HomeMy WebLinkAboutBy-law 7926/22 - Procedure By-lawThe Corporation of the City of Pickering
By-law 7926/22
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 Page
01 Definitions 5
02 Application of this By-law 6
03 Duties 6
Council
Mayor/Chair
04 Types of Meetings of Council 8
Inaugural Meeting
Regular Council Meetings
Special Meetings of Council or a Standing Committee
Closed Meetings
Standing Committee Meetings
Statutory Public Information Meetings
Advisory Committees
Special or Ad Hoc Committee
Appointment of Alternate Member to Upper Tier Council
05 Closed Meeting Rules 11
General
Public Information on Closed Meeting Business
Information - Confidential
Distribution of Confidential Material
Limits on Voting Actions at Closed Meeting
Final Decision on Item from Closed Meeting
Authority to Speak on Closed Meeting Matters
Confidential Report
Enquiries regarding Closed Meetings
Contraventions
By-law 7926/22 Page 2
Complaints About the Appropriateness of a Closed Meeting
Education & Training Sessions
06 Disclosure of Pecuniary Interest Rules 14
07 Notification of Meetings 15
Public Notification
Emergency Notification
Cancellation/Postponement of Meetings
08 Meetings 15
Place of Meetings
Chairing of Meetings
Clerk’s Attendance at Meetings
Recording of Minutes
Committee Meetings - Rules of Procedure
Prohibited – Signs, Banners, Emblems, Flags, Cameras, Video Recordings
Access to Council Floor
Meeting Called to Order
Quorum
Absence of Chair
Agendas and Minutes
Consideration of Items
Adjournment Hour/All Meetings
Motion to Continue Past 12:00 am
09 Electronic Participation 18
10 Conduct at Meetings 19
Members of the Public
Members of Council
Actions When a Member’s Behaviour is Inappropriate
11 Order of Business 20
The Order of Business for the Regular Meetings of Council
Change in Order of Business
12 Presentations 21
13 Delegations 21
Delegations
Delegation Time Limit
Delegations at a Statutory Public Information Meeting
Delegations Requesting Action
Audio Visual Equipment for Delegations
By-law 7926/22 Page 3
Priority of Delegations
Conduct of the Delegation
Questions to the Delegation
14 Correspondence 24
15 Committee Reports 24
16 New and Unfinished Business 24
Reports of an Urgent Nature
Introduction of a Motion
17 Notice of Motion 25
18 By-laws 25
19 Other Business 25
Other Business
Notice of Motion
Substantive Information Reports
20 Confirmatory By-law 26
21 Adjournment 26
22 Rules of Debate 26
Chair Reads Motion Aloud
Requirement to Read Motion
Decorum During Debate
Recognition of Member
Order of Speakers
Speaking to a Motion
Questioning the Motion
Proceedings Decided by Chair
Chair’s Decision Final Unless Appealed
Appeal of Decision of Chair
23 Common Motions 27
Seconding
Withdrawal
Priority of Disposition
Questions of Privilege and Points of Order
Motion to Table
Motion to Divide
By-law 7926/22 Page 4
Referral Motion
Motion to Postpone to a Certain Time/Deferral Motion
Amendments
Motion to Adjourn
Reconsideration
Motion to Rescind
Question Stated
No Interruption After Question
24 Voting 31
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 Vote of Council
Vote of the Chair
Vote on the Question
25 Contingencies 32
26 Suspension of Rules 32
27 Two-Thirds Vote 32
28 Commencement and Administration 33
By-law 7926/22 Page 5
01 Definitions
a) “Act” - The Municipal Act, 2001, S.O. 2001, c.25, as amended;
b) “Chair” - the person elected or chosen to preside over a Council,
Standing Committee or other type of Meeting;
c) “Chief Administrative Officer” - the Chief Administrative Officer of the
City of Pickering;
d) “Clerk” - the City Clerk of the City of Pickering;
e) “Closed Meeting” - a Meeting which is not open for public attendance;
f) “Committee” - includes Standing Committees, Ad-Hoc Committees
and Advisory Committees, which may be appointed by Council from
time to time;
g) “Council” - the Council of the City of Pickering;
h) “Councillor” - the elected representative of a Ward on the Council of
the City of Pickering;
i) “Delegation” - an address to Council or a Committee by one or more
persons who are not Members of Council, City staff, or consultants
hired by the City;
j) “Deputy Mayor” - The member of Council appointed to act in place of
the Mayor under section 242 of the Act;
k) “Inaugural Meeting” - the first Meeting of a new Council after a
municipal election where the declarations of office are made;
l) “Majority” - greater than 50% of the Members present;
