3611-2023 Procedural By-Law
BEING A BY-LAW TO GOVERN THE PROCEEDING OF COUNCIL
Passed by Council January 9, 2023
REPEALED July 10, 2023 by By-Law 3642-2023
THE CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3611 -2023
A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL
AND COMMITTEES OF COUNCIL
WHEREAS pursuant to Section 238 of the Municipal Act, 2001, as amended, every
municipality shall pass a procedural By-Law for governing the calling, place and
proceedings of meetings;
AND WHEREAS the Council of The Corporation of the Township of Augusta deems it
advisable to adopt a procedural By-Law;
NOW THEREFORE the Council of the Corporation of the Township of Augusta enacts as
follows:
1. PURPOSE:
The intent of this By-Law is to establish general and specific principles for governing the
procedures of Council, Committees and Local Boards to ensure order, fairness and
principled meetings. The By-Law ensures that all Members are afforded the right to be
heard with equal privileges and obligations and are treated with respect and courtesy.
2. APPLICATION:
The rules and regulations contained in this By-Law shall be observed in all proceedings
of the Council, Committee of the Whole and of Committees and shall be the rules and
regulations for the order and dispatch of business of Council.
If this By-Law does not provide a procedure for dealing with a particular matter, the
procedure to be followed shall be, as near as possible, Robert’s Rules of Order.
3. DEFINITIONS
a) “Ad Hoc Committees” means a working group, either formed by council or
committee (as a sub-committee), working together to achieve specified goals. The
lifespan of a working group will last until it has achieved its goal(s), or until the
Council or committee disbands the group.
b) “Advisory Committees” (to be known as ‘Committee’) shall mean a collection of
individual, established by council, who bring unique knowledge and skills which
complement the knowledge and skills of council in order to advise, make
recommendations and more effectively govern the organization.
c) “Abstain” means to refrain from voting. Failing to vote is considered an abstention
and shall be considered a negative vote unless the member is not participating in
the vote due to a declared pecuniary conflict of interest on the mailer being
considered.
d) “Chief Administrative Officer” (CAO) means the CAO of the Corporation of the
Township of Augusta.
e) “Clerk” means the Clerk of The Corporation of the Township of Augusta.
f) “Closed Meeting” means a meeting closed to the public as defined by the Municipal
Act.
g) “Committee” (reference advisory group).
h) “Committee of the Whole” means participation of all members of the Council, which
are present at meetings, where members of the Council consider questions with
greater freedom of debate.
i) “Council” means the Council of The Corporation of the Township of Augusta.
j) “Electronic Meeting(s)” means a meeting using a method of communication when
attendees are not in the same place.
k) “Emergency” means a sudden, generally unexpected or time sensitive occurrence
demanding immediate action by council.
l) “Ex officio” means, by virtue of office, the Mayor is a member on all committees
and may participate vote and make motions but does not count as quorum.
m) “Head of Council” means the Mayor of The Corporation of the Township of
Augusta.
n) “Main Motion” means a motion to bring business before Council for consideration
and decision.
o) “Meeting” means any regular, special or other meeting of Council, local board or
committee of either of them where:
(a) Quorum is present and
(b) Members discuss or otherwise deal with any mailer in a way that materially
advances the business or decision-making of the Council, Local Board or
Committee.
p) “Members” means a Member of Council, or in the case of a Board or Committee,
a member of the Board or Committee.
q) “Motion” means the introduction of business before the members for consideration.
r) “Notice of motion means a written or oral notice advising members that the motion
described that introduces new business not already on the agenda will be brought
at a subsequent meeting.
s) “Pecuniary interest’ means any direct or indirect connection with money either
positive or negative pursuant to the relevant conflict of interest legislation.
t) “Point of Order/Information” means a motion made by a Member to call to the
attention of Council a violation of the rules of order or a request for further
information.
u)”Point of Privilege” means a motion made by a Member to call to the attention of
Council a disregard for an individual member’s dignity or integrity or something that
affects the council collectively. This motion that takes precedence over all other
questions.
v) “Presiding Officer” means the head of council, acting head of council who is
responsible for presiding over the proceeding of council meetings or the Chair of
a committee or Board.
w) “Quorum” means the minimum number of members physically present required to
be present at a meeting in order to legally transact business, and it means the
majority (half of the total members rounded up to the next whole number for 51%).
x) “Recorded Vote” means the recording of the name and vote of every member of
Council or Committee.
y) ‘Resolution’ means a formal determination made by Council or a Committee. duly
adopted at a properly constituted meeting.
z) “Special meeting” means a meeting, other than a regular scheduled meeting.
aa) “Working Group” (see Ad Hoc)
4. MEETINGS OF COUNCIL
4.1.lnaugural Meeting
The Inaugural meeting following each municipal election for elected Members of Council
shall be held as close to the first day of the term as possible, but no later than 31 days
after the new term commences, in the Council Chambers in accordance with the
Municipal Act 2001, as amended.
A person shall not take their seat as a member until the member has taken the declaration
of office in the form established by the Minister for that purpose.
4.2. Regular Meeting
Regular meetings of Council shall take place in accordance with the following schedule:
2nd Monday of each month at 6:00 p.m. — Committee of the Whole/Regular Meeting
4th Monday of each month at 6:00 p.m. — Committee of the Whole/Regular Meeting.
During the months of July, August and December a council meeting shall be held on the
Monday of the week, in which the 15th day falls.
When the day for a regular meeting of Council is a public or civic holiday, the Council
shall meet at the same hour on the day following that is not the weekend, public or civic
holiday.
