Procedural By-law 2023-18 (Consolidated)

A By-law to Provide Rules Governing the Calling, Place and Proceedings of Meetings of Council, Local Boards and Committees and the Conduct of its Members;

1.1 Definitions 

Where a word is used in this By-law with its first letter capitalized, the term is being used as it is defined in this section. Where a word appears in ordinary case, its regularly applied meaning in the English language is intended.

(a) “Chief Administrative Officer” means the Chief Administrative Officer as referred to in Section 229 of the Municipal Act, of the Town of Bradford West Gwillimbury, who may also be referred to as the Town Manager.

(b) “Clerk” means the Clerk of the Town of Bradford West Gwillimbury as appointed pursuant to Section 228 of the Municipal Act.

(c) “Committee of the Whole” means Council sitting as a committee in that portion of a Council Meeting where:
     i. members consider and debate matters in an environment that procedurally is more
        relaxed than the formal portion of a Council Meeting; and
     ii. substantive motions adopted therein are not deemed to represent the final decision of
        Council until confirmed by resolution of Council.

(d) “Committee” means any standing, advisory or other committee, subcommittee or similar entity established by Council.

(e) “Council” means the Municipal Council of the Town of Bradford West Gwillimbury.

(f) “Electronic Participation” means participation in a Meeting from a remote location by such electronic means or service as determined and provided by the Clerk, provided that such participation can be via video so that the member may be seen by the public, and “participate electronically” has a corresponding meaning;”

(g) “Emergency” means a situation or the threat of an impending situation adversely affecting property and/or the health, safety and welfare of the community or the Town, which by its nature and magnitude requires a timely, coordinated, and controlled response;

(h) “Local Board” means any board established by Council but does not include the Police Services Board or the Library Board.

(i) “Mayor” means the Mayor of the Town of Bradford West Gwillimbury.

(j) “Meeting” means any regular, special or other meeting of Council, or a committee of Council, or a Local Board or a committee of the Local Board.

(k) “Member” means any member of Council, a Local Board or a Committee of the Town of Bradford West Gwillimbury.

(l) “Newspaper” means a printed publication in sheet form, intended for general circulation in the Town of Bradford West Gwillimbury, published regularly at intervals of no longer than one week, consisting in great part of news of current events of general interest.

(m) “Official” or “Staff” means any salaried Officer, Clerk or worker in the employ of the Town of Bradford West Gwillimbury.

(n) “Presiding Officer” or “Chair” means the person, appointed in accordance with this By-law, who presides over Meetings of Council, a Local Board or Committee, and who is responsible to conduct the Meeting in an orderly fashion.

(o) “Recorded Vote” means the recording by the Clerk in the minutes, the name and vote of every Member on any matter or question.

(p) “Rules” means the rules of procedure and order as set out in this By-law.

(q) “Substantive Motion” means any motion, except a motion to:
     i. recess;

     ii. postpone;

     iii. refer;

     iv. extend the meeting;

     v. close debate;

     vi. enter into Committee of the Whole

     vii. rise and report;

     viii. change the order of business;

     ix. adjourn; or

     x. any other procedural rule incidental to the proceedings of the meetings at that time.

(r) “Town” means The Corporation of the Town of Bradford West Gwillimbury or its geographic boundaries as the situation requires.

(s) “Town Hall Meeting” means any public information session held by The Corporation of the Town of Bradford West Gwillimbury to discuss topics of interest or allow questions from residents of the Town.

1.2 Number and Gender

Wherever this By-law refers to a person or thing with reference to gender or the gender neutral, the intention is to read the By-law with the gender applicable to the circumstances. References to items in the plural include the singular, as applicable.

1.3 Headings

Headings are inserted for ease of reference only and are not to be used as interpretation aids.

1.4 Legislation

Specific references to law in this By-law are printed in Italic font and are meant to refer to the current laws applicable within the Province of Ontario as at the time the By-law was enacted, as they are amended from time to time. In all cases, the reference includes the statute, as amended from time to time, including successor legislation.

1.5 General Meeting Procedure

In any matter of procedure for which provision is not made in this By-law, the procedure to be followed shall be, as near as may be applied, the procedure followed in “Meeting Procedures: Parliamentary Law and Rules of Order for the 21st Century” by James Lochrie.

1.6 Short Title

This By-law may be referred to as the “Procedural By-law”

2.1 Except as otherwise provided in this By-law, the provisions of this By-law shall be observed in all Meetings of Council and by its Members, and shall constitute the rules for the order and dispatch of business by Council and its Members.

2.2 The provisions of this By-law shall not apply to Town Hall Meetings which may be scheduled from time to time by the Mayor or CAO to provide information to the community and answer questions about a specific topic. Such Town Hall Meetings shall not be considered a Meeting for the purposes of this By-law.

3.1 It shall be the duty of Members to:

     (a) attend all Council Meetings;

     (b) prepare for meetings, including reviewing meeting agendas and background information
          prior to the meeting;

     (c) speak to only the subject under debate;

     (d) vote on all motions before Council unless prohibited from voting by law;

     (e) observe the Rules at all meetings

     (f) work through the Presiding Officer at meetings;

     (g) support Council and not criticize any decision of the council except for the purpose of
          moving that the question be reconsidered or repealed;

     (h) attend all meetings of committees and local boards to which the Member has been
          appointed by Council;

     (i) carry out the duties set out in the Municipal Act and all other applicable Acts; and

     (j) act in accordance with their Declaration of Office.

3.2 No Member shall divulge to any person any information that pertains to any aspect of any discussion or direction of Council that was given or provided at a closed Meeting of Council.

3.3 Should any Councillor be unable to perform any of their duties for an extended period of time, the Councillor shall advise the Mayor forthwith, and in the case of the Mayor being unable to perform any of his/her duties for an extended period of time, the Mayor shall advise Council. Except for an absence permitted by subsection 259 (1.1) of the Municipal Act, A Member must seek authorization of Council pursuant to s.259 (1) (c) if their absence is greater than three successive months otherwise their office become vacant.

3.4 Members shall abide by the Council Code of Conduct, as amended from time to time, when representing the Town

4.1 Meeting Place

(1) Council Meetings shall be held in the Council Chambers adopted and used by the Council from time to time for such purpose or any other locations identified by Council. Such alternate location may include Council Meetings conducted wholly or partially via electronic participation. Despite the foregoing, the Mayor may authorize a special Council Meeting to be held at a location other than the Council Chambers currently adopted.

(2) Where the Council Chambers currently adopted are not available for a meeting due to an unforeseen circumstance or due to renovation or similar impediment, the Mayor shall designate another location that is accessible to the public for purposes of holding Council Meetings. Such alternate location may include Council Meetings conducted wholly or partially via electronic participation.

4.2 Inaugural Meeting of Council 

(1) The Inaugural Meeting of Council shall be held at a time and date set by the Clerk in consultation with the incoming Council but not later than 31 days after the Council term commences.

(2) At the Inaugural Meeting, Members shall take the Declaration of Office, unless circumstances require Member(s) to take the Declaration of Office earlier.

4.3 Regular Council Meetings

(1) Regular Council Meetings shall be held on the 1st and the 3rd Tuesdays of each month, except in the month of July, or as otherwise set by Council from time to time.

(2) Regular Council Meetings shall commence at 7:00 p.m. except as otherwise set by Council from time to time.

(3) Where a conflict between the scheduled date or time of a Regular Council Meeting and another event of significance arises, the Clerk in consultation with the Mayor may cancel the Council Meeting or reschedule the meeting to a different date or time of commencement provided that adequate notice of the change is posted pursuant to the notice of meeting provisions.
 

(4) Staff may recommend the cancellation of a Meeting when there are insufficient agenda items but shall confirm with the appropriate Chair prior to notification of cancellation of the Meeting.

4.4 Special Council Meetings

(1) Special Council Meetings may be held from time to time and may be initiated by:

     (a) the Mayor;

     (b) a petition or a vote of the majority of the Members; or

     (c) the Clerk, in consultation with the Chief Administrative Officer.

(2) The date, time, and location of a Special Council Meeting shall be set by the Clerk in consultation with the Mayor or by petition or vote of the majority of the Members.

(3) No business except the business dealing directly with the items listed on the meeting agenda shall be transacted at a Special Council Meeting.

