A by-law to govern the calling, place, and proceedings of the meetings of Council and its committees and the conduct of their members and to repeal By-laws 56-2019, 23-2020, 55-2020, 68-2020, 69-2021 and 8-2022.
Whereas the Council of the Regional Corporation on September 26, 2019 passed By-law 56-2019 to govern the proceedings of Council and its committees pursuant to Section 238(2) of the Municipal Act, S.O. 2001, Chapter 25, as amended, and the Regional Municipality of Peel Act, 2005, S.O. 2005, Chapter 20;
And whereas, the Council of the Regional Corporation on March 26, 2020 passed By-law 23-2020, on July 23, 2020 passed By-law 55-2020, on November 12, 2020 passed By-law 68-2020, on December 9, 2021 passed By-law 69-2021 and on February 24, 2022 passed By-law 8-2022, all to amend By-law 56-2019;
And whereas, the Council of the Regional Corporation on December 9, 2021 passed By-law 70-2021, to change the composition of Regional Council relating to the appointment and term of office of the Head of Council pursuant to section 218 of the Municipal Act, to come into force on the day the new Council is organized following the first regular election in 2022;
And whereas, the Council of the Regional Corporation has by resolution passed on the 12th day of May, 2022 authorized the enactment of the by-law herein;
Now therefore the Council of the Regional Corporation enacts as follows:
1.1 Rules of procedure
Subject to the provisions of any applicable statutes, the calling, place and proceedings of meetings of Council and its committees and the conduct of their members, shall be governed by the rules and procedures contained in this by-law and the provisions of this by-law may be referred to as the "Rules of Procedure".
Where any matter related to the conduct of meetings is not expressly or by necessary implication provided for in this by- law, the rules of procedure as contained in Robert's Rules of Order shall be followed for governing the proceedings of Council and its committees and the conduct of its members.
The Rules of Procedure, with the exception of Appendix 4 (Appointment of the Regional Chair), may be suspended with respect to the consideration of one or more matters or questions during the course of a single meeting by a two- thirds vote. Such a motion shall identify the basis of the request for the suspension of rules.
Informal meetings of Council or committee may be called so long as: there is not a quorum of Councillors present; the meeting does not materially advance the business or decision making of Council, the local board or committee; and, during any such informal meetings, no motion may be presented, and no resolution or by-law may be passed. A notice of motion may be added to the agenda for consideration at a subsequent formal meeting of Council or committee as the case may be
“by-law” means an enactment of Council in writing described on its face as a by-law of The Regional Municipality of Peel, the original of which has been authenticated by the signatures of the Regional Chair and the Regional Clerk and ‘by-law’ may be used to refer to the written document presented to Council for enactment as a by-law where the context requires.
“committee” means any advisory committee or other committee, subcommittee, task force or similar entity, of which at least 50 per cent of the committee members are members of Regional Council unless membership is otherwise provided for in the committee’s Terms of Reference. The members of the committee who are Regional Council members have the right to designate another member of Council (other than a member of Council who is already a committee member), to attend and vote in that member’s absence.
“Committee Chair” means the member of a committee that was elected to preside over the committee meetings by the members of the committee.
“committee recommendation” means a recommendation passed by a committee that is presented for adoption as a resolution by Council.
“committee report” means the minutes of a committee meeting containing any committee recommendations.
“Committee Vice-Chair” means the Vice-Chair of a committee who upon election by the members of the committee has the function of presiding over a meeting or portion of a meeting in the absence of the Committee Chair.
“consent agenda” means a mechanism to streamline agendas and to reduce the overall time of addressing the items listed by approving, with one vote, routine items which do not require discussion/are non-controversial.
“Council Section” means the portion of the agenda under which reports and correspondence are grouped and shall include but not necessarily be limited to Health, Human Services, Corporate Services, Public Works, and Planning and Growth Management but shall not include those matters to be considered In Camera.
“delivery” or “agenda delivery” means the manner of distributing the agendas to members of Council, and the Regional Chair including hand-delivery, distribution via courier, use of electronic means and/or e-mail not less than 72 hours prior to a Council or committee meeting.
“eligible to vote” means having as a member the right to vote at a meeting. At a meeting of Council every member present has the right to one vote, other than the Regional Chair where the Regional Chair is not a Regional Councillor, except in the case where there is an equality of votes in which case the Regional Chair who is not a Regional Councillor shall have a vote (to break a tie). For greater clarity, where the Regional Chair is an elected Regional Councillor, the Chair shall only have one vote and shall not have any additional votes to break a tie. At any committee meeting every member present including the Presiding Officer and the Regional Chair (or the Chair’s Regional Vice-Chair delegate where applicable) has the right to vote.
“ex-officio” means by virtue of the office or position. The Regional Chair is an ex-officio member of all committees who shall have the full voting privileges and be counted for quorum. The Regional Chair may delegate the Chair’s membership on a particular committee or committees of which the Chair is an ex-officio member to a Regional Vice-Chair, where applicable, with the consent of Council, and such delegation shall not extend beyond the term of office of the Regional Chair who makes the delegation.
“Inaugural Meeting” means the first meeting of Regional Council following a regular election.
“In Camera” means that part of a meeting that is closed to the public, other than those persons specifically invited by the Regional Chair, Council or committee members to remain and may also be referred to as “Closed Session”.
“Investigator” means the person or agency retained by The Regional Municipality of Peel to conduct Closed Session investigations or appeals.
“local board” means any board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of the municipality; excluding the police services board, school boards, public library boards, any other local board as may be prescribed, and conservation authorities.
“majority vote” means more than half of the votes cast by the members who are present and eligible to vote.
“meeting” includes any regular, special or other meeting of Council or committee where a quorum of members is present and members discuss or otherwise deal with any matter in a way that materially advances the business or decision making of the council, local board or committee.
“member” means a Regional Councillor, or an alternate member appointed under Section 268 of the Municipal Act, 2001, as amended, while in attendance at a Regional Council meeting (as outlined in Appendix 5 and subject to sections 4.3.5. a., b. and c.) and includes the Regional Chair, except that in respect of an advisory committee it shall also refer to committee members who are not members of Regional Council provided that any such committee member shall not have the right to designate another person or member of Council to attend and vote in that member’s absence, unless specifically permitted to do so by the Terms of Reference of said committee (see section 2.3.9).
“Midterm Special Meeting” means a meeting held the day of the first Council meeting following November 15 at the commencement of the third year of Council’s term, for the purpose of appointing the Regional Chair and where applicable the Regional Vice Chairs, for the next ensuing two-year term, where the Chair appointed at the beginning of the term of Council is a Regional Councillor. No other business shall be conducted at or after the Midterm Special Meeting until the Regional Chair and where applicable the Regional Vice-Chairs are appointed.
“motion” means a proposal by a member presented in a meeting in accordance with the Rules of Procedure, that Council resolve and effect a decision and includes a committee recommendation contained in a committee report.
“Notice of Motion” means a motion provided by a member who shall be the owner of the motion to be brought forward at the next meeting and will be listed under the Notice of Motion section of a Council agenda.
“other business” means new business or a matter not related to an item on the draft agenda pertinent to the business of the Region that may be of an urgent nature or require direction from Council or committee or report back to a future meeting of Council or committee.
“Presiding Officer” means the Regional Chair or the Committee Chair while they are presiding at a meeting, and such other person as may be authorized or appointed to preside at a meeting in their absence under the Rules of Procedure, or as provided in the committee’s Terms of Reference.
“proxyholder” means a member of Regional Council who has been appointed by another member of Council as a proxy to act in their place when they are absent subject to the rules set out in section 243 of the Municipal Act, 2001, as amended, and in accordance with the process attached as Appendix 7 to this bylaw.
“public meeting” means a public meeting under the Municipal Act, 2001, as amended, or the Planning Act, or any other statute that requires or permits Council to hold a public meeting, in accordance with Appendix 3 – Public Meetings.
“quorum” means a majority of members representing all lower-tier municipalities at Council meetings or a majority of the total number of committee members or as provided in a committee’s Terms of Reference.
“recorded vote” means a vote in which the votes of all members present for the vote are recorded showing the names, whether they voted in favour or opposed or abstained. The name of a member of Council for whom a proxyholder is voting shall be recorded and the vote cast on behalf of that member.
“Region” and “Regional Corporation” means The Regional Municipality of Peel.
“Regional Chair” means the head of Council.
“Regional Clerk” and “Clerk” means the Clerk of the Region appointed under the Municipal Act, 2001, as amended, and shall include the “Deputy Clerk” and any other employee of the Regional Corporation to whom the Regional Clerk has delegated any of the Clerk’s powers and duties under the Municipal Act, 2001, as amended, to the extent that they are authorized to perform any of the duties of the Clerk under this by-law.