4.3. Special Meetings
The Mayor may at any time summon a special meeting of Council on twenty-four (24)
hours’ notice to the members of Council or upon receipt of the petition of the majority of
the members of Council. The Clerk shall summon a special meeting for the purpose and
at the time specified by the Mayor or in the petition. Twenty-four (24) hours notice of all
special meetings of Council shall be given to the members of council and public through
the Clerk’s office. The only business to be dealt with at a special meeting shall be that
which is listed in the notice of the meeting or given orally to the members unless decided
otherwise by consent of the entire Council. Special meetings may be either open or closed
(in accordance with the Municipal Act) as decided by Council.
The Mayor may, in the event of an emergency, call a special meeting of Council without
giving the mandatory twenty-four hours notice, provided that the Clerk has diligently tried
to advise all Members and public immediately on being advised by the Mayor of his
intention to hold such an emergency meeting. In the case of an emergency, Council at
its sole discretion may hold its meetings and keep its public offices at any convenient
location within or outside the municipality.
4.4. Public Meetings
Council, from time to time. may conduct Public Meetings or Public information Sessions
for any purpose giving such notice as may be deemed necessary or required by
legislation. Public Meetings required for an application, in accordance with the Planning
Act, may be conducted during a scheduled meeting of Council or Committee, or if deemed
necessary by the Clerk, or designate, may be conducted as a separate meeting on a
designated day and place.
4.5. Notice of Meetings
The Clerk or designate shall ensure that the agenda for each meeting of Council shall be
distributed to Council.
Posting of the Agenda on the Township website and website calendar and in any other
manner deemed appropriate and shall constitute public notice of the meeting.
Notice of Special Council Meeting shall be given to the public by posting as above as
soon as is practicable after notice of the Special Meeting has been given.
Notice of an Emergency Council Meeting shall be given to the public by posting as above
as soon as practicable. Such posting may not occur prior to the Emergency meeting.
The Mayor (Presiding Officer) may cancel a meeting due to lack of items for consideration,
or the Clerk, in consultation with the Mayor (Presiding Officer) may cancel a meeting when
it has been confirmed before the meeting that there will be a lack of quorum present. Such
cancellation shall be noted on the Township’s website as soon as practicable after the
meeting has been cancelled.
The Clerk’s Department will ensure that the link for public access to open meetings
(subject to available technology) will be provided on the website calendar on the
Township website.
4.6. Place of Meetings
All meetings shall be held in Council Chambers or at such a place and location specified
within the Township designated for such purpose by the Council.
Council meeting may be held in an adjacent municipality if the Council of two or more
municipalities hold a joint meeting to consider matters of common interest.
4.7. Agenda
Staff reports shall be submitted for review to the CAO by Wednesday at 12:00pm, prior
to the scheduled meeting, to ensure inclusion on the agenda and the timely publication
of the agenda.
The agenda will be delivered by electronic transmission (e-genda) with hard copies
available at the Township office to each Member of Council, upon request, not later than
Friday at noon, preceding the scheduled regular public Council meeting. A complete copy
of the published agenda shall be posted on the municipal website for administration,
members of the press and public and constitutes and provides notice of matters to be
discussed. Paper copies can be made available upon request for accessibility reasons.
In Keeping with Accountability and Transparency, additions to the agenda shall not be
permitted, except when the matter is of a time sensitive nature, the Member or staff shall
provide the matter to the Clerk, along with justification as to why the matter is of a time
sensitive nature.
If the Clerk, Head of Council and CAO are satisfied that the matter is of a time sensitive
nature, and should not wait until the next regular meeting, it will be presented to council
for approval to amend the agenda.
For the purpose of this section, a matter is deemed to be of a time sensitive nature, if it
will negatively impact the health and safety and wellbeing of persons, expose the
municipality to liability, negatively impact the municipalities position in negotiation or time
available to initiate and/or complete a matter following the normal procedures is
insufficient, if Council does not make a decision and the Township does not act on the
matter prior to Council’s next regular meeting.
4.8. Order of Proceeding
Regular meetings of Council agendas shall be comprised of the following:
a) public meetings/public information sessions
b) call to order;
c) reconciliation statement
d) mayor’s opening remarks
e) approval of agenda;
f) approval of minutes of the previous meetings;
g) disclosure of interest and nature thereof;
h) business arising from minutes;
i) delegations/presentations
j) correspondence and petitions
k) move to the committee of the Whole
I) committee/staff reports;
m) return to regular meeting of Council
n) new and-unfinished business;
o) notice of motions;
p) By-Laws;
q) announcements;
r) question period for the public;
s) question period for the press;
t) closed meeting as per Section 239 of the Municipal Act, RSO 2001;
u) rise from committee of the whole in camera
v) Reporting Out from Closed Session
w) By-Law to confirm proceeding of Council;
x) adjournment
Public Meetings — Meetings for public notice or information
Call to Order — as soon as there is a quorum after the scheduled commencement time
the Presiding Officer shall call the Members to order.
Reconciliation Statement — Land Acknowledgement
Mayor’s Opening Remarks — advise Council of pertinent information
Approval of the Agenda — motion to adopt the agenda. Motion may include any addenda
items.
Approval of the minutes of the previous meeting. — motion to adopt previous minutes.
May include any amendments to be made.
Disclosure of Interest — All Members shall declare any Disclosure of interest, any
disclosure of Interest shall be recorded in the minutes.
Business Arising from the Minutes — Inquiries of business from a previous meeting that
required action.
Delegations/Presentations — Delegate that self-registers with a completed Delegation
Request Form from the Township’s webpage and submitted to the Clerk prior to the
submission deadline. Information from an agency or a ceremonial presentation to the
Township or an employee or council) member of a certificate, cheque or award.