4.5 Closed Council Meetings

(1) A Closed Council Meeting is a meeting of Council from which members of the public shall be excluded, and shall be held in accordance with the provisions of this By-law and the Municipal Act.

(2) Closed Council Meetings may be initiated by:

     (a) the Mayor;

     (b) petition or vote of the majority of the Members; or

     (c) the Clerk, in consultation with the Chief Administrative Officer.

(3) The date, time, and location of a Closed Council Meeting shall be set by the Clerk in consultation with the Mayor or by petition or vote of the majority of the Members.

(4) A Closed Council Meeting may be held if the subject matter being considered relates to an exception listed in section 239 of the Municipal Act.

(5) No matter except the matters so identified in the motion authorizing the Closed Council Meeting shall be transacted at that meeting.

4.6 Meeting Agendas

(1) The Clerk shall cause to be delivered to each Member a meeting agenda for each Council Meeting, to the address, or in the case of electronic agendas, to the email address or via such electronic means, provided by the Member to the Clerk:

     (a) in the case of Regular Council and Committee of the Whole Meetings, no less than 5
          days before the date appointed for the holding of such meeting; and

     (b) in the case of Special and Closed Council Meetings, no less than 48 hours before the
          hour appointed for the holding of such meeting.

(2) In preparing a meeting agenda, the Clerk shall consult with the Mayor and the Chief Administrative Officer, and shall reflect the direction of the Mayor and the Chief Administrative Officer in finalizing the meeting agenda.

(3) With the approval of the Mayor, the Clerk may provide a meeting agenda for a Special Council Meeting or a Closed Council Meeting at the meeting where time constraints do not allow the meeting agenda to be delivered to the Members at least 48 hours before the hour appointed for the holding of such meeting.

(4) As soon as possible after a meeting agenda has been delivered to Members, with the exception of agendas for Closed Council Meetings, the Clerk shall make the meeting agenda available to the public, and shall:

     (a) maintain copies of the meeting agenda in the Clerk’s office for use by the public; and

     (b) post the meeting agenda on the Town’s website.

(5) After publication of the Agenda, the Clerk may prepare a Revised Agenda containing any minutes, correspondence, Motions, reports, by-laws or additional information required for the Meeting or which are required to be added due to their time sensitive nature.

4.7 Meeting Minutes 

(1) The Clerk shall prepare and maintain minutes of all Council Meetings, to include:

     (a) the date, time and place of the Council Meeting;

     (b) the names of Presiding Officer or Officers and record of attendance of the Members;

     (c) the names of members of the public who spoke or presented at a statutory public
          meeting as required by any Act and the names of members of the public who spoke or
          appeared as Deputations or in Open Forum, if applicable;

     (d) the reading, if requested, correction and adoption of the minutes of prior Council
          Meetings; and

     (e) without note or comment, all resolutions, decisions and other proceedings of the
          Council Meeting, whether the Meeting is closed to the public or not. 

(2) The Clerk shall maintain a record of all minutes of Council Meetings in the Clerk’s office that shall be signed by the Mayor and the Clerk upon approval of the same by Council which, with the exception of minutes of Closed Council Meetings, shall be available for public viewing.

4.8 Electronic Participation 

(1) Any member who is not physically present in the location where a Meeting takes place is permitted to participate electronically in both open and closed Meetings and shall have the same rights to speak and vote as if the Member was physically present.

(2) The Chair or Clerk may determine at any time that Electronic Participation will be required for all Members attending a Meeting.

(3) All portions of the Meeting held in open session will be live streamed or made available online to the public as soon as possible after the Meeting, including those portions where a Member participating electronically is speaking. No Meeting held in open session shall be invalidated by reason that the live stream or video cannot be made available to the public due to technical difficulties or other reasons.

(4) The Clerk shall be required to be physically present in the location where any Meeting with Electronic Participation takes place, unless such meeting is conducted wholly via electronic participation and then such location may be determined by the Clerk based on the requirements of the electronic means or service being utilized for the Meeting.

(5) Members are requested to notify the Clerk twenty-four (24) hours in advance of any Meeting at which they intend to participate electronically.

(6) All Meetings conducted wholly or partially via Electronic Participation shall follow the Protocol for Electronic Participation established by the Clerk from time to time.

5.1 Open Meetings

Except as authorized under any Act, all Council Meetings shall be open to the public.

5.2 Quorum 

(1) A majority of the whole number of the Members required to constitute Council is necessary to form a quorum, except as may otherwise be authorized pursuant to the provisions of the Municipal Conflict of Interest Act.

(2) If no quorum is present within fifteen (15) minutes after the time appointed for a Council Meeting, the Clerk shall record the names of the Members present and the meeting shall stand adjourned.

(3) All Members who participate electronically shall be counted in determining whether or not quorum of Members is present.

(4) If for any reason an individual Member’s or multiple Members’ electronic connection to the Meeting fails during the proceedings, a brief recess may be called in order for staff to assist the Member in re-establishing it. If the connection cannot be re-established, staff will contact the Member by telephone to advise them. If the electronic connection fails to such a degree that quorum is lost, the Meeting shall stand in recess until such time as the connection is re-established. If the connection cannot be reestablished to the point where a quorum can be maintained or within fifteen (15) minutes after connection is lost, the Meeting shall stand adjourned and any items of business shall be carried over to a future Meeting.

5.3 Presiding Officer 

(1) Except as otherwise provided in this By-law, the Mayor shall preside at all Council Meetings.

(2) In the case of the absence of the Mayor, or if he is absent through illness, or he refuses to act or his office is vacant, or declares a conflict of interest (any of the foregoing hereinafter referred to as "absent"), the Deputy Mayor shall act in the place and stead of the Mayor, save that should the Mayor and the Deputy Mayor be absent, then in numerical order by Ward, a Member of Council has the option to assume the position of Presiding Officer.

(3) The Deputy Mayor or any Council Member acting in the place and stead of the Mayor shall have all the rights, powers and privileges of the Presiding Officer.

(4) The Deputy Mayor shall preside over Committee of the Whole, and in the absence of the Deputy Mayor, then in numerical order by Ward, a Member of Council has the option to assume the position of Presiding Officer The Deputy Mayor shall appoint another Member of the Committee of the Whole to act as Chair while he is speaking to a question or while he is temporarily absent from the meeting.

 6.1 Order of Business

(1) The Clerk shall cause to be prepared for Regular and Special Council Meetings a meeting agenda that conforms to the following order of business:

     1. Call to Order

     2. Adoption of Agenda

     3. Disclosure of Pecuniary Interest and the General Nature Thereof

     4. Closed session (if necessary)

     5. Presentations

     6. Public Meetings

     7. Deputations

     8. Open Forum

     9. Adoption of Minutes and Committee of the Whole Recommendations

     10. Correspondence

     11. Staff Reports

     12. Request for Staff Reports

     13. Committee of the Whole

     14. Consideration of Committee Minutes and Recommendations

     15. New Business

     16. By-laws

     17. Announcements

     18. Motions/Notice of Motions

     19. Confirm Proceedings By-law

     20. Adjourn

(2) Council may, at any point within a Council Meeting, adopt a motion to go into closed session to consider matters in accordance with the provisions of Part 4.5(4) of this By-law.

(3) Council shall dispense with the business of Council in the order by which it is presented in the meeting agenda, except Council may by consent change the order of business.

(4) For Special Council Meetings, the Clerk may dispense with any one or more agenda items 2 and 5 through 19 inclusive as set out in Part 6.1(1) of this By-law.

6.2 Opening Procedure

(1) As soon after the appointed time of the Council Meeting as there shall be a quorum present, the Mayor or such other Presiding Officer appointed as set out in Part 5.3 of this By-law shall take the Chair and:

     (a) call the Members to order; and

     (b) direct those assembled in a moment of contemplation.

(2) A Land Acknowledgement shall be read by the Mayor or such other Presiding Officer appointed as set out in Part 5.3 of this By-law.

(3) The singing of ‘O Canada’ shall be included as part of the opening procedure at the Inaugural Meeting of Council and other meetings as may be determined by the Mayor.

6.3 Adoption of Agenda

(1) Where an item is not on the agenda but due to its urgent nature requires Council consideration at the Council Meeting, the item will be presented via a Revised Agenda which will be adopted by resolution.

(2) Items added to the agenda by adoption of the Revised Agenda shall be placed under the relevant agenda heading for consideration.

