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THE CORPORATION OF THE TOWNSHIP OF CHATSWORTH


BY-LAW 2016-31
PROCEDURAL BY-LAW

WHEREAS Section 238(2) of the Municipal Act, S.O. 2001. C.25 and
amendments thereto states that every municipality shall pass a
procedural by-law for governing the calling, place and proceedings of
Meetings;

AND WHEREAS the Council of the Corporation of the Township of


Chatsworth deems it necessary to set rules and regulations with
regards to Council and Committee proceedings;

NOW THEREFORE the Council of the Township of Chatsworth


enacts as follows.

1.0

Short Title

1.1

This By-law shall be known as "The Procedural Bv-law" for the


Corporation of the Township of Chatsworth.

2.0

Definitions

2.1 "Chair" shall mean the person presiding at the Meeting. The Chair
shall be the Mayor, or in the Mayors absents, the Deputy Mayor and
in the absence of the Mayor and Deputy Mayor the Members of
Council shall determine the Chair,

2.2 "Clerk" shall mean the Clerk of the Corporation of the Township
of Chatsworth;

2.3 "Glosed Session"

a Meeting or part of a Meeting


of Council, Committee of the Whole or a Committee, not
open to the public in accordance with the Municipal Act, 2001,
shall mean

S.O. 2001, Chapter 25, as amended;

2.4 "Gommittee" shall mean

a Committee established by the

Council;

2.5 "Committee of the Whole" shall mean all Members of Council


sitting as a Committee of the Whole to deal with business
matters;

2.6 "Council" shall mean the Council

of the Corporation of the

Township of Chatsworth;

2.7 "Local Bgard" Shall mean any board, Commission,

body or local

authority established or
exercising any power under any Act with respect to the
committee,

affairs or purposes of one or more municipalities, except a


school board, a conservation authority, a police services

board or a public library board;

2.8 "Mayor" shall mean the Head of Council and the Mayor of the
Township of Chatsworth or the Deputy Mayor acting in the capacity
of the Mayor in his/her absence;

2.9 "Meeting" shall mean any Regular, Special, Committee,


Committee of the \Mrole or other Meeting of Council and its
Committees;
2.10 "Member" shall mean
include the Mayor;

Member

of the Council and shall

2.11 "Motion" shall mean a resolution of Council or a


Recommendation of a Committee that is under debate by
Gouncil or a Committee;

2.12 "Quorum" shall be any (3)' three Members of the Council of the
Township

of

Chatsworth;'

2.13 "Recorded Vote" shall mean the recording of the name and
vote of every Member voting on any matter or question
during a Gouncil Meeting;

2.14 "Rules of Procedure" shall mean the rules and regulations


provided in this By-law.

3.0 Meetinqs
3.1 The Meetings of the Township of Chatsworth

shall be held on the first


Wednesday of the month at 9:00 a.m. The second and third
Wednesday of the month the Meetings of the Township of
The location is to be
Chatsworth shall be held at 6:30
determined by the Council from time to time. The first Meeting of
Council subsequent to a general election shall be held on the first
Wednesday of December at 9:00 a.m.

p.m

3.2 A Quorum shall be constituted by any (3) three Members of the


Council of the Township of Chatsworth.
3.3

lf there is no Quorum present within 15 minutes after the time

appointed for the Meeting, the Clerk shall record the names of the
Members of the Council present and the Meeting shall stand
adjourned until the next scheduled Meeting.
3.4

As soon after the fixed time for the Meeting as there is a Quorum
present, the Mayor shall call the Members to order. ln the absence of
ine Uayor or if ins omce is vacant, the Deputy Mayor shall exercise
the Mayor. ln the absence of
all the rights, powers
'Oeputy and authority of
Mayor, the Members of Council present shall
the Mayr or

establish a Chair person for the Meeting.

3.5

The Council shall stand adjourned at 12:00 p.m. for a lunch break
and if necessary reconvene and stand adjourned at 4:00 p.m. for day
Meetings whether or not the business is concluded. Council
preparation for the day Meeting is considered as part of their day for
compensation purposes. The Council shall stand adjourned at 10:00
p.m. for evening Meetings whether or not business is concluded.
Upon a vote of the majority of the Members present, the adjournment
time herein may be extended by 30 minutes.

3.6

a) The Mayor may at any time summon a Special Meeting of the


Council or Committee of the Whole.
b) The Mayor or Clerk shall summon a Special Meeting upon receipt
of a petition of the majority of the Council Members for the purpose
and at the time and date mentioned in the petition.

c) ln either of a) or b), the Special Meeting shall be held not sooner


than 48 hours following the Mayor's summons or receipt of the
petition, as the case may be, and that the Clerk shall if practical
provide written notice. lf it is not practical to give written notice, notice
may be given by telephone, text, email or personal contact of a
Special Meeting immediately following receipt of the summons or
petition.