m) “Mayor” - the Head of Council for the City of Pickering;
n) “Meeting” - 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
o) “Member” - a member of the Council or Committee;
p) “Notice of Motion” - advance notice to Members of a matter on which
Council will be asked to take a position;
By-law 7926/22 Page 6
q) “Pecuniary Interest” - 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” - a ceremonial presentation to or from the City of
Pickering;
s) “Public Consultation Meeting” - a Meeting hosted by staff, committee or
Council in order to receive input from the public regarding a specific
matter;
t) “Recorded Vote” - the making of a written record of the name and the
vote of each Member who votes on a question;
u) “Regular Meeting” - a scheduled Meeting held in accordance with the
approved calendar/schedule of Meetings;
v) “Rules of Procedure” - the rules which are set forth in this by-law;
w) “Special Meeting” - a Meeting of Council or a Committee that is
arranged outside of the normal Meeting schedule to deal with only
specific item(s) of business;
x) “Standing Committees” – the Executive Committee or the Planning &
Development Committee; and,
y) “Statutory Public Information Meeting” - a Meeting that is legislated
under an Act and hosted by staff, a Standing Committee or Council in
order to inform the members of the public about a matter.
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. In the case for which provision is not made in this By-law, the
procedure to be followed shall be determined by a majority vote of the
Members present and voting.
03 Duties
03.01 Council
Members of Council shall come prepared to every Meeting by having read all
the material supplied, including agendas and staff reports, to facilitate
discussion and the determination of action at the Meeting. Whenever
possible, the Member(s) shall make inquiries of staff regarding the materials
supplied in advance of the Meeting.
By-law 7926/22 Page 7
03.02 The Mayor or Chair shall:
a) Open the Meetings by taking the chair and calling the Members to
order.
b) Announce the business before Council or the Committee and the order
in which it is to be acted upon.
c) Receive and submit, in the proper manner, all motions presented by
the Members.
d) Put to a vote all motions, which are moved, or necessarily arise in the
course of the proceedings, and announce the result.
e) Enforce the Rules of Procedure and rule upon all procedural matters.
f) Restrain the Members, when engaged in debate, within the Rules of
Procedure.
g) Enforce on all occasions the observance of order and decorum by the
Members and any other persons present in the Chamber.
h) Call by name, any Member persisting in breach of the Rules of
Procedure and to order them to vacate the Chamber in which the
Meeting is being held.
i) 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.
j) 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.
k) Rule on any points of order or points of privilege without debate or
comment.
l) Rule whether a motion or proposed amendment is in order.
m) 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.
n) The Chair may speak and/or vote on any question, but if they wish to
make a motion, they shall first leave the Chair by designating an Acting
Chair to act in their place, until they resume the Chair.
o) Call for a motion to adjourn the Meeting when the business is
concluded.
By-law 7926/22 Page 8
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 Types of Meetings of Council
04.01 Inaugural Meeting
a) The inaugural Meeting of Council shall be held 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) Invocation
iii) Indigenous Land Acknowledgment Statement
iv) Swearing in ceremony
v) Inaugural address
vi) Adjournment
04.02 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 pm 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.
04.03 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 in the petition.
By-law 7926/22 Page 9
c) The Clerk shall give all Members notice of a Special Meeting 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 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.
04.04 Closed Meetings
All Meetings of Council closed to the public will be held prior to the regular start
time, unless otherwise provided by resolution of Council, and will only deal with
matters that Council is authorized to deal with in a closed session.
