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HomeMy WebLinkAboutProcedure By-law - ConsolidatedOffice Consolidation Procedure By-law No. 8019/23 Passed by Council on June 26, 2023 Last Update: October 23, 2023 Amendments: By-law 8049/23 October 23, 2023 Add Schedule “A” The Corporation of the City of Pickering By-law 8019/23 Being a by-law to govern the proceedings of Council, any of its Committees, the conduct of its Members, and the calling of meetings. Whereas, Subsection 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings. Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: Index Page 01 Definitions 5 02 Application of this By-law 7 03 Duties 7 Members Mayor or Chair 04 Disclosures of Pecuniary Interest 8 05 Types of Meetings 9 Inaugural Meeting Regular Council Meetings Regular Standing Committee Meetings Special Meetings of Council or a Standing Committee Education & Training Sessions Closed Meetings Statutory Public Meetings Other Committee Meetings Ad Hoc Committee Upper Tier Council Meetings – Appointment of Alternate Member 06 Notification of Meetings 14 Public Notification Emergency Notification Cancellation/Postponement of Meetings By-law 8019/23 Page 2 07 Meetings 14 Place of Meetings Information pertaining to a Committee or Council Meeting Chairing of Meetings Absence of Chair Calling the Meeting to Order Quorum Clerk’s Attendance at Meetings Recording of Minutes Signs, Banners, Emblems, Flags, Cameras, and Video Recordings Access to Council Floor Petitions Change in Order of Business Consideration of Items Staff/Consultant Delegations for Staff Reports Adjournment Hour 08 Delegations 18 Delegations Delegations at a Statutory Public Meeting Delegations Requesting Action Audio Visual Equipment for Delegations Priority of Delegations Conduct of the Delegation Questions to the Delegation 09 Electronic Participation 21 10 Conduct at Meetings 23 Members of the Public Members of Committee and Council Actions When a Member’s Behaviour is Inappropriate 11 Order of Business for Council Meetings 24 12 Moment of Reflection and Indigenous Land Acknowledgement Statement 24 13 Presentations 25 14 Question Period 25 By-law 8019/23 Page 3 15 Correspondence 26 16 Committee Reports 26 17 New and Unfinished Business 27 Reports of an Urgent Nature Introduction of a Motion 18 Notices of Motions 27 19 By-laws 28 20 Regional Councillor Updates 29 21 Other Business 29 Other Business Notice of Motion Substantive Information Reports 22 Confirmatory By-law 29 23 Order of Business for Standing Committee Meetings 30 Order of Business for Regular Standing Committees Member Updates on Committees 24 Rules of Debate 30 Speaking to a Motion Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair 25 Points of Order 32 26 Points of Privilege 32 27 Motions 32 By-law 8019/23 Page 4 Motions in Order of Precedence Motion to Adjourn Motion to Recess Motion to Table Motion to Call the Question Motion to Defer Motion to Refer Motion to Amend Motion to Suspend the Rules Motion to Divide Motion to Reconsider a Previous Decision of Council Motion to Rescind 28 Voting 37 Requirement to Vote Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting Decorum While Calling Vote Disagreement with Result of Vote Recorded Votes Vote of the Chair 29 Contingencies 38 30 Commencement and Administration 38 By-law 8019/23 Page 5 01 Definitions a) “Act” means The Municipal Act, 2001, S.O. 2001, c.25, as amended; b) “Chair” means the presiding officer at a Meeting; c) “CAO” means the Chief Administrative Officer of the City of Pickering; d) “Clerk” means the City Clerk of the City of Pickering; e) “Closed Meeting” means a Meeting which is not open to the public for reasons allowed under Section 239 of the Act; f) “Committee” means Standing Committees, Ad-Hoc Committees, Advisory Committees, Local Boards, and Taskforces which may be established by Council or as required under statute; g) “Council” means the Council of the City of Pickering; h) “Councillor” means the city or regional elected representative of a Ward on the Council of the City of Pickering; i) “Delegation” means an address to Council or a Committee by one or more persons who are not Members of Council, City staff, consultants, or other individuals hired by the City; j) “Deputy Mayor” means the Member appointed to act in place of the Mayor under Section 242 of the Act and in accordance with Policy ADM 045; k) “Inaugural Meeting” means the first Meeting of a new Council after a municipal election where the declarations of office are taken; l) “Majority” means for the purpose of voting, unless otherwise specified, more than half of the total number of the Members present at the vote and not prohibited from voting by statute; m) “Mayor” means the Head of Council for the City of Pickering; n) “Meeting” means any regular, special or other Meeting of Council, of a Local Board or of a Committee, where a Quorum of Members is present and the Members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the Council, Local Board or Committee in accordance with Section 238 of the Act; o) “Member” means a member of the Council or Committee; By-law 8019/23 Page 6 p) “Notice of Motion” means advance verbal notice, given by a Member, advising that the motion will be brought forward at a future Meeting for consideration; q) “Pecuniary Interest” means a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, RSO 1990, c M.50, as amended; r) “Presentation” means a presentation of a tangible item or recognition to or from the City of Pickering; s) “Quorum” means a Majority of the Members elected to Council or the number of Members required for the legal conduct of the business of Council or a Committee; t) “Recorded Vote” means the making of a written record of the name and the vote of each Member who votes on a matter; u) “Regular Meeting” means a scheduled Meeting held in accordance with the approved annual Committee & Council Meeting Schedule; v) “Rules of Procedure” means the rules which are set forth in this By-law; w) “Special Meeting” means a Meeting of Council or a Committee that is arranged outside of the normal Committee & Council Meeting Schedule to deal with only specific item(s) of business; x) “Standing Committee” means the Executive Committee or the Planning & Development Committee; y) “Statutory Public Information Meeting” means a Meeting that is legislated under a statute and hosted by staff, a Standing Committee or Council in order to inform members of the public about a matter. z) “Substantive Report” means a written report, whereby staff are required to gather data/information and perform an analysis of such data/information in order to draw a conclusion and possible recommendation or action based on the analysis, which is presented to the appropriate Standing Committee or Council; aa) “Supplemental Information Package (SIP)” means a compilation of information pertaining to an upcoming Meeting including but not limited to additional Delegations who registered after the publication of the agenda, written submissions from the public, PDF or PowerPoint presentations related to Delegations and any other information that Members require to aid in their decision-making at a Meeting. Supplemental Information Packages shall be compiled by the Clerk By-law 8019/23 Page 7 and provided by email to all Members on the business day prior to the date in which the Meeting is held. bb) “Two-Thirds” means two-thirds of the Members present at a Meeting and not disqualified from voting on a matter. The calculation shall be as follows: five of seven Members four of six Members four of five Members three of four Members 02 Application of this By-law The Rules of Procedure contained in this By-law shall be observed in all proceedings of Council and Committee Meetings. Where a provision is not made in this By-law, the procedure to be followed shall be determined by the Chair in consultation with the Clerk as needed. 03 Duties 03.01 Members Members of Committee and Council shall come prepared to every Meeting by having read all the material supplied, including agendas, staff reports, and any Supplemental Information. Members shall consult and make inquiries of staff regarding the materials supplied in advance of the Meeting in order to provide for meaningful dialogue and effective decision-making of the Committee or Council. 03.02 The Mayor or Chair shall: a) Open the Meetings by taking the chair and calling the Members to order, addressing the business before the Committee or Council, and ruling on matters of procedure. b) Receive and submit, in the proper manner, all motions presented by the Members. c) Put to a vote all motions, which are moved and seconded, or necessarily arise in the course of the proceedings, and announce the result. d) Restrain the Members, when engaged in debate, within the Rules of Procedure. e) Enforce on all occasions the observance of order and decorum by the Members and any other persons present at the Meeting. By-law 8019/23 Page 8 f)Call by name, any Member persisting in the breach of the Rules of Procedure and order them to vacate the place in which the Meeting isbeing held. g)Where it is not possible to maintain order, the Chair may, without any motion being put, recess or adjourn the Meeting to a time to be named by the Chair. h)Permit questions to be asked through the Chair of any staff in order toprovide Members with information to assist any debate when the Chair deems it proper and appropriate. i)Ascertain that all Members who wish to speak on a motion havespoken and that the Members are ready to vote, and shall then call thequestion. j)The Chair may speak and/or vote on any question, but if they wish tomove or second a motion, they shall first vacate the Chair bydesignating an Acting Chair to act in their place, until disposition of theitem has concluded and they resume the Chair. 04 Disclosures of Pecuniary Interest 04.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict of Interest Act, the Member shall, prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof. The Member shall not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a Pecuniary Interest. Advice pertaining to whether a Member should declare a Pecuniary Interest shall be obtained by the Member from the City’s Integrity Commissioner or the Member’s independent lawyer. 04.02 Where the Meeting is not open to the public, in addition to declaring the conflict, the Member shall leave the Meeting, or the part of the Meeting during which the matter is under consideration. 04.03 Notwithstanding Section 04.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under Subsection 223.4(5) or (6) of the Act, the Member may take part in the discussion of the matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the Member is not permitted to vote on any question in respect of the matter. In the case of a Meeting that is not open to the public, the Member may attend the Meeting or part of the Meeting during which the matter is under consideration but may not vote on the matter. By-law 8019/23 Page 9 04.04 Where a Member is absent from a Meeting which includes a matter on which they have a Pecuniary Interest, the Member shall disclose the interest at the next Meeting attended by the Member. 04.05 The Clerk shall record any declarations of interest made by a Member in the Meeting minutes, noting the matter and the general nature of the declaration. 04.06 Any verbal declarations made under this Section shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the Office of the Clerk through a Disclosure of Interest Registry. 05 Types of Meetings 05.01 Inaugural Meeting a) The Inaugural Meeting of Council shall be held no later than the second Monday after Council takes office pursuant to the Municipal Elections Act. b) The order of business for the first Meeting of Council shall be as follows: i) Call to Order/Roll Call ii) Moment of Reflection iii) Indigenous Land Acknowledgment Statement iv) Declarations of Office by Members v) Inaugural address vi) Adjournment 05.02 Regular Council Meetings All Regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 p.m. unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic holiday. 