2017-165 By-law to govern the proceedings of the council and committees/technical support groups of Council in the Township of Oro-Medonte (Procedural By-Law)The Corporation of the Township of Oro-Medonte
By -Law No. 2017-165
A By-law to Govern the Proceedings of Council and Committees/Technical
Support Groups of Council in the Township of Oro-Medonte
and to Repeal By-law Nos. 2015-203, 2016-46 and 2016-174
(Procedural By-law)
Whereas Section 238(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
states that every municipality and local board shall pass a procedure by-law for
governing the calling, place and proceedings of meetings;
And Whereas Section 238(2.1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended states that the procedure by-law shall provide for public notice of meetings;
And Whereas the Township of Oro-Medonte By-law No. 2015-203, being a by-law to
govern the proceedings of Council and Committees/Technical Support Groups of
Council in the Township of Oro-Medonte was passed under the authority of the
Municipal Act, 2001, S.O. 2001, c.25, Section 238(2);
And Whereas the Council of the Corporation of the Township of Oro-Medonte deems it
expedient to repeal By-law No. 2015-203, as amended, so that Council may reflect the
current practices, procedures and statutory requirements of Council and
Committees/Technical Support Groups of Council;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
That the proceedings of Council and its Committees/Technical Support Groups,
the conduct of the Members and the calling of meetings shall be governed by the
provisions and regulations contained in Schedule "A", attached hereto and
forming part of this by-law.
2. That the current edition of "Robert's Rules of Order Newly Revised" shall be the
basis of interpretation for questions of procedure or order not provided for in
Schedule "A".
3. That should any section, subsection, clause, paragraph or provision of this by-
law be declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of the by-law as a whole or any part thereof, other than the
provision so declared to be invalid. Any provincial Statutes imposed contrary to
this by-law shall take precedence.
4. That this by-law may be cited as the "Procedural By-law".
5. That By-law Nos. 2015-203, 2016-46 and 2016-174 are hereby repealed in their
entirety.
6. This by-law shall take effect on the 15t day of January, 2018.
By-law read a First, Second and Third time, and Passed this 13th day of
December, 2017.
The CoMoratign of toe Township of Oro-Medonte
Mayor, H.S.
w5
Deputy Clerk, Janette Teeter
Schedule "A" to By-law No. 2017-165
Page 2 of 30
Schedule "A"
to By-law No. 2017-165 for
The Corporation of the Township of Oro-Medonte
Index
1.0 Definitions
2.0 Notice of Meeting
3.0 Calling, Place and Time of Meetings
3.1 Inaugural Meeting of Council
3.2 Regular Meeting Schedule of Council
3.3 Council Meetings - Special or Emergency
3.4 Committees or Technical Support Groups of Council Meetings
3.5 Clerk Required
4.0 Quorum
4.1 Quorum - Council
4.2 Quorum - Committees or Technical Support Groups of Council
4.3 Attendance
4.4 Non -Attendance - Committees or Technical Support Groups of Council
5.0 Open and Closed Meetings - General
5.1 Open Meetings
5.2 Closed Session Meetings
6.0 Head of Council
6.1 Chair - Council
6.2 Duties of Chair
6.3 Vacate the Chair - Head of Council
6.4 Absence from Council Meeting
7.0 Chair - Committees or Technical Support Groups of Council
7.1 Absence from Committee or Technical Support Group Meeting
8.0 Conduct
8.1 Conduct - Members of Council
8.2 Conduct - Committees or Technical Support Group Appointees
8.3 Conduct - Members of the Public
9.0 Rules of Debate
9.1 Rules of Debate - Head of Council/Chair
9.2 Rules of Debate - Members
9.3 Rules of Debate - In Council/Committee
10.0 Use of Ballot for Determining Appointee
11.0 Voting
11.1 Voting - Head of Council
11.2 Voting - Chair of Committee or Technical Support Group of Council
11.3 Voting on Questions
11.4 Failure to Vote
11.5 Appeal of Declaration of Result
11.6 Equality of Votes
11.7 Recorded Vote
11.8 Voting - Closed Session Meeting
11.9 Voting - 2/3 Vote Calculation
12.0 Motions/Recommendations
12.1 Motions/Recommendations - General
12.2 Withdrawal of a Motion
12.3 Motion to Amend
12.4 Motion to Reconsider
Schedule "A" to By-law No. 2017-165
Page 3 of 30
13.0 Agendas
13.1
Council Agenda
13.2
Committee Agenda
13.3
Verbal Matters
13.4
Announcements
14.0 Agenda Section Headings
14.1
Call to Order — Moment of Reflection
14.2
Adoption of the Agenda
14.3
Disclosure of Pecuniary Interest
14.4
Closed Session Items
14.5
Minutes of Council and Committee
14.6
Recognition of Achievements
14.7
Public Meetings and Public Information Sessions
14.8
Deputations
14.9
Presentations
14.10
Identification from the Public of an Agenda Item of Interest
14.11
Open Forum
14.12
Reports of Municipal Officers
14.13
Reports of Members of Council
14.14
Consent Agenda
14.15
Communications/Petitions
14.16
Notice of Motions
14.17
By-laws
14.18
Closed Session Items (Unfinished Items)
14.19
Confirmation By-law
14.20
Questions from the Public Clarifying an Agenda Item
14.21
Adjournment
15.0 Suspension/Amendment of Procedure
Schedule "A" to By-law No. 2017-165
Page 4 of 30
1.0 Definitions
That in this By-law:
a) "Agenda" means a list of all items to be considered by the Council/Committee
at the meeting for which the agenda was published.
b) "Closed Session" means a meeting, or portion thereof, closed to the public in
accordance with Section 239 of the Municipal Act, 2001, as amended.
c) "Committee" means an advisory committee or Technical Support Group of
Council or similar entity.
d) "Chair" means the person presiding over a meeting of Councilor a
Committee/Technical Support Group.
e) "Clerk" means the Clerk of the Township of Oro-Medonte, or the Deputy
Clerk, acting in the capacity of the Clerk in his/her absence, or a person who
the Clerk has delegated authority to in accordance with Section 228(4) of the
Municipal Act, 2001, as amended.
f) "Consent Agenda" means a list of items on the agenda containing
recommendations from staff as to their disposition, all of which may be
adopted by one motion, but any of which may be removed from the motion
and voted upon separately upon the request of a Member.
g) "Council" means the Council of The Corporation of the Township of Oro-
Medonte.
h) "Deputation" means an address to Council/Committee by an individual or a
group for the purpose of making a presentation for information or asking for
an action; and/or an individual or a group who have requested to provide an
address to Council/Committee.
"Emergency Meeting" means a meeting not scheduled in accordance with the
approved schedule of meetings and must be held as expeditiously as
possible.
j) "Head of Council" means the Mayor of The Corporation of the Township of
Oro-Medonte or the Deputy Mayor acting in the capacity of the Mayor in
his/her absence.
k) "Holiday" means:
(i) any holiday as defined in the Section 88 of the Legislation Act,
2006. S.O. 2006, c.21, Sched. F,
(ii) any day proclaimed by the Head of the Council as a Civic Holiday.
"Improper Language" means the use of profane, indecent or obscene
language that is deemed, at the discretion of the Chair, to be disrespectful.
m) "Local Board" means a public utility commission, transportation commission,
board of park management, board of health, planning board, or any other
board, commission, Committee, body or local authority established or
exercising any power or authority under any general or special act with
respect to any of the affairs or purposes of a municipality or of two or more
municipalities or parts thereof.
n) "Meeting" means any regular, special, Committee or other meeting of Council,
or a Local Board or of a Committee of either of them.
