68-2023 | Procedural By-law

THE CORPORATION OF THE TOWNSHIP OF PERTH EAST

By-law Number 68-2023

Being a By-law to establish a policy to govern the calling, place and proceedings of the Council & Committees of the Corporation of the Township of Perth East and to provide Public Notice of meetings and to repeal By-law 15-2017

December 19, 2023

WHEREAS Section 238(2) of the Municipal Act, S.O. 2001, c. 25 as amended, requires every municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings;

AND WHEREAS Section 238(2.1) of the Municipal Act, S.O. 2001, c. 25 as amended, requires that the Procedural By-law shall provide for public notice of meetings;

AND WHEREAS the Council of The Corporation of the Township of Perth East deems it expedient to enact a new By-law to govern the calling, place and proceedings of the Council and to provide for public notice of meetings in accordance with the Act;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF PERTH EAST HEREBY ENACTS AS FOLLOWS:

1. SHORT TITLE

This By-law shall be cited as the “Council & Committee Procedure By-law”.

2. DEFINITIONS

In this By-law:

2.1 “Act” means the Municipal Act, 2001, as amended from time to time.

2.2 “Ad Hoc Committee” means a special purpose Committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council.

2.3 “Adjourn” means to end the meeting. This motion requires a second, is not debatable, is not amendable, requires a majority vote for adoption and cannot be reconsidered.

2.4 “Advisory Committee” means a Committee established by Council to advise on matters which Council has deemed appropriate for the Committee to consider.

2.5 “Chair” means the person presiding at a meeting whether it be the Head of Council, Acting Head of Council, Appointed member or Chairperson of any Committee.

2.6 “Chief Administrative Officer” means the Chief Administrative Officer (CAO) or designate of the Corporation of the Township of Perth East, appointed by By-law.

2.7 “Clerk” means the Clerk or designate of the Corporation of the Township of Perth East, appointed by By-law.

2.8 “Closed Session” means a meeting, or portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2001 and Section 6.6 of this By-law.

2.9 “Committee” means Ad Hoc, Advisory or Joint Committees which may be appointed by Council from time to time.

2.10 “Community Control Group” means the officials designated to control the emergency operations for the Corporation when it becomes necessary to activate the Emergency Response Plan.

2.11 “Confirmatory By-law” means a By-law of Council that adopts all resolutions passed at a Council meeting.

2.12 “Consent Agenda” means a grouping of items on a Council agenda that require no actions by Council other than receiving for information. The only time that an item should be removed from a consent agenda is if it is determined that an action, or decision is required, or significant further discussion is needed. Items to be included on a consent agenda may include, but are not limited to:

• Approval of Council minutes;
• Staff or Committee reports provided for information purposes only;
• Items of correspondence which may be discussed, but require no action on the part of Council;

2.13 “Corporation” means The Corporation of the Township of Perth East.

2.14 “Correspondence” includes, but is not limited to, the following: letter, memorandum, report, notice, electronic mail, facsimile, petition, etc., that may require an action or decision of Council or a Committee.

2.15 “Council” means the Council of the Corporation of the Township of Perth East.

2.16 “Councillor” means a person elected or appointed as a Member of Council.

2.17 “County” means the County of Perth.

2.18 “Defer” means 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.

2.19 “Delegation / Public Presentations / Other Presentations” means a person or group of persons who address Council or a Committee on behalf of an individual or a group for the purpose of making a presentation to Council or a Committee.

2.20 “Deputy Mayor” means the Member of Council who is duly elected under the Elections Act, by the general vote to represent the electors and the Corporation of the Township of Perth East; and to act in the absence of the Head of Council in accordance with this by-law.

2.21 “Electronic Means” shall mean participation in a meeting from a location other than that at which the meeting is physically being held by means of telephone, video or audio conferencing or other interactive method whereby members, staff and the public are able to hear the member(s) participating.”

2.22 “Electronic Meeting” shall mean a meeting where any member is not physically present but participates via electronic means of communication, adhering to legislative requirements”

2.23 “Electronic Signature”: The Electronic Commerce Act, 2000, S.O. 2000, c.17 (ECA) defines an electronic signature as “electronic information that a person creates or adopts in order to sign a document and that is in, attached to or associated with the document.”

2.24 “Head of Council” means the Mayor (or Deputy Mayor) and who shall preside at all meetings of the Council. See Section 9 and Section 10 for details on the role of the Head of Council.

2.25 “Joint Committee” means a Committee established by Council where members of the Committee are appointed by Council and any combination of the member or neighbouring municipalities as considered appropriate and may act in advisory or ad hoc nature.

2.26 “Lower Tier” means the Township of Perth East, Township of Perth South, Municipality of North Perth and the Municipality of West Perth.

2.27 “Majority” means more than half of the votes cast by members entitled to vote.

2.28 “Mayor” means the Head of Council who is duly elected under the Municipal Elections Act by the general vote as the Head of Council; and will represent the Corporation of the Township of Perth East and in accordance with Section 225 of the Municipal Act, 2001 is the Chief Executive Officer of the Corporation of the Township of Perth East.

2.29 “Meeting” means any regular, special or other meeting of council, of 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, local board or committee.

2.30 “Member” means a Member of Council or a Committee as defined in this By-law.

2.31 “Member Municipality” means the County of Perth, Township of Perth East, Township of Perth South, Municipality of North Perth and Municipality of West Perth.

2.32 “Minutes” means a record of the proceedings of Council or Committee, that includes the place, date, time, name of Chair, list of members in attendance, evidence of quorum. Minutes will record the actions taken and decisions made by members at the meeting without note or comment in accordance with Section 239(7) of the Municipal Act.

2.33 “Municipality” means the Corporation of the Township of Perth East.

2.34 “Pecuniary Interest” includes a direct or indirect financial interest of a member and a financial interest deemed to be that of a member, in accordance with Sections 2 and 3 of the Municipal Conflict of Interest Act, 1990.

2.35 “Quorum” means the minimum number of required members (fifty percent plus one of the membership) to be in attendance to conduct the business of the meeting and vote on any matter or question to achieve a simple majority.

2.36 “Recess” means a short break taken during a meeting and is of a duration established by the Chair.

2.37 “Recorded Vote” means the recording of the name and vote of every Member of Council or a Committee who is present when the vote is called on any matter of question.

2.38 “Recording Secretary” means the person appointed by the Clerk who performs the duties of the Clerk at Committee Meetings or at Council Meetings which the Clerk cannot attend.

2.39 “Refer” means to direct a matter under discussion by Council or Committee to a staff member(s) for further examination.

2.40 “Regular Meeting” means a scheduled meeting held in accordance with Section 6.3 of this By-law.

