HomeMy WebLinkAboutBy-law 3665/91TOWN OF PICKERING
PROCEDURAL BY-LAW 3665/91
ALPHABETICAL INDEX TO PROCEDURAL BY-LAW
Section
Absence of Mayor .......................................... l0
Adjourned Meetings ......................................... 8
Adjournment ............................................... 40
Amendments to Motions ..................................... 38
Chairman of Committees ..................................... 6
Committee of the Whole .................................... 13
Committees ................................................. 5
Conduct of Members in Council ............................. 27
Contingencies {Robert's Rules) ............................ 56
Criticism of Council Decisions ............................ 30
Decorum During Debate ..................................... 15
Decorum While Calling Vote ................................ 19
Deferral Motions .......................................... 37
Delegations ............................................... 31
Disagreement with Result of Vote .......................... 52
Divide Motion ............................................. 44
Duties of the Mayor ...................................... 14
Executive Committee ....................................... 5
Head of Council or Presiding Officer {Vote) .............. 54
Inaugural Meetings ........................................ 1
Interruption Ino) After Question ......................... 49
Interruptions ........................................... 20
Introduction of Motion without Notice .................... 32
Meeting Called to Order ................................... 9
Meetings of Council ....................................... 1
Motion (Question) Stated ................................. 48
Motions .................................................. 32
Negative Motion .......................................... 47
Not Allowed (Vote) ....................................... 50
Notices of Motion ......................................... 33
Order of Business ......................................... 12
Order of Speakers ......................................... 17
Place of Meetings .......................................... 4
Planning Committee ......................................... 5
Points of Order and Privileges ............................ 25
Previous Question ......................................... 39
Priority of Disposition ................................... 36
Privileges ................................................ 41
Proceedings Decided by Chairman ........................... 24
Question Stated ........................................... 48
Questioning the Motion .................................... 23
Questions of Order ........................................ 35
Quorum .................................................... ll
Recognition of Member ..................................... 16
Reconsideration ........................................... 42
Recorded Vote ............................................. 53
Referral Motions ......................................... 43
Refusal to Vote .......................................... 18
Regular Meetings .......................................... 2
Req~irement to Read Motion ............................... 21
Requirement to Vote ...................................... 18
Rescind Motion ........................................... 45
Respectful Language ...................................... 27
Robert's Rules ........................................... 55
Rules for Rising on Points of Order and Privilege ......... 26
Rules of Debate in Council and Committee .................. 15
Rules of Procedure ......................................... 7
Seconding of Motions ....................
Speaking in Council .....................
Speaking to a Motion ....................
Special Meetings ........................
Suspension of Rules .....................
Table Motion ............................
Two-Thirds Vote .........................
Unparliamentary Language ................
Unrecorded Vote .........................
Vote Not Allowed ........................
Vote of Head of Council .................
Voting on Motions .......................
................. 29
................. 22
................. 46
................. 55
................. 28
Withdrawal of Motions ..................................... 35
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 3665/91
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 pursuant to section 104 of the Municipal Act, R.S.O. 1980,
chapter 302, as amended, every council may pass such by-laws for
governing the proceedings of the council, the conduct of its members and
the calling of meetings;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
e
MEETINGS OF COUNCIL
Inaugural Meetings
The inaugural meeting of Council shall be held on the first Monday
after Council takes office pursuant to the Municipal Elections Act.
Regular Meetings
All regular meetings of the Council shall be held on the first and
third Monday of each month at the hour of 7:30 p.m. o'clock in the
afternoon unless otherwise provided by resolution of the Council
or unless such a day shall be a public or civic holiday in which
case 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.
Special Meetings
Special meetings of the Council may be held at the call of the
Mayor who shall direct the Clerk to notify the Members of Council
of the date, time and purpose of the special meeting. The Mayor
may at any time summon a special meeting of Council on twenty-four
hours notice to the Members. Upon 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 in the
petition.
Place of Meetings
All regular meetings of the Council shall be held in the Council
Chambers at the Town of Pickering Civic Complex, One The
Esplanade, Pickering, Ontario, unless otherwise decided by Council.
COMMITTEES
There shall be two standing committees of the whole Council namely,
Executive Committee
a)
the Executive Committee which shall meet on the second and
fourth Monday of every month, unless such a day shall be a
public or civic holiday in which case the Committee shall
meet at the same hour on the next following day, unless
otherwise decided by Council. All meetings of the Executive
Committee shall commence at 7:30 p.m. o'clock in the
afternoon in the Council Chambers at the Civic Complex unless
otherwise decided by Council.
It shall be the duty of the Executive Committee to enquire
into and report to Council on all matters of interest to the
Corporation of the Town of Pickering.
.... Continued Page 2
e
Planning Committee
b)
the Planning Committee shall meet on the third Thursday of
every month unless otherwise decided by Council. All
meetings of the Planning Committee shall commence at 7:30
p.m. in the Council Chambers at the Civic Complex unless
otherwise decided by Council.
