tax Levy and Borrowing By-laws
B. Report CAO-01/18 by Paul Shipway, CAO | Clerk re RFT 17-07 Bridge No. 6 (Tunnel Line
Bridge)
C. Report CAO-02/18 by Paul Shipway, CAO | Clerk re Rates & Fees Assessment
12. BY-LAWS
A. By-Law 2018-001 Being a By-law to provide for an interim tax levy (This by-law follows
the recommendation made in Report TR-02/18 by Lorne James, Treasurer during the
regular meeting of January 4, 2018)
B. By-Law 2018-002 Being a By-law to authorize borrowing from time to time to meet
current expenditures during the fiscal year ending December 31, 2018 (This by-law follows
the recommendation made in Report TR-02/18 by Lorne James, Treasurer during the
regular meeting of January 4, 2018)
C. By-Law 2018-005 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 (This by-law
follows the recommendation made in Report CAO-83/17 by Paul Shipway, CAO | Clerk
during the regular meeting of December 21, 2017)
D. By-Law 2018-006 Being a By-law to appoint board and committee members
E. By-Law 2018-007 Being a By-law to repeal By-Law 2016-106, being by-law to appoint
Municipal officers and employees for the Municipality of Bayham
2018 Council Agenda January 4, 2018
F. By-Law 2018-008 Being a By-law to authorize the execution of a road maintenance
agreement between the Municipality of Bayham and the County of Elgin
G. By-Law 2018-009 Being a By-law to authorize the execution of a lease agreement
between The Corporation of the Municipality of Bayham and Medavie EMS Elgin Ontario
Inc.
H. By-Law 2018-010 Being a By-law to authorize the execution of an agreement between
the Municipality of Bayham and Theo Vandenberk Construction Inc. (This by-law follows
the recommendation made in Report CAO-01/18 by Paul Shipway, CAO | Clerk during the
regular meeting of January 4, 2018)
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 In Camera
14.2 Out of Camera
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law 2018-011 Being a By-law to confirm all actions of Council
16. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STATUTORY PLANNING MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, December 21, 2017
Application A - Southwick
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS RANDY BREYER
WAYNE CASIER
ED KETCHABAW
STAFF PRESENT:
CAO | CLERK PAUL SHIPWAY
DEPUTY CLERK BRENDA GIBBONS
SIGNED IN ATTENDEES: David Roe
1. CALLTO ORDER
Mayor Ens called the public meeting to order for Application A – Southwick at 7:30 p.m. and
asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law
Amendment to place their name and contact information on the sign-in sheet provided at the
podium.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Deputy Mayor Southwick declared a conflict as he is an owner of the subject property. Deputy
Mayor Southwick vacated his chair during this Public Meeting and did not take part in debate or
the vote on the item.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
The Chairman stated the purpose and effect of the proposed amendment.
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Application submitted by Eva and Tom Southwick
THE PURPOSE of this By-law is to temporarily change the zoning regulations on a 2,630
m² (0.65 acres) parcel from Agricultural (A1) Zone to a combined Agricultural and
Temporary (A1/T2-X) Zone to permit a garden suite, in the form of a one storey mobile
home unit, for a period not to exceed twenty (20) years in Zoning By-law Z456-2003. The
subject lands are located on the west side of Clarke Road, north of Glen Erie Line known
as 5149 Clarke Road.
2017 Planning Meeting Minutes December 21, 2017
THE EFFECT of this By-law will be to allow for the installation of a temporary residence
on the subject lands exclusively for the care of elderly parents for a period not
exceeding 20 years
5. PUBLIC PARTICIPATION
David Roe, Agent on behalf of the applicant provided an overview of the application. Mr. Roe
advised the mobile home unit must meet all building requirements and the application complies
with the Provincial Policy Statement as well as County and Municipal Official Plans.
6. CORRESPONDENCE
No correspondence was received.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
Moved by: Councillor Ketchabaw
Seconded by: Councillor Breyer
THAT the Zoning By-law be considered at the meeting scheduled for January 18, 2018;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Application A –
Southwick is now complete at 7:35 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STATUTORY PLANNING MEETING DRAFT MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, December 21, 2017
Application B - 0830513 BC Ltd.
PRESENT:
MAYOR PAUL ENS
DEPUTY MAYOR TOM SOUTHWICK
COUNCILLORS RANDY BREYER
WAYNE CASIER
ED KETCHABAW
STAFF PRESENT:
CAO | CLERK PAUL SHIPWAY
DEPUTY CLERK BRENDA GIBBONS
SIGNED IN ATTENDEES: David Roe
1. CALLTO ORDER
Mayor Ens called the public meeting to order for Application B – 0830513 at 7:36 p.m. and
asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law
Amendment to place their name and contact information on the sign-in sheet provided at the
podium.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
The Chairman stated the purpose and effect of the proposed amendment.
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Application submitted by 0830513 BC Ltd.
THE PURPOSE of this By-law is to change the zoning regulations on 0.4 ha (1 acres) of
land in the Agricultural (A1) Zone to a Site-specific Rural Residential (RR-XX) Zone and
on 25 ha (62 acres) of land from Agricultural (A1) Zone to a Site-specific Special
Agricultural (A2-XX) Zone in Zoning By-law Z456-2003. The subject lands are located on
the south side of Heritage Line, east of Toll Gate Road known as 57401 Heritage Line.
THE EFFECT of this By-law will be to allow for residential use on a 0.4 ha parcel surplus
to the farming operation and prohibit the keeping of livestock; and to allow for continued
agricultural use on a 25 ha (62 acres) parcel and to prohibit future residential development
on the lands.
2017 Planning Meeting Minutes December 21, 2017
5. PUBLIC PARTICIPATION
David Roe, Agent for the applicant provided an overview of the application which will meet a
condition of consent and will prohibit future development or livestock. Mr. Roe commented on
the extent to which the property has been cleaned up.