05.03 Regular Standing Committee Meetings There shall be two Standing Committees; a Planning & Development Committee and an Executive Committee. The Standing Committees shall be organized as follows: a) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council. b) The Executive Committee shall meet on the first Monday of each month at 2:00 p.m., unless otherwise provided by resolution of the Council. If an Executive Committee Meeting falls on a public or civic By-law 8019/23 Page 10 holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Executive Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Economic Development Department, the Engineering Services Department, the Finance Department, the Human Resources Department, the Fire Services Department, and the Operations Department. c) Aside from regularly scheduled Executive Committee Meetings, an annual Executive Committee Budget Meeting shall be included on the annual Committee & Council Meeting Schedule. Executive Committee Budget Meetings shall be chaired by the Mayor and a seconder shall not be required to move motions pertaining to the Budget deliberations. Executive Budget Meetings may be held in a meeting space other than the Council Chambers as deemed appropriate by the Clerk. d) The Planning & Development Committee shall meet on the first Monday of each month at 7:00 p.m. unless otherwise provided by resolution of the Council. If a Planning & Development Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which is not a public or civic holiday. It shall be the duty of the Planning & Development Committee to report to Council on matters under the jurisdiction of the City Development Department. 05.04 Special Meetings of Council or a Standing Committee a) In addition to Regular Meetings, the Mayor may at any time summon a Special Meeting of Council or a Standing Committee by giving written direction to the Clerk stating the date, time and purpose of the Special Meeting. b) Upon written receipt of a petition of the Majority of the Members of Council, the Clerk shall call a Special Meeting for the purpose and at the time and date noted in the petition. c) The Clerk shall give all Members notice of a Special Meeting at least twenty-four hours before the time appointed for such Meeting. Notice will deem to have been given on the day that the Notice was delivered by electronic mail to the address provided by the Member of Council to the Clerk for delivery of notices, and in default of provision of such address, to the Member’s City Hall office. d) The notice to be given shall indicate the nature of the business to be considered, as well as the date, time and place of the Special Meeting. By-law 8019/23 Page 11 e) No business other than that indicated in the notice shall be considered at the Special Meeting. f) Special Meetings of Committee or Council are not required to follow the Order of Business described in this By-law, and the business of a Special Meeting may be organized in a manner deemed appropriate by the Clerk. 05.05 Education & Training Sessions a) Education & Training Sessions are held as Special Meetings of Council and may either by open or closed to the public. b) An Education & Training Session may be held as a Closed Meeting in accordance with Section 239(3.1) of the Act, provided that no Member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council. c) Delegations shall not be received at an Education & Training Session as no decisions shall be made or considered. d) The agenda for the Education & Training Session shall state the general purpose or purposes for which the Meeting is being held. e) Notice of the Education & Training Session shall be given in accordance with the notice provisions of this By-law. f) The Clerk, or their designate, shall take minutes describing in general terms each subject matter dealt with at an Education & Training Session. 05.06 Closed Meetings a) All Closed Meetings of Council will be held immediately prior to the Regular Council Meeting as an In-camera Session, or by means of a Special Meeting of Council called by the Mayor or by a written petition of the Majority of the Members of Council. Closed Meetings shall only deal with the subject matter(s) that the Closed Meeting was called for. b) All Meetings shall be open to the public except where a matter meets one or more of the open meeting exceptions under Section 239(2), 239(3), and 239(3.1) of the Act. c) Before holding a Meeting, or part of a Meeting that is to be closed to the public, Council or a Committee must state by resolution, the fact of the holding of the Closed Meeting and the general nature of the matter(s) to be considered. By-law 8019/23 Page 12 d)All information, documentation, deliberations, or decisions received, reviewed, or made at a Closed Meeting, including the detailedagenda, are confidential and must not be released to the public or anyindividual not entitled to be present at Closed Meetings. e)The Clerk will distribute all confidential reports and material for Closed Meetings in sealed envelopes that are marked with each Member’sname. Confidential materials that must be emailed to Members or staffshall be password protected and such password provided by way of aseparate means of communication. f)No voting may take place during a Closed Meeting except if the vote isfor a procedural matter or for giving direction or instructions to officers,employees or agents of the City, or persons retained under contractwith the City. Any votes taken in a Closed Meeting shall be by a show of hands unless a Recorded Vote is requested by a Member in accordance with this By-law. g)When a Closed Meeting has occurred, the Committee or Council shallrise to open session and the Chair shall state aloud a public report of the general nature of the subject matter considered. Whenever possible, any direction provided to staff shall be presented in a motionduly moved and seconded in the open session. Where it is notpossible to report publicly on matters considered during a ClosedMeeting, the Chair shall provide a general statement of what occurred during the Closed Meeting and where necessary, may take a vote to approve the confidential direction provided during the Closed Meeting. h)When a decision is made by Council to relay information to the publicregarding a Closed Meeting item, the Mayor or the Mayor’s designate, will release the information. i)The response of Members to inquiries about any matter dealt with by aCommittee or Council at a Closed Meeting, prior to it being reportedpublicly, must be “no comment”, or words to that effect. No Member shall release or make public any information considered at a Closed Meeting, or discuss the contents of such Meeting with anyone otherthan Members or staff who were present at the Closed Meeting. j)In accordance with Policy ADM 070, Code of Conduct, any violations pertaining to the disclosure of confidential information, may be investigated by the City’s Integrity Commissioner and any findings orrecommended sanctions shall be reported to Council by the IntegrityCommissioner in accordance with the provisions of the Code ofConduct. k)A person may request an investigation of whether a municipality orlocal board has complied with Section 239 of the Act, or theProcedure By-law, in respect to a Closed Meeting or part of a Closed By-law 8019/23 Page 13 Meeting, by contacting the Ombudsman appointed under the Ombudsman Act, if the municipality has not appointed a closed meeting investigator. 05.07 Statutory Public Meetings a) Statutory Public Meetings shall be held at the appropriate Standing Committee Meeting, as required by statute, or by Council, or when considered desirable by staff. b) Appropriate advertising shall be undertaken as required by statute, by- law or in accordance with City policy, to advise interested persons of the subject matter, date and time of the Meeting where the matter will be considered. c) When appropriate, Statutory Public Meetings may also be held at Special or Regular Meetings of Council. 05.08 Other Committee Meetings All Committees of Council are required to adhere to this Procedure By-law and the Committee’s Terms of Reference, however, in accordance with Policy ADM 040, a Committee may choose to adopt simplified Procedures, subject to the approval of the Clerk. 05.09 Ad Hoc Committee Council may at any time appoint a special or ad hoc Committee to enquire into and report on any matter. Ad Hoc Committees shall be established in accordance with Policy ADM 040, Committees and Taskforces of Council, and shall be subject to all Meeting provisions contained in this By-law. When an Ad Hoc Committee has completed its work and made its report to Council, the Committee shall be deemed to be dissolved. Ad Hoc Committees shall not be established for a term longer than one year. 05.10 Upper Tier Council Meetings – Appointment of Alternate Member Council may appoint one of its Members as an Alternate Member of the Upper Tier Council to act in place of any Regional Councillor when they are unable to attend a meeting of the Upper Tier Council for any reason, subject to the following limitations: a) No more than one Alternate Member may be appointed during the term of Council; b) Notwithstanding Section 05.10 a), if the seat of the appointed Alternate Member becomes vacant, Council may appoint another of its Members as an Alternate Member for the remainder of the term of Council; c) Council may not appoint an alternate for the Alternate Member; and By-law 8019/23 Page 14 d) When acting in their capacity as an Alternate Member on the Upper Tier Council, the Alternate Member shall adhere to all policies, procedures, practices, and codes of conduct established by the Upper Tier Council. 06 Notification of Meetings 06.01 Public Notification Public notification shall be deemed to have been given by the posting of the Committee or Council agenda on the City website as follows: a) Committee Meetings – by end of day on the Thursday, eleven (11) days prior to the Meeting. b) Council Meetings – by end of day on the Thursday prior to the Council Meeting. c) Special Meetings – at least twenty-four (24) hours preceding the Meeting. d) Closed Meetings – at least twenty-four (24) hours preceding the Meeting. 06.02 Emergency Notification Emergency Meetings may be held, without written notice, to deal with issues that may urgently affect the health or safety of residents. The Clerk shall attempt to notify the public of emergency Meetings as soon as practicably possible and in the most expedient manner available. 06.03 Cancellation/Postponement of Meetings Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty-four (24) hours before the scheduled date of the Meeting. A Meeting may be cancelled if the Clerk determines in advance that Quorum will not be achieved, there are no agenda items, or by way of a resolution of the Committee or Council as the case may be. Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the Clerk shall attempt to notify the public as soon as practicably possible and in the most expedient manner available. 07 Meetings 07.01 Place of Meetings All Regular Meetings of the Council and Standing Committees shall be held in the Council Chambers at the City of Pickering Civic Complex, One The By-law 8019/23 Page 15 Esplanade, Pickering, Ontario, unless otherwise decided by the Mayor and the Clerk. 07.02 Information pertaining to a Committee or Council Meeting including the Meeting agenda, reports and any Supplemental Information Packages shall be sent to all Members. 07.03 Chairing of Meetings a) Every Council Meeting shall be chaired by the Mayor, if present; b) The Chair of the Standing Committees shall be rotated each Meeting amongst the Councillors, in alphabetical order by last name. 07.04 Absence of Chair a) Council Meetings - If the Mayor does not attend within fifteen (15) minutes after the hour is fixed for the holding of the Meeting of the Council and if a Quorum is present, the Deputy Mayor shall preside over the Meeting and have the same authority to Chair the Meeting as the Mayor. Should the Mayor arrive at the Meeting, the Deputy Mayor shall relinquish the Chair back to the Mayor. b) When the Mayor and Deputy Mayor are absent from a Meeting or refuse to act, the Council may by resolution appoint another Member to act in the place and stead of the Mayor and Deputy Mayor, and such Member shall have the same authority to Chair the Meeting as the Mayor. Should the Mayor or Deputy Mayor arrive at the Meeting, the Member acting in their stead shall relinquish the Chair back to the Mayor or Deputy Mayor as the case may be. c) Standing Committee Meetings – If the Chair does not attend within fifteen (15) minutes after the hour is fixed for the holding of the Meeting of the Committee and if a Quorum is present, the Councillor who is next in alphabetical order to Chair will assume the position of Chair. 