HomeMy WebLinkAboutBy-law 3299 The Corporation of the Township of Picketing
A By-law to establish the procedure for meetings
of Council and Committees of Council.
The Council of the Corporation of the Township of
Pickering (hereinafter referred to as ~the Council~) ENACTS:
A~ MEETINGS
1. Ina~_gural Meetings: Subject to the provisions of the
~-~{ci~"'~'~ bh~ hour, date and place of the inaugural
meeting of the Council in every year shall be fixed by the
Council at its last meeting in the next preceding year.
9E~_ip~E~ Meet%ngs: After its inaugural meeting the Council
shall meet on the first Monday of each month, and on such
other days and at such times as may from time to time be
fixed by Council, unless such day shall be legal, public or
civic holiday in which case the Council shall meet at the
same hour the next following day which is not legal, public
or civic holiday and at the same place, or unless postpone-
ment is made in the manner hereinafter provided°
(a) Any ordinary meeting of the Council may be postponed
to a day named in:
(i} A notice by the Head or Acting Head of Council
given through the Clerk's office and two clear
days in advance of the ordinary meeting, or
(ii) A by-law of Council passed by a majority of the
whole number of the members thereof providing.
(iii) Or in extreme emergency, to cancel on poll by
telephone.
(b) The postponed meeting shall be held at the time and
place provided for the ordinary meeting so laid over.
4. Special Meeting~: Subject to the provisions of the Municipal
Act, the Council may be summoned to a special meeting on one
clear day's notice specifying the purpose of such meeting
which shall be the sole business transacted thereat~ In the
event of an emergency decision being required, all members
of Council shall be polled by telephone or other means.
5~ A_d]ourned Meetings: Unless otherwise determined by a Resolu-
tion of Council, passed by a majority of the whole number of
the members thereof, the Council may adjourn upon a motion
duly moved and seconded in the manner hereinafter provided.
B. THE ORDER OF PROCEEDINGS AT A ~EETING OF COUNCIL
1. Meetin_g~called ~o order: As soon after the hour fixe~ for
a meeting as a quorum is present the meeting shall be called
to order.
2. M__ee~t!Dg not called to order: ,fnere a quorum is not present
within thirty minutes after the hour fixed for a meeting,
the Clerk shall record the names of t~ members of Council
present and the meeting shall stand adjourned until the
next meeting.
J. Order of Business: The routine of business for the ordinary
meetings of Council shall be as follows:
(1) Minutes of previous meetings
(2) Accounts
(3) Correspondence (Briefly outlined by the Clerk)
(&) By-laws
(5) Motions
- 2 -
(6) Deputations
(?) Unfinished or new business
(8) Notice of motion
(9) Adjournment
and all business shall be taken up on the order of routine
in which it stands unless otherwise decided by Council.
la It shall be the duty of the Presiding Officer
(a) to open the meeting of Council by taking the chair and
calling the members to order;
(b) to announce the business before the Council in the order
of which it is to be acted upon;
(c) to receive and submit, in the proper manner, all motions
appearing on the agenda and presented by the members
of Council;
(d) to put to vote all questions, which are regularly moved
and seconded, or necessarily arise in the course of the
proceedings, and to announce the result;
{e) to decline to put to vote motions which infringe the
rules of procedure;
(f) to restrain the members, when engaged in debate, within
the rules of 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 of order of the Council thereby ordering him to
vacate the Council Chamber;
(i) to receive all messages and other communications and
announce them to the Council;
(j) to authenticate, by his signature, when necessary, all
By-laws, resolutions, and minutes of the Council;
(k) to inform the Council, when necessary or when referred
to for the purpose in a point of order or usage;
(1) to select the members who are to serve on committees,
when directed to do so in a particular case;
(m) to represent and support the Council, declaring its
will, and implicitly obeying its decisions in all things;
(n) to ensure that the decisions of Council are in conformity
with the laws and By-laws governing the activities of
the Council;
(o) to adjourn the meeting when the business is concluded;
(p) to adjourn the meeting without question put in the case
of grave disorder arising in the Council Chamber.
