HomeMy WebLinkAboutBy-law No. 2018-005 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 AND INTERPRETATION
2 GENERAL PROVISIONS
3 DUTIES OF COUNCIL
4 MEETINGS
5 AGENDAS AND 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;
AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it
advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and
the calling of Meetings, and to provide for procedures and statutory requirements in accordance with
the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto;
NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows:
Section 1 — DEFINITIONS AND INTERPRETATION
1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different
meaning:
1.1.1 "Acting Head of Council"shall mean the Deputy Mayor when the Mayor is absent or
refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy
Mayor are absent or refuse to act or the offices of the Mayor and Deputy Mayor are
vacant, the member of Council who is appointed by Council to act from time to time
in the place and stead of the Mayor and who shall exercise all of the rights, powers
and authority of the Head of Council while so acting.
1.1.2 "Ad Hoc Committee" shall mean a special purpose committee of limited duration,
appointed by Council to consider a specific matter and which is dissolved
automatically upon submitting its final report to Council, unless otherwise directed
by Council.
1.1.3 "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 "CAOICIerk" shall mean the CAOICIerk of the Corporation of the Municipality of
Bayham.
1.1.5 "Chair" in the case of the Council shall mean the Mayor, Deputy Mayor or the
Member appointed to act as Chair during the absence of the Mayor and Deputy
Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member
shall exercise all of the powers and responsibilities of the Mayor under this
Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or
a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the
Member, whoever presides over a portion of the Meeting of the Statutory Public
Meeting, Public Meeting or a Court of Revision Hearing as provided for in this
Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee,
Chair means the Member appointed as such by the Committee.
1.1.6 "Clerk" shall mean the Clerk of the Municipality of Bayham and includes the Deputy
Clerk and any official of the Municipality appointed by Council to exercise the
power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk.
1.1.7 "Committee" shall mean a committee of Council and includes Standing
Committees, or sub-committees of the Standing Committees.
1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the
Council of the Municipality of Bayham to the Committee of Adjustment pursuant to
the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended.
1.1.9 "Council" shall mean the Council of the Corporation of the Municipality of Bayham.
1.1.10 "Councillor" shall mean a person elected or appointed as a Member of Council but
does not include the Mayor.
1.1.11 "Delegation" shall mean a person or group of persons desiring to verbally present
information or to make a request to Council.
1.1.12 "Deputy Mayor" shall mean the Member of Council who is elected to the position
and who, in the absence of the Mayor, shall exercise the powers and responsibilities
of the Mayor provided for in this By-law or any other by-law or statute.
1.1.13 "Holiday" shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006,
c. 21, Schedule F as amended or replaced from time to time.
1.1.14 "Local Board" shall mean a local board as defined in the Municipal Act, S.O.2001,
c.25 as amended.
1.1.15 "Mayor" shall mean the Head of Council for the Municipality.
1.1.16 "Meeting" shall mean any Regular or Special Meeting of Council, including a
Statutory Public Meeting, Public Meeting or a Court of Revision Hearing.
1.1.17 "Member" shall mean a Member of the Council of the Corporation of the
Municipality of Bayham, and includes the Mayor.
1.1.18 "Motion" shall mean a question or proposal to be considered by Council and which
is moved and seconded and is subject to debate. When a Motion is adopted, it
becomes a Resolution.
1.1.19 "Municipal Act" shall mean the Municipal Act, 2001, (S.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 vote of every
Member present when the vote is called on any matter or question during a Meeting
of Council.
1.1.29 "Resolution" shall mean a formal expression of opinion or intention by Council.
1.1.30 "Rules of Procedure" shall mean the rules and requirements contained within
this Procedural By-law.
1.1.31 "Vice Chair" shall mean such Member of a Committee who has been appointed to
act in the place and stead of the Committee Chair when such Chair is absent from a
meeting of the Committee for any cause and who shall exercise all the rights, power
and authorities of the Chair.
1.1.32 "Website" shall mean the Municipality of Bayham website address identified as_
www.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 Meetings and shall be the rules and requirements which govern
the order of their business.
2.2 Suspension of Rules and Procedures
2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this
Section may be temporarily suspended by a vote of three-quarters (3/4) of the
Members present and voting:
a) rules about a change to the order of procedure in the Agenda content;
b) rules about delegation status;
c) rules about the increase or decrease of delegation speaking time and debate
limitations.
2.3 Issue not Addressed
2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be
decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be
decided in accordance with the rules of procedure known as Robert's Rules of Order.