6.4 Disclosure of Pecuniary interest 

(1) Where a Member has a pecuniary interest pertaining to any item listed on a meeting agenda, the Member shall so disclose the pecuniary interest and the general nature thereof, leave the Council Chambers for the duration of the discussion on the matter and the Clerk shall record the declaration in the minutes.

(2) Members shall disclose any pecuniary interest and the general nature thereof with respect to any item discussed at a Closed Council Meeting or at a previous Council Meeting at which the Member was absent, and shall provide such declaration in writing to the Clerk, and the Clerk shall record the declaration in the minutes.

(3) During a Council Meeting, should a matter be raised that is not listed on the meeting agenda for which a Member has a pecuniary interest, the Member shall so declare such interest and the general nature thereof at that time, leave the Council Chambers for the duration of the discussion on the matter and the Clerk shall record the declaration in the minutes.

(4) At a Meeting at which a Member discloses an interest, or as soon as possible afterwards, the Member shall file a written statement of the interest and its general nature with the Clerk.

(5) Where a Member has a non-disqualifying interest pertaining to any item listed on a meeting agenda, the Member may participate in the decisionmaking processes provided they file a Transparency Disclosure form with the Clerk. The Clerk records the Transparency Disclosure in the minutes and makes it available for public viewing on the Town website.

6.5 Public Meetings

(1) Where Council is required by law to hold a statutory public meeting, or otherwise has resolved to hold a public meeting, such a meeting may be conducted at a Regular or Special Council Meeting and may be conducted via electronic participation.

(2) The Clerk shall ensure that public meetings are incorporated in the meeting agenda as appropriate to address any requirements of law as may apply.

(3) During a public meeting, any person wishing to address Council may come forward when prompted by the Presiding Officer, and such person shall address Council according to the same rules as apply to deputations appearing before Council under this By-law, except that:

     (a) prior notice of one’s desire to speak shall not be required; and

     (b) a motion need not be considered by Council following each presentation.

(4) If the Chair or Clerk determine that a public meeting is to be held wholly electronically, a member of the public may make an oral statement by electronic participation according to the Protocol for Electronic Participation established by the Clerk from time to time.

6.6 Deputations

(1) Persons desiring to present information verbally on matters of fact or make a request of Council shall give written notice accompanied by a written brief outlining the subject matter of presentation to the Clerk by no later than 4:30 p.m. on the Tuesday preceding the date of the next Regular Council Meeting. All requests for Deputation shall be reviewed by the Clerk to ensure they comply with the provisions of this section and approved by the CAO. Deputations may not be immediately scheduled but may initially be referred to a member of Council or staff for review.

(2) If the Chair or Clerk determine that a meeting is to be held electronically, a member of the public may make a deputation by electronic participation in accordance with the Protocol for Electronic Participation established by the Clerk from time to time.

(3) If circumstances do not allow a member of the public to appear or speak in person, a member of the public may delegate a person to speak on their behalf. Alternatively, a written deputation may be submitted to the Clerk pursuant to the deadline noted in Part 6.6(1).

(4) Persons wishing to appear as a Deputation and who are not listed on the agenda may appear as a Deputation with support from the majority of the Members present.

(5) Persons appearing as a Deputation shall be limited to a maximum of ten (10) minutes speaking time, and where a Deputation consists of more than one person, all persons combined shall be limited to two (2) speakers and a maximum of fifteen (15) minutes speaking time, but the Presiding Officer may grant permission to any Deputation to speak for longer than the time allotted.

(6) A Deputation may be refused when the subject of the presentation is:

(a) beyond the jurisdiction of the Town of Bradford West Gwillimbury;

(b) a matter before the courts, pending litigation or an active By-law Enforcement matter;

(c) a matter that is under investigation by either the Ombudsman or Integrity Commissioner;

(d) a matter involving insurance claims or pending claims by or against the Town;

(e) an appeal by a vendor or service provider who was not the successful proponent for an award of contract; or

(f) a complaint against an employee or member of Council of the Town of Bradford West Gwillimbury which shall follow processes established for this purpose outside of Council.

(7) No person will be permitted to address Council with respect to labour/management disputes, nor will a brief respecting such disputes be listed on a Council agenda, although a written submission by any person with respect to labour negotiations or labour management disputes may be distributed to the Members for information purposes.

(8) Council has the discretion to close a meeting to the public during a Deputation if the subject matter being considered relates to matters listed in Part 4.5(4).

(9) During or following a Deputation, Members may ask specific questions relating to the presentation for the purpose of clarification without statement or comment.

(10) Following a Deputation, Council may adopt a motion:

     (a) to receive;

     (b) to refer to another item listed on the meeting agenda;

     (c) to refer to a Committee, Local Board or Town staff for a report; or

     (d) that was requested by the Deputation or is a substantive motion regarding the matter
          presented.

6.7 Open Forum 

(1) Open Forum provides an opportunity for the public to address Council in open session during a Council Meeting. Matters to be raised by the public under Open Forum shall be permitted at the discretion of Council.

(2) Individuals shall be permitted five (5) minutes to address council. Open Forum shall be limited to twenty (20) minutes. The Chair may limit the participants for Open Forum that are addressing the same matter. (Amended by by-law 2024-85)

(2) Individuals shall be permitted five (5) minutes to address Council. Open Forum shall be limited to sixty (60) minutes. Open Forum may be extended for an additional thirty (30) minutes and shall be permitted at the discretion of Council. The Chair may limit the participants for Open Forum that are addressing the same matter.

(3) Open Forum matters must pertain to a matter on the Council or Committee of the Whole Meeting agenda.

(4) Members shall not engage in discussion or debate during Open Forum.

(5) If the Meeting is being conducted wholly via electronic participation, a member of the public may make a written submission for Open Forum according to the Protocol for Electronic Participation established by the Clerk from time to time.

(6) The following matters will not be permitted during Open Forum:

     (a) discussion and complaints against Members or Town staff;

     (b) discussion that is contrary to the Municipal Freedom of Information and Protection of
          Privacy Act;

     (c) matters before the courts or pending litigation;

     (d) matters involving insurance claims or pending claims by or against the Town;

     (e) matters beyond the jurisdiction of Council or the Town; and

     (f) requests for grants and donations.

(7) No decisions will be made as a result of a presentation received during Open Forum. The matter may be referred to staff to investigate and prepare a report under Request for Staff Report or by Notice of Motion.

6.8 Approval of Minutes and Committee of the Whole Recommendations 

(1) Council shall approve the minutes of previous Council Meetings as to form and substance by resolution. Such approval is not required for the actions taken during the previous meeting to be effective.

(2) Council may adopt the minutes and/or all Committee of the Whole recommendations in one motion by consent, but prior to consideration of such motion, Members may request that specific items be removed from consideration under such motion and Council shall consider such items individually.

(3) Where any Member identifies an error in the minutes of a previous Council Meeting, the Member shall so advise Council and Council shall correct the minutes prior to approval, and the Clerk shall so note such change in the minutes.

6.9 Correspondence 

(1) Items of correspondence or other forms of written communication intended to be presented to Council on the meeting agenda, including petitions:

     (a) shall be legibly written or printed;

     (b) shall not contain any obscene or improper language; and

     (c) shall contain the signature of at least one person.

(2) To be eligible to appear on a meeting agenda, items of correspondence shall be received by the Clerk no later than 4:30 p.m. on the Tuesday preceding the date of the next Regular Council Meeting. Notwithstanding the foregoing, items of correspondence received after this time may be added to the meeting agenda by resolution of Council where such item of correspondence is germane to a matter of business that is on the Meeting agenda or is of a time-sensitive nature.

(3) Upon consideration of any item of correspondence, Council may adopt a motion to:

     (a) receive the item of correspondence;

     (b) refer the item of correspondence to another item listed on the meeting agenda;

     (c) refer the item of correspondence to a Committee, Local Board or Town staff for a
          report; or

     (d) may consider a substantive motion with respect to the same.

(4) The meeting agenda shall not include under Correspondence matters that are principally for the information of Council and that do not by necessity require action or response from Council.

(5) The meeting agenda shall include under Correspondence matters that are requesting a specific action. These items will be added to the agenda with a recommendation to be considered by Council. Council may adopt such Correspondence items by one motion by consent, but prior to consideration of such motion, Members may request that specific items be removed from consideration under such motion and Council shall consider such items individually.