“Regional Vice-Chair” means, where a Regional Councillor has been appointed as Regional Chair, one of two Regional Councillors who are lower tier municipal ward councillors appointed for a two-year term, from amongst the remaining Regional Councillors, representing two lower tier municipalities that differ from one another and from the municipality represented by the Chair, and having the role of assisting the Chair and acting from time to time in the place of the Chair at the request of the Chair or when the Chair is absent or refuses to act or the office of the Chair is vacant.
“resolution” means the decision on any motion passed or committee recommendation adopted in a meeting of Council.
“special meeting” means a separate session of Council or committee held at a time different from that of any regular meeting, that is convened only to consider one or more items of business specified in the call of the meeting; and the reason for special meetings is to deal with matters that may arise between regular meetings;, to dedicate an entire session to one or more particular matters;, or to deal with a contentious item that could attract a significant number of delegation requests and discussions.
“two-thirds vote” means two-thirds of the votes cast by members who are present and eligible to vote as determined and fixed by the “Minimum Two-Thirds Voting Requirements Table” attached as Appendix 8.
“vacant” or “vacancy” means a vacant seat under the Municipal Act, 2001, as amended.
“workshop” means a meeting of Council or Committee, that may be conducted in accordance with section 4.10 of this by- law, intended for all members of Council, for the purpose of:
- receiving a briefing on municipal business;
- discussing emerging priorities and issues, including strategic planning; and/or
- training purposes.
The Regional Chair shall be appointed by Council at its Inaugural Meeting in accordance with the procedures as set out in Appendix 4 to this By-law. For the purpose of clarity, the Regional Chair appointed by the previous Council is not entitled to vote for the appointment of the Regional Chair at the Inaugural Meeting, under any circumstances, unless the Regional Chair appointed by the previous Council is an elected Regional Councillor of the newly organized Regional Council at the time of the vote
If the Regional Chair is appointed from amongst the elected Regional Councillors, that appointee shall:
- continue to sit as, and to fulfil the office of, a member for the lower tier municipal ward to which that appointee was elected; and
- be appointed to serve for a two-year term and until a successor is appointed, provided that Regional Council may re-appoint as Chair the same member or appoint a different member or appoint a Chair who is not an elected member of Regional Council, for the next ensuing two-year term, and provided further that the term shall not extend beyond the term of Council.
If an elected member of Regional Council is appointed as Chair, two Vice-Chairs of Regional Council shall also be appointed from amongst the remaining Regional Councillors, and such Regional Vice-Chairs shall:
- represent two lower tier municipalities that differ from one another and from the municipality represented by the Chair, and shall continue to sit as members for the lower tier municipal wards to which the appointees have been elected;
- have the role of assisting the Chair and acting from time to time in the place of the Chair at the request of the Chair or when the Chair is absent or refuses to act or the office of the Chair is vacant; and
- be appointed for a two-year term, provided that, should Regional Council appoint a Chair who is an elected member of Regional Council for the remaining term of Council, Regional Council may re-appoint as Vice-Chairs the same member or members or appoint different members for the next ensuing two-year term, subject to the requirements of 2.1.3 a) of this By-law, and provided further that the term shall not extend beyond the term of Council.
If the Regional Chair who is appointed by Council at its Inaugural Meeting is an elected Regional Councillor, the two Regional Vice-Chairs shall be appointed at the first Council meeting following the Inaugural Meeting in accordance with section 2.1.3 and the voting process outlined in Appendix 1 to this By-law.
If the Regional Chair who is appointed by Council at its Inaugural Meeting is an elected Regional Councillor and thereby appointed to serve for a two-year term, Council may reappoint as Chair the same member, appoint a different member, or appoint a Chair who is not an elected member at its Midterm Special Meeting, in accordance with the procedures as set out in Appendix 4 to this By-law. If the Regional Chair is an elected Regional Councillor, then the two Regional Vice-Chairs shall also be appointed or reappointed by Council at the same meeting, in accordance with the procedures as set out in Appendix 1.
- The Regional Clerk shall report to Council to provide notice of the Special Meeting and the procedures for appointing the Regional Chair and two Regional Vice-Chairs.
Nothing in this By-law shall prevent Regional Council from appointing a Regional Chair who is not an elected Regional Councillor and where Regional Council so appoints, sections 2.1.2, 2.1.3, 2.1.4 and 2.1.5 of this By-law shall not apply, and such Chair shall hold office for the term of Council, or such remaining portion thereof, and until his or her successor is appointed. For greater clarity, there shall be no appointments of Regional Vice-Chairs where Regional Council appoints a Chair who is not an elected Regional Councillor.
It shall be the role of the Regional Chair to carry out the responsibilities set forth in the Municipal Act, 2001, sections 225 and 226.1, as amended from time to time, as well as the responsibilities outlined in this by-law.
The Regional Chair shall be an ex-officio member of all committees, and as ex-officio member shall be counted in determining the size of the committees, and shall have the full voting privileges and be counted for quorum. If the Regional Chair is an elected Regional Councillor, the Regional Chair may delegate membership on a particular committee or committees of which ex-officio membership is held by the Regional Chair to a Regional Vice-Chair, with the consent of Council and such delegation shall not extend beyond the term of office of the Regional Chair who makes the delegation.
If the Regional Chair is an elected Regional Councillor, then the Regional Chair shall have one vote and shall in no case have more than one vote. If the Regional Chair is not an elected Regional Councillor, then the Regional Chair shall not vote in a Council meeting except in the event of an equality of votes.
If the office of the Regional Chair becomes vacant, the vacancy shall be filled by appointment in the same manner as the Chair was originally appointed and subject to the provisions of the Municipal Act, 2001, as amended and section 2 of this By-law. If the new Regional Chair appointed to fill the vacancy is an elected Regional Councillor, any existing appointment of a Regional Vice-Chair representing the same lower tier municipality as the new Regional Chair shall terminate and that Regional Vice-Chair position shall be deemed to be vacant.
If the position of a Regional Vice-Chair becomes vacant, or is deemed to be vacant, the vacancy shall be filled by appointment in the same manner as the Regional Vice-Chair was originally appointed and subject to the provisions of section 2 of this By-law.
2.2. Duties of the Regional Chair
The Regional Chair shall be the Presiding Officer at meetings of Council and it shall be the duty of the Regional Chair:
- to call the members to order, call the roll, announce the business before Council and conduct the meeting in accordance with the Rules of Procedure;
- to enforce the Rules of Procedure;
- to preserve order and decide points of order;
- to expel or exclude from any meeting any person who has been determined to be guilty of improper conduct at the meeting;
- where it is not possible to maintain order, the Regional Chair may, without any motion being put, adjourn the meeting to a time to be named by the Regional Chair;
- to authenticate by signature all by-laws, resolutions, and minutes of Council;
- to receive and put to a vote all motions, resolutions and by-laws presented by the members of Council and to announce the result; and
- to preside over all in camera matters.
2.3. Regional Chair absent
At the beginning of each term of Council the Regional Clerk shall prepare an Acting Regional Chair list designating each member (other than the Regional Chair and where applicable the Regional Vice-Chairs) for each calendar month during the term by first listing the members who were members of Council during the immediately preceding term in alphabetical order, then followed by the newly elected members in alphabetical order, then followed by all members in alphabetical order as are needed to complete designations for each calendar month during the term.
If the Regional Chair is not an elected Regional Councillor then during all absences of the Regional Chair, or if the Office of the Regional Chair becomes vacant, each member of Council in rotation is hereby appointed Acting Regional Chair from time to time in the place and stead of the Regional Chair during the calendar month for which that member is designated on the Acting Regional Chair list prepared by the Regional Clerk.
If the Regional Chair is an elected Regional Councillor, then at the beginning of the Regional Chair’s term of office the Regional Clerk shall prepare a Regional Vice-Chair Acting Schedule designating a Regional Vice-Chair for each calendar month during the term by listing the first Regional Vice Chair in alphabetical order, then followed by the second Regional Vice-Chair, on an alternating monthly basis. During all absences of the Regional Chair, or if the office of the Regional Chair becomes vacant, each Regional Vice-Chair in rotation is hereby appointed to act in place of the Regional Chair from time to time in the place and stead of the Regional Chair during the calendar month for which that Regional Vice-Chair is designated on the Regional Vice-Chair Acting Rotation Schedule. Notwithstanding the Regional Vice-chair Acting Schedule, the Regional Chair may, from time to time, call upon either Vice-Chair to assist the Chair and/or to attend a ceremonial function or special event on behalf of the Chair, based on the subject matter of the event, the geographic location, or other considerations.