2.4 Video Equipment, Recording Devices and Cellular Telephones
2.4.1 The use of cameras, electric lighting equipment, television cameras and any other
device of mechanical, electronic or similar nature used for transcribing or recording
proceedings by auditory or visual means by accredited and other representatives of
any news media or members of the general public is permitted only with the approval
of Council.
2.4.2 Cameras, electric lighting equipment, television cameras and any other device of
mechanical, electronic or similar nature shall be turned off immediately if requested by
a member of the audience wishing to speak to Council.
2.4.3 All communication devices shall be switched to `silent' upon entering the location
where any Council Meeting is being held.
Section 3 - DUTIES OF COUNCIL
3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the
responsibilities of a head of council set forth in the Municipal Act, in addition to the
following responsibilities:
a) to open the Meeting of Council by taking the Chair and calling the Members to
order;
b) to announce the business before the Council in the order in which it is to be
acted upon;
c) to receive and submit, in the manner prescribed by this Procedural By-law, all
motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of
speakers;
e) to put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of the proceedings and to announce the results;
f) to decline to put to vote motions which contravene the provisions of the
Procedural By-law;
g) to enforce the provisions of the Procedural By-law;
h) to enforce on all occasions the observance of order and decorum among the
Members;
i) to call by name, any Member refusing to comply with this Procedural By-law and
to order the Member to vacate the Council Chamber, or the place of Meeting, as
the case may be;
j) to cause to be expelled and excluded any member of the public who creates a
disturbance or acts improperly during a Meeting and, if necessary, to direct the
Municipal Clerk to seek appropriate assistance from the Ontario Provincial
Police Service;
k) to authenticate, by signature, all By-laws and Meeting minutes;
I) to rule on any points of order raised by Members of Council;
m) to represent and support the decisions of Council, declaring its will and explicitly
and implicitly obeying its decisions in all things;
n) to adjourn the Meeting when the business is concluded, or if considered
necessary by the Mayor because of grave disorder, to adjourn the sitting
without putting to the vote any question, or suspend the sitting for a time to be
named.
3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory
Committees and Municipal Service Boards.
3.2 Duties of the Deputy Mayor
3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the
Municipality, or of his absence through illness, or his office is vacant, or he refuses to
act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so
acting, has and may exercise all the rights, powers and authority of the Head of Council.
3.2.2 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 CAOICIerk.
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 persons not specifically invited to the closed Meeting to vacate Council
Chambers, or such room in which the Meeting is being held, as the case may be.
4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except
where permitted by law including, without limitation, Section 239(6) of the Municipal Act,
which allows a Meeting to be closed to the public during a vote pursuant to sections
239 (2) or (3) and the vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the Municipality or persons retained by
or under a contract with the Municipality, and Council deems that it is in the best
interests of the Municipality to do so.
4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the
acquisition or disposal of land, including the sale of road allowances, shall be
conducted in open session.
4.8.7 The Motion to rise from "In Camera" shall include the time that Council arose.
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other
proceedings at a Meeting of Council when it is closed to the public.
4.8.9 Members shall ensure that confidential matters disclosed to them during closed
Meetings are kept confidential. Any breach of confidential matters disclosed during
closed Meetings shall be subject to the sanctions contained in the Council Code of
Conduct.
4.9 Quorum
4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority
of Members present and voting is necessary to carry a resolution.
4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad
Hoc Committee.
4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed for
the Meeting, the Clerk or designate shall record the names of the Members
present and the Meeting shall stand adjourned until the date of the next Regular
Meeting or other Meeting called in accordance with the provisions of this
Procedural By-law.
4.10 Education and/or Training Sessions
4.10.1 An Education and/or Training Session of Council shall not be deemed to be a
Meeting of Council and shall not be subject to the rules and regulations applicable to
Meetings contained in this By-law.
4.10.2 The Council may decide at a Meeting open to the public to convene an informal
gathering of its Members to receive and discuss information or advice of a general
nature involving subject matters of interest to the Members, at a time and place
designated at that time by the Council.
4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall
designate the general purpose or purposes for which the session is to be held.
4.10.4 An Education and/or Training Session may be held at any place designated by the
Council at the time at which it makes its decision to convene the session, whether or
not within the boundaries of the Municipality or any adjacent municipality.
4.10.5 All Members of Council are entitled to attend at the session, together with the
designated staff or consultants retained by the Municipality, but the Council, in
deciding to convene the session, may decide to exclude the public therefrom.