It shall be the duty of the Planning Committee to enquire
into and report to Council on any matter pertaining to land
use planning.
Chairman of Committees
The Chairman of the Executive Committee and Planning Committee
shall be rotated each meeting amongst the Member of Council,
excluding the Mayor, in alphabetical order.
e
RULES OF PROCEDURE
The rules and regulations contained in this By-law shall be
observed in all proceedings of the Council and shall be the rules
and regulations for the order and dispatch of business of the
Council and in the Committees thereof.
10.
ll.
MEETINGS CALLED TO ORDER
Adjourned Meetings
The Council may adjourn upon a motion duly moved and seconded in
the manner hereinafter provided.
Meeting Called To Order
The Mayor, 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 to order.
Absence of Mayor
a)
If the Mayor does not attend within fifteen minutes after the
hour is fixed for the holding of the meeting of the Council
and if a quorum is present, an Acting Mayor who has been
appointed to this position by by-law shall preside over the
meeting and have the same authority as the Mayor would have
had if present.
b)
When the Mayor and Acting Mayor are absent or refuse to act,
the Council may by resolution appoint one of its members to
act in the place and stead of the Mayor and Acting Mayor, and
such Member shall have the same authority as the Mayor.
Quorum
If a quorum is not present one-half hour after the time appointed
for a meeting of the Council, the Clerk shall record the names of
the Members present and the meeting shall stand adjourned until
the next meeting.
.... Continued Page 3
12.
13.
14.
Order of Business
The routine order of business for the regular meetings of Council
shall be as follows:
Meeting Called To Order
Minutes of Previous Meetings
Presentations
Delegations
Committee Reports
Motions
By-laws
Notices of Motion
Other Business
Confirmation By-law
Adjournment
Committee of the Whole
When it appears that any matter may be more conveniently
considered in Committee of the Whole, Council may on motion
resolve into a Committee of the Whole, and the proceedings taken
in Committee when adopted by Council shall be deemed to be the
proceedings of Council. The Mayor may preside in the Committee of
the Whole or may request the Acting Mayor to preside.
Duties of the Mayor
It shall be the duty of the Mayor to,
a) expel or exclude from any meeting any person who has been
guilty of improper conduct at the meeting,
b) announce the business before the Council in the order of
which it is to be acted upon,
put to vote all questions, which are regularly moved and
seconded, or necessarily arise in the course of the
proceedings, and to announce the result,
d) decline to put to vote motions which infringe the rules of
procedures,
e) restrain the members, when engaged in debate, within the
rules of order,
f) to open the meeting of Council by taking the Chair and
calling the Members to order,
g) to enforce on all occasions, the observance of order and
decorum among the Members,
to call by name, any Member persisting in breach of the rules
and regulations of the Council, thereby ordering the Member
to vacate the Council Chamber,
to authenticate by signature, when necessary, all by-laws,
resolutions and minutes of Council,
to inform the Members of Council on any point of order,
to perform other duties when directed to do so
resolution of Council,
~y a
to represent and support Council, declaring its will and
implicitly obeying its decisions,
.... Continued Page 4
m)
to adjourn the meeting when the business is concluded, and
to adjourn the sitting without the question being put or to
suspend or recess the sitting for a time to be named if
considered necessary because of grave disorder.
16.
17.
18.
19.
20.
21.
22.
RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL
Decorum During Debate
During debate, and while the Chairman is speaking~ or 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.
Recognition of Member
Every Member shall raise their hand and be recognized by the
Chairman prior to speaking to any matter or motion.
Order of Speakers
When two or more Members raise their hands to speak, the Chairman
shall designate the Member who has the floor who shall be the
Member who, in the opinion of the Chairman, raised their hand
first.
ReQuirement to Vote
When a motion is put, every Member present at a meeting shall vote
unless they have a conflict of interest. If a Member refuses to
vote, the Member shall be deemed to have voted in the negative.
Decorum While Calling Vote
When the Chairman 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 Chairman, and during
such time no Member shall cross the floor or speak to any other
Member or make any noise or disturbance.
Interruptions
When a Member is speaking, no other Member shall pass between the
Member and the Chair or interrupt except to raise a point of order.
Requirement to Read Motion
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
speaking.
Speaking to a Motion
a) No Member shall speak more than once to the same motion
except,
with leave of the Chairman, in explanation of a material
part of their speech which may have been interpreted
incorrectly,
ii) with leave of the Chairman, after all other Members so
desiring have spoken,
iii)
a reply may be allowed by leave of the Chairman to the
Member who presented the motion, in which case the
Member shall speak for no longer than a five minute
period.
.... Continued Page 5
23.
24.
b)
Except with the leave of the Chairman, no Member shall speak
longer than ten minutes to the motion before Council.