Should any Regional Vice-Chair (in the case of section 2.3.3) or member (in the case of section 2.3.2) be unable to carry out the duties of Acting Regional Chair during the month for which they are designated, the next Regional Vice-Chair (in the case of section 2.3.3) or member (in the case of section 2.3.2) on the list is hereby appointed as Acting Regional Chair during such inability. At such time as the originally designated Regional Vice-Chair or member, as applicable is able to carry out the duties of Acting Regional Chair in that same month, the appointment shall return to that Regional Vice-Chair or member.
If the Regional Chair is an elected Regional Councillor, and neither one of the two Regional Vice-Chairs are able to carry out the duties of Acting Regional Chair during an absence of the Regional Chair, or if the office of the Regional Chair becomes vacant, then each member of Council in rotation is hereby appointed Acting Regional Chair from time to time in the place and stead of the Regional Chair during the calendar month for which that member is designated on the Acting Regional Chair list prepared by the Regional Clerk, and at such time as the originally designated Regional Vice-Chair is able to carry out the duties of Acting Regional Chair in that same month, the appointment shall return to that Regional Vice-Chair.
If the Regional Chair is known to be absent or if the Regional Chair does not attend a meeting of Council within 15 minutes after the time appointed, the Acting Regional Chair shall call the members to order, and if a quorum is present, shall preside during the meeting or until the arrival of the Regional Chair.
The Acting Regional Chair is authorized to exercise the powers and carry out the duties of the Regional Chair while so acting, save and except that the Acting Regional Chair shall have only one vote on any question at a meeting of Regional Council and also shall not be permitted to have a casting vote following an equality of votes.
The Regional Chair shall formally advise Council of any intention to be absent from the office for a period longer than three consecutive weeks.
At no time shall an alternate member (as appointed by a lower-tier municipality under Section 268 of the Municipal Act, 2001, as amended) be appointed as an alternate Chair for the Region of Peel. If an alternate member is substituting for the Councillor who is the Regional Chair (where the Regional Chair is an elected Regional Councillor) or for the Councillor who is the Acting Chair for that specified period, then the procedures outlined in Section 2.3.2 to 2.3.5 shall be followed.
3.1 Inaugural meeting – Council
The Inaugural Meeting shall be held after the councils of the local municipalities have held their first meetings, but in any event, not later than the 14th day following the day on which the term of office commences.
The Regional Clerk shall call the Inaugural Meeting at such time as may be appropriate.
The place of the Inaugural Meeting shall be the Region of Peel Council Chambers, unless otherwise determined by the Regional Clerk.
The Regional Clerk shall preside at the Inaugural Meeting until the Regional Chair is appointed and has taken the required declaration of office.
3.2 Regular meetings – Council and Committees
The schedule of regular meetings of Council and such other committees as have been struck by Council shall be established by Regional Council on an annual basis in September for the next calendar year. The Regional Clerk shall prepare and present a draft schedule of regular meetings to Regional Council in the month of September each year. Changes to the schedule may be made by the Regional Clerk by the addition or cancellation of meetings in accordance with this By-law or the Terms of Reference of a committee or by changing the times of meetings.
The draft schedule of regular meetings prepared by the Regional Clerk shall provide for the following:
- all regular Council meetings will be held on a Thursday beginning at 9:30 a.m., or at the call of the Regional Chair;
- there shall be a two-week rotation of meetings of Council to be followed by committee meetings as follows:
- Week 1 and Week 3 – Committee meetings
- Week 2 and Week 4 – Council meetings
- Week 5 – Regional business days;
- despite the two-week rotation there shall be no Council or committee meetings during the one week designated by the Peel School Boards for the March break or during the week before or after Christmas or the week after New Year’s or during the month of October in the year of a regular election;
- during July, there shall be only one meeting which shall be held on the first or second Thursday of the month in order to accommodate the Canada Day Statutory Holiday, which shall be a meeting of Council;
- no Council or committee meeting will be held during August, unless called by the Regional Chair; and
- public notice of all regularly scheduled meetings of Council and committees shall be given by posting on the Region of Peel website, the schedule of regular meetings as same may be amended from time to time, for the ensuing year as approved by Regional Council pursuant to Section 3.2 of this by-law.
Notwithstanding the foregoing, the schedule of regular meetings established by Council may vary from the requirements of clause 43.2.2 as Council may determine, or as the Regional Clerk may determine from time to time.
- Public notice of all meetings not shown on the schedule of regular meetings shall be given by posting on the Region of Peel website a notice of the meeting in a form sufficient to indicate the date, time and location of the meeting and the nature of the matters to be considered, at least 48 hours before the meeting is to be held.
Unless otherwise directed by Council, all Thursdays shall be considered as Regional business days to be held available by members for meetings of Council or committee, workshops or other Regional business.
The Regional Chair, in consultation with the Regional Clerk, may at any time cancel or reschedule any regular meeting of Council or committee.
A Committee Chair, in consultation with the Regional Clerk, may cancel or reschedule his or her committee meeting.
In addition to the schedule of regular meetings, the Regional Chair may call a meeting of Council upon 48 hours notice to all members.
Committees shall meet at such date, time and place as Council or the committees decide or at the call of the Committee Chair with 48 hours notice, in accordance with Section 3.2.3.a.
No committee shall meet while Council is in session.
Seating at Council meetings shall be in alphabetical order of the members’ surnames, with the first member seated closest to the left of the seat provided for the Regional Chair.
All meetings of Council and committees shall be held in the Council Chambers at 10 Peel Centre Drive, Suite A, Brampton or at such other place within the Region of Peel as is specified in the notice calling the meeting or as may be determined by Council or the committee as the case may be.
A regular meeting of Council shall not carry on past 3:30 p.m. except that Council may pass a by-law confirming the proceedings of the meeting to that point of the meeting and may pass a resolution to carry on past that time. Subject to a resolution to the contrary, the meeting shall be adjourned at 3:30 p.m. and the business on the agenda for that meeting which was not dealt with at that meeting shall be placed on the agenda for the next regular meeting of Council.
When a meeting of Council commences before noon and carries on or is likely to carry on after noon, the Regional Chair shall call a recess approximately between noon and 12:30 p.m. for the purpose of a half hour lunch break.
Any meeting may by resolution by majority vote be recessed from time to time to resume at the location and at the time and date stated in the resolution.
3.3 Special meetings – Council and Committees
Upon notice as set out in clause 3.3.3 the Regional Chair may at any time summon a special meeting of Council in which case the Regional Clerk shall provide notice in accordance with Section 3.3.3.
Upon notice as set out in clause 3.3.3 a Committee Chair may at any time summon a special committee meeting of the committee in which case the Regional Clerk shall provide notice in accordance with Section 3.3.3.
Special meetings summoned under clauses 3.3.1 and 3.3.2 shall not be held unless written notice of the special meeting detailing the date, time and place and the matters to be considered at the meeting is delivered not less than 48 hours before the time set for the meeting, to all members at the members’ municipal offices or by electronic means.
- Public notice of special meetings as set out in clause 3.3.1 and 3.3.2 shall be given by posting on the Region of Peel website a notice of the meeting in a form sufficient to indicate the date, time and location of the meeting and the nature of the matters to be considered at least 48 hours before the meeting is to be held.
3.4 Meetings of Council for emergencies
Despite any other provisions of this by-law, a meeting of Council for an emergency may be called by the Regional Chair, without written notice, to deal with an emergency, provided that an attempt has been made by the Regional Clerk to notify members about the meeting as soon as possible and in the most expedient manner available
The only business to be dealt with at a meeting of Council to deal with an emergency shall be business dealing directly with the emergency.
The lack of receipt of a notice of, or an agenda for, a meeting of Council to deal with an emergency by any Member of Council shall not affect the validity of the meeting or any action taken at such meeting.
3.5 Quorum – Council and Committees
Thirteen members of Council, including at least one member representing each local municipality, are necessary to form a quorum at a meeting of Council. The Regional Chair shall be counted in determining quorum.
- A member of council, of a local board or of a committee of either of them, can participate electronically in a meeting that is open or closed to the public and may be counted in determining whether or not a quorum of members is present at any time during the meeting.
- A proxyholder, appointed in accordance with Section 243 of the Municipal Act, 2001, as amended, shall be counted as one member and shall not be counted as both the appointing members and the proxyholder.
