By-Law 2008-008 - Procedural By-Law

Procedural By-law No. 2008-008

CORPORATION OF THE MUNICIPALITY OF CALVIN
BY-LAW NO. 2008-008
BEING A BY-LAW TO GOVERN AND REGULATE THE MEETINGS AND PROCEEDINGS OF COUNCIL AND COMMITTEES OF THE CORPORATION OF THE MUNICIPALITY OF CALVIN AND COMMONLY CALLED “THE PROCEDURAL BY-LAW”.


WHEREAS pursuant to the Municipal Act, 2001 c.25, Section 238(2) as amended, every municipality and local board shall pass a Procedural By-law governing the calling, place and proceedings of meetings, including Regular, Special, Committee or other Meetings of a Council;
AND WHEREAS the Council of the Corporation of the Municipality of Calvin deems it advisable to enact a By-Law to govern the proceedings of Council, the conduct of its Members and the calling and place of meetings;
BE IT ENACTED as a By-law of the Corporation of the Municipality of Calvin as follows:


1.0 DEFINITIONS
1.1 “AD-HOC COMMITTEE” means a Committee established by Council to review a specific matter and once the Committee has reported to Council with respect to its findings and recommendations, the Committee is automatically dissolved;
1.2 “ADVISORY COMMITTEE” means a Committee established by Council to advise on matters which Council has deemed appropriate for the Committee to consider;
1.3 “AGENDA” and “ORDER OF THE DAY” shall be considered synonymous;
1.4 “CHAIR” shall mean the person presiding at a Meeting whether it be the Mayor or any other Member;
1.5 “CLERK” means the Clerk-Treasurer of the Corporation or his/her delegate;
1.6 “COMMITTEE” means any advisory or other committee, subcommittee or similar entity of Council;
1.7 “CORPORATION” means the Corporation of the Municipality of Calvin;
1.8 “COUNCIL” means the elected members of council of the Municipality of Calvin;
1.9 “DEPUTATION/DELEGATION” shall mean a person making a verbal presentation to Council or to a Committee, as the case may be;
1.10 “DEPUTY MAYOR” means the Councillor appointed by Council to act in the absence of the Mayor in accordance with this By-law;
1.11 “DESIGNATED AREA” shall mean the spectator areas within the Council Chambers;
1.12 “EX-OFFICIO” means by virtue of office or position and carries with it the right to participate fully in all committee meetings and to vote unless prohibited by law, but does not count towards a quorum;
1.13 “IMPROPER CONDUCT” means conduct which offers any obstruction to the deliberations of proper action of Council;
1.14 “IN-CAMERA” means a closed session of Council, Standing Committee or an Advisory Committee Meeting which is closed to the public in accordance with the Municipal Act;
1.15 “INAUGURAL MEETING” means the first meeting of Council held after a municipal election in a regular election year;
1.16 ““LOCAL BOARD” means a municipal service board, board of health, planning board and any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board, a conservation authority, a police services board or a public library board;
1.17 “MAYOR” means the Head of Council acting as Chief Executive Officer of the Corporation;
1.18 “MAJORITY VOTE” means the vote of more than half of the members present and voting at a properly constituted meeting at which a quorum is present;
1.19 “MEETING” means any regular, special or other meeting of a council, of a local board or of a committee of either of them;
1.20 “MEMBER OF COUNCIL” means a person duly elected to serve on the Council;
1.21 “MUNICIPAL ACT” means the Municipal Act S.O. 2001, c. 25, as amended and any successor legislation thereto;
1.22 “MUNICIPAL ELECTION” shall mean a general municipal election held pursuant to the Municipal Elections Act;
1.23 “NOTICE OF MOTION” means signal of intent by a member to have a motion dealt with at a subsequent meeting;
1.24 “PECUNIARY INTEREST” means a direct or indirect interest within the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, chapter M. 50 as amended, and any successor legislation thereto;
1.25 “POINT OF ORDER” means a matter that a member of Council considers to be a departure from or contravention of the rules, procedures or generally accepted practices of Council; raised when a member feels the rules of order are being broken.
1.26 “POINT OF PRIVILEGE” means that a member of Council considers that she/he is being insulted, misquoted, or deliberately misinterpreted or that their right of access to information is being impeded (noisy room, bad overheads, etc.).
1.27 “QUORUM” means the minimum number of members who must be present at the
meetings for business to be legally transacted and in the case of the Municipality of Calvin shall mean three (3) members;
1.28 “RECORDED VOTE” means the recording of the name and vote of every Member on any matter of question. In the case of a Member who has declared a pecuniary interest in the matter or question, the minutes shall reflect the Members declaration and the general nature thereof;
1.29 “REGULAR MEETING” means a scheduled meeting held in accordance with the approved calendar/schedule of meetings;
1.30 “SPECIAL MEETING” means a meeting not scheduled in accordance with the approved calendar/schedule of meetings.


2.0 GENERAL
2.1 Rules – procedures observed – at all times
The rules and regulations contained in this by-law shall be observed in all Meetings
and shall be the rules and regulations for the order and dispatch of business before
Council and Committees of Council and its Advisory Committees and local boards.
2.2 Rules – observed – modifications – permitted
The proceedings of the Council and its Committees; the conduct of the Members
of Council and the calling of meetings shall be governed by the rules and regulations
contained in this By-law.
2.3 Rules – suspended – 2/3 consent – Council
Any rules or procedures contained in this by-law may be suspended with the consent of
two-thirds of the Council/Committee present, unless prohibited by law.
2.4 Rules - Rules of Order - Parliament of Canada - Roberts’ Rules of Order
Subject to the provisions of the Municipal Act and except as herein expressly provided,
the Rules of Order of the Parliament of Canada shall be the rules governing the
proceedings of the Council and Committees and the conduct of members of same. The
most recent edition of Roberts’ Rules of Order in existence from time to time shall be
referred to and abided by as far as applicable when questions arise respecting the
interpretation of the rules contained herein or respecting the rules of order of the
Parliament of Canada.
2.5 Rules - members chairs forming enclosure
No persons, except Members or the Clerk-Treasurer or his/her delegate or Department
Heads, as the case may be, shall come within the enclosure formed by the members
chairs during meetings without permission from the Mayor or Chair. Any person
contravening this rule shall be guilty of improper conduct and may be subject to
expulsion or exclusion from the meeting by the Mayor or Chair.
2.6 Seating - allocation - designate arrangement
The Clerk, in consultation with the Mayor, shall designate the seating arrangements for
the media, municipal staff and the public at Council
2.7 Seating - contravention
Any person who contravenes any established seating arrangement shall be guilty of
improper conduct and may be subject to expulsion or exclusion from the meeting by the
Chair.
2.8 Meetings – location – Council Chambers – exception
All meetings of Council, Standing Committees and Advisory Committees shall take
Place in the Calvin Community Centre at 1355 Peddlers Dr., or as otherwise designated
by Council or the Chair of a Committee.
2.9 Use of Audio – Video Equipment
The use of audio and video recording equipment during a Meeting is not permitted within
the designated areas unless the Chair or the majority of the Council Members permit the
use of such equipment or devices and it is not disruptive to the conduct of the Meeting at
which the recording privileges are granted. Any and all audio/video recordings recorded
other than by the municipality shall not, under any circumstances, be deemed to be
official records.


