Procedural By-law to Govern the Proceedings of Council and Committees

In this by-law,

Act means the Municipal Act, 2001, c.25 as amended or replaced from time to time.

Ad Hoc Committee means a committee created by Council with a defined set of responsibilities and term, to report directly to Council on a specific matter.

Advisory Committee means a committee created by Council with a defined set of responsibilities  providing advice directly to Council. 

Alternate Member of Council means a member appointed to serve as an “alternate member” of County Council when the Member of Township Council is unable to attend a County Council meeting.

By-law means an enactment, in the form approved by Council, passed for the purpose of giving effect to decisions or proceedings of Council.

CAO means the Chief Administrative Officer of the Township.

Chair means the presiding officer of a meeting.

Clerk means the Clerk, or their designate.

Closed Meeting means a meeting, or part of a meeting, of Council or a Committee which is closed to the public as permitted by the Act.

Committee means Committee of the Whole, advisory committee or other committee, sub-committee or similar entity, appointed by Council.

Committee of the Whole means a committee comprised of all Members of Council that directly reports to Council.

Confirmatory By-law means a by-law passed at the conclusion of Council meetings, confirming the actions of Council taken at that meeting and any previous meetings which did not have a confirmatory by-law, in respect of each resolution and other actions taken, so that every decision of Council at that meeting shall have the same force and effect as if each and every one of them had been the subject-matter of a separately enacted by-law.

Consent Agenda means a listing of consent items being presented to Council for its consideration.

Consent Item means a report that is presented for approval without debate and with no delegation or presentation.

Council means the Township’s elected representatives, comprised of the Mayor, Deputy Mayor and Councillors.

Councillor means a Member of Council, other than the Mayor.

Declared Emergency means any period of time during which an emergency has been declared in all or part of the Township of South Stormont under Section 4 or 7.0.1 of the Emergency Management and Civil Protection Act.

Delegate means any person, group of persons, firm or organization, who is neither a Member of the Committee of the Whole, Council or an appointed official of the Township and who is speaking to committee or Council.

Electronic Device means computers, cell phones, smartphones, personal digital assistants, smartwatches, tablets, voice recorders, cameras or any other similar device.

Electronic Participation means a member of Council who participates remotely in any open or closed Council or committee meeting via electronic means in accordance with this By-law.

Items for Discussion means agenda material that is presented for approval which has an associated presentation or delegation(s).

Majority means, for the purpose of voting, unless otherwise specified, more than half of the Members of Council or committee present at the vote and not prohibited by statute from voting.

Mayor means the head of Council.

Meeting means any regular or special Council or committee meeting when a quorum is present as defined in the Act and includes meetings where some or all Members are attending via electronic participation.

Member means, according to the circumstances, a Member of Council, including the Mayor, or a member of a committee, including the chair.

Motion means a proposal, moved by a member and seconded by another member, for the consideration of Council or a committee.

Notice of Motion means a written notice, given by a member, advising Council that the motion described therein will be brought forward at a subsequent meeting.

Open Meeting means a meeting which is open to the public.

Presentation means an opportunity for Council to recognize a member or members of the public or staff for contributions made to the community or success in attaining a relative goal or objective.

Planning Public Meeting means a public meeting held pursuant to the Planning Act or other legislation where statutory notice is required.

Quorum means a majority of the members.

Recording Device means any device used for the purpose of recording whether it be analogue, digital or other means of recording, including but not limited to computers, cell phones, smartphones, tablets, voice recorders, cameras or any other similar device. 

Registered Delegate means an individual who has submitted a request for delegation to the Clerk within the prescribed timelines to address Council or committee in relation to a matter appearing on the agenda.

Resolution means a motion that has carried.

Rules of Procedure means the rules and procedures set out in this by-law.

Regular Meeting means a meeting of Council or committee held at the times and dates specific in this by-law and approved by Council or committee as part of an annual calendar.

Special Meeting means a separate meeting of Council or committee held at a time different than a regular meeting as approved by Council or committee and which is focused on one or more particular and specific items or subjects.

Township means the Township of South Stormont.

Purpose

Council shall observe the rules of procedure contained in this by-law in all proceedings of the Council and committee. This by-law shall be used to guide the order and dispatch of business of the Council and committee and wherever possible, with necessary modifications, for all committees unless otherwise provided.

This by-law sets out processes that will enable the Township to govern itself in a manner that is open and transparent.

Principles

Each member has the right to:

• One vote, subject to the declaration of pecuniary interest;
• Information to help make decisions, unless otherwise prevented by law;
• An efficient meeting; and
• Be treated with respect and courtesy.

No item shall be placed on an agenda with respect to a matter which is not within the jurisdiction of Council or committee. The Mayor and/or chair, in consultation with the Clerk, will determine if a matter is within the jurisdiction of Council or committee.

