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The Corporation of the
Township of Alnwick/Haldimand
Schedule 'A' to
By-law No. 110-2023
Procedure By-law
Amended by BL 87-2024 - November 26, 2024
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 2 of 49
Table of Contents
Section
#
Description
Page #
1
Definitions
3 - 6
2
General
7
3
Meetings - General
7 - 9
4
Special Meeting of Council
9 - 11
5
Closed Meeting of Council
11 - 14
6
Recording Equipment
14
7
Quorum
15 - 17
8
Agenda
18 - 20
9
Disclosure of Pecuniary Interest
20 - 21
10
Communications
21 - 22
11
Delegations
22 - 24
12
Rules of Debate in Council
24 - 25
13
Voting
25 - 30
14
Points of Order
30
15
Conduct at Meetings
30 - 32
16
By-laws
33 - 34
17
Committees of Council
34 - 35
18
Role of Council
35 - 36
19
Role of the Head of Council (Mayor)
36 - 37
20
Duties of the Chair
38
21
Duties of the Chief Administrative Officer
38 - 39
22
Duties of the Clerk
39 - 40
23
Proclamations
40
24
Amendments and Enactments
40
Appendices
A
Delegation Form
41 - 44
B
Notice of Motion Form
45
C
Complaint Intake Form
46 - 48
D
Declaration of Interest Form
49
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 3 of 49
Section 1 - Definitions
1.
Abstain means a Member who is lawfully entitled to vote but chooses not to
exercise their right to vote on a matter, and in such cases an abstention shall be
deemed as a negative vote.
2.
Act means the Municipal Act, S.O. 2001, as amended from time to time.
3.
Acting Head of Council means the Member of Council appointed, under the Act,
to act from time to time in the place and stead of the Head of Council.
4.
Ad Hoc Committee means a special purpose committee of limited duration,
appointed by Council, that has a Terms of Reference. It considers a specific
matter, and is dissolved automatically upon submitting its final report to Council,
unless otherwise directed by Council.
5.
Advisory Committee means a committee appointed by Council that has a Terms
of Reference, and which advises Council on specific matters, but does not have
decision-making authorities.
5.
Calendar Year means the period from January 1st of any one year to and
including December 31st of the same year.
6.
Chair means the person presiding over a meeting and who is charged with
deciding questions and points of order or practice, preserving order and
maintaining decorum in the proceeding. Meeting Chairs shall attend meetings in
person, unless all attendees are meeting electronically
7.
Chief Administrative Officer means the Chief Administrative Officer (CAO) of
the Township of Alnwick/Haldimand, designated by By-Law.
8.
Civic or Public Holiday means those dates listed as holidays in the Interpretation
Act, R.S.O. 1990, c.I.11, Section 29; Employment Standards Act and any other
days as noted by provincial legislation or municipal by-law.
9.
Clerk means the Clerk of the Corporation of the Township of Alnwick/Haldimand
or their designate, authorized by the Municipal Act, 2001, as amended, and this
person shall be designated by By-Law.
10. Closed Session means a portion of a Council or Committee meeting that is closed
to the public in accordance with Section 239 of the Municipal Act, 2001, as
amended.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 4 of 49
11. Committee means Committee of the Whole, a Committee of Council, an Advisory
Committee or an Ad-Hoc Committee, which has been duly appointed to deal with
a specific matter and provides advice and/or recommendations to Council.
12. Communication means, but is not limited to: Letter, memorandum, report,
notice, electronic mail, facsimile, petition, brochure, newspaper/magazine article,
etc.
13. Confirming By-Law means a By-Law of Council that adopts all resolutions
passed at a Council meeting;
14. Corporation means the Corporation of the Township of Alnwick/Haldimand.
15. Council means the Council of the Corporation of the Township of
Alnwick/Haldimand.
16. Councillor means a person elected or appointed as a member of Council for the
Township of Alnwick/Haldimand.
17. Defer means to postpone all discussion on the matter until later in the same
meeting or to a future date which is established as part of the motion.
18. Delegation means a person/group making a presentation to Council or
Committee.
19. Deputy Head of Council (Deputy Mayor) means the Township's second
representative as elected and shall act in the capacity of Head of Council in his/her
absence.
20. Division of Question means a request by a Member to have a motion containing
separate questions, recommendations or amendments, voted on in parts or in
sections.
21. Ex Officio Member means a member of a board or committee that holds that
position by virtue of his/her office and shall have all of the same rights and
privileges, including voting, as the other members.
22. Head of Council (Mayor) means the Head of Council of the Corporation of the
Township of Alnwick/Haldimand as elected.
23. Improper Conduct means conduct that obstructs in any way the deliberations
and/or proper action of Council or Committee.
24. Majority means more than half of the votes cast by Member entitled to vote.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 5 of 49
25. Meeting means any regular, special, committee or other meeting of Council,
Committee or a local board or of a committee of either of them, where
a)
A quorum of Members is present, or
b)
Members discuss or otherwise deal with any matter in a way that materially
advances the business or decision-making of the Council, Committee or
local board.
26. Meeting Types
a) Emergency Council Meeting - Not withstanding any other provision of this by-
law, an Emergency Council meeting may be held without written notice to deal
with an emergency or an extraordinary situation, provided that an attempt has
been made by the Clerk, or their designate, to notify the members about the
meeting as soon as possible. The only business to be dealt with at an
Emergency Meeting shall be business directly related to the emergency or
extraordinary situation.
b) Regular Council Meeting - see Item 41.
c) Public / "Statutory" Council Meeting - often relates to Planning matters, but
these may be called to consider specific items where there is a legislated need
to hold a public meeting.
d) Special Council Meeting - see Item 45.
e) Committee of the Whole - a less formal meeting of all members of Council
where recommendations are forwarded to Council for final decision.