3.7 Notwithstanding

the notice requirements set out above, in the event


of a bona fide emergency, the Meeting may be held as soon as
practicable following receipt of the summons or petition, as the case
may be, and notice may be given by telephone, text, email or
personal contact until contact is made, as determined by the Clerk.

3.8 The notice for a Special Meeting shall specify the purpose for which
the Meeting is convened and no business shall be disposed of at a
Special Meeting of the Council or Committee of the Whole except that
to which such notice related.

4.0

Meetinq Aqenda

4.1.1 The business of the Council Meeting shall be taken up in the


following order:
Call to Order
Opening Ceremonies
Adoption of Agenda
Disclosure of Pecuniary lnterest
Minutes of the Previous Meeting
Deleg atio ns/DePutations
Public Meetings
Accounts

9.

10.
11.
12.
13.
14.
15.
16.

Reports/Recommendations/Quotes
UnfinishedBusiness
New Business
lnformation ltems
Closed Meeting (if necessary)
Agreements
Bylaws
Adjournment

4.1.2 The business of a Special Meeting shall be taken up in the following


order:

1. Call to order
2. Adoption of Agenda

3. Disclosure of Pecuniary lnterest


4. Business to be considered
5. By-laws
6. Adjournment
4.2

Any Council Member, Committee appointed by the Council, or


Municipal Staff may, prior to the preparation of the agenda, file in
writing or email with the Clerk, an item for inclusion on the agenda, no
later than five full working days prior to the Meeting of the Council.

4.3

The business of the Council shall in all cases be taken up in the order
in which it stands upon the agenda, unless othenrise decided by the
Council.

4.4

An item of business not listed on the Council agenda cannot be


introduced at the Council Meeting without the approval of the Council.

4.5

All Motions called in pursuance of the agenda and not disposed of


shall be placed on the agenda for the next Meeting unless otherwise
decided by the Council.

4.6 The agenda shall be available for Members on the Friday


immediately preceding the regularly scheduled Meeting.

4.7

The agenda will be available for the Public on the Website the
Monday immediately preceding the scheduled Meeting.

5.0

Deleqations

5.1 Persons or groups wishing to appear before the Council shall advise

the Clerk no later than five full working days prior to the Meeting and
a determination may be made as to deferral of the delegation to a
subsequent Meeting, and that the number of delegations be limited to
four per Meeting.

5.2 Persons or groups shall submit a written summary of the presentation


ve working days prior to the Meeting, for inclusion in the agenda

package.
5.3

Persons making a presentation shall be limited in speaking to not


more than TEN minutes except that a delegation consisting of more
than five persons shall be limited to two speakers, each limited in
speaking time to not more than TEN minutes.

5.4

A person may speak longer than TEN minutes if granted leave by the
Chair.

5.5 Repeat delegations on the same issue may be limited.


5

6.0

The Public may have an opportunity to make a two minute comment


on an Agenda item while it is being discussed by Council at the
discretion of the Chair.

Public Meetinqs

6.1

Public Meetings at Council will be held as follows;


Call to order by the Chair, presentations of subject matter by staff or
proponents as the case may be, public questions and answers and
adjournment. Public asking questions or making comments must
state their name. At the Chair's discretion, residency or non-residency
may be requested. The Chair may expel any person present at a
Meeting who speaks or makes a noise or behaves in a riotous,
disorderly or unseemly manner or othenryise disturbs or interrupts the
proceedings of the Meeting. The Chair may adjourn the Meeting
without the question put, in the case of grave disorder arising in the
Meeting room.

6.2

No decision made by Council.

7.0
7.1

Duties of the Chair

When the Chair

is called upon to decide a point of order or

procedure, the Chair shall state the ruling and if an objection is made
to the ruling by at least two Members, they shall submit it to a vote of
the Council without debate in the following word, "shall the ruling of
the Chair be sustained?", and the decision of the Council shall be
final.

7.2

When two or more Members speak at once, the Chair shall name the
Member who is first to be heard and the other or others shall have the
privilege of speaking thereafter in the order named by the Chair.

T.g

The Chair, except when he is disqualified to vote by reason of

7.4

The Chair shall receive and submit, in the proper manner, all Motions
presented by the Members of the Council.

pecuniary interest or othenruise, shall vote.

-5 The Chair shall put to vote all questions which are moved and

seconded in the course of the proceedings, and announce the resutts


of the vote.