Schedule "A" to By-law No. 2017-165
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o) "Member" means a member of the Council, including the Head of Council, or
a member which Council has appointed to a Committee/Technical Support
Group.
p) "Recorded Vote" means the recording of the name and vote of every Member
on any matter of question.
q) "Resident" means an individual who resides or rents/owns property within the
boundaries of the Township.
r) "Special Meeting" means a meeting not scheduled in accordance with the
approved schedule of meetings.
s) "Technical Support Group" means an advisory Committee where less than 50
per cent of the Members are members of Council of the Township of Oro-
Medonte.
t) "Township" means The Corporation of the Township of Oro-Medonte.
2.0 Notice of Meeting
a) The Clerk shall ensure that the Agenda, for each regular meeting of
Council and Committee, shall be posted to the Township website no later
than the end of the day on the last business day of the week prior to the
meeting. The posting of the Agenda on the Township website may
constitute notice of the meeting.
b) Notice of a Special Council Meeting shall be given to the public by posting
of the Agenda on the Township website as soon as is practicable after
notice of the Special Meeting has been given.
c) Notice of an Emergency Council Meeting shall be given to the public by
posting the Agenda on the Township website as soon as is practicable.
Such posting may not occur prior to the Emergency Meeting.
d) The Mayor or Chair may, if it appears that a storm or like occurrence will
prevent the Members from attending a meeting, postpone that meeting by
advising the Clerk and as many Members as they are able to reach.
Postponement shall not be for any longer than the next regularly
scheduled meeting.
e) The Chair may cancel a meeting due to lack of items for consideration, or
the Clerk, in consultation with the Chair, may cancel a meeting when it has
been confirmed before the meeting that there will be a lack of quorum
present. Such cancellation shall be noted on the Township's website as
soon as is practical after the meeting has been cancelled.
f) The Clerk, or designate, shall provide notice of cancellation to Council,
Staff, and Media a minimum of two (2) hours, whenever possible, in
advance of any meeting, public meeting, hearing, or information session in
the case of severe inclement weather. The notice of cancellation shall be
posted on the Township's website, and may be communicated in any
other manner deemed appropriate for the circumstances of the
cancellation.
g) Lack of receipt of notice or Agenda for a meeting by any person shall not
affect the validity of the meeting or any action lawfully taken at the
meeting.
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3.0 Calling, Place and Time of Meetings
3.1 Inaugural Meeting of Council
a) The Inaugural Meeting of Council shall take place at 7:00 p.m. on the first
Wednesday of December following a regular election.
b) The Mayor -elect and Clerk shall be responsible for the location, content
and format of the Agenda for the Inaugural Meeting and all arrangements
for the Inaugural proceedings.
c) That prior to the commencement of the first meeting of the newly elected
Council, the Clerk in consultation with the Mayor, shall establish the
seating arrangement to be used for the Term of Council, or portion
thereof.
3.2 Regular Meeting Schedule of Council
The regular schedule of meetings for Council shall be:
a) Council Meetings on the second and fourth Wednesday of each month
(except July, August and December — as defined further in this section).
b) The public session meeting on the second Wednesday of the month will
commence at 10:00 a.m. The meeting may commence up to 1 hour
earlier to deal with Closed Session Items. In the event that Council
concludes discussion on the Closed Session Items prior to the 10:00 a.m.
public session, Council will rise and recess and reconvene at 10:00 a.m.
for the reporting of the Closed Session Items during the public session.
Any matter which is not concluded during the preliminary Closed Session
will be carried forward to the Closed Session Items (Unfinished Items)
towards the end of the meeting Agenda.
c) The public session meeting on the fourth Wednesday of the month will
commence at 7:00 p.m. The meeting may commence earlier to deal with
Closed Session Items. The Closed Session commencement time will be
as noted on the Agenda cover pages for the said meeting. In the event
that Council concludes discussion on the Closed Session Items prior to
the 7:00 p.m. public session, Council will rise and recess and reconvene
at 7:00 p.m. for the reporting of the Closed Session Items during the public
session. Any matter which is not concluded during the preliminary Closed
Session will be carried forward to the Closed Session Items (Unfinished
Items) towards the end of the meeting Agenda.
d) During the months of July and August, a Council meeting shall be held on
the Wednesday of the week, in which the 15th day falls between Sunday
and Saturday with the public session commencing at 10:00 a.m. The
meeting may commence up to 1 hour earlier to deal with Closed Session
Items. In the event that Council concludes discussion on the Closed
Session Items prior to the 10:00 a.m. public session, Council will rise and
recess and reconvene at 10:00 a.m. for the reporting of the Closed
Session Items during the public session. Any matter which is not
concluded during the preliminary Closed Session will be carried forward to
the Closed Session Items (Unfinished Items) towards the end of the
meeting Agenda.
Schedule "A' to By-law No. 2017-165
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e) During the month of December, meetings shall be held as follows:
i) The public session meeting on the second Wednesday of the
month will commence at 10:00 a.m. The meeting may commence
up to 1 hour earlier to deal with Closed Session Items. In the event
that Council concludes discussion on the Closed Session Items
prior to the 10:00 a.m. public session, Council will rise and recess
and reconvene at 10:00 a.m. for the reporting of the Closed
Session Items during the public session. Any matter which is not
concluded during the preliminary Closed Session will be carried
forward to the Closed Session Items (Unfinished Items) towards the
end of the meeting Agenda.
ii) On the third Wednesday to be held at 7:00 p.m. which shall be
dedicated to Recognition.
iii) There shall be no meeting the fourth Wednesday of the month.
f) When a Development Services Committee meeting is held, there shall be
a Regular meeting of Council held immediately following the Development
Services Committee. This Regular meeting of Council shall be held solely
for the purposes to adopt the recommendations of the Development
Services Committee meeting and consideration of any Closed Session
matters and By-laws related to the Planning Act.
g) Meetings of Council/Committee shall be held at the Township of Oro-
Medonte Administration Centre, 148 Line 7 South, Oro-Medonte or any
other location within the municipality otherwise designated from time to
time for such purposes. The location shall be identified on the Agenda
cover pages for the said meeting.
h) In the event that the day scheduled for a regular Council meeting is a
public Holiday, civic Holiday, or a day on which a Municipal Election is to
be held, the Council shall meet at the same hour on the 1st day thereafter,
unless otherwise provided by resolution.
Where a Regular meeting of Council is to be held at a time, day or place
other than as set out in this Section, notice shall be provided pursuant to
Section 2.0.
j) Notwithstanding Section 3.2 i), where a Regular meeting of Council is to
be held at a location within the Township as a Travelling Council meeting,
Council shall give notice, at least 30 calendar days in advance of such
meeting, by publication on the Township website and any other manner
which is deemed appropriate by the Clerk, to inform the Residents of the
area in which the meeting will be held.
3.3 Council Meetings — Special or Emergency
a) The Head of Council may, at any time, call a Special Meeting of the
Council.
b) The Clerk, in consultation with the Head of Council, may call a Special
Meeting of the Council in circumstances where Council needs to make
decisions and actions need to be taken before the next regularly
scheduled meeting.
c) Upon receipt of a petition of the majority of the Members of Council, the
Clerk shall call a Special Meeting for the purpose and at the time
mentioned in the petition.
d) No business may be transacted at a Special Meeting of Council other than
that specified in the notice of the meeting or Agenda.
Schedule "A" to By-law No. 2017-165
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e) Once the Agenda for a Special Meeting of Council is posted on the
Township website, there shall be no amendment to the notice of the
meeting or the Agenda.
f) Notice of a Special Meeting of Council shall be delivered to all Members of
Council at least one calendar day before the date established for the
Special Meeting.
g) If a Special Meeting of Council is summoned as the result of a request
from an applicant to deal with a specific matter before the next regular
meeting of Council, the applicant shall be responsible for all costs
associated with the Special Council meeting, including per diem and
mileage payments, etc. The minimum charge of $750.00 shall be
applicable in such circumstances where a Special Council meeting is
deemed to be a "half day".
h) The Head of Council may, at any time, call an Emergency Meeting of
Council without the required one calendar day notice where the Head of
Council is satisfied an extraordinary situation exists that will negatively
impact the health, safety and well-being of persons, expose the
municipality to liability, or negatively impact the municipality's position in
negotiation, if Council does not make a decision and the Township does
not act on the matter within one calendar day of the Emergency Meeting.
