PUBLIC NOTICE RE RESCINDING BY-LAW
#5-2008 AND CONSIDERATION OF A NEW
PROCEDURAL BY-LAW
Take notice that the Council of the Corporation of the Town of South Bruce Peninsula
will be considering a By-law to rescind by-law #5-2008 and replace with a new By-law
being a By-law to adopt procedural rules and systems of Control to govern the activities
of the Council of the Corporation of the Town of South Bruce Peninsula.
The new by-law is required to address changes necessary to the by-law.
Consideration of the By-law will take place at the February 10th Council meeting to be
held at 315 George Street Wiarton. Please note members of the public will have an
opportunity to comment on the by-law at 7:30 p.m. February 10th, 2009.
For further information contact: Rhonda Cook, CMO
Clerk
Town of South Bruce Peninsula
(519) 534-1400 ext. 121
TOWN OF SOUTH BRUCE PENINSULA
PROCEDURAL BY-LAW
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TABLE OF CONTENTS
SECTION "A"
Subsection Title Page
A1 DEFINITIONS 4
A2 GENERAL 5
A3 QUORUM 7
A4 INAUGURAL MEETING 7
A5 REGULAR MEETING 8
A6 ABSENTEEISM AND LEAVE OF ABSENCE 8
A7 NOTICE OF REGULAR MEETING AND AGENDA 9
A8 SPECIAL MEETINGS 9
A9 COMMENCEMENT OF MEETINGS 10
A10 ORDER OF BUSINESS 10
A11 MINUTES 11
A12 COMMUNICATION & PETITIONS TO COUNCIL 11
A13 GENERAL BUSINESS RESOLUTION-SCHEDULE "A" AND
MISCELLANEOUS CORRESPONDENCE AND RECOMMEND-
ATIONS SCHEDULE "B" 11
A14 BY-LAWS 12
A15 DELEGATIONS 13
A16 GENERAL ANNOUNCEMENTS 14
A17 CLOSED SESSION 14
A18 ADJOURNMENT 15
A19 RULES OF DEBATE AND CONDUCT 15
A20 QUESTIONS OF PRIVILEGE AND POINTS OF ORDER 16
A21 MOTIONS AND ORDER OR PUTTING QUESTIONS 17
A22 VOTING 19
A23 PARLIAMENTARY AUTHORITY 21
A24 SUSPENSION AND AMENDMENT OF RULES 21
A25 RULES SHALL APPLY TO COMMITTEES AND BOARDS 21
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TABLE OF CONTENTS
SECTION "B"
COMMITTEE OF THE WHOLE
Subsection Title Page
B1 CONSTITUTION 22
B2 ORDER OF BUSINESS COMMITTEE OF THE WHOLE 22
MEETINGS
B3 RULES OF PROCEDURE 22
B4 ASSIGNMENT OF COUNCIL MEMBERS TO AREA OF
RESPONSIBILITY 23
SECTION "C"
COMMITTEES AND BOARDS
Subsection Title Page
C1 GENERAL RESPONSIBILITIES OF COMMITTEES 24
C2 DUTIES AND RESPONSIBILTIES OF COMMITTEE CHAIRS 24
C3 NOTICE OF MEETINGS 25
C4 QUORUM 25
C5 MAYOR: EX-OFFICIO MEMBER 25
C6 APPOINTMENTS TO AUTHORITIES, COMMITTEES & BOARDS 25
C7 APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL 27
C8 APPOINTED COMMITTEES TO NAME CHAIR 27
C9 APPOINTMENT OF A SECRETARY 27
C10 DURATION OF APPOINTMENTS 28
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SECTION "A"
A1 DEFINITIONS
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 individuals appointed 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 meeting of 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 "Notice of Motion" means an advance notice to members of Council of a matter
on which Council will be asked to take a position.
A1.14 "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. During a recorded vote the
Mayor/Chair will vote last.
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A1.15 "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.
A2 GENERAL
A2.1 Role of Council
A2.1.1 To represent the public and to consider the well-being and interests of the
Municipality;
A2.1.2 To develop and evaluate policies and programs of the Municipality;
A2.1.3 To determine which services the Municipality provides;
A2.1.4 To ensure that administrative policies, practices and procedures and controllership
policies, practices and procedures are in place to implement the decisions of
Council;
A2.1.5 To ensure the accountability and transparency of the operations of the
Municipality, including the activities of the senior management of the
Municipality;
A2.1.6 To maintain the financial integrity of the Municipality; and
A2.1.7 To carry out the duties of council under the Municipal Act or any other Act.
A2.2 Role of Mayor
A2.2.1 To act as Chief Executive Officer of the Municipality and as Chief Executive
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.