Decorum: No member shall:
(a) Disturb another, or the Council itself, by any disorderly
deportment disconcerting to any member speaking;
(b) Resist the rules of Council, or disobey the decision of
the presiding officer or of the Council on questions of
order or practice or upon the interpretations of the
rules of order of the Council;
-3 -
be permitted to retake his seat at any meeting after
being ordered by the Presiding Officer to vacate after
committing a breach of any rule of order of the Council,
without making apology and the consent of Council
expressed by a majority vote of the other members
present, determined without debate;
(d} leave his place on adjournment until the Presiding Officer
leaves the chair;
(e) speak until he has addressed himself to the Presiding
Officer;
(f) walk across or out of the Chamber or make any noise or
disturbance when the Presiding Officer is putting a
question and shall occupy his seat while a vote is
being taken and until the result thereof is declared,
or take his seat during a debate on any order of
business unless by leave of the presiding officer.
1. The Presidin~ Officer:
In directing the course of debate, the Presiding Officer
shall;
(a) designate the member who has the floor when two or more
members wish to speak;
(b) preserve order and decide questions of order;
(c} read all motions presented in writing and state all
motions presented verbally before permitting debate on
the question, except when otherwise provided in this
By-lawo
2. In addressing the Council, no member shall;
(a) speak disrespectfully of Her Majesty the Queen or of
any of the Royal Family, or of the Governor-General,
Lieutenant-Governor or any member of the Senate, the
House of Commons of Canada or the Legislative Assembly
of Ontario;
(b) use indecent, offensive or insulting language in Council
or against the Council or any member thereof;
(c) speak beside the question in debate;
(d) reflect upon any prior determination of the Council
except to conclude such remarks with a motion to rescind
such determination;
(e) speak more than once to the same question except;
(i) upon the consideration of a report from a
committee to which it was referred by Council
after being properly introduced and debated
but not determined; or
(ii) in explanation of a material part of his speech
which may have been interpreted incorrectly, or
(iii) with leave of the Chairman, after all other
members so desiring have spoken, or
(iv) a reply may be allowed by leave of the Chairman
to the member who presented the motion to Council,
in which case he shall speak for no longer than
a 5 minute period.
(f) ask a question except of the previous speaker and in
relation to that speaker's remarks;
(g) interrupt the member who has the floor except to raise
a point c~ order.
3~ General:
(a) any member may require the question or motion under
discussion to be read at any time during the debate,
but not so as to interrupt a member while speaking.
(b) any member may appeal the decision of the Presiding
Officer on a point of order to the Council which shall
decide the question without debate upon a majority vote
of the members present°
(c) debate shall be restricted to each proposal in its
turn when a question has been divided upon leave of
Council°
E. MOTIONS:
Introduction without notice: A motion may be introduced
without notice upon leave of Council resolved by a two-third
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.
Notice: At least one day's notice shall be given to all
new motions except matters of privilege or the presentation
of petitions, notices of motion received by the Clerk at
any time the Council is in session, and such notices shall
be set out in full in the agenda of the routine of business
of the meeting at which they are ~o be considered°
3o Form: Subject to paragraph ?E' 15, a motion which when
adopted either becomes an act or expresses the sense of the
Council, shall be submitted in writing over the signature
of the mover or the signatures of the mover and seconder and
shall be complete and correct.
SecondinE: A motion must be formally seconded before the
~-~-esiding Officer can put the question or be recorded in
the minutes.
5. Withdrawal: After a motion is read or has been stated by
the Presiding Officer, it shall be deemed to be in possession
of the Council and can be withdrawn before decision or
amendment only with leave of the Council expressed by
resolution.
6. Priority: A motion properly before Council for decision
must receive disposition before any other motion can be
received except a motion to amend, for the previous question,
to adjourn, to extend the hour of closing proceedings, to
commit or on a matter of privilege°
7o A~me~_d!~_g: A notice to amend:
shall be presen~e~ in writing;
(b) shall receive disposition of Council before a previous
amendment on the question;
(c only one motion to amend an amendment to the question
shall be allowed and any further amendment must be to
the main question;
(d shall be relevant to the question to be received;
(e shall not be received proposing a direct negative to
the question;
(f to separate distinct proposals of a question may be
made;
(g) shall be put in the reverse order to that in which it
is moved.