6. CORRESPONDENCE
No correspondence was received.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
Moved by: Deputy Mayor Southwick
Seconded by: Councillor Casier
THAT the Zoning By-law be considered at the meeting scheduled for January 18, 2018;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Application B –
0830513 BC Ltd. is now complete at 7:40 p.m.
CARRIED
MAYOR CLERK
Ministry of
Municipal Affairs
Office of the Minister
777 Bay Street, 17th Floor
Toronto ON M5G 2E5
Tel.: 416 585-7000
Fax: 416 585-6470
Ministère des
Affaires municipales
Bureau du ministre
777, rue Bay, 17e étage
Toronto ON M5G 2E5
Tél. : 416 585-7000
Téléc. : 416 585-6470
Ministry of Government and
Consumer Services
Office of the Minister
6th Floor, Mowat Block
900 Bay Street
Toronto, ON M7A 1L2
Tel.: 416-212-2665
Fax: 416-326-1947
Ministère des Services
gouvernementaux et des
Services aux
consommateurs
Bureau du ministre
6e étage, Edifice Mowat
900, rue Bay
Toronto, ON M7A 1L2
Tél. : 416 212-2665
Téléc.: 416 326-1947
MGCS3766MC-2017-797
December 15, 2017
Dear Heads of Municipal Councils:
We are pleased to provide an update on Bill 59, Putting Consumers First Act
(Consumer Protection Statute Law Amendment), 2017. Bill 59 made amendments to the
City of Toronto Act, 2006 and the Municipal Act, 2001. Upon proclamation, these
amendments will allow local municipalities to regulate the location and number of
payday loan establishments. We would like to inform you that the government has
proclaimed these sections into force effective January 1, 2018.
During consultations to inform the development of Bill 59, the government heard from
municipalities that there was interest in an expanded municipal authority to regulate
payday lenders. As a government we have listened. We thank municipal leaders for
your contributions to protecting consumers and your communities.
Additional regulatory changes to strengthen protection for consumers using payday
loans and cheque-cashing services will come into force on July 1, 2018 and include the
following:
• It will be mandatory for payday lenders to provide borrowers with an extended
payment plan if borrowers take out three or more loans with the same lender
within a 63-day period.
• Payday lenders can only lend up to 50 per cent of a borrower’s net pay per loan.
• The cost of borrowing a payday loan must be disclosed as an annual percentage
rate in advertisements and agreements.
• The maximum fee for cashing government-issued cheques will be capped at $2
plus one per cent of the face value of the cheque, or $10, whichever is less.
• It will be mandatory for cheque cashing service providers to provide a receipt
when cashing government-issued cheques.
…/2
-2-
If you have any questions about the amendments, you may contact Ann Misetich,
Manager of Consumer and Business Policy via email at Ann.Misetich@ontario.ca or by
telephone at 416-326-8868.
Thank you for your continued support of strengthening financial protection for
consumers in Ontario’s communities. We look forward to continuing to work with you on
this important initiative in the future.
Sincerely,
Tracy MacCharles Bill Mauro
Minister of Government and Consumer Services Minister of Municipal Affairs
c: Municipal Clerks/CAOs
1340 Pickering Parkway, Suite 101, Pickering, ON L1V 0C4
www.mpac.ca
December 19, 2017
To: Chief Administrative Officers
Chief Financial Officers, Treasurers and Tax Collectors, and Municipal Clerks
From: Carla Y. Nell, Vice-President
Municipal and Stakeholder Relations
Subject: 2017 Year-End Assessment Report for the 2018 Tax Year
This fall, the Municipal Property Assessment Corporation (MPAC) mailed nearly 900,000
Property Assessment Notices to property owners across Ontario to reflect changes in
assessment that have taken place over the last year. We also have recently delivered to
Municipalities the Assessment Roll for the 2018 property tax year.
Our commitment to enhancing stakeholder relationships has never been stronger, and under
our new strategy, we will continue to formalize a customer relationship strategy based on
shared responsibility, mutual understanding and trust.
We have developed the enclosed 2017 Year-End Assessment Report for the 2018 Tax Year for
municipal administration and elected officials to provide an Executive Summary of the work
performed by MPAC in 2017, which includes municipal level snapshots of the property class
changes unique to your area.
A copy of this report will also be provided to Municipal Clerks for submission to municipal
councils in the new year. In the interim, I encourage you to review the report and share your
comments or any questions with your local Municipal and Stakeholder Relations team.
Yours truly,
Carla Y. Nell
Vice-President, Municipal and Stakeholder Relations
cc: Regional and Account Managers
2017 Year-End Assessment Report
for the 2018 Tax Year
December 2017
The Municipal Property Assessment Corporation (MPAC) is an independent,
not-for-profit corporation funded by all Ontario municipalities, accountable to
the Province, municipalities and property taxpayers through its 13-member
Board of Directors.
MPAC’s role is to assess and classify all properties in Ontario in compliance
with the Assessment Act and regulations set by the Government of Ontario.
Province-wide Assessment Updates occur every four years and assessment
increases are phased-in as part of the four-year cycle.
MPAC’s province-wide Assessment Updates of property values have met
international standards of accuracy. With more than 1,700 employees in
offices across Ontario, we are committed to delivering property assessment
excellence, providing outstanding service and earning the trust of property
taxpayers as well as municipal and provincial stakeholders.
Learn more at:
mpac.ca
aboutmyproperty.ca
2012
2013-2016
Tax Years
January 1, 2012
(valuation date)
2016
2017-2020
Tax Years
January 1, 2016
(valuation date)
2020
2021-2024
Tax Years
January 1, 2020
(valuation date)
2017 Year-End Assessment Report for the 2018 Tax Year
2017 Year-End Assessment Report for the 2018 Tax Year
Table of Contents
Introduction ............................................................2
Property Assessment Notice Mailing ..........................2
Data Quality Reviews ................................................3
Assessment Growth .................................................3
Request for Reconsideration & Appeals ......................4
Ongoing Review of Key Property Sectors ....................6
Conclusion ..............................................................7
22017 Year-End Assessment Report for the 2018 Tax Year
Introduction
Last year, as part of the 2016 Assessment Update, MPAC mailed a
Property Assessment Notice to every property owner in the province,
providing assessments to Ontario’s more than 5 million properties
with a total assessed value of $2.4 trillion.
As part of our ongoing efforts to ensure assessment accuracy and to
increase Roll stability, we are pleased to provide our municipal stakeholders
with a snapshot of the key activities undertaken in 2017 to support the
delivery of the annual Assessment Roll for the 2018 property tax year
and assist municipalities with their 2018 budget and tax planning.
In particular, this report provides an update on the areas that were of
key operational focus for MPAC over the course of 2017, including:
• Property Assessment Notice Mailing
• Data Quality Reviews
• Assessment Growth
• Requests for Reconsideration and Appeals
• Ongoing Reviews of Property Sectors
Also attached to this report are two municipal level assessment snapshots
unique to your area. The first provides the updated 2016 destination Current
Value Assessment (CVA) and a comparison of the 2017 and 2018 phased-in
assessments.