Correspondence and Petitions — Communications and petitions filed with the Clerk prior
to the submission deadline shall be placed on the agenda
Move to the Committee of the Whole- Provides opportunity for all Members to participate
in discussions.
Committee and Staff reports — Verbal updates from Council representative of Committees
and Boards activities and written staff reports for Council consideration.
Return to Regular Meeting of Council — Executive Session
New and Unfinished Business — introduce notice of motions and any items not disposed
of on the previous agenda.
Notice of Motions — a brief verbal explanation of the matter the Member wished to bring
forward to the next meeting.
By-Laws — A listing of all By-Laws proposed for adoption.
Announcements — Council may state items related to events of interest that are taking
place
Question Period for the Public — Public attendees may ask Council clarification questions
on the agenda items.
Questions Period for the Press — Press may ask Council clarification questions on agenda
items.
Closed meeting — A meeting closed to the public as provided in the Municipal Act.
Rise from committee of the whole in camera
Reporting Out from Closed Session — Back to Open session to declare what has been
decided in Closed session
By-Law to confirm proceeding of Council — A By-Law to confirm the proceedings of
Council with respect to each resolution and action of the meeting.
Adjournment — Close of the Meeting
4.9. Calling of Meeting to Order and Quorum
As soon after the hour fixed for the holding of the Council meeting as a quorum is present,
the Mayor (or designate) shall take the chair and call the meeting to order.
A quorum is a simple majority of the elected Council, physically and/or electronically
present at the time of the meeting.
If no quorum is present 15 minutes after the time appointed for the Meeting of the Council,
the Clerk shall record the names of the members present and the meeting shall stand
adjourned until the next regular meeting of council, or a new meeting date is set by the
Mayor.
Electronic participation by members of Council, Local Boards and Committees shall count
towards quorum in accordance with section 238 (3.3)(a) of the Municipal Act, 2001, as
amended.
4.10. Attendance
Attendance shall be in person or electronically for Members of Council, Committee or
Local Boards. Electronic participation is permitted for Members of Council, Committee or
Local Boards. This applies to regular, special, emergency and closed sessions of council
and meetings of local boards and committees and public meetings.
4.10.1. Electronic Meeting Participation
That while every effort shall be made by members to attend meetings physically in
person, during the following circumstances members may participate fully in
regular, special emergency and closed session meeting by electronic means to the
extent and in the manner set out in this By-Law:
a) It is not safe or possible to attend an in person meeting due to a natural
weather event.
b) Health and safety restrictions as determined by the CAO in consultation with
the Head of Council.
c) Restrictions, guidelines or recommendations set out by the Health Unit, the
OPP or the Province of Ontario.
d) The activation of the Emergency Control Group or a declared emergency
by any level of government
e) Illness or disability
f) Need to care for a sick family member that make in person attendance
difficult
g) Trip/vacation
Members are responsible for ensuring they have the ability to allow them to participate
electronically effectively. If a member is disconnected due to technology issues, Council
may take a recess to allow the Member to try to rejoin. If after 10 minutes they cannot,
they will be considered to have left the meeting and the meeting will proceed ‘with the
remaining members so long as there is still quorum. The Member may rejoin the meeting
at any time they are able.
If there is technical failure at the place of the meeting, the Mayor or designate shall recess
to allow the staff to try to reconnect. If after 1 5minutes they cannot, the meeting shall be
adjourned.
Members of Council are required to notify they Clerk’s office of any anticipated, but
unavoidable, absences from meetings and any Member of Council participating
electronically shall notify the Clerk, via email, as soon as possible in advance of the
meeting.
The (Presiding officer) must be physically present to preside over the meeting, unless,
due to necessity, all Members are participating electronically.
4.11 Absence of the Mayor
If the Mayor is unable to attend the meeting or does not attend within fifteen minutes after
the time appointed for a meeting of the Council, and the Deputy Mayor shall call the
meeting to order, if quorum is present, and preside until the arrival of the Mayor.
If the Mayor or the Deputy Mayor does not attend within fifteen minutes after the time
appointed for a meeting of the Council, the member with the most votes from the current
election shall preside until the arrival of the Mayor or the Deputy Mayor and while so
presiding the acting Mayor shall have all the powers of the Mayor.
4.12. Meetings Open to the Public
All regular meetings of Council, Committee of the Whole and committee meetings shall
be open to the public as per section 239(1) of the Municipal Act, 2001 unless the subject
matter being considered would fall within section 239 (2,3) of the Municipal Act, 2001,
and no person should be excluded except for improper conduct.
Unless declared to be necessary, an electronic and livestreaming a meeting is a
convenience and not a necessity. Council may provide for electronic meetings as they
find desirable. In the event of technical failure during the meeting, Council may take a
recess to allow staff to reinstate the electronic participation. If the majority of Council is
present in person, technical failure will not deem the meeting inappropriate or affect the
validity of the meeting.
4.13. Livestreaming Meetings
Where circumstances allow, Council Meetings will be livestreamed through appropriate
platforms.
Public will be informed of meeting broadcast on the agenda page, by signage on the door
and the Presiding office shall make an announcement at the commencement of
proceedings.
If technical issues are encountered that makes the livestream feed unavailable during the
meeting, the following shall apply:
a) If the meeting is open to the public for physical attendance, the meeting shall
proceed as per the stated agenda.
b) Staff will inform the Presiding Officer as soon as practicable that the livestream is
unavailable.
c) If the meeting is held wholly electronically and/or there is no opportunity for the
public to view proceedings through other means, the Presiding Officer shall recess
for 15 minutes, if the technical issue(s) can not be resolved, the meeting shall
cease until such time as Council can be reconvened.