In the event of conflict between the provisions of this by-law and the Act, or any other legislation, the provisions of the legislation shall prevail.

Suspension of Rules

No provision of this by-law shall be suspended except by an affirmative vote of at least two-thirds of the members of Council present for each incidence of suspension of the rules.

The suspension shall only apply to the procedure(s) or rule(s) which are stated within the motion to suspend and only during the meeting in which such motion was introduced.

The following procedure(s) or rule(s) cannot be suspended:

• Restriction to add other business in special meetings; and
• Majority of members for quorum.

Council and Committee Members

Council Members shall govern themselves according to Council’s Code of Conduct and Council-Staff Relations Policy.

The Mayor or chair shall preserve order and rule on points of order and privilege.

Every member desiring to speak shall indicate so in order to be recognized by the Mayor or chair.

Every member, on being recognized, shall remain seated in his or her place and address themselves to the Mayor or chair.

No member shall, without leave of the Council or committee:

• Speak to an issue for more than five (5) minutes (cumulative);
• Use offensive words or speak disrespectfully of the Mayor, members of Council, committee, staff or the public;
• Speak on any subject other than the subject under debate;
• Speak in contempt of any decision of the Council or committee;
• Leave his or her seat or make any noise or disturbance while a vote is being taken or until the result is declared; and
• Disobey the rules or decisions of Council or a decision of the Mayor or chair on points of order or privilege, or upon the interpretation of the rules of procedure. If a member persists in such disobedience after having been called to order by the Mayor or chair, the member may be ordered by the Mayor or chair to leave his or her seat for the meeting. In the event that a member refuses to vacate their seat, the Mayor or chair may request that the member be removed by the Clerk and/or staff as required, and the police may be called for assistance as necessary. In case of an adequate apology being made by the member they may, by way of majority vote of the members present, be permitted to take their seat.

A member called to order by the Mayor or chair shall immediately cease further comment or disruptive behaviour. The member may appeal the call to order to the Council or committee. The Council or committee, if appealed to, shall decide on the case without debate and by way of a majority vote of the members present. If there is no appeal, the decision of the Mayor or chair shall be final.

Member Absent from Council

The office of a member of Council becomes vacant if the member has been absent from meetings of the Council for three (3) successive months without being authorized to do so by a resolution of Council unless otherwise permitted by S. 259 (1.1) of the Act.

Electronic Devices

Each member shall place any electronic devices on an inaudible setting during any open or closed meeting.

No member shall use an electronic device or recording device to broadcast, record or otherwise publish or distribute audio or video of any open or closed meeting, nor photographs of any closed meeting.

Hearing Delegations

Except for points of order or privilege, members of Council shall not interrupt a delegate while they are addressing Council or committee.

Members may address a delegate only to ask questions of clarification and not to express opinions or enter into debate or discussion.

Council may defer any decision or action on information received from a delegation to a subsequent meeting, and request that a staff report on the matter be prepared for Council’s consideration.  

Conduct of Public and Delegations

Members of the public and delegations in attendance at a meeting, shall not:

• Address Council or committee without permission;
• Bring food or beverage, with the exception of water, into the Council Chamber or meeting room unless so authorized;
• Engage in any activity or behaviour or make any audible noise that could affect the Council or committee deliberations, including clapping, shouting, jeering or any other form of disorderly conduct;
• Bring any signs or placards into, or hand out any brochures, pamphlets, buttons or literature in the Council Chambers; or
• Use an electronic device or recording device to broadcast, record or otherwise publish or distribute audio or video of any meeting, nor take photographs of any meeting.

No person, except members of Council and appointed officials of the Township, shall be permitted to come within or behind the horseshoe during a meeting of the Council or committee without the permission of Council or committee.

No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public, Mayor, members of Council or committee.

If a person persists with inappropriate behaviour after having been called to order by the Mayor or chair, the person(s) may be ordered by the Mayor or Chair to leave the meeting. In the event that any person refuses to leave when ordered to do so, the Mayor or chair may request that the member be removed by the Clerk and/or staff as required, and the police may be called for assistance as necessary.

Public Notice of Meetings

The Clerk shall give public notice of all regular open and closed Council and committee meetings by inclusion on the Township’s website at least 72 hours prior to the meeting.

The Clerk may, at their discretion, publish notice of Council and committee meetings in a local newspaper or other local media source.

Public notice shall include:

• Date;
• Time;
• Location of meeting; and
• Method of participation for Council, the public and staff (in-person, electronic or a combination of both).

The Clerk shall give public notice of all special open and closed meetings of Council and committee by inclusion on the Township’s website as soon as possible after the meeting is called and no later than 48 hours prior to the meeting.