The second is a comparison of the distribution of the total 2017 and
2018 phased-in assessments, which includes the percentage of the
total assessment base by property class.
Property Assessment Notice Mailing
This year marked the second year of MPAC’s current four-year assessment
cycle and, at MPAC, we take our responsibility to provide quality, traceable
property assessments seriously. We know how important it is to our
stakeholders that we delivery quality Assessment Rolls each year.
MPAC is legislatively responsible for updating property information even in a
year when a province-wide Assessment Update is not taking place.
This year, MPAC has delivered nearly 900,000 Property Assessment Notices
for the 2018 tax year to property owners across Ontario to reflect changes in
ownership, value, classification and/or school support.
32017 Year-End Assessment Report for the 2018 Tax Year
Data Quality Reviews
Having accurate and timely data is a critical part of the assessment process.
As part of our quality management practices, our valuation experts complete
regular data validations and quality control process checks throughout
the year. These validations performed alongside a series of robust quality
assurance measures allows for the successful production of Assessment Rolls
to municipalities. For example, quality checks are completed to ensure any
potential errors within the Year-End Tax File, such as inaccurate addresses,
invalid/incompatible characters and school support rounding issues, are
identified and resolved prior to releasing the Year-End Tax File.
Our valuation experts carefully review assessments and property classification
changes on a routine basis to make certain information is both current and
accurate. This level of scrutiny provides confidence that the information in our
assessment database is reliable and permits our assessors to respond to any
in-cycle changes to valuation or other property changes in an efficient manner.
In addition, MPAC utilizes information, including building permits, vacancy
applications, tax applications, etc., that we receive from our municipal
stakeholders, in an effort to ensure the accuracy and quality of every
Assessment Roll delivered.
Assessment Growth
Understanding the importance of new assessment growth as a key source
of revenue for municipalities, MPAC strives to deliver value to stakeholders
through timely reporting of new assessment forecasts and capturing new
assessment growth. This practice is consistent with the key principle of fairness
in taxation for all property owners and taxing authorities. MPAC regularly
receives and processes information from a number of sources, including
building permits, and we have streamlined our processes so that growth is
captured in a timely manner.
In 2017, MPAC delivered more than $37 billion in taxable assessment
growth to municipalities across the province and have processed more
than 85% of this growth within one year of occupancy.
At the end of the third quarter (as of September 30, 2017), MPAC had
processed:
• 34,000 building permits
• 113 subdivision plans
• $2 billion in condominium growth
• 4,000 tax applications
• 2,000 Vacant Unit Rebate applications
42017 Year-End Assessment Report for the 2018 Tax Year
Going forward, through the implementation of our Service Level Agreement for
2018 and beyond, MPAC has committed to delivering preliminary and quarterly
forecasting reports to municipalities predicting new assessment growth, which
will increase our ability to ensure Roll predictability.
$4.94B
$8.57B
$6.83B
$9.39B
$3.16B
$3.77B
$679M
$37B
added in new assessment
to municipal Assessment
Rolls in 2017
Requests for Reconsideration and Appeals
Another important in-cycle activity is to respond to and process assessment
changes, which are primarily the result of Requests for Reconsideration (RfR)
and Assessment Review Board (ARB) appeals. This information is reflected
through in-cycle maintenance as part of our commitment to maintain and
deliver accurate Assessment Rolls.
From January 1 to November 30, 2017, MPAC completed a total of
70,162 RfRs. This reflects 46,093 residential, 7,218 farm and 16,007
business properties, representing less than 1.5% of Ontario’s properties.
52017 Year-End Assessment Report for the 2018 Tax Year
Across Ontario, on average, 49% of RfRs resulted in a change to the
assessment. The average change among these properties was about 14%.
The primary reasons for changes include: local market or equity adjustments,
changes to reflect updates made to structure property information in our
database, as well as other site variables.
As part of our work in support of the 2016 Province-wide Assessment Update,
MPAC focused on strengthening our RfR process to enable property owners
and MPAC to resolve more issues at the RfR stage and, in the process, reduce
the number of issues that go to an ARB appeal. The RfR process is a free
review of a property owner’s assessment concern, and is a prerequisite for
residential, farm and managed forest property owners before filing an appeal
with the ARB.
As of October 31, 2017, only 4.3% (2,980) ARB appeals were filed for
properties where a RfR has been completed. Overall, appeals have decreased
by 44% compared to the last reassessment.
In 2018, MPAC will continue to support and respond to the ARB commitment
to improve the appeal process including a strategy to eliminate backlogs and
complete appeals within the assessment cycle. The importance of a stable and
predictable assessment base is central to MPAC and these areas of focus, in
particular the work being undertaken to support the ARB appeal process, are
a reflection of our shared commitment to our stakeholders.
16,372
11,372
6,961
10,020
5,849
12,629
6,959
TOTAL 70,162*
70,162* Requests
for Reconsideration
completed in 2017
*as of November 30, 2017
62017 Year-End Assessment Report for the 2018 Tax Year
Ongoing Review of Key Property Sectors
As part of our ongoing work to maintain Ontario Assessment Rolls, MPAC
regularly conducts reviews of properties – both individually and at the sector
level. MPAC analyzes information and data that is collected through ongoing
meetings with municipal stakeholders, property owners and representatives
to discuss reviews and appeals, as well as other developments. Proactively,
MPAC also evaluates changing market conditions and economic trends to
determine if any potential valuation impacts exist. MPAC completes regular
reviews of our property inventory to ensure assessments are up to date and
reflective of each properties’ current state, in keeping with our legislative
mandate. Reviews of this nature are part of our standard operation. Canada’s
retail environment is a prime example of one property sector experiencing
change as a result of an evolving economic landscape. Some of the challenges
facing Ontario and the rest of North America include:
• The closure of major banner retailers
• The entry of new, high-end international retailers into the
Canadian marketplace
• Changing shopping patterns of Canadian consumers
• Increased use of online shopping
• A substantial number of appeals filed by owners/operators impacting
assessment bases across the province
As a result of changes in the market, the value of big box stores, logistics
sector properties, and shopping centres has been affected, which in turn
must be reflected in assessed values established by MPAC. In some cases,
properties have experienced increases in their assessed values, while in other
cases values have decreased. Many of these property types have experienced
a change in their assessed value on the Roll returned for 2018 taxation.
Looking Ahead
MPAC appreciates the impact that changes to the retail sector, and other
sectors may have on municipalities across the province and, as a result,
we continue to work to provide regular updates to all our stakeholders and
respond to questions and concerns.
