SCHEDULE “A”
TOWN OF SOUTHBRUCEPENINSULA PROCEDURAL BY-LAW
BY-LAW NUMBER 96-2007
TOWN OF SOUTHBRUCEPENINSULA
PROCEDURAL BY-LAW
TABLE OF CONTENTS
SECTION “A”
Subsection Title Page
A1DEFINITIONS4
A2GENERAL5
A3QUORUM7
A4INAUGURAL MEETING8
A5REGULAR MEETING8
A6ABSENTEEISM AND LEAVE OF ABSENCE9
A7NOTICE OF REGULAR MEETING AND AGENDA9
A8SPECIAL MEETINGS10
A9COMMENCEMENT OF MEETINGS10
A10ORDER OF BUSINESS10
A11MINUTES11
A12COMMUNICATION & PETITIONS TO COUNCIL11
A13INFORMATION REQUESTS BY COUNCIL MEMBERS 12
A14GENERAL BUSINESS RESOLUTION-SCHEDULE “A” AND
MISCELLANEOUS CORRESPONDENCE AND RECOMMEND-
ATIONS – SCHEDULE “B”12
A15BY-LAWS12
A16DELEGATIONS13
A17GENERAL ANNOUNCEMENTS14
A18CLOSED SESSION15
A19ADJOURNMENT16
A20RULES OF DEBATE AND CONDUCT16
A21QUESTIONS OF PRIVILEGE AND POINTS OF ORDER17
A22MOTIONS AND ORDER OR PUTTING QUESTIONS18
A23VOTING20
A24PARLIAMENTARY AUTHORITY22
A25SUSPENSION AND AMENDMENT OF RULES22
A26RULES SHALL APPLY TO COMMITTEES AND BOARDS22
TABLE OF CONTENTS
SECTION “B”
COMMITTEE OF THE WHOLE
SubsectionTitle Page
B1CONSTITUTION 22
B2 ORDER OF BUSINESS – COMMITTEE OF THE WHOLE 22
MEETINGS
B3RULES OF PROCEDURE 23
B4ASSIGNMENT OF COUNCIL MEMBERS TO AREA OF
RESPONSIBILITY 24
SECTION “C”
COMMITTEES AND BOARDS
Subsection Title Page
C1GENERAL RESPONSIBILITIES OF COMMITTEES 25
C2DUTIES AND RESPONSIBILTIES OF COMMITTEE CHAIRS 25
C3NOTICE OF MEETINGS 26
C4QUORUM 26
C5MAYOR: EX-OFFICIO MEMBER 26
C6APPOINTMENTS TO AUTHORITIES, COMMITTEES & BOARDS 26
C7APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL 28
C8APPOINTED COMMITTEES TO NAME CHAIR 28
C9APPOINTMENT OF A SECRETARY 28
C10DURATION OF APPOINTMENTS 29
SECTION “A”
A1DEFINITIONS
A1.1“Ad Hoc Committee” means a committee appointed to review and report on a
specific issue; once the report is delivered, the Ad Hoc Committee is automatically dissolved.
A1.2“Chair” means the person presiding at a meeting.
A1.3“Closed Meeting” means a meeting or part of a meeting closed to the public.
A1.4“Committee” means a group of individualsappointed by Council in an advisory capacity.
A1.5“Council” means the elected and sworn members of the Council of the Corporation of the Town of South Bruce Peninsula.
A1.6 “Deputy Chair” means the member appointed to act in the absence of the Mayor
as per the appointments by-law.
A1.7“Head of Council” means the Mayor.
A1.8“Local Board” means a local board as defined in the Municipal Act, 2001.
A1.9“Member” means a member of the Council or a Committee, as the case may be.
A1.10“Meeting” means any regular, special or other meetingof Council, of a local board or of a committee of either of them.
A1.11“Motion” means a question to be considered by the Council or a Committee which is moved, seconded, and presented, read and is subject to debate. When a motion is carried, it becomes a resolution.
A1.12“Municipality” means The Corporation of the Town of South Bruce Peninsula.
A1.13“Recorded Vote” means where a vote is taken for any purpose and a member of Council requests immediately prior to or immediately subsequent to the taking of the vote that the vote be recorded, each member present except a member who is disqualified from voting by any Act shall announce his/her vote openly and any failure to vote by a member who is not disqualified shall be deemed to be a negative vote and the Clerk shall record each vote.
A1.14“Standing Committee” means a committee appointed to review and report on an area of ongoing interest to the Municipality and that continues to do so on an indefinite basis.