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 Chairman.
b)
Notwithstanding paragraph Ia) above, when a Member has been
recognized as the next speaker, such Member may immediately
before speaking ask a question through the Chairman on the
motion under discussion but only for the purpose of obtaining
information, following which the Member shall speak.
Proceedings Decided by Chairman
In all other proceedings of Council, the matter shall be decided
by the Chairman, subject to an appeal to Council on a point of
order.
25.
26.
POINTS OF ORDER AND PRIVILEGES
Questions of Order
The Chairman shall preserve order and decide questions of order.
Rules For Rising on Points of Order and Privilege
a)
When a Member rises on a point of order, the Member shall ask
leave of the Chairman to raise a point of order and after
leave is granted, the Member shall state the point of order
to the Chairman and await the decision of the Chairman on the
point of order.
b)
Thereafter, a Member shall only address the Chair for the
purpose of appealing the Chairman's decision to Council.
If the Member does not appeal, the decision of the Chairman
shall be final.
If the Member appeals to 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.
When a Member has a question of privilege or considers that
their integrity or the integrity of the Council as a whole
has been impunged, the Member may as a matter of privilege,
and with the leave of the Chairman, rise for the purpose of
drawing the attention of Council to the matter.
27.
28.
CONDUCT OF MEMBERS IN COUNCIL
Respectful Language
No Member shall 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.
Unparliamentary Language
No Member shall use offensive works or unparliamentary language in
or against Council or against any Member.
.... Continued Page 6
29.
30.
Speaking in Council
No Member shall speak on any other subject other than
being debated.
Criticism of Council Decisions
No Member shall criticize any decision of Council
purpose of moving a motion to be reconsidered.
the motion
except for the
31.
a)
b)
DELEGATIONS
With respect to Meetings of Council, persons desiring to
verbally present information on matters before Council may be
heard on leave of Council but shall be limited in speaking
not more than ten minutes and shall notify the Clerk no later
than noon of the preceding Friday of appearing before Council
and state the nature of the issues they wish to address.
With respect to Meetings of Committees, persons desiring to
verbally present information on matters of fact or make a
request may be heard on leave of the Committee but shall be
limited in speaking not more than ten minutes and shall
notify the Clerk no later than 5:00 p.m. of the day of
appearing before Council and state the nature of the issues
they wish to address.
32.
33.
34.
MOTIONS
Introduction of Motion Without Notice
A motion may be introduced without notice and read by the Chairman
and upon leave of Council resolved by a two-thirds majority of
Members present without debate in which case it shall be set out
in full in the minutes of the meeting of Council at which it is
considered.
Notices of Motion
a)
Notices of all new motions shall be given in writing and
delivered to the Clerk before noon of the Friday preceding
the meeting of Council and shall be printed in full in the
agenda or delivered to all Members for that meeting of
Council and each succeeding meeting until it is considered or
otherwise disposed of. The motion shall be signed by the
mover and seconder and shall be deemed to be complete and
correct as presented.
b)
Any Member of Council may agree to second a notice of motion
if the seconder is absent from a meeting when the notice of
motion is called from the Chair.
c)
If the mover of the notice of motion is absent from the
meeting at which it is to be considered, the notice of motion
shall be referred to the next regular meeting of Council.
Seconding
A motion must be formally seconded before the Chairman can put the
question or for it to be recorded in the minutes.
Withdrawal
After a motion is read or stated by the Chairman, it shall be
deemed to be in possession of Council, but may, with the
permission of Council, be withdrawn at any tin~ before decision or
amendment.
.... Continued Page 7
36.
37.
38.
39.
Priority of Disposition
A motion properly before 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) a point of order or personal privilege
b) to table
c) to divide
d) that the question be now put
e) to refer
f) to defer
g) to amend
h) to suspend any section of the Rules of Procedure
i) to recess
j) to adjourn
Deferral Motions
A motion to defer to a certain day or for a particular reason
shall be in order after a motion is read or stated by the Chairman
and debate shall be confined to the propriety of the deferral.
Amendments
A motion to amend,
a) shall be presented in writing if requested by the Chairman,
b) shall be relevant to the original motion,
c)
a motion to amend an amending motion shall be disposed of by
Council before the motion to amend the original motion.
d)
only one motion to amend an amendment to the original motion
shall be allowed and any further amendment must be to the
original motion.
e) shall be disposed of by Council before the original motion
f)
shall not be received if it proposes a direct negative to the
original motion.
The Previous Question
A motion for the previous question,
a) cannot be amended,
b)
cannot be proposed when there is an amending motion under
consideration except for the purpose of moving that the
amending motion be put,
c) when resolved in the affirmative, the original motion is to
be put forward without debate or amendment,
d)
can only be moved in the following words: "That the question
be now put." or "To call the question.",
e) A motion to put the previous question requires a two-thirds
vote of the Members present.
.... Continued Page 8
40.
41.
42.
