2023-043 By-law to Govern the Proceedings of Council and Committees/Technical Support Groups of Council in the Township of Oro-Medonte.Page 1 of 38
The Corporation of the Township of Oro-Medonte
By -Law No. 2023-043
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. 2017-165, 2020-009, 2020-092, 2020-097, 2021-004,
2021-131, 2022-033, 2022-077, 2023-003
(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. 2017-165, 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 enact By-law No. 2023-043, so that Council may reflect the current
practices, procedures and statutory requirements of Council and CommitteeslTechnical
Support Groups of Council and repeal By-law No. 2017-165 as amended;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. 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.
That By -Law Nos. 2017-165, 2020-009, 2020-092, 2020-097, 2021-004, 2021-
131, 2022-033, 2022-077, 2023-003 be repealed in their entirety.
4. That this by-law may be cited as the "Procedural By-law".
5. That this by-law shall come into force and take effect on the final passing thereof.
By -Law Read a First, Second and Third time, and Passed this 14 day of June,
2023.
The C ation pthe Township of Oro-Medonte
f
ayor, Randy Greenlaw
, Yvonne Aubichon
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Schedule "A" to By-law No. 2023-043 for
The Corporation of the Township of Oro-Medonte
Index
1.0 Definitions/General Rules and Regulations
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
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12.0 Motions/Recommendations
12.1 Motions/Recommendations - General
12.2 Motion to Adjourn
12.3 Motion to Recess
12.4 Motion to Call the Question
12.5 Motion to Defer
12.6 Motion to Refer
12.7 Motion to Amend
12.8 Main Motion
12.9 Substantive Motion
12.10 Motions without Ranking
12.11 Point of Order
12.12 Point of Personal Privilege
a) Chair's Ruling
b) Appeal of the Ruling
12.13 Motion to Divide the Question
12.14 Withdrawal of Motions
12.15 Motion to Suspend the Rules of Procedure
12.16 Motion to Reconsider
13.0 Agendas
13.1 Council Agenda
13.2 Committee Agenda
13.3 Verbal Matters
14.0 Agenda Section Headings
14.1 Call to Order
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/Presentations
14.9 Identification from the Public of an Agenda Item of Interest.
14.10 Open Forum
14.11 Reports of Municipal Officers
a) Reports of Municipal Officers for Action
b) Reports of Municipal Officers Information Only
14.12 Reports of Members of Council
14.13 Announcements
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 Adjournment
15.0 Technical lnterruption(s)/Failure
16.0 Suspension/Amendment of Procedure
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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) "Addendum" means any addition to a published Agenda.
c) "By-law" means this Procedure By-law as may be amended by Council
from time to time.
d) "CAO" means the Chief Administrative Officer or designate for the
Township of Oro-Medonte.
e) "Closed Session" means a meeting, or portion thereof, closed to the public
in accordance with Section 239 of the Municipal Act, 2001, as amended.
f) "Chair" means the person presiding over a meeting of Council or a
Committee/Technical Support Group.
g) "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.
h) "Committee" means an advisory committee or Technical Support Group
task force, or ad hoc, or board as appointed by Council or similar entity.
i) "Communications" means written submissions addressed to Mayor and
Members of Council, that meet procedural requirements and timelines,
and require staff input or report back direction from Council.
j) Confirmation By-law means a By-law passed for the purpose of giving
general effect or ratification to previous decisions or proceedings of
Council.
k) "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
for debate and voted on separately upon the request of a Member.
I) "Council" means the Council of The Corporation of the Township of Oro-
Medonte.
m) "Defer, Deferred or Deferral" when used in conjunction with a matter
before the Council or Committee, means that the matter is to be dealt with
at the next regular meeting of the same body, or at the meeting of the
same body which is specified in the motion to defer.
n) "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.
o) "Electronic Participation" means participation in a meeting from a remote
location by such electronic means or service as determined and provided
by the Clerk, and "participate electronically' has a corresponding meaning.
p)
q)
"Emergency Meeting" means a meeting not scheduled in accordance with
the approved schedule of meetings and must be held as expeditiously as
possible.
"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
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his/her absence. In the absence of the Mayor and Deputy Mayor, the
Head of Council shall fall to the appointed Alternate.
r) "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.
s) "Improper Language" means the use of profane, indecent or obscene
language that is deemed, at the discretion of the Chair, to be disrespectful.
t) "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.
u) "Meeting" means any regular, special, Committee or other meeting of
Council, or a Local Board or of a Committee of either of them, where (a) a
quorum of members is present, and (b) members discuss or otherwise
deal with any matter in a way that materially advances the business or
decision making of the Council, or Committee.
v) "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.
w) Motions:
i) Friendly Amendment: means an amendment to a Motion under
debate with the consent of the mover and seconder and without the
requirement for a Motion to Amend.
ii) Main Motion: means a Motion that is brought before the presiding
body for its consideration on any particular subject, independent of
any other pending motion.
iii) Motion to Amend: means a Motion to change the words of a
pending motion.
iv) Motion to Defer: means a motion to postpone all discussion on the
matter until later in the same meeting or to a future date which is
established as part of the motion.
v) Motion to Divide the Question: means a request to divide a motion
into two parts, which can stand alone to be voted on separately.
vi) Motion to Receive: means a Motion to receive the information being
presented for consideration.
vii) Motion to Reconsider: means a Motion to allow Council to consider
a motion again after any question has been decided before the end
of the meeting or at the next subsequent meeting.
viii) Motion to Refer: means a motion to direct a matter under discussion
by Council to a Committee or staff for further
examination/information and if so specified, report back to
Council/Committee.
ix) Motion to Suspend or waive the rules of procedure: means a motion
to render temporarily ineffective one or more Rules of Order.