27. Member means a member of Council or a Committee, a person duly elected or
appointed to serve on Council or a Committee.
28. Minutes mean a record of the proceedings of Council or Committee which record
the actions taken and decisions made by members at the meeting.
29. Notice of Motion means a written notice given by a Member of Council on a
matter which Council will be asked to take a position.
30. Order of Business means the sequence of activities and/or discussions and
decisions to be introduced and considered.
31. Pecuniary Interest means a direct or indirect Pecuniary Interest within the
means of the Municipal Conflict of Interest Act, 1990, chapter M. 50, as amended.
32. Point of Order means a matter that a Member considers to be a departure from
or contravention of the rules, procedures and/or generally accepted practices of
Council.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 6 of 49
33. Point of Personal Privilege means a matter that a Member considers to
question their integrity and/or the integrity of Council.
34. Prevailing Member means any Member who voted with the majority on an issue
or question that was dealt with by a resolution.
35. Proclamation means the public or official announcement of an important matter.
36. Quorum means the majority of the whole number of Members required to
constitute Council or a Committee. For example, if there are five members of a
Committee or Council, three (3) Members shall constitute a quorum.
37. Receive for Information means to receive the information with no further action
to be taken.
38. Recess means a short break taken during a meeting and is of a duration
established by the Head of Council or Chair.
39. Recorded Vote means recording in the Council minutes the names of each
Member present and the manner of their respective votes on a matter or question
before Council. In the case of a Member who has declared a conflict/pecuniary
interest on the matter or question, the minutes shall so reflect that action.
40. Refer means to direct a matter under discussion by Council or Committee to a
Staff member for further examination.
41. Regular Meeting means a scheduled Council meeting held in accordance with
the approved schedule of meetings.
42. Reports means written documents by municipal employees, consultants, solicitors
or other individuals appointed at the pleasure of Council for the purpose of
providing advice, alternatives/recommendations on various matters.
43. Resolution means a motion that is carried or defeated and therefore represents
the vote and will of Council.
44. Rules of Procedure means the applicable procedural rules of conduct contained
in this By-law.
45. Special Meeting means a meeting not scheduled in accordance with the
approved schedule of meetings.
46. Township means the Corporation of the Township of Alnwick/Haldimand.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 7 of 49
Section 2 - General
2.1 Protocol
The rules and procedures contained in this By-Law shall apply to all meetings of Council
and Committee unless otherwise prescribed:
(1) Notwithstanding Section 2.1, these rules and procedures may be relaxed in a
Committee meeting, if the subject matter so permits.
(2) Unless a contrary intention appears in this By-law, words in the singular include
the plural and references to gender are intended as gender neutral.
(3) All Members, except the Mayor, are to be addressed as "Councillor (surname
inserted)".
(4) The Deputy Mayor shall be addressed as "Deputy Mayor (surname inserted)".
(5) The Mayor shall be addressed as "Mayor (surname inserted)" or as "Your
Worship".
2.2 Headings and Subheadings
The headings and subheadings used in this By-Law shall be deemed to be inserted for
convenience of reference.
2.3 Robert's Rules of Order
For purposes of interpreting this By-law or determining a proper course of action for
matters that may arise that are not specifically contemplated by the By-law, the most
recent edition or Robert's Rules of Order in existence at the time shall be used as a
reference.
Section 3 - Meetings - General
3.1 Inaugural Meeting
The first meeting in a new term of Council shall take place on the second Tuesday in
November following November 15th in an Election year, at a time and place chosen by
the Clerk.
3.2 Regular Council Meetings - Time, Date, Location
Regular meetings of Council shall generally be held at the Grafton Municipal Office,
10836 County Road 2, Grafton, ON, in the Council Chambers on the second Tuesday of
each month at 9:30 a.m. Council may, at its discretion, hold Council meetings at the
Alnwick Civic Centre located at 9059 County Road 45, Roseneath ON
Council meeting dates may not fall on the prescribed days due to statutory holidays or
when municipal conferences conflict with the prescribed dates. Proper notice shall be
given, per the meeting schedule that is posted on the Township's website.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 8 of 49
3.3 Council/Planning/Committee of the Whole Meetings - Time, Date,
Location
Council/Planning/Committee of the Whole meetings shall be held at the Grafton
Municipal Office, 10836 County Road 2, Grafton, ON, in the Council Chambers, on the
fourth Tuesday of each month at 9:30 a.m. Council may, upon consultation with staff,
hold meetings in the evening. Council meeting dates may not fall on the prescribed
days due to statutory holidays or when municipal conferences conflict with the
prescribed dates. Proper notice shall be given, per the meeting schedule that is posted
on the Township's website.
3.4 Meeting - Time, Date, Location - Altered by Council
Council may by Resolution, passed by a majority of the Members present, dispense with
or alter the date, time or place of a meeting, provided that adequate notice of the
change is posted at least 48 hours in advance on the Township website.
3.5 Cancellation of Meeting
The Clerk, with the approval of the Head of Council, may cancel a meeting of Council
when there is sufficient cause to do so.
3.6 Summer Meetings
Staff will make a recommendation to Council at the first meeting in July, regarding the
need for an August meeting.
3.7 Cancellation of Meeting - Inclement Weather
The Head of Council may cancel any meeting of Council or Committee if they are of the
opinion that weather conditions or an emergency warrants cancellation. The Clerk shall
inform the members, and anyone they know who plan to attend.
3.8 Schedule of Meetings
The Clerk will prepare a draft Annual Meeting Schedule for Council's consideration and
approval in November of each year, for the following calendar year. The schedule will
be posted on the Township website, in the Township office, and at the Library Branches.