PART 3
3.0 ROLES AND DUTIES
3.1 Role of Mayor
It is the role of Mayor,
1) to act as Chief Executive Officer of the municipality;
2) to preside over Council Meetings;
3) to provide leadership to Council;
4) to represent the municipality at official functions;
5) to carry out the wishes of Council;
6) to act as Council’s representative when dealing with the Clerk-Treasurer and
other levels of government, their agencies and the private sector;
7) to carry out the duties of the Head of Council under this or any Act.
8) as Chief Executive Officer of the municipality, the Mayor shall:
i) uphold and promote the purpose of the municipality;
ii) promote public involvement in the municipality’s activities;
iii) promote the municipality locally, nationally and internationally;
iv) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.


3.2 Duty of Mayor
It is the duty of the Mayor to preside at all meetings of Council, and in addition to the requirements in the Municipal Act shall be responsible
1) to open the meeting of Council by taking the Chair and calling the meeting to order;
2) to receive and submit, in the proper manner, all motions presented by the members;
3) to put to a vote all motions and to announce the result;
4) to sit as an ex-officio member of any Committees of Council and is entitled to vote at meetings;
5) decline to put motions to vote which infringe upon the rules of procedure;
6) to inform the members of the proper procedure to be forwarded and to enforce the rules of procedure;
7) to enforce on all occasions, the observance of order and decorum among the members;
8) to call by name any member persisting in a breach of the rules of procedure and order the members to vacate the Council Chambers;
9) to permit questions to be asked through the Mayor of any officer of the Municipality for information to assist in any debate when the Mayor deems it proper;
10) to provide information to members on any matter relating to the business of the Municipality;
11) to authenticate by signature all by-laws, agreements and minutes of Council;
12) to rule on any points of order raised by members;
13) to represent and support the Council;
14) to maintain order. Where it is not possible to maintain order, the Mayor may, without any motion being put forward, adjourn the meeting to a time to be determined by the Mayor;
15) to adjourn the meeting when the business is concluded;
16) to carry out the duties of the Head of Council under the Municipal Act or any other Act; and,
17) to act in accordance with his/her Oath of Allegiance and Oath of Elected Office (Section 225.)


3.3 Role of Council
It is the role of Council,
1) to represent the public and to consider the well-being and interests of the
municipality;
2) to develop and evaluate the policies and programs of the municipality;
3) subject to legislative restrictions, develop regulations to be adopted in by-laws and resolutions for the overall benefit of the community;
4) to determine which services the municipality provides in accordance with applicable legislation;
5) to maintain the financial integrity of the municipality;
6) to carry out the duties of council under this or any other Act; and
7) to ensure accountability & transparency of the municipal operations, and of activities of Senior Management (Section 225).


3.4 Duty of Councillors
It is the duty of the Councillors to attend all meetings of Council, and;
1) to prepare for meetings including reviewing the agenda and background information prior to the meeting;
2) to speak only to the subject under debate;
3) to vote on all motions before the Council unless prohibited from voting by law;
4) to observe proper procedure and decorum at all meetings;
5) to state questions to be asked through the Mayor;
6) to support the Council;
7) to attend Standing Committee, Advisory Committee and AD-Hoc Committee meetings to which the member has been appointed by Council;
8) to carry out the duties of Councillor under the Municipal Act or any other Act; and
9) to act in accordance with their Oath of Allegiance and Oath of Elected Office (Section 224).


3.5 Duty of Clerk
It is the duty of the Clerk to attend all Council meetings, and:
1) to prepare and distribute agendas for all meetings of Council in accordance with this by-law;
2) to record, without note or comment, all resolutions, decisions and other proceedings of the council, whether it is closed to the public or not;
3) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question (recorded votes);
4) to keep the originals or copies of all by-laws and of all minutes of the proceedings of the council;
5) to make such minor clerical, typographical or grammatical corrections in form to any bylaw, motion, resolution and/or minutes as may be required for the purpose of ensuring correct and complete implementation of the actions of Council;
6) to perform other duties required under the Municipal Act, Municipal Elections Act 1996, or as required under any other Act;
7) to act as Commissioner for the municipality;
8) to authenticate by signature all by-laws, agreements and minutes of Council;
9) to advise Council on parliamentary procedure; and
10) to perform such other duties as are assigned by the municipality (Section 228(1) & 239 (7 & 8).


PART 4
4.0 SCHEDULE OF MEETINGS
4.1 Inaugural Meeting – second Tuesday – December – time
The Inaugural meeting of Council shall be held not later than the second Tuesday
in December following a Municipal Election and the meeting shall be held at 7:00 p.m.
or at such hour as may be fixed by by-law.
4.2 No business – Inaugural – until Declarations
No business shall be conducted at the Inaugural Meeting of Council until the
Declarations of Oath have been made by the members of Council.
4.3 Regular Meetings
The Council shall hold its regular meetings every second and forth Tuesday of each
month at 7:00 p.m. in the Calvin Community Centre.
4.4 In – Camera – time
In – Camera meetings (closed session) shall be held at the call of the chair, as deemed
necessary.
4.5 Election – meeting time – November
In the event that such a day falls on when a Municipal Election or municipal by – election
is being held, the Council may meet at the same hour on the first day thereafter, unless
otherwise provided by resolution of Council.
4.6 Holiday
In the event that such a day is a Holiday, the Council shall meet at the same hour on the
first day thereafter, which is not a Holiday, unless otherwise provided by resolution of
Council.
4.7 Special – Emergency Meeting – called by Mayor
The Head of Council, at any time, may summon a Special Meeting of Council or
Emergency Meeting.
4.8 Special Meeting – called by Council
Notwithstanding the provision of Section 4.3, the Clerk shall, upon receipt of a petition
signed by a majority of the members of Council, summon a special meeting for the
purpose and at the time mentioned in the petition, to be held in the Calvin Community
Centre unless otherwise noted. (In accordance with the provisions of the Municipal Act,
2001 as amended, c.25, s. 240)
4.9 Special Meetings – public offices – emergency
The council shall hold its meetings as set out in Section 4.8 and keep its public offices
within the Calvin Community Centre; however, in the case of an emergency, it may hold
its meetings and keep its public offices at any convenient location within or outside the
municipality (Municipal Act, 2001, as amended, c.25, s. 236(1).