(6) Items of correspondence shall be directed to Council and added to an agenda by Town Staff in accordance with the Correspondence Protocol established by the Clerk.

6.10 Staff Reports or Requests for Staff Reports

(1) After consultation with the Mayor and CAO, any Member may request Staff to prepare a report pertaining to any issue. Council by resolution shall direct staff as requested and shall provide direction as to when the report is required to be presented and the format of the report.

6.11 Committee of the Whole 

(1) Council by resolution may resolve itself into Committee of the Whole in order to consider items under the Committee of the Whole agenda.

(2) The Committee of the Whole agenda shall include items that warrant individual attention from Council, typically consisting of items where:

     (a) a change in policy or new policy is proposed;

     (b) a deputation relating thereto is scheduled;

     (c) procurement policies or procedures so stipulate;

     (d) the staff recommendation requires Council to choose from a range of options; or

     (e) the item relates to a matter of significance in the community. Items that require the
          immediate consideration by Council due to their time- sensitive nature or to facilitate
          the actions of Committees shall be placed directly on a Regular Council agenda.

(3) The Rules shall be observed in Committee of the Whole so far as may be applicable, except that Members shall not be limited in the number of times they may speak to a motion as long as new information is being discussed.

(4) Substantive motions adopted in Committee of the Whole will be recorded as recommendations and are not deemed to represent the final decision of Council until the recommendations are approved and minutes are adopted at its next Regular Council Meeting.

(5) Upon completion of business in Committee of the Whole, the Committee of the Whole shall adjourn and Council shall thereupon reconvene in Regular session.

6.12 Consideration of Committee Minutes and Recommendations

(1) The Clerk shall ensure that minutes of all Committees are placed on the next Regular Council Meeting agenda as soon as practicable. Council shall receive the minutes by resolution.

(2) All recommendations contained within those committee minutes requiring Council action will be placed on the agenda as the next item of business following the minutes for Council consideration.

(3) Council may adopt the minutes and/or Committee recommendations in one motion by consent, but prior to consideration of such motion, Members may request that specific items be removed from consideration under such motion and Council shall consider such items individually.

6.13 Motions/Notice of Motions

(1) The Clerk shall ensure that proposed motions, for which Notice of Motion has been given, or that otherwise failed to secure the requisite minimum two-thirds vote for items raised in New Business at a previous meeting, are included in full in the meeting agenda.

(2) Any Member may provide notice of his/her intent to introduce a motion for the consideration of Council at the next Regular Council Meeting by giving notice to Council during Notice of Motions that the Member intends at the next Regular Council Meeting to introduce a motion with respect to a matter so declared.

(3) Any motion may be introduced without providing notice of motion if Council dispenses with notice by a two-thirds vote.

6.14 New Business 

(1) Under New Business, Council shall consider items raised by a Member that, in the opinion of the Member, are of urgent concern and within the jurisdiction of Council, or are of general interest.

(2) Under New Business, substantive motions may be introduced with respect to new items but to be considered by Council without issuance of a Notice of Motion, a motion to consider an item shall be supported by minimum two-thirds vote, failing which the proposed resolution shall be placed on the meeting agenda under Motions/Notice of Motions for consideration at the next Regular Council Meeting. If the motion to consider a new item is supported by a two-thirds vote, then the next order of business is consideration of the new item.

6.15 By-laws

(1) Under By-laws, the meeting agenda shall list all proposed by-laws to be placed before Council for consideration.

(2) No By-laws except a by-law to confirm the proceedings of council shall be presented to Council unless the subject matter thereof has been previously considered and recommended to Council, unless such by-law is of an administrative nature and/or authorized by the Chief Administrative Officer or designate.

(3) All proposed by-laws shall be in typewritten form, numbered, and shall contain no blanks except as may be required to conform to accepted procedure or to comply with the provisions of any Act.

(4) The procedure for consideration and enactment of by-laws shall be as follows:

     (a) every proposed by-law listed on the agenda shall be considered by Council for
          enactment by one main motion, but any Member may request that a proposed             
          by-law be considered separately from other by-laws under consideration, and without   
          debate or right of appeal the Presiding Officer shall remove the proposed by-law from   
          the motion to enable the said by-law to be considered for enactment separately; and

     (b) following voting on the main motion, Members may discuss any bylaw removed from
          the main motion and Council may entertain motions to amend any provision of any
          proposed by-law, and where a motion is adopted to amend a by-law that was removed
          from the main motion, the proposed by-law shall be amended accordingly before being
          placed before Council for enactment.

(5) The Clerk may correct any typos or administrative errors that are identified within by-laws as necessary without need for further Council approval.

6.16 Announcements

(1) Under Announcements, Members may verbally introduce information respecting special events, meetings, notices, declarations or proclamations that are considered to be of general interest to the community.

(2) Any person or organization wishing to have the Mayor make an announcement respecting a special event, meeting, notice, declaration or proclamation shall forward such request to the office of the Mayor no later than 4:30 p.m. on the Tuesday preceding the date of the next Regular Council Meeting, and such request shall:

     (a) be legibly written or printed;

     (b) clearly specify the nature of the requested announcement; and

     (c) contain the signature of at least one person who is making the request; but the Mayor
          shall be under no obligation to make any announcement so requested.

6.17 Confirm Proceedings By-law

Council shall adopt a confirm proceeding by-law respecting the actions taken by Council with respect to each report, motion, resolution or other action taken by Council at a Council Meeting, and such by-law may be enacted by one motion that is not amendable or debatable.

6.18 Adjourn

(1) Council Meetings shall adjourn at the hour of 11:00 p.m. if in session at that time, unless otherwise determined by a two-thirds vote of the Members present that the meeting shall continue past the hour of 11:00 p.m.

(2) In the instance of a grave disorder arising during a Council Meeting, adjournment shall be possible at any time.

(3) If Council has not dispensed with all items on an agenda by the time of curfew, the Meeting may be recessed at any time until a future date and time without need for further notice.

7.1 Meeting Agenda for Closed Council Minutes 

(1) The Clerk shall prepare for the use of the Members at Closed Council Meetings an agenda that conforms to the following order of business:

1. Call to Order

2. Motion to go into closed session

3. Disclosure of Pecuniary Interest and the General Nature Thereof

4. Approval of Closed Minutes (if necessary)

5. Items for Consideration

6. Adjournment/Reconvene Regular Meeting

(2) Where Council elects to go into a closed session in the midst of a Regular or Special Council Meeting, the Call to Order is not necessary and the Adjournment will be a motion to return to the open session.

7.2 Opening Procedure for Closed Council Meetings

(1) As soon after the appointed time of the Meeting as there shall be a quorum present, the Mayor or such other Presiding Officer appointed as set out in Part 5.3 of this By-law shall take the Chair and:

(a) call the Members to Order; and

(b) request that Council consider a motion to go into closed session.

(2) The opening procedure shall be conducted in open session.

(3) Prior to going into closed session, Council shall adopt a resolution stating the fact of holding a closed meeting and setting out the general nature of the matter or matters to be considered at the closed meeting, or in the case of a meeting that is held pursuant to Part 4.5(4)(h) of this By-law, stating the fact of holding a closed meeting the general nature of its subject-matter, and that it is to be closed pursuant to that Section.

7.3 Disclosure of Pecuniary Interest at Closed Council Meetings

(1) Any Member, prior to any consideration of any matter at a Closed Council Meeting, shall disclose any pecuniary interest and the general nature thereof with respect to any item on the meeting agenda, and shall provide such declaration to the Clerk, and the Clerk shall record the declaration in the minutes.

(2) Any Member shall disclose any pecuniary interest and the general nature thereof with respect to any item discussed at a previous Closed Council Meeting at which the Member was absent, and shall provide such declaration to the Clerk, and the Clerk shall record the declaration in the minutes.

(3) Any Member declaring a pecuniary interest in any matter under consideration in a Closed Council Meeting shall vacate the meeting room during the time Council considers the matter.

(4) Where a Member has a non-disqualifying interest pertaining to any item listed on a closed meeting agenda, the Member may participate in the decision-making processes provided they file a Transparency Disclosure form with the Clerk. The Clerk records the Transparency Disclosure in the minutes and makes it available for public viewing on the Town website.

7.4 Procedures for Closed Council Meetings

(1) The Rules governing the procedure of Council and the conduct of Members shall be observed in Closed Meetings, with the necessary modifications.