7.6

The Chair shall decline to put to a vote Motions which infringe the
Rules of Procedure.

7.7

The Chair shall restrain the Members, when engaged in debate,


within the rules of order.

7.8

The Chair shall ensure the decisions of the Council are in conformity
with the laws governing the activities of the Council.

7.9

The Chair may expel any person present at a Meeting who speaks or
makes a noise or behaves in a riotous, disorderly or unseemty
manner or othenruise disturbs or interrupts the proceedings of the
Meeting.

7.10 The Chair may adjourn the Meeting without the question put, in the
case of grave disorder arising in the Meeting room.

8.0
8.1

Duties and Privileqes of Members


Members, prior to speaking to a question or Motion, shall obtain the
permission of the Chair.

8.2 No Members shall use indecent, offensive or insulting language.


8.3 No Member shall speak except to the issue in debate.
8.4 No Member shall interrupt a Member who has the floor except to
raise a point of order.

8.5 No Member shall disturb another Member, or the Council itsell by


any conduct disconcerting to any Member speaking.

8.6 No Member shall be permitted to retake their seat at any Meeting


after being ordered by the Chair to vacate after committing a breach
of any rule of order of the Council, without making apology and the
consent of the Council expressed by a majority of the Members
present, determined without debate.

8.7 No Member shall walk across or out of the Meeting room or make any
noise or disturbance when the Chair is putting the question and each
Member present shall occupy their seat while a vote is being taken
and until the result thereof is declared.

8.8

Any Member may require the question or Motion under discussion to


be read at any time during the debate, but not so as to interrupt a
Member while sPeaking.

8.9

Any Member may appeal the decision of the Chair on a point of order
to the Council, who shall decide the question without debate.

8.10 Every Member present when a question is put, shall vote thereon,
unless they have declared a pecuniary interest in the question as
provided by the Municipal Conflict of lnterest Act, R.S.O. 1990, and
amendments thereto.

9.0

Motions and Amendments

9.1

All Motions shall be in writing and be moved and seconded beforethe


Chair can put the question.

9.2

The following matters and Motions with respect thereto may be


introduced orally without written notice and without leave, and do not
require a seconder and are not debatable except as otherwise
provided by this By-Law:

a)
b)
c)
d)
e)
f)
g)
h)
)
j)

a point of order,
presentation of petitions,
to defer,
to table,
to separate the question,

to postpone indefinitely or to a day certain,


to move the previous question,
to go into Committee of the Whole,

to recess for a time definite,


to adjourn.

9.3

After the Chair reads a Motion, it may be withdrawn at the request of


the mover and seconder at any time before the decision and
amendment with permission of Council.

9.4

A Motion to amend
shall not be further amended

a)
b)
c)
d)
e)

a further amendment may be made to the main question


shall be relevant to the question
shall not be received if it proposed a direct negative to the
question
shall be put in reverse order to that in which it is moved.

9.5

A Notice of Motion shall be in writing and distributed to Members with


the agenda.

9.6 A Motion to table can be submitted from the floor by a Council

Member, stating the reason for tabling and if the Motion to Table is
carried, the original Motion shall be placed on Unfinished Business
until dealt with by the Council.

10.0

Takinq the Vote

10.1 Where a vote is taken for any purpose and a Member requests
immediately prior 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 their 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.

1A.2 The names 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".

10.3 When recording the "yes" votes and the'no" votes, the Clerk shall
call the names of the Members in their alphabetical order and before
the result of the vote are announced by the Ghair, the Clerk shall, if
requested, read the vote so taken.

10.4 Any question on which there is an equality of votes shall be deemed


to be negated.

I ,l.0 Reconsideration
11.1

A Motion to

11.2

A Motion to reconsider a decided matter shall require

reconsider a decided matter shall only be


introduced by a Member who voted with the majority on
the original Motion. Before accepting a Motion to reconsider,
the Mayor may ask the Member to confirm that he/she voted
with the majority on the issue in question.
the

approval of at least two-thirds of the whole Council.

1.3 No Motion for reconsideration of any decided matter shall be


permitted more than once during a period of twelve months
following the date on which the question was decided.

11.4

lf

a Motion

to reconsider is decided in the affirmative at a

Meeting, then consideration of the original matter shall become


the neit order of business.

to reconsider a decided matter shall be


permitted however; the Mover of a Motion to reconsider may

11.S No debate on a Motion

the
rovide or may make a brief and concise statement outlining

reasons for proposing such reconsideration.

