Council Procedure Bylaw

Pemberton, British Columbia

This is the exact embedded text of the captured official document. Snapshot 2bf4652da788 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

VILLAGE OF PEMBERTON COUNCIL PROCEDURE BYLAW NO. 993, 2025 Adopted July 15, 2025 Office Consolidation: February 25, 2026 This document is an office consolidation of the Village of Pemberton Council Procedure Bylaw No. 993, 2025 adopted July 15, 2025, and subsequent amendments adopted by Village Council. This consolidation has no council sanction. Amendments have been incorporated for convenience. For all purposes of interpretation and application the original bylaws should be consulted. The Village of Pemberton will, in no event, be liable or responsible for damages of any kind arising out of the use of this consolidation. This is not the official version of the Village of Pemberton Council Procedure Bylaw No. 993, 2025, nor is it admissible in a court of law. For such purposes, official certified copies can be obtained from the Village office or by contacting us at: [email protected]. BYLAW NO. SECTION DESCRIPTION ADOPTED 1004, 2026 Section 16(1) New section 20.1 Replace section 16(1) Insert new Section 20.1 Funding Requests February 10, 2026 Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 2 of 29 VILLAGE OF PEMBERTON BYLAW NO. 993, 2025 A bylaw to regulate meetings of the Council of the Village of Pemberton and its Committees Contents PART 1 - INTERPRETATION ..................................................................................................................... 4 1. Citation ..................................................................................................................................................... 4 2. Definitions ................................................................................................................................................ 4 3. Interpretation .......................................................................................................................................... 5 4. Severability ............................................................................................................................................ 5 5. Purpose.................................................................................................................................................... 5 6. Application ............................................................................................................................................... 6 PART 2 - COUNCIL MEETINGS ............................................................................................................... 6 7. Inaugural Meeting................................................................................................................................... 6 8. Schedule of Regular Council Meetings ............................................................................................... 6 9. Times and Locations of Council Meetings .......................................................................................... 6 10. Notice of Council Meetings ................................................................................................................. 7 11. Electronic Meetings and Electronic Participation at Meetings ...................................................... 8 12. Absence from Council Meetings ........................................................................................................ 9 13. Meeting Proceedings ........................................................................................................................... 9 14. Call to Order ....................................................................................................................................... 10 15. Duties of the Chair ............................................................................................................................. 11 16. Order of Business (Amendment Bylaw No. 1004, 2026) ......................................................................... 11 17. Late Addition of Agenda Items ......................................................................................................... 13 18. Agenda ................................................................................................................................................ 13 19. Notice of Motion ................................................................................................................................. 14 20. Petitions and Correspondence (Amendment Bylaw No. 1004, 2026) .................................................. 14 21. Delegations ......................................................................................................................................... 17 22. Voting at Meetings ............................................................................................................................. 18 23. Points of Order ................................................................................................................................... 19 24. Conduct at a Meeting ........................................................................................................................ 19 25. Improper Conduct .............................................................................................................................. 20 26. Motions ................................................................................................................................................ 21 28. Reconsideration by Mayor ................................................................................................................ 23 Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 3 of 29 29. Reconsideration by a Council Member........................................................................................... 23 PART 3 - BYLAWS ................................................................................................................................... 20 30. Readings and Adoption of Bylaws ................................................................................................... 20 PAR7 4 - DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR......................................... 25 PART 5 - COMMITTEE OF THE WHOLE.............................................................................................. 26 Meeting Proceedings ............................................................................................................................... 