THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON
BY-LAW 2008-01
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL, THE CONDUCT OF ITS MEMBERS AND THE CALLING OF MEETINGS.
This By-Law Repeals By-Law 2003-14
WHEREAS, pursuant to the Municipal Act, S.O. 2001 C. 25, as amended, every Council and local board shall adopt a procedure By-law to govern the calling, place and proceeding of meetings
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON HEREBY ENACTS AS FOLLOWS:
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 regulation for the dispatch of business by Council and its committees.
Council and Committee Meetings
2. (a) The Regular meeting of the Council of the Corporation of the Township of Papineau-Cameron shall be held on the 2nd and 4th Tuesdays of each month at 7:30 p.m. at the municipal Council Chambers located at #4861 Highway # 17, Mattawa, On.
(b) In the case of an emergency, Council may hold its meeting and keep its public offices in any convenient location within or outside of the municipality. Section 236 (1)
(c) Despite (a) a meeting of the councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in a municipality adjacent to any of them. Section 236 (2)
3. The inaugural meeting of Council after a regular election or after a by-election, shall be held at a Regular meeting of the Council of the Corporation of the Township of the Papineau-Cameron, in the Council Chambers, on a date not later than 31 days after the term of council commences.
4. Council may, by Resolution, alter the date and/or time of a regular meeting provided that adequate notice of the change is posted and published in local newspapers. The notice shall provide the time, date and place of the meeting. Further details on notice are available in the Public Notice By-law, that being By-law 2005-28.
5. (a) The Head of Council may at any time summon a special meeting, and upon receipt of the petition of the majority members of the council, the clerk shall summon a special meeting for the purpose and at the time and place mentioned in the petition, subject to the procedure by-law enacted under Section 240. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held.
( b ) In either case above, the Special Meeting shall be held not sooner than 48 hours following the Head's summons or receipt of the petition, as the case may be and the Clerk shall provide written notice of the special meeting immediately following receipt of the summons or petition.
( c ) Notwithstanding the notice requirement set out above, in the event of a boni fide emergency, the meeting may be held as soon as practicable following receipt of the summons or petition, as the case may be, and notice may be given by telephone or personal contact as determined by the Clerk.
( d ) Unless otherwise specified, in the notice described in 5 ( b ) above, a special meeting shall be held in the Council Chamber.
(e) The notice of the special meeting shall specify the purpose for the meeting.
6. (a) The presiding chair shall preside at all meeting of the Council.
( b) When the Mayor is absent or refuses to act, or the office is vacant, the Deputy Mayor shall act in the place and stead of the head, and, while so acting, the Deputy Mayor has and may exercise all the rights, powers and authority of the Mayor.
( c ) For the purposes of the Corporation of the Township of Papineau-Cameron, the Deputy Mayor shall be that member of council with the highest number of votes and shall fulfill the duties of Deputy Mayor, upon the absence of the Mayor. The Council shall pass a resolution to confirm the appointment.
(d) Should the Mayor and the Deputy Mayor both be absent, the remaining members of Council who are present, shall appoint a Chair for the meeting, from among the council members present.
( e ) The Mayor or presiding officer may expel from a meeting anyone who engages in improper conduct.
7. (a) All Council and Committee meetings shall be open to the public.
(b) Not withstanding 7 (a) above, a meeting of Council or a Committee may be closed to the public if the subject matter
being considered relates to:
(c) Section 239 (2) Municipal Act
1) i ) the security of the property of the municipality or local board;
ii) personal matters about an identifiable individual, including municipal or local board employees;
iii) a proposed or pending acquisition or disposition of land for municipal or local board;
iv) labour relations or employee negotiations;
v) litigation or potential litigation including matters before administrative tribunals affecting the municipality or
local board;
vi) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
vii) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed
under another Act.
2) A meeting shall be closed to the public if the subject matter relates to the consideration of 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, 2001, c 25, 239 (3)
3) A meeting of a council or local board or of a committee of either of them may be closed to the public if the
following conditions are both satisfied:
i) The meeting is held for the purpose of education or training the members
ii) 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, local board or committee.
4) Before all or part of a meeting is closed to the public, the Council shall state by Resolution:
i ) the fact of the holding of a closed meeting and the general nature of the matter considered at the closed
meeting;
ii) record the time the meeting was adjourned into closed session and record the time when the open meeting
resumed.
iii) Likewise, when a closed meeting is held which is not part of a regular meeting, the same rules shall apply. The
voting shall be made at the next regular meeting.