Our valuation experts continue to monitor the Ontario marketplace and review
changes that are announced including the recent closure of Sears in October
2017. Similar to Target’s departure from the Canadian market, this change may
have a significant impact on assessments. MPAC is undertaking a fulsome
analysis of this development over the next few months and our Municipal and
Stakeholder Relations team will be engaging with municipalities throughout
this process.
View MPAC’s
latest webinar
– Retail Sector
Update
72017 Year-End Assessment Report for the 2018 Tax Year
Conclusion
At the core of our new 2017-2020 Strategic Plan is the theme ‘Valuing
What Matters Most’. For municipalities, we value building the customer and
stakeholder relationship. This means enhancing the transparency of growth
forecasts, processing assessment adjustments in a timely way, ensuring
traceability and transparency in our assessment methodology and keeping
stakeholders apprised of changes in the market that may impact property values.
Through greater collaboration between MPAC and municipalities, we continue
to be committed to continuously improve our service to stakeholders and
encourage you to share your feedback with us on the delivery of our services.
Your local Municipal and Stakeholder Relations team is available to
support you with any of our products or services. Please contact your
Regional Manager, Account Manager, or Account Support Coordinator if
you have any questions or would like more information about this report.
APPENDIX 1
Assessment Change Summary by Property Class
Municipality of Bayham
The following chart provides a comparison of the total assessment for the 2016 base years, as well as a comparison of the assessment change for
2017 and 2018 property tax year by property class.
Property Class/Realty Tax Class 2016 Full CVA 2017 Phased-in CVA 2018 Phased-in CVA Percent Change
2017 to 2018
R Residential 538,067,100 497,616,609 511,100,131 2.7%
M Multi-Residential 4,773,000 4,626,753 4,675,502 1.1%
C Commercial 18,613,100 16,820,634 17,418,123 3.6%
X Commercial (New Construction) 3,710,900 3,568,400 3,615,900 1.3%
I Industrial 7,490,000 7,031,039 7,184,027 2.2%
J Industrial (New Construction) 3,811,500 3,630,750 3,691,000 1.7%
P Pipeline 10,743,000 10,015,146 10,257,764 2.4%
F Farm 385,270,600 256,510,829 299,430,764 16.7%
T Managed Forests 2,612,800 1,599,196 1,937,065 21.1%
(PIL) R Residential 9,188,200 8,718,025 8,874,750 1.8%
(PIL) C Commercial 10,131,100 9,599,125 9,776,450 1.8%
E Exempt 19,039,800 16,013,776 17,022,452 6.3%
TOTAL 1,013,451,100 835,750,282 894,983,928 7.1%
APPENDIX 2
Assessment Base Distribution Summary by Property Class
Municipality of Bayham
The following chart provides a comparison of the distribution of the total assessment for the 2016 base year, and the 2017 and 2018 phased-in
assessment which includes the percentage of the total assessment base by property class.
Property Class/Realty Tax Class 2016 Full CVA Percentage of
Total 2016 CVA 2017 Phased-in CVA Percentage of
Total 2017 CVA 2018 Phased-in CVA Percentage of
Total 2018 CVA
R Residential 538,067,100 53.1% 497,616,609 59.5% 511,100,131 57.1%
M Multi-Residential 4,773,000 0.5% 4,626,753 0.6% 4,675,502 0.5%
C Commercial 18,613,100 1.8% 16,820,634 2.0% 17,418,123 1.9%
X Commercial (New Construction) 3,710,900 0.4% 3,568,400 0.4% 3,615,900 0.4%
I Industrial 7,490,000 0.7% 7,031,039 0.8% 7,184,027 0.8%
J Industrial (New Construction) 3,811,500 0.4% 3,630,750 0.4% 3,691,000 0.4%
P Pipeline 10,743,000 1.1% 10,015,146 1.2% 10,257,764 1.1%
F Farm 385,270,600 38.0% 256,510,829 30.7% 299,430,764 33.5%
T Managed Forests 2,612,800 0.3% 1,599,196 0.2% 1,937,065 0.2%
(PIL) R Residential 9,188,200 0.9% 8,718,025 1.0% 8,874,750 1.0%
(PIL) C Commercial 10,131,100 1.0% 9,599,125 1.1% 9,776,450 1.1%
E Exempt 19,039,800 1.9% 16,013,776 1.9% 17,022,452 1.9%
TOTAL 1,013,451,100 100.0% 835,750,282 100.0% 894,983,928 100.0%
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Advertising Prices
Ad Size Cost HST Total
Full Colour Outside Back Cover $2,132.74 + $277.26 = $2,410.00
Inside Front/Back Cover (Full Colour) $1,853.98 + $241.02 = $2,095.00
2 Page Spread (Full Colour) $2,964.60 + $385.40 = $3,350.00
Full Page (Full Colour) $1,482.30 + $192.70 = $1,675.00
Full Page 7” X 9.735”$1,110.62 + $144.38 = $1,255.00
½ Page (Full Colour) $831.86 + $108.14 = $940.00
½ Page 7” X 4.735” $646.02 + $83.98 = $730.00
¼ Page (Full Colour) $504.42 + $65.58 = $570.00
¼ Page 3.375” X 4.735” $415.93 + $54.07 = $470.00
1/10 Page (Full Colour) $300.88 + $39.12 = $340.00
1/10 Page (Business Card) 3.375” X 1.735” $256.64 + $33.36 = $290.00
H.S.T. Registration # 10686 2824 RT0001
All typesetting and layout charges are included in the above prices.
A complimentary copy of this year’s publication will be received by all advertisers
purchasing space of 1/10 page and up, along with a Certificate of Appreciation from
the Ontario Command.
PLEASE MAKE CHEQUE PAYABLE TO:
The Royal Canadian Legion
Ontario Command
(RCL ON)
(Campaign Office)
P O Box 8055, Station T CSC
Ottawa, ON K1G 3H6
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: January 4, 2018
REPORT: CAO-01/18
SUBJECT: RFT 17-07 BRIDGE NO. 6 (TUNNEL LINE BRIDGE)
BACKGROUND:
The 2018-2027 Approved in Principle Capital Budget contains Capital Item PW-1 Tunnel Line
Bridge - $75,000. The project includes the repair and maintenance of Tunnel Line Bridge
pursuant to engineer inspections and drawings.
