Council Procedure By-law - A-61

A by-law to provide for the Rules of order and Procedure for the Council of the Corporation of the City of London, and to repeal By-law A-50.

PART 1 – GENERAL PROVISIONS

1.0 Definitions

In this by-law:

Acting Mayor – defined

“Acting Mayor” shall mean a member of Council appointed to act as Acting Mayor who shall act in the place and stead of the Mayor, when the Mayor is absent or refuses to act or the office is vacant, for the period of time for which they are appointed and shall have all the powers and duties of the Mayor, while so acting.

Address – defined

“Address” shall mean primary domicile.

Advisory committee – defined

“advisory committee” shall mean a committee appointed by Council to provide recommendations, advice and information to Council through one of its standing committees.

Amend – defined

“amend” shall mean to alter or vary the terms of a main motion without materially changing its purpose, and amendment shall have a corresponding meaning.

Chair - defined

"Chair" shall mean the person presiding at a Council or a standing committee meeting.

Clerk - defined

"Clerk" shall mean the City Clerk of The Corporation of the City of London or their designate.

Closed session - defined

"closed session" shall mean a closed session of a standing committee or the Council not open to the public, held in accordance with section 239 of the Municipal Act, 2001.

Corporation – defined

“Corporation” means The Corporation of the City of London.

Council - defined

"Council" shall mean the Council of The Corporation of the City of London.

Declared Emergency - defined

“Declared Emergency” shall mean a declaration under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act.

Defer - defined

“defer” shall mean to delay consideration of a matter by Council or a standing committee.

Deferred Matter – defined

“deferred matter” shall mean any matter for which the Council has directed future debate or consideration by Council or a standing committee.

Deputy Mayor – defined

“Deputy Mayor” shall mean a member of Council selected and appointed to serve as Deputy Mayor in accordance with the “Appointment of Deputy Mayor” Policy, to assist the Mayor in carrying out their duties and/or act in place of the head of council or other member of council designated to preside at meetings in the municipality’s procedure by-law when the head of council or designated member is unable or refuses to act or the office is vacant.

Electronic Meeting Participation - defined

“Electronic Meeting Participation” shall mean the participation of a Council Member remotely, via electronic means, who shall have the same rights and responsibilities as if the Member was in physical attendance.

Emergent motion – defined

“emergent motion” shall mean a motion which must be made on an emergent basis at a Council meeting, rather than being directed through the appropriate standing committee, as any delay in bringing the motion before Council would result in irreparable harm or loss to the Corporation.

Meeting - defined

“meeting” means any regular, special or other meeting of the Council or standing committee, where:

(a) a quorum of members is present; and

(b) members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council or standing committee.

Member - defined

"member" shall mean a member of the Council.

Motion - defined

“motion” shall mean a proposal by a member for the consideration of Council, or a standing committee that is moved by a member and seconded by another member.

Notice of Motion - defined

“notice of motion” shall mean a notice of motion provided to the Clerk, in writing, by a member, requesting the inclusion of a motion on a future Agenda of a meeting of Council in accordance with sections 11.1 and 11.2 of this by-law.

Point of Order - defined

“point of order” shall mean a question by a member with respect to any rules or practices.

Point of Privilege – defined

“point of privilege” shall mean a question affecting the rights or privileges of the Council collectively or the position and conduct of members as elected representatives where the Chair is asked to immediately consider and take action to remedy a situation negatively affecting the rights or privileges of Council members or of Council as a whole, despite other pending business currently before Council.

Published – defined

“published” shall mean the provision of documents in print and/or electronic formats.

Recorded Vote – defined

"recorded vote" shall mean the recording of the name and vote of every member on a motion during a meeting, by either electronic or manual means.

Standing committee – defined

“standing committee” shall refer to one or more of the following committees: the Community and Protective Services Committee, the Infrastructure and Corporate Services Committee, the Planning and Environment Committee and the Strategic Priorities and Policy Committee.

Standing committee member – defined

“standing committee member” shall mean a member of Council who has been appointed by Municipal Council to serve on one of the following committees: Community and Protective Services Committee, the Infrastructure and Corporate Services Committee, the Planning and Environment Committee and the Strategic Priorities and Policy Committee. Members of Council may be appointed to one or more of said committees.

Year - defined

"year" shall mean the Council year commencing December 1st and ending November 30th of the calendar year thereafter.

2.0 GENERAL

2.1 Rules - regulations - observed - at all times

The rules and regulations contained in this by-law shall be observed in all proceedings of the Council and its standing committees.

2.2 Parliamentary procedure - proceedings

Those proceedings of the Council and the standing committees thereof not specifically governed by the provisions of this by‑law shall be regulated in accordance with generally accepted parliamentary procedure contained in Bourinot’s Rules of Order or in the case where Bourinot’s Rules of Order is silent, the Robert’s Rule of Order may be used.

2.3 Rules - regulations - suspended - 2/3 consent - Council

Any rules or regulations contained in this by-law may be suspended, except for those rules or regulations that are set out by legislation, with the consent of at least two-thirds of the whole Council.

2.4 Absence – Mayor – authority

In the absence of the Mayor, or if they refuse to act or if the office is vacant, the Deputy Mayor selected by the Mayor shall carry out their duties and/or act in place of the head of council in accordance with Council Policy 5(1), and while so acting, the Deputy Mayor selected by the Mayor shall have all the rights, powers and authority of the head of Council.

2.5 Absence - Deputy Mayor

In the event that the Deputy Mayor is unable, for any reason to act in the place and stead of the Mayor, the Council shall appoint an Acting Mayor to act in the place and stead of the Mayor and while so acting, shall have all rights, powers and authority of the head of council. In circumstances where an Acting Mayor is required to serve prior to the next regular meeting of Council, the Mayor shall select an Acting Mayor for the time period for which that appointment is required. However, if the Mayor is unable, for any reason, to select an Acting Mayor, a special meeting of the Council shall be held at the earliest possible opportunity for the purpose of appointing an Acting Mayor.

2.6 Meeting Location

All meetings of the Council and the standing committees shall be held at London City Hall, 300 Dufferin Avenue, London, Ontario unless there are concerns with respect to health and safety and/or an emergency has been declared in accordance with the Emergency Management and Civil Protection Act, 1990, for which there is consent by at least two-thirds of the whole Council to hold a meeting at another location within the boundaries of the City of London, subject to the provision of public notice of the change in venue, and subject to the availability of a venue which is accessible to the public and satisfactory to the Clerk.

3.0 SCHEDULE OF MEETINGS

3.1 Annual Schedule of Meetings – prepared by Clerk

The Clerk shall, by June 30th of each calendar year, submit a schedule of the upcoming meetings for each Council year, which shall include for consideration and adoption by the Council:

(a)  one week without meetings to be set aside in each of the months of April and May;

(b)  two successive weeks without meetings to be set aside in each of the months of July and August; and

(c)  no meetings to be scheduled on November 11.

3.2 Annual Schedule of Meetings - qualifications

When setting the annual schedule of meetings:

(a) Following a regular municipal election, the inaugural meeting shall be held at a date and time chosen by the Clerk and Mayor-Elect, but no later than the first Tuesday in December of that year;

(b) Unless otherwise decided by Council, regular meetings of Council shall be held:

 (i) Twice monthly wherever possible, on Tuesdays, commencing at 1:00 PM; and,

(ii)  in accordance with the approved annual calendar noted in section 3.1, above.

(c) Provision shall be made for meetings to consider and adopt the annual Operating, Capital, Water and Wastewater and Treatment Budgets.

3.3 Special meeting – emergency – called by Chair

The Chair may, at any time, call a special or emergency meeting.

3.4 Special meeting – called by Clerk – petition – submitted

Upon receipt of a petition signed by a majority of the members or standing committee members, the Clerk shall call a special meeting for the purpose and at the time mentioned in the petition.

4.0 NOTICE OF MEETINGS

4.1 Agenda - deemed notice - exception

The Agenda shall be considered as adequate notice of regular meetings, except for meetings held on a day or at a time other than as provided for by this by-law.

4.2 Agenda - delivered - 48 hours in advance

The Agenda for regular meetings shall be delivered by courier or sent by mail to the residence or place of business of each member or standing committee member or sent electronically to each member or standing committee member, so as to be received not later than 48 hours before the hour appointed for the meeting.

4.3 Agenda - Special meetings - notice - delivered - 24 hours prior

Notice of special meetings called in accordance with sections 3.3 and 3.4 of this by-law shall be delivered by courier or sent by mail to the residence or place of business of each member or standing committee member or sent electronically to each member or standing committee member, so as to be received not later than 24 hours before the hour appointed for the special meeting.

4.4 Special meetings - business specified - transacted

No business except the business dealing directly with the purpose mentioned in the notice shall be transacted at any special meeting.

4.5 Emergency - notice not required

Notwithstanding any other provision of this by-law, an emergency meeting may be held, without written notice, to deal with an emergency situation, provided that an attempt has been made by the Clerk to notify the members or standing committee members about the meeting as soon as possible and in the most expedient manner available.

4.6 Emergency - business specified - transacted

No business except business dealing directly with the emergency situation shall be transacted at the emergency meeting.

4.7 Agenda - notice - not received - validity

Lack of receipt of a notice or of the Agenda by the members or standing committee members or the public shall not affect the validity of the meeting or any action taken thereat.

4.8 Postponement - meeting - emergency - up to 7 days

The Chair may, when emergency situations arise, postpone a meeting for not more than 7 days to such date determined by the Chair in consultation with the Clerk. The Clerk shall then give notice of a special meeting to deal with the postponed matters in accordance with section 4.3 of this by-law.

4.9 Postponement - notice by Clerk

Upon the postponement of a meeting by the Chair in accordance with section 4.8 of this by-law, the Clerk shall attempt to notify the members or standing committee members of the postponement as soon as possible and in the most expedient manner available.

5.0 MEETINGS

5.1 Meetings – open to public

Except as otherwise provided by Section 239 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, all meetings shall be open to the public.