07.05 Calling the Meeting to Order The Chair, as soon after the hour is fixed for the holding of the Meeting, and if a Quorum is present, shall take the Chair and call the Meeting to order and shall ask the Clerk or their designate to conduct a roll call of the Members present or absent from the Meeting. 07.06 Quorum a) If a Quorum is not present within fifteen (15) minutes after the time appointed for a Meeting of the Council or Committee, the Clerk shall record the names of the Members present and the Meeting shall stand adjourned until the next Meeting. By-law 8019/23 Page 16 07.07 Clerk’s Attendance at Meetings The Clerk or the Clerk’s designate, shall be present at all Meetings of Council; however, they may delegate a member of staff to act in their stead at a Committee Meeting. 07.08 Recording of Minutes a) The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting, whether it be an open or Closed Meeting; b) The record required by the Act in respect of a Meeting, shall be made by: i) The Clerk, or the Clerk’s designate, in the case of a Meeting of Council; or ii) The appropriate City staff, in the case of a Meeting of a Committee. c) Except for Recorded Votes, a record or notation of a Member’s opposition or favour on any issue will not be recorded in any Meeting minutes. 07.09 Signs, Banners, Emblems, Flags, Cameras, and Video Recordings at Meetings a) Meetings may be audio or video recorded, broadcast and/or livestreamed publicly by the City, with the exception of Closed Meetings. b) To ensure that all members of the public are comfortable participating in Meetings, signs, banners, emblems, and flags, are prohibited in the Chambers or any space where a Meeting is being held. c) Meeting attendees may record all or portions of open Meetings provided that in doing so, it is not disruptive to the Meeting or other attendees. d) Should a Meeting attendee violate these Procedures, the Chair may ask that the individual be removed from the Meeting. 07.10 Access to Council Floor No person except members of Council, the Clerk, and officials authorized by the Clerk : a) Shall be allowed on the floor of the place a Meeting is being held while Council or a Committee is sitting; By-law 8019/23 Page 17 b) Material to be distributed to Council during a Meeting can only be distributed by the Clerk or the Clerk’s designate. 07.11 Petitions Petitions presented during a Council or Committee Meeting shall be provided to the Clerk and the Clerk shall process the petition in accordance with the City’s procedures pertaining to petitions. 07.12 Change in Order of Business All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by a Majority vote of the Members present and voting. 07.13 Consideration of Items Council may consider any matter without referring it to a Committee or may refer it to a Committee or to any number of Committees, and may withdraw a matter from a Committee at any time. 07.14 Staff/Consultant Delegations for Staff Reports Where possible, a staff report that includes a Consultant Delegation shall be listed first under Matters for Consideration (Standing Committee Agendas) or New and Unfinished Business (Council Agendas), so that the consultant may leave the Meeting after their item has concluded to avoid additional costs to the City should there be a large volume of reports on the agenda. 07.15 Adjournment Hour a) All Meetings shall stand adjourned no later than the hour of 11:00 p.m. b) In the event the business before Council has not been completed at the hour of 11:00 p.m., the Committee or Council may, by a Majority vote of the Members present, approve an extension of the Meeting to the hour of 12:00 a.m. c) Motions to continue past 11:00 p.m. are not debatable. d) At 12:00 a.m., any unfinished business shall be deferred to a Special Meeting of the Committee or Council, to be held at 7:00 p.m. on the Monday immediately following, unless a resolution is made to hold the Meeting on another day and time. Only those items of outstanding business shall be included and considered at the Special Meeting. A resolution to hold the Meeting on another day and time requires a Majority vote and if adopted, the Meeting cannot be scheduled sooner By-law 8019/23 Page 18 than 48 hours after the original Meeting in order to provide Council, staff and interested parties an opportunity to make arrangements to attend the rescheduled Meeting. e) In either instance noted above, and if at a Council Meeting, a confirmatory by-law shall be adopted before the original Meeting adjourns in order to ratify the business that has already been conducted. Items deferred to a Special Council Meeting agenda will be confirmed through the Confirmatory By-law of that Meeting. Delegations shall not be permitted for items that are deferred to a future Meeting under this Section as they would have already had opportunity to delegate at the original Meeting. 08 Delegations 08.01 Delegations a) Delegations shall be directed to the appropriate Standing Committee having charge of the matter which is the subject of the Delegation. b) Delegations that were not able to attend a Standing Committee Meeting, or that have already appeared at a Standing Committee regarding a particular matter, are permitted to delegate at Council on those matters, however, those who have already delegated at the Standing Committee may only delegate at Council if they have additional or new information about the matter. c) Despite clause a) above, a Delegation may delegate directly to Council if the matter in which they are delegating did not first appear at a Standing Committee or if the Clerk determines that the matter is of an urgent nature and cannot wait for the next applicable Standing Committee Meeting. d) All in-person Delegations, for items listed on an agenda, shall register in writing with the Clerk by 12:00 noon on the day of the Meeting. e) All electronic Delegations, for item listed on an agenda, shall register in writing with the Clerk by 12:00 noon on the business day prior to the Meeting. f) All Delegations for items not listed on an agenda shall register ten (10) days prior to the Meeting. g) Delegations that have not registered in writing by the timelines noted above shall only be heard if permitted by a Two-Thirds Majority vote of Members present at the Meeting. By-law 8019/23 Page 19 h)Members of the public may submit written comments in addition to, or in lieu of, a verbal Delegation, by noon on the business day prior to theMeeting and such written comments shall be provided to all Membersof Council prior to the Meeting through the Supplemental InformationPackage. i)A Delegation appearing before Council or Committee for items notlisted on an agenda shall not be placed on an Agenda to discuss thesame matter within six (6) months of the last appearance by the samedelegate. j)Delegations shall not be permitted to speak before a Committee orCouncil for the sole purpose of generating publicity for an event, aproduct or a service. k)Delegations shall not be permitted to speak to matters which have been referred to staff for a report until the matter is before a StandingCommittee or Council. l)Delegations shall not be permitted to speak to matters which are not within Council’s jurisdiction. m)Delegations shall not be permitted to speak to matters which havebeen decided upon by Council unless the matter is before Council forreconsideration. n)Delegations will not be permitted for deferred items except for thosewho did not delegate on the matter when it originally appeared beforethe Committee or Council prior to it being deferred. o)Delegations shall not be permitted to speak to a report provided by the City’s Integrity Commissioner. p)A maximum of five (5) minutes shall be allotted for each Delegation ata Meeting. q)A Delegation will not be permitted to take any unused time allocated toanother Delegation. r)Should there be more than one individual that registers to speak as a group, the group shall be allotted up to ten (10) minutes to delegate. s)The five (5) minute Delegation speaking limit may be extended by two(2)additional minutes if approved by a motion duly moved andseconded and carried by a Majority vote of the Members present. t)Delegations are encouraged not to repeat information presented by anearlier Delegation at the same Meeting. By-law 8019/23 Page 20 08.02 Delegations at a Statutory Public Information Meeting Delegations for Statutory Public Information Meetings, who are participating electronically, must register with the Clerk by 12:00 noon the business day prior to the Meeting. Delegations appearing in person for Statutory Public Meetings are encouraged to register with the Clerk by 12:00 noon on the day of the Meeting. Delegations will be permitted from the gallery without prior registration only during the Statutory Public Information Meeting portion of a Meeting held under the provisions of the required statute, but shall be heard after all Delegations, either electronically or in-person, who have pre-registered with the Clerk by the applicable deadlines. 08.03 Delegations Requesting Action Delegations which appear at a Meeting and request that action be taken shall, if required by a Majority of the Members present at the Meeting, be referred to City staff for a report that shall be dealt with at a future Meeting. The direction to refer such a matter to City staff shall include the Committee or Council Meeting that the matter shall be presented at. 08.04 Audio Visual Equipment for Delegations The City’s audio visual equipment may be used to assist in presentations by Delegations, provided that permission has been obtained for use of such equipment from the Clerk. All presentation materials must be delivered to the Clerk by 12:00 noon on the Friday before the Meeting at which the Delegation is to appear. 08.05 Priority of Delegations Delegations shall be listed on the agenda in the order in which the Clerk received the requests. For Statutory Public Information Meetings, where more than one person wishes to make a Delegation on a particular matter, the proponent or their authorized representative, will be listed last in order to afford the proponent the opportunity of making a Delegation after all other interested persons have done so. 08.06 Conduct of the Delegation a) The Chair may impose restrictions on any Delegation and any questions to a Delegation for disorder or any other breach of this By-law and, if the Chair rules that the Delegation is concluded, the person or persons appearing shall end the Delegation. b) Delegations shall not: i) speak disrespectfully of any person; By-law 8019/23 Page 21 ii) use offensive words; iii) speak on any subject other than the subject for which they have received approval to address Committee or Council; iv) disobey a decision of the Chair, the Committee or Council; v) debate with other Delegations, City staff, Council Members or the Chair. 08.07 Questions to the Delegation a) Upon the completion of a Delegation, any discussion between Members and the Delegation shall be limited to asking questions for clarification and/or obtaining additional, relevant information only. b) All questions to a Delegation from Members shall be stated succinctly. Members shall not question a Delegation for the purpose of expanding the scope of the Delegation’s remarks or for adding the Member’s own statements through the Delegation. Delegations are an opportunity for Delegates, not Members, to make their views known. Questions from Members such as “are you aware”, “do you agree” or “wouldn’t you say” shall not be permitted as they do not seek clarification or additional relevant information. Members shall not enter into debate with Delegations. Questions to the Delegation shall be presented in a courteous and non-argumentative manner. c) Once a motion has been moved and seconded, no further representation from or questions of the Delegation shall be permitted. 