(d) Subject to subsection 7 (e) a meeting shall not be closed to the public during the taking of a vote.
(e) Despite subsection 27 of this by-law, a meeting may be closed to the public during a vote if,
i ) Subsection 7 (b) permits or requires a meeting to be closed to the public and,
ii) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the \
Township or persons retained by or under contract with the Township.
(f ) Meetings or sessions which are closed to the public may be referred to a in-camera meetings or sessions.
(g) Consideration shall be given to the Notice By-law and the Transparency By-law
8. (a) The Clerk shall prepare agendas of Council and Committee meetings as assigned.
(b) Insofar as is practicable, Council agendas, along with supporting material, shall be prepared and made available to
members on the Friday prior to the regular meeting.
(c ) Individuals or groups wishing to appear before Council at a regular meeting shall advise the Clerk not later than 4:30
p.m. on the Thursday prior to the meeting and the Clerk may make a determination as to deferral of delegations to the
subsequent meeting.
(d ) Written reports of officers shall , insofar as is practicable, be made available to Council by 4:30 p.m. on the Thursday
immediately preceding regular meetings.
(e) Agendas shall be generally formatted as follows but modifications to the matter to be included or the order of
business may be affected without requiring amendment to this By-law.
1) Disclosure of Pecuniary Interest/Conflict of Interest
2) Minutes of Previous Meetings
3) Accounts
4) Reports of Staff
5) Petitions and Delegations
6) Correspondence - Previous/New
7) Information Only
8) Resolution to move to closed session
9) By-laws
10) Motion to Adjourn
(f ) The business of the Council shall be taken up in the order as listed on the agenda unless otherwise decided by the
Mayor or presiding officer.
(g) Voting
&Every member of a council shall have one vote.
&No vote shall be taken by ballot or by any other method of secret voting.
&Any question on which there is a tied vote shall be deemed to be lost, except where otherwise provided by any
Act.
&If a member present at a meeting at the time of a vote request immediately before or after the taking of the vote that the vote be recorded, each member present, except the member who is disqualified from voting by any Act,
shall announce his or her vote openly and the clerk shall record each vote. A failure to vote, in a recorded 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. A deferred vote shall be recorded when a councillor wants to deferred an item on the agenda as the
councillor wishes more information or clarification. The item shall pass without debate, to a vote to defer and if the
motion is passed, it shall be brought back to the next regular meeting. Should a motion to defer be lost, then the
matter shall be debated and voted on and the councillor who wished to defer may record his objection or abstain
from voting, which will result in his/her vote being recorded as negative. Council may refer a matter to a committee
or ad hoc group or department head for a report to be brought back to Council.
No Quorum
9. If no quorum is present one half hour after the time appointed for the Council or Committee meeting, the Clerk or recording secretary shall record the names of the members present and the meeting shall stand adjourned until the date of the next regular meeting or until rescheduled.
Curfew
10. Council and Committee meetings shall stand adjourned at 11:00 p.m. but business may be continued upon a Resolution passed by unanimous vote.
Duties of the Mayor
11. It shall be the duty of the Mayor or other presiding officer:
(a) to open the meeting by taking the chair and calling the members to order;
(b) to announce the business before Council in the order in which it is to be acted upon,
(c) to receive and submit, in the proper manner, all motions presented by the members,
(d) to put to a vote all questions which are moved and seconded, or necessarily arise in the course of the proceedings,
and to announce the results,
(e) to decline to put to vote motions which infringe upon the rules of procedure;
(f ) to enforce on all occasions the observance of order and decorum among the members,
(g) to call by name any member persisting in breach of the rules or order of the Council thereby ordering the member to
vacate the Council Chambers,
(h) to authenticate by signature all By-laws, Resolutions and Minutes of the Council,
(i) to inform the Council when necessary or when referred to for the purpose, on a point of order or usage;
(j) to select the members of Council who are to serve on Committees;
(k) to represent and support the Council, declaring its will and implicitly obeying its decisions in all things,
(l) to ensure that the decisions of Council are in conformity with the laws and By-laws governing the activities of the
municipal Corporation,
(m) to adjourn the meeting without question in the case of grave disorder arising in the Council Chamber,
(n) 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 Chamber where such
behaviour persists.