3.9 Notice of Meetings - In Form of Agenda
A meeting notice shall be in the form of an Agenda, which shall set out the date, time,
and place for the meeting. The Agenda shall be published on the Township website for
the public six (6) days in advance of the meeting, excluding the publication day, and
excluding the meeting day.
3.10 Constituted Meeting
No meeting of Council is a constituted meeting unless the Clerk or their designate is
present.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 9 of 49
3.11 Absent from Meeting/Leaves of Absence
a) The office of a Member of a Council or Committee will become vacant if the Member
is absent from the meetings of Council or Committee for three (3) consecutive
months, unless the leave of absence is authorized by a resolution of Council. If a
committee meets bi-monthly, the seat will become vacant after 6 consecutive
months.
b) Section (a) does not apply to a Member of Council who is absent for twenty (20)
consecutive weeks or less if the absence is a result of the Members' pregnancy, the
birth of the Member's child or the adoption of a child by the Member in accordance
with sub-section 259 of the Municipal Act, 2001. A resolution of Council is not
required to authorize such a leave of absence. The Member shall provide the Clerk
with written notice of the leave of absence for twenty (20) consecutive weeks or
less.
3.12 Recess
Council may call a recess for a period deemed appropriate by the Chair.
3.13 Adjournment Hour - All Meetings
All regular meetings shall be adjourned when the Council has completed all items as
listed on the Agenda, or, when Council has been in session for 4 hours. However, it is
at the discretion of the Chair to extend the meeting beyond four (4) hours to complete
the items on the agenda. A resolution passed by the majority to extend the meeting is
required.
3.14 Public Sign-In Sheets - Regular, Special, Planning, Statutory, and
Emergency Council Meetings
Members of the public attending a Council Meeting in person, are asked to provide their
contact information on a "sign-in sheet".
3.15 Meeting Chair
A Chair of a meeting shall be present in person at the meeting location.
Section 4 - Special Meeting of Council
4.1 Special Meeting of Council - Summoned by Mayor
The Mayor may summon a special meeting of Council by providing written direction to
the Clerk stating the date, time and purpose of the special meeting.
4.2 Special Meeting of Council - Summoned by Majority
Upon receipt of a written request of the majority of Members of Council, the Clerk shall
summon a special meeting of Council stating the date, time and purpose for the special
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 10 of 49
meeting. Once received by the Clerk, no Member shall remove his/her name from the
written document filed under this Section.
4.3 Special Meeting of Council - Timing
The special meeting shall be held not sooner than 24 hours following the Mayor's
summons or receipt of the document, as the case may be. A special/emergency meeting
may be held as soon as practical following receipt of the written documents upon a two-
thirds vote of the Members present to suspend the timing requirement.
4.4 Special Meeting of Council - Notice
The Clerk shall give notice to the Members of the Council, of all special meetings of
Council, whenever required, and such notice shall specify the date, time, place, and the
purpose of the meeting. Such notice shall be delivered to each Member by phone call
or electronic mail at least 24 hours before the start time of the special meeting.
4.5 Special Meeting of Council - Public Notice
Public Notices of special meetings of Council shall include a notice of the meeting to be
posted at the Township office and on the Township website. Due to the nature of the
special meeting, a 24-hour notice period shall apply, but will not restrict the conducting
of Township operations under an emergency.
4.6 Special Meeting of Council - Agenda
The Clerk, when reasonably possible, shall prepare an agenda in the following order,
for the use of members at Special Meetings of Council:
1.
Notice of Time, Place and Purpose of the meeting
2.
Call to Order
3.
Declaration of Pecuniary Interest
4.
Consideration of Business for Which Notice is Given
5.
Confirming By-Law
6.
Adjournment
4.7 Special Meeting of Council - Any Other Matter
At special meetings, the Council shall not consider or decide upon any matter not set
forth in the notice calling the meeting.
4.8 Special Meeting of Council - Urgent & Extraordinary Occasions
Notwithstanding this section, on urgent and extraordinary occasions, with the consent
of two-thirds of all the Members of Council recorded in the minutes, an emergency
special meeting of the Council may be called by the Chair and held to consider and deal
with such urgent and extraordinary matters.
4.9 Public Meetings, Hearings or Information Sessions
Council from time to time may conduct Public Meetings, Hearings or other Information
Sessions for any purpose giving such notice as may be deemed necessary or required
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 11 of 49
by legislation or the Township's Notice By-Law currently in effect. Council shall give
appropriate notice of such meetings by publication on the Township website.
4.10 Special Meeting of Council - Electronic Participation, Emergencies
During any period where an emergency has been declared to exist in all or part of the
Township, a Special Meeting of Council may be held remotely via telecommunications.
A member of Council who participates electronically in a meeting shall be counted in
determining whether or not a quorum of members is present at any point in time; and
a member of council can participate electronically in a meeting that is closed to the
public.
Section 5 - Closed Meetings of Council
5.1 Meetings Open to the Public
Except as provided in this Section, all meetings shall be open to the public.
5.2 When Closed Meeting Authorized
(1) Council or a Committee may, by resolution, close a portion of a meeting to the public
in accordance with s. 239 of the Municipal Act, 2001, as amended, if the subject
matter relates to:
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 closed 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
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 12 of 49
k) A position, plan, procedure, criteria or instruction to be applied to any
negotiations carried on or to be carried on by or on behalf of the municipality
or local board.
(2) Council or a Committee may, by resolution, close a portion of a meeting to the
public in accordance with s. 239 of the Municipal Act, 2001, if the subject matter
to be considered is:
a) 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; or
b) An ongoing investigation respecting the municipality, a local board or a
municipally-controlled corporation by the Ombudsman and/or Closed Meeting
Investigator.
(3) A portion of a meeting of a council or local board or of a committee of either of
them 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.