09 Electronic Participation 09.01 A Member of Council may participate electronically in a Meeting that is either open or closed to the public should they be unable to participate in person for reasons pertaining to a medical condition or illness (pertains to either the Member, the Member’s family member, or someone under the primary care of the Member), City business, in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, or for any other unforeseen circumstance with prior approval from the Clerk. A Member of Council participating electronically shall be counted in determining whether or not a Quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.02 A Member of a local board, task force, an advisory or ad-hoc committee, may participate electronically in a Meeting that is either open or closed to the public and in doing so may be counted in determining whether or not a Quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person. 09.03 The Clerk may provide for electronic participation of staff at any Meeting, including the Clerk. The Clerk may also provide for electronic participation for By-law 8019/23 Page 22 consultants or anyone who has been hired by the City to provide services or expertise on a particular matter or project. Such electronic participation is not limited to an audio connection and consultants shall be provided with a link to appear by video during an electronic Meeting. 09.04 Notwithstanding the provisions of Section 09.01, the Clerk may provide for electronic participation for all Members of Council should the appropriate meeting space containing the required technology (including the necessary components to operate the livestreaming of the proceedings) not be available for any reason, in order to comply with the open Meeting rules under the Act. 09.05 Electronic Meetings are those held by means of telecommunication instruments including but not limited to telephones, video conferencing, computers with internet access, conferencing platforms and software programs. The means used to facilitate an electronic Meeting shall be determined by the Clerk. 09.06 A Member must provide sufficient notice to the Clerk, their designate, or the Staff Liaison of a Committee, of their intent to participate electronically in a Meeting to ensure the proper technology is enabled to make electronic participation possible. The Member must give at least 48 hours’ notice of their intent to join the Meeting electronically unless extraordinary circumstances apply. 09.07 A member of the public may delegate via electronic participation through the use of a video connection into the electronic meeting platform, and the Clerk shall arrange for such Delegations. Delegations connected through video shall not be permitted to activate their camera or microphone unless invited by the Chair to do so. A member of the public delegating electronically shall abide by all of the Meeting decorum provisions of this By-law. The Clerk may require any Delegation to participate electronically in the event of any situation (including a pandemic) in which physical distancing, limited gatherings or quarantine measures are required by local, Provincial or Federal public health agencies, or for the reasons outlined in Section 09.04. 09.08 Where a member of the public requests to participate electronically, it is the delegate’s responsibility to ensure they have the appropriate technology to connect to the Meeting. Where technical issues arise in connecting a Delegate into a Meeting, it shall in no way affect the validity of the Meeting or any action taken at the Meeting. In lieu of a successful electronic connection, members of the public may submit written comments to the Clerk which shall be distributed to all Members of Council after the Meeting. 09.09 If the live stream stops working during a Meeting that involves electronic participation (full or hybrid), the Meeting shall recess for fifteen (15) minutes while the live streaming issues are resolved. If the issues cannot be resolved during the fifteen (15) minute recess, then the Meeting will be adjourned until the live stream is restored. By-law 8019/23 Page 23 09.10 Subject to these provisions for electronic participation, all other provisions of the Procedure By-law continue to apply and the Chair shall determine and maintain order of the Meeting as needed. 10 Conduct at Meetings 10.01 Members of the Public The Chair will ensure that members of the public are respectful of Council, staff, Delegations and all attendees at the Meeting by not heckling, speaking disruptively, making comments or applauding. All communication devices shall be set to silent during a Meeting, with the exception of assistive listening devices or other provisions required by persons with disabilities. 10.02 Members of Committee and Council shall: a) act in accordance with their Declaration of Office and the provisions of this By-law; b) treat the Chair, other Members, staff and delegates from the public with courtesy, respect and good faith; c) hold in strict confidence all information concerning matters dealt with in Closed Meetings; d) not speak disrespectfully of the Reigning Sovereign, or of any of member of the Royal Family, or of the governor-general, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; e) not use offensive words or unparliamentarily language in or against Council or against any Member; f) not speak on any subject other than the motion being debated; g) not criticize any decision of Council except for the purpose of moving a motion to reconsider a previous decision of Council; h) refrain from engaging in private conversations while in a Meeting and from using communication devices in a disruptive manner; i) inform the Clerk of their absence prior to any Meeting in which they will be absent. By-law 8019/23 Page 24 10.03 Actions When a Member’s Behaviour is Inappropriate The Chair may Call the Member to Order and take one or more of the following actions: a) decide that there was no breach of the rule; b) ask the Member in breach of the rules to stop the behaviour; c) ask the Member to withdraw what was said; or d) ask the Member to apologize. 10.04 If previous attempts to call the Member to order have failed, the Chair may refrain from recognizing the Member for the balance of the Meeting, in which case the Member shall not be permitted to speak or vote for the remainder of the Meeting. 11 Order of Business for Council Meetings 11.01 The Order of Business for the Regular Meetings of Council shall be as follows: a) Call to Order/Roll Call b) Moment of Reflection c) Indigenous Land Acknowledgment Statement d) Disclosure of Interest e) Adoption of Minutes f) Presentations g) Question Period h) Delegations i) Correspondence j) Committee Reports k) New and Unfinished Business l) Motions and Notices of Motion m) By-laws n) Confidential Council – Public Report o) Regional Councillor Updates p) Other Business q) Confirmatory By-law r) Adjournment 12 Moment of Reflection and Indigenous Land Acknowledgement Statement At the Inaugural and all Regular Meetings of Council, the Mayor or Chair shall pause for a silent moment of reflection and after such moment has passed, shall read out the Indigenous Land Acknowledgment Statement. By-law 8019/23 Page 25 13 Presentations a) Charities, organizations or individuals wishing to address Council to inform Members of special events or achievements, to seek Council’s recognition of an event or achievement or to make a presentation to Council shall request the opportunity to be granted Presentation status. b) It shall be the duty of the Mayor to make Presentations and to accept Presentations, on behalf of Council, at Meetings of Council. Where a Presentation is made or accepted from an organization on which a Member of Council has been appointed to sit, the Presentation shall be jointly made or accepted with the appointed Member of Council. Where appropriate, Presentations may be made or accepted jointly with another Member or Members of Council at the discretion of the Mayor. c) The request for Presentation status shall be submitted to the Clerk, in writing, no later than 14 days preceding the Meeting at which the Presentation is to be made. 14 Question Period a) An opportunity will be provided for any member of the public who is physically in attendance at a Council Meeting, to ask the Mayor a question pertaining to any matter appearing on the Council agenda. b) All questions will be answered by the Mayor, unless in the Mayor’s opinion the answer could be better provided by another Member of Council or City staff. c) The Question Period shall be limited to a total of fifteen (15) minutes unless extended by the Mayor/Chair. d) A member of the public shall be permitted to ask one (1) question and one (1) supplemental question if required. e) Questions posed by a member of the public under this Section of the By-law shall not be countered by any questions from Members or staff unless it is for the purpose of seeking clarification on the question being asked. f) Members shall not enter into debate on any questions asked during the Question Period. g) The dialogue that takes place during the Question Period shall not be included in the formal Meeting minutes, and there shall be a general statement in the minutes under the Question Period header that states “A general question and answer period ensued”. Should a member of By-law 8019/23 Page 26 the public wish to understand what questions and answers were provided, they may view the meeting video posted on the City’s website. 15 Correspondence 15.01 Correspondence received in the Clerk’s Office for distribution to Council shall be provided through a weekly Council Information Index (CII). The Clerk shall prepare the CII and it shall be delivered to Members of Council every Friday afternoon by email and shall be copied to the CAO, Directors, and any other staff as determined by the Clerk. 15.02 Members of Council may pull any item from the CII and make a request in writing to the Clerk to place the item on the next regular Council Meeting agenda under Correspondence. The Member must identify the correspondence number and specific subject matter in their request to the Clerk, and shall copy all Members of Council, the Mayor, Directors, and the CAO on such requests. The Member shall also provide the accompanying recommendation relating to the disposition of the correspondence and such recommendation shall be included in the Council Meeting agenda with the item for Council’s consideration and disposition as it deems appropriate. 15.03 Correspondence shall be presented at Council Meetings only and shall be legibly written or printed, shall not contain any impertinent or improper matter or language and, shall be signed by at least one person and shall be filed with the Clerk by no later than 12:00 noon on the Tuesday before the Council Meeting in which it will be considered. 15.04 In addition to correspondence requested by a Member of Council, from time to time, the Clerk shall include correspondence memos from staff pertaining but not limited to, annual work plans and updates from Committees through the designated staff liaison, appointments of Members of Council to various Committees in accordance with Policy ADM 045, and correspondence from the Ombudsman or the City’s Integrity Commissioner on a Council agenda. Any proposed recommendations relating to these pieces of correspondence shall be at the discretion of the Clerk and will be included on the Council agenda for Council’s consideration and disposition as it deems appropriate. Any correspondence from the Ombudsman or Integrity Commissioner will be provided in the weekly Council Information Index so that Members are aware of and have opportunity to read the correspondence prior to it being printed in a Council agenda. 