Adjournment
A motion to adjourn,
a) shall always be in order except as provided in this section
and shall be put immediately without debate,
when resolved in the negative, cannot be made again until
after some intermediate proceedings shall have been completed
by Council,
cl is not in order when a Member is speaking nor during the
verification of a vote,
d) cannot be amended,
e) is not in order immediately following the affirmative
resolution for the previous question.
Privileges
A motion on a matter of privileges shall receive disposition of
Council upon receipt and, when settled, the question so
interrupted shall be resumed at the point where it was suspended.
Reconsideration
al
After a substantive motion has been decided, any Members who
voted or are deemed to have voted thereon in the majority,
may at any time prior to adjournment of the meeting at which
such substantive motion was decided, give notice in writing
that they will move, at the first meeting held thereafter, a
reconsideration motion.
b~
The Council shall immediately upon receipt of such notice,
vote as to whether or not the notice will be considered at
the first meeting held thereafter, and should the ensuing
division result in the minority vote being less than
one-third of those present and voting, such notice for
reconsideration shall be declared lost.
c~
After such notice has been given and accepted, no action
shall be taken to carry into effect the original motion until
after the motion to reconsider has been disposed of at the
next regular meeting or a special meeting called to consider
the accepted notice.
d)
Every motion for reconsideration considered at a subsequent
meeting shall be declared lost, unless passed with the
majority of the Members of Council present and voting.
e)
No discussion of the original motion shall be allowed upon
presentation of a notice for reconsideration or upon an
accepted notice for reconsideration or upon the motion to
reconsider until the Council has voted to reconsider the
same, but the Member giving such notice may have the
privilege of stating the reasons for doing so.
f)
No motion upon which a notice for reconsideration has been
accepted shall be considered more than once, nor shall a vote
to reconsider be reconsidered.
g)
The words "the first meeting held thereafter" in paragraphs
{a) and (b) hereof shall mean the first regular meeting of
Council or a special meeting called to consider an accepted
motion for reconsideration.
.... Continued Page 9
43.
44.
45.
46.
47.
Referral Motions
A motion
Committee
but shall
any other
to refer or to refer back a motion or matter to a
or a member of staff with instructions may be amended
be disposed of by Council before the original motion or
motion pertaining to the original motion.
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.
Motion to Rescind
A motion to rescind a previous resolution of Council requires a
majority vote of the Council provided that notice has 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.
Motion to Table
A Member shall not be allowed to speak to a motion and immediately
move a tabling motion.
N.egative Motion
A motion to rescind a defeated motion of Council is not required,
and the subject matter may not be reintroduced or debated in any
form without leave of Council upon a majority vote of the Members
present and voting.
48.
49.
50.
51.
52.
VOTING ON MOTIONS
Question Stated
Immediately preceding a vote, the Chairman 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.
No Interruption After Question
After the Chairman has called the vote on a motion, no Member
shall speak to the motion or shall any other motion be presented
until after the vote and the result has been declared.
Vote Not Allowed
A Member shall not be entitled to vote on any part of a divided
motion, if the Member did not vote on the motion to divide.
Unrecorded Vote
The manner of determining the decision of Council on a motion
shall be by the prominent show of hands.
Disagreement With Result of Vote
If a Member disagrees with the announcement of the Mayor that a
motion is carried or defeated, the Member may, but only
immediately after the declaration by the Chairman, object to the
declaration and a recorded vote shall be taken.
.... Continued Page l0
53.
54.
55.
Recorded Vote of Council
Where a vote of Council is taken for any purpose and a Member
requests 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
alphabetically thereafter, except a Member who is disqualified
from voting by any Act, shall announce their vote openly and the
Clerk shall record each vote. The Mayor shall be called upon to
vote following all other Members. If a Member refuses to vote,
the Member shall be deemed to have voted in the negative.
Vote of Head of Council or Presiding Officer
The Head of the Council, or the Presiding Officer, except when
disqualified to vote by reason of interest or otherwise, may vote
with the other Members on all questions, and, except where
otherwise expressly provided by the Municipal Act, any question on
which there is an equality of votes shall be deemed to be negative.
Two-Thirds Vote
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
three of five Members
three of four Members
56. Contingencies
57.
58.
GENERAL
In all contingencies not provided for in this by-law, the question
shall be decided by the Chairman and in making such a ruling, the
decision shall be based on Roberts Rules of Order.
Suspension of Rules
Any procedure required by this by-law may be suspended with
consent of not less than two-thirds of the Members present.
By-laws 3714 and 4221 are hereby repealed.
By-law passed a first, second and third time and finally passed this 18th
day of February, 1990.
TOWN OF PICKERING
PROCEDURAL BY-LAW 3665/91
ALPHABETICAL INDEX TO PROCEDURAL BY-LAW
Section
Absence of Mayor .......................................... l0
Adjourned Meetings ......................................... 8
Adjournment ............................................... 40
Amendments to Motions ..................................... 38
Chairman of Committees ..................................... 6
Committee of the Whole ....................................