5.2 Meetings – when closed

A Council or standing committee meeting or part of a meeting may be closed to the public if the subject matter being considered is:

(a) the security of the property of the municipality or local board;

(b) personal matters about an identifiable individual, including municipal or local board employees;

(c) a proposed or pending acquisition or disposition of land by the municipality or local board;

(d) labour relations or employee negotiations;

(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;

(f) advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

(g) a matter in respect of which a council, board, committee or other body may hold a meeting under another Act.

(h) 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;

(i) 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;

(j) 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

(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on or by or on behalf of the municipality or local board.

5.3 Meetings – when closed – education or training

A Council or standing committee meeting may be closed to the public if the following conditions are both satisfied:

(a) the meeting is held for the purpose of educating or training the members; and

(b) at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council or standing committee.

5.4 Meetings - required to be closed

A Council or standing committee meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board, commission or other body is the head of an institution for the purposes of that Act.

5.5. Meetings – resolution required

Before holding a meeting or part of a meeting that is to be closed to the public, the Council or the standing committee that is holding the meeting shall state by resolution:

(a) the fact of the holding of a closed meeting;

(b)  the general nature of the matter to be considered at the closed meeting; and,

(c) in the case of a meeting under section 5.3 of this by-law, the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that section of the by-law.

5.6 Meetings - not closed during vote

Except as provided in sections 5.2, 5.3 and 5.4 of this by-law, a Council or standing committee meeting shall not be closed to the public during the taking of a vote.

5.7 Meetings - not closed during vote - exception

A Council or standing committee meeting may be closed to the public during a vote if:

(a) sections 5.2, 5.3 and 5.4 permit or require the meeting to be closed to the public; and

(b) the vote is for a procedural matter or for giving direction or instruction to officers, employees or agents of the municipality, local board or committee of either of them or persons retained by or under a contract with the municipality or local board.

5.8 Quorum - majority - required

A quorum shall be a majority of the members constituting the Council or the standing committee.

5.9 Call to order - quorum present

As soon after the hour fixed for a Council or standing committee meeting as a quorum is present, the meeting shall be called to order by the Chair.

5.10 Adjournment - quorum not present - names recorded

If there is no quorum present within one-half hour after the time appointed for the meeting, the Council or standing committee shall stand adjourned until the date and time of the next regular or special meeting, and the Clerk shall record the names of the members present upon such adjournment.

5.11 Meetings - Declared Emergency

A Council or standing committee meeting may include electronic participation of members, during a declared emergency. This provision includes meetings of the Council or standing committee In Closed Session. The following shall apply:

(a) The meeting Chair shall not be permitted to participate electronically at a meeting.

(b) A member requiring to participate electronically shall be required to provide the City Clerk with a minimum of 24 hours’ notice.

(c) The administration of electronic participation shall be at the discretion of the City Clerk, recognizing that technology and requirements will vary from time-to-time. This shall include the means by which members shall vote.

(d) Individual rules of debate and conduct at meetings, as included in Sections 9 and 31 of this by-law, may be suspended as required, to facilitate electronic participation in for meetings.

5.12 Meetings – Electronic Participation

A Council or standing committee meeting may include electronic participation of members in accordance with Council Policy “Electronic Participation of Council members at Council and Standing Committee meetings”.

PART 2 – COUNCIL

6.0 COUNCIL AGENDA

6.1 Composition - prepared by Clerk

The Clerk shall prepare the Council Agenda for all regular meetings consisting of the following:

I     Disclosures of Pecuniary Interest

II    Recognitions

III   Review of Confidential Matters to be Considered in Public

IV    Council, In Closed Session

V     Confirmation and Signing of the Minutes of the Previous Meeting(s)

VI   Communications and Petitions

VII   Motions of Which Notice is Given

VIII  Reports

IX    Added Reports

X     Deferred Matters

XI    Enquiries

XII   Emergent Motions

XIII  By-laws

XIV  Adjournment

6.2 Deadline - material inclusion

The deadline for receipt of material by the Clerk to be included in the regular Council Agenda shall be 9:00 AM on the Wednesday prior to the meeting.

6.3 Added Materials – deadline

The deadline for receipt of added materials by the Clerk for addition to the regular Council Agenda shall be 9:00 AM on the business day prior to the Council Meeting.

6.4 Order of business - as specified - exception

The business of each meeting shall be taken up in the order in which it stands in the Council Agenda, unless otherwise decided by a two-thirds vote of the members present.

6.5 Motion - to change order - not amendable - debatable

A motion changing the order of business shall not be amendable or debatable.

7.0 COMMENCEMENT OF COUNCIL MEETINGS

7.1 Mace - carried in procession - to Chambers - order

The mace shall be carried in procession into the Council Chambers, preceding the Mayor, by the Sergeant-at-Arms for each Council Meeting.

7.2 Mayor seated - mace put in place

When the Mayor is seated in their chair, the mace shall be put in place and shall remain there during the meeting.

7.3 Mayor - to preside - all Council meetings

The Mayor, if present, shall preside at all Council meetings.

7.4 Mayor - absence

In the absence of the Mayor, the Deputy Mayor selected by the Mayor shall call the meeting to order 15 minutes after the hour appointed for the meeting and the Deputy Mayor selected by the Mayor shall preside during the meeting or until the arrival of the Mayor.

7.5 Mayor and Deputy Mayor – absence

In the absence of the Mayor and Deputy Mayor the Acting Mayor shall call the meeting to order 15 minutes after the hour appointed for the meeting.

7.6 Mayor, Deputy Mayor and Acting Mayor – absence

In the absence of the Mayor, Deputy Mayor and Acting Mayor the Clerk shall call the meeting to order 15 minutes after the hour appointed for the meeting and the members shall elect a member to preside during the meeting or until the arrival of the Mayor, or Deputy Mayor, or Acting Mayor.

8.0 DISCLOSURES OF PECUNIARY INTEREST

8.1 Pecuniary interest - disclosure - requirements

If a member has any pecuniary interest, direct or indirect, in any matter in which the Council is concerned and if they are present at a meeting at which the said matter is the subject of consideration, then they shall disclose their interest at Stage I, as identified in section 6.1 of this by-law, and they shall recuse themselves and not take part in the consideration or discussion of the said matter nor shall they vote on any motion in regard to the said matter.

8.2 Non-compliance - by member - validity not affected

The failure of one or more members to comply with section 8.1 of this by-law shall not affect the validity of the meeting in regard to the said matter.

8.3 Disclosure - by majority - quorum - requirement

Notwithstanding the provisions of section 8.1 of this by-law, when a majority of the members has disclosed an interest in accordance with section 8.1 of this by-law and the Municipal Conflict of Interest Act, as may be amended from time to time, the remaining number of members shall be deemed to constitute a quorum, provided such number is not less than two.

9.0 RULES OF DEBATE AND CONDUCT AT COUNCIL MEETINGS

9.1 Order - decorum - maintained - Mayor

The Mayor shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the meeting, subject to an appeal to the Council.

9.2 Mayor - speaking on motion - to leave Chair

The Mayor may answer questions and comment in a general way without leaving the Chair, but if they wish to make a motion or to speak on a motion taking a definite position and endeavouring to persuade the Council to support that position, then they shall first leave the Chair.

9.3 Mayor - leaving Chair - member designated in place

If the Mayor desires to leave the Chair for the purpose of taking part in the debate or for any other reason, they shall designate another member to fill their place until they resume the Chair.

9.4 Speaking - recognition by Chair - required

Before a member may speak to any matter, they shall first be recognized by the Chair.

9.5 Speaking - order - determination

When two or more members indicate simultaneously that they wish to speak, the Chair shall name the member who is to speak first.

9.6 Speaking - limitation - subject - maximum 5 minutes

When a member is speaking to a motion, they shall confine their remarks to the motion and in speaking shall be limited to a maximum of 5 minutes, unless otherwise decided by a majority vote of the members present. A member’s speaking time shall not include any time required for staff to respond to a member’s question.

9.7 Speaking - once only - exception - vote - reply

A member shall not speak more than once to any motion, unless otherwise decided by a majority vote of the members present, but the member who has made a motion shall be allowed to reply for a maximum of 5 minutes. A member’s reply time shall not include any time required for staff to respond to that member’s question.

9.8 Speaking - under debate - motion - prohibited

A member who has already spoken to any motion under debate shall not be permitted to move any motion described in section 11.7 of this by-law, except a motion to proceed beyond the hour of 6:00 PM.

9.9 Motion - under debate - questions - before vote

When a motion is under debate, a member may ask a concisely worded question of another member, or appropriate staff, through the Chair prior to the motion being put to a vote by the Chair in accordance with section 12.4 of this by-law.

9.10 Motion - under debate - read - at any time

A member may require the motion under debate to be read at any time during the debate, but shall not interrupt a member who is speaking.

9.11 Disruption - Council - by member - prohibited

A member shall not disturb the Council by any disorderly deportment, including conduct contrary to the Code of Conduct established by the Council.

9.12 Offensive language - insults - prohibited

A member shall not use profane or offensive words or insulting expressions.

9.13 Disobedience - rules - points of order - prohibited

A member shall not disobey the rules of the Council or a decision of the Chair or of the Council on points of order or on the interpretation of the rules of procedure of the Council.

9.14 Leaving seat - disturbance during vote - prohibited

A member shall not leave their seat or make any noise or disturbance while a vote is being taken or until the result is declared.

9.15 Speaking - rising and addressing

A member may rise to speak, after addressing themselves to the Chair unless personal health and safety considerations prohibit them from rising to speak, in which case the member may speak from their seat without rising, after addressing themselves to the Chair.

9.16 Interruption - speakers - exception

A member shall not interrupt a member who is speaking, except to raise a point of order or a question of privilege.

9.17 Leaving meeting - not to return - Chair informed

A member shall not leave the meeting when they do not intend to return thereto without first advising the Chair.

9.18 Disorderly conduct - member to be removed - question

In the event that a member persists in a breach of the rules prescribed in sections 9.11 to 9.17 inclusive of this by-law, after having been called to order by the Chair, the Chair shall put the question "Shall the member be ordered to leave their seat for the duration of the meeting?" and such question is not debatable.