Section 4.1 (d) shall not apply to emergency meetings called under Section 8.1 (d). The Clerk shall give public notice for emergency meetings called under Section 8.1 (d) by inclusion on the Township’s website as soon as possible after the meeting is called.

Recording and Live Stream of Meetings

All meetings with a quorum of members may be audio and/or visually recorded by the Township, with the exception of meetings closed to the public, in accordance with the Municipal Act.

Location, Date and Time of Meetings

Committee of the Whole, regular, special and public meetings shall take place in the Council Chambers of the Town Hall, 2 Mille Roches Road, Long Sault, unless Council selects an alternate location and appropriate notice is provided pursuant to Section 4.1.

Committee of the whole, regular, special and public meetings shall take place at 5:00 p.m., unless Council selects an alternate time and appropriate notice is provided pursuant to Section 4.1.

Regular meetings shall be held on the second and fourth Wednesday of each month, unless otherwise determined by Council and appropriate notice is provided pursuant to Section 4.1.

Notwithstanding Section 4.3 c) there will only be one regular meeting during the months of February, July, August and December in accordance with the annual meeting schedule. 

In the event the regular meeting date falls on a public holiday, the Council or committee shall meet at the same hour on the next day not being a public holiday.

If required, committee of the whole and/or special meetings shall be held on the third Tuesday of each month, unless otherwise determined by Council and appropriate notice is provided pursuant to Section 4.1.

The CAO and/or Clerk, in consultation with the Mayor, has the authority to cancel any regular meeting if it is determined there is not sufficient business to be conducted, provided public notice is given within forty-eight (48) hours of the meeting.

The chair of a committee, in consultation with the relevant staff member, has the authority to cancel any committee meeting, if it is determined there is not sufficient business to be conducted, provided public notice is given withing forty-eight (48) hours of the meeting. 

Quorum and Commencement of Meetings

Unless there is a quorum present within fifteen minutes after the time appointed for the meeting of the Council or committee, the Council or committee shall stand adjourned until the next meeting date.

As soon as there is a quorum present, the Mayor or chair shall call the members to order. In the absence of the Mayor or chair, the Deputy Mayor shall preside until the arrival of the Mayor.

In the absence of the Mayor and Deputy Mayor, the Clerk shall call the members to order and the Council shall choose a chair from the members present and that person shall preside over the meeting or until the arrival of the Mayor or chair.

For committee meetings, in the absence of the chair, the relevant staff member shall call the members to order and the committee shall choose a chair from the members present and that person shall preside over the meeting or until the arrival of the chair.

If at any time during a meeting quorum is lost, the meeting shall automatically be recessed until a quorum is re-established. If the loss of a quorum continues for thirty minutes, the meeting shall stand adjourned either until the next regular meeting or until a special meeting is called to deal with the matters remaining from the adjourned meeting. This clause shall also apply if quorum is lost during an electronic meeting because of technology issues. 

Disclosure of Pecuniary Interest

Prior to a particular matter being addressed, members shall declare any pecuniary interests they may have, and the general nature thereof, in connection with that matter pursuant to the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended. Such members shall then be precluded from participating in any way regarding the matter in question.

The Clerk must note the disclosure of pecuniary interest in the minutes and the registry of declarations, available to the public.

Members may also declare a general conflict of interest pursuant to the Code of Conduct in the same manner as a pecuniary interest above.

Closed Meetings

General Principles             

Meetings shall be open to the public.

Notwithstanding Section 4.6.1(a), a meeting or part of a meeting may be closed to the public in accordance with Section 239 (2), (3) and (3.1) of the Act.

Council shall approve and maintain a closed meeting Protocol.

Date and time of Meetings

Further to Section 4.3:

A closed meeting, when required, may be scheduled within a regular, special or committee of the whole meeting as outlined in the respective Order of Business. 

Resolution

Prior to holding a closed meeting, Council or committee shall state by resolution in an open meeting that Council or committee will be holding a closed meeting, the subject matter and the permitted closed meeting exemption under the Act.

Recording of Minutes

The Clerk and/or their designate shall attend all closed meetings and record the proceedings, including procedural motions and direction given to staff, without note or comment.

The Clerk may delegate the Clerk’s duties with respect to recording minutes in a closed meeting of Council or committee to a staff person.

Reporting in Open Session

The Mayor or chair shall report out in an open meeting immediately following the closed meeting and summarize the actions taken in the closed meeting, as necessary.

Matters discussed in a closed meeting which require a decision will be brought forward to an open meeting of Council or committee.

Closed Meeting Voting

In relation to a matter considered in a closed meeting pursuant to Section 4.6.1(b), Council or committee may only vote:

• On procedural motions;
• On motions to rise, report and introduce a proposed recommendation on an open meeting agenda; or
• To give direction to staff or a third party of the Township.