A2.2.2 To preside over council meetings so that its business can be carried out efficiently
and effectively;
A2.2.3 To provide leadership to the Council;
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A2.2.4 Without 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;
A2.2.5 To represent the Municipality at official functions;
A2.2.6 To carry out the duties of the Head of Council under the Municipal Act or any
other act;
A2.2.7 To act as Council's representative when dealing with other levels of government,
their agencies and the private sector;
A2.2.8 To serve on the Council of the County of Bruce;
A2.2.9 To serve as an ex-officio member of all committees or other bodies established or
appointed by Council but not be a voting member, unless indicated on the
appointments by-law.
A2.3 Role of Chief Administrative Officer (CAO)
A2.3.1 To exercise general control and management of the affairs of the Municipality for
the purpose of ensuring the efficient and effective operation of the Municipality;
A2.3.2 To ensure implementation of Council's decisions and establishment of
administrative practices and procedures to carry out Council's decisions;
A2.3.3 To ensure undertaking of research and provision of advice to Council on the
policies and programs of the Municipality;
A2.3.4 To carry out such other duties required under the Municipal Act or any other act
and other duties assigned by the Council.
A2.4 Role of Clerk
A2.4.1 Record without note or comment, all resolutions, decisions and other proceedings
of the Council;
A2.4.2 If required by any member present at a vote, to record the name and vote of every
member voting on any matter or question;
A2.4.3 To keep the originals or copies of all by-laws and of all minutes of the
proceedings of the Council;
A2.4.4 To 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
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purpose of ensuring correct and complete implementation of the actions of
Council;
A2.4.5 To perform any other duties required under the Municipal Act or under any other
Act;
A2.4.6 To perform such other duties as are assigned by the Council.
A2.5 Meetings of Council
A2.5.1 Except as provided in Section 18, all meetings shall be open to the public.
A2.5.2 The Mayor shall preside at all meetings of the Council.
A2.5.3 The Mayor or Chair may expel any person for improper conduct at a meeting.
A2.5.4 In the absence of the Mayor, the Deputy Chair shall assume the responsibilities,
and have the powers of the Mayor under this by-law.
A2.6 Public Notice
A2.6.1 Public notice of meetings will be provided on the municipal website and also in
accordance with the Municipality's notice by-law.
A3 QUORUM
A3.1 A 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.
A3.2 If the number of members, who by reason of the Municipal Conflict of Interest
Act are 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.
A3.3 Unless 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.
A4 INAUGURAL MEETING
A4.1 The 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
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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.
A4.2 The Inaugural meeting of the new Council shall be opened with a prayer, the
officiating clergyman to be selected by the Mayor-Elect.
A5 REGULAR MEETINGS
A5.1 Except as may be determined under subsection A8.4 hereof, all regular meetings
of Council shall be convened in the Council Chambers on the second (2nd) and
fourth (4th) Tuesdays of every month at seven o'clock in the evening (7:00 p.m.).
A5.2 Where such Tuesday 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 Tuesdays in the month and then the meeting dates will be one week later.
A5.3 Regular 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.
A5.4 Council may, by by-law, change the regularly scheduled meeting day provided
that notice of the change is announced in advance.
A5.5 Notwithstanding A5.5 Council may, by resolution, change an individual regularly
scheduled meeting day provided the notice of the change is announced in
advance.
A5.6 The 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
adjacent municipality.
A5.7 Planning Committee/Committee of Adjustment Meetings will be held on the
fourth Thursday of the month at 7:00 p.m. provided there are applications and
business to deal with.
A6 ABSENTEEISM AND LEAVE OF ABSENCE
A6.1 All members will endeavour to provide substantive notice of such absence to the
Mayor and Clerk at least forty-eight (48) hours prior to the commencement of the
meeting from which the member shall be absent.
A6.2 Council members will be allowed four elected days per calendar year to not attend
meetings. Any council member missing more than four 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. Medical,
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other Town business and bereavement will be included as acceptable absences from
Council meetings, but work related absences will be considered to be absences.
Council shall determine the "for good reason" and their decision is final. The Clerk
will keep track of monthly meetings not attended and place the item on the next
available Committee of the Whole meeting for discusion.
A6.3 Where 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 the Municipal Act, 2001 shall apply.
A6.4 If 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 meeting and the time of his/her departure shall be recorded in
the minutes.
A7 NOTICE OF REGULAR MEETINGS AND AGENDA
A7.1 Notice 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.
A7.2 The 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.
A7.3 The 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.
A7.4 All confidential reports shall be distributed to Council members in paper copy or
by confidential link to the e-agenda.
A8 SPECIAL MEETINGS
A8.1 The 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 of
the Council, the Clerk shall call a special meeting for the purpose and at the time
mentioned in the petition.
A8.2 At 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.
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A8.3 At 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.
A8.4 Special 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.
A8.5 Notwithstanding 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.