Conduct of Members of Council and Guests
12. No member shall:
(a) use offensive words or unparliamentary language in or against the Council or against any member, staff or guest,
(b) disturb another, or the Council, staff, or guest, by any disorderly conduct disconcerting to the speaker or the
assembly.
(c) speak on any subject other than the subject in debate,
(d) resist the rules of council or disobey the decisions of the Mayor or presiding officer or of Council on questions of
order or practice or upon the interpretation of the rules of Council,
(e) leave a meeting without first obtaining permission from the Mayor or presiding officer,
(f) be permitted to retake their seat after being ordered to vacate, having committed a breach of any rule of the Council,
until the next meeting and without making an apology to Council.
(g) interrupt the member who has the floor except to raise a point of order.
13. No person shall be allowed to address council or speak in debate without permission of the Mayor or presiding officer.
Motions / Rules of Debate
14. Subject to Paragraph 15 and insofar as is practicable, notice of motions, except those listed in Paragraphs 30 & 31, shall be given in writing to the clerk not later than 4:30 p.m. on the Thursday preceding the next regular meeting so that the matter may be included in the Council agenda package.
15. Any motions may be introduced without notice if Council, without debate, agrees on a majority vote to dispense with notice.
16. A motion must be formally seconded before the question can be put or a motion recorded in the minutes.
17. When a motion is presented in council in writing it shall be read, or, if it is an oral motion, stated by the Mayor or presiding officer.
18. (a ) A motion to amend shall:
i) be presented in writing;
ii) be dealt with by Council before a previous amendment or the main motion;,
iii) not be further amended more than once provided that further amendment may be made to the main motion;
iv) be relevant to the main motion,
v) not propose a direct negative to the main motion.
19. Once read or stated by the Mayor or presiding officer a motion may not be withdrawn without the consent of the majority of the members.
20. Immediately prior to voting on a motion, the mayor or presiding officer shall state the question in the precise form it is to be recorded in the minutes, including any amendment to the question.
21. After a motion as amended is finally put, no member shall speak to the question nor shall any other motion be made until after the vote is taken and the result is declared.
22. Members shall not speak more than once to the same question without the consent of the Mayor or presiding officer.
23. On a unrecorded vote, the manner of determining the decision on the motion shall be at the
discretion of the Mayor or presiding officer and may be by voice, show of hands, standing or otherwise.
24. Where a vote is taken for any purpose and a member requests, before or after the vote, that the vote be recorded, each member present, except a member disqualified from voting by any Act, shall , in an order determined by the Mayor or presiding officer, announce their vote openly, and any failure to vote by a qualified member shall be deemed to be a negative vote and the Clerk shall record each vote.
25. The Mayor or presiding officer, except where disqualified to vote, may vote on all questions and when so doing, shall vote last.
26. Except where expressly provided by Statute, any question on which there is an equality of votes shall be deemed to be defeated.
27. Subject to Subsection 7 (e) no vote shall be taken by ballot or any other method of secret voting and every vote so taken is of no effect.
28. (a ) Unless otherwise authorized by the Mayor or presiding officer, all members, staff and guests shall address Council through the chair and only when recognized to do so.
(b ) When two or more members seek to address Council, the Mayor or presiding officer shall designate the member who may speak first.
29. 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.
30. The following matters and motions may be introduced orally without written notice and without leave except as otherwise provided by these rules:
( a ) a point of order or personal privilege,
( b ) presentation of petitions,
( c ) to lay on the table ( to defer temporarily)
( d ) to postpone indefinitely or to a specific day,
( e ) to move the previous question ( immediate vote on the main motion).
31. The following motions may be introduced without notice and without leave but such motions shall be in writing and signed:
( a ) to refer,
( b ) to adjourn
( c ) to amend
( d ) to suspend the rules of procedure.
32. Except as provided in Paragraph 30 all motions shall be in writing and signed by the mover and the seconder.
33. The Clerk and other officers may introduce matters to be dealt with by motion subject to the notice provisions set out in Paragraph 14.
34. Council may, from time to time, employ a confirming Resolution immediately prior for the purpose of validating decisions or direction given which is minor in nature and not set out in a By-law.