The Previous Qu~L~on: A motion for the previous question:
cannot be amended;
(bi cannot be proposed when there is an amendment under
consideration;
(c) shall preclude all amendment of the main question;
(dl when resolved in the affirmative, the question is to
be put forthwith without debate or debate or amendment;
(e) when resolved in the negative, the question shall not
be put at the meeting but placed on the routine of
business for the next ordinary meeting of Council to
be held in the year in which the original motion was
made;
(f) cannot be received in any Committee of Council;
(g) can only be moved in the following words ~That the
question be now put~; and
(h) may be voted against by the mover and seconder.
9. A~djournment: A motion to adjourn:
(a) The meeting shall always be in order except as provided
in this paragraph and shall be put immediately without
debate;
(bi when resolved in the negative, cannot be made again
until after some intermediate proceeding shall have
been completed by Council;
{c) 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 of a motion for the previous question.
lC. Repetition: A motion called in the order in which it
stands upon the agenda of the routine of business of a
meeting and which is not decided by Council, shall be allowed
to stand retaining their precedence upon the agenda of the
routine of business of the next ordinary meeting of Council.
ll. ~Ultra Vires~: A motion on a matter beyond the jurisdiction
of the-C~Cil shall not be received by the Presiding Officer.
12. Privilef~e_s: A motion on a matter of privilege shall receive
disposition of Council forthwith upon receipt and when settled
the question so interrupted shall be resumed at the point
where it was suspended°
13. Reconsideration: A motion for reconsideration of a question
which has been decided upon but not acted upon may be made
at any time by a member who voted thereon with the majority
and until decided by Council no further discussion of the
question shall be allowed, but no such motion can be received
which would require reconsideration of the same question
more than once.
14. To Commit: A motion to commit or recommit a question to a
committee or committees with or without instructions, may
be amended but must receive disposition by Council before
the question or an amendment to the question, and when made
prior thereto, before decision on a motion for the previous
question or postponement.
15o Verbal Motions: Incidental motions in respect of a matter
of special privilege, suspension of rules of procedure,
adjournment, postponement, for the previous question, or
commitment may be made verbally°
-6-
16o Divided Motion: A motion containing distinct proposals may
be divided with leave of Council.
F~ VOTING ON MOTIONS:
.Question Stated: Immediately preceding the taking of the
vote thereon, the presiding officer may state a question in
the form introduced, and shall do so if required by a member
except when a motion for the previous question has been
resolved in the affirmative he shall state the question in
the precise form in which it will be recorded in the minutes°
2. InterruR~o_n_: After a question is finally put by the Presiding
~f~f~-~er, no member shall speak to the question nor shall any
other motion be made until after the vote is taken and the
result has been declared.
3. Di_~v~i_o_n__~__~Mg~0_n~: A separate vote shall be taken upon
each proposal contained in a question divided with leave of
Council~
4. V_o~e__qo~ P_r.~s__i~n~0~q~: ~en the Presiding Officer
determines to vote on a question, his vote shall be spoken,
signified, polled and recorded after the votes of each
member voting°
5o V~o~n_o_~.~_!o__w~: A member not present before the result
of a division on a question is declared, shall not be
entitled to vote on that question°
6. Unrecorded Vote: The manner of determining the decision
of Council on a motion shall be at the discretion of the
Presiding Officer, and may be by voice, show of hands,
standing or otherwise.
7. ~_q0_rd__e~.~9_e_: Upon a request made before proceeding to
another item of business, by a member who was present when
the question was stated, a division on the question shall
be taken, and the decision of a vote determined in any
other manner, and whether declared or not, shall not be
binding upon the Council. The manner of determining the
decision of Council on a recorded vote shall be verbal
vote only and the Clerk shall record those voting in the
affirmative, those voting in the negative, those who have
abstained from voting under the provisions of Section 56
of The Municipal Act.