A9 COMMENCEMENT OF MEETINGS
A9.1 Subject 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.
A9.2 Upon 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 Mayor under this by-law.
A10 ORDER OF BUSINESS
A10.1 The 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) By-laws
(12) New Business by staff (Matters of urgency)
(13) Notice of Motion (in writing only)
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(14) Reports from Council Members appointed to external groups including
reports from any special committees appointed by Council, County
Council Report by Mayor or alterante
(15) Upcoming Meetings
(16) "Closed Session" (If resolution passed)
(17) Confirmatory By-law
(18) 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
A11 MINUTES
A11.1 The 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.
A11.2 Presentations, 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.
A11.3 The 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
confirmatory by-law. Such by-law will be ratified at the last meeting of the
month and include all meetings for that month.
A12 COMMUNICATIONS AND PETITIONS TO COUNCIL
A12.1 Every 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 meeting. Correspondence
containing obscene or defamatory language shall not be presented to the Council.
A13 GENERAL BUSINESS RESOLUTION SCHEDULE "A" AND
MISCELLANEOUS CORRESPONDENCE AND RECOMMENDATIONS
SCHEDULE "B"
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A13.1 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.
A13.2 Miscellaneous correspondence and recommendations will be considered en-masse
(with one motion) and without amendment or debate.
A13.3 Members 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.
A14 BY-LAWS
A14.1 No 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.
A14.2 Every 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.
A14.3 All 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.
A14.4 The first and second reading of a by-law shall be decided without amendment or
debate.
A14.5 After 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, or with the consent of the majority of the members may be debated at the
current meeting. All other by-laws included in the resolution shall be presented,
under separate motion for each, to be read a third time and passed.
A14.6 In general the first and second reading of the by-law will be done at one meeting
with the third reading at the following meeting.
A14.7 Notwithstanding 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.
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A14.8 Every by-law when introduced shall be in typewritten form and shall contain no
blanks except such as may be required to conform to accepted procedure or to
comply with the provisions of any Act, and shall be complete.
A14.9 If Council so determines, a by-law may be taken as read at any stage of its
presentation.
A14.10 The Clerk shall set out on all by-laws enacted by Council the date of their
readings and passage.
A14.11 Each 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-
law was passed, and shall be sealed with the seal of the Corporation.
A14.12 Each and every by-law adopted by the Council shall be filed by the Clerk in the
by-law books of the Municipality and shall be indexed and cross-indexed by
number and subject matter.
A15 DELEGATIONS
A15.1 Unless otherwise determined by Council all delegations shall be encouraged to be
heard by Council at the Committee of the Whole meeting held on the third
Tuesday of the month.
A15.2 Any person desiring to be heard by Council as a delegation at Committee of the
Whole shall submit a written request to the Clerk not later than 12:00 p.m. (noon)
on the Wednesday of the week preceding the day of the meeting and such a
request shall clearly state the nature of the business to be discussed and provide a
general summary of the information to be presented.
A15.3 Delegations addressing Council at Committee of the Whole shall confine their
remarks to the business stated in their request to be heard and shall present same
in a respectful and temperate manner.
A15.4 Council may at its discretion, expressed by resolution adopted by two thirds (2/3)
vote of its members present; hear any person in Council or Committee of the
Whole.
A15.5 Delegations addressing the Council in Committee of the Whole shall be limited to
a maximum of ten (10) minutes in duration, unless preauthorized by the Mayor or
Clerk. The Delegation may have a maximum of two spokespersons allowed to
address the Committee during the 10 minutes permitted time. Should there be
more than one delegation requested representing the same topic position at any
meeting the person requesting same shall be advised of the earlier request. The
second and any additional requests for a delegation on the same meeting
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representing the same topic position shall be denied. If a delegation is requested
representing a different position on the same issue the delegation will be allowed.
A15.6 A delegation, once heard, shall not be entitled to be heard on substantially the
same matter for a period of 3 months from the date of first being heard, unless
new information is being provided to assist Council/Committee of the Whole in
its decision making. Refusal of a request to appear as a delegation may be
appealed to the Head of Council.
A15.7 Delegations will not be scheduled whose subject relates to a matter currently
before the courts or administrative tribunals.
A16 GENERAL ANNOUNCEMENTS
A16.1 Council members may make announcements, recognize achievements, promote
an event or recognize matters of community-wide interest without being placed
on that meeting's agenda. These such announcements will take place during the
Public Notice/General Announcement section of the meeting.
A17 CLOSED SESSION
A17.1 Except as provided in this by-law, all meetings shall be open to the public.
A meeting or part of a meeting may be closed to the public if the subject
matter being considered is;
(a) the security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including
municipal or local board employees;
(c) a proposed or pending acquisition or disposition of land by the
municipality or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matter before
administrative tribunals;
(f) advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body
may hold a closed meeting under another Act.