Notwithstanding Section 4.11(g), votes held in closed meetings shall be by a show of hands unless a recorded vote is requested by a member in accordance with the regulations contained in the Act.

Resolution from Closed Meeting Investigator

If an investigation of a closed meeting is completed, the investigator’s report will be considered by Council during an open regular meeting and a resolution passed to address recommendations resulting from the investigation. 

Presentations

Ceremonial presentations and/or awards may be made at a Council meeting.

A presentation or award may be given by the chair, member of Council, Township staff or a representative from another government agency or any person or organization invited by Council to make a presentation as may, from time to time, be considered appropriate. 

Delegations

A delegate may address Council or committee for a period of time not exceeding ten minutes. Council or committee may extend the ten minute time period by a majority vote of the members present. Such a motion shall be decided without debate. Moreover, delegates will be afforded one opportunity to a maximum of three minutes, to respond to question(s) of Council.

For the purpose of Council and committee meeting agendas, delegates have until 10:00 a.m. on the Thursday of the week prior to the meeting to notify the Clerk that they wish to attend as a delegate or to submit written submissions.

Such submissions shall include all information to be provided to Council, clearly outline requested action of Council and the contact information of a spokesperson chosen by the delegation to speak.

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

No delegate shall speak on a matter that is not within the jurisdiction of the Council or committee. The Mayor and committee chairs in consultation with the Clerk will determine if a matter is within the jurisdiction of the Council or committee.

No delegations shall be permitted to closed Agenda items.

Written Submissions/Petitions

Petitions may be submitted in written or electronic format provided that it meets the requirements set out in a petition policy approved by Council and provided that it is filed with Clerk by the timelines specified in Section 4.8 b) for inclusion on the agenda.

Petitions shall include a statement or position and legible names of a minimum of five (5) signatories who reside in the Township.

Petitions shall not contain any obscene or improper matter or language.

The individual or group initiating the petition, or submitting the petition to the Clerk, must provide a key contact name, mailing address, and telephone contact information.

Written submissions for Council budget meetings shall only be accepted for those budget meetings designated for receiving written submissions.

Motions and Order of Voting

After a motion has been moved and seconded, it shall be deemed to be in the possession of Council or committee. Council or committee may consent to the withdrawal of the motion at any time before amendment or decision.

Council or committee shall not debate any motion until it has been moved and seconded. When a motion has been seconded, it may upon request, be read or stated by the Mayor, chair or Clerk at any time during the debate.

Whenever the Mayor or chair is of the opinion that an amending motion is contrary to the main motion, the Mayor or chair shall apprise the members thereof immediately. A member of Council or committee may appeal the ruling of the Mayor or chair to Council or committee by expressing a point of order. However, if there is no appeal, the decision of the Mayor or chair shall be final. The Council or committee, if appealed to, shall vote on the motion without debate and its decision shall be final.

A motion in respect of a matter which is not within the jurisdiction of the Council or committee shall not be in order. The Mayor or chair, in consultation with the Clerk, will determine if the matter is within the jurisdiction of Council or committee.

When a motion is under consideration, no other motion shall be received unless it is a motion:

• To refer the motion to committee, Council, staff or any other person or body. Such a motion to refer:
  • is open to debate;
  • is amendable; and
  • shall preclude amendment or debate of the preceding motion.
• To amend the motion. Such a motion to amend:
  • is open to debate;
  • shall not propose a direct negative to the main motion;
  • shall be relevant to the main motion;
  • is subject to only one further amendment, and any amendment more than one must be to the main motion; and
  • if more than one, shall be put in the reverse order to that in which they were moved, and shall be decided or withdrawn before the main motion is put to the vote.
• To defer the motion to another time. Such a motion to defer:
  • is not open to debate;
  • is not subject to amendment; and
  • applies to the main motion and any amendments thereto under debate at the time the motion to defer is made.
• To adjourn the meeting notwithstanding Section 4.1 d). Such a motion to adjourn
  • is not open to debate;
  • is not subject to amendment; and
  • shall always be in order.
• To call a vote on the motion. Such a motion to call a vote on the motion:
  • cannot be amended;
  • cannot be proposed when there is an amendment under consideration;
  • when resolved in the affirmative, shall be followed by voting on the motion, without further debate or amendment of the motion;
  • when resolved in the negative, shall be followed by resumption of debate; and
  • shall always be in order.

Once all motions relating to the main motion have been dealt with, and once the main motion is put to a vote, there shall be no further discussion or debate and the motion shall be immediately voted on.

A motion may be voted against by the mover and seconder.

Voting at Open Meetings

When one or more motions as set out in Section 4.10 have been made, the order of the vote shall be as follows:

• To defer the motion;
• To refer the motion;
• Upon the amendments in the reverse order to that in which they were moved, dealing with an amendment to an amendment immediately before the amendment it proposes to amend; and
• Then, upon the main motion or upon the main motion as amended, if any amendments have been carried.