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,
local board or committee.
5.3 Moving into Closed Session
Before holding a portion of a meeting that is to be closed to the public, a municipality
or local board or committee of either of them shall state by resolution:
a)
The fact of the holding of the closed meeting and the general nature of the matter
to be considered at the closed meeting; or
b)
In the case of a meeting under Section 5.2(3), the fact of the holding of the closed
meeting, the general nature of its subject matter and that it is to be closed.
5.4 Chair
A Closed Session of Council shall be chaired by the Mayor. If the Mayor is absent, the
Deputy Mayor shall assume the Chair.
5.5 Voting
Voting shall take place in open session; however, Council may vote during a closed
meeting pursuant to s. 239(6) of the Municipal Act, 2001 if:
(1) The meeting was permitted or required by s. 239(2) or (3) of the Municipal Act,
2001
and
(2) The vote relates to:
(a) a procedural matter; or
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 13 of 49
(b) directions or instructions to officers, employees or agents of the municipality,
a local board, committee, or to persons retained by the municipality or local
board.
5.6 Agenda and Reports
1)
The Clerk shall be responsible for maintaining a confidential copy of all original
documentation distributed, relating to closed sessions, and for keeping confidential
notes of all closed sessions.
2)
The Clerk will distribute all closed session agendas and reports via email. If a
member of Council determines that they have a potential Pecuniary or Conflict of
Interest, they shall delete the email and advise the Clerk.
3)
Members shall ensure that confidential matters disclosed to them and materials
provided to them during closed sessions are kept strictly confidential. Members are
encouraged to return confidential materials to the Clerk.
4)
The Clerk shall advise the Chair if, in their opinion, the issue being discussed at a
Closed Session is not procedurally appropriate in accordance with the terms of the
Municipal Act.
5.6 Delegations in Closed Session
Subject to the provisions of this Section, Council may hear delegations and presentations
in Closed Session.
5.8 Completion - Reconvene to Open Meeting and Report
Upon completion of the Closed Session:
a)
the Members shall immediately reconvene in open session; and
b)
if applicable, the Members shall vote on any resolutions arising from the closed
meeting.
5.9 Disclosure
No Member or staff shall disclose the content or deliberations of a closed meeting,
unless:
a)
expressly authorized to do so by a majority vote of the meeting Members;
b)
such disclosure is required to execute the specific direction(s) provided in the
closed meeting, and then only to the extent that is necessary in the circumstances;
or
c)
as required by law.
5.10 Complaints About the Appropriateness of a Closed Meeting
(1) Any complaints made in relation to closed meetings made under Section 239(1) of
the Municipal Act must be directed to the Clerk who will forward them to the Closed
Meeting Investigator appointed by Council to undertake those duties. All
complaints will be treated as confidential and will be forwarded to the Closed
Meeting Investigator.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 14 of 49
(2) Complaints must be submitted on the approved complaint form. The complaint
form is available on the Township's website, or may be obtained from the Clerk.
All complaints must be submitted in a sealed envelope marked 'private and
confidential' and shall contain the following information:
a)
Name of municipality;
b)
Complainant's name, mailing address, telephone number and email address
(if applicable);
c)
Date of closed meeting;
d)
Nature and background of the particular occurrence;
e)
Any activities undertaken (if any) to resolve the concern;
f)
Any other relevant information;
g)
Original signature.
(3) Complaints may be submitted by mail, email, or delivered directly to: the Township
of Alnwick/Haldimand, 10836 County Road 2, P.O. Box 70, Grafton, ON K0K 2G0
Attention: Clerk
(4) Where Council is in receipt of a report from the Ombudsman or an Investigator
reporting their opinion that a meeting or part of a meeting appears to have been
closed to the public contrary to the provisions of Section 239 of the Municipal Act,
as amended, or the Council Procedure By-law, Council shall pass a resolution
stating how it intends to address the report and the recommendations contained
within.
Section 6 - Recording Equipment
6.1 Use of Mechanical and Electronic Devices
The use of any audio or video recording equipment by the general public during any
meeting is not permitted.
The use of auditory or visual recording equipment by accredited and other
representatives of any news media may be permitted with the approval of Council as
long as it is not disruptive to the conduct of the meeting. Any and all audio recordings
recorded other than by the municipality shall not, under any circumstances, be deemed
to be official records.
6.2 Use of Mechanical and Electronic Devices
Council reserves the right to enter into agreements for the audio and/or video recording
of open Council and Council/Planning meetings which will be used for distribution to the
public. The recordings shall be kept for one year and are not considered an official
record.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 15 of 49
Section 7 - Quorum and Electronic Participation
7.1 Quorum - Call to Order
The Chair shall call the meeting to order after the time set for the start of the meeting
as soon as quorum is present, and in consultation with the Clerk or their designate.
7.2 Quorum Required
A quorum for the Township of Alnwick/Haldimand Council shall be three (3) Members.
7.3 No Quorum - Automatic Adjournment
In the event that a quorum is not present within 15 minutes after the designated start
time of the meeting, the Clerk shall record the names of the Members present and the
meeting shall stand adjourned until the next regular meeting.
If the Chair has been advised that one or more Members will arrive late, Council may
vote on whether to delay the start of the meeting to accommodate them.
7.4 Loss of Quorum
(a) If during the meeting there is loss of quorum, the meeting shall automatically be
deemed to stand recessed until a quorum is in attendance. Should a lack of a
quorum continue for 30 minutes, the meeting shall automatically stand adjourned
until the next regular meeting, or until a special meeting is called to deal with the
matters remaining on the agenda of the adjourned meeting.