26 PART 6 - COMMITTEES ......................................................................................................................... 27 33. Procedures of Committees of Council ............................................................................................ 27 PART 7 - COMMISSIONS....................................................................................................................... 29 PART 8 - REPEAL ..................................................................................................................................... 29 Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 4 of 29 VILLAGE OF PEMBERTON BYLAW NO. 993, 2025 A bylaw to regulate meetings of the Council of the Village of Pemberton and its Committees The Council of the Village of Pemberton, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 - INTERPRETATION 1. Citation 1. This bylaw may be cited for all purposes as the "Village of Pemberton Council Procedure Bylaw No. 993, 2025". 2. Definitions 2. In this bylaw: (a) Chair means the mayor, acting mayor, or other member who is chairing a meeting; (b) Chief administrative officer means the chief administrative officer for the Village of Pemberton. (c) Commission means a municipal commission established under s. 143 of the Community Charter; (d) Committee of the whole means a committee comprised of all members of the Village of Pemberton council to consider and recommend to the council on matters of the Village's business. (e) Corporate officer means the municipal officer assigned this responsibility under section 148 of the Community Charter; (f) Council means the Council of the Village of Pemberton (g) Council Chambers means the regular meeting places of Council at 7400 Prospect Street (h) Councillor means a member of council other than the mayor; (i) Electronic meeting means a meeting where all attendees participate electronically; (j) Mayor means the Mayor of the Village of Pemberton; Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 5 of 29 (k) Member in the case of council means the mayor or a councillor and, in the case of a committee, means a person appointed as a member of that committee; (l) Municipality means the Village of Pemberton; and (m) Public notice posting places means the external bulletin boards at the public entrance to Municipal Hall, and at the Canada Post Office located at 3-7431 Prospect Street, Pemberton, BC V0N 2L0 (n) Special council meeting means a meeting of the council other than a regular or inaugural Meeting. (o) Swearing in ceremony means the event at which the newly elected members of council take the oath of office. (p) Village means the Village of Pemberton; (q) Village Office means the premises located at 7400 Prospect Street, Pemberton, B.C.; (r) Village website means the information resource found at an internet address provided by the Village. 3. Interpretation 3 (1) The Interpretation Act applies to this bylaw. (2) In this bylaw, a reference to an Act refers to a statute of British Columbia and a reference to any statute, regulation or other enactment refers to that enactment as amended or replaced from time to time. (3) A reference to a person who holds an office includes a person appointed to act for that person from time to time. (4) The table of contents is for convenience of reference only and is not for interpretation or enforcement of this bylaw. 4. Severability 4. If any definition, section, subsection, paragraph, subparagraph, clause or phrase in this bylaw is held invalid by a court of competent jurisdiction, the invalid definition, section, subsection, paragraph, subparagraph, clause or phrase must be severed, and the remainder of this bylaw is deemed to have been adopted without the severed definition, section, subsection, paragraph, subparagraph, clause or phrase. 5. Purpose 5. The purpose of this bylaw is to establish regulations for the conduct of meetings of the Council of the Village of Pemberton and its committees. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 6 of 29 6. Application 6 (1) The provisions of this bylaw govern the proceedings of council, and all standing, select committees and commissions of council, as applicable. (2) The failure of Council to observe the provisions of this Bylaw does not affect the validity of resolutions passed or bylaws enacted by Council. (3) In cases not provided for under this bylaw, the then most current edition of Robert's Rules of Order applies to the proceedings of council, committees and commissions to the extent that those rules are: (a) applicable in the circumstances, and (b) consistent with provisions of this bylaw or the Community Charter. PART 2 - COUNCIL MEETINGS 7. Inaugural Meeting 7 (1) Following a general local election, an inaugural meeting must be held on the first Tuesday in November. (2) If a quorum of members elected at the general local election has not taken office by the date of the meeting referred to in subsection (1), the inaugural meeting must be called by the corporate officer and held as soon as reasonably possible after a quorum has taken office. 8. Schedule of Regular Council Meetings 8 (1) In accordance with section 127 of the Community Charter, council must prepare annually on or before December 31 each year, a schedule of the dates, times and places of regular council meetings for the following year, and must make the schedule available to the public by posting it at the public notice posting places. (2) In accordance with section 127 of the Community Charter, council must give notice annually on or before January 1 of the time and duration that the schedule of regular council meetings will be available beginning on that date in accordance with section 94 of the Community Charter. (3) If revisions are necessary to the annual schedule of the regular council meetings, the Corporate Officer must, as soon as possible, post a notice at the Public Notice Posting Places and publish in the newspaper to indicate any revisions to the date, time, duration and place of, or cancellation of, a regular council meeting. 