HomeMy WebLinkAboutCLK 07-23
Pl(KERJNG
Report to
Executive Committee
Report Number: CLK 07-23
Date: June 5, 2023
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Procedure By-law Review and Updates
-File: A-1440
Recommendation:
1. That Report CLK 07-23 regarding the Procedure By-law Review and Updates be
received;
2. That the draft By-law, included as Attachment #1 to CLK 07-23, be approved and
enacted; and,
3. That the appropriate City of Pickering Officials be authorized to take such actions as are
necessary to give effect to the recommendations in this Report.
Executive Summary: This Report is provided to recommend the adoption of an updated
Procedure By-law for Pickering City Council and its Committees. The review and proposed
updates to the By-law seek to provide improved readability and clarity of meeting procedures,
clarify By-law language, add new provisions to align with current practices, increase overall
meeting efficiencies, and improve accountability and transparency.
Financial Implications: There are no financial implications associated with this Report.
Discussion: At the Executive Committee Meeting of May 1, 2023, Report CLK 06-23,
regarding the approval of an updated Procedure By-law, was presented for the Committee’s
consideration. It was the decision of the Committee to refer the Report back to the City Clerk to
provide an opportunity for Members of Council to engage with the Clerk to discuss the
proposed updates. The City Clerk was directed to report back to the June 5, 2023 Executive
Committee. This Report provides an overview of the changes originally proposed through
Report CLK 06-23, as well as a summary of some of the comments that arose during individual
conversations with Members of Council that resulted in further changes to the proposed draft
By-law. A copy of Report CLK 06-23 is included as Attachment #3 to this Report for reference.
Section 238 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), requires every municipality
and local board to pass a procedure by-law for governing the calling, place and proceedings of
meetings. Although the City’s Procedure By-law was amended several times during the prior
Term of Council, most of the amendments were to address the ability to participate
electronically during the COVID-19 pandemic as provided through amendments to the
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Subject: Procedure By-law Review and Updates Page 2
Municipal Act. Aside from these amendments, the By-law has not undergone a significant
review and rewrite since 2012.
In an effort to provide a more readable and modernized By-law that aligns with current City
practices, the By-law was reviewed in its entirety and as part of that review, municipal best
practices found in the Procedure By-laws of the Durham Region lakeshore municipalities, and
the Region of Durham were considered. Where possible, these best practices were
incorporated if they provided clarity and a more effective approach to the City of Pickering’s
meeting procedures.
The following sections provide an overview of the main areas of the By-law that are proposed
to be amended and seek to provide further clarification that may not have been originally
included in Report CLK 06-23 (Attachment #3). For ease of reference, and to highlight all of
the changes being proposed, both a clean version with all proposed changes included, as well
as a tracked changes version of the draft By-law have been included respectively as
Attachments #1 and #2 to this Report. Under Notable Changes, additional “notes” have been
included to provide a summary of some of the comments and discussions with individual
Members of Council. Any additional changes to the draft By-law arising as a result of those
recent discussions have also been included in the notes, and have been highlighted in yellow
on Attachments #1 and #2 to provide ease of reference.
Summary of Proposed By-law Amendments:
General Changes:
• Revised definitions and the addition of new definitions to provide clarity in the meaning
and use of the defined terms throughout the By-law.
• Streamlining sections to remove redundant text, headers, and condensing language
and relocating sections where possible, for ease of reading.
Notable Changes:
1. Sections 03.03 and 03.04 relating to pregnancy and parental leave for Members of
Council, have been removed in their entirety. These provisions were originally written
into the Procedure By-law to comply with amendments to the Act in 2019 that required
municipalities to adopt a policy regarding pregnancy and parental leaves for Members
of Council. It was always the intention of staff to have these provisions included in a
standalone policy which was presented and approved at the May 1, 2023 Executive
Committee and subsequently forwarded to Council for final approval on May 23, 2023.
Accordingly, the sections in the Procedure By-law pertaining to pregnancy and parental
leaves for Members of Council are redundant and no longer required in the By-law.
2. A new Section relating to the annual Executive Committee Budget Meeting to align with
current practices has been included under Section 05.03 (c). This provision is in
keeping with current practices, however this was not explicitly stated in the current By-
law and has been added to provide clarity on how the Executive Budget Meetings are
carried out.
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3. The provisions of Sections 05.05 and 05.06 have been expanded to include additional
parameters surrounding the holding of Closed Meetings and Education and Training
Sessions of Council to align with current practices.
4. The rules pertaining to attendees in the audience having the ability to record the
meeting or parts of the meetings have been relaxed under Section 07.09. Given that all
of the City’s meeting are currently livestreamed and recorded, there are no major
concerns regarding an individual recording any part of an open meeting. Additionally,
with the meetings being held in an open, public space, we do not have any policies to
prevent such activity. That said, wording has been included in the By-law that despite
an attendee being allowed to capture their own video at a public meeting of a
Committee or Council, they can only do so as long as it is not disruptive to any part of
the Meeting as determined by the Chair. The provisions to prohibit the use of signs and
placards have been retained in the By-law to ensure that all attendees are comfortable
in participating in Meetings. This language was incorporated to align with municipal best
practices as most municipalities now allow for this and have similar provisions in their
respective Procedure By-laws.
5. Under Section 07.15, the time for mandatory adjournment of a Meeting is proposed to
change from midnight to 11:00 pm with the ability for Committee or Council to pass a
motion, by majority vote, to extend to midnight. In scanning all Durham Region
municipalities, all have mandatory meeting adjournments no later than 11:00 pm, unless
there is a suspension of the meeting rules requiring a 2/3 majority vote. Moving the time
back to 11:00 pm for Pickering’s Procedure By-law, with an added ability to extend to
midnight by majority vote, is in keeping with these best practices. It should also be
noted that meetings that go beyond the hour of midnight may prohibit public
participation and can be unduly taxing on Members of Council and staff who have been
working throughout the entire day.
6. In addition to the change in the mandatory adjournment hour, additional wording has
been added to guide the process around formally adjourning a meeting at curfew to
ensure that if it is a Council Meeting, any business that was conducted prior to the
adjournment hour is ratified and confirmed by a Confirmatory By-law so that staff can
action those Council decisions made prior to the adjournment (See Section 07.15).
This situation occurred at the February 27, 2023 Council Meeting that went until 1:00
am and recessed until March 8th. In this situation, as the meeting was recessed, and no
confirmatory by-law was adopted, any decisions made on February 27th were not
technically ratified and could not be carried out until the confirming by-law was adopted
on March 8, 2023 when the Meeting resumed. To avoid this scenario in future, adopting
the confirmatory by-law at the mandatory adjournment hour will allow staff to move
forward and action any Council decisions made up to that point in the Meeting.
Note: Discussion with Members indicated that the current provisions that stipulate any
unfinished business is deferred to the next regular meeting of the Committee or Council
creates a month long gap to complete that meeting’s business and it was expressed
that this time delay was too long. Additionally, comments were made that passing a
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motion to hold the meeting on another date and time that was suitable for all Members
was difficult to achieve on the floor. It was suggested that having the meeting default to
the following Monday would be a better practice. Therefore, new wording to give this
effect has been included in Section 07.15 (d) of the attached draft By-law and it is
proposed that the unfinished business items would be completed at a Special Meeting
of the Committee or Council at 7:00 pm on the Monday immediately following the
original meeting. The agenda for the Special Meeting would contain only those items of
business that could not be finished before the mandatory adjournment hour.
7. Section 08, Delegations, has been amended to reduce the speaking time limits for
members of the public from ten minutes to five minutes, and additional parameters have
been added pertaining to having delegations appear at Standing Committees as much
as possible.
All Durham Region municipalities, with the exception of Clarington, limit the delegation
speaking limits to five minutes. Many delegates have demonstrated that a five minute
speaking limit is ample time for them to state their position on a matter, and in the spirit
of ensuring that meetings are efficient for everyone, it is proposed that Pickering also
adopt a five minute speaking limit. Provisions have been included that the delegation
speaking limit can be extended for an additional two minutes by way of a majority vote
of the Members if required.
Note: Discussion with Members indicated that it would be beneficial to have an
increased time limit for groups of delegations where more than one individual registers
to speak as a group. Section 08.01 (r), has been revised to provide up to ten (10)
minutes for more than one individual that registers to speak as a group.
Parameters have also been included to direct delegates to the Standing Committee
having charge of the matter upon which they wish to delegate. Reports presented at
Committee provide for a more informal relaxed atmosphere for delegates, and as
Committee debates and discusses the reports more robustly than what is typically done
at Council, it may aid the Committee to hear delegations as part of those deliberations
and in making their subsequent recommendations to Council. Despite directing
delegates to Standing Committees whenever possible, language has been included in
the draft By-law to allow an individual to delegate at Council should they not be able to
attend a Standing Committee Meeting for any reason, or if they have new or additional
information to share on the matter that was not originally stated at the Standing
Committee Meeting.
Additional provisions have been included under Section 08 to provide transparency to
the public on what matters they cannot delegate on which includes matters that have
been referred back to staff; are not within Council’s jurisdiction; have already been
decided; have been deferred and the individual already delegated on the matter when it
was originally presented; and, matters that are related to reports from the Integrity
Commissioner. The following provides some clarity and context as to why these new
provisions are being proposed.
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• When matters are referred back to staff they will appear again on a future
Standing Committee agenda and the delegate would be able to register to speak
to the item at that time. As noted above, as Committee is discussing and
debating the matter prior to making their recommendation to Council, it is an
ideal time to hear public comments when the report recommendation is before
the Committee as it could influence the Committee’s decision on a matter.
• Allowing delegates to speak to matters outside of Council’s jurisdiction for which
Council can take no action sets a false expectation. The delegate would be better
served by communicating their position to the body that has jurisdiction over the
matter they are looking to delegate on.
• When a matter is deferred, it is deferred in its original format to a future meeting.
As it is in its original format and there are no changes, only those who did not
speak to the matter when it was originally presented will be confirmed to
delegate. As the comments from the delegates are captured in the official
meeting minutes, there is no need to have the delegates come to relay the same
information at a future meeting to which the item has been deferred. This
provision has been included to provide meeting efficiencies in this regard.
• At the recommendation of the Integrity Commissioner, individuals should not
delegate on a report from the Integrity Commissioner as it is based on an
independent, statutory investigation, and a matter for Council’s disposition taking
into account the Integrity Commissioner’s recommendations. It is not a matter
that is intended to be open for public comment.
8. Under Section 09.01, the reasons that allow a Member of Council to participate
electronically in Committee and Council Meetings were expanded to include the ability
for Members to participate electronically for reasons pertaining to illness or medical
reasons for not only just the Member, but also for the Member’s immediate family
member. In the original draft by-law presented under Report CLK 06-23, immediate
family member had been defined to mean the Member’s parent, child, or spouse.
Note: Through discussions with Members, it was noted that the definition of a Member’s
immediate family member was too restrictive as there could be other individuals outside
those included in the definition which the Member had a primary care responsibility. It
was also raised that there could be situations where a Member could be fully engaged
to participate in a meeting, but that due to extenuating circumstances, they may be
unable to attend the meeting physically in person (e.g. attending an out of town work
commitment with no limitations to participate in an evening meeting, or having a delayed
return flight that prohibits a Member from physically making it to a meeting but still
having a means to join the meeting electronically). To that end, the definition of
“Immediate Family Member” has been removed from the draft By-law and the provisions
now allow for the Member to participate electronically should they need to provide care
for any member of their family or someone under the Member’s primary care. Additional
wording has been included to allow a Member to participate electronically for other
unforeseen circumstances with prior approval from the Clerk.
It should be noted that although some procedure by-laws do not place any restrictions
on why a Member may participate electronically, the City’s approach has always been
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that when possible, a Member should be physically present at meetings. Further, should
a Member need to participate electronically, they should be able to be fully engaged in
the meeting. If a Member is away on vacation or attending to obligations that prohibit
them from being able to fully participate at a meeting, they have the right to be absent
from a Meeting and marked as such under Roll Call.
9. Under Sections 09.07 and 09.08, language has been added to allow for members of the
public to delegate electronically by means of a video connection into the Meeting
instead of the current practice of joining via an audio only connection. This provision will
provide for a better experience for not only the delegate, but Members of Council and
the public who will now be able to see the delegate on screen.
Individuals who register to delegate electronically will be provided with a link to the
electronic meeting so that they can appear on camera. Connection in this manner is
dependent on the delegate having the appropriate technology in place to do so and
should there be any technical difficulties, it in no way negates any part of the meeting or
decisions made therein, and the delegate may submit written comments in lieu of their
delegation should any technical issues arise.
The expansion of these parameters will alleviate the need to have staff attend a meeting
for the sole purpose of calling in delegates over the phone, resulting in a decrease in
overtime costs. As the City has been using an electronic meeting platform for
approximately three years now, we are much more comfortable with the software and
the process and there are no longer concerns with sharing the electronic meeting link
with members of the public who may be delegating in this format.
10. Under Sections 11.01 and 12, the current Council Agenda item of Invocation has been
replaced with a Moment of Reflection. In 2015 the Supreme Court of Canada ruled
unanimously that the municipal council in the Quebec City of Saguenay could not open
its meetings with a prayer, and ordered the City and its Mayor to “cease the recitation of
the prayer in the chambers where the municipal council meets”. An excerpt from the
decision reads “The state’s duty of religious neutrality results from an evolving
interpretation of freedom of conscience and religion. The evolution of Canadian society
has given rise to a concept of this neutrality according to which the state must not
interfere in religion and beliefs. The state must instead remain neutral in this regard,
which means that it must neither favour nor hinder any particular belief, and the same
holds true for non-belief.”
Since that Ruling, most municipalities no longer include an invocation at their Council
meetings and many have instead opted for a Moment of Reflection so that any person
may reflect on their own personal beliefs. Some municipalities have removed it all
together and do not have either an invocation or moment of reflection.
The Clerk’s Office received two pieces of correspondence on this matter, one in July of
2020 and the other as recent as December of 2022, and both questioned why the City
continued to include the invocation at its Council Meetings despite the Supreme Court
Ruling. At that time, the Clerk’s Office responded to inform the correspondents that
when the Procedure By-law was opened for review in the new Term of Council, these
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provisions would be reviewed. As a result of the Ruling of the Supreme Court, and in
reviewing the best practices of other municipalities, it is staff’s recommendation that the
invocation be removed and replaced with a silent Moment of Reflection at Council
Meetings.
11. Section 14 provides for a new “Question Period” Council agenda item which is proposed
to occur just prior to Delegations. The Question Period will provide enhanced
transparency and offers an opportunity for members of the public, who are physically in
attendance, to ask questions of the Mayor pertaining to any item on a Council agenda.
The Mayor may answer the question or ask another Member of Council or City staff to
answer the question.
Note: Through discussions with Members, it was raised that this section of the By-law
required a few more parameters. To that end, it is recommended that the Question
Period be limited to a total of fifteen (15) minutes and that a member of the public be
allowed to ask 1 question and 1 supplemental question if required. Further provisions
include that there shall be no debate between Members on questions presented during
this portion of the meeting, and that no questions are posed to the public member
unless it is for the purpose of seeking clarification on what is being asked. Through our
research on this matter, it was discovered that the Town of Ajax, City of Mississauga,
and the City of Brampton have incorporated a Question Period into their meeting
procedures.
12. Section 15 includes a new method of circulating correspondence by way of
implementing a weekly Council Correspondence Index (CII). Currently, any pieces of
correspondence that come into the Clerk’s Office are circulated individually by email, as
they are received, to all Members of Council, the CAO, and Directors.
In an effort to provide a more effective approach to the circulation of correspondence, a
weekly Council Information Index (CII) is being proposed which will compile all
correspondence normally circulated through the Clerk’s Office in one complete PDF
package. The CII will be circulated to all Members of Council, the CAO, and Directors
every Friday afternoon by email, and will include all the correspondence received that
week and since the release of the previous CII. The CII will not include CAO
Correspondence, correspondence from the Ontario Land Tribunal (OLT), or any other
pieces of correspondence that are not normally circulated by the Clerk’s Office. Any
pieces of correspondence deemed to be of an urgent nature will continue to be
circulated as they are received in order that they may be provided to Council and staff in
a timely manner.
A Member of Council may request any item from the CII be included on an upcoming
Council agenda and in doing so shall make the request to the City Clerk with a copy to
all Members of Council, the CAO, and Directors. Requests to include correspondence
on a Council agenda are due no later than 12:00 noon on the Tuesday prior to the
agenda being published. As part of the request, the Member will also provide a
proposed recommendation that will be included with the correspondence on the Council
agenda for Council’s consideration.
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13. Language has been added under Section 16, “Committee Reports”, to clearly outline
the process should a Standing Committee not make a recommendation to Council. As
Council is the ultimate approval authority, although a recommendation may not be made
by the Executive or Planning & Development Committees, Council still has the authority
to consider the matter and dispose of it as Council deems appropriate. Although this is a
rare occurrence, the new provisions provide a clear understanding of how this situation
will be addressed should it occur.
14. Section 18, Notice of Motions (NOM), has been expanded to include that when a
Member submits the final NOM to the Clerk for inclusion on an agenda, it is copied to all
Members of Council, the CAO, and appropriate staff. This will ensure that all Members
and staff are aware of the contents of the motion prior to the publication of the agenda.
Provisions have also been included to ensure that Members consult staff on the
technical components of a motion to ensure the motion is accurate and actionable, and
that it is in keeping with City’s Strategic Plan. This collaboration between the
mover/seconder of a motion, and City staff, is particularly helpful from an efficiency
standpoint as it provides the ability for staff to offer their professional subject matter
expertise should it be required for any technical components of the motion, and to
ensure that the operatives of the motion can be actioned. It is an opportunity to foster
council-staff working relations and offers the ability for the mover/seconder to take
staff’s comments into consideration should they wish to make any adjustments to the
motion prior to it being finalized for the agenda.
The deadline to submit the final motion for an agenda has also been changed from
Wednesday, to 12:00 noon on the Tuesday prior to the meeting, to allow more time for
staff to finalize the agenda so that it is ready for publication on Thursday.
15. A new Section 20 has been included to provide for a new Council Agenda item called
“Regional Councillor Updates”. Regional Councillors will have the option to provide a
brief update to other Members, City staff and the public on matters that are before
Regional Council as needed.
Note: Through discussions with Members it was clarified that it was not an obligation to
report on Regional Council Matters and that the time for such an update would be
limited to five (5) minutes per Regional Member. To that end, the language in the draft
By-law has been changed to include these parameters as well as a provision that there
will be no debate pertaining to the updates provided by a Regional Councillor under that
section of the By-law.
16. Under Section 21, Other Business, Substantive Information Reports, language has
been expanded to include a provision of consulting with the CAO to ensure that the date
to report back on any substantive report is conducive to current staff workplans and
priorities so that a mutually agreed upon date can be included in the motion. This is
intended to ensure that staff have the appropriate time needed to thoroughly research
and offer their recommendations on a matter.
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17. Several sections of the By-law now include reference to the Supplemental Information
Package (SIP) (Sections 01 bb), 07.02, and 08.01.). Use of the SIP has been our
practice for quite some time and these provisions have been included to demonstrate
how the SIP is used and distributed.
18. A more robust overview of the language and provisions pertaining to rules of debate,
motions and precedence of motions, to align with Roberts Rules of Order, has also
been added and provides clarity and practical guidance in how those motions are
carried out. The provisions align with current procedural practices, however, they
provide a more detailed overview which was not articulated in earlier versions of the By-
law. (See Section 24).
19. A new section has been added under Section 23 to outline the order of business for
Standing Committees and included in that order is an agenda item titled “Member
Updates on Committees”. This addition is based on Council Resolution #59/23 ratified
at the January 23, 2023 Council Meeting, which pertained to a review of the City’s
Boards and Committees Policy. This agenda section will provide the ability for Members
of Council to provide monthly updates for the Board/Committee in which they are the
Council representative. Member representatives will be given the opportunity to provide
any updates pertaining to the Committee’s Workplan, mandate or any other matter
before the Committee. The provisions also outline that any recommendations arising
from a Board/Committee, shall be communicated in accordance with Policy ADM 040,
Committees and Taskforces of Council, through the designated staff liaison.
In addition to the notable changes above, the start time for Council Meetings was also
considered and staff looked into the possibility of starting Council Meetings at an earlier time.
After a thorough review, and due to some of the additional efficiencies that have been written
into the draft By-law, it is being recommended that the current 7:00 pm start time continue for
the time being. In scanning Durham Region municipalities, only the City of Oshawa and the
Region of Durham hold Council meetings at 9:30 am, Uxbridge holds two Council meetings per
month, one at 10:00 am and one at 7:00 pm. All other municipalities start at 6:00 pm or later.
As the City of Pickering frequently holds in-camera sessions prior to regular council meetings,
should Council Meetings begin at 6:00 pm for instance, the in-camera session could need to
start as early as 4:30 or 5:00 pm which would result in the Meetings carrying straight through
the dinner hour. Consideration was given to starting Council meetings earlier in the afternoon,
however, daytime Meetings are not conducive to public engagement or for Members of Council
who may be working during the day. Therefore, it is proposed to continue to hold Regular
Council Meetings at 7:00 pm and should there be a need to revisit this, an amendment to the
By-law could be brought forward in future. As noted above, the curfew time is proposed to
change to ensure Meetings end at 11:00 pm and the speaking time limits for both delegates
and Members of Council has been reduced which should help with the Meeting ending at a
more reasonable hour.
Staff also considered the use of early release reports as undertaken by the Region of Durham,
the City of Oshawa and the Municipality of Clarington, however during the review it was
discovered that the City of Pickering is one of the few municipalities that publish their Standing
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Committee agendas 10 days in advance of the Meeting. Language has been strengthened in
the proposed draft By-law to limit the number of reports going directly to Council so that reports
can be presented on Standing Committee agendas as much as possible. This will provide
adequate time for the public and Members of Council to review and digest the staff reports and
time to consult with staff prior to the meeting should Members have any questions. The
publication date of Standing Committee agendas has also been moved back to Thursdays,
resulting in the publication of Committee agendas now being 11 days in advance of the
Meeting.
Effective meeting procedures are an integral component of local democracy. They seek to
provide accountability and transparency in the decision making process of City Council and
preserve the rights of the public and Members to participate and be heard. They also ensure
that the business of the municipality can proceed expeditiously, and the public interest is
upheld.
To that end, after a thorough review of the current Procedure By-law, a review of municipal
best practices, as well as through individual discussions with Members of Council, the
Procedure By-law has been updated and seeks to facilitate effective participation by Council,
staff, and the public, streamlines and improves the overall readability of the By-law, and aligns
with current practices. The intent of these changes is to simplify meeting practices, and to help
foster an environment where the public and all Members of Council are empowered to
participate.
As this Term of Council progresses, Legislative Services will monitor these changes to ensure
they are operating as intended and will make note of further opportunities for improvement and
bring forward any recommended changes as needed.
Attachments:
1. Draft Procedure By-law (clean version with tracked changes accepted)
2. Draft Procedure By-law (with tracked changes)
3. CLK 06-23, Procedure By-law Review and Updates
Prepared By: Approved/Endorsed By:
Original Signed By: Original Signed By:
Susan Cassel
City Clerk
Paul Bigioni
Director, Corporate Services & City Solicitor
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Recommended for the consideration
of Pickering City Council
Original Signed By:
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report CLK 07-23
The Corporation of the City of Pickering
By-law XXXX/23
Being a by-law to govern the proceedings of Council, any of its
Committees, the conduct of its Members, and the calling of
meetings.
Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that
every municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings.
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as
follows:
Index
01 Definitions
Page
5
02 Application of this By-law 7
03 Duties 7
Members
Mayor or Chair
04 Disclosures of Pecuniary Interest 8
05 Types of Meetings 9
Inaugural Meeting
Regular Council Meetings
Regular Standing Committee Meetings
Special Meetings of Council or a Standing Committee
Education & Training Sessions
Closed Meetings
Statutory Public Meetings
Other Committee Meetings
Ad Hoc Committee
Upper Tier Council Meetings – Appointment of Alternate Member
06 Notification of Meetings 14
Public Notification
Emergency Notification
Cancellation/Postponement of Meetings
By-law XXXX/23 Page 2
07 Meetings 14
Place of Meetings
Information pertaining to a Committee or Council Meeting
Chairing of Meetings
Absence of Chair
Calling the Meeting to Order
Quorum
Clerk’s Attendance at Meetings
Recording of Minutes
Signs, Banners, Emblems, Flags, Cameras, and Video Recordings
Access to Council Floor
Petitions
Change in Order of Business
Consideration of Items
Staff/Consultant Delegations for Staff Reports
Adjournment Hour
08 Delegations 18
Delegations
Delegations at a Statutory Public Meeting
Delegations Requesting Action
Audio Visual Equipment for Delegations
Priority of Delegations
Conduct of the Delegation
Questions to the Delegation
09 Electronic Participation 21
10 Conduct at Meetings 23
Members of the Public
Members of Committee and Council
Actions When a Member’s Behaviour is Inappropriate
11 Order of Business for Council Meetings 24
12 Moment of Reflection and Indigenous Land Acknowledgement
Statement 24
13 Presentations 25
14 Question Period 25
By-law XXXX/23 Page 3
15 Correspondence 26
16 Committee Reports 26
17 New and Unfinished Business 27
Reports of an Urgent Nature
Introduction of a Motion
18 Notices of Motions 27
19 By-laws 28
20 Regional Councillor Updates 29
21 Other Business 29
Other Business
Notice of Motion
Substantive Information Reports
22 Confirmatory By-law 29
23 Order of Business for Standing Committee Meetings 30
Order of Business for Regular Standing Committees
Member Updates on Committees
24 Rules of Debate 30
Speaking to a Motion
Questioning the Motion
Proceedings Decided by Chair
Chair’s Decision Final Unless Appealed
Appeal of Decision of Chair
25 Points of Order 32
26 Points of Privilege 32
27 Motions 32
By-law XXXX/23 Page 4
Motions in Order of Precedence
Motion to Adjourn
Motion to Recess
Motion to Table
Motion to Call the Question
Motion to Defer
Motion to Refer
Motion to Amend
Motion to Suspend the Rules
Motion to Divide
Motion to Reconsider a Previous Decision of Council
Motion to Rescind
28 Voting 37
Requirement to Vote
Vote Not Allowed
Voting on Amendments
Determination of Votes
No Secret Voting
Decorum While Calling Vote
Disagreement with Result of Vote
Recorded Votes
Vote of the Chair
29 Contingencies 38
30 Commencement and Administration 38
By-law XXXX/23 Page 5
01 Definitions
a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended;
b) “Chair” means the presiding officer at a Meeting;
c) “CAO” means the Chief Administrative Officer of the City of Pickering;
d) “Clerk” means the City Clerk of the City of Pickering;
e) “Closed Meeting” means a Meeting which is not open to the public for
reasons allowed under Section 239 of the Act;
f) “Committee” means Standing Committees, Ad-Hoc Committees,
Advisory Committees, Local Boards, and Taskforces which may be
established by Council or as required under statute;
g) “Council” means the Council of the City of Pickering;
h) “Councillor” means the city or regional elected representative of a
Ward on the Council of the City of Pickering;
i) “Delegation” means an address to Council or a Committee by one or
more persons who are not Members of Council, City staff, consultants,
or other individuals hired by the City;
j) “Deputy Mayor” means the Member appointed to act in place of the
Mayor under Section 242 of the Act and in accordance with Policy
ADM 045;
k) “Inaugural Meeting” means the first Meeting of a new Council after a
municipal election where the declarations of office are taken;
“Immediate Family Member” means a Member’s child, parent, or
spouse;
l) “Majority” means for the purpose of voting, unless otherwise specified,
more than half of the total number of the Members present at the vote
and not prohibited from voting by statute;
m) “Mayor” means the Head of Council for the City of Pickering;
n) “Meeting” means any regular, special or other Meeting of Council, of a
Local Board or of a Committee, where a Quorum of Members is
present and the Members discuss or otherwise deal with any matter in
a way that materially advances the business or decision making of the
Council, Local Board or Committee in accordance with Section 238 of
the Act;
By-law XXXX/23 Page 6
o) “Member” means a member of the Council or Committee;
p) “Notice of Motion” means advance verbal notice, given by a Member,
advising that the motion will be brought forward at a future Meeting for
consideration;
q) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within
the meaning of the Municipal Conflict of Interest Act, RSO 1990, c
M.50, as amended;
r) “Presentation” means a presentation of a tangible item or recognition
to or from the City of Pickering;
s) “Quorum” means a Majority of the Members elected to Council or the
number of Members required for the legal conduct of the business of
Council or a Committee;
t) “Recorded Vote” means the making of a written record of the name
and the vote of each Member who votes on a matter;
u) “Regular Meeting” means a scheduled Meeting held in accordance
with the approved annual Committee & Council Meeting Schedule;
v) “Rules of Procedure” means the rules which are set forth in this By-
law;
w) “Special Meeting” means a Meeting of Council or a Committee that is
arranged outside of the normal Committee & Council Meeting
Schedule to deal with only specific item(s) of business;
x) “Standing Committee” means the Executive Committee or the Planning
& Development Committee;
y) “Statutory Public Information Meeting” means a Meeting that is
legislated under a statute and hosted by staff, a Standing Committee
or Council in order to inform members of the public about a matter.
z) “Substantive Report” means a written report, whereby staff are
required to gather data/information and perform an analysis of such
data/information in order to draw a conclusion and possible
recommendation or action based on the analysis, which is presented to
the appropriate Standing Committee or Council;
aa) “Supplemental Information Package (SIP)” means a compilation of
information pertaining to an upcoming Meeting including but not limited
to additional Delegations who registered after the publication of the
agenda, written submissions from the public, PDF or PowerPoint
presentations related to Delegations and any other information that
Members require to aid in their decision-making at a Meeting.
By-law XXXX/23 Page 7
Supplemental Information Packages shall be compiled by the Clerk
and provided by email to all Members on the business day prior to the
date in which the Meeting is held.
bb) “Two-Thirds” means two-thirds of the Members present at a Meeting
and not disqualified from voting on a matter. The calculation shall be
as follows:
five of seven Members
four of six Members
four of five Members
three of four Members
02 Application of this By-law
The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and Committee Meetings. Where a provision is not
made in this By-law, the procedure to be followed shall be determined by the
Chair in consultation with the Clerk as needed.
03 Duties
03.01 Members
Members of Committee and Council shall come prepared to every Meeting by
having read all the material supplied, including agendas, staff reports, and any
Supplemental Information. Members shall consult and make inquiries of staff
regarding the materials supplied in advance of the Meeting in order to provide
for meaningful dialogue and effective decision-making of the Committee or
Council.
03.02 The Mayor or Chair shall:
a) Open the Meetings by taking the chair and calling the Members to
order, addressing the business before the Committee or Council, and
ruling on matters of procedure.
b) Receive and submit, in the proper manner, all motions presented by
the Members.
c) Put to a vote all motions, which are moved and seconded, or
necessarily arise in the course of the proceedings, and announce the
result.
d) Restrain the Members, when engaged in debate, within the Rules of
Procedure.
e) Enforce on all occasions the observance of order and decorum by the
Members and any other persons present at the Meeting.
By-law XXXX/23 Page 8
f) Call by name, any Member persisting in the breach of the Rules of
Procedure and order them to vacate the place in which the Meeting is
being held.
g) Where it is not possible to maintain order, the Chair may, without any
motion being put, recess or adjourn the Meeting to a time to be named
by the Chair.
h) Permit questions to be asked through the Chair of any staff in order to
provide Members with information to assist any debate when the Chair
deems it proper and appropriate.
i) Ascertain that all Members who wish to speak on a motion have
spoken and that the Members are ready to vote, and shall then call the
question.
j) The Chair may speak and/or vote on any question, but if they wish to
move or second a motion, they shall first vacate the Chair by
designating an Acting Chair to act in their place, until disposition of the
item has concluded and they resume the Chair.
04 Disclosures of Pecuniary Interest
04.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict
of Interest Act, the Member shall, prior to any consideration of the matter at the
Meeting, disclose the interest and the general nature thereof. The Member
shall not take part in the discussion of, or vote on any question in respect of
the matter and shall not attempt in any way whether before, during, or after the
Meeting to influence the voting on any such question. Members shall not
request the Clerk or other Staff members to provide advice or comment on
whether a Member has a Pecuniary Interest. Advice pertaining to whether a
Member should declare a Pecuniary Interest shall be obtained by the Member
from the City’s Integrity Commissioner or the Member’s independent lawyer.
04.02 Where the Meeting is not open to the public, in addition to declaring the
conflict, the Member shall leave the Meeting, or the part of the Meeting during
which the matter is under consideration.
04.03 Notwithstanding Section 04.02, if the matter under consideration pertains to
whether to suspend the remuneration paid to the Member under Subsection
223.4(5) or (6) of the Act, the Member may take part in the discussion of the
matter, including making submissions to Council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the Meeting. However,
the Member is not permitted to vote on any question in respect of the matter.
In the case of a Meeting that is not open to the public, the Member may attend
the Meeting or part of the Meeting during which the matter is under
consideration but may not vote on the matter.
By-law XXXX/23 Page 9
04.04 Where a Member is absent from a Meeting which includes a matter on which
they have a Pecuniary Interest, the Member shall disclose the interest at the
next Meeting attended by the Member.
04.05 The Clerk shall record any declarations of interest made by a Member in the
Meeting minutes, noting the matter and the general nature of the declaration.
04.06 Any verbal declarations made under this Section shall also be submitted in
writing to the Clerk using the prescribed form and shall be made available in
the Office of the Clerk through a Disclosure of Interest Registry.
05 Types of Meetings
05.01 Inaugural Meeting
a) The Inaugural Meeting of Council shall be held no later than the
second Monday after Council takes office pursuant to the Municipal
Elections Act.
b) The order of business for the first Meeting of Council shall be as
follows:
i) Call to Order/Roll Call
ii) Moment of Reflection
iii) Indigenous Land Acknowledgment Statement
iv) Declarations of Office by Members
v) Inaugural address
vi) Adjournment
05.02 Regular Council Meetings
All Regular Meetings of the Council shall be held on the fourth Monday of each
month at the hour of 7:00 p.m. unless otherwise provided by resolution of the
Council. If a Council Meeting falls on a public or civic holiday, the Council shall
meet at the same hour on the next following day, which is not a public or civic
holiday.
05.03 Regular Standing Committee Meetings
There shall be two Standing Committees; a Planning & Development Committee
and an Executive Committee. The Standing Committees shall be organized as
follows:
a) The Planning & Development Committee and the Executive Committee
shall be comprised of all Members of Council.
b) The Executive Committee shall meet on the first Monday of each
month at 2:00 p.m., unless otherwise provided by resolution of the
Council. If an Executive Committee Meeting falls on a public or civic
By-law XXXX/23 Page 10
holiday, the Committee shall meet at the same hour on the next
following day, which is not a public or civic holiday. It shall be the duty
of the Executive Committee to study and report to Council on matters
under the jurisdiction of the Office of the CAO, the Community
Services Department, the Corporate Services Department, the
Economic Development Department, the Engineering Services
Department, the Finance Department, the Human Resources
Department, the Fire Services Department, and the Operations
Department.
c) Aside from regularly scheduled Executive Committee Meetings, an
annual Executive Committee Budget Meeting shall be included on the
annual Committee & Council Meeting Schedule. Executive Committee
Budget Meetings shall be chaired by the Mayor and a seconder shall
not be required to move motions pertaining to the Budget deliberations.
Executive Budget Meetings may be held in a meeting space other than
the Council Chambers as deemed appropriate by the Clerk.
d) The Planning & Development Committee shall meet on the first
Monday of each month at 7:00 p.m. unless otherwise provided by
resolution of the Council. If a Planning & Development Committee
Meeting falls on a public or civic holiday, the Committee shall meet at
the same hour on the next following day, which is not a public or civic
holiday. It shall be the duty of the Planning & Development Committee
to report to Council on matters under the jurisdiction of the City
Development Department.
05.04 Special Meetings of Council or a Standing Committee
a) In addition to Regular Meetings, the Mayor may at any time summon a
Special Meeting of Council or a Standing Committee by giving written
direction to the Clerk stating the date, time and purpose of the Special
Meeting.
b) Upon written receipt of a petition of the Majority of the Members of
Council, the Clerk shall call a Special Meeting for the purpose and at
the time and date noted in the petition.
c) The Clerk shall give all Members notice of a Special Meeting at least
twenty-four hours before the time appointed for such Meeting. Notice
will deem to have been given on the day that the Notice was delivered
by electronic mail to the address provided by the Member of Council to
the Clerk for delivery of notices, and in default of provision of such
address, to the Member’s City Hall office.
d) The notice to be given shall indicate the nature of the business to be
considered, as well as the date, time and place of the Special Meeting.
By-law XXXX/23 Page 11
e) No business other than that indicated in the notice shall be considered
at the Special Meeting.
f) Special Meetings of Committee or Council are not required to follow
the Order of Business described in this By-law, and the business of a
Special Meeting may be organized in a manner deemed appropriate by
the Clerk.
05.05 Education & Training Sessions
a) Education & Training Sessions are held as Special Meetings of Council
and may either by open or closed to the public.
b) An Education & Training Session may be held as a Closed Meeting in
accordance with Section 239(3.1) of the Act, provided that no Member
discusses or otherwise deals with any matter in a way that materially
advances the business or decision-making of the Council.
c) Delegations shall not be received at an Education & Training Session
as no decisions shall be made or considered.
d) The agenda for the Education & Training Session shall state the
general purpose or purposes for which the Meeting is being held.
e) Notice of the Education & Training Session shall be given in
accordance with the notice provisions of this By-law.
f) The Clerk, or their designate, shall take minutes describing in general
terms each subject matter dealt with at an Education & Training
Session.
05.06 Closed Meetings
a) All Closed Meetings of Council will be held immediately prior to the
Regular Council Meeting as an In-camera Session, or by means of a
Special Meeting of Council called by the Mayor or by a written petition of
the Majority of the Members of Council. Closed Meetings shall only deal
with the subject matter(s) that the Closed Meeting was called for.
b) All Meetings shall be open to the public except where a matter meets
one or more of the open meeting exceptions under Section 239(2),
239(3), and 239(3.1) of the Act.
c) Before holding a Meeting, or part of a Meeting that is to be closed to
the public, Council or a Committee must state by resolution, the fact of
the holding of the Closed Meeting and the general nature of the
matter(s) to be considered.