9.19 Disorderly conduct - member to leave seat

If the Council decides the question set out in section 9.18 of this by-law in the affirmative by a majority vote of the members present, the Chair shall order the member to leave their seat for the duration of the meeting.

9.20 Apology - member to resume seat - by permission

If the member apologizes, the Chair, with the approval of the Council, may permit them to resume their seat.

9.21 Failure to leave seat - removal by Sergeant-at-Arms

If a member does not leave their seat after being ordered to do so by the Chair in accordance with section 9.19 of this by-law and if the member does not apologize in accordance with section 9.20 of this by-law, then the Chair shall seek the appropriate assistance from the Sergeant-at-Arms.

9.22 Meeting in session – entrance to floor – restriction

No person shall be allowed to enter the main floor of the Council Chambers during meetings without the leave of the Chair, except members, employees and servants of the Corporation and those representatives of the media who have appropriate identification to the satisfaction of the Clerk.

10.0 QUESTIONS OF PRIVILEGE/POINTS OF ORDER

10.1 Rights - privileges - integrity - of members - affected

If a member believes that their rights, privileges or integrity or those of the members collectively have been prejudicially affected, they shall ask leave of the Chair to raise a question of privilege which shall take precedence over all other matters, but they shall not be permitted to enter into any argument or introduce any motion related to the question of privilege.

10.2 Civic Administration - integrity questioned - procedure

When a member considers that the integrity of a member of the Civic Administration has been impugned or questioned, the Chair shall, if they choose to do so, permit the City Manager or a Deputy City Manager or their designate to make a statement to the Council.

10.3 Rule of procedure - violation - raised by member

When a member desires to call attention to a violation of the rules or practices of procedure, they shall ask leave of the Chair to raise a point of order and after leave is granted, they shall state the point of order to the Chair succinctly and the Chair shall then decide upon the point of order and advise the members of their decision. 

10.4 Appeal - Chair's decision - immediately - required

Unless a member immediately appeals the Chair's decision to the Council, the decision of the Chair shall be final.

10.5 Appeal - decision - question put - to Council

If the decision of the Chair is appealed to the Council, then the question "Shall the ruling of the Chair be sustained?" shall be put immediately without debate and its result shall be final.

10.6 Call to order - member to sit - speaking - permission

When the Chair calls a member to order, that member shall immediately sit down until the point of order is dealt with and that member shall not speak again to the matter under discussion without the permission of the Chair, unless to appeal the ruling of the Chair.

11.0 MOTIONS – ORDER – PUTTING MOTIONS

11.1 Notice of motion - filed with Clerk

Notices of motion filed with the Clerk shall be directed by the Clerk to the next regular standing committee meeting.

11.2 Question - urgent - included in Agenda

Notwithstanding the provisions of section 11.1 of this by-law, when a member, submitting a notice of motion to the Clerk within the deadline prescribed in section 6.2 of this by-law indicates in writing to the Clerk that the notice of motion is a question of urgency, the Clerk shall include the notice of motion in the Agenda at Stage VII as identified in section 6.1 of this by-law.

11.3 Notice - Agenda - consideration - conditions

Notices of motions included in the Agenda at Stage VII, as identified in section 6.1 of this by-law, shall only be considered by the Council when a majority of the members present have given leave for the introduction of such a motion.

11.4 Motions for giving leave - non-amendable - debatable

Motions for giving leave shall put immediately without amendment or debate.

11.5 Motion - seconded before debate - exception

Motions shall be seconded before being debated or put to a vote, except motions to adopt a recommendation from a standing committee.

11.6 Withdrawal - before put - requirement

Every motion shall be deemed to be in the possession of the Council for debate after it is accepted by the Chair, but may, with the permission of the Council, be withdrawn at the joint request of the mover and seconder at any time before the motion is disposed of.

11.7 Motion under debate - other motions permitted

When a motion is under debate, no other motion shall be in order except a motion:

(a)  to adjourn;

(b)  to proceed beyond the hour of 6:00 PM;

(c)  to table;

(d)  to put the question (to close the debate);

(e)  to postpone;

(f)  to refer; or

(g)  to amend.

11.8 Motion to adjourn - qualifications

A motion to adjourn shall:

(a)  not be amended;

(b)   not be debated;

(c)  not include qualifications or additional statements; and

(d)  always be in order, except when a member is speaking or the members are voting or when made in closed session. 

11.9 Motion to adjourn - rejected - procedure

When a motion to adjourn has been decided in the negative, no further motion to adjourn shall be made until after some subsequent proceeding has taken place.

11.10 Adjournment - extension - maximum - permissible

The Council shall always adjourn at 6:00 PM if in session at that hour, unless otherwise decided before that hour by a two-thirds vote of the members present at the meeting.

11.11 Motion to proceed beyond 6:00 PM - qualifications

A motion to proceed beyond the hour of 6:00 PM shall:

(a)  not be amended;

(b)  not be debated; and

(c)  always be in order, except when a member is speaking or the members are voting.

11.12 Motion to table - qualifications

A motion to table shall:

(a)  not be amended;

(b)  not be debated;

(c)  apply to the main motion and any amendments thereto under debate at the time when the motion to table was made; and

(d)  not include qualifications or additional statements.

11.13 Motion to table - accepted - procedure

Notwithstanding the provisions of sections 11.1 and 11.2 of this by-law, if a motion to table is decided in the affirmative by a majority vote of the members present, then the main motion and any amendments thereto shall be removed from the Council's consideration until such time as a notice of motion to lift the matter from the table is filed with the Clerk within the deadline prescribed in section 6.2 of this by-law and is included in the Agenda at Stage X, as identified in section 6.1 of this by-law.

11.14 Motion to put the question - qualifications

A motion to put the question (to close the debate) shall:

(a)  not be amended;

(b)  not be debated;

(c)  not be introduced by a member who has already spoken to the motion or amendment under debate, in accordance with section 9.8 of this by-law;

(d)  apply to the motion or amendment under debate at the time when the motion to put the question is made;

(e)  be permitted at Council, and at committees which are composed of all members of Council;

(f)  be moved using the words "that the question now be put” and the mover and the seconder shall not be permitted to speak to the motion to put the question; and

(g)  not be permitted either when a motion or an amendment on the floor involves the approval of an expenditure by the Council that is $1,000,000.00 or greater.

11.15 Motion to put the question - accepted - procedure

If a motion to put the question is decided in the affirmative by a two-thirds vote of the members present, then the preceding motion or amendment shall be voted on immediately without further debate or comment.

11.16 Motion to postpone - to certain time - qualifications

A motion to postpone a matter to a certain time shall:

(a)  be open to debate;

(b)  be amendable; and

(c)  preclude amendment and debate of the preceding motion, unless the motion to postpone to a certain time is resolved in the negative, in which case the preceding motion shall be open to debate and amendment.

11.17 Motion to refer - qualifications

A motion to refer a matter under consideration to a standing committee, to the Civic Administration or elsewhere shall:

(a)  be open to debate;

(b)  be amendable; and

(c)  preclude amendment or debate of the preceding motion, unless the motion to refer is resolved in the negative, in which case the preceding motion shall be open to debate and amendment.

11.18 Motion to amend - qualifications

A motion to amend shall:

(a)  be open to debate;

(b)  not propose a direct negative to the main motion; and

(c)  be relevant to the main motion.

11.19 Motion to amend - main motion - one at a time

Only one motion to amend the main motion shall be allowed at one time.

11.20 Motion to amend - amendment - one at a time

Only one motion to amend a motion to amend the main motion shall be allowed at one time.

11.21 Zoning by-laws - public notice - considerations

When the Council amends a proposed zoning or rezoning by-law that has been recommended by the relevant standing committee after the holding of a public meeting by the relevant standing committee as required by the Planning Act, the Council shall immediately vote on the question of whether or not any further notice is to be given in respect of the proposed by-law, as amended.

11.22 Public notice - question - amendable - debatable

The question of whether or not any further notice is to be given shall be amendable and debatable.

11.23 Zoning by-law - notice determination - before enacted

The proposed zoning or rezoning by-law, as amended, shall not be introduced and enacted until the question of whether or not any further notice is to be given has been resolved.

12.0 VOTING

12.1 Amendment - to amendment - voted on first

A motion to amend an amendment to a motion shall be voted on first.

12.2 Voting - order

Voting on the main motion and amending motions shall be conducted in the following order:

(a)  a motion to amend a motion to amend the main motion;

(b)  a motion (as amended or not) to amend the main motion; and

(c)  the main motion (as amended or not).

12.3 Propositions - divided - voted on separately

When the motion under consideration contains distinct propositions, upon the request of any member and provided a recorded vote has not been called for, the vote on each proposition shall be taken separately.

12.4 Motion to vote - immediately - after all have spoken

A motion shall be put to a vote by the Chair immediately after all members desiring to speak on the motion have spoken in accordance with section 9.7 of this by-law.

12.5 Speaking - after motion - before vote announced

After a motion is put to a vote by the Chair, no member shall speak on that motion nor shall any other motion be made until after the result of the vote is announced by the Clerk.

12.6 Mandatory vote - all members

Every member present shall vote on every motion unless the member indicates a conflict of interest, in which case the member shall recuse themselves from the vote.

12.7 No vote - deemed negative

Notwithstanding the provisions of section 12.6 of this by-law, every member who is not recused from voting by reason of a declared conflict of interest, shall be deemed to be voting against the motion if they decline or abstain from voting.

12.8 Secret voting - on motion - prohibited

The manner of determining the decision of the Council on a motion shall not be by secret ballot or by any other method of secret voting.

12.9 Putting the question to vote - qualifications

When putting the question to vote, the Chair shall first ask for those in favour of its adoption to raise their hands and then ask for those opposed to its adoption to raise their hands. In the case of electronic voting, the Chair shall ask all members to vote simultaneously whether they are in favour or opposed to its adoption except for those members who have recused themselves, pursuant to section 12.6.

12.10 Result - announced - by Clerk

The Clerk shall announce the result of every vote.