16 Committee Reports 16.01 Standing Committee reports shall be forwarded to the first regular Council Meeting following the Meeting of the Standing Committee and shall be listed under the Committee Reports section of the agenda. By-law 8019/23 Page 27 16.02 Any Reports referred back to staff at a Standing Committee shall be included in the Committee Report with a notation that the matter was referred back to staff at the Committee Meeting. The matter will come before Council in a subsequent Committee Report on a future Council Agenda once the matter has returned to the appropriate Standing Committee Meeting. 16.03 Should a Standing Committee not provide a recommendation on a matter, or defeat a staff recommendation, the Clerk shall include the item on the Council agenda as part of the Committee Report and shall include a notation that states “No Committee Recommendation - Council Direction Required”. The original staff recommendation shall be listed for reference purposes only to aid Council in their deliberations on the matter. Council may discuss, debate, adopt, amend or defeat the original staff recommendations as it deems appropriate. This does not apply to recommendations that have been referred back to staff by the Committee as those matters will be presented at a future Standing Committee Meeting. 17 New and Unfinished Business 17.01 Reports of an Urgent Nature Departmental reports which are deemed by the CAO to be of an urgent nature, due to timing or public importance, and which cannot be presented through the regular Standing Committee cycle, may be listed under the New and Unfinished Business section of a Council agenda for Council’s consideration. Whenever possible, staff reports shall be presented to the appropriate Standing Committee rather than going directly to Council to provide as much notice to the public and Council as possible. 17.02 Introduction of a Motion a) If a motion by a Member of Council cannot be presented through the Notice of Motion process outlined in this By-law, a Member may, with the consent of Two-Thirds of the Members present, introduce a motion under New and Unfinished Business if the motion is of an urgent nature. Introduction of a motion without prior notice shall only be used in exceptional circumstances as it does not provide for public notice of the matter being presented and considered. b) A Member desiring to introduce a Motion must do so in writing to the Clerk in advance of the Meeting when possible. 18 Notices of Motions 18.01 A Notice of Motion is required for motions that are initiated by a Member of Council looking to introduce a new matter. By-law 8019/23 Page 28 18.02 A Member desiring to give notice of a motion must do so verbally at any Meeting, at least ten (10) days prior to the Meeting at which the motion will be presented. Introduction of a notice of motion must be done under “Other Business”. 18.03 In order to be listed in the applicable Council agenda, a copy of the motion being considered by Council, must be forwarded to the Clerk, signed by the mover and seconder, no later than 12:00 p.m. on the Tuesday prior to the Council Meeting at which the motion will be considered. In providing the motion to the Clerk, the Member shall copy the Mayor, all other Members of Council, the CAO, and Directors, for their information and awareness that the motion will be forthcoming. 18.04 The Clerk, upon receipt of a motion described in this Section, shall print the motion in full in the agenda for the Council Meeting at which the matter will be considered. 18.05 A motion printed in the agenda need not be read unless requested by a Member and shall be deemed to be in possession of the Council when stated by the Chair at the appropriate time during the Meeting. 18.06 A Notice of Motion that has been introduced but does not appear on a Council agenda within two regular Council Meetings shall not be included on any Council agenda, unless otherwise directed by Council. Should the Member wish to bring the matter forward again, notice of the motion at a future Meeting will be required in accordance with the provisions of this By-law. 18.07 In drafting a motion, Members of Council shall consult with the CAO and/or appropriate City staff, to ensure that any technical information contained in the motion is accurate and actionable and that it aligns with the City’s Strategic Plan. 18.08 Despite being consulted on the technical information contained in a motion, staff do not have to agree with the merits of the motion being presented by a Member of Council. 19 By-laws 19.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately. 19.02 Every by-law, when introduced, shall be complete except for the by-law number and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any statute. 19.03 Every by-law which has been approved by Council shall be numbered, dated, sealed with the seal of the Corporation, signed by the Mayor and the Clerk and By-law 8019/23 Page 29 retained by the Clerk as a permanent City record in accordance with the City’s Records Retention By-law. 20 Regional Councillor Updates 20.01 A Regional Councillor may give a verbal update pertaining to matters before the Council of the Regional Municipality of Durham to inform other Members, City staff or the public. 20.02 Updates under this Section of the By-law shall be limited to five (5) minutes per Regional Council Member. 20.03 Members shall not enter into debate on matters presented under this section of the By-law and shall not ask questions of the Regional Councillor unless it is to seek clarification on the information being provided. 21 Other Business 21.01 Other Business At any Meeting under Other Business, Members may congratulate, report on events and promote upcoming events of public importance or interest however, such comments shall not be included in the official Meeting minutes. 21.02 Notice of Motion A Member who wishes to give notice of a motion shall do so under “Other Business”. 21.03 Substantive Information Reports A Member may move a motion requesting a substantive report from staff and such motion shall require a seconder and the approval of a Majority of the Members present at a Meeting. Such requests shall identify the appropriate Department and/or Director, the objective(s) of the report, and the Standing Committee or Council Meeting the report is to be presented at. Any Member moving a motion for a Substantive Report shall consult with the CAO to ensure that the timelines for reporting back are consistent with existing staff workplans and priorities. 22 Confirmatory By-law At the conclusion of all Regular and Special Meetings of Council, and prior to adjournment, a By-law shall be brought forward to confirm the proceedings of the Council in respect of all motions, resolutions and other actions taken at the Meeting. A Confirmatory By-law, when introduced, shall be taken as having been read and shall be voted on without debate. By-law 8019/23 Page 30 23 Order of Business for Standing Committee Meetings 23.01 The Order of Business for Regular Standing Committees shall be as follows: a)Call to Order/Roll Callb)Disclosure of Interestc)Delegationsd)Matters for Consideration e)Member Updates on Committees f)Other Businessg)Adjournment The provisions noted in the preceding section describing the order of business on a Council Agenda shall also apply to the same sections at Standing Committee Meetings. The following provides an explanation of the additional section contained on Standing Committee agendas. 23.02 Member Updates on Committees Members may provide updates as the Council representative for a Committee of Council. Such updates shall be limited to a verbal update, and may provide information on the Committee’s Workplan, ongoing mandate, or any other matter that is before the Committee. Any recommendations of the Committee must be presented in accordance with Policy ADM 040, Committees and Taskforces of Council, and through the applicable staff liaison for the Committee and shall not be presented during a Member’s update on a Committee. 24 Rules of Debate 24.01 No Member shall be deemed to have precedence or seniority over any other Member. 24.02 When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order or privilege. 24.03 During debate, and while the Chair is speaking, or when the Council is engaged in voting, no Member is permitted to disturb the Council by whispering, or walking across the floor, or in any other way except to raise a point of order or privilege. 24.04 Any Member may require a motion under discussion to be read at any time during the debate but not so as to interrupt a Member who is speaking. Despite this provision, if a motion is printed in an agenda, there shall not be a requirement for the motion to be read aloud. By-law 8019/23 Page 31 24.05 Before speaking to a matter or motion, a Member shall raise their hand and be recognized by the Chair prior to speaking to any matter and shall speak through the Chair. 24.06 When two or more Members wish to speak, the Chair shall recognize the Member who, in the opinion of the Chair, first signified their intention to speak. 24.07 After the Chair has called the vote on a motion, no Member shall speak to the motion, nor shall any other motion be presented until, after the result of the vote has been declared. 24.08 A motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction, shall not be in order at a Meeting of Committee or Council unless it is for purposes of requesting a higher level of government to take a specific action or make changes to policy or legislation. 24.09 Speaking to a Motion A maximum of five (5) minutes shall be allotted to each Member wishing to speak to present their position on the motion. No Member shall speak more than once to the same motion except: a) with leave of the Chair, for not more than five (5) additional minutes, in explanation of a material part of their speech which may have been interpreted incorrectly; b) with leave of the Chair, for not more than five (5) additional minutes, after all other Members so desiring have spoken; or c) in reply, as may be allowed with leave of the Chair, by the Member who presented the motion, in which case the Member shall speak for no longer than a five (5) minute period. 24.10 Questioning the Motion a) A Member may ask a question during the course of debate only for the purpose of obtaining information relating to the motion under discussion and such question must be stated concisely and asked only through the Chair. b) Notwithstanding the above, when a Member has been recognized as the next speaker, such Member may immediately before speaking ask a question through the Chair on the motion under discussion, but only for the purpose of obtaining information, following which the Member shall speak. 24.11 Proceedings Decided by Chair By-law 8019/23 Page 32 In all other proceedings of Council, the matter shall be decided by the Chair, subject to an appeal of the Chair’s decision by a Member of the Committee or Council. 24.12 Chair’s Decision Final Unless Appealed Unless a Member immediately appeals to the Council the Chair’s decision, the decision of the Chair shall be final. 24.13 Appeal of Decision of Chair A Member may appeal any decision of the Chair. The appeal must occur immediately after the Chair states the decision. If the Member appeals the Chair’s decision, it shall be done by a duly moved and seconded motion, and Council shall decide the question without debate and the decision shall be final. The motion before Council would be “Do you support the Chair’s ruling, “Yes” or “No”. A tie vote sustains the decision of the Chair and the Chair is entitled to vote on the question. 25 Points of Order 25.01 A Member may at any time, raise a point of order to call attention to a violation of the Rules of Procedure and the Member must state the point of order to the Mayor/Chair succinctly. The Mayor/Chair shall then decide on the point of order immediately without debate and advise the Members of the decision. 25.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26 Points of Privilege 26.01 Where a Member considers that the health, safety, rights and/or the integrity of anyone present at the Meeting has been impugned, they may at any time, raise a point of privilege. 