(b) If during the meeting the number of Members who are unable to participate
as outlined in the Municipal Conflict of Interest Act, R.S.O. 1990, are insufficient
to constitute a quorum, the remaining members shall be deemed to constitute
a quorum, providing such number is not less than two (2).
In accordance with section (3.1) of the Municipal Act, 2001, as amended, the Procedure
By-law may provide that a member of council, or a local board or a committee of either
of them, can participate electronically in a meeting to the extent and in the manner set
out in the by-law.
(a) a member of council, a local board or a committee of either who participates
electronically in a meeting shall be counted in determining whether a quorum of
members is present; and
(b) a member of council, a local board or a committee of either can participate
electronically in a meeting that is open or closed to the public.
(c) a municipality or local board may hold a special meeting to amend an applicable
procedure by-law for the above.
The Corporation of the Township of Alnwick/Haldimand
Schedule 'A'
Council Procedure By-Law 110-2023
Page 16 of 49
(d) a member participating electronically in a special meeting described in Section (c)
may be counted in determining whether a quorum of members is present at any time
during the meeting.
7.5 Electronic Participation
Members may participate by means of audio/visual or audio electronic
communication devices, under the following circumstances:
a. The Clerk shall determine the means of electronic communication for use by
members.
b. Members shall provide advance notice to the Clerk or Deputy Clerk of their intent to
participate electronically, preferably no later than 12 hours prior to the scheduled
meeting time (if possible).
c. Council members participating electronically shall be counted for the purpose of
determining quorum.
d. A Member participating electronically shall always have their camera on when using
conference meeting technology, unless they are participating using only audio means
(telephone).
e. A Member participating electronically shall verbally advise the Chair when they leave
the meeting, either on a temporary or permanent basis. If returning to the meeting,
the Member shall verbally notify the Chair when they arrive.
f. Members participating electronically shall be able to vote. All Members participating
electronically shall vote by a show of hands, or by verbal consent (yes or no).
g. A Member participating electronically will be considered to have left the meeting
when they are no longer connected to the meeting.
h. Electronic participation shall be permitted in open and closed sessions of the
meetings.
i. Members participating electronically in a closed session must be alone in a private
room so that no other individual is privy to the meeting discussion and information.
During Roll Call, Members must confirm they are alone. Reasonable measures should
be taken to ensure that the internet connection is secure and not publicly accessible.
Members are advised to wear a headset if possible.
j. In the case of an interruption in the virtual link to the member(s) participating
electronically, Council will recess to a maximum of 15 minutes until it is determined
whether the link can be re-established. If communications are not re-established,
the meeting will resume without the electronic participant(s), provided there is
quorum.
k. The Mayor, or the Chair, shall attend in person.
7.6 Electronic Participation at Regular and Special Council Meetings
The Mayor or Chair shall attend in person. If the Mayor or Chair cannot participate in
person, or is absent, the meeting shall be chaired by the Deputy Mayor who shall attend
in person.
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The Mayor or Chair may postpone/reschedule the meeting if a majority of Members are
not physically present at the meeting location.
Members shall attend Council meetings in person, but may participate electronically
under the following circumstances:
- a declared emergency,
- a severe weather event,
- personal illness or injury,
- quarantine or capacity restrictions (per Public Health guidelines),
- while away on vacation, if previously approved by Council.
7.7. Electronic Participation - Emergency Meetings
The Mayor or Chair shall attend in person, if possible. Members may participate by
electronic means.
7.8 Electronic Participation - Staff and Public
Township staff may participate electronically when deemed appropriate by the Chief
Administrative Officer, Clerk or designate.
Members of the public shall have the option to make a delegation or presentation to
Council electronically or in person.
For public notice purposes, the location of the meeting published on the agenda shall
note the physical location of the Clerk (or designate) during the meeting. Meeting
conference details will be provided on agendas.
Council meetings that are open to the public will be recorded and posted on the
Township's website.
A recording of an open Council meeting shall be retained for one year.
7.8 Member Absent or Late
If Members will be absent or will be late for a meeting, they shall notify the Clerk, or
their designate, in advance of the meeting.
7.9 Roll Call
Once the Chair has called the meeting to order, the Clerk shall record in the minutes
those Members who are present, and those who are absent. If a Member arrives after
the roll call, the Clerk shall note the time of arrival in the minutes.
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Section 8 - Agenda
8.1 Agenda Preparation
The Clerk shall prepare an Agenda that allows for the most efficient conduct of business.
Agendas shall generally follow the following formats, but modifications may be made
without requiring amendment to this by-law.
a)
Regular Council Meeting Agenda
1. Call to Order/Roll Call
2. Territorial Land Acknowledgement
3. Moment of Silence
4. Disclosures of Pecuniary Interest & General Nature Thereof
5. Approval of Agenda
7. Approval of Minutes
8. Business Arising from Previous Minutes
9. Delegations
10. Staff Reports - Building
11. Staff Reports - By-law Enforcement
12. Staff Reports - Planning
13 Staff Reports - Fire
14. Staff Reports - Public Works
15. Staff Reports - Parks and Recreation
16. Staff Reports - Treasury
17. Staff Reports - Administration
18. Committee Minutes and Reports
19. By-laws
20. Communications
21. Announcements
22. Notice of Motions
23. Closed Session Items
24. Motion to Reconvene and Report
25. Confirming By-law
25. Adjournment
b)
Planning/Council Meeting Agenda
1. Call to Order
2. Territorial Land Acknowledgement
3. Disclosures of Pecuniary Interest & General Nature Thereof
4. Approval of Agenda
5. Approval of Minutes
6. Business Arising from Previous Minutes
7. Motion to Adjourn to a Public Meeting
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8. Motion to Reconvene to Municipal Planning Meeting
9. Formal Consents
10. Delegations
11. Updates on Provincial Plans
12. Communications
13. Reports/Updates
14. By-laws
15. Announcements
16. Notices of Motion
16. Confirming By-law
17. Adjournment
c)
Committee of the Whole
1. Call to Order
2. Territorial Land Acknowledgement
3. Disclosures of Pecuniary Interest & General Nature Thereof
4. Approval of Agenda
5. Delegations/Presentations
6. Development Services Reports
7. Protective Services Reports
8. Parks, Recreation & Facilities Reports
9. Public Works and Infrastructure Reports
10. Administration Reports
11. Adjournment
8.2 Items for Agenda
The Clerk, in consultation with the CAO or Mayor, may accept items from Staff, the
Mayor or Chair, and from Members of Council or Committee up to the agenda deadline.