12.11 Result - disagreement - objection immediate - retaken

If a member disagrees with the number of votes for and against a motion as announced by the Chair, they may object immediately to the Chair's declaration and, with the consent of the Council, the vote shall be retaken, unless the vote has been taken electronically, in which case the voted results, recorded by the electronic system shall be deemed final.

12.12 Tie vote - deemed negative

When there is a tie vote on any motion, it shall be deemed to have been decided in the negative.

12.13 Recorded vote - required

A recorded vote shall be taken on all motions where electronic voting is available and when called for by any member or when required by law, in those instances where electronic voting is not available

12.14 Recorded vote - called for - before - after - vote

A member may call for a recorded vote immediately prior to or immediately after the taking of the vote in those instances where electronic voting is not available.

12.15 Recorded vote - names - entered in minutes

When a recorded vote is taken, the names of those who voted for and those who voted against the motion shall be entered in the minutes.

12.16 Electronic Voting – where applicable

Where electronic voting is available, every member present shall vote on every motion unless a member indicates a conflict of interest, in which case the member shall recuse themselves and the result of the vote shall be publicly displayed and included in the record of the meetings, including the recusals.

12.17 Voting - number of members - calculation

In any vote required of the whole Council, the number of members constituting the Council shall be determined by excluding:

(a)  the number of members who are present at the meeting but who are excluded from voting by reason of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50 and

(b)  the number of seats that are vacant on the Council by reason of section 259(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended.

12.18 Voting – simultaneous - rotation – recorded vote

Electronic voting shall be simultaneous. In those instances where a recorded vote is not being taken electronically the taking of the first recorded vote at any Council meeting will begin with the Ward 1 council member and proceed around the Council table in ward order, with the exception of any council member that has been disqualified from voting by reason of a declared conflict of interest or is absent; and thereafter the starting point for the taking of subsequent recorded votes will move to the next eligible member in ward order, provided however, that the Mayor will always be the last person voting when a recorded vote is taken by means other than electronically. In such circumstances where a Deputy Mayor is presiding over a meeting, the Deputy Mayor will vote in ward order.

13.0 RECONSIDERATION - COUNCIL

13.1 Reconsideration – not in order – legally binding commitments

No motion to reconsider a decided matter of Council shall be in order when the original motion has been implemented resulting in a legally binding commitment that is in place on the date that a motion to reconsider is to be debated.

13.2 Reconsideration – decided matter of Council – same meeting

A motion to reconsider a decided matter of Council at the same meeting at which the original motion was decided shall be introduced at Stage XII (Emergent Motions) of the Council Agenda, unless the Chair determines there was a clear misunderstanding of the question that was put, in which case a motion for reconsideration shall be introduced immediately after the original vote was taken.

13.3 Reconsideration – decided matter of Council – subsequent meeting

A motion to reconsider a decided matter of Council at a meeting subsequent to the meeting at which the original motion was decided shall require a notice of motion submitted in accordance with section 6.2 of this by-law, and shall be introduced at Stage VII (Motions of Which Notice is Given) of the Council Agenda, unless the motion to reconsider comes forward to the Council through a report of a standing committee.

13.4 Reconsideration – decided matter of Council – introduction

A motion to reconsider a decided matter of Council must be made by a member who voted with the majority on the original motion.

13.5 Reconsideration – decided matter of Council – only once

No motion to reconsider a decided matter of Council shall be made more than once in the twelve month period from the date the matter was decided, unless a regular election has occurred following the decision.

13.6 Reconsideration – decided matter of Council – 2/3 vote – whole Council

A motion to reconsider a decided matter of Council shall require the approval of at least two-thirds of the whole Council.

13.7 Affirmative vote – original matter – next business

If a motion to reconsider is decided in the affirmative at a meeting, then consideration of the original matter shall become the next order of business.

13.8 Debate – prohibited – statement of reason – permitted

No debate on a motion to reconsider a decided matter shall be permitted; however the mover of a motion to reconsider may provide a brief and concise statement outlining the reasons for proposing such reconsideration.

14.0 DELEGATIONS

14.1 Appearance - before Council - where required by law

No person shall be permitted to appear before the Council except where required by law or where there is a special recognition which has been approved by the Chair.

14.2 City Manager – Deputy City Managers or their designates - address to Council

Notwithstanding the provisions of section 14.1 of this by-law, the City Manager and the Deputy City Managers or their designates shall be permitted to address the Council in accordance with section 9.9 of this by-law.

14.3 City Manager - authority - provided

Notwithstanding the provisions of sections 14.1 and 14.2 of this by-law, the City Manager shall be permitted to address the Council in accordance with the by-law which establishes the position of City Manager.

15.0 COUNCIL – IN CLOSED SESSION

15.1 Chair - Mayor

Whenever a majority of the members present decide that the Council should convene in closed session, the Mayor shall continue to preside and maintain order during the in closed session portion of the Council meeting.

15.2 Chair - where Mayor absent

In the absence of the Mayor, the Deputy Mayor selected by the Mayor shall preside and maintain order during the in closed session portion of the Council meeting.

15.3 Chair – appointed - where Mayor and Deputy Mayor absent

In the absence of the Mayor and the Deputy Mayor, the Acting Mayor shall preside in their absence and maintain order during the in closed session portion of the Council meeting.

15.4 Council – in closed session - matters

The Council shall consider, in closed session, all matters contained in the in closed session reports of the standing committees included in the proceedings of the Council meeting, unless otherwise decided by a majority vote of the Council.

15.5 Meeting - in closed session - decided by majority vote

Any part of a Council meeting may be held in closed session if the Council so decides by a majority vote of the members present to consider matters in accordance with sections 5.2 to 5.4 of this by-law.

15.6 Motion to rise and report - non-debatable

A motion shall be made during the in closed session of Council to rise and report in public session of Council and shall be decided without debate.

15.7 Report - proceedings - immediate

The proceedings of the in closed session portion of a Council meeting, shall be reported by a member other than the Mayor or the member acting on behalf of the Mayor, and a member of the Council shall be selected by the Mayor, or the member acting on behalf of the Mayor, to present the report of the in closed session session of Council in public session of Council.

15.8 Report - recommendations - adopted - confirmed

The report and recommendations of the Council referred to in section 15.7 of this by-law may be adopted and confirmed by the Council in a single motion.

15.9 Request - to vote separately - requirements

A member may request, prior to the adoption of the report and recommendations of the Council referred to in section 15.7 of this by-law, that a recommendation be voted on separately, and such a request shall not require the introduction of a motion.

15.10 Adjournment – 6:00 PM - extension - requirements

No in closed session of Council shall extend beyond 6:00 PM unless otherwise decided before that hour by a two-thirds vote of the members present at the meeting.

15.11 Meeting – In Closed Session – Declared Emergency

Any part of a meeting held in closed session, shall allow for electronic meeting participation by members, during a declared emergency.

15.12 Meeting In Closed Session – Electronic Meeting

Participation Any part of a meeting held in closed session shall allow for electronic meeting participation by members in accordance with Council Policy “Electronic Participation of Council Members at Council and Standing Committee meetings”.

16.0 COMMUNICATIONS - PETITIONS

16.1 Presentation - information - legibly written - signed

Every communication or petition intended for presentation to the Council or to a standing committee shall be legibly written or printed and shall be signed by at least one person giving their address.

16.2 Listed - in Agenda - with similar matters

The Clerk shall list in the Agenda only those communications and petitions which pertain to matters contained in the reports and other communications listed in the Agenda.

16.3 Matters - not pertinent - directed to appropriate area

Every communication or petition which does not pertain to matters in the Agenda shall be directed by the Clerk to the appropriate committee.

16.4 Language - obscene - defamatory - prohibited

Notwithstanding the provisions of sections 16.2 and 16.3 of this by-law, communications or petitions containing obscene or defamatory language shall not be listed in the Agenda or be directed to a standing committee.

16.5 Distribution of Materials – Clerk

No person, other than the Clerk or their designate, shall before or during a meeting of the Council place on the desks of the members, or otherwise distribute, any material whatsoever.

17.0 PUBLIC AT COUNCIL MEETINGS

17.1 Public – Proper Decorum to Be Maintained

At All Times members of the public in attendance at Council meetings shall conduct themselves with proper decorum at all times, in order to ensure a safe and respectful meeting environment.

17.2 Public – Electronic Devices – Silenced

Members of the public in attendance at Council meetings shall ensure that all electronic devices are set to silent mode.

17.3 Public – Disorderly Conduct

Any person who is not conducting themselves in a manner as set out in section 17.1 or 17.2 of this by-law shall be asked by the Chair to do so. If that person continues to conduct themselves in a manner contrary to section 17.1 or section 17.2 of this by-law, then that person shall be removed from the meeting.

17.4 Public – Immediate Removal

Notwithstanding section 17.3 of this by-law, in the event a member of the public is conducting themselves in a manner which poses a threat to the personal safety of themselves or others in attendance at the meeting, they shall be removed from the meeting, without warning.

17.5 Suspension of meeting – order restored

The Chair may unilaterally suspend the meeting until order is restored in the meeting.

17.6 Public – Declared Emergency

The Council Chambers may be restricted from public attendance for a meeting during a declared emergency, when it has been deemed in the public interest to do so. Meetings will continue to be provided to the public using electronic means, where it is possible to do so.

18.0 ENQUIRIES

18.1 Corporation - business - procedure

Enquiries relating to any matter connected with the business of The Corporation of the City of London may be made by members to the Chair or, through them, to another member or to the City Manager or to a Deputy City Manager or their designate, at Stage XI, as identified in section 6.1 of this by-law.

18.2 Argument - opinions - debate - prohibited

When an enquiry is made in accordance with section 18.1 of this by-law, no argument, opinion or facts shall be stated, except so far as may be necessary to explain the enquiry, and no debate shall be permitted with respect to the enquiry.

18.3 Answer - response - debate - prohibited

When a member answers a question in response to an enquiry, they shall not debate the matter to which the enquiry refers.

18.4 Enquiry – direction – leave required

A member who wishes to make a motion as a result of an enquiry must first seek leave in accordance with section 11.4 of this by-law.