26.02 A point of privilege shall take precedent over other matters, but the Members shall not be permitted to enter into any argument or debate. The Mayor/Chair shall decide on the point of privilege immediately and advise the Members of the decision. 26.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 26.04 Where the integrity of the staff or the CAO has been impugned, the Mayor/Chair may permit the CAO to make a statement to the Committee or Council. 27 Motions By-law 8019/23 Page 33 27.01 Except as otherwise provided in this By-law, all motions must be duly moved and seconded before the motion can be put on the floor for consideration and before the Mayor/Chair can call the question. All motions, including amendments, shall be in writing to ensure that all Members and the public are fully aware of the motion being voted on. 27.02 Direction to staff will be by motion except where the Chair, in consultation with senior City staff at the Meeting determines that a motion is not necessary. 27.03 Once a motion is in the possession of the Committee or Council, the mover may withdraw the motion at any time prior to it being amended or decided and such withdrawal may be made without consent of the seconder. 27.04 Motions in Order of Precedence The following motions are in order of precedence and can only be made if no motion of higher precedence is on the floor. Motions are listed in order from the bottom to the top. All motions listed below require a Majority vote of the Members present to be carried unless otherwise stated: a) Motion to Adjourn b) Motion to Recess c) Motion to Table d) Motion to Call the Question (requires 2/3 Majority) e) Motion to Defer f) Motion to Refer g) Motion to Amend h) Motion to Suspend of the Rules (requires 2/3 Majority) i) Motion to Divide j) Main Motion 27.05 Motion to Adjourn a) Is not debatable or amendable; b) Is always in order except: i. when a Member is speaking or during the taking of a vote; ii. immediately following the affirmative resolution of a motion that a vote on the matter now be taken; and, iii. when a Member has already indicated to the Chair that they wish to speak on the matter. c) If carried, requires that the Meeting end immediately, regardless of the stage of proceedings; d) If not carried, a motion to adjourn shall not be made again until further proceedings have been conducted by the Committee or Council; By-law 8019/23 Page 34 e) If the motion is to adjourn to a specific time, and if carried, it suspends the Meeting to continue at such specific time stated. 27.06 Motion to Recess a) A motion to recess is not debatable, shall specify the length of the recess, and may only be amended with respect to the length of the recess; b) Despite the aforementioned, the Chair may also call a recess for no more than 15 minutes without requiring a motion. 27.07 Motion to Table a) A motion to table temporarily sets aside a pending motion (or a series of pending motions) to consider another matter deemed more urgent; b) Is not debatable or amendable and shall not include additional instructions; c) The matter tabled shall not be considered again until a motion has been made to lift the matter from the table; d) If a motion is not taken from the table by the next Regular Meeting of the Committee or Council, the motion dies; e) A Member shall not be allowed to speak to a motion and immediately move a tabling motion; f) A motion to table is not in order to intentionally kill a motion. 27.08 Motion to Call the Question a) A Member may request the Chair call the question by presenting a motion that the question “now be put to a vote”; b) Shall require a 2/3 Majority vote of the Members present; c) A motion to call the question is not debatable or amendable and cannot be proposed when there is an amending motion under consideration except for the purpose of moving that the amending motion be put to a vote. 27.09 Motion to Defer a) A motion to defer a matter to a different time must include time, place, and the purpose of the deferral, and shall be in order after a motion is read or stated by the Chair; b) Is debatable and amendable however debate and any amendment shall be confined to the time and place to which the matter shall be deferred; By-law 8019/23 Page 35 c) The deferred matter will return in the same format as originally presented, to the time and place stated in the motion to defer. 27.10 Motion to Refer a) A motion to refer a matter to a Committee, Council or City staff must include the body to which it is being referred, the purpose of the referral, and the time in which it shall be returned (if applicable); b) A motion to refer a matter is debatable and amendable however debate and any amendment shall be limited to the time and place of the referral; c) A motion to refer shall be disposed of by the Committee or Council before the original motion or any other motion pertaining to the original motion and if carried, requires that consideration of the motion cease and the Meeting proceed to the next item of business. 27.11 Motion to Amend a) shall be presented in writing whenever possible; b) shall be relevant to the main motion; c) shall not be in order if it proposes a direct negative to the main motion; d) shall be disposed of before the main motion; e) Is debatable and amendable; f) a motion to amend an amending motion shall be disposed of before the motion to amend the original main motion; g) only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original main motion. 27.12 Motion to Suspend the Rules a) Any procedure required by this By-law may be suspended by a Two-Thirds Majority vote of the Members present unless otherwise provided for in any Act; b) Shall not be used to suspend the rules pertaining to Quorum or the provisions for open Meetings; c) A motion to suspend the rules is not debatable or amendable and shall not include additional instructions; d) If a motion to suspend the rules is adopted, the Chair shall observe and enforce the Rules of Procedure as altered by the resolution. 27.13 Motion to Divide 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 By-law 8019/23 Page 36 Majority vote of the Members present and voting. A motion to divide is not debatable or amendable and shall not include any additional instructions. For clarity, a motion to divide shall be handled as follows: a) A main motion is duly moved and seconded; b) A mover and seconder move for a “motion to divide” the main motion into separate items so that they may be voted on individually; c) The Chair calls the vote on the motion to divide, which is not debatable; d) If the motion to divide carries, the Chair will call the vote on the divided items separately and then on the balance of the main motion as applicable. 27.14 Motion to Reconsider a Previous Decision of Council a) A Member who voted on the prevailing side of a main motion may move for reconsideration of a decision of Council provided that no action has been taken on any part of the matter that cannot be undone; b) A reconsideration motion requires a Two-Thirds Majority vote of the Members present and no discussion of the original motion shall be allowed until the motion for reconsideration has carried; c) Reconsideration may be done at the same Meeting in which the matter was decided, and if the motion to reconsider carries, the reconsideration of the original resolution shall become the next order of business; d) If not done at the same Meeting in which the matter was decided, a Member may give notice of a motion for reconsideration of the matter at a subsequent Meeting. Such notice shall be given in accordance with Section 18 of this By-law. The resolution being reconsidered will be placed on the next Regular Council agenda under New and Unfinished Business. The previously adopted resolution of Council remains in force unless and until Council adopts a new resolution; e) A motion to reconsider is debatable only to the extent of the rationale for reconsidering the matter, and no debate of the matter itself shall be allowed unless the motion to reconsider carries; f) No matter shall be reconsidered more than once within 12 months; g) A notice of a written decision of the Ontario Land Tribunal (OLT) with regard to an appeal that requires Council to make a new decision, shall not be deemed a reconsideration of a Council decision in accordance with the provisions of this By-law. By-law 8019/23 Page 37 27.15 Motion to Rescind a)A motion to rescind a previous resolution of Council may be moved byany Member provided that no action has been taken on the matter thatcannot be undone. Notice of a motion to rescind a previous decision of Council shall be given in accordance with Section 18 of this By-law; b)A motion to rescind is debatable only to the extent of the rationale forrescinding the decision of Council; c)A motion to rescind a previous decision requires a Two-Thirds vote of the Members present and if the motion to rescind the prior decisioncarries, the resolution previously adopted by Council is immediately ofno further force or effect; d)If it is possible to use a motion to reconsider, the motion to rescind shall not be in order. 28 Voting 28.01 Requirement to Vote All Members present and seated must vote. If a Member is present and does not vote they are deemed to have voted in the negative, except where the Member is disqualified from voting. 28.02 Vote Not Allowed A Member not in their seat when the question is called by the Chair is not entitled to vote on that question. 28.03 Voting on Amendments Amendments are voted upon before the main motion and if there are numerous amendments, the Chair may place them in the most logical, practical and expeditious order for consideration. 28.04 Determination of Votes The manner of determining the decision of Committee or Council on a motion shall be by the prominent show of hands. 28.05 No Secret Voting No vote may be taken by ballot or any other method of secret voting. 28.06 Decorum While Calling Vote By-law 8019/23 Page 38 When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance. 28.07 Disagreement with Result of Vote If a Member disagrees with the announcement of the Chair that a motion is carried or defeated, the Member may, but only immediately after the declaration by the Chair, object to the declaration and a Recorded Vote shall be taken. 28.08 Recorded Votes Where a vote of Committee or Council is taken for any purpose, a Member may request, immediately prior or immediately subsequent to the taking of the vote, that the vote be recorded. Each Member present, beginning with the requester of the Recorded Vote, and continuing alphabetically from that Member onward, except a Member who is disqualified from voting by reason of interest or otherwise, shall announce their vote openly and the Clerk shall record each vote. The Mayor shall be called upon to vote following all other Members. 28.09 Vote of the Chair The Chair, except when disqualified to vote by reason of interest or otherwise, may vote with the other Members on all questions. 29 Contingencies In all contingencies not provided for in this By-law, the question shall be decided by the Chair and in making such a ruling, the decision shall be based on Robert’s Rules of Order. 30 Commencement and Administration 30.01 This by-law shall be administered by the Clerk. 30.02 The Clerk shall be authorized to make minor corrections to any By-law, Motion, Resolution, minutes or other Council document to eliminate technical or typographical errors. 30.03 By-law 7926/22 is hereby repealed. 30.04 The short title of this by-law is the “Procedure By-law”. By-law 8019/23 Page 39 Original By-law passed on the 26th day of June, 2023. By-law 8019/23 Page 40 Schedule “A” Attached to and forming part of By-law #8019/23 The following excerpts from the Municipal Act (the “Act”), pertaining to the exercise of the Special Powers and duties provided to the Mayor as the Head of Council for the City of Pickering, and the provisions that follow, are provided to inform Council and the public on the process to be carried out when the Special Powers are utilized. These Special Powers, commonly referred to as “Strong Mayor Powers”, are exercised under provincial legislation and take precedence over the normal rules of procedure outlined in this By-law, where applicable. 