9. Times and Locations of Council Meetings 9 (1) Regular meetings of council will: (a) be held on Tuesdays, with dates and times established by council resolution before December 15th of each year for meetings of the Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 7 of 29 subsequent year; (b) be held in Council Chambers unless otherwise resolved by council; (c) be adjourned no later than three (3) hours after being called to order unless council resolves to proceed beyond that time; (d) notwithstanding 8 (1) (a), there shall not be a meeting during the month of August unless council otherwise resolves. (2) Regular council meetings may: (a) be cancelled or postponed to a different day, time and place by council by resolution, provided that two consecutive meetings are not cancelled; and (b) be postponed to a different day, time and place by the mayor, provided the corporate officer is given at least two (2) days' written notice. (3) Closed council meetings may be held on the same day as a regular council meeting. (4) Special council meetings may: (a) be called by council at a regular meeting of council; (b) be called by the mayor at his or her discretion at any time; (c) be requested by two or more councillors, in writing to the mayor, chief administrative officer and corporate officer. (d) If the mayor or acting mayor is absent or unable to act, or for any reason neither has arranged within twenty-four (24) hours after receiving a request under this section, then two (2) or more councillors may themselves call a special meeting to be held within the next seven (7) days. 10. Notice of Council Meetings Notice of Regular Council Meetings 10 (1) The corporate officer must post notice at the public notice posting places at least three days before the date of the regular council meeting. (2) If the agenda for the meeting contains a proposed resolution to close all or part of the meeting to the public, the notice must state the basis under the Community Charter on which all or part of the meeting is to be closed, but the notice must not otherwise describe the matter in respect of which all or part of the meeting is to be closed. Notice of Special Council Meetings (3) Except where notice of a special meeting is waived by unanimous vote of all members under section 127(4) of the Community Charter, a notice of the date, hour, Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 8 of 29 and place of a special council meeting must be given at least twenty-four (24) hours before the time of meeting, by: (a) posting a copy of the notice at the public notice posting places, (b) delivering a copy of the notice to each member. (4) The notice under (3) must describe in general terms the purpose of the meeting and be signed by the mayor or the corporate officer. (5) Notice of any meeting called under section 7 (4 )(d) will be signed by the members calling the meeting or by the corporate officer. Notice of Annual Meeting (6) The corporate officer must give notice of the council meeting or other public meeting in respect of which council has resolved to consider: (a) the annual report prepared under section 98 of the Community Charter; and (b) submissions and questions from the public; by giving public notice by: (a) posting notice of the date, time and place of the annual meeting at the public notice posting places; and (b) publishing notice in the newspaper in accordance with section 94 of the Community Charter. 11. Electronic Meetings and Electronic Participation at Meetings 11 (1) A regular or special council meeting or other council committee meeting may be conducted by electronic means. (2) Electronic meetings will follow the rules established by the Community Charter and council policies pertaining to electronic meetings. (3) Advance public notice of electronic meetings that are open to the public will be posted in the public notice posting places according to the procedures established in this bylaw for giving notice, and will include: (a) the way in which the electronic meeting will be conducted, and (b) the place where the public may attend to hear, or watch and hear, the proceedings. (4) Provided that all conditions set out in section 128.3 of the Community Charter are met, a member of council who is unable to attend a council or committee meeting in person may participate in the meeting by means of electronic or other Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 9 of 29 communications facilities. (5) Members participating in a meeting under this section are deemed to be present at the meeting; 12. Absence from Council Meetings 12 (1) In accordance with section 125 of the Community Charter, a council member is disqualified from holding office until the next general local election, if a member is absent from council meetings for: (a) a period of 60 consecutive days; or (b) four consecutive regularly scheduled council meetings; whichever is the longer time period, except if the absence is due to illness or injury or with the leave of the council. 13. Meeting Proceedings Attendance of Public at Meetings 13 (1) Except where the provisions of section 90 of the Community Charter [meetings that may or must be closed to the public] apply, all Council meetings must be open to the public. (2) Before closing a Council meeting or part of a council meeting to the public, council must pass a resolution in a public meeting in accordance with section 92 of the Community Charter [requirements before council meeting is closed]. (3) This section applies to all meetings of the bodies referred to in section 93 of the Community Charter, including without limitation: (a) Committee of the Whole (b) Standing and Select Committees, (c) Parcel Tax Review Panel, (d) Board of Variance, (e) Advisory bodies established by council. (4) Despite 13 (1), the mayor or the councillor designated to act in the place of the mayor may expel or exclude from a meeting a person in accordance with section 14. Minutes of Meetings (5) Minutes of the proceedings of council and its committees and commissions must be: (a) legibly recorded, Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 10 of 29 (b) certified as correct by the Corporate Officer or designate, and (c) signed by the mayor or other member presiding after adoption of the minutes. (6) Minutes of the proceedings of council and its committees and commissions shall record: (a) the place, date and time of meeting; (b) the names of the presiding member or members and record of the attendance of members; and (c) motions of the meeting without note or comment. (7) With exception to the reports of the chief administrative officer, mayor, and councillors, and subject to (8), only the motions and actions of council will be recorded. (8) The corporate officer may choose to record summaries of discussion, comments or questions, except for discussion that occurs during the sections public input period or public question period, which shall reflect only the name of the speaker and the topic of their submission. (9) In accordance with section 97(1) (b) of the Community Charter, minutes of the proceedings of council must be open for public inspection at the Village Office during its regular office hours. (10) Section 13 (8) does not apply to minutes of a meeting or that part of a meeting from which persons were excluded under section 90 of the Community Charter. Disclosure of Closed Meeting Decisions (11) At a regular meeting of council after a closed meeting, the mayor shall announce the decisions made in the closed meeting that council has determined by resolution are no longer confidential matters, and this disclosure will include which members declared conflict in a closed matter when brought forward to the public. (12) At least annually the corporate officer shall bring to the attention of the council those items that were dealt with in a closed meeting and have not been released for public information, and council shall then determine by resolution which items are no longer confidential matters and announce the decisions at a regular meeting of council. 