Committees ................................................. 5
Conduct of Members in Council ............................. 27
Contingencies IRobert's Rules) ............................ 56
Criticism of Council Decisions ............................ 30
Decorum During Debate ..................................... lB
Decorum While Calling Vote ................................ lg
Deferral Motions .......................................... 37
Delegations ............................................... 31
Disagreement with Result of Vote ..........................
Divide Motion ............................................. 44
Duties of the Mayor .......................................
Executive Commtttee ........................................ 6
Head of Council or Presiding Officer IVote) ............... 54
Inaugural Meetings .........................................
Interruption Ino) After Question .......................... 49
Interruptions .............................................
Introduction of Motion without Notice .....................
Meeting Called to Order .................................... R
Meetings of Council ........................................ 1
Motion IQuestton) Stated .................................. 48
Motions ................................................... 32
Negative Motion ........................................... 47
Not Allowed (Vote) ........................................ 50
Notices of Motion ......................................... 33
Order of Business ......................
Order of Speakers ......................................... 17
Place of Meetings .......................................... 4
Planning Committee ......................................... 5
Points of Order and Privileges ............................ 25
Previous Ouestton ......................................... 39
Priority of Disposition ................................... 36
Privileges ................................................ 41
Proceedings Decided by Chairman ........................... 24
Ouestion Stated ........................................... 48
Questioning the Motion .................................... 23
Questions of Order ........................................ 36
Quorum .................................................... ll
Recognition of Member ..................................... 16
Reconsideration ........................................... 42
Recorded Vote ............................................. 53
Referral Motions .......................................... 43
Refusal to Vote ........................................... 18
Regular Meetings ...........................................
Requirement to Read Motion ................................ 21
Requirement to Vote ....................................... 18
Rescind Mot(on ............................................ 45
Respectful Language .......................................
Robert's Rules ............................................ 55
Rules for Rising on Points of Order and Privilege ......... 26
Rules of Debate in Council and Committee .................. 15
Rules of Rrocedure .........................................
Seconding of Motions ...................................... 34
Speaking in Council ....................................... 29
Speaking to a Motion ...................................... 22
Special Meetings ........................................... 3
Suspension of Rules ....................................... 56
Table Motion .............................................. 46
Two-Thirds Vote ........................................... 55
Unparliamentary Langoage ..................................
Unrecorded Vote ........................................... 51
Vote Not Allowed .......................................... SO
Vote of Head of Council ................................... 54
Voting on Motions ......................................... 50
Withdrawal of Motions ..................................... 35
THE CORPORATION OF THE TOWN OF P[CKERING
BY-LAW NUMBER 3665/91
Being a by-law to govern the
proceedings of Council, any of its
committees, the conduct of i ts
Members, and the calling of meetings.
Whereas pursuant to section 104 of the Municipal Act, R.S,O. 1980,
chapter 302, as amended, every council may pass such by-laws for
governing the proceedings of the council, the conduct of its members and
the calling of meetings:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING
HEREBY ENACTS AS FOLLOWS:
1. Inaugural Meetings
MEETINGS OF COUNCIL
The inaugural meeting of Council shall be held on the first Monday
after Council takes office pursuant to the Municipal Elections Act.
2. Regular Meetings
All regular meetings of the Council shall be held on the first and
third Monday of each month at the hour of 7:30 p.m. o'clock in the
afternoon unless otherwise provided by resolution of the Council
or unless such a day shall be a public or civic holiday in which
case 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.
Special Meetings
Special meetings of the Council may be held at the call of the
Mayor who shall direct the Clerk to notify the Members of Council
of the date, time and purpose of the special meeting. The Mayor
may at any time summon a special meeting of Council on twenty-four
hours notice to the Members. Upon 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 in the
petition.
Place of Meetings
All reqular meetings of the Council shall be held in the Council
Chambers at the Town of Pickertng Civic Complex, One The
Esplanade, Picketing, Ontario, unless otherwise decided by Council.
COMMITTEES
There shall be two standing committees of the whole Council namely,
Executive Committee
a)
the Executive Committee which shall meet on the second and
fourth Monday of every month, unless such a day shall be a
public or civic holiday in which case the Committee shall
meet at the same hour on the next following day, unless
otherwise decided by Council. All meetings of the Executive
Committee shall commence at 7:30 p.m. o'clock in the
afternoon in the Council Chambers at the Civic Complex unless
otherwise decided by Council.
It shall be the duty of the Executive Con~tttee to enquir~
into and report to Council on all matters of interest to the
Corporation of the Town of Picketing.
.... Continued Page 2
Planning Committee
b)
the Planning Committee shall meet on the third Thursday of
every month unless otherwise decided by Council. All
meetings of the Planning Committee shall commence at 7:30
p.m. in the Council Chambers at the Civic Complex unless
otherwise decided by Council.