PART 5
5.0 NOTICE OF MEETINGS
5.1 Agendas – delivered – in advance
The Clerk or the Clerk’s representative shall provide each Member of Council an Agenda
with support Reports for each regular meeting of Council to be available to the
Councillors by 4 p.m. on the Friday prior to the meeting.
5.2 Public Notice of Meeting Schedule / Posting of Agendas
Public Notice of meetings shall be given by posting the meeting schedule on the
Township Website. The meeting schedule shall include time and location of Council and
Committees meetings. The meeting schedule is subject to change as necessary. All
agendas will be posted no later than 24 hours before the hour appointed for the holding
of such meeting on the Municipality of Calvin website. Agendas shall be available at the
beginning of meetings.
5.3 Posting of Agendas – Failure to post
Notwithstanding section 5.2 above, failure to post the agenda to the Township Website,
or its being available at the beginning of meetings shall not affect the validity of the
meeting or any action lawfully taken thereat.
5.4 Special Meetings – notice – delivered – 24 hours prior – exception
Notice of a special meeting called in accordance with this by-law shall be delivered to the
Members of Council by either telephone, facsimile transmission or electronic mail, to the
phone number; fax number or e-mail address as provided by the Members. It shall be the
responsibility of the Clerk-Treasurer or the Clerk’s representative to forward to Members
all notices and agendas for Special Council Meetings a minimum of 24 hours in advance
of such Meetings.
5.5 Special meetings – business specified – transacted
No business except the business dealing directly with the purpose mentioned in the notice
shall be transacted at a Special Meeting.
5.6 Emergency or disaster – notice not required
In the case of a disaster or emergency as defined in the Emergency Plan, an emergency
meeting may be held without notice, to deal with the emergency or extraordinary
situation, provided that an attempt has been made by the Clerk-Treasurer and/or the
Clerk’s representative to notify the Members about the meeting as soon as possible and in
the most expedient manner available.
5.7 Agenda – notice – not received – validity
Lack of receipt of a Notice or an Agenda by the Members of Council shall not affect the
validity of the meeting or any action lawfully taken thereat.
5.8 Standing Committees / Advisory Committees – deemed notice
The Agenda of a Standing Committee/Advisory Committee meeting shall be considered
as notice of the meeting.
5.9 Agendas – Media
The Council and Committee agendas will be made available for the media on the
Township Website.
5.10 Agenda – In – Camera – material
All In-Camera material will be circulated to members of Council and/or Committee
Members at the In-Camera meeting. The In-Camera material must be immediately
handed back to the Clerk-Treasurer or designate at the close of the In-Camera
session.
5.11 Agenda – In Camera – not sent electronically
Agenda of an In-Camera Meeting or In-Camera Session shall not be sent
electronically to Members of Council.


PART 6
6.0 IN – CAMERA MEETINGS “CLOSED SESSION’
6.1 Council, Standing Committees and Advisory Committees – Closed Sessions
All or part of meetings may be held In-Camera in accordance with the Municipal Act,
2001, as amended. The In-Camera session, if required, will be held at the call of the
Chair. For Standing Committees and Advisory Committees, In-Camera sessions, if
required, will be held at the call of the Chair.
6.2 Matters – In – Camera
The only matters that may be considered In-Camera shall only be held in accordance with
Section 239 of the Municipal Act.
(a) the security of the property of the municipal of 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 matters before administrative tribunals, affecting the municipality or local board;
(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, 2001, c. 25, s. 239 (2);
(h) a matter in respect of the consideration of a request under the Municipal Freedom of Information and Protection Privacy Act, if the council is designated as the Head for the purpose of that Act; 2001, c. 25, s. 239(3);
(i) for the purpose of education or training the members and when there is no discussion or material advancement of the “business or decision-making of the council, local board or committee,” 2006, c.32, Sch. A, 103 (1), s. 239(3.1).
6.3 Procedure – moving into – In Camera
Prior to moving to In-Camera for one or more of the reasons listed in Section 6.2, the Council, Standing Committee or Advisory Committee shall pass a motion in open session stating:
1) the fact that Council, Standing / Advisory Committee is convening into In-Camera session;
2) the fact of the holding of the closed meeting the general nature of its subject-matter and that it is to be closed under that subsection, 2001, c. 25, s. 239(4); 2006, c. 32, Sch. A, s. 103(2).
3) if closed under s. 239(3.1), the resolution must also note that it is closed under that subsection.
6.4 No votes at a closed meeting
No votes at a closed meeting, except for when the vote is:
1) for giving instructions to officers, employees or agents of the Corporation or persons retained by or under contract with the Township;
2) for procedural matters; and
3) adjournment
6.5 Minutes – Closed Session
The Clerk or his/her designate shall record, without note or comment the proceeding of the Council and all Committees of Council in Closed Session;
6.6 Adoption of Closed Session Minutes
Minutes of a Closed Session of Council or a Committee of Council shall be presented for adoption at the next Closed Session portion of a Regular Meeting of Council/Committee. The adoption of the minutes is a procedural matter and does not affect the validity or effect the resolutions recorded in the minutes.
6.7 Preservation of Confidentiality
All information, documentation or deliberations received, reviewed or taken in a Closed Session is confidential. No Member or staff person shall release, make public or comment in any way information considered during a Closed Session or discuss the content of any Closed Session with persons other than Members or relevant staff members.


PART 7
7.0 COUNCIL AGENDAS / ORDERS OF THE DAY
7.1 Council Agendas – Composition – prepared by Clerk
The Clerk shall prepare the Council Agendas with the Orders of the Day for Regular Council Meetings consisting of the following:
1) Call to Order
2) Written Disclosure of Pecuniary Interest/Conflict of Interest
3) Petitions and Delegations
4) Reports form Municipal Officers
5) Reports from Committees
6) Action Letters
7) Information Letters
8) Information Letters Available
9) Old and New Business
10) Accounts Approval Report
11) Closed Session
12) Business Arising from Closed Session (if applicable)
13) Notice of Motion
14) Adjournment
and with necessary modifications for Special and Emergency meetings.
NOTE: In-Camera “Closed Session”, will be added to the Agenda at the call of the chair and shall be placed on the Agenda either after 1.0 “Adoption of the Agenda” or after 10.0 “Accounts Approval Report”.
7.2 Deadline – material inclusion
The deadline for receipt of material by the Clerk-Treasurer to be included on the Agenda for Regular Meetings shall be 12:00 noon on the Thursday prior to the regular meeting.
7.3 Order of business – as specified – exception
The business of each meeting shall be taken up in the order in which it stands on the Agenda unless otherwise decided by a majority vote of the members present.
7.4 Motion – to change order – not amendable – not debatable
A motion changing the order of business shall not be amendable or debatable.