14. Call to Order 14 (1) As soon after the time specified for a council meeting as there is a quorum present, the mayor, if present, must take the chair and call the council meeting to order. (2) If the mayor is absent, the councillor designated as the councillor responsible for Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 11 of 29 acting in the place of the mayor must take the chair and call such meeting to order. (3) If a quorum of council is present but the mayor or the councillor designated as the member responsible for acting in the place of the mayor do not attend within twenty (20) minutes of the scheduled time for a council meeting: (a) the corporate officer must call to order the members present, and (b) the councillors present must choose a councillor to preside at the meeting. (4) If the mayor arrives after commencement of a meeting, they will preside upon arrival. (5) If there is no quorum of council present within twenty (20) minutes of the scheduled time for a council meeting, the corporate officer: (a) record the names of the members present and those absent, and (b) adjourn the meeting until the next scheduled meeting. 15. Duties of the Chair 15 (1) The chair must: (a) preserve order and decide points of order that may arise in accordance with the Community Charter; (b) announce the business before council in the order in which it is to be acted on; (c) receive and submit, in proper manner, all motions presented by members; (d) decline to put to vote motions which infringe on the rules of procedure; (e) inform the council, when necessary or when referred to for the purpose, on a point of order or usage; (f) ensure that the decisions of council are in conformity with the laws and bylaws governing the activities of the council; (g) close the meeting when the business is concluded; and (h) terminate the meeting without question put in the case of grave disorder arising in Council Chambers. 16. Order of Business (Amendment Bylaw No. 1004, 2026) 16 (1) Unless the council otherwise resolves, the agenda for all regular council meetings will contain the following matters: a) Call to order Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 12 of 29 b) Approval of Agenda c) Rise with Report from Closed Meeting, if applicable d) Public Input Period e) Approval of Minutes f) Business Arising from the Committee of the Whole g) Committee Minutes h) Delegations i) Funding Requests j) Reports k) Bylaws (i) Bylaws for first and second readings (ii) Bylaws for first, second, and third readings (iii) Bylaws for third reading (iv) Bylaws for adoption l) Mayor's report m) Councillors' Reports n) Correspondence (i) Correspondence for action (ii) Correspondence for information Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 13 of 29 o) Other Business p) Notice of Motion q) Open Question Period r) Termination (2) When preparing the agenda prior to the meeting, the mayor and corporate officer may, in their discretion: (a) vary the order set out in (1); and (b) delete agenda headings if there is no business under those headings. 17. Late Addition of Agenda Items 17 (1) The mayor will, at the time the council considers approval of the posted agenda, query whether any councillor wishes to add an item of business to the agenda. (2) A member may request to add an item to the agenda at the time the council considers approval of the posted agenda. (3) The member must, when making the request, inform the council of the general nature of the business and the reason for urgent consideration. (4) The mayor must immediately call a vote on the request, which must be granted if a majority of the members present vote in the affirmative. (5) If the request is approved the item of business must be placed on the agenda under Other Business, at which time the member must present any supporting information on which the member intends to rely. (6) In the case of a meeting or portion of a meeting from which the public is excluded, (3) through (8) apply after the council has passed the resolution under section 92 of the Community Charter [Requirements before meeting is closed]. (7) An additional agenda item may only be added to the agenda of a special council meeting if all members in attendance unanimously agree to the addition of the agenda item. 18. Agenda 18 (1) The corporate officer and the chief administrative officer, in consultation with the mayor, shall prepare an agenda setting out all the items for consideration at that Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 14 of 29 meeting. (2) At least three days before the day of the meeting, the corporate officer shall give public notice of the time, place and date of the meeting by: (a) providing a copy of the agenda to each member; and (b) ensuring copies of the agenda are available to the public in the reception area of the Village Office. (3) Council must not consider any matters not listed on the agenda unless a new matter for consideration is properly introduced as an item pursuant to section 18. 19. Notice of Motion 19 (1) Any member may give a notice of motion respecting an item which they intend to present by giving a copy of such motion to the corporate officer during a meeting of council. (2) Upon the member being acknowledged by the chair and the notice of motion being read to the meeting, such motion shall appear in the minutes of that meeting as a notice of motion and must be placed on the agenda of the next regular council meeting or other future meeting designated by the member bringing forward the notice of motion for consideration. 