By-law XXXX/23 Page 12
d) All information, documentation, deliberations, or decisions received,
reviewed, or made at a Closed Meeting, including the detailed
agenda, are confidential and must not be released to the public or any
individual not entitled to be present at Closed Meetings.
e) The Clerk will distribute all confidential reports and material for Closed
Meetings in sealed envelopes that are marked with each Member’s
name. Confidential materials that must be emailed to Members or staff
shall be password protected and such password provided by way of a
separate means of communication.
f) No voting may take place during a Closed Meeting except if the vote is
for a procedural matter or for giving direction or instructions to officers,
employees or agents of the City, or persons retained under contract
with the City. Any votes taken in a Closed Meeting shall be by a show
of hands unless a Recorded Vote is requested by a Member in
accordance with this By-law.
g) When a Closed Meeting has occurred, the Committee or Council shall
rise to open session and the Chair shall state aloud a public report of
the general nature of the subject matter considered. Whenever
possible, any direction provided to staff shall be presented in a motion
duly moved and seconded in the open session. Where it is not
possible to report publicly on matters considered during a Closed
Meeting, the Chair shall provide a general statement of what occurred
during the Closed Meeting and where necessary, may take a vote to
approve the confidential direction provided during the Closed Meeting.
h) When a decision is made by Council to relay information to the public
regarding a Closed Meeting item, the Mayor or the Mayor’s designate,
will release the information.
i) The response of Members to inquiries about any matter dealt with by a
Committee or Council at a Closed Meeting, prior to it being reported
publicly, must be “no comment”, or words to that effect. No Member
shall release or make public any information considered at a Closed
Meeting, or discuss the contents of such Meeting with anyone other
than Members or staff who were present at the Closed Meeting.
j) In accordance with Policy ADM 070, Code of Conduct, any violations
pertaining to the disclosure of confidential information, may be
investigated by the City’s Integrity Commissioner and any findings or
recommended sanctions shall be reported to Council by the Integrity
Commissioner in accordance with the provisions of the Code of
Conduct.
k) A person may request an investigation of whether a municipality or
local board has complied with Section 239 of the Act, or the
Procedure By-law, in respect to a Closed Meeting or part of a Closed
By-law XXXX/23 Page 13
Meeting, by contacting the Ombudsman appointed under the
Ombudsman Act, if the municipality has not appointed a closed
meeting investigator.
05.07 Statutory Public Meetings
a) Statutory Public Meetings shall be held at the appropriate Standing
Committee Meeting, as required by statute, or by Council, or when
considered desirable by staff.
b) Appropriate advertising shall be undertaken as required by statute, by-
law or in accordance with City policy, to advise interested persons of
the subject matter, date and time of the Meeting where the matter will
be considered.
c) When appropriate, Statutory Public Meetings may also be held at
Special or Regular Meetings of Council.
05.08 Other Committee Meetings
All Committees of Council are required to adhere to this Procedure By-law and
the Committee’s Terms of Reference, however, in accordance with Policy ADM
040, a Committee may choose to adopt simplified Procedures, subject to the
approval of the Clerk.
05.09 Ad Hoc Committee
Council may at any time appoint a special or ad hoc Committee to enquire into
and report on any matter. Ad Hoc Committees shall be established in
accordance with Policy ADM 040, Committees and Taskforces of Council, and
shall be subject to all Meeting provisions contained in this By-law. When an Ad
Hoc Committee has completed its work and made its report to Council, the
Committee shall be deemed to be dissolved. Ad Hoc Committees shall not be
established for a term longer than one year.
05.10 Upper Tier Council Meetings – Appointment of Alternate Member
Council may appoint one of its Members as an Alternate Member of the Upper
Tier Council to act in place of any Regional Councillor when they are unable to
attend a meeting of the Upper Tier Council for any reason, subject to the
following limitations:
a) No more than one Alternate Member may be appointed during the term
of Council;
b) Notwithstanding Section 05.10 a), if the seat of the appointed Alternate
Member becomes vacant, Council may appoint another of its Members
as an Alternate Member for the remainder of the term of Council;
c) Council may not appoint an alternate for the Alternate Member; and
-
By-law XXXX/23 Page 14
d) When acting in their capacity as an Alternate Member on the Upper
Tier Council, the Alternate Member shall adhere to all policies,
procedures, practices, and codes of conduct established by the Upper
Tier Council.
06 Notification of Meetings
06.01 Public Notification
Public notification shall be deemed to have been given by the posting of the
Committee or Council agenda on the City website as follows:
a) Committee Meetings – by end of day on the Thursday, eleven (11)
days prior to the Meeting.
b) Council Meetings – by end of day on the Thursday prior to the Council
Meeting.
c) Special Meetings – at least twenty-four (24) hours preceding the
Meeting.
d) Closed Meetings – at least twenty-four (24) hours preceding the
Meeting.
06.02 Emergency Notification
Emergency Meetings may be held, without written notice, to deal with issues
that may urgently affect the health or safety of residents. The Clerk shall
attempt to notify the public of emergency Meetings as soon as practicably
possible and in the most expedient manner available.
06.03 Cancellation/Postponement of Meetings
Any Meeting may be cancelled or rescheduled to a day, time, and place, set
out in a written notice from the Clerk, sent to each Member at least twenty-four
(24) hours before the scheduled date of the Meeting.
A Meeting may be cancelled if the Clerk determines in advance that Quorum
will not be achieved, there are no agenda items, or by way of a resolution of
the Committee or Council as the case may be.
Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the
Clerk shall attempt to notify the public as soon as practicably possible and in
the most expedient manner available.
07 Meetings
07.01 Place of Meetings
All Regular Meetings of the Council and Standing Committees shall be held in
the Council Chambers at the City of Pickering Civic Complex, One The
By-law XXXX/23 Page 15
Esplanade, Pickering, Ontario, unless otherwise decided by the Mayor and the
Clerk.
07.02 Information pertaining to a Committee or Council Meeting including the Meeting
agenda, reports and any Supplemental Information Packages shall be sent to all
Members.
07.03 Chairing of Meetings
a) Every Council Meeting shall be chaired by the Mayor, if present;
b) The Chair of the Standing Committees shall be rotated each Meeting
amongst the Councillors, in alphabetical order by last name.
07.04 Absence of Chair
a) Council Meetings - If the Mayor does not attend within fifteen (15)
minutes after the hour is fixed for the holding of the Meeting of the
Council and if a Quorum is present, the Deputy Mayor shall preside
over the Meeting and have the same authority to Chair the Meeting as
the Mayor. Should the Mayor arrive at the Meeting, the Deputy Mayor
shall relinquish the Chair back to the Mayor.
b) When the Mayor and Deputy Mayor are absent from a Meeting or
refuse to act, the Council may by resolution appoint another Member to
act in the place and stead of the Mayor and Deputy Mayor, and such
Member shall have the same authority to Chair the Meeting as the
Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the
Member acting in their stead shall relinquish the Chair back to the
Mayor or Deputy Mayor as the case may be.
c) Standing Committee Meetings – If the Chair does not attend within
fifteen (15) minutes after the hour is fixed for the holding of the Meeting
of the Committee and if a Quorum is present, the Councillor who is
next in alphabetical order to Chair will assume the position of Chair.
07.05 Calling the Meeting to Order
The Chair, as soon after the hour is fixed for the holding of the Meeting, and if
a Quorum is present, shall take the Chair and call the Meeting to order and
shall ask the Clerk or their designate to conduct a roll call of the Members
present or absent from the Meeting.
07.06 Quorum
a) If a Quorum is not present within fifteen (15) minutes after the time
appointed for a Meeting of the Council or Committee, the Clerk shall
record the names of the Members present and the Meeting shall
stand adjourned until the next Meeting.
By-law XXXX/23 Page 16
07.07 Clerk’s Attendance at Meetings
The Clerk or the Clerk’s designate, shall be present at all Meetings of Council;
however, they may delegate a member of staff to act in their stead at a
Committee Meeting.
07.08 Recording of Minutes
a) The Clerk shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting, whether it be an open
or Closed Meeting;
b) The record required by the Act in respect of a Meeting, shall be made
by:
i) The Clerk, or the Clerk’s designate, in the case of a Meeting of
Council; or
ii) The appropriate City staff, in the case of a Meeting of a
Committee.
c) Except for Recorded Votes, a record or notation of a Member’s
opposition or favour on any issue will not be recorded in any Meeting
minutes.
07.09 Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings
a) Meetings may be audio or video recorded, broadcast and/or
livestreamed publicly by the City, with the exception of Closed
Meetings.
b) To ensure that all members of the public are comfortable participating
in Meetings, signs, banners, emblems, and flags, are prohibited in the
Chambers or any space where a Meeting is being held.
c) Meeting attendees may record all or portions of open Meetings
provided that in doing so, it is not disruptive to the Meeting or other
attendees.
d) Should a Meeting attendee violate these Procedures, the Chair may
ask that the individual be removed from the Meeting.
07.10 Access to Council Floor
No person except members of Council, the Clerk, and officials authorized by
the Clerk :
a) Shall be allowed on the floor of the place a Meeting is being held
while Council or a Committee is sitting;
By-law XXXX/23 Page 17
b) Material to be distributed to Council during a Meeting can only be
distributed by the Clerk or the Clerk’s designate.
07.11 Petitions
Petitions presented during a Council or Committee Meeting shall be provided
to the Clerk and the Clerk shall process the petition in accordance with the
City’s procedures pertaining to petitions.
07.12 Change in Order of Business
All business shall be taken up in the order in which it appears on the agenda
unless otherwise decided by a Majority vote of the Members present and
voting.
07.13 Consideration of Items
Council may consider any matter without referring it to a Committee or may
refer it to a Committee or to any number of Committees, and may withdraw a
matter from a Committee at any time.
07.14 Staff/Consultant Delegations for Staff Reports
Where possible, a staff report that includes a Consultant Delegation shall be
listed first under Matters for Consideration (Standing Committee Agendas) or
New and Unfinished Business (Council Agendas), so that the consultant may
leave the Meeting after their item has concluded to avoid additional costs to the
City should there be a large volume of reports on the agenda.
07.15 Adjournment Hour
a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m.
b) In the event the business before Council has not been completed at
the hour of 11:00 p.m., the Committee or Council may, by a Majority
vote of the Members present, approve an extension of the Meeting to
the hour of 12:00 a.m.
c) Motions to continue past 11:00 p.m. are not debatable.
d) At 12:00 a.m., any unfinished business shall be deferred to a Special
Meeting of the Committee or Council, to be held at 7:00 p.m. on the
Monday immediately following, unless a resolution is made to hold the
Meeting on another day and time. Only those items of outstanding
business shall be included and considered at the Special Meeting. A
resolution to hold the Meeting on another day and time requires a
Majority vote and if adopted, the Meeting cannot be scheduled sooner
By-law XXXX/23 Page 18
than 48 hours after the original Meeting in order to provide Council,
staff and interested parties an opportunity to make arrangements to
attend the rescheduled Meeting.
e) In either instance noted above, and if at a Council Meeting, a
confirmatory by-law shall be adopted before the original Meeting
adjourns in order to ratify the business that has already been
conducted. Items deferred to a Special Council Meeting agenda will be
confirmed through the Confirmatory By-law of that Meeting.
Delegations shall not be permitted for items that are deferred to a
future Meeting under this Section as they would have already had
opportunity to delegate at the original Meeting.
08 Delegations
08.01 Delegations
a) Delegations shall be directed to the appropriate Standing Committee
having charge of the matter which is the subject of the Delegation.
b) Delegations that were not able to attend a Standing Committee
Meeting, or that have already appeared at a Standing Committee
regarding a particular matter, are permitted to delegate at Council on
those matters, however, those who have already delegated at the
Standing Committee may only delegate at Council if they have
additional or new information about the matter.
c) Despite clause a) above, a Delegation may delegate directly to Council
if the matter in which they are delegating did not first appear at a
Standing Committee or if the Clerk determines that the matter is of an
urgent nature and cannot wait for the next applicable Standing
Committee Meeting.
d) All in-person Delegations, for items listed on an agenda, shall register
in writing with the Clerk by 12:00 noon on the day of the Meeting.
e) All electronic Delegations, for item listed on an agenda, shall register in
writing with the Clerk by 12:00 noon on the business day prior to the
Meeting.
f) All Delegations for items not listed on an agenda shall register ten (10)
days prior to the Meeting.
g) Delegations that have not registered in writing by the timelines noted
above shall only be heard if permitted by a Two-Thirds Majority vote of
Members present at the Meeting.
By-law XXXX/23 Page 19
h) Members of the public may submit written comments in addition to, or
in lieu of, a verbal Delegation, by noon on the business day prior to the
Meeting and such written comments shall be provided to all Members
of Council prior to the Meeting through the Supplemental Information
Package.
i) A Delegation appearing before Council or Committee for items not
listed on an agenda shall not be placed on an Agenda to discuss the
same matter within six (6) months of the last appearance by the same
delegate.
j) Delegations shall not be permitted to speak before a Committee or
Council for the sole purpose of generating publicity for an event, a
product or a service.
k) Delegations shall not be permitted to speak to matters which have
been referred to staff for a report until the matter is before a Standing
Committee or Council.
l) Delegations shall not be permitted to speak to matters which are not
within Council’s jurisdiction.
m) Delegations shall not be permitted to speak to matters which have
been decided upon by Council unless the matter is before Council for
reconsideration.
n) Delegations will not be permitted for deferred items except for those
who did not delegate on the matter when it originally appeared before
the Committee or Council prior to it being deferred.
o) Delegations shall not be permitted to speak to a report provided by the
City’s Integrity Commissioner.
p) A maximum of five (5) minutes shall be allotted for each Delegation at
a Meeting.
q) A Delegation will not be permitted to take any unused time allocated to
another Delegation.
r) Should there be more than one individual that registers to speak as a
group, the group shall be allotted up to ten (10) minutes to delegate.
s) The five (5) minute Delegation speaking limit may be extended by two
(2) additional minutes if approved by a motion duly moved and
seconded and carried by a Majority vote of the Members present.
t) Delegations are encouraged not to repeat information presented by an
earlier Delegation at the same Meeting.
By-law XXXX/23 Page 20
08.02 Delegations at a Statutory Public Information Meeting
Delegations for Statutory Public Information Meetings, who are participating
electronically, must register with the Clerk by 12:00 noon the business day
prior to the Meeting.
Delegations appearing in person for Statutory Public Meetings are encouraged
to register with the Clerk by 12:00 noon on the day of the Meeting. Delegations
will be permitted from the gallery without prior registration only during the
Statutory Public Information Meeting portion of a Meeting held under the
provisions of the required statute, but shall be heard after all Delegations,
either electronically or in-person, who have pre-registered with the Clerk by the
applicable deadlines.
08.03 Delegations Requesting Action
Delegations which appear at a Meeting and request that action be taken shall,
if required by a Majority of the Members present at the Meeting, be referred to
City staff for a report that shall be dealt with at a future Meeting. The direction
to refer such a matter to City staff shall include the Committee or Council
Meeting that the matter shall be presented at.
08.04 Audio Visual Equipment for Delegations
The City’s audio visual equipment may be used to assist in presentations by
Delegations, provided that permission has been obtained for use of such
equipment from the Clerk. All presentation materials must be delivered to the
Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation
is to appear.
08.05 Priority of Delegations
Delegations shall be listed on the agenda in the order in which the Clerk
received the requests. For Statutory Public Information Meetings, where more
than one person wishes to make a Delegation on a particular matter, the
proponent or their authorized representative, will be listed last in order to afford
the proponent the opportunity of making a Delegation after all other interested
persons have done so.
08.06 Conduct of the Delegation
a) The Chair may impose restrictions on any Delegation and any
questions to a Delegation for disorder or any other breach of this By-
law and, if the Chair rules that the Delegation is concluded, the person
or persons appearing shall end the Delegation.
b) Delegations shall not:
i) speak disrespectfully of any person;
By-law XXXX/23 Page 21
ii) use offensive words;
iii) speak on any subject other than the subject for which they
have received approval to address Committee or Council;
iv) disobey a decision of the Chair, the Committee or Council;
v) debate with other Delegations, City staff, Council Members or
the Chair.
08.07 Questions to the Delegation
a) Upon the completion of a Delegation, any discussion between
Members and the Delegation shall be limited to asking questions for
clarification and/or obtaining additional, relevant information only.
b) All questions to a Delegation from Members shall be stated
succinctly. Members shall not question a Delegation for the purpose
of expanding the scope of the Delegation’s remarks or for adding the
Member’s own statements through the Delegation. Delegations are
an opportunity for Delegates, not Members, to make their views
known. Questions from Members such as “are you aware”, “do you
agree” or “wouldn’t you say” shall not be permitted as they do not
seek clarification or additional relevant information. Members shall
not enter into debate with Delegations. Questions to the Delegation
shall be presented in a courteous and non-argumentative manner.
c) Once a motion has been moved and seconded, no further
representation from or questions of the Delegation shall be permitted.
09 Electronic Participation
09.01 A Member of Council may participate electronically in a Meeting that is either
open or closed to the public should they be unable to participate in person for
reasons pertaining to a medical condition or illness (pertains to either the
Member, the Member’s family member, or someone under the primary care of
the Member), City business, in the event of a situation or pandemic in which
physical distancing, limited gatherings or quarantine measures are required by
local, provincial or federal public health agencies, or for any other unforeseen
circumstance with prior approval from the Clerk. A Member of Council
participating electronically shall be counted in determining whether or not a
Quorum of Members is present at any point in time and shall have all the rights
of any other Member who is participating in person.
09.02 A Member of a local board, task force, an advisory or ad-hoc committee, may
participate electronically in a Meeting that is either open or closed to the public
and in doing so may be counted in determining whether or not a Quorum of
Members is present at any point in time and shall have all the rights of any
other Member who is participating in person.
09.03 The Clerk may provide for electronic participation of staff at any Meeting,
including the Clerk. The Clerk may also provide for electronic participation for
By-law XXXX/23 Page 22
consultants or anyone who has been hired by the City to provide services or
expertise on a particular matter or project. Such electronic participation is not
limited to an audio connection and consultants shall be provided with a link to
appear by video during an electronic Meeting.
09.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for
electronic participation for all Members of Council should the appropriate
meeting space containing the required technology (including the necessary
components to operate the livestreaming of the proceedings) not be available
for any reason, in order to comply with the open Meeting rules under the Act.
09.05 Electronic Meetings are those held by means of telecommunication
instruments including but not limited to telephones, video conferencing,
computers with internet access, conferencing platforms and software
programs. The means used to facilitate an electronic Meeting shall be
determined by the Clerk.
09.06 A Member must provide sufficient notice to the Clerk, their designate, or the
Staff Liaison of a Committee, of their intent to participate electronically in a
Meeting to ensure the proper technology is enabled to make electronic
participation possible. The Member must give at least 48 hours’ notice of their
intent to join the Meeting electronically unless extraordinary circumstances
apply.
09.07 A member of the public may delegate via electronic participation through the
use of a video connection into the electronic meeting platform, and the Clerk
shall arrange for such Delegations. Delegations connected through video shall
not be permitted to activate their camera or microphone unless invited by the
Chair to do so. A member of the public delegating electronically shall abide by
all of the Meeting decorum provisions of this By-law.
The Clerk may require any Delegation to participate electronically in the event
of any situation (including a pandemic) in which physical distancing, limited
gatherings or quarantine measures are required by local, Provincial or Federal
public health agencies, or for the reasons outlined in Section 09.04.
09.08 Where a member of the public requests to participate electronically, it is the
delegate’s responsibility to ensure they have the appropriate technology to
connect to the Meeting. Where technical issues arise in connecting a Delegate
into a Meeting, it shall in no way affect the validity of the Meeting or any action
taken at the Meeting. In lieu of a successful electronic connection, members of
the public may submit written comments to the Clerk which shall be distributed
to all Members of Council after the Meeting.
09.09 If the live stream stops working during a Meeting that involves electronic
participation (full or hybrid), the Meeting shall recess for fifteen (15) minutes
while the live streaming issues are resolved. If the issues cannot be resolved
during the fifteen (15) minute recess, then the Meeting will be adjourned until
the live stream is restored.
By-law XXXX/23 Page 23
09.10 Subject to these provisions for electronic participation, all other provisions of
the Procedure By-law continue to apply and the Chair shall determine and
maintain order of the Meeting as needed.
10 Conduct at Meetings
10.01 Members of the Public
The Chair will ensure that members of the public are respectful of Council,
staff, Delegations and all attendees at the Meeting by not heckling, speaking
disruptively, making comments or applauding.
All communication devices shall be set to silent during a Meeting, with the
exception of assistive listening devices or other provisions required by persons
with disabilities.
10.02 Members of Committee and Council shall:
a) act in accordance with their Declaration of Office and the provisions of
this By-law;
b) treat the Chair, other Members, staff and delegates from the public
with courtesy, respect and good faith;
c) hold in strict confidence all information concerning matters dealt with
in Closed Meetings;
d) not speak disrespectfully of the Reigning Sovereign, or of any of
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;
e) not use offensive words or unparliamentarily language in or against
Council or against any Member;
f) not speak on any subject other than the motion being debated;
g) not criticize any decision of Council except for the purpose of moving
a motion to reconsider a previous decision of Council;
h) refrain from engaging in private conversations while in a Meeting and
from using communication devices in a disruptive manner;
i) inform the Clerk of their absence prior to any Meeting in which they
will be absent.
By-law XXXX/23 Page 24
10.03 Actions When a Member’s Behaviour is Inappropriate
The Chair may Call the Member to Order and take one or more of the following
actions:
a) decide that there was no breach of the rule;
b) ask the Member in breach of the rules to stop the behaviour;
c) ask the Member to withdraw what was said; or
d) ask the Member to apologize.
10.04 If previous attempts to call the Member to order have failed, the Chair may
refrain from recognizing the Member for the balance of the Meeting, in which
case the Member shall not be permitted to speak or vote for the remainder of
the Meeting.
11 Order of Business for Council Meetings
11.01 The Order of Business for the Regular Meetings of Council shall be as follows:
a) Call to Order/Roll Call
b) Moment of Reflection
c) Indigenous Land Acknowledgment Statement
d) Disclosure of Interest
e) Adoption of Minutes
f) Presentations
g) Question Period
h) Delegations
i) Correspondence
j) Committee Reports
k) New and Unfinished Business
l) Motions and Notices of Motion
m) By-laws
n) Confidential Council – Public Report
o) Regional Councillor Updates
p) Other Business
q) Confirmatory By-law
r) Adjournment
12 Moment of Reflection and Indigenous Land Acknowledgement Statement
At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall
pause for a silent moment of reflection and after such moment has passed, shall
read out the Indigenous Land Acknowledgment Statement.
By-law XXXX/23 Page 25
13 Presentations
a) Charities, organizations or individuals wishing to address Council to
inform Members of special events or achievements, to seek Council’s
recognition of an event or achievement or to make a presentation to
Council shall request the opportunity to be granted Presentation status.
b) It shall be the duty of the Mayor to make Presentations and to accept
Presentations, on behalf of Council, at Meetings of Council. Where a
Presentation is made or accepted from an organization on which a
Member of Council has been appointed to sit, the Presentation shall be
jointly made or accepted with the appointed Member of Council.
Where appropriate, Presentations may be made or accepted jointly
with another Member or Members of Council at the discretion of the
Mayor.
c) The request for Presentation status shall be submitted to the Clerk, in
writing, no later than 14 days preceding the Meeting at which the
Presentation is to be made.
14 Question Period
a) An opportunity will be provided for any member of the public who is
physically in attendance at a Council Meeting, to ask the Mayor a
question pertaining to any matter appearing on the Council agenda.
b) All questions will be answered by the Mayor, unless in the Mayor’s
opinion the answer could be better provided by another Member of
Council or City staff.
c) The Question Period shall be limited to a total of fifteen (15) minutes
unless extended by the Mayor/Chair.
d) A member of the public shall be permitted to ask one (1) question and
one (1) supplemental question if required.
e) Questions posed by a member of the public under this Section of the By-
law shall not be countered by any questions from Members or staff
unless it is for the purpose of seeking clarification on the question being
asked.
f) Members shall not enter into debate on any questions asked during the
Question Period.
g) The dialogue that takes place during the Question Period shall not be
included in the formal Meeting minutes, and there shall be a general
statement in the minutes under the Question Period header that states
“A general question and answer period ensued”. Should a member of
By-law XXXX/23 Page 26
the public wish to understand what questions and answers were
provided, they may view the meeting video posted on the City’s website.
15 Correspondence
15.01 Correspondence received in the Clerk’s Office for distribution to Council shall
be provided through a weekly Council Information Index (CII). The Clerk shall
prepare the CII and it shall be delivered to Members of Council every Friday
afternoon by email and shall be copied to the CAO, Directors, and any other
staff as determined by the Clerk.
15.02 Members of Council may pull any item from the CII and make a request in
writing to the Clerk to place the item on the next regular Council Meeting
agenda under Correspondence. The Member must identify the
correspondence number and specific subject matter in their request to the
Clerk, and shall copy all Members of Council, the Mayor, Directors, and the
CAO on such requests. The Member shall also provide the accompanying
recommendation relating to the disposition of the correspondence and such
recommendation shall be included in the Council Meeting agenda with the item
for Council’s consideration and disposition as it deems appropriate.
15.03 Correspondence shall be presented at Council Meetings only and shall be
legibly written or printed, shall not contain any impertinent or improper matter
or language and, shall be signed by at least one person and shall be filed with
the Clerk by no later than 12:00 noon on the Tuesday before the Council
Meeting in which it will be considered.
15.04 In addition to correspondence requested by a Member of Council, from time to
time, the Clerk shall include correspondence memos from staff pertaining but
not limited to, annual work plans and updates from Committees through the
designated staff liaison, appointments of Members of Council to various
Committees in accordance with Policy ADM 045, and correspondence from
the Ombudsman or the City’s Integrity Commissioner on a Council agenda.
Any proposed recommendations relating to these pieces of correspondence
shall be at the discretion of the Clerk and will be included on the Council
agenda for Council’s consideration and disposition as it deems appropriate.
Any correspondence from the Ombudsman or Integrity Commissioner will be
provided in the weekly Council Information Index so that Members are aware
of and have opportunity to read the correspondence prior to it being printed in
a Council agenda.
16 Committee Reports
16.01 Standing Committee reports shall be forwarded to the first regular Council
Meeting following the Meeting of the Standing Committee and shall be listed
under the Committee Reports section of the agenda.
By-law XXXX/23 Page 27
16.02 Any Reports referred back to staff at a Standing Committee shall be included
in the Committee Report with a notation that the matter was referred back to
staff at the Committee Meeting. The matter will come before Council in a
subsequent Committee Report on a future Council Agenda once the matter
has returned to the appropriate Standing Committee Meeting.
16.03 Should a Standing Committee not provide a recommendation on a matter, or
defeat a staff recommendation, the Clerk shall include the item on the Council
agenda as part of the Committee Report and shall include a notation that
states “No Committee Recommendation - Council Direction Required”. The
original staff recommendation shall be listed for reference purposes only to aid
Council in their deliberations on the matter. Council may discuss, debate,
adopt, amend or defeat the original staff recommendations as it deems
appropriate. This does not apply to recommendations that have been referred
back to staff by the Committee as those matters will be presented at a future
Standing Committee Meeting.
17 New and Unfinished Business
17.01 Reports of an Urgent Nature
Departmental reports which are deemed by the CAO to be of an urgent nature,
due to timing or public importance, and which cannot be presented through the
regular Standing Committee cycle, may be listed under the New and
Unfinished Business section of a Council agenda for Council’s consideration.
Whenever possible, staff reports shall be presented to the appropriate
Standing Committee rather than going directly to Council to provide as much
notice to the public and Council as possible.
17.02 Introduction of a Motion
a) If a motion by a Member of Council cannot be presented through the
Notice of Motion process outlined in this By-law, a Member may,
with the consent of Two-Thirds of the Members present, introduce a
motion under New and Unfinished Business if the motion is of an
urgent nature. Introduction of a motion without prior notice shall only
be used in exceptional circumstances as it does not provide for
public notice of the matter being presented and considered.
b) A Member desiring to introduce a Motion must do so in writing to the
Clerk in advance of the Meeting when possible.
18 Notices of Motions
18.01 A Notice of Motion is required for motions that are initiated by a Member of
Council looking to introduce a new matter.
By-law XXXX/23 Page 28
18.02 A Member desiring to give notice of a motion must do so verbally at any
Meeting, at least ten (10) days prior to the Meeting at which the motion will be
presented. Introduction of a notice of motion must be done under “Other
Business”.
18.03 In order to be listed in the applicable Council agenda, a copy of the motion
being considered by Council, must be forwarded to the Clerk, signed by the
mover and seconder, no later than 12:00 p.m. on the Tuesday prior to the
Council Meeting at which the motion will be considered. In providing the
motion to the Clerk, the Member shall copy the Mayor, all other Members of
Council, the CAO, and Directors, for their information and awareness that the
motion will be forthcoming.
18.04 The Clerk, upon receipt of a motion described in this Section, shall print the
motion in full in the agenda for the Council Meeting at which the matter will be
considered.
18.05 A motion printed in the agenda need not be read unless requested by a
Member and shall be deemed to be in possession of the Council when stated
by the Chair at the appropriate time during the Meeting.
18.06 A Notice of Motion that has been introduced but does not appear on a Council
agenda within two regular Council Meetings shall not be included on any
Council agenda, unless otherwise directed by Council. Should the Member
wish to bring the matter forward again, notice of the motion at a future Meeting
will be required in accordance with the provisions of this By-law.
18.07 In drafting a motion, Members of Council shall consult with the CAO and/or
appropriate City staff, to ensure that any technical information contained in the
motion is accurate and actionable and that it aligns with the City’s Strategic
Plan.
18.08 Despite being consulted on the technical information contained in a motion,
staff do not have to agree with the merits of the motion being presented by a
Member of Council.
19 By-laws
19.01 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of a particular by-law or by-laws, in which case the
subject by-law(s) shall be removed from the motion and dealt with separately.
19.02 Every by-law, when introduced, shall be complete except for the by-law
number and shall contain no blanks except such as may be required to
conform to accepted procedure or to comply with the provisions of any statute.
19.03 Every by-law which has been approved by Council shall be numbered, dated,
sealed with the seal of the Corporation, signed by the Mayor and the Clerk and
By-law XXXX/23 Page 29
retained by the Clerk as a permanent City record in accordance with the City’s
Records Retention By-law.
20 Regional Councillor Updates
20.01 A Regional Councillor may give a verbal update pertaining to matters
before the Council of the Regional Municipality of Durham to inform other
Members, City staff or the public.
20.02 Updates under this Section of the By-law shall be limited to five (5)
minutes per Regional Council Member.
20.03 Members shall not enter into debate on matters presented under this
section of the By-law and shall not ask questions of the Regional
Councillor unless it is to seek clarification on the information being
provided.
21 Other Business
21.01 Other Business
At any Meeting under Other Business, Members may congratulate, report on
events and promote upcoming events of public importance or interest
however, such comments shall not be included in the official Meeting minutes.
21.02 Notice of Motion
A Member who wishes to give notice of a motion shall do so under “Other
Business”.
21.03 Substantive Information Reports
A Member may move a motion requesting a substantive report from staff and
such motion shall require a seconder and the approval of a Majority of the
Members present at a Meeting. Such requests shall identify the appropriate
Department and/or Director, the objective(s) of the report, and the Standing
Committee or Council Meeting the report is to be presented at. Any Member
moving a motion for a Substantive Report shall consult with the CAO to ensure
that the timelines for reporting back are consistent with existing staff workplans
and priorities.
22 Confirmatory By-law
At the conclusion of all Regular and Special Meetings of Council, and prior to
adjournment, a By-law shall be brought forward to confirm the proceedings of the
Council in respect of all motions, resolutions and other actions taken at the
Meeting. A Confirmatory By-law, when introduced, shall be taken as having been
read and shall be voted on without debate.
By-law XXXX/23 Page 30
23 Order of Business for Standing Committee Meetings
23.01 The Order of Business for Regular Standing Committees shall be as follows:
a) Call to Order/Roll Call
b) Disclosure of Interest
c) Delegations
d) Matters for Consideration
e) Member Updates on Committees
f) Other Business
g) Adjournment
The provisions noted in the preceding section describing the order of business on
a Council Agenda shall also apply to the same sections at Standing Committee
Meetings. The following provides an explanation of the additional section
contained on Standing Committee agendas.
23.02 Member Updates on Committees
Members may provide updates as the Council representative for a Committee of
Council. Such updates shall be limited to a verbal update, and may provide
information on the Committee’s Workplan, ongoing mandate, or any other matter
that is before the Committee. Any recommendations of the Committee must be
presented in accordance with Policy ADM 040, Committees and Taskforces of
Council, and through the applicable staff liaison for the Committee and shall not
be presented during a Member’s update on a Committee.
24 Rules of Debate
24.01 No Member shall be deemed to have precedence or seniority over any other Member.
24.02 When a Member is speaking, no other Member shall interrupt that Member except to
raise a point of order or privilege.
24.03 During debate, and while the Chair is speaking, or when the Council is
engaged in voting, no Member is permitted to disturb the Council by
whispering, or walking across the floor, or in any other way except to raise a
point of order or privilege.
24.04 Any Member may require a motion under discussion to be read at any time
during the debate but not so as to interrupt a Member who is speaking. Despite
this provision, if a motion is printed in an agenda, there shall not be a
requirement for the motion to be read aloud.
By-law XXXX/23 Page 31
24.05 Before speaking to a matter or motion, a Member shall raise their hand and be
recognized by the Chair prior to speaking to any matter and shall speak through the
Chair.
24.06 When two or more Members wish to speak, the Chair shall recognize the Member who,
in the opinion of the Chair, first signified their intention to speak.
24.07 After the Chair has called the vote on a motion, no Member shall speak to the
motion, nor shall any other motion be presented until, after the result of the vote
has been declared.
24.08 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
Committee or Council unless it is for purposes of requesting a higher level of
government to take a specific action or make changes to policy or legislation.
24.09 Speaking to a Motion
A maximum of five (5) minutes shall be allotted to each Member wishing to
speak to present their position on the motion. No Member shall speak more
than once to the same motion except:
a) with leave of the Chair, for not more than five (5) additional minutes,
in explanation of a material part of their speech which may have been
interpreted incorrectly;
b) with leave of the Chair, for not more than five (5) additional minutes,
after all other Members so desiring have spoken; or
c) in reply, as may be allowed with leave of the Chair, by the Member
who presented the motion, in which case the Member shall speak for
no longer than a five (5) minute period.
24.10 Questioning the Motion
a) A Member may ask a question during the course of debate only for
the purpose of obtaining information relating to the motion under
discussion and such question must be stated concisely and asked
only through the Chair.
b) Notwithstanding the above, when a Member has been recognized as
the next speaker, such Member may immediately before speaking
ask a question through the Chair on the motion under discussion, but
only for the purpose of obtaining information, following which the
Member shall speak.
24.11 Proceedings Decided by Chair
By-law XXXX/23 Page 32
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal of the Chair’s decision by a Member of the Committee or
Council.
24.12 Chair’s Decision Final Unless Appealed
Unless a Member immediately appeals to the Council the Chair’s decision, the
decision of the Chair shall be final.
24.13 Appeal of Decision of Chair
A Member may appeal any decision of the Chair. The appeal must occur
immediately after the Chair states the decision. If the Member appeals the
Chair’s decision, it shall be done by a duly moved and seconded motion, and
Council shall decide the question without debate and the decision shall be
final. The motion before Council would be “Do you support the Chair’s ruling,
“Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is
entitled to vote on the question.
25 Points of Order
25.01 A Member may at any time, raise a point of order to call attention to a violation
of the Rules of Procedure and the Member must state the point of order to the
Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of
order immediately without debate and advise the Members of the decision.
25.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
26 Points of Privilege
26.01 Where a Member considers that the health, safety, rights and/or the integrity of
anyone present at the Meeting has been impugned, they may at any time,
raise a point of privilege.
26.02 A point of privilege shall take precedent over other matters, but the Members
shall not be permitted to enter into any argument or debate. The Mayor/Chair
shall decide on the point of privilege immediately and advise the Members of
the decision.
26.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
26.04 Where the integrity of the staff or the CAO has been impugned, the
Mayor/Chair may permit the CAO to make a statement to the Committee or
Council.
27 Motions
By-law XXXX/23 Page 33
27.01 Except as otherwise provided in this By-law, all motions must be duly moved and
seconded before the motion can be put on the floor for consideration and before the
Mayor/Chair can call the question. All motions, including amendments, shall be in
writing to ensure that all Members and the public are fully aware of the motion being
voted on.
27.02 Direction to staff will be by motion except where the Chair, in consultation with senior
City staff at the Meeting determines that a motion is not necessary.
27.03 Once a motion is in the possession of the Committee or Council, the mover
may withdraw the motion at any time prior to it being amended or decided and
such withdrawal may be made without consent of the seconder.
27.04 Motions in Order of Precedence
The following motions are in order of precedence and can only be made if no
motion of higher precedence is on the floor. Motions are listed in order from
the bottom to the top. All motions listed below require a Majority vote of the
Members present to be carried unless otherwise stated:
a) Motion to Adjourn
b) Motion to Recess
c) Motion to Table
d) Motion to Call the Question (requires 2/3 Majority)
e) Motion to Defer
f) Motion to Refer
g) Motion to Amend
h) Motion to Suspend of the Rules (requires 2/3 Majority)
i) Motion to Divide
j) Main Motion
27.05 Motion to Adjourn
a) Is not debatable or amendable;
b) Is always in order except:
i. when a Member is speaking or during the taking of a vote;
ii. immediately following the affirmative resolution of a motion
that a vote on the matter now be taken; and,
iii. when a Member has already indicated to the Chair that they
wish to speak on the matter.
c) If carried, requires that the Meeting end immediately, regardless of
the stage of proceedings;
d) If not carried, a motion to adjourn shall not be made again until
further proceedings have been conducted by the Committee or
Council;
By-law XXXX/23 Page 34
e) If the motion is to adjourn to a specific time, and if carried, it
suspends the Meeting to continue at such specific time stated.
27.06 Motion to Recess
a) A motion to recess is not debatable, shall specify the length of the recess,
and may only be amended with respect to the length of the recess;
b) Despite the aforementioned, the Chair may also call a recess for no more
than 15 minutes without requiring a motion.
27.07 Motion to Table
a) A motion to table temporarily sets aside a pending motion (or a series of
pending motions) to consider another matter deemed more urgent;
b) Is not debatable or amendable and shall not include additional
instructions;
c) The matter tabled shall not be considered again until a motion has been
made to lift the matter from the table;
d) If a motion is not taken from the table by the next Regular Meeting of
the Committee or Council, the motion dies;
e) A Member shall not be allowed to speak to a motion and immediately
move a tabling motion;
f) A motion to table is not in order to intentionally kill a motion.