4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-
vote, report, recommendation or other action or decision may be proposed,
discussed, decided upon, adopted, taken or made at an Education and/or Training
Session.
4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt
with during the session and upon conclusion thereof, the notes shall be maintained
as a public record under the control of the Clerk which records shall not be subject to
section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy
Act, as amended.
4.11 Public Notice of Meeting
Regular Meetings
4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the
Municipal Website no later than the second week of the month prior to the
commencement of the monthly schedule.
4.11.2 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:
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
Receive for Information
ii. Requiring Action
b. Reports to Council
IX. Physical Services — Emergency Services
a. Correspondence
Receive for Information
ii. Requiring Action
b. Reports to Council
X. Development Services —Sustainability and Conservation
a. Correspondence
Receive for Information
ii. Requiring Action
b. Reports to Council
XI. Finance and Administration
a. Correspondence
Receive for Information
ii. Requiring Action
b. Reports to Council
XII. By-laws
XIII. Unfinished Business
XIV. Other Business
XV. By-law to Confirm the Proceedings of Council
XVI. Adjournment
5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Regular Council Meeting in question.
5.1.3 The business of Council shall be considered in the order as it appears on the
Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting.
5.2 Statutory Planning Meeting Agenda
5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following
headings for the use of the Members at a Statutory Planning Meeting:
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;
should a Member enter after the commencement of the Meeting or leave
prior to adjournment, the time shall be noted;
c) declarations of pecuniary interest;
d) the reading, if requested, correction and confirmation of the minutes prior to the
Meeting;
e) all resolutions, decisions of the Meeting without note or comment.
5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next
Regular Meeting of the subject Meeting type.
5.6.3 Where the Minutes have been delivered to the Members in advance of the Meeting,
the Minutes shall not be read, and a resolution that the minutes be approved shall be
in order.
5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the
Clerk.
5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of
Council are posted on the Municipal website and prepared in accordance with Section
5.6 of this Procedural By-law.
Section 6 - ORDER OF PROCEEDINGS - COUNCIL
6.1 Call to Order
6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting,
the Mayor shall take the Chair and call the Members present to order.
6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set
for the Meeting and a quorum is present, the Deputy Mayor shall preside over the
Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined
in this Procedural By-law until the Mayor is present at the Meeting and able to
perform his responsibility to assume the chair.
6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time
set for the Meeting and a quorum is present, the Clerk shall call the Meeting to
order, and the Members present shall appoint a Presiding Member who shall act
as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is
the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while acting for, by, with or through
another, has any pecuniary interest, direct or indirect, in any matter and is present at
a Meeting at which the matter is the subject of consideration, the Member shall:
a) prior to any consideration of the matter at the Meeting, disclose the interest
and the general nature thereof;
b) not take part in any discussion of or vote on any question with respect to the
matter; and
c) not attempt in any way before, during and after the meeting to influence the
voting on any such question.
6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting or
part of the Meeting during which the matter is under consideration.
6.2.3 Where a Member is absent from a Meeting which includes a matter for which the
Member has a pecuniary interest, the Member shall disclose this interest and
otherwise comply at the first Meeting attended by him after the particular Meeting.
6.3 Presentations/Special Events
6.3.1 At the request of a Member of Council or the Municipality's staff, any person,
organization, corporation, or appointed official may be permitted to address the
Members to inform them of matters of significance to the Municipality provided that the
request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week
preceding the Meeting.
6.3.2 Presentations shall include only the following:
a) civic recognition / awards;
b) presentations by Municipal staff or consultants retained by the Municipality;
c) presentations from senior levels of government or other municipal
governments.
6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided
that permission has been obtained for the use of such equipment from the Clerk at
the time the presenter contacts the Clerk to register for the meeting. The
presentation material must be provided to the Clerk at least by 9:00 a.m. on the
Thursday preceding the Meeting.
6.4 Announcements
6.4.1 During the announcement portion of the Meeting, Members may announce or comment
on community events and activities when recognized by the Chair.
6.5 Delegations
6.5.1 See Section 8
6.6 Minutes
6.6.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda.
6.6.2 Previous Meeting Minutes may be disposed of through a single resolution or,
alternatively, any Member may request that one or more recommendations contained
in the Minutes be separated and voted on separately.
6.7 Motions and Notices of Motion
6.7.1 A Member of Council may file a Motion to be placed on the Council Agenda with the
Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council
Meeting at which it is to be presented for consideration and dealt with.