19.0 STANDING COMMITTEE REPORTS

19.1 Reports - adopted - confirmed - by motion

The reports of the standing committee meetings may be adopted and confirmed by the Council in a single motion and the passage of such a motion shall be taken to confirm and adopt all of the recommendations contained in the report, except for those recommendations dealt with or voted on separately.

19.2 Recommendation - separate vote - upon request

A member may request, prior to the adoption of a standing committee report, that a specific recommendation be voted on separately due to a declared conflict of interest or a desire to debate the matter, and such a request shall not require the introduction of a motion.

19.3 No majority decision - report without recommendation

When a standing committee is unable to reach a majority decision on any matter, such matters shall be reported to the Council without a recommendation and shall be deemed to be in the possession of the Council for its disposition.

19.4 Chair – standing committee - presentation

The Chair of a standing committee shall present the report of their standing committee to the Council on behalf of their standing committee.

19.5 Chair - absent - presentation - by standing committee member

Notwithstanding the provisions of section 19.4 of this by-law, another member of the respective standing committee may present the report of a standing committee, or part thereof, to the Council in the absence of or at the request of the presenter.

19.6 Support of recommendations - by presentation

When the presenter of a standing committee report does not support one or more recommendations contained therein, then the presenter shall ask a member of the respective standing committee who is supportive of such recommendation(s) to present them to the Council on behalf of the standing committee.

20.0 EMERGENT BUSINESS

20.1 Emergent - congratulatory - condolatory matters

Business that is not part of the Agenda shall not be considered by the Council unless it is of an emergent, congratulatory or condolatory nature.

20.2 Introduction - 2/3 vote - required

Members shall introduce matters described in section 20.1 of this by-law at Stage XII, as identified in section 6.1 of this by-law, but in order for such matters to be introduced two-thirds of the members present shall give leave for the introduction of such matters.

20.3 Motion to introduce - not amendable - debatable

Motions to give leave for the introduction of such matters shall not be amendable or debatable.

21.0 UNFINISHED BUSINESS

21.1 Repeated - until disposed of

Items in the Agenda which have not been disposed of by the Council shall be repeated in each subsequent Agenda until disposed of by the Council.

22.0 ENACTMENT OF BY-LAWS

22.1 Published - distributed - with Agenda

By-laws shall be published with the Agenda for the meeting at which they are to be read.

22.2 Distributed - with Added Communications - motion to introduce - majority vote

Notwithstanding the provisions of section 22.1 of this by-law, a motion to introduce those by-laws arising from Added Reports or, Added Communications shall be decided by a majority vote of the members present prior to such by-laws being read.

22.3 Readings - 3 - required - before enactment

Every by-law shall receive 3 separate readings before being enacted by the Council.

22.4 Readings - 3 - at same meeting - permitted

Unless otherwise provided by law, every by-law may receive all 3 readings at the same meeting.

22.5 First - third readings - motion - no amendment - debate

Motions for the first and third readings of by-laws shall not be amendable or debatable.

22.6 Second reading - amendable - debatable 

Amendments and debate on the content of by-laws shall be in order after a motion for the second reading of the by-laws has been duly made and seconded.

22.7 Second readings - referral to Strategic Priorities and Policy Committee

During the debate on the motion for the second reading of by-laws, by-laws may, by a majority vote of the members present, be referred to the Strategic Priorities and Policy Committee for consideration.

22.8 Strategic Priorities and Policy Committee - report - second reading - motion

When by-laws have been referred to the Strategic Priorities and Policy Committee, the motion for the second reading shall be put to a vote immediately following the adoption of the Strategic Priorities and Policy Committee report.

22.9 Confirming By-law - Proceedings - all matters

The proceedings at every regular and special meeting may be confirmed by one or more by-laws so that every decision of the Council at that meeting and every resolution passed thereat shall have the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted.

22.10 Non-amendable - non-debatable

Notwithstanding the provisions of section 22.6 of this by-law, confirming by-laws shall not be amendable or debatable.

22.11 Signed - seal affixed - dates shown

Every by-law enacted by the Council shall be signed by the Mayor, Deputy Mayor, Acting Mayor or Presiding Officer and the Clerk or Deputized Clerk, sealed with the seal of the Corporation and shall show the dates of the three readings by the Council.

PART 3– STRIKING COMMITTEE

23.1 Striking Committee - meeting - report

In the year of a municipal election, a striking committee shall be appointed by no later than the last regular Council meeting of the outgoing Council to meet to make recommendations for initial citizen appointments to boards and commissions and shall submit its report to the new Council through the Strategic Priorities and Policy Committee.

23.2 Committee Nominees - two or more - voting procedure

In deciding upon its recommendations for citizen appointments to boards and commissions where there are two or more nominees for a particular office, the members of the striking committee shall cast their votes for the nominee(s) of their choice, with the persons receiving the lowest number of votes falling out in succession until the required number of nominees has been selected.

PART 4 – STANDING COMMITTEES

24.0 COMPOSITION – STANDING COMMITTEES

24.1 Standing committees - composition

The following shall be standing committees of the Council, namely:

(a)  the Community and Protective Services Committee, which shall be composed of 5 members of Council;

(b)  the Infrastructure and Corporate Services Committee, which shall be composed of 5 members of Council;

(c)  the Planning and Environment Committee, which shall be composed of 5 members of Council; and,

(d)  the Strategic Priorities and Policy Committee, which shall be composed of all members of Council.

24.2 Appointments - members only

The Council shall appoint only members to the standing committees.

24.3 Service - every member

Every member shall serve on standing committees such that all positions are filled.

24.4 Mayor - member - ex officio - committees

The Mayor shall be an ex officio member of all standing committees of the Council, except for the Strategic Priorities and Policy Committee, where the Mayor shall serve as Chair unless an alternate Chair has been designated by the Mayor in accordance with Part VI.I of the Municipal Act, 2001 and shall, when attending a standing committee meeting in their ex officio capacity, have full voting privileges and be counted for the purposes of the standing committee’s quorum. The Mayor is not however counted for the purposes of the standing committee’s quorum when they are not in attendance at a standing committee meeting..

24.5 Chairs – appointment – mayoral decision

The Chairs of the standing committees shall be appointed by the Mayor in accordance with Part VI.I of the Municipal Act, 2001.

If the Mayor does not appoint the Chairs of standing committees in accordance with Part VI.I of the Municipal Act, 2001, the Chairs shall be appointed by Council upon receipt of the nominations by the Strategic Priorities and Policy Committee.

24.6 Vice Chairs - appointment - mayoral decision

Each standing committee Vice Chair shall be appointed by the Mayor in accordance with Part VI.I of the Municipal Act, 2001.

If the Mayor does not appoint the Vice Chairs of standing committees in accordance with Part VI.I of the Municipal Act, 2001, each standing committee shall appoint a Vice Chair at its initial meeting in each year.

24.7 Chair/Vice Chair – replacement – by mayoral decision - at any time

The Mayor may, at any time, replace the Chair or Vice Chair of a standing committee in accordance with Part VI.I of the Municipal Act, 2001.

25.0 MANDATES – STANDING COMMITTEES

25.1 Community and Protective Services Committee – matters – Schedule ‘A’

The Community and Protective Services Committee shall make recommendations and reports to the Council on those matters outlined in Schedule ‘A’ of this by-law.

25.2 Infrastructure and Corporate Services Committee - matters - Schedule ‘B'

The Corporate Services Committee shall make recommendations and reports to the Council on those matters outlined in Schedule ‘B' of this by-law.

25.3 Planning and Environment Committee - matters - Schedule ‘C'

The Planning and Environment Committee shall make recommendations and reports to the Council on those matters outlined in Schedule ‘C' of this by-law.

25.4 Strategic Priorities and Policy Committee – matters – Schedule ‘D’

The Strategic Priorities and Policy Committee shall make recommendations and reports to the Council on those matters outlined in Schedule ‘D’ of this by-law.

26.0 MEETING SCHEDULE – STANDING COMMITTEES

26.1 Meetings - regulation – exception – holiday

(a)   Regular meetings of the Community and Protective Services Committee shall commence at 1:00 PM on Mondays to be identified in the annual meeting schedule, unless otherwise identified in the annual meeting schedule. The Chair may amend the time of the Committee meeting, when the content of the Agenda warrants a change to be necessary. The date and time may be varied where a holiday falls on a regular meeting date and during July and August.

(b)   Regular meetings of the Infrastructure and Corporate Services Committee shall commence at 1:00 PM on Mondays to be identified in the annual meeting schedule, unless otherwise identified in the annual meeting schedule. The Chair may amend the time of the committee meeting, when the content of the Agenda warrants a change to be necessary. The date and time may be varied where a holiday falls on a regular meeting date and during July and August.

(c)   Regular meetings of the Planning and Environment Committee shall commence at 1:00 PM on Tuesdays to be identified in the annual meeting schedule, unless otherwise identified in the annual meeting schedule. The Chair may amend the time of the Committee meeting, when the content of the Agenda warrants a change to be necessary. The date and time may be varied where a holiday falls on a regular meeting date and during July and August.

(d)   Regular meetings of the Strategic Priorities and Policy Committee shall commence at 1:00 PM on Tuesdays to be identified in the annual meeting schedule, unless otherwise identified in the annual meeting schedule. The Chair may amend the time of the committee meeting, when the content of the Agenda warrants a change to be necessary. The date and time may be varied where a holiday falls on a regular meeting date and during July and August.

26.2 Meetings - special - called by Chair

Special meetings of any standing committee may be called by the standing committee Chair, in consultation with the Clerk, whenever they consider it necessary in order to deal with an emergent matter.

26.3 Meetings - special - called on request

It shall be the duty of the committee Chair, or in the case of their neglect or failure, the duty of the Clerk, to call a special meeting of a standing committee whenever such a special meeting has been requested in writing by a majority of the members of the standing committee.

26.4 Meetings – Declared Emergency

All provisions of Section 5.11, 15.11 and 17.6 shall apply to standing committee meetings during a declared emergency.

26.5 Meetings – Electronic Meeting Participation

All provisions of Sections 5.11 and 15.12 shall apply to standing committee meetings.