27.08 Motion to Call the Question
a) A Member may request the Chair call the question by presenting a motion
that the question “now be put to a vote”;
b) Shall require a 2/3 Majority vote of the Members present;
c) A motion to call the question is not debatable or amendable and cannot be
proposed when there is an amending motion under consideration except
for the purpose of moving that the amending motion be put to a vote.
27.09 Motion to Defer
a) A motion to defer a matter to a different time must include time, place,
and the purpose of the deferral, and shall be in order after a motion is
read or stated by the Chair;
b) Is debatable and amendable however debate and any amendment shall
be confined to the time and place to which the matter shall be deferred;
By-law XXXX/23 Page 35
c) The deferred matter will return in the same format as originally
presented, to the time and place stated in the motion to defer.
27.10 Motion to Refer
a) A motion to refer a matter to a Committee, Council or City staff must include the
body to which it is being referred, the purpose of the referral, and the time in which
it shall be returned (if applicable);
b) A motion to refer a matter is debatable and amendable however debate and any
amendment shall be limited to the time and place of the referral;
c) A motion to refer shall be disposed of by the Committee or Council before the
original motion or any other motion pertaining to the original motion and if carried,
requires that consideration of the motion cease and the Meeting proceed to the
next item of business.
27.11 Motion to Amend
a) shall be presented in writing whenever possible;
b) shall be relevant to the main motion;
c) shall not be in order if it proposes a direct negative to the main motion;
d) shall be disposed of before the main motion;
e) Is debatable and amendable;
f) a motion to amend an amending motion shall be disposed of before the
motion to amend the original main motion;
g) only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original main motion.
27.12 Motion to Suspend the Rules
a) Any procedure required by this By-law may be suspended by a Two-
Thirds Majority vote of the Members present unless otherwise provided
for in any Act;
b) Shall not be used to suspend the rules pertaining to Quorum or the
provisions for open Meetings;
c) A motion to suspend the rules is not debatable or amendable and shall
not include additional instructions;
d) If a motion to suspend the rules is adopted, the Chair shall observe and
enforce the Rules of Procedure as altered by the resolution.
27.13 Motion to Divide
By-law XXXX/23 Page 36
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. A motion to divide is not
debatable or amendable and shall not include any additional instructions. For
clarity, a motion to divide shall be handled as follows:
a) A main motion is duly moved and seconded;
b) A mover and seconder move for a “motion to divide” the main motion into
separate items so that they may be voted on individually;
c) The Chair calls the vote on the motion to divide, which is not debatable;
d) If the motion to divide carries, the Chair will call the vote on the divided
items separately and then on the balance of the main motion as
applicable.
27.14 Motion to Reconsider a Previous Decision of Council
a) A Member who voted on the prevailing side of a main motion may move
for reconsideration of a decision of Council provided that no action has
been taken on any part of the matter that cannot be undone;
b) A reconsideration motion requires a Two-Thirds Majority vote of the
Members present and no discussion of the original motion shall be
allowed until the motion for reconsideration has carried;
c) Reconsideration may be done at the same Meeting in which the matter
was decided, and if the motion to reconsider carries, the
reconsideration of the original resolution shall become the next order of
business;
d) If not done at the same Meeting in which the matter was decided, a
Member may give notice of a motion for reconsideration of the matter at
a subsequent Meeting. Such notice shall be given in accordance with
Section 18 of this By-law. The resolution being reconsidered will be
placed on the next Regular Council agenda under New and Unfinished
Business. The previously adopted resolution of Council remains in force
unless and until Council adopts a new resolution;
e) A motion to reconsider is debatable only to the extent of the rationale
for reconsidering the matter, and no debate of the matter itself shall be
allowed unless the motion to reconsider carries;
f) No matter shall be reconsidered more than once within 12 months;
g) A notice of a written decision of the Ontario Land Tribunal (OLT) with
regard to an appeal that requires Council to make a new decision, shall
By-law XXXX/23 Page 37
not be deemed a reconsideration of a Council decision in accordance
with the provisions of this By-law.
27.15 Motion to Rescind
a) A motion to rescind a previous resolution of Council may be moved by
any Member provided that no action has been taken on the matter that
cannot be undone. Notice of a motion to rescind a previous decision of
Council shall be given in accordance with Section 18 of this By-law;
b) A motion to rescind is debatable only to the extent of the rationale for
rescinding the decision of Council;
c) A motion to rescind a previous decision requires a Two-Thirds vote of
the Members present and if the motion to rescind the prior decision
carries, the resolution previously adopted by Council is immediately of
no further force or effect;
d) If it is possible to use a motion to reconsider, the motion to rescind shall
not be in order.
28 Voting
28.01 Requirement to Vote
All Members present and seated must vote. If a Member is present and does
not vote they are deemed to have voted in the negative, except where the
Member is disqualified from voting.
28.02 Vote Not Allowed
A Member not in their seat when the question is called by the Chair is not
entitled to vote on that question.
28.03 Voting on Amendments
Amendments are voted upon before the main motion and if there are
numerous amendments, the Chair may place them in the most logical,
practical and expeditious order for consideration.
28.04 Determination of Votes
The manner of determining the decision of Committee or Council on a motion
shall be by the prominent show of hands.
28.05 No Secret Voting
No vote may be taken by ballot or any other method of secret voting.
By-law XXXX/23 Page 38
28.06 Decorum While Calling Vote
When the Chair calls for the vote on a motion, each Member shall occupy their
seat, and shall remain in their seat, until the result of the vote has been
declared by the Chair, and during such time no Member shall cross the floor or
speak to any other Member or make any noise or disturbance.
28.07 Disagreement with Result of Vote
If a Member disagrees with the announcement of the Chair that a motion is
carried or defeated, the Member may, but only immediately after the
declaration by the Chair, object to the declaration and a Recorded Vote shall
be taken.
28.08 Recorded Votes
Where a vote of Committee or Council is taken for any purpose, a Member
may request, immediately prior or immediately subsequent to the taking of the
vote, that the vote be recorded. Each Member present, beginning with the
requester of the Recorded Vote, and continuing alphabetically from that
Member onward, except a Member who is disqualified from voting by reason
of interest or otherwise, shall announce their vote openly and the Clerk shall
record each vote. The Mayor shall be called upon to vote following all other
Members.
28.09 Vote of the Chair
The Chair, except when disqualified to vote by reason of interest or otherwise,
may vote with the other Members on all questions.
29 Contingencies
In all contingencies not provided for in this By-law, the question shall be decided
by the Chair and in making such a ruling, the decision shall be based on Robert’s
Rules of Order.
30 Commencement and Administration
30.01 This by-law shall be administered by the Clerk.
30.02 The Clerk shall be authorized to make minor corrections to any By-law, Motion,
Resolution, minutes or other Council document to eliminate technical or
typographical errors.
30.03 By-law 7926/22 is hereby repealed.
30.04 The short title of this by-law is the “Procedure By-law”.
By-law XXXX/23 Page 39
By-law passed this 26th day of June, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
Attachment #2 to Report CLK 07-23
The Corporation of the City of Pickering
By-law XXXX/23
Being a by-law to govern the proceedings of Council, any of its
Committees, the conduct of its Members, and the calling of
meetings.
Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that
every municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings.
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as
follows:
Index
01 Definitions
Page
5
02 Application of this By-law 7
03 Duties 7
Members
Mayor or Chair
04 Disclosures of Pecuniary Interest 9
05 Types of Meetings 10
Inaugural Meeting
Regular Council Meetings
Regular Standing Committee Meetings
Special Meetings of Council or a Standing Committee
Education & Training Sessions
Closed Meetings
Statutory Public Meetings
Other Committee Meetings
Ad Hoc Committee
Upper Tier Council Meetings – Appointment of Alternate Member
06 Notification of Meetings 17
Public Notification
Emergency Notification
Cancellation/Postponement of Meetings
By-law XXXX/23 Page 2
07 Meetings 18
Place of Meetings
Information pertaining to a Committee or Council Meeting
Chairing of Meetings
Absence of Chair
Calling the Meeting to Order
Quorum
Clerk’s Attendance at Meetings
Recording of Minutes
Signs, Banners, Emblems, Flags, Cameras, and Video Recordings
Access to Council Floor
Petitions
Change in Order of Business
Consideration of Items
Staff/Consultant Delegations for Staff Reports
Adjournment Hour
08 Delegations 22
Delegations
Delegations at a Statutory Public Meeting
Delegations Requesting Action
Audio Visual Equipment for Delegations
Priority of Delegations
Conduct of the Delegation
Questions to the Delegation
09 Electronic Participation 26
10 Conduct at Meetings 27
Members of the Public
Members of Committee and Council
Actions When a Member’s Behaviour is Inappropriate
11 Order of Business for Council Meetings 29
12 Moment of Reflection and Indigenous Land Acknowledgement
Statement 29
13 Presentations 29
14 Question Period 30
By-law XXXX/23 Page 3
15 Correspondence 30
16 Committee Reports 31
17 New and Unfinished Business 3231
Reports of an Urgent Nature
Introduction of a Motion
18 Notices of Motions 32
19 By-laws 33
20 Regional Councillor Updates 33
21 Other Business 3433
Other Business
Notice of Motion
Substantive Information Reports
22 Confirmatory By-law 34
23 Order of Business for Standing Committee Meetings 3534
Order of Business for Regular Standing Committees
Member Updates on Committees
24 Rules of Debate 35
Speaking to a Motion
Questioning the Motion
Proceedings Decided by Chair
Chair’s Decision Final Unless Appealed
Appeal of Decision of Chair
25 Points of Order 37
26 Points of Privilege 37
27 Motions 3837
By-law XXXX/23 Page 4
Motions in Order of Precedence
Motion to Adjourn
Motion to Recess
Motion to Table
Motion to Call the Question
Motion to Defer
Motion to Refer
Motion to Amend
Motion to Suspend the Rules
Motion to Divide
Motion to Reconsider a Previous Decision of Council
Motion to Rescind
28 Voting 4443
Requirement to Vote
Vote Not Allowed
Voting on Amendments
Determination of Votes
No Secret Voting
Decorum While Calling Vote
Disagreement with Result of Vote
Recorded Votes
Vote of the Chair
29 Contingencies 45
30 Commencement and Administration 4645
-- -
By-law XXXX/23 Page 5
01 Definitions
a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended;
b) “Chair” means the person elected or chosen to preside over a Council,
Standing Committee or other typepresiding officer at a of Meeting;
c) “CAOhief Administrative Officer” means the Chief Administrative
Officer of the City of Pickering;
d) “Clerk” means the City Clerk of the City of Pickering;
e) “Closed Meeting” means a Meeting which is not open tofor the public
for reasons allowed under Section 239 of the Act attendance;
f)“Committee” means Standing Committees, Ad-Hoc Committees, and
Advisory Committees, Local Boards, and Taskforces which may be
appointed established by Council or as required under statutefrom time
to time;
g) “Council” means the Council of the City of Pickering;
h) “Councillor” means the city or regional elected representative of a
Ward on the Council of the City of Pickering;
i) “Delegation” means an address to Council or a Committee by one or
more persons who are not Members of Council, City staff,
orconsultants, or other individuals hired by the City;
j) “Deputy Mayor” means the mMember of Council appointed to act in
place of the Mayor under sSection 242 of the Act and in accordance
with Policy ADM 045;
k) “Inaugural Meeting” means the first Meeting of a new Council after a
municipal election where the declarations of office are madetaken;
“Immediate Family Member” means a Member’s child, parent, or
spouse;
l) “Majority” means greater than 50% for the purpose of voting, unless
otherwise specified, more than half of the total number of the Members
present at the vote and not prohibited from voting by statute;
m) “Mayor” means the Head of Council for the City of Pickering;
n) “Meeting” means any regular, special or other Meeting of Council, of a
Local Board or of a Committee, where a Quorum of Members is
present and the Members discuss or otherwise deal with any matter in
a way that materially advances the business or decision making of the
By-law XXXX/23 Page 6
Council, Local Board or Committee in accordance with Section 238 of
the Act;
o) “Member” means a member of the Council or Committee;
p) “Notice of Motion” means advance verbal notice, given by a Member,
to Members oadvising that the motion f a matter on which Council will
be brought forward at a future Meeting for considerationasked to take a
position;
q) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within
the meaning of the Municipal Conflict of Interest Act, RSO 1990, c
M.50, as amended;
r) “Presentation” means a ceremonial presentation of a tangible item or
recognition to or from the City of Pickering;
s) “Public Consultation Meeting” means a Meeting hosted by staff,
committee or Council in order to receive input from the public regarding
a specific matter;
s) “Quorum” means a Majority of the Members elected to Council or the
number of Members required for the legal conduct of the business of
Council or a Committee;
t) “Recorded Vote” means the making of a written record of the name
and the vote of each Member who votes on a questionmatter;
u) “Regular Meeting” means a scheduled Meeting held in accordance
with the approved annual Committee & Council calendar/schedule of
Meetings Schedule;
v) “Rules of Procedure” means the rules which are set forth in this bBy-
law;
w) “Special Meeting” means a Meeting of Council or a Committee that is
arranged outside of the normal Committee & Council
calendar/schedule of Meetings Schedule to deal with only specific
item(s) of business;
x) “Standing Committees” means the Executive Committee or the
Planning & Development Committee; and,
y) “Statutory Public Information Meeting” means a Meeting that is
legislated under a statute n Act and hosted by staff, a Standing
Committee or Council in order to inform the members of the public
about a matter.
By-law XXXX/23 Page 7
z) “Substantive Report” means a written report, whereby staff are
required to gather data/information and perform an analysis of such
data/information in order to draw a conclusion and possible
recommendation or action based on the analysis, which is presented to
the appropriate Standing Committee or Council;
aa) “Supplemental Information Package (SIP)” means a compilation of
information pertaining to an upcoming Meeting including but not limited
to additional Delegations who registered after the publication of the
agenda, written submissions from the public, PDF or PowerPoint
presentations related to Delegations and any other information that
Members require to aid in their decision-making at a Meeting.
Supplemental Information Packages shall be compiled by the Clerk
and provided by email to all Members on the business day prior to the
date in which the Meeting is held.
bb) “Two-Thirds” means two-thirds of the Members present at a Meeting
and not disqualified from voting on a matter. The calculation shall be
as follows:
five of seven Members
four of six Members
four of five Members
three of four Members
02 Application of this By-law
The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and shall be the rules of order of business in Council
and Committee Meetings. Where In the case for which a provision is not
made in this By-law, the procedure to be followed shall be determined by the
Chair in consultation with the Clerk as neededa majority vote of the Members
present and voting.
03 Duties
03.01 CouncilMembers
Members of Committee and Council shall come prepared to every Meeting by
having read all the material supplied, including agendas, and sstaff reports,
and any Supplemental Information, to facilitate discussion and the
determination of action at the Meeting. Whenever possible, the Member(s)
shall consult and make inquiries of staff regarding the materials supplied in
advance of the Meeting in order to provide for meaningful dialogue and
effective decision-making of the Committee or Council.
03.02 The Mayor or Chair shall:
By-law XXXX/23 Page 8
a) Open the Meetings by taking the chair and calling the Members to
order, addressing the business before the Committee or Council, and
ruling on matters of procedure.
Announce the business before Council or the Committee and the order
in which it is to be acted upon.
b) Receive and submit, in the proper manner, all motions presented by
the Members.
c) Put to a vote all motions, which are moved and seconded, or
necessarily arise in the course of the proceedings, and announce the
result.
d) Enforce the Rules of Procedure and rule upon all procedural matters.
e)d)Restrain the Members, when engaged in debate, within the Rules of
Procedure.
f)e) Enforce on all occasions the observance of order and decorum by the
Members and any other persons present in at the ChamberMeeting.
g)f)Call by name, any Member persisting in the breach of the Rules of
Procedure and to order them to vacate the placeChamber in which the
Meeting is being held.
h)g)Where it is not possible to maintain order, the Chair may, without any
motion being put, recess or adjourn the Meeting to a time to be named
by the Chair.
i)h)Permit questions to be asked through the Chair of any staff in order to
provide Members with information to assist any debate when the Chair
deems it proper and appropriate.
j) Rule on any points of order or points of privilege without debate or
comment.
k) Rule whether a motion or proposed amendment is in order.
l)i)Ascertain that all Members who wish to speak on a motion have
spoken and that the Members are ready to vote, and shall then call the
question.
m) The Chair may speak and/or vote on any question, but if they wish to
make move or second a motion, they shall first leave vacate the Chair
by designating an Acting Chair to act in their place, until disposition of
the item has concluded and they resume the Chair.
n)
By-law XXXX/23 Page 9
o) Call for a motion to adjourn the Meeting when the business is
concluded.
p)j)
03.03 In accordance with Section 259(1) of the Act, the office of a Member becomes
vacant if the Member is absent from the Meetings of Council for three
successive months without being authorized to do so by a resolution of
Council. This section does not apply to a Member who is absent for 20
consecutive weeks or less if the absence is a result of the Member’s
pregnancy, the birth of the Member’s child or the adoption of a child by the
Member.
03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk
in writing and will continue to be compensated under the Council
Compensation Policy for the duration of their leave up to 20 consecutive
weeks.
04 Disclosures of Pecuniary Interest Rules
0456.01 Where a Member has a Pecuniary Interest as defined in the Municipal
Conflict of Interest Act, the Member shall, prior to any consideration of the
matter at the Meeting, disclose the interest and the general nature thereof.
The Member shall not take part in the discussion of, or vote on any question in
respect of the matter and shall not attempt in any way whether before, during,
or after the Meeting to influence the voting on any such question. Members
shall not request the Clerk or other Staff members to provide advice or
comment on whether a Member has a Pecuniary Interest. Advice pertaining to
whether a Member should declare a Pecuniary Interest shall be obtained by
the Member from the City’s Integrity Commissioner or the Member’s
independent lawyer.
0456.02 Where the Meeting is not open to the public, in addition to declaring the
conflict, the Member shall leave the Meeting, or the part of the Meeting during
which the matter is under consideration.
0456.03 Notwithstanding Section 046.02, if the matter under consideration pertains to
whether to suspend the remuneration paid to the Member under Subsection
223.4(5) or (6) of the Act, the Member may take part in the discussion of the
matter, including making submissions to Council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the Meeting. However,
the Member is not permitted to vote on any question in respect of the matter.
In the case of a Meeting that is not open to the public, the Member may attend
the Meeting or part of the Meeting during which thise matter is under
consideration but may not vote on the matter.
0456.04 Where a mMember is absent from a Meeting which includes a matter on which
they have a Pecuniary Interest, the Member shall disclose the interest at the
next Meeting attended by the Member.
By-law XXXX/23 Page 10
0456.05 The Clerk shall record any declarations of interest made by a Member in the
Meeting minutes, noting the matter and the general nature of the declaration.
0456.06 Any verbal declarations made under this Section 06.01 of this By-law shall
also be submitted in writing to the Clerk using the prescribed form and shall be
made available in the oOffice of the City ClerkClerk through a Disclosure of
Interest Registry.
05 Types of Meetings of Council
045.01 Inaugural Meeting
a) The Inaugural Meeting of Council shall be held no later than the
second on the first Monday after Council takes office pursuant to the
Municipal Elections Act.
b) The order of business for the first Meeting of Council shall be as
follows:
i) Call to Order/Roll Call
ii) InvocationMoment of Reflection
iii) Indigenous Land Acknowledgment Statement
iv) Swearing in ceremonyDeclarations of Office by Members
v) Inaugural address
vi) Adjournment
045.02 Regular Council Meetings
All Regular Meetings of the Council shall be held on the fourth Monday of each
month at the hour of 7:00 p.m. unless otherwise provided by resolution of the
Council. If a Council Meeting falls on a public or civic holiday, the Council shall
meet at the same hour on the next following day, which is not a public or civic
holiday, unless otherwise provided by resolution of the Council.
045.03 Regular Standing Committee Meetings
There shall be two Standing Committees; a Planning & Development Committee
and an Executive Committee. The Standing Committees shall be, to be
considered as Standing Committees of Council for the purposes of this By-law,
to be organized as follows:
a) The Planning & Development Committee and the Executive Committee
shall be comprised of all Members of Council.
b) The Executive Committee shall meet on the first Monday of each
month at 2:00 p.m. in the Council Chambers, unless otherwise
provided by resolution of the Council. If an Executive Committee
Meeting falls on a public or civic holiday, the Committee shall meet at
By-law XXXX/23 Page 11
the same hour on the next following day, which is not a public or civic
holiday. It shall be the duty of the Executive Committee to study and
report to Council on matters under the jurisdiction of the Office of the
CAO, the Community Services Department, the Corporate Services
Department, the Economic Development Department, the Engineering
Services Department, the Finance Department, the Human Resources
Department, the Fire Services Department, and the Operations
Department.
b)c) Aside from regularly scheduled Executive Committee Meetings, an
annual Executive Committee Budget Meeting shall be included on the
annual Committee & Council Meeting Schedule. Executive Committee
Budget Meetings shall be chaired by the Mayor and a seconder shall
not be required to move motions pertaining to the Budget deliberations.
Executive Budget Meetings may be held in a meeting space other than
the Council Chambers as deemed appropriate by the Clerk.
c)d)The Planning & Development Committee shall meet on the first
Monday of each month at 7:00 p.m. in the Council Chambers, unless
otherwise provided by resolution of the Council. If a Planning &
Development Committee Meeting falls on a public or civic holiday, the
Committee shall meet at the same hour on the next following day,
which is not a public or civic holiday. It shall be the duty of the Planning
& Development Committee to study and report to Council on matters
under the jurisdiction of the City Development Department.
045.04 Special Meetings of Council or a Standing Committee
a) In addition to Regular Meetings, the Mayor may at any time summon a
Special Meeting of Council or a Standing Committee by giving written
direction to the Clerk stating the date, time and purpose of the Special
Meeting.
b) Upon written receipt of a petition of the Majority of the Members of
Council, the Clerk shall call a Special Meeting for the purpose and at
the time and date mentioned noted in the petition.
c) The Clerk shall give all Members notice of a Special Meeting at least
twenty-four hours before the time appointed for such Meeting. Notice
will deem to have been given on the day that the Notice was delivered
by electronic mail to the address provided by the Member of Council to
the Clerk for delivery of Nnotices, and in default of provision of such
address, to the Member’s City Hall office.
d) The notice to be given shall indicate the nature of the business to be
considered, as well as the Special Meeting, date, time and place of the
Special Meeting.
-----
By-law XXXX/23 Page 12
e) No business other than that indicated in the notice shall be considered
at the Special Meeting.
e)f) Special Meetings of Committee or Council are not required to follow
the Order of Business described in this By-law, and the business of a
Special Meeting may be organized in a manner deemed appropriate by
the Clerk.
045.05121 Education & Training Sessions
a) Education & Training Sessions are held as Special Meetings of Council
and may either by open or closed to the public.
b) The An Education & Training Session may be held as a Closed
Meeting in accordance with Section 239(3.1) of the Act, provided that
no Member discusses or otherwise deals with any matter in a way that
materially advances the business or decision-making of the Council.
c) Delegations shall not be received at an Education & Training Session
as no decisions shall be made or considered.
c)d) The agenda for the Education & Training Session shall stateCouncil, in
deciding to convene an Education & Training Session, shall designate
the general purpose or purposes for which the session Meeting is to
being held as permissible under Section 239 of the Municipal Act,
2001..
d)e)Notice of the Education & Training Session shall be given in
accordance with Section 07the notice provisions of this By-law.
e) At the Meeting, no member shall discuss or otherwise deal with any
matter in a way that materially advances the business or decision-
making of the Council.
f) The Clerk, or their designate, shall take notes minutes describing in
general terms each subject matter dealt with at an Education &
Training Session.
045.0645 Closed Meetings
a) All Closed Meetings of Council closed to the public will be held
immediately prior to the Rregular start time, unless otherwise provided by
resolution of CouncilCouncil Meeting as an In-camera Session, or by
means of a Special Meeting of Council called by the Mayor or by a written
petition of the Majority of the Members of Council. Closed Meetings shall
, and will only deal with the subject matter(s) that the Closed Meeting was
called forCouncil is authorized to deal with in a closed session.
b)05.01 a) All Meetings shall be open to the General
By-law XXXX/23 Page 13
public except where a matter meets one or more of the open meeting
exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. A
Meeting or part of a Meeting may be closed to 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 or
local board employees;
c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
f) advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
g) a matter in respect of which council, board, committee or other body
may hold a closed meeting under another Act;
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.
c) Before holding a Meeting, or part of a Meeting that is to be closed to
the public, Council or a Committee must state by resolution, the fact of
the holding of the Closed Meeting and the general nature of the
matter(s) to be considered.
------
By-law XXXX/23 Page 14
05.03d) Public Information on Closed Meeting Business
Before holding a Closed Meeting or part of a Meeting that is to be closed to
the public, Council or a Committee must state the fact of the holding
of the closed Meeting, and the general nature of the matter to be
considered at the closed Meeting and, if the Closed Meeting is an
educational or training session the fact that it is closed pursuant to
section 239(3.1) of the Act.
All information, documentation, deliberations, or decisions received,
reviewed, or made at a Closed Meeting, including the detailed
agenda, are confidential and must not be released to the public or any
individual not entitled to be present at Closed MeetingsIf a Member of
Council wishes to introduce new business at a Closed Meeting, it
must be introduced in open session after roll call while Council is still
in the Chambers. Two-thirds of Council must determine, by vote,
whether the matter will be dealt with in closed session that evening.
No debate on the issue will take place until the motion to deal with the
new business has been decided.
05.03 Information - Confidential
All information, documentation or deliberations received, reviewed, or taken
in a Closed Meeting, including the detailed agenda, is confidential and
must not be released to the public or any individual not entitled to be
present at Closed Meetings.
05.04e) Distribution of Confidential Material
The Clerk must will distribute all confidential reports and material for Closed
Meetings in sealed envelopes that are marked with each Member’s
name. Confidential materials that must be emailed to Members or
staff shall be password protected and such password provided by way
of a separate means of communication.
05.05f) Limits on Voting Actions at Closed Meeting
No voting may take place during a Closed Meeting except if the vote is for a
procedural matter or for giving direction or instructions to officers,
employees or agents of the City, or persons retained by or under
contract with the City. Any votes taken in a Closed Meeting shall be
by a show of hands unless a Recorded Vote is requested by a
Member in accordance with this By-law.
05.06g) When a Closed Meeting has occurred, the Committee or Council
shall rise to open session and the Chair shall state aloud a public
report of the general nature of the subject matter considered.
Whenever possible, any direction provided to staff shall be presented
By-law XXXX/23 Page 15
in a motion duly moved and seconded in the open session. Where it is
not possible to report publicly on matters considered during a Closed
Meeting, the Chair shall provide a general statement of what occurred
during the Closed Meeting and where necessary, may take a vote to
approve the confidential direction provided during the Closed
MeetingFinal Decision on Item from Closed Meeting
Subject to the provisions of Section 239 of the Act, a Closed Meeting
agenda item that requires a final decision must be implemented by
Council resolution or By-law at a future public Meeting of Council.
05.07h) Authority to Speak on Closed Meeting Matters
When a decision is made by Council to relay information to the public
regarding a Closed Meeting item, the Mayor or the Mayor’s delegate
designate, will release the information.
05.08 Confidential Report
When a Closed Meeting of Council has been held, a public report of the
general nature of the subject matter discussed during the closed
portion of the Meeting, shall be read aloud by the Chair when Council
rises to the public portion of the Meeting.
05.098i) Enquiries regarding Closed Meetings
The response of Members to inquiries about any matter dealt with by a
Committee or Council or a Committee at a Closed Meeting, prior to it
being reported publicly, must be “no comment”, or words to that effect.
No Member is allowed toshall release or make public any information
considered at a Closed Meeting, or discuss the contents of such a
Meeting with anyone other than Members or staff who were present at
the Closed Meeting.
05.09j) In accordance with Policy ADM 070, Code of Conduct, any
violations pertaining to the disclosure of confidential information, may
be investigated by the City’s Integrity Commissioner and any findings
or recommended sanctions shall be reported to Council by the
Integrity Commissioner in accordance with the provisions of the Code
of Conduct.
05.10 Contraventions
a) Any Member who contravenes section 05.07 or section 05.09 is guilty
of an offence and upon conviction may be liable to a fine or penalty as
provided for in the Provincial Offences Act.
b) A decision to prosecute a Member under this section may only be
made after Council has met to consider the matter, at which time the
By-law XXXX/23 Page 16
Member proposed to be prosecuted may be present and has the
option of attending with legal counsel. The said Member has the
option of requesting that the Meeting be held in public or that it be
closed to the public.
c) No prosecution for a contravention of section 05.07 or section 05.09
may be commenced except on the direction of Council, expressed in
a resolution of Council.
05.110k) Complaints about the Appropriateness of a Closed Meeting
A person may request that an investigation of whether a municipality or local
board has complied with Section 239 of the Act, or thea pProcedure
bBy-law, in respect to a Closed Meeting or part of a Closed Meeting,
by contacting the Ombudsman appointed under the Ombudsman Act,
if the municipality has not appointed a closed meeting investigator.
045.076 Statutory Public Information Meetings
a) Statutory Public Meetings shall be held at the appropriate Standing
Committee Meetings, as required by applicable legislationstatute, or by
Council, or when considered desirable by staff.
b) Appropriate advertising shall be undertaken as required by applicable
legislationstatute, by-law or in accordingance withto City policy, to
advise interested persons of the subject matter, date and time of the
Meeting where the matter will be considered.
b)c) When appropriate, Statutory Public Meetings may also be held at
Special or Regular Meetings of Council.
045.078 Advisory Other Committee Meetings
All Advisory Committees of Council are required to adhere to this Procedure
By-law and the Committee’s general tTerms of rReference for all advisory
committees, however, in accordance with Policy ADM 040, a Committee may
choose to adopt simplified Procedures, subject to the approval of the Clerk. and
at the first Meeting following a general municipal election, are required to adopt
and approve the specific terms of reference for the committee and forward to
Council for approval by no later than March following a municipal election
All advisory committees are required to present a yearly work plan and annual report on
the status of the work plan to Council; and
Members of Council that serve on Advisory Committees may move, second
and vote on items.
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By-law XXXX/23 Page 17
045.098 Special or Ad Hoc Committee
Council may at any time appoint a special or ad hoc Committee to enquire into
and report on any matter. Ad Hoc Committees shall be established in
accordance with Policy ADM 040, Committees and Taskforces of Council, and
shall be subject to all Meeting provisions contained in this By-law. When an
Special or Ad Hoc Committee has completed its work and made its report to
Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees
shall not be established for a term longer than one year.
045.109 Upper Tier Council Meetings – Appointment of Alternate Member to Upper Tier
Council
Council may appoint one of its Members as an Alternate Member of the Upper
Tier Council to act in place of any Regional Councillor when they are unable to
attend a meeting of the Upper Tier Council for any reason, subject to the
following limitations:
a) No more than one Alternate Member may be appointed during the term
of Council;
b) Notwithstanding Section 054.1009 (a), if the seat of the appointed
Alternate Member becomes vacant, Council may appoint another of its
Members as an Alternate Member for the remainder of the term of
Council;
c) Council may not appoint an alternate for the Alternate Member; and
d) When acting in their capacity as an Alternate Member on the Upper
Tier Council, the Alternate Member shall adhere to all policies,
procedures, practices, and codes of conduct established by the Upper
Tier Council.
06 Notification of Meetings
067.01 Public Notification
Public notification shall be deemed to have been given by the posting of the
Committee or Council or Committee agenda on the City website and available
for public review in the Office of the City Clerk as follows:
a)Committee Meetings – by end of day 4:00 pm on the Fridayon the
Thursday,, eleven (1011) days prior to the Meeting date.
b)Council Meetings – by end of day4:00 pm on the Friday Thursday
preceding prior to the Council Meeting.
c) Special Meetings – at least twenty-four (24) hours preceding the
Meeting.
d) Closed Meetings – at least twenty-four (24) hours preceding the
Meeting.
By-law XXXX/23 Page 18
067.02 Emergency Notification
Emergency Meetings may be held, without written notice, to deal with issues
that may urgently affect the health or safety of residents. The Clerk shall
attempt to notify the public of emergency Meetings as soon as practicably
possible and in the most expedient manner available.
067.03 Cancellation/Postponement of Meetings
Any Meeting may be cancelled or rescheduled to a day, time, and place, set
out in a written notice from the Clerk, sent to each Member at least twenty-four
(24) hours before the scheduled date of the Meeting.
A Meeting may be cancelled if the Clerk determines in advance that Quorum
will not be achieved, there are no agenda items, or by way of a resolution of
the Committee or Council as the case may be.
Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the
Clerk shall attempt to notify the public as soon as practicably possible and in
the most expedient manner available.
07 Meetings
078.01 Place of Meetings
All Regular Meetings of the Council and Standing Committees shall be held in
the Council Chambers at the City of Pickering Civic Complex, One The
Esplanade, Pickering, Ontario, unless otherwise decided by resolution of
Councilthe Mayor and the City ClerkClerk.
078.1102 Agendas and MinutesInformation pertaining to a Committee or Council Meeting
including the Meeting agenda, reports and any Supplemental Information Packages
shall be sent to all Members.
The agendas, minutes and any written notices pertaining to any Standing
Committee and Council Meeting shall be sent to all Members of Council.
078.023 Chairing of Meetings
a) Every Council Meeting shall be chaired by the Mayor, if present;
b) The Chair of the Standing Committees shall be rotated each Meeting
amongst the Members of Councillors, in alphabetical order by last
name.
078.08 Meeting Calling the Meetinged to Order
The Chair, as soon after the hour is fixed for the holding of the Meeting of the
Council, and if a Quorum is present, shall take the Chair and call the Meeting
By-law XXXX/23 Page 19
to order and shall ask the City Clerk or their designate to conduct a roll call of
the Members present or absent from the Meeting.
078.1004 Absence of Chair
a) Council Meetings - If the Mayor does not attend within fifteen (fifteen
15) minutes after the hour is fixed for the holding of the Meeting of the
Council and if a Quorum is present, the Deputy Mayor who has been
appointed to this position in accordance with Policy ADM 045, shall
preside over the Meeting and have the same authority to cChair the
Meeting as the Mayor would have had, if present. Should the Mayor
arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back
to the Mayor.
b) When the Mayor and Deputy Mayor are absent from a Meeting or
refuse to act, the Council may by resolution appoint one of itsanother
Members to act in the place and stead of the Mayor and Deputy
Mayor, and such Member shall have the same authority to cChair the
Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the
Meeting, the Member acting in their stead shall relinquish the Chair
back to the Mayor or Deputy Mayor as the case may be.
c) Standing Committee Meetings – If the Chair does not attend within
fifteen (fifteen 15)minutes after the hour is fixed for the holding of the
Meeting of the Committee and if a Quorum is present, the Council
MemberCouncillor who is next in alphabetical order to Chair will
assume the position of Chair.
07.05 Calling the Meeting to Order
The Chair, as soon after the hour is fixed for the holding of the Meeting, and if
a Quorum is present, shall take the Chair and call the Meeting to order and
shall ask the Clerk or their designate to conduct a roll call of the Members
present or absent from the Meeting.
078.096 Quorum
a) If a Quorum is not present one-half hourwithin fifteen (15) minutes
after the time appointed for a Meeting of the Council and/or
Committee, the Clerk shall record the names of the Members present
and the Meeting shall stand adjourned until the next Meeting.
b)
c)a)A majority of the Members elected to the Council shall constitute a
quorum.
078.037 Clerk’s Attendance at Meetings
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By-law XXXX/23 Page 20
The City Clerk or the Clerk’s designate, shall be present at all Meetings of
Council; however, they may delegate a member of staff to act in their stead at
a Standing Committee Meeting.
078.048 Recording of Minutes
a) The Clerk shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting, whether it be an open
or cClosed Meetingto the public or not;
b) The record required by the Act in respect of a Meeting, shall be made
by:
i) The Clerk, or the Clerk’s designate, in the case of a Meeting of
Council; or
ii) The appropriate City staffofficer, in the case of a Meeting of a
Committee.
c) Except for Recorded Votes, a record or notation of a Member’s
opposition or favour on any issue will not be recorded in any Meeting
minutes.
08.05 Committee Meetings - Rules of Procedure
The rules of procedure set out in this By-law shall be observed in Meetings of
the Committees insofar as they are applicable, provided that:
a) A report, setting out the recommendations of any Committee, shall be
forwarded to the first regular Council Meeting following the Meeting of
the Committee.
078.0956 Prohibited – Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at
Meetings
a) Meetings may be audio or video recorded, broadcast and/or
livestreamed publicly by the City, with the exception of Closed
Meetings.
a) To ensure that all members of the public are comfortable participating in
Meetings,:
b)S signs, banners, emblems, and flags, cameras, audio and video
recordings by the public are prohibited in the Chambers or any space
where a Meeting is being held.except by permission of the Chair;
b)c) Meeting attendees may record all or portions of open Meetings
provided that in doing so, it is not disruptive to the Meeting or other
attendees.
By-law XXXX/23 Page 21
d) Should a Meeting attendee violate these Procedures, the Chair may
ask that the individual be removed from the Meeting.
b)
a) Notwithstanding the foregoing, the provisions of section 08.06 shall
not apply to City Staff, Rogers Cable or any other media, broadcasting
or webstreaming service provider permitted by Council.
078.1076 Access to Council Floor
No person except members of Council, the Clerk, and officials authorized by
the Clerk :
a) Shall be allowed on the floor of the place a Meeting is being held
while Council or a Committee is sitting;
b) Material to be distributed to Council during a Meeting can only be
distributed by the Clerk or the Clerk’s designate.
07.0711 Petitions
Petitions presented during a Council or Committee Meeting shall be provided
to the Clerk and the Clerk shall process the petition in accordance with the
City’s procedures pertaining to petitions.
07101.012 Change in Order of Business
All business shall be taken up in the order in which it appears on the agenda
unless otherwise decided by a Majority vote of the majority of the Members
present and voting.
078.123 Consideration of Items
Council may consider any matter without referring it to a Committee or may
refer it to a Committee or to any number of Committees, and may withdraw a
matter from a Committee at any time.
07245.0214 Staff/Consultant Delegations for Staff Reports
Where possible, a staff report that includes a Consultant Delegation shall be
listed first under Matters for Consideration (Standing Committee Agendas) or
New and Unfinished Business (Council Agendas), so that the consultant may
leave the Meeting after their item has concluded to avoid additional costs to the
City should there be a large volume of reports on the agenda.
078.135 Adjournment Hour/All Meetings
a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m.