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x) Notice of Motion: means an advanced notice to Members of a
matter on which Council will be asked to take a position at the next
scheduled meeting.
xi) Withdrawal of Motion: means a request by the mover, with consent
of the seconder, to withdraw a motion that is in the possession of
Council, prior to amendment or voting thereon.
xii) Point of Order: means a question raised by a Member drawing
attention to an infraction of the Rules of Procedure.
xiii) Point of Privilege or Point of Personal Privilege" means a question
raised by a Member of Council who feels the safety, rights, or
integrity of the Member, another Member, member of the public or
staff member have been impugned by anyone present at the
Meeting.
x) "Municipal Act" means the legislation in the Municipal Act, 2001 as
amended, providing the authority to Ontario municipalities to act as the
local government and to perform all the attendant duties contained therein.
y)
Municipality means The Corporation of the Township of Oro-Medonte.
z) "Notice" means a public notice given in writing, posted on the Township
website prior to the Council meeting, using all reasonable and appropriate
means to inform the public of Council and Committee activities.
aa) "Presentations" means an address to Council or Committee by an
individual or a group that is a partner, joint agency, government body,
consultant, including third parties who have been engaged to undertake
work on behalf of the Township and/or its partners and agencies who are
to provide an address to Council or Committee.
bb) Proclamations: An official public announcement and symbolic gesture of
endorsement requested on behalf of an organization or similar entity.
cc) "Public Meeting" means a meeting held for the purpose of providing
information to the public and/or obtaining public comments. It may be
included as part of any meeting of Council to consider such matters.
dd) "Public Record" means a record required by law to be made and kept,
a) record made by a public officer or a government agency in the
course of the performance of a duty,
b) a record filed in a public office.
ee) "Quorum" means the majority of members required for the legal conduct of
business of Council, a Committee or Local Board.
ff) "Recess" means to take a short break in the proceedings of the meeting
during which members may leave the room.
gg) "Recorded Vote" means the written recording by the Clerk or designate of
the name and vote of every Member on any matter of question, as
requested by a Member.
hh) "Resident" means an individual who resides or rents/owns property within
the boundaries of the Township.
ii) Rules of Procedure means the rules and regulations set out in this
Procedural By-law or otherwise addressed in Roberts Rules of Order
Newly Revised.
jj)
"Special Meeting" means a meeting not scheduled in accordance with the
approved schedule of meetings.
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kk) "Table a motion" means to set a motion on the floor for debate.
II) "Technical Support Group" means an advisory Committee where less than
50 percent of the Members are members of Council of the Township of
Oro-Medonte.
mm) "Township" means The Corporation of the Township of Oro-Medonte.
General Rules and Regulations
1. The rule and regulations contained in this By-law shall be observed in all
proceedings of Council and Committees in the dispatch of business of Council
and Committees, including the Development Services Committee, with the
changes necessary to give effect thereto.
2. The rules and regulations contained herein may be suspended by a two-thirds
(2/3) vote of the members of Council or Committee present at the meeting,
provided that such rule or regulation is not prescribed by statute.
3. Procedural matters not specifically addressed in this By-law shall be decided by
the Chair in accordance with Roberts Rules of Order (Newly Revised) as far as
reasonably practicable.
2.0 Notice of Meeting
a) The Clerk or designate shall ensure that the Agenda, for each regular
meeting of Council and/or Committee, shall be distributed to Council up to
one day prior to, but no later than noon on the last business day prior to its
release to the public via the Township website by end of the last business
day of the week prior to the meeting. The posting of the Agenda on the
Township website shall constitute public 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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h) In the event the Township's website is unavailable for posting of a notice
or cancellation of a meeting, staff will take alternative measures to post a
notice or cancellation in a medium as available, such as but not limited to
at the Township's Administration Centre located at 148 Line 7 South, Oro-
Medonte and/or through social media, if available. As soon as practicable
after the website is available, the notice or cancellation is to be posted on
the Township's website.
i) The Clerk, or designate will ensure that information on how the public may
access the meeting will be provided on the meeting agenda and on the
Township website.
j) Meetings of Council or committee, except those portions held in closed
session, may be livestreamed and/or recorded for public convenience and
information sharing, and is not required as a record of the
proceedings. Any inability, technical or otherwise, to livestream or record
a meeting shall not preclude the holding of a meeting where public notice
requirements have been met.
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
fourth Wednesday of November 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 Elect, 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) Council Meetings to commence at 3:00 p.m. with the Closed Session to
commence immediately following the opening of the meeting. The open
session shall reconvene immediately following Closed Session. Any
unfinished Closed Session matters may be carried forward to the Closed
Session Items (Unfinished Items) towards the end of the meeting agenda.
c) 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. These meetings to commence at 9:00 a.m. with the Closed
Session to commence immediately following the opening of the meeting.