Except as otherwise provided, every member of Council or committee shall have one vote.

Any motion on which there is a tie vote shall be deemed to be defeated, except where otherwise provided by any Act.

A failure to vote by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote.

When the motion under consideration contains distinct clauses, and a member has requested to vote on each distinct clause, then a vote shall be taken separately on each clause; including each clause added by way of an amendment.

After a vote has been called by the Mayor or chair, no member shall be recognized to speak to the motion or make any other motion until after the result of the vote has been declared.

Unless otherwise requested by a member, no vote is required for the following motions: 

• Adjournment;
• Extend the adjournment time;
• Recess; and/or
• Moving out of a closed meeting.

When a member requests a recorded vote, the Clerk shall call the name of each member present and eligible to vote. The Clerk shall announce the names of the members in alphabetical order, followed by the Deputy Mayor and then the Mayor. At the conclusion of the vote the Clerk shall inform the Mayor or chair of the outcome of the vote and record it in the minutes. A request for a recorded vote can only be made immediately before or after the taking of the vote.

Points of Order or Privilege

Point of Order

A member may raise a point of order at any time if they consider that there has been a departure from or contravention of the rules, procedures or accepted practices of Council, whereupon the Mayor or chair shall:

• Interrupt the matter under consideration;
• Ask the member raising the point of order to state the substance of and the basis for the point of order; and
• Rule on the point of order immediately without debate by Council or committee.

A member of Council or committee may appeal the ruling of the Mayor or chair to Council or committee which will then decide on the appeal, without debate, by way of a majority vote of the members present. If there is no appeal, the decision of the Mayor or chair shall be final.

Point of Privilege

A member may raise a point of privilege at any time if they consider that their integrity, the integrity of Council or the committee as a whole or staff has been impugned, whereupon the Mayor or chair shall:

• Interrupt the matter under consideration;
• Ask the member raising the point of privilege to state the substance of and the basis for the point of privilege; and
• Rule on the point of privilege immediately without debate by Council or committee.
• A member of Council or committee may appeal the ruling of the Mayor or chair to Council or committee.
• If there is no appeal, the decision of the Mayor or chair shall be final. The Council or committee, if appealed to, shall vote on the motion without debate by way of a majority vote of the members present and its decision shall be final.
• Where the Mayor or chair considers that the integrity of any Township employee has been impugned or questioned, the Mayor or chair may permit staff to make a statement to Council or committee.

Adjournment of Council and Committee of the Whole Meetings

Council shall adjourn at 8:00 p.m. unless otherwise decided before that hour by a majority vote of the members present. If Council is adjourned before the agenda is completed, Council shall establish a time and date for consideration of the balance of the agenda.

A motion to adjourn may be made by any member who has been recognized by the Mayor or chair. The motion must be moved and seconded. A motion to adjourn shall not be made during a vote on any other motion and shall be out of order in circumstances where a delegation(s) has not been completed.

Notwithstanding anything to the contrary in this Section,  a member may move a motion to extend the adjournment time.  A motion to extend the adjournment time is not debatable or amendable, except to determine if any other time sensitive issues on the agenda, identified by the Clerk, ought to be dealt with prior to adjournment.

The rules and procedures contained in Sections 3 and 4 shall apply with necessary changes to all meetings of Council and committees.

Order of Business

The Clerk, in consultation with the Mayor and staff, shall have discretion to prepare for the use of members, an agenda containing the following:

• Call to Order
• Confirmation of Agenda
• Disclosure of Pecuniary Interest
• Presentations
• Public Meeting
• Delegations
• Confirmation of Minutes
• Consent Agenda
• Items for Consideration
• Key information Reports
• Action Requests
• By-laws
• Committee / Member Announcements and Updates
• Notice of Motion
• New Business
• Closed Meeting Summary
• Confirmation By-law
• Adjournment

Confirmation of Council and Committee of the Whole Minutes

The Clerk shall present the minutes, without note or comment, of any previous open or committee meetings to Council for adoption. Closed meeting minutes will be presented for adoption at the next closed meeting.  

When the minutes of committee of the whole, or any Council meeting, have been adopted, the Mayor and Clerk shall sign them.

The Clerk shall be authorized to make minor corrections to the minutes due to typographical errors, provided the intent is not changed.

Council Consent Agenda

The Council consent agenda may consist of the following items that do not have presentations or delegations:

• Quarterly financial summaries
• Township Ad Hoc or Advisory Committee minutes
• Department activity summaries
• Correspondence
• Items as directed by the Clerk or CAO

Members of Council may identify any items contained on the consent agenda which they wish to speak to and seek action and the matter shall be extracted from the consent agenda to be dealt with separately under items for discussion.