DISCUSSION
RFT 17-07 was posted from November 30, 2017 – December 19, 2017. The Municipal
Engineer sought bids for the following works:
1) Sawcut, remove and dispose of ex. asphalt.
2) Remove and dispose of any delaminated concrete, including sandblasting exposed
rebar and placement of new concrete as per spec.
3) Repair of deterioration on South West and North East abutments.
4) Supply and Install steel beam guiderail & channel with extruder end treatments (3) and
one beaver tail end treatment as per drawings.
5) Supply and install 76mm of HL4 asphalt finish overlay (two lifts) on deck and on
approaches matching into sawcuts.
Vendor Bid
Weathertech Restorations Services Inc. $87,962.50+HST
Gary D. Robinson Contracting Ltd. $117,275.00+HST
2153592 Ontario Ltd o/a Elgin Construction $94,311.89+HST
Theo Vandenberk Construction Inc. $83,755.00+HST
*All Bids carry a lump sum of $5,000 contingency
The Municipal Engineer, Spriet Associates, has reviewed the bids and recommends awarding
the project to Theo Vandenberk Construction Inc.
RECOMMENDATION
1.THAT Report CAO-01/18 re RFT 17-07 Bridge No. 6 (Tunnel Line Bridge) be received
for information;
2.AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a By-law to enter into an Agreement with Theo Vandenberk Construction
Inc. in the amount of $83,755+HST for Tunnel Line Bridge works for Council
consideration.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: January 4, 2018
REPORT: CAO-02/18
SUBJECT: RATES & FEES ASSESSMENT
BACKGROUND:
On June 1, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT correspondence from Straffordville Hall Foundation regarding
Community Facility Rental Rates be received for information;
AN D THAT staff be directed to bring forward a report for Council
consideration on Straffordville Community Centre Main Hall rate reductions in
ten dollar ($10.00) increment models.
On June 15, 2017 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report CAO-40/17 re Straffordville Community Centre Rates & Fees
Assessment be received for information;
AN D THAT staff be directed to bring back a Straffordville Community Centre
Rates & Fees Assessment Report in January 2018.
The current Rates & Fees By-law was established as By-law No. 2016-059 on August 18, 2016.
The Straffordville Hall Foundation submitted correspondence to Council for consideration, at the
June 1, 2017 meeting of Council, which requested that Main Hall Rates at the Straffordville
Community Centre (SCC) be lowered from parity versus the rates set at the Vienna Community
Centre (VCC) as follows:
EXISTING VCC-SCC MAIN HALL RATES
Main Hall Fee HST Total
Mon - Thurs & Sun $275.00 $35.75 $310.75
Fri & Sat $330.00 $42.90 $372.90
PROPOSED SCC MAIN HALL RATES
Main Hall Fee HST Total
Mon - Thurs & Sun $200.00 $26.00 $226.00
Fri & Sat $240.00 $31.20 $271.20
PROPOSED VCC MAIN HALL RATES
Main Hall Fee HST Total
Mon - Thurs & Sun $275.00 $35.75 $310.75
Fri & Sat $330.00 $42.90 $372.90
DISCUSSION
The Straffordville Community Centre was utilized historically as follows:
Average Annual SCC Rentals 2012-2014
Average Annual Total Rentals 111
Average Annual Fee Waiver Events 79
For comparison the Vienna Community Centre was utilized historically as follows:
Average Annual VCC Rentals 2012-2014
Average Annual Total Rentals 86
Average Annual Fee Waiver Events 66
The Straffordville Community Centre and Vienna Community Centre have the following 2017
rental statistics:
Total
Rentals
YTD
Community
Partner
Rentals YTD
SHF
Use
Bayham
Use
Main Hall
Full Rate
Other Full
Rate
VCC 102 59 0 1 15 27
VCC $12,070 $3,490 $0 $0 $4,510 $4,070
SCC (#) 122 48 21 26 7 20
SCC ($) $7,925 $3,840 $0 $0 $1,985 $2,100
1 The Straffordville Community Centre was not rentable for the first quarter of 2017.
The cumulative Community Partner Rate ‘Fee Waiver’ is as follows:
Community Partner ‘Fee Waiver’
Vienna Community Centre $2,950.00
Straffordville Community Centre $2,600.00
Considering the variables of the 2017 first quarter of the SCC not being rentable, and historic
data, for the purpose of fee modeling staff will utilize 100 total rentals/year with 20 main hall full
rate rentals, with 10 rentals at each main hall rate for each facility.
Monday - Thursday & Sunday
Rental
Rate 10 Events Rate Reduction Over
Current Rate
$275 $2,750
$265 $2,650 $100.00
$255 $2,550 $200.00
$245 $2,450 $300.00
$235 $2,350 $400.00
$225 $2,250 $500.00
$215 $2,150 $600.00
$205 $2,050 $700.00
$195 $1,950 $800.00
Friday & Saturday
Rental
Rate 10 Events Rate Reduction Over
Current Rate
$330 $3,300
$320 $3,200 $100.00
$310 $3,100 $200.00
$300 $3,000 $300.00
$290 $2,900 $400.00
$280 $2,800 $500.00
$270 $2,700 $600.00
$260 $2,600 $700.00
$250 $2,500 $800.00
$240 $2,400 $900.00
Utilizing the above noted model, modifying the Straffordville Community Centre rate structure
would hypothetically have an annual impact of anywhere from $200 - $1,700 depending on the
decision of Council, if any.
Staff provided the following commentary regarding said proposal in Report CAO 48/16:
The Rates & Fees By-law did consider the rates submitted by the
Straffordville Community Centre Group in January 2016, however
ultimately utilized generally lesser rental values, for the fees to remain
consistent and standardized between the two municipal halls.
Considering the statistics to date and historic data, rental rates and rental numbers at both
facilities are on track to match or exceed historical figures. For additional context staff would
respectfully provide the following information:
1)During the Rates & Fees By-law discussion Council gave direction to keep both facilities
equal in terms of rates so one facility does not undercut the other facility. Both facilities
have advantages and disadvantages thus the by-law sets the rental fees as equal.
2) Council eliminated the ‘Financial Assistance Program’ and moved to the ‘Community
Partner Rate Reduction’ model to create a rate structure that attempted to transition
towards a ‘User Fee’ model for Community Centre rental.
3)The current Rates & Fees By-law establishes rates which are generally equal to or better
than surrounding comparable rentable facilities.
4)The current rate structure contemplates generating approximately $20,000 in rental
revenue between the SCC and VCC. The current model, generating roughly the same
rental numbers as historically obtained is on pace to generate the same, which is the
budgeted, rental revenue.