04.05 Standing Committee Meetings
There shall be a Planning & Development Committee and an Executive
Committee, 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 pm in the Council Chambers, unless otherwise provided
by resolution of the Council. 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.
c) The Planning & Development Committee shall meet on the first
Monday of each month at 7:00 pm in the Council Chambers, unless
otherwise provided by resolution of the Council. 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.
04.06 Statutory Public Information Meetings
By-law 7926/22 Page 10
a) Public Meetings shall be held at Standing Committee Meetings, as
required by applicable legislation, or by Council, or when considered
desirable by staff.
b) Appropriate advertising shall be undertaken as required by applicable
legislation, by-law or according to City policy, to advise interested
persons of the subject matter, date and time.
04.07 Advisory Committees
a) All Advisory Committees of Council are required to adhere to this
Procedure By-law and the general terms of reference for all advisory
committees 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;
b) All advisory committees are required to present a yearly work plan and
annual report on the status of the work plan to Council; and
c) Members of Council that serve on Advisory Committees may move,
second and vote on items.
04.08 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. When a Special or Ad Hoc Committee has completed
its work and made its report to Council, the Committee shall be deemed to be
dissolved.
04.09 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 04.09(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,
By-law 7926/22 Page 11
procedures, practices, and codes of conduct established by the Upper
Tier Council.
05 Closed Meeting Rules
05.01 General
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.
By-law 7926/22 Page 12
05.02 Public Information on Closed Meeting Business
a) 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.
b) If 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.
05.04 Distribution of Confidential Material
The Clerk must 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.
05.05 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.
05.06 Final 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.
05.07 Authority to Speak on Closed Meeting Matters
By-law 7926/22 Page 13
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 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.
05.09 Enquiries regarding Closed Meetings
The response of Members to inquiries about any matter dealt with by 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 to 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.
05.10 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
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.
05.11 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 a 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.
05.12 Education & Training Sessions
By-law 7926/22 Page 14
a) The Council, in deciding to convene an Education & Training Session,
shall designate the general purpose or purposes for which the session
is to be held as permissible under Section 239 of the Municipal Act,
2001.
b) Notice of the Education & Training Session shall be given in
accordance with Section 07.
c) 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.
d) The Clerk shall take notes describing in general terms each subject
matter dealt with at an Education & Training Session.
06 Disclosure of Pecuniary Interest Rules
06.01 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.
06.02 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.
06.03 Notwithstanding Section 06.02, 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 this matter is under
consideration.
06.04 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.
06.05 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.
By-law 7926/22 Page 15
06.06 Any verbal declarations made under 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 office of the Clerk through a Disclosure of Interest Registry.
07 Notification of Meetings
07.01 Public Notification
Public notification shall be deemed to have been given by the posting of the
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 4:00 pm on the Friday, 10 days prior to the
Meeting date.
b) Council Meetings – by 4:00 pm on the Friday preceding the Council
Meeting.
c) Special Meetings – at least twenty-four hours preceding the Meeting.
d) Closed Meetings – at least twenty-four hours preceding the Meeting
07.02 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 possible and in
the most expedient manner available.
07.03 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.
Upon notice of a Meeting cancellation, the Clerk shall attempt to notify the
public as soon as possible and in the most expedient manner available.
08 Meetings
08.01 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
Council.
08.02 Chairing of Meetings
a) Every Council Meeting shall be chaired by the Mayor, if present;
By-law 7926/22 Page 16
b) The Chair of the Standing Committees shall be rotated each Meeting
amongst the Members of Council, in alphabetical order by last name.
08.03 Clerk’s Attendance at Meetings
The City Clerk or 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.
08.04 Recording of Minutes
a) The Clerk shall record without note or comment all resolutions,
decisions and other proceedings at a Meeting, whether it be closed to
the public or not;
b) The record required by the Act in respect of a Meeting, shall be made
by:
i) The Clerk, in the case of a Meeting of Council; or
ii) The appropriate officer, in the case of a Meeting of a
Committee.
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.
08.06 Prohibited – Signs, Banners, Emblems, Flags, Cameras, Video Recordings
To ensure that all members of the public are comfortable participating in
Meetings:
a) Signs, banners, emblems, flags, cameras, audio and video recordings
by the public are prohibited in the Chambers except by permission of
the Chair;
b) 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.