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By-law XXXX/23 Page 22
b) In the event the business before Council has not been completed at
the hour of 12:00 a.m11:00 p.m., then the Committee or Council may,
by a Majority vote of all the Members present, approve an extension of
the Meeting to the hour of 12:00 a.m.
c) Motions to continue past 11:00 p.m. are not debatable.
d) At 12:00 a.m., any unfinished business shall be deferred to a Special
Meeting of the Committee or Council, to be held at 7:00 p.m. on the
Monday immediately following,next Regular Meeting of Council, unless
a resolution of Council is made to reconvene hold the Council Meeting
to on another day and time prior to the next Regular Meeting of
Council. Only those items of outstanding business shall be included
and considered at the Special Meeting. A resolution to reconvene hold
the Meeting onto another day and time requires a Majority vote . If a
resolution of Council to reconvene the Council Meeting to another day
prior to the next regular Meeting isand if adopted, the Meeting cannot
must be rescheduled not sooner than 48 hours after the original
Meeting in order to provide Council, staff and interested parties an
opportunity to make arrangements to attend the rescheduled Meeting.
e) In either instance noted above, and if at a Council Meeting, a
confirmatory by-law shall be adopted before the original Meeting
adjourns in order to ratify the business that has already been
conducted. Items deferred to a Special Council Meeting agenda will be
confirmed through the Confirmatory By-law of that Meeting.
Delegations shall not be permitted for items that are deferred to a
future Meeting under this Section as they would have already had
opportunity to delegate at the original Meeting.
08 Delegations
081435.01 Delegations
a)Delegations are encouragedshall be directed to the appropriate to
appear before the Standing Committee having charge of the matter
which is the subject of the Delegation.
b) Delegations that were not able to attend a Standing Committee
Meeting, or that have already appeared at a Standing Committee
regarding a particular matter, are permitted to delegate at Council on
those matters, however, those who have already delegated at the
Standing Committee may only delegate at Council have appeared at a
Standing Committee regarding a particular matter are permitted to
delegate at Council on the same matter only if they and wishhave
additional remarks to relay additional and/or new information about the
matter. about that matter at Council may do so.
By-law XXXX/23 Page 23
c) Despite clause a) above, a Delegation may delegate directly to Council
if the matter in which they are delegating did not first appear at a
Standing Committee or if the Clerk determines that the matter is of an
urgent nature and cannot wait for the next applicable Standing
Committee Meeting.
c)d)All in-person Delegations, for items listed on an agenda, shall register
in writing with the City ClerkClerk by 12:00 noon on the day of the
Meeting date.
d)e)All electronic Delegations, for item listed on an agenda, shall register in
writing with the City ClerkClerk by 12:00 noon on the business day
prior to the Meeting date.
e)f)All Delegations for items not listed on an agenda shall register ten (ten
(10)) days prior to the Meeting date.
f)g) Delegations that have not registered in writing by the timelines noted
above shall only be heard if permitted by a Two-Thirds Majority vote of
Members present at the Meeting.
g)h)Members of the public may also submit written comments in addition
to, or in lieu of, a verbal Delegation, by noon on the business day prior
to the Meeting and such written comments shall be provided to all
Members of Council prior to the Meeting through the Supplemental
Information Package..
i) A Delegation appearing before Council or Committee for items not
listed on an agenda shall not be placed on an Agenda to discuss the
same matter within six (six (6)) months of the last appearance by the
same delegate, unless otherwise approved by Council.
j) Delegations shall not be permitted to speak before a Committee or
Council for the sole purpose of generating publicity for an event, a
product or a service.
k) Delegations shall not be permitted to speak to matters which have
been referred to staff for a report until the matter is before a Standing
Committee or Council.
l) Delegations shall not be permitted to speak to matters which are not
within Council’s jurisdiction.
m) Delegations shall not be permitted to speak to matters which have
been decided upon by Council unless the matter is before Council for
reconsideration.
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By-law XXXX/23 Page 24
n) Delegations will not be permitted for deferred items except for those
who did not delegate on the matter when it originally appeared before
the Committee or Council prior to it being deferred.
o) on aDelegations shall not be permitted to speak to a report provided by
the City’s Integrity Commissioner.
h)p)A maximum of five (10 5)minutes shall be allotted for each Delegation
to present his/her/their position at a Meeting.
i)q)A Delegation will not be permitted to take any unused time allocated to
another Delegation.
j)r) Should there be more than one individual that registers to speak as a
group, the group shall be allotted up to ten (10) minutes to delegate.
s) The five (5) minute Delegation speaking limit may be extended by two
(2) additional minutes if approved by a motion duly moved and
seconded and carried by a Majority vote of the Members present.
k)t) Delegations are encouraged not to repeat information presented by an
earlier Delegation at the same Meeting.
0835.032 Delegations at a Statutory Public Information Meeting
Delegations for Statutory Public Information Meetings, who are participating
electronically in accordance with Section 09 of this By-law, must register with
the City ClerkClerk by 12:00 noon the business day prior to the Meeting.
Delegations appearing in person for Statutory Public Meetings are encouraged
to register with the City ClerkClerk by 12:00 noon on the day of the Meeting.
Delegations will be permitted from the gallery without prior registration only
during the Statutory Public Information Meeting portion of a Meeting held
under the provisions of the required statutePlanning Act, but shall be heard
after all Delegations, either electronically or in-person, who have pre-
registered with the City ClerkClerk by the applicable deadlines outlined in this
By-law.
081435.043 Delegations Requesting Action
Delegations which appear at a Meeting and request that action be taken by the
Council shall, if required by a Majority of the Members present at the Meeting,
be referred to City staff for a report that shall be dealt with at a future Meeting.
The direction to refer such a matter to City staff shall include the Committee or
Council Meeting that the matter shall be presented at of Council.
081435.054 Audio Visual Equipment for Delegations
By-law XXXX/23 Page 25
The City’s audio visual equipment may be used to assist in presentations by
Delegations, provided that permission has been obtained for use of such
equipment from the City ClerkClerk. All presentation materials must be
delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which
the Delegation is to appear.
081435.065 Priority of Delegations
Delegations shall be listed on the agenda in the order in which the Clerk
received the requests. For Statutory Public Information Meetings, where more
than one person wishes to make a Delegation on a particular matter, the
proponent or their authorized representative, will be listed last in order to afford
the proponent the opportunity of making a Delegation after all other interested
persons have done so.
081435.076 Conduct of the Delegation
a) The Chair may curtail impose restrictions on any Delegation and any
questions to a Delegation for disorder or any other breach of this bBy-
law and, if the Chair rules that the Delegation is concluded, the person
or persons appearing shall end the Delegation.
b) Delegations shall not:
i)
ii)
iii)
iv)
v)
speak disrespectfully of any person;
use offensive words;
speak on any subject other than the subject for which they
have received approval to address Committee or Council;
disobey a decision of the Chair, or the Committee or Council;
debate with other Delegations, City staff, Council Members or
the Chair.
081435.087 Questions to the Delegation
a) Upon the completion of a Delegation to Committee or Council, any
discussion between Members and the Delegation shall be limited to
Members asking questions for clarification and/or obtaining
additional, relevant information only.
b) All questions to a Delegation from Members shall be stated
succinctly. Members shall not question a Delegation for the purpose
of expanding the scope of the Delegation’s remarks or for adding the
Member’s own statements through the Delegation. Delegations are
an opportunity for Delegates, not Members, to make their views
known. For example, qQuestions from Members such as “are you
aware”, “do you agree” or “wouldn’t you say” shall not be permitted
as they do not seek clarification or additional relevant information.
Members shall not enter into debate with Delegations. Questions to
By-law XXXX/23 Page 26
the Delegation shall be presented in a courteous and non-
argumentative manner.
c) Once a motion has been moved and seconded, no further
representation from or questions of the Delegation shall be permitted.
09 Electronic Participation
0989.01 A Member of Council may participate electronically in a Meeting that is either
open or closed to the public should they be unable to participate in person for
reasons pertaining to a medical condition or illness (pertains to either the
Member, reasonsthe Member’s family member, or someone under the primary
care of the Member), illness, City business, or in the event of a situation or
pandemic in which physical distancing, limited gatherings or quarantine
measures are required by local, provincial or federal public health agencies, or
for any other unforeseen circumstance with prior approval from the Clerk. A
Member of Council participating electronically , and in doing so may shall be
counted in determining whether or not a Quorum of mMembers is present at
any point in time and shall have all the rights of any other Member who is
participating in person.
0989.02 A Member of a local board, task force, or an advisory or ad-hoc committee,
may participate electronically in a Meeting that is either open or closed to the
public and in doing so may be counted in determining whether or not a
Quorum of mMembers is present at any point in time and shall have all the
rights of any other Member who is participating in person.
0989.03 The Clerk may provide for electronic participation of staff at any Meeting,
including the Clerk. The Clerk may also provide for electronic participation for
consultants or anyone who has been hired by the City to provide services or
expertise on a particular matter or project. Such electronic participation is not
limited to an audio connection and consultants may shall be provided with a
link to appear by videoon screen during an electronic Meeting.
0989.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for
electronic participation for all Members of Council should the appropriate
meeting space containing the required technology (including the necessary
components to operate the livestreaming of the proceedings) not be available
for any reason, in order to comply with the open Meeting rules under the Act.
0989.05 Electronic Meetings are those held by means of telecommunication
instruments including but not limited to telephones, video conferencing,
computers with internet access, and conferencing platforms and software
programs. The means used to facilitate an electronic Meeting shall be
determined by the Clerk.
0989.06 A Member must provide sufficient notice to the Clerk, their designate, or the
Staff Liaison of a Committee, of their intent to participate electronically in a
Meeting to ensure the proper technology is enabled to make electronic
By-law XXXX/23 Page 27
participation possible. The Member must give at least 48 hours’ notice of their
intent to join the Meeting electronically unless extraordinary circumstances
apply.
0989.07 A member of the public may delegate via electronic participation through the
use of a video connection into the electronic meeting platform, and the City
ClerkClerk shall arrange for such Delegations. Delegations connected through
video shall not be permitted to activate their camera or microphone unless
invited by the Chair to do so. A member of the public delegating electronically
shall abide by all of the Meeting decorum provisions of this By-law.
The Clerk may require any Delegation to participate electronically in the event
of any situation (including a pandemic) in which physical distancing, limited
gatherings or quarantine measures are required by local, Provincial or Federal
public health agencies, or for the reasons outlined in Section 09.04.
0989.08 Where a member of the public requests to participate electronically, it is the
delegate’s responsibility to ensure they have the appropriate technology to
connect to the Meeting. Where technical issues arise in connecting a Delegate
into a Meeting, it shall in no way affect the validity of the Meeting or any action
taken at the Meeting. In lieu of a successful electronic connection, members of
the public may submit written comments to the Clerk which shall be distributed
to all Members of Council after the Meeting.
0989.089 If the live stream stops working during a Meeting that involves electronic
participation (full or hybrid), the Meeting shall recess for fifteen (15) minutes
while the live streaming issues are resolved. If the issues cannot be resolved
during the fifteen (15) minute recess, then the Meeting will be adjourned until
the live stream is restored.
0989.10 Subject to these provisions for electronic participation, all other provisions of
the Procedure By-law continue to apply and the Chair shall determine and
maintain order of the Meeting as needed.
10 Conduct at Meetings
11009.01 Members of the Public
The Chair will ensure that members of the Ppublic shall beare respectful of
Council, staff, Delegations and all attendees at the Meeting by not heckling,
speaking disruptively while debate is in progress, making comments or
applauding.
All communication devices shall be set to silent during a Meeting, with the
exception of assistive listening devices or other provisions required by persons
with disabilities.
By-law XXXX/23 Page 28
11090.02 Members of Council
Members of Committee and Council shall:
a) act in accordance with their declared OathDeclaration of Office and
the provisions of this By-law;
b) treat the Chair, other Members, staff and delegates from the public
with courtesy, respect and good faith;
c) hold in strict confidence all information concerning matters dealt with
in Closed Meetings;.
d) not speak disrespectfully of the Reigning Sovereign, or of any of
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;
e) not use offensive words or unparliamentarily language in or against
Council or against any Member;
f) not speak on any subject other than the motion being debated;
g) not criticize any decision of Council except for the purpose of moving
a motion to reconsider a previous decision of Council;
g)h) refrain from engaging in private conversations while in a Meeting and
from using communication devices in a disruptive manner;
h)i) inform the Clerk of their absence prior to any Meeting in which they
will be absent.
11009.03 Actions When a Member’s Behaviour is Inappropriate
The Chair may Call the Member to Order and take one or more of the following
actions:
a) decide that there was no breach of the rule;
b) ask the Member in breach of the rules to stop the behaviour;
c) ask the Member to withdraw what was said; or
d) ask the Member to apologize.
11009.04 If previous attempts to call the Member to order have failed, the Chair may
refrain from decide, not to recognizinge the Member, for the balance of theat
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By-law XXXX/23 Page 29
Meeting, in which case the Member shall not be permitted to speak or vote for
the remainder of theat Meeting.
11 Order of Business for Council Meetings
1101.01 The Order of Business for the Regular Meetings of Council shall be as
follows:
a) Meeting Called Toto Order/Roll Call
b) InvocationMoment of Reflection
c) Indigenous Land Acknowledgment Statement
d) Disclosures of Interest
e) Adoption of Minutes
f) Presentations
f)g) Question Period
g)h)Delegations
h)i)Correspondence
i)j)Committee Reports
j)k)New and Unfinished Business
k)l)Motions and Notices of Motion
l)m)By-laws
n) Confidential Council – Public Report
m)o) Regional Councillor Updates
n)p)Other Business
o)q)Confirmation Confirmatory By-law
p)r)Adjournment
12 Moment of Reflection and Indigenous Land Acknowledgement Statement
At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall
pause for a silent moment of reflection and after such moment has passed, shall
read out the Indigenous Land Acknowledgment Statement.
1213 Presentations
12.01 Presentations
a) Charities, organizations or individuals wishing to address Council to
inform Members of special events or achievements, to seek Council’s
recognition of an event or achievement or to make a presentation to
Council shall request the opportunity to be granted Presentation status.
b) It shall be the duty of the Mayor to make Presentations and to accept
Presentations, on behalf of Council, at Meetings of Council. Where a
Presentation is made or accepted from an organization on which a
Member of Council has been appointed to sit, the Presentation shall be
jointly made or accepted with the appointed Member of Council.
Where otherwise appropriate, Presentations may be made or accepted
By-law XXXX/23 Page 30
jointly with another Member or Members of Council at the discretion of
the Mayor.
c) The request for Presentation status shall be submitted to the Clerk, in
writing, no later than 14 days preceding the Meeting at which the
Presentation is to be made.
14 Question Period
a) An opportunity will be provided for any member of the public who is
physically in attendance at a Council Meeting, to ask the Mayor a
question pertaining to any matter appearing on the Council agenda.
b) All questions will be answered by the Mayor, unless in the Mayor’s
opinion the answer could be better provided by another Member of
Council or City staff.
c) The Question Period shall be limited to a total of fifteen (15) minutes
unless extended by the Mayor/Chair.
d) A member of the public shall be permitted to ask one (1) question and
one (1) supplemental question if required.
e) Questions posed by a member of the public under this Section of the By-
law shall not be countered by any questions from Members or staff
unless it is for the purpose of seeking clarification on the question being
asked.
f)
Question Period.
Members shall not enter into debate on any questions asked during the
g) The dialogue that takes place during the Question Period shall not be
included in the formal Meeting minutes, and there shall be a general
statement in the minutes under the Question Period header that states
“A general question and answer period ensued”. Should a member of
the public wish to understand what questions and answers were
provided, they may view the meeting video posted on the City’s website.
1315 Correspondence
1546.01 Correspondence received in the Clerk’s Office for distribution to Council shall
be provided through a weekly Council Information Index (CII). The Clerk shall
prepare the CII and it shall be delivered to Members of Council every Friday
afternoon by email and shall be copied to the CAO, Directors, and any other
staff as determined by the Clerk.
156.02 Members of Council may pull any item from the CII and make a request in
writing to the Clerk to place the item on the next regular Council Meeting
By-law XXXX/23 Page 31
agenda under Correspondence. The Member must identify the
correspondence number and specific subject matter in their request to the
Clerk, and shall copy all Members of Council, the Mayor, Directors, and the
CAO on such requests. The Member shall also provide the accompanying
recommendation relating to the disposition of the correspondence and such
recommendation shall be included in the Council Meeting agenda with the item
for Council’s consideration and disposition as it deems appropriate.
156.03 Correspondence shall be presented at Council Meetings only and All
correspondence intended to be presented to Council through the Council
agenda shall be legibly written or printed, shall not contain any impertinent or
improper matter or language and, shall be signed by at least one person and
shall be filed with the Clerk by no later than 12:00 noon on the Wednesday
Tuesday before the Council Meeting in which it will be considered of Council.
156.04 14.023 The Clerk shall prepare a summary of the substance of all
correspondence for inclusion in the agenda.In addition to correspondence
requested by a Member of Council, from time to time, the Clerk shall include
correspondence memos from staff pertaining but not limited to, annual work
plans and updates from Committees through the designated staff liaison,
appointments of Members of Council to various Committees in accordance
with Policy ADM 045, and correspondence from the Ombudsman or the City’s
Integrity Commissioner on a Council agenda. Any proposed recommendations
relating to these pieces of correspondence shall be at the discretion of the
Clerk and will be included on the Council agenda for Council’s consideration
and disposition as it deems appropriate. Any correspondence from the
Ombudsman or Integrity Commissioner will be provided in the weekly Council
Information Index so that Members are aware of and have opportunity to read
the correspondence prior to it being printed in a Council agenda.
1416 Committee Reports
1657.01 Standing Committee reports that are to be adopted by Council shall be
forwarded to the first regular Council Meeting following the Meeting of the
Standing Committee and shall be listed under the Committee Reports section
of the agenda.
167.02 Any Reports referred back to staff at a Standing Committee shall be included
in the Committee Report with a notation that the matter was referred back to
staff at the Committee Meeting. The matter will come before Council in a
subsequent Committee Report on a future Council Agenda once the matter
has returned to the appropriate Standing Committee Meeting.
167.03 Should a Standing Committee not provide a recommendation on a matter, or
defeat a staff recommendation, the Clerk shall include the item on the Council
agenda as part of the Committee Report and shall include a notation that
states “No Committee Recommendation - Council Direction Required”. The
original staff recommendation shall be listed for reference purposes only to aid
Council in their deliberations on the matter. Council may discuss, debate,
---
By-law XXXX/23 Page 32
adopt, amend or defeat the original staff recommendations as it deems
appropriate. This does not apply to recommendations that have been referred
back to staff by the Committee as those matters will be presented at a future
Standing Committee Meeting.
1517 New and Unfinished Business
1786.01 Reports of an Urgent Nature
Departmental reports which are deemed by the Chief Administrative
OfficerCAO to be of an urgent nature, due to timing or public importance, and
which cannot be presented through the regular Standing Committee cycle,
have not been considered by a Standing Committee shall may be listed under
the New and Unfinished Business section of a Council the agenda for
Council’s consideration. Whenever possible, staff reports shall be presented to
the appropriate Standing Committee rather than going directly to Council to
provide as much notice to the public and Council as possible.
1768.02 Introduction of a Motion
a) If a motion by a Member of Council cannot be presented through the
Notice of Motion process outlined in this By-law, aA Member may,
with the consent of Two-Thirds of the Members present, introduce a
motion under New and Unfinished Business if the motion is of an
urgent nature.cannot, due to its urgent nature, be properly presented
at a Meeting in accordance with Section 17 of this By-law
Introduction of a motion without prior notice shall only be used in
exceptional circumstances as it does not provide for public notice of
the matter being presented and considered.
b) A Member desiring to introduce a main Motion must do so in writing
to the Clerk in advance of the Meeting when possible.
1618 Notices of Motions
1879.01 A Notice of Motion is required for motions that are initiated by a Member of
Council looking to introduce a new matter.
189.02 A Member desiring to give introduce a notice of a motion must do so verbally
in writing at any Meeting, at least ten (10) days prior to the Meeting at which
the motion will be dealt presentedwith. Introduction of a notices of motion
must be done under as “Other Business”.
1879.023 In order to be listed in the applicable Council agenda, a copy of the motion
being considered by Council, must be forwarded to the Clerk, signed by the
mover and seconder, no later than 12:00 p.m. on the Wednesday Tuesday
prior to the Council Meeting at which the motion will be dealt withconsidered.
In providing the motion to the Clerk, the Member shall copy the Mayor, all
By-law XXXX/23 Page 33
other Members of Council, the CAO, and Directors, for their information and
awareness that the motion will be forthcoming.
1879.034 The Clerk, upon receipt of a motion described in in accordance with this
Section, shall print the motion in full in the agenda for the Council Meeting at
which the matter will be consideredit is to be dealt with.
1879.045 A motion printed in the agenda need not be read unless requested by a
Member and shall be deemed to be in possession of the Council when stated
by the Chair at the appropriate time during the Meeting.
1897.056 A Notice of Motion that has been introduced but does not appear on the a
Council agenda within two regular Council Meetings shall not be included on
any Council agendabe removed from the list of upcoming agenda items,
unless otherwise directed by Council. Should the Member wish to bring the
matter forward again, notice of the motion at a future Meeting will be required
in accordance with the provisions of this By-law.
189.07 In drafting a motion, Members of Council shall consult with the CAO and/or
appropriate City staff, to ensure that any technical information contained in the
motion is accurate and actionable and that it aligns with the City’s Strategic
Plan.
189.08 Despite being consulted on the technical information contained in a motion,
staff do not have to agree with the merits of the motion being presented by a
Member of Council.
1719 By-laws
191820.01 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of a particular by-law or by-laws, in which case the
subject by-law(s) shall be removed from the motion and dealt with separately.
191820.02 Every by-law, when introduced, shall be in typewritten form, shall be
complete except for the by-law date and number and shall contain no blanks
except such as may be required to conform to accepted procedure or to
comply with the provisions of any Actstatute.
191820.03 Every by-law which has been passed approved by the Council shall be
numbered, dated, sealed with the seal of the Corporation, signed by the Mayor
and the Clerk and deposited retained by the Clerk as a permanent City record
in accordance with the City’s Records Retention By-lawin their office for
safekeeping.
20 Regional Councillor Updates
I
l
I
By-law XXXX/23 Page 34
20.01 A Regional Councillor may give a verbal update pertaining to matters
before the Council of the Regional Municipality of Durham to inform other
Members, City staff or the public.
20.02 Updates under this Section of the By-law shall be limited to five (5)
minutes per Regional Council Member.
20.03 Members shall not enter into debate on matters presented under this
section of the By-law and shall not ask questions of the Regional
Councillor unless it is to seek clarification on the information being
provided.
1821 Other Business
19211.01 Other Business
At any Meeting under Other Business, Members may congratulate, report on
events and promote upcoming events of public importance or interest
however, such comments shall not be included in the official Meeting minutes.
19211.02 Notice of Motion
A Member who wishes to give notice of a motion to be brought forward for
future Council consideration shall do so under “Other Business”.
19211.03 Substantive Information Reports
All Members’ may move a motion requesting requests fora substantive
information or reports from staff and such motion shall require a seconder and
the approval of a Majority of the Members present at a Meeting. Such requests
shall identify the appropriate Department and/or Director, and the objective(s)
of the report, and the Standing Committee or Council Meeting the report is to
be presented at. Any Member moving a motion for a Substantive Report shall
consult with the CAO to ensure that the timelines for reporting back are
consistent with existing staff workplans and priorities.
1922 Confirmatory By-law
20.01 At the conclusion of all Regular and Special Meetings of Council, and
prior to adjournment, a By-law shall be brought forward to confirm the
proceedings actions of the Council in respect of all motions, resolutions and other
actions taken subsequent to the last Regular Councilat the Meeting. A
Confirmatory By-law, when introduced, shall be taken as having been read and
shall be voted on without debate.
20 Adjournment
By-law XXXX/23 Page 35
21.01 The Council may adjourn upon a motion approved by the Majority of
Members present.
23 Order of Business for Standing Committee Meetings
2345.01 The Order of Business for Regular Standing Committees shall be as follows:
a) Call to Order/Roll Call
b) Disclosure of Interest
c) Delegations
d) Matters for Consideration
e) Member Updates on Committees
f) Other Business
g)Adjournment
The provisions noted in the preceding section describing the order of business on
a Council Agenda shall also apply to the same sections at Standing Committee
Meetings. The following provides an explanation of the additional section
contained on Standing Committee agendas.
2345.032 Member Updates on Committees
Members may provide updates as the Council representative for a Committee of
Council. Such updates shall be limited to a verbal update, and may provide
information on the Committee’s Workplan, ongoing mandate, or any other matter
that is before the Committee. Any recommendations of the Committee must be
presented in accordance with Policy ADM 040, Committees and Taskforces of
Council, and through the applicable staff liaison for the Committee and shall not
be presented during a Member’s update on a Committee.
2124 Rules of Debate
24526.01 No Member shall be deemed to have precedence or seniority over any other
Member.
24526.02 When a Member is speaking, no other Member shall interrupt that Member except
to raise a point of order or privilege.
Chair Reads Motion Aloud
To begin debate, the Chair reads the motion aloud.
24526.03 Decorum During Debate
During debate, and while the Chair is speaking, or when the Council is engaged in
voting, no Member is permitted to disturb the Council by whispering, or walking
across the floor, or in any other way except to raise a point of order or privilege.
24526.04 Any Member may require a motion under discussion to be read at any
time during the debate but not so as to interrupt a Member while who is
speaking. Despite this provision, if a motion is printed in an agenda, there shall
not be a requirement for the motion to be read aloud.
By-law XXXX/23 Page 36
24526.05 Recognition of MemberBefore speaking to a matter or motion, a Member shall raise
their hand and be recognized by the Chair prior to speaking to any matter and shall
speak through the Chair.Every Member shall raise their hand and be recognized by the
Chair prior to speaking to any matter or motion.
24526.06 Order of SpeakersWhen two or more Members raise their handswish to speak, the
Chair shall recognize designate the Member who, in the opinion of the Chair, has the
floor who shall be the Member who, in the opinion of the Chair, raised first signified their
hand firstintention to speak.
2456.07 After the Chair has called the vote on a motion, no Member shall speak to the
motion, nor shall any other motion be presented until, after the result of the vote
has been declared.
2456.08 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
Committee or Council unless it is for purposes of requesting a higher level of
government to take a specific action or make changes to policy or legislation.
24526.09 Speaking to a Motion
A maximum of five (10 5)minutes shall be allotted to each Member wishing to
speak to present their position on the motion. No Member shall speak more
than once to the same motion except:
a) with leave of the Chair, for not more than five (5) additional minutes,
in explanation of a material part of their speech which may have been
interpreted incorrectly;
b) with leave of the Chair, for not more than five (5) additional minutes,
after all other Members so desiring have spoken; or
c) in reply, as may be allowed with leave of the Chair, by the Member
who presented the motion, in which case the Member shall speak for
no longer than a five (5) minute period.
22654.107 Questioning the Motion
a) A Member may ask a question during the course of debate only for
the purpose of obtaining information relating to the motion under
discussion and such question must be stated concisely and asked
only through the Chair.
b) Notwithstanding the above, when a Member has been recognized as
the next speaker, such Member may immediately before speaking
ask a question through the Chair on the motion under discussion, but
only for the purpose of obtaining information, following which the
Member shall speak.
By-law XXXX/23 Page 37
22654.0811 Proceedings Decided by Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal of the Chair’s decision by a Member ofto the Committee
or Council on a point of order.
22654.0912 Chair’s Decision Final Unless Appealed
Unless a Member immediately appeals to the Council the Chair’s decision, the
decision of the Chair shall be final.
22654.103 Appeal of Decision of Chair
A Member may appeal any decision of the Chair. The appeal must occur
immediately after the Chair states the decision. If the Member appeals the
Chair’s decisionto Council, it shall be done by a duly moved and seconded
motion, and Council shall decide the question without debate and the decision
shall be final. The question motion beforeto Council would be “Do you support
the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair
and the Chair is entitled to vote on the question.
25 Points of Order
257.01 A Member may at any time, raise a point of order to call attention to a violation
of the Rules of Procedure and the Member must state the point of order to the
Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of
order immediately without debate and advise the Members of the decision.
257.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
26 Points of Privilege
268.01 Where a Member considers that the health, safety, rights and/or the integrity of
anyone present at the Meeting has been impugned, they may at any time,
raise a point of privilege.
268.02 A point of privilege shall take precedent over other matters, but the Members
shall not be permitted to enter into any argument or debate. The Mayor/Chair
shall decide on the point of privilege immediately and advise the Members of
the decision.
268.03
A Member may immediately appeal the Mayor/Chair’s decision in accordance with the
provisions of this By-law.
By-law XXXX/23 Page 38
268.04 Where the integrity of the staff or the CAO has been impugned, the
Mayor/Chair may permit the CAO to make a statement to the Committee or
Council.
2627 Common Motions
2739.01 SecondingExcept as otherwise provided in this By-law, all motions must be duly
moved and seconded before the motion can be put on the floor for consideration and
before the Mayor/Chair can call the question. All motions, including amendments, shall
be in writing to ensure that all Members and the public are fully aware of the motion
being voted on.
A motion must be formally seconded before the Chair can put the question or
for it to be recorded in the Minutes.
2739.02 Direction to staff will be by motion except where the Chair, in consultation with senior
City staff at the Meeting determines that a motion is not necessary.
Withdrawal
2927.03 Once a motion is in the possession of the Committee or Council, the mover
may withdraw the motion at any time prior to it being amended or decided and
such withdrawal may be made without consent of the seconder.The mover and
seconder may withdraw a motion or a notice of motion at any time prior to it being
read and, in such event, the motion shall not be included in the minutes of the
Meeting.
After a motion has been read or stated by the Chair, it shall be deemed to be
in possession of Council, but may, with the permission of Council, be
withdrawn at any time before decision or amendment.
2739.034 Motions in Order of PrecedencePriority of Disposition
The following A motions are in order of precedence and can only be made if
no motion of higher precedence is on the floor. Motions are listed in order from
the bottom to the top. All motions listed below require a Majority vote of the
Members present to be carried unless otherwise stated:, properly before the
Committee or Council for decision, must be disposed of before any other
motion or matter can be introduced, with the exception of any one of the
following:
a) Motion to Adjourn a point of order or personal privilege
b) Motion to Recesstable
c) Motion to Table
d) Motion to Call the Question (requires 2/3 Majority)
c) to divide
d) that the question be now put
e) Motion to to referDefer
f) Motion to to dRefer
g) to amend
By-law XXXX/23 Page 39
g)Motion to Amendsuspend any section of the Rules of Procedure
h) Motion to Suspend of the Rules (requires 2/3 Majority)
i) Motion to Divide
h)j) Main Motion
i) to recess
j) to adjourn.
23.04 Questions of Privilege and Points of Order
The Chair shall preserve order and decide points of order and questions of privilege. When a
Member has a point of order or question of privilege, it shall be considered and decided
immediately.
The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the
matter.
If leave is granted by the Chair, the Member must state their point to the Chair as succinctly as
possible and await the decision of the Chair.
Once the Chair has made a decision the business of Council shall resume at the point where it
was suspended.
2739.055 Motion to Adjourn
a) Is not debatable or amendable;
b) Is always in order except:
i. when a Member is speaking or during the taking of a vote;
ii. immediately following the affirmative resolution of a motion
that a vote on the matter now be taken; and,
iii. when a Member has already indicated to the Chair that they
wish to speak on the matter.
c) If carried, requires that the Meeting end immediately, regardless of
the stage of proceedings;
d) If not carried, a motion to adjourn shall not be made again until
further proceedings have been conducted by the Committee or
Council;
e) If the motion is to adjourn to a specific time, and if carried, it
suspends the Meeting to continue at such specific time stated.
279.06 Motion to Recess
a) A motion to recess is not debatable, shall specify the length of the recess,
and may only be amended with respect to the length of the recess;
By-law XXXX/23 Page 40
b) Despite the aforementioned, the Chair may also call a recess for no more
than 15 minutes without requiring a motion.
279.07 Motion to Table
a) A motion to table temporarily sets aside a pending motion (or a series of
pending motions) to consider another matter deemed more urgent;
b) Is not debatable or amendable and shall not include additional
instructions;
c) The matter tabled shall not be considered again until a motion has been
made to lift the matter from the table;
d) . A Member shall not be allowed to speak to a motion and immediately
move a tabling motion. If a motion is not taken from the table by the
next Regular Meeting of the Committee or Council, the motion dies;
e) A Member shall not be allowed to speak to a motion and immediately
move a tabling motion;
a)f)A motion to table is not in order to intentionally kill a motion.
279.08 Motion to Call the Question
a) A Member may request the Chair call the question by presenting a motion
that the question “now be put to a vote”;
b) Shall require a 2/3 Majority vote of the Members present;
c) A motion to call the question is not debatable or amendable and cannot be
proposed when there is an amending motion under consideration except
for the purpose of moving that the amending motion be put to a vote.
2739.089 Motion to Postpone to a Certain Time/Deferral Motion
a) A motion to defer a matter to a different time must include time, place,
and the purpose of the deferral, if applicable, and shall be in order after
a motion is read or stated by the Chair;
b)Is and debatable and amendable however debate and any amendment
shall be confined to the time and place to which the matter shall be
deferred;
c) .The deferred matter will return in the same format as originally
presented, to the time and place stated in the motion to defer.
By-law XXXX/23 Page 41
2739.107 Motion to Referral Motion
a) A motion to refer a matter to a Committee, Council or City staff must include the
body to which it is being referred, the purpose of the referral, and the time in which
it shall be returned (if applicable);
b) A motion to refer a matter motion or matter to a Committee or to City staff with
instructions is debatable and amendable however debate and any amendment
shall be limited to the time and place of the referral;
a)c) A motion to refer but, sshall be disposed of by the Committee or Council
before the original motion or any other motion pertaining to the original motion and
if carried, requires that consideration of the motion cease and the Meeting proceed
to the next item of business.
A member who moves a motion to refer shall also include in the motion:
The name of the committee, body or official to whom the motion or amendment is to be referred;
The terms upon which it is to be referred; and
The date or period, if any, within which the matter is to be returned.
2739.0911 Motion to Amendments
a) A motion to amend:
a)
i) shall be presented in writing whenever possible if requested by
the Chair;
a)
b)
c)
d)
shall be relevant to the original main motion;
shall be disposed of by Council before the original motion; and
shall not be received in order if it proposes a direct negative to the original
main motion;.
c)
e)
d)
e)
f)
f)
g)
h)g)
shall be disposed of by Council before the originalmain motion;
Is debatable and amendable;
a motion to amend an amending motion a motion to amend an amending
motion shall be disposed of by Council before the motion to amend the
original main motion;
only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original main motion.;
279.12
23.10
Motion to Suspend the Rules
By-law XXXX/23 Page 42
a) Any procedure required by this By-law may be suspended by a
Two-Thirds Majority vote of the Members present unless otherwise
provided for in any Act;
b) Shall not be used to suspend the rules pertaining to Quorum or the
provisions for open Meetings;
c) A motion to suspend the rules is not debatable or amendable and shall
not include additional instructions;
a)d) If a motion to suspend the rules is adopted, the Chair shall observe
and enforce the Rules of Procedure as altered by the resolution.
23279..1113 Motion to Divide
AA 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. A motion to divide is not
debatable or amendable and shall not include any additional instructions. For
clarity, a motion to divide shall be handled as follows:
a) A main motion is duly moved and seconded;
b) A mover and seconder move for a “motion to divide” the main motion into
separate items so that they may be voted on individually;
c) The Chair calls the vote on the motion to divide, which is not debatable;
d) If the motion to divide carries, the Chair will call the vote on the divided
items separately and then on the balance of the main motion as
applicable.
279.14 Motion to Reconsider ation Previous Decision of Council
a) After a matter has been decided, and if no action on the decided matter
has been taken that cannot be undone, anyA Member who voted on the
prevailing side in the majority of a main motion may move for
reconsideration of a decision of Council provided that no action has
been taken on any part of the matter that cannot be undone;
b) A reconsideration motion requires a Two-Thirds Majority vote of the
Members present and no discussion of the original motion shall be
allowed until the motion for reconsideration has carried;
c) Reconsideration may be done at the same Meeting in which the matter
was decided, and if the motion to reconsider carries, the
reconsideration of the original resolution shall become the next order of
business;
By-law XXXX/23 Page 43
d) If not done at the same Meeting in which the matter was decided, aor
Member may give notice of a motion for reconsideration of the matter at
a subsequent Meeting. Such notice shall be given in accordance with
Section 189 of this By-law. The resolution being reconsidered will be
placed on the next Regular Council agenda under New and Unfinished
Business. The previously adopted resolution of Council remains in force
unless and until Council adopts a new resolution;A reconsideration
motion requires a two-thirds vote of the Members present. No
discussion of the original motion shall be allowed until the motion for
reconsideration has carried.
e) A motion to reconsider is debatable only to the extent of the rationale
for reconsidering the matter, and no debate of the matter itself shall be
allowed unless the motion to reconsider carries;
f) No matter shall be reconsidered more than once within 12 months;
a)g) A notice of a written decision of the Ontario Land Tribunal (OLT)
with regard to an appeal that requires Council to make a new decision,
shall not be deemed a reconsideration of a Council decision in
accordance with the provisions of this By-law.
2739.125 Motion to Rescind
a) A motion to rescind a previous resolution of Council may be moved by
any Member provided that no action has been taken on the matter that
cannot be undone. Notice of a motion to rescind a previous decision of
Council shall be given requires a majority vote of the Council at a
Council Meeting provided that notice hin accordance with Section 189
of this By-law;
b) A motion to rescind is debatable only to the extent of the rationale for
rescinding the decision of Council;
c) A motion to rescind a previous decision requires a Two-Thirds vote of
the Members present and if the motion to rescind the prior decision
carries, the resolution previously adopted by Council is immediately of
no further force or effectas been given at the previous Meeting or in the
call of the Meeting and if notice has not been given, a motion to rescind
requires a two-thirds vote of the Members present and voting.;
a)d) If it is possible to use a motion to reconsider, the motion to rescind
shall not be in order.
23.13 Question Stated
Immediately preceding a vote, the Chair may state the motion in the form
introduced and shall do so if requested by a Member. The motion shall be
stated in the precise form in which it will be recorded in the Minutes.
By-law XXXX/23 Page 44
27 23.14 No Interruption After Question
28
29 After the Chair has called the vote on a motion, no Member shall speak to the
motion, nor shall any other motion be presented until, after the vote and the result
has been declared.
30
3128 Voting
243028.01 Requirement to Vote
All Members present and seated must vote. If a Member is present and does
not vote they are deemed to have voted in the negative, except where the
Member is disqualified from voting.
