HomeMy WebLinkAboutProcedure By-law - ConsolidatedOffice Consolidation
Procedure By-law No. 8019/23
Passed by Council on June 26, 2023
Last Update: March 25, 2024
Amendments:
By-law 8049/23 October 23, 2023 Add Schedule “A”
By-law 8092/24 March 25, 2024 Replace Section 07.09 c) and d)
Add to Section 09.04
Repeal Section 11.01 (g) Repeal Section 14
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 13
Public Notification Emergency Notification
Cancellation/Postponement of Meetings
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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 Correspondence 25
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15 Committee Reports 26
16 New and Unfinished Business 26
Reports of an Urgent Nature Introduction of a Motion
17 Notices of Motions 27
18 By-laws 28
19 Regional Councillor Updates 28
20 Other Business 28
Other Business Notice of Motion Substantive Information Reports
21 Confirmatory By-law 29
22 Order of Business for Standing Committee Meetings 29
Order of Business for Regular Standing Committees Member Updates on Committees
23 Rules of Debate 29
Speaking to a Motion
Questioning the Motion Proceedings Decided by Chair Chair’s Decision Final Unless Appealed Appeal of Decision of Chair
24 Points of Order 31
25 Points of Privilege 31
26 Motions 32
Motions in Order of Precedence Motion to Adjourn Motion to Recess
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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
27 Voting 36
Requirement to Vote
Vote Not Allowed Voting on Amendments Determination of Votes No Secret Voting
Decorum While Calling Vote
Disagreement with Result of Vote Recorded Votes Vote of the Chair
37 28 Contingencies
29 Commencement and Administration
Appendix A
37
39
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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 ormore 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 theMayor under Section 242 of the Act and in accordance with Policy ADM045;
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 thatmaterially 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;
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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 and provided by email to all Members on the business day prior to the date in which the Meeting is held.
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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.
f) Call by name, any Member persisting in the breach of the Rules of
Procedure and order them to vacate the place in which the Meeting is being held.
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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 namedby the Chair.
h)Permit questions to be asked through the Chair of any staff in order to
provide Members with information to assist any debate when the Chair
deems it proper and appropriate.
i)Ascertain that all Members who wish to speak on a motion have spokenand that the Members are ready to vote, and shall then call the question.
j)The Chair may speak and/or vote on any question, but if they wish tomove or second a motion, they shall first vacate the Chair by designatingan Acting Chair to act in their place, until disposition of the item hasconcluded and they resume the Chair.
04 Disclosures of Pecuniary Interest
04.01 Where a Member has a Pecuniary Interest as defined in the Municipal Conflict of
Interest Act, the Member shall, prior to any consideration of the matter at the
Meeting, disclose the interest and the general nature thereof. The Member shall
not take part in the discussion of, or vote on any question in respect of the matter and shall not attempt in any way whether before, during, or after the Meeting to influence the voting on any such question. Members shall not request the Clerk or other Staff members to provide advice or comment on whether a Member has a
Pecuniary Interest. Advice pertaining to whether a Member should declare a
Pecuniary Interest shall be obtained by the Member from the City’s Integrity Commissioner or the Member’s independent lawyer.
04.02 Where the Meeting is not open to the public, in addition to declaring the conflict,
the Member shall leave the Meeting, or the part of the Meeting during which the
matter is under consideration.
04.03 Notwithstanding Section 04.02, if the matter under consideration pertains to whether to suspend the remuneration paid to the Member under Subsection
223.4(5) or (6) of the Act, the Member may take part in the discussion of the
matter, including making submissions to Council or the local board, as the case may be, and may attempt to influence the voting on any question in respect of the matter, whether before, during or after the Meeting. However, the Member is not permitted to vote on any question in respect of the matter. In the case of a Meeting
that is not open to the public, the Member may attend the Meeting or part of the
Meeting during which the matter is under consideration but may not vote on the matter.
04.04 Where a Member is absent from a Meeting which includes a matter on which they
have a Pecuniary Interest, the Member shall disclose the interest at the next
Meeting attended by the Member.
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04.05 The Clerk shall record any declarations of interest made by a Member in the
Meeting minutes, noting the matter and the general nature of the declaration. 04.06 Any verbal declarations made under this Section shall also be submitted in writing to the Clerk using the prescribed form and shall be made available in the
Office of the Clerk through a Disclosure of Interest Registry.