1.Directions to municipal employees Excerpt from the Municipal Act: 284.3 For the purposes of exercising powers or performing duties under this Part, the head of council may, in writing, exercise the powers of the municipality to direct municipal employees to, (a) undertake research and provide advice to the head of council and the municipality on policies and programs of the municipality or of the head of council as they relateto the powers and duties under this Part; and (b) carry out duties related to the exercise of the power or performance of the duty,including implementing any decisions made by the head of council under this Part. Procedural Provisions: 1.1 Should the Powers granted under section 284.3 of the Act be exercised, Section 27.02 of this By-law that requires direction to staff to be in the form of a motion shall not apply to the Mayor. 1.2 Direction to staff under the Strong Mayor Powers shall be in writing through a Mayoral Direction and provided to the Clerk and the CAO by the next business day for circulation to all Members of Council, and posting on the City’s website. 1.3 Direction to staff by the Mayor under this power to undertake research and provide advice, may include but are not limited to direction that staff report back and/or bring forward recommendations on a particular matter. 1.4 In these instances, staff may bring forward a Recommendation Report which shall be presented to the appropriate Standing Committee or Council, in accordance with the provisions of this By-law. 1.5 Should there be a By-law associated with the staff report and the Mayor indicates that the proposed By-law is being presented in accordance with subsection 284.11.1 of the Act, this will be indicated in the staff report and on the Council agenda in which the By-law is being presented. 1.6 In accordance with subsection 284.11.1(2) of the Act, Council is required to consider and vote on a By-law presented by the Mayor under the Strong As amended by By-law 8049/23 Mayor Powers, and the By-law requires only one-third of the Members of Council (3 Members) to be adopted. See Section 5 of Schedule “A” for further details. 2.Powers regarding committees Excerpt from the Municipal Act: 284.8 Subject to the regulations, if any, the following powers of the municipality with respect to prescribed committees, or committees within a prescribed class of committees,are assigned to the head of council: 1. The power to establish or dissolve committees. 2. The power to appoint chairs and vice-chairs of committees. 3. The power to assign functions to committees. Procedural Provisions: 2.1 The Powers provided under subsection 284.8, and in accordance with O. Reg. 530/22, relate only to those committees that consist solely of Members of Council. For the City of Pickering, the only Committees comprised solely of Members of Council are the City’s two Standing Committees, the Executive Committee and the Planning & Development Committee. The Powers do not apply to the City’s Advisory Committees, Boards, or Taskforces. 2.2 Under the Act, the Mayor may choose to delegate these Powers, and if delegated, they may only be delegated to Council. 2.3 If the Mayor has delegated this Power to Council, the establishment, function and appointment of the Chairs of the Standing Committees are carried out in accordance with Sections 05.03 and 07.03 of this By-law which may be repealed, replaced or amended by Council from time to time. 3.Powers regarding meetings Excerpt from the Municipal Act: 284.10 (1) Despite any procedure by-law passed by the municipality under subsection 238(2), if the head of council is of the opinion that considering a particular matter couldpotentially advance a prescribed provincial priority, the head of council may require thecouncil to consider the matter at a meeting. Procedural Provisions: 3.1 Under subsection 284.10(2) of the Act, “meeting” has the same meaning as in subsection 238(1) of the Act and “Meeting” has the same meaning in this By-law. 3.2 The manner in which a matter may be brought forward by the Mayor under this section is not prescribed in the Act. 3.3 The matter could be verbal or written, and Council is required to consider the matter, which would occur at a Standing Committee or Council Meeting. Despite the provisions of this By-law, a matter introduced by the Mayor under their By-law 8019/23 Page 41 By-law 8019/23 Page 42 Special Powers shall be heard under the “Matters for Consideration” section of a Standing Committee or Special Council agenda or the “New and Unfinished Business” section of a Council Agenda. If the matter is provided to the Clerk prior to the publication of an agenda, the Clerk shall place the matter on the agenda as noted above. Should the Mayor bring forward a matter for Council’s consideration at a Standing Committee Meeting, the matter would be presented to the subsequent Council Meeting as part of that Standing Committee Report in accordance with Section 16 of this By-law. 3.4 As stated in the Act, the matter may be introduced despite any procedure by-law adopted by the municipality, and therefore Section 17.02 of this By-law shall not apply and there is no requirement for the Mayor to obtain the approval of Two-Thirds of the Members of Council present at a Meeting to introduce the matter. If using this power, the Mayor is also not obligated to follow the process outlined in Section 18 of this By-law as it pertains to Notices of Motion. 3.5 This special power allows for the Mayor to require Council to consider a matter, however, the disposal of the matter would be by way of a vote of Council and would require a majority of the members present at the Meeting to pass unless otherwise provided in this By-law. 3.6 Despite Section 27.01 of this By-law, the matter being presented by the Mayor under the Special Powers is not required to have a mover or seconder and shall be voted on at the request of the Mayor. 3.7 Despite section 3.6 above, and upon such time that the matter is before Council, the normal rules of procedure contained in this By-law shall apply. Any attempts to amend a matter proposed by the Mayor or propose a motion to refer or defer the matter shall require a mover and seconder and a majority vote of the Members present to pass unless otherwise provided in this By-law. 4.Veto powers Excerpt from the Municipal Act: 284.11 (1) This section applies with respect to by-laws under, (a) this Act and the regulations, other than under any prescribed section; (b)the Planning Act and its regulations, other than any prescribed section; and (c) any other prescribed Act or regulation or prescribed section of an Act or regulation. (2) Despite any procedure by-law passed by the municipality under subsection 238 (2) and subject to subsection (3) of this section, if the head of council is of the opinion that all orpart of a by-law that is subject to this section could potentially interfere with a prescribedprovincial priority, the head of council may provide written notice to the council of the intentto consider vetoing the by-law. Procedural Provisions: 4.1 At each Regular or Special Meeting of Council, the Mayor will be provided with a Mayoral Decision document indicating that they will not be using their power to veto any of the by-laws adopted at that Meeting, including the Confirmatory By- law. Once this Mayoral Decision is signed and submitted to the Clerk, all by-laws adopted at the Meeting are deemed to be passed. 4.2 If the Mayor chooses not to sign the Mayor Decision, or decides to exercise the special power of vetoing a By-law, the Mayor shall, in accordance with the Act, provide the intent to veto in a written veto document after the Meeting in which the By-law(s) was passed. 4.3 The Act requires the Mayor to give written notice of their intent to veto a by-law on or before the earlier of 2 days after the day Council voted in favour of the by- law. 4.4 The written intent to veto a By-law shall be provided to the Clerk, the CAO, all Members of Council, and posted publicly on the City’s website. 4.5 After the Mayor provides notice of their intent to veto a By-law, the Mayor has 14 days after the day Council voted in favour of the by-law to provide the Clerk with a written veto document. 4.6 The written veto document must include the veto and the reasons for the veto. 4.7 The Clerk shall provide the veto document to all Members of Council, the CAO, and the public, by the next business day after it is received. 4.8 If the Mayor vetoes a by-law, the by-law is deemed not to have been passed by Council. 4.9 Use of the veto Powers to veto a confirmatory by-law shall not negate all other proceedings or items that were adopted under such by-law except those that in the opinion of the Mayor could potentially interfere with a prescribed provincial priority. In such cases, all other matters aside from the one being vetoed, that were confirmed under the Confirmatory By-law for that Meeting, shall be carried out. 4.10 Within 21 days after the day the Clerk provides the written veto document to Council, the CAO, and the public, Council may override the Mayor’s veto if Two-Thirds of the Members of Council vote in favour of the override. Note: the legislation does not refer to Members of Council present and voting, but Members of Council as a whole. Two-Thirds of the total number of Members of Council equates to 5 of the 7 Members of Pickering Council. 4.11 The Mayor may vote as a Member of Council in a vote to override a veto. 4.12 If the override of the Mayor’s veto passes by the required Two-Thirds majority vote, the by-law shall be deemed to have passed on the day the Council votes to override the veto. 4.13 If the Mayor’s veto is not overridden, the by-law shall be deemed not to have been passed by Council, and it shall be indicated as such on the By-law for record keeping purposes. 4.14 If any of the timelines noted above expire, (e.g. the 2 days for the Mayor to give intent to veto, or the 14 days whereby the veto and the reasons for the veto are to be given to the Clerk), the Mayor may not exercise their power to veto the By-law, and the By-law is deemed to be adopted by the municipality on the day after the respective timeline has expired. 4.15 Should Members of Council wish to attempt to override the Mayor’s veto of a By- law, the matter would be carried out at a Special Meeting of Council. The calling of such Special Meeting would be either by the Mayor, or by way of a petition of a majority of the Members of Council in accordance with Section 05.04 of this By-law. By-law 8019/23 Page 43 By-law 8019/23 Page 44 4.16 The Clerk shall have the authority to amend the effective date of a by-law if necessary, should the Mayor exercise their power to veto the by-law and/or Council successfully overrides the Mayor’s veto. 5.Powers regarding by-laws Excerpt from the Municipal Act: 284.11.1 (1) This section applies with respect to by-laws under, (a)this Act and the regulations, other than under any prescribed section; (b) the Planning Act and its regulations, other than under any prescribed section; and (c) any other prescribed Act or regulation or prescribed section of an Act or regulation. (2) Despite any procedure by-law passed by the municipality under subsection 238 (2) andsubject to any prescribed requirements, if the head of council is of the opinion that a by-lawcould potentially advance a prescribed provincial priority, the head of council may proposethe by-law to the council and require the council to consider and vote on the proposed by- law at a meeting. (3) The head of council shall, in accordance with the regulations, provide to the clerk and toeach member of council, (a) a copy of any by-law proposed under subsection (2); and(b) the head of council’s reasons for the proposal. (4) Despite any procedure by-law passed by the municipality under subsection 238 (2) and despite section 245, a by-law described in subsection (2) is passed if more than one third ofthe members of council vote in favour of the by-law. (5) For greater certainty, the head of council may vote as a member of council in a vote topass a by-law described in subsection (2). Procedural Provisions: 5.1 Subsection 284.11.1 provides a special power for the Mayor to propose a by-law if in their opinion, it could potentially advance a prescribed provincial priority as described in O. Reg. 580/22. 