2.41 “Reports” means written documents by municipal employees, committees, consultants, solicitors or other individuals appointed at the pleasure of Council for the purpose of providing advice, alternatives and/or recommendations on various matters.

2.42 “Resolution” means a formal state of opinion or intention adopted by Council in accordance with these rules.

2.43 “Rules and Regulations” means the applicable regulations contained in this By-law.

2.44 “Workshop” means a meeting of Council where the purpose is for Council to discuss issues in an informal venue. With the exception of procedure matters, no Motions are passed, and no matter is discussed which advances the business of the Township.

3. AUTHORITY

The Municipal Act, 2001 provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted.

4. GENERAL PROVISIONS

4.1 The Rules and Regulations contained in this By-law shall be observed in all proceedings of the Council and shall be the Rules and Regulations for the order and dispatch of business in Council and Committees.

4.2 Any procedure under this By-law that is discretionary and not mandatory under statute may be suspended, by a 2/3 vote of all members present.

4.2.1 With the approval of the Head of Council and the consensus of Council, the Rules of Order may be temporarily suspended during a Council meeting in order to permit extended debate on a specific item of business.  Refer to Section 25.5.

4.3 In any case for which provision is not made in these Rules and Regulations, the procedure to be followed shall be as near as may be that followed in the most current edition Roberts Rules of Order.

5. COUNTY COUNCIL REPRESENTATIVE

5.1.1 The Mayor and the Deputy Mayor, by virtue of the Municipal Election, shall sit on County Council.

A third representative of Perth East Council shall be appointed for the four (4) year term of Council. The appointments will take place at the Inaugural Meeting of Council.

The third representative of Council to sit on County Council shall be appointed by the by the following process:

5.1.2 The appointment process shall be administered by the Clerk and/or any Corporation staff designated by the Clerk;

5.1.3 Councillors seeking to become the third representative of Council to sit on County Council shall declare to an open Council meeting their candidacy;

5.1.4 The election shall be cast by a secret ballot;

5.1.5 Each member of Council shall have one vote;

5.1.6 If there are more than two candidates seeking the position, the person receiving the lowest number of votes in the first vote, would be left out of the second vote;

5.1.7 When a candidate has received a majority of the votes, there will be no further voting;

5.1.8 That in the case of an equality of votes for the position, the successful candidate shall be determined by the Clerk or designated Corporation staff person by placing the names of the candidates on equal size pieces of paper in a box and one name being drawn by a person chosen by the Clerk;

5.1.9 The successful candidate shall be declared by the Clerk and confirmed by a resolution of Council.

6. MEETINGS

6.1 Location of Meetings

All meetings of the Council shall take place in the Council Chambers at 25 Mill Street East, Milverton Ontario. Notwithstanding the foregoing that meetings be held in the Council Chambers, the Council shall determine, at their discretion, other locations from time to time for meetings as deemed necessary.

6.2 Inaugural Meeting

6.2.1 Following a regular municipal election, the Inaugural Meeting shall be held on November 15th or the first Tuesday following November 15th at 7:00 pm in that year in the Council Chambers unless otherwise changed by the Council previous thereto.

6.2.2 In the case of inclement weather, the Inaugural Meeting shall be held on the first suitable day following, at the same hour.

6.2.3 The Inaugural Meeting shall be chaired by the Clerk.

6.2.4 The order of business for the Inaugural Meeting shall be as follows:

1. Call to Order
2. The Clerk to declare candidates as elected as a result of the municipal election
3. Oath of Office and Oath of Allegiance by each member of Council, commencing with the Mayor
4. Inaugural Address by the Mayor
5. Remarks of Candidates – 5 minute Time Limit Each
6. Greetings from invited Guests (if requested)
7. Adjournment

6.3 Regular Meeting

6.3.1 Regular meetings shall be held on the first and third Tuesday of each month and shall begin at 7:00 p.m. The schedule of meetings will be prepared by the Clerk and approved by Council.

6.3.2 The Council may, alter the date and/or time of a regular meeting provided that adequate notice of such change has been posted and/or published.

6.3.3 The Clerk, in consultation with the CAO and with the approval of the Head of Council, may cancel a meeting of Council when, in their opinion, there is sufficient cause to do so.

6.3.4 No meeting of Council is a properly constituted meeting unless the Clerk or his/her designate is present.

6.4 Special Meetings

6.4.1 The Head of Council may, at any time call a special meeting of Council or upon receipt of a petition of the majority of the Members of Council, the Clerk shall call a special meeting of Council for the purpose and at the time mentioned in the petition.

6.4.2 No business may be transacted at a special meeting other than that specified in the Notice or Agenda.

6.5 Emergency Meetings

6.5.1 In the event of an emergency or extraordinary situation as determined by the Head of Council, the Chief Administrative Officer, or the Clerk, a meeting may be held as soon as practical following receipt of a summons. The summons may be given by a manner as determined by the Clerk.

6.5.2 Alternative Location for Council Chambers would be determined depending on the type of emergency.

6.6 Closed Session – Council and Committees

All meetings of Council shall be open to the public except as provided for in Section 239 of the Municipal Act, S.O. 2001.

6.6.1 For purposes of this section, a meeting not open to the Public shall be called a “Closed Session”.

6.6.2 A meeting or part of a meeting may be closed to the public if the subject matter being considered is:

• The security of the property of the Corporation,
• Personal matters about an identifiable individual, including municipal or local board employees;
• A proposed or pending acquisition or disposal of land by the Corporation;
• Employee negotiations of labour relations;
• Litigation or potential litigation, including matters before administrative tribunals, affecting the Corporation;
• Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
• A matter in respect of which a Council, Board, Committee or other body may hold a closed meeting under another Act;
• 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;
• 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;
• 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;
• 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.

6.6.3 A meeting or part of a meeting shall be closed to the public if the subject matter being considered is,

• A request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or

• An ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman.

6.6.4 A meeting of the Council or Committee may be closed to the public if the following conditions are both satisfied:

• The meeting is held for the purpose of educating or training the members.
• At the meeting, 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.

6.6.5 The published agenda for Council or a Committee shall indicate the fact that a Closed Session meeting is required. The Agenda will provide as much detail as possible regarding the nature of business to be conducted in Closed Session without jeopardizing the intent of Section 239 of the Municipal Act, 2001.

6.6.6 Before holding a meeting or part of a meeting that is to be closed to the public, the Council or Committee shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or in the case of a meeting that is an educational or training session, the fact of the holding of the closed meeting, the general nature of its subject matter and that it is to be closed as an educational or training session.

6.6.7 A meeting shall not be closed to the public during the taking of a vote except when the meeting is for a purpose as outlined in Section 6.6.2 or 6.6.3 and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Corporation or persons retained by or under contract with the Corporation, including the investigation and deliberation regarding an alleged breach of the Council Code of Conduct.