A quorum for a committee is a majority of the total number of committee members or as provided in the Terms of Reference for that committee and does not require that all three local municipalities be represented, unless required under the committee’s Terms of Reference as approved by Council.
No meeting shall commence or conduct business unless quorum is present.
If no quorum is present 30 minutes after the time appointed for a meeting of Council or committee, the Presiding Officer shall call the roll and the Regional Clerk shall record the names of the members present and the members shall then be discharged.
If during the course of a meeting quorum is lost, then the meeting shall be deemed to have recessed for 30 minutes to reconvene when quorum is regained. If quorum is not regained within 30 minutes then the Presiding Officer shall call the roll and the Regional Clerk shall record in the minutes the names of those present, and the meeting shall stand adjourned.
If a meeting of Council or committee stands adjourned for lack of quorum, the business on the agenda for that meeting which was not dealt with at that meeting shall be placed on the agenda for the next regular meeting of that body.
Notwithstanding clauses 3.5.3, 3.5.4 and 3.5.6, where no quorum is present, members who are present at the time set for the meeting may receive submissions or information from the public or staff unless the submissions or information are in respect of a hearing required under statute. The Regional Clerk shall prepare a report to Council which shall record:
- the place, date and time of meeting;
- the name of the Presiding Officer and the record of attendance of the members; the name of senior staff and Clerk’s staff present; and
- the report of the Regional Clerk may contain such notes and annotations as may describe portions of the submissions or information received from the public or staff.
3.6 Electronic meeting participation (including meetings during a declared emergency)
DefinitionsIn this Section the following shall apply, in addition to the definitions in section 1 of this By-law:
“Emergency” means any period of time during which an emergency has been declared to exist in all or part of a municipality by the Head of Council or the Province under sections 4 or 7.0.1 of the Emergency Management Act;
“Electronic Meeting” means a meeting called and held in full or in part via electronic means (including, but not limited to, audio teleconference, video teleconference, or via means of the internet), and with or without in person attendance;
“Emergency Management Act” means the Emergency Management and Civil Protection Act, R.S.O. 1990, Chapter E. 9, as amended;
Electronic Meetings – A regular meeting or special meeting of Council may be conducted by Electronic Meeting, in accordance with this Section and Appendix 6, as may be approved by Council.
Quorum and Voting for Electronic Meeting – Members attending electronically during an Electronic Meeting shall be counted for purposes of quorum at the commencement and at any point in time during the meeting. Members attending either in person or electronically are entitled to vote.
Closed Session – An Electronic Meeting may include a Closed Session, which shall be conducted in the absence of the public and in accordance with Section 4.9.
Public Notice of Electronic Meeting – A public notice of an Electronic Meeting shall include sufficient information as to provide the public with a means to electronically access the open session of such Electronic Meeting.
Agenda – Council and Committees
The Regional Clerk shall prepare a draft agenda for all meetings of Council and committees. The Regional Clerk may amend the draft agenda by adding matters to or deleting matters from the draft agenda at any time before the commencement of the meeting.
Before considering any business at a meeting for which a draft agenda or revised draft agenda has been prepared, Council or committee as the case may be, shall by resolution approve or amend and approve the draft agenda or revised draft agenda as the agenda for the meeting. A motion to further amend the agenda following its approval shall require a two-thirds vote. The order of the agenda can be changed at the direction of Council or of the Regional Chair and no vote shall be necessary for the giving of such direction.
- Despite section 4.1.2 above, or any provision of this by-law to the contrary, any member of Council or committee, at any time whether before or after the approval of the agenda, may move a motion without the need for the motion to be seconded that the meeting be immediately closed to the public to receive advice that is subject to solicitor-client privilege as to whether any matter listed on the agenda to be considered in camera may properly be considered in closed session.
- Any motion as outlined in Section 4.1.3.a. above is not debatable and shall be immediately put to a vote and may be passed by a majority vote.
Despite section 4.1.2 above, a motion may be passed by a majority vote to amend the agenda to move any matter listed in the closed session portion of the agenda to the appropriate section of the public agenda
The draft Council agenda shall be prepared with staff reports and communications grouped under such Regional Council Section headings as in the opinion of the Regional Clerk may seem appropriate. Staff presentations and related staff reports shall be grouped under the heading “Presentation of Staff Reports” in accordance with Section 4.5 of this by-law.
Should Council or committee be unable to consider all agenda items in the allotted time before adjournment, all outstanding matters shall be placed on the draft agenda for the next regularly scheduled meeting of that body.
The order of consideration of Regional Council Sections in the draft agenda shall be rotated from meeting to meeting or as deemed appropriate by the Regional Clerk.
After approval of the agenda, the Regional Chair shall state the title of each report and item of communication, and any member of Council that wishes to speak to an item or ask questions of staff shall advise the Chair. If an item is not indicated, the Regional Chair shall state that the item is on consent. One motion shall be called for all items placed on the consent agenda.
Delivery of agenda to members – Council and Committees
The Regional Clerk shall cause to be delivered to each member, not less than 72 hours before the time appointed for the holding of a regular meeting of Council, the draft agenda and copies of related materials.
Any materials or delegation requests received by the Office of the Regional Clerk, less than 72 hours prior to the time appointed for holding of a regular meeting of Council or Committee (after the distribution of the Revised agenda) and up to 9:30 a.m. on the Wednesday prior to a scheduled Council or Committee meeting, which relate to an item listed on the draft agenda will only be added to the draft agenda on the approval of Council or Committee at the approval of Agenda section of the meeting. Items received after 9:30 a.m. on the Wednesday prior to a scheduled Council or Committee meeting will be added to the agenda of the next appropriate Council or Committee meeting, unless received from a local municipal council, in which case the item(s) will be added to the draft agenda on the approval of Council or Committee at the approval of Agenda section of the meeting.
- Meetings or Special meetings of Council or Committee that are called by the Regional Chair or Committee Chair with 48 hours’ notice are not subject to the 72 hour agenda provisions.
- For greater clarity, where a meeting (not on the approved schedule of regular meetings) has been called by the Regional Chair or Committee Chair, with more than 48 hours’ notice, every effort shall be made to deliver the agenda and related materials to members not less than 72 hours prior to the meeting start time.
The draft agenda and related materials shall be made available electronically to every member.
The draft agenda and related materials shall be made available to the public on the Region of Peel website as of 9:30 a.m. the day after the members of Council are provided with the agenda and materials.
Draft agenda and related materials provided to members of Council less than seven days before the time appointed for the holding of a regular meeting of Council shall be made available to the public on the Region of Peel website on the same day.
Minutes – Council and Committees
The Regional Clerk shall prepare minutes of all meetings of Council and committees which shall record:
- the place, date and time of meeting;
- the name of the Presiding Officer and the record of the attendance of the members; the name of senior staff and Regional Clerk›s staff present; and
- all resolutions, decisions and directives, recorded votes, and other proceedings;
- the minutes of Council meetings shall record the resolutions, decisions, recorded votes and other proceedings without comment, whereas the minutes of any committee meeting may contain such notes and annotations as may describe portions of the debate.
The minutes of each Council meeting shall be presented to Council at the next regular meeting of Council for approval.
After the Council minutes have been approved by Council, they shall be signed by the Regional Chair and the Regional Clerk.
The committee report of each committee meeting shall be presented on the next appropriate regular meeting of Council for deliberation of committee recommendations contained in it.
The members of Council shall inform the Office of the Regional Clerk in writing for which purpose email shall be sufficient, of all planned absences, late arrivals and early departures from Council and committee meetings in order that the recording of such and the related reasons may be accurately reflected in the minutes.
- The office of a member of Council shall not become vacant, and no resolution of Council is required, if a member is absent for twenty (20) consecutive weeks or less and the absence is a result of the member’s pregnancy, the birth of the member’s child or the adoption of a child by the member in accordance with Section 259(1.1) of the Municipal Act, 2001, as amended, and Section D of the Region of Peel Policy HR10-08 (“Parental Leave”).
- A member of Council on pregnancy or parental leave reserves the right to participate as a member at any time during their leave.
- The member shall provide advance written notice to the Regional Clerk and the Director, Human Resources outlining the expected duration of leave including the start date and the expected return date; information about which duties, if any, will continue to be undertaken by the member of Council; and, indicate the member(s) of Council whom the member recommends Council appoint as a member of any Committee(s) on which the Regional Councillor sits.
The Closed Session Report of each committee meeting shall be presented at the next appropriate regular meeting of Council for deliberation of in camera committee recommendations contained within it.
The Regional Clerk shall have the authority to approve and implement any minor administrative changes to the minutes of any Council or committee meeting.