Points of Order and Privilege
35. The Mayor or presiding officer shall preserve order and decide questions of order.
36. The Council, if appealed to, shall decide the question without debate and its decision shall be final.
By-laws
37. No By-law shall be presented to council unless the subject matter has been considered and approved by Council.
38. Every By-law shall be introduced upon motion by a member specifying the title of the By-law.
39. Every By-law when introduced shall be in typewritten form and shall contain no blanks except as may be required to conform to accepted procedure or to comply with provisions of any Act.
40. Every By-law shall be given three reading prior to passage.
41. The first and second readings of a By-law shall be decided without amendment or debate.
42. By-laws may be given three readings on the same day except when requested otherwise by motion of the majority of the members present or as otherwise provided by law.
43. Upon passage By-laws shall be numbered, signed by the Mayor or presiding officer and embossed with the seal of the Corporation.
44. Any proposed By-law may be referred to a Committee, Department Head or other officer for review and comment, including the solicitor for the Corporation.
General
45. When the Mayor of Council is absent on a temporary basis, under no circumstances shall the Council take a decision regarding capital spending unless provision for the capital spending is included in the estimates for that given year as approved by By-law or unless the expenditure is required as a result of an emergency.
46. In all matters and under all circumstances the members shall be guided by and shall have regard to the Municipal Conflict of Interest Act, or its successor Local Government Disclosure of Interest Act, 1994.
47. Individuals or groups which are listed on an agenda or are otherwise approved to appear before council shall, subject to Paragraph 8 ( c ), be limited to not more than fifteen (15)minutes
except that a delegations consisting of more than five (5) persons shall be limited to two (2)
persons shall be limited to two (2) speakers each limited to speaking not more than ten (10) minutes.
48. Following a regular or new election, The Clerk shall provide each member of council with a copy of this By-law, including any amendment thereto.
49. Any procedure under this By-law which is discretionary and not mandatory under statute may be suspended with the consent of a majority of the members present.
50. No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of the Council unless notice of the proposed amendment or repeal is given at the previous regular meeting of the Council and the waiving of notice is prohibited.
READ A FIRST, SECOND AND THIRD TIME, ENACTED AND PASSED BEFORE AN OPEN COUNCIL, THIS 8TH DAY OF JANUARY, 2008
BY-LAW 2008-01
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL, THE CONDUCT OF ITS MEMBERS AND THE CALLING OF MEETINGS.
This By-Law Repeals By-Law 2003-14
WHEREAS, pursuant to the Municipal Act, S.O. 2001 C. 25, as amended, every Council and local board shall adopt a procedure By-law to govern the calling, place and proceeding of meetings
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON HEREBY ENACTS AS FOLLOWS:
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 regulation for the dispatch of business by Council and its committees.
Council and Committee Meetings
2. (a) The Regular meeting of the Council of the Corporation of the Township of Papineau-Cameron shall be held on the 2nd and 4th Tuesdays of each month at 7:30 p.m. at the municipal Council Chambers located at #4861 Highway # 17, Mattawa, On.
(b) In the case of an emergency, Council may hold its meeting and keep its public offices in any convenient location within or outside of the municipality. Section 236 (1)
(c) Despite (a) a meeting of the councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in a municipality adjacent to any of them. Section 236 (2)
3. The inaugural meeting of Council after a regular election or after a by-election, shall be held at a Regular meeting of the Council of the Corporation of the Township of the Papineau-Cameron, in the Council Chambers, on a date not later than 31 days after the term of council commences.
4. Council may, by Resolution, alter the date and/or time of a regular meeting provided that adequate notice of the change is posted and published in local newspapers. The notice shall provide the time, date and place of the meeting. Further details on notice are available in the Public Notice By-law, that being By-law 2005-28.
5. (a) The Head of Council may at any time summon a special meeting, and upon receipt of the petition of the majority members of the council, the clerk shall summon a special meeting for the purpose and at the time and place mentioned in the petition, subject to the procedure by-law enacted under Section 240. If there is no by-law or petition fixing the place of a special meeting, that meeting shall be held at the place where the last regular meeting was held.
( b ) In either case above, the Special Meeting shall be held not sooner than 48 hours following the Head's summons or receipt of the petition, as the case may be and the Clerk shall provide written notice of the special meeting immediately following receipt of the summons or petition.
( c ) Notwithstanding the notice requirement set out above, in the event of a boni fide emergency, the meeting may be held as soon as practicable following receipt of the summons or petition, as the case may be, and notice may be given by telephone or personal contact as determined by the Clerk.