6.6.8 The Mayor or Chair shall report at an open Meeting following the Closed Meeting and summarize actions taken. Any matters discussed in Closed Meeting requiring a decision of Council or Committee will be brought forward to an Open Meeting.

6.6.9 When a Closed Session is necessary, it will be a requirement that the minutes shall be prepared and approved at the next scheduled Closed Session.

6.6.10 The Clerk shall be responsible for maintaining a confidential copy of all original documentation distributed, relating to closed sessions, and for keeping confidential minutes of all closed sessions.

6.6.11 Subject to the provisions of this Section, Council may hear delegations in Closed Session.

6.6.12 It shall be the responsibility of Council, Committees and Staff to respect the confidentiality of all matters disclosed to them and materials provided to them during Closed Sessions that are required to be kept confidential.

6.6.13 The electronic recording of the proceedings of Council or a Committee Closed Session is strictly prohibited. Any person who is required to leave the Council Chambers or meeting room during the proceedings of Council or Committee Closed Session, must take all personal belongings with them.

6.7 Education and Training Sessions

6.7.1 The Council may decide, at a meeting open to the public, to convene an informal gathering of its members to receive and discuss information or advice of a general nature involving subject matters of interest to the members, at a time and place designated at that time by the Council.

6.7.2 The Council, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session is to be held.

6.7.3 An Education & Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not it is within the boundaries of the municipality or elsewhere.

6.7.4 All Members of Council respectively are entitled to attend the session, together with designated Staff or consultants retained by the municipality, but the Council, in deciding to convene the session, may decide to exclude the public therefrom.

6.7.5 No motion, resolution, by-law, debate, agreement in principle, consensus, report, recommendation, or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education & Training Session.

6.7.6 The Recording Secretary shall take notes describing in general terms each subject matter dealt with at the Education & Training Session.

6.7.7 The notes taken pursuant to 6.7.6 shall, after the conclusion of the session, be maintained as a public record under the control of the Clerk.

6.8 Committees

6.8.1 Special or Ad Hoc or Joint Committees may be established from time to time by Council to consider a specific matter.

6.8.2 All Committees shall report directly to Council.

6.8.3 The format of the agenda will be similar to that of Council (Section 16) but are permitted to remove certain sections on approval of the Clerk.

6.8.4 Council shall adopt a Terms of Reference for every Committee.

6.8.5 The Terms of Reference shall establish (at least) the following:

• The purpose, goal, authority and scope of the Committee;
• Member composition, numbers and method of appointing a Chair;
• The location, date, time and frequency of meetings;
• The staff responsible for providing support, advise and expertise to the Committee;
• That the staff shall ensure that all recommendations to Council by the Committee are brought forward to Council in a timely fashion for consideration;
• That the Chairperson and staff shall, at the direction of the Committee and or Council facilitate clear communication of information between Council and the Committee;
• A Recording Secretary for the Committee;
• That the minutes of a Committee shall be circulated to Council via the regular Council Agenda. Council shall receive the minutes for information purposes only, as any recommendation of a Committee shall be brought forward to Council in a separate report by the staff;
• A Committee Chair may cancel a meeting if he or she determines that there is insufficient items for consideration by the Committee;
• The rules and regulations contained in this By-law, with necessary modifications, shall be observed in all proceedings of the Committee for the order and conduct of business therein;
• That Council shall dissolve a Committee, by resolution, when the purpose and goals have been met or at any other time when Council deems it appropriate.

6.8.6 Council may appoint representatives to serve on any outside Board or Committee, or any other body to which Council is required or empowered to appoint a representative. Appointments to such Boards/Committees may be a Member of Council or may be a person appointed from amongst its ratepayers and staff.

6.8.7 At the first Regular Meeting, Council shall:

• Appoint members of Council to various Committees and boards for a term as outlined by resolution.
• Appoint non-Council members to Committees and Boards for a term as outlined by resolution.

6.9 Electronic Meeting

Subject to the provisions of the Municipal Act, 2001, S.O. 2001, c.25, as amended, and/or current legislation, the Township of Perth East shall allow electronic participation for any special, emergency and regular Council meetings and Committee meetings. Members participating in open meetings are subject to the follow conditions:

6.9.1 Electronic participation must be done via approved communications technology that allows the Member to participate either through an audio or audio/visual interface.

6.9.2 Requests for participation in a meeting by electronic means must be made to the Clerk or Recording Secretary in writing no later than noon the day prior to the meeting, unless otherwise approved by the Head of Council or the Chair.

6.9.3 The following practices shall be followed by a Member participating in a meeting by Electronic Means:

• The Member participating by Electronic Means will mute his or her electronic device when he or she is not speaking.
• The Chair will canvass the Member participating by Electronic Means about their intention to speak to a matter on the floor and will notify the Member when it is his or her turn to speak.
• After putting a motion to a vote, the Member participating by Electronic Means will be required to identify verbally how he or she wishes to vote.
• A Member participating by Electronic Means shall inform the Chair about his or her intentions to leave the meeting either on a temporary or permanent basis.
• A Member participating by Electronic Means will be deemed to have left the meeting when they are no longer electronically connected to the meeting.
• In the case of a loss of connection, or any connection issue which impedes the ability of a Member to participate in the meeting in real time, the meeting will continue unless the loss of the member results in a loss of quorum.

6.10 Workshops

The Mayor and/or CAO may convene a Workshop for Members of Council for the purpose of educating or training, for providing the Members with information and/or advice, or to solicit input from the Members. With the exception of procedural matters, no Motions are passed and no decisions are made at Workshops. Workshops are generally not livestreamed.

7. NOTICE OF MEETINGS

7.1 Notice for Regular Council Meetings:

7.1.1 Prior to the first meeting in each calendar year, the Council shall establish a schedule of all regular Council meeting dates for such calendar year. The schedule shall include the date, time and location of the meetings and shall be posted on the municipal website at the beginning of each year. The meeting schedule is subject to change as necessary;

7.1.2 Notwithstanding the above, the published agenda shall be considered as adequate notice of Regular Meetings of Council, except for meetings held on a day or at a time other than as provided for in this By-law. The Agenda shall include the date, time and place of commencement of the meeting;

7.1.3 The Clerk shall ensure that a copy of the Agenda for each Regular Council Meeting is distributed to council members no later than 4:30 p.m. on the Thursday preceding the scheduled meeting.

7.1.4 The Clerk shall ensure that a copy of the Agenda for each Regular Council Meeting is posted for public viewing on the municipal website no later than 4:30 p.m. on the Friday preceding the scheduled meeting.

7.2 Notice for Special Council Meetings:

7.2.1 The Clerk shall ensure that notice of each special meeting of Council is provided to each Member of Council at least twenty four (24) hours in advance of the said meeting or as soon as practicable. The Clerk shall provide notice of such meeting by posting for public viewing on the municipal website a copy of the Agenda for the special meeting and/or updating the meeting schedule that is posted on the municipal website.