Notwithstanding Section 5.3 (b), Council members may seek clarification about any consent item without extracting the item from the consent agenda.

The balance of items on the consent agenda, which have not been extracted, shall be voted on in one motion.

Items for Consideration

Items for consideration shall consist of the items that have been identified from within the consent agenda and all other matters on the agenda requiring a decision of Council or committee.

Key Information Items

Key information reports may be provided to Council as information items or to facilitate further discussion and/or action at a subsequent meeting.

Reconsideration of a Council Decision

Council may reconsider an entire resolution that was decided during any term of Council. A reconsideration of a portion of a resolution shall not be permitted. Such reconsideration can either amend the previous decision or rescind it.

• No resolution shall be reconsidered more than once during the term of Council, unless there is a material change in circumstance that requires reconsideration immediately.
• A motion to reconsider shall not be reconsidered.

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

If Council passes a resolution and adopts the same matter by by-law, only the resolution may be reconsidered. If the decision resulting from the reconsideration warrants, the by-law will be amended or repealed accordingly.

A motion to reconsider shall be introduced by way of a notice of motion to Council pursuant to Section 5.10. 

Only a member of Council who voted with the majority in respect of a previous decision or who was absent from the vote or was not a member of Council at the time may move or second a motion for reconsideration.

A motion to reconsider must be carried in the affirmative by a vote of two-thirds of the entire Council.

If a motion to reconsider is decided in the affirmative:

• The reconsideration effectively returns Council to just prior to the original Council decision.
• Reconsideration of the original motion shall then be the next order of business unless the motion specifies a future date.

A notice of reconsideration received from the Ontario Land Tribunal shall not be deemed a reconsideration of a Council decision.

Action Requests

All action requests presented to Council as part of the agenda will be in a written format complete with draft motion and approved by the CAO or designate.

By-laws

A complete copy of every proposed by-law shall be brought to the Council meeting and be available to any person interested in reviewing.

The Clerk shall be responsible for the correctness of all by-laws should they be amended at a Council meeting.

Every by-law passed by Council shall:

• be signed by the Mayor, or the presiding officer;
• be signed by the Clerk or designate;
• be sealed with the Township seal; and
• indicate the date of passage.

Council shall enact a by-law to confirm all actions taken by Council at every regular meeting.

The Clerk shall be authorized to make minor corrections to by-laws due to typographical errors, provided the intent is not changed. 

Committee and Member Announcements

At each regular meeting, members of Council shall have the opportunity to report on their respective committee activity or recent activities undertaken and of interest to the community. 

Notices of Motion

Every notice of motion shall be submitted in writing to the Clerk prior to the regular agenda deadline for inclusion on any regular Council or committee meeting agenda.

A notice of motion shall not be debated or considered or otherwise disposed of unless the mover of the motion is in attendance.

The motion for which notice has been given shall be included as a motion on an agenda of a regular Council meeting.

New Business

A member may present and introduce any matter of new business during the New Business portion of the meeting and shall have regard for the following:

• Members are encouraged to raise operational matters prior to the meeting through the Clerk; and
• Members are discouraged from raising substantive policy matters.

Closed Meeting Summary

Following a closed meeting of Council or committee, the Mayor or chair shall disclose, in a general manner, how the agenda items were dealt with in the closed meeting.

Confirmatory By-law

A by-law to confirm the proceedings and resolutions of Council at its meeting shall be presented at the conclusion of each regular meeting. Such by-law shall confirm any motion, resolution and other action passed or taken by Council at the meeting.

The rules and procedures contained in Sections 3, 4 and 5 shall apply with necessary changes to any public meeting.

Public meetings shall consider matters where a public meeting is required to hear applications under the Planning Act or to obtain public input for other purposes.

Public Notice of Meetings

Notwithstanding Section 4.1, staff shall give legislated notice of items on any agenda for a statutory public meeting in accordance with the applicable legislation.

Location, Date and Time of Meetings

Notwithstanding Section 4.2:

Time of Meetings

As appropriate, planning public meetings may be held within the agenda of a regular meeting.

Alternate Date

A planning public meeting may be called for an alternate date and time provided adequate notice is given.

Order of Business

The Clerk, in consultation with the Mayor and staff, shall have discretion to prepare for the use of members an agenda for a public meeting containing the following:

• Call to Order
• Disclosure of Pecuniary Interest
• Public Meeting
• Adjournment

Delegations

Notwithstanding Section 4.9 a), the time limitation for individuals speaking at a public meeting shall not exceed five minutes. Council may extend the five-minute time period by a majority vote of the Council Members present, without debate.

Council may ask questions of staff after a staff presentation and prior to delegates addressing Council.

The applicant or their agent is not limited to 5 minutes when responding to questions.