08.07 Access to Council Floor
No person except members of Council, the Clerk, and officials authorized by
the Clerk:
By-law 7926/22 Page 17
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.
08.08 Meeting Called 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
to order.
08.09 Quorum
a) If a quorum is not present one-half hour 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) A majority of the Members elected to the Council shall constitute a
quorum.
08.10 Absence of Chair
a) Council Meetings - 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, 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 chair the Meeting as the
Mayor would have had, if present.
b) When the Mayor and Deputy 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 Deputy Mayor, and such Member
shall have the same authority to chair the Meeting as the Mayor.
c) Standing Committee Meetings – If the Chair does not attend within
fifteen minutes after the hour is fixed for the holding of the Meeting of
the Committee and if a quorum is present, the Council Member who is
next in alphabetical order to Chair will assume the position of Chair.
08.11 Agendas and Minutes
The agendas, minutes and any written notices pertaining to any Standing
Committee and Council Meeting shall be sent to all Members of Council.
08.12 Consideration of Items
By-law 7926/22 Page 18
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.
08.13 Adjournment Hour/All Meetings
All regular Meetings shall stand adjourned when all business has been
completed as listed on the Order of Business or at the hour of 12:00 am.
08.14 Motion to Continue Past 12:00 am
a) In the event the business before Council has not been completed at
the hour of 12:00 am, then Council may, by a majority vote of all the
Members present, approve an extension of the Meeting to the hour of
1:00 am.
b) At 1:00 am, any unfinished business shall be deferred to the next
regular Meeting of Council, unless a resolution of Council is made to
reconvene the Council Meeting to another day and time prior to the
next regular Meeting of Council. A resolution to reconvene to 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 is adopted, the Meeting 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.
c) Motions to continue past 12:00 am are not debatable.
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
medical reasons, illness 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, 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.
09.02 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 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 City Clerk may provide for electronic participation of staff at any Meeting,
including the City Clerk. The Clerk may also provide for electronic participation
for consultants or anyone who has been hired by the City to provide services
By-law 7926/22 Page 19
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 on screen during an electronic Meeting.
09.04 Notwithstanding the provisions of Section 09.01, the City 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 programs. The
means used to facilitate an electronic Meeting shall be determined by the City
Clerk.
09.06 A Member must provide sufficient notice to the City 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 and the City
Clerk shall arrange for such delegations. Delegates shall provide a phone
number to be connected into the Meeting via audio. 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 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 as needed.
10 Conduct at Meetings
10.01 Members of the Public
The Chair will ensure that members of the Public shall be 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.
10.02 Members of Council
Members of Council shall:
a) act in accordance with their declared Oath of Office;
By-law 7926/22 Page 20
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.
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
decide, not to recognize the Member, for the balance of that Meeting, in which
case the Member shall not speak or vote for the remainder of that Meeting.
11 Order of Business
11.01 The Order of Business for the Regular Meetings of Council shall be as
follows:
a) Meeting Called To Order/Roll Call
b) Invocation
c) Indigenous Land Acknowledgment Statement
d) Disclosures of Interest
e) Adoption of Minutes
f) Presentations
By-law 7926/22 Page 21
g) Delegations
h) Correspondence
i) Committee Reports
j) New and Unfinished Business
k) Motions and Notices of Motion
l) By-laws
m) Confidential Council
n) Other Business
o) Confirmation By-law
p) Adjournment.
11.02 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 vote of the majority of the Members present
and voting.
12 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
jointly with another Member or Members of Council.
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.
13 Delegations
13.01 Delegations
a) Delegations are encouraged to appear before the Standing Committee
having charge of the matter which is the subject of the delegation.
b) Delegations that have appeared at a Standing Committee regarding a
particular matter and wish to relay additional and/or new information
about that matter at Council may do so.
By-law 7926/22 Page 22
c) All in-person delegations, for items listed on an agenda, shall register
in writing with the City Clerk by 12:00 noon on the Meeting date.
d) All electronic delegations, for item listed on an agenda, shall register in
writing with the City Clerk by 12:00 noon on the business day prior to
the Meeting date.
e) All delegations for items not listed on an agenda shall register ten (10)
days prior to the Meeting date.
f) 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) 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..
h) 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, unless otherwise approved by Council.