No business may be transacted at an Emergency Meeting of Council other
than the business dealing directly with the emergency or extraordinary
situation.
j) When the Head of Council calls an Emergency Meeting of Council, the
Clerk shall notify Members of Council of the meeting in the most expedient
manner.
k) For the purposes of the Township's Remuneration By-law, an Emergency
Meeting of Council shall be classified as a Special Meeting of Council.
3.4 Committees or Technical Support Groups of Council Meetings
a) Committees or Technical Support Groups wholly within the sphere of the
jurisdiction of Council may be established, revised, disbanded and
replaced as Council deems necessary.
b) The majority of Members of such Committees or Technical Support
Groups shall be Residents within the municipality.
c) The Mayor shall be an ex -officio member of all Township Committees and
Technical Support Groups where not otherwise prohibited by any Act.
d) Council, in its sole discretion, may amend the appointment of any public
member to a Committee or Technical Support Group during its term.
e) The provisions of this By-law, with necessary modification, shall apply to
Township Committees or Technical Support Groups and to any other
Committees or Local Boards established by Council from time to time.
f) In the event that Council has enacted a Committee or Technical Support
Group specific procedural by-law, the provisions of this By-law, shall apply
when the Committee or Technical Support Group specific procedural by-
law does not speak to the matter in question.
g) Meetings of Committees or Technical Support Groups of Council shall be
scheduled by the Township.
h) In the event that the day scheduled for a regular Committee or Technical
Support Group meeting is a public Holiday, civic Holiday, or a day on
Schedule "A" to By-law No. 2017-165
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which a Municipal Election is to be held, the Committee shall meet at the
same hour on the 1St business day thereafter, unless otherwise provided
by resolution.
3.5 Clerk Required
No meeting of Council or Committee/Technical Support Groups, including any
Closed Session, shall be held in the absence of the Clerk or his/her designate.
This provision of the By-law may not be suspended.
4.0 Quorum
4.1 Quorum — Council
a) Four (4) Members of Council shall be physically present to discuss or
otherwise deal with any matter in a way that materially advances the
business or decision-making of the Council, Local Board or Committee to
constitute a quorum.
b) Where quorum is not present within thirty minutes of the time appointed
for a meeting, the Clerk shall call the roll and record the names of the
Members present. The meeting shall stand adjourned until the next
regular meeting or until a Special Meeting is called.
4.2 Quorum — Committees or Technical Support Groups of Council
a) A majority of the whole number of voting Members required to constitute
the Committee or Technical Support Group shall be physically present to
form a quorum (being the next whole number in excess of one-half the
number of Members).
b) Where quorum is not present within thirty minutes of the time appointed
for a meeting, the Clerk shall record the names of the Members present.
The meeting shall stand adjourned until the next regular meeting or until a
date is fixed by the Chair for which 48 hours notice is given to all
Committee or Technical Support Group Members.
4.3 Attendance
Attendance shall be in person for Members of Council, Committee or Local
Boards. No electronic participation shall be permitted for Members of Council,
Committee or Local Boards.
Any member of Council may attend any meeting of any Committee or Technical
Support Group to which he/she has not been appointed and such a Member shall
only participate in the discussion at the invitation of the Chair. Such attendance
at the Committee or Technical Support Group meeting shall be at the Member's
own discretion and without per diem.
4.4 Non -Attendance — Committees or Technical Support Groups of Council
a) The seat of a Member of a Committee or Technical Support Group shall
be declared vacant if the Member is absent for three (3) consecutive
meetings, without prior approval from Council, with the exception of
illness/health reasons.
b) If that person is prepared to show just cause why they should remain on
the Committee or Technical Support Group, the continuation of their
appointment shall be determined by Council.
c) Members of a Committee or Technical Support Group are required to
inform the Clerk's office of any anticipated, but unavoidable, absences
from upcoming meetings.
Schedule "A" to By-law No. 2017-165
Page 10 of 30
5.0 Open and Closed Meetings - General
5.1 Open Meetings
All meetings of Council and all meetings of any Committees/Technical Support
Groups of Council shall be open to the public subject to the exceptions listed in
Section 5.2.
5.2 Closed Session Meetings
a) A meeting or part of a meeting may be closed to the public if the subject
matter being considered relates to:
i) the security of the property of the municipality (may be cited as
"security of municipal property");
ii) personal matters about an identifiable individual, including
municipal employees (may be cited as "personal matters about an
identifiable individual");
iii) the proposed or pending acquisition/disposition of land by the
municipality (may be cited as "acquisition/disposition of land");
iv) labour relations or employee negotiations (may be cited as "labour
relations/employee negotiations");
v) litigation or potential litigation affecting the municipality, including
matters before administrative tribunals (may be cited as "litigation
affecting the municipality");
vi) advice that is subject to solicitor -client privilege, including
communications necessary for that purpose (may be cited as
"solicitor -client privilege");
vii) a matter in respect of which a council, committee or other body may
hold a closed meeting under another Act;
viii) the education or training of the members; 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
or committee (may be cited as "education or training of members").
ix) information explicitly supplied in confidence to the municipality or
local board by Canada, a province or territory or a Crown agency of
any of them (may be cited as "information explicitly supplied in
confidence to the municipality");
x) a trade secret or scientific, technical, commercial, financial or
labour relations information, supplied in confidence to the
municipality or local board, which, if disclosed, could reasonably be
expected to prejudice significantly the competitive position or
interfere significantly with the contractual or other negotiations of a
person, group of persons, or organization (may be cited as "trade
secret or scientific, technical, commercial, financial or labour
relations information, supplied in confidence to the municipality");
xi) a trade secret or scientific, technical, commercial or financial
information that belongs to the municipality or local board and has
monetary value or potential monetary value (may be cited as "a
trade secret or scientific, technical, commercial or financial
information that belongs to the municipality"); or
xii) a position, plan, procedure, criteria or instruction to be applied to
any negotiations carried on or to be carried on by or on behalf of
the municipality or local board (may be cited as "a position, plan,
procedure, criteria or instruction to be applied to any negotiations
related to the municipality").
b) A meeting or part of a meeting shall be closed to the public if the subject
matter being considered is:
a request under the Municipal Freedom of Information and
Protection to Privacy Act, if the Council is designated as the head
of the institution for the purposes of the Act;
Schedule "A" to By-law No. 2017-165
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ii) an ongoing investigation respecting the municipality, a local board
or a municipally -controlled corporation by the Ombudsman
appointed under the Ombudsman Act, an Ombudsman referred to
in subsection 223.13 of the Municipal Act, or the investigator
referred to in subsection 239.2 of the Municipal Act.
6.0 Head of Council
6.1 Chair — Council
The Head of Council shall assume the duties of Chair during Council Meetings.
6.2 Duties of Chair
a) The Chair shall preserve order and decorum, decide questions of order
(subject to an appeal to the Council/Committee by any Member) and,
without unnecessary comment, cite the rule of authority commonly
accepted (under parliamentary procedures or the procedural by-law)
applicable to the case, if called upon to do so.
b) To open the meeting of Council/Committee by taking the chair and calling
the Members to order.
c) To announce the business before the Council/Committee in the order in
which it is to be acted upon.
d) To receive and submit, in the proper manner, all motions/
recommendations presented by the Members.
e) To put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of proceedings, and to announce the
results.
f) To decline to put to vote motions which infringe on the rules of procedure.
g) To restrain the Members, within the rules of order, when engaged in
debate.
h) To enforce, on all occasions, the conduct of the Members.
i) To expel any person for improper conduct.
j) To call by name any Member persisting in breach of the rules of order of
the Council/Committee, thereby ordering him/her to vacate the Council
Chamber, or designated meeting place.
k) To receive all messages and other communications and announce them
to the Council/Committee.