A17.2 A meeting shall be closed to the public if the subject matter relates to the
consideration of a request under the Municipal Freedom of Information and
Protection of Privacy Act if the council, or board or other body is designated the
head of the institution for the purposes of that Act.
A17.3 A meeting of Council or local board or of a committee of either of them may be
closed to the public if the following conditions are both satisfied;
1. The meeting is held for the purpose of education or training the members.
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2. At the meeting, no member discusses or otherwise deals with any matter in a
way that materially advances the business or decision-making of the Council,
local board, or committee.
A17.4 Before holding a meeting or part of a meeting that is to be closed to the public,
Council or local board or committee of either of them shall state by resolution;
(a) the fact of the holding of the closed meeting and the general nature of the
matter to be considered at the closed meeting; or
(b) in the case of a meeting under Subsection 18.3, the fact of the holding of the
closed meeting, the general nature of its subject-matter and that it is to be closed
under subsection 239 (3.1) of the Municipal Act, 2001.
A17.5 Subject to Subsection A18.6, a meeting shall not be closed to the public during
the taking of a vote.
A17.6 Despite Subsection A18.5, a meeting may be closed to the public during a vote if,
(a) the subject matter falls into a category where a closed session is allowed;
and,
(b) the vote is for a procedural matter or for giving directions or instructions
to officers, employees or agents of the municipality or local board or
committee of either of them or persons retained by or under contract with
the municipality or local board.
A18 ADJOURNMENT
A18.1 A motion to adjourn the Council or adjourn the debate shall always be in order,
but not debatable, except:
(a) When a member is in possession of the floor;
(b) When a recorded vote has been called for;
(c) When the members are voting;
(d) When it has been decided that the main question shall be put forthwith.
A18.2 When a motion to adjourn is defeated, no second motion to the same effect may
be made until there has been some intermediate proceeding.
A19 RULES OF DEBATE AND CONDUCT
A19.1 The Mayor shall preserve order and decorum, and shall decide questions of order,
subject to an appeal to the Council.
A19.2 Every member, previous to speaking on any question or motion, shall indicate the
wish to speak by raising their hand and when so recognized shall address the
Mayor.
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A19.3 When a motion is presented, it shall be read by the Mayor, before debate.
A19.4 When two or more members simultaneously indicate a wish to speak, the Mayor
shall name the Member to be recognized. When a member is speaking, no other
member shall hold discourse which may interrupt or pass between the speaker
and the Chair.
A19.5 Any member may request the question or motion under discussion to be read at
any time during the debate, but may not interrupt a member speaking in order to
make such a request.
A19.6 No member shall speak twice to a question without leave of the Council and shall
not speak a second time to the question where another member wishes the floor
who has not spoken the first time to the question, except in explanation of a
material part of their speech which may have been misunderstood.
A19.7 No member shall speak to the same question or in reply for longer than five (5)
minutes.
A19.8 No member shall speak disrespectfully, or use abusive or unparliamentarily words
of expressions in Council. No member shall speak beside the question in debate.
No member shall criticize any vote of the Council, except for the purpose of
moving that such vote be reconsidered. No person shall breach the rules of the
Council, the decision of the Mayor or of the Council, on questions or order of
procedure.
A19.9 In case any member should breach such rules, the member may be ordered by
the Mayor, to refrain from any further comment. In the event such member
continues to commit a breach of protocol, he/she will be asked to leave their seat
for that meeting. No member shall be permitted to retake their seat at any meeting
after being ordered by the Mayor to vacate for committing a breach of any rule or
order of the Council, without making an apology and receiving the consent of
Council, expressed by a majority of the members present determined without
debate.
A19.10 The Mayor may leave the Chair for the purpose of taking part in a debate or
otherwise. If the Deputy Chair has spoken to the question, the Mayor shall first
appoint one member of Council, who has not spoken to the question, to take the
chair until the Mayor resumes the chair, after the question has been decided.
A20 QUESTIONS OF PRIVILEGE AND POINTS OF ORDER
A20.1 Whenever any point, privilege, order or matter of urgency arises, it shall be
immediately taken into consideration.
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A20.2 When the Mayor is called on to decide a point or order of procedure the point
shall be stated without necessary comment, and the Mayor or presiding officer
shall state the rule or authority applicable.
A20.3 When a point of order is raised, or when a member is called to order from the
Chair, the Mayor shall then decide the point of order. The member may be
permitted to explain. The decision of the Mayor shall be final, unless an appeal is
made to the Council, in which case the question: "Shall the ruling of the chair be
sustained?" shall be determined without debate by vote. If the appeal is upheld,
the Chair shall change his/her ruling accordingly. If the appeal is rejected, then
the ruling stands.