PART 8
8.0 COMMENCEMENT OF COUNCIL MEETINGS – QUORUM
8.1 Quorum – majority – required
The majority of Members of Council and Committees shall constitute a quorum.
8.2 Call to order – quorum present
As soon after the hour fixed for the Meeting if there is a quorum present, the Mayor or Chair of the Committee shall take the chair and call the meeting to order.
8.3 Quorum – time appointed – meeting
If there is not a quorum within fifteen (15) minutes after the time appointed for the meeting, the Clerk shall record the name of the members present, the meeting shall stand adjourned and the items included on the agenda shall be included on the agenda of the next regular meeting of council or on a special meeting of council, if called for that purpose, and in the case of a Standing Committee or Advisory Committee, at the next regularly scheduled meeting.
8.4 Quorum – lost – adjourn to reconvene – exception
If during the course of a meeting, the quorum is lost, then the meeting shall stand adjourned to reconvene as determined by the Mayor. If in the opinion of the Mayor, it is not essential that the balance of the agenda be dealt with before the next regularly scheduled meeting, then the Mayor shall announce that the unfinished business will be considered at that time.
8.5 Mayor – to preside – all meetings
The Mayor, if present, shall preside at all Council Meetings.
8.6 Mayor – absence – Deputy Mayor – to preside
In the event the Mayor does not attend the Meeting within fifteen minutes after the time appointed, the Deputy Mayor shall call the Members to order and if a quorum is present, shall preside as Chair during the Meeting or until the arrival of the Mayor.
8.7 Member appointed – to preside
In the absence of the Mayor and Deputy Mayor, the Clerk shall be present and, if a quorum is present, shall call the Members to order. A Chair shall then be chosen by the Members present from amongst the Members and shall preside during the Meeting or until the arrival of the Mayor or Deputy Mayor.
8.8 Members of Council – notify – Clerk – absence
Members of Council are requested to notify the Clerk when the Member is aware that he/she will be absent from any meeting of Council.


PART 9
9.0 RULES OF DEBATE AND CONDUCT
9.1 Order – decorum – maintained – Mayor
The Mayor shall preside over the conduct of Council meetings, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the meeting, subject to an appeal to the Council.
9.2 Mayor – speaking on motion – to leave chair
The Mayor may answer questions and comment in a general way without relinquishing the chair, but if he/she wishes to speak to a motion taking a position and endeavoring to persuade the Council to support that position, then he/she shall first relinquish the chair.
9.3 Mayor – leaving chair – member designated in place
If the Mayor desires to relinquish the chair for the purpose of taking part in the debate or for any other reason, the Mayor shall relinquish the chair to the Deputy Mayor. In the absence of the Deputy Mayor the Mayor shall designate another member to fill the Mayor’s place until the Mayor resumes the chair.
9.4 Speaking – recognition by Mayor – required
Before a Member may speak to any matter, he/she shall first be recognized by the Mayor.
9.5 Speaking – order – determination
When two or more Members indicate simultaneously that they wish to speak, the Mayor shall name the member who is to speak first.
9.6 Speaking – limitation – subject – maximum 5 minutes
When a Member is speaking to a motion, he/she shall confine his/her remarks to the motion and in speaking shall be limited to a maximum of 5 minutes.
9.7 Speaking – once only – exception – vote – reply
No person shall speak more than once to any motion, unless otherwise decided by the Mayor, but the Member who has made a motion shall be allowed to reply for a maximum of 5 minutes.
9.8 Motion – under debate – read – at any time
A Member may require the motion under debate to be read at any time during the debate, but shall not interrupt a member who is speaking.
9.9 Disruption – Council – by member – prohibited
A Member shall not disturb the Council by disorderly conduct or comments.
9.10 Offensive language – insults – prohibited
A Member shall not use profane or offensive words or insulting or offensive expressions.
9.11 Disobedience – rules - points of order – prohibited
A Member shall not disobey the rules of the Council or a decision of the Mayor or of the
Council on points of order or on the interpretation of the rules of procedure.
9.12 Leaving seat – disturbance during vote – prohibited
No person shall leave his/her seat or make noise or cause a disturbance while a vote
is being taken or until the result is declared.
9.13 Speaking – without addressing – prohibited
No person shall speak until he/she has addressed himself/herself to the Mayor or
Chair.
9.14 Interruption – speakers – exception
A Member shall not interrupt a Member who is speaking, except to raise a point of order
or a question of privilege.
9.15 Leaving meeting – not to return – Mayor informed
A Member shall not leave the meeting when he/she does not intend to return thereto
without first advising the Mayor or Chair.
9.16 Disorderly conduct – member to be removed – question
In the event that a member persists in a breach of the rules of this By-law, after having
been called to order by the Chair, the Chair shall put the question “shall the Member be
ordered to leave his/her seat for the duration of the meeting?” and such question is not
debatable.
9.17 Disorderly conduct – member to leave seat
If the Council decides the question set out in Section 9.16 of this By-law in the
affirmative by a majority vote of the members, the Chair shall order the
Member to leave his/her seat for the duration of the meeting.
9.18 Apology – member to resume seat – by permission
If the Member apologizes, the Chair, with the approval of the Council, may
permit him/her to resume his/her seat.
9.19 Council – contact – Senior Staff – prior to meeting
Members of Council are encouraged to contact the appropriate Senior Staff prior
to a meeting to raise questions or clarify issues relevant to a matter on the Council
Agenda.