The rules and procedures contained in Sections 3, 4 and 5 shall apply to a committee of the whole meeting, with necessary changes.

Order of Business

The Clerk, in consultation with the Mayor and staff, shall have discretion to prepare for the use of members, an agenda for the committee of the whole meeting containing the following:

• Call to Order
• Disclosure of Pecuniary Interest
• Delegations
• Key Information Reports
• New Business
• Closed Meeting Summary
• Adjournment

The rules and procedures contained in Sections 3, 4 and 5 shall apply with necessary changes to special Council meetings.

Calling of Special Council Meetings

The Mayor may at any time summon a special meeting of Council with 48 hours notice. The Mayor shall also summon a special meeting of Council when so requested in writing by a majority of Members of Council.

Upon receipt of a written petition of the majority of the Members of Council, the Clerk shall summon a special meeting for the purpose mentioned in the petition.

Upon the calling of a special meeting, the Clerk shall give notice to all members, not less than 48 hours prior to the time fixed for the meeting of the:

• time;
• place; and
• business to be considered.

On emergency or extraordinary occasions, the Mayor may call a special Council meeting without the notice provided in Section 8.1 (a).

Only items disclosed on the meeting agenda may be considered by Council. Items will not be added to the special meeting agenda.

Order of Business

The Clerk, in consultation with the Mayor and staff, shall have discretion to prepare for the use of members, an agenda for a Special Council meeting containing the following:

• Call to Order
• Disclosure of Pecuniary Interest
• Delegations
• Staff Reports (Action Request or Key Information Report)
• Closed Meeting Summary
• Adjournment

Any member of Council may participate in any open or closed regular, special, public or committee of the whole meeting electronically and be counted for the purpose of establishing quorum for up to 3 meetings in a calendar year. Thereafter, the consent of Council is required.

Any committee member may participate in any open or closed committee meeting electronically and be counted for the purpose of establishing quorum for up to 3 meetings in a calendar year. Thereafter, the consent of the committee is required.

Notwithstanding Section 9 a), members of Council may participate electronically for more than 3 consecutive meetings without seeking Council’s consent in a declared emergency. 

Members are permitted the opportunity to vote when participating electronically, unless they have declared a conflict of interest.

Members must provide the Clerk 48 hours notice of their intent to participate electronically to ensure the proper technology is enabled, unless extraordinary circumstances apply.

A member who joins a meeting via electronic participation partway through the meeting shall advise the chair and Clerk of their attendance at the meeting.

A member who is participating electronically in a meeting who, for any reason, will no longer be attending the meeting prior to adjournment, shall advise the Chair and Clerk of their absence from the meeting.

In accordance with Section 4.5 and pursuant to the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50, as amended, members who have declared a pecuniary interest regarding a matter being discussed, and are participating electronically, shall turn their camera and microphone off and not participate in any way with respect to the matter in question.  A member who has declared a conflict of interest may not attend a closed session electronically where the subject matter of their declaration of conflict of interest is discussed.

Any member participating electronically may not have any other person present with them when in closed session and they may be asked to demonstrate they are alone. 

Electronic participation may be available for delegations via telephone, videoconferencing software and/or other technology methods deemed appropriate by the Corporate Services Department, and in accordance with the rules set out in Section 4.8.

If deemed appropriate by the Corporate Services Department, members of an advisory committee, local board, agency, or association may participate in meetings electronically as prescribed in Sections 9 a) through e), above.

If the public is not permitted to attend the meeting in person due to an emergency and/or due to technical difficulty, and the live stream fails, the meeting will adjourn and be re-scheduled with notice provided pursuant to Section 4.1.

The first meeting of Council following a regular election shall be held on first weekday following November 15, being the first day of the new term, at 6:00 p.m. in the Council Chambers or at such alternate location as determined by the Clerk.

The Clerk shall prepare the Inaugural Agenda as follows:

• Opening
• Declaration of Office
• Presentations
• Comments by Council
• Mayor’s Inaugural Address
• Adjournment

At the inaugural meeting, each member present shall make his or her declaration of office and sign Council’s Code of Conduct.

Council shall not proceed with any regular business at this meeting.

Mayor and Deputy Mayor

The Mayor and Deputy Mayor shall become members of Council of the United Counties of Stormont, Dundas and Glengarry upon:

• Certification from the Clerk of the lower tier; and
• Taking the Declaration of Office for the position at the upper tier.

Alternate Member of Council

The Councillor with the greatest number of votes from the Municipal Election, shall become the alternate member of Council of the United Counties of Stormont, Dundas and Glengarry upon:

• Certification from the Clerk of the lower tier; and
• Taking the Declaration of Office for the position at the upper tier.