27.0 STANDING COMMITTEE AGENDAS AND REPORTS

27.1 Standing Committee Agendas - composition - prepared by Clerk

The Clerk shall prepare Agendas for each of the standing committees of the Council consisting of the following parts:      

Part I  Call to Order      

Part II  Consent Items      

Part III  Scheduled Items      

Part IV  Items for Direction      

Part V  Deferred Matters/Additional Business      

Part VI  Confidential      

Part VII  Adjournment

27.2 Confidential Items – general description by Clerk

The Clerk shall include in the Agendas for each of the standing committees of the Council a description of the general nature of matters to be considered in a closed meeting under Part VI of the Agendas.

27.3 Consent Items - defined

Consent items include but are not necessarily limited to the following types of matters:

(a)  untimed/no delegation or public participation meeting items;

(b)  items where little discussion/debate is anticipated;

(c)  staff report items that contain clear “take action, give approval or receive for information” recommendations;

(d)  Advisory Committee Reports without recommendations; and

(e)  routine matters.

27.4 Consent Items - process to address

All of the items listed in the Consent part of the Agenda of a standing committee may be the subject of one motion and that motion shall be neither debatable nor amendable; provided however, that any member of the standing committee may have any item(s) included in the consent motion to be separated from that motion whereupon the consent motion without the separated item(s) shall be immediately put, and the separated item(s) shall each be considered under Part IV – Items for Direction.

27.5 Items for Direction - defined

Items for direction include all other items of business:

(a) not listed in the consent part of the Agendas of the standing committees, as defined in section 27.3 of this by-law;

(b) items listed under the Scheduled Items; and

(c) items not consented to, as defined in section 27.4 of this by-law.

27.6 Order of business – as specified – exception

The business of each meeting shall be taken up in the order in which it stands in the standing committee Agenda, unless otherwise decided by a majority vote of the standing committee members present.

27.7 Minutes - not kept - report to Council

Minutes of the proceedings of standing committee meetings shall not be kept, but the proceedings shall be recorded in the form of a report and shall be presented to the Council in accordance with section 19 of this by-law.

27.8 Agenda - distribution - deemed notice

The Clerk shall not be required to give notice of regular standing committee meetings but the publishing and distribution of the Agenda for the meeting shall constitute notice thereof.

27.9 Agenda - not received - validity - not affected

Lack of receipt of the Agenda by the standing committee members shall not affect the validity of the standing committee meeting or any action taken thereat.

27.10 Agenda - preparation - deadline

The deadline for material to be included on the Agenda of each standing committee shall be 9:00 AM on the Monday the week prior to the standing committee meeting. In weeks with a holiday Monday, the deadline shall be the first business day at 9:00 AM prior thereto.

27.11 Added Materials – deadline

The deadline for receipt of added materials by the Clerk for addition to a standing committee Agenda shall be 9:00 AM one business day prior to the standing committee meeting.

27.12 Added Materials – qualifications

Communications of an emergent nature and/or those communications and petitions which pertain to matters contained in the reports and other communications listed in the standing committee Agenda, that are legibly written or printed and signed by at least one person giving their address and do not contain obscene or defamatory language shall be added to the standing committee Agenda.

28.0 COMMUNICATIONS – PETITIONS – STANDING COMMITTEES

28.1 Presentation - information - legibly written - signed

Every communication or petition intended for presentation to a standing committee shall:

(a)  related to matters listed in the Agenda for that meeting; and

(b)  be legibly written or printed and signed by at least one person giving their Address.

28.2  Communications – future committee meeting

Notwithstanding section 28.1(a) of this by law, communications submitted for a standing committee meeting where the Agenda is not yet published will not be considered unless otherwise required by council resolution or by-law unless:

(a)  the communication is submitted by another level of government, agency, board, commission, professional organization or professional association; and

(b)  the communication is in compliance with this by-law.

28.3  Communications – petitions – inclusion in Agenda

Communications submitted in response to a petition on a standing committee Agenda will only be included in the Agenda if the petition is governed by Act, Regulation, or by-law.

28.4    Communications – public submissions 

Communications from members of the public submitted in response to an Agenda item that was itself submitted by a member of the public shall not be included in the Agenda but may be noted on the Agenda.

28.5    Matters – directed to appropriate area – Clerk

Every communication or petition submitted in compliance with this by-law shall be directed by the Clerk to the appropriate standing committee in accordance with Schedules “A” to “D” to this by-law.

28.6    Language – obscene – defamatory – prohibited

Notwithstanding the provisions of sections 28.1, 28.2, and 28.3 of this by law, communications or petitions containing obscene or defamatory language shall not be listed in an Agenda of a standing committee or circulated to Council.

28.7    Matters – conform to legislation

All communications and petitions must conform to applicable privacy and copyright legislation in order to be considered for inclusion in an Agenda.

28.8    Distribution of Materials – Clerk

No person, other than the Clerk or their designate, shall before or during a meeting of a standing committee place on the desks of the members, or otherwise distribute, any material whatsoever.

29.0 COMMENCEMENT OF STANDING COMMITTEE MEETINGS

29.1 Chair – to preside – all standing committee meetings

The Chair appointed by the Mayor, or by Council if no mayoral decision has been issued, shall preside at all standing committee meetings..

29.2 Chair – absence

In the absence of the Chair, the Vice Chair appointed by the Mayor, or by the standing committee if no mayoral decision has been issued, shall preside during the standing committee meeting, or until the arrival of the Chair.

29.3 Chair and Vice Chair – absence

In the absence of the Chair and Vice Chair the standing committee members shall elect a member to preside at the standing committee meeting, or until such time as the arrival of the Chair or Vice Chair.

30.0 DISCLOSURES OF PECUNIARY INTEREST

30.1 Pecuniary interest - disclosure - requirements

If a standing committee member has any pecuniary interest, direct or indirect, in any matter in which the standing committee is concerned and if they are present at a meeting at which the said matter is the subject of consideration, then they shall disclose their interest at Stage I, as identified in section 27.1 of this by-law, and they shall recuse themselves and not take part in the consideration or discussion of the said matter nor shall they vote on any motion in regard to the said matter.

30.2 Non-compliance - by standing committee member - validity not affected

The failure of one or more standing members to comply with section 30.1 of this by-law shall not affect the validity of the meeting in regard to the said matter.

30.3 Disclosure - by majority - quorum - requirement

Notwithstanding the provisions of section 30.1 of this by-law, when a majority of the standing committee members has disclosed an interest in accordance with section 30.1 of this by-law and the Municipal Conflict of Interest Act, as may be amended from time to time, the remaining number of standing committee members shall be deemed to constitute a quorum, provided such number is not less than two.

31.0 RULES OF DEBATE AND CONDUCT AT STANDING COMMITTEE MEETINGS

31.1 Order - decorum - maintained - Chair

The Chair shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the meeting, subject to an appeal to the standing committee.

31.2 Chair - speaking on motion - to leave Chair

The Chair may answer questions and comment in a general way without leaving the Chair, but if they wish to make a motion or to speak on a motion taking a definite position and endeavouring to persuade the standing committee to support that position, then they shall first leave the Chair.

31.3 Chair - leaving Chair – standing committee member designated in place

If the Chair desires to leave the Chair for the purpose of taking part in the debate or for any other reason, they shall have the Vice Chair, or in the Vice Chair’s absence, another standing committee member to fill their place until they resumes the Chair.

31.4 Speaking - recognition by Chair - required

Before a standing committee member or member may speak to any matter, theyshall first be recognized by the Chair, but need not rise to speak.

31.5 Speaking - order - determination

When two or more standing committee members indicate simultaneously that they wish to speak, the Chair shall name the standing committee member who is to speak first. Members of Council who are not members of the standing committee shall speak after the standing committee members have spoken.

31.6 Speaking - limitation - subject - maximum 5 minutes

When a standing committee member or member is speaking to a motion, they shall confine their remarks to the motion and in speaking shall be limited to a maximum of 5 minutes, unless otherwise decided by a majority vote of the members present. A standing committee member’s or member’s speaking time shall not include any time required for staff to respond to a member’s question.

31.7 Speaking - once only - exception

A standing committee member or member shall not speak more than once to any motion until every standing committee member who desires to speak has spoken once. A standing committee member’s or member’s reply time shall not include any time required for staff to respond to that member’s question. Members who are not members of the standing committee shall speak after the standing committee members have spoken.

31.8 Speaking - under debate - motion - prohibited

A standing committee member who has already spoken to any motion under debate shall not be permitted to move any motion described in section 33.5 of this by-law, except a motion to proceed beyond the hour of 6:00 PM.

31.9 Motion - under debate - before vote

When a motion is under debate, a standing committee member or member may participate in the debate of a motion, ask a concisely worded question of another standing committee member, member, or appropriate staff, through the Chair prior to the motion being put to a vote by the Chair in accordance with section 34.4 of this by-law.

31.10 Motion - under debate - read - at any time

A standing committee member may require the motion under debate to be read at any time during the debate, but shall not interrupt a standing committee member who is speaking.

31.11 Disruption – standing committee - by member - prohibited

A standing committee member or member shall not disturb the standing committee by any disorderly deportment, including conduct contrary to the Code of Conduct established by the Council.

31.12 Offensive language - insults - prohibited

A standing committee member or member shall not use profane or offensive words or insulting expressions.

31.13 Disobedience - rules - points of order - prohibited

A standing committee member or member shall not disobey the rules of the Council or a decision of the Chair on points of order or on the interpretation of the rules of procedure of the Council.

31.14 Leaving seat - disturbance during vote - prohibited

A standing committee member shall not leave their seat or make any noise or disturbance while a vote is being taken or until the result is declared.

31.15 Speaking - rising and addressing

A standing committee member or member need not rise to speak, after addressing themselves to the Chair.

31.16 Interruption - speakers - exception

A standing committee member shall not interrupt a standing committee member who is speaking, except to raise a point of order or a question of privilege. Members of Council who are not members of the standing committee shall not interrupt a standing committee member who is speaking.

31.17 Leaving meeting - not to return - Chair informed

A standing committee member shall not leave the meeting when they do not intend to return thereto without first advising the Chair.