4.14. Meetings Closed to the Public
Council may, by resolution that states the general reason, close a meeting or part of a
meeting to members of the pubic if the subject mailer to be considered is permitted under
the Municipal Act, 2001 as amended.
Members of Council, Local Boards and Committees shall be permitted to participate
electronically in a meeting that is open or closed “in camera” to the public in accordance
with section 238 (3.3)(b) of the Municipal Act, 2001, as amended.
In the case that Members of Council participate electronically in closed sessions, all
Members must attest to the fact that they recognize they will be in a closed session and
are able to ensure confidentiality.
Members shall keep confidential any information:
i. Disclosed or discussed at a meeting or part of a meeting that is closed to
the public;
ii. That is circulated to members and marked confidential; and
iii. That is received in confidence verbally in preparation of the closed meeting.
At a closed meeting, no member shall discuss or otherwise deal with any matter that
materially advances the business or decision making of the Council which falls outside of
the stated purpose of the closed meeting.
A meeting shall resume in open session for the taking of a vote. All matters requiring a
vote shall be brought forward and voted upon when Members rise from closed session.
Council may hold a vote in closed for a procedural matter or for giving directions or
instructions to officers, employees or agents of the municipality. Members participating
electronically may vote on administrative matters in a closed session.
Any documentation marked confidential shall be kept securely by the member until no
longer required in the course of business and shall at that time be destroyed by the
member or returned to the office of the Clerk for destruction.
Members of Council have the duty to hold in strict confidence all information concerning
matters dealt with at a closed meeting. The obligation to keep information confidential
applies to a member after he or she ceases to be a member of Council.
4.15. Enquiries Regarding Closed Meetings
The response of members to enquiries about any matter dealt with by Council or
Committee at a closed meeting shall be no comment’ as the mailer was dealt with in a
closed session or words to that effect. No member shall release or make public any
information considered at a closed meeting or discuss the content of such a meeting with
persons other than Council Members or relevant staff members.
After a closed meeting investigation, the report received by the closed meeting
investigator shall be included in the next agenda of council and a resolution shall be
passed on how it intends to address the outcomes of the report.
4.16. Violating Confidentiality of Closed Meetings
The release of any information about any matters dealt with by Council at a closed
meeting shall be by the Mayor (or delegate) and only with the approval of Council.
Any violation of the closed meeting provisions of this By-Law may result in a determination
of a breach of the Code of Conduct. At a closed session, any member alleged to have
violated the closed meeting provisions shall be provided with full particulars of the alleged
violation and given an opportunity to make a statement to Council responding to the
allegation(s) before Council makes its decision, but shall otherwise not be entitled to
participate in a discussion of, or vote on, any resolution of Council dealing with the
allegation(s) or any sanctions to be imposed by Council.
Council shall determine by resolution passed at a closed meeting whether a member has
violated the closed meeting provisions of this By-Law and upon making such
determination, shall forward the complaint to the appointed Integrity Commissioner for
investigation and review
4.17. Clerk Required
No meeting of Council, including closed sessions, shall be held in the absence of the
Clerk or their designate. This provision of the By-Law may not be suspended.
4.18. Curfew
No meeting shall exceed 3 hours unless unanimous consent is given by the members of
Council or Committee.
4.19. Vacant Seat
Notwithstanding Pregnancy and Parental Leave for members of council Policy, in
accordance with section 259.1 c) the office of a member of Council of a municipality shall
become vacant if the Member is absent from the meetings of council for three successive
months without being authorized to do so by a resolution of council.
5. MINUTES
Minutes shall record without note or comment:
a) the place, date and time of meeting
b) the names of the presiding officer or officers and record of the attendance of the
members
c) the late arrivals and early departures of members
d) disclosure(s) of pecuniary interest and general nature thereof
e) the reading, correction, if necessary, and adoption of the minutes of prior meetings
and
f) all other proceedings of the meeting without note or comment.
It shall be the duty of the Clerk to ensure that the minutes of the last regular meeting, and
all special meetings be circulated to all Members of Council.
If the minutes have been delivered to Members of Council, the minutes shall not be read
and a resolution that the minutes be adopted as if read shall be in order.
The approved written minutes shall be the official record of all meetings. Video files shaH
not be maintained as a record. Files on the internet are part of the public realm and as
such are subject to alteration by a member of the public with no municipal control over
such alterations.
6. DISCLOSURE OF PECUNIARY INTEREST
It shall be the responsibility of each Member to identity and disclose any pecuniary interest
in any item or matter at a meeting.
If a Member of Council or Committee having any pecuniary interest, direct or indirect, in
any matter in which they are present at a meeting at which the matter is the subject of
consideration, they shall disclose their interest and the general nature thereof to the Clerk,
secretary of the Committee prior to the commencement of the meeting. If a member is
not present and has a pecuniary interest, they shall disclose his/her interest as soon as
possible thereafter.
Members shall complete and submit to the Clerk/Recording Secretary a written Pecuniary
Interest Form (APPENDIX B) of the member’s pecuniary interest for recording in the
minutes.
A member who has declared a pecuniary or any interest in a question shall leave the
table and at their discretion may remain or leave the meeting until the matter is dealt with
but shall refrain from speaking and voting on the question.
If the meeting is not open to the public, the member in question shall forthwith leave the
meeting or that part of the meeting that deals with the subject matter.
If quorum is lost due to declaration of interest, the remaining members shall be deemed
to constitute a quorum, provided such number is not less than two.