5.2 In such instances, the Act requires that Council not only consider the by-law, but that they must vote on the proposed by-law. 5.3 In introducing a By-law, the Mayor must provide a copy of the by-law to the Clerk and all Members of Council along with the reasons for its proposal. 5.4 If the by-law can be provided to the Clerk prior to a Council Meeting, the Clerk shall include the proposed By-law on the appropriate Council agenda under the By-laws section with a notation that the By-law is being introduced under subsection 284.11.1 of the Act. 5.5 A by-law introduced under this special power is passed if more than one-third of the Members of Council vote in favour of the by-law. Despite Section 27.01 of this By-law, there is no requirement for the By-law to be moved or seconded prior to it going to a vote. The Council shall vote on the proposed by-law at the request of the Mayor. 5.6 As noted above in Section 4, Veto Powers, the legislation does not refer to Members of Council present and voting, but Members of Council as a whole. This results in the need for at least 3 of the 7 Members of Pickering Council to vote in favour of passing the by-law. 5.7 The Mayor may vote as a Member of Council in a vote to adopt a by-law proposed under this section of the Act. 5.8 Despite the need for only one-third of the Members to vote in favour of the by-law, the by-law must still be considered at a proper Meeting of Council which requires the need to obtain quorum to hold such meeting (4 of 7 Members). 5.9 Section 19.01 of this By-law shall not apply to by-laws introduced by the Mayor under the Strong Mayor Powers. In order that the minimum one-third vote can be ascertained to pass a by-law introduced under this section of the Act, the by-law shall be voted on separately. 5.10 Sections 19.02 and 19.03 of this By-law shall apply to all by-laws passed at a Meeting of Council, however, prior to the by-law being signed by the Mayor and the Clerk and sealed with the seal of the Corporation, it is not considered to have passed until such time that a Mayoral Decision to not exercise the Mayor’s ability to veto the by-law(s) has been signed by the Mayor, or the mandatory two days for the Mayor to give notice of their intent to veto the by-law(s) following the date of the Council resolution approving the by-law(s) has passed. 5.11 The Special Powers under this section of the Act do not apply to by-laws under Sections 238 (Procedure By-law), 290 (yearly budget for local municipalities), and 263 (filling vacancies on Council) of the Act. 5.12 A by-law presented under the Strong Mayor Powers cannot be deferred, referred, tabled, or amended and until a vote is taken on the by-law, a motion to adjourn would not be in order. 5.13 The Clerk shall have the authority to amend the effective date of a by-law if necessary, should there be a need to wait for the mandatory two days for the Mayor to give notice of their intent to veto the by-law. 6.Immunity Excerpt from the Municipal Act: 284.14 A decision made, or a veto power or other power exercised, legally and in goodfaith under this part shall not be quashed or open to review in whole or in part by any courtbecause of the unreasonableness or supposed unreasonableness of the decision or exercise of the veto power or other power. Procedural Provisions: 6.1 Throughout the parts of the Act pertaining to Strong Mayor Powers, there are instances that speak to the use of the Powers if the Head of Council is of the opinion that it could advance or interfere with the Provincial Priorities as set out in O. Reg. 580/22. By-law 8019/23 Page 45 By-law 8019/23 Page 46 6.2 The Mayor as the Head of Council is the only individual who can decide how and when to exercise the Special Powers and there is no appeal process if a member of the public, staff or Council disagrees. 6.3 Section 24.13 of this By-law, Appeal of Decision of Chair, shall not apply to the Mayor’s decision to bring forward a matter or by-law in accordance with the provisions of the Special Powers under the Act. 7.Powers and duties regarding budget Excerpt from the Municipal Act: 284.16 (1) In accordance with this section and subject to the regulations, the powers and duties of a municipality with respect to proposing and adopting a budget are assigned tothe head of council of the municipality. (2) The head of council shall, in accordance with the regulations, prepare a proposedbudget for the municipality and provide the proposed budget to the council for the council’s consideration. Procedural Provisions: 7.1 In order to exercise the Special Powers relating to preparing and proposing a budget, the budget must be provided to all Members of Council, the Clerk and the public on or before February 1st of each year. The direction for staff to prepare the budget for the Mayor’s consideration, shall be communicated by way of a Mayoral Direction that shall be provided to Members of Council, the CAO, the Clerk, and posted publicly on the City’s website. 7.2 Should the Mayor not exercise their Powers to prepare and propose a budget by February 1st, they lose their Powers to veto any budget recommendations/ decisions adopted by Council. 7.3 Should the Mayor have a conflict under the Municipal Conflict of Interest Act (MCIA) on a part of the budget, they are prohibited from using their Special Powers with respect to the matter in which they have the conflict. In these instances, Council would have control over the section of the budget in which the Mayor declares a conflict and Council may dispose of that section of the budget as it deems appropriate and the Mayor cannot veto the resolution in which they have declared a conflict. 7.4 It should be noted that if the Mayor intends on using this Special Power to propose and prepare the annual budget, and the budget is provided in accordance with the Act on or before February 1st, Section 05.03 c) of this By-law pertaining to the Executive Budget Meeting shall not apply and there is no requirement under the Act for the budget to be adopted by Council. 7.5 Upon notice from the Mayor that they will utilize their Special Powers to prepare and propose an annual budget, the Clerk shall not include the Executive Committee Budget dates on the annual Committee and Council Meeting Schedule as outlined in Section 05.03 c). If the notice from the Mayor occurs after the annual Meeting Schedule has been adopted, it shall be understood that the Executive Committee budget dates included on the Schedule will not take place and notice shall be provided to Council to cancel the Meeting in accordance with Section 06.03 of this By-law. 7.6 After receiving the proposed budget, and within 30 days, Council may pass a resolution to make an amendment(s) to the proposed budget. The 30-day time frame may be shortened by a resolution of the majority of the Members of Council at a Meeting. 7.7 Members of Council looking to bring forward an amendment(s) to the budget shall consult with the Director, Finance & Treasurer to understand the financial impacts of the proposed amendment(s). 7.8 The amendment(s) would be considered and disposed of at a Special Meeting of Council called either by the Mayor, or by way of a petition of a majority of the Members of Council in accordance with Section 05.04 of this By-law. Amendments to the proposed budget would require a majority vote of the Members present and voting to be carried. 7.9 If Council does not propose an amendment within 30 days of receiving the proposed budget, the budget is deemed to be adopted by the municipality. 7.10 If a Special Meeting is held to consider amendment(s) to the budget, after such Meeting, the Mayor may veto the resolution(s). 7.11 To exercise this special power of vetoing a budget resolution(s), the Mayor must, within 10 days after the expiry of the time period for Council to pass a resolution to amend the budget, or the shortened timeframe approved by Council, provide a written veto document that includes the veto and the reasons for the veto. The veto document shall be provided to the Clerk, CAO, and each Member of Council. The 10-day timeframe may be shortened by the Mayor if provided in writing through a Mayoral Decision which shall be provided to each Member of Council, the CAO, and the Clerk and posted publicly on the City’s website. 7.12 If the Mayor vetoes a budget resolution, the resolution shall be deemed not to have been passed by Council. If the Mayor does not veto a budget resolution, within 10 days, or the shorter period if set by the Mayor, the resolution stands and the amended budget is deemed adopted by the municipality. 7.13 In accordance with the Act, and if the Mayor exercises their right to veto, the veto may be overridden if Two-Thirds of the Members of Council (5 Members) vote to override it. A resolution to override the Mayor’s veto must be done within 15 days after the expiry of the time period for the Mayor to veto a budget resolution, or the shortened timeframe as the case may be. 7.14 The 15-day timeframe may be shortened by resolution of the majority of the Members of Council at a Meeting. 7.15 The attempt to override a veto of a budget resolution would be carried out at a Special Meeting of Council which would be called either by the Mayor or by way of a petition of a majority of the Members of Council in accordance with Section 05.04 of this By-law. As noted in earlier sections of this Schedule, the legislation does not refer to Members present and voting, but Members of Council as a whole. To obtain the required Two-Thirds vote, 5 of the 7 Members of Pickering Council would need to vote in favour to override the Mayor’s veto. The Mayor may vote as a Member of Council in a vote to override a veto. 7.16 If the veto of a resolution to amend the budget is not successfully overridden by Council, the budget is deemed to be adopted and the resolution to amend the budget shall be deemed not to have been passed by Council. By-law 8019/23 Page 47 By-law 8019/23 Page 48 8. General a)The use of the Special Powers and duties of the Mayor pertaining to the requirement forCouncil to consider a matter, consider and vote on a by-law, or to veto a by-law, are to be in keeping with the Provincial Priorities set out in O. Reg. 580/22. b)In accordance with Section 27.12 a) of this By-law, suspension of the rules does notapply to the use of the Strong Mayor Powers.c)If the Mayor exercises a power or performs a duty under the Special Powers of the Act,they shall do so in accordance with the Regulations. d)In the spirit of transparency, all Mayoral Directions and Decisions shall be posted publicly on the City’s website subject to any exceptions under the Municipal Freedom ofInformation and Protection of Privacy Act (MFIPPA).e)The Mayor may delegate their Powers and duties with respect to the ChiefAdministrative Officer and Committees only to Council. f)The Mayor may delegate their Powers and duties with respect to the organizational structure of the municipality to Council or the Chief Administrative Officer if one isappointed.g)Should the Mayor be in the Chair, and wish to utilize their Special Powers to introduce amatter, they are not required to vacate the Chair as outlined in Section 03.02 j) of this By-law. h)The additional Powers and duties bestowed upon the Head of Council under the Act arenot transferable and do not apply to a Deputy Mayor, Acting Mayor, or any otherMember of Council as the case may be.i)Should a vacancy occur in the Office of the Head of Council, in accordance with the Act, the vacancy shall be filled through a by-election under the Municipal Elections Act and the Strong Mayor Powers would then be afforded to the newly elected Head of Council.j)Notwithstanding clause i) above, if the vacancy occurs after March 31st in the year of aregular election, the municipality shall fill the vacancy by appointing a person who hasconsented to accept the office if appointed. The Special Powers and duties in this instance shall not be given to the newly appointed Mayor or to the Council, and are therefore not allowed to be exercised until a new head of council is duly elected in thenext regular election.