5)Merging the 2017 rental schedule of the SCC and the VCC reveals only 8 booking
conflicts between the two facilities. Altering rates from parity would have a real
opportunity to shift rentals to the lower rate facility.
As a result of the above information staff would respectfully recommend against altering facility
rental rates from parity.
Should Council wish to alter the Rates & Fees By-law, direction to amend By-law No. 2016-059
in the following form would be required:
AND THAT Council direct staff to bring forward a by-law for Council
consideration to amend the ‘Schedule of Rates & Fees’ – Straffordville
Community Centre of By-law No. 2016-059 as follows:
Schedule of Rates & Fees
Rental Rate Fee HST Total
Main Hall - Mon - Thurs & Sun
Main Hall - Fri & Sat
RECOMMENDATION
1.THAT Report CAO-02/18 re Rates & Fees Assessment be received for information;
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-001
A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY
WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as
amended, provides for an interim levy for 2017 on the assessment of property in the
municipality rateable for local municipal purposes, subject to certain restrictions;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable and expedient that such a levy should be made;
THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as
follows:
1. That for the year 2018, the interim tax levying amounts to be levied, raised and
collected on all real property taxable within the residential, farmland, pipeline,
multi-residential, commercial and industrial classes, and liable to pay the same
according to the last revised assessment roll, shall be fifty (50) percent (%) of the
total amount of annualised taxes for municipal and school purposes levied on the
property for the previous year, that is for the year 2017.
2. The said interim tax levying amounts shall be due and payable in two instalments
at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or
before the following dates:
FIRST INSTALMENT February 23, 2018
SECOND INSTALMENT May 25, 2018
Notice of such taxes due shall be sent by first class mail by the Tax Collector to
those persons or firms liable for the payment of taxes.
5. That a charge as a penalty of one and one -quarter per cent on the amount of any
outstanding taxes levied in 2018 shall be made on the first day of each calendar
month thereafter in which default continues, until December 31 st 2018, and any
such additional amount shall be levied and collected in the same manner as if it
had been originally imposed with and formed part of such levy.
6. That interest of one and one-quarter per cent on the amount of any taxes due
and unpaid after December 31, 2018, shall be charged on the first day of each
calendar month thereafter in which the default continues.
7. That taxes may be levied, in accordance with the provisions of this by -law on the
assessment of property that is added to the assessment roll after this by-law is
passed.
By-law 2018-001 -2-
8. That the provisions of the Municipal Act with respect to the levy of the yearly
rates and the collection of taxes apply mutatis mutandis to the levy of rates and
collection of taxes under this by-law.
9. That this by-law shall become effective as of the 1st day of January 2018.
READ A FIRST AND SECOND TIME this 4th day of January 2018.
READ A THIRD TIME AND FINALLY PASSED this 4th day of January 2018.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-002
BEING A BY-LAW TO AUTHORIZE BORROWING
FROM TIME TO TIME TO MEET CURRENT
EXPENDITURES DURING THE FISCAL YEAR ENDING
DECEMBER 31, 2018.
WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a
council by-law to authorize temporary borrowing, until taxes are collected, and until other
revenues are received, to meet the current expenditures of the municipality for the year,
AND WHEREAS the total amount which may be borrowed from all sources at any one time to
meet the current expenditures of the municipality, except with the approval of the Ontario
Municipal Board, is limited by Section 407 of the Municipal Act, 2001.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
Borrowing 1) The head of Council and the Treasurer are hereby authorized to
Authority borrow from time to time by way of promissory note or bankers’
acceptance during the year 2018 (hereinafter referred to as the
current year) such sums as may be necessary to meet, until the
taxes are collected, and until other revenues are received, the
current expenditures of the municipality and the other amounts
that are set out in section 407 of the Municipal Act, 2001.
Instruments 2) A promissory note or bankers’ acceptance made under Section 1
shall be signed by the head of Council or such other person as is
authorized by by-law to sign it and by the Treasurer.
Lenders 3) The lenders from whom amounts may be borrowed under authority
of this by-law shall be the Royal Bank of Canada and such other
lender(s) and reserve funds of the municipality as may be
determined from time to time by resolution of the Council.
Limit on 4) The total amount which may be borrowed at any one time under
Borrowing this by-law, together with the total of any similar borrowings that
have not been repaid, shall not exceed, from January 1st until
September 30th of the current year, 50 percent of the estimated
revenues of the municipality as set forth in the estimates adopted
for that year. Such borrowing shall not exceed, from October 1st
until December 31st of the current year, 25 percent of the said
estimated revenues of the municipality as set forth in the
estimates adopted for that year. For purposes of this by-law, the
estimated revenues of the municipality shall not include revenues
derivable or derived from
B/L 2018-002 -2-
(a) borrowings or issues of debentures, or
(b) a surplus, including arrears of levies, or
(c) a transfer from the capital fund, reserve funds or reserves.
Borrowing 5) The Treasurer shall, at the time when any amount is borrowed
Documents under this by-law, ensure that the lender is or has been furnished
Required with a certified copy of this by-law, a certified copy of the
resolution mentioned in Section 3 determining the lender if
applicable and a copy of the estimates of the corporation adopted
for the current year and also showing the total of any other
amounts borrowed from any and all sources under authority of
Section 407 of the Municipal Act, 2001 that have not been repaid.
When 6) If the estimates for the current year have not been adopted at the
Estimates Not time an amount is borrowed under this by-law.
Adopted
(a) the limitation on total borrowing shall be calculated for the
time being upon the estimated revenues of the municipality
as set forth in the estimates adopted for the previous year.
The 2017 estimated amount of revenues applicable to the
limitation on total borrowing is $11.1m.
Charge on 7) All or any sums borrowed under this by-law shall, with interest
Revenues thereon, be a charge upon the whole of the revenues of the
municipality for the current year and for any preceding years as
and when such revenues are received but such charge does not
defeat or affect and is subject to any prior charge then subsisting
in favour of any other lender.
Directive to 8) The Treasurer is hereby authorized and directed to apply in
Treasurer payment of all or any sums borrowed under this by-law, together
with interest thereon, all or any of the money hereafter collected or
received, either on account of or realized in respect of the taxes
levied for the current year and preceding years or from any other
source, which may lawfully be applied for such purpose.
Effective Date 9) This by-law shall come into full force and effect upon date of
passing.
Read a first, second and third time and finally passed this 4th day of January 2018.