PART 10
10.0 POINT OF ORDER
10.1 Point of Order -raising - precedence
When a Member desires to address Council upon a matter which concerns the
contravention of or departure from the rules, procedures or generally accepted practices
of Council, the Member shall be permitted to raise such point of order. A point of order
shall take precedence over other matters. While the Chair is ruling on the point of order,
no one shall be considered to be in possession of the floor.
10.2 Point of Order - violation - right to floor
A Member who desires to call attention to a violation of the rules of procedure shall ask
leave of the Chair to raise a point of order. When leave is granted, the Member shall state
the point of order with a concise explanation and shall attend the decision of the Chair
upon the point of order. The Speaker in possession of the floor when the point of order
was raised, shall have the right to the floor when debate resumes.
10.3 Member called to order - vacate floor
A Member called to order by the Chair shall immediately vacate the floor until the point
of order is dealt with and shall not speak again without the permission of the Chair unless
to appeal the ruling of the Chair.
10.4 Point of Order - believed violation - Chair to rule
When a Member desires to call attention to what the Member believes to be a violation of
the rules of procedure, the Member shall, when once been recognized by the Chair, rise
on a point of order. On raising a point of order, a Member shall state the point of order
with a concise explanation and the Chair shall rule upon the point of order.
10.5 Appeal - immediate
Unless a Member immediately appeals the ruling of the Chair, the ruling of the Chair on
the point of order shall be final.
10.6 Appeal - procedure
If the ruling is appealed, the appeal procedure set out in Section 12.0 shall be followed.
10.7 Point of Order dealt with - debate to resume
Once the point of order has been dealt with, the debate shall resume at the point it was
before the point of order was raised unless the decision on the point of order has changed
this procedure.
10.8 Chair - decision final unless immediately appealed
The decision of the Chair shall be final, subject to an immediate appeal by a Member of
Council.
10.9 Decision appealed - Council ruling final
If the decision is appealed, the Chair shall give concise reasons for his ruling and
Council, without debate, shall decide the question and the ruling of Council shall be final.


PART 11
11.0 POINTS OF PRIVILEGE
11.1 Point of Privilege - raising
When a Member desires to address the meeting upon a matter that concerns the rights or
privileges of Council or Committee, as the case may be, or of a Member thereof, the
Member shall be permitted to raise such point of privilege.
11.2 Point of Privilege - precedence
A point of privilege shall take precedence over other matters except for points of order
and motions to adjourn.
11.3 Member called to order - stop speaking - resumes floor after decision dealt with
When a Member is called to order by the Chair so that a point of privilege can be dealt
with, the Member shall stop speaking until the point of privilege has been dealt with,
after which such Member shall be entitled to resume the floor and continue speaking
unless the decision on the point of privilege requires the procedures to be changed.


PART 12
12.0 RULES OF APPEAL
12.1 Chair presides - ruling of points of order/privilege
The Chair shall preside over the conduct of the meeting including the preservation of
good order and decorum, ruling on points of order, points of privilege, points of
information and ruling on all questions relating to the procedure of the meeting.
12.2 Ruling of Chair - subject to appeal
Any ruling of the Chair is subject to an appeal to the Members by a Member.
12.3 Member appealing - member to state reason - Chair may make indications
If an appeal is made by a Member for a ruling of the Chair, the Member appealing shall,
after announcing the appeal, state the reasons for such appeal and the Chair may then
indicate why the appeal should be rejected and the Chair’s ruling upheld.
12.4 Member vote - without debate
Without debate on the appeal, the Members by roll call shall then vote on the appeal.
12.5 Appeal upheld - Appeal rejected
If the appeal is upheld, then the Chair shall change his/her ruling accordingly; if the
appeal is rejected the Chair’s ruling stands.


PART 13
13.0 MOTIONS – ORDER – PUTTING MOTIONS
13.1 Motion – filed with Clerk
A Member of Council may file a motion to be placed on the agenda with the Clerk no
later than 12:00 noon on the Thursday prior to the regular Council meeting, as deemed
appropriate.
13.2 Notice of Motion – filed with Clerk-before meeting
A Member of Council may file a Notice of Motion with the Clerk, to be noted on the
agenda, of which will be deliberated at the next regular Council meeting.
13.3 Notice of Motion - filed with the Clerk - at meeting
A Notice of Motion in writing may also be received by the Clerk prior to the closing
of the meeting and in this event the Chair or other presiding officer or the
Clerk shall read the Notice of Motion and it shall be duly recorded in the minutes and
shall form part of the Agenda for the subsequent meeting.
13.4 Motion - not on Agenda - not presented
A motion not on the Agenda shall not be presented without the prior notice required
under this section.
13.5 Suspend notice - without prior notice - resolution passed by 2/3 of Council
Notwithstanding section 13.4, any motion may be introduced without notice, if
Council/Committee dispenses with such notice by resolution passed by 2/3 of the
members present.
13.6 Notice of Motion - no mover or seconder required - until debate
The presentation of a Notice of Motion does not require a mover or a seconder until it
comes before a meeting for debate.
13.7 Notice of Motion - prior notice received - moved and seconded at meeting
A motion for which notice was given in accordance with this by-law must be moved and
seconded at the meeting on which it appears on the Agenda for debate.
13.8 Notice of motion - presented on appropriate form
A Notice of Motion must be presented in the appropriate motion format on the
appropriate municipal form.
13.9 Motion – moved and seconded before debate
Motions of Council shall be moved, seconded and be received by the Chair before being
debated or put to a vote.
13.10 Withdrawal – before put – requirement
Every motion shall be deemed to be in the possession of Council for debate after it is
accepted by the Chair, but may be withdrawn with the joint support of the mover and
seconder at any time before the question is put to a vote
13.11 Calling the Question
After a question is finally put by the Chair, no Member shall speak to the question, nor
shall any other motion be made until after the vote is taken and the result has been
declared.
13.12 Decision – voting
The manner of determining the decision of the Council or Committee of Council on a
motion shall be at the discretion of the Chair and shall be by a show of hands, unless
stated by the Chair and any motion shall require votes from a majority of the Members
present in order to be valid and binding on Council or Committees of Council.
13.13 Motion under debate – other motions permitted
When a motion is under debate, no other motion shall be in order except a motion:
a) to adjourn;
b) to proceed beyond the hour of 11:00 p.m.;
c) to lay on the table (to set a motion aside temporarily in order to take up a more pressing matter);
d) to put the question (to close the debate);
e) to postpone (defer);
f) to refer; or
g) to amend.
13.14 Motion to adjourn – qualifications
A motion to adjourn shall:
a) not be amended;
b) not be debated;
c) always be in order, except when a member is speaking or the members are voting.
13.15 Adjournment – 11:00 p.m.
All Regular Council and Standing Committee meetings shall stand adjourned when the
Council has completed the business as listed on the Agenda, or upon the arrival of the
hour of 11:00 p.m.
13.16 Adjournment – extensions – reconvene – subsequent Council Meeting
If other business on the Agenda is not completed after an extension or extensions, the
meeting(s) shall reconvene at 7:00 p.m. on the subsequent regular Council Meeting or on
another day and time as agreed upon by Council by majority vote.
13.17 Motion to proceed beyond 11:00 p.m. – qualifications
A motion to proceed beyond the hour of 11:00 p.m. shall:
a) not be amended;
b) not be debated; and
c) always be in order, except when a Member is speaking or the Members are voting
13.18 Motion to proceed past midnight – qualifications
A motion to proceed past midnight and each hour thereafter shall:
a) not be amended;
b) not be debated;
c) always be in order, except when a member is speaking or the Members are voting; and
d) shall require a unanimous vote of those Members present or the meeting shall automatically be adjourned.
13.19 Motion to lay on the table – qualifications
A motion to lay on the table a particular matter removes the subject from consideration until Council votes to take from the table. A matter can be tabled for a specific period of time or tabled indefinitely. A motion to take from the table is required to bring the matter back before Council for consideration. A motion to lay on the table shall:
a) not be amended;
b) not be debated; and
c) apply to the main motion and any amendments thereto under debate at the time when the motion to set aside the pending motion was made.
13.20 Motion to postpone (defer) – to certain time – procedure
A motion to postpone (defer) is used to postpone discussion for a certain period of time.
A motion to postpone (defer) a matter to a certain time shall:
a) be open to debate; however, the debate must be limited to the advisability of the proposed postponement;
b) be amendable.
13.21 Motion to refer – qualifications
A motion to refer is used to give closer study of the subject. It is used to require a committee or staff to examine the matter under consideration in greater detail. A motion to refer a matter should include the name of the committee or official, etc. to whom the matter is to be referred and instructions respecting the terms upon which the matter is to be referred, and, shall:
a) be debatable (debate restricted to the pros and cons of making the referral);
b) be amendable; and
c) preclude amendment or debate of the preceding motion, unless the motion to refer is resolved in the negative, in which case the preceding motion shall be open to debate and amendment.
13.22 Motion to amend – qualifications
A motion to amend, add to, delete from, or substitute words in the main motion, shall:
a) be open to debate;
b) not propose a direct negative to the main motion; and
c) be relevant to the main motion.
13.23 Motion to amend – main motion – one at a time
Only one motion to amend the main motion shall be allowed at one time.
13.24 Motion – not within jurisdiction – not in order
A motion relating to a matter not within the jurisdiction of the Council is not in order and shall not be entertained by the Chair.