The open session shall reconvene immediately following Closed Session.
Any unfinished Closed Session matters may be carried forward to the
Closed Session Items (Unfinished Items) towards the end of the meeting
agenda.
d) During the month of December, meetings shall be held as follows:
i) The meeting on the second Wednesday of the month shall
commence at 9:00 a.m. with Closed Session to commence
immediately following the opening of the meeting. The open
session shall reconvene immediately following Closed Session.
Any unfinished Closed Session matters may be carried forward to
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the Closed Session Items (Unfinished Items) towards the end of
the meeting agenda.
ii) On the third Wednesday, a regular Council meeting may be
dedicated to Recognition at a time confirmed with the Head of
Council.
iii) There shall be no meeting the fourth Wednesday of the month.
e) In the absence of a scheduled closed session the open session shall
commence immediately upon the Chair calling the meeting to order.
f) When a Development Services Committee meeting is held, there shall be
a Regular meeting of Council held immediately following the Development
Services Committee meeting. 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.
i) 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 as confirmed with the Head of Council.
j)
Notwithstanding Section 3.2i), 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.
k) During the year of a municipal election the regular meeting schedule of
Council may be altered, or meetings may be cancelled by the Clerk and
Chief Administrative Officer in consultation with the Mayor.
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 or 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.
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.
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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, or as soon as practicable.
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.
i) 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.
I) In the year of an election, the Clerk and Chief Administrative Office in
consultation with the Mayor Elect, may call a Special Meeting of Council to
be held immediately following the Inaugural meeting. This meeting would
be subject to all Special meeting criteria outlined above.
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/or
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
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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.
i) During the year of a municipal election the Committees meeting schedule
may be altered or meetings may be cancelled by the Clerk and Chief
Administrative Office in consultation with the Mayor.
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 or electronically 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.
c) Members of Council are required to inform the Clerk's Office and fellow
members of any anticipated absences from meetings.
d) Members of Council are required to inform the Clerk's Office of
their intention to attend any meeting via electronic means.
e) Members of Council are required to inform the Clerk's Office and IT
Support Services if they are out of the Country and planning on attending
any meeting via electronic means.
f) When attending any meeting by electronic means Members of Council are
required to do so with video camera in use.
g) When attending a Closed Session meeting by electronic means Members
of Council are to do so from a location that is as secure as the Council
Chambers.
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 or
electronically 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 call the roll and 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
a) Attendance shall be in person or electronically for Members of Council,
Committee or Local Boards. Electronic participation is permitted for
Members of Council, Committee or Local Boards.
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b) 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.
c) Electronic Meeting Participation
That while every effort shall be made by members to attend meetings
physically in person, during the following circumstances members may
participate remotely in a meeting to the extent and in the manner set out in
this By-law:
(i) It is not safe or possible to attend an in person meeting due to a
natural weather event (inclement weather);
(ii) Health and safety restrictions as determined by the Chief
Administrative Officer in consultation with the Head of Council;
(iii) Restrictions, guidelines or recommendations set out by the Simcoe
Muskoka District Health Unit, the Ontario Provincial Police or the
Province of Ontario;
(iv) The activation of the Emergency Control Group or a declared
emergency by any level of government;
(v) Illness or disability;
(vi) Need to care for a sick family member that makes in person
attendance difficult; or
(vii) Trip/vacation that may make in person attendance difficult.
d) In accordance with the criteria set out in 4.3.1 above, a member of
Council, local board or committee may participate fully in a meeting by
electronic means (via teleconference or video conference). This applies to
regular, special, emergency and closed sessions of Council and meetings
of local boards and committees and Public Meetings under the Planning
Act or other Provincial legislation.
e) Electronic participation shall mean participation by teleconference or video
conference.
f) Electronic participation by members of Council, Local Boards and
Committees shall count towards quorum in accordance with section
238(3.3)(a) of the Municipal Act, 2001, as amended.
g) Members of Council, Local Boards and Committees shall be permitted to
participate electronically in a meeting that is open or closed "in camera" to
the public in accordance with section 238(3.3)(b) of the Municipal Act,
2001, as amended.
h) Votes cast by members of Council, Local Boards and Committees
electronically shall be counted towards the overall decision by show of
vote cards or show of hands or verbal means.
i) In the case that members of Council participate electronically in closed
sessions, all members must attest to the fact that they recognize they will
be in a closed session and are able to ensure confidentiality.
j) In the event of technical failure during the meeting, Council, the local
board or committee may take a recess to allow staff to reinstate the
electronic participation. If a member can no longer participate by electronic
means, it will not affect the validity of the meeting or decisions made.
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k) Any member of Council participating remotely shall notify the Clerk, via
email, as soon as possible in advance of the meeting.
I) Members participating via video conference, shall have webcams turned
on.
m) When participating via video or telephone, all microphones should be
muted unless the Member is speaking.
n) Any Members participating via video conference or telephone shall
announce their leaving and disconnect if they wish to leave the meeting
prior to adjournment. If leaving the meeting for a personal break, a
member shall announce their leaving and turn off audio and video prior to
leaving the meeting.
o) Members are responsible for ensuring that there is no background noise
at their location that would interfere with the meeting and for muting their
device when they are not speaking.