A2GENERAL
A2.1Role of Council
A2.1.1To represent the public and to consider the well-being and interests of the Municipality;
A2.1.2To develop and evaluate policies and programs of the Municipality;
A2.1.3To determine which services the Municipality provides;
A2.1.4To ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council;
A2.1.5To ensure the accountability and transparency of the operations of the
Municipality, including the activities of the senior managementof the Municipality;
A2.1.6To maintain the financial integrity of the Municipality; and
A2.1.7To carry out the duties of council under the Municipal Act or any other Act.
A2.2Role of Mayor
A2.2.1To act as Chief Executive Officer of the Municipality and as ChiefExecutive Officer shall:
a)uphold and promote the purposes of the municipality;
b)promote public involvement in the municipality’s activities;
c)act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally;
d)participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.
A2.2.2To preside over council meetings so that its business can be carried out efficiently and effectively;
A2.2.3To provide leadership to the Council;
A2.2.4Without limiting subsection A2.2.3, to provide information and recommendations to the Council with respect to the role of Council described in subsections A2.1.4 & A2.1.5;
A2.2.5To represent the Municipality at official functions;
A2.2.6To carry out the duties of the Head of Council under the Municipal Act or any other act;
A2.2.7To act as Council’s representative when dealing with other levels of government, their agencies and the private sector;
A2.2.8To serve on the Council of the County of Bruce;
A2.2.9To serve as an ex-officio member of all committees or other bodies established or appointed by Council but not be a voting member.
A2.3Role of Chief Administrative Officer (CAO)
A2.3.1To exercise general control and management of the affairs of the Municipality for the purpose of ensuring the efficient and effective operation of the Municipality;
A2.3.2To ensure implementation of Council’s decisions and establishment of administrative practices and procedures to carry out Council’s decisions;
A2.3.3To ensure undertaking of research and provision of advice to Council on the policies and programs of the Municipality;
A2.3.4To carryout such other duties required under the Municipal Act or any other act and other duties assigned by the Council.
A2.4Role of Clerk
A2.4.1Record without note or comment, all resolutions, decisions and other proceedings of the Council;
A2.4.2If required by any member present at a vote, to record the name and vote of every member voting on any matter or question;
A2.4.3To keep the originals or copies of all by-laws and of all minutes of the proceedings of the Council;
A2.4.4To make such minor clerical, typographical or grammatical corrections in form to any by-law, motion or resolution and/or minutes as they may be required for the purpose of ensuring correct and complete implementation of the actions of Council;
A2.4.5To perform any other duties required under the Municipal Act or under any other Act;
A2.4.6To perform such other duties as are assigned by the Council.
A2.5Meetings of Council
A2.5.1Except as provided in Section 18, all meetings shall be open to the public.
A2.5.2The Mayor shall preside at all meetings of the Council.
A2.5.3The Mayor or Chair may expel any person for improper conduct at a meeting.
A2.5.4In the absence of the Mayor, the Deputy Chair shall assume the responsibilities, and have the powers of the Mayor under this by-law.
A2.6Public Notice
A2.6.1Public notice of meetings will be provided on the municipal website and also in accordance with the Municipality’s notice by-law.
A3QUORUM
A3.1A majority of the whole number of members required to constitute the Council shall be necessary to form a quorum pursuant to subsection 237 (1) of the Municipal Act, 2001.
A3.2If the number of members, who by reason of the Municipal Conflict of Interest Actare ineligible to vote, is such that there is no quorum, despite any other Act, any number that is not less than one-third of the total number of members of the council, committee, or board shall be deemed to constitute a quorum, but the number shall not be less than two.
A3.3Unless a quorum is present within fifteen (15) minutes after the time appointed for the meeting of the Council, the Council shall stand adjourned either until a special meeting is called to deal with the matters intended to be dealt with at the adjourned meeting, or until the convening of the next regular scheduled meeting of the Council.
A4INAUGURAL MEETING
A4.1The first or inaugural meeting of a new Council shall be held on the first Monday in December at 7:00 p.m. in the Municipal Council Chambers. In the event it is necessary to cancel the scheduled inaugural meeting, the Mayor-Elect shall decide upon the next suitable date and time for the Inaugural Meeting of Council to be held.
A4.2The Inaugural meeting of the new Council shall be opened with a prayer, the officiating clergyman to be selected by the Mayor-Elect.
A5REGULAR MEETINGS
A5.1Except as may be determined under subsection A8.4 hereof, all regular meetings
of Council shall be convened in the Council Chambers on the first (1st) and third (3rd) Mondays of every month at seven o’clock in the evening (7:00 p.m.).