1) To authenticate, by his/her signature when necessary, all by-laws (if
applicable), motions/recommendations and minutes of the
Council/Committee.
m) To represent and support the Council/Committee, declaring its decision in
all things.
n) To ensure that the decisions of Council/Committee are in conformity with
the laws and by-laws governing activities of the Council/Committee.
o) To adjourn the meeting when the business is concluded.
p) To unilaterally adjourn the meeting without a motion, in the event of grave
disorder arising in the meeting place.
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6.3 Vacate the Chair — Head of Council
a) If the Head of Council/Chair desires to introduce a motion or by-law,
he/she shall vacate the chair for that purpose only, and shall call on
another Member of Council to fill his/her place until he/she resumes the
chair.
b) The Clerk shall note in the minutes of the meeting when the Head of
Council/Chair vacates and resumes the chair.
6.4 Absence from Council Meeting
a) When the Head of Council knows in advance that he/she will be absent at
the commencement of a Council meeting, the Head of Council shall
advise the Deputy Mayor and Clerk as soon as possible prior to the
commencement of the meeting. In the event that the Head of Council and
Deputy Mayor will both be absent at the commencement of the Council
meeting, the Head of Council may appoint a Member of Council to preside
during the meeting or until the arrival of the Head of Council or Deputy
Mayor, and the Head of Council shall advise the Clerk of the appointment
as soon as possible prior to the commencement of the meeting.
b) In the unexpected absence of the Head of Council, within fifteen minutes
after the time appointed for the meeting, the Deputy Mayor shall call the
Members to order and, if a quorum is present, shall preside during the
meeting or until the arrival of the Head of Council. In the absence of the
Head of Council and the Deputy Mayor, and a quorum is present, the
Clerk shall call the Members to order, and a Chair shall be chosen from
the Members to preside during the meeting or until the arrival of the Head
of Council or Deputy Mayor.
c) When the Chair is vacated by the Head of Council, the Deputy Mayor shall
assume the Chair and shall preside during the meeting until the Head of
Council resumes the chair.
d) While presiding, the Deputy Mayor or Chair chosen by Council shall have
all the powers of the Head of Council and shall be entitled to vote as a
Member.
7.0 Chair — Committees or Technical Support Groups of Council
The Chair of a Committee or Technical Support Group of Council shall be
appointed by Council.
7.1 Absence from Committee or Technical Support Group Meeting
a) When the Chair of a Committee/Technical Support Group knows in
advance that he/she will be absent at the commencement of the meeting,
the Chair shall advise the ex -officio, Vice Chair if appointed, and the Clerk
as soon as possible prior to the commencement of the meeting. When a
Vice Chair is appointed, the Vice Chair shall assume the Chair for the
meeting. When there is no Vice Chair appointed, the ex -officio shall
assume the Chair for the meeting or until the arrival of the Chair. In the
event that the Chair and ex -officio will both be absent at the
commencement of the meeting, the ex -officio may appoint a Member of
Council to act in an ex -officio capacity, to preside during the meeting or
until the arrival of the Chair or ex -officio, and the ex -officio shall advise the
Clerk of the appointment, in writing, as soon as possible prior to the
commencement of the meeting.
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b) In the unexpected absence of the Chair and quorum is present, the Clerk
shall call the Members to order and a Chair shall be chosen from among
the Members of the Committee/Technical Support Group to preside during
the meeting or until the arrival of the Chair.
c) During the meeting, the Chair of a Committee or Technical Support Group
may appoint another Member of the Committee to act as the Chair while
he/she is temporarily absent from the meeting.
8.0 Conduct
8.1 Conduct — Members of Council
Members of Council shall:
a) not disturb another, or the Council itself, by any disorderly deportment
disconcerting to any Member speaking.
b) not resist the rules of Council or disobey the decision of the Chair on
questions of order or practice or upon the interpretations of the rules of
order of the Council.
c) not be permitted to retake his/her seat at any meeting after being ordered
by the Chair to vacate after committing a breach of any rule of order of the
Council, without making apology and the consent of the Council
expressed by a majority vote of the other Members present, determined
without debate.
d) not speak until he/she has addressed himself/herself to the Chair.
e) not walk across or out of the Chamber/designated meeting place or make
any noise or disturbance when the Chair is putting a question and shall
occupy his/her seat while a vote is being taken and until the result thereof
is declared.
f) not disclose any written or verbal information received at a meeting or part
of a meeting closed to the general public.
g) Where a Member of Council has exhibited conduct, outside of the Council
Chambers, that is unbecoming of a Council Member, Council may impose
sanctions and/or reprimands on that Member of Council, in its sole
discretion, by a majority of Members present.
h) declare where a pecuniary interest or possible pecuniary interest exists,
and shall not participate in the discussion of or vote on any question with
respect to the matter.
i) convey the position of Council once a question has been decided,
including when a Member had a minority opinion, while demonstrating
respect for democracy.
j) adhere to a dress code for Council Meetings as agreed to by the current
term of Council.
8.2 Conduct — Committees or Technical Support Group Appointees
Statement
Persons appointed to Township Committees or Technical Support Groups are
representatives of the Township and their conduct reflects on the Township and the
Council. Council expects that Appointees will perform their duties with a high standard
of personal and professional conduct, integrity, impartiality, good faith and in the best
interests of the Township.
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The Township is committed to providing a safe and secure workplace that respects
human rights and is free from violence, discrimination, threats and harassment. The
Township will not tolerate any action or failure to act which results in violence,
discrimination, threat, harassment or a violation of the human rights of any employee, or
persons appointed to Committees or Technical Support Groups.
Principles of Conduct
a) All Members of Committees or Technical Support Groups of Council shall:
Promote the general goals, objectives and policies of the Township.
ii) Convey the position of the Committee or Technical Support Group,
and Council once a question has been decided, including when a
Member had a minority opinion, while demonstrating respect for
democracy.
iii) Not disclose any written or verbal information received at a meeting
or part of a meeting closed to the general public;
iv) Declare where a pecuniary interest or possible pecuniary interest
exists, and shall not participate in the discussion of or vote on any
question with respect to the matter;
v) Not discriminate or harass another Member of Council, Committees,
Technical Support Groups, staff or public.
vi) Not benefit from the use of information acquired or used, and that is
not generally available to the public, during the course of their duties.
vii) Council Appointees, their immediate family and family Members
residing in their households may not sell goods, materials or services
to the Township without the express written permission of the Chief
Administrative Officer.
viii) Not place themselves in a position where they could derive any
benefit or gain from any Township contracts, persons, groups,
companies or organizations with which the Township does business,
pursuant to Township policy.
ix) Not accept gifts that are given in anticipation of special consideration
by the Township.
Consequences for Violations of Conduct
All reports of incidents shall be considered serious, will be investigated and appropriate
action will be taken, up to and including removal from the Township Committee or
Technical Support Group.
8.3 Conduct — Members of the Public
Members of the public shall respect the decorum of Council/Committee and shall
refrain from public outbursts; shouting; or behaviour intended to disrupt the
debate, discussion and/or general proceedings of Council/Committee.
Members of the public shall respect the dignity and rights of all persons present,
and shall not ridicule, demean or intimidate any person.
Members of the public who displays signs, posters, clothing or other advertising
devices, whether political or otherwise, that demonstrate a lack of respect for the
formal nature of the meeting may be requested, by the Chair to leave or remove
these items.
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No person shall use offensive, insulting or Improper Language in or against the
Council/Committee or any Member thereof, employees of the Township or any
other person.
Any member of the public who contravenes any provision of this section, may be
requested to leave or be expelled from the meeting place by the Chair or in
accordance with the direction of Council.
The Chair may unilaterally suspend the meeting until order is restored in the
meeting place.
In the event of grave disorder arising in the meeting place, the Chair may
unilaterally adjourn the meeting without a motion.