A20.4 Whenever the Mayor is of the opinion that any motion offered to the Council is
contrary to the rules of the Council, he/she shall advise the members thereof
immediately and quote the rule or authorities applicable. Argument or comment
shall not be permitted.
A20.5 Where a member considers that his/her integrity or the integrity of the Council
has been impugned, the member may as a matter of personal privilege, rise at any
time for the purpose of drawing the Mayor's attention to the matter.
A21 MOTIONS AND ORDER OF PUTTING QUESTIONS
A21.1 Notice shall be given of all motions for introducing new matter, other than a point
of order or a matter of urgency, and no motion shall be discussed unless such
notice has been given at the regular meeting of the Council, or is filed with the
Clerk by 12:00 p.m. (noon) on the Wednesday preceding the date of the meeting
at which the motion is to be introduced; and the motion shall be printed in full in
the agenda for that meeting of the Council and for each successive meeting of
Council, until the motion is considered or otherwise disposed. The motion shall be
submitted to the Clerk in writing or typewritten form on the motion template and
shall be complete and correct.
The presentation of a notice of motion does not require a seconder for the motion
until it comes before a meeting for debate.
A member may introduce a notice of motion directly at a Council or committee
meeting, following which a copy of the motion shall be filed with the Clerk and
the motion shall form part of the next Committee of the Whole agenda for
discussion. Following such notice there shall be no debate or discussion on the
motion until it is contained in an agenda or unless agreed upon by a vote of a
majority of the members present.
A21.2 Resolutions passed and circulated by County of Bruce municipalities shall be
presented to Council for consideration through Schedule "B" Correspondence.
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A21.3 The Town of South Bruce Peninsula shall not consider requests for proclamations.
A21.4 Any motion may be introduced without notice with the approval of the majority
of Council.
A21.5 Every motion shall be in writing or typewritten form and when duly moved and
seconded and stated by the Mayor shall be open for consideration.
A21.6 After a motion is moved, seconded, and read aloud it shall be deemed to be in
possession of the Council, but may with the permission of the Council be
withdrawn at the joint request of the mover and seconder at any time before
decision or amendment.
A21.7 Before a motion is stated by the Chair, a member of Council may ask if the mover
of the motion would accept a change in it, termed a friendly amendment. The
mover may either accept or reject the proposed change. If the mover rejects the
proposed change, the member suggesting the change can propose an amendment
after the motion has been placed before the meeting. If the change is accepted by
the mover, the changed motion will be read. Friendly amendments shall not be
recorded in the minutes.
A21.8 Save as otherwise provided, all amendments to motions:
(a) Shall be in writing and seconded;
(b) Shall be decided upon or withdrawn before the main question is put
forth;
(c) Shall not be further amended more than once provided that further
amendment may be made to the main question;
(d) Shall be relevant to the question;
(e) Shall not be received proposing a direct negative to the question;
(f) May propose a separate and distinct disposition of a question;
(g) Shall be put in reverse order to that in which it is moved;
A21.9 A motion for reference, until it is decided, shall preclude all amendment of the
main question. If the motion for reference is carried, the main motion and any
amendments thereto shall be deemed to be withdrawn.
A21.10 When a question is under debate, no motion shall be received except for the
following purposes and according to the listed priorities namely:
Not Debatable
(a) To extend the hour of automatic adjournment.
(b) To adjourn the meeting.
(c) The main question.
Debatable
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(e) To postpone to a definite date.
(f) To refer to a committee.
(g) To amend.
A21.11 At the request of any member present, the Mayor or Chair shall ask: "Shall the
main question be voted upon?", and with majority vote of the members present
that question shall then be voted upon and it shall preclude all amendments or
further debate on the main question.
A21.12 It shall be the duty of the Mayor or the Clerk, or any member of the Council,
whenever it shall be conceived that a motion received and read, may be contrary
(ultra vires) to the Municipal by-laws, Provincial or Federal Statutes to apprise the
Council thereof, stating the rules, by-laws or statutes which are applicable to the
case.
A21.13 A motion for the Mayor to leave the chair shall be in order if Council determines
that the Mayor is acting in contravention to Section A20 Rules of Debate and
Conduct. The Deputy Chair shall assume the chair and resume the interrupted
business.
A21.14 Incidental motions in respect of a matter of special privilege, suspension of rules
of procedure, proceeding into and out of informal session, adjournment,
postponement of the previous question or commitment may be made verbally.
A22 VOTING
A22.1 Every member present, when a question is put, shall vote thereon unless the
member has a pecuniary interest, direct or indirect. When a member has such
interest in the question under debate, he/she shall so advise the Council in
accordance with the provisions of the Municipal Conflict of Interest Act. The
member shall, in instances where the Council is meeting in a closed session,
vacate his/her chair and the meeting room until the question is decided, and the
Clerk shall duly record the circumstances in the minutes. If any member present
persists in refusing to vote except for reasons of such interest, they shall be
recorded as voting in the negative on the question before Council.