7.3 Notice for Emergency Council Meetings:

7.3.1 The twenty four (24) hours notice required by Section 7.2 may be waived in the case of emergency or extraordinary situation, as may be determined by the Head of Council (or alternate);

7.3.2 An emergency meeting may be called by the Head of Council or in the absence of the Head, the Emergency Control Group or CAO;

7.3.3 In such case, the Clerk (or designate) shall attempt to advise the members of Council about the call of the emergency meeting as soon as possible and in the most expedient manner available;

7.3.4 Notice shall be posted on the Municipal website and/or public posting at the Municipal Office where possible;

7.3.5 Where proper notice was not possible due to the circumstances of the emergency, the Clerk will endeavor to make the fact of the meeting public as soon as possible after the meeting has taken place.

7.4 Notice for Committee Meetings:

7.4.1 Notice of meetings indicating the date, time and location for Committee meeting shall be posted on the Municipal website by 4:30 p.m. on the Friday prior to the meeting. All other requirements for notice indicated in this by-law shall be adhered to by the Committee.

7.5 Lack of receipt of the notice by any member shall not affect the validity of holding the meeting nor any action taken at the meeting.

7.6 The business of a meeting shall be taken upon the order in which it stands in the Agenda, unless otherwise decided by Council or the Committee.

7.7 The notice requirements set out in this by-law are minimum requirements only, and the Clerk may give notice in an extended manner if in the opinion of the Clerk, the extended manner is reasonable and necessary in the circumstances.

7.8 Cancelling of Meetings – Inclement Weather

In the event that weather, road or other conditions beyond the control of Council prevent the holding of any Regular, Special, Ad Hoc Committee or Inaugural meeting, at the time established by this by-law, the said meeting may be held electronically. If the meeting is unable to be held electronically, the said meeting shall be held at the same time on the next following day. The postponement may continue from day to day until such time as the condition preventing the holding of the meeting has passed.

Meetings may be cancelled or adjourned taking any of the following into consideration:

• Winter road closures by OPP, County or Lower Tier Public Works Departments
• County or Lower Tier Public Works crews have stopped plowing roads for a specified period of time
• Public Works crews have advised administration of hazardous road conditions
• Radio public service announcements are advising of cancellations in the area
• School bus cancellations
• Weather warnings by Environment Canada
• Ministry of Transportation road condition advisory
• Members of Council or staff report hazardous travelling conditions

Consultation will take place between the Mayor, CAO & Clerk regarding the meeting cancellations. The final decision will be made by the Mayor.

7.9 Notice of Cancelled Meeting

Where a meeting has been cancelled for any reason, Notice of the cancelled meeting shall be in the same form as notice for the meeting was made. In the case of a Council meeting, the Clerk (or designate) shall be responsible for giving notice. In the case of a Committee the Recording Secretary is responsible for giving notice.

Every effort will be made to notify all members of Council or the Committee and members of the public who have identified that they plan to attend.

The Clerk or the Recording Secretary shall provide notice of cancellation to Council, staff, the local media and all other interested parties as soon as possible in advance of the meeting.

7.10 Postponement of Meetings

Any regular meeting of the Council or a Committee may be postponed to a day named in:

• A notice by the Head of Council or Committee Chair given through the Clerk’s Office and twenty-four (24) hours in advance of the regular meeting; or
• A resolution of Council or the Committee passed by the majority of the members.

Where a meeting has been postponed for any reason, Notice of the postponement shall be in the same form as the notice for the meeting was made. In the case of a Council meeting, the Clerk (or designate) shall be responsible for giving notice. In the case of a Committee the Recording Secretary is responsible for giving notice.

Every effort will be made to notify all members of Council or the Committee and members of the public who have identified that they plan to attend. The Clerk or Recording Secretary shall provide notice of postponement to Council, staff, the local media and all other interested parties as soon as possible in advance of the meeting.

8. CALLING OF MEETINGS TO ORDER AND QUORUM

8.1 The Head of Council or the Chair shall call the members to order as soon after the hour fixed for holding of the meeting and quorum is present.

8.2 A majority of all Members of Council or the Committee shall constitute a quorum and be necessary for the transaction of business.

8.3 If a quorum is not present fifteen (15) minutes after the time appointed for the commencement of the meeting, the Clerk, his/her designate or the Committee Recording Secretary may indicate that no quorum is present and record the names of those members in attendance and they shall adjourn to the appointed time for the next scheduled meeting.

8.4 Where the number of members who are unable to participate in a Council meeting by reason of the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, such that, at that meeting the remaining members are insufficient to constitute a quorum, the remaining members shall be deemed to constitute a quorum, provided such number is not less than four (4).

8.5 If during the course of a meeting, a quorum is lost, the Chair shall declare that the meeting shall stand recessed temporarily or be adjourned until the date of the next regular meeting or other meeting called in accordance with the provisions of this By-law.

8.6 If in the event of a declared emergency, Council is not able to achieve quorum then they may enact the use of the Emergency Governance Committee. (Refer to Section 13)

8.7 If members are not going to be in attendance or are going to be late for a meeting, they shall contact the office of the Clerk or the Committee’s Recording Secretary in advance of the meeting.

9. ROLE OF COUNCIL

9.1 It is the role of Council, per Section 224 of the Municipal Act, 2001, as amended:

a) to represent the public and to consider the well-being and interests of the municipality;

b) to develop and evaluate the policies and programs of the municipality;

c) to determine which services the municipality provides;

d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council;

e) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;

f) to maintain the financial integrity of the municipality; and

g) to carry out the duties of Council under this or any other Act.

9.2 Members of Council shall come prepared to every meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting.

9.3 Whenever possible, the Members shall make technical inquiries of staff regarding materials supplied in advance of the meeting.

9.4 Requests for substantive reports shall be by Council motion which shall identify the appropriate Department or Department Head and objectives of the report.