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.
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");
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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:
i) 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;
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.
c) Confidentiality
Members shall ensure that confidential matters disclosed to them during
Closed Session are kept confidential.
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.
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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.
I) To authenticate, by affixing either electronically or manually his/her
signature when necessary, to all by-laws (if applicable), and minutes of the
Council/Committee.
m) To represent and support the Council/Committee, declaring its decision on
all business matters.
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.
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 (15)
minutes after the time appointed for the meeting, the Deputy Mayor shall
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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.
e) The seat of a member of Council 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.
f) If that member is prepared to show just cause why they should remain on
the Council, the continuation of their appointment shall be determined by
Council.
g)
Members of Council are required to inform the Clerk's office of any
anticipated, but unavoidable, absences from meetings
7.0 Chair — Committees or Technical Support Groups of Council
a) With the exception of the Development Services Committee, the Chair of a
Committee or Technical Support Group of Council shall be appointed by a
majority vote of its members.
b) The Deputy Mayor shall Chair the Development Services Committee,
c)In the absence of the Deputy Mayor, the Mayor or Alternate shall Chair the
Development Services Meetings.
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.
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.
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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)
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) upon the declaration of a pecuniary interest, the member shall record
his/her declaration as part of the Council Conflict Registry within twenty-
four (24) hours after the declaration.
j)
convey the position of Council once a question has been decided,
including when a Member had a minority opinion, while demonstrating
respect for democracy.
k) adhere to a dress code for Council Meetings as agreed to by the current
term of Council.
I) adhere to POL-ADM-24 Code of Conduct for Members of Township
Council and the Township's Local Boards
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.
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
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a) All Members of Committees or Technical Support Groups of Council shall:
i) 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.
x) Adhere to POL-ADM-24 Code of Conduct for Members of Township Council
and the Township's Local Boards
Consequences for Violations of Conduct
All reports of incidents shall be considered serious, will be investigated and appropriate
action will be taken and where deemed necessary may be processed through the
Township's Integrity Commissioner. A report with recommendations, if required, shall
be provided by the Integrity Commissioner for Council's consideration..
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.
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.
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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 Our Reigning Sovereign 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 on any subject other than 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 participate in a meeting by in person or 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.
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.
Upon verbal notification by the Chair of their intention to enforce the
following time limits, no Member shall speak to the same question for
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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.
10.0 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.
11.0 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.
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
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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 voting card or 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.
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
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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) A motion in respect of a matter which is beyond the jurisdiction of Council
shall not be in order.
d) A Member shall speak to a motion in accordance with Section 9.3 — Rules
of Debate — In Council/Committee.
e) Motions relating to an item under consideration shall be voted on in the
following order (each matter or motion takes precedence over those that fall
below it in the list):
i) a motion to adjourn;
ii) a motion to recess; (for an extended period of time beyond one hour)
iii) a motion to call the question (call the vote);
iv) a motion to defer (postpone);
v) a motion to refer;
vi) a motion to amend;
vii) the main motion.
f) If one of the above motions is pending, any motion listed above it is in
order. Those listed below it are not in order.
12.2 Motion to Adjourn
A motion to adjourn is used to bring the proceedings to a close. A motion to adjourn
takes precedence over any other motion;
• requires a seconder;
• is not amendable;
• is not debatable;
• is always in order, except:
o when another Member is in possession of the floor;
o when a vote has been called;
o when the Members are voting;
o when a Member has indicated to the Chair his or her desire to speak on the
matter before Council.
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When a motion to adjourn has been decided in the negative, no further motion to
adjourn shall be made until Council has conducted further proceedings.
12.3 Motion to Recess
A motion to recess is intended to provide for an intermission in the meeting's
proceedings which does not close the meeting; after which business will be resumed at
exactly the point where it was interrupted.
A motion to Recess:
• requires a seconder;
• is not in order when another Member is in possession of the floor;
• is not debatable;
• shall specify the length of the recess;
• may only be amended with respect to the length of the recess.
Please note for the purposes of this by-law a motion to recess will only pertain to breaks
longer than one (1) hour. Short intermittent breaks will not require a motion to recess.
12.4 Motion to Call the Question (Call the Vote)
A motion to call the question enables immediate closure of debate. Such motion shall
not be put until all speakers who have indicated a desire to speak as listed by the Chair
have spoken and the mover has had the opportunity to reply. A motion to call the
question:
• does not require a seconder;
• is not in order when another Member is speaking;
• is not allowable in meetings of Committee;
• is not debatable, except to provide the reasons for moving the motion;
• is not amendable;
• cannot be made when there is an amendment to a main motion under consideration.
Upon receiving an affirmative vote on the motion to 'call the question', the main motion
under debate is to be put forward without any further debate. A Member who moves a
motion to 'call the question' shall not be allowed to speak to the question again if the
motion is decided in the negative.
12.5 Motion to Defer (Postpone)
i) A motion to defer (or Postpone Definitely) is a motion by which action relating to a
pending motion may be put off, within limits, to a definite day, meeting, or hour, or until
after a certain event has occurred.
ii) A motion to defer is always in order, except when a Member is speaking; during a
vote; or immediately following the affirmative vote on a motion to call the vote on a
question.
iii) A motion to defer:
• requires a seconder;
• is not amendable;
• is not debatable;
• may be made while the main motion or an amendment is on the floor and takes
precedence;
• shall specify a date or time period within which, consideration of the matter is to be
deferred.