6.7.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m.
on the Tuesday of the week preceding the Council Meeting at which it is to be
presented, of which shall be deliberated at the next Regular Meeting of Council.
6.8 Correspondence
6.8.1 All Correspondence intended to be presented to Council shall be legibly written or
printed, shall not contain any impertinent or improper matter or language, shall
identify the author(s) by name and municipal address and shall be filed with the
Clerk before it is presented to Council.
6.8.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday
at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is
delegated the authority to direct the item of Correspondence or a summary thereof
to the appropriate Agenda. The Clerk shall ensure that a summary of the content of
the correspondence is prepared and included in the Agenda and a recommendation
for disposal, being either"Receive for Information" or"Requiring Action" is assigned.
6.8.3 Notwithstanding Section 6.8.2, and at the discretion of the Clerk, Correspondence
received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an
urgent nature or directly relevant to a matter on the Agenda for the Meeting, may
be communicated to Council by way of an Addendum to the Agenda including a
summary of the content of the Correspondence item.
6.8.4 Upon presentation of a motion and prior to its approval, any item of Correspondence
may be the subject of limited discussion. Council may briefly discuss the matter and
if consensus is reached, a revised recommendation may be presented.
6.9 Reports to Council
6.9.1 The Reports to Council section of the Council Agenda shall include any report that,
due to timing, urgency, the important nature of the report and/or expediency, the
Clerk has determined should be considered by Council via an Addendum.
6.10 By-laws
6.10.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting
authority to borrow under the authority of the Municipal Act, or any by-law arising as
the result of an order or decision of any quasi-judicial body, shall be presented to
Council unless the subject matter thereof has been considered by Council and has
been approved by Council. The Clerk shall prepare and include in the Council
Agenda a summary of all By-laws, specifying the title of each By-law.
6.10.2 Every By-law, when introduced, shall be in typewritten form and shall contain no
blanks, except such as may be required to conform to accepted procedure or to
comply with the provisions of any Act, and shall be complete with the number and
date to be affixed.
6.10.3 All by-laws shall be given first and second readings in a single motion, unless a
Member wishes to discuss the contents of a specific by-law, at which time the subject
by-law shall be removed from the motion and dealt with separately.
6.10.4 When the by-laws are reported with or without amendment, they shall be forthwith
given third reading in a single motion at the same Meeting on the affirmative vote of
the majority of the Members present and voting.
6.10.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several
readings thereof.
6.10.6 Every By-law which has been enacted by Council shall be numbered and dated, and
shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of
the Municipality and, thereafter, shall be retained under the control of the Clerk.
6.11 Unfinished Business
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 no more than ten (10) minutes and be so
advised in advance of their delegations. An extension to speak may be decided,
without debate, by a majority of Council Members present. Where a delegation
consists of a group of three or more persons, the group may address the Council for no
more than fifteen (15) minutes. Where a Delegation wishes to provide Members with
written communication, including a petition, supporting the Delegation's comments, the
communication shall be provided to the Clerk and may be distributed to the Members
at the discretion of the Clerk.
8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that
permission has been obtained for the use of such equipment from the Clerk at the time
the presenter(s) contacts the Clerk's Department to register for the meeting. The
presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week
prior to the scheduled day of the Meeting.
8.1.7 No Delegation shall:
a) speak disrespectfully of any person;
b) use improper language or unparliamentary language;
c) speak on any subject other than the subject for which they have
received approval to address Council; or
d) disobey the rules of procedure or a decision of the Chair of Council.
8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their
submissions or to elicit further information from them that is relevant to their submission.
8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of
the presentation is beyond the jurisdiction of the Municipality.
8.2 Petitions
8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed
and shall not contain any impertinent or improper matter or language and shall be
signed by at least one person and filed with the Clerk.
8.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the
week prior to the Meeting before the commencement of the Meeting of Council and, if
in the opinion of the Clerk it contains any impertinent or improper matter or language,
the Clerk shall decide whether it should be included in the Agenda.