13.02 Delegation Time Limit
a) A maximum of 10 minutes shall be allotted for each delegation to
present his/her/their position at a Meeting.
b) A delegation will not be permitted to take any unused time allocated to
another delegation.
13.03 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 Clerk by noon the business day prior to the Meeting.
Delegations appearing in person for statutory public Meetings are encouraged
to register with the City 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 Planning Act, but shall be heard after all delegations, either
electronically or in-person, who have pre-registered with the City Clerk by the
deadlines outlined in this By-law.
13.04 Delegations Requesting Action
By-law 7926/22 Page 23
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
of Council.
13.05 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 City 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.
13.06 Priority of Delegations
Delegations shall be listed in 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.
13.07 Conduct of the Delegation
a) The Chair may curtail 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 or Committee or Council;
v) debate with other Delegations, City staff, Council Members or
the Chair.
13.08 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 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
By-law 7926/22 Page 24
Member’s own statements through the delegation. Delegations are
an opportunity for Delegates, not Members, to make their views
known. For example, 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 or questions of the Delegation shall be permitted.
14 Correspondence
14.01 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
before the Meeting of Council.
14.02 The Clerk shall prepare a summary of the substance of all correspondence for
inclusion in the agenda.
15 Committee Reports
15.01 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.
16 New and Unfinished Business
16.01 Reports of an Urgent Nature
Departmental reports which are deemed by the Chief Administrative Officer to
be of an urgent nature and which have not been considered by a Standing
Committee shall be listed under the New and Unfinished Business section of
the agenda for Council’s consideration.
16.02 Introduction of a Motion
a) A Member may, with the consent of two-thirds of the Members
present, introduce a motion under New and Unfinished Business if
the motion cannot, due to its urgent nature, be properly presented at
a Meeting in accordance with Section 17 of this By-law.
b) A Member desiring to introduce a main motion must do so in writing
to the Clerk.
By-law 7926/22 Page 25
17 Notice of Motion
17.01 A Member desiring to introduce a notice of motion must do so in writing at any
Meeting, at least 10 days prior to the Meeting at which the motion will be dealt
with. Introduction of notices of motion must be done as “Other Business”.
17.02 In order to be listed in the 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 pm on the Wednesday prior to the Council Meeting at
which the motion will be dealt with.
17.03 The Clerk, upon receipt of a motion in accordance with this Section, shall print
the motion in full in the agenda for the Council Meeting at which it is to be dealt
with.
17.04 A notice of motion that has been introduced but does not appear on the
agenda within two Council Meetings shall be removed from the list of
upcoming agenda items, unless otherwise directed by Council.
18 By-laws
18.01 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.
18.02 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 Act.
18.03 Every by-law which has been passed by the Council shall be numbered,
dated, sealed with the seal of the Corporation, signed by the Mayor and the
Clerk and deposited by the Clerk in their office for safekeeping.
19 Other Business
19.01 Other Business
At any Meeting under Other Business, Members may congratulate, report on
events and promote upcoming events of public importance or interest.
19.02 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”.
19.03 Substantive Information Reports
By-law 7926/22 Page 26
All Members’ requests for substantive information or reports from staff shall
require the approval of a majority of Members present at a Meeting. Such
requests shall identify the appropriate Department and/or Director and the
objective(s) of the report.
20 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 actions of the
Council in respect of all motions, resolutions and other actions taken
subsequent to the last Regular Council Meeting. A Confirmatory By-law, when
introduced, shall be taken as having been read and shall be voted on without
debate.
21 Adjournment
21.01 The Council may adjourn upon a motion approved by the majority of Members
present.
22 Rules of Debate
22.01 Chair Reads Motion Aloud
To begin debate, the Chair reads the motion aloud.
22.02 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.
22.03 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.
22.04 Recognition of Member
Every Member shall raise their hand and be recognized by the Chair prior to
speaking to any matter or motion.
22.05 Order of Speakers
When two or more Members raise their hands to speak, the Chair shall
designate the Member who has the floor who shall be the Member who, in the
opinion of the Chair, raised their hand first.