(2) No matter shall be discussed at a Closed Council Meeting that is not consistent with the motion to go into closed session adopted during the opening procedure.

(3) If a matter arises in a Closed Meeting that a Member feels is not appropriate to consider in closed session, the Member shall be provided the opportunity to explain his/her reasons and to persuade Council to have the matter discussed in an open Council Meeting.

(4) Where, following such endeavour the majority of Council believes the matter is to be considered in closed session, the Member may withdraw from the meeting room during consideration of the matter, and the Clerk shall so note in the minutes.

8.1 Duties of the Presiding Officer 

(1) It shall be the duty of the Presiding Officer to:

(a) open the meeting by taking the Chair and calling the Members to order;

(b) announce the business before Council in the order in which it is to be acted upon;

(c) receive and submit, in the proper manner, all motions presented by the Members;

(d) put to a vote all questions which are duly moved, or arise in the course of proceedings, and to announce the result;

(e) decline to put to a vote all questions that infringe upon the Rules;

(f) restrain the Members, within the Rules, when engaged in debate;

(g) enforce on all occasions the observance of order and decorum among the Members;

(h) order any Member persisting in breach of the Rules to vacate the meeting place in accordance with the Rules;

(i) receive all messages and other communications and announce them to the Council;

(j) authenticate, by signature when necessary, all by-laws, resolutions, and minutes of Council;

(k) inform Council, when necessary or when referred to for that purpose, of a ruling on a point of order, a point of personal privilege, or of a breach of the assembly’s privileges;

(l) represent and support Council declaring its will, and implicitly obeying its decisions in all things;

(m) ensure that the decisions of Council are in conformity with the laws and by-laws governing the activities of Council;

(n) recess the meeting where necessary in accordance with the Rules;

(o) call for adjournment of the meeting when the business is concluded; and

(p) adjourn the meeting without question in the case of a grave disorder.

8.2 Rules of Decorum 

(1) No Member shall:

(a) speak disrespectfully of the Reigning Sovereign, or of any member of the Royal Family, or of the Governor-General, the LieutenantGovernor of any Province, or any Member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario

(b) use offensive words or un-parliamentary language in or against any Member or staff, or to speak disrespectfully of any Member or staff;

(c) speak on any subject other than the subject in debate;

(d) communicate with any other person electronically, other than Members participating electronically in the meeting;

(e) criticize any decision of the Council except for the purpose of moving that the question be reconsidered;

(f) disobey the Rules;

(g) disobey the rulings of the Presiding Officer or of the Council on questions respecting the interpretation or application of the Rules except for the purpose of appealing the decision in accordance with the Rules.

(2) No Member shall speak until recognized by the Presiding Officer. All Members shall speak directly into their microphone to ensure all those in attendance can hear the Member’s comments.

(3) No person except Members and Officials shall be allowed to address Council during a Council Meeting without permission of the Presiding Officer or the Council upon reference.

(4) No person, other than a Member or an Official, shall, before or during a Council Meeting, place on the desks of Members or otherwise distribute any material whatsoever unless such person is so acting with the approval of the Mayor or the Presiding Officer as applicable.

(5) When the Presiding Officer is putting a question to a vote, no Member shall leave or make a disturbance.

(6) If any Member of the Council desires to leave a Council Meeting prior to the adjournment thereof and not return, the Member shall so advise the Presiding Officer and the Member’s departure and the time thereof shall be recorded in the minutes.

(7) Should Council not maintain a quorum due to the departure of one or more Members prior to the adjournment of a Council Meeting, the Clerk shall declare the Meeting adjourned.

(8) Where any person not being a Member or an Official desires to address Council, other than as a Deputation listed on the meeting agenda, the person shall be permitted to do so only during the Open Forum portion of the Meeting or with leave of a majority of the Members present, but such approval shall not be required where a person has a statutory right to be heard by Council or Council is holding a public meeting for the purpose of receiving comments from the public.

(9) Each person who addresses Council or is in the audience shall do so in an orderly manner and shall not make personal, impertinent, slanderous or profane remarks to any member of the Council, staff or general public. Any person who makes such remarks, or who utters loud, threatening, personal or abusive language, or engages in any other disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be asked to leave the meeting and be barred from further audience before the Council during that meeting.

 (10) Once Council has dispensed with an item by vote, the same matter may not be reopened for further discussion or consideration at the same Council Meeting, except as set out in Part 8.4 of this By-law.

(11) The Presiding Officer may declare a recess at any point during a Council Meeting with the consensus of Council without the necessity of a motion, to enable any unusual circumstance or condition that has arisen to be addressed.

8.3 Rules of Procedure Respecting Motions

(1) Motions, to be considered, shall be clearly stated and shall not contain disjointed thoughts or directions that in the opinion of the Presiding Officer are excessively difficult to interpret.

(2) Where the Presiding Officer believes a motion is complex, or not clearly stated, or contains disjointed thoughts or directions, the Presiding Officer may:

(a) require the Member to put forward the motion in written form; and/or

(b) rule that such motion is out of order due to its uncertainty and not place the question before Council for consideration.

(3) The Presiding Officer shall not permit debate on a motion or put a motion to vote until the motion is formally seconded.

(4) When a motion is presented in writing, it shall be read by the Presiding Officer or the Clerk when directed by the Presiding Officer, before debate.

(5) A motion that has been duly seconded may be withdrawn subject to the following provisions:

(a) A motion can only be withdrawn by the mover with the consent of Council.

(b) Withdrawal of a motion shall be in order at any time during debate.

(c) If no Member objects to the withdrawal of the motion, the motion shall be considered withdrawn.

(d) If a Member objects to the withdrawal of a motion, a withdrawal motion shall be entertained, and if such motion receives a seconder, it shall be decided prior to consideration of any other motion.

(e) If a motion is withdrawn the effect is the same as if it had never been made.

(6) A motion containing two or more distinct proposals may be divided by leave of Council, and Council shall consider each part separately.

(7) A main motion properly before the Council shall receive disposition before any other motion can be considered, except in respect of matters listed below and according to the listed priorities, namely:

(a) to recess;

(b) to adjourn;

(c) to postpone the motion under consideration to a definite date;

(d) to postpone the motion under consideration indefinitely;

(e) to refer the motion under consideration to a Committee or staff for a report;

(f) to amend the motion under consideration; and

(g) to close debate (to end debate on the motion under consideration).

(8) A motion to recess:

(a) is permissible when there is business before Council for consideration;

(b) shall specify the length of time of the recess;

(c) is not debatable except with regard to the length of the recess; and

(d) shall be amendable with respect to the length of the recess.

(9) A motion to adjourn:

(a) is permissible except during Committee of the Whole;

(b) is not amendable;

(c) is not debatable;

(d) is not in order when a Member is speaking or during a vote; and

(e) when resolved in the negative, cannot be made again until the Presiding Officer has deemed sufficient business has been conducted by Council in the intervening time.

(10) A motion to postpone:

(a) may or may not state a definite time or date as to when the matter shall be further considered;

(b) shall apply to the main motion and to any motions to amend the main motion that are pending;

(c) is not debatable except as to date or time; and

(d) shall not be amendable except as to date or time. Where a motion to postpone is adopted without a definite time or date as to when the matter shall be further considered, Council shall not consider the matter until such time as Council, by resolution, brings back the matter for consideration.

(11) A motion to refer:

(a) shall be open to debate;

(b) may be amended;

(c) shall include the terms of referral including the time or conditions under which the matter is to be returned to Council for consideration; and

(d) may include the reasons for the referral.

(12) A motion to amend:

(a) shall be relevant to the main motion;

(b) shall not be directly contrary to or propose a direct negative to the main motion;

(c) shall be debatable; and

(d) shall not itself be amended more than once;

(e) and motions to amend shall be put to a vote in reverse order from which motions to amend are put forward, and should the motion to amend be carried, the main motion shall then be considered by Council as amended. Notwithstanding the foregoing, a motion to amend shall not be required where the mover and seconder of the main motion agree to re-word the main motion to accommodate a proposed amendment and no Member of Council objects.

(13) A motion to close debate:

(a) is not permissible until every Member present has had the opportunity to speak to the question at least once;

(b) is not amendable;

(c) is not debatable; and

(d) requires a two-thirds vote of the Members present; and upon adoption, the Presiding Officer shall forthwith put the main motion and all amendments thereto to a vote.