Section 9 - RULES OF DEBATE AND CONDUCT
9.1 Conduct of Members of Council
9.1.1 No Member shall:
a) speak disrespectfully of the Reigning Sovereign, or of any Member of
the Royal Family, or of the Governor-General, the Lieutenant-Governor
of any Province, of any member of the Senate, the House of
Commons of Canada or the Legislative Assembly of the Province of
Ontario;
b) use offensive words or unparliamentary language or speak
disrespectfully against Council, against any Member or against any
officer or employee of the Municipality of Bayham;
c) speak on any subject other than the subject being debated;
d) disobey the Rules of Procedure or a decision of the Chair, whoever is
in the chair for the Meeting or a portion of the Meeting, on questions of
Points of Order or procedure or upon the interpretation of the Rules of
Procedure except where the ruling of the Chair is reversed by the
Council pursuant to Section 10.23. If a Member persists in any such
disobedience after having been called to order, the Chair shall
forthwith order that Member to vacate the Council Chambers or room
in which the Meeting is being held, but if the Member apologizes, he
may, by majority vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an
individual's race, ancestry, place of origin, ethnic origin, citizenship,
creed, gender, sexual orientation, age, colour, marital status, family
status or disability; or
f) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter or
the substance of the deliberations of the closed Meeting to any person.
9.2 Address the Chair
9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as
the Chair may direct, and upon being recognized by the Chair, shall address the Chair,
only.
9.3 Order of Speaking
9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the
Member who, in the opinion of the Chair, so signified first and next recognize in order
the other Members.
9.4 Point of Privilege
9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole,
or the integrity of staff has been impugned, the Member may, on a Point of Privilege,
rise with the consent of the Chair for the purpose of drawing the attention of Council to
the matter.
9.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence
over other matters, but the Member shall not be permitted to enter into any argument or
introduce any Motion related to the Point of Privilege.
9.4.3 When the Chair considers that the integrity of the Administrator o r a Member of
Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Council.
9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair
immediately and the decision of the Chair under this section shall be final.
9.5 Point of Order
9.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the
Member shall ask leave of the Chair to raise a Point of Order and, after leave is
granted, shall succinctly state the Point of Order to the Chair and the Chair shall then
decide upon the Point of Order and advise the Member of the decision.
9.6 Appeal of Ruling of Chair
9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the
Member does not appeal immediately thereafter to Council, the decision of the Chair
shall be final.
9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal
immediately to Council, otherwise the decision of the Chair is final.
9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will
call a vote by Council, without debate on the following question: "Will the ruling be
sustained?", and the decision of Council, is final. The Chair may vote on this
question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be
sustained.
9.7 Members Speaking
9.7.1 When a Member is speaking, no other Member shall pass between the Member and
the Chair, or interrupt the Member except to raise a Point of Order.
9.8 Question Read
9.8.1 Any Member may require the question or motion under discussion to be read at any
time during the debate but not so as to interrupt a Member while speaking.
9.9 Speak Once— Reply
9.9.1 No Member shall speak more than once to the same question without leave of Council
except that a reply shall be allowed to be made only by a Member who has presented
the motion, but not by any Member who has moved an amendment or procedural
motion in response to that motion.
9.10 Time Limited
9.10.1 No Member, without leave of Council shall speak to the same question or in reply for
longer than five (5) minutes.
9.11 Questions
9.11.1 A Member may ask a question for the purposes of obtaining information relating only to
the matter under discussion and such questions must be stated concisely and asked
only through the Chair.
9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next
speaker, then immediately before speaking, such Member may ask a question
through the Chair to any Member, the Administrator Staff, concerning any matter
connected with the business of the Municipality currently under discussion but only for
the purpose of obtaining information, following which the Member may speak.
Section 10 - MOTIONS
Reading
10.1 All motions must be introduced by a mover and a seconder before the Chair may put the
question or motion on the floor for consideration. If no Member seconds the motion, the
motion shall not be on the floor for consideration and therefore it shall not be recorded in the
minutes.
10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate.
10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or
as part of a Report, it need not be read in its entirety unless requested to do so by a Member
of Council but shall be deemed as read for the purposes of introducing the Motion.
Withdrawn
10.4 After a motion is properly moved and seconded, it shall be deemed to be in possession of
Council, but may be withdrawn by the mover at any time before decision or amendment.
No debate until properly moved and seconded
10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover
is entitled to speak first if the Member so elects. If debated, the question or motion may be
read before being put.
Motion ruled out of order
10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the
Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council
which is not within its jurisdiction shall not be in order at a Meeting of Council.
Motions Without Notice and Without Leave
10.8 The following matters and motions may be introduced orally by a Member without written notice
and without leave, except as otherwise provided by this Procedural By-law, and shall be
decided without debate:
a) a point of order or privilege;
b) to adjourn;
c) to table the question without directions or instructions;
d) to suspend the Rules of Procedure;
e) to lift from the table;
f) to divide the question;
g) to refer (without instructions);
h) question be now put; and
i) to recess.