By-law 7926/22 Page 27
22.06 Speaking to a Motion
A maximum of 10 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 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 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 5 minute period.
22.07 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.
22.08 Proceedings Decided by Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal to Council on a point of order.
22.09 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.
22.10 Appeal of Decision of Chair
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. The question to Council would be “Do you support
the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair.
23 Common Motions
By-law 7926/22 Page 28
23.01 Seconding
A motion must be formally seconded before the Chair can put the question or
for it to be recorded in the Minutes.
23.02 Withdrawal
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.
23.03 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.
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.
23.05 Motion to Table
By-law 7926/22 Page 29
A motion to table temporarily sets aside a pending motion (or a series of
pending motions) to consider another matter deemed more urgent. 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
Council, the motion dies.
23.06 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.
23.07 Referral Motion
A motion to refer a motion or matter to a Committee or to City staff with
instructions is debatable and amendable but, shall be disposed of by Council
before the original motion or any other motion pertaining to the original motion.
A member who moves a motion to refer shall also include in the motion:
i) The name of the committee, body or official to whom the
motion or amendment is to be referred;
ii) The terms upon which it is to be referred; and
iii) The date or period, if any, within which the matter is to be
returned.
23.08 Motion to Postpone to a Certain Time/Deferral Motion
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 and debate shall be confined to the time and place
to which the matter shall be deferred.
23.09 Amendments
a) A motion to amend:
i) shall be presented in writing if requested by the Chair;
ii) shall be relevant to the original motion;
iii) shall be disposed of by Council before the original motion; and
iv) shall not be received if it proposes a direct negative to the
original motion.
b) a motion to amend an amending motion shall be disposed of by
Council before the motion to amend the original motion;
c) only one motion to amend an amendment to the original motion shall
be allowed and any further amendment must be to the original
motion;
By-law 7926/22 Page 30
23.10 Motion to Adjourn
a) Is not debatable or amendable;
b) Is always in order except when a member is speaking or during a
vote;
c) If carried, requires that the Meeting be immediately halted, regardless
of the stage of proceedings;
d) If not carried, no new motion to adjourn may be made again until
after some intermediate proceedings shall have been completed by
Council.
23.11 Reconsideration
After a matter has been decided, and if no action on the decided matter has
been taken that cannot be undone, any Member who voted in the majority may
move for reconsideration at the same Meeting, or may give notice of a motion
for reconsideration of the matter at a subsequent Meeting. No discussion of
the original motion shall be allowed until the motion for reconsideration has
carried. A reconsideration motion requires a two-thirds vote of the Members
present. No matter shall be reconsidered more than once within 12 months.
23.12 Motion to Rescind
A motion to rescind a previous resolution of Council requires a majority vote of
the Council at a Council Meeting 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.
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.
23.14 No Interruption After Question
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.
By-law 7926/22 Page 31
24 Voting
24.01 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.
24.02 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.
24.03 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.
24.04 Determination of Votes
The manner of determining the decision of Council on a motion shall be by the
prominent show of hands.
24.05 No Secret Voting
No vote may be taken by ballot or any other method of secret voting.
24.06 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.
24.07 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.
24.08 Recorded Vote of Council
Where a vote of 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,
By-law 7926/22 Page 32
shall announce their vote openly and the Clerk shall record each vote. The
Mayor shall be called upon to vote following all other Members.
24.09 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.
24.10 Vote on the Question
A motion that a vote on the question be now taken:
a) cannot be amended or debated;
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, shall be followed immediately by
the original motion which shall be put forward without debate or
amendment;
d) can only be moved in the following words: "That the question be
now put" or "Call the question"; and
e) requires a two-thirds vote of the Members present.
25 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.
26 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.
27 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 7926/22 Page 33
28 Commencement and Administration
28.01 This by-law shall be administered by the Clerk.
28.02 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 7781/20 are hereby repealed.
28.03 The short title of this by-law is the “Procedure By-law”.
By-law passed this 25th day of April, 2022.
________________________________
David Ryan, Mayor
________________________________
Susan Cassel, City Clerk
Original Signed By
Original Signed By