12.6 Motion to Refer
A motion to refer is a motion by which a matter, action or a pending motion can be sent
or directed to a committee, other body or staff named in the motion, to report back to
Council or Committee.
A motion to refer:
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• requires a seconder;
• is not in order when another Member has possession of the floor;
• is debatable provided that comments are confined to the merits of referring and the
instructions included; debate with regard to the main motion is not permitted;
• is amendable with respect to the Committee or other body to which the matter is to be
referred and the instructions to that Committee or other body;
• shall take precedence over all amendments or debate of the original motion until it is
decided.
A motion to refer a matter shall indicate the Committee, body or official to whom the
matter is to be referred and may contain instructions as to the time period in which the
matter is to be brought back.
12.7 Motion to Amend
i) A motion to amend the main question is intended to perfect the main motion.
Amendments can be done in four ways:
(1) striking out words,
(2) inserting words
(3) striking out and inserting words,
(4) substituting one main motion for another.
A motion to amend:
• requires a seconder;
• is not in order when another Member is in possession of the floor;
• is debatable;
• is amendable, however, an amendment to the amendment (secondary
amendment) is not;
• must be relevant to the main motion;
• shall not be in order if it is contrary to or in direct opposition to the main motion.
ii) Only one motion to amend a main motion (primary amendment) shall be on the
floor at any one time.
iii) Only one motion to amend an amendment (secondary amendment) shall be on the
floor at any one time.
iv) A secondary amendment cannot be amended and must be relevant to the primary
amendment.
v) Voting on a main motion which has been amended shall be conducted in the
following order:
• vote on the secondary amendment (motion to amend the amendment)
• vote on the primary amendment if or as amended (motion that amends the main
motion)
• vote on main motion (as amended)
12.8 Main Motion
A main motion means a proposal that has been moved by a Member and seconded by
a Member and presented in accordance with this By-law to deal with a matter before
Council or Committee.
A main motion:
• requires a seconder;
• has the lowest rank;
• is amendable; and
• is debatable
12.9 Substantive Motion
i) An amendment shall be out of order if it is ruled by the Chair to be a substantive
(new) motion and not an amendment
12.10 Motions without Ranking
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Motions which are incidental to the business at hand do not have a ranking and may be
introduced as provided for in this By-law. Incidental motions are as follows:
a) Point of Order or Point of Personal Privilege
b) Appeal the Decision
c) Divide the Question
d) Withdrawal of Motion
e) Suspension of the Rules
12.11 Point of Order
i) Point of Order motion refers to a question raised by a Member with a view
to calling to the attention of the Chair and the Members, a departure from
this By- law or the rules, procedures and/or generally accepted practices of
Council.
ii) A Point of Order is to be raised immediately upon being noted by a
Member. If the point is not brought up in a timely fashion, it may only be
brought up if the breach of the rules persists.
iii) A Point of Order motion;
• takes precedence over any pending question out of which it may arise;
• does not require a seconder;
• can be applied to any breach of the rules;
• is in order when another Member has the floor;
12.12 Point of Personal Privilege
i) Points of Privilege or Personal Privilege refer to questions raised by a
Member where they consider a statement by a Member to impugn the
integrity of the Council (Privilege) or their own integrity (Personal Privilege)
or that of staff (Privilege). When a point of privilege is raised, it shall be
considered and decided by the Chair immediately. The decision of the
Chair on a point of privilege may be appealed to Council as outlined below
in this By-law.
a) Chair's Ruling:
i) The Chair has the authority to rule on a Point of Order, Point of
Privilege or Personal privilege. When a Member rises on a point of
order, the Member shall ask permission of the Chair to raise the point
of order and after permission is granted, the Member shall state the
point of order to the Chair and then remain silent until the Chair has
ruled upon the point.
ii) No further business shall be conducted until the Chair has decided
and stated the point of order.
iii) The Chair's ruling is final unless appealed.
iv) If it is the Chair who rises on a Point of Order, Privilege or Personal
Privilege and there is a disagreement on the Chair's ruling by a
Member the matter moves directly to Appeal.
b) Appeal of the Ruling:
i) Where any Member disagrees with the ruling of the Chair, the
Member may appeal the ruling. In this instance, the Member would
state, without being recognized by the Chair, that the decision of
the Chair is appealed. The Chair may ask for discussion, with the
Member putting forth the appeal having the right to speak first.
When discussion is complete, the Chair shall call a vote on the
question of upholding the ruling of the Chair. The Chair shall have
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the opportunity to provide further explanation of the ruling prior to
calling the vote.
ii) The ruling of the Chair shall be upheld by a majority vote of the
members present.
iii) Council's decision is final in the case of an appeal.
12.13 Motion to Divide the Question
i) A motion to divide the question pertains to a request that a motion be
divided into parts, which are capable of standing alone, so they may be
voted on separately. Such a request may be due to a conflict or pecuniary
interest by a Member.
ii) When a motion under consideration contains distinct propositions that are
capable of standing as a complete proposition if the others are removed,
the parts can be separated, to be considered and voted on as if they were
distinct questions, upon the adoption of a motion to divide the question
and provided that a recorded vote has not previously been called.
iii) A motion to divide the question:
• requires a seconder;
• is in order when another Member has the floor;
• is not amendable; and
• is not debatable.