The Clerk shall maintain a registry of any pecuniary interest for public view and the
registry shall be available for public inspection during regular business hours.
Where the Pecuniary Interest of a Member has not been disclosed by reason of the
Member’s absence from a particular Meeting, the Member shall disclose the Pecuniary
interest at the first Meeting of the Council, which the Member attends.
7. DELEGATIONS/PRESENTATIONS
Delegations – Persons desiring to present information verbally on matters of fact, or make
a request of Council, shall give notice to the Clerk in writing not later than 4:30 p.m. on
the last Wednesday preceding the commencement of the meeting of the Council. There
will be one spokesperson per delegation.
The individual or group shall provide to the Clerk with a delegation form (APPENDIX A)
including their name or name of the group, the nature of the business to be discussed
and if representing any organization, the name of the agency or other such body for
inclusion on the agenda.
Council may, at its sole discretion, entertain Delegations not listed with the Clerk for
inclusion on the agenda as circumstances warrant. When determining if a delegation will
be heard that is not on the agenda, consideration shall be given to the Township’s
Accountability and Transparency Policy.
A delegation intending to distribute any reports or supporting documentation shall provide
it o the Clerk in order that the material can be circulated with the agenda.
The inclusion of a delegation on the agenda shall be determined on a first come first
served basis and regard shall be given to the length of the agenda. No more than two
(2) delegations will be heard at any meeting.
Delegations shall be limited to ten (10) minutes for presentation time with an additional
five (5) minutes for questions and answers unless and until the presiding officer has
extended or reduced such time allotment.
Council will not respond to a delegation during the meeting at which it occurs. Members
may seek clarification from the speaker but will not enter into a debate or discussion on
the subject matter of the delegation.
Any individual/group/organization shall be limited to one (1) deputation in a calendar year
on the same subject matter, not including presentations requested by Council. If
additional new information is available to provide to Council on the matter, they may
provide written correspondence to the Clerk to be placed on the next regular meeting of
Council.
Presentation — Township receiving and/or presenting an award cheque or certificate of
accomplishment, appreciation or recognition.
8. CORRESPONDENCE AND PETITIONS
Requested correspondence for the agenda (including items in the information release)
shall be placed on the agenda for council consideration.
Every petition filed with the Clerk intended to be presented to the Council, shall be legibly
written or printed and shall not contain any obscene or improper mailer or language and
request a particular action.
A paper petition must contain their printed name and original signature from each
petitioner.
Every petition or communication shall be delivered to the Clerk not later than 4:30 p.m.
on the Wednesday preceding the date of the regular meeting of Council.
Petitions or communications not listed with the Clerk prior to the meeting may be heard
upon unanimous consent of Council but decision may be deferred on the matter in
question until further study.
9. COUNCIL COMMITTEES AND MUNICPAL OFFICIALS REPORTING
Reports from either Council Committees or Municipal Officials shall deal with matters
previously delegated to them or that fall within their jurisdiction.
Any member of Council may request, through the GAO, follow up information or give
notice of a motion to the Clerk to be brought forward at the next Council meeting.
10. NEW AND-UNFINISHED BUSINESS
Any matter on the agenda not disposed of by Council shall be placed on the Agenda for
the next Regular Meeting unless a special Meeting is called sooner.
11.READING OF BY-LAWS AND PROCEEDINGS
Every By-Law shall be introduced upon motion by a member of the Council, specifying
the title of the By-Law.
Every By-Law when introduced shall be in typed form and shall contain no blanks except
such as may be required to conform to accepted procedure or to comply with provisions
of any act and shall be complete with the exception of the number and date thereof.
Every By-Law shall have three readings; first, second and third and reading may be read
jointly. The third reading may be delayed to a time designated by Council.
After the first and second reading of the By-Law it may be amended and or debated.
Amendments to any By-Law shall be deemed to be incorporated into the By-Law.
If the Council determines that the By-Law is to be considered in Committee of the Whole,
it shall be so considered previous to the third reading thereof.
If Council so determines, a By-Law may be taken as read.
The Clerk shall set out on all By-Laws enacted by Council the date of the several readings
thereof.
Every By-Law enacted by the Council shall be numbered, dated and shall be sealed with
the seal of the Corporation and signed by the Clerk and the Presiding Officer and shall
be deposited by the Clerk in their office for safe keeping.
If the By-Law has been delivered to members of Council, the By-Law shall not be read
and a resolution that the By-Law be adopted as if read shall be in order.
The Clerk is authorized to make such minor additions, deletions or correct other
grammatical and clerical errors or changes in form to any By-Law before same is signed
and sealed, for the purpose of ensuring correct and complete implementation of the action
of Council forming the subject matter of the By-Law.
12. ROLE OF THE PRESIDING OFFICER
It shall be the duty of the Mayor or designate:
a) to open the meeting of Council by taking the chair and calling the meeting to order;
b) to announce the business before the Council in the order in which it is acted upon;
c) to receive and submit, in the proper manner, all motions presented by the
members of Council;
d) to put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of proceedings and to announce the results;
e) to decline to put to a vote motions which infringe upon the rules of procedure;
f) to restrain the members, within the rules of order, when engaged in debate;
g) to enforce on all occasions the observance of order and decorum among the
members in accordance with the established code of conduct;
h) to call by name any member persisting in breach of the rules of order of the
Council, thereby ordering him to vacate the Council Chambers;
i) to expel or exclude from any meeting any person who has engaged in improper
conduct at the meeting.
j) to receive all messages and other communications and announce them to
Council;
k) to authenticate, by his/her signature, when necessary, all By-Laws, resolutions
and minutes of the Council;
l) to inform Council, when necessary or when referred to for the purpose, on a point
of order or usage;
m) to represent and support the Council, declaring its will, and implicitly obeying its
decision in all things;
n) to ensure that the decisions of Council are in conformity with the laws and By
Laws governing the activities of the Council;
o) to adjourn the meeting when the business is concluded;
p) to adjourn the meeting without question put in the case of grave disorder arising
in the Council Chamber.