05 Types of Meetings 05.01 Inaugural Meeting
a) The Inaugural Meeting of Council shall be held no later than the second Monday after Council takes office pursuant to the Municipal Elections
Act.
b) The order of business for the first Meeting of Council shall be as follows:
i) Call to Order/Roll Call ii) Moment of Reflection iii) Indigenous Land Acknowledgment Statement
iv) Declarations of Office by Members
v) Inaugural address vi) Adjournment 05.02 Regular Council Meetings
All Regular Meetings of the Council shall be held on the fourth Monday of each month at the hour of 7:00 p.m. unless otherwise provided by resolution of the Council. If a Council Meeting falls on a public or civic holiday, the Council shall meet at the same hour on the next following day, which is not a public or civic
holiday.
05.03 Regular Standing Committee Meetings There shall be two Standing Committees; a Planning & Development Committee
and an Executive Committee. The Standing Committees shall be organized as
follows: a) The Planning & Development Committee and the Executive Committee shall be comprised of all Members of Council.
b) The Executive Committee shall meet on the first Monday of each month at 2:00 p.m., unless otherwise provided by resolution of the Council. If an Executive Committee Meeting falls on a public or civic holiday, the Committee shall meet at the same hour on the next following day, which
is not a public or civic holiday. It shall be the duty of the Executive
Committee to study and report to Council on matters under the jurisdiction of the Office of the CAO, the Community Services Department, the Corporate Services Department, the Economic
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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.
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.
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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.
d) All information, documentation, deliberations, or decisions received,
reviewed, or made at a Closed Meeting, including the detailed agenda, are confidential and must not be released to the public or any individual not entitled to be present at Closed Meetings.
e) The Clerk will distribute all confidential reports and material for Closed
Meetings in sealed envelopes that are marked with each Member’s name. Confidential materials that must be emailed to Members or staff
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shall be password protected and such password provided by way of a
separate means of communication.
f)No voting may take place during a Closed Meeting except if the vote isfor a procedural matter or for giving direction or instructions to officers,
employees or agents of the City, or persons retained under contract with
the City. Any votes taken in a Closed Meeting shall be by a show ofhands unless a Recorded Vote is requested by a Member in accordancewith this By-law.
g)When a Closed Meeting has occurred, the Committee or Council shall
rise to open session and the Chair shall state aloud a public report of thegeneral nature of the subject matter considered. Whenever possible, anydirection provided to staff shall be presented in a motion duly moved andseconded in the open session. Where it is not possible to report publicly
on matters considered during a Closed Meeting, the Chair shall provide a
general statement of what occurred during the Closed Meeting and wherenecessary, may take a vote to approve the confidential direction providedduring the Closed Meeting.
h)When a decision is made by Council to relay information to the public
regarding a Closed Meeting item, the Mayor or the Mayor’s designate,will release the information.
i)The response of Members to inquiries about any matter dealt with by a
Committee or Council at a Closed Meeting, prior to it being reported
publicly, must be “no comment”, or words to that effect. No Member shallrelease or make public any information considered at a Closed Meeting,or discuss the contents of such Meeting with anyone other than Membersor staff who were present at the Closed Meeting.
j)In accordance with Policy ADM 070, Code of Conduct, any violationspertaining to the disclosure of confidential information, may beinvestigated 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 of Conduct.
k)A person may request an investigation of whether a municipality or localboard has complied with Section 239 of the Act, or the Procedure By-law,in respect to a Closed Meeting or part of a Closed Meeting, by contacting
the Ombudsman appointed under the Ombudsman Act, if the municipality
has not appointed a closed meeting investigator.
05.07 Statutory Public Meetings
a)Statutory Public Meetings shall be held at the appropriate Standing
Committee Meeting, as required by statute, or by Council, or whenconsidered desirable by staff.
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b)Appropriate advertising shall be undertaken as required by statute, by-
law or in accordance with City policy, to advise interested persons of thesubject matter, date and time of the Meeting where the matter will beconsidered.
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 termof Council;
b)Notwithstanding Section 05.10 a), if the seat of the appointed Alternate
Member becomes vacant, Council may appoint another of its Members
as an Alternate Member for the remainder of the term of Council;
c)Council may not appoint an alternate for the Alternate Member; and
d)When acting in their capacity as an Alternate Member on the Upper Tier
Council, the Alternate Member shall adhere to all policies, procedures,practices, and codes of conduct established by the Upper Tier Council.