Delegations – Council and Committees
Persons desiring to address members on any matter may by written notice to the Regional Clerk request to be listed as a delegation on a draft agenda.
Written notice from a delegation shall include the person’s complete name, address, telephone number, reasons for the delegation, including the specific nature of their presentation, and if applicable, the name, address and telephone number of any person, corporations or organizations which the delegation represents.
- Upon receipt of written notice requesting listing as a delegation, the Regional Clerk shall list the delegation requested on the draft agenda for the next appropriate committee meeting if such request is received by the Regional Clerk not less than 72 hours prior to the time of the committee meeting or Council meeting, except where the delegate wishes to address Council with respect to a matter which will be put forward directly to Council without being considered first by a committee or where the Regional Chair, Chief Administrative Officer and/or Regional Clerk determines that the matter is of such an urgent nature that there is insufficient time to direct the delegate to a committee.
- If the written notice requesting listing as a delegation is received by the Regional Clerk less than 72 hours prior to the time of the Council or committee meeting, (after the distribution of the Revised agenda) and up to 9:30 a.m. on the Wednesday prior to a scheduled Council or Committee meeting, and
- relates to an item already listed on the draft agenda, the delegation will be added to the agenda only upon the approval of Council or committee at the meeting.
- does not relate to an item already listed on the draft agenda, the delegation shall be added to the agenda at the next following appropriate meeting.
- Delegation materials received after delivery of the draft agenda and up to 9:30 a.m. on the Wednesday prior to a scheduled Council or Committee meeting relating to a delegation governed by 4.4.3.a or 4.4.3.b.i) shall be delivered to each member;
- Delegation materials received after 9:30 a.m. on the Wednesday prior to the start time of the meeting, will not be provided to Members.
Delegations shall be received without comment or debate and the matter shall be referred to staff for a report, unless there is a resolution passed to simply “receive” the delegation.
After a delegation has completed its presentation, members shall each have one opportunity to ask questions of the delegation for clarification purposes only, and without debate. If the delegate’s answer to the clarifying question requires a further clarifying question, a member shall have one further opportunity to clarify. The clarifying question, answer and follow-up shall not exceed five (5) minutes. The Presiding Officer may cut off the clarifying questions and answers at or after five (5) minutes. When all members who have indicated a desire to ask clarifying questions have finished, the persons appearing as a delegation shall withdraw from the place designated.
No persons addressing Council or committee as a delegation shall:
- speak disrespectfully of any person;
- use offensive words or unparliamentary language;
- engage in improper conduct;
- speak on any subject other than the subject for which they have received approval to address Council or committee; or
- disobey the Rules of Procedure or a decision of the Presiding Officer or of Council or committee.
Each delegation to Council shall be limited to speaking not more than five minutes in total, except that a delegation consisting of more than five persons shall be limited to two speakers, each limited to speaking not more than five minutes.
Each delegation to committee shall be limited to speaking not more than ten minutes in total, except that a delegation consisting of more than five persons shall be limited to two speakers, each limited to speaking not more than ten minutes.
If persons appearing as a delegation have not completed their presentation within the time allotted, the Presiding Officer or any member may make a motion, without a seconder, that the time be extended by a majority vote in which case the time shall be extended for such reasonable time as the Presiding Officer may determine.
The Presiding Officer may curtail any delegation or any questions of a delegation for disorder or any other breach of the Rules of Procedure or if in the Presiding Officer’s discretion, the questions are not of a clarifying nature, and, if the Presiding Officer rules that the delegation is concluded, the persons appearing shall withdraw from the place designated for delegations.
Delegations may only appear once on the same matter within a one-year period, unless a recommendation pertaining to the same matter is included on the agenda within the one-year period and only to provide additional or new information.
Where a delegation has delegated to a committee on a matter, a further delegation request shall not be listed on the Council Agenda or Revised Agenda.
No persons, group, corporations, and/ or organization shall be listed as separate delegations at the same meeting of council or committee. Such delegation may address a number of items appearing on the agenda but will be considered to be one delegation and will be limited to speaking in accordance with section 4.4.7 and 4.4.8.
Where several delegations are scheduled on the same topic, the Chair may request that delegations subsequent to each preceding delegation only bring forward new information to the Committee.
Presentation of staff reports – Council and Committees
Staff presentations to Council and committee meetings shall not exceed 10 minutes, except during annual budget meetings; however, the Presiding Officer or any member may make a motion without a seconder, that the time be extended by a majority vote in which case the time shall be extended for such reasonable time as the Presiding Officer may determine.
When the Regional Emergency Operations Centre has been operating while Council is in session, senior staff is authorized to provide an immediate briefing to Council. This briefing takes precedence over all other agenda items and does not require suspension of the rules.
In the event of a public health emergency, enhanced response and/or communicable disease outbreak, particularly where Regional resources are required as part of the response, and with the consent of the Regional Chair, the Medical Officer of Health is authorized to brief Council or the relevant committee, without requiring suspension of the Rules of Procedure. Such briefings may take precedence over regular business on the agenda.
Correspondence and petitions – Council and Committees
- All correspondence within the jurisdiction of a committee shall be referred by the Regional Clerk directly to the appropriate committee, unless the communication relates to a subject that has been dealt with by Council or is to be placed on a draft agenda for a meeting of Council in which case it may be placed on the draft agenda for the Council meeting.
- No motions other than motions for receipt or a motion directing staff to report to either Council or a committee on a matter contained within a correspondence shall arise from an item listed as correspondence, for receipt, except as provided in section 54.7.1.c.
- Correspondence from local boards and community groups requesting that a Councillor(s) be nominated to or appointed as a member(s) to the board or community group shall be listed as, direction required and, motions for receipt, direction to staff, or for appointment may arise from the item.
All correspondence received from municipalities and local boards requesting endorsement or consideration of resolutions, or from other entities which are deemed by the Regional Clerk to be of interest to members of Regional Council, including notices of upcoming workshops, seminars and conferences, shall:
- be reported to each member of Council every two weeks or as warranted by the nature and volume of resolutions, as determined by the Regional Clerk without being placed on a draft agenda; and
- be placed on a Council or committee draft agenda only at the request of a member.
Every petition to be presented to Council shall be legibly written, printed or provided in an electronic format and shall be signed by at least two people and submitted to the Regional Clerk.
Any petition within the jurisdiction of a committee shall be referred by the Regional Clerk directly to the appropriate committee, unless the matter relates to a subject or a report already scheduled to be dealt with by Council.
Petitions will be placed on the appropriate Council or committee agenda for receipt, unless otherwise specified by Council or committee.
Motions and By-laws – Council and Committees
A motion to adopt a committee report in whole or in part may be made and if carried, the committee recommendations contained in the report or the part adopted, except only those explicitly excluded, shall be adopted and passed as resolutions at the meeting.
The proceedings of every meeting of Council shall be confirmed by by-law so that every resolution and decision of Council passed at that meeting shall have the same force and effect as if each and every one of them had been the subject of a separate by-law duly enacted.
No by-law shall be presented to Council unless its enactment has been approved by resolution of Council except:
- a by-law to confirm the proceedings of Council;
- a by-law to accept, assume and dedicate, pursuant to the Municipal Act, 2001, as amended, lands acquired by the Region for the purpose of widening the public highways forming part of the Regional Roads System or for the purpose of permitting an access to such highways at locations approved pursuant to the Controlled Access By- law, as amended.
Copies of each by-law to be considered need not be distributed in advance to the members of Council provided such by-laws are available for examination by members of Council at least 48 hours in advance of the day of the meeting at which the by-law will be considered. Failure to observe this requirement shall not invalidate a by-law enacted despite not having been available for examination by members of Council 48 hours in advance of the day of the meeting at which the by-law shall be considered.
The Regional Clerk, in consultation with the Regional Solicitor, is authorized to make minor deletions, additions or other changes in form, to any by-law before same is signed, sealed and numbered, to ensure correct and complete implementation of the intention of Council, including without limiting the generality of the foregoing, the following:
- Correction of spelling, punctuation or grammatical errors, or errors that are of a clerical, typo graphical or similar nature.
- Alteration of the style or presentation of text or graphics to improve electronic or print presentation and accessibility.
- Correction of errors in the numbering of non-operative provisions and any changes in cross-reference that are required as a result.
All amendments to any by-law approved by the Council shall be deemed to be incorporated into the by-law and if the amending by-law is enacted and passed by the Council as a by-law, the amendments shall be inserted.
By-laws listed on the agenda shall be taken as read, prior to being enacted.
Every by-law once enacted shall be signed by the Regional Chair and Regional Clerk, the corporate seal affixed thereto, and retained at the Office of the Regional Clerk.