9.0 Rules of Debate
9.1 Rules of Debate — Head of Council/Chair
In directing the course of debate, the Head of Council/Chair shall:
a) designate the Member who has the floor when Members raise their hand
to speak.
b) preserve order and decide questions of order.
c) cause to be read all motions/recommendations presented in writing and
state all motions/recommendations presented verbally before permitting
debate on the question, except when otherwise provided in this by-law.
9.2 Rules of Debate — Members
In addressing the Council/Committee, no Member shall:
a) speak disrespectfully of Her Majesty the Queen or any of the Royal
Family, or of the Governor-General, Lieutenant -Governor or any member
of the Senate, the House of Commons of Canada, or the Legislative
Assembly of Ontario.
b) use offensive, insulting or Improper Language in or against the
Council/Committee or any Member thereof, employees of the Township or
any other person.
c) speak beside the question in debate.
d) speak against any decision of Council/Committee except for the purpose
of moving that the question be reconsidered or to bring forward a motion
to rescind or alter or amend the decision.
e) disobey the rules of Council/Committee or a decision of the Chair.
9.3 Rules of Debate — In Council/Committee
a) Every Member may only participate in a meeting by being physically
present in the meeting place and shall not be permitted to participate by
any electronic means.
b) Every Member when speaking to any question or motion shall respectfully
address the Chair.
c) When a Member is speaking, no other Member shall pass between
him/her and the Chair, or interrupt him/her except to raise a point of order.
10.0
11.0
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d) Any Member may require the question or motion under discussion to be
read at any time during the debate, but not so as to interrupt a Member
while speaking.
e) No Member shall speak more than once, except as outlined in Section
9.3 f), until every Member who desires to speak has spoken.
f) Upon verbal notification by the Chair of their intention to enforce the
following time limits, no Member shall speak to the same question for
longer than 2 (two) minutes. With the leave of the Chair, a supplementary
question with a further 1 (one) minute, may be granted.
(i) A Member may ask a question only for the purpose of obtaining
facts relevant to the matter under discussion and necessary for a
clear understanding thereof.
(ii) All questions shall be stated succinctly and questions shall not be
used as a means of making statements or assertions.
g) The Chair may take part in any debate without leaving the Chair.
h) Upon consent by a 2/3 vote of the Members present, Council/Committee
may permit members of the public to speak to a specific matter on an
Agenda, without a formal Deputation, at the time the matter is being
considered in order to provide additional information that may assist
Council/Committee in rendering a decision on the matter.
Use of Ballot for Determining Appointee
a) Where Council wishes to appoint a Member of Council as its
representative to a Board, Commission, Committee, etc. and more
Members of Council than available vacancies have expressed an interest
in being the appointed representative, Council may use a ballot for
determining the appointee.
b) The Clerk shall provide a ballot to Members of Council with the names of
the Members who have expressed an interest in being the appointed
representative(s).
c) Each Member of Council shall select their preferred representative(s) on
the ballot, shall fold the ballot and return it to the Clerk.
d) The Clerk and another staff member shall tally the votes and the Clerk
shall announce the successful representative(s).
e) In the event of a tied vote, the Clerk shall draw a lot consisting of the
names that received the tied vote.
f) Following the announcement of the successful representative(s), the Chair
shall ask for a motion to destroy the ballots.
Voting
11.1 Voting— Head of Council
Notwithstanding Section 11.3 c), the Head of Council (except where disqualified
from voting by reason of interest or otherwise) may vote with the Members on all
questions.
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11.2 Voting —Chair of Committee or Technical Support Group of Council
a) Members of Council sitting as Members of Committees or Technical
Support Groups of Council may not vote with the public Members of the
Committee or Technical Support Group on any question.
b) Notwithstanding Section 11.2 a), Members of Council sitting as Members
of Committees or Technical Support Groups of Council may vote on any
question, when no public Members have been appointed to the Committee
or Technical Support Group.
11.3 Voting on Questions
a) When the Chair calls for the vote on a question, each Member shall
occupy his/her seat and shall remain there until the result of the vote has
been declared by the Chair. During such time no Member shall walk
across the room or speak to any other Member or make any noise or
disturbance.
b) After a question is finally put by the Chair or Member, no Member shall
speak to the question nor shall any other motion be made until after the
vote is taken and the result has been declared.
c) Every Member present at a meeting of the Council/Committee, when a
question is put, shall vote thereon, unless he/she has declared any
pecuniary interest, direct or indirect in the question.
d) The manner of determining the decision of the Council/Committee on a
motion shall be by a "show of hands".
e) Any motion shall require a majority of votes of the quorum present in order
to be valid and binding on Council/Committee, unless otherwise set out in
this By-law or in any Act.
11.4 Failure to Vote
Failure to vote by any Member present, except when a Member has declared a
pecuniary interest, shall be taken as a negative vote.
11.5 Appeal of Declaration of Result
If a Member who has voted on a question disagrees with the declaration of the
Chair that the question is carried, or lost, he/she may, but only immediately after
the declaration by the Chair, appeal the declaration. On an appeal of the
declaration by a Member, the Chair shall call for a Recorded Vote to be taken on
the question in the manner prescribed in Section 11.7 of this By-law.
11.6 Equality of Votes
Where a vote on a question results in an equality of votes, the result shall be
deemed to be negative.
11.7 Recorded Vote
a) When a Member present requests, immediately prior to or immediately
subsequent to the taking of the vote, that the vote be recorded, each
Member present, except a Member who is disqualified from voting by any
Act, shall announce his/her vote openly.
b) The Chair, immediately following the request for a Recorded Vote, will put
the question again.
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c) All Members present at the Council or Committee Meeting, unless
disqualified from voting by any Act, must vote in alphabetical order,
beginning with the Member who has requested the Recorded Vote. The
Clerk shall call each Member individually, record the Member's vote, and
report the result of the vote to the Chair.
d) The Chair shall vote last.
11.8 Voting — Closed Session Meeting
a) Subject to Section 11.3, a meeting shall not be closed to the public during
the taking of a vote.
b) Notwithstanding Section 11.3, a meeting may be closed to the public
during the taking of a vote where:
i) Section 5.2 permits a meeting to be closed to the public; and
ii) The vote is for a procedural matter or for giving directions or
instructions to officers, employees or agents of the Township or
persons retained by or under contract with the Township.
11.9 Voting —2/3 Vote Calculation
a) When a 2/3 vote is required, the following table sets out the number of
votes required to meet the 2/3 requirement:
# Members Present
# Votes Required for 2/3 vote
7
5
6
4
5
4
4
3
12.0 Motions/Recommendations
12.1 Motions/Recommendations —General
a) Motions/recommendations, or notices thereof, shall be in writing, moved
and seconded.
b) Every motion/recommendation, when duly moved and seconded, shall be
received by the Chair, and shall then be open for discussion prior to the
vote being taken. Immediately preceding the taking of the vote, the Chair,
may state the question in the form introduced and shall do so if required
by a Member. He/she shall state the question in the precise form in which
it will be recorded in the minutes.
c) The following matters may be introduced orally, without written notice, and
without leave:
(i) a point of order or personal privilege
(ii) presentations of petitions
(iii) a motion to suspend a rule of procedure or in compliance with a
rule of procedure
(iv) a motion to adjourn (not debatable)
(v) a motion that the vote now be taken
(vi) a "friendly" amendment
(vii) a motion to defer shall not be considered until every Member who
desires to speak has spoken.
The Chair has the discretion to request that a friendly amendment to a
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motion be in writing and signed by the mover and seconder.
d) When the motion, under consideration, concerns two or more matters, a
vote on each matter, upon the request of any Member, may be taken
separately.
e) A motion in respect of a matter which is beyond the jurisdiction of Council
shall not be in order.
f) A Member shall speak to a motion in accordance with Section 9.3 — Rules
of Debate — In Council/Committee.
12.2 Withdrawal of a Motion
After a motion has been received and/or read by the Chair, it shall be deemed to
be in the possession of the Council/Committee but may be withdrawn by the
mover, with the consent of the seconder, prior to amendment or voting thereon.