20. Petitions and Correspondence (1) Petitions and correspondence presented to council must: (a) Be addressed to Mayor and Council; (b) contain the author's name and city of residence; (c) be legibly written or printed; (d) be sent by email to the corporate e-mail inbox, submitted through the online form for such purpose, or by letter addressed care of the corporate officer and sent to the municipality mailing address; (e) be received by the corporate officer by: (i) 12:00pm on the Wednesday prior to each council meeting or public hearing; (ii) 8:00am on the day of a regular council meeting as late correspondence, if it pertains to an item on that meeting's agenda; or (iii) 8:00am. on the day of the scheduled public hearing as late correspondence. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 15 of 29 (2) Communication presented to council must not contain unsolicited information including advertising or serve as an advertisement for products and services. 20.1. Funding Requests (Amendment Bylaw No. 1004, 2026) 20.1 (1) Any person, persons, organization, non-profit organizations, community groups, and societies submitting a funding request presented to council must provide the following: a) Be addressed to Mayor and Council; b) contain the author' s name and city of residence; c) be eligibly written or printed; d) be sent by email to the corporate e-mail inbox, submitted through the online form for such purpose, or by letter addressed care of the corporate officer and sent to the municipality mailing address; e) be received by the corporate officer by 12:00pm on the Wednesday prior to each council meeting. (2) Any person, persons, organization, non-profit organizations, community groups, and societies submitting a funding request and desiring to present to council at a regular council meeting must submit a written request to the corporate officer, who will schedule the funding request presentation on a regular council meeting agenda in accordance with this bylaw. (3) Any funding request presentation must provide the following: a) Names and contact information of the person(s) comprising the presentation; and, b) all presentation materials by 12:00pm on the Wednesday prior to each council meeting. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 16 of 29 (4) The corporate officer will schedule the funding request on a first come, first served basis subject to direction from the chief administrative officer where a funding request appearance is deemed to be a priority. (5) The corporate officer may seek direction from the chief administrative officer if a funding request appears to be suspect, will address an offensive subject, or is vexatious. (6) The chief administrative officer may reject a funding request application. (7) The corporate officer will include information on the nature of the funding request and the names of presenters on the meeting agenda. (8) The corporate officer will advise the requester of the meeting date at which the funding request may appear. (9) The maximum time permitted for any funding request presentation is ten minutes, except that upon the consent of council, a presentation may be permitted a longer time. (10) Where written funding request application and presentation has not been received by the corporate officer as prescribed in section 20.1 (1) and 20.1 (2), and individual or delegation may address the meeting if approved by the majority vote of the members present. (11) Following a funding request presentation council may: a) Support the funding request as presented, b) support the funding request with conditions, c) offer an amount of funding less than or more than the requested amount, d) refer the request to staff for review and funding options if not available within the current budget, Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 17 of 29 e) request additional information before deciding, or f) deny the funding request. 21. Delegations 21 (1) Any person, persons or organization desiring to present to council at a regular council meeting must submit a written request to the corporate officer who will schedule delegations on a regular council meeting agenda in accordance with this bylaw. (2) Delegation requests must provide the following: (a) a cover letter addressed to the corporate officer or a completed delegation request form with a detailed synopsis of the presentation; (b) names and contact information of the person(s) comprising the delegation; and (c) all presentation materials. (3) The corporate officer will schedule delegations on a first come, first served basis subject to direction from the chief administrative officer where a delegation appearance is deemed to be a priority. (4) The corporate officer may seek direction from the chief administrative officer if a delegation application appears to be suspect, will address an offensive subject, or is vexatious. (5) The chief administrative officer may reject a delegation application. (6) The corporate officer will include information on the nature of the delegation and the names of presenters on the meeting agenda. (7) The corporate officer will advise the requester of the meeting date at which the delegation may appear. (8) The maximum time permitted for any one delegation is ten minutes except that upon the consent of council a delegation may be permitted a longer time. (9) A maximum of two delegations may be received at any regular council meeting. (10) Where written application has not been received by the corporate officer as prescribed in section 22 (1), an individual or delegation may address the meeting if approved by the majority vote of the members present. (11) Council members shall not respond to requests or questions from a delegation or Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 18 of 29 engage in debate with a delegation but may ask clarifying questions and may correct misinformation. (12) Following a delegation presentation, council may refer the issue to staff for a report or refer the issue to a committee. (13) Council must not permit a delegation to address: (a) a bylaw in respect of which a public hearing has been held, where the public hearing is required under an enactment as a prerequisite to adoption of the bylaw; (b) an issue which is before the courts or on which council has authorized legal action; or (c) a purpose or subject that is beyond the jurisdiction of council, except as otherwise permitted by council. 