243028.02 Vote Not Allowed
A Member not in their seat when the question is called by the Chair is not
entitlednot entitled to vote on that question.
243028.03 Voting on Amendments
Amendments are voted upon before the main motion and if there are
numerous amendments, the Chair may place them in the most logical,
practical and expeditious order for consideration.
243028.04 Determination of Votes
The manner of determining the decision of Committee or Council on a motion
shall be by the prominent show of hands.
243028.05 No Secret Voting
No vote may be taken by ballot or any other method of secret voting.
243028.06 Decorum While Calling Vote
When the Chair calls for the vote on a motion, each Member shall occupy their
seat, and shall remain in their seat, until the result of the vote has been
declared by the Chair, and during such time no Member shall cross the floor or
speak to any other Member or make any noise or disturbance.
243028.07 Disagreement with Result of Vote
If a Member disagrees with the announcement of the Chair that a motion is
carried or defeated, the Member may, but only immediately after the
declaration by the Chair, object to the declaration and a Recorded Vote shall
be taken.
By-law XXXX/23 Page 45
243028.08 Recorded Votes of Council
Where a vote of Committee or Council is taken for any purpose, a Member may
request, immediately prior or immediately subsequent to the taking of the vote, that the
vote be recorded. Each Member present, beginning with the requester of the Recorded
Vote, and continuing alphabetically from that Member onward, except a Member who is
disqualified from voting by reason of interest or otherwise, shall announce their vote
openly and the Clerk shall record each vote. The Mayor shall be called upon to vote
following all other Members.
243028.09 Vote of the Chair
The Chair, except when disqualified to vote by reason of interest or otherwise,
may vote with the other Members on all questions.
32 24.10 Vote on the Question
33
34 A motion that a vote on the question be now taken:
35
a. cannot be amended or debated;
36
37
a. cannot be proposed when there is an amending motion under
consideration except for the purpose of moving that the amending
motion be put;
a. when resolved in the affirmative, shall be followed immediately by
the original motion which shall be put forward without debate or
amendment;
38
39
a. can only be moved in the following words: "That the question be
now put" or "Call the question"; and
a. requires a two-thirds vote of the Members present.
40
4129 Contingencies
25.01 In all contingencies not provided for in this By-law, the question shall be
decided by the Chair and in making such a ruling, the decision shall be based on
Robert’s Rules of Order.
22 Suspension of Rules
26.01 Any procedure required by this By-law may be suspended with consent of not
less than two-thirds of the Members present.
23 Two-Thirds Vote
By-law XXXX/23 Page 46
27.01 A two-thirds vote shall be deemed to have been accomplished with the
following voting in the affirmative:
five of seven Members
four of six Members
four of five Members
three of four Members
4230 Commencement and Administration
28302.01 This by-law shall be administered by the City ClerkClerk.
28302.02 The City ClerkClerk shall be authorized to make minor corrections to any
By-law, Motion, Resolution, minutes or other Council document to eliminate
technical or typographical errors.
28302.03 By-law 7665/18, By-law 7678/19, By-law 7685/19, By-law 7749/20, By-law
7753/20, By-law 7771/20, and By-law 7781/207926/22 is are hereby repealed.
28.302.04 The short title of this by-law is the “Procedure By-law”.
By-law passed this 26th day of May, 2023.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk
-aft;of
Pl(KERJNG
Attachment #3 to Report CLK 07-23
Report to
Executive Committee
Report Number: CLK 06-23
Date: May 1, 2023
From: Paul Bigioni
Director, Corporate Services & City Solicitor
Subject: Procedure By-law Review and Updates
-File: A-1440
Recommendation:
1. That Report CLK 06-23 regarding the Procedure By-law Review and Updates be
received;
2. That the draft By-law, included as Attachment #1 to CLK 06-23, be approved and
enacted; and,
3. That the appropriate City of Pickering Officials be authorized to take such actions as are
necessary to give effect to the recommendations in this Report.
Executive Summary: This Report is provided to recommend the adoption of an updated
Procedure By-law for Pickering City Council and its Committees. The review and proposed
updates to the By-law seek to provide improved readability and clarity of meeting procedures,
to clarify By-law language, to add new provisions to align with current practices, to increase
overall meeting efficiencies, to improve accountability and transparency, and to incorporate the
direction and discussions of City Council.
Financial Implications: There are no financial implications associated with this Report.
Discussion: Section 238 of the Municipal Act, 2001, S.O. 2001, c. 25 (the “Act”), requires
every municipality and local board to pass a procedure by-law for governing the calling, place
and proceedings of meetings. Although the City’s Procedure By-law has been amended
several times during the prior Term of Council, most of the amendments were to address the
ability to participate electronically during the COVID-19 pandemic as provided through
amendments to the Municipal Act. Aside from these amendments, the By-law has not
undergone a significant review and rewrite since 2012.
In an effort to provide a more readable and modernized By-law that aligns with current City
practices, the By-law was reviewed in its entirety and as part of that review, municipal best
practices found in the Procedure By-laws of the Durham Region lakeshore municipalities, and
the Region of Durham were considered. Where possible, these best practices were
incorporated if they provided clarity and a more effective approach to the City of Pickering’s
meeting procedures.
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Subject: Procedure By-law Review and Updates Page 2
The following sections demonstrate the main areas of the By-law that have been amended.
For ease of reference, and to highlight all of the changes being proposed, both a clean version
with all proposed changes included, as well as a tracked changes version of the draft By-law
have been included respectively as Attachments #1 and #2 to this Report.
General Changes:
• Revised definitions and the addition of new definitions to provide clarity in the meaning
and use of the defined terms throughout the By-law.
• Streamlining sections to remove redundant text, headers, and condensing language
and relocating sections where possible, for ease of reading.
Notable Changes:
1. Removal of Section 03.03 and 03.04 relating to pregnancy and parental leave for
Members of Council:
• These provisions were originally written into the Procedure By-law to comply with
amendments to the Act in 2019 that required municipalities to adopt a policy
regarding pregnancy and parental leaves for Members of Council. It was always
the intention of staff to have these provisions included in a standalone policy
which is now being presented at the May 1, 2023 Executive Committee and
therefore, these sections of the Procedure By-law are no longer required and
have been removed.
2. Inclusion of a new Section relating to the annual Executive Committee Budget Meeting
to align with current practices. (Section 05.03 (c)).
3. Inclusion of two new Sections to include additional parameters surrounding the holding
of Closed Meetings and Education and Training Sessions of Council, and the processes
undertaken, to align with current practices. (05.05 and 05.06).
4. Relaxed rules pertaining to attendees in the audience having the ability to record the
meeting or parts of the meetings: (Section 07.09):
• This language was incorporated to align with municipal best practices as most
municipalities now allow for this. Given that all of the City’s meeting are currently
livestreamed and recorded, there are no major concerns regarding an individual
recording any part of an open meeting. Additionally, with the meetings being held
in an open, public space, we do not have any policies to prevent such activity.
That said, wording has been included in the By-law that despite an attendee
being allowed to capture their own video at a public meeting of a Committee or
Council, they can only do so as long as it is not disruptive to any part of the
Meeting as determined by the Chair. The use of signs and placards are still
prohibited to ensure that all attendees are comfortable in participating in
Meetings.
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Subject: Procedure By-law Review and Updates Page 3
5. The time for mandatory adjournment of a Meeting is proposed to change from midnight
to 11:00 pm with the ability for Committee or Council to pass a motion, by majority vote,
to extend to midnight: (Section 07.15)
• In scanning all Durham Region municipalities, all have a mandatory meeting
adjournments no later than 11:00 pm, unless there is a suspension of the
meeting rules requiring a 2/3 majority vote. Moving the time back to 11:00 pm for
Pickering’s Procedure By-law, with an added ability to extend to midnight by
majority vote, is in keeping with these best practices. It should also be noted that
meetings that go beyond the hour of midnight may prohibit public participation
and are unduly taxing on Members of Council and staff who have been working
throughout the entire day.
6. In addition to the change in the mandatory adjournment hours, additional wording has
been added to guide the process around formally adjourning a meeting at curfew to
ensure that if it is a Council Meeting, any business that was conducted prior to the
adjournment hour is ratified and confirmed by a Confirmatory By-law so that staff can
action those Council decisions made prior to the adjournment: (Section 07.15)
• This situation occurred recently at the February 27, 2023 Council Meeting that
went until 1:00 am and recessed until March 8th. In this situation, as the meeting
was recessed, and no confirmatory by-law was adopted, any decisions made on
February 27th were not technically ratified and could not be carried out until the
confirming by-law was adopted on March 8, 2023 when the Meeting resumed.
• To avoid this scenario in future, adopting the confirmatory by-law at the
mandatory adjournment hour will allow staff to move forward and action any
Council decisions made up to that point in the Meeting.
7. Expansion of the reasons to allow a Member of Council to participate electronically in
Committee and Council Meetings: (Section 09.01)
• Provisions have been included to address the ability for Members to participate
electronically for reasons pertaining to illness or medical reasons for not only just
the Member, but also for the Member’s immediate family member. “Immediate
Family Member” has been defined in the By-law as the Member’s child, parent or
spouse, and aligns with the provisions of the Municipal Conflict of Interest Act.
These expanded provisions provide flexibility should a Member need to
physically be at home to care for a loved one, but still able to fully participate in
an electronic Committee or Council Meeting.
• Wording was also added to allow for a Member to participate electronically if they
are away attending to City business, such as attending a conference. Members
who are out of Town and attending to City Business may only need to do so
during the day and may be able to fully participate in an evening meeting and
therefore, these provisions have been expanded to allow for these
circumstances.
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Subject: Procedure By-law Review and Updates Page 4
• It should be noted that although some procedure by-laws do not place any
restrictions on why a Member may participate electronically, the City’s approach
has always been that a Member participating electronically should be able to be
fully engaged in the meeting. To that end, if a Member is away on vacation or
attending to their own personal work obligations, it is difficult for that Member to
be fully engaged and as a result, the reasons for electronic participation have
been limited in this regard.
• It should be understood that although a Member may participate electronically for
certain reasons, they are not obligated to do so. Should a Member be too ill or
too involved in caring for a loved one, or consumed with conducting City
business at the time the Committee or Council Meeting is held, they have the
right to be absent from the Meeting and marked as such under Roll Call.
8. Aside from the new provisions to expand the reasons why a Member may participate in
a Meeting electronically, language has also been added to allow for members of the
public to delegate electronically by means of a video connection into the Meeting:
(Section 09.07 and 09.08)
• Individuals who register as a delegate will be provided with a link to the electronic
meeting so that they can appear on camera. Connection in this manner is
dependent on the delegate having the appropriate technology in place to do so
and should there be any technical difficulties, it in no way negates any part of the
meeting or decisions made therein, and the delegate may submit written
comments in lieu of their delegation should any technical issues arise.
• The expansion of these parameters will alleviate the need to have staff attend a
Meeting only to call in delegates over the phone resulting in a decrease in
overtime costs.
• As the City has been using an electronic meeting platform for approximately
three years now, we are much more comfortable with the software and the
process and there are no longer any concerns with sharing the electronic
meeting platform link with members of the public who may be delegating in this
format.
9. Removal of Invocation and replacing with a Moment of Reflection at Council Meetings:
(Section 11.01 and 12)
• In 2015 the Supreme Court of Canada ruled unanimously that the municipal
council in the Quebec City of Saguenay could not open its meetings with a prayer
and ordered the City and its Mayor to “cease the recitation of the prayer in the
chambers where the municipal council meets”. An excerpt from the decision
reads “The state’s duty of religious neutrality results from an evolving
interpretation of freedom of conscience and religion. The evolution of Canadian
society has given rise to a concept of this neutrality according to which the state
must not interfere in religion and beliefs. The state must instead remain neutral in
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Subject: Procedure By-law Review and Updates Page 5
this regard, which means that it must neither favour nor hinder any particular
belief, and the same holds true for non-belief.”
• Since that ruling, most municipalities no longer include an invocation at their
Council meetings and many have instead opted for a Moment of Reflection so
that any person may reflect on their own personal beliefs. Some municipalities
have removed it all together and do not have either an invocation or moment of
reflection.
• The Clerk’s Office received two pieces of correspondence on this matter, one in
July of 2020 and the other as recent as December of 2022, and both questioned
why the City continued to include the invocation at its Council Meetings despite
the Supreme Court ruling.
• As a result of the Ruling, the best practices of other municipalities, and the
correspondence received from members of the public, it is proposed that the
invocation be removed and replaced with a silent Moment of Reflection which will
be followed by the reading of the Indigenous Land Acknowledgment Statement.
10. Speaking time limits for both Members of Council and the public are proposed to be
reduced from ten minutes to five minutes, and additional parameters have been added
pertaining to when an individual can delegate to a Committee or Council: (Section
08.01)
• All Durham Region municipalities, with the exception of Clarington, limit the
delegation and Member speaking limits to five minutes. Many delegates have
demonstrated that a five minute speaking limit is ample time for them to state
their position on a matter, and in the spirit of ensuring that meetings are efficient
for everyone, it is proposed that Pickering also adopt a five minute speaking limit.
• Provisions have been included that the delegation speaking limit can be
extended for an additional two minutes by way of a majority vote of the Members.
• Parameters have also been included to ensure that delegates appear at Standing
Committees first, rather than Council (with some exceptions), and individuals are
not permitted to delegate on matters that have been referred, are not within
Council’s jurisdiction, have already been decided, have been deferred and the
individual already delegated on the matter when it was originally presented, and
matters that are related to reports from the Integrity Commissioner.
11. A new method of circulating correspondence is proposed by way of implementing a
weekly Council Correspondence Index (CII) as well as an earlier deadline to request
items of correspondence on an agenda: (Section 15)
• Currently any pieces of correspondence that come into the Clerk’s Office are
circulated as they are received by email to all Members of Council, the CAO, and
Directors. In an effort to provide a more effective approach to the circulation of
correspondence, a Council Information Index (CII) is being proposed.
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Subject: Procedure By-law Review and Updates Page 6
• The CII will be circulated to all Members of Council, the CAO, and Directors
every Friday afternoon by email and will include all pieces of correspondence
received in the Clerk’s Office for that week and since the release of the previous
CII.
• A Member of Council may request any item from the CII be included on an
upcoming Council agenda and in doing so shall make the request to the City
Clerk with a copy to all Members of Council, the CAO, and Directors. As part of
the request, the Member will also provide a proposed recommendation that will
be included with the correspondence on the Council agenda.
• The CII will provide a weekly resource where all Members and staff can readily
access important pieces of correspondence that are received by the City.
12. Language has been added under “Committee Reports” to clearly outline the process
should a Standing Committee not make a recommendation to Council: (Section 16)
• As Council is the ultimate approval authority, although a recommendation may
not be made by the Executive or Planning & Development Committees, Council
still has the authority to consider the matter and dispose of it as Council deems
appropriate. Although this is a rare occurrence, the new provisions provide a
clear understanding of how this situation will be addressed should it occur.
13. Updates to the Notice of Motion section: (Section 18)
• Currently when a Member submits their finalized motion that was presented
through the Notice of Motion (NOM) parameters, they typically provide the signed
NOM form to only the Clerk and the seconder of the motion. New provisions are
proposed in the By-law requiring the Member submitting the final NOM to copy all
Members of Council, the CAO, and appropriate staff on the submission of the
motion to the Clerk. This will ensure that all Members and staff are aware of the
contents of the motion prior to the publication of the agenda.
• Provisions have also been included to ensure that Members consult staff on the
technical components of the motion to ensure the motion is accurate and
actionable, and that it is in keeping with City’s Strategic Plan.
• The deadline to submit the final motion for an agenda has also been changed
from Wednesday to the Tuesday prior to the meeting, at noon, to allow more time
for staff to finalize the agenda so that it is ready for publication on Thursday.
14. Additional language has been added under “Other Business” to highlight the importance
of consulting with the CAO to ensure that the date to report back on any substantive
report is conducive to current staff workplans and priorities so that a mutually agreed
upon date can be included in the motion. (Section 21)
15. Several sections of the By-law now include reference to the Supplemental Information
Package (SIP): (Sections 01 bb), 07.02, and 08.01.))
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Subject: Procedure By-law Review and Updates Page 7
• Use of the SIP has been our practice for quite some time and these provisions
have been included to demonstrate how the SIP is used and distributed and
provisions surrounding when a Member requests an item from the CII be
included on an upcoming Council agenda.
16. A more robust overview of the language and provisions pertaining to rules of debate,
motions and precedence of motions, to align with Roberts Rules of Order, has also
been added and provides clarity and practical guidance in how those motions are
carried out. The provisions align with current procedural practices, however, they
provide a more detailed overview which was not articulated in earlier versions of the By-
law. (Section 24)
In addition to the notable changes above, the start time for Council Meetings was also
considered and staff looked into the possibility of starting Council Meetings at an earlier time.
After a thorough review, and due to some of the additional efficiencies that have been written
into the bylaw to provide for more efficient meetings, it is being recommended that the current
7:00 pm start time continue for the time being. In scanning Durham Region municipalities, only
the City of Oshawa and the Region of Durham hold Council meetings at 9:30 am, and
Uxbridge holds two Council meetings per month, one at 10:00 am and one at 7:00 pm. All
other municipalities start at 6:00 pm or later.
As the City of Pickering frequently holds in-camera sessions prior to regular council meetings,
should Council Meetings begin at 6:00 pm for instance, the in-camera session could need to
start as early as 4:30 or 5:00 pm which would result in the Meeting starting in the middle of the
dinner hour. Consideration was given to starting Council meetings earlier in the afternoon,
however, daytime Meetings are not conducive to public engagement or for Members of Council
who may be working during the day. Therefore, it is proposed to continue to hold Regular
Council Meetings at 7:00 pm and should there be a need to revisit this, an amendment to the
By-law could be brought forward in future. As noted above, the curfew time is proposed to
change to ensure Meetings end at 11:00 pm and the speaking time limits for both delegates
and Members of Council has been reduced which should help with the Meeting ending at a
more reasonable hour.
Changes Based on Council Direction and Discussions:
At its Meeting held on January 23, 2023, through Resolution #59/23, staff were directed to
undertake a review of the City’s Boards and Committees Policy and staff were directed to
incorporate provisions in the Procedure By-law to provide the ability for Members of Council to
provide monthly updates for the Board/Committee in which they are the Council
representative. As a result, a new section has been added to the Procedure By-law to outline
the order of business for Standing Committees (Section 23) and “Member Updates on
Committees” has been included. Member representatives will be given the opportunity to
provide any updates pertaining to the Committee’s Workplan, mandate or any other matter
before the Committee. The provisions also outline that any recommendations arising from a
Board/Committee, shall be communicated in accordance with ADM 040, Committees and
Taskforces of Council, through the designated staff liaison.
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Subject: Procedure By-law Review and Updates Page 8
Through discussions with Members of Council, additional provisions were considered as part
of the Procedure By-law Review. Staff considered the use of early release reports as
undertaken by the Region of Durham, the City of Oshawa and the Municipality of Clarington,
however during the review it was discovered that the City of Pickering is one of the few
municipalities that publish their Standing Committee agendas 10 days in advance of the
Meeting. Language has been strengthened in the By-law to limit the number of reports going
directly to Council so that reports can be presented on Standing Committee agendas as much
as possible. This will provide adequate time for the public and Members of Council to review
and digest the staff reports and time to consult with staff prior to the meeting should Members
have any questions.
Other items raised by Members of Council included the ability for Regional Councillors to give
Regional Councillor Updates and the implementation of a Question Period at Council
Meetings. To that end, the Order of Business for Council Meetings has been updated to
include both of these new agenda items. Through research it was discovered that the Town of
Ajax, City of Mississauga, and the City of Brampton have incorporated a Question Period into
their meeting procedures. Sections 10.01 and 13 outline how the Question Period will be
carried out and it is proposed to occur just prior to Delegations. The Question Period will
provide enhanced transparency and offers an opportunity for members of the public to ask
questions of the Mayor pertaining to any item on a Council agenda. The new provisions for
Regional Councillor Updates will provide an opportunity for Regional Councillors to update
other Members, City staff and the public on matters that are before Regional Council.
Effective meeting procedures are an integral component of local democracy. They seek to
provide accountability and transparency in the decision making process of City Council and
preserve the rights of the public and Members to participate and be heard. They also ensure
that the business of the municipality can proceed expeditiously, and the public interest is
upheld.
To that end, the Procedural By-law has been updated to reflect revisions requested or directed
by Council, to facilitate effective participation by Council, staff, and the public during meetings,
to streamline and improve the overall readability of the by-law, as well as to align with current
practices. The intent of these changes is to simplify meeting practices, and to help foster an
environment where the public and all Members of Council are empowered to participate.
As this Term of Council progresses, Legislative Services will monitor these changes to ensure
they are operating as intended and make note of further opportunities for improvement and
bring forward any recommended changes as needed.
Attachments:
1. Draft Procedure By-law (clean updated version)
2. Draft Procedure By-law (with tracked changes)
CLK 06-23 May 1, 2023
Subject: Procedure By-law Review and Updates Page 9
Prepared By: Approved/Endorsed By:
Susan Cassel
City Clerk Director, Corporate Services
Paul Bigioni
& City
Solicitor
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report CLK 06-23
The Corporation of the City of Pickering
By-law XXXX/23
Being a by-law to govern the proceedings of Council, any of its
Committees, the conduct of its Members, and the calling of
meetings.
Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that
every municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings.
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as
follows:
Index
01 Definitions
Page
5
02 Application of this By-law 7
03 Duties 7
Members
Mayor or Chair
04 Disclosures of Pecuniary Interest 8
05 Types of Meetings 9
Inaugural Meeting
Regular Council Meetings
Regular Standing Committee Meetings
Special Meetings of Council or a Standing Committee
Education & Training Sessions
Closed Meetings
Statutory Public Meetings
Other Committee Meetings
Ad Hoc Committee
Upper Tier Council Meetings – Appointment of Alternate Member
06 Notification of Meetings 13
Public Notification
Emergency Notification
Cancellation/Postponement of Meetings
07 Meetings 14
By-law XXXX/23 Page 2
Place of Meetings
Information pertaining to a Committee or Council Meeting
Chairing of Meetings
Absence of Chair
Calling the Meeting to Order
Quorum
Clerk’s Attendance at Meetings
Recording of Minutes
Signs, Banners, Emblems, Flags, Cameras, and Video Recordings
Access to Council Floor
Petitions
Change in Order of Business
Consideration of Items
Staff/Consultant Delegations for Staff Reports
Adjournment Hour
08 Delegations 17
Delegations
Delegations at a Statutory Public Meeting
Delegations Requesting Action
Audio Visual Equipment for Delegations
Priority of Delegations
Conduct of the Delegation
Questions to the Delegation
09 Electronic Participation 21
10 Conduct at Meetings 22
Members of the Public
Members of Committee and Council
Actions When a Member’s Behaviour is Inappropriate
11 Order of Business for Council Meetings 23
12 Moment of Reflection and Indigenous Land Acknowledgement Statement 24
13 Presentations 24
14 Question Period 25
15 Correspondence 25
16 Committee Reports 26
By-law XXXX/23 Page 3
17 New and Unfinished Business 26
Reports of an Urgent Nature
Introduction of a Motion
18 Notices of Motions 27
19 By-laws 27
20 Regional Councillor Updates 28
21 Other Business 28
Other Business
Notice of Motion
Substantive Information Reports
22 Confirmatory By-law 28
23 Order of Business for Standing Committee Meetings 28
Order of Business for Regular Standing Committees
Member Updates on Committees
24 Rules of Debate 29
Speaking to a Motion
Questioning the Motion
Proceedings Decided by Chair
Chair’s Decision Final Unless Appealed
Appeal of Decision of Chair
25 Points of Order 31
26 Points of Privilege 31
27 Motions 31
Motions in Order of Precedence 32
Motion to Adjourn
Motion to Recess
Motion to Table
Motion to Call the Question
Motion to Defer
By-law XXXX/23 Page 4
Motion to Refer
Motion to Amend
Motion to Suspend the Rules
Motion to Divide
Motion to Reconsider a Previous Decision of Council
Motion to Rescind
28 Voting 36
Requirement to Vote
Vote Not Allowed
Voting on Amendments
Determination of Votes
No Secret Voting
Decorum While Calling Vote
Disagreement with Result of Vote
Recorded Votes
Vote of the Chair
29 Contingencies 37
30 Commencement and Administration 37
By-law XXXX/23 Page 5
01 Definitions
a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended;
b) “Chair” means the presiding officer at a Meeting;
c) “CAO” means the Chief Administrative Officer of the City of Pickering;
d) “Clerk” means the City Clerk of the City of Pickering;
e) “Closed Meeting” means a Meeting which is not open to the public for
reasons allowed under Section 239 of the Act;
f) “Committee” means Standing Committees, Ad-Hoc Committees, Advisory
Committees, Local Boards, and Taskforces which may be established by
Council or as required under statute;
g) “Council” means the Council of the City of Pickering;
h) “Councillor” means the city or regional elected representative of a Ward on
the Council of the City of Pickering;
i) “Delegation” means an address to Council or a Committee by one or more
persons who are not Members of Council, City staff, consultants, or other
individuals hired by the City;
j) “Deputy Mayor” means the Member appointed to act in place of the Mayor
under Section 242 of the Act and in accordance with Policy ADM 045;
k) “Inaugural Meeting” means the first Meeting of a new Council after a
municipal election where the declarations of office are taken;
l) “Immediate Family Member” means a Member’s child, parent, or spouse;
m) “Majority” means for the purpose of voting, unless otherwise specified,
more than half of the total number of the Members present at the vote and
not prohibited from voting by statute;
n) “Mayor” means the Head of Council for the City of Pickering;
o) “Meeting” means any regular, special or other Meeting of Council, of a
Local Board or of a Committee, where a Quorum of Members is present
and the Members discuss or otherwise deal with any matter in a way that
materially advances the business or decision making of the Council, Local
Board or Committee in accordance with Section 238 of the Act;
p) “Member” means a member of the Council or Committee;
q) “Notice of Motion” means advance verbal notice, given by a Member,
advising that the motion will be brought forward at a future Meeting for
consideration;
By-law XXXX/23 Page 6
r) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within
the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50,
as amended;
s) “Presentation” means a presentation of a tangible item or recognition to or
from the City of Pickering;
t) “Quorum” means a Majority of the Members elected to Council or the
number of Members required for the legal conduct of the business of
Council or a Committee;
u) “Recorded Vote” means the making of a written record of the name and
the vote of each Member who votes on a matter;
v) “Regular Meeting” means a scheduled Meeting held in accordance with
the approved annual Committee & Council Meeting Schedule;
w) “Rules of Procedure” means the rules which are set forth in this By-law;
x) “Special Meeting” means a Meeting of Council or a Committee that is
arranged outside of the normal Committee & Council Meeting Schedule to
deal with only specific item(s) of business;
y) “Standing Committee” means the Executive Committee or the Planning &
Development Committee;
z) “Statutory Public Information Meeting” means a Meeting that is legislated
under a statute and hosted by staff, a Standing Committee or Council in
order to inform members of the public about a matter.
aa) “Substantive Report” means a written report, whereby staff are required to
gather data/information and perform an analysis of such data/information
in order to draw a conclusion and possible recommendation or action
based on the analysis which is presented to the appropriate Standing
Committee or Council;
bb) “Supplemental Information Package (SIP)” means a compilation of
information pertaining to an upcoming Meeting including but not limited to
additional Delegations who registered after the publication of the agenda,
written submissions from the public, PDF or PowerPoint presentations
related to Delegations and any other information that Members require to
aid in their decision-making at a Meeting. Supplemental Information
Packages shall be compiled by the Clerk and provided by email to all
Members on the business day prior to the date in which the Meeting is
held.
By-law XXXX/23 Page 7
cc) “Two-Thirds” means two-thirds of the Members present at a Meeting and
not disqualified from voting on a matter. The calculation shall be as
follows:
five of seven Members
four of six Members
four of five Members
three of four Members
02 Application of this By-law
The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and Committee Meetings. Where a provision is not made
in this By-law, the procedure to be followed shall be determined by the Chair in
consultation with the Clerk as needed.
03 Duties
03.01 Members
Members of Committee and Council shall come prepared to every Meeting by
having read all the material supplied, including agendas, staff reports, and any
Supplemental Information. Members shall consult and make inquiries of staff
regarding the materials supplied in advance of the Meeting in order to provide
for meaningful dialogue and effective decision-making of the Committee or
Council.
03.02 The Mayor or Chair shall:
a) Open the Meetings by taking the chair and calling the Members to
order, addressing the business before the Committee or Council, and
ruling on matters of procedure.
b) Receive and submit, in the proper manner, all motions presented by
the Members.
c) Put to a vote all motions, which are moved and seconded, or
necessarily arise in the course of the proceedings, and announce the
result.
d) Restrain the Members, when engaged in debate, within the Rules of
Procedure.
e) Enforce on all occasions the observance of order and decorum by the
Members and any other persons present at the Meeting.
f) Call by name, any Member persisting in the breach of the Rules of
Procedure and order them to vacate the place in which the Meeting is
being held.
By-law XXXX/23 Page 8
g) Where it is not possible to maintain order, the Chair may, without any
motion being put, recess or adjourn the Meeting to a time to be named
by the Chair.
h) Permit questions to be asked through the Chair of any staff in order to
provide Members with information to assist any debate when the Chair
deems it proper and appropriate.
i) Ascertain that all Members who wish to speak on a motion have
spoken and that the Members are ready to vote, and shall then call the
question.
j) The Chair may speak and/or vote on any question, but if they wish to
move or second a motion, they shall first vacate the Chair by
designating an Acting Chair to act in their place, until disposition of the
item has concluded and they resume the Chair.
04 Disclosures of Pecuniary Interest
04.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict
of Interest Act, the Member shall, prior to any consideration of the matter at the
Meeting, disclose the interest and the general nature thereof. The Member
shall not take part in the discussion of, or vote on any question in respect of
the matter and shall not attempt in any way whether before, during, or after the
Meeting to influence the voting on any such question. Members shall not
request the Clerk or other Staff members to provide advice or comment on
whether a Member has a Pecuniary Interest. Advice pertaining to whether a
Member should declare a Pecuniary Interest shall be obtained by the Member
from the City’s Integrity Commissioner or the Member’s independent lawyer.
04.02 Where the Meeting is not open to the public, in addition to declaring the
conflict, the Member shall leave the Meeting, or the part of the Meeting during
which the matter is under consideration.
04.03 Notwithstanding Section 04.02, if the matter under consideration pertains to
whether to suspend the remuneration paid to the Member under Subsection
223.4(5) or (6) of the Act, the Member may take part in the discussion of the
matter, including making submissions to Council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the Meeting. However,
the Member is not permitted to vote on any question in respect of the matter.
In the case of a Meeting that is not open to the public, the Member may attend
the Meeting or part of the Meeting during which the matter is under
consideration but may not vote on the matter.
04.04 Where a Member is absent from a Meeting which includes a matter on which
they have a Pecuniary Interest, the Member shall disclose the interest at the
next Meeting attended by the Member.
By-law XXXX/23 Page 9
04.05 The Clerk shall record any declarations of interest made by a Member in the
Meeting minutes, noting the matter and the general nature of the declaration.
04.06 Any verbal declarations made under this Section shall also be submitted in
writing to the Clerk using the prescribed form and shall be made available in
the Office of the Clerk through a Disclosure of Interest Registry.
05 Types of Meetings
05.01 Inaugural Meeting
a) The Inaugural Meeting of Council shall be held no later than the
second Monday after Council takes office pursuant to the Municipal
Elections Act.
b) The order of business for the first Meeting of Council shall be as
follows:
i) Call to Order/Roll Call
ii) Moment of Reflection
iii) Indigenous Land Acknowledgment Statement
iv) Declarations of Office by Members
v) Inaugural address
vi) Adjournment
05.02 Regular Council Meetings
All Regular Meetings of the Council shall be held on the fourth Monday of each
month at the hour of 7:00 p.m. unless otherwise provided by resolution of the
Council. If a Council Meeting falls on a public or civic holiday, the Council shall
meet at the same hour on the next following day, which is not a public or civic
holiday.
05.03 Regular Standing Committee Meetings
There shall be two Standing Committees; a Planning & Development
Committee and an Executive Committee. The Standing Committees shall be
organized as follows:
a) The Planning & Development Committee and the Executive Committee
shall be comprised of all Members of Council.
b) The Executive Committee shall meet on the first Monday of each
month at 2:00 p.m., unless otherwise provided by resolution of the
Council. If an Executive Committee Meeting falls on a public or civic
holiday, the Committee shall meet at the same hour on the next
following day, which is not a public or civic holiday. It shall be the duty
of the Executive Committee to study and report to Council on matters
under the jurisdiction of the Office of the CAO, the Community
Services Department, the Corporate Services Department, the
Engineering Services Department, Finance Department, the Human
By-law XXXX/23 Page 10
Resources Department, the Fire Services Department, and the
Operations Department.
c) Aside from regularly scheduled Executive Committee Meetings, an
annual Executive Committee Budget Meeting shall be included on the
annual Committee & Council Meeting Schedule. Executive Committee
Budget Meetings shall be chaired by the Mayor and a seconder shall
not be required to move motions pertaining to the Budget deliberations.
Executive Budget Meetings may be held in a meeting space other than
the Council Chambers as deemed appropriate by the Clerk.
d) The Planning & Development Committee shall meet on the first
Monday of each month at 7:00 p.m. unless otherwise provided by
resolution of the Council. If a Planning & Development Committee
Meeting falls on a public or civic holiday, the Committee shall meet at
the same hour on the next following day, which is not a public or civic
holiday. It shall be the duty of the Planning & Development Committee
to report to Council on matters under the jurisdiction of the City
Development Department.
05.04 Special Meetings of Council or a Standing Committee
a) In addition to Regular Meetings, the Mayor may at any time summon a
Special Meeting of Council or a Standing Committee by giving written
direction to the Clerk stating the date, time and purpose of the Special
Meeting.
b) Upon written receipt of a petition of the Majority of the Members of
Council, the Clerk shall call a Special Meeting for the purpose and at
the time and date noted in the petition.
c) The Clerk shall give all Members notice of a Special Meeting at least
twenty-four hours before the time appointed for such Meeting. Notice
will deem to have been given on the day that the Notice was delivered
by electronic mail to the address provided by the Member of Council to
the Clerk for delivery of notices, and in default of provision of such
address, to the Member’s City Hall office.
d) The notice to be given shall indicate the nature of the business to be
considered, as well as the date, time and place of the Special Meeting.
e) No business other than that indicated in the notice shall be considered
at the Special Meeting.
f) Special Meetings of Committee or Council are not required to follow
the Order of Business described in this By-law, and the business of a
Special Meeting may be organized in a manner deemed appropriate by
the Clerk.
05.05 Education & Training Sessions
By-law XXXX/23 Page 11
a) Education & Training Sessions are held as Special Meetings of Council
and may either by open or closed to the public.
b) An Education & Training Session may be held as a Closed Meeting in
accordance with Section 239(3.1) of the Act, provided that no Member
discusses or otherwise deals with any matter in a way that materially
advances the business or decision-making of the Council.
c) Delegations shall not be received at an Education & Training Session
as no decisions shall be made or considered.
d) The agenda for the Education & Training Session shall state the
general purpose or purposes for which the Meeting is being held.
e) Notice of the Education & Training Session shall be given in
accordance with the notice provisions of this By-law.
f) The Clerk, or their designate, shall take minutes describing in general
terms each subject matter dealt with at an Education & Training
Session.
05.06 Closed Meetings
a) All Closed Meetings of Council will be held immediately prior to the
Regular Council Meeting as an In-camera Session, or by means of a
Special Meeting of Council called by the Mayor or by a written petition
of the Majority of the Members of Council. Closed Meetings shall only
deal with the subject matter(s) that the Closed Meeting was called for.
b) All Meetings shall be open to the public except where a matter meets
one or more of the open meeting exceptions under Section 239(2),
239(3), and 239(3.1) of the Act.
c) Before holding a Meeting, or part of a Meeting that is to be closed to the
public, Council or a Committee must state by resolution, the fact of the
holding of the Closed Meeting and the general nature of the matter(s) to
be considered.
d) All information, documentation, deliberations, or decisions received,
reviewed, or made at a Closed Meeting, including the detailed agenda,
are confidential and must not be released to the public or any individual
not entitled to be present at Closed Meetings.
e) The Clerk will distribute all confidential reports and material for Closed
Meetings in sealed envelopes that are marked with each Member’s
name. Confidential materials that must be emailed to Members or staff
shall be password protected and such password provided by way of a
separate means of communication.
f) No voting may take place during a Closed Meeting except if the vote is
for a procedural matter or for giving direction or instructions to officers,
By-law XXXX/23 Page 12
employees or agents of the City, or persons retained under contract with
the City. Any votes taken in a Closed Meeting shall be by a show of
hands unless a Recorded Vote is requested by a Member in accordance
with this By-law.
g) When a Closed Meeting has occurred, the Committee or Council shall
rise to open session and the Chair shall state aloud a public report of the
general nature of the subject matter considered. Whenever possible,
any direction provided to staff shall be presented in a motion duly moved
and seconded in the open session. Where it is not possible to report
publicly on matters considered during a Closed Meeting, the Chair shall
provide a general statement of what occurred during the Closed Meeting
and where necessary, may take a vote to approve the confidential
direction provided during the Closed Meeting.
h) When a decision is made by Council to relay information to the public
regarding a Closed Meeting item, the Mayor or the Mayor’s designate,
will release the information.
i) The response of Members to inquiries about any matter dealt with by a
Committee or Council at a Closed Meeting, prior to it being reported
publicly, must be “no comment”, or words to that effect. No Member shall
release or make public any information considered at a Closed Meeting,
or discuss the contents of such Meeting with anyone other than
Members or staff who were present at the Closed Meeting.
j) In accordance with Policy ADM 070, Code of Conduct, any violations
pertaining to the disclosure of confidential information, may be
investigated by the City’s Integrity Commissioner and any findings or
recommended sanctions shall be reported to Council by the Integrity
Commissioner in accordance with the provisions of the Code of
Conduct.
k) A person may request an investigation of whether a municipality or local
board has complied with Section 239 of the Act, or the Procedure By-
law, in respect to a Closed Meeting or part of a Closed Meeting, by
contacting the Ombudsman appointed under the Ombudsman Act, if the
municipality has not appointed a closed meeting investigator.
05.07 Statutory Public Meetings
a) Statutory Public Meetings shall be held at the appropriate Standing
Committee Meeting, as required by statute, or by Council, or when
considered desirable by staff.
b) Appropriate advertising shall be undertaken as required by statute, by-
law or in accordance with City policy, to advise interested persons of
the subject matter, date and time of the Meeting where the matter will
be considered.