Closed meetings (“IN CAMERA”)
Except as provided in this section or in accordance with applicable legislation, all meetings shall be open to the public.
Any member is entitled to be present at a meeting which has been closed to the public, unless that member has an interest which the member is obligated to disclose, in accordance with the Municipal Conflict of Interest Act and as outlined in section 4.11 of this by-law.
A meeting or a part of that meeting may be closed to the public if the subject matter being considered is:
- the security of the property of the municipality or local board;
- personal matters about an identifiable individual, including municipal or local board employees;
- a proposed or pending acquisition or disposition of land by the municipality or local board;
- labour relations or employee negotiations;
- litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
- advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
- a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act;
- information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
- a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
- a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or
- a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.
A meeting or part of a meeting shall be closed to the public if the subject matter being considered is:
- a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, committee, board commissioner or other body is the head of an institution for the purposes of that Act; or
- an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, 2001, as amended, or the investigator referred to in subsection 239.2 (1) of the Municipal Act, 2001, as amended.
A meeting held for the purpose of educating or training the members may be closed, provided that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council, local board or committee.
Before holding a meeting or a part of a meeting that is to be closed to the public, a municipality or local board, or committee of either of them, shall state by resolution:
- the fact of the holding of the closed meeting or portion of the meeting; and
- the general nature of the matter to be considered at the closed meeting.
Subject to clause 4.9.8, a meeting shall not be closed to the public during the taking of a vote.
Despite clause 4.9.7, a meeting may be closed to the public during the taking of a vote if:
- subsection 4.9.3 or subsection 4.9.5 permits or requires a meeting or a portion of a meeting to be closed to the public; and
- the vote is for a procedural matter or for giving directions or instructions to officers, legal counsel, employees or agents of the Regional Corporation or persons retained by or under contract with the Regional Corporation.
Any request from a person for an investigation, under the Municipal Act, 2001, as amended, of whether a Council or committee meeting or part of a meeting, that was closed to the public, has complied with the relevant provisions of the Municipal Act, 2001, as amended, or this Procedure By-law, shall be referred by the Regional Clerk to the Investigator appointed by Council for that purpose.
If a report is received from a person referred to in clause 239.1 (a) or (b) of the Municipal Act, 2001, as amended, reporting his or her opinion, and the reasons for it, that a meeting or part of a meeting that was the subject-matter of an investigation by that person appears to have been closed to the public contrary to section 239 or to a procedure by-law under subsection 238 (2), Regional Council shall pass a resolution stating how it intends to address the report.
All workshops or education sessions will be open to the public, unless permitted to be in closed session by the applicable legislation or section 4.9.5 of this by-law; and shall be coordinated through the Office of the Regional Clerk.
Upon confirmation that the workshop is to proceed, the Regional Clerk shall give notice to all members of Council in accordance with this by-law regarding the subject, date, time and location of the workshop
Preparation of an “agenda“ will be dependent on the subject of the workshop. Program staff hosting the workshop shall consult with the Regional Clerk and shall keep a copy for the public record and public inspection.
Notice of the workshop subject, date, time and location will be made available to the public in accordance with sections 3.2 or 3.3. and comply with any additional requirements set out in Council policy or in a by-law.
Quorum of Council is not required for the workshop to proceed.
Any member of the public who does attend, will be permitted to observe the workshop during public session.
Staff shall report the outcome of the workshop at a Council meeting. No decision shall be made at a workshop. Any matter requiring a decision shall be reported to Council or committee for consideration, debate and approval at a subsequent meeting of Council or committee.
Conflict of interest
Members shall declare conflicts of interest in accordance with the Municipal Conflict of Interest Act.
Members of Regional Council and Regional Council Committees shall file a written statement of the declaration of conflict of interest and its general nature with the Regional Clerk.
A copy of each statement of declaration conflict of interest shall be made available, in the form of a Registry, for public inspection on the Region of Peel web site in the manner and during the time that the Regional Clerk may determine.
A member who has a pecuniary interest described in section 5 (1) of the Municipal Conflict of Interest Act in a matter to be considered at a meeting shall not, if the interest is known to the member, appoint a proxy in respect of the matter.
A proxyholder who is disabled from participating in a meeting under the Municipal Conflict of Interest Act may not participate in the meeting in the place of an appointing member.
Recording of meetings
Meetings of Council and committees shall be recorded by the Regional Clerk where possible and practical to do so.
Recordings of meetings made by the Regional Clerk shall be retained in accordance with the Region of Peel Records Retention By-law.
Audio and video recording equipment may be used by staff, the public and the media to record all or any portions of a meeting that is open to the public provided that it is not disruptive to the conduct of the meeting. The location and use of such recording equipment will be at the discretion of the Regional Clerk.
Upon Council’s adoption of the meeting Minutes, the in-camera portion of the audio recording shall be deleted.
Access to council floor
Unless delegating, no members of the public or anyone other than members of Regional Council and Regional staff, delegates or invitees of the Presiding Officer shall be permitted on the Council floor during Council or committee meetings, except at the discretion of the Regional Chair or Regional Clerk.
A member may, with the consent of majority vote of the members present, introduce a motion under Other Business which due to its urgent nature cannot properly be presented at a future meeting of Council or committee.
Items to be considered under Section 4.14 that may be pertinent to the business of the Region and are not related to a report, delegation, presentation, requests for information, request for staff to report back on Regional issues or items that are to be placed on the draft agenda for Council or committee shall be listed under Other Business upon approval of the Regional Chair and Regional Clerk, including new business or enquiries from Regional Councillors.
The following ranking for matters and motions is in descending order, such that each matter or motion takes precedence (if moved, must be decided before others ranking below it) over those that are below it in this list. For example, a motion to adjourn takes precedence over a motion to recess, which takes precedence over all matters and motions listed from question of privilege to the main motion.
- fix the time at which to adjourn;
- point of privilege;
- point of order;
- call the question;
- limit or extend limits of debate;
- postpone (defer) to a certain time;
- postpone (defer) indefinitely; and
- the main motion.
In Council, the following matters and motions may be introduced orally without notice or specific permission, except as otherwise provided by the Rules of Procedure:
- postpone (defer);
- call the question;
- adopt or deny committee recommendations or reports;
- direct staff;
- presentation of a petition;
- suspend the Rules of Procedure;
- any other procedural motion; and
Except as provided in subsection 5.1.2 or as permitted by the Regional Chair, all motions in Council shall be in writing.
In committee, motions do not require a seconder, and need not be in writing.
No member shall speak to any motion until it is first received by the Presiding Officer, and the mover is entitled to speak first.
Any motion may be put forth and considered during Council or committee, providing it relates to the subject of a motion, recommendation or report under debate by Council or committee and is presented at the time of such debate, otherwise previous notice of motion is required.
After a motion has been received by the Presiding Officer, it hall be deemed to be in possession of Council or committee and may be withdrawn by the mover and seconder, if applicable, before decision or amendment only with the permission of Council or committee.
A motion which requires the exercise of a power or powers by Council or committee which are not within the jurisdiction of Regional Council (ultra vires), shall not be in order.
No matters can be added at a meeting except for Notices of Motion to be heard at the next or subsequent meetings or directions to staff to provide a report at a subsequent or future meetings of Council, except that a motion arising from a local municipal council of an urgent nature may be presented to Regional Council or committee and may be received without notice.
Directions to staff shall be in the form of a motion.
Motion to adjourn
A motion to adjourn:
- is neither debatable nor amendable, and cannot be reconsidered;
- without qualification, if carried, brings a meeting or session to an end; and
- if made with reference to a specific time or if made with a provision to reconvene upon the happening of a specific event, suspends the meeting to continue at the time specified.
Motion to amend a pending motion
A motion to amend a pending motion:
- is debatable only if the main motion being amended is debatable;
- if more than one, shall be voted on in reverse order to which they were put;
- shall not be amended more than once; and
- shall be relevant and not contrary to the motion under consideration.
Motion to call the question (Call the Vote)
A motion that the question be called enables immediate closure of debate; and:
- is not allowable in committees;
- is not debatable, although reasons for moving the motion may be given;
- cannot be amended;
- cannot be moved on a main motion when there is an amendment to that motion under consideration;
- shall preclude all further amendments of the main motion;
- when resolved in the affirmative, the main motion is to be put forward without further debate or amendment;
- cannot be moved by the last member to debate the motion;
- requires a two-thirds vote.