The business of the Council shall be taken up in the order in which it stands on the
agenda. The Mayor may vary the order of business to better deal with matters before
Council.
13. MOTIONS
When a Motion is presented in Council in writing, the Mayor (Presiding Officer) shal! state
he names of Members moving and seconding the motion and read the motion before
debate. A motion so stated shall be considered the main motion.
13.1 Introducing Motions
Council motions shall be signed by a mover and seconder, except those as otherwise
provided by the rules of procedure. A Member may move a Motion in order to initiate
discussion and debate and that Member may vote in opposition to the Motion. A seconder
of a Motion may also vote against the Motion.
The presiding officer may state relevant facts and their position on any matter before
council without leaving the chair, but the Presiding Officer must first leave the chair to
introduce a motion. They shall vacate the chair for that purpose only and shall call Deputy
Mayor shall preside during the meeting until they resume the chair.
The Clerk shall note in the minutes when the Presiding Officer vacates and resumes the
chair.
A motion which requires the exercise of power or powers by Council which are not within
its jurisdiction shall not be in order. Whenever the Mayor (or designate) is of the opinion
that a motion is contrary to the Rules of Procedure they shall rule the motion out of order.
If a motion is not ruled out of order, and after it is read and stated it shall be deemed to
be in possession of the members and, if applicable, immediately be open to debate or
amendment. The mover is entitled to speak first if so desired.
13.2 Main Motion
is a motion to consider any subject that is brought before Council for its consideration.
Main motions are the lowest in the order of precedence and yields to all other motions.
13.3 Withdrawal
After a motion has been duly moved and seconded, it shall be deemed to be in the
possession of Council, and it may only be withdrawn before decision or amendment with
the permission of Council. A motion to withdraw shall be withdrawn from the mover with
consent of the seconder and seconded and disposed of prior to any other secondary
motion being presented.
13.4 Amendment
The purpose of an amendment is to modify the motion in some way by inserting or striking
out certain words or phrases before it is voted on.
Such motions:
(a) Are debatable (only on the amendment, cannot go into the merits of the main motion)
(b) Must be seconded
(c) Requires a majority vote
13.5 The Question be Now Put
The purpose of a motion to be ‘Put’ is to close debate and bring Council to a vote on a
pending question.
A motion that is ‘Now Put’:
Is not debatable;
Cannot be amended;
Cannot be moved when there is an amendment under consideration.
13.6 Motion for Reconsideration (or reopen debate)
(a) A Motion for Reconsideration is used to reconsider a matter decided by Council within
the same meeting, subject to the following:
(i) such motion must be moved by a member who voted on the prevailing side;
(ii No discussion except obtaining information that justifies the reconsideration;
(iii) such motion must be supported by a majority vote of the Members of Council
before the matter to be reconsidered can be debated;
(iv) debate on the question must be confined to such matters as new information
that has come forward, an error in documentation presented or incorrect
statements made during the original debate.
(v) a 2/3 vote is required to adopt a motion of reconsideration.
(b) If a Motion for Reconsideration is approved
(i) no action shall be taken in respect of the matter under reconsideration until it
has again been presented to council for a decision at the next regular Council
Meeting unless it has been deemed to be an emergency.
(ii) the mailer shall be presented to Council in the exact manner in which it was
first presented to Council.
13.7 Motion to Rescind (amend something previously adopted or bring back a defeated motion)
The purpose of a Motion to Rescind is to change part of the motion or substitute a different
version or annul some action taken previously by council when it was too late to reconsider the vote. If it is considered necessary to rescind a motion, a notice of motion
to rescind must be introduced and the motion can be voted on at a subsequent designated
meeting. A 2/3 vote s required to introduce without notice.
To bring back a defeated motion, simply renew the main motion.
There is no time limit, but a motion to rescind or renewing a motion, shall be ruled out of
order f any change to the previous decision would interfere with legally binding
commitments of the Township of Augusta existing as of the date the motion to rescind is
moved.
Rescinding and renewing can only be applied if the Member has valid new information
that can be introduced.
13.8 Motion for Decision of Question (split the question)
If a pending motion contains two or more parts capable of standing as separate questions,
C0uncil may vote to treat each part accordingly in succession.
Such a Motion:
a) Must be seconded
b) Is not debatable
c) Requires Majority vote
13.9 Motion to Refer
The purpose of a Motion to Refer is to refer a question to a committee, for further
clarification or opinion in the form of a recommendation to Council.
13.10 Motion to Defer or Postpone
The purpose of a Motion to Defer or Postpone is to postpone a motion to be taken up
again at a specified date when some information necessary for consideration is
temporarily unavailable. The Motion to Defer shall not be used if the intent is essentially
to dismiss the item in question.
A Motion to defer or postpone indefinitely shall be treated as a motion to Table.
13.11 Motion to Table
The purpose of a Motion to Table is to set aside a motion temporarily in order to take up
something else of immediate urgency. It removes the subject from consideration until a
vote of council hits it from the table. A Motion to Table cannot be debated or amended.
A Motion to Table with some condition, opinion, or qualification added to the Motion to
Table shall be deemed to be a motion to postpone or defer.
A motion that has been tabled cannot be lifted off the table unless it has been added to
the agenda prior to the meeting taking place.