PART 14
14.0 VOTING
14.1 Request – call the question – decision – Mayor
A Member of Council may request that the Mayor or Chair “call the question” and the Mayor or Chair may accept or deny the request. Unless a Member immediately appeals the decision to the Council, the decision of the Mayor or Chair shall be final.
14.2 Amendment – to amendment – voted on first
A motion to amend an amendment to a motion shall be voted on first.
14.3 Voting – order
Voting on the main motion and amending motions shall be conducted in the following order:
a) a motion to amend a motion to amend the main motion;
b) a motion, as amended, to amend the main motion; and
c) the main motion, as amended.
14.4 Motion to vote – immediately – after all have spoken
A motion shall be put to a vote by the Chair immediately after all Members desiring to speak on the motion have spoken.
14.5 Speaking – after motion – before vote announced
After a motion is put to a vote by the Chair, no Member shall speak on that motion nor shall any other motion be made until after the result of the vote is announced.
14.6 Mandatory vote – all members – exception
Every Member present shall vote on every motion unless the Member has declared a pecuniary interest in the matter. The Chair’s declaration of the vote shall be deemed to reflect how he/she voted on the motion.
14.7 No vote – deemed negative – exception
Notwithstanding the provisions of Section 14.6 of this by-law, every Member who is not disqualified from voting by reason of a declared pecuniary interest shall be deemed to be voting against the motion if he/she declines or abstains from voting.
14.8 Secret voting – prohibited - except for provision of Municipal Act
No vote shall be taken by Council by ballot or by any other method of secret voting and every vote so taken is of no effect, except as provided by Section 233(5) of the Municipal Act, 2001, c. 25 as amended whereby the Head of Council may be appointed by secret ballot.
14.9 Result – announced – by Mayor
The Mayor or Chair shall announce the result of every vote taken as either Carried or Defeated.
14.10 Tie vote – deemed defeated
When a vote is taken and a tie results, the motion is deemed to be defeated.
14.11 Recorded vote – required – when called for
A recorded vote shall be taken when called for by any Member or when required by law. The Clerk shall call upon each Member of Council entitled to vote on the motion, to answer “Yea or Nay”.
14.12 Recorded vote – called for – before/after – vote
A Member may call for a recorded vote immediately prior to or immediately after the taking of the vote.
14.13 Recorded vote – names – entered in minutes
When a recorded vote is taken, the names of the Members of Council who voted in support and those who voted in opposition to the motion shall be entered in the minutes.
14.14 Recorded vote – all members to vote – exception
All Members present shall vote when a recorded vote is called for, except when they have been disqualified from voting by reason of a declared conflict or pecuniary interest.
14.15 Voting – numbers of members – calculation
In any vote required of the whole Council, the number of Members constituting the Council shall be determined by excluding:
a) the number of Members who are present at the meeting but who are excluded from voting by reason of the Municipal Conflict of Interest Act, R.S.O. 1990, cM.50, as amended, and any successor legislation thereto.
14.16 Opposition – support – not recorded in Minutes – exception
The Clerk shall not note dissenting votes in the Minutes, unless a request has been made
by a Member of Council for a recorded vote.


PART 15
15.0 RECONSIDERATION
15.1 Introduction – by majority voter
A motion to reconsider a decided matter shall only be moved by the Member who voted with the majority on the original motion.
15.2 Reconsideration – 2/3 vote – whole Council required
A motion to reconsider a decided matter at the same meeting shall require the approval of two-thirds support of the whole Council.
15.3 Reconsideration – subsequent meeting
A motion to reconsider a decided matter at a subsequent meeting shall require the approval of a majority of Council.
15.4 Reconsideration – qualifications
A motion to reconsider:
a) is not debatable;
b) is not amendable
c) cannot be considered if the action approved in the motion cannot be reversed;
d) suspends action on the motion to which it applies until it has been decided.
15.5 Members – responsible – determination – how voted
Each Member of Council shall be responsible for making a determination on how the Member voted on a specific matter. The Clerk shall not record or note in the minutes how a Member votes unless a request for a recorded vote has been made.
15.6 Reconsideration – once – twelve months
No motion shall be reconsidered more than once during a period of twelve months following the date on which the question was decided.
15.7 Debate – prohibited – statement of reason – permitted
No debate on a motion to reconsider a decided matter shall be permitted; however the mover of a motion may give notice at the next Regular Meeting of Council and may provide or may make a brief and concise statement outlining the reasons for proposing
such reconsideration.
15.8 Affirmative vote – original matter – next business
If a motion to reconsider is decided in the affirmative, then consideration of the original matter shall become the next order of business.
15.9 Succeeding Council – not reconsideration
When a question is brought before a succeeding Council, it shall be deemed to be new business and not a matter of reconsideration.