( d ) Unless otherwise specified, in the notice described in 5 ( b ) above, a special meeting shall be held in the Council Chamber.
(e) The notice of the special meeting shall specify the purpose for the meeting.
6. (a) The presiding chair shall preside at all meeting of the Council.
( b) When the Mayor is absent or refuses to act, or the office is vacant, the Deputy Mayor shall act in the place and stead of the head, and, while so acting, the Deputy Mayor has and may exercise all the rights, powers and authority of the Mayor.
( c ) For the purposes of the Corporation of the Township of Papineau-Cameron, the Deputy Mayor shall be that member of council with the highest number of votes and shall fulfill the duties of Deputy Mayor, upon the absence of the Mayor. The Council shall pass a resolution to confirm the appointment.
(d) Should the Mayor and the Deputy Mayor both be absent, the remaining members of Council who are present, shall appoint a Chair for the meeting, from among the council members present.
( e ) The Mayor or presiding officer may expel from a meeting anyone who engages in improper conduct.
7. (a) All Council and Committee meetings shall be open to the public.
(b) Not withstanding 7 (a) above, a meeting of Council or a Committee may be closed to the public if the subject matter
being considered relates to:
(c) Section 239 (2) Municipal Act
1) i ) the security of the property of the municipality or local board;
ii) personal matters about an identifiable individual, including municipal or local board employees;
iii) a proposed or pending acquisition or disposition of land for municipal or local board;
iv) labour relations or employee negotiations;
v) litigation or potential litigation including matters before administrative tribunals affecting the municipality or
local board;
vi) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
vii) a matter in respect of which a council, board, committee or other body has authorized a meeting to be closed
under another Act.
2) A meeting shall be closed to the public if the subject matter relates to the consideration of 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, 2001, c 25, 239 (3)
3) A meeting of a council or local board or of a committee of either of them may be closed to the public if the
following conditions are both satisfied:
i) The meeting is held for the purpose of education or training the members
ii) 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, local board or committee.
4) Before all or part of a meeting is closed to the public, the Council shall state by Resolution:
i ) the fact of the holding of a closed meeting and the general nature of the matter considered at the closed
meeting;
ii) record the time the meeting was adjourned into closed session and record the time when the open meeting
resumed.
iii) Likewise, when a closed meeting is held which is not part of a regular meeting, the same rules shall apply. The
voting shall be made at the next regular meeting.
(d) Subject to subsection 7 (e) a meeting shall not be closed to the public during the taking of a vote.
(e) Despite subsection 27 of this by-law, a meeting may be closed to the public during a vote if,
i ) Subsection 7 (b) permits or requires a meeting to be closed to the public and,
ii) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the \
Township or persons retained by or under contract with the Township.
(f ) Meetings or sessions which are closed to the public may be referred to a in-camera meetings or sessions.
(g) Consideration shall be given to the Notice By-law and the Transparency By-law
8. (a) The Clerk shall prepare agendas of Council and Committee meetings as assigned.
(b) Insofar as is practicable, Council agendas, along with supporting material, shall be prepared and made available to
members on the Friday prior to the regular meeting.
(c ) Individuals or groups wishing to appear before Council at a regular meeting shall advise the Clerk not later than 4:30
p.m. on the Thursday prior to the meeting and the Clerk may make a determination as to deferral of delegations to the
subsequent meeting.
(d ) Written reports of officers shall , insofar as is practicable, be made available to Council by 4:30 p.m. on the Thursday
immediately preceding regular meetings.
(e) Agendas shall be generally formatted as follows but modifications to the matter to be included or the order of
business may be affected without requiring amendment to this By-law.
1) Disclosure of Pecuniary Interest/Conflict of Interest
2) Minutes of Previous Meetings
3) Accounts
4) Reports of Staff
5) Petitions and Delegations
6) Correspondence - Previous/New
7) Information Only
8) Resolution to move to closed session
9) By-laws
10) Motion to Adjourn
(f ) The business of the Council shall be taken up in the order as listed on the agenda unless otherwise decided by the
Mayor or presiding officer.
(g) Voting
&Every member of a council shall have one vote.
&No vote shall be taken by ballot or by any other method of secret voting.
&Any question on which there is a tied vote shall be deemed to be lost, except where otherwise provided by any
Act.