12.3 Motion to Amend
A motion to amend:
a) shall be presented in writing.
b) shall be relevant to the question to be received.
c) shall not be received proposing a direct negative to the question.
d) shall receive disposition of Council/Committee prior to a decision on the
main question.
e) shall be disposed of in the reverse order of presentation to any further
amendment and/or the original motion.
f) shall not be further amended, more than once, provided that further
amendment may be made to the original motion.
g) may propose a separate and distinct disposition of a question.
12.4 Motion to Reconsider
After any question has been decided, the following shall prevail:
a) A motion to reconsider a question can only be made by a Member who
voted on the prevailing side, or a Member who was absent from the
meeting when the question was considered, and must be made on the day
the vote was taken or at the next succeeding regular meeting of Council.
b) No discussion, except that obtaining information that justifies the
reconsideration, shall be allowed until the motion for reconsideration is
decided upon.
c) No main motion may be reconsidered more than once, and may only be
reconsidered if action has not yet been taken.
13.0 Agendas
13.1 Council Agenda
a) The Clerk shall forward all notices and Agendas, to each Member of
Council, for regular meetings of Council a minimum of 48 hours in
advance of such meetings.
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b) Notwithstanding the Order of the Day for a regularly scheduled Council
meeting, an Agenda may be published with such section headings as may
be required and listing all matters to be considered.
c) In accordance with the Township's Accountability and Transparency
Policy, additions to the Agenda shall not be permitted, except when a
matter is of a time sensitive nature. In the event of a matter of a time
sensitive nature, the Member shall provide the matter to the Clerk, along
with justification as to why the matter is of a time sensitive nature, by noon
on the day of an evening meeting or noon of the day prior to a day
meeting. If the Clerk, Head of Council and Chief Administrative Officer are
satisfied that the matter is of a time sensitive nature, and should not wait
until the next regular meeting, the Clerk shall add the matter to the
Agenda on the Township's website in advance of the meeting. The matter
will then be included in the Adoption of the Agenda motion.
d) For the purpose of this section, a matter is deemed to be of a time
sensitive nature when it will negatively impact the health, safety and well-
being of persons, expose the municipality to liability, or negatively impact
the municipality's position in negotiation, if Council does not make a
decision and the Township does not act on the matter prior to Council's
next regular meeting.
e) When the Clerk's office has not been advised in a timely fashion to permit
a matter to be included on the Agenda, and such matter does not meet the
definition of a matter of a time sensitive nature as defined in Section
13.1 d), the matter shall be referred to the appropriate staff member for
consideration prior to being brought forward for Council's consideration.
f) Notwithstanding that additions to the Agenda shall not be permitted,
except as noted in this section, written comments related to an Agenda
item may be added to an Agenda when the comments are received by the
Clerk's office by 3:00 p.m. on the business day prior to the scheduled
meeting. For written comments received by the deadline, the Clerk shall
add the appropriate correspondence to the Agenda on the Township's
website in advance of the meeting. The correspondence will be included
and received in the Adoption of the Agenda motion. Any written comment
received after the deadline will not be added to the Agenda and will be
filed accordingly. Any information contained in a written submission,
including contact information, will become part of the public record.
g) The Order of the Day shall have preference during a regularly scheduled
Council meeting, save and except that the Chair may change the order at
any time during the meeting.
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Order of the Dav
The business of Council shall be taken up in the following order:
1. Call to Order— Moment of Reflection
2. Adoption of the Agenda
3. Disclosure of Pecuniary Interest
4. Closed Session Items
5. Minutes of Council and Committees
6. Recognition of Achievements
7. Public Meetings
8. Deputations
9. Presentations
10. Identification from the Public of an Agenda Item of Interest
11. Open Forum
12. Reports of Municipal Officers
13. Reports of Members of Council
14. Consent Agenda
15. Communications/Petitions
16. Notice of Motions
17. By-laws
18. Closed Session Items (Unfinished Items)
19. Confirmation By-law
20. Questions from the Public Clarifying an Agenda Item
21. Adjournment
13.2 Committee Agenda
a) The Clerk shall forward all notices and Agendas, to each Member of
Council and Committee, for regular Committee/Technical Support Group
meetings a minimum of 48 hours in advance of such meetings.
b) The Clerk shall publish an Agenda with such section headings as may be
required and listing all matters to be considered.
c) In accordance with the Township's Accountability and Transparency
Policy, additions to the Agenda shall not be permitted, except when a
matter is of a time sensitive nature. In the event of a matter of a time
sensitive nature, the Member shall provide the matter to the Clerk, along
with justification as to why the matter is of a critical nature, by noon on the
day of an evening meeting or noon of the day prior to a day meeting. If
the Clerk, Chair and Chief Administrative Officer are satisfied that the
matter is of a time sensitive nature, and should not wait until the next
regular meeting, the Clerk shall add the matter to the Agenda on the
Township's website in advance of the meeting. The matter will then be
included in the Adoption of the Agenda motion.
d) For the purpose of this section, a matter is deemed to be of a time
sensitive nature when it will negatively impact the health, safety and well-
being of persons, expose the municipality to liability, or negatively impact
the municipality's position in negotiation, if Committee does not make a
recommendation for Council's consideration at Council's next regular
meeting and the Township must act immediately upon Council's decision
at such meeting.
e) When the Clerk's office has not been advised in a timely fashion to permit
a matter to be included on the Agenda, and such matter does not meet the
definition of a matter of a time sensitive nature as defined in Section
13.2d), the matter shall be referred to the appropriate staff member for
consideration prior to being brought forward for Committee's
consideration.
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f) Notwithstanding that additions to the Agenda shall not be permitted,
except as noted in this section, written comments related to an Agenda
item may be added to an Agenda when the comments are received by the
Clerk's office by 3:00 p.m. on the business day prior to the scheduled
meeting. For written comments received by the deadline, the Clerk shall
add the appropriate correspondence to the Agenda on the Township's
website in advance of the meeting. The correspondence will be included
and received in the Adoption of the Agenda motion. Any written comment
received after the deadline will not be added to the Agenda and will be
filed accordingly. Any information contained in a written submission,
including contact information, will become part of the public record.
13.3 Verbal Matters
a) In the event that a matter is addressed during a meeting, and no report,
memorandum or correspondence exists as background for the matter, it
shall be the responsibility of the Member of Council/Committee or staff
member, who spoke to the matter, to provide, at a minimum, a written
record of speaking points to the Clerk's office within 7 calendar days of the
meeting.
b) Such written record shall be included in the Agenda package for all open
session matters.
c) For Closed Session matters, such record shall be retained by the Clerk's
office, in a secure manner.
13.4 Announcements
a) Announcements of Interest to the Public are to be provided to the Clerk's
office by 9:00 a.m. 7 calendar days prior to the meeting.
b) Upon receipt of the aforementioned announcements, the Clerk's Office
shall prepare a written record of the Announcements, which shall be
included in the Consent Agenda portion of the Agenda.
14.0 Agenda Section Headings
14.1 Call to Order— Moment of Reflection
As soon after the hour fixed for the Council or Committee/Technical Support
Group meeting as there is a quorum present, the Chair shall take the chair and
call the Members to order.
14.2 Adoption of the Agenda
A motion/recommendation will be brought forward to adopt the Agenda. The
motion/recommendation may include any addenda items which have been added
per the Procedural By-law, and/or written comments related to an Agenda item.
14.3 Disclosure of Pecuniary Interest
Every Member shall comply with the provisions of the Municipal Conflict of
Interest Act.
a) Where a Member has a pecuniary interest pertaining to any item listed on
a meeting Agenda, the Member shall so disclose the pecuniary interest in
writing, the general nature thereof, and shall provide such declaration in
writing to the Clerk, within 24 hours of the scheduled meeting. The Clerk
shall record the declaration in the minutes of the meeting, and maintain
the declaration in a registry.