MAYOR CLERK
RULES OF PROCEDURE
FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AS ADOPTED BY BY-LAW NO. 2018-005
TABLE OF CONTENTS – PROCEDURAL BY-LAW
MUNICIPALITY OF BAYHAM
SECTION TITLE
1 DEFINITIONS AN D INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF COUNCIL
4 MEETINGS
5 AGENDAS AN D MINUTES
6 ORDER OF PROCEEDINGS-COUNCIL
7 ORDER OF PROCEEDINGS-PUBLIC MEETING
8 DELEGATIONS
9 RULES OF DEBATE AND CONDUCT
10 MOTIONS
11 VOTING ON MOTIONS
12 CONDUCT OF AUDIENCE
13 ADMINISTRATION
BY-LAW NO. 2018-005
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;
AN D 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 ac t 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 plac e and stead of the Mayor and who shall exercise all of the rights, power s
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 “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.
1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality of
Bayham.
1.1.5 “Chair” in the case of the Council shall mean the Mayor, D eputy 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 a ppointed 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.
1.1.11 “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 power s 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.O.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.O.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 vot e 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 s uch 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 exercis e all the rights, power
and authorities of the Chair.
1.1.32 “Website” shall mean the Municipality of Bayham website address identified as
www.bayham.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 Me etings 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 COUNCI L
3.1 Duties of the Mayor
3.1.1 It shall be the duty of t he 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;
l) 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.
3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor gives
notice to the County Clerk that he will be absent, or of his absence through illness, then
the Deputy Mayor may act in his place and while so acting, has and may exercise all
the rights, powers and authority of the member of County 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 56169 Heritage Line, Straffordville,
Ontario.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a municipal
election is held, at a time determined by the Head of Council-Elect and the CAO|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 explicitly supplied in confidence to the municipality or local board
by Canada, a province or territory or a Crown agency of any of them;
i) a trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the
competitive position or interfere significantly with the contractual or other
negotiations of a person, group of persons, or organization;
j) a trade secret or scientific, technical, commercial or financial information that
belongs to the municipality or local board and has monetary value or potential
monetary value; or
k) a position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board.
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 per sons 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.
4.11.2 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:
I. 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
i. Receive for Information
ii. Requiring Action
b. Reports to Council
X. Development Services – Sustainability and Conservation
a. Correspondence
i. Receive for Information
ii. Requiring Action
b. Reports to Council
XI. Finance and Administration
a. Correspondence
i. 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:
I. Call to Order
II. Disclosures of Pecuniary Interest
III. Chairman’s Remarks on the Purpose of the Meeting
IV. Staff Presentation
V. Public Participation
VI. Correspondence
VII. Other Business
VIII. 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
XI. 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 de livered 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 t his 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 ac ting for, by, wit h 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 inc ludes a matter for which the
Member has a pecuniary interest, the Member shall dis close 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 permi ssion 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 Counc il
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 r eadings in a single motion, unless a
Member wishes to discuss the contents of a specific by-law, at which time the subject
by-law s hall 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 thir d 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 endor se 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 signe d 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
6.11.1 Any matters presented, considered, referred or tabled or any delegations not otherwise
disposed of through the consideration of an Agenda matter or previous Agenda, 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
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 n o 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 s hall 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
permi ssion 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 deliv ered 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 Counc il 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 Counc il 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 M ember 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 or 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 M ember 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 t he 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 request ed 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 poss ession of
Counc il, 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 Counc il
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
10.10 A 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.
10.12 Only 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
10.14 A 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
10.17 A 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
10.21 A 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
10.22 A 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.
10.23 A 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
10.24 A 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
10.26 A 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.
11.5 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
11.9 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.
11.10 The 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
11.11 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 2014-103, as amended shall be repealed in its entirety.
13.3 This By-law shall come into full force and effect on the 4th day of January, 2018.
READ A FIRST, SECOND and THIRD time and finally passed on the 4th day of January 2018.
____________________________ _____________________________
MAYOR CLERK
BY-LAW NUMBER 2018-006
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BEING A BY-LAW TO APPOINT BOARD AND COMMITTEE MEMBERS
WHEREAS The Corporation of the Municipality of Bayham By-Law 2018-006 governs the roles
and responsibilities of Advisory Board and Committee Members;
AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it necessary
and expedient to appoint Advisory Board and Committee Members;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Council of the Corporation of the Municipality of Bayham hereby appoints the
Municipality of Bayham – Boards and Committee Members attached hereto as
“Schedule A” and forming part of this by-law;
2. THAT By-Law 2015-086 and all amendments thereto are hereby repealed;
3. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME and finally passed this 4th day of January,
2018.
____________________________ _____________________________
MAYOR CLERK
Schedule “A” to By-Law 2018-006
Municipality of Bayham – Boards and Committee Members
Legislated/Non-Municipal Boards & Committees:
1. Committee of Adjustment
a. Appointees:
i. Council
ii. Secretary-Treasurer – Deputy Clerk/Planning Coordinator Margaret
Underhill
2. Court of Revision
a. Appointees:
i. Council
ii. Chairman - Mayor
3. Long Point Region Conservation Authority
a. Appointees (Representing Malahide & Bayham)
i. Wayne Casier
4. Elgin Area Primary Water Supply System Joint Board of Management
a. Appointees (Representing Aylmer, Malahide & Bayham)
i. Randy Breyer
ii. Tom Southwick (alternate)
5. Port Burwell Secondary Water Supply System
a. Appointees
i. Randy Breyer
ii. Tom Southwick (alternate)
6. Elgin County Land Division Committee
a. Appointees
i. Brent Stewart
7. Elgin Group Joint Police Services Board
a. Appointees (Representing Malahide & Bayham)
i. Deputy Mayor Mike Wolfe
8. Bayham Joint Cemetery Board
a. Appointees
i. One representative from each individual Cemetery Board (as appointed
by each Board)
ii. Secretary - Staff Resource – Treasurer/Tax Collector, Lorne James
Individual Cemetery Boards
b. Straffordville
i. Gerald Taylor
ii. Al Stewart
iii. Perry Grant
iv. Joe Neville
v. Dave Andrews
vi. Jim Tait
vii. Dennis Ball
Schedule “A” to By-Law 2018-006
c. Eden
i. Jim Tait
ii. Lorraine Backus
iii. Ray Maddox
d. Calton
i. Roger James
ii. Frank Sawatzky
iii. Ben Sawatzky
iv. John Reddecop
v. Lynda Millard
vi. Joanne Oostrom
e. Guysboro
i. Vera May Dickhout
ii. Bonnie Ball Coelho
iii. Dan Rayson
iv. Emery Silverthorn
v. Joseph N Dickhout
vi. Frances Martinkevicius
vii. Daphne Dickhout
f. Smuck
i. Robert Gregson
g. Dobbie
i. Mark Elliott
ii. Brad Swance
iii. Jim Tupper
h. Bayham West
i. Larry Milmine
ii. Ralph Carter
iii. Edward Carter
iv. Marlene Carter
v. John Scott
i. Best (Corinth)
ii. George Beard Jr.