It shall be the duty of the Planning Committee to enquire
into and report to Council on any matter pertaining to land
use planning.
6. Chairman of Committees
The Chairman of the Executive Committee and Planning Committee
shall be rotated each meeting amongst the Member of Council,
excluding the Mayor, in alphabetical order.
RULES OF PROCEDURE
The rules and regulations contained in this By-law shall be
observed in all proceedings of the Council and shall be the rules
and regulations for the order and dispatch of business of the
Council and in the Committees thereof.
10.
ll.
MEETINGS CALLED TO ORDER
Adjourned Meetings
The Council may adjourn upon a motion duly moved and seconded in
the manner hereinafter provided.
Meeting Called To Order
The Mayor, 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 to order.
Absence of Mayor
a)
If the Mayor does not attend within fifteen minutes after the
hour is fixed for the holding of the meeting of the Council
and if a quorum is present, an Acting Mayor who has been
appointed to this position by by-law shall preside over the
meeting and have the same authority as the Mayor would have
had if present.
b)
When the Mayor and Acting Mayor are absent or re6use to act,
the Council may by resolution appoint one of its members to
act in the place and stead of the Mayor and Acting Mayor, and
such Member shall have the same authority as the Mayor.
Quorum
If a quorum is not present one-half hour after the time appointed
for a meeting of the Council, the Clerk shall record the names of
the Members present and the meeting shall stand adjourned until
the next meeting.
.... Continued Page 3
Order of Business
The routine order of business for the regular meetings of Council
shall be as follows:
Meeting Called To Order
Minutes of Previous Meetings
Presentations
Delegations
Commi ttee Reports
Motions
By-laws
Notices of Motion
Other Business
Confirmation By-law
Adjournment
13. Committee of the Whole
When it appears that any matter may be more conveniently
considered in Committee of the Whole, Council may on motion
resolve into a Committee of the Whole, and the proceedings taken
in Committee when adopted by Council shall be deemed to be the
proceedings of Council. The Mayor may preside in the Committee of
the Whole or may request the Acting Mayor to preside.
14. Duties of the Mayor
It shall be the duty of the Mayor to,
expel or exclude from any meeting any gerson who has been
guilty of improper conduct at the meeting,
b) announce the business before the Council in the order of
which tt is to be acted upon,
c)
put to vote all questions, which are regularly moved and
seconded, or necessarily arise in the course of the
proceedings, and to announce the result,
d) decline to put to vote motions which infringe the rules of
procedures,
e) restrain the members, when engaged in debate, within the
rules of order,
f) to open the meeting of Council by taking the Chair and
calling the Members to order,
g) to enforce on all occasions, the observance of order and
decorum among the Members,
h)
to call by name, any Member persisting in breach of the rules
and regulations of the Council, thereby ordering the Member
to vacate the Council Chamber,
i) to authenticate by signature, when necessary, all by-laws,
resolutions and minutes of Council,
j) to inform the Members of Council on any point of order,
k) to perform other duties when directed to do so by a
resolution of Council,
1) to represent and support Council, declaring its will and
implicitly obeying its decisions,
.... Continued Page 4
m)
n)
to adjourn the meeting when the business is concluded, and
to adjourn the sitting without the question being put or to
suspend or recess the sitting for a time to be named if
considered necessary because of grave disorder.
RULES OF DEBATE IN COUNCIL AND COMMITTEES OF COUNCIL
15. Decorum During Debate
During debate, and while the Chairman is speaking, or the Council
is engaged in voting, no Member is peKmitted to disturb the
Council by whispering, or walking across the ~loor, or in any
other way.
16. Recognition of )iember
Every Member shall raise their hand and be recognized by the
Chairman prior to speaking %o any mat%er or motion.
17. Order of Speakers
When two or more Members raise their hands to speak, the Chairman
shall designate the Member who has the floor who shall be the
Member who, in the opinion of the Chairman, raised their hand
first.
18. Requirement to Vote
When a motion is put, every Member present at a meeting shall vote
unless they have a conflict of interest. If a Member refuses to
vote, the Member shall be deemed to have voted in the negative.
19. Decorum While Calling Vote
When the Chairman 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 Chairman, and during
such time no Member shall cross the floor or speak to any other
Member or make any noise or disturbance.
20. Interruptions
21.
22.
When a Member is speaking, no other Member shall pass between the
Member and the Chair or interrupt except to raise a point of order.
Requirement to Read Motion
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
speaking.
Speaking to a Motion
a) No Member shall speak more than once to the same motion
except,
i)
wi th leave of the Chairman, in explanation of a material
part of their speech which may have been interpreted
incorrectly,
ii) with leave of the Chairman, after all other Members so
desiring have spoken,
iii) a reply may be allowed by leave of the Chairman to the
Member who presented the motion, in which case the
Member shall speak for no longer than a five minute
period.
.... Continued Page 5
b) Except with the leave of the Chairman, no Member shall speak
longer than ten minutes to the motion before Council.