06 Notification of Meetings
06.01 Public Notification
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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) daysprior 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 theMeeting.d)Closed Meetings – at least twenty-four (24) hours preceding the
Meeting.
06.02 Emergency Notification
Emergency Meetings may be held, without written notice, to deal with issues
that may urgently affect the health or safety of residents. The Clerk shall attempt
to notify the public of emergency Meetings as soon as practicably possible and in the most expedient manner available.
06.03 Cancellation/Postponement of Meetings
Any Meeting may be cancelled or rescheduled to a day, time, and place, set out in a written notice from the Clerk, sent to each Member at least twenty-four (24) hours before the scheduled date of the Meeting.
A Meeting may be cancelled if the Clerk determines in advance that Quorum will
not be achieved, there are no agenda items, or by way of a resolution of the Committee or Council as the case may be.
Upon notice of a Meeting cancellation or the rescheduling of a Meeting, the
Clerk shall attempt to notify the public as soon as practicably possible and in the
most expedient manner available.
07 Meetings
07.01 Place of Meetings
All Regular Meetings of the Council and Standing Committees shall be held in the Council Chambers at the City of Pickering Civic Complex, One The Esplanade, Pickering, Ontario, unless otherwise decided by the Mayor and the
Clerk.
07.02 Information pertaining to a Committee or Council Meeting including the Meeting agenda, reports and any Supplemental Information Packages shall be sent to all Members.
07.03 Chairing of Meetings
a)Every Council Meeting shall be chaired by the Mayor, if present;
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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 theCouncil and if a Quorum is present, the Deputy Mayor shall preside overthe Meeting and have the same authority to Chair the Meeting as theMayor. 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 refuseto act, the Council may by resolution appoint another Member to act inthe 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 intheir stead shall relinquish the Chair back to the Mayor or Deputy Mayoras 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 Meetingof the Committee and if a Quorum is present, the Councillor who is nextin 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 standadjourned until the next Meeting.
07.07 Clerk’s Attendance at Meetings
The Clerk or the Clerk’s designate, shall be present at all Meetings of Council; however, they may delegate a member of staff to act in their stead at a Committee Meeting.
07.08 Recording of Minutes
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a)The Clerk shall record without note or comment all resolutions, decisions
and other proceedings at a Meeting, whether it be an open or ClosedMeeting;
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 ofCouncil; orii)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’sopposition or favour on any issue will not be recorded in any Meetingminutes.
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, with the exception of City staff, are not permitted to record any portion of a Meeting and shall not take photos of any individual at a Meeting or any portion of the Meeting proceedings, unless
they have been granted permission by a Two-Thirds majority vote of the
Members present. (As amended by By-law 8092/24)
d)Should a Meeting attendee violate these Procedures, the Chair may ask
that the individual be removed from the Meeting. (As amended by By-law 8092/24)
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 whileCouncil or a Committee is sitting;
b)Material to be distributed to Council during a Meeting can only bedistributed by the Clerk or the Clerk’s designate.
07.11 Petitions
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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 thehour of 11:00 p.m., the Committee or Council may, by a Majority vote ofthe 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 theMeeting on another day and time. Only those items of outstandingbusiness shall be included and considered at the Special Meeting. Aresolution to hold the Meeting on another day and time requires a
Majority vote and if adopted, the Meeting cannot be scheduled sooner
than 48 hours after the original Meeting in order to provide Council, staffand interested parties an opportunity to make arrangements to attendthe rescheduled Meeting.
e)In either instance noted above, and if at a Council Meeting, a
confirmatory by-law shall be adopted before the original Meetingadjourns in order to ratify the business that has already been conducted.Items deferred to a Special Council Meeting agenda will be confirmed
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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 Committeemay only delegate at Council if they have additional or new informationabout 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 StandingCommittee or if the Clerk determines that the matter is of an urgentnature and cannot wait for the next applicable Standing CommitteeMeeting.
d)All in-person Delegations, for items listed on an agenda, shall register inwriting 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 notedabove shall only be heard if permitted by a Two-Thirds Majority vote ofMembers present at the Meeting.
h)Members of the public may submit written comments in addition to, or in
lieu of, a verbal Delegation, by noon on the business day prior to theMeeting and such written comments shall be provided to all Members ofCouncil prior to the Meeting through the Supplemental InformationPackage.