A motion that has been tabled and not taken from the table for six months is deemed to
be withdrawn and cannot be taken from the table.
13.12 Motion to Recess
The purpose of a motion to recess is for council to break for a short intermission for a
specified length of time. Motion requires a seconder and majority vote.
13.13 Motion to Adjourn
The purpose of a motion to adjourn is to bring the Council meeting to a close even if
business is pending. A motion to adjourn can be introduced orally, is not debatable,
requires a seconder, majority vote and is not in order when someone has the floor or if a
vote has been called, until after the vote has been declared.
13.14 Notice of Motion
A notice of a new item being brought before Council during the meeting, shall not be
debated, does not require a seconder and shall be referred to the next Regular Council
meeting for discussion under new business. Notice of Motion requires the Member of
Council to provide, at a minimum, a brief verbal explanation of the matter and to provide
the Head of Council and the Clerk with a written motion for the next regularly scheduled
meeting of Council. New items of an urgent nature may be considered if in the opinion of
the Council they require an immediate decision. This shall be used only in urgent
circumstances and shall take accountability and transparency into consideration.
A notice of motion submitted to the Clerk prior to Wednesday at 4:30pm preceding the
date of the Council meeting shall be included in the agenda for that meeting under the
item Notice of Motion. The presiding Officer shall state the mover and seconder and read
the motion to open for debate as a main motion.
14. VOTING ON MOTIONS
14.1. General
Except as otherwise exempt, every Member at a Council meeting shall have one vote
and be able to debate when a question stated, unless the Member has declared a
pecuniary interest in the matter. Any Member who abstains from voting on a matter before
Council shall be recorded as voting in the negative except where they are prohibited from
voting by statute.
Members participating in an electronic meeting have the same rights and responsibilities
as if the Member was in physical attendance at the Meeting, including the right to vote.
The Mayor (Presiding Officer) has the same voting rights, except where disqualified by
reason of interest or otherwise, as every member and may vote with the members on all
questions. The Presiding Officer may protect impartiality by exercising voting rights only
when their vote would affect the outcome.
14.2. Questions Stated
Immediately preceding the taking of the vote, the Presiding Officer may state the question
in the form introduced and shall do so if required by a member except when a motion for
the previous question has been resolved in the affirmative. He shall state the question in
the precise form in which it will be recorded in the minutes.
14.3. No Interruption After Question
After a question is finally put by the Presiding Officer 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. The decision of the Presiding Officer as to whether the question has
been put is conclusive.
14.4. Unrecorded Vote
The manner of determining the decision of the Council on a motion shall be at the
discretion of the Presiding Officer and may be by voice, show of hands, standing or
otherwise.
14.5. Tie Vote
A motion on which the voting results in a tie shall be declared lost except where otherwise
provided by any Act. A tie vote is not majority therefor the matter does not pass.
14.6. Recorded Vote
When a member present requests a recorded vote, all members present at the Council
or Committee meeting must vote in alphabetical order, unless otherwise prohibited by
statute. The names of those who voted for and others who voted against shall be noted
in the minutes. A request for a recorded vote can be made immediately prior or
immediately subsequent to the taking of the vote, if the oral vote count is in question.
15. RULES OF CONDUCT AND DEBATE
All Members shall govern themselves according to the rules and procedures set out in
this By-Law, and the Code of Conduct.
No Member shall:
(a) use offensive words or un-parliamentary language or speak disrespectfully
in or against the Council, against any Member of Council or any municipal
Employee;
(b) speak on any subject other than the subject in debate;
(c) criticize any decision of the Council except for the purpose of moving that
the question be reconsidered;
(d) express their opinion of a Council decision in a way that undermine the
standing of a Council decision in the community.
(e) disobey the rules of the Council or decision of the Presiding Officer or of the
Council on questions of order or practice or upon the interpretation of the
rules of the Council; and in case a Member persists in any such
disobedience after having been called to order by the Presiding Officer, the
Presiding Officer may forthwith put the question, no amendment,
adjournment or debate being allowed, “that such Member be ordered to
leave his seat for the duration of the meeting of the Council”;
Every member prior to speaking to any question or Motion shall be recognized by the
Presiding Officer. When two or more Members rise to speak, the Presiding Officer shall
designate the Member who has the floor, who shall be the Member who, in the opinion of
the Presiding Officer, rose first. Every Member present at a meeting of the Council when
a question is put shall vote thereon unless prohibited by a statute.
If a member disagrees with the announcement of the Presiding Officer that a question is
carried or lost they may, but only immediately after the said declaration is made, appeal
the declaration and request that a recorded vote be taken.
When the Presiding Officer calls for the vote on a question, each Member shall occupy
their seat and shall remain in place until the result of the vote has been declared by the
Presiding Officer, and during such time no Member shall speak to any other Member or
make any noise or disturbance.
When a Member is speaking no other Member shall interrupt except on a point of order,
and during such time no other Member shall speak to any other Member or make any
noise or disturbance.
Any Member may require the question or motion under discussion to be read at any time
during the debate but not so as to interrupt a Member while speaking.
No Member, without leave of the Council, shall speak to the same question, or in reply,
for longer than five (5) minutes.
When a Member has been recognized by the presiding officer as the next speaker, then
immediately before speaking such Member may ask a question of the Presiding Officer
or an official of the Municipality on the matter under discussion, but only for the purpose
of obtaining information, following which the Member shall speak.
The Presiding Officer may also participate in the debate as long as they ensure that all
Members have the opportunity to express their views and conduct debate in a fair manner.
The Presiding Officer can speak in discussion with rising or leaving the Chair.