12.14 Withdrawal of Motions
i) After a Motion has been read or stated by the Chair, it shall be deemed
to be in the possession of Council, but may, with the permission of
Council, be withdrawn by the originator at any time before a decision or
amendment. A motion successfully withdrawn is as though it had never
been made and is not reflected in the record of the proceedings.
12.15 Motion to Suspend the Rules of Procedure
i) A motion to suspend the rules is used when Council wishes to do
something during a meeting that would interfere with one or more of its
regular rules. In such a case, a motion can be adopted to Suspend the
Rules, provided that such suspension does not conflict with this or any
other Township by-laws, or any other statute prescribing rules of
procedure applicable to Township Council.
A motion to suspend the rules:
• requires a seconder
• is not amendable
• is not debatable
• requires a 2/3 majority vote
12.16 Motion to Reconsider
a) A previous decision of Council made earlier in a meeting:
i) may be presented at any time prior to the adjournment of the Meeting by
any Member who voted on the prevailing side when the decision was
made;
ii) May not be applied to a decision to postpone indefinitely; and
iii) Requires an affirmative vote of the Majority of the members present
b) A motion to reconsider a decision of Council made at a previous meeting:
i) may only be introduced by a member who was present at the meeting
when the decision was made and voted on the prevailing side, or who was
not at the meeting when the decision was made;
ii) shall require a two-thirds vote of the members present at the meeting
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c) The mover of the Motion to Reconsider will specify whether the Reconsideration
will address the entire original decision of Council or part of the original decision
of Council.
d) No discussion, except that obtaining information that justifies the reconsideration,
shall be allowed until the motion for reconsideration is decided upon.
e) Where the Motion to Reconsider is approved, reconsideration will become the
next order of business unless the Motion to Reconsider includes direction to
postpone reconsideration to a definitive date.
f) No main motion may be reconsidered more than once during a term of Council,
and may only be reconsidered if action has not yet been taken.
Should a motion to reconsider be defeated, the original motion or decision to be
reconsidered shall not be debated or voted upon until eligible under this By-law.
g)
13.0 Agendas
13.1 Council Agenda
a) 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.
b) Notwithstanding the Order of the Day, the Clerk has the authority to
arrange or omit headings as may be required to address the items of the
agenda.
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 or staff 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.
e) 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.
f) When the Clerk's office has not been advised in a timely manner 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.
g)
Written comments received from the public, addressed to Mayor and
Members of Council, received by the Clerk's office by 3:00 p.m. on the
business day prior to the scheduled meeting, pertaining to an item on the
current upcoming Council agenda shall be forwarded directly to Council, in
its original form, for their consideration, as the governing body and
decision -makers of the municipality. A copy shall be filed with the
Township as part of the public record and an automatic receipt response
will be provided to the sender.
h) 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. CaII to Order
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/Presentations
9. Identification from the Public of an Agenda Item of Interest.
10. Open Forum
11. Reports of Municipal Officers for Action
a) for Action
b) for Information Only
12. Reports of Members of Council
13. Announcements
14. Consent Agenda
15. Communications/Petitions
16. Notice of Motions
17. By-laws
18. Closed Session Items (Unfinished Items)
19. Confirmation By-law
20. 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 or staff 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 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 manner 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) Written comments related to an Agenda item when the comments are
received by the Clerk's office by 3:00 p.m. on the business day prior to the
scheduled meeting will be forwarded, in its initial form, to Council for their
consideration, as the governing body and decision -makers of the
municipality. A copy shall be filed with the Township as part of the public
record and an automatic receipt response will be provided to the sender.
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.
14.0 Agenda Section Headings
14.1 Call to Order
a) 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.
b) Land Acknowledgement
The Township of Oro-Medonte acknowledges that we are situated on the
traditional land of the Anishnaabek (A- nish- in- aa- beh) people, and
ancestral territory of the Huron-Wendat. The Anishnaabek include the
Odawa [Oh-DAH-wah], Ojibwe [0-jib-we] and Pottawatomi [boh-tah-WAH-
toh-mee] nations, collectively known as the Three Fires Confederacy. It
continues today as the home for diverse Indigenous Peoples including the
historic Metis Community in Penetanguishene.
The Anishnaabek people continue to have an enduring relationship with
this land, specifically the Chippewas of Rama First Nation, the Chippewa
Tri-Council and the Williams Treaties First Nations. The Huron-Wendat
Nation also continues to pay respect and protect their ancestors and
heritage on this land. We honour the Indigenous history and culture that
has thrived for millennia in this territory and the Treaties that bind us
together as partners in the spirit of a shared sustainable and prosperous
future. We are all Treaty People. Our commitment begins with
acknowledging the Truth so that we can move forward together towards
Reconciliation.
c) Moment of Reflection
At the discretion of the Chair a Moment of Reflection may also be
introduced to address significant events.
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
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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.