i)A Delegation appearing before Council or Committee for items not listedon an agenda shall not be placed on an Agenda to discuss the same
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matter within six (6) months of the last appearance by the same
delegate.
j)Delegations shall not be permitted to speak before a Committee orCouncil for the sole purpose of generating publicity for an event, a
product or a service.
k)Delegations shall not be permitted to speak to matters which have beenreferred 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 notwithin Council’s jurisdiction.
m)Delegations shall not be permitted to speak to matters which have been
decided upon by Council unless the matter is before Council for
reconsideration.
n)Delegations will not be permitted for deferred items except for those whodid not delegate on the matter when it originally appeared before the
Committee or Council prior to it being deferred.
o)Delegations shall not be permitted to speak to a report provided by theCity’s Integrity Commissioner.
p)A maximum of five (5) minutes shall be allotted for each Delegation at a
Meeting.
q)A Delegation will not be permitted to take any unused time allocated toanother Delegation.
r)Should there be more than one individual that registers to speak as agroup, the group shall be allotted up to ten (10) minutes to delegate.
s)The five (5) minute Delegation speaking limit may be extended by two
(2)additional minutes if approved by a motion duly moved and seconded
and carried by a Majority vote of the Members present.
t)Delegations are encouraged not to repeat information presented by anearlier Delegation at the same Meeting.
08.02 Delegations at a Statutory Public Information Meeting
Delegations for Statutory Public Information Meetings, who are participating electronically, must register with the Clerk by 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
By-law 8019/23 Page 20
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 questionsto a Delegation for disorder or any other breach of this By-law and, if the
Chair rules that the Delegation is concluded, the person or persons
appearing shall end the Delegation.
b)Delegations shall not:
i)speak disrespectfully of any person;
ii)use offensive words;iii)speak on any subject other than the subject for which they havereceived 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.
By-law 8019/23 Page 21
08.07 Questions to the Delegation
a)Upon the completion of a Delegation, any discussion between Membersand the Delegation shall be limited to asking questions for clarificationand/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 thescope of the Delegation’s remarks or for adding the Member’s ownstatements 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 additionalrelevant information. Members shall not enter into debate withDelegations. 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 representationfrom 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 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
By-law 8019/23 Page 22
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.
The Clerk may also provide for electronic participation for all Members of
Council should circumstances arise where the imminent safety, or overall well-
being of Members, staff, and/or the pubic may be in question. Such a determination shall be made in coordination with the Chief Administrative Officer, Corporate Security Specialist, and the Mayor. (As amended by By-law 8092/24)
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.
10.03 Actions When a Member’s Behaviour is Inappropriate
By-law 8019/23 Page 24
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) Delegations h) Correspondence i) Committee Reports j) New and Unfinished Business
k) Motions and Notices of Motion
l) By-laws m) Confidential Council – Public Report n) Regional Councillor Updates o) Other Business
p) Confirmatory By-law
q) 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 Correspondence
14.01 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.
14.02 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.
14.03 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. 14.04 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
By-law 8019/23 Page 26
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. 15 Committee Reports
15.01 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. 15.02 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.
15.03 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.
16 New and Unfinished Business 16.01 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. 16.02 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.
By-law 8019/23 Page 27
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.
17 Notices of Motions
17.01 A Notice of Motion is required for motions that are initiated by a Member of
Council looking to introduce a new matter.
17.02 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”.
17.03 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.
17.04 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.
17.05 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.
17.06 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.
17.07 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.
17.08 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.
By-law 8019/23 Page 28
18 By-laws
18.01 All by-laws shall be passed in a single motion, unless a Member wishes to discuss the contents of a particular by-law or by-laws, in which case the subject by-law(s) shall be removed from the motion and dealt with separately.
18.02 Every by-law, when introduced, shall be 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.
18.03 Every by-law which has been approved by Council shall be numbered, dated,
sealed with the seal of the Corporation, signed by the Mayor and the Clerk and retained by the Clerk as a permanent City record in accordance with the City’s Records Retention By-law.
19 Regional Councillor Updates
19.01 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.
19.02 Updates under this Section of the By-law shall be limited to five (5) minutes per Regional Council Member. 19.03 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. 20 Other Business
20.01 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.
20.02 Notice of Motion A Member who wishes to give notice of a motion shall do so under “Other Business”.
20.03 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
By-law 8019/23 Page 29
that the timelines for reporting back are consistent with existing staff workplans
and priorities. 21 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.