9. Joint Otter Valley Utility Corridor and Recreation Trail Committee
a. Appointees (Representing Bayham & Tillsonburg)
i. Paul Ens
ii. Wayne Casier
iii. Ed Ketchabaw
10. Harbourfront Committee
a. Appointees
i. Ron Flick
ii. Earl Shea
iii. Ray Talbot
iv. Glen Underwood
Schedule “A” to By-Law 2018-006
11. Museums Bayham
a. Appointees
i. Charles Buchanan
ii. Ron Bradfield
iii. Bev Hickey
iv. Mathew Schafer
v. Albert White
vi. Ally Shelly
vii. Lynda Millard
viii. Bob Graham
ix. Jeff Robinson
12. Elgin Municipal Association
a. Appointees
i. Leann Walsh
13. Doors Open East Elgin
a. Appointees
i. Leann Walsh
ii. Paul Ens
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-007
A BY-LAW TO REPEAL BY-LAW 2016-106
BEING BY-LAW TO APPOINT MUNICIPAL
OFFICERS AND EMPLOYEES FOR THE
MUNICIPALITY OF BAYHAM
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may
appoint officers and employees as may be necessary for the purposes of the Corporation;
AND WHEREAS Subsection 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, C. 4
provides that if a fire department is established for the whole or a part of a municipality or for more
than one municipality, the council of the municipality or the councils of the municipalities, as the
case may be, shall appoint a fire chief for the fire department;
AND WHEREAS Ontario Regulation 380/04, a Regulation passed under authority of the Emergency
Management Act, R.S.O. 1999, C. E.9, provides in part that every Municipality shall designate an
employee of the municipality or a member of the council as its emergency management program co-
ordinator;
AND WHEREAS Subsection 3 (2) of the Building Code Act, S.O. 1992, c.23, as amended, provides
that the council of each municipality shall appoint a chief building official and such inspectors as are
necessary for the enforcement of the Act, in the areas in which the municipality has jurisdiction;
AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to
provide a new by-law to appoint municipal officers and employees for the purposes of the
Municipality to reflect various staff changes made, and repeal By-law 2016-106 and all amendments
thereto.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
ENACTS AS FOLLOWS:
1. THAT the following officers and / or employees be and they are hereby appointed to act in the
capacity provided in the Municipality of Bayham for the purpose of administering and where
applicable enforcing municipal by-laws and Provincial Statutes and Regulations associated with
each position and the approved job descriptions are to be fulfilled:
Office/Position Name
1. Chief Administrative Officer/Clerk/
Community Emergency Management Co-ordinator Paul Shipway
2. Planning Co-ordinator/Deputy Clerk/
Lottery Licencing Officer Margaret Underhill
3. Deputy Clerk Brenda Gibbons
4. Treasurer/Tax Collector Lorne James
5. Finance Clerk Donna Wiebe
By-law No. 2018-007 -2-
6. Finance Clerk Sandra Maertens
7. Administrative Assistant Leann Walsh
8. Chief Building Official/Drainage Superintendent/
Property Standards Officer Bill Knifton
9. Manager of Water/Wastewater Operations/ Ed Roloson
Manager of Capital Projects
10. Roads Operations Supervisor Steve Adams
11. Fire Chief/By-law Enforcement Officer/Property Standards
Officer/Provincial Offences Officer/
Community Emergency Management Co-ordinator/
Livestock Valuer Randy White
12. Bayham Fire and Emergency District Chief
Port Burwell Tom Millard
13. Bayham Fire and Emergency District Chief
Straffordville Perry Grant
2. THAT Appointment By-law 2016-106, and all amendments thereto are hereby repealed.
3. THAT this by-law shall come into force and take effect on the 31st day of December 2017.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4th day of January
2018.
______________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-008
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
THE COUNTY OF ELGIN
WHEREAS the Council of the Corporation of the Municipality of Bayham i s desirous of
entering into an agreement with the County of Elgin for the provision of maintenance of
County Roads;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between The
Corporation of the County of Elgin and The Corporation of the Municipality of Bayham,
being an agreement respecting the maintenance of County Roads;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4th DAY OF
JANUARY, 2018.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-009
A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND
MEDAVIE EMS ELGIN ONTARIO INC.
WHEREAS the Municipal Act, 2001 S.O. 2001 c25 as amended, s. 8(1) contains broad
authority to municipalities to enable municipalities to govern its affairs as it considers
appropriate;
AND WHEREAS The Corporation of the Municipality of Bayham is the registered owner of
property municipally known as 55451 Nova Scotia Line, Port Burwell, ON;
AND WHEREAS The Corporation of the Municipality of Bayham is desirous of entering into a
lease agreement with Medavie EMS Elgin Ontario Inc. for the property known 55451 Nova
Scotia Line, Port Burwell, ON.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between Medavie
EMS Elgin Ontario Inc. and The Corporation of the Municipality of Bayham;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4th DAY OF
JANUARY 2018.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018-010
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE MUNICIPALITY OF BAYHAM
AND
THEO VANDENBERK CONSTRUCTION INC.
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Theo Vandenberk Construction Inc. for repair and
maintenance of Tunnel Line Bridge;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between Theo
Vandenberk Construction Inc. and the Municipality of Bayham;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4th DAY OF
JANUARY 2018.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2018–011
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
REGULAR MEETING HELD JANUARY 4, 2018
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the
powers of a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council
are to be exercised by by-law;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of the Corporation of the Municipality of Bayham
in respect of each recommendation and each motion and resolution passed and
other action by the Council at the regular meeting held January 4, 2018 is hereby
adopted and confirmed as if all proceedings were expressly embodied in this by-
law.
2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are
hereby authorized and directed to do all things necessary to give effect to the
action of the Council including executing all documents and affixing the
Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 4th DAY
OF JANUARY, 2018.
____________________________ _____________________________
MAYOR CLERK