Motion to postpone (Defer) a pending motion
A motion to postpone is a motion by which action of a pending motion can be put off, within limits, to a definite day, meeting, or hour, or until after a certain event; and:
- shall only be to the pending motion;
- is not debatable although reasons for moving the postponement may be given;
- is amendable, as to the time to which the pending motion is to be postponed; and
- shall not include clauses for the purpose of amending the pending motion or making any statement on the merit of the pending motion.
Motion to reconsider a decision made in the same meeting
A motion to reconsider enables Council or committee to bring back for consideration the decision on a motion previously voted on during the same meeting, whether or not the previous motion was carried, and:
- can only be made by a member who voted with the prevailing side;
- can only be made during the same meeting in which the previous motion to be reconsidered was voted on;
- is debatable in all cases in which the previous motion was debatable, and when debatable, opens to debate the merits of the previous motion which is proposed to be reconsidered;
- is not amendable;
- requires a two-thirds vote regardless of the vote necessary to adopt the previous motion to be reconsidered; and
- prior to a vote being taken, temporarily suspends any action resulting from the decision on the previous motion that is proposed to be reconsidered.
A motion to reconsider is not in order when applied to the following:
- a vote on a motion to reconsider;
- when a motion to reconsider is practically the same as a motion to reconsider already decided; and
- when practically the same result can be obtained by some other parliamentary motion.
Should the motion to reconsider carry by a two-thirds vote, the motion to be reconsidered is called up, resulting in Council or committee voting again on the motion:
- does not require a seconder;
- shall be called up and voted on at the same meeting as the motion to reconsider was passed; and
- when requested by a member, the Presiding Officer shall state the previous motion as pending.
Motion to reconsider a decision at a subsequent meeting within the same term of Council
A motion to reconsider a decision from a previous meeting within the same term of Council:
- is amendable; and
- is debatable.
A motion to reconsider the decision on a previous motion adopted within the same term of Council requires a two-thirds vote to carry.
No matter, after being decided by Council, shall be reconsidered within the same term of Council without first passing a motion to reconsider.
- No discussion of the main question shall be allowed until the motion for reconsideration is carried.
- A motion to reconsider may not be introduced, without notice, unless the Council, without debate, dispenses with notice which requires a two-thirds vote to carry.
- Once the matter is opened for reconsideration, it is reopened in its entirety unless the motion to reconsider specifies otherwise.
- If the motion is reopened, all previous decisions of the Council remain in force unless the Council decides otherwise.
- No motion to reconsider may, itself, be the subject of a motion to reconsider.
- An amendment cannot be the subject of reconsideration independently of the motion, by-law or other matter amended.
- If a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, and debate on the question to be reconsidered shall proceed as though it had never previously been considered.
A motion to reconsider the decision on a previous motion within the same term of Council is not in order when applied to the following:
- when the previous motion was passed earlier in the same meeting in which case only a motion to reconsider in the same meeting may be allowed;
- when it has previously been moved to reconsider the vote on the previous motion, and the question can be reached by calling up the motion to reconsider in the same meeting;
- when something has been done pursuant to the decision on the previous motion that is impossible to undo (the unexecuted part of an order, however, can be rescinded or amended);
- when the previous motion authorized entering into a contract when that contract has been entered into;
- when a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.
Motion to reconsider a previously decided motion not in the same term of Council
A motion to reconsider a previously decided motion not in the same term of Council requires a majority vote to carry.
The provisions of Sections 5.7.1, 5.7.3 and 5.7.4 shall be applied to this section of the by-law.
Motion to refer
A motion to refer is a motion by which a matter, action or a pending motion can be sent or directed to a Council or committee, other body or official named in the motion specified, to report back to Council or committee; and:
- shall only be made in respect of a main motion or a report or matter listed on an agenda;
- shall include the name of the Council or committee, other body or official to whom the matter is to be referred;
- shall not include clauses for the purpose of amending the main motion;
- is debatable, subject to debate being confined to its merits of the referral only, and cannot go into the main motion; and
- is amendable.
Motion to amend
A motion to amend changes the wording of a motion before it is voted on.
A motion to amend must relate to the pending motion. No new business may be introduced by moving an amendment to a motion.
An amendment which, in effect, is nothing more than a rejection of the main Motion (i.e. a contrary motion) is not in order.
On an amendment, members may only debate the merits of the amendment, not the merits of the motion the amendment proposes to amend.
An amendment may only be amended once, and the amendments must relate to each other.
Voting on a motion to amend shall be in the following order:
- First vote – the amendment to an amendment;
- Next vote – the original amendment;
- Final vote – the main Motion (if an amendment is adopted, the final vote will be on the main Motion, as amended).
Motion to rescind
A motion to rescind a previous resolution of Council requires a two-thirds majority vote and can only be considered if notice has been given pursuant to section 5.12.
Notion of motion
Notice of Motion is a written notice given by a member that the motion described in the Notice of Motion will be made or presented for adoption in accordance with Section 5.12.2.
Notice of Motion may be given in the following ways:
- contained in a committee report on a Council agenda;
- presented by a member at a meeting, for consideration at a subsequent meeting;
- delivered to the Regional Clerk not later than seven days preceding the specified meeting date at which it is to be considered for placement on the agenda. This action shall constitute the notice required by Section 5.12.1;
- oral motions presented at a meeting will be considered at the next Regional Council meeting.
A Motion shall be added to an appropriate agenda for the meeting specified in the Notice of Motion.
If the Motion is not dealt with at the appropriate meeting, then it shall be added to the agenda for each of the two succeeding meetings until the motion is considered or otherwise disposed of; and if in the two succeeding meetings it has not been disposed of, it shall be removed from the agenda by the Regional Clerk unless Council by resolution directs otherwise.
Prior to Council’s consideration of a motion for which notice has been given previously, a revised motion on the same subject, approved by both the mover and seconder, may be substituted for the original one contained in the Notice of Motion.
General – Council and Committees
Except as otherwise required under the Municipal Act, 2001, as amended, any other statute or this by-law, all motions, resolutions and by-laws shall be carried, passed and enacted by a majority vote.
Immediately preceding the taking of a vote, the Presiding Officer may restate the motion in the precise form in which it shall be recorded in the minutes; and shall do so if requested by a member.
Every member present when a vote is called, shall vote on the motion unless prohibited by statute, in which case that fact shall be recorded.
A member who is not present at the call of the vote shall not been titled to vote.
A member who is present and does not vote shall be considered as voting in the negative.
All members eligible to vote shall vote yes, no or abstain. A member who refuses to vote (abstain) will be recorded as voting in the negative.
Each member shall remain present until the result of the vote has been declared.
No vote may be taken by any method of secret voting.
After a vote is called by the Presiding Officer, no member shall speak to the motion nor shall any motion be made until after the result is declared, and the decision of the Presiding Officer as to whether the vote has been called shall be final.
Every member eligible to vote shall vote on every motion unless a member indicates a conflict of interest, in which case the member shall recuse themselves.
An item for which a member has declared a conflict of interest shall not be included in the consent motion. That item shall be dealt with separately in the order in which the item appears on the agenda.
Recorded vote – Council
Recorded votes may only be taken during a Regional Council meeting.
Recorded votes will be conducted for all motions at Regional Council meetings, with the exception of the following, unless specifically requested by a member of Council:
- Approval of the Agenda
- Adoption of Minutes
- Declaration of Conflict of Interest
- Presentations for receipt
- Delegations for receipt
- Correspondence, for receipt or referral to staff
- Moving in and out of closed session
- Calling a question
- Referral to Committee
Once a recorded vote is called, the Clerk shall conduct the vote by:
- electronic means; or
- asking the members in favour to indicate their vote and then those opposed to indicate their vote in the event the electronic system is not available.
- Asking a proxyholder to indicate their vote and the vote of the member who appointed them.
The Regional Clerk shall display or announce the results and record the votes in the minutes.
Division of motion – Council and Committees
A motion containing distinct recommendations or propositions shall be divided at the request of any member, and a majority vote on each proposal shall be taken separately. The decision of the vote on whether the motion can be divided shall be final.
Equality of votes – Council and Committees
When a vote results in an equality of votes both for and against the motion, the motion shall be lost except during a Regional Council meeting where the Presiding Officer is a Regional Chair who is not an elected Regional Councillor (and who otherwise does not have a vote), the Regional Chair may cast a vote to decide the question.
Disputed vote – Council and Committees
The result of a vote is not a ruling and therefore cannot be appealed.
If a member doubts the result of a vote as announced by the Presiding Officer or Regional Clerk, the member may call for the vote to be taken again and members shall stand or indicate the vote during the retaking of the vote and the vote shall not be a recorded vote except in a meeting of Council where the vote shall be a recorded vote.