A5.2Where such Monday is a holiday within the meaning of the Interpretation Act,
the Council shall meet on the business day next following the regular day of the meeting and at the same time as specified in subsection A5.1 above, unless there are five Mondays in the month and then the meeting dates will be one week later.
A5.3Notwithstanding the provisions of subsection A5.1 and A5.2, where the regular meeting of the Council falls on a day which has been designated as Election Day for the holding of municipal elections, the regular council meeting shall be held on the business day next following.
A5.4Regular meetings of Council shall not extend beyond the hour of 11:00 p.m. unless otherwise determined by a vote of two thirds (2/3)of the members present.
A5.5Council may, by by-law, change the regularly scheduled meeting day provided that notice of the change is announced in advance.
A5.6 Notwithstanding A5.5 Council may, by resolution, change an individual regularly scheduled meeting day provided the notice of the change is announced in advance.
A5.7The Council may, by resolution, provide that meetings may be held at a place other than at the Town of South Bruce Peninsula Council Chambers, including an adjacentmunicipality.
A5.8Planning Committee/Committee of Adjustment Meetings will be held on the regularly scheduled days for Committee of the Whole at 1:00 p.m.
A5.9Notwithstanding A5.8 should there be no applications scheduled the regular agenda items for that days Committee of the Whole meeting would continue at1:00 p.m.
A6ABSENTEEISM AND LEAVE OF ABSENCE
A6.1All members will endeavour to provide substantive notice of such absence to the Mayor andClerk at least forty-eight (48) hours prior to the commencement of the meeting from which the member shall be absent.
A6.2Council members will be allowed three elected days per calendar year to not attend meetings. Any council member missing more than three meetings of regular Council, regular Committee of the Whole and/or Planning/Committee of Adjustment meetings without a good reason shall be penalized $150.00 for the meeting missed. Council shall determine the “for good reason” and their decision is final. The Manager of Financial Services will keep track of monthly meetings not attended.
A6.3Where a member is absent from the meetings of Council for three successive months without being authorized to do so by a resolution of Council, the office of that member shall be declared to become vacant and procedures as set out in Section 263 of theMunicipal Act, 2001 shall apply.
A6.4If a member desires to leave a meeting of Council or Committee of the Whole prior to adjournment, and not return thereto, he/she shall so advise the Mayor at the beginning of the meetingand the time of his/her departure shall be recorded in the minutes.
A7NOTICE OF REGULAR MEETINGS AND AGENDA
A7.1Notice shall not be required to be given of regular meetings of the Council unless the day of the meeting is other than that provided in this by-law. The mailing out or delivery of agendas therefore shall be considered as adequate notice of such regular meetings.
A7.2The Clerk will endeavour to ensure that agendas are delivered to each member of Council not later than forty-eight (48) hours prior to a regular meeting of Council.
A7.3The agenda for a Council meeting will be posted on the municipal website. Paper copies will be made available to members of the public at the time the meeting commences.
A7.4All confidential reports shall be distributed to Council members in paper copy or by confidential link to the e-agenda.
A8SPECIAL MEETINGS
A8.1The Mayor or in the absence of the Mayor, the Deputy Chair, may at any time call a special meeting or upon receipt of a petition of the majority of the members ofthe Council, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition.
A8.2At least forty-eight (48) hours notice of all special council meetings shall be given by the Clerk. Such notice shall be hand delivered, transmitted by facsimile or via E-mail, or telephone, to the members of Council.
A8.3At special meetings of the Council, it shall not be competent to consider or decide upon any matter unless such matter has been listed in the notice calling the meeting.
A8.4Special meetings of committees and boards may be called by the Chair if it is considered necessary to do so, and by the Clerk whenever requested in writing to do so by a majority of the members composing such committees.
A8.5Notwithstanding the provisions of subsection A8.2, in the event of a bona fide emergency, a 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, personal contact or e-mail as determined by the Clerk.
A9COMMENCEMENT OF MEETINGS
A9.1Subject to Section A3, as soon after the hour of meeting as there shall be a quorum present, the Mayor shall take the Chair and call the members present to order.
A9.2Upon the absence of the Mayor and the Deputy Chair, the next scheduled Deputy Chair shall act as the presiding officer, who, during such absence shall assume the responsibilities and have the powers of the Mayorunder this by-law.
A10ORDER OF BUSINESS
A10.1The Business shall in all cases be taken up in the general order in which it stands upon the agenda, unless otherwise determined upon a vote of the majority of the members present, and all questions relating to the priority of business shall be decided without debate.