(14) A motion to suspend the rules:

(a) is permissible in accordance with Part 8.10 of this By-law;

(b) is not debatable;

(c) is not amendable;

(d) shall include a statement as to the purpose of the suspension;

(e) requires a two-thirds vote of the Members present; and

(f) is not permissible with regard to any statutory requirements that apply to the proceedings of Council.

(15) A motion to change the order of business as presented in the meeting agenda shall not be amendable or debatable.

(16) A motion to move into Committee of the Whole or a motion for the Committee of the Whole to rise and report shall not be amendable or debatable.

(17) Dilatory motion, which shall include:

(a) any motion made subsequent to a motion that was lost that is substantially the same as the lost motion where, in the opinion of the Presiding Officer, the motion is made for the purpose of delay or to frustrate Council; and

(b) any motion made that is absurd or frivolous, or that cannot be effected; shall not be entertained by the Presiding Officer.

(18) Any Member who wishes to introduce a motion that is contrary to a motion that has been adopted by Council shall employ the reconsideration procedures as set out in Part 8.4 of this By-law.

8.4 Rules of Procedure Respecting Reconsideration 

(1) A motion to reconsider is in order at any time, even when another Member has the floor, or while Council is voting on the motion to adjourn.

(2) A motion to reconsider must be made within one (1) year of the date on which the main Motion was adopted. It must be made by a Member who voted with the prevailing side. Any Member may second the motion to reconsider the vote.

(3) The effect of making this motion is to suspend all action the original motion would have required until the reconsideration.

(4) If the motion to reconsider is lost it cannot be repeated except by general consent. No question can be twice reconsidered unless it was materially amended after its first reconsideration. A reconsideration requires only a majority vote, regardless of the vote necessary to adopt the motion reconsidered.

(5) If the motion to reconsider is adopted, the next order of business is the original motion that was reconsidered.

8.5 Voting on Motions

(1) No vote shall be taken in a Council Meeting by ballot or by any other method of secret voting, unless authorized under the Municipal Act.

(2) The Presiding Officer shall be entitled to vote on any question, but is not required to vote unless:

(a) a Member has requested a Recorded Vote; or

(b) the votes of all other Members present produces an equality of votes.

(3) Immediately preceding the taking of the vote on a motion, the Presiding Officer may read the motion or request the Clerk to read the motion in the form introduced and shall do so if required by a Member, and the motion shall be stated in the form in which it will be recorded in the minutes.

(4) After a motion is put to a vote by the Presiding Officer, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared.

(5) A separate vote shall be taken upon each proposal contained in a motion that has been divided with leave of the Council.

(6) The manner of determining the decision of Council on a motion shall be by show of hands, and the Presiding Officer shall determine the adequacy of the show of hands, and upon being satisfied with the adequacy of the show of hands, the Presiding Officer shall declare the results of the vote by stating that the motion is carried or that the motion is lost, as appropriate.

(7) The Presiding Officer may consider a motion to be carried where the Presiding Officer is of the opinion that the motion has the general support and consensus of Council, subject to the right of any Member to request a show of hands, which must be complied with by the Presiding Officer.

(8) Where a Member elects not to vote, the action shall be considered to be a negative vote to the motion.

(9) Any motion on which there is a tie vote shall be deemed to be lost and nothing in the Rules shall apply to prevent the Presiding Officer from voting to create a tie.

(10) If any Member disagrees with the declaration of the Presiding Officer that a motion has been carried or lost, the Member, immediately after the declaration by the Presiding Officer, may appeal the declaration and request that a Recorded Vote be taken, whereupon the Clerk shall poll the Council.

(11) When a Member requests a Recorded Vote on a motion, all Members present shall vote when polled by the Clerk by verbally indicating yes or no, and the Clerk shall record the results of the vote in the minutes. The Clerk shall conduct the recording of votes of all Members alphabetically, starting with the Member that requested the recorded vote, with the Deputy Mayor and Mayor being polled last. A Member may request a Recorded Vote immediately prior to or subsequent to the taking of a vote on a motion.

8.6 Rules of Debate

(1) Every Member, prior to speaking to any question or motion, shall so indicate to the Presiding Officer through the raising of a hand of his/her desire to speak, and no Member shall speak until recognized by the Presiding Officer as having the floor. When two or more Members raise their hands to indicate their desire to speak, the Presiding Officer shall determine who was the first to so indicate, and shall designate such Member as having the floor, and the subsequent Members who shall have the floor and the order of same, and the determination of the Presiding Officer in such respect shall not be subject to appeal.

(2) All Members and Officials who are called upon to speak during a debate shall direct their comments and questions to the Presiding Officer, unless the Presiding Officer allows comments to be made directly to the other Member or Official.

(3) When a Member is speaking, no other Member shall interrupt except to rise on a point of order, a point of personal privilege, or a point of privilege affecting the assembly.

(4) Any Member may request the Presiding Officer to read the motion under discussion at any time during debate, but such request shall not be made so as to interrupt another Member while speaking.

(5) No Member shall speak more than once to the same motion until every Member who desire to speak has spoken, except that the Member who made the motion shall be entitled to a reply immediately prior to the calling of a vote by the Presiding Officer.

(6) No Member, without leave of Council, shall speak to the same motion more than twice, or in reply, for longer than five (5) minutes, excluding staff response time without leave of the Presiding Officer.

(7) During debate, a Member may ask a question of another Member only for the purpose of obtaining information or clarification relating to the matter under discussion, and such question shall be stated briefly and clearly, and the Member to whom the question was directed shall respond briefly and clearly to the question, but shall not introduce any new information other than was posed in the question.

(8) When a Member has been recognized by the Presiding Officer as having the floor, immediately before speaking, such Member may ask a question of the Presiding Officer or an Official on the matter under discussion, but only for the purpose of obtaining information or clarification, following which the Member shall speak.

(9) The Presiding Officer shall appoint another Member to act as Chair:

(a) while temporarily being absent from the meeting;

(b) while speaking to or debating a question; or

(c) if they wish to put forward a motion.

(10) The Presiding Officer may, at any time, declare a recess for five (5) minutes in order to consult Officials with respect to matters of procedure and interpretation of the Rules.

(11) The following matters and motions may be introduced orally without written notice and without leave, except as otherwise provided in the Rules:

(a) Point of order;

(b) Point of personal privilege;

(c) Point of privilege affecting the assembly;

(d) Presentation of petitions;

(e) Motion to refer;

(f) Motion to postpone;

(g) Motion to amend;

(h) Motion to close debate (end debate);

(i) Motion to recess;

(j) Motion to adjourn;

(k) Motions pursuant to Correspondence and New Business.

(12) When the Presiding Officer calls for the vote on a motion, each Member shall remain seated until the result of the vote has been declared by the Presiding Officer, and during such time no Member shall speak to any other Member or make any noise or disturbance.

(13) In all proceedings of a Council Meeting, including Committee of the Whole, the Presiding Officer shall decide and rule upon all matters pertaining to the Rules, subject to an appeal in which case the matter shall be decided by the Council.

(14) When a Member wishes to appeal the ruling of the Presiding Officer, except as prohibited by the Rules, the Member shall introduce the following motion with a view to having same considered by Council: "That the ruling of the Chair be appealed and set aside."

8.7 Point of Order

(1) A Member may raise a point of order at any time, including interrupting another Member who has the floor, to bring Council’s attention to:

(a) any breach of the Rules;

(b) a deviation from the matter under consideration noting that the current discussion is not within the scope of the motion on the table;

(c) any other informality or irregularity in the proceedings of Council.

(2) When a Member rises on a point of order, the Member shall ask leave of the Presiding Officer to raise the point of order and the Presiding Officer shall grant such leave, following which the Member shall state the point of order, and the Presiding Officer shall decide on the point of order and state his/her ruling on the matter.

(3) Upon the raising of a point of order, no further discussion on the main issue shall be conducted until the Presiding Officer has decided and stated his/her ruling on the point of order.

(4) Upon hearing the point of order, a Member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer’s ruling to Council.

(5) If no Member appeals, the ruling of the Presiding Officer shall be final.

(6) If a Member appeals the Presiding Officer’s ruling on the point of order to Council, the Member shall have the right to give reasons for the appeal, following which the Presiding Officer shall have the right to reply with reasons, and the Council shall decide the question: “That the decision of the Chair be sustained.” without further debate, and the decision of Council shall be final.