By-law XXXX/23 Page 13
c) When appropriate, Statutory Public Meetings may also be held at
Special or Regular Meetings of Council.
05.08 Other Committee Meetings
All Committees of Council are required to adhere to this Procedure By-law
and the Committee’s Terms of Reference, however, in accordance with Policy
ADM 040, a Committee may choose to adopt simplified Procedures, subject
to the approval of the Clerk.
05.09 Ad Hoc Committee
Council may at any time appoint a special or ad hoc Committee to enquire
into and report on any matter. Ad Hoc Committees shall be established in
accordance with Policy ADM 040, Committees and Taskforces of Council,
and shall be subject to all Meeting provisions contained in this By-law. When
an Ad Hoc Committee has completed its work and made its report to Council,
the Committee shall be deemed to be dissolved. Ad Hoc Committees shall
not be established for a term longer than one year.
05.10 Upper Tier Council Meetings – Appointment of Alternate Member
Council may appoint one of its Members as an Alternate Member of the
Upper Tier Council to act in place of any Regional Councillor when they are
unable to attend a meeting of the Upper Tier Council for any reason, subject
to the following limitations:
a) No more than one Alternate Member may be appointed during the term
of Council;
b) Notwithstanding Section 05.10 a), if the seat of the appointed Alternate
Member becomes vacant, Council may appoint another of its Members
as an Alternate Member for the remainder of the term of Council;
c) Council may not appoint an alternate for the Alternate Member; and
d) When acting in their capacity as an Alternate Member on the Upper
Tier Council, the Alternate Member shall adhere to all policies,
procedures, practices, and codes of conduct established by the Upper
Tier Council.
06 Notification of Meetings
06.01 Public Notification
Public notification shall be deemed to have been given by the posting of the
Committee or Council agenda on the City website as follows:
By-law XXXX/23 Page 14
a) Committee Meetings – by end of day on the Thursday, ten (10) days
prior to the Meeting.
b) Council Meetings – by end of day on the Thursday prior to the Council
Meeting.
c) Special Meetings – at least twenty-four (24) hours preceding the
Meeting.
d) Closed Meetings – at least twenty-four (24) hours preceding the
Meeting.
06.02 Emergency Notification
Emergency Meetings may be held, without written notice, to deal with issues
that may urgently affect the health or safety of residents. The Clerk shall
attempt to notify the public of emergency Meetings as soon as practicably
possible and in the most expedient manner available.
06.03 Cancellation/Postponement of Meetings
Any Meeting may be cancelled or rescheduled to a day, time, and place, set
out in a written notice from the Clerk, sent to each Member at least twenty-
four (24) hours before the scheduled date of the Meeting.
A Meeting may be cancelled if the Clerk determines in advance that Quorum
will not be achieved, there are no agenda items, or by way of a resolution of
the Committee or Council as the case may be.
Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the
Clerk shall attempt to notify the public as soon as practicably possible and in
the most expedient manner available.
07 Meetings
07.01 Place of Meetings
All Regular Meetings of the Council and Standing Committees shall be held in
the Council Chambers at the City of Pickering Civic Complex, One The
Esplanade, Pickering, Ontario, unless otherwise decided by the Mayor and
the Clerk.
07.02 Information pertaining to a Committee or Council Meeting including the Meeting
agenda, reports and any Supplemental Information Packages shall be sent to all
Members.
07.03 Chairing of Meetings
a) Every Council Meeting shall be chaired by the Mayor, if present;
By-law XXXX/23 Page 15
b) The Chair of the Standing Committees shall be rotated each Meeting
amongst the Councillors, in alphabetical order by last name.
07.04 Absence of Chair
a) Council Meetings -If the Mayor does not attend within fifteen (15)
minutes after the hour is fixed for the holding of the Meeting of the
Council and if a Quorum is present, the Deputy Mayor shall preside
over the Meeting and have the same authority to Chair the Meeting as
the Mayor. Should the Mayor arrive at the Meeting, the Deputy Mayor
shall relinquish the Chair back to the Mayor.
b) When the Mayor and Deputy Mayor are absent from a Meeting or
refuse to act, the Council may by resolution appoint another Member to
act in the place and stead of the Mayor and Deputy Mayor, and such
Member shall have the same authority to Chair the Meeting as the
Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the
Member acting in their stead shall relinquish the Chair back to the
Mayor or Deputy Mayor as the case may be.
c) Standing Committee Meetings – If the Chair does not attend within
fifteen (15) minutes after the hour is fixed for the holding of the Meeting
of the Committee and if a Quorum is present, the Councillor who is
next in alphabetical order to Chair will assume the position of Chair.
07.05 Calling the Meeting to Order
The Chair, as soon after the hour is fixed for the holding of the Meeting, and if
a Quorum is present, shall take the Chair and call the Meeting to order and
shall ask the Clerk or their designate to conduct a roll call of the Members
present or absent from the Meeting.
07.06 Quorum
a) If a Quorum is not present within fifteen (15) minutes after the time
appointed for a Meeting of the Council or Committee, the Clerk shall
record the names of the Members present and the Meeting shall
stand adjourned until the next Meeting.
07.07 Clerk’s Attendance at Meetings
The Clerk or the Clerk’s designate, shall be present at all Meetings of Council;
however, they may delegate a member of staff to act in their stead at a
Committee Meeting.
07.08 Recording of Minutes
a) The Clerk shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting, whether it be an open
or Closed Meeting;
By-law XXXX/23 Page 16
b) The record required by the Act in respect of a Meeting, shall be made
by:
i) The Clerk, or the Clerk’s designate, in the case of a Meeting of
Council; or
ii) The appropriate City staff, in the case of a Meeting of a
Committee.
c) Except for Recorded Votes, a record or notation of a Member’s
opposition or favour on any issue will not be recorded in any Meeting
minutes.
07.09 Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings
a) Meetings may be audio or video recorded, broadcast and/or
livestreamed publicly by the City, with the exception of Closed
Meetings.
b) To ensure that all members of the public are comfortable participating
in Meetings, signs, banners, emblems, and flags, are prohibited in the
Chambers or any space where a Meeting is being held.
c) Meeting attendees may record all or portions of open Meetings
provided that in doing so, it is not disruptive to the Meeting or other
attendees.
d) Should a Meeting attendee violate these Procedures, the Chair may
ask that the individual be removed from the Meeting.
07.10 Access to Council Floor
No person except members of Council, the Clerk, and officials authorized by
the Clerk:
a) Shall be allowed on the floor of the place a Meeting is being held
while Council or a Committee is sitting;
b) Material to be distributed to Council during a Meeting can only be
distributed by the Clerk or the Clerk’s designate.
07.11 Petitions
Petitions presented during a Council or Committee Meeting shall be provided
to the Clerk and the Clerk shall process the petition in accordance with the
City’s procedures pertaining to petitions.
By-law XXXX/23 Page 17
07.12 Change in Order of Business
All business shall be taken up in the order in which it appears on the agenda
unless otherwise decided by a Majority vote of the Members present and
voting.
07.13 Consideration of Items
Council may consider any matter without referring it to a Committee or may
refer it to a Committee or to any number of Committees, and may withdraw a
matter from a Committee at any time.
07.14 Staff/Consultant Delegations for Staff Reports
Where possible, a staff report that includes a Consultant Delegation shall be
listed first under Matters for Consideration (Standing Committee Agendas) or
New and Unfinished Business (Council Agendas), so that the consultant may
leave the Meeting after their item has concluded to avoid additional costs to
the City should there be a large volume of reports on the agenda.
07.15 Adjournment Hour
a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m.
b) In the event the business before Council has not been completed at
the hour of 11:00 p.m., the Committee or Council may, by a Majority
vote of the Members present, approve an extension of the Meeting to
the hour of 12:00 a.m.
c) Motions to continue past 11:00 p.m. are not debatable.
d) At 12:00 a.m., any unfinished business shall be deferred to the next
Regular Meeting of the Committee or Council, unless a resolution is
made to hold the Meeting on another day and time prior to the next
Regular Meeting of the Committee or Council. A resolution to hold the
Meeting on another day and time requires a Majority vote and if
adopted, the Meeting cannot be scheduled sooner than 48 hours after
the original Meeting in order to provide Council, staff and interested
parties an opportunity to make arrangements to attend the rescheduled
Meeting.
e) In either instance noted above, and if at a Council Meeting, a
confirmatory by-law shall be adopted before the original Meeting
adjourns in order to ratify the business that has already been
conducted. Items deferred to another Council Meeting agenda will be
confirmed through the Confirmatory By-law of that Meeting.
Delegations shall not be permitted for items that are deferred to a
future Meeting under this Section as they would have already had
opportunity to delegate at the original Meeting.
08 Delegations
By-law XXXX/23 Page 18
08.01 Delegations
a) Delegations shall be directed to the appropriate Standing Committee
having charge of the matter which is the subject of the Delegation.
b) Delegations that were not able to attend a Standing Committee Meeting,
or that have already appeared at a Standing Committee regarding a
particular matter, are permitted to delegate at Council on those matters,
however, those who have already delegated at the Standing Committee
may only delegate at Council if they have additional or new information
about the matter..
c) Despite clause a) above, a Delegation may delegate directly to Council if
the matter in which they are delegating did not first appear at a Standing
Committee or if the Clerk determines that the matter is of an urgent nature
and cannot wait for the next applicable Standing Committee Meeting.
d) All in-person Delegations, for items listed on an agenda, shall register in
writing with the Clerk by 12:00 noon on the day of the Meeting.
e) All electronic Delegations, for item listed on an agenda, shall register in
writing with the Clerk by 12:00 noon on the business day prior to the
Meeting.
f) All Delegations for items not listed on an agenda shall register ten (10)
days prior to the Meeting.
g) Delegations that have not registered in writing by the timelines noted
above shall only be heard if permitted by a Two-Thirds Majority vote of
Members present at the Meeting.
h) Members of the public may submit written comments in addition to, or in
lieu of, a verbal Delegation, by noon on the business day prior to the
Meeting and such written comments shall be provided to all Members of
Council prior to the Meeting through the Supplemental Information
Package.
i) A Delegation appearing before Council or Committee for items not listed
on an agenda shall not be placed on an Agenda to discuss the same
matter within six (6) months of the last appearance by the same delegate.
j) Delegations shall not be permitted to speak before a Committee or
Council for the sole purpose of generating publicity for an event, a product
or a service.
k) Delegations shall not be permitted to speak to matters which have been
referred to staff for a report until the matter is before a Standing
Committee or Council.
l) Delegations shall not be permitted to speak to matters which are not within
Council’s jurisdiction.
By-law XXXX/23 Page 19
m) Delegations shall not be permitted to speak to matters which have been
decided upon by Council unless the matter is before Council for
reconsideration.
n) Delegations will not be permitted for deferred items except for those who
did not delegate on the matter when it originally appeared before the
Committee or Council prior to it being deferred.
o) Delegations shall not be permitted to speak to a report provided by the
City’s Integrity Commissioner.
p) A maximum of five (5) minutes shall be allotted for each Delegation at a
Meeting.
q) A Delegation will not be permitted to take any unused time allocated to
another Delegation.
r) Should there be one or more individuals that register to speak as a group,
the group shall be allotted five (5) minutes to delegate.
s) The 5 minute Delegation speaking limit may be extended by two (2)
additional minutes if approved by a motion duly moved and seconded and
carried by a Majority vote of the Members present.
t) Delegations are encouraged not to repeat information presented by an
earlier Delegation at the same Meeting.
08.02 Delegations at a Statutory Public Information Meeting
Delegations for Statutory Public Information Meetings, who are participating
electronically, must register with the Clerk by noon the business day prior to the
Meeting.
Delegations appearing in person for Statutory Public Meetings are encouraged to
register with the Clerk by noon on the day of the Meeting. Delegations will be
permitted from the gallery without prior registration only during the Statutory
Public Information Meeting portion of a Meeting held under the provisions of the
required statute, but shall be heard after all Delegations, either electronically or in-
person, who have pre-registered with the Clerk by the applicable deadlines.
08.03 Delegations Requesting Action
Delegations which appear at a Meeting and request that action be taken shall, if
required by a Majority of the Members present at the Meeting, be referred to City
staff for a report that shall be dealt with at a future Meeting. The direction to refer
such a matter to City staff shall include the Committee or Council Meeting that the
matter shall be presented at.
08.04 Audio Visual Equipment for Delegations
By-law XXXX/23 Page 20
The City’s audio visual equipment may be used to assist in presentations by
Delegations, provided that permission has been obtained for use of such
equipment from the Clerk. All presentation materials must be delivered to the
Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is
to appear.
08.05 Priority of Delegations
Delegations shall be listed on the agenda in the order in which the Clerk received
the requests. For Statutory Public Information Meetings, where more than one
person wishes to make a Delegation on a particular matter, the proponent or their
authorized representative, will be listed last in order to afford the proponent the
opportunity of making a Delegation after all other interested persons have done
so.
08.06 Conduct of the Delegation
a) The Chair may impose restrictions on any Delegation and any questions
to a Delegation for disorder or any other breach of this By-law and, if the
Chair rules that the Delegation is concluded, the person or persons
appearing shall end the Delegation.
b) Delegations shall not:
i) speak disrespectfully of any person;
ii) use offensive words;
iii) speak on any subject other than the subject for which they have
received approval to address Committee or Council;
iv) disobey a decision of the Chair, the Committee or Council;
v) debate with other Delegations, City staff, Council Members or the
Chair.
08.07 Questions to the Delegation
a) Upon the completion of a Delegation, any discussion between Members
and the Delegation shall be limited to asking questions for clarification
and/or obtaining additional, relevant information only.
b) All questions to a Delegation from Members shall be stated succinctly.
Members shall not question a Delegation for the purpose of expanding the
scope of the Delegation’s remarks or for adding the Member’s own
statements through the Delegation. Delegations are an opportunity for
Delegates, not Members, to make their views known. Questions from
Members such as “are you aware”, “do you agree” or “wouldn’t you say”
shall not be permitted as they do not seek clarification or additional
relevant information. Members shall not enter into debate with
Delegations. Questions to the Delegation shall be presented in a
courteous and non-argumentative manner.
By-law XXXX/23 Page 21
c) Once a motion has been moved and seconded, no further representation
from or questions of the Delegation shall be permitted.
09 Electronic Participation
09.01 A Member of Council may participate electronically in a Meeting that is either
open or closed to the public should they be unable to participate in person for
reasons pertaining to a medical condition or illness (pertains to either the
Member or the Member’s Immediate Family Member), City business, or in the
event of a situation or pandemic in which physical distancing, limited gatherings
or quarantine measures are required by local, provincial or federal public health
agencies. A Member of Council participating electronically shall be counted in
determining whether or not a Quorum of Members is present at any point in time
and shall have all the rights of any other Member who is participating in person.
09.02 A Member of a local board, task force, an advisory or ad-hoc committee, may
participate electronically in a Meeting that is either open or closed to the public
and in doing so may be counted in determining whether or not a Quorum of
Members is present at any point in time and shall have all the rights of any other
Member who is participating in person.
09.03 The Clerk may provide for electronic participation of staff at any Meeting,
including the Clerk. The Clerk may also provide for electronic participation for
consultants or anyone who has been hired by the City to provide services or
expertise on a particular matter or project. Such electronic participation is not
limited to an audio connection and consultants may be provided with a link to
appear by video during an electronic Meeting.
09.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for
electronic participation for all Members of Council should the appropriate
meeting space containing the required technology (including the necessary
components to operate the livestreaming of the proceedings) not be available
for any reason, in order to comply with the open Meeting rules under the Act.
09.05 Electronic Meetings are those held by means of telecommunication instruments
including but not limited to telephones, video conferencing, computers with
internet access and conferencing platforms and software programs. The means
used to facilitate an electronic Meeting shall be determined by the Clerk.
09.06 A Member must provide sufficient notice to the Clerk, their designate, or the
Staff Liaison of a Committee, of their intent to participate electronically in a
Meeting to ensure the proper technology is enabled to make electronic
participation possible. The Member must give at least 48 hours’ notice of their
intent to join the Meeting electronically unless extraordinary circumstances
apply.
09.07 A member of the public may delegate via electronic participation through the use
of a video connection into the electronic meeting platform, and the Clerk shall
arrange for such Delegations. Delegations connected through video shall not be
permitted to activate their camera or microphone unless invited by the Chair to
By-law XXXX/23 Page 22
do so. A member of the public delegating electronically shall abide by all of the
Meeting decorum provisions of this By-law.
The Clerk may require any Delegation to participate electronically in the event of
any situation (including a pandemic) in which physical distancing, limited
gatherings or quarantine measures are required by local, Provincial or Federal
public health agencies, or for the reasons outlined in Section 09.04.
09.08 Where a member of the public requests to participate electronically, it is the
delegate’s responsibility to ensure they have the appropriate technology to
connect to the Meeting. Where technical issues arise in connecting a Delegate
into a Meeting, it shall in no way affect the validity of the Meeting or any action
taken at the Meeting. In lieu of a successful electronic connection, members of
the public may submit written comments to the Clerk which shall be distributed
to all Members of Council after the Meeting.
09.09 If the live stream stops working during a Meeting that involves electronic
participation (full or hybrid), the Meeting shall recess for 15 minutes while the
live streaming issues are resolved. If the issues cannot be resolved during the
15 minute recess, then the Meeting will be adjourned until the live stream is
restored.
09.10 Subject to these provisions for electronic participation, all other provisions of the
Procedure By-law continue to apply and the Chair shall determine and maintain
order of the Meeting as needed.
10 Conduct at Meetings
10.01 Members of the Public
The Chair will ensure that members of the public are respectful of Council, staff,
Delegations and all attendees at the Meeting by not heckling, speaking
disruptively, making comments or applauding.
All communication devices shall be set to silent during a Meeting, with the
exception of assistive listening devices or other provisions required by persons
with disabilities.
10.02 Members of Committee and Council shall:
a) act in accordance with their Declaration of Office and the provisions of this
By-law;
b) treat the Chair, other Members, staff and delegates from the public with
courtesy, respect and good faith;
c) hold in strict confidence all information concerning matters dealt with in
Closed Meetings;
d) not speak disrespectfully of the Reigning Sovereign, or of any of member
of the Royal Family, or of the governor-general, the Lieutenant-Governor
By-law XXXX/23 Page 23
of any Province, of any member of the Senate, the House of Commons of
Canada or the Legislative Assembly of the Province of Ontario;
e) not use offensive words or unparliamentarily language in or against
Council or against any Member;
f) not speak on any subject other than the motion being debated;
g) not criticize any decision of Council except for the purpose of moving a
motion to reconsider a previous decision of Council;
h) refrain from engaging in private conversations while in a Meeting and from
using communication devices in a disruptive manner;
i) inform the Clerk of their absence prior to any Meeting in which they will be
absent.
10.03 Actions When a Member’s Behaviour is Inappropriate
The Chair may Call the Member to Order and take one or more of the following
actions:
a) decide that there was no breach of the rule;
b) ask the Member in breach of the rules to stop the behaviour;
c) ask the Member to withdraw what was said; or
d) ask the Member to apologize.
10.04 If previous attempts to call the Member to order have failed, the Chair may refrain from
recognizing the Member for the balance of the Meeting, in which case the Member shall
not be permitted to speak or vote for the remainder of the Meeting.
11 Order of Business for Council Meetings
11.01 The Order of Business for the Regular Meetings of Council shall be as follows:
a) Call to Order/Roll Call
b) Moment of Reflection
c) Indigenous Land Acknowledgment Statement
d) Disclosure of Interest
e) Adoption of Minutes
f) Presentations
g) Question Period
By-law XXXX/23 Page 24
h) Delegations
i) Correspondence
j) Committee Reports
k) New and Unfinished Business
l) Motions and Notices of Motion
m) By-laws
n) Confidential Council
o) Regional Councillor Updates
p) Other Business
q) Confirmatory By-law
r) Adjournment
12 Moment of Reflection and Indigenous Land Acknowledgement Statement
At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall
pause for a silent moment of reflection and after such moment has passed, shall
read out the Indigenous Land Acknowledgment Statement.
13 Presentations
a) Charities, organizations or individuals wishing to address Council to inform
Members of special events or achievements, to seek Council’s recognition
of an event or achievement or to make a presentation to Council shall
request the opportunity to be granted Presentation status.
b) It shall be the duty of the Mayor to make Presentations and to accept
Presentations, on behalf of Council, at Meetings of Council. Where a
Presentation is made or accepted from an organization on which a
Member of Council has been appointed to sit, the Presentation shall be
jointly made or accepted with the appointed Member of Council. Where
appropriate, Presentations may be made or accepted jointly with another
Member or Members of Council at the discretion of the Mayor.
c) The request for Presentation status shall be submitted to the Clerk, in
writing, no later than 14 days preceding the Meeting at which the
Presentation is to be made.
By-law XXXX/23 Page 25
14 Question Period
a) An opportunity will be provided for any member of the public who is
physically in attendance at the Meeting, to ask the Mayor a question
pertaining to any matter appearing on the Council agenda.
b) All questions will be answered by the Mayor, unless in the Mayor’s opinion
the answer could be better provided by another Member of Council or City
staff.
c) The Question Period shall be limited to a total of 20 minutes unless
extended by the Mayor/Chair.
d) The dialogue that takes place during the Question Period shall not be
included in the formal Meeting minutes, and there shall be a general
statement in the minutes under the Question Period header that states “A
general question and answer period ensued”. Should a member of the
public wish to understand what questions and answers were provided,
they may view the meeting video posted on the City’s website.
15 Correspondence
15.01 Correspondence received in the Clerk’s Office for distribution to Council shall be
provided through a weekly Council Information Index (CII). The Clerk shall
prepare the CII and it shall be delivered to Members of Council every Friday
afternoon by email and shall be copied to the CAO, Directors, and any other staff
as determined by the Clerk.
15.02 Members of Council may pull any item from the CII and make a request in writing
to the Clerk to place the item on the next regular Council Meeting agenda under
Correspondence. The Member must identify the correspondence number and
specific subject matter in their request to the Clerk, and shall copy all Members of
Council, the Mayor, and the CAO on such requests. The Member shall also
provide the accompanying recommendation relating to the disposition of the
correspondence and such recommendation shall be included in the Council
Meeting agenda with the item for Council’s consideration and disposition as it
deems appropriate.
15.03 Correspondence shall be presented at Council Meetings only and shall be legibly
written or printed, shall not contain any impertinent or improper matter or
language and, shall be signed by at least one person and shall be filed with the
Clerk by no later than 12:00 noon on the Tuesday before the Council Meeting in
which it will be considered.
15.04 In addition to correspondence requested by a Member of Council, from time to
time, the Clerk shall include correspondence memos from staff pertaining but not
limited to, annual work plans and updates from Committees through the
designated staff liaison, appointments of Members of Council to various
Committees in accordance with Policy ADM 045, and correspondence from the
Ombudsman or the City’s Integrity Commissioner. Any proposed
By-law XXXX/23 Page 26
recommendations relating to these pieces of correspondence shall be at the
discretion of the Clerk and will be included on the Council agenda for Council’s
consideration and disposition as it deems appropriate. Any correspondence from
the Ombudsman or Integrity Commissioner will be provided in the weekly Council
Information Index so that Members are aware of and have opportunity to read the
correspondence prior to it being printed in a Council agenda.
16 Committee Reports
16.01 Standing Committee reports shall be forwarded to the first regular Council
Meeting following the Meeting of the Standing Committee and shall be listed
under the Committee Reports section of the agenda.
16.02 Any Reports referred back to staff at a Standing Committee shall be included
in the Committee Report with a notation that the matter was referred back to
staff at the Committee Meeting. The matter will come before Council in a
subsequent Committee Report on a future Council Agenda once the matter
has returned to the appropriate Standing Committee Meeting.
16.03 Should a Standing Committee not provide a recommendation on a matter, or
defeat a staff recommendation, the Clerk shall include the item on the Council
agenda as part of the Committee Report and shall include a notation that
states “No Committee Recommendation -Council Direction Required”. The
original staff recommendation shall be listed for reference purposes only to aid
Council in their deliberations on the matter. Council may discuss, debate,
adopt, amend or defeat the original staff recommendations as it deems
appropriate.
17 New and Unfinished Business
17.01 Reports of an Urgent Nature
Departmental reports which are deemed by the CAO to be of an urgent nature,
due to timing or public importance, and which cannot be presented through the
regular Standing Committee cycle, may be listed under the New and
Unfinished Business section of a Council agenda for Council’s consideration.
Whenever possible, staff reports shall be presented to the appropriate
Standing Committee rather than going directly to Council to provide as much
notice to the public and Council as possible.
17.02 Introduction of a Motion
a) If a motion by a Member of Council cannot be presented through the
Notice of Motion process outlined in this By-law, a Member may, with
the consent of Two-Thirds of the Members present, introduce a motion
under New and Unfinished Business if the motion is of an urgent nature.
Introduction of a motion without prior notice shall only be used in
exceptional circumstances as it does not provide for public notice of the
matter being presented and considered.
By-law XXXX/23 Page 27
b) A Member desiring to introduce a Motion must do so in writing to the
Clerk in advance of the Meeting when possible.
18 Notices of Motions
18.01 A Notice of Motion is required for motions that are initiated by a Member of
Council looking to introduce a new matter.
18.02 A Member desiring to give notice of a motion must do so verbally at any
Meeting, at least ten (10) days prior to the Meeting at which the motion will be
presented. Introduction of a notice of motion must be done under “Other
Business”.
18.03 In order to be listed in the applicable Council agenda, a copy of the motion
being considered by Council, must be forwarded to the Clerk, signed by the
mover and seconder, no later than 12:00 p.m. on the Tuesday prior to the
Council Meeting at which the motion will be considered. In providing the
motion to the Clerk, the Member shall copy the Mayor, all other Members of
Council, the CAO, and Directors, for their information and awareness that the
motion will be forthcoming.
18.04 The Clerk, upon receipt of a motion described in this Section, shall print the
motion in full in the agenda for the Council Meeting at which the matter will be
considered.
18.05 A motion printed in the agenda need not be read unless requested by a
Member and shall be deemed to be in possession of the Council when stated
by the Chair at the appropriate time during the Meeting.
18.06 A Notice of Motion that has been introduced but does not appear on a Council
agenda within two regular Council Meetings shall not be included on any
Council agenda, unless otherwise directed by Council. Should the Member
wish to bring the matter forward again, notice of the motion at a future Meeting
will be required in accordance with the provisions of this By-law
18.07 In drafting a motion, Members of Council shall consult with the CAO and/or
appropriate City staff, to ensure that any technical information contained in the
motion is accurate and actionable and that it aligns with the City’s Strategic
Plan.
18.08 Despite being consulted on the technical information contained in a motion,
staff do not have to agree with the merits of the motion being presented by a
Member of Council.
19 By-laws
19.01 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of a particular by-law or by-laws, in which case the
subject by-law(s) shall be removed from the motion and dealt with separately.
By-law XXXX/23 Page 28
19.02 Every by-law, when introduced, shall be complete except for the by-law
number and shall contain no blanks except such as may be required to
conform to accepted procedure or to comply with the provisions of any statute.
19.03 Every by-law which has been approved by Council shall be numbered, dated,
sealed with the seal of the Corporation, signed by the Mayor and the Clerk and
retained by the Clerk as a permanent City record in accordance with the City’s
Records Retention By-law.
20 Regional Councillor Updates
A Regional Councillor may give a verbal update pertaining to matters before
the Council of the Regional Municipality of Durham to inform other Members,
City staff or the public.
21 Other Business
21.01 Other Business
At any Meeting under Other Business, Members may congratulate, report on
events and promote upcoming events of public importance or interest
however, such comments shall not be included in the official Meeting minutes.
21.02 Notice of Motion
A Member who wishes to give notice of a motion shall do so under “Other
Business”.
21.03 Substantive Information Reports
A Member may move a motion requesting a substantive report from staff and
such motion shall require a seconder and the approval of a Majority of the
Members present at a Meeting. Such requests shall identify the appropriate
Department and/or Director, the objective(s) of the report, and the Standing
Committee or Council Meeting the report is to be presented at. Any Member
moving a motion for a Substantive Report shall consult with the CAO to ensure
that the timelines for reporting back are consistent with existing staff workplans
and priorities.
22 Confirmatory By-law
At the conclusion of all Regular and Special Meetings of Council, and prior to
adjournment, a By-law shall be brought forward to confirm the proceedings of
the Council in respect of all motions, resolutions and other actions taken at the
Meeting. A Confirmatory By-law, when introduced, shall be taken as having
been read and shall be voted on without debate.
23 Order of Business for Standing Committee Meetings
23.01 The Order of Business for Regular Standing Committees shall be as follows:
By-law XXXX/23 Page 29
a) Call to Order/Roll Call
b) Disclosure of Interest
c) Delegations
d) Matters for Consideration
e) Member Updates on Committees
f) Other Business
g) Adjournment
The provisions noted in the preceding section describing the order of business
on a Council Agenda shall also apply to the same sections at Standing
Committee Meetings. The following provides an explanation of the additional
sections contained on Standing Committee agendas.
23.02 Member Updates on Committees
Members may provide updates as the Council representative for a Committee
of Council. Such updates shall be limited to a verbal update, and may provide
information on the Committee’s Workplan, ongoing mandate, or any other
matter that is before the Committee. Any recommendations of the Committee
must be presented in accordance with Policy ADM 040, Committees and
Taskforces of Council, and through the applicable staff liaison for the
Committee and shall not be presented during a Member’s update on a
Committee.
24 Rules of Debate
24.01 No Member shall be deemed to have precedence or seniority over any other Member.
24.02 When a Member is speaking, no other Member shall interrupt that Member except to
raise a point of order or privilege.
24.03 During debate, and while the Chair is speaking, or when the Council is engaged in
voting, no Member is permitted to disturb the Council by whispering, or walking across
the floor, or in any other way except to raise a point of order or privilege.
24.04 Any Member may require a motion under discussion to be read at any time during the
debate but not so as to interrupt a Member who is speaking. Despite this provision, if a
motion is printed in an agenda, there shall not be a requirement for the motion to be
read aloud.
24.05 Before speaking to a matter or motion, a Member shall raise their hand and be
recognized by the Chair prior to speaking to any matter and shall speak through the
Chair.
By-law XXXX/23 Page 30
24.06 When two or more Members wish to speak, the Chair shall recognize the Member who,
in the opinion of the Chair, first signified their intention to speak.
24.07 After the Chair has called the vote on a motion, no Member shall speak to the motion,
nor shall any other motion be presented until, after the result of the vote has been
declared.
24.08 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
Committee or Council unless it is for purposes of requesting a higher level of
government to take a specific action or make changes to policy or legislation.
24.09 Speaking to a Motion
A maximum of five (5) minutes shall be allotted to each Member wishing to
speak to present their position on the motion. No Member shall speak more
than once to the same motion except:
a) with leave of the Chair, for not more than five (5) additional minutes,
in explanation of a material part of their speech which may have been
interpreted incorrectly;
b) with leave of the Chair, for not more than five (5) additional minutes,
after all other Members so desiring have spoken; or
c) in reply, as may be allowed with leave of the Chair, by the Member
who presented the motion, in which case the Member shall speak for
no longer than a five (5) minute period.
24.10 Questioning the Motion
a) A Member may ask a question during the course of debate only for
the purpose of obtaining information relating to the motion under
discussion and such question must be stated concisely and asked
only through the Chair.
b) Notwithstanding the above, when a Member has been recognized as
the next speaker, such Member may immediately before speaking
ask a question through the Chair on the motion under discussion, but
only for the purpose of obtaining information, following which the
Member shall speak.
24.11 Proceedings Decided by Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal of the Chair’s decision by a Member of the Committee or
Council.
By-law XXXX/23 Page 31
24.12 Chair’s Decision Final Unless Appealed
Unless a Member immediately appeals to the Council the Chair’s decision, the
decision of the Chair shall be final.
24.13 Appeal of Decision of Chair
A Member may appeal any decision of the Chair. The appeal must occur
immediately after the Chair states the decision. If the Member appeals the
Chair’s decision, it shall be done by a duly moved and seconded motion, and
Council shall decide the question without debate and the decision shall be
final. The motion before Council would be “Do you support the Chair’s ruling,
“Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is
entitled to vote on the question.
25 Points of Order
25.01 A Member may at any time, raise a point of order to call attention to a violation
of the Rules of Procedure and the Member must state the point of order to the
Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of
order immediately without debate and advise the Members of the decision.
25.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
26 Points of Privilege
26.01 Where a Member considers that the health, safety, rights and/or the integrity of
anyone present at the Meeting has been impugned, they may at any time,
raise a point of privilege.
26.02 A point of privilege shall take precedent over other matters, but the Members
shall not be permitted to enter into any argument or debate. The Mayor/Chair
shall decide on the point of privilege immediately and advise the Members of
the decision.
26.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
26.04 Where the integrity of the staff or the CAO has been impugned, the
Mayor/Chair may permit the CAO to make a statement to the Committee or
Council.
27 Motions
27.01 Except as otherwise provided in this By-law, all motions must be duly moved and
seconded before the motion can be put on the floor for consideration and before the
Mayor/Chair can call the question. All motions, including amendments, shall be in
writing to ensure that all Members and the public are fully aware of the motion being
voted on.
By-law XXXX/23
27.02
27.03
27.04
27.05
Page 32
Direction to staff will be by motion except where the Chair, in consultation with senior
City staff at the Meeting determines that a motion is not necessary.
Once a motion is in the possession of the Committee or Council, the mover may
withdraw the motion at any time prior to it being amended or decided and such
withdrawal may be made without consent of the seconder.
Motions in Order of Precedence
The following motions are in order of precedence and can only be made if no motion
of higher precedence is on the floor. Motions are listed in order from the bottom to the
top. All motions listed below require a Majority vote of the Members present to be
carried unless otherwise stated:
a) Motion to Adjourn
b) Motion to Recess
c) Motion to Table
d) Motion to Call the Question (requires 2/3 Majority)
e) Motion to Defer
f) Motion to Refer
g) Motion to Amend
h) Motion to Suspend of the Rules (requires 2/3 Majority)
i) Motion to Divide
j) Main Motion
Motion to Adjourn
a) Is not debatable or amendable;
b) Is always in order except:
i. when a Member is speaking or during the taking of a vote;
ii. immediately following the affirmative resolution of a motion that a
vote on the matter now be taken; and,
iii. when a Member has already indicated to the Chair that they wish to
speak on the matter.
c) If carried, requires that the Meeting end immediately, regardless of the
stage of proceedings;
d) If not carried, a motion to adjourn shall not be made again until further
proceedings have been conducted by the Committee or Council;
By-law XXXX/23 Page 33
e) If the motion is to adjourn to a specific time, and if carried, it suspends
the Meeting to continue at such specific time stated.
27.06 Motion to Recess
a) A motion to recess is not debatable, shall specify the length of the recess,
and may only be amended with respect to the length of the recess;
b) Despite the aforementioned, the Chair may also call a recess for no more
than 15 minutes without requiring a motion.
27.07 Motion to Table
a) A motion to table temporarily sets aside a pending motion (or a series of
pending motions) to consider another matter deemed more urgent;
b) Is not debatable or amendable and shall not include additional
instructions;
c) The matter tabled shall not be considered again until a motion has been
made to lift the matter from the table;
d) If a motion is not taken from the table by the next Regular Meeting of
the Committee or Council, the motion dies;
e) A Member shall not be allowed to speak to a motion and immediately
move a tabling motion;
f) A motion to table is not in order to intentionally kill a motion.
27.08 Motion to Call the Question
a) A Member may request the Chair call the question by presenting a
motion that the question “now be put to a vote”;
b) Shall require a 2/3 Majority vote of the Members present;
c) A motion to call the question is not debatable or amendable and
cannot be proposed when there is an amending motion under
consideration except for the purpose of moving that the amending
motion be put to a vote.
27.09 Motion to Defer
a) A motion to defer a matter to a different time must include time, place,
and the purpose of the deferral, and shall be in order after a motion is
read or stated by the Chair;
b) Is debatable and amendable however debate and any amendment
shall be confined to the time and place to which the matter shall be
deferred;
By-law XXXX/23 Page 34
c) The deferred matter will return in the same format as originally
presented, to the time and place stated in the motion to defer.
27.10 Motion to Refer
a) A motion to refer a matter to a Committee, Council or City staff must include
the body to which it is being referred, the purpose of the referral, and the time
in which it shall be returned (if applicable);
b) A motion to refer a matter is debatable and amendable however debate and
any amendment shall be limited to the time and place of the referral;
c) A motion to refer shall be disposed of by the Committee or Council before the
original motion or any other motion pertaining to the original motion and if
carried, requires that consideration of the motion cease and the Meeting
proceed to the next item of business.
27.11 Motion to Amend
a) shall be presented in writing whenever possible;
b) shall be relevant to the main motion;
c) shall not be in order if it proposes a direct negative to the main
motion;
d) shall be disposed of before the main motion;
e) Is debatable and amendable;
f) a motion to amend an amending motion shall be disposed of before
the motion to amend the original main motion;
g) only one motion to amend an amendment to the original motion shall
be allowed and any further amendment must be to the original main
motion.
27.12 Motion to Suspend the Rules
a) Any procedure required by this By-law may be suspended by a Two-
Thirds Majority vote of the Members present unless otherwise
provided for in any Act;
b) Shall not be used to suspend the rules pertaining to Quorum or the
provisions for open Meetings;
c) A motion to suspend the rules is not debatable or amendable and
shall not include additional instructions;
d) If a motion to suspend the rules is adopted, the Chair shall observe
and enforce the Rules of Procedure as altered by the resolution.
By-law XXXX/23 Page 35
27.13 Motion to Divide
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. A motion to divide is not
debatable or amendable and shall not included any additional instructions.
For clarity, a motion to divide shall be handled as follows:
a) A main motion is duly moved and seconded;
b) A mover and seconder move for a “motion to divide” the main motion
into separate items so that they may be voted on individually;
c) The Chair calls the vote on the motion to divide, which is not
debatable;
d) If the motion to divide carries, the Chair will call the vote on the
divided items separately and then on the balance of the main motion
as applicable.