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b) When a Member has declared a pecuniary interest on a matter that is to
be considered during an open meeting, the Member shall leave the table,
and at his/her discretion may remain or leave the open meeting until the
matter has been dealt with.
c) When a Member has declared a pecuniary interest on a matter that is to
be considering during Closed Session, the Member shall leave the Closed
Session during the consideration of the matter.
14.4 Closed Session Items
a) A meeting or part of a meeting may be closed to the public as provided in
Section 239 of the Municipal Act.
b) Before all or part of a meeting is closed to the public, the Members shall
state by motion:
i) the fact of the holding of the closed meeting and the general nature
of the matter to be considered at the closed meeting; or
ii) in the case of a meeting under Section 239(3.1) of the Municipal
Act, Education or training sessions, the fact of the holding of the
closing meeting, the general nature of the matter and that it is
closed under that subsection.
c) Except as provided for in Section 239 of the Municipal, Act, a meeting
shall not be closed to the public during the taking of a vote. Any matters
considered during Closed Session Items shall be brought forward and
voted upon when the Members rise from Closed Session.
d) All Members shall ensure that all confidential matters disclosed to them
with respect to a Closed Session Item are maintained as Confidential, and
that all materials distributed to Members during a Closed Session are
required to be returned to the Clerk, at the conclusion of the matter, for
destruction.
14.5 Minutes of Council and Committees
The minutes of meetings of Council and Committee shall record, without note or
comment:
a) the place, date and time of meeting;
b) the names of those present;
c) disclosure of pecuniary interest and the nature thereof;
d) the fact of the holding of a closed meeting and the general nature thereof;
e) all motions/recommendations, decisions and proceedings of the meeting.
The minutes of the meeting shall record when the Chair has exercised the right to
unilaterally adjourn a meeting without a motion, in the case of grave disorder
arising in the designated meeting place, and shall identify any outstanding
agendas items that will be brought forward to a future meeting.
14.6 Recognition of Achievements
Recognition of Achievements shall include Township employee recognition type
events, and written correspondence recognizing the accomplishments and
actions of Township staff and Council.
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14.7 Public Meetings and Public Information Sessions
a) Council, from time to time, may conduct Public Meetings or Public
Information Sessions for any purpose giving such notice as may be
deemed necessary or required by legislation or the Township's Notice
Policy.
b) Public Meetings required for an application, in accordance with the
Planning Act, may be conducted during a scheduled meeting of Council or
Committee, or if deemed necessary by the Clerk, or designate, may be
conducted as a separate meeting on a designated day.
c) Public Information Sessions may be conducted as a separate meeting on
a designated date in a format that is appropriate to provide the
information.
d) All Public Meetings/Public Information Sessions shall be digitally recorded,
and such recording shall be available to the public through the Township
website.
14.8 Deputations
a) Council/Committee will entertain up to three (3) Deputations per meeting.
b) Persons desiring to present information verbally on matters of fact or
make a request of Council/Committee shall give notice, in writing on the
prescribed form, to the Clerk by 9:00 a.m. 7 calendar days prior to the
preferred meeting, stating the purpose of the Deputation and providing a
general outline of the subject matter.
c) Council/Committee may, at its sole discretion, entertain Deputations with
less notice as circumstances warrant. When determining if a Deputation
will be heard with less notice than stipulated in Section 14.8 b),
consideration shall be given to the Township's Accountability and
Transparency Policy.
d) Deputations shall be limited in speaking to not more than ten (10) minutes.
e) A Deputation wishing to appear before Council/Committee shall be limited
to no more than two (2) speakers with a total speaking time of not more
than ten (10) minutes.
f) Upon consent of the majority of Members present, the ten (10) minute
time limit for Deputations may be extended.
g) Persons requesting to appear before Council/Committee shall be advised
of the time limitation in advance of their Deputation.
h) Specific types of audio visual equipment may be used to assist in
Deputations to Council/Committee, provided that such equipment has
been requested from the Clerk at the time of the Deputation request.
Deputation material must be provide in an electronic format to the Clerk by
9:00 a.m. 2 business days prior to the meeting date.
The Chair may expel or exclude from the meeting, any person who in the
opinion of the Chair, has behaved improperly.
j) Deputations appearing before Council/Committee with respect to the
same matter on the same agenda will be requested to limit their
Deputation so as not to. repeat the same points.
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k) Deputations to Council/Committee will be limited to one appearance
before Council/Committee with respect to the same matter.
i) Requests for Deputations from individuals who have previously
addressed Council/Committee on the same matter shall not be heard
unless there is new information to present.
ii) Such proof of new information shall be submitted, in writing on the
prescribed form, to the Clerk by 9:00 a.m. 7 calendar days prior to the
preferred meeting date.
iii) If the Deputation is granted, the Deputation shall focus their
presentation on the new information that the Deputation was granted
for.
iv) If, in the opinion of the Clerk, the submission does not provide any new
information, the Clerk shall provide the request to the Chair for
determination on whether a subsequent Deputation may be scheduled.
v) Where a request for a Deputation has been refused,
Council/Committee shall be notified by the Clerk.
1) For applications which have proceeded through a Public Meeting in
accordance with the Planning Act, a Deputation may be permitted for the
introduction of new information not presented through the Public Meeting
process.
m) Deputations to Council/Committee will be encouraged to provide written
copies of presentations.
n) No Deputation shall:
i) Speak disrespectfully of any person;
ii) Use Improper Language or unparliamentary language;
iii) Speak on any subject other than the subject for which they have
received approval to address Council/Committee;
iv) Disobey the rules of procedure or a decision of the Chair of
Council/Committee.
o) Upon the completion of comments to Council/Committee by a Deputation,
any discourse between the Members of Council/Committee and the
Deputation shall be limited to Members asking questions for clarification
and obtaining additional, relevant information only. Members of
Council/Committee shall not enter into debate with the Deputation
respecting their comments.
14.9 Presentations
a) Presentations from Township Partners and Agencies, including third
parties who have been engaged to undertake work on behalf of the
Township's Partners and Agencies.
b) Presentations shall be arranged at the request of Council/Committee or
staff.
c) Presentations may include the Township receiving and/or presenting an
award, certificate, cheque, etc.
14.10 Identification from the Public of an Agenda Item of Interest
Provides an opportunity for members of the public to identify an agenda item
which the public member may request be brought forward and considered earlier
in the meeting.
Schedule "A" to By-law No. 2017-165
Page 26 of 30
14.11 Open Forum
The Open Forum provides an opportunity for the public to provide verbal
comments to Council, in Open Session, on matters scheduled on the current
agenda, and shall be conducted as follows:
• Open Forum shall last no longer than 20 minutes;
• Each speaker shall be required to identify the agenda item they are speaking
to and provide their name and address, which may become part of the public
record;
• A speaker shall be limited to 2 minutes per agenda item;
• No response shall be provided to any question posed during Open Forum;
• No discussion, debate or decisions will occur during Open Forum;
• Each speaker is permitted to speak only once per agenda item;
• A speaker may provide comment on one agenda item and then shall step
aside to enable another to provide comment on an agenda item;
• No speaker shall speak to a second agenda item until other individuals have
had an opportunity to speak once;
• Speakers providing comment on the same agenda item, shall be requested to
limit their comments so as to provide additional information and not repeat the
same information provided by a previous speaker;
• Comments made during Open Forum will not form part of the minutes of the
meeting;
• The following matters will not be permitted during Open Forum:
o Comments/complaints against Members of Council or Township staff;
• Matters beyond the jurisdiction of Council or the Township;
• Closed Session agenda items, including current or pending litigation, or
Insurance claims and/or pending claims by or against the Township;
o Comments with respect to Minutes of Council and Committees;
• Comments that are contrary to the Municipal Freedom of Information and
Protection of Privacy Act;
o Comments with respect to any applications which have proceeded through
a Public Meeting in accordance with the Planning Act, with the exception
of comment related to a recommendation contained within the Staff
Report.