A22.2 Unless disqualified, the Mayor may vote with the other members on all questions.
A22.3 The Mayor shall vote with the other members when the majority present request
that the Mayor do so and shall vote in all cases where it is necessary to break a
tie.
A22.4 Any question on which there is an equality of votes shall be deemed to be a
negative.
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A22.5 In cases required by law, and when any member calls for a recorded vote, the
surnames of those who vote for and those who vote against the question shall be
entered in the minutes. Each member voting for the question shall say "YES" and
each member voting against the question shall say "NO". When recording the
"YES" votes and the "NO" votes the Clerk shall call the names of the members in
their alphabetical order. The Chair's name shall be called last. Before the results
of the vote are announced by the Chair, the Clerk shall read the vote so taken.
A member may request the vote to be taken in reverse order.
A22.6 When the question under consideration contains separate and distinct
propositions, upon the request of any member and with a majority vote of
Council, the vote upon each proposition shall be taken separately.
A22.7 After any question is finally put by the Mayor or Chair, no member shall speak to
the question, nor shall any other motion be made until after the result is declared.
The decision of the Mayor as to whether the question has been finally put shall be
conclusive.
A22.8 After any by-law, resolution, question or matter has been decided except in those
situations described in (a) (h) below, any member who voted thereon with the
prevailing side may move for reconsideration. The Mayor shall confirm with the
member that the member voted with the majority on the issue in question.
EXCEPTIONS
(a) A question which can be renewed within a reasonable time.
(b) An affirmative vote whose provisions have been partly carried out.
(c) An affirmative vote in the nature of a contract when the party to the
contract has been notified of the outcome.
(d) Any vote which has caused something to be done that it is impossible to
undo.
(e) A vote on a Motion to Reconsider.
(f) When the same result can be obtained by some other motion.
(g) A motion of indefinite postponement (to lay on the table).
(h) When a motion to reconsider is determined by the Chair to be dilatory
(causing delay).
A22.9 The mover of a motion for the reconsideration of any decided matter shall be
permitted to make a brief and concise statement of the reasons which he/she
believes such reconsideration is justified, without in any way debating the content
of the matter.
A22.10 If reconsideration of any decided matter is recommended to the Council by a
committee or board, or special committee, a brief and concise statement of the
reasons therefore may be set forth in the report to Council.
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A22.11 The effect of a Notice of Motion to reconsider a decided matter is the suspension
of all action that depends on the result of the matter proposed to be reconsidered.
There shall be no discussion of the decided matter unless and until the motion to
reconsider is carried by a majority vote of all the members present.
A22.12 No motion or question shall be considered "carried" without the consent of the
majority of the members present who have not declared a pecuniary interest,
direct or indirect.
A22.13 Where a motion or question is "carried" or "defeated" such shall be recorded in
the minutes of the meeting.
A23 PARLIAMENTARY AUTHORITY
A23.1 All proceedings of the Council not specifically provided for in this by-law, shall
be dealt with in accordance with MEETING PROCEDURES by James Lochrie,
and in such cases the decision of the Mayor shall be final and accepted without
debate.
A24 SUSPENSION AND AMENDMENT OF RULES
A24.1 Any standing rule, order of Council or provision of this by-law, other than a
quorum requirement, may be suspended or amended at or for a particular meeting
by resolution of the Council adopted with two-thirds majority of the members of
Council present.
A24.2 Any provision of this by-law, standing rule or order of Council may be amended
by a by-law, following publication of notice of the proposed change.
A25 RULES SHALL APPLY TO COMMITTEES AND BOARDS
A25.1 Where separate Rules of Procedure do not exist for a committee or board, the
rules set forth herein shall apply.
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SECTION "B"
COMMITTEE OF THE WHOLE
B1 CONSTITUTION
All members of the Council shall constitute and fully participate in meetings
termed Committee-of-the-Whole at which all substantive matters of concern to
the Municipality requiring policy formulation or decision shall be considered for
recommendation to Council.
B1.1 Committee of the Whole Meetings shall be held on the first and third Tuesday of
each month at 9:00 a.m. and will adjourn no later than 4:30 p.m. The curfew may
be extended with a majority vote of Council.
B1.2 The Mayor shall act as the Chair during Committee of the Whole meetings.
In the absence of the Mayor the Deputy Chair shall assume the Chair.
B2 ORDER OF BUSINESS COMMITTEE OF THE WHOLE MEETINGS
B2.1 The order of business of a regular meeting of Committee of the Whole shall be:
1. Public Notices
2. Delegations
3. Other Business/New Business
4. Payment of Accounts
5. Items Referred from Committee of the Whole and Council meetings
6. Closed Session
7. Upcoming Meetings
8. Unfinished Business
9. Adjournment
B2.2 The order of business referred to may be altered from time to time to permit a
more efficient flow of business.