PART 16
16.0 PETITIONS - DELEGATIONS
16.1 Appearance – before Council – written request – spokesperson
Any person desiring to be heard must submit to the Clerk a request in writing and signed, stating the purpose of the deputation, not later then 12:00 noon on the Thursday preceding the Council Meeting. Only one spokesperson shall speak on behalf of a delegation to Council.
16.2 Delegations – not on Agenda - to be included on subsequent Agenda
Following the preparation of the agenda, any person, desiring to be heard on an item or subject already listed on a Council or Committee of Council agenda, must submit a request in writing and signed stating the Agenda item he or she wishes to speak on and that delegation shall be included on the subsequent Council or Committee Agenda.
16.3 Business – stated – related to
Persons addressing Council or a Committee of Council shall confine their remarks to the stated business.
16.4 Delegation – time limit
Deputations shall limit their presentations to not more than ten (10) minutes, and successive extensions of five minutes may be granted by approval of the Mayor or Chair. Persons requesting to appear before Council or a Committee of Council shall be advised by the Mayor or Chair of the time limitation in advance of their presentation.
16.5 Appearance – before Council – copy of presentation
Persons appearing before Council shall provide a copy of their presentation to the Clerk at the meeting and the Clerk shall retain a copy of the presentation for an appropriate period of time.
16.6 Curtail – delegation – reason
The Mayor or Chair may curtail any delegation, any questions of a delegation or debate during the presentation, for disorder or other breach of this by-law and if the Mayor or Chair rules that the delegation is concluded, the person or persons appearing shall withdraw from the delegation table.
16.7 Limit – Deputations - Council Meetings - emergency nature
No more than two deputations shall be scheduled for any one Council Meeting unless otherwise approved by the Mayor or Chair, or unless the matter is considered by the Mayor or Chair to be of an emergency/urgent nature.
PART 17
17.0 PETITIONS – COMMUNICATIONS
17.1 Presentation – information – legibly written – signed
Every communication or petition intended for presentation to Council shall be legibly written or printed and shall be signed by at least one person giving his/her address.
Procedural By-law No. 2008-008
20
17.2 Material – distribute to Council – prohibited – unless authorized
No person, except a Member of Council or authorized staff shall, before a Meeting of Council, place on the desks of Members or otherwise distribute any material whatever unless such person is acting with the approval of the Clerk.
17.3 Listed – under New Business
The Clerk shall list under New Business only those communications and petitions which pertain to matters of Council business.
17.4 Language – obscene – defamatory – prohibited
Communications or petitions containing obscene or defamatory language shall not be listed on the Agenda, but shall be directed to the Clerk.
PART 18
18.0 ADOPTION OF MINUTES
18.1 Minutes - Council meeting - previous meeting - changes
During the adoption of the Minutes of a previous Meeting of Council, no changes can be made in the action taken by Council at the previous meeting; only changes in the form of errors and omissions and recording of any action taken at the previous meeting may be made in adopting the Minutes.
18.2 Minutes - Committees - changes
During the adoption of the Minutes of a Committee Meeting any Council Member may discuss any items mentioned in the Committee Minutes; and Council may, by resolution, change any action taken or not taken by the Committee; and changes in the form of errors and omissions in the recording of any action taken at the Committee Meeting may be made in the adopting of the Minutes.
18.3 Minutes - Council/Committee - available to public
Minutes of Council or Committee Meetings shall be available to the public once they have been adopted by Council at the subsequent Council Meeting.
PART 19
19.0 COMMITTEE MINUTES
19.1 Minutes – completed – Committee recommendations
Minutes of Committees of Council shall be listed in the Section on the Agenda designated for Reports from Committees for the next Regular Council Meeting following the Committee Meeting and the Minutes shall include all of the recommendations made at the Committee Meetings.
19.2 Minutes – adopted – confirmed – by motion of Council
Minutes of each Committee may be adopted by Council in a single motion and the passage of such a motion shall be taken to confirm and adopt all of the resolutions contained in the Minutes, except for those resolutions dealt with or voted on separately.
19.3 Resolutions – pulled – vote on separately – notification
The Clerk or his/her designate, requires notification from Councillors on any Committee resolutions that are to be pulled from the Minutes and voted on separately by Council, no later than 10:00 a.m. on the day of the Council Meeting.


PART 20
20.0 REPORTS FROM MUNICIPAL OFFICERS
20.1 Reports – signatures required
Reports from Municipal Officers must be signed by the writer. The signatures are required from the writer, Manager and the Clerk-Treasurer.
20.2 Reports – deadline – submitted to Clerk and Mayor – approval
Reports must be submitted to the Clerk and thereafter the Mayor no later than 12:00 noon on the Thursday before the Council Meeting for approval and signature of the Clerk and approval of the Mayor.
20.3 Reports – urgent matter – exception
Should an urgent matter arise where a report needs to be presented to Council for approval and the deadline has passed, the approval of the Mayor and Clerk is required before the Report can be placed before Council.


PART 21
21.0 ENACTMENT OF BY-LAWS
21.1 By-laws – introduced
By-laws shall be introduced in the Section on the Agenda designated for Action Letters.
21.2 Reading – 3 – required – before enactment
Every By-law shall receive First Reading, Second Reading and Third Reading by Council before being enacted, unless provided otherwise by law.
21.3 Introduction – same motion – First Reading
All the By-laws may be introduced in the same motion, duly moved and seconded, specifying the number and title of the By-law, giving them a First Reading, with no debate. Debate on amendments to the By-law may take place after the reading of the Motion of Second and Third Reading.
21.4 By-law – introduced – final form
Every By-law introduced at a Council meeting shall be in its final form and contain no blanks, except such as may be required to conform to accepted procedure or to comply with the provisions of any Act.
21.5 Councillor – Pecuniary Interest – By-law
If a Member of Council has a pecuniary interest on a By-law, the Clerk shall note in the Minutes the Member of Council and the cause of the particulars of the disclosure.
21.6 Draft by-law – Standing Committee
A draft By-law may be presented in writing to Council at a Council Meeting for discussion and amendments if required, or to an Advisory Committee for discussion and amendments if required, prior to its passing at a Council meeting.
21.7 By-law – enacted – Council
Every By-law enacted by the Council shall be numbered and shall be signed by the Mayor and Clerk, sealed with the seal of the Corporation and shall show the dates of the three readings by the Council. The Clerk shall ensure that the By-law is properly stored for safekeeping.
21.8 By-law – Clerk – safekeeping
Every By-law enacted by Council shall be deposited with the Clerk for safekeeping.

