Procedural Bylaw (219-25)

White Sands, Alberta

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Page 1 of 12 SUMMER VILLAGE OF WHITE SANDS PROCEDURAL BYLAW 219-25 A BYLAW TO REGULATE THE PROCEEDINGS OF COUNCIL OF THE SUMMER VILLAGE OF WHITE SANDS AND TO DEFINE CERTAIN DUTIES OF THE COUNCIL. Whereas, Section 145 of the Municipal Government Act, being Chapter M26 of the Revised Statutes of Alberta, 2000 as amended, provides that Council may make rules and regulations for called meetings, governing its proceedings and the conduct of its members; Whereas, the Council of the Summer Village of White Sands, in the Province of Alberta, consider it desirable to adopt a procedural bylaw; NOW THEREFORE the Council of the Summer Village of White Sands hereby enacts as follows: Section 1 - Title This bylaw may be cited as "Procedural Bylaw" Section 2 - Purpose The purpose of this bylaw is to set the structure of Council meetings and provide direction to Council when the need arises to address matters where issues arise and need to be addressed using a formal process. Section 3 - Definitions In this bylaw, unless the context otherwise requires: (a) "Act" refers to the Municipal Government Act being Chapter M26 of the Revised Statutes of Alberta, 2000 as amended, or repealed and replaced; (b) "FOIP" refers to the Freedom of Information and Protection of Privacy Act, chapter F- 25, Division 2 of Part 1, section 16 to 29, as amended or legislation substituted, therefore: (c) "Deputy Mayor" means the Member of Council appointed pursuant to this Bylaw to act as Mayor in the absence or incapacity of the Mayor; (d) "Agenda" means the agenda for a Regular or Special Council Meeting; (e) "CAO" means the Chief Administrative Officer of the Summer Village; (f) "Chairperson or Chair" means the person who presides at a meeting, and , when in attendance ast a Council Meeting, shall mean the Mayor, Deputy Mayor and/or Councillor; (g) "Closed Session (Closed)" means a portion of a Council or Committee meeting is closed to the public, pursuant to the provisions of the Municipal Government Act, also referred to as "in camera"; (h) "Council" means the Mayor, Deputy Mayor and Councillors of the Summer Village (i) "Committee" means a committee, board, commission, authority, or any other public body established by Council pursuant to this bylaw; (j) "Electronic or other Communication Facilities" shall mean the members of Council may attend a council or committee meeting through electronic communications. This can include using a telephone with the use of the speaker, via personal computer, or other means of technology advances; Page 2 of 12 (k) "Electronic Meeting" is a meeting held in two or more places with the participants using electronic means of communication; telephone with speaker capability, personal computer, Ipad, or other means of technology where all meeting's participants and public can watch or hear each other; (l) "Mayor" means the Member of Council duly elected to Council and appointed as Mayor by the Council at large at the annual Organizational Meeting; (m) "Member" means a member of Council, duly elected and continuing to hold office, or a Member of a Committee duly appointed by Council; (n) "Quorum" means the number of Members required for the legal conduct of the business of Council or a Committee; (o) "Recorded Vote" means that prior to a vote on the motion a member has called for the Minutes to record the members present at the meeting and the Minutes to show which members voted for or against the motion or abstained; (p) "Summer Village" means the corporation of the Summer Village of White Sands, in the Province of Alberta and, where the context so requires, means the area included within the boundaries of the Summer Village and its property; (q) "Public Hearing" is a meeting of council which is convened to hear matters pursuant to the Municipal Government Act; (r) "Special Meeting" is a meeting called by the Mayor or CAO pursuant to the Municipal Government Act; (s) "Terms of Reference" means those terms pertinent to the establishment and mandate of a Committee and which are in addition to or beyond the parameters of this Bylaw; Section 4 - Application (a) This Bylaw applies to all meetings of Council and all meetings of Boards and Committees. (b) The precedence of the rules governing the procedure of Council is: (i) Municipal Government Act (ii) Other Provincial Legislation; and (iii) This bylaw Section 5 - Agenda (a) The agenda shall list the items and order of business to be conducted at the meeting. (b) The CAO shall ensure copies of the Agenda are: (i) Available for Councillors not less than three business days before the commencement of the meetings for which they are prepared; and (ii) provided with all reports and supplementary materials (unless they must or may be withheld under the Act or any other stature dealing with access to information) and available on the municipal website to the media and public, but only after they have been provided to the Council Members. (c) All submissions for the agenda of all Public Hearings and Regular Meetings of Council shall be received by the CAO no later than 4:00 pm on the fifth business day on