22 Order of Business for Standing Committee Meetings 22.01 The Order of Business for Regular Standing Committees shall be as follows:
a) Call to Order/Roll Call
b) Disclosure of Interest c) Delegations d) Matters for Consideration e) Member Updates on Committees
f) Other Business
g) Adjournment The provisions noted in the preceding section describing the order of business on a Council Agenda shall also apply to the same sections at Standing Committee
Meetings. The following provides an explanation of the additional section contained
on Standing Committee agendas. 22.02 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. 23 Rules of Debate
23.01 No Member shall be deemed to have precedence or seniority over any other Member.
23.02 When a Member is speaking, no other Member shall interrupt that Member except to raise a point of order or privilege.
23.03 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.
By-law 8019/23 Page 30
23.04 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.
23.05 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. 23.06 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.
23.07 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.
23.08 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.
23.09 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. 23.10 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
By-law 8019/23 Page 31
the purpose of obtaining information, following which the Member shall
speak. 23.11 Proceedings Decided by Chair
In all other proceedings of Council, the matter shall be decided by the Chair,
subject to an appeal of the Chair’s decision by a Member of the Committee or Council. 23.12 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. 23.13 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. 24 Points of Order
24.01 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.
24.02 A Member may immediately appeal the Mayor/Chair’s decision in accordance with the provisions of this By-law. 25 Points of Privilege
25.01 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.
25.02 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.
25.03 A Member may immediately appeal the Mayor/Chair’s decision in accordance
with the provisions of this By-law.
By-law 8019/23 Page 32
25.04 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.
26 Motions
26.01 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.
26.02 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.
26.03 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.
26.04 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 Tabled)Motion to Call the Question (requires 2/3 Majority)e)Motion to Deferf)Motion to Refer
g) Motion to Amend
h)Motion to Suspend of the Rules (requires 2/3 Majority)i)Motion to Dividej)Main Motion
26.05 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;
By-law 8019/23 Page 33
d)If not carried, a motion to adjourn shall not be made again until further
proceedings have been conducted by the Committee or Council;
e)If the motion is to adjourn to a specific time, and if carried, it suspendsthe Meeting to continue at such specific time stated.
26.06 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 morethan 15 minutes without requiring a motion.
26.07 Motion to Table
a)A motion to table temporarily sets aside a pending motion (or a series ofpending 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 beenmade 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 immediatelymove a tabling motion;
f)A motion to table is not in order to intentionally kill a motion.
26.08 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 considerationexcept for the purpose of moving that the amending motion be put to avote.
26.09 Motion to Defer
By-law 8019/23 Page 34
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 isread 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;
c)The deferred matter will return in the same format as originally presented,to the time and place stated in the motion to defer.
26.10 Motion to Refer
a)A motion to refer a matter to a Committee, Council or City staff must include thebody to which it is being referred, the purpose of the referral, and the time inwhich it shall be returned (if applicable);
b)A motion to refer a matter is debatable and amendable however debate and anyamendment 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 thenext item of business.
26.11 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 themotion to amend the original main motion;
g)only one motion to amend an amendment to the original motion shall beallowed and any further amendment must be to the original main motion.
26.12 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 forin any Act;
b)Shall not be used to suspend the rules pertaining to Quorum or theprovisions for open Meetings;
By-law 8019/23 Page 35
c)A motion to suspend the rules is not debatable or amendable and shall notinclude 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.
26.13 Motion to Divide
A motion containing distinct proposals may be divided and a separate vote shall
be taken upon each proposal contained in a motion if decided upon by a Majority
vote of the Members present and voting. A motion to divide is not debatable or amendable and shall not 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 intoseparate 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 divideditems separately and then on the balance of the main motion asapplicable.
26.14 Motion to Reconsider a Previous Decision of Council
a)A Member who voted on the prevailing side of a main motion may movefor reconsideration of a decision of Council provided that no action hasbeen taken on any part of the matter that cannot be undone;
b)A reconsideration motion requires a Two-Thirds Majority vote of theMembers present and no discussion of the original motion shall beallowed until the motion for reconsideration has carried;
c)Reconsideration may be done at the same Meeting in which the matterwas decided, and if the motion to reconsider carries, the reconsiderationof 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 asubsequent Meeting. Such notice shall be given in accordance withSection 18 of this By-law. The resolution being reconsidered will beplaced on the next Regular Council agenda under New and UnfinishedBusiness. The previously adopted resolution of Council remains in force
unless and until Council adopts a new resolution;
By-law 8019/23 Page 36
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 beallowed 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) withregard to an appeal that requires Council to make a new decision, shallnot be deemed a reconsideration of a Council decision in accordancewith the provisions of this By-law.