&If a member present at a meeting at the time of a vote request immediately before or after the taking of the vote that the vote be recorded, each member present, except the member who is disqualified from voting by any Act,
shall announce his or her vote openly and the clerk shall record each vote. A failure to vote, in a recorded 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. A deferred vote shall be recorded when a councillor wants to deferred an item on the agenda as the
councillor wishes more information or clarification. The item shall pass without debate, to a vote to defer and if the
motion is passed, it shall be brought back to the next regular meeting. Should a motion to defer be lost, then the
matter shall be debated and voted on and the councillor who wished to defer may record his objection or abstain
from voting, which will result in his/her vote being recorded as negative. Council may refer a matter to a committee
or ad hoc group or department head for a report to be brought back to Council.
No Quorum
9. If no quorum is present one half hour after the time appointed for the Council or Committee meeting, the Clerk or recording secretary shall record the names of the members present and the meeting shall stand adjourned until the date of the next regular meeting or until rescheduled.
Curfew
10. Council and Committee meetings shall stand adjourned at 11:00 p.m. but business may be continued upon a Resolution passed by unanimous vote.
Duties of the Mayor
11. It shall be the duty of the Mayor or other presiding officer:
(a) to open the meeting by taking the chair and calling the members to order;
(b) to announce the business before Council in the order in which it is to be acted upon,
(c) to receive and submit, in the proper manner, all motions presented by the members,
(d) to put to a vote all questions which are moved and seconded, or necessarily arise in the course of the proceedings,
and to announce the results,
(e) to decline to put to vote motions which infringe upon the rules of procedure;
(f ) to enforce on all occasions the observance of order and decorum among the members,
(g) to call by name any member persisting in breach of the rules or order of the Council thereby ordering the member to
vacate the Council Chambers,
(h) to authenticate by signature all By-laws, Resolutions and Minutes of the Council,
(i) to inform the Council when necessary or when referred to for the purpose, on a point of order or usage;
(j) to select the members of Council who are to serve on Committees;
(k) to represent and support the Council, declaring its will and implicitly obeying its decisions in all things,
(l) to ensure that the decisions of Council are in conformity with the laws and By-laws governing the activities of the
municipal Corporation,
(m) to adjourn the meeting without question in the case of grave disorder arising in the Council Chamber,
(n) 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 Chamber where such
behaviour persists.
Conduct of Members of Council and Guests
12. No member shall:
(a) use offensive words or unparliamentary language in or against the Council or against any member, staff or guest,
(b) disturb another, or the Council, staff, or guest, by any disorderly conduct disconcerting to the speaker or the
assembly.
(c) speak on any subject other than the subject in debate,
(d) resist the rules of council or disobey the decisions of the Mayor or presiding officer or of Council on questions of
order or practice or upon the interpretation of the rules of Council,
(e) leave a meeting without first obtaining permission from the Mayor or presiding officer,
(f) be permitted to retake their seat after being ordered to vacate, having committed a breach of any rule of the Council,
until the next meeting and without making an apology to Council.
(g) interrupt the member who has the floor except to raise a point of order.
13. No person shall be allowed to address council or speak in debate without permission of the Mayor or presiding officer.
Motions / Rules of Debate
14. Subject to Paragraph 15 and insofar as is practicable, notice of motions, except those listed in Paragraphs 30 & 31, shall be given in writing to the clerk not later than 4:30 p.m. on the Thursday preceding the next regular meeting so that the matter may be included in the Council agenda package.
15. Any motions may be introduced without notice if Council, without debate, agrees on a majority vote to dispense with notice.
16. A motion must be formally seconded before the question can be put or a motion recorded in the minutes.
17. When a motion is presented in council in writing it shall be read, or, if it is an oral motion, stated by the Mayor or presiding officer.
18. (a ) A motion to amend shall:
i) be presented in writing;
ii) be dealt with by Council before a previous amendment or the main motion;,
iii) not be further amended more than once provided that further amendment may be made to the main motion;
iv) be relevant to the main motion,
v) not propose a direct negative to the main motion.
19. Once read or stated by the Mayor or presiding officer a motion may not be withdrawn without the consent of the majority of the members.
20. Immediately prior to voting on a motion, the mayor or presiding officer shall state the question in the precise form it is to be recorded in the minutes, including any amendment to the question.
21. After a motion as amended is finally put, no member shall speak to the question nor shall any other motion be made until after the vote is taken and the result is declared.