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 will physically or electronically leave the open meeting until the matter
has been dealt with. Electronically leaving an Open Meeting shall mean
that the Member will turn off their video stream. In such circumstances the
recused Member will be called back to the meeting by the Chair or a
person delegated by the Chair."
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;
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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.
If there are multiple minutes listed, they shall be the subject of one motion,
unless a separate vote is required by a member of Council or deemed
appropriate by the Clerk.
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.
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 shall be digitally recorded, and such recording shall be
available to the public through the Township website.
e) Written comments related to a Public Meeting or Public Hearing, held in
accordance with the Planning Act, when the comments are received by
the Township will be forwarded, in its initial form, to the Development
Services Committee/Council for their consideration, as the governing body
and decision -makers of the municipality. A copy shall be filed with the
Township as part of the public record and an automatic receipt response
will be provided to the sender. Any information contained in a written
submission, including contact information, will become part of the public
record.
14.8 Deputations/Presentations
a) Individuals or Groups 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. ten (10) calendar days
prior to the preferred meeting, stating the purpose of the Deputation.
Deputations must confine their remarks to the business stated in the
prescribed form to the Clerk. If the individual(s)/group requesting the
deputation is unable to present and would like an alternate individual to
present on their behalf, they may do so but a written authorization is
required to be submitted to staff prior to the start of the meeting and
before the deputation commences. Notwithstanding subsection (e) below
this individual who has presented on their behalf continues to be entitled
to their ability for one deputation in a calendar year.
b) 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
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Transparency Policy.
c) Individuals representing an agency, in partnership with or a consultant for
the Municipality, may request (or be requested) to present information at a
Council meeting. Notice shall be provided to the Clerk no later than ten
(10) business days prior to the meeting and include the information to be
presented.
d) Presentations may include the Township receiving and/or presenting an
award, certificate, cheque, etc.
e) Any individual/group/organization shall be limited to one (1) deputation in
a calendar year on the same subject matter, not including presentations
requested by Council or staff.
f) If an individual/organization has additional information to provide to
Council/ Committee on the matter, they may provide written
correspondence to the Clerk to be placed on the next regular scheduled
Council agenda or, at the discretion of the Clerk, placed on a future
agenda where the matter will be debated by members.
g) Council/Committee will entertain up to three (3) Deputations/Presentations
per meeting.
h) Deputations shall be limited in speaking to not more than ten (10) minutes.
i) 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.
j) Upon consent of the majority of Members present, the ten (10) minute
time limit for Deputations may be extended.
k) Individuals/Groups requesting to appear before Council/Committee shall
be advised of the time limitation in advance of their Deputation.
I) 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. All
deputation materials must be provided in an electronic format to the Clerk
at the time of submitting the deputation request form to the Clerk.
m) The Chair may expel or exclude from the meeting, any individual who in
the opinion of the Chair, has behaved improperly.
n) 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.
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. Council may not respond to a deputation
during the meeting at which it occurs. All deputations shall either be
received for information, or shall be received for information and request
for further information from staff.
p)
Deputations will not be permitted on items that shall be or have been the
subject of a scheduled public meeting pursuant to the Planning Act or
other relevant legislation. Persons should present their concerns and
opinions at the scheduled public meeting where their comments can be
considered along with all other submissions. Deputations to Council after
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considered along with all other submissions. Deputations to Council after
the Public Meeting has been completed and before Council has made its
determination will not be permitted.
q) Notwithstanding (p) above, persons may speak to an item that has been
the subject of a Public Meeting during the Open Forum portion of a
Council meeting where the item is included on the agenda.
r) Scheduling shall be at the discretion of the Clerk and may include
consultation with the Head of Council, CAO and appropriate Director.
s) 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.
t) No person will be permitted to address Council relating to any litigation
matters with respect to the Municipality.
u) For Emergency Council meetings or Public Meetings the Clerk/designate will
authorize all deputation requests to ensure they are related to agenda items
for the meeting.
14.9 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.
14.10 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 affirm they are a resident of the Township,
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;
• Public attendance to Electronic Meetings in accordance with the
circumstances outlined in the Procedural By-law, as amended may be
restricted to electronic means and will be indicated on the meeting agenda.
• Depending on circumstances, an Electronic Meeting may not permit an in-
person Open Forum or deputations, but will permit electronic submissions
received in advance of the meeting. Open forum registration requests shall
be submitted to the Clerk's Department at Request for Public Participation
Form no later than 3:00 p.m. the day prior to the electronic meeting or as
otherwise noted on the agenda.
• The following matters will not be permitted during Open Forum:
o Comments/complaints against Members of Council or Township staff;
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o Matters beyond the jurisdiction of Council or the Township;
o 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;
o 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.
o Continued participation by the same individual in Open Forum pertaining
to the same matter unless the participant has new information to provide.
o Any comment or matter that runs in violation of a protection as set out in
the Canadian Charter of Rights and Freedoms.
• 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.
14.11 Reports of Municipal Officers
(a) Reports of Municipal Officers for Action
Staff reports for action includes matters for Council/Committee consideration
that requires action or direction. These reports are brought forward by
Township staff, including Township hired consultants and the Township's
appointed auditor.
(b) Reports of Municipal Officers for Information Only
Staff reports for information includes matters for Council/ Committee that are
being provided for informational purposes only and do not require a decision.