26.15 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 that
cannot be undone. Notice of a motion to rescind a previous decision of
Council shall be given in accordance with Section 18 of this By-law;
b)A motion to rescind is debatable only to the extent of the rationale forrescinding the decision of Council;
c)A motion to rescind a previous decision requires a Two-Thirds vote of theMembers present and if the motion to rescind the prior decision carries,the resolution previously adopted by Council is immediately of no furtherforce or effect;
d)If it is possible to use a motion to reconsider, the motion to rescind shallnot be in order.
27 Voting
27.01 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.
27.02 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.
27.03 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.
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27.04 Determination of Votes
The manner of determining the decision of Committee or Council on a motion shall be by the prominent show of hands.
27.05 No Secret Voting
No vote may be taken by ballot or any other method of secret voting.
27.06 Decorum While Calling Vote
When the Chair calls for the vote on a motion, each Member shall occupy their seat, and shall remain in their seat, until the result of the vote has been declared by the Chair, and during such time no Member shall cross the floor or speak to any other Member or make any noise or disturbance.
27.07 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.
27.08 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.
27.09 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.
28 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.
29 Commencement and Administration
29.01 This by-law shall be administered by the Clerk.
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29.02 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.
29.03 By-law 7926/22 is hereby repealed.
29.04 The short title of this by-law is the “Procedure By-law”.
Original By-law passed this 26th day of June, 2023.
By-law 8019/23 Page 39
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 ofcouncil as they relate to 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
As amended by By-law 8049/23
By-law 8019/23 Page 40
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 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 withrespect to prescribed committees, or committees within a prescribed class ofcommittees, 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
could potentially advance a prescribed provincial priority, the head of council mayrequire the council to consider the matter at a meeting.
Procedural Provisions:
By-law 8019/23 Page 41
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 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 orregulation.
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(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 thatall or part of a by-law that is subject to this section could potentially interfere with aprescribed provincial priority, the head of council may provide written notice to thecouncil of the intent to 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.
By-law 8019/23 Page 43
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. 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 orregulation.
(2) Despite any procedure by-law passed by the municipality under subsection 238 (2)
and subject to any prescribed requirements, if the head of council is of the opinion thata by-law could potentially advance a prescribed provincial priority, the head of councilmay propose the by-law to the council and require the council to consider and vote onthe proposed by-law at a meeting.
(3) The head of council shall, in accordance with the regulations, provide to the clerk
and to each 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 of the 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 avote to pass a by-law described in subsection (2).
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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.
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6.Immunity
Excerpt from the Municipal Act:
284.14 A decision made, or a veto power or other power exercised, legally and ingood faith under this part shall not be quashed or open to review in whole or in part byany court because 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. 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 powersand duties of a municipality with respect to proposing and adopting a budget areassigned to the head of council of the municipality.
(2) The head of council shall, in accordance with the regulations, prepare a proposed
budget 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
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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
By-law 8019/23 Page 47
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.
8. General
a)The use of the Special Powers and duties of the Mayor pertaining to the
requirement for Council 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 doesnot apply 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 postedpublicly on the City’s website subject to any exceptions under the MunicipalFreedom of Information and Protection of Privacy Act (MFIPPA).
e)The Mayor may delegate their Powers and duties with respect to the Chief
Administrative Officer and Committees only to Council.f)The Mayor may delegate their Powers and duties with respect to the organizationalstructure 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 a matter, they are not required to vacate the Chair as outlined in Section03.02 j) of this By-law.h)The additional Powers and duties bestowed upon the Head of Council under theAct are not transferable and do not apply to a Deputy Mayor, Acting Mayor, or any
other Member of Council as the case may be.
i)Should a vacancy occur in the Office of the Head of Council, in accordance withthe 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 newlyelected Head of Council.
j)Notwithstanding clause i) above, if the vacancy occurs after March 31st in the year
of a regular election, the municipality shall fill the vacancy by appointing a personwho has consented to accept the office if appointed. The Special Powers andduties in this instance shall not be given to the newly appointed Mayor or to the
By-law 8019/23 Page 48
Council, and are therefore not allowed to be exercised until a new head of council
is duly elected in the next regular election.