9.5 No member shall have the authority to direct or interfere with the performance of any work for the Corporation.

9.6 While in a Council or Committee meeting of any sort, Councillors and Committee members shall follow the following rules:

9.6.1 Members shall only speak when recognized by the Chair;

9.6.2 Members shall only speak respectfully of His Majesty The King or any member of the Royal Family, Governor-General, Lieutenant-Governor General or any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of Ontario;

9.6.3 Members shall not use indecent, offensive or insulting language in or against any Council or Councillor, staff, public or any other person. Further, no member will publish any derogatory or demeaning comment or opinion of Council, staff or member of the public;

9.6.4 Members shall only speak to the question in debate;

9.6.5 Members shall not debate any prior determination of the Council or Committee except to conclude such remarks with a motion to rescind or reconsider such determination;

9.6.6 Members shall not interrupt or disturb any member who has the floor except to raise a point of order;

9.6.7 Members shall not disturb a meeting by disorderly conduct or comments;

9.6.8 Members shall not leave their seat or make noise or cause a disturbance while a vote is being taken or until the result is declared;

9.6.9 Members shall not leave the meeting when he/she does not intend to return thereto without first advising the Chair;

9.6.10 Members shall abide by the rules of Council or the Committee, obey the decisions of the Council or Committee on questions of order or practice or upon the interpretations of the rules of order by the Council or Committee;

9.6.11 In the events that a member of Council or a Committee persists in a breach of the rules of this By-law, after having been called to order by the Mayor or Chair, the Mayor or Chair shall put the question “shall the member be ordered to leave his/her seat for the duration of the meeting?”. The Council or Committee shall vote on the question and the question is not debatable;

9.6.12 If the Council or Committee decides the question set out in section 9.6.11) of this By-law in the affirmative by a majority vote of the members, the Mayor or Chair shall order the member to leave his/her seat for the duration of the meeting;

9.6.13 If the member apologizes, the Mayor or Chair, with the approval of Council, may permit him/her to resume his/her seat;

9.6.14 If a member does not leave his/her seat after being ordered to do so by the Mayor or Chair (in accordance with Section 9.6.9) and if the member does not apologize (in accordance with Section 9.6.13) then the Mayor or Chair shall seek appropriate assistance.

9.6.15 Members must occupy their chairs while a vote is being taken and the results are being declared;

9.6.16 Members 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;

9.6.17 Every member present shall vote when a question is put on the floor unless a Pecuniary Interest has been declared;

9.6.18 Municipal Councillors may officially be addressed as Councillor, Deputy Mayor as Deputy Mayor and Mayor as Mayor.

9.6.19 All cell phones and electronic devices not required for conducting the meeting shall not be used during a meeting and shall be turned off or turned to a silent mode.

10. ROLE OF HEAD OF COUNCIL

10.1 It is the role of the Head of Council, per Section 225 of the Municipal Act, 2001, as amended:

10.1.1 to act as Chief Executive Officer of the municipality;

10.1.2 to preside over Council meetings so that business can be carried out efficiently and effectively;

10.1.3 to provide leadership to Council;

without limiting clause (10.1.3), to provide information and recommendations to the Council with respect to the role of Council as described in Section 9.1 of this By-law and Section 224 of the Municipal Act, 2001, as amended;

10.1.4 to represent the municipality at official functions; and

10.1.5 to carry out the duties of the Head of Council under the Municipal Act or any other Act.

10.2 By virtue of their office, the Head of Council carries with it the right to participate fully in any meeting of a Committee or Board established by Council and to vote unless prohibited by law.

11. ROLE OF HEAD OF COUNCIL AS CHIEF EXECUTIVE OFFICER

11.1 It is the role of the Head of Council, per Section 226.1 of the Municipal Act, 2001, as amended:

11.1.1 uphold and promote the purposes of the municipality;

11.1.2 promote public involvement in the municipality’s activities;

11.1.3 act as the representative of the municipality both within and outside the Municipality, and promote the municipality locally, nationally and internationally; and

11.1.4 participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.

12. ABSENCE OF THE HEAD OF COUNCIL

12.1 In the event that the Head of Council (Mayor) is absent; has a conflict under the Municipal Conflict of Interest Act; refuses to act; or the office becomes vacant, the Deputy Mayor shall act in the place and stead of the Head of Council, and while so acting the Deputy Mayor may exercise all the rights, powers and authority of the Chair.

12.2 In the absence of both the Head of Council and the Deputy Mayor, and if a quorum is present, the Council shall elect a Chair from amongst its members present (Section 238(4) of the Municipal Act, 2001). While presiding, the member appointed by the Council shall have all the powers of the Head of Council for the purpose of conducting the meeting.

13. EMERGENCY GOVERNANCE COMMITTEE

13.1 Section 23 of the Municipal Act, 2001 regulates the delegation of legislative and quasi-judicial powers.

13.2 In a declared emergency and where the decision making capability of a municipality may be compromised or where normal protocols may be impossible to meet, the Corporation may establish an Emergency Governance Committee to act in place of the Council.

13.3 The Emergency Governance Committee will only be formed if at least four members of the total seven-member Council are incapacitated through death, injury or illness and are unable to exercise their powers due to the inability to meet quorum.

13.4 The Emergency Governance Committee is comprised of three members of Council.

13.5 The Emergency Governance Committee is delegated the authority by Council to exercise its normal legislative, quasi-judicial and administrative powers, subject to the limitations of the Municipal Act, 2001, with such delegated authority to only be exercised:

• For the duration of an emergency which has been declared by the Head of Council or his/her designate, in accordance with the Corporation’s Emergency Management Plan;
• For Council’s normal decision making processes, and not for the management or co-ordination of emergency response activities.

13.6 The Committee, wherever practicable, will conduct its meetings in accordance with this procedure by-law.

14. CONDUCT OF PROCEEDINGS FOR COUNCIL AND COMMITTEES

14.1 As soon after the hour of the meeting as there shall be a quorum present, the Head of Council or the Chair shall call the meeting to order.

14.2 The Head of Council or the Chair shall announce the business before the Council or Committee in the order in which it is to be acted upon.

14.3 The Head of Council or the Chair shall receive and submit, in the proper manner, all motions presented by the members.

14.4 The Head of Council or the Chair shall preserve order and decorum and decide questions of order subject to an appeal to the Council or the Committee and this decision may be overruled by a majority vote thereof.

14.5 The Head of Council or the Chair shall put to vote all questions which are regularly moved and seconded or necessarily arise in the course of proceedings, and to announce the result.

14.6 The Head of Council or the Chair shall authenticate by signature/electronic signature when necessary all By-laws, Minutes and documents authorized by Council or the Committee.

14.7 The Head of Council or the Chair shall represent and support the Council or Committee declaring its will and obeying its decision in all things.

14.8 The Head of Council or the Chair shall ensure that the decisions of Council or the Committee are in conformity with the laws and By-laws governing the activities of the Corporation.

14.9 The Head of Council or the Chair shall adjourn the meeting when business is concluded.

14.10 The Head of Council or the Chair shall adjourn the meeting without question in the case of grave disorder arising in the meeting space.

14.11 The Head of Council or the Chair shall ensure that the members of the public who constitute the audience in the Council Chamber or Meeting Rooms:

• maintain order and quiet;
• address Council or the Committee only with the permission of the Chair;
• do not interrupt any speech or action of the members or any other person addressing Council or the Committee; and
• to order any individual or group in attendance at the meeting to cease and desist any behaviour which disrupts the order and decorum of the meeting and to order the individual or group to vacate the Council Chambers or Meeting Rooms where such behaviour persists.
• turn off or set to silent mode, all electronic devices;
• use recording, broadcasting or streaming devices respectfully, and should the Head of Council or Chair direct it, move or cease to use said devices.