Vote of Head of Council or Presiding Officer: The Head
of the Council, or the Presiding Officer, except when dis-
qualified to vote by reason of interest or otherwise, may
vote with the other members on all questions, and, except
where otherwise expressly provided by this Act, and question
on which there is an equality of votes shall be deemed to
be negatived.
1. ---Order ......... of Business:__ .... The Clerk shall have prepared a list
of the items in ~he order of the topics set out as the
routine of business in paragraph ~D~ 3 for the use of each
member at an ordinary meeting.
2. Minutes:
(a) The Minutes shall record:
(i) the place, date and time of meeting;
(ii) the names of the Presiding Officer or Officers,
and of the members present;
(iii) the reading, presentation, correction and
adoption of the minutes of prior meetings.
-7
(b) It shall be the duty of the Clerk to ensure that the
minutes of the last ordinary meeting and all subsequent
special meetings held more than three days prior to
an ordinary meeting are mailed or delivered to each
member not less than forty-eight hours before the hour
appointed for holding such ordinary meeting°
(c} Such minutes as referred to in paragraph 'G' 2, may
be adopted by Council without having been read at the
meeting considering the question of their adoption,
and in other case the minutes must be read prior to
consideration of adoption.
3o Communications: All written messages, memorials and
enquiries over the signature of the sender for the informa-
tion of Council on matters of fact or which contain a
request for action on the part of the Council in respect of
matters within the jurisdiction of the Council and the
replies thereto may be referred to a Committee or disposed
forthwith~
4o D~eputations: Persons desiring to verbally present informa-
tion on matters of fact or make a request of Council may
be heard on leave of Council but shall be limited in speak-
ing not more than lO minutes except that a deputation
consisting of more than five persons shall be limited to 2
speakers each limited to speak not more than 10 minutes, and
shall notify the Clerk of the Municipality not less than 3
clear days prior to the date of appearing before Council~
5. Petitions: A petition in regard to a matter within the
jurisdiction of Council made over the signatures of the
subscribers shall be presented by a member who knows the
contents thereof and vouches for the propriety of the
petition, and may be received on leave of Council, may be
disposed forthwith, assigned some future time for considera-
tion by Council or referred to a Committee.
6. Committee Reports:
Ia) shall be received upon leave of Council;
(b) may be recommitted to the same or a different committee°
7~ Unfinished Business: The items listed in the order of the
topics set out as the routine of business of prior meetings
which have not been disposed of and the date of their first
appearance on the Order of Business shall be noted, and
repeated on each subsequent Order of Business until disposed
of by Council unless removed from the Order of Business by
leave of Council.
8. By-laws:
(a) Every proposed by-law shall
(i) be introduced by a member upon motion for leave
specifying the title and decided without debate,
or upon the report of a committee;
(ii) receive three separate readings;
(iii) receive not more than two readings on the same
day except with the consent of a majority of
the members present, and not otherwise provided
in law;
(iv) be endorsed by the Clerk with the date of the
several readings thereof;
(v) be the responsibility of the Clerk for correct-
ness when amended;
(vi) upon second reading shall be engrossed with the
seal if the third reading is not on the same
day;
(vii) be finally passed by Council before signature
by the Head or Acting Head of Council and the
Clerk.
(b) Every proposed by-law may be referred to Committee
for report after second reading, and such reference
may be made with or without debate on either or both
the proposed by-law or the motion to so commit, as
the Council may decide.
In all contingencies unprovided for in this by-law the
question shall be decided by the Presiding Officer and in
making such a ruling he shall base his decision on the
Rules, Forms and Forms of Procedure of the Legislative
Assembly of Ontario~
10~ Any procedure required by this by-law may be suspended
with consent of not less than three-quarters of the members
present°
11o All by-laws and parts of by-laws inconsistent with the
provisions of this by-law are hereby repealed.
12. This by-law shall come into force on the date of the final
passing thereof~
By-Law read a First and Second time this /o'f day of ~ , 1967.
By-Law read a Third time and PASSED this ~r day of ~e~, 1967.
Reeve
Clerk