8.3 Communications Submitted for Agenda from Public
Communications received from the public, prior to the agenda being published, may be
placed on the agenda, if deemed to warrant the consideration of Council or Committee.
If the Clerk or the CAO deem that the communication should be first dealt with at the
staff level, it shall be directed to the appropriate department to investigate, and if
necessary, information may be provided to Council at a future meeting.
8.4 Alteration of Agenda at a Meeting
The items on the agenda of each meeting shall be taken in the order in which they stand
on the agenda unless otherwise decided verbally by a majority of the Members present.
8.5 Items Not Considered - Next Meeting
All items on the agenda not dealt with at a meeting shall be placed on the agenda for
the next meeting unless otherwise decided by Resolution passed by a majority of the
Members present.
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8.6 Addendum Permitted After Deadline if Urgent
An addendum may only be presented when one or more items arise after the closing of
the deadline for the agenda and prior to the meeting. The Clerk or CAO will determine
which items are of urgent nature and require the consideration of Council at the
meeting.
8.7 Addendum - Resolution Required
Before any addendum may be dealt with, a resolution must be passed by majority of
the Members present authorizing the Council or Committee to waive notice provisions
and deal with all or any of the items on the addendum.
8.8 Suspension of Rules
Except as specifically noted to the contrary, any procedure required by this By-Law may
be temporarily suspended with the consent by a majority vote of the Members present.
8.9 Publication of Agenda
The Agenda for the Council or Council/Planning meeting will be published on the
Township website six (6) days prior to the scheduled meeting.
Section 9 - Disclosure of Pecuniary Interest
9.1 Disclosure of Pecuniary Interest
a) It is the responsibility of each Member to identify and disclose any pecuniary
interests (as defined by the Municipal Conflict of Interest Act, R.S.O. 1990, C. M.50)
in any item or matter in question.
b) When a Member, either on his/her own behalf or while acting, by, with or through
another, has any pecuniary interest, direct or indirect, in any matter and is present
at a meeting of the Council at which the matter is the subject of consideration, the
Member shall:
1.
Prior to any consideration of the matter at the meeting, disclose the interest
and the general nature thereof;
2.
File a written statement of the interest and its general nature with the Clerk,
or, as soon as possible afterwards, and these statements shall be available
for public viewing;
3.
3. Not take part in the discussion of, or vote on, any question in respect of
the matter;
4.
4. Not attempt in any way, whether before, during, or after the meeting, to
influence the voting on any such question.
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9.2 Disclosure of Pecuniary Interest - Minutes to Reflect
The minutes will reflect at what point the Member disclosed a pecuniary interest and for
what reason.
9.3 Disclosure of Pecuniary Interest - Closed Session
Where a meeting is closed to the public, in addition to complying with the requirements,
the Member shall forthwith leave the meeting for the portion of the meeting during
which the matter is under consideration. The Member's disclosure of pecuniary interest
shall occur during the open portion of the meeting, in advance of the closed session
and will be recorded in the minutes. The Member is prohibited from discussing or voting
on the minutes related to the matter.
9.4 Disclosure of Pecuniary Interest - Absent from Meeting
Where the interest of a Member has not been disclosed, by reason of absence from the
particular meeting, the Member shall disclose the interest and otherwise comply at the
first meeting of Council, as the case may be, attended by the Member after the particular
meeting.
9.5 Disclosure of Pecuniary Interest - Chair
If the Chair discloses a pecuniary interest on any matter before Council or Committee,
the Chair shall step down during deliberations on that matter. The Deputy Mayor or
Acting Chair will assume the seat of Chair until conclusion of the discussion, after which
the Chair will resume their duties.
Section 10 - Communications
10.1 Communications
The Clerk shall include Communications for Members of Council on meeting agendas.
Items to be included in the file shall include, but not be limited to: correspondence from
other levels of government, crown corporations, agencies, boards or provincial/federal
associations engaged in municipal matters, petitions, etc.
10.2 Communications to Mayor and Council
All communications addressed to Mayor and Council:
a) shall be legible,
b) shall not contain defamatory allegations (to be determined by the Clerk and CAO),
c) shall be signed by the author(s),
d) shall include the author(s) mailing address(es) and/or email address(es). (This
personal information will not be included on the agenda per MFIPPA, unless
express permission is granted.)
e) shall be available for public viewing.
The Clerk shall not include any communications that do not meet the above
requirements.
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10.3 Communications - Protocol
Members of Council will be governed by the following rules respecting questions relative
to communications:
(1) Council Members are strongly encouraged to contact the CAO or the appropriate
Department Head prior to the meeting to ask questions or clarify issues relevant
to the matter, and obtain background information.
(2) A motion directing Township staff to undertake action with respect to a
Communications item shall be in order, when it is moved, seconded and carried by
Council.
(3) A motion to receive Communications will be in the order when all Council Members
have concluded their questions.
(4) Any issues of jurisdiction on any matter of Communication before the Council shall
be determined by the Chair, in consultation with the Clerk. The decision of the
Chair shall be final, without recourse to a challenge.