B3 RULES OF PROCEDURE
B3.1 Council Rules of Procedures as set out in Section "A" of this by-law shall apply
in Committee-of-the-Whole except that:
(a) No Notice of Motion shall be required to introduce new matters, not on the
prepared agenda for that meeting, but new matters shall only be so
introduced with the approval of the majority of the members present,
expressed by a show of hands.
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B3.2 The rules governing the procedures of the Council and the conduct of members in
Council as set out in Section "A" of this by-law shall be observed in Committee
of the Whole in so far as they are applicable, except that:
(a) Recommendations to Council shall be made by obtaining the consensus of
a majority of members present except where the chair deems it necessary
to ask for a show of hands to decide a question.
B3.3 The number of times of speaking on any question shall not be limited unless a
member moves that the call for consensus be asked for.
B3.4 No member shall speak more than once except to make an explanation until every
member who desires to speak has spoken.
B3.5 If a member disobeys the rules of Council or the decision of the committee chair
on questions of order or practice, or upon interpretation of the rules of the Council
and persists in such disobedience after having been called to order by the
committee chair, the committee chair may forthwith call for a consensus of those
members present as to whether such member be ordered to leave his/her seat for
the duration of the meeting of the Committee of the Whole, but if the member
apologizes, the member may, by vote of the Committee, be permitted to retake
his/her seat.
B4 ASSIGNMENT OF COUNCIL MEMBERS TO AREA OF
RESPONSIBILITY
B4.1 Prior to the inaugural meeting staff will provide documentation to the Mayor-
Elect and Councillors-Elect so they may indicate their Committee preference.
COUNCIL MEMBERS ON COUNCIL COMMITTEES
Bruce Area Solid Waste Recycling (1)
Bruce Peninsula & District Veterinary Association (2)
Bruce Peninsula Tourism (1)
Committee of Adjustment/Planning Advisory (All members)
Community Policing Committee (1)
Economic Development (2)
Emergency Management (1)
Grey Sauble Conservation Authority (1)
Paid Parking (1)
Physician Recruitment and Retention (1)
Regional Economic Development Partnership Steering Committee (1)
Second Stage Housing (1)
Town of South Bruce Peninsula Youth (2)
Waste Management/Recycling (2)
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Wiarton BIA/Director (1)
Wiarton/Keppel International Airport Joint Municipal Service Board (2)
Wiarton Willie (2)
Alternate to Mayor on Bruce County Council and on Emergency Management (1)
Deputy Chair of Council (All members on a rotating basis)
SECTION "C"
MUNICIPAL COMMITTEES AND BOARDS
C1 GENERAL RESPONSIBILITIES OF COMMITTEES
C1.1 It shall be the responsibilities of all Committees of Council:
(a) To take into consideration during deliberations and any resulting
recommendations the Municipality's policies, strategic plan and budget;
(b) To consider and report on any and all matters referred to it by Council;
(c) To provide direction and guidance to staff, set priorities and ensure co-
ordination among the policies, programs and services of the Municipality;
(d) To provide a forum for public participation;
(e) To promote accountability.
C1.2 All Committees shall have the full authority to exercise or perform any power or
duty delegated under this or any other By-law.
C1.3 Committees have authority, through and in conjunction with the Administrative
Department Head, to proceed with projects approved in the current annual budget.
C1.4 Committees shall not recommend the expenditure of any funds not provided for in
the current year's budget approved by Council unless their recommendation
specifically identifies the expenditure as unbudgeted and further identifies a
source of funds for the expenditure in their report to Council.
C2 DUTIES AND RESPONSIBILITIES OF COMMITTEE CHAIRS
C2.1 To preside over the Committee Meeting.
C2.2 To insure that all matters within their specific area of responsibility of policy
consideration are put before their committee in a manner which is orderly, timely
and complete.
C2.3 To review items of business intended for inclusion for Committee agendas.
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C2.4 To maintain a communication with the Administrative Department Head whose
operations fall within their specific area of responsibility in such a manner as to
be satisfied that policy items (both decided and/or to be decided) are effectively
addressed and followed through upon.
C3 NOTICE OF MEETINGS
C3.1 The Secretary shall not be required to give notice of regular meetings of
committees and boards but the mailing and receipt of the agenda for the meeting
shall constitute notice thereof.
C3.2 The Secretary shall advise the Clerk of dates of meetings to enable same to be
placed on the Council and Committee of the Whole agendas under the heading
"Upcoming Meetings".
C3.3 The Secretary shall ensure that the date, location and time of meeting is posted on
the events calendar of the Town website as soon as is practical.