31.18 Disorderly conduct - member to be removed - question

In the event that a standing committee member or member persists in a breach of the rules prescribed in sections 31.11 to 31.17 inclusive of this by-law, after having been called to order by the Chair, the Chair shall put the question "Shall the member be ordered to leave their seat for the duration of the meeting?" and such question is not debatable.

31.19 Disorderly conduct - member to leave seat

If the standing committee decides the question set out in section 31.18 of this by-law in the affirmative by a majority vote of the standing committee members present, the Chair shall order the standing committee member or member to leave their seat for the duration of the meeting.

31.20 Apology - member to resume seat - by permission

If the standing committee member or member apologizes, the Chair, with the approval of the standing committee, may permit them to resume their seat.

31.21 Failure to leave seat - removal

If a standing committee member or member does not leave their seat after being ordered to do so by the Chair in accordance with section 31.19 of this by-law and if the standing committee member or member does not apologize in accordance with section 31.20 of this by-law, then the Chair shall seek the appropriate assistance from the Sergeant-at-Arms or their designate.

31.22 Meeting in session – entrance to floor – restriction

No person shall be allowed to enter the main floor of the Council Chambers during meetings without the leave of the Chair, except members, employees and servants of the Corporation and those representatives of the media who have appropriate identification to the satisfaction of the Clerk. Delegations shall be required to speak from gallery using the corporate sound system.

31.23 Meeting in session – entrance to floor – exception

Delegations appearing with the consent of the standing committee, and requiring use of corporate visual aid equipment, or any other person invited to enter the floor of the Chambers with the consent of a majority of the members, shall be permitted to enter the floor of the Chambers immediately preceding their delegation and shall be required to leave the floor of the Chambers immediately following their delegation.

32.0 QUESTIONS OF PRIVILEGE/POINTS OF ORDER

32.1 Rights - privileges - integrity - of standing committee members - affected

If a standing committee member believes that their rights, privileges or integrity or those of the standing committee members collectively have been prejudicially affected, they shall ask leave of the Chair to raise a question of privilege which shall take precedence over all other matters, but they shall not be permitted to enter into any argument or introduce any motion related to the question of privilege.

32.2 Civic Administration - integrity questioned - procedure

When a standing committee member considers that the integrity of a member of the Civic Administration has been impugned or questioned, the Chair shall, if they choose to do so, permit the City Manager or a Deputy City Manager or their designate to make a statement to the standing committee.

32.3 Rule of procedure - violation - raised by standing committee member

When a standing committee member desires to call attention to a violation of the rules or practices of procedure, they shall ask leave of the Chair to raise a point of order and after leave is granted, they shall state the point of order to the Chair succinctly and the Chair shall then decide upon the point of order and advise the standing committee members of their decision.

32.4 Appeal - Chair's decision - immediately - required

Unless a standing committee member immediately appeals the Chair's decision to the standing committee, the decision of the Chair shall be final.

32.5 Appeal - decision - question put

If the decision of the Chair is appealed to the standing committee, then the question "Shall the ruling of the Chair be sustained?" shall be put immediately without debate and its result shall be final.

32.6 Call to order - member to sit - speaking - permission

When the Chair calls a standing committee member or member to order, that standing committee member or member shall immediately sit down until the point of order is dealt with and that standing committee member or member shall not speak again to the matter under discussion without the permission of the Chair, unless to appeal the ruling of the Chair.

33.0 MOTIONS – ORDER – PUTTING MOTIONS

33.1 Public hearing - motions - postponed - until all heard

Where members of the public are to be heard on a matter by a standing committee, except for motions on procedural matters, no motion shall be made by a standing committee member until the public has been heard.

33.2 Public participation - prohibited - after motion

No further public participation shall be allowed after a motion has been duly made to close the public participation.

33.3 Motion - seconded before debate - exception

Motions shall be seconded before being debated or put to a vote.

33.4 Withdrawal - before put - requirement

Every motion shall be deemed to be in the possession of the standing committee for debate after it is accepted by the Chair, but may, with the permission of the standing committee, be withdrawn at the joint request of the mover and seconder at any time before the motion is disposed of.

33.5 Motion under debate - other motions permitted

When a motion is under debate, no other motion shall be in order except a motion:

(a)  to adjourn;

(b)  to proceed beyond the hour of 6:00 PM;

(c)  to table;

(d) to put the questions (to close the debate); 

(e)  to postpone;

(f)  to refer; or

(g)  to amend.

33.6 Motion to adjourn - qualifications

A motion to adjourn shall:

(a)  not be amended;

(b)  not be debated;

(c)  not include qualifications or additional statements; and

(d)  always be in order, except when a standing committee member is speaking or the standing committee members are voting or when made in closed session.

33.7 Motion to adjourn - rejected - procedure

When a motion to adjourn has been decided in the negative, no further motion to adjourn shall be made until after some subsequent proceeding has taken place.

33.8 Adjournment - extension - maximum - permissible

The standing committee shall always adjourn at 6:00 PM if in session at that hour, unless otherwise decided before that hour by a two-thirds vote of the standing committee members present at the meeting.

33.9 Motion to proceed beyond 6:00 PM - qualifications

A motion to proceed beyond the hour of 6:00 PM shall:

(a)  not be amended;

(b)  not be debated; and

(c)  always be in order, except when a member is speaking or the members are voting.

33.10 Motion to postpone - to certain time - qualifications

A motion to postpone a matter to a certain time shall:

(a)  be open to debate;

(b)  be amendable; and

(c)  preclude amendment and debate of the preceding motion, unless the motion to postpone to a certain time is resolved in the negative, in which case the preceding motion shall be open to debate and amendment.

33.11 Motion to refer - qualifications

A motion to refer a matter under consideration to a standing committee, to the Civic Administration or elsewhere shall:

(a)  be open to debate;

(b)  be amendable; and

(c)  preclude amendment or debate of the preceding motion, unless the motion to refer is resolved in the negative, in which case the preceding motion shall be open to debate and amendment.

33.12 Motion to amend - qualifications

A motion to amend shall:

(a)  be open to debate;

(b)  not propose a direct negative to the main motion; and

(c)  be relevant to the main motion.

33.13 Motion to amend - main motion - one at a time

Only one motion to amend the main motion shall be allowed at one time.

33.14 Motion to amend - amendment - one at a time

Only one motion to amend a motion to amend the main motion shall be allowed at one time.

33.15  Motion to put the question – qualifications

A motion to put the question (to close the debate) shall:

(a)  not be amended;

(b)  not be debated;

(c)  not be introduced by a member who has already spoken to the motion or amendment under debate, in accordance with section 31.8 of this by-law;

(d)  apply to the motion or amendment under debate at the time when the motion to put the question is made;

(e)  be permitted at Council, and at committees which are composed of all members of Council;

(f)  be moved using the words "that the question now be put" and the mover and the seconder shall not be permitted to speak to the motion to put the question; and

(g)  not be permitted either when a motion or an amendment on the floor involves the approval of an expenditure by the committee that is $1,000,000.00 or greater.

33.16  Motion to put the question – accepted – procedure

If a motion to put the question is decided in the affirmative by a two-thirds vote of the members present, then the preceding motion or amendment shall be voted on immediately without further debate or comment.

33.17 Zoning matters - public notice - considerations

When a standing committee amends a proposed zoning or rezoning by-law after the holding of a public meeting by the standing committee as required by the Planning Act, the standing committee shall immediately vote on the question of whether or not any further notice is to be given in respect of the proposed by-law, as amended.

33.18 Public notice - question - amendable - debatable

The question of whether or not any further notice is to be given shall be amendable and debatable.

33.19 Zoning by-law - notice determination - before enacted

The proposed zoning or rezoning by-law, as amended, shall not be introduced and enacted until the question of whether or not any further notice is to be given has been resolved.

34.0 VOTING

34.1 Amendment - to amendment - voted on first

A motion to amend an amendment to a motion shall be voted on first.

34.2 Voting - order

Voting on the main motion and amending motions shall be conducted in the following order:

(a)  a motion to amend a motion to amend the main motion;

(b)  a motion (as amended or not) to amend the main motion; and

(c)  the main motion (as amended or not).

34.3 Propositions - divided - voted on separately

When the motion under consideration contains distinct propositions, upon the request of any standing committee member and provided a recorded vote has not been called for, the vote on each proposition shall be taken separately.

34.4 Motion to vote - immediately - after all have spoken

A motion shall be put to a vote by the Chair immediately after all standing committee members desiring to speak on the motion have spoken, as well as those members of Council who are not members of the standing committee, but have been recognized to speak, in accordance with section 31.8 of this by-law.

34.5 Speaking - after motion - before vote announced

After a motion is put to a vote by the Chair, no standing committee member shall speak on that motion nor shall any other motion be made until after the result of the vote is announced by the Clerk.

34.6 Mandatory vote - all members

Every standing committee member present shall vote on every motion unless the standing committee member indicates a conflict of interest, in which case the standing committee member shall recuse themselves from the vote.

34.7 No vote - deemed negative

Notwithstanding the provisions of section 34.6 of this by-law, every standing committee member who is not recused from voting by reason of a declared conflict of interest, shall be deemed to be voting against the motion if they decline or abstain from voting.

34.8 Secret voting - on motion - prohibited

The manner of determining the decision of the standing committee on a motion shall not be by secret ballot or by any other method of secret voting.

34.9 Putting the question to vote - qualifications

When putting the question to vote, the Chair shall first ask for those in favour of its adoption to raise their hands and then ask for those opposed to its adoption to raise their hands. In the case of electronic voting, the Chair shall ask all standing committee members to vote simultaneously whether they are in favour or opposed to its adoption except for those standing committee members who have recused themselves, pursuant to section 30.1.

34.10 Result - announced - by Clerk

The Clerk shall announce the result of every vote.

34.11 Result - disagreement - objection immediate - retaken

If a standing committee member disagrees with the number of votes for and against a motion as announced by the Clerk, they may object immediately to the Chair's declaration and, with the consent of the standing committee, the vote shall be retaken, unless the vote has been taken electronically, in which case the voted results, recorded by the electronic system shall be deemed final.