(5) Any paper documents marked as "Confidential" distributed to Members of Council
shall be returned to the Clerk immediately following a meeting.
10.4 Distribution of Communications at Council Meeting
No person, except a member of Council or authorized staff person, shall distribute any
materials to Council or to the public, unless they have approval from the Clerk.
Section 11 - Delegations
11.1 Delegation - Request
Any person who wishes to appear before Council shall submit a "Request for Delegation"
form at least twelve (12) days preceding the Meeting. The form, together with all
written material, shall be submitted with the Delegation Request form. The CAO and the
Clerk may make a determination to defer a delegation to a subsequent meeting, or,
refer the matter to the appropriate Department Head.
11.2 Delegation - Reply from Staff
The Clerk (or their designate) shall reply to delegation requests in writing or by
telephone, as time permits, indicating approval, refusal, deferral or referral of the
delegation and the reasons.
11.3 Delegation Time Limits
(1) A maximum of ten (10) minutes shall be allotted for each delegation. A five (5)
minute extension to speak may be decided, without debate, by a majority of
Council/Committee Members present. A maximum of two (2) persons are
permitted to address the Members for each delegation. Delegations are not to
repeat information presented by an earlier delegation. The time limits shall be
strictly enforced.
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(2) Presentations such as consultant's reports or deputations which are made at the
request of Council (i.e., County employees, Boards, Agencies, etc.) are not
considered to be the same as Delegations, and are not subject to the time limit
referenced in 11.3(1).
(3) Upon the completion of a delegation, any discourse between Members and the
delegation shall be limited to Members asking questions for clarification and
obtaining additional, relevant information. Members shall not enter into debate
with the delegation regarding the presentation.
11.4 Delegations - Limit per Meeting
A maximum of three (3) delegations shall be allowed at any meeting. The Clerk, in
consultation with the CAO, may reduce the number of delegations based on the nature
of the delegations and Council meeting time restrictions.
11.5 Delegation - Conduct
Delegations shall abide by the Conduct at Meetings set out in Section 15 and shall:
(1) Only speak on the subject for which they have received approval;
(2) Refrain from cross debate with other delegations, staff, Members, or the Chair;
(3) Refrain from public outbursts, shouting, or behaviour intended to disrupt the
discussion and/or general proceedings of the meeting;
(4) Not appear for the purpose of publicly announcing a local event; and
11.6 Delegation - Restrictions
The Chair may restrict any delegation, any questions of a delegation, or debate during
a delegation, for disorder or any other breach of this By-law and, if the Chair rules that
the delegation is not in compliance with this By-law, the person or persons appearing
shall withdraw from the delegation table, and the decision of the Chair shall not be
subject to challenge.
11.7 Delegation - Refusal
The Clerk may refuse delegations that are not permitted under the following
circumstances:
(1) The request is not submitted within the time required (Section 11.1);
(2) Written handouts or materials for use were not provided with the delegation
request;
(3) The subject matter has already been discussed within the past twelve (12) months;
(4) The subject matter is deemed to be beyond the jurisdiction of Council;
(5) The issue is specific to a labour/managerial dispute, or other matter properly held
in Closed Session;
(6) Council has previously made a decision on the issue, within the previous twelve
(12) months.
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11.8 Delegation - Reason for Refusal
In the event a delegation request is refused, the Clerk, in consultation with the CAO,
shall provide to the person(s) in writing, with a copy to Council, the reasons for the
refusal.
Section 12 - Rules of Debate in Council
12.1 No Member Seniority
No Member shall be deemed to have precedence or seniority over any other Member.
12.2 Chair - Speaking Before and/or Closure of Debate
The Chair may speak on any matter before the debate on any matter, or without
entering into further debate, may speak to close the debate on any matter after all
Members wishing to speak have spoken.
12.3 Chair - Participation in Debate
If the Chair wishes to take part in the debate, the Chair must leave the chair and call
on another Member to act in the Chair's place until the debate is closed and in such case
the Chair waives his/her privilege to close the debate. The Member acting in the Chair's
place may close the debate.
12.4 Motions
1)
Except as otherwise provided in this By-law, all Motions require a mover and
seconder before the Chair can put the question or motion on the floor for
consideration.
2)
3)
When a motion is presented in Council or Committee, it shall be read before
debate.
4)
A motion for the previous question shall not be put forward until all speakers listed
by the Head of Council have spoken and the mover has replied.
5)
After a motion is read or stated by the Chair it shall be deemed to be in possession
of Council or Committee, but it may, with the consent of the mover, be withdrawn
at any time before decision or amendment.
12.5 Mover of Motion - First Right to Speak
After the Chair, the Member who moves a main motion has the first right of speaking
on that motion, and the seconder has the right of speaking second on the motion.
12.6 Recognition by Chair - Acknowledgement of Speaker
No Member shall speak to a question or motion until the Member has been recognized
by the Chair. After being recognized by the Chair, all remarks shall be respectfully made
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through the Chair. No Member shall speak to a motion more than once, without
permission from the Chair.
12.7 Length of Debate
Every Member shall have an opportunity to speak once on a question or motion for up
to five (5) minutes. After which the Chair or a Member may call for the vote, and every
member shall immediately:
a)
Occupy their seat and remain there until the result of the vote has been declared;
b)
Not traverse the room;
c)
Cease all discussion on the matter immediately;
d)
Not speak to any other member or make any noise or disturbance; and
e)
The Head of Council shall take the vote.
Section 13 - Voting
13.1 All Members to Vote - Exception
Regardless of the method of voting:
(1) Every Member present at a meeting, including the Chair, shall vote on the issue at
hand unless prohibited by statute or this by-law.