The following matters and motions with respect thereto may be introduced orally without
written notice and without leave, except as otherwise provided in this By-Law:
(a) a point of order or personal privilege;
(b) presentations and petitions (should be presented in writing);
(c) to lay on the table;
Cd) to postpone indefinitely or to a day certain;
(e) to move the previous question;
The following motions may be introduced without notice and without leave, but such
motions shall be in writing and signed:
(a) to refer;
(b) to adjourn;
(c) to amend;
(d) to suspend the Rules of Procedure;
Except as provided herein all motions shall be in writing and signed by the mover and the
seconder.
In all un-provided cases in the proceedings of the Council or in the Committee of the
Whole, the matter shall be decided by the Presiding Officer, subject to an appeal to the
Council upon a point of order.
The Presiding Officer (or designate) shall preserve order and decide questions of order
giving concise reasons for the ruling, subject to immediate appeal.
If the decision is appealed, the question “will the Chair be sustained?” will be put to
Council without debate and Council’s decision shall be final.
16. POINTS OF ORDER
16.1. Point of Privilege
A Member shall be permitted to raise a ‘Point of Privilege’ and address Council upon a
mailer that concerns the rights or privileges of Council collectively or as an individual
Member. A Point of Privilege shall take precedence over other matters and the Presiding
Officer (or designate) shall rule on the point and no one shall be considered to be in
possession of the floor.
16.2. Point of Order
Through the Presiding Officer (or designate) a Member may raise a ‘Point of Order’ to call
attention to a violation of the Rules of Procedure prior to the vote being put. After the
Mayor (or designate) grants leave, the Member shall state the point of order.
16.3. Point of Information
Through the Presiding Officer (or designate) a Member may raise a ‘Point of Information’
to request information relevant to the business at hand any time prior to the vote being
put.
17. CONDUCT OF MEMBERS OF PUBLIC
Members of the public who constitute the audience in the Council Chamber during a
Council meeting shall maintain order and may not:
i. address Council except upon request by the Presiding Officer or when permitted
by the agenda and presentation
ii. interrupt any speech or action of the Member of Council or any other person
addressing Council
iii. ask questions that do not pertain directly to items listed on the agenda or
iv. use profanity or threating behaviour, demean or intimidate any person.
v. disrupt the debate, discussion or proceedings of council
The Presiding Officer may issue a warning or expel or exclude from any meeting any
person who has been guilty of improper conduct at the meeting.
In the event of grave disorder, the Presiding Officer may unilaterally suspend the meeting
until order is restored or adjourn the meeting with a motion.
18.ADVISORY GROUPS (COMMITTEES) STRUCTURE & COUNCIL APPOINTMENT
Council establishes various Boards and Advisory Groups (Committees) to help support
their work. Some are discretionary and others are mandatory as required by legislation.
Committee Members are representatives of the Township, and their conduct reflects on
the Township and Council. Committee Members are expected to perform their duties in
good faith and in the best interest of the Township.
Except as otherwise provided, a committee will conform to the rules governing protocol
and procedure of this By-Law as far as they are applicable.
At the commencement of the term of Council, Committee and Board members shall be
appointed by Council for the term of Council, but not less than one year.
Council and Advisory Groups (Committees) may form ad hoc committees to act as
working groups, from time to time, for a specific projects.
The recruitment and review of potential members will be done as a call for interested
volunteers at the beginning of the term of Council. Selection will be through the Mayor in
consultation with Council.
The Chair of the Committee shall be a councillor or a member of the Committee as
selected by the Mayor.
The Mayor will be deemed an ex officio member on all committees to which the Mayor is
not specifically named and may vote, but does not count as quorum of that committee.
Any Member of Council may attend any Advisory Groups (Committees) as an observer.
Subject to the provision of any general or special Act, the Council shall set forth terms of
reference and such other provisions as the Council deems proper. The main purpose of
Committees shall be as described in the Terms of Reference for each Committee.
The CAO will designate a staff person to be the recording secretary of Committees.
19. SUSPENSION OF RULES
Any procedure required by this By-Law may be suspended with consent of 2/3 majority
of the Members of the Council present provided they are not inconsistent with any
other statute.
A Motion to suspend shall only apply to the rule/procedure stated within the motion to
suspend and only during the meeting in which such motion was introduced.
The following rule/procedure may not be suspended:
a) Quorum necessary for meetings
b) Special meeting rules
c) Motion to reconsider
d) Rules or procedures that are set out by legislation.
20. CONFIRMATORY BY-LAW
The proceedings at every meeting and special council meeting shall be confirmed by By
Law so that every decision of the Council at that meeting and every Resolution passed
therein shall have the same force and effect as if each and every one of them had been
the subject mailer of a separate By-Law duly enacted.
The confirmation By-Law shall be listed separately on the agenda and is not amendable
or debatable.
21.AMENDMENT
No amendment or repeal of this By-Law or any part thereof shall be considered at any
meeting of the Council unless notice of 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.
22. SEVERABILITY
The provisions of this By-Law are severable. If any provision, section or word is held to
be invalid or illegal, such invalidity or illegality shall not affect or impair any of the
remaining provisions, sections or words.
This By-Law shall become effective January 9, 2023.
Any other By-Law, part of By-Laws inconsistent with this By-Law are hereby repealed.
By-Law 3484-2020 and 3336-2017 are hereby repealed.
READ a first time and second time this 9th day of January, 2023.
READ a third time and passed this 9th day of January, 2023.
Signed by Mayor Jeff Shaver and Clerk Annette Simonian
[Attached were copies of the Delegation Request to Appear Before Council form and the Declaration of Pecuniary Interest or Conflict of Interest Form]