which the meeting is held. Page 3 of 12 (d) Subject to subsection 5(e) of this Bylaw, only material which has been received in accordance with Subsection 5(c) of the Bylaw shall be considered at the meeting for which the Agenda is prepared. (e) Once the Council Agenda has been published, requests to add an item to the Agenda must be approved by the Council. (f) If an emergent matter needs to be brought before Council at any meeting the item shall: (i) Be accompanied by a brief explanation from the CAO/Councillor indicating the reasons for and the degree of urgency of the item; and (ii) Be considered as an addendum to the agenda. Section 6 - Organizational Meetings (a) An organizational meeting of Council shall be held annually, prior to the 31st of August, according to Section 192 of the Municipal Government Act. (b) The CAO shall do the following: set the time and place for the Organizational Meeting, business of the meeting shall be limited to: (i) Call the meeting to order; (ii) Ensure that the official oath as prescribed by the Oaths of Office Act has been administered to every member of council, should the meeting follow the general municipal election or by-election; and (iii) Preside over the meeting until the Mayor has been appointed; (iv) Appointment of Mayor and Deputy Mayor for the following year; (v) The appointments of Members to Committees to which Council is entitled to make. (c) Appointments of Council members to Committees shall be for a term of one year, unless otherwise specified. (d) Review of the Code of conduct for Elected Officials (e) Review of Remuneration Policy (f) Council at its organizational meeting shall appoint members of the various other Commissions, Committees, boards and other bodies which are within Council's jurisdiction. Section 7 - Committees (a) Council may establish Committees as are necessary or advisable by bylaw for the orderly and efficient handling of the affairs of the Village and may set terms of reference for Committees. (b) When set, "The Terms of References for Committees" may be amended by bylaw of Council from time to time, as required. (c) When establishing a Committee, Council may adopt a Terms of Reference for the Committee that: (i) names it: (ii) establishes membership, purpose and authority: (iii) sets the term and/or directs that the committee exists on an on-going basis at the pleasure of Council; and Page 4 of 12 (iv) allocates any necessary budget or other resources. (d) The Council may appoint, by motion, Councilors, employees, Public-at-Large, or other members to Committees in accordance with the approved Terms of Reference within the Committee Bylaw. (e) At its first meeting each year, a Committee shall elect a Chairperson and a Vice Chairperson from among the Members, unless Council designates: (i) The Chairperson of a committee; or (ii) The manner in which the Chairperson shall be selected and the term. (f) A Chairperson of a Committee may be removed from office by a vote of a majority of the members of the Committee. No motion to remove the Chairperson shall be in order unless a Notice of Motion has been given in writing at a regular meeting of the Committee held at least five business days prior to the meeting at which the motion is considered. (g) The Chairperson shall preside at every meeting and shall vote on all questions; in the absence of the Chairperson the Vice-Chairperson shall preside and exercise the same powers, duties and responsibilities that Chair would be entitled to exercise if present. (h) In the absence or inability of both the Chairperson and Vice-Chairperson to preside over a meeting, the members present, if they constitute a quorum, shall elect one of the members present to preside over that meeting. (i) A Committee shall conduct its meetings in public in accordance with the provisions of the MGA and under section 11 "Control and Conduct of Council Meetings" of this bylaw. (j) Committees shall adhere to the following minimum meeting requirements: (i) Committees shall establish, on an annual basis, a schedule of regular meetings; (ii) a regular meeting schedule established under this section must be filed with the CAO a minimum of three (3) clear days prior to the first meeting in the schedule. (iii) the Chairperson may call a meeting of the Committee at any time and must do so if a majority of Committee members request in writing, including a statement of purpose of the meeting. A Special Meeting requested by Committee members must be held within 14 days after the request is received; and (iv) notice of Committee meetings not approved in the established annual schedule, or cancellation of a previously called meeting, must comply with requirements for Public Notice as set out in this Bylaw and be filed with the CAO a minimum of 24 hours prior to the meeting. (k) Minutes shall be prepared for all Committee meetings and must: (i) include all decisions and other proceedings; (ii) include the names of Committee members present at and absent from the meeting; (iii) include any abstentions made under the Municipal Government Act by any member and the reason for abstention; (iv) include the signatures of the Chair and the Recording Secretary; and Page 5 of 12 (v) be retained in a safe manner and be available upon request. A final copy of the minutes must be provided to the CAO within a minimum of three working days after being confirmed by the Committee. (l) When a Committee established by Council is of the opinion that a meeting should be closed to the public, the motion passed to authorize the closed meeting shall include the stated reason and the section of FOIP that applies for holding the closed meeting, and the closed meeting may only be held in accordance with Section 197 of the Act. (m) Meetings of Committees shall be open to members of Council, but only those members specifically named or appointed ex-officio to the Committee shall be entitled to take part in any discussion or debate and vote on any matter before the Committee. (n) No Committee or any member of a Committee has: (i) power to pledge the credit or course of action of the Summer Village or enter into any agreement on behalf of the Committee or Summer Village; (ii) power to authorize any expenditure to be charged against the Summer Village without prior approval by Council; or (iii) authority to act except as established in the Terms of Reference for the Committee. (o) Councilors appointed to a Committee by the Council shall be responsible to keep Council informed as to Committee activities through monthly Councillor Reports (p) A Committee shall provide the Council with an annual summation of Committee activities. (q) The business of Committees shall be conducted in accordance with the rules governing the procedures of Council except for the following: (i) There shall be no limit to the number of times a member may speak to a question; (ii) The Committee's decision shall be that of the majority of the members voting. (r) The Recording Secretary shall not record the names of the members voting; however, an individual member may ask that the minutes record their opposition. Section 8 - Meetings of Council (a) Regular Meetings and Special Meetings of Council shall be conducted in public and held in the Municipal Office, (b) Regular Meetings and Special Meetings of Council will endeavor to be streamed as live video, recorded video will be available on the municipal webpage within 72 hours or as reasonably possible, excluding closed meeting or a portion thereof. (c) Regular meetings shall be scheduled according to the decision made at the annual organizational meeting and may be amended by resolution of council and advertised via the internet on the municipal website and municipal Facebook pages. (d) Every regular meeting of Council shall commence at the specified time advertised and no earlier than when the meeting is called to order. (e) Council may cancel or postpone any meeting by resolution in a meeting held in public with a quorum of Council present. (f) Special Council meetings may be called in accordance with Section 194 of the Act. Page 6 of 12 (g) Attendance is required at all Council meetings. Council members may attend and be counted present via electronic means in instances where they are unable to be physically present. Section 9 - Meetings Through Electronic Communications a) Pursuant to the Act a meeting of Council or Committee may be conducted by means of electronic or other communication facilities if: i. notice is given to the public of the meeting, including the way in which it is to be conducted; ii. the facilities enable the public to watch and/or listen to the meeting at the place specified in the notice and a designated officer is in attendance at that place; and iii. the facilities enable all the meetings' participants to watch and/or hear each other. b) Councillors participating in a meeting held by an electronic or other communication facility are deemed to be present at the meeting. c) A Council member may attend Regular or Special Council meetings by means of electronic communication unlimited times per calendar year, unless otherwise approved by Council. d) A Member of Council may participate in a Council or Committee meeting through electronic or other communication facility if: i. The member is in a location outside of the Summer Village for any reason; ii. The member is in a location within the Summer Village but is unable to attend a meeting for medical reasons for themselves, or an immediate family member; iii. There is quorum of other Members of Council situated in the actual meeting place to ensure the meeting could continue if the communication facility failed or should the meeting go into closed session; iv. The CAO (or designate) is present at the Council meeting; v. If that location is able to support its use, ensuring that all Council members participating in the meeting are able to communicate effectively; and vi. The location is secure, appropriate for Council interaction and public viewing, and free from outside distractions. e) When a Council member attends a Closed session, they will be required to confirm that they have attended the Closed Session alone in keeping with the definition in this Bylaw of a Closed session, by making a Statement declaring that they are alone. f) The meeting Chairperson must be physically present at the meeting, but may Chair the meeting through electronic