14.12 Casual business attire is permitted for all Regular Council Meetings held in the months of June, July and August.

14.13 All meetings may be audio and/or visually recorded, broadcast and/or streamed publically by the Municipality, with the exception of proceedings of meetings closed to the public (See Section 6.6).

15. DECLARATION OF PECUNIARY INTEREST

A ‘pecuniary interest’ is defined in the Municipal Conflict of Interest Act. Where a member of Council or a Committee has a pecuniary interest in any matter, including that of a spouse, child or parent and is present at a meeting of Council or Committee at which the matter is the subject of consideration, the member

15.1 shall, prior to any consideration of the matter at the meeting, verbally disclose the interest and the general nature;

15.2 shall, prior to any consideration of the matter at the meeting disclose the interest and the general nature, in writing using the “COUNCIL/COMMITTEE DECLARATION OF PECUNIARY INTEREST FORM” and submit it to the Clerk or designate;

15.3 shall not, at any time, take part in the discussion, or vote on any question in respect of the matter;

15.4 shall not, at any time, attempt, either on his or her own behalf or while acting for, by or through any other person, in any way whether before, during or after the meeting to influence the voting on any such question;

15.5 shall immediately leave the room in which the meeting is being held for all or part of the meeting during which the matter is under consideration and remain absent from it where the matter is under consideration during closed session; and

15.6 where the interest of a member has not been disclosed by reason of the member’s absence from a meeting wherein the matter was discussed, the member shall disclose the interest at the next Council or Committee meeting attended by the member;

15.7 where a member has declared a pecuniary interest on an item, they shall not take part in adopting the Confirmatory By-law.

16. AGENDAS

16.1 Regular Council Meeting Agendas

16.1.1 The Clerk or his/her designate shall prepare the Agenda for all Regular Council Meetings consisting of the following “Order of Business”:

1. Call to Order
2. Moment of Reflection
3. Confirmation of the Agenda
4. Disclosure of Pecuniary Interest
5. Consent Agenda

Items listed under the Consent Agenda are considered routine and may require discussion but no action on the part of Council. Only originating resolutions of support shall be included in the Consent Agenda. Consent items are received in one motion. Council members may request that one or more item be removed for further action.

6. Presentations

6.1 Public Presentations

6.2 Other Presentations

6.3 Delegations

7. Public Meetings/Hearings
8. Reports
9. Correspondence
10. Council Reports

10.1 Mayor Meeting Log

10.2 Council Member Reports

(Verbal or written updates from members who sit on boards/committees)

11. By-laws
12. Notice of Motion
13. Other Business

In the Interest of the Township of Perth East Accountability and Transparency Policy, should a member of Council or staff like to present an item of business in the Section, it is recommended that they contact the Clerk in advance so that the item of business can be placed on the published agenda.

14. Announcements
15. Closed Session – Pursuant to Section 239 of the Municipal Act, 2001
16. Business Arising from Closed Session
17. Confirmatory By-law
18. Adjournment

16.1.2 The agenda shall be published by 4:30 pm on the Friday prior to the meeting for which the agenda pertains.

16.1.3 The business of Council shall be taken in the order in which it stands upon the agenda, unless otherwise decided by the majority of Council.

16.1.4 Any member may bring before Council or a Committee, any business that he/she believes should be deliberated upon by Council or the Committee. In an effort to support the Accountability and Transparency Policy of the Corporation, it is recommended that the member or staff contacts that Clerk (or in the case of a Committee, the Recording Secretary) in advance so that the item of business can be placed on the published agenda.

16.2 Special or Emergency Council Meeting Agendas

16.2.1 The Clerk, where reasonably possible, shall cause an agenda to be prepared, in the following order, for the use of members at Special Meetings of Council:

• Declaration of Pecuniary Interest
• Consideration of Business for Which Notice is Given
• Adjournment

16.2.2 The agenda for Special Council Meetings shall be available at least twenty four (24) hours preceding the meeting to which it pertains, if possible and if necessary.

16.2.3 The minutes of a special meeting shall be ratified at the next regular meeting of the Council by the Confirming By-law.

17. MINUTES – Council and Committee

17.1 Minutes

17.1.1 Minutes of Council or a Committee, whether it is closed to the public or not, shall record:

• the date, time and place of the meeting;
• the record of attendance of the members;
• the correction and adoption of the minutes of prior meeting(s);
• all resolutions and decisions;
• all the other proceedings of the meeting without note or comment, whether it is closed to the public or not;
• a list of other business items discussed.

17.1.2 After the minutes have been adopted they will be signed by the Head of Council or the Chair and by the Clerk (or designate) or Recording Secretary.

17.2 The Clerk shall ensure that the Minutes of the preceding Regular Meeting and any meeting are circulated along with the agenda package prepared in accordance with Section 16.1 of this By-law.

17.3 The onus shall be upon members attending after commencement of the meeting to inform the Clerk or Recording Secretary of their arrival in order that same may be recorded in the Minutes (verbally or via email).

17.4 Unless a reading of the minutes of a Council or a Committee meeting is requested by a member, such minutes shall be approved without reading if the Clerk or Recording Secretary previously furnished each member with a copy thereof and has previously posted same.

17.5 The minutes of all Council and Committee meetings (with the exception of Closed Session meetings) shall be posted on the municipal website for public inspection as soon as practicably possible.

17.6 The minutes shall be filed once passed by the Council or the Committee.

17.7 Public Record

All Communications the Clerk receives pertaining to a matter on the agenda of a public or open Meeting will form part of the public record. Personal Information and opinion communications are part of the public record unless the author of the communication requests the removal of their personal information when submitting it, or where confirmed by the Clerk.

18. PUBLIC PRESENTATIONS / OTHER PRESENTATIONS / DELEGATIONS / PETITIONS – Council and Committee

18.1 Public Presentations

18.1.1 A request from an outside organization or individual to make a presentation to Council shall be limited to a maximum of ten (10) minutes. The consent of Council is required to extend a presentation beyond ten (10) minutes.

18.1.2 Presentations by an outside organization or individual shall not be permitted for the sole purpose of generating publicity or promotion.

18.1.3 Outside organizations or individuals shall provide the Clerk with written material for inclusion on the agenda by the agenda publication deadline.

18.1.4 Presentations by an outside organization or individuals shall not be added to an agenda as an addendum.

18.1.5 A maximum of two (2) public presentations will be permitted at a Meeting, discretionary to the Clerk.

18.2 Other Presentations

18.2.1 Presentations by staff or invited third parties shall be limited to a maximum of ten (10) minutes.

18.2.2 Presentations by staff providing information with no accompanying report shall be heard at the end of a Meeting of Council under Other Business.