23. 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 De stated
concisely and asked only through the Chairman.
b)
Notwithstanding paragraph ia) above, when a Member has been
recognized as the next speaker, such Member may immediately
before speaking ask a question through the Chairman on the
motion under discussion but only for the purpose of obtaining
information, following which the Member shall speak.
24. Proceedings Decided by Chairman
In all other proceedings of Council, the matter shall be decided
by the Chairman, subject to an appeal to Council on a point of
order.
25.
26.
POINTS OF ORDER AND PRIVILEGES
Questions of Order
The Chairman shall preserve order and decide Questions of order.
Rules For Rising on Points of Order and Privilege
a)
b)
c)
When a Member rises on a point of order, the Member shall ask
leave of the Chairman to raise a point of order and afte~
leave is granted, the Member shall state the point of order
tO the Chairman and await the decision of the Chairman on the
point of order.
Thereafter, a Member shall only address the Chair for the
purpose of appealing the Chairman's decision to Council.
If the Member does not appeal, the decision of the Chairman
shall be final.
d) If the Member appeals to 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.
e) When a Member has a question of privilege or considers that
their integrity or the integrity of the Council as a whole
has been impunged, the Member may as a matter of privilege,
and with the leave of the Chairman, rise for the purpose of
drawing the attention of Council to the matter.
CONDUCT OF MEMBERS IN COUNCIL
27. Respectful Language
No Member shall 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.
28. Unparliamentary Language
No Member shall use offensive works or unparliamentary language in
or against Council or against any Member.
.... Continued Page 6
2g.
30.
Speaking in Council
No Member shall speak on any other subject other than the motion
being debated.
Criticism of Council Decisions
No Member shall criticize any decision of Council except for the
purpose of moving a motion to be reconsidered.
31.
32.
33.
34.
35.
DELEGATIONS
a)
With respect to Meetings of Council, persons desiring to
verbally present information on matters before Council may be
heard on leave of Council but shall be limited in speaking
not more than ten minutes and shall notify the Clerk no later
than noon of the preceding Friday of appearing before Council
and state the nature of the issues they wish to address.
b)
With respect to Meetings of Committees, persons desiring to
verbally present information on matters of fact or make a
request may be heard on leave of the Committee but shall be
limited in speaking not more than ten minutes and shall
notify the Clerk no later than 5:00 p.m. of the day of
appearing before Council and state the nature of the issues
they wish to address.
MOTIONS
Introduction of Motion Without Notice
A motion may be introduced without notice and read by the Chairman
and upon leave of Council resolved by a two-thirds majority of
Members present without debate in which case it shall be set out
in full in the minutes of the meeting of Council at which it is
considered.
Notices of Motion
a)
Notices of all new motions shall be given in writing and
delivered to the Clerk before noon of the Friday preceding
the meeting of Council and shall be printed in full in the
agenda or delivered to all Members for that meeting of
Council and each succeeding meeting until it is considered or
otherwise disposed of. The motion shall be signed by the
mover and seconder and shall be deemed to be complete and
correct as presented.
b)
Any Member of Council may agree to second a notice of motion
if the seconder is absent from a meeting when the notice of
motion is called from the Chair.
c)
If the m~ver of the notice of motion is absent from the
meeting at which it iS to be considered, the notice of motion
shall be referred to the next regular meeting of Council.
Secondin9
A motion must be formally seconded before the Chairman can put the
question or for it to be recorded in the minutes.
Withdrawal
After a motion is read or stated by the Chairman, 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
.... Continued Page 7
36.
Priority of Disposition
A motion preperly before 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) a point of order or personal privilege
b) to table
c/ to divide
d) that the question be now put
e) to refer
f) to defer
g) to amend
h) to suspend any section of the Rules of Procedure
i) to recess
j) tn adjourn
37. Deferral Motions
A motion to defer to a certain day or for a particular reason
shall be in order after a motion is read or stated by the Chairman
and debate shall be confined to the propriety of the deferral.
38. Amendments
39.
A motion to amend,
a) shall be presented in writing if requested by the Chairman,
b) shall be relevant to the original motion,
c) a motion to amend an amending motion shall be disposed of by
Council before the motion to amend the original motion.
d) only one motion to amend an amendment to the original motion
shall be allowed and any further amendment must be to the
original motion.
e) shall be disposed of by Council before the original motion
f) shall not be received if it proposes a direct negative to the
original motion.
The Previous Question
A motion for the previous question,
a) cannot be amended,
b) cannot be proposed when there is an amending motion under
consideration except for the purpose of moving that the
amending motion be put.
c) when resolved in the affirmative, the original motion (s to
be put forward without debate or amendment.
d) can only be moved in the following words: "That the question
be now put." or "To call the question.".
e) A motion to put the previous Question requires a two-thirds
vote of the Members present.
.... Continued Page 8
40,
41.
42.