A member who was not present at the time that a vote was taken may not vote in any retaking of the vote.
No member shall:
- speak disrespectfully of any person;
- use offensive words or unparliamentary language;
- engage in improper conduct;
- speak on any subject other than the subject in debate; or
- disobey the Rules of Procedure or a decision of the Presiding Officer on questions of order or practice or upon the interpretation of the Rules of Procedure.
Procedures that may be used by the Presiding Officer in the event of a breach of order are as follows, in increasing order of severity provided that the Presiding Officer may use any such procedure regardless of order of severity where circumstances warrant:
- advise and correct the member;
- request an apology or withdrawal of a remark by the member;
- warn the member;
- call the member to order, by which the member shall be seated and not speak further until recognized by the Presiding Officer;
- name the member, by which the member shall be called to order and further, that the member’s name and offence shall be entered into the minutes; and
- the Regional Chair may expel or exclude the member.
Raising a point of personal privilege
To raise a point of personal privilege is a device that permits a request or main motion relating to the rights and privileges of Council or committee (for example: to comfort of members with respect to heating, ventilation, lighting, noise; to conduct of its officers, employees or visitors; or to accuracy of published reports of its proceedings) or an individual member (for example: to an incorrect record of a member’s participation in a meeting contained in minutes approved in a member’s absence, or to charges circulated against a member’s character).
When a member desires to address a point of personal privilege, the member shall ask permission of the Presiding Officer to raise a point of personal privilege; after permission is granted, the member shall state the point of personal privilege to the Presiding Officer and the point of personal privilege shall be immediately decided by the Presiding Officer.
Thereafter, a member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer’s decision to Council or committee.
If no member appeals, the decision of the Presiding Officer shall be final.
Point of order
A point of order is a device by which a member advises the Presiding Officer and Council or committee that the rules of procedure are being violated (for example: a member recognizing committee is continuing its business without quorum being present).
When a member desires to address a point of order, the member shall ask permission of the Presiding Officer to raise a point of order; after permission is granted, the member shall state the point of order to the Presiding Officer and the point of order shall be immediately decided by the Presiding Officer.
Thereafter, a member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer decision to Council or committee.
If no member appeals, the decision of the Presiding Officer shall be final.
A member desiring to speak shall indicate by using the request to speak system. In instances where the request to speak system is unavailable a member desiring to speak shall indicate same. Upon being recognized by the Presiding Officer, the member shall address the Presiding Officer.
When two or more members indicate a desire to speak, the Presiding Officer shall recognize the member who, in the opinion of the Presiding Officer, so signified first and next recognize in order the other members
Members may remain seated while speaking.
When a member is speaking, no other member shall interrupt the member except to raise a point of order or personal privilege.
In Council, no member shall speak more than twice to the same motion (including questions to or through the Presiding Officer) without the permission of the Presiding Officer, except that a member who has presented a substantive motion rather than an amendment may reply to questions.
In committee, there is no limit to the number of times a member may speak to the same motion.
In Council, no member shall speak to the same motion for longer than five minutes on each occasion that the member is recognized by the Presiding Officer without permission of the Presiding Officer.
A member may request the motion under discussion to be read at any time during the debate, but not so as to interrupt a member while speaking.
A member may ask a question of the Presiding Officer for the purpose of clarifying the motion, and in seeking the clarification, the member is not to debate the matter to which the question refers.
Appeal ruling of the presiding officer
When a member appeals a ruling of the Presiding Officer, the member shall give notice to the Presiding Officer that his or her ruling is being appealed; after notice has been given to the Presiding Officer, the member shall state the nature of the appeal and the appeal shall be immediately decided by Council or committee by a majority vote.
If appealed, the Regional Clerk shall call a vote without debate on the following question; “Shall the decision of the Presiding Officer be sustained?”, and the decision on that vote shall be final.
An appeal takes precedence over any question pending at the time.
Committees and Council Sections may be established by Council at any time as is deemed necessary for the consideration of matters within its jurisdiction.
By notifying the Regional Clerk (either orally or in writing) before the commencement of a meeting, a Council member of a committee may designate another Council member, who is not otherwise a member of such committee, to attend such a committee meeting in his or her absence and the member so designated shall be deemed to be a member of such committee for the designated meeting and may vote at the meeting provided that the member making the designation remains absent from the meeting.
Only members appointed to a committee and members designated by absent Council or committee members are entitled to vote on motions under consideration by that committee, unless otherwise provided for in the committee’s Terms of Reference.
Should any member appointed to a committee fail to attend three successive committee meetings of the same committee without authorization from the Committee Chair, that member’s appointment to the committee is terminated and Council may appoint another member to take his or her place, unless the member is in a parental leave as described in Section 4.3.5.
A non-Council member may only designate another non- Council member to attend in his or her absence if such designation is provided for in the committee’s Terms of Reference.
Upon resignation of a member from a committee, Council may appoint another member to take his or her place on the committee, unless otherwise provided for in the committee’s Terms of Reference.
The Regional Clerk, or an employee designated by the Regional Clerk, shall act as recording secretary to every committee.
Committees, task forces, Ad hoc committees and advisory committees
All appointments to a committee shall be made by Council and unless otherwise specifically provided for in the appointment, or in the committee Terms of Reference, all appointments shall be for the term of Council, or, unless membership in the committee is ex-officio by reason of a member’s position as Regional Chair, or as delegated by the Regional Chair to a Regional Vice-Chair with the consent of Council, in which case the appointments shall be for the duration of the member’s tenure as the Regional Chair, but not beyond the term of Council.
If a committee’s Terms of Reference require its membership to include a minimum or maximum number of Councillors representing each lower tier municipality, where the Regional Chair is an elected Regional Councillor, the ex-officio membership of the Regional Chair, or the Regional Vice-Chair delegated by the Regional Chair with the consent of Council, where applicable, shall be counted in determining whether such requirements have been met.
Ad hoc committee or task force means a special purpose committee of limited duration, created by Council to inquire into and report to Council on a particular matter or concern and which dissolves automatically upon submitting its final report unless otherwise directed by Council or specified in the Ad hoc committee or task force Terms of Reference
Committees Chairs and Vice-Chairs
It shall be the duty of the committee Chairs and Vice-Chairs:
- to receive and put to a vote all motions presented by the members of a committee, and to announce the result;
- to enforce the Rules of Procedure;
- to preserve order and decide points of order;
- to expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting; and
- where it is not possible to maintain order, the committee Chair or Vice-Chair may, without any motion being put, adjourn the meeting to a time to be named by the Presiding Officer.
The term of a committee Chair and Vice-Chair will be 24 months from the date of his or her election or appointment and shall terminate at the end of the 24 months, the end of term of Council or the end of the committee’s mandate, whichever occurs first.
If the Committee Chair is known to be absent or is absent for a period of 15 minutes after the time appointed for the holding of a committee meeting, and a quorum is present, the Committee Vice-Chair shall preside during the meeting or until the arrival of the Committee Chair. If both the Committee Chair and Vice- Chair are absent for a period of 15 minutes after the time appointed for the holding of a committee meeting, the committee may appoint an Acting Presiding Officer who shall preside during the meeting or until the arrival of the Committee Chair or Vice-Chair.
The Chair and Vice-Chair of any committee shall be elected by the members of the committee from among the members of the committee, using the procedures for election of the Regional Vice-Chairs as contained in Appendix 1 – Election of Regional Vice-Chairs, with necessary modifications.
Committees exceptions to council procedures
Committees shall conform to the rules governing procedure in Council, with the following exceptions:
- there is no limitation on the number of times a member may speak to a motion;
- there is no limitation on how long each member may take while speaking;
- recorded votes are not allowed;
- a motion to call the question is not allowed;
- a motion made in committee need not be seconded;
- a motion may be made orally;
- notices of motion are not required; and
- quorum does not require representation from all municipalities, unless required under the committee’s Terms of Reference as approved by Council.
Special Purpose Bodies
Council shall appoint persons to any special purpose body as may be appropriate or in accordance with applicable legislation and the provisions of Appendix 2 – Appointments to Special Purpose Bodies shall apply to such appointments.
This by-law supersedes and repeals all conflicting by-laws and resolutions with respect to Rules of Procedure for Council and its committees, including but not limited to By-laws 56-2019, 23-2020, 55-2020, 68-2020, 69-2021 and 8-2022 which are specifically here by repealed as at the date this by-law comes into effect.
This By-law shall come into force on the day the new Council is organized following the first regular election in 2022.
READ THREE TIMES AND PASSED IN OPEN COUNCIL this 12th day of May, 2022.