• The Chair may conclude Open Forum prior to the 20 minute maximum time
limit, for non-compliance with the Open Forum parameters, Conduct of
Members of the Public, or any other reason.
14.12 Reports of Municipal Officers
Reports of Municipal Officers includes matters for Council/Committee
consideration/information that are brought forward by Township Staff, including
Township hired consultants and the Township's appointed Auditor.
14.13 Reports of Members of Council
Reports of Members of Council includes "Updates from Council Representatives
— County of Simcoe and Township Partners and Agencies", as well as matters for
Council consideration/information that are brought forward by the Members of
Council.
a) Updates from Council Representatives — County of Simcoe and Township
Partners and Agencies:
Provides an opportunity for the Township's representatives at the County of
Simcoe, and the Council members appointed as the Township's
representatives at the Township's Partners and Agencies, to deliver updates
on the activities of the County of Simcoe and the Township's Partners and
Agencies.
Schedule "A" to By-law No. 2017-165
Page 27 of 30
14.14 Consent Agenda
Consent Agenda includes "Announcements of Interest to the Public", as well as a
list of items on the agenda containing recommendations from Staff as to their
disposition, all of which may be adopted by one motion, but any of which may be
removed from the motion and voted upon separately upon the request of a
Member.
14.15 Communications/Petitions
a) Petitions designed to be presented to Council/Committee and filed with
the Clerk shall meet the following requirements:
i) The petition must be addressed to the Township and request a
particular action within the authority of Council;
ii) Petitions must be legible, typewritten or printed in ink (no pencil);
iii) The text of the petition must be listed at the top of each page for
multiple -page petitions. Pages should be numbered and total
number of pages indicated;
iv) The petition must be appropriate and respectful in tone, and must
not contain any improper or offensive language or information;
v) Each petitioner must print and sign his or her own name. A paper
petition must contain original signatures only, written directly on the
petition;
vi) Each petitioner must provide his or her full address;
vii) For electronic petitions, petitioners must provide name, address
and a valid e-mail address; and
viii) The petition must clearly disclose on each page that it will be
considered a public document by the Township of Oro-Medonte
and the information contained in it may be subject to scrutiny as
part of the public record.
b) Communications designed to be presented to Council/Committee and filed
with the Clerk shall meet the following requirements:
i) Communications must be legible, typewritten or printed in ink (no
pencil);
ii) The communication must be appropriate and respectful in tone, and
must not contain any improper or offensive language or information;
iii) Every communication shall be dated and shall include the name of
at least one person, and an address where return correspondence
or contact is to be directed to. Paper communications shall contain
signatures; and
iv) Every communication shall be considered a public document by the
Township or Oro-Medonte and all information contained in the
communication will become part of the public record of the meeting
at which it is received.
c) Communications addressed to Mayor and Members of Council shall be
placed on a Council agenda for disposition, at the Clerk's discretion, in
consultation with the Head of Council and Chief Administrative Officer.
Schedule "A" to By-law No. 2017-165
Page 28 of 30
d) Every communication or petition, to be printed on an agenda, shall be
delivered to the Clerk no later than 9:00 a.m. 7 calendar days prior to the
meeting. If, in the Clerk's opinion, the communication/petition is of a time
sensitive nature, the Clerk may bring forward such communication/petition
for Council/Committee consideration, after the aforementioned deadline.
14.16 Notice of Motions
Notice of Motion" means an advance notice to Members of a matter on which
Council will be asked to take a position.
a) A motion to rescind or alter or amend a motion entered upon the minutes
shall be received or put only when notice of intention to introduce such
motion is given in accordance with Section 14.16 b).
b) Notice of Motion requires the Member of Council to provide, at a minimum,
a brief verbal explanation of the matter and to provide the Head of Council
with a written motion at a regularly scheduled meeting of Council. Such
motion shall be provided to Members in an agenda for consideration by
Council at its next regularly scheduled meeting.
14.17 By-laws
a) Every by-law shall be introduced upon motion by a Member of the Council,
specifying the title and number of the By-law.
b) Every by-law when introduced shall be in typewritten form and shall
contain no blanks except such as may be required to conform to accepted
procedure or to comply with provisions of any act and shall be completed
by the Clerk.
c) All amendments to any by-law approved by Council shall be deemed to be
incorporated into the by-law and if the by-law is enacted and passed by
the Council, the amendments shall be inserted therein by the Clerk.
d) Every by-law shall have three readings prior to it being passed.
e) The first, second and third readings of all by-laws listed on an agenda,
with the exception of the Confirmation By-law, shall be the subject of one
motion, unless a separate vote is requested by a Member of Council, or
deemed appropriate by the Clerk.
f) If Council so determines, a by-law may be taken as read.
g) The Clerk shall set out on all by-laws enacted by Council the date of the
several readings thereof.
h) The Clerk is authorized to make such minor additions, deletions or correct
other grammatical and clerical errors or changes in form to any by-law
before same is signed and sealed, for the purpose of ensuring correct and
complete implementation of the action of Council forming the subject
matter of the by-law.
i) Every by-law enacted by the Council shall be numbered and dated and
shall be sealed with the seal of the Corporation and signed by the Clerk
and the Head of Council or Chair and shall be deposited by the Clerk in
the office for safekeeping.
j) By-laws approved in accordance with this Procedural By-law will be
available on the Township's website once signed by the Head of
Council/Chair and Clerk.
Schedule "A" to By-law No. 2017-165
Page 29 of 30
14.18 Closed Session Items (Unfinished Items)
Any matters considered during Closed Session Items that were not concluded
prior to rising from Closed Session, are brought forward to Closed Session Items
(Unfinished Items) to enable for discussion on the matters so that they may be
brought forward and voted upon when the Members rise from Closed Session
Items (Unfinished Items).
14.19 Confirmation By-law
Council shall adopt a Confirmation By-law at every meeting to confirm the
decisions of Council. The Confirmation By-law confirms that the actions of
Council in respect to each motion, resolution or other actions passed and taken
by Council at a Council meeting, except where prior approval of the Ontario
Municipal Board or other authority by law is required, is thereby adopted, ratified
and confirmed as if all such proceedings were expressly embodied in a by-law.
The Confirmation By-law shall be listed separately on the agenda and enacted by
one motion that is not amendable or debatable.
14.20 Questions from the Public Clarifying an Agenda Item
Questions from the Public Clarifying an Agenda Item provides an opportunity for
the members of the public to seek clarification with respect to the decision which
was made on an agenda item, the meaning of the decision and the next steps as
a result of the decision.
• Questions from the Public Clarifying an Agenda Item shall last no longer than
10 minutes;
• Responses provided to questions posed during Questions from the Public
Clarifying an Agenda Item shall be included within the 10 minute maximum
time limit;
• Each speaker shall be required to identify the agenda item they are seeking
clarification on and provide their name and address, which may become part
of the public record;
• A speaker shall be limited to 1 minute per question;
• A speaker may pose a question and then shall step aside to enable another
to pose a question;
• The Chair may conclude Questions from the Public Clarifying an Agenda Item
prior to the 10 minute maximum time limit, for non-compliance with the above
parameters, Conduct of Members of the Public, or any other reason.
14.21 Adjournment
a) Meetings shall adjourn 4 hours after their scheduled commencement
unless this rule is temporarily suspended by motion of the majority of the
Members present.
b) In the event of grave disorder arising in the meeting place, the Chair may
unilaterally adjourn the meeting without a motion.
c) A meeting lasting 4 hours or less shall be deemed to be a "half day" in
accordance with the Township's Remuneration By -Law.
Schedule "A" to By-law No. 2017-165
Page 30 of 30
15.0 Suspension/Amendment of Procedure
a) Any procedure required by this by-law may be suspended with consent by
a 2/3 vote of the Members of the Council present.
b) No amendment or repeal of this By-law or any part thereof shall be
considered at any meeting of the Council unless notice of proposed
amendment or repeal has been given at a previous regular meeting of the
Council. The waiving of this notice by the Council is prohibited.