PART 22
22.0 STANDING COMMITTEES - MEETINGS
22.1 Standing/Advisory Committees – composition
There shall be the following Standing Committees of Council.
1) Committee of Adjustment
2) Recreation Committee
22.2 Standing Committees – mandate - schedule “A”
Schedule “A” (attached) sets out the mandate for each committee.
22.3 Meeting – special – called by Chair
Special meetings of a Standing Committee may be called by the Chair whenever he/she considers it necessary.
22.4 Chairs – members – appointment – procedure
The Chair and Members of the Standing Committees shall be appointed by the Mayor at the Inaugural Meeting in each term of Council of a regular municipal election year or at the 1st regular meeting of Council thereafter.
22.5 Mayor – member – ex-officio – all standing committees
The Mayor shall be ex officio, a Member of all standing committees and entitled to vote and to make motions and amendments.
22.6 Procedure – modifications
The rules governing the procedure of the Council and the conduct of its members shall be observed in all Standing Committee meetings, with the necessary modifications, except that:
1) motions do not require a seconder;
2) a Member shall not speak more than once to a motion until every Member who desires to speak has spoken once;
22.7 Points of order – decision by Chair
Points of order arising in Standing Committee shall be decided by the Chair, subject to an appeal by a Member of the Committee.
22.8 Standing Committee – recommendations – to Council
Each Standing Committee may make recommendations to Council by Report of the Standing Committee at the next regular Council meeting, unless otherwise decided.
22.9 Minutes – kept – report to Council
Minutes of Standing Committees shall be kept and the proceedings shall be recorded in the form of recommendations voted upon by the members.
22.10 Agenda – distribution – deemed notice
The Agendas shall be deemed notice of regular Standing Committee meetings.
22.11 Agenda – distribution
The Chair, through the Clerk or his/her delegate (Recording Secretary), shall cause to be delivered to each Member of Council and Committee Member an Agenda for each Standing Committee in accordance with Section 5.2.
22.12 Agenda – not received – validity – not affected
Lack of receipt of the Agenda by the Members shall not affect the validity of the Standing Committee Meeting or any action lawfully taken thereat.

PART 23
23.0 AD-HOC COMMITTEES
23.1 Ad – Hoc Committees – composition – mandate
Ad-Hoc Committees may be established by Council from time to time for consideration of specific matters within the jurisdiction of the Council. When Council establishes an Ad-Hoc Committee a mandate for the Committee, as well as the composition shall be adopted. The resolution appointing the Ad-Hoc Committee shall include the name of the Ad-Hoc Committee and a sunset provision being the date by which the Committee must report back to Council and will cease to exist. If an Ad-Hoc Committee requires extra time the Chair must come back to Council requesting the additional time needed.
23.2 Chairs – Vice Chairs – appointment – procedure
The Chairs and Vice-Chairs shall be determined and appointed by the Mayor.
23.3 Mayor – member – ex officio – Ad-Hoc Committees
The Mayor shall be ex-officio, a Member of Ad-Hoc Committees and entitled to vote and to make motions and amendments.
23.4 Meetings – regular – exception
Ad-Hoc Committees shall meet in accordance with the meeting schedule established by the Ad-Hoc Committee at a location to be determined by the Chair.
23.5 Meetings – special – called by Chair
Special meetings of Ad-Hoc Committees may be called by the Chair whenever he/she considers it necessary.
23.6 Motions – procedure
Motions do not require a seconder.
23.7 Agenda – distribution
The Chair shall determine the method and manner of distribution of the Agendas for Special Purpose Committees.
23.8 Agenda – not received – validity – not affected
Lack of receipt of the Agenda by the Members shall not affect the validity of the Meeting or any action lawfully taken thereat.


PART 24
24.0 DISCLOSURER OF PECUNIARY/CONFLICT OF INTEREST
24.1 Provision of Matters
1) Members of Council are bound by the provisions of the Act and have personal responsibilities and duties.
2) The Clerk shall provide each Member of Council with a copy of the Act prior to being sworn into Office.
3) A Member who knows that he or she will be declaring a pecuniary/conflict of interest at an upcoming Meeting should notify the Clerk prior to the Meeting, and
4) Each Member of Council and Local Board has an individual responsibility
to satisfy himself/herself as to whether he/she has a pecuniary/conflict of
interest in accordance with the legislation. No Member of Council or Local
Board shall seek specific advice from any member of the municipal
administration.

PART 25
25.0 CONTENTS OF BY-LAW
25.1 Standing and Advisory Committees
The contents of this By-law, which are applicable, shall apply to all Standing Committees of Council and Advisory Committees of Council.


PART 26
26.0 AMENDMENT TO THIS BY-LAW
26.1 Procedure suspended – majority of members
Any procedure required by this By-law may be suspended for the duration of the Meeting with the consent of a majority of the Members of the Council or Committee of Council present.
26.2 Notice – no amendment or repeal
No amendment or repeal of this By-law or any part thereof shall be considered at any Meeting of the Council unless notice or proposed amendment or repeal has been given at a previous Regular Meeting of the Council and the waiving of this notice by the Council is prohibited. A motion adding or dissolving a Committee passed at the preceding Regular Council Meeting is of sufficient notice.
26.3 “Notice of Provisions” – published in local publication
In accordance with the “Notice of Provisions” in the new Municipal Act, 2001, c.25, s. 251, as amended, no amendment or repeal of this By-law shall take place until notice is published in the local newspaper, within fourteen (14) days prior to the proposed action being taken.
26.4 Proposed By-law – deferred – notice
If the proposed By-law is not passed at the Council Meeting specified in the notice, but consideration of the matter is deferred, no further notice is required. This also applies to any further deferrals of the matter.


PART 27
27.0 SEVERABILITY
27.1 Validity – By-law
Should any section, subsection, clause, paragraph or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the By-law as a whole or any part thereof, other than the provisions so declared to be invalid.


PART 28
28.0 REPEAL OF PREVIOUS BY-LAW & AMENDMENTS
28.1 By- law – previous
By-law 2003-023 is hereby repealed.

PART 29
29.0 ENACTMENT
Take Force and Effect
This By-law shall take full force and effect on the final date of passing thereof.
READ a first time this 22nd day of April, 2008.