REGULAR COUNCIL MEETINGS
The order of business for Regular Meetings of the Council shall be:
(1) Call to Order
(2) Roll Call
(3) Minute of Silence
(4) Notice of Pecuniary Interest and general nature thereof
(5) Public Notice/General Announcements
(6) Previous meeting’s minutes
(7) Delegations
(8) Separate Resolutions
(9) General Business Resolutions – Schedule “A”
(10) Miscellaneous Correspondence and Recommendations – Schedule “B”
(11)Payment of Accounts
(12)By-laws
(13) Notice of Motion (in writing only)
(14)Upcoming Meetings
(15)“Closed Session” (If resolution passed)
(16) Motion to Adjourn
SPECIAL COUNCIL MEETINGS
The order of business for Special Meetings of Council shall be:
(a) Call to Order
(c) Declaration of Pecuniary Interest and general nature thereof
(d) Business for which the special meeting is called
(e) Adjournment
A11MINUTES
A11.1The minutes of such proceedings shall not record any discussion undertaken in the course of a meeting, but shall only record decisions of the Council expressed in resolution form and shall record all such resolutions including those which are affirmatively voted upon by a majority of the Council members present and those motions which are defeated.
A11.2Presentations, delegations, petitions, and communications received by the Council in the course of a meeting shall only be referred to in a brief and summary manner.
A11.3The adoption, by resolution, of the minutes of each and every regular and special meeting of the Council shall be subsequently ratified and enacted by a confirmatoryby-law.
A12COMMUNICATIONS AND PETITIONS TO COUNCIL
A12.1Every communication or petition intended for presentation to the Council must be legibly written, typed or printed and signed by at least one (1) person. The Clerk shall list with the agenda only those communications and petitions received prior
to 12:00 (noon) on the Wednesday preceding the regular Council meeting. Correspondence containing obscene or defamatory language shall not be presented to the Council.
A13INFORMATION REQUESTS BY COUNCIL MEMBERS
A13.1 Any individual Council member requesting information from staff must provide the request in writing stating the reasons for the request and how the information is to be used. If the matter is one of considerable significance to the Town, the request will be discussed with Council during Committee of the Whole to ensure that there is agreement on what is to be provided, and that it is provided to all of Council at one time. The request should be directed to the C.A.O. who will in turn direct to the appropriate staff member.
A14GENERAL BUSINESS RESOLUTION – SCHEDULE “A” AND MISCELLANEOUS CORRESPONDENCE AND RECOMMENDATIONS – SCHEDULE “B”
A14.1 Notes from Committee of the Whole meetings and Public Planning Meetings will be placed on the agenda under a General Business Resolution and will be
considered en-masse (with one motion) and without amendment or debate.
A14.2Miscellaneous correspondence and recommendations will be considered en-masse (with one motion) and without amendment or debate.
A14.3Members of Council, may request one or more items be removed from the General Business resolution or the Miscellaneous Correspondence and recommendations resolution for separate discussion and action, and this shall be without amendment or debate.
A15BY-LAWS
A15.1No by-law except a by-law to confirm the proceedings of Council shall be presented to Council unless the subject matter thereof has been considered by Council. In general, all by-laws must initially be placed on Committee of the Whole prior to proceeding to Council for consideration.
A15.2Every by-law shall have three readings prior to being passed. If any member of the Council requires that the by-law be read in its entirety, the by-law shall be so read. If a request is not received for the reading of a by-law in its entirety, the by-law number and preamble only may be read for the first, second and third readings of the by-law.
A15.3All by-laws shall be introduced by way of one consolidated motion, specifying the title and preamble of each of the by-laws and indicating that all by-laws shall be read a first and second time.
A15.4The first and second reading of a by-law shall be decided without amendment or debate.
A15.5After the first and second reading of a by-law, any member of Council may ask to debate the by-law, and that by-law shall be referred to Committee of the Whole under “Items Referred from Council or Committee of the Whole” for further debate. All other by-laws included in the resolution shall be presented, under separate motion for each, to be read a third time and passed.
A15.6In general the first and second reading of the by-law will be done at one meeting with the third reading at the following meeting.
A15.7Notwithstanding A15.6 all three readings of a by-law may take place at the same Council meeting if two thirds (2/3) of the members agree.
A15.8Every by-law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete.
A15.9If Council so determines, a by-law may be taken as read at any stage of its presentation.
A15.10The Clerk shall set out on all by-laws enacted by Council the date of their readings and passage.
A15.11Each and every by-law passed by the Council shall be printed, signed by the Clerk and by the Head of Council or presiding officer at the meeting at which the by-lawwas passed, and shall be sealed with the seal of the Corporation.