22. Voting at Meetings 22 (1) When debate on a matter is closed the presiding member must put the matter to a vote of members by stating: (a) "Those in favour raise your hands" and then (b) "Those opposed raise your hands." (2) When the presiding member is putting the matter to a vote a member must not: (a) leave the room; (b) make a noise or other disturbance; or (c) interrupt the voting procedure unless the interrupting member is raising a point of order. (3) After the presiding member finally puts the question to a vote, a member must not speak to the question or make a motion concerning it; (4) The presiding member's decision about whether a question has been finally put is conclusive. (5) Whenever a vote of council on a matter is taken, each member present shall signify their vote by raising their hand. (6) Should any member refrain from voting when any question is put, the member shall be regarded as having voted in the affirmative and the members vote shall be counted accordingly. (7) If a vote is not unanimously in favour the corporate officer shall record the names of Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 19 of 29 the members who voted in opposition. (8) The presiding member must declare the result of the voting by stating that the question is decided in either the affirmative or the negative. (9) If requested by a member, council must vote separately on each distinct part of a motion that is under consideration. 23. Points of Order 23 (1) Without limiting the presiding member's duty under section 132(1) of the Community Charter, if a motion is contrary to the rules of this bylaw, the presiding member must apply the correct procedure to a motion. (2) Without limiting the presiding member's duty under the Community Charter, a member may raise a point of order at any time. (3) When a point of order is raised, the chair must at once without debate: (a) interrupt a matter of consideration on the agenda; (b) interrupt a member who had been speaking, until the point of order is ruled upon; (c) ask the member raising the point of order to state the substance of and the basis for the point of order; (d) state the provision of the bylaw or other rule of order applicable to the point of order. (4) When the presiding member is required to decide a point of order: (a) the presiding member must cite the applicable rule or authority if requested by another member, (b) another member must not question or comment on the rule or authority cited by the presiding member under section 23 (b) (i), and (c) the presiding member may reserve the decision until the next council meeting. 24. Conduct at a Meeting 24 (1) A member may speak to a question or motion at a council meeting only if that member first addresses the presiding member. (2) While in a council meeting or council committee meeting, a member must adhere to the standards of conduct expressed in the Village of Pemberton Code of Conduct Bylaw 958, 2024. (3) Councillors must address the presiding member by that person's title of Mayor, Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 20 of 29 Acting Mayor or Councillor. (4) Councillors must address other non-presiding members by the title Councillor. (5) No member may interrupt a member who is speaking except to raise a point of order. (6) If more than one member speaks, the presiding member must call on the Councillor who, in the presiding member's opinion, first spoke. (7) Councillors who are called to order by the presiding member: (a) must immediately stop speaking, (b) may explain their position on the point of order, and (c) may appeal to council for its decision on the point of order in accordance with section 132 of the Community Charter. (8) Members speaking at a council meeting: (a) must use respectful language, (b) must speak only in connection with the matter being debated, (c) may speak about a vote of council only for the purpose of making a motion that the vote be rescinded, and (d) must adhere to the rules of procedure established under this bylaw and to the decisions of the presiding member and council in connection with the rules and points of order. (9) The following rules apply to limit speech on matters being considered at a council meeting: (a) a member may speak more than once in connection with the same question only: (i) with the permission of council, or (ii) if the member is explaining a material part of a previous speech without introducing a new matter; (b) a member who has made a substantive motion to the council may reply to the debate; (c) a member may speak to a question, or may speak in reply, for longer than a total time of ten (10) minutes only with the permission of council. 25. Improper Conduct Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 21 of 29 25 (1) No member or person attending the meeting may cause a disturbance, disrupt or in any manner delay the conduct of business at a meeting. (2) No member or person permitted or invited to speak on any matter coming before the council or a committee may use rude or offensive language or gestures or signs, by the tone or manner of speaking, express any point of view or opinion or make any allegation which, directly or indirectly, reflects negatively upon the public conduct or private character of any person. (3) Improper conduct includes conduct of any member or other person attending a meeting which, in the opinion of the chair, is contrary to (1) or (2). (4) Improper conduct will be dealt with by the chair and includes the option of expulsion from the meeting in accordance with the Community Charter. (5) The mayor may request the assistance of the RCMP in expelling a person from a meeting. 26. Motions 27 (1) Council may debate and vote on a motion only if it is first made by one member and then seconded by another. (2) A member may make only the following motions when the council is considering a question: (a) to refer to committee; (b) to amend; (c) to lay on the table; (d) to postpone indefinitely; (e) to postpone to a certain time; (f) to move the previous question, or the question; (g) to adjourn. (3) A motion made under (2) is not amendable or debatable. (4) Council must vote separately on each distinct part of a question that is under consideration if requested by a member. Motion to Commit (5) Until it is decided, a motion made to refer to a committee precludes an amendment of the main question. Motion for the Main Question Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 22 of 29 27 (1) In this section, "main question", in relation to a matter, means the motion that first brings the matter before the council. (2) If a member moves to put the main question, or the main question as amended, to a vote, that motion must be dealt with before any other amendments are made to the motion on the main question; and (3) If the motion for the main question, or for the main question as amended, is decided in the negative, the council may again debate the question, or proceed to other