22. Members shall not speak more than once to the same question without the consent of the Mayor or presiding officer.
23. On a unrecorded vote, the manner of determining the decision on the motion shall be at the
discretion of the Mayor or presiding officer and may be by voice, show of hands, standing or otherwise.
24. Where a vote is taken for any purpose and a member requests, before or after the vote, that the vote be recorded, each member present, except a member disqualified from voting by any Act, shall , in an order determined by the Mayor or presiding officer, announce their vote openly, and any failure to vote by a qualified member shall be deemed to be a negative vote and the Clerk shall record each vote.
25. The Mayor or presiding officer, except where disqualified to vote, may vote on all questions and when so doing, shall vote last.
26. Except where expressly provided by Statute, any question on which there is an equality of votes shall be deemed to be defeated.
27. Subject to Subsection 7 (e) no vote shall be taken by ballot or any other method of secret voting and every vote so taken is of no effect.
28. (a ) Unless otherwise authorized by the Mayor or presiding officer, all members, staff and guests shall address Council through the chair and only when recognized to do so.
(b ) When two or more members seek to address Council, the Mayor or presiding officer shall designate the member who may speak first.
29. 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.
30. The following matters and motions may be introduced orally without written notice and without leave except as otherwise provided by these rules:
( a ) a point of order or personal privilege,
( b ) presentation of petitions,
( c ) to lay on the table ( to defer temporarily)
( d ) to postpone indefinitely or to a specific day,
( e ) to move the previous question ( immediate vote on the main motion).
31. The following motions may be introduced without notice and without leave but such motions shall be in writing and signed:
( a ) to refer,
( b ) to adjourn
( c ) to amend
( d ) to suspend the rules of procedure.
32. Except as provided in Paragraph 30 all motions shall be in writing and signed by the mover and the seconder.
33. The Clerk and other officers may introduce matters to be dealt with by motion subject to the notice provisions set out in Paragraph 14.
34. Council may, from time to time, employ a confirming Resolution immediately prior for the purpose of validating decisions or direction given which is minor in nature and not set out in a By-law.
Points of Order and Privilege
35. The Mayor or presiding officer shall preserve order and decide questions of order.
36. The Council, if appealed to, shall decide the question without debate and its decision shall be final.
By-laws
37. No By-law shall be presented to council unless the subject matter has been considered and approved by Council.
38. Every By-law shall be introduced upon motion by a member specifying the title of the By-law.
39. Every By-law when introduced shall be in typewritten form and shall contain no blanks except as may be required to conform to accepted procedure or to comply with provisions of any Act.
40. Every By-law shall be given three reading prior to passage.
41. The first and second readings of a By-law shall be decided without amendment or debate.
42. By-laws may be given three readings on the same day except when requested otherwise by motion of the majority of the members present or as otherwise provided by law.
43. Upon passage By-laws shall be numbered, signed by the Mayor or presiding officer and embossed with the seal of the Corporation.
44. Any proposed By-law may be referred to a Committee, Department Head or other officer for review and comment, including the solicitor for the Corporation.
General
45. When the Mayor of Council is absent on a temporary basis, under no circumstances shall the Council take a decision regarding capital spending unless provision for the capital spending is included in the estimates for that given year as approved by By-law or unless the expenditure is required as a result of an emergency.
46. In all matters and under all circumstances the members shall be guided by and shall have regard to the Municipal Conflict of Interest Act, or its successor Local Government Disclosure of Interest Act, 1994.
47. Individuals or groups which are listed on an agenda or are otherwise approved to appear before council shall, subject to Paragraph 8 ( c ), be limited to not more than fifteen (15)minutes
except that a delegations consisting of more than five (5) persons shall be limited to two (2)
persons shall be limited to two (2) speakers each limited to speaking not more than ten (10) minutes.
48. Following a regular or new election, The Clerk shall provide each member of council with a copy of this By-law, including any amendment thereto.
49. Any procedure under this By-law which is discretionary and not mandatory under statute may be suspended with the consent of a majority of the members present.
50. No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of the Council unless notice of the proposed amendment or repeal is given at the previous regular meeting of the Council and the waiving of notice is prohibited.
READ A FIRST, SECOND AND THIRD TIME, ENACTED AND PASSED BEFORE AN OPEN COUNCIL, THIS 8TH DAY OF JANUARY, 2008