27.14 Motion to Reconsider a Previous Decision of Council
a) A Member who voted on the prevailing side of a main motion may
move for reconsideration of a decision of Council provided that no
action has been taken on any part of the matter that cannot be
undone;
b) A reconsideration motion requires a Two-Thirds Majority vote of the
Members present and no discussion of the original motion shall be
allowed until the motion for reconsideration has carried;
c) Reconsideration may be done at the same Meeting in which the
matter was decided, and if the motion to reconsider carries, the
reconsideration of the original resolution shall become the next order
of business;
d) If not done at the same Meeting in which the matter was decided, a
Member may give notice of a motion for reconsideration of the
matter at a subsequent Meeting. Such notice shall be given in
accordance with Section 18 of this By-law. The resolution being
reconsidered will be placed on the next Regular Council agenda
under New and Unfinished Business. The previously adopted
resolution of Council remains in force unless and until Council
adopts a new resolution;
e) A motion to reconsider is debatable only to the extent of the
rationale for reconsidering the matter, and no debate of the matter
itself shall be allowed unless the motion to reconsider carries;
f) No matter shall be reconsidered more than once within 12 months;
By-law XXXX/23 Page 36
g) A notice of a written decision of the Ontario Land Tribunal (OLT)
with regard to an appeal that requires Council to make a new
decision, shall not be deemed a reconsideration of a Council
decision in accordance with the provisions of this By-law.
27.15 Motion to Rescind
a) A motion to rescind a previous resolution of Council may be moved
by any Member provided that no action has been taken on the
matter that cannot be undone. Notice of a motion to rescind a
previous decision of Council shall be given in accordance with
Section 18 of this By-law;
b) A motion to rescind is debatable only to the extent of the rationale
for rescinding the decision of Council;
c) A motion to rescind a previous decision requires a Two-Thirds vote
of the Members present and if the motion to rescind the prior
decision carries, the resolution previously adopted by Council is
immediately of no further force or effect;
d) If it is possible to use a motion to reconsider, the motion to rescind
shall not be in order.
28 Voting
28.01 Requirement to Vote
All Members present and seated must vote. If a Member is present and
does not vote they are deemed to have voted in the negative, except where
the Member is disqualified from voting.
28.02 Vote Not Allowed
A Member not in their seat when the question is called by the Chair is not
entitled to vote on that question.
28.03 Voting on Amendments
Amendments are voted upon before the main motion and if there are
numerous amendments, the Chair may place them in the most logical,
practical and expeditious order for consideration.
28.04 Determination of Votes
The manner of determining the decision of Committee or Council on a motion
shall be by the prominent show of hands.
28.05 No Secret Voting
No vote may be taken by ballot or any other method of secret voting.
By-law XXXX/23 Page 37
28.06 Decorum While Calling Vote
When the Chair calls for the vote on a motion, each Member shall occupy
their seat, and shall remain in their seat, until the result of the vote has been
declared by the Chair, and during such time no Member shall cross the floor
or speak to any other Member or make any noise or disturbance.
28.07 Disagreement with Result of Vote
If a Member disagrees with the announcement of the Chair that a motion is
carried or defeated, the Member may, but only immediately after the
declaration by the Chair, object to the declaration and a Recorded Vote shall
be taken.
28.08 Recorded Votes
Where a vote of Committee or Council is taken for any purpose, a Member
may request, immediately prior or immediately subsequent to the taking of
the vote, that the vote be recorded. Each Member present, beginning with
the requester of the Recorded Vote, and continuing alphabetically from that
Member onward, except a Member who is disqualified from voting by reason
of interest or otherwise, shall announce their vote openly and the Clerk shall
record each vote. The Mayor shall be called upon to vote following all other
Members.
28.09 Vote of the Chair
The Chair, except when disqualified to vote by reason of interest or
otherwise, may vote with the other Members on all questions.
29 Contingencies
In all contingencies not provided for in this By-law, the question shall be
decided by the Chair and in making such a ruling, the decision shall be
based on Robert’s Rules of Order.
30 Commencement and Administration
30.01 This by-law shall be administered by the Clerk.
30.02 The Clerk shall be authorized to make minor corrections to any By-law,
Motion, Resolution, minutes or other Council document to eliminate technical
or typographical errors.
30.03 By-law 7926/22 is hereby repealed.
________________________________
________________________________
By-law XXXX/23 Page 38
30.04 The short title of this by-law is the “Procedure By-law”.
By-law passed this 23rd day of May, 2022.
Kevin Ashe, Mayor
Susan Cassel, City Clerk
Attachment #2 to Report CLK 06-23
The Corporation of the City of Pickering
By-law XXXX/23
Being a by-law to govern the proceedings of Council, any of its
Committees, the conduct of its Members, and the calling of
meetings.
Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that
every municipality shall pass a procedure by-law for governing the calling, place and
proceedings of meetings.
Now therefore the Council of the Corporation of the City of Pickering hereby enacts as
follows:
Index
01 Definitions
Page
5
02 Application of this By-law 7
03 Duties 7
Members
Mayor or Chair
04 Disclosures of Pecuniary Interest 9
05 Types of Meetings 10
Inaugural Meeting
Regular Council Meetings
Regular Standing Committee Meetings
Special Meetings of Council or a Standing Committee
Education & Training Sessions
Closed Meetings
Statutory Public Meetings
Other Committee Meetings
Ad Hoc Committee
Upper Tier Council Meetings – Appointment of Alternate Member
06 Notification of Meetings 17
Public Notification
Emergency Notification
Cancellation/Postponement of Meetings
07 Meetings 18
By-law XXXX/23 Page 2
Place of Meetings
Information pertaining to a Committee or Council Meeting
Chairing of Meetings
Absence of Chair
Calling the Meeting to Order
Quorum
Clerk’s Attendance at Meetings
Recording of Minutes
Signs, Banners, Emblems, Flags, Cameras, and Video Recordings
Access to Council Floor
Petitions
Change in Order of Business
Consideration of Items
Staff/Consultant Delegations for Staff Reports
Adjournment Hour
08 Delegations 22
Delegations
Delegations at a Statutory Public Meeting
Delegations Requesting Action
Audio Visual Equipment for Delegations
Priority of Delegations
Conduct of the Delegation
Questions to the Delegation
09 Electronic Participation 26
10 Conduct at Meetings 27
Members of the Public
Members of Committee and Council
Actions When a Member’s Behaviour is Inappropriate
11 Order of Business for Council Meetings 29
12 Moment of Reflection and Indigenous Land Acknowledgement Statement 29
13 Presentations 29
14 Question Period 30
15 Correspondence 30
16 Committee Reports 31
By-law XXXX/23 Page 3
17 New and Unfinished Business 31
Reports of an Urgent Nature
Introduction of a Motion
18 Notices of Motions 32
19 By-laws 33
20 Regional Councillor Updates 33
21 Other Business 33
Other Business
Notice of Motion
Substantive Information Reports
22 Confirmatory By-law 34
23 Order of Business for Standing Committee Meetings 34
Order of Business for Regular Standing Committees
Member Updates on Committees
24 Rules of Debate 35
Speaking to a Motion
Questioning the Motion
Proceedings Decided by Chair
Chair’s Decision Final Unless Appealed
Appeal of Decision of Chair
25 Points of Order 37
26 Points of Privilege 37
27 Motions 37
Motions in Order of Precedence 38
Motion to Adjourn
Motion to Recess
Motion to Table
Motion to Call the Question
Motion to Defer
By-law XXXX/23 Page 4
Motion to Refer
Motion to Amend
Motion to Suspend the Rules
Motion to Divide
Motion to Reconsider a Previous Decision of Council
Motion to Rescind
28 Voting 44
Requirement to Vote
Vote Not Allowed
Voting on Amendments
Determination of Votes
No Secret Voting
Decorum While Calling Vote
Disagreement with Result of Vote
Recorded Votes
Vote of the Chair
29 Contingencies 45
30 Commencement and Administration 46
-- -
By-law XXXX/23 Page 5
01 Definitions
a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended;
b) “Chair” means the person elected or chosen to preside over a Council,
Standing Committee or other typepresiding officer at a of Meeting;
c) “CAOhief Administrative Officer” means the Chief Administrative
Officer of the City of Pickering;
d) “Clerk” means the City Clerk of the City of Pickering;
e) “Closed Meeting” means a Meeting which is not open tofor the public
for reasons allowed under Section 239 of the Act attendance;
f) “Committee” means Standing Committees, Ad-Hoc Committees, and
Advisory Committees, Local Boards, and Taskforces which may be
appointed established by Council or as required under statutefrom time
to time;
g) “Council” means the Council of the City of Pickering;
h) “Councillor” means the city or regional elected representative of a
Ward on the Council of the City of Pickering;
i) “Delegation” means an address to Council or a Committee by one or
more persons who are not Members of Council, City staff,
orconsultants, or other individuals hired by the City;
j) “Deputy Mayor” means the mMember of Council appointed to act in
place of the Mayor under sSection 242 of the Act and in accordance
with Policy ADM 045;
k) “Inaugural Meeting” means the first Meeting of a new Council after a
municipal election where the declarations of office are madetaken;
l) “Immediate Family Member” means a Member’s child, parent, or
spouse;
l)m) “Majority” means greater than 50%for the purpose of voting, unless
otherwise specified, more than half of the total number of the Members
present at the vote and not prohibited from voting by statute;
m)n) “Mayor” means the Head of Council for the City of Pickering;
n)o) “Meeting” means any regular, special or other Meeting of Council, of a
Local Board or of a Committee, where a Quorum of Members is
present and the Members discuss or otherwise deal with any matter in
a way that materially advances the business or decision making of the
By-law XXXX/23 Page 6
Council, Local Board or Committee in accordance with Section 238 of
the Act;
o)p) “Member” means a member of the Council or Committee;
p)q) “Notice of Motion” means advance verbal notice, given by a Member,
to Members oadvising that the motion f a matter on which Council will
be brought forward at a future Meeting for considerationasked to take a
position;
q)r) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within
the meaning of the Municipal Conflict of Interest Act, RSO 1990, c
M.50, as amended;
r)s) “Presentation” means a ceremonial presentation of a tangible item or
recognition to or from the City of Pickering;
s) “Public Consultation Meeting” means a Meeting hosted by staff,
committee or Council in order to receive input from the public regarding
a specific matter;
t) “Quorum” means a Majority of the Members elected to Council or the
number of Members required for the legal conduct of the business of
Council or a Committee;
t)u) “Recorded Vote” means the making of a written record of the name
and the vote of each Member who votes on a questionmatter;
u)v) “Regular Meeting” means a scheduled Meeting held in accordance
with the approved annual Committee & Council calendar/schedule of
Meetings Schedule;
v)w) “Rules of Procedure” means the rules which are set forth in this bBy-
law;
w)x) “Special Meeting” means a Meeting of Council or a Committee that is
arranged outside of the normal Committee & Council
calendar/schedule of Meetings Schedule to deal with only specific
item(s) of business;
x)y) “Standing Committees” means the Executive Committee or the
Planning & Development Committee; and,
z) “Statutory Public Information Meeting” means a Meeting that is
legislated under a statute n Act and hosted by staff, a Standing
Committee or Council in order to inform the members of the public
about a matter.
By-law XXXX/23 Page 7
aa) “Substantive Report” means a written report, whereby staff are
required to gather data/information and perform an analysis of such
data/information in order to draw a conclusion and possible
recommendation or action based on the analysis which is presented to
the appropriate Standing Committee or Council;
bb) “Supplemental Information Package (SIP)” means a compilation of
information pertaining to an upcoming Meeting including but not limited
to additional Delegations who registered after the publication of the
agenda, written submissions from the public, PDF or PowerPoint
presentations related to Delegations and any other information that
Members require to aid in their decision-making at a Meeting.
Supplemental Information Packages shall be compiled by the Clerk
and provided by email to all Members on the business day prior to the
date in which the Meeting is held.
cc) “Two-Thirds” means two-thirds of the Members present at a Meeting
and not disqualified from voting on a matter. The calculation shall be
as follows:
five of seven Members
four of six Members
four of five Members
three of four Members
02 Application of this By-law
The Rules of Procedure contained in this By-law shall be observed in all
proceedings of Council and shall be the rules of order of business in Council
and Committee Meetings. Where In the case for which a provision is not
made in this By-law, the procedure to be followed shall be determined by the
Chair in consultation with the Clerk as neededa majority vote of the Members
present and voting.
03 Duties
03.01 CouncilMembers
Members of Committee and Council shall come prepared to every Meeting by
having read all the material supplied, including agendas, and sstaff reports,
and any Supplemental Information, to facilitate discussion and the
determination of action at the Meeting. Whenever possible, the Member(s)
shall consult and make inquiries of staff regarding the materials supplied in
advance of the Meeting in order to provide for meaningful dialogue and
effective decision-making of the Committee or Council.
03.02 The Mayor or Chair shall:
By-law XXXX/23 Page 8
a) Open the Meetings by taking the chair and calling the Members to
order, addressing the business before the Committee or Council, and
ruling on matters of procedure.
Announce the business before Council or the Committee and the order
in which it is to be acted upon.
b) Receive and submit, in the proper manner, all motions presented by
the Members.
c) Put to a vote all motions, which are moved and seconded, or
necessarily arise in the course of the proceedings, and announce the
result.
d) Enforce the Rules of Procedure and rule upon all procedural matters.
e)d) Restrain the Members, when engaged in debate, within the Rules of
Procedure.
f)e) Enforce on all occasions the observance of order and decorum by the
Members and any other persons present in at the ChamberMeeting.
g)f) Call by name, any Member persisting in the breach of the Rules of
Procedure and to order them to vacate the placeChamber in which the
Meeting is being held.
h)g) Where it is not possible to maintain order, the Chair may, without any
motion being put, recess or adjourn the Meeting to a time to be named
by the Chair.
i)h) Permit questions to be asked through the Chair of any staff in order to
provide Members with information to assist any debate when the Chair
deems it proper and appropriate.
j) Rule on any points of order or points of privilege without debate or
comment.
k) Rule whether a motion or proposed amendment is in order.
l)i) Ascertain that all Members who wish to speak on a motion have
spoken and that the Members are ready to vote, and shall then call the
question.
m) The Chair may speak and/or vote on any question, but if they wish to
make move or second a motion, they shall first leave vacate the Chair
by designating an Acting Chair to act in their place, until disposition of
the item has concluded and they resume the Chair.
n)
By-law XXXX/23 Page 9
o) Call for a motion to adjourn the Meeting when the business is
concluded.
p)j)
03.03 In accordance with Section 259(1) of the Act, the office of a Member becomes
vacant if the Member is absent from the Meetings of Council for three
successive months without being authorized to do so by a resolution of
Council. This section does not apply to a Member who is absent for 20
consecutive weeks or less if the absence is a result of the Member’s
pregnancy, the birth of the Member’s child or the adoption of a child by the
Member.
03.04 A Member who takes a pregnancy or parental leave shall notify the City Clerk
in writing and will continue to be compensated under the Council
Compensation Policy for the duration of their leave up to 20 consecutive
weeks.
04 Disclosures of Pecuniary Interest Rules
0456.01 Where a Member has a Pecuniary Interest as defined in the Municipal
Conflict of Interest Act, the Member shall, prior to any consideration of the
matter at the Meeting, disclose the interest and the general nature thereof.
The Member shall not take part in the discussion of, or vote on any question in
respect of the matter and shall not attempt in any way whether before, during,
or after the Meeting to influence the voting on any such question. Members
shall not request the Clerk or other Staff members to provide advice or
comment on whether a Member has a Pecuniary Interest. Advice pertaining to
whether a Member should declare a Pecuniary Interest shall be obtained by
the Member from the City’s Integrity Commissioner or the Member’s
independent lawyer.
0456.02 Where the Meeting is not open to the public, in addition to declaring the
conflict, the Member shall leave the Meeting, or the part of the Meeting during
which the matter is under consideration.
0456.03 Notwithstanding Section 046.02, if the matter under consideration pertains to
whether to suspend the remuneration paid to the Member under Subsection
223.4(5) or (6) of the Act, the Member may take part in the discussion of the
matter, including making submissions to Council or the local board, as the
case may be, and may attempt to influence the voting on any question in
respect of the matter, whether before, during or after the Meeting. However,
the Member is not permitted to vote on any question in respect of the matter.
In the case of a Meeting that is not open to the public, the Member may attend
the Meeting or part of the Meeting during which thise matter is under
consideration but may not vote on the matter.
0456.04 Where a mMember is absent from a Meeting which includes a matter on which
they have a Pecuniary Interest, the Member shall disclose the interest at the
next Meeting attended by the Member.
By-law XXXX/23 Page 10
0456.05 The Clerk shall record any declarations of interest made by a Member in the
Meeting minutes, noting the matter and the general nature of the declaration.
0456.06 Any verbal declarations made under this Section 06.01 of this By-law shall
also be submitted in writing to the Clerk using the prescribed form and shall be
made available in the oOffice of the City ClerkClerk through a Disclosure of
Interest Registry.
05 Types of Meetings of Council
045.01 Inaugural Meeting
a) The Inaugural Meeting of Council shall be held no later than the
second on the first Monday after Council takes office pursuant to the
Municipal Elections Act.
b) The order of business for the first Meeting of Council shall be as
follows:
i) Call to Order/Roll Call
ii) InvocationMoment of Reflection
iii) Indigenous Land Acknowledgment Statement
iv) Swearing in ceremonyDeclarations of Office by Members
v) Inaugural address
vi) Adjournment
045.02 Regular Council Meetings
All Regular Meetings of the Council shall be held on the fourth Monday of each
month at the hour of 7:00 p.m. unless otherwise provided by resolution of the
Council. If a Council Meeting falls on a public or civic holiday, the Council shall
meet at the same hour on the next following day, which is not a public or civic
holiday, unless otherwise provided by resolution of the Council.
045.03 Regular Standing Committee Meetings
There shall be two Standing Committees; a Planning & Development Committee
and an Executive Committee. The Standing Committees shall be, to be
considered as Standing Committees of Council for the purposes of this By-law,
to be organized as follows:
a) The Planning & Development Committee and the Executive Committee
shall be comprised of all Members of Council.
b) The Executive Committee shall meet on the first Monday of each
month at 2:00 p.m. in the Council Chambers, unless otherwise
provided by resolution of the Council. If an Executive Committee
Meeting falls on a public or civic holiday, the Committee shall meet at
By-law XXXX/23 Page 11
the same hour on the next following day, which is not a public or civic
holiday. It shall be the duty of the Executive Committee to study and
report to Council on matters under the jurisdiction of the Office of the
CAO, the Community Services Department, the Corporate Services
Department, the Engineering Services Department, Finance
Department, the Human Resources Department, the Fire Services
Department, and the Operations Department.
b)c) Aside from regularly scheduled Executive Committee Meetings, an
annual Executive Committee Budget Meeting shall be included on the
annual Committee & Council Meeting Schedule. Executive Committee
Budget Meetings shall be chaired by the Mayor and a seconder shall
not be required to move motions pertaining to the Budget deliberations.
Executive Budget Meetings may be held in a meeting space other than
the Council Chambers as deemed appropriate by the Clerk.
c)d) The Planning & Development Committee shall meet on the first
Monday of each month at 7:00 p.m. in the Council Chambers, unless
otherwise provided by resolution of the Council. If a Planning &
Development Committee Meeting falls on a public or civic holiday, the
Committee shall meet at the same hour on the next following day,
which is not a public or civic holiday. It shall be the duty of the Planning
& Development Committee to study and report to Council on matters
under the jurisdiction of the City Development Department.
045.04 Special Meetings of Council or a Standing Committee
a) In addition to Regular Meetings, the Mayor may at any time summon a
Special Meeting of Council or a Standing Committee by giving written
direction to the Clerk stating the date, time and purpose of the Special
Meeting.
b) Upon written receipt of a petition of the Majority of the Members of
Council, the Clerk shall call a Special Meeting for the purpose and at
the time and date mentioned noted in the petition.
c) The Clerk shall give all Members notice of a Special Meeting at least
twenty-four hours before the time appointed for such Meeting. Notice
will deem to have been given on the day that the Notice was delivered
by electronic mail to the address provided by the Member of Council to
the Clerk for delivery of Nnotices, and in default of provision of such
address, to the Member’s City Hall office.
d) The notice to be given shall indicate the nature of the business to be
considered, as well as the Special Meeting, date, time and place of the
Special Meeting.
e) No business other than that indicated in the notice shall be considered
at the Special Meeting.
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By-law XXXX/23 Page 12
e)f) Special Meetings of Committee or Council are not required to follow
the Order of Business described in this By-law, and the business of a
Special Meeting may be organized in a manner deemed appropriate by
the Clerk.
045.05121 Education & Training Sessions
a) Education & Training Sessions are held as Special Meetings of Council
and may either by open or closed to the public.
b) The An Education & Training Session may be held as a Closed
Meeting in accordance with Section 239(3.1) of the Act, provided that
no Member discusses or otherwise deals with any matter in a way that
materially advances the business or decision-making of the Council.
c) Delegations shall not be received at an Education & Training Session
as no decisions shall be made or considered.
c)d) The agenda for the Education & Training Session shall stateCouncil, in
deciding to convene an Education & Training Session, shall designate
the general purpose or purposes for which the session Meeting is to
being held as permissible under Section 239 of the Municipal Act,
2001..
d)e) Notice of the Education & Training Session shall be given in
accordance with Section 07the notice provisions of this By-law.
e) At the Meeting, no member shall discuss or otherwise deal with any
matter in a way that materially advances the business or decision-
making of the Council.
f) The Clerk, or their designate, shall take notes minutes describing in
general terms each subject matter dealt with at an Education &
Training Session.
045.0645 Closed Meetings
a) All Closed Meetings of Council closed to the public will be held
immediately prior to the Rregular start time, unless otherwise provided by
resolution of CouncilCouncil Meeting as an In-camera Session, or by
means of a Special Meeting of Council called by the Mayor or by a written
petition of the Majority of the Members of Council. Closed Meetings shall
, and will only deal with the subject matter(s) that the Closed Meeting was
called forCouncil is authorized to deal with in a closed session.
b)05.01 a) All Meetings shall be open to the General
By-law XXXX/23 Page 13
public except where a matter meets one or more of the open meeting
exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. A
Meeting or part of a Meeting may be closed to 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 or
local board employees;
c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
d) labour relations or employee negotiations;
e) litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board;
f) advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
g) a matter in respect of which council, board, committee or other body
may hold a closed meeting under another Act;
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.
c) Before holding a Meeting, or part of a Meeting that is to be closed to
the public, Council or a Committee must state by resolution, the fact of
the holding of the Closed Meeting and the general nature of the
matter(s) to be considered.
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By-law XXXX/23 Page 14
05.03d) Public Information on Closed Meeting Business
Before holding a Closed Meeting or part of a Meeting that is to be closed to
the public, Council or a Committee must state the fact of the holding
of the closed Meeting, and the general nature of the matter to be
considered at the closed Meeting and, if the Closed Meeting is an
educational or training session the fact that it is closed pursuant to
section 239(3.1) of the Act.
All information, documentation, deliberations, or decisions received,
reviewed, or made at a Closed Meeting, including the detailed
agenda, are confidential and must not be released to the public or any
individual not entitled to be present at Closed MeetingsIf a Member of
Council wishes to introduce new business at a Closed Meeting, it
must be introduced in open session after roll call while Council is still
in the Chambers. Two-thirds of Council must determine, by vote,
whether the matter will be dealt with in closed session that evening.
No debate on the issue will take place until the motion to deal with the
new business has been decided.
05.03 Information - Confidential
All information, documentation or deliberations received, reviewed, or taken
in a Closed Meeting, including the detailed agenda, is confidential and
must not be released to the public or any individual not entitled to be
present at Closed Meetings.
05.04e) Distribution of Confidential Material
The Clerk must will distribute all confidential reports and material for Closed
Meetings in sealed envelopes that are marked with each Member’s
name. Confidential materials that must be emailed to Members or
staff shall be password protected and such password provided by way
of a separate means of communication.
05.05f) Limits on Voting Actions at Closed Meeting
No voting may take place during a Closed Meeting except if the vote is for a
procedural matter or for giving direction or instructions to officers,
employees or agents of the City, or persons retained by or under
contract with the City. Any votes taken in a Closed Meeting shall be
by a show of hands unless a Recorded Vote is requested by a
Member in accordance with this By-law.
05.06g) When a Closed Meeting has occurred, the Committee or Council
shall rise to open session and the Chair shall state aloud a public
report of the general nature of the subject matter considered.
Whenever possible, any direction provided to staff shall be presented
By-law XXXX/23 Page 15
in a motion duly moved and seconded in the open session. Where it is
not possible to report publicly on matters considered during a Closed
Meeting, the Chair shall provide a general statement of what occurred
during the Closed Meeting and where necessary, may take a vote to
approve the confidential direction provided during the Closed
MeetingFinal Decision on Item from Closed Meeting
Subject to the provisions of Section 239 of the Act, a Closed Meeting
agenda item that requires a final decision must be implemented by
Council resolution or By-law at a future public Meeting of Council.
05.07h) Authority to Speak on Closed Meeting Matters
When a decision is made by Council to relay information to the public
regarding a Closed Meeting item, the Mayor or the Mayor’s delegate
designate, will release the information.
05.08 Confidential Report
When a Closed Meeting of Council has been held, a public report of the
general nature of the subject matter discussed during the closed
portion of the Meeting, shall be read aloud by the Chair when Council
rises to the public portion of the Meeting.
05.098i) Enquiries regarding Closed Meetings
The response of Members to inquiries about any matter dealt with by a
Committee or Council or a Committee at a Closed Meeting, prior to it
being reported publicly, must be “no comment”, or words to that effect.
No Member is allowed toshall release or make public any information
considered at a Closed Meeting, or discuss the contents of such a
Meeting with anyone other than Members or staff who were present at
the Closed Meeting.
05.09j) In accordance with Policy ADM 070, Code of Conduct, any
violations pertaining to the disclosure of confidential information, may
be investigated by the City’s Integrity Commissioner and any findings
or recommended sanctions shall be reported to Council by the
Integrity Commissioner in accordance with the provisions of the Code
of Conduct.
05.10 Contraventions
a) Any Member who contravenes section 05.07 or section 05.09 is guilty
of an offence and upon conviction may be liable to a fine or penalty as
provided for in the Provincial Offences Act.
b) A decision to prosecute a Member under this section may only be
made after Council has met to consider the matter, at which time the
By-law XXXX/23 Page 16
Member proposed to be prosecuted may be present and has the
option of attending with legal counsel. The said Member has the
option of requesting that the Meeting be held in public or that it be
closed to the public.
c) No prosecution for a contravention of section 05.07 or section 05.09
may be commenced except on the direction of Council, expressed in
a resolution of Council.
05.110k) Complaints about the Appropriateness of a Closed Meeting
A person may request that an investigation of whether a municipality or local
board has complied with Section 239 of the Act, or thea pProcedure
bBy-law, in respect to a Closed Meeting or part of a Closed Meeting,
by contacting the Ombudsman appointed under the Ombudsman Act,
if the municipality has not appointed a closed meeting investigator.
045.076 Statutory Public Information Meetings
a) Statutory Public Meetings shall be held at the appropriate Standing
Committee Meetings, as required by applicable legislationstatute, or by
Council, or when considered desirable by staff.
b) Appropriate advertising shall be undertaken as required by applicable
legislationstatute, by-law or in accordingance withto City policy, to
advise interested persons of the subject matter, date and time of the
Meeting where the matter will be considered.
b)c) When appropriate, Statutory Public Meetings may also be held at
Special or Regular Meetings of Council.
045.078 Advisory Other Committee Meetings
All Advisory Committees of Council are required to adhere to this Procedure
By-law and the Committee’s general tTerms of rReference for all advisory
committees, however, in accordance with Policy ADM 040, a Committee may
choose to adopt simplified Procedures, subject to the approval of the Clerk. and
at the first Meeting following a general municipal election, are required to adopt
and approve the specific terms of reference for the committee and forward to
Council for approval by no later than March following a municipal election
All advisory committees are required to present a yearly work plan and annual report on
the status of the work plan to Council; and
Members of Council that serve on Advisory Committees may move, second
and vote on items.
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By-law XXXX/23 Page 17
045.098 Special or Ad Hoc Committee
Council may at any time appoint a special or ad hoc Committee to enquire into
and report on any matter. Ad Hoc Committees shall be established in
accordance with Policy ADM 040, Committees and Taskforces of Council, and
shall be subject to all Meeting provisions contained in this By-law. When an
Special or Ad Hoc Committee has completed its work and made its report to
Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees
shall not be established for a term longer than one year.
045.109 Upper Tier Council Meetings – Appointment of Alternate Member to Upper Tier
Council
Council may appoint one of its Members as an Alternate Member of the Upper
Tier Council to act in place of any Regional Councillor when they are unable to
attend a meeting of the Upper Tier Council for any reason, subject to the
following limitations:
a) No more than one Alternate Member may be appointed during the term
of Council;
b) Notwithstanding Section 054.1009 (a), if the seat of the appointed
Alternate Member becomes vacant, Council may appoint another of its
Members as an Alternate Member for the remainder of the term of
Council;
c) Council may not appoint an alternate for the Alternate Member; and
d) When acting in their capacity as an Alternate Member on the Upper
Tier Council, the Alternate Member shall adhere to all policies,
procedures, practices, and codes of conduct established by the Upper
Tier Council.
06 Notification of Meetings
067.01 Public Notification
Public notification shall be deemed to have been given by the posting of the
Committee or Council or Committee agenda on the City website and available
for public review in the Office of the City Clerk as follows:
a) Committee Meetings – by end of day 4:00 pm on the Fridayon the
Thursday,, ten (10) days prior to the Meeting date.
b)Council Meetings – by end of day4:00 pm on the Friday Thursday
preceding prior to the Council Meeting.
c) Special Meetings – at least twenty-four (24) hours preceding the
Meeting.
d) Closed Meetings – at least twenty-four (24) hours preceding the
Meeting.
By-law XXXX/23 Page 18
067.02 Emergency Notification
Emergency Meetings may be held, without written notice, to deal with issues
that may urgently affect the health or safety of residents. The Clerk shall
attempt to notify the public of emergency Meetings as soon as practicably
possible and in the most expedient manner available.
067.03 Cancellation/Postponement of Meetings
Any Meeting may be cancelled or rescheduled to a day, time, and place, set
out in a written notice from the Clerk, sent to each Member at least twenty-four
(24)hours before the scheduled date of the Meeting.
A Meeting may be cancelled if the Clerk determines in advance that Quorum
will not be achieved, there are no agenda items, or by way of a resolution of
the Committee or Council as the case may be.
Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the
Clerk shall attempt to notify the public as soon as practicably possible and in
the most expedient manner available.
07 Meetings
078.01 Place of Meetings
All Regular Meetings of the Council and Standing Committees shall be held in
the Council Chambers at the City of Pickering Civic Complex, One The
Esplanade, Pickering, Ontario, unless otherwise decided by resolution of
Councilthe Mayor and the City ClerkClerk.
078.1102 Agendas and MinutesInformation pertaining to a Committee or Council Meeting
including the Meeting agenda, reports and any Supplemental Information Packages
shall be sent to all Members.
The agendas, minutes and any written notices pertaining to any Standing
Committee and Council Meeting shall be sent to all Members of Council.
078.023 Chairing of Meetings
a) Every Council Meeting shall be chaired by the Mayor, if present;
b) The Chair of the Standing Committees shall be rotated each Meeting
amongst the Members of Councillors, in alphabetical order by last
name.
078.08 Meeting Calling the Meetinged to Order
The Chair, as soon after the hour is fixed for the holding of the Meeting of the
Council, and if a Quorum is present, shall take the Chair and call the Meeting
By-law XXXX/23 Page 19
to order and shall ask the City Clerk or their designate to conduct a roll call of
the Members present or absent from the Meeting.
078.1004 Absence of Chair
a) Council Meetings - If the Mayor does not attend within fifteen (fifteen
15) minutes after the hour is fixed for the holding of the Meeting of the
Council and if a Quorum is present, the Deputy Mayor who has been
appointed to this position in accordance with Policy ADM 045, shall
preside over the Meeting and have the same authority to cChair the
Meeting as the Mayor would have had, if present. Should the Mayor
arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back
to the Mayor.
b) When the Mayor and Deputy Mayor are absent from a Meeting or
refuse to act, the Council may by resolution appoint one of itsanother
Members to act in the place and stead of the Mayor and Deputy
Mayor, and such Member shall have the same authority to cChair the
Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the
Meeting, the Member acting in their stead shall relinquish the Chair
back to the Mayor or Deputy Mayor as the case may be.
c) Standing Committee Meetings – If the Chair does not attend within
fifteen (fifteen 15) minutes after the hour is fixed for the holding of the
Meeting of the Committee and if a Quorum is present, the Council
MemberCouncillor who is next in alphabetical order to Chair will
assume the position of Chair.
07.05 Calling the Meeting to Order
The Chair, as soon after the hour is fixed for the holding of the Meeting, and if
a Quorum is present, shall take the Chair and call the Meeting to order and
shall ask the Clerk or their designate to conduct a roll call of the Members
present or absent from the Meeting.
078.096 Quorum
a) If a Quorum is not present one-half hourwithin fifteen (15) minutes
after the time appointed for a Meeting of the Council and/or
Committee, the Clerk shall record the names of the Members present
and the Meeting shall stand adjourned until the next Meeting.
b)
c)a) A majority of the Members elected to the Council shall constitute a
quorum.
078.037 Clerk’s Attendance at Meetings
By-law XXXX/23 Page 20
The City Clerk or the Clerk’s designate, shall be present at all Meetings of
Council; however, they may delegate a member of staff to act in their stead at
a Standing Committee Meeting.
078.048 Recording of Minutes
a) The Clerk shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting, whether it be an open
or cClosed Meetingto the public or not;
b) The record required by the Act in respect of a Meeting, shall be made
by:
i) The Clerk, or the Clerk’s designate, in the case of a Meeting of
Council; or
ii) The appropriate City staffofficer, in the case of a Meeting of a
Committee.
c) Except for Recorded Votes, a record or notation of a Member’s
opposition or favour on any issue will not be recorded in any Meeting
minutes.
08.05 Committee Meetings - Rules of Procedure
The rules of procedure set out in this By-law shall be observed in Meetings of
the Committees insofar as they are applicable, provided that:
a) A report, setting out the recommendations of any Committee, shall be
forwarded to the first regular Council Meeting following the Meeting of
the Committee.
078.0956 Prohibited – Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at
Meetings
a) Meetings may be audio or video recorded, broadcast and/or
livestreamed publicly by the City, with the exception of Closed
Meetings.
a) To ensure that all members of the public are comfortable participating in
Meetings,:
b) S signs, banners, emblems, and flags, cameras, audio and video
recordings by the public are prohibited in the Chambers or any space
where a Meeting is being held.except by permission of the Chair;
c) Meeting attendees may record all or portions of open Meetings
provided that in doing so, it is not disruptive to the Meeting or other
attendees.
By-law XXXX/23 Page 21
d) Should a Meeting attendee violate these Procedures, the Chair may
ask that the individual be removed from the Meeting.
b)
a) Notwithstanding the foregoing, the provisions of section 08.06 shall
not apply to City Staff, Rogers Cable or any other media, broadcasting
or webstreaming service provider permitted by Council.
078.1076 Access to Council Floor
No person except members of Council, the Clerk, and officials authorized by
the Clerk :
a) Shall be allowed on the floor of the place a Meeting is being held
while Council or a Committee is sitting;
b) Material to be distributed to Council during a Meeting can only be
distributed by the Clerk or the Clerk’s designate.
07.0711 Petitions
Petitions presented during a Council or Committee Meeting shall be provided
to the Clerk and the Clerk shall process the petition in accordance with the
City’s procedures pertaining to petitions.
07101.012 Change in Order of Business
All business shall be taken up in the order in which it appears on the agenda
unless otherwise decided by a Majority vote of the majority of the Members
present and voting.
078.123 Consideration of Items
Council may consider any matter without referring it to a Committee or may
refer it to a Committee or to any number of Committees, and may withdraw a
matter from a Committee at any time.
07245.0214 Staff/Consultant Delegations for Staff Reports
Where possible, a staff report that includes a Consultant Delegation shall be
listed first under Matters for Consideration (Standing Committee Agendas) or
New and Unfinished Business (Council Agendas), so that the consultant may
leave the Meeting after their item has concluded to avoid additional costs to the
City should there be a large volume of reports on the agenda.
078.135 Adjournment Hour/All Meetings
a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m.
By-law XXXX/23 Page 22
b) In the event the business before Council has not been completed at
the hour of 12:00 a.m11:00 p.m., then the Committee or Council may,
by a Majority vote of all the Members present, approve an extension of
the Meeting to the hour of 12:00 a.m.
c) Motions to continue past 11:00 p.m. are not debatable.
d) At 12:00 a.m., any unfinished business shall be deferred to the next
Regular Meeting of the Committee or Council, unless a resolution of
Council is made to reconvene hold the Council Meeting to on another
day and time prior to the next Regular Meeting of the Committee or
Council. A resolution to reconvene hold the Meeting onto another day
and time requires a Majority vote . If a resolution of Council to
reconvene the Council Meeting to another day prior to the next regular
Meeting isand if adopted, the Meeting cannot must be rescheduled not
sooner than 48 hours after the original Meeting in order to provide
Council, staff and interested parties an opportunity to make
arrangements to attend the rescheduled Meeting.
e) In either instance noted above, and if at a Council Meeting, a
confirmatory by-law shall be adopted before the original Meeting
adjourns in order to ratify the business that has already been
conducted. Items deferred to another Council Meeting agenda will be
confirmed through the Confirmatory By-law of that Meeting.
Delegations shall not be permitted for items that are deferred to a
future Meeting under this Section as they would have already had
opportunity to delegate at the original Meeting.
08 Delegations
081435.01 Delegations
a) Delegations are encouragedshall be directed to the appropriate to
appear before the Standing Committee having charge of the matter
which is the subject of the Delegation.
b) Delegations that were not able to attend a Standing Committee
Meeting, or that have already appeared at a Standing Committee
regarding a particular matter, are permitted to delegate at Council on
those matters, however, those who have already delegated at the
Standing Committee may only delegate at Council have appeared at a
Standing Committee regarding a particular matter are permitted to
delegate at Council on the same matter only if they and wishhave
additional remarks to relay additional and/or new information about the
matter. about that matter at Council may do so.
c) Despite clause a) above, a Delegation may delegate directly to Council
if the matter in which they are delegating did not first appear at a
By-law XXXX/23 Page 23
Standing Committee or if the Clerk determines that the matter is of an
urgent nature and cannot wait for the next applicable Standing
Committee Meeting.
c)d) All in-person Delegations, for items listed on an agenda, shall register
in writing with the City ClerkClerk by 12:00 noon on the day of the
Meeting date.
d)e) All electronic Delegations, for item listed on an agenda, shall register in
writing with the City ClerkClerk by 12:00 noon on the business day
prior to the Meeting date.
e)f) All Delegations for items not listed on an agenda shall register ten (ten
(10)) days prior to the Meeting date.
f)g) Delegations that have not registered in writing by the timelines noted
above shall only be heard if permitted by a Two-Thirds Majority vote of
Members present at the Meeting.
g)h) Members of the public may also submit written comments in addition
to, or in lieu of, a verbal Delegation, by noon on the business day prior
to the Meeting and such written comments shall be provided to all
Members of Council prior to the Meeting through the Supplemental
Information Package..
i) A Delegation appearing before Council or Committee for items not
listed on an agenda shall not be placed on an Agenda to discuss the
same matter within six (six (6)) months of the last appearance by the
same delegate, unless otherwise approved by Council.
j) Delegations shall not be permitted to speak before a Committee or
Council for the sole purpose of generating publicity for an event, a
product or a service.
k) Delegations shall not be permitted to speak to matters which have
been referred to staff for a report until the matter is before a Standing
Committee or Council.
l) Delegations shall not be permitted to speak to matters which are not
within Council’s jurisdiction.
m) Delegations shall not be permitted to speak to matters which have
been decided upon by Council unless the matter is before Council for
reconsideration.
n) Delegations will not be permitted for deferred items except for those
who did not delegate on the matter when it originally appeared before
the Committee or Council prior to it being deferred.