18.2.3 Presentations recognizing achievements shall be heard at the beginning of a meeting.

18.2.4 Where a staff or third party presentation accompanies an item on an agenda, the presentation will be heard at the time the matter is under consideration.

18.3 Delegations

18.3.1 An individual may make a delegation at a Meeting of Council related to an item of business on the agenda.

18.3.2 An individual who is under eighteen (18) years of age must provide to the Clerk written permission from the individual’s parent or guardian.

18.3.3 Individuals who register as a delegation will have their name and the purpose of their delegation published on an agenda.

18.3.4 For the purpose of Council agendas, delegations have until 11:00 am on the day of the Meeting to notify the Clerk that they wish to register as a delegation or to submit written submissions on items on the agenda.

18.3.5 Delegations are limited to ten (10) minutes. Council may extend the ten (10) minute time period by a Majority Vote of the Members present by way of a Motion to be decided without debate.

18.3.6 No delegation shall be made to Council on matters relating to litigation or potential litigation, including those matters which are before and under the jurisdiction of any court or administrative tribunals unless such matter is referred to Council by the said administrative tribunal or court.

18.3.7 No delegation shall speak on a matter that is not within the jurisdiction of the Council. The Mayor/Chair in consultation with the Clerk will determine if a matter is within the jurisdiction of the Council.

18.3.8 No delegation shall be made to a Notice of Motion on a Council agenda. Delegations will have an opportunity to speak at a subsequent Meeting when the item will be discussed.

18.3.9 No delegation shall be permitted to speak on a Notice of Motion to reconsider.

18.3.10 No delegation shall be permitted at Workshops.

18.3.11 Delegations shall not be permitted to appear before Council for the sole purpose of generating publicity for an event.

18.3.12 A delegation shall only register themselves to speak and may not register other delegations.

18.3.13 If a delegation is unable to attend the Meeting for which they are registered, they may provide their written submission to the Clerk.

18.3.14 Members of Council are permitted to ask individuals making a delegation questions only for clarification and to obtain additional relevant information.

18.4 Petitions

The Clerk or Recording Secretary may, upon receipt, refer any communication or petition to a Department Head without the prior consideration of Council or a Committee

19. REPORTS OF DEPARTMENTS

Reports of Departments (including recommendations resulting from Committee meetings) shall be received by the Clerk no later than 12:00 p.m. on the Tuesday that precedes the Council meeting.

20. BY-LAWS

20.1 Council shall be provided with a copy of all By-laws which are on the agenda for consideration. Council shall not consider any by-law not listed on the Agenda. Every By-law shall be introduced by motion and shall receive three readings prior to it being passed. Nothing shall prevent Council from giving all three readings to a By-law at one sitting of Council.

20.2 Every By-law enacted by Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and Head of Council and shall be filed by the Clerk for safekeeping.

20.3 A By-law shall deem to have been read upon the title or heading or short description thereof being read or taken as read unless a Member of Council requires the By-law or any portion thereof to be read in full.

20.4 The proceedings at every regular meeting shall be confirmed by By-law so that every decision of the Council and every resolution passed at that meeting shall have the same force and effect as if each and every one of them had been the subject matter of a separate By-law duly enacted. The proceedings at every Special or Emergency Meeting shall be confirmed by By-law at the next regular meeting of the Council.

21. NOTICE OF MOTION

21.1 A Member may introduce a notice of motion at a meeting and the motion shall form part of the next agenda at which the Member introducing the motion is in attendance for discussion. There shall be no debate or discussion on the motion until it appears on a future agenda

21.2 The Clerk or Recording Secretary, upon receipt of a Notice of Motion in accordance with Section 21.1 shall print the motion (including the name of the mover) in full on the Agenda for the next regular meeting of the Council or Committee as requested by the mover.

21.3 A Notice of Motion shall not be considered or otherwise disposed of by Council or the Committee unless the mover of the motion is in attendance at the meeting.

21.4 A Notice of Motion that has been called for by the Chair at two meetings of Council and has not been proceeded with, shall be removed from the Agenda unless otherwise directed by the Council or Committee.

22. ADJOURNMENT

22.1 All Council meetings shall stand adjourned when the Council has completed the business as listed on the Agenda, or upon the arrival of ten (10:00) pm if the meeting starts at seven (7:00) pm unless otherwise decided by a majority vote of the members present, may approve an extension of the meeting in thirty (30) minute increments. Should a motion to extend the meeting fail, the meeting shall automatically adjourn and reconvene for Council to deal with any matters not completed on the agenda at the next scheduled meeting or on another day and time as agreed upon by Council by the majority vote.

The Council shall adjourn if still in session after a duration of six (6) hours, unless otherwise determined by a resolution of Council passed by the majority of the members.

23. RESOLUTIONS/MOTIONS

23.1 A motion must be formally seconded before the question can be put on a motion and recorded in the minutes.

23.2 When a motion is presented to the Council or a Committee, in writing, it shall be read, or, if it is an oral motion, stated by the Head of Council or the Chair.

23.3 After a motion is read or stated by the Head of Council or Chair, it shall be deemed to be in possession of Council or the Committee but may, with the permission of Council or the Committee, be withdrawn at any time before decision or amendment.

23.4 After a motion is finally put, no member shall speak to the motion nor shall any other motion be made until after the vote is taken and the result declared.

23.5 Every member of Council present at a Council Meeting when a questions is put, shall vote thereon, except where he/she is disqualified to vote by reason of a pecuniary interest or is absent from the Council Chamber or Meeting room when the question is put.

23.6 All votes shall be announced openly, as carried or defeated, by the Head of Council or the Chair.

23.7 On an unrecorded vote, the manner of determining the decision on a motion shall be at the discretion of the Head of Council or the Chair and may be by voice or show of hands.

23.8 The Head of Council or the Chair shall require a recorded vote to be taken on any question upon request of a member if such request is made prior to commencement of the voting or immediately thereafter (Section 246 of the Municipal Act, 2001). When a member present requests a recorded vote, all members present at the meeting shall vote, unless otherwise prohibited by statute. The Clerk shall call the vote in a manner that provides for a random order and the members shall respond YEA or NAY when called upon. The names of those who voted for and those voted against shall be noted in the minutes.

23.9 In accordance with Section 246 of the Municipal Act, 2001, a failure to vote by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote.

23.10 Except where expressly provided in Statute, any question on which there is an equality of votes shall be deemed to be defeated.

23.11 The Head of Council or the Chair shall declare the vote on all questions and should his/her declaration be stated by any member to be in doubt, the Head of Council or the Chair shall require the vote to be retaken in an alternative manner and the results of this vote shall be final.