(2) If prohibited from voting, the Clerk shall record in the minutes the name of the
Member and the reason that they are prohibited from voting.
(3) If any Member present refuses to vote or fails to vote, the Member shall be deemed
to vote against the question.
13.2 Method - Show of Hands
Except where a recorded vote is requested, voting shall be by a show of hands in favor
or against, following which:
(1) the Chair shall announce the result; and
(2) the Clerk shall record only the result, and not whether Members voted for or against
the question.
13.3 Result of Vote - How Recorded
The Clerk shall record the result of votes as follows:
(1) if passed, "Carried";
(2) if not passed, "Defeated";
(3) if tied, "Defeated ".
13.4 Chair Entitled to Vote
The Chair, except where disqualified to vote, is entitled to vote on all questions and
when it could affect the result of the vote, shall vote last.
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13.5 Voting Commenced
After the Chair commences to take a vote on a question, no Member shall speak to such
question or present any other motion until a vote has been taken on such question.
13.6 Member Not at Council Table at Time of Vote
When the Chair calls for a vote on a question, each Member shall occupy his or her seat
and shall remain in his or her seat until the result of the vote has been declared by the
Chair. A Member who is not at the Council table when the Chair calls for a vote shall not
be entitled to vote.
13.7 Recorded Vote
Any Member may request a recorded vote immediately before or after the taking of a
vote, following which:
(1) the Clerk shall call by name the Members present in starting with the Member
requesting the recorded vote and alphabetical thereafter each Member present
who is not disqualified from voting by statute or this By-law shall announce their
vote openly, in the order set out above; and the Clerk shall record each Member's
vote in favour or against the question; and
(2) after completion of the recorded vote the Clerk shall announce the results.
13.8 Motions
(1) Motions shall be debated in the order of their presentation on the Agenda.
(2) Members of Council, the Clerk and other officers may introduce matters to be dealt
with by motion, subject to the notice provisions in this By-law.
(3) A motion for introducing a new matter shall not be presented without notice unless
Council, without debate, dispenses with such notice by a two-thirds vote of the
Members present.
(4) Every motion, amendment to a main motion, or amendment to an amendment
must be formally moved and seconded before the Chair can put the question to
Council for a vote, and prior to any discussion on the question.
(5) A motion properly before the Council for consideration must receive disposition
before any other motions can be received, unless it is a motion to amend, to refer
to staff for report, to defer indefinitely or to a specified time, to adjourn the
meeting, or that the vote be taken.
13.9 Motion - Request for Reading
Prior to the taking of a vote, a Member may require the question or motion under
discussion to be read at any time during the debate but not so as to interrupt a Member
who is speaking.
13.10 Motions Introduced Orally
The following matters may be introduced orally, without written notice and without
leave:
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a)
a point of order
b)
a motion to amend
c)
a motion to refer, including to Closed Session
d)
a motion to table the question
e)
a motion to vote on the question
f)
a motion to suspend the rules of procedure
g)
a motion to recess
h)
a motion to adjourn
13.11 Notice of Motion
(1) Notice of all new motions, except motions listed in Section 13.8, shall be given in
writing and delivered to the Clerk prior to the seven (7) working days preceding
the date of the Council meeting at which the matter is to be considered. Such
notices shall be included in the Agenda for that meeting under the item "Notice of
Motion".
(2) A notice of motion, in writing, may also be received by the Clerk prior to the closing
of the meeting and in this event, the Chair or Clerk shall read the notice of motion
and it shall be duly recorded in the minutes without debate, and shall form Section
of the Agenda for the subsequent meeting under the item "Notice of Motion".
(3) The presentation of a notice of motion does not require a mover or seconder until
it comes before a meeting for debate.
(4) A motion for which notice was given in accordance to this By-law must be moved
or seconded at the meeting on which it appears on the Agenda for debate.
(5) A notice of motion must be presented in the appropriate motion format on a
"Notice of Motion Form". Forms are available at the municipal office or may be
emailed upon request.
13.12 Motion to Suspend Notice Requirements
A motion may be introduced without notice, if Council, without debate, dispenses with
notice, on the affirmative vote of a two-thirds of the Members present and voting.
13.13 Motion to Withdraw
Once the motion is proposed and seconded, but before the Chair states the motion, it
belongs to the proposer; the motion may be withdrawn or modified without the
permission of Council.
Once a motion has been stated, it shall be deemed to be in possession of Council, but
at any time, the Member who moved it may request to withdraw the motion before a
decision or an amendment. If there is no objection, the motion is withdrawn with general
consent. If there is an objection, anyone may second the motion to withdraw and the
Chair takes a vote.
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13.14 Motion to Amend
Only one amendment at a time can be presented to a main motion, and only one
amendment to an amendment can be presented. A motion to amend shall:
(1) be made only to a previous question or to amend an amendment to the question;
(2) be relevant to the motion;
(3) be moved and seconded;
(4) be put to a vote in the reverse order to that which it is moved;
(5) not be in order if, in essence, it constitutes a rejection of the main question.
13.15 Motion to Refer
(1) A motion to refer the question should include:
a)
the name of the body or official to whom the question is to be referred;
b)
instructions respecting the terms upon which the question is to be referred;
c)
a timeframe by which it shall be considered by Council, if a staff report is
requested.
(2) A motion to refer the question shall not be debatable except where instructions are
included, in which case, only the instructions shall be debatable.
(3) A motion to refer a question may be amended in accordance with the provisions
of Section 13.14.
13.16 Motion to Postpone
A motion to postpone shall:
(1) include a fixed date for the question to come back before Council for consideration;
(2) be made while the main motion or an amendment is on the floor, and takes
precedence over that motion or amendment;
(3) be debated; however, the debate must be limited to the advisability of the
proposed postponement;
(4) only be amended