8.8 Point of Personal Privilege

(1) A Member may rise at any time on a point of personal privilege where such Member feels that his/her integrity, or the integrity of the Council, or the integrity of a Committee, or the integrity of anyone present at the meeting has been called into question by another Member or by anyone present at the meeting.

(2) When a Member rises on a point of personal privilege, the Member shall ask leave of the Presiding Officer to raise the point of personal privilege and the Presiding Officer shall grant such leave, following which the Member shall state the point of personal privilege, and the Presiding Officer shall decide on the point of personal privilege and state his/her ruling on the matter.

(3) Upon the raising of a point of personal privilege, no further discussion on the main issue shall be conducted until the Presiding Officer has decided and stated his/her ruling on the point of personal privilege.

(4) Where the Presiding Officer rules that a breach of privilege has taken place, he/she shall demand that the offending Member or individual apologize and failing such apology shall require the Member or individual to vacate the meeting room for the duration of the meeting as provided for in Part 8.9 of this By-law.

(5) With the exception of providing an apology, the Member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer’s ruling of a breach of privilege to Council.

(6) If no Member appeals, the ruling of the Presiding Officer shall be final.

(7) If a Member appeals the Presiding Officer’s ruling on the point of personal privilege to Council, the Member shall have the right to give reasons for the appeal, following which the Presiding Officer shall have the right to reply with reasons, and the Council shall decide the question: “That the decision of the Chair be sustained.” without further debate, and the decision of Council shall be final.

8.9 Expulsion for Improper Conduct 

(1) The Presiding Officer, where a warning or ruling has not been heeded, may expel any Member or person from the meeting place for improper conduct at the meeting, which for purposes of this Section shall include:

(a) violation of the Rules;

(b) interruption of the proceedings of Council;

(c) making of disruptive noise or visible gestures;

(d) campaigning for any political cause or outcome; or

(e) any other activity that impedes the conduct of the meeting.

(2) Where the Presiding Officer expels any Member or person from the meeting, such Member or person shall vacate the meeting place forthwith.

(3) Where the expulsion applies to a Member, the Member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer’s ruling of expulsion.

(4) If no Member appeals, the ruling of the Presiding Officer shall be final.

(5) If a Member appeals the Presiding Officer’s ruling on expulsion to Council, the Member shall have the right to give reasons for the appeal, following which the Presiding Officer shall have the right to reply with reasons, and the Council shall decide the question: “That the decision of the Chair be sustained.” without further debate, and the decision of Council shall be final.

8.10 Suspension of the Rules 

(1) During a Council meeting, any Member may introduce a motion that Council temporarily suspend the rules established by this By-law in order to introduce a motion with respect to an item that is not listed on the meeting agenda, stating the subject matter for which the suspension of the rules is being sought.

(2) A motion to suspend the rules shall require a two-thirds vote of the Members present at the meeting.

(3) Upon adoption of a motion to suspend the rules, the Member so making the motion to suspend the rules may introduce a motion respecting the matter for which the suspension of the rules was granted.

9.1 Local Boards

(1) Every Local Board shall adopt a procedural by-law to govern the calling, place and proceedings of meetings of the Local Board as required by the provisions of the Municipal Act, but until the Local Board has adopted a procedural by-law, the provisions of this By-law shall apply with the necessary modifications.

(2) Where a Local Board has not adopted a code of conduct for its members, the Council Code of Conduct as amended from time to time shall apply to the Members of the Local Board.

9.2 Committees of Council 

(1) Council may, from time to time, establish standing, advisory, special and other committees consisting of such members as Council may determine, to carry out such duties and responsibilities as may be set out in terms of reference approved by Council.

(2) Council may, from time to time, establish ad hoc committees consisting of such members as Council may determine, to take up a specific task or assignment, where the term of such committee is limited to the time required to complete the specific task or assignment.

(3) Should any Committee neglect or refuse to give due attention to any matter before it, the Council may, by resolution, discharge such Committee from consideration of a matter, or appoint another Committee in its place, or disband the Committee in its entirety.

(4) Persons appointed to Committees are appointed for such term as defined by Council, and by resolution, Council may rescind any appointment at any time. Should any Member of a Committee fail to attend three (3) successive meetings thereof without being authorized to do so by resolution of the committee, the committee may certify such failure and thereupon the membership of such person on the Committee may be terminated and the Council may appoint another Member in their place.

(5) The Council Code of Conduct, as amended from time to time, shall apply to all appointees by Council to all Committees with the necessary adjustments.

9.3 Meetings of Committees 
(1) All meetings of committees shall be open to the public, except that committees may hold a closed meeting or move into a closed session to deal with matters that qualify for consideration at a closed meeting as set out in Part 4.5(4) of this By-law.

(2) Committees shall establish the meeting date, time and location for each meeting of the committee, unless otherwise set by Council. All Committee and Local Board locations shall be posted on the Town’s website. Committees may alter the date and/or time of a regular or special meeting provided that adequate notice of the change is posted pursuant to the notice provisions of this By-law.

(3) Any Committee Member who is not physically present in the location where a Meeting takes place is permitted to participate electronically in and shall have the same rights to speak and vote as if the Member was physically present.

(4) The Chair or the Clerk, may determine at any time that Electronic Participation is required by all Members participating in the Meeting. Committee Meetings will not be live streamed.

(5) The person designated in the terms of reference for a committee as responsible for administrative support, herein referred to as the Committee Coordinator, shall be responsible for preparing meeting agendas, issuing notice as required by this By- law, and preparation of meeting minutes.

(6) The Committee Coordinator shall prepare the meeting agenda and provide the same to members of the committee, and to any member of the public by posting on the Town’s website no less than five (5) days preceding the day of the meeting, unless the Chair or Vice-Chair in the absence of the Chair of the committee has authorized a meeting agenda to be handed out at the meeting.

(7) The Committee Coordinator shall prepare minutes of all meetings of committees, and shall forward copies of all minutes to the Clerk.

9.4 Presiding Officer for Committees 
(1) Council may designate the Chair of any committee, or allow the committee to elect a Chair from its members. The Chair shall be a member of Council.

(2) Where Council has not appointed a Chair, at the first meeting of each committee, the committee shall elect from its members a Chair for such term as the committee shall determine, and the committee may at its discretion elect a Vice-Chair from its members for such term as the committee shall determine.

(3) The duties of the Chair, or in the absence of the Chair the Vice-Chair, or in the absence of the Chair and the Vice-Chair such other member as the committee may designate to preside over the meeting, shall be as set out in Part 8.1(1) of this By- law for the Presiding Officer at a Meeting of Council, with the necessary adjustments.

(4) Should the Chair of any committee neglect or refuse to call meetings of the committee at such times or with such frequency as the proper dispatch of the committee’s business requires, or do the business of the committee without the knowledge or consent of its members, or contrary to their wishes or actions, the committee may report such neglect, refusal or action to the Council which may remove such Chair from office and appoint another member as Chair.

9.5 Rules of Order for Committees
(1) A quorum in any committee meeting shall be a majority of the voting members of the committee. If there is no quorum present within fifteen (15) minutes after the time appointed for a meeting, the meeting shall stand adjourned at the call of the Chair.

(a) All Members who participate electronically shall be counted in determining whether quorum of Members is present.

(b) If for any reason an individual Member’s or multiple Members’ electronic connection to the Meeting fails during the proceedings, a brief recess may be called in order for staff to assist the Member in re-establishing it. If the connection cannot be re-established, staff will contact the Member by telephone to advise them. If the electronic connection fails to such a degree that quorum is lost, the Meeting shall stand in recess until such time as the connection is re-established. If the connection cannot be re- established to the point where a quorum can be maintained within 15 minutes of the connection being lost, the Meeting shall stand adjourned and any items of business shall be carried over to a future Meeting.

(2) The Chair, or in the Chair's absence the Vice-Chair, or in the absence of the Chair and the Vice-Chair, such other member as the committee may designate shall preside at the meeting. In the absence of the Chair and Vice-Chair if applicable for a period of fifteen (15) minutes after the time appointed for the holding of a meeting, one of the other members of the committee, if there be a quorum present, shall be appointed by the committee and shall discharge the duties of the Chair during the meeting or until the arrival of the Chair or Vice-Chair.