23.12 Members shall not speak to the same motion without the consent of the Head of Council or the Chair and at the end of the debate a motion for closure may be made by the Head of Council or the Chair.

23.13 Amendments shall be put in the reverse order to that in which they are moved. Only one amendment shall be allowed to an amendment.

24. RECONSIDERATION

24.1 A resolution may be considered at the same meeting at which is it passed, provided there is a majority vote of the Members to reconsider.

24.2 No resolution shall be reconsidered outside of the meeting at which is passed, within a 12 month timeframe during a term of Council without a vote of Council

24.3 A reconsideration of a portion of a resolution shall not be permitted. Such reconsideration can either amend the previous decision or rescind it subject to the following rules:

(i) no resolution shall be reconsidered more than once during the term of Council, and

(ii) a Motion to reconsider shall not be reconsidered.

24.4 A Member who voted on the prevailing side of a decision may bring a Motion to reconsider at the same Meeting at which the question to be reconsidered was dealt with and shall require the support of a Majority of the Members present.

24.5 A Member who voted on the prevailing side or who was absent from the vote or was not a Member of Council at the time of the vote may bring a Notice of Motion to reconsider at a Meeting subsequent to that at which the question to be reconsidered was dealt with and shall require a Two-Thirds vote to be carried.

24.6 No delegations shall be permitted to speak on a Notice of Motion to reconsider.

24.7 A resolution that was decided by Council cannot be reconsidered if action has been taken in implementing the resolution, resulting in legally binding commitments that are in place on the date the Motion to reconsider is considered by Council.

25. RULES OF DEBATE

25.1 The following matters and motions may be introduced orally without written notice and without leave except as otherwise provided by these rules:

25.1.1 a point of order or personal privilege;

25.1.2 presentation of petitions;

25.1.3 to lay on the table (to defer temporarily);

25.1.4 to postpone indefinitely or to a specific day; and

25.1.5 to move the previous question (immediate vote on the main motion).

25.2 The following motions may be introduced without notice and without leave:

25.2.1 to refer;

25.2.2 to adjourn;

25.2.3 to amend; and

25.2.4 to suspend the rules of procedure.

25.3 Every member prior to speaking to any question or motion shall raise his/her hand and obtain permission from the Chair to speak. When two or more members wish to speak, the Chair shall name the member who has the floor and shall be the member, who, in the opinion of the Chair raised his/her hand first.

25.4 When a member is called to order he/she shall cease speaking unless allowed to explain, and the ruling of the Chair shall be obeyed, subject to the appeal to the Council or Committee, but without debate.

25.5 No member shall speak more than once to the same question without the leave of the Council or Committee or until all other members have had the opportunity to speak to the question a first time, except in explanation of a material part of his/her speech which may have been misconstrued, and in doing so, he/she is not to introduce a new matter.

25.5.1  With the approval of the Head of Council and the consensus of Council, Council may temporarily suspend the Rules of Order to permit extended debate on a specific item of business (See Section 29.1)

25.5.2    During the extended debate, the Head of Council may permit members to speak to the item of business more than one time, but in the order which they have requested permission to speak (Item 25.3).

25.5.3    During the extended debate, the Head of Council will maintain order.  If in the opinion of the Head of Council the need for extended debate has end or the debate is no longer orderly, the Head of Council may end the extended debate and return to the regular Rules of Order.

25.6 If the Head of Council desires to leave the Chair for the purpose of taking part in the debate or for any other reasons, the Acting Head of Council shall assume the Chair in his/her place until he/she resumes the Chair.

The Head of Council may answer questions and comment in a general way without leaving the Chair, but if he/she wishes to make a motion or speak to a motion taking a definite position and endeavoring to persuade the Council to support that position, then he/she shall first leave the Chair.

The Head of Council does not need to vacate the Chair to simply state support or opposition to a motion on the floor.

25.7 When the Head of Council or Chair calls for the vote on a question, each member shall occupy his/her seat until the result for the vote has been declared by the Head of Council or Chair, and during such time no member shall walk across the room to speak to any other member or make any noise or disturbance.

25.8 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.

25.9 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.

26. POINTS OF ORDER AND PRIVILEGES

26.1 No vote shall be taken by ballot or any other method of secret voting, and every vote so taken is of no effect, in accordance with Section 244 of the Municipal Act, 2001.

26.2 Unless otherwise authorized by the Head of Council, all members, Staff and guests shall address Council through the Head of Council and only when recognized to do so.

26.3 When two or more members indicate simultaneously that they wish to speak, the Head of Council shall name the member who is to speak first.

26.4 The Head of Council shall preserve order and decide questions of order.

26.5 The Council, if appealed to, shall decide the question without debate and its decision shall be final.

26.6 If the member who made the motion claims the floor and has not already spoken on the question, he/she is entitled to be recognized in preference to other members.

27. PROCEDURAL APPEAL

27.1 Any member may raise a point of order.

27.2 The Head of Council or Chair shall decide all questions of order and the decision of the Head of Council or Chair shall be final, subject to appeal, with the Head of Council or Chair retaining the option of putting any question or order to Council or a Committee and in such instances the decision of Council or a Committee shall be final. Upon appeal of any decision of the Head of Council or the Chair, the question of order shall be decided by Council or the Committee and the decision shall be final.

28. RULES OF ORDER

“Roberts Rules of Order” shall govern the proceedings of the Council in all cases, unless they are in conflict with these rules. See also Section 4 – General Rules.

29. SUSPENSION AND AMENDMENT OF THESE RULES

29.1 Suspension of these Rules

Any provision of these rules may be temporarily suspended by a vote of the majority of the Council; for a time to be determined at the discretion of the Head of Council or the Chair.

See Section 25.5 to temporarily suspend the Rules of Order in order to permit extended debate on a specific item of business.

29.2 Amendment to these Rules

These rules may be amended, or new rules adopted by a majority of vote of all Members of Council, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Council meeting.

30. VALIDITY AND SEVERABILITY

It is hereby declared that notwithstanding any section, subsections, clause, paragraph or provision of the By-law or parts thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and shall not effect the validity or enforceability of any other provisions of the By-law as a whole or part thereof and all other sections of the By-law shall be deemed to be separate and independent there from and enacted as such.

31. EFFECTIVE DATE

31.1 That By-law 15-2017 and any subsequent amendments be hereby repealed;

31.2 This By-law comes into force and takes effect on the 1st day of January 2024.

READ A FIRST AND SECOND TIME THIS 19th DAY OF DECEMBER, 2023.

READ A THIRD TIME AND FINALLY PASSED 19th DAY OF DECEMBER, 2023.

______________ _______________

Ashley Carter, Municipal Clerk Rhonda Ehgoetz, Mayor