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By-law XXXX/23 Page 24
o) on aDelegations shall not be permitted to speak to a report provided by
the City’s Integrity Commissioner.
h)p) A maximum of five (10 5) minutes shall be allotted for each Delegation
to present his/her/their position at a Meeting.
i)q) A Delegation will not be permitted to take any unused time allocated to
another Delegation.
j)r) Should there be one or more individuals that register to speak as a
group, the group shall be allotted five (5) minutes to delegate.
s) The 5 minute Delegation speaking limit may be extended by two (2)
additional minutes if approved by a motion duly moved and seconded
and carried by a Majority vote of the Members present.
k)t) Delegations are encouraged not to repeat information presented by an
earlier Delegation at the same Meeting.
0813.02 Delegation Time Limit
a) .
.
1435.032 Delegations at a Statutory Public Information Meeting
Delegations for Statutory Public Information Meetings, who are participating
electronically in accordance with Section 09 of this By-law, must register with
the City ClerkClerk by noon the business day prior to the Meeting.
Delegations appearing in person for Statutory Public Meetings are encouraged
to register with the City ClerkClerk by noon on the day of the Meeting.
Delegations will be permitted from the gallery without prior registration only
during the Statutory Public Information Meeting portion of a Meeting held
under the provisions of the required statutePlanning Act, but shall be heard
after all Delegations, either electronically or in-person, who have pre-
registered with the City ClerkClerk by the applicable deadlines outlined in this
By-law.
081435.043 Delegations Requesting Action
Delegations which appear at a Meeting and request that action be taken by the
Council shall, if required by a Majority of the Members present at the Meeting,
be referred to City staff for a report that shall be dealt with at a future Meeting.
The direction to refer such a matter to City staff shall include the Committee or
Council Meeting that the matter shall be presented at of Council.
081435.054 Audio Visual Equipment for Delegations
By-law XXXX/23 Page 25
The City’s audio visual equipment may be used to assist in presentations by
Delegations, provided that permission has been obtained for use of such
equipment from the City ClerkClerk. All presentation materials must be
delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which
the Delegation is to appear.
081435.065 Priority of Delegations
Delegations shall be listed on the agenda in the order in which the Clerk
received the requests. For Statutory Public Information Meetings, where more
than one person wishes to make a Delegation on a particular matter, the
proponent or their authorized representative, will be listed last in order to afford
the proponent the opportunity of making a Delegation after all other interested
persons have done so.
081435.076 Conduct of the Delegation
a) The Chair may curtail impose restrictions on any Delegation and any
questions to a Delegation for disorder or any other breach of this bBy-
law and, if the Chair rules that the Delegation is concluded, the person
or persons appearing shall end the Delegation.
b) Delegations shall not:
i)
ii)
iii)
iv)
v)
speak disrespectfully of any person;
use offensive words;
speak on any subject other than the subject for which they
have received approval to address Committee or Council;
disobey a decision of the Chair, or the Committee or Council;
debate with other Delegations, City staff, Council Members or
the Chair.
081435.087 Questions to the Delegation
a) Upon the completion of a Delegation to Committee or Council, any
discussion between Members and the Delegation shall be limited to
Members asking questions for clarification and/or obtaining
additional, relevant information only.
b) All questions to a Delegation from Members shall be stated
succinctly. Members shall not question a Delegation for the purpose
of expanding the scope of the Delegation’s remarks or for adding the
Member’s own statements through the Delegation. Delegations are
an opportunity for Delegates, not Members, to make their views
known. For example, qQuestions from Members such as “are you
aware”, “do you agree” or “wouldn’t you say” shall not be permitted
as they do not seek clarification or additional relevant information.
Members shall not enter into debate with Delegations. Questions to
By-law XXXX/23 Page 26
the Delegation shall be presented in a courteous and non-
argumentative manner.
c) Once a motion has been moved and seconded, no further
representation from or questions of the Delegation shall be permitted.
09 Electronic Participation
0989.01 A Member of Council may participate electronically in a Meeting that is either
open or closed to the public should they be unable to participate in person for
reasons pertaining to a medical condition or illness (pertains to either the
Member or reasonsthe Member’s Immediate Family Member), illness, City
business, or in the event of a situation or pandemic in which physical
distancing, limited gatherings or quarantine measures are required by local,
provincial or federal public health agencies. A Member of Council participating
electronically , and in doing so may shall be counted in determining whether or
not a Quorum of mMembers is present at any point in time and shall have all
the rights of any other Member who is participating in person.
0989.02 A Member of a local board, task force, or an advisory or ad-hoc committee,
may participate electronically in a Meeting that is either open or closed to the
public and in doing so may be counted in determining whether or not a
Quorum of mMembers is present at any point in time and shall have all the
rights of any other Member who is participating in person.
0989.03 The Clerk may provide for electronic participation of staff at any Meeting,
including the Clerk. The Clerk may also provide for electronic participation for
consultants or anyone who has been hired by the City to provide services or
expertise on a particular matter or project. Such electronic participation is not
limited to an audio connection and consultants may be provided with a link to
appear by videoon screen during an electronic Meeting.
0989.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for
electronic participation for all Members of Council should the appropriate
meeting space containing the required technology (including the necessary
components to operate the livestreaming of the proceedings) not be available
for any reason, in order to comply with the open Meeting rules under the Act.
0989.05 Electronic Meetings are those held by means of telecommunication
instruments including but not limited to telephones, video conferencing,
computers with internet access and conferencing platforms and software
programs. The means used to facilitate an electronic Meeting shall be
determined by the Clerk.
0989.06 A Member must provide sufficient notice to the Clerk, their designate, or the
Staff Liaison of a Committee, of their intent to participate electronically in a
Meeting to ensure the proper technology is enabled to make electronic
participation possible. The Member must give at least 48 hours’ notice of their
By-law XXXX/23 Page 27
intent to join the Meeting electronically unless extraordinary circumstances
apply.
0989.07 A member of the public may delegate via electronic participation through the
use of a video connection into the electronic meeting platform, and the City
ClerkClerk shall arrange for such Delegations. Delegations connected through
video shall not be permitted to activate their camera or microphone unless
invited by the Chair to do so. A member of the public delegating electronically
shall abide by all of the Meeting decorum provisions of this By-law.
The Clerk may require any Delegation to participate electronically in the event
of any situation (including a pandemic) in which physical distancing, limited
gatherings or quarantine measures are required by local, Provincial or Federal
public health agencies, or for the reasons outlined in Section 09.04.
0989.08 Where a member of the public requests to participate electronically, it is the
delegate’s responsibility to ensure they have the appropriate technology to
connect to the Meeting. Where technical issues arise in connecting a Delegate
into a Meeting, it shall in no way affect the validity of the Meeting or any action
taken at the Meeting. In lieu of a successful electronic connection, members of
the public may submit written comments to the Clerk which shall be distributed
to all Members of Council after the Meeting.
0989.089 If the live stream stops working during a Meeting that involves electronic
participation (full or hybrid), the Meeting shall recess for 15 minutes while the
live streaming issues are resolved. If the issues cannot be resolved during the
15 minute recess, then the Meeting will be adjourned until the live stream is
restored.
0989.10 Subject to these provisions for electronic participation, all other provisions of
the Procedure By-law continue to apply and the Chair shall determine and
maintain order of the Meeting as needed.
10 Conduct at Meetings
11009.01 Members of the Public
The Chair will ensure that members of the Ppublic shall beare respectful of
Council, staff, Delegations and all attendees at the Meeting by not heckling,
speaking disruptively while debate is in progress, making comments or
applauding.
All communication devices shall be set to silent during a Meeting, with the
exception of assistive listening devices or other provisions required by persons
with disabilities.
By-law XXXX/23 Page 28
11090.02 Members of Council
Members of Committee and Council shall:
a) act in accordance with their declared OathDeclaration of Office and
the provisions of this By-law;
b) treat the Chair, other Members, staff and delegates from the public
with courtesy, respect and good faith;
c) hold in strict confidence all information concerning matters dealt with
in Closed Meetings;.
d) not speak disrespectfully of the Reigning Sovereign, or of any of
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;
e) not use offensive words or unparliamentarily language in or against
Council or against any Member;
f) not speak on any subject other than the motion being debated;
g) not criticize any decision of Council except for the purpose of moving
a motion to reconsider a previous decision of Council;
g)h) refrain from engaging in private conversations while in a Meeting and
from using communication devices in a disruptive manner;
h)i) inform the Clerk of their absence prior to any Meeting in which they
will be absent.
11009.03 Actions When a Member’s Behaviour is Inappropriate
The Chair may Call the Member to Order and take one or more of the following
actions:
a) decide that there was no breach of the rule;
b) ask the Member in breach of the rules to stop the behaviour;
c) ask the Member to withdraw what was said; or
d) ask the Member to apologize.
11009.04 If previous attempts to call the Member to order have failed, the Chair may
refrain from decide, not to recognizinge the Member, for the balance of theat
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By-law XXXX/23 Page 29
Meeting, in which case the Member shall not be permitted to speak or vote for
the remainder of theat Meeting.
11 Order of Business for Council Meetings
1101.01 The Order of Business for the Regular Meetings of Council shall be as
follows:
a)Meeting Called Toto Order/Roll Call
b) InvocationMoment of Reflection
c) Indigenous Land Acknowledgment Statement
d) Disclosures of Interest
e) Adoption of Minutes
f) Presentations
f)g) Question Period
g)h) Delegations
h)i) Correspondence
i)j) Committee Reports
j)k) New and Unfinished Business
k)l) Motions and Notices of Motion
l)m) By-laws
n) Confidential Council
m)o) Regional Councillor Updates
n)p) Other Business
o)q) Confirmation Confirmatory By-law
p)r) Adjournment
12 Moment of Reflection and Indigenous Land Acknowledgement Statement
At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall
pause for a silent moment of reflection and after such moment has passed, shall
read out the Indigenous Land Acknowledgment Statement.
1213 Presentations
12.01 Presentations
a) Charities, organizations or individuals wishing to address Council to
inform Members of special events or achievements, to seek Council’s
recognition of an event or achievement or to make a presentation to
Council shall request the opportunity to be granted Presentation status.
b) It shall be the duty of the Mayor to make Presentations and to accept
Presentations, on behalf of Council, at Meetings of Council. Where a
Presentation is made or accepted from an organization on which a
Member of Council has been appointed to sit, the Presentation shall be
jointly made or accepted with the appointed Member of Council.
Where otherwise appropriate, Presentations may be made or accepted
By-law XXXX/23 Page 30
jointly with another Member or Members of Council at the discretion of
the Mayor.
c) The request for Presentation status shall be submitted to the Clerk, in
writing, no later than 14 days preceding the Meeting at which the
Presentation is to be made.
14 Question Period
a) An opportunity will be provided for any member of the public who is
physically in attendance at the Meeting, to ask the Mayor a question
pertaining to any matter appearing on the Council agenda.
b) All questions will be answered by the Mayor, unless in the Mayor’s
opinion the answer could be better provided by another Member of
Council or City staff.
c) The Question Period shall be limited to a total of 20 minutes unless
extended by the Mayor/Chair.
d) The dialogue that takes place during the Question Period shall not be
included in the formal Meeting minutes, and there shall be a general
statement in the minutes under the Question Period header that states
“A general question and answer period ensued”. Should a member of
the public wish to understand what questions and answers were
provided, they may view the meeting video posted on the City’s website.
1315 Correspondence
1546.01 Correspondence received in the Clerk’s Office for distribution to Council shall
be provided through a weekly Council Information Index (CII). The Clerk shall
prepare the CII and it shall be delivered to Members of Council every Friday
afternoon by email and shall be copied to the CAO, Directors, and any other
staff as determined by the Clerk.
156.02 Members of Council may pull any item from the CII and make a request in
writing to the Clerk to place the item on the next regular Council Meeting
agenda under Correspondence. The Member must identify the
correspondence number and specific subject matter in their request to the
Clerk, and shall copy all Members of Council, the Mayor, and the CAO on such
requests. The Member shall also provide the accompanying recommendation
relating to the disposition of the correspondence and such recommendation
shall be included in the Council Meeting agenda with the item for Council’s
consideration and disposition as it deems appropriate.
156.03 Correspondence shall be presented at Council Meetings only and All
correspondence intended to be presented to Council through the Council
agenda shall be legibly written or printed, shall not contain any impertinent or
By-law XXXX/23 Page 31
improper matter or language and, shall be signed by at least one person and
shall be filed with the Clerk by no later than 12:00 noon on the Wednesday
Tuesday before the Council Meeting in which it will be considered of Council.
156.04 14.023 The Clerk shall prepare a summary of the substance of all
correspondence for inclusion in the agenda.In addition to correspondence
requested by a Member of Council, from time to time, the Clerk shall include
correspondence memos from staff pertaining but not limited to, annual work
plans and updates from Committees through the designated staff liaison,
appointments of Members of Council to various Committees in accordance
with Policy ADM 045, and correspondence from the Ombudsman or the City’s
Integrity Commissioner. Any proposed recommendations relating to these
pieces of correspondence shall be at the discretion of the Clerk and will be
included on the Council agenda for Council’s consideration and disposition as
it deems appropriate. Any correspondence from the Ombudsman or Integrity
Commissioner will be provided in the weekly Council Information Index so that
Members are aware of and have opportunity to read the correspondence prior
to it being printed in a Council agenda.
1416 Committee Reports
1657.01 Standing Committee reports that are to be adopted by Council shall be
forwarded to the first regular Council Meeting following the Meeting of the
Standing Committee and shall be listed under the Committee Reports section
of the agenda.
167.02 Any Reports referred back to staff at a Standing Committee shall be included
in the Committee Report with a notation that the matter was referred back to
staff at the Committee Meeting. The matter will come before Council in a
subsequent Committee Report on a future Council Agenda once the matter
has returned to the appropriate Standing Committee Meeting.
167.03 Should a Standing Committee not provide a recommendation on a matter, or
defeat a staff recommendation, the Clerk shall include the item on the Council
agenda as part of the Committee Report and shall include a notation that
states “No Committee Recommendation -Council Direction Required”. The
original staff recommendation shall be listed for reference purposes only to aid
Council in their deliberations on the matter. Council may discuss, debate,
adopt, amend or defeat the original staff recommendations as it deems
appropriate.
1517 New and Unfinished Business
1786.01 Reports of an Urgent Nature
Departmental reports which are deemed by the Chief Administrative
OfficerCAO to be of an urgent nature, due to timing or public importance, and
which cannot be presented through the regular Standing Committee cycle,
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By-law XXXX/23 Page 32
have not been considered by a Standing Committee shall may be listed under
the New and Unfinished Business section of a Council the agenda for
Council’s consideration. Whenever possible, staff reports shall be presented to
the appropriate Standing Committee rather than going directly to Council to
provide as much notice to the public and Council as possible.
1768.02 Introduction of a Motion
a) If a motion by a Member of Council cannot be presented through the
Notice of Motion process outlined in this By-law, aA Member may,
with the consent of Two-Thirds of the Members present, introduce a
motion under New and Unfinished Business if the motion is of an
urgent nature.cannot, due to its urgent nature, be properly presented
at a Meeting in accordance with Section 17 of this By-law
Introduction of a motion without prior notice shall only be used in
exceptional circumstances as it does not provide for public notice of
the matter being presented and considered.
b) A Member desiring to introduce a main Motion must do so in writing
to the Clerk in advance of the Meeting when possible.
1618 Notices of Motions
1879.01 A Notice of Motion is required for motions that are initiated by a Member of
Council looking to introduce a new matter.
189.02 A Member desiring to give introduce a notice of a motion must do so verbally
in writing at any Meeting, at least ten (10) days prior to the Meeting at which
the motion will be dealt presentedwith. Introduction of a notices of motion
must be done under as “Other Business”.
1879.023 In order to be listed in the applicable Council agenda, a copy of the motion
being considered by Council, must be forwarded to the Clerk, signed by the
mover and seconder, no later than 12:00 p.m. on the Wednesday Tuesday
prior to the Council Meeting at which the motion will be dealt withconsidered.
In providing the motion to the Clerk, the Member shall copy the Mayor, all
other Members of Council, the CAO, and Directors, for their information and
awareness that the motion will be forthcoming.
1879.034 The Clerk, upon receipt of a motion described in in accordance with this
Section, shall print the motion in full in the agenda for the Council Meeting at
which the matter will be consideredit is to be dealt with.
1879.045 A motion printed in the agenda need not be read unless requested by a
Member and shall be deemed to be in possession of the Council when stated
by the Chair at the appropriate time during the Meeting.
1897.056 A Notice of Motion that has been introduced but does not appear on the a
Council agenda within two regular Council Meetings shall not be included on
By-law XXXX/23 Page 33
any Council agendabe removed from the list of upcoming agenda items,
unless otherwise directed by Council. Should the Member wish to bring the
matter forward again, notice of the motion at a future Meeting will be required
in accordance with the provisions of this By-law.
189.07 In drafting a motion, Members of Council shall consult with the CAO and/or
appropriate City staff, to ensure that any technical information contained in the
motion is accurate and actionable and that it aligns with the City’s Strategic
Plan.
189.08 Despite being consulted on the technical information contained in a motion,
staff do not have to agree with the merits of the motion being presented by a
Member of Council.
1719 By-laws
191820.01 All by-laws shall be passed in a single motion, unless a Member wishes to
discuss the contents of a particular by-law or by-laws, in which case the
subject by-law(s) shall be removed from the motion and dealt with separately.
191820.02 Every by-law, when introduced, shall be in typewritten form, shall be
complete except for the by-law date and number and shall contain no blanks
except such as may be required to conform to accepted procedure or to
comply with the provisions of any Actstatute.
191820.03 Every by-law which has been passed approved by the Council shall be
numbered, dated, sealed with the seal of the Corporation, signed by the Mayor
and the Clerk and deposited retained by the Clerk as a permanent City record
in accordance with the City’s Records Retention By-lawin their office for
safekeeping.
20 Regional Councillor Updates
A Regional Councillor may give a verbal update pertaining to matters before the
Council of the Regional Municipality of Durham to inform other Members, City
staff or the public.
1821 Other Business
19211.01 Other Business
At any Meeting under Other Business, Members may congratulate, report on
events and promote upcoming events of public importance or interest
however, such comments shall not be included in the official Meeting minutes.
19211.02 Notice of Motion
------------
By-law XXXX/23 Page 34
A Member who wishes to give notice of a motion to be brought forward for
future Council consideration shall do so under “Other Business”.
19211.03 Substantive Information Reports
All Members’ may move a motion requesting requests fora substantive
information or reports from staff and such motion shall require a seconder and
the approval of a Majority of the Members present at a Meeting. Such requests
shall identify the appropriate Department and/or Director, and the objective(s)
of the report, and the Standing Committee or Council Meeting the report is to
be presented at. Any Member moving a motion for a Substantive Report shall
consult with the CAO to ensure that the timelines for reporting back are
consistent with existing staff workplans and priorities.
1922 Confirmatory By-law
20.01 At the conclusion of all Regular and Special Meetings of Council, and
prior to adjournment, a By-law shall be brought forward to confirm the
proceedings actions of the Council in respect of all motions, resolutions and other
actions taken subsequent to the last Regular Councilat the Meeting. A
Confirmatory By-law, when introduced, shall be taken as having been read and
shall be voted on without debate.
20 Adjournment
21.01 The Council may adjourn upon a motion approved by the Majority of
Members present.
23 Order of Business for Standing Committee Meetings
2345.01 The Order of Business for Regular Standing Committees shall be as follows:
a) Call to Order/Roll Call
b) Disclosure of Interest
c) Delegations
d) Matters for Consideration
e) Member Updates on Committees
f) Other Business
g) Adjournment
The provisions noted in the preceding section describing the order of business on
a Council Agenda shall also apply to the same sections at Standing Committee
Meetings. The following provides an explanation of the additional sections
contained on Standing Committee agendas.
2345.032 Member Updates on Committees
By-law XXXX/23 Page 35
Members may provide updates as the Council representative for a Committee of
Council. Such updates shall be limited to a verbal update, and may provide
information on the Committee’s Workplan, ongoing mandate, or any other matter
that is before the Committee. Any recommendations of the Committee must be
presented in accordance with Policy ADM 040, Committees and Taskforces of
Council, and through the applicable staff liaison for the Committee and shall not
be presented during a Member’s update on a Committee.
2124 Rules of Debate
24526.01 No Member shall be deemed to have precedence or seniority over any other
Member.
24526.02 When a Member is speaking, no other Member shall interrupt that Member except
to raise a point of order or privilege.
Chair Reads Motion Aloud
To begin debate, the Chair reads the motion aloud.
24526.03 Decorum During Debate
During debate, and while the Chair is speaking, or when the Council is engaged in
voting, no Member is permitted to disturb the Council by whispering, or walking
across the floor, or in any other way except to raise a point of order or privilege.
24526.04 Any Member may require a motion under discussion to be read at any
time during the debate but not so as to interrupt a Member while who is
speaking. Despite this provision, if a motion is printed in an agenda, there shall
not be a requirement for the motion to be read aloud.
24526.05 Recognition of MemberBefore speaking to a matter or motion, a Member shall raise
their hand and be recognized by the Chair prior to speaking to any matter and shall
speak through the Chair.Every Member shall raise their hand and be recognized by the
Chair prior to speaking to any matter or motion.
24526.06 Order of SpeakersWhen two or more Members raise their handswish to speak, the
Chair shall recognize designate the Member who, in the opinion of the Chair, has the
floor who shall be the Member who, in the opinion of the Chair, raised first signified their
hand firstintention to speak.
2456.07 After the Chair has called the vote on a motion, no Member shall speak to the
motion, nor shall any other motion be presented until, after the result of the vote
has been declared.
2456.08 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 Committee or Council unless it is for purposes of requesting a
higher level of government to take a specific action or make changes to policy
or legislation.
By-law XXXX/23 Page 36
24526.09 Speaking to a Motion
A maximum of five (10 5) minutes shall be allotted to each Member wishing to
speak to present their position on the motion. No Member shall speak more
than once to the same motion except:
a) with leave of the Chair, for not more than five (5) additional minutes,
in explanation of a material part of their speech which may have been
interpreted incorrectly;
b) with leave of the Chair, for not more than five (5) additional minutes,
after all other Members so desiring have spoken; or
c) in reply, as may be allowed with leave of the Chair, by the Member
who presented the motion, in which case the Member shall speak for
no longer than a five (5) minute period.
22654.107 Questioning the Motion
a) A Member may ask a question during the course of debate only for
the purpose of obtaining information relating to the motion under
discussion and such question must be stated concisely and asked
only through the Chair.
b) Notwithstanding the above, when a Member has been recognized as
the next speaker, such Member may immediately before speaking
ask a question through the Chair on the motion under discussion, but
only for the purpose of obtaining information, following which the
Member shall speak.
22654.0811 Proceedings Decided by Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal of the Chair’s decision by a Member ofto the Committee
or Council on a point of order.
22654.0912 Chair’s Decision Final Unless Appealed
Unless a Member immediately appeals to the Council the Chair’s decision, the
decision of the Chair shall be final.
22654.103 Appeal of Decision of Chair
A Member may appeal any decision of the Chair. The appeal must occur
immediately after the Chair states the decision. If the Member appeals the
Chair’s decisionto Council, it shall be done by a duly moved and seconded
motion, and Council shall decide the question without debate and the decision
shall be final. The question motion beforeto Council would be “Do you support
By-law XXXX/23 Page 37
the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair
and the Chair is entitled to vote on the question.
25 Points of Order
257.01 A Member may at any time, raise a point of order to call attention to a violation
of the Rules of Procedure and the Member must state the point of order to the
Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of
order immediately without debate and advise the Members of the decision.
257.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
26 Points of Privilege
268.01 Where a Member considers that the health, safety, rights and/or the integrity of
anyone present at the Meeting has been impugned, they may at any time,
raise a point of privilege.
268.02 A point of privilege shall take precedent over other matters, but the Members
shall not be permitted to enter into any argument or debate. The Mayor/Chair
shall decide on the point of privilege immediately and advise the Members of
the decision.
268.03
A Member may immediately appeal the Mayor/Chair’s decision in accordance with the
provisions of this By-law.
268.04 Where the integrity of the staff or the CAO has been impugned, the
Mayor/Chair may permit the CAO to make a statement to the Committee or
Council.
2627 Common Motions
2739.01 SecondingExcept as otherwise provided in this By-law, all motions must be duly
moved and seconded before the motion can be put on the floor for consideration and
before the Mayor/Chair can call the question. All motions, including amendments, shall
be in writing to ensure that all Members and the public are fully aware of the motion
being voted on.
A motion must be formally seconded before the Chair can put the question or
for it to be recorded in the Minutes.
2739.02 Direction to staff will be by motion except where the Chair, in consultation with senior
City staff at the Meeting determines that a motion is not necessary.
Withdrawal
2927.03 Once a motion is in the possession of the Committee or Council, the mover
may withdraw the motion at any time prior to it being amended or decided and
By-law XXXX/23 Page 38
such withdrawal may be made without consent of the seconder.The mover and
seconder may withdraw a motion or a notice of motion at any time prior to it
being read and, in such event, the motion shall not be included in the minutes
of the Meeting.
After a motion has been read or stated by the Chair, it shall be deemed to be
in possession of Council, but may, with the permission of Council, be
withdrawn at any time before decision or amendment.
2739.034 Motions in Order of PrecedencePriority of Disposition
The following A motions are in order of precedence and can only be made if
no motion of higher precedence is on the floor. Motions are listed in order from
the bottom to the top. All motions listed below require a Majority vote of the
Members present to be carried unless otherwise stated:, properly before the
Committee or Council for decision, must be disposed of before any other
motion or matter can be introduced, with the exception of any one of the
following:
a)
b)
c)
d)
c)
d)
e)
f)
g)
g)
h)
i)
h)j)
i)
j)
Motion to Adjourn a point of order or personal privilege
Motion to Recesstable
Motion to Table
Motion to Call the Question (requires 2/3 Majority)
to divide
that the question be now put
Motion to to referDefer
Motion to to dRefer
to amend
Motion to Amendsuspend any section of the Rules of Procedure
Motion to Suspend of the Rules (requires 2/3 Majority)
Motion to Divide
Main Motion
to recess
to adjourn.
-----
By-law XXXX/23 Page 39
23.04 Questions of Privilege and Points of Order
The Chair shall preserve order and decide points of order and questions of privilege. When a
Member has a point of order or question of privilege, it shall be considered and decided
immediately.
The Member shall ask leave of the Chair to rise for the purpose of drawing attention to the
matter.
If leave is granted by the Chair, the Member must state their point to the Chair as succinctly as
possible and await the decision of the Chair.
Once the Chair has made a decision the business of Council shall resume at the point where it
was suspended.
2739.055 Motion to Adjourn
a) Is not debatable or amendable;
b) Is always in order except:
i. when a Member is speaking or during the taking of a vote;
ii. immediately following the affirmative resolution of a motion
that a vote on the matter now be taken; and,
iii. when a Member has already indicated to the Chair that they
wish to speak on the matter.
c) If carried, requires that the Meeting end immediately, regardless of
the stage of proceedings;
d) If not carried, a motion to adjourn shall not be made again until
further proceedings have been conducted by the Committee or
Council;
e) If the motion is to adjourn to a specific time, and if carried, it
suspends the Meeting to continue at such specific time stated.
279.06 Motion to Recess
a) A motion to recess is not debatable, shall specify the length of the recess,
and may only be amended with respect to the length of the recess;
b) Despite the aforementioned, the Chair may also call a recess for no more
than 15 minutes without requiring a motion.
279.07 Motion to Table
a) A motion to table temporarily sets aside a pending motion (or a series of
pending motions) to consider another matter deemed more urgent;
23.06
By-law XXXX/23 Page 40
b) Is not debatable or amendable and shall not include additional
instructions;
c) The matter tabled shall not be considered again until a motion has been
made to lift the matter from the table;
d) . A Member shall not be allowed to speak to a motion and immediately
move a tabling motion. If a motion is not taken from the table by the
next Regular Meeting of the Committee or Council, the motion dies;
e) A Member shall not be allowed to speak to a motion and immediately
move a tabling motion;
a)f)A motion to table is not in order to intentionally kill a motion.
279.08 Motion to Call the Question
a) A Member may request the Chair call the question by presenting a motion
that the question “now be put to a vote”;
b) Shall require a 2/3 Majority vote of the Members present;
c) A motion to call the question is not debatable or amendable and cannot be
proposed when there is an amending motion under consideration except
for the purpose of moving that the amending motion be put to a vote.
2739.089 Motion to Postpone to a Certain Time/Deferral Motion
a) A motion to defer a matter to a different time must include time, place,
and the purpose of the deferral, if applicable, and shall be in order after
a motion is read or stated by the Chair;
b) Is and debatable and amendable however debate and any amendment
shall be confined to the time and place to which the matter shall be
deferred;
c) .The deferred matter will return in the same format as originally
presented, to the time and place stated in the motion to defer.
2739.107 Motion to Referral Motion
a) A motion to refer a matter to a Committee, Council or City staff must include the
body to which it is being referred, the purpose of the referral, and the time in which
it shall be returned (if applicable);
By-law XXXX/23 Page 41
b) A motion to refer a matter motion or matter to a Committee or to City staff with
instructions is debatable and amendable however debate and any amendment
shall be limited to the time and place of the referral;
a)c) A motion to refer but, sshall be disposed of by the Committee or Council
before the original motion or any other motion pertaining to the original motion and
if carried, requires that consideration of the motion cease and the Meeting proceed
to the next item of business.
A member who moves a motion to refer shall also include in the motion:
The name of the committee, body or official to whom the motion or amendment is to be referred;
The terms upon which it is to be referred; and
The date or period, if any, within which the matter is to be returned.
2739.0911 Motion to Amendments
a) A motion to amend:
a)
i) shall be presented in writing whenever possible if requested by
the Chair;
a)
b)
c)
d)
shall be relevant to the original main motion;
shall be disposed of by Council before the original motion; and
shall not be received in order if it proposes a direct negative to the original
main motion;.
c)
e)
d)
e)
f)
f)
g)
h)g)
shall be disposed of by Council before the originalmain motion;
Is debatable and amendable;
a motion to amend an amending motion a motion to amend an amending
motion shall be disposed of by Council before the motion to amend the
original main motion;
only one motion to amend an amendment to the original motion shall be
allowed and any further amendment must be to the original main motion.;
279.12
23.10
Motion to Suspend the Rules
a) Any procedure required by this By-law may be suspended by a
Two-Thirds Majority vote of the Members present unless otherwise
provided for in any Act;
b) Shall not be used to suspend the rules pertaining to Quorum or the
provisions for open Meetings;
By-law XXXX/23 Page 42
c) A motion to suspend the rules is not debatable or amendable and shall
not include additional instructions;
a)d) If a motion to suspend the rules is adopted, the Chair shall observe
and enforce the Rules of Procedure as altered by the resolution.
23279..1113 Motion to Divide
AA 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. A motion to divide is not
debatable or amendable and shall not included any additional instructions. For
clarity, a motion to divide shall be handled as follows:
a) A main motion is duly moved and seconded;
b) A mover and seconder move for a “motion to divide” the main motion
into separate items so that they may be voted on individually;
c) The Chair calls the vote on the motion to divide, which is not debatable;
d) If the motion to divide carries, the Chair will call the vote on the divided
items separately and then on the balance of the main motion as
applicable.
279.14 Motion to Reconsider ation Previous Decision of Council
a) After a matter has been decided, and if no action on the decided matter
has been taken that cannot be undone, anyA Member who voted on the
prevailing side in the majority of a main motion may move for
reconsideration of a decision of Council provided that no action has
been taken on any part of the matter that cannot be undone;
b) A reconsideration motion requires a Two-Thirds Majority vote of the
Members present and no discussion of the original motion shall be
allowed until the motion for reconsideration has carried;
c) Reconsideration may be done at the same Meeting in which the matter
was decided, and if the motion to reconsider carries, the
reconsideration of the original resolution shall become the next order of
business;
d) If not done at the same Meeting in which the matter was decided, aor
Member may give notice of a motion for reconsideration of the matter at
a subsequent Meeting. Such notice shall be given in accordance with
Section 189 of this By-law. The resolution being reconsidered will be
placed on the next Regular Council agenda under New and Unfinished
Business. The previously adopted resolution of Council remains in force
unless and until Council adopts a new resolution;A reconsideration
By-law XXXX/23 Page 43
motion requires a two-thirds vote of the Members present. No
discussion of the original motion shall be allowed until the motion for
reconsideration has carried.
e) A motion to reconsider is debatable only to the extent of the rationale
for reconsidering the matter, and no debate of the matter itself shall be
allowed unless the motion to reconsider carries;
f) No matter shall be reconsidered more than once within 12 months;
a)g) A notice of a written decision of the Ontario Land Tribunal (OLT)
with regard to an appeal that requires Council to make a new decision,
shall not be deemed a reconsideration of a Council decision in
accordance with the provisions of this By-law.
2739.125 Motion to Rescind
a) A motion to rescind a previous resolution of Council may be moved by
any Member provided that no action has been taken on the matter that
cannot be undone. Notice of a motion to rescind a previous decision of
Council shall be given requires a majority vote of the Council at a
Council Meeting provided that notice hin accordance with Section 189
of this By-law;
b) A motion to rescind is debatable only to the extent of the rationale for
rescinding the decision of Council;
c) A motion to rescind a previous decision requires a Two-Thirds vote of
the Members present and if the motion to rescind the prior decision
carries, the resolution previously adopted by Council is immediately of
no further force or effectas been given at the previous Meeting or in the
call of the Meeting and if notice has not been given, a motion to rescind
requires a two-thirds vote of the Members present and voting.;
a)d) If it is possible to use a motion to reconsider, the motion to rescind
shall not be in order.
23.13 Question Stated
Immediately preceding a vote, the Chair may state the motion in the form
introduced and shall do so if requested by a Member. The motion shall be
stated in the precise form in which it will be recorded in the Minutes.
27 23.14 No Interruption After Question
28
29 After the Chair has called the vote on a motion, no Member shall speak to the
motion, nor shall any other motion be presented until, after the vote and the result
has been declared.
30
By-law XXXX/23 Page 44
3128 Voting
243028.01 Requirement to Vote
All Members present and seated must vote. If a Member is present and does
not vote they are deemed to have voted in the negative, except where the
Member is disqualified from voting.
243028.02 Vote Not Allowed
A Member not in their seat when the question is called by the Chair is not
entitlednot entitled to vote on that question.
243028.03 Voting on Amendments
Amendments are voted upon before the main motion and if there are
numerous amendments, the Chair may place them in the most logical,
practical and expeditious order for consideration.
243028.04 Determination of Votes
The manner of determining the decision of Committee or Council on a motion
shall be by the prominent show of hands.
243028.05 No Secret Voting
No vote may be taken by ballot or any other method of secret voting.
243028.06 Decorum While Calling Vote
When the Chair calls for the vote on a motion, each Member shall occupy their
seat, and shall remain in their seat, until the result of the vote has been
declared by the Chair, and during such time no Member shall cross the floor or
speak to any other Member or make any noise or disturbance.
243028.07 Disagreement with Result of Vote
If a Member disagrees with the announcement of the Chair that a motion is
carried or defeated, the Member may, but only immediately after the
declaration by the Chair, object to the declaration and a Recorded Vote shall
be taken.
243028.08 Recorded Votes of Council
Where a vote of Committee or Council is taken for any purpose, a Member may
request, immediately prior or immediately subsequent to the taking of the vote, that the
vote be recorded. Each Member present, beginning with the requester of the Recorded
Vote, and continuing alphabetically from that Member onward, except a Member who is
disqualified from voting by reason of interest or otherwise, shall announce their vote
By-law XXXX/23 Page 45
openly and the Clerk shall record each vote. The Mayor shall be called upon to vote
following all other Members.
243028.09 Vote of the Chair
The Chair, except when disqualified to vote by reason of interest or otherwise,
may vote with the other Members on all questions.
32 24.10 Vote on the Question
33
34 A motion that a vote on the question be now taken:
35
a. cannot be amended or debated;
36
37
a. cannot be proposed when there is an amending motion under
consideration except for the purpose of moving that the amending
motion be put;
a. when resolved in the affirmative, shall be followed immediately by
the original motion which shall be put forward without debate or
amendment;
38
39
a. can only be moved in the following words: "That the question be
now put" or "Call the question"; and
a. requires a two-thirds vote of the Members present.
40
4129 Contingencies
25.01 In all contingencies not provided for in this By-law, the question shall be
decided by the Chair and in making such a ruling, the decision shall be based on
Robert’s Rules of Order.
22 Suspension of Rules
26.01 Any procedure required by this By-law may be suspended with consent of not
less than two-thirds of the Members present.
23 Two-Thirds Vote
27.01 A two-thirds vote shall be deemed to have been accomplished with the
following voting in the affirmative:
five of seven Members
four of six Members
four of five Members
three of four Members
By-law XXXX/23 Page 46
4230 Commencement and Administration
28302.01 This by-law shall be administered by the City ClerkClerk.
28302.02 The City ClerkClerk shall be authorized to make minor corrections to any
By-law, Motion, Resolution, minutes or other Council document to eliminate
technical or typographical errors.
28302.03 By-law 7665/18, By-law 7678/19, By-law 7685/19, By-law 7749/20, By-law
7753/20, By-law 7771/20, and By-law 7781/207926/22 is are hereby repealed.
28.302.04 The short title of this by-law is the “Procedure By-law”.
By-law passed this 23rd day of May, 2022.
________________________________
Kevin Ashe, Mayor
________________________________
Susan Cassel, City Clerk