10.9 The following motions may be introduced orally by a Member without notice and without leave,
except as otherwise provided by this Procedural By-law, and may be debated:
a) to refer with direction (direction for referral only to be debatable);
b) to table with instructions (instructions for tabling only to be debatable);
c) to amend; and
d) to rescind.
Priority of Disposition
10.10A motion properly before Council for decision must be disposed of before any other motion can
be received except a motion in respect of matters listed in Sections 10.8 and 10.9.
Motion to Amend
10.11 A motion to amend:
a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion;
c) shall not be received proposing a direct negative to the question; and
d) shall be put to a vote in re verse order to the order in which the
amendments are made.
10.12Only one motion to amend an amendment to the original motion shall be allowed and any
further amendment must be to the original motion.
Question be now put
10.13 A motion that the question be now put:
a) is not debatable cannot be amended
b) cannot be proposed when there is an amending motion under
c) consideration, except for the purpose of moving that the
d) amending motion be put;
e) when resolved in the affirmative, requires that the question, motion,
amending motion or motion as amended, whichever is under
consideration be put forward immediately without debate or amendment;
f) can only be moved in the following words, "that the question be now
put"; and
g) requires an affirmative vote of two-thirds (2/3) of the Members present
and voting.
Motion to refer or defer/postpone
10.14A motion to refer or to refer back or to defer or to postpone the question may include
instructions respecting the terms upon which the question is to be referred or deferred or
postponed.
10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable
except where instructions are included, in which case, only the instructions shall be debatable.
10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended
except where instructions are included, in which case, only the instructions may be amended in
accordance with the provisions in Section 10.15.
Motion to table
10.17A motion simply to table is not debatable except where instructions are included, in which case,
only the instructions shall be debatable. Such motion cannot be amended.
10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be
deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and
Section 10.16.
10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift
from the table the tabled matter at the same or subsequent Meeting.
10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment.
Motion to divide
10.21A motion containing distinct proposals may be divided and a separate vote shall be taken upon
each proposal contained in a motion if decided upon by a majority vote of the Members present
and voting.
Motion to rescind
10.22A motion to rescind a previous action of Council requires a majority vote of the Members
present and voting provided that notice has been given at the previous Meeting or in the
Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to
rescind requires a two-thirds (2/3) vote of the Members present and voting.
10.23A motion to rescind is not in order when action has been taken on the order of Council of which
it is impossible to revise. The part of an order of Council which has not been acted upon,
however, may be rescinded.
Reconsideration
10.24A resolution, by-law or any question or matter (except one of indefinite postponement) which
has been adopted previously by Council may be reconsidered by Council subject to the
following:
a) Only a Member who voted thereon with the majority may make a Motion
to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the Members
present and voting in favour of such reconsideration before the matter is
re-opened for debate;
c) debate on a motion to reconsider must be confined to reasons for or
against the subject of the reconsideration;
d) if a motion to reconsider is decided in the affirmative, such
reconsideration shall become the next order of business, unless the
motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been voted
on; and
e) a vote to reconsider a particular matter or decision will not be considered
more than once during the term of Council.
Motion to recess
10.26A motion to recess shall provide for Council to take a short intermission within a Meeting which
shall neither end the Meeting nor destroy its continuity and after which, proceedings shall
immediately resume at the point where they were when interrupted.
10.27 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not
in order when another motion is on the floor.
Motion to Adjourn
10.28 A motion to adjourn is not debatable or amendable and shall always be in order except:
a) when another Member is in possession of the floor;
b) when a vote has been called;
c) when the Members are voting; or
d) when a Member has indicated to the Chair his desire to speak on the
matter before Council.
10.29 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the
Council to an end.
10.30 A motion to proceed beyond the hour of 11:00 p.m.:
a) shall not be amended or debated;
b) shall always be in order except when a Member is speaking or the
Members are voting; and
c) shall require the support of two-thirds (2/3) of the Members present and
voting.
Section 11 -VOTING ON MOTIONS
11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the
form introduced and shall do so if required by a Member.
11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any
other motion be made until after the vote is taken and the result has been declared.
11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless
disqualified under the Municipal Conflict of Interest Act to vote on the question.
11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from
voting, if a Member does not vote when a question is put, that Member shall be deemed to have
voted in the negative.
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.
11.10The order in which Members, present and voting, vote on Recorded Votes shall be:
a) Ward Councillors (in ascending numerical order);
b) Deputy Mayor; and
c) Mayor
11.11 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