business. Withdrawal of a Motion (4) A motion may not be withdrawn after: (a) it has been moved and seconded; or (b) it has been voted on by the council. Amendment of a Motion (5) A member may, without notice, move to amend a motion that is being considered at a council meeting. (6) An amendment may propose removing, substituting for, or adding to the words of an original motion. (7) A proposed amendment must be reproduced in writing by the mover if requested by the presiding member. (8) A proposed amendment must be decided or withdrawn before the motion being considered is put to a vote unless there is a call for the main question. (9) An amendment may be amended once only. (10) An amendment that has been negatived by a vote of council cannot be proposed again. (11) A member may propose an amendment to an adopted amendment. (12) The presiding member must put the main question and its amendments in the following order for the vote of council: (a) a motion to amend a motion amending the main question; (b) a motion to amend the main question, or an amended motion amending the main question if the vote under (12) (a) is affirmative; (c) the main question. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 23 of 29 (13) Amendments shall be voted on in the reverse order to that in which they are moved. (14) If a motion to amend is: (a) carried, the motion which has been amended is to be voted on as amended; or (b) defeated, the motion in respect of which the amendment was moved is to be voted on unamended. 27. Reconsideration by Mayor 27 (1) In accordance with section 131 of the Community Charter, the mayor may, at the same council meeting as the vote took place or at any time within thirty (30) days after the adoption or rejection of any bylaw, resolution or proceeding, return same for consideration by council if the bylaw, resolution, or proceeding: (a) has not had the approval or assent of the electors and been adopted, (b) has not already been reconsidered by council; and (c) has not been acted upon by any officer, employee or agent of the Village. (2) In returning matters for council's reconsideration, the mayor may state the reasons or objections, which will be recorded in the minutes. (3) On the mayor's direction to reconsider a bylaw, resolution, or proceeding, council shall consider the reasons or objections if stated by the mayor and either; (a) reaffirm the bylaw, resolution or proceedings; or (b) reject the bylaw, resolution or proceedings. (4) Bylaws and resolutions that are rejected after reconsideration are deemed to be absolutely vetoed, rescinded and repealed, are of no force or effect whatsoever, and shall not be reintroduced for a period of six (6) months except with the unanimous consent of council. (5) A bylaw, resolution, or proceeding that is reaffirmed under section 131 of the Community Charter is as valid and has the same effect as it had before reconsideration 28. Reconsideration by a Council Member 28 (1) Subject to subsection (4), a member who voted with the majority either for or against a motion, may at the next council meeting introduce a motion: (a) to reconsider a matter on which a vote, other than to postpone indefinitely, has been taken, or (b) to reconsider an adopted bylaw after an interval of at least twenty-four (24) hours following its adoption. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 24 of 29 (2) Council must not discuss the main matter referred to in (1) unless a motion to reconsider that matter is adopted by an affirmative vote of council. (3) A vote to reconsider must not be reconsidered. (4) Council may only reconsider a matter that has not: (a) had the approval or assent of the electors and been adopted; (b) been reconsidered under subsection (1) of section 131 of the Community Charter; or (c) been acted on by an officer, employee or agent of the Village. (5) A motion to reconsider under subsection (1) must be introduced in accordance with section 18 (Late Addition to Agenda). (6) If a motion to reconsider is defeated, the subject matter of the resolution or proceeding may not be considered by the council within six months except by way of a new and substantially different motion. (7) A bylaw, resolution, or proceeding that is reaffirmed under section 29 is deemed as valid and has the same effect as it had before reconsideration. (8) Bylaws or resolutions that are rejected after reconsideration under section 29 are deemed to be absolutely vetoed, rescinded and repealed, and are of no force or effect whatsoever, and shall not be reintroduced for a period of six (6) months except with the unanimous consent of council. PART 3 - BYLAWS 29. Readings and Adoption of Bylaws 29 (1) A proposed bylaw may be introduced at a council meeting only if: (a) a copy of it has been delivered to each member before the council meeting, or (b) all members unanimously agree to waive this requirement (2) A bylaw introduced at a council meeting must: (a) be printed; (b) have a distinguishing name; (c) have a distinguishing number; Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 25 of 29 (d) contain an introductory state of purpose; (e) be divided into sections. (3) The presiding member of a council meeting may: (a) have the corporate officer read a synopsis of each proposed bylaw, and then; (b) request a motion that the proposed bylaw be read. (4) The readings of the bylaw may be given by stating its title. (5) Council may debate and amend a proposed bylaw at any time during the first three readings unless prohibited by the Community Charter. (6) Each reading of a proposed bylaw must receive the affirmative vote of a majority of the members present. (7) In accordance with section 135 of the Community Charter, council may give two or three readings to a proposed bylaw at the same council meeting and may pass one motion for all three readings, unless otherwise determined by council. (8) In accordance with sections 477 (6) and 480 of the Local Government Act, council may adopt a proposed official community plan or zoning bylaw at the same meeting at which the plan or bylaw passed third reading. (9) After a bylaw is adopted and signed by the corporate officer and the presiding member of the council, the corporate officer must have it placed in the Village's records for safekeeping and endorse upon it: (a) the Village's corporate seal; (b) the dates of its readings and adoption; and (c) the date of ministerial approval or approval of the electorate as applicable. PAR7 4 - DESIGNATION OF MEMBER TO ACT IN PLACE OF MAYOR 30. Appointment of Acting Mayor 30 (1) Annually by December 31, council must, from amongst its members, designate councillors to serve on a rotating basis as the member responsible for acting in the place of the mayor when the mayor is absent or otherwise unable to act or when the office of the mayor is vacant, for the subsequent year. (2) Each councillor designated under (1) must fulfill the responsibilities of the mayor in their absence. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 26 of 29 (3) If both the mayor and the councillor designated under (1) are absent from a council meeting, the councillors present must choose a councillor to preside at the council meeting. PART 5 - COMMITTEE OF THE WHOLE 31. Procedures of Committee of the Whole Meetings 31 (1) A notice of the day, hour and place of a COTW meeting must be given at least twenty-four (24) hours before the time of the meeting by: (a) posting a copy of the notice at the public notice posting places; and (b) providing the notice and agenda electronically for each member. Minutes of Committee of the Whole Meetings (2) Minutes of the proceedings of COTW must be: (a) legibly recorded, (b) certified by the corporate officer, (c) signed by the member presiding at the meeting, and (d) open for public inspection in accordance with section 97(1)(c) of the Community Charter. Presiding Members at Committee of the Whole Meetings and Quorum (3) The mayor shall preside a committee of the whole meeting if present. (4) If the mayor is absent, the councillor designated as the member responsible for acting in the place of the mayor must take the chair and call the meeting to order. (5) The quorum of the committee of the whole is the majority of members. Meeting Proceedings (6) The presiding member must preserve order at a committee of the whole meeting and, subject to an appeal to other members present, decide points of order that may arise. (7) The rules of procedure of the council shall be observed in a committee of the whole meeting, so far as may be applicable, except that: (a) a member may speak any number of times on the same question; and (b) no member shall speak continuously for more than five (5) minutes to a question. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 27 of 29 (c) resolutions passed by the committee of the whole must be referred to council for ratification except for the following: (i) a motion referring items to staff; (ii) a motion deferring an item; (iii) a defeated motion; (iv) a motion receiving a report; or (v) a motion providing feedback to staff for the preparation of a policy, bylaw, strategy, or program that will subsequently be provided to council for approval at a future date. (8) Votes at a committee of the whole meeting must be taken by a show of hands if requested by a member. (9) The presiding member must declare the results of voting. (10) When all matters referred to the committee of the whole have been considered a motion to terminate shall be adopted. (11) At a regular council meeting following the committee of the whole meeting, the chair in committee of the whole shall report to council and the council may: (a) adopt the recommendation; (b) reject the recommendation; (c) adopt the recommendation with amendments; (d) commit the subject matter to further consideration, either in part or in total; (e) postpone action on the recommendation; or (f) approve the request of committee to sit again, the committee having reported progress after partial consideration of the subject PART 6 - COMMITTEES 32. Procedures of Committees of Council 32 (1) All resolutions adopted by a committee must be presented to council for ratification except for the following: (a) resolutions referring items to staff; (b) resolutions deferring an item; (c) resolutions receiving a report or information; and (d) defeated resolutions. Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 28 of 29 Standing Committees (2) A standing committee must consider, inquire into, report, and make recommendations to council about the following matters: (a) matters that are related to the general subject indicated by the name of the committee; (b) matters that are assigned by council; (c) matters that are assigned by the mayor. (3) A standing committee reports and makes recommendations to council through their minutes. Select Committees (4) A select committee must consider, inquire into, report, and make recommendations to council about the matters referred to the committee by the council. (5) A select committee reports and makes recommendations to council through their minutes. Notice of Committee Meetings (6) Notice and agenda of committee meetings, including the times, dates and places of the meetings must be given by: (a) posting a notice of the meeting at the public notice posting places; and (b) providing a copy of the notice and agenda electronically to each member of the committee at least twenty-four (24) hours prior to the meeting. Minutes of Committee Meetings (7) Minutes of the proceedings of a committee must be: (a) legibly recorded, (b) certified by the corporate officer and the presiding member, and (c) open for public inspection in accordance with section 97(1)(c) of the Community Charter. Quorum (8) The quorum for a committee is a majority of all members. Conduct and Debate Village of Pemberton Council Procedure Bylaw No. 993, 2025 Page 29 of 29 (9) The rules of council procedure must be observed during committee meetings, so far as is possible and unless as otherwise provided in this bylaw. (10) Council members attending a meeting of a committee, of which they are not a member, may participate in the discussion only with the permission of a majority of the committee members present. Voting at Meetings (11) Council members attending a meeting of a committee of which they are not a member must not vote on a question. (12) The mayor is an ex officio member of all Committees and therefore is entitled to vote on any matter before the Committee. PART 7 - COMMISSIONS 33. The procedures for governing conduct of a commission shall be set out within the commission's establishing bylaw and shall follow the council meeting proceedings as set out in Part 2 where applicable and appropriate. PART 8 - REPEAL 34. Village of Pemberton Council Procedure Bylaw No. 788, 2015 and its amendments are repealed. PUBLIC NOTICE provided in the Pique Newsmagazine and at the public notice posting places on June 13 and June 20, 2025 READ A FIRST TIME this 24th day of June, 2025 READ A SECOND TIME this 24th day of June, 2025 READ A THIRD TIME this 24th day of June, 2025. ADOPTED this 15th day of July, 2025. ____________________ ____________________________ Mike Richman Gwendolyn Kennedy Mayor Corporate Officer