34.12 Tie vote - deemed negative

When there is a tie vote on any motion, it shall be deemed to have been decided in the negative.

34.13 Recorded vote - required

A recorded vote shall be taken on all motions where electronic voting is available and when called for by any standing committee member or when required by law, in those instances where electronic voting is not available

34.14 Recorded vote - called for - before - after - vote

A standing committee member may call for a recorded vote immediately prior to or immediately after the taking of the vote in those instances where electronic voting is not available.

34.15 Recorded vote - names - entered in report

When a recorded vote is taken, the names of those who voted for and those who voted against the motion shall be entered in the report.

34.16 Electronic Voting – where applicable

Where electronic voting is available, every standing committee member present shall vote on every motion unless a standing committee member indicates a conflict of interest, in which case the standing committee member shall recuse themselves and the result of the vote shall be publicly displayed and included in the record of the meetings, including the recusals.

34.17 Voting – simultaneous - rotation – recorded vote

Electronic voting shall be simultaneous. In those instances where a recorded vote is not being taken electronically the taking of the first recorded vote at any standing committee meeting shall begin with the member usually seated the furthest from the Chair, progressing through the standing committee members usually seated next furthest from the Chair, and ending with the Chair, with the exception of any standing committee member that has been disqualified from voting by reason of a declared conflict of interest or is absent; thereafter the starting point for the taking of subsequent recorded votes will move to the next eligible standing committee member in proximity order, provided however, that the Chair will always be the last person voting when a recorded vote is taken by means other than electronically. In such circumstances where another standing committee member is presiding over a meeting, the presiding officer will vote last.

35.0 RECONSIDERATION

35.1 Reconsideration – not in order – legally binding commitments

No motion to recommend reconsideration of a decided matter of Council shall be in order when the original motion has been implemented resulting in a legally binding commitment that is in place on the date that a motion to reconsider is to be debated.

35.2 Reconsideration – decided matter of Council – introduction

A motion to recommend reconsideration of a decided matter of Council must be made by a standing committee member who voted with the majority on the original motion.

35.3 Reconsideration – decided matter of Council – only once

No motion to recommend reconsideration a decided matter of Council shall be made more than once in the twelve month period from the date the matter was decided, unless a regular election has occurred following the decision.

35.4 Reconsideration – decided matter of Council – vote

A motion to recommend reconsideration of a decided matter of Council shall require the approval of at least a majority of the standing committee members.

35.5 Affirmative vote – original matter – next business

If a motion to recommend reconsideration is decided in the affirmative at a standing committee meeting, then consideration of the original matter shall become the next order of business.

35.6 Debate – prohibited – statement of reason – permitted

No debate on a motion to recommend reconsideration of a decided matter shall be permitted; however the mover of a motion to recommend reconsideration may provide a brief and concise statement outlining the reasons for proposing such reconsideration.

35.7 Recommendation – reconsideration

Any recommendation for reconsideration of a decided matter of Council arising from a standing committee shall first include a recommendation for Council to reconsider the decided matter of Council and secondly, the recommended action for Council to take with respect to the matter under reconsideration.

35.8 Reconsideration – same standing committee – any time

A motion to reconsider a decided matter may introduced at any time when it is made at the same standing committee at which the original motion was decided.

35.9 Reconsideration – same standing committee – introduction

A motion to reconsider a decided matter at the same standing committee at which the original motion was decided must be made by a standing committee member who voted with the majority of the original motion.

35.10 Reconsideration – same standing committee – majority vote

A motion to recommend the reconsideration of a decided matter at the same standing committee meeting at which the original motion was decided shall only require the approval of the majority of the standing committee members present at that standing committee.

35.11 Affirmative vote – original matter – same standing committee – next business

If a motion to reconsider a decided matter at the same standing committee meeting is decided in the affirmative at a meeting, then consideration of the original matter shall become the next order of business.

35.12 Debate – prohibited – statement of reason – same standing committee - permitted

No debate on a motion to reconsider a decided matter at the same standing committee meeting shall be permitted; however the mover of a motion to reconsider may provide a brief and concise statement outlining the reasons for proposing such reconsideration.

36.0 DELEGATIONS

36.1    Written request – to Clerk 

Any person desiring to be heard by a standing committee as it relates to a matter(s) listed in the Agenda for that meeting shall submit a written request to the Clerk in accordance with the established submission deadline as set out in sections 27.10 and 27.11 of this by-law.

36.2    Delegations – future committee meeting

Delegation requests for standing committee meetings where the Agenda is not yet published will not be considered unless otherwise required by council resolution or by-law unless:

(a) the request is submitted by another level of government, agency, board, commission, professional organization or professional association; and

(b)  the request is in compliance with this by-law.

36.3    Business – stated – matters – related to

Persons appearing before a standing committee shall confine their remarks to the business stated in their request as it relates to the matter(s) listed in the Agenda for that meeting.

36.4    Delegations – public requests – relevance to Agenda

Delegation requests from members of the public unrelated to matters in the Agenda will not be included in the Agenda for consideration, except as required pursuant to a by-law or other applicable legislation.

36.5    Delegations – public requests – referred to public participation meeting

Delegation requests from members of the public related to items in the Agenda where a Public Participation Meeting is scheduled to be held in the future, will be referred directly to that Public Participation Meeting and will not be included in the Agenda for consideration unless required by by-law or other applicable legislation.

36.6    Speaking – limited – 5 minutes

No delegation shall speak on a matter longer than a 5-minute period, without leave of a majority of the standing committee members present except as otherwise prescribed by applicable legislation.

36.7    Repetition – prevented – hearing declined – exception

In order to avoid repetition and to ensure an opportunity for the expression of different points of view but except as required by law, a standing committee may decline to hear any person who has an identifiable common interest or concern with any other person who has already appeared and spoken at the meeting of the committee.

36.8    Appearance – previous – limitation – new information

Except as required by law, any person appearing before a standing committee who has previously appeared before a standing committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances.

36.9    City Manager – Deputy City Managers or their designates – address

Notwithstanding the provisions of section 36.1 of this by law, the City Manager and the Deputy City Managers or their designates shall be permitted to address a standing committee.

36.10  City Manager – authority – provided

Notwithstanding the provisions of sections 36.1 of this by law, the City Manager shall be permitted to address a standing committee in accordance with the by-law which establishes the position of City Manager.

37.0 PUBLIC AT STANDING COMMITTEE MEETINGS

37.1 Public – Proper Decorum to Be Maintained At All Times

Members of the public in attendance at standing committee meetings shall conduct themselves with proper decorum at all times, in order to ensure a safe and respectful meeting environment.

37.2 Public – Electronic Devices – Silenced

Members of the public in attendance at standing committee meetings shall ensure that all electronic devices are set to silent mode.

37.3 Public – Disorderly Conduct

Any person who is not conducting themselves in a manner as set out in section 37.1 or 37.2 of this by-law shall be asked by the Chair to do so. If that person continues to conduct themselves in a manner contrary to section 37.1 or section 37.2 of this by-law, then that person shall be removed from the meeting.

37.4 Public – Immediate Removal

Notwithstanding section 37.3 of this by-law, in the event a member of the public is conducting themselves in a manner which poses a threat to the personal safety of themselves or others in attendance at the meeting, they shall be removed from the meeting, without warning.

37.5 Suspension of meeting – order restored

The Chair may unilaterally suspend the meeting until order is restored in the meeting.

38.0 STANDING COMMITTEE – IN CLOSED SESSION

38.1 Chair – in closed session - presides

Whenever a majority of the standing committee members present decide that a standing committee should convene in closed session , the Chair shall continue to preside and maintain order during the in closed session portion of the Council meeting.

38.2 Vice Chair – in closed session - where Chair absent

In the absence of the Chair, the Vice Chair shall preside and maintain order during the in closed session portion of the standing committee meeting.

38.3 Chair – appointed – where Chair and Vice Chair absent

In the absence of the Chair and Vice Chair, the standing committee member elected to preside in their absence shall preside and maintain order during the in closed session portion of the standing committee meeting.

38.4 Standing committee – in closed session - matters

The standing committee shall consider, in closed session, all matters contained in the in Confidential Appendix to the Agenda, unless otherwise decided by a majority vote of the standing committee members.

38.5 Meeting - in closed session - decided by majority vote

Any part of a standing committee meeting may be held in closed session if the standing committee so decides by a majority vote of the standing committee members present to consider matters in accordance with sections 5.2, 5.3 and 5.4 of this by-law. 

38.6 Motion to rise and report - non-debatable

A motion shall be made during the in closed session of standing committee to rise and report in public session of the standing committee and shall be decided without debate.

38.7 Report - proceedings - immediate

The proceedings of the in closed session portion of a standing committee meeting, shall be reported by the Vice Chair, or in the absence of the Vice Chair a standing committee member selected by the Chair, to present the report of the in closed session of the standing committee in public session of the standing committee.

38.8 Report - recommendations - adopted - confirmed

The report and recommendations of the standing committee referred to in section 38.7 of this by-law shall be presented to the Council for consideration in a confidential appendix to the report of the standing committee.

38.9 Adjournment – 6:00 PM - extension - requirements

No in closed session of a standing committee shall extend beyond 6:00 PM unless otherwise decided before that hour by a two-thirds vote of the standing committee members present at the meeting.

39.0 DEFERRED MATTERS/ADDITIONAL BUSINESS

39.1 Deferred Matters/Additional Business – defined

Items to be dealt with under deferred matters/additional business shall include those matters contained in the deferred matters list of the standing committee and any other business of an emergent nature that must be dealt with before the next regular meeting of the standing committee.

PART 5 – SPECIAL COMMITTEES

40.1 Appointment - by Council - consideration - report

A special committee may be appointed by the Council or the Mayor in accordance with Part VI.I of the Municipal Act, 2001 to consider and report on a specific subject, project or undertaking..

40.2 Work - completed - committee - dissolved

When a special committee has completed its work and made its report to the Council or the Mayor, the committee shall be deemed to be dissolved unless otherwise provided for in the relevant mayoral decision.