or other communication facility only in extreme cases (i.e. working away or travelling, snow storm, vehicle or personal issues). g) The Chair shall announce to those in attendance at the Council meeting that a Council member is attending the meeting by means of electronic or other communication facility. Page 7 of 12 h) The Chair has the sole authority to deny the use of the electronic meeting location if in his/her opinion the location is disruptive to the Council meeting, is in his/her opinion not secure, and is in his/her opinion located in any place deemed inappropriate. i) Any public person who wants to utilize electronic means or communication facilities to attend the meeting is posted on the municipal website with the communication facility information and code to access. j) Any Delegation or Council member who wants to utilize electronic means or communication facilities to attend meeting must: i. Notify the Mayor and CAO (or designate), that he or she intends to participate in the meeting through electronic means or communication facility; ii. Provide to the Mayor or CAO the reason that they cannot attend the meeting at the scheduled location; iii. Advise the CAO or their designate of the phone numbers or means by which they will be available throughout the meeting; and iv. Contact the Administration office a half (1/2) hour before the start of the meeting to receive the electronic or other communication facility meeting codes. Section 10 - Order of Business at Meetings (a) Subject to the other provisions of this Section, the order of business for a meeting shall be the order of the items contained in the Agenda. (b) The normal order of business for the Regular Meeting of Council shall be as follows: (1) Call to order (2) Adoption of Agenda (3) Adoption of Previous Minutes (4) Public Hearings (5) Delegations (6) Bylaws and Policies (7) Business (8) Council Reports (9) CAO Reports (10) Financial (11) Correspondence (12) In-Camera (as required) (13) Adjournment (c) When the Council alters or changes the order of business, it shall be done by adoption of the amended agenda or resolution by two-thirds (2/3) vote (d) A member who has a pecuniary interest in a matter before Council, Council Committee or any other body to which the Councillor is appointed as a representative of the Council in accordance with Section 172 of the Act, the Councillor must, if present: (i) disclose the general nature of the pecuniary interest prior to any discussion of the matter, (ii) abstain from voting on any question relating to the matter, (iii)abstain from any discussion of the matter, depending on the related pecuniary interest and definitions under Section 172 of the Act and be noted in the minutes of the pecuniary interest as it relates to the Act. Page 8 of 12 Section 11 - Start of a Council Meeting (a) When there are sufficient members present to form a quorum at the time set for the start of the meeting or as soon thereafter as a quorum is present, the Mayor shall take the chair and call the meeting to order. (b) If there are not sufficient members assembled at any meeting to constitute a quorum within thirty (30) minutes from the time set for the start of the meeting the chair shall consider the meeting cancelled and it will be rescheduled by the CAO. (c) When Council is unable to meet for want of a quorum, the agenda delivered for that meeting shall be considered at the next Regular Meeting prior to the consideration of the agenda for the subsequent meeting or it shall be the agenda for a special meeting called for that purpose. Section 12 - Control and Conduct of Council Meetings (a) Council shall hold its meeting openly and no person shall be excluded except for improper conduct. (b) Council may, by resolution, go in-camera (Closed Session), which: (i) May be held in private, subject to Section 197 of the Municipal Government Act; and (ii) May exclude any persons. (c) Subject to being overruled by a majority vote of members, which vote shall be taken without debate, the Mayor: (i) Shall maintain order and preserve decorum and may, if necessary, call a member to order (ii) Shall decide points of order without debate or comment other than to state the relevant section of the Bylaw (iii) Shall determine which member has a right to speak (iv) Shall ensure that all members who wish to speak on a motion have spoken and that the members are ready to vote and shall call the vote; and (v) Shall rule when a motion is out of order. (d) The Mayor shall have the same rights and be subject to the same restrictions as to participation in debate as all other members. (e) The members of the public during a Council meeting: (i) Shall not address Council without permission; (ii) Shall maintain order and quiet; and (iii) Shall not applaud or otherwise interrupt any speech or action of the members, or any other person addressing Council. (f) The Mayor may at any meeting expel and exclude any person who creates any disturbance or acts improperly. (g) No member shall, subject to the provisions of Section 172 of the Municipal Government Act, leave the Council chamber after a question is put to a vote until the vote is taken. Section 13 - Minutes of Council Page 9 of 12 (a) The CAO or designate shall prepare the minutes of each council meeting and shall distribute a copy to each member of council for the next meeting. (b) The CAO or designate shall present the minutes to Council for adoption. (c) Any member of Council may make a motion requesting that the minutes be amended to correct any inaccuracy or omissions. Section 14 - Tabling or Postponing Motions (a) A matter which has been postponed indefinitely or to a particular date shall not be considered by Council before the date set except on a majority vote by the members present. Section 15 - Motions out of Order (a) It is the duty of the Mayor to determine what motions or amendments are in order, and decline to put any motion before Council which he deems to be clearly out of order or contrary to law. (b) When the Mayor decides a motion is out of order he shall advise Council and shall cite the applicable rule or authority. Section 16 - Voting on Motions (a) When this Bylaw requires that a motion be made, a bylaw be passed or any other action be taken by a vote of: (i) A simple majority of Council, or (ii) All members, the requirements shall be interpreted as meaning such majority, fraction or total of the members who are present on the matter, provided the Municipal Government Act, or some other relevant statute does not specify differently. (b) A question or motion shall be declared defeated when it: (i) Does not receive the required number of votes; or (ii) Receives an equal division of votes. (c) Each member present shall vote on every division of every motion as outlined in Section 183 of the Municipal Government Act, unless that Act, or any other Provincial or Federal enactment, requires or permits the member to abstain, in which case the member shall cite the legislative authority for abstaining, and the CAO shall record the abstention and reasons in the minutes. (d) A member shall not vote on a matter if they are absent from the Council Chamber when the vote is called and the decision is made to take a recorded vote. (e) Any member may ask for a recorded vote. (f) A motion does not need to be seconded. (g) Where a question under consideration contains distinct recommendations or propositions, the vote upon each recommendation or proposition shall be taken separately when any member so requests or when the Mayor or other presiding officer so directs. Section 17 - Reconsidering and Rescinding a Motion (a) When a member wishes Council to reconsider, alter or rescind any motion already passed or action taken at a previous meeting, and when the matter does not appear in the Agenda, he shall bring the matter before Council by a Notice of Motion which shall: (i) Be given at a Regular Meeting preceding the meeting at which they wish Page 10 of 12 Council to reconsider the matter; (ii) Specify the meeting at which he proposes to bring the matter to Council; and (iii) Indicate in the substantive portion of the motion the action which he proposes that Council take on the matter. (b) If notice of motion was not given, Council may, on a majority vote waive the requirement for notice contained in this section. (c) Notwithstanding the other provisions of this Section, no motion made or action taken by Council shall be reconsidered unless: (i) It is a motion made or an action taken at the same meeting; or (ii) It is a motion made or an action taken at a meeting held six (6) months or more before its reconsideration; or (iii) Council by not less than a vote of majority approves reconsideration of a motion made or an action taken less than six (6) months before its reconsideration. (d) A member may move to reconsider a matter considered at the same meeting and if a majority of the members vote for reconsideration, the matter may again be dealt with at the same meeting. Section 18 - Presiding Officer Rules (a) In all cases not provided for in the proceedings of Council or in Committee, the decision of the Mayor or other presiding officer shall be final and accepted without debate. Section 19 - Motion to Move In-Camera (a) Council may upon the passing of a motion, move in-camera to discuss any matter. (b) The rules of order for the conduct of a meeting of Council shall apply to a meeting in- camera (c) When Council is of the opinion that a meeting of Council is to be held in-camera, the motion which is passed to authorize the in-camera meeting shall include the reason for holding the meeting in-camera, and the meeting may only be held in-camera in accordance with Section 197(2) of the Municipal Government Act. Section 20 - Motions in Council (a) The Recording Secretary shall read the motions as presented. (b) Motions are debatable by Council. (c) Unless Council by a majority vote extends the time, no member shall speak longer than five (5) minutes on any original motion. (d) When a motion has been made and is being considered, no member may make any other motion except to: (i) Amend the motion; or (ii) Table or postpone the motion. (e) When a member feels he has been misquoted or misunderstood, he may, after receiving permission from the Mayor, explain a material part of his speech but he may not introduce any new matter and there shall be no debate on the