Adjournment
A motion to adjourn,
a) shall always be in order except as provided in this section
and shall be put immediately without debate,
when resolved in the negative, cannot be made aqain until
after some intermediate proceedings shall have been completed
by Council,
is not in order when a Member is speaking nor during the
verification of a vote,
d) cannot he amended,
e) is not in order in~nediately following the affirmative
resolution for the previous question.
Privileges
A motion on a matter of privileges shall receive disposition of
Council upon receipt and, when settled, the question so
interrupted shall be resumed at the point where it was suspended.
Reconsideration
a)
After a substantive motion has been decided, any Members who
voted or are deemed to have voted thereon in the majority,
may at any time prior to adjournment of the meeting at which
such substantive motion was decided, give notice in writing
that they will move. at the first meeting held thereafter, a
reconsideration motion.
b)
The Council shall immediately upon receipt of such notice,
vote as to whether or not the notice will be considered at
the first meeting held thereafter, and should the ensuing
division result in the minority vote being less than
one-third of those present and voting, such notice for
reconsideration shall be declared lost.
c)
d)
e)
f)
After such notice has been given and accepted, no action
shall be taken to carry into effect the original motion until
after the motion to reconsider has been disposed of at the
next regular meeting or a special meeting called to consider
the accepted notice.
Every motion for reconsideration considered at a subsequent
meeting shall be declared lost, unless passed wtth the
majority of the Members of Council present and voting.
No discussion of the original motion shall be allowed upon
presentation of a notice for reconsideration or upon an
accepted notice for reconsideration or upon the motion to
reconsider until the Council has voted to reconsider the
same, but the Member giving such notice may have the
privilege of stating the reasons for doing so.
No motion upon which a notice for reconsideration has been
accepted shall be considered more than once, nor shall a vote
to reconsider be reconsidered.
g)
The words "the first meeting held thereafter" in paragraphs
ia) and (b) hereof shall mean the first regular meeting of
Council or a special meeting called to consider an accepted
motion for reconsideration.
.... Continued Page 9
43. Referral Motions
A motion to refer or to refer back a motion or matter to a
Committee or a member of staff with instructions may be amended
but shall be disposed of by Council before the original motion er
any other motion pertaining to the original motion.
44. 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.
45. Motion to Rescind
A motion to rescind a previous resolution of Council requires a
majority vote of the Council provided that notice has been given
at the previous meeting or in the call of the meeting and (f
notice has not been given, a motion to rescind requires a
two-thirds vote of the Members present and voting.
46. Motion to Table
A Member shall not be allowed to speak to a motion and immediately
move a tabling motion.
47. Negative Motion
A motion to rescind a defeated motion of Council is not required,
and the subject matter may not be reintroduced or debated in any
form without leave of Council upon a majority vote of the Members
present and voting.
VOTING ON MOTIONS
48. Question Stated
Immediately preceding a vote, the Chairman 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.
49. No Interruption After Question
After the Chairman has called the vote on a motion, no Member
shall speak to the motion or shall any other motion be presented
until after the vote and the result has been declared.
50. Vote Not Allowed
A Member shall not be entitled to vote on any part of a divided
mo%ton, if the Member did not vote on the motion to divide,
51. Unrecorded Vote
The manner of determining the decision of Council on a motion
shall be by the prominent show of hands.
52. Disagreement With Result of Vote
If a Member disagrees with the announcement of the Mayor that a
motion is carried er defeated, the Member may, but only
immediately after the declaration by the Chairman, object to the
declaration and a recorded vote shall be taken.
.... Continued Page l0
53.
54.
55.
Recorded Vote of Council
Where a vote of Council is taken for any purpose and a Member
requests immediately prior or immediately subsequent to the taking
of the vote that tbe vote be recorded, each Member present,
beginning with the requester of the recorded vote and
alphabetically thereafter, except a Member who is disqualified
from voting by any Act, shall announce their vote openly and the
Clerk shall record each vote, The Mayor shall be called upon to
vote following all other Members. If a Member refuses to vote,
the Member shall be deemed to have voted in the negative,
Vote of Head of Council or Presiding Officer
The Head of the Council, or the Presiding Officer, except when
disqualified to vote by reason of interest or otherwise, may vote
with the other Members on all questions, and, except where
otherwise expressly provided by the Municipal Act, any question on
which there is an equality of votes shall be deemed to be negative.
Two-Thirds Vote
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
three of five Members
three of four Members
56. Contingencies
GENERAL
In all contingencies eot provided for in this by-law, the question
sha)l be decided by the Chairman and in making such a ruling, the
decision shall be based on Roberts Rules of Order.
57. Suspension of Rules
58.
By-law
day of
Any procedure required by this by-law may be suspended with
consent of not less than two-thirds of the Members present.
By-laws 3714 and 4221 are hereby repealed,
passed a first, second and third time and finally passed this lBth
February, 1990.
Mayor