Alternate Member of Council Appointed

Notwithstanding 11.2 above, where the alternate member, as determined by Section 11.2, is unwilling or unable to serve as alternate member, Council may appoint a substitute alternate member to represent the Township as the alternate member of Council of the United Counties of Stormont, Dundas and Glengarry.

Responsibility of Alternate Member of Council

The alternate member of Council shall exercise all the rights of a member of Council of the United Counties of Stormont, Dundas and Glengarry, solely for the meeting so attended where either of the Mayor or Deputy Mayor are not able to attend.  

The alternate member of Council shall adhere to the provisions of the United Counties of Stormont Dundas and Glengarry Procedural By-law. 

Appointments to Ad Hoc or Advisory Committees of Council

Council may appoint Ad Hoc or Advisory committees to consider a specific matter and report to Council.

Terms of reference, with defined timelines, shall be presented for approval at the time an Ad Hoc or Advisory committee is established.

Appointments of members of the public will be undertaken as follows: 

• Public notice inviting applications from residents and business owners of the Township;   
• Following the close of the period for soliciting applications, a list of applications shall be presented to Council during a closed meeting; and
• The successful applicant(s) will be appointed by by-law during a regular meeting. 

The Mayor is ex-officio on all committees and:

• May attend meetings;
• Attendance does not count towards quorum; and
• May participate in meetings, however cannot serve as chair and does not have a vote.

Only the members of an Ad Hoc or Advisory committee shall participate in debate or ask questions at the respective committee meetings.

The appointment of a member of the public to an Ad Hoc or Advisory committee may be forfeited if the member is absent from meetings of the committee for three (3) consecutive months without being authorized to do so by a resolution of Council. Moreover, should the member re-locate outside the municipality, their appointment will be forfeited.

Council Member Appointment to Committees

Members of Council shall be appointed by the Mayor, in consultation with Council, to sit on various committees of Council for a two-year term, unless otherwise required by legislation. These appointments will be confirmed at a regular meeting of Council.

Correspondence

All correspondence addressed to members of Council shall be directed through the Clerk and considered public information, except as prohibited by legislation. 

Correspondence may consist of the following items:

• Resolution support requests;
• Correspondence received that may be of interest to members of Council;
• Intergovernmental consultations; and
• Items available in the Clerk’s office.

All correspondence addressed to members of Council shall be legible and signed by the author. Correspondence that does not include the above or that includes any illegible or defamatory allegations or derogatory remarks shall not be included as correspondence or responded to. 

Correspondence will be circulated by the Clerk to members of Council and relevant staff as received. 

Council’s receipt of correspondence does not constitute endorsement by the Township of the correspondence or its contents or any recommendations contained, or actions advocated therein. 

Through the Clerk, members of Council may request correspondence items be placed on the appropriate Council agenda for discussion.

Robert’s Rules of Order

In relation to the proceedings of Council and committees and for which rules of procedure have not been provided in this by-law, Robert’s Rules of Order shall be referenced where practicable.

Other General Information

This by-law comes into force on September 22, 2021.

The short title of this by-law is the Procedural By-law.

Appendix 1, the “Motions Table”, forms part of this by-law and shall be used as a reference.

Where a board, committee or commission of the Township has not adopted a procedural by-law, such board, committee or commission shall be deemed to have adopted this procedural by-law with necessary modifications including the requirement that all meetings be open to the public, subject to the same exceptions applicable to Council meetings as set out herein.

By-law No. 2020-044 is hereby repealed.

Motions

Adjour

• Non-Debatable
• Non-Amendable

Point of Privilege

• Non-Debatable
• Non-Amendable
• Special Majority: Chair Rules

Point of Order

• Non-debatable
• Non-amendable
• Special Majority: Chair Rules*

Call and vote on the motion

• Non-debatable
• Non-amendable

Motion to Amend

• Debatable
• Amendable

Defer

• Non-Debatable
• Non-Amendable

Refer

• Non-Debatable
• Non-Amendable

Extend Council Meeting Beyond 8:00 p.m.

• Debatable
• Non-Amendable
• Special Majority: Majority of the Members Present

Extend Committee of the Whole Meeting Beyond 8:00 p.m.

• Debatable
• Non-Amendable
• Special Majority: Majority of the Members Present

Reconsideration

• Debatable
• Non-Amendable
• Special Majority: Two-Thirds of Entire Members of Council

Appeal the Chair's Ruling

• Non-Debatable
• Non-Amendable

Suspend the Rules of Procedure

• Non-Debatable
• Non-Amendable
• Two-Thirds of Entire Members of Council

Extend Delegation Peaking Time Beyond the Five or Ten Minutes, Whichever is applicable

• Non-Debatable
• Non-Amendable

* A point of order/privilege is ruled on by the Mayor/chair. Any member may appeal the chair’s ruling which must then be decided by a majority vote of the members present without debate.