explanation; Page 11 of 12 (f) When the motion has been declared put, no member shall debate further on the motion or speak, except to request that the motion be read aloud. Section 21 - Bylaws (a) Every bylaw shall have three readings. (b) Every proposed bylaw should be introduced on a motion specifying in general terms its intent. When a proposed bylaw is read in Council, the CAO shall certify the reading and the date of the reading on the face thereof. (c) A bylaw appearing upon a Council Agenda when listed as ready for first reading shall be introduced by a member "that Bylaw no. (quoting the bylaw number) be read over a first time." After first reading, the bylaw may be debated, referred or laid over. If a bylaw fails to receive first reading, then it may be struck from the Agenda. (d) A bylaw shall receive second reading by a member making a motion "that Bylaw No. (quoting the bylaw number) now be read a second time." The bylaw shall then be open to debate and amendment before it is ordered for a third reading. (e) Every bylaw shall be read a third time before it is signed by the Mayor or Deputy Mayor. (f) Unless the members present at a meeting unanimously agree that a bylaw may be presented to Council for a third reading at the same meeting at which is has received two readings, the bylaw shall not be given more than two readings at one meeting. (g) If council unanimously agrees that a bylaw may be presented for a third reading at a meeting at which it has received two readings, the third reading requires no greater a majority of affirmative votes to pass the bylaw than if it has received a third reading at a subsequent meeting. (h) Every bylaw of general application shall be printed or otherwise duplicated so as to be available to all interested parties; other bylaws shall be recorded and filed as well as amendments thereto, and the CAO shall retain the original of every bylaw on file and properly record any amendments thereto, and the CAO shall retain them when a bylaw has been read a third time and finally passed. (i) Every bylaw which has passed Council shall immediately after being sealed with the seal of the Corporation, signed by the Mayor and CAO, be securely held by the CAO. Section 22 - Persons Wishing to Address Council as a Delegation (a) A member of the public or a group of people may request to be included on an agenda as a delegation. The request must be: (i) In writing; (ii) Clearly indicate the topic; (iii) Include a summary of information that will be presented to Council; (iv) Not exceed five pages; (v) Complete name of the presenter(s) and contact information (mailing address, email, telephone) and the organization they are representing (if applicable); (vi) Be submitted to the CAO no later than 4:00 pm on the fifth business day before the date of the scheduled meeting is being held, with the CAO having discretion to bring forward items submitted late that may be of an emergent nature. (b) Delegations are scheduled at the discretion of the CAO (or designate), subject to: (i) The volume of material on any given Agenda; Page 12 of 12 (ii) The number of requests for specific meeting date and urgency of request; and (iii)Subject matter. (c) No person representing an individual shall address the Council for more than (10) minutes, exclusive of the time required to answer questions put to him/her by a Council Member, unless granted a time extension by resolution of Council. (d) Delegations consisting of more than one individual will appoint a spokesperson that will be responsible for presenting the points of view or position for the group and shall address the council for more than (10) minutes, exclusive of the time required to answer questions put to him/her by a Council Member, unless granted a time extension by resolution of Council. (e) Information presented by the Delegation will be restricted to the topic noted in the written submission and recorded on the meeting agenda, Any materials provided will be made available to the public in the agenda package subject to the provisions of FOIP. (f) Delegations requesting a reappearance on a matter concerning a topic on which they have previously presented or spoken will not be permitted unless there is significant new information to be brought forward. (g) Council shall refer to Administration for review, report and recommendation to Council at a future meeting date but may at their discretion debate concerning matters raised on any requests made by delegations of an emergent nature. Section 23 - Severability (a) If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid portion must be severed, and the remainder of the Bylaw is deemed valid. Section 24 - Coming into Force This Bylaw shall come into force and effect upon final passing thereof and upon coming into effect Bylaw 200-23 is repealed. Read a first time this 15 day of December 2025. Read a second time this 15 day of December 2025. Unanimously consent to proceed to third reading this 15 day of December 2025. Read a third time and passed this 15 day of December 2025. Summer Village of White Sands ______________________________ Mayor ______________________________ Chief Administrative Officer Original Signed Original Signed