C3.4 The Secretary shall endeavor to notify all members of meeting cancellations.
C4 QUORUM
C4.1 The majority of the whole number chosen to comprise any committee, or board,
or as otherwise determined by the Council.
C5 MAYOR: EX-OFFICIO MEMBER
C5.1 The Mayor shall serve as an ex-officio member of all committees or other bodies
established or appointed by Council but not be a voting member.
C6 APPOINTMENTS TO AUTHORITIES, COMMITTEES AND BOARDS
C6.1 The Clerk shall cause to be published, prior to the inaugural meeting, a notice for
two (2) consecutive weeks in the local press:
(a) Advising the public that committees and boards are to be struck.
(b) Listing all committees and boards to which appointments of citizens are to
be made.
(c) Inviting interested citizens to submit their names for consideration for
appointment to committees and to which appointments of citizens shall be
made.
(d) Fix date by which such submissions shall be received.
C6.2 After the inaugural meeting, the Mayor shall call a meeting of the Striking
Committee to consider the appointment of Council members and citizen members
to authorities, committees, and boards.
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C6.3 The Striking Committee shall consist of one representative from each ward,
selected by the Mayor. The Mayor and these four members shall form as a
"Striking Committee" to recommend appointment of Council members to any
board, commission, authority or committee as required by statute or by-law. The
recommendation shall also include any members of the public to be appointed to
any municipal board, commission, authority or committee as required by statute
or by-law.
The Mayor shall be the Chair of the Striking Committee.
C6.4 The advertising for the notice referred to in subsection 6.1 and the final date for
the receipt of responses to the notice shall be completed by the Clerk prior to the
formation of the Striking Committee referred to in subsection C6.3
C6.5 The method of selection of appointees to the committees, and boards requiring,
citizen and Council appointments as set out in subsection C7 herein shall be
determined by the Striking Committee with recommendations on appointments to
Council.
C6.6 Should it occur that, after the meeting of the Striking Committee, all appointed
positions have not been filled on a committee or board, the Striking Committee
shall present its recommendations at the said Council meeting, as far as they
could be completed, and Council shall deal with those recommendations.
C6.7 All appointments to authorities, committees and boards recommended shall be
enacted by by-law.
C6.8 If necessary, appointments shall, at subsequent meetings, be made by Council to
fill vacancies on a committee or board until such time as all vacancies are filled.
C6.9 Council may by resolution establish ad hoc committees, which shall advise the
Council on matters assigned or referred to it.
C6.10 A committee, which refuses or neglects to give due consideration to any matter
assigned to it or before it, may by resolution be discharged of such
responsibilities.
C6.11 All committees are subject to the control and direction of Council, conditional on
compliance with the provisions of other statutes or regulations of Ontario or
Canada.
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C6.12 Each committee shall submit reports solely to the Council and staff on all matters
connected with their duties, within the approved Terms of Reference or referred
to them by Council.
C7 APPOINTMENTS REQUIRED TO BE MADE BY COUNCIL
C7.1 Citizens shall be appointed to the following committees for the term of Council,
unless otherwise outlined, pursuant to the Consolidated Committee Appointment
By-law.
i) CITIZEN VOLUNTEERS ON COUNCIL COMMITTEES
Community Policing Committee
Economic Development
Municipal Heritage
Paid Parking
Physician Recruitment and Retention Committee
Property Standards
Town Beautification Committee
Waste Management
Wiarton B.I.A. Directors
Wiarton/Keppel International Airport Joint Municipal Service Board
Wiarton Willie
ii) STATUTORY APPOINTMENTS
Livestock Valuators
Police Services Board
Pound Keeper
Weed Inspector
Fence Viewers
C8 APPOINTED COMMITTEES TO NAME CHAIR
Unless otherwise provided by enabling legislation, appointed committees and
boards shall, at their first meeting of each year, name or rename a Chair who shall
preside at all meetings of such authority, committee, or board and shall preserve
order and decorum, subject to all rules of procedure herein before prescribed.
C9 APPOINTMENT OF A SECRETARY
The Chief Administrative Officer shall ensure that, at its first meeting,
committees and boards where necessary shall appoint a secretary whose
responsibility it shall be to:
(a) Prepare and distribute agendas and/or notices of meeting.
(b) Take the minutes of the meetings.
(c) Prepare the minutes of the meetings for signature by the Chair and secretary.
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(d) Reproduce the draft minutes of meetings and provide a copy within seven
days, to the Clerk, for distribution to Council not later than 12:00 p.m. (noon) on
the Wednesday preceding the next regular meeting of Council.
C10 DURATION OF APPOINTMENTS
C10.1 Where duration of appointments to committees and boards is not prescribed by
statute or in separate procedural or constitutional by-laws or regulations, the
appointments shall be concurrent with the term of Council.
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