12.0

Minutes

12.1 The Minutes of the Council shall consist of a record of the place and
time of the Meeting, the name of the Chair, a record of all Members
present, and the names of those absent, together with all resolutions
and decisions of the Council.

12.2 lt shall be the duty of the Clerk at the close of each Meeting to
transcribe the proceedings as outlined tn 12.1 in the Minute Book.

12.3 The Minutes of the previous Meeting shall be considered by Council


within the next 2 regularly scheduled Meetings of Council so that any
errors therein may be corrected and approved.

13.0 Accounts
13.1 The Council shall receive and approve all accounts dealing with the
operation of the Council.

14.0

Open Meetinq Provisions

14.1 All Meetings of the Council shall be open for the attendance of the
public except if the following subject matters are being considered:
the security of the property of the municipality or Local Board;
personal matters about an identifiable individual, including
municipal and Local Board employees;
a proposed or pending acquisition or disposition of land by the
municipal or Local Board;
labor relations or employee negotiations;
potential litigation, including matters before
litigation
administrative tribunals affecting the municipality or Local
Board;
advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;
a matter that relates to the consideration of a request under the
Municipal Freedom of lnformation and Protection of Privacy
Act;
a matter in respect of which a Council, board, Committee or
other body may hold a closed Meeting to be closed under
another Act;
The Meeting is held for the purpose of educating or training the
Members (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, Committee or
Gommittee of the Whole).

a)
b)
c)
d)
e)

or

D
g)

h)
)

14.2 Before holding a Meeting or part of a Meeting that is to be closed to


the public, the Council shall state by resolution:
;

a)
b)
c)

the fact that it is holding a closed Meeting;


the general nature of the matter or matters to be considered at
the closed Meeting;
any persons other than a Member of the Board and staff or
Alternate authorized to attend the closed Meeting.

14.3 No Meeting shall be closed to the public during the taking of a vote
except where,
Section 14.1 permits or requires a Meeting to be closed to the

a)
b)

Public;

the vote is for a procedural matter or for giving directions or


instructions to officers, employees or agents for the Council or Local
Board or persons retained by or under contract with the municipality

or Local Board.

14.4 The rules of the Council shall be observed in closed Meeting sofaras
may be applicable.

14.5 No Member or other person attending a closed session shall release


a confidential report or content of a discussion considered at a closed
Meeting, or discuss the content of such a report or discussion with
persons other than Members of Council, or municipal staff members
and/or agents of the Council who were in attendance at the closed
session, without the authorization of the Council.

15.0

Readinq of Bv-Laws and Proceedinqs Thereon

15.1 No by-law except a by-law to confirm the proceedings of the Council


shall be presented to Council unless the subject matter thereof has
been considered and approved by the Council and a copy of the bylaw has been attached to the agenda or tabled for Council.

15.2 Every by-law when introduced shall be in typewritten form and shall
contain no blanks except as may be required to conform to accepted
procedure or to comply with the provisions of any Act.

15.3 The first and second reading of a by-law shall be decided without
debate.

154 Prior to the third and final reading, the by-law

may be debated by the

Council.

15.5 All amendments to a by-law shall be open to debate and amendment


before it is ordered for a third reading.

15.6 Every by-law enacted by the Council shall be numbered and dated
anO nall be signed by ine nnayor and Clerk and shall be deposited
for safe keeping in the by-law book.

16.0 Public Notice

16.1 The Published Agenda shall be considered as adequate notice of


Regular Meetings of Council and its Committees.

16.2 A complete copy of the published Agenda and Council information


packages shall be posted on the municipal website for Members of
news media and public not later than one business day preceding the
scheduled Meeting. An electronic copy will be available for news
media and Public to view during the Meeting. A paper copy may be
provided on request with 24 hours notice.
16.3 ltems not on the agenda that have arrived after the preparation of the
agenda, that in the opinion of Council are to be dealt with immediately
in the publics' best interest shall be announced by Council after the
opening ceremonies and will be considered by Council with the
approval of the Members present at a time later in the same Meeting
as specified by Council.

17.0 Gonfirminq Bv-law


17.1 The proceedings at every Regular and Special Meeting shall be
confirmed by By-law at the end of each Meeting so that every
decision of Council at the Meeting and every resolution passed
thereafter shall have the same force and effect as if each and every
one of them had been the subject matter of a separate By-law duly
enacted.

18.0 Repeal
18.1 That by-law 2012-40 be hereby repealed.

19.0

Enactment

19.1 This By-law shall come into force and effect upon final passing
thereof.

day

Read a first and second time this

MAYOR

.2016.

Read a third time and finally passed this

MAYOR

of

day

CLERK

of

016.

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