(3) Each committee shall transact all business according to the rules for Council, with the necessary modifications, as set out in:

(a) Part 8.2 – Rules of Decorum;

(b) Part 8.3 – Rules of Procedure Respecting Motions;

(c) Part 8.5 – Voting on Motions;

(d) Part 8.6 – Rules of Debate;

(e) Part 8.7 – Point of Order;

(f) Part 8.8 – Point of Personal Privilege; and

(g) Part 8.9 – Expulsion for Improper Conduct; with the exception that the number of times a member may speak on any question shall not be limited, and at the request of any member, any item on the meeting agenda may be reopened upon a majority vote of the members present.

(4) A committee may appoint a sub-committee from its members to investigate and report on any matters related to the business of the committee, provided that:

(a) the sub-committee shall report directly to the appointing committee;

(b) the sub-committee shall not have the power to appoint an additional sub- committee, nor shall it add to its membership without permission from the committee that established the sub-committee; and

(c) the sub-committee shall have no independent authority, nor shall it undertake any task other than was assigned; and such subcommittees shall be subject to and operate in accordance with all requirements set out in this By-law for committees.

(5) Committee Meetings shall adjourn at the hour of 10:00 p.m. if in session at that time, unless otherwise determined by a two-thirds vote of the Members present that the meeting shall continue past the hour of 10:00 p.m.

10.1 Purpose 
This By-law shall not apply so as to require the giving of any notice in circumstances where there is no requirement in any applicable by-law, policy, Act, or regulation that notice is given in respect of any proposed municipal action.

10.2 Notice of Council Meetings 
(1) Notice of a Regular Council or Committee of the Whole Meeting shall be provided through:

     (a) notifying Members by email as soon as a meeting date has been set;

     (b) publishing the time and date of the Meeting in a Newspaper and posting of the time
          and date of the Meeting on the Town’s website at least fourteen (14) days before the
          Council Meeting, if possible; and

     (c) release of a meeting agenda by the Clerk in accordance with Part 4.6.

(2) Notice of a Special or Closed Council Meeting shall be provided through:

     (a) notifying Members by email as soon as a meeting date has been set;

     (b) publishing the time and date of the Meeting in a Newspaper and posting of the time
          and date of the meeting on the Town’s website at least 48 hours before the Council     
          Meeting, if possible; and

     (c) release of a meeting agenda by the Clerk in accordance with Part 4.6.

(3) Notwithstanding any other provision of this By-law to the contrary, a Council Meeting may be held to deal with an Emergency with less than the requisite notice, provided the Clerk has endeavoured to notify the Members about the meeting in the most expedient manner, provided that no business except business dealing directly with the Emergency shall be transacted by Council.

(4) Lack of receipt of a notice of or meeting agenda for a Council Meeting by any person or Member shall not affect the validity of the meeting or any action lawfully taken at the meeting.

10.3 Notice of Committee Meetings 
(1) Notice of a Committee Meeting shall be provided through:

     (a) publishing of the time and date of the Meeting in a Newspaper and posting of the time
          and date of the meeting on the Town’s website at least fourteen (14) days before the
          Committee Meeting, if possible; and

     (b) release of a meeting agenda by the Clerk.

(2) Where an agenda is released prior to a meeting, the Committee Coordinator shall post the meeting agenda on the Town’s website and . 

     (a) maintain copies of the meeting agenda in the office of the secretary for review by
          members of the public.

(3) Where a meeting agenda will not be released prior to the meeting, in lieu of the release of a meeting agenda, the Committee Coordinator shall endeavour to provide notice by telephone call and/or written notice to the local news media and those who have requested a copy of meeting agendas.

(4) Lack of receipt of a notice of or meeting agenda for a committee meeting by any person shall not affect the validity of the meeting or any action lawfully taken at the meeting.

10.4 Notice of Cancellation of a Meeting
(1) When a meeting has been cancelled, the Clerk shall ensure that the schedule of Meetings available on the Website is updated to reflect the cancellation of the Meeting and the rescheduled date and time, if applicable.

10.5 Notice of Proposed Municipal Action
(1) Where any Act or regulation requires that notice be given to the public of any proposed municipal action, such notice shall be given:

     (a) in the manner specified in the Act or regulation, or within any other Town by- law
          which specifically sets forth the manner in which notice shall be given to the public
          either for the specific municipal action or generally for municipal actions of that type;
          or

     (b) if there is no manner specified in the Act or regulation, or within any other Town by-law
          which specifically sets forth the manner in which such notice shall be given to the
          public either for the specific municipal action or generally for municipal actions of that
          type, to the public through any one or more of the following means:

                 (i) by publication of at least one notice in a newspaper minimum seven days
                     before:

                              (1) the meeting at which the proposed municipal action will be
                                   considered; or

                              (2) the date on which it is proposed that the municipal action will occur;

                 (ii) by posting a notice on the Town’s website at least seven days before:

                              (1) the meeting at which the proposed municipal action will be
                                   considered; or

                              (2) the date on which it is proposed that the municipal action will occur.

(2) Where any Act or regulation requires that notice be given to particular individuals or affected persons of any proposed municipal action, such notice shall be given:

     (a) in the manner specified in the Act or regulation, or within any other Town by- law
          which specifically sets forth the manner in which notice shall be given to the public
          either for the specific municipal action or generally for municipal actions of that type;
          or

     (b) if there is no other manner specified in the Act or regulation, or within any other Town
          by-law which specifically sets forth the manner in which notice will be given to such
          particular individuals or other persons either for the specific municipal action or
          generally for municipal actions of that type, to the particular individuals or other
          persons through any one or more of the following means:

              (i) by mailing a notice by prepaid ordinary mail at least seven days before:

                           (1) the meeting at which the proposed municipal action will be considered;
                                 or

                           (2) the date on which it is proposed that the municipal action will occur;

              (ii) by posting a notice on the lands owned or occupied by the individual or other
                   person entitled to receive notice by affixing it to the door of any building on the
                   lands or by otherwise posting it in a conspicuous manner on the lands, at least
                   seven days before:

                           (1) the meeting at which the proposed municipal action will be considered;
                                 or

                           (2) the date on which it is proposed that the municipal action will occur.

10.6 Notice Form

(1) Notices given pursuant to this Part need not be in any particular form but shall include:

     (a) the title or brief description of the proposed municipal action;

     (b) the date on which it is proposed the municipal action will occur;

     (c) where the notice pertains to a meeting, the date, time and location of the meeting; and

     (d) the name and address or contact information of the person who will receive written
          comments or can provide additional information or answer questions on the matter of
          the notice, and the deadline for receiving comments if applicable.

(2) Notices given pursuant to this Part may deal with specific proposed municipal actions, or may be multiple notices in respect of multiple proposed municipal actions, and may be contained within a single document or as parts of other documents, reports or notices.

10.6 Notice - General

(1) A notice given under this Part is sufficient even if there are times during the period when the Town's website is not fully accessible.

(2) If the same matter is considered at a subsequent Committee or Council Meeting no additional notice is required, except where the Municipal Act provides otherwise.

(3) The notice requirements of this Part are minimum requirements, and the Clerk is authorized to give notice to the public in an extended manner, if in the opinion of the Clerk or under the direction of council, the extended manner is considered and necessary in the circumstances.

(4) At least once per year, the Clerk shall cause a notice of Council Meetings to be published in a Newspaper setting out information on how to access the Town's website to locate public notices and Council agendas and minutes.

(5) No notice of meeting shall be required under this By-law, where the provision of notice will interfere with the ability of Council to conduct business with respect to a matter

11.4 Conflict with other Acts 
Where there is conflict between any parts of this By-law and any Act or regulation, the Act or regulation shall take precedence.

11.2 Severability 
If a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this By-law will be considered severed from the remainder of this By-law, which shall continue to be in full force and effect.

11.3 Amendment
No amendment or repeal of this By-law or any part thereof shall be considered at any meeting of Council unless notice of the proposed amendment or repeal has been given at a previous meeting of Council. The waiving of this notice by Council is prohibited except in the case of an Emergency.

11.4 Repeal 
By-law 2020-110 of The Corporation of the Town of Bradford West Gwillimbury is hereby repealed.

11.5 Force and Effect 
This by-law shall come into force and take effect on the date it is enacted.

Enacted on March 7, 2023.

Original copy signed                              Original copy signed

Tara Reynolds, Clerk                             James Leduc, Mayor