These reports are brought forward by Township staff, including Township
hired consultants and the Township's appointed auditor. All staff reports for
information 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 or
at the discretion of the Clerk.
14.12 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.
b) Reports seeking direction from fellow Members of Council;
must follow the submission timelines consistent with staff generated reports
and include the following sections: background, analysis,
financial/legal/impact/risk, alignment with corporate goals and summary.
14.13 Announcements
The Chair may call on members to state items related to events that are taking
place within their ward/municipality, i.e., community events and/or Major events
i.e. golf tournament, etc. The member of Council may state the event noting
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date/time. There is no discussion/debate and any Announcements will not form
part of the minutes of the meeting.
14.14 Consent Agenda
Consent Agenda includes correspondence received from Federal, Provincial and
Regional levels of Government and agencies, resolutions from other
municipalities, associations, municipal partners/stakeholders, businesses, etc.,
that appear 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. Petitions that relate to a matter listed on an agenda shall be
submitted to the Clerk by 3:00 p.m. on the business day prior to the
scheduled meeting.
ii. Petitions not relating to a matter on an agenda but requested for a
subsequent agenda must be filed with the Clerk by 9:00 a.m. ten
(10) calendar days prior to the preferred meeting.
ii) The petition must be addressed to the Township and request a
particular action within the authority of Council;
iii) Petitions must be legible, typewritten or printed in pen (no pencil);
iv) The individual or group initiating the petition, or submitting the
petition to the Clerk, must provide a key contact name, mailing
address, and telephone contact information.
v) For multiple page petitions, the text of the petition must be listed at
the top of each page, so that each petitioner is aware of what they
are signing or affixing their name to. Pages should be numbered
and total number of pages indicated;
vi) The petition must be appropriate and respectful in tone, and must
not contain any improper or offensive language or information;
vii) Each petitioner must sign or affix their own name. A paper petition
must contain original or digital signatures, provided directly on the
petition;
viii) Each petitioner must provide his or her full address;
ix) For electronic petitions, petitioners must provide name, address
and a valid e-mail address; and
x) 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.
xi) Staff may prepare recommendations related to the matter for
Council's consideration.
xii) The Township is not accountable for the accuracy or reliability of
petitions that are submitted.
b) Communications designed to be presented to Council/Committee shall be
filed with the Clerk by 9:00 a.m. ten (10) business days prior to the
scheduled meeting and must meet the following requirements:
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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, as described in 1.0 g) Definitions above, addressed to
Mayor and Members of Council that require staff input or require report
back direction from Council, may be placed on a Council agenda for
disposition, at the Clerk's discretion, in consultation with the Head of
Council and Chief Administrative Officer or their designate.
d) Every communication or petition, to be printed on an agenda, shall be
delivered to the Clerk no later than 9:00 a.m. 10 calendar days prior to the
meeting. If, in the Clerk's opinion, the petition is of a time sensitive nature,
the Clerk may bring forward such 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) Shall be provided in writing to the Clerk no later than 8:30 a.m. eight (8)
business days in advance of the date of the regular meeting at which the
Notice of Motion is to be introduced;
b) The Clerk, upon receipt of the Notice of Motion shall include the
motion in its entirety into the next regular Council meeting agenda.
c) A Notice of Motion shall not be discussed, considered or otherwise
disposed of by Council at the regular meeting at which the notice is first
introduced or printed in the agenda, but may be discussed, considered or
otherwise disposed of at the next regular or subsequent meeting of
Council provided the mover of the motion is in attendance at the meeting.
d) Notwithstanding a Motion to Reconsider, A motion by a Member to
rescind or amend a motion previously adopted shall also be
undertaken as a Notice of Motion.
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 department with whom the responsibility and expertise lies.
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.
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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,
that does not change the intent of the by-law, 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.
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 Land
Tribunal 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 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 Tess shall be deemed to be a "half day" in
accordance with the Township's Remuneration By -Law.
15.0 Technical Interruption(s)/Failure
a) In the event of a Township connection/service interruption with the
electronic meeting or a question as to the performance of the meeting
technology impacting the meeting, the Chair may recess the meeting to
confirm the electronic format is performing effectively before proceeding
with the meeting.
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b) In the event of technical difficulties/failure during the meeting that cannot
be resolved, the Chair may unilaterally adjourn the meeting after thirty (30)
minutes of the technical failure.
c) A subsequent meeting to deal with those items not dealt with shall be
scheduled as soon as possible thereafter. Notice of the disruption shall be
noted in the minutes of the meeting.
d) Township Staff shall ensure, to the best of their ability, that the video
conference is available to members of the public and other stake holders
via the Township's YouTube channel or similar streaming platform.
e) In the event a member is attending remotely and connection or service
disruption occurs, the Chair may recess the meeting to allow for attempts
to reconnect the Member to the meeting; however, it is the Members' duty
to ensure that their equipment and technology are set up and operational
in advance of the meeting. After fifteen (15) minutes of not connecting,
the meeting shall resume and no further efforts will be made to connect
the Member. Council members shall provide staff with the telephone
number(s) to best reach them in the event of disconnection or failure to
connect to the meeting.
16.0 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 provided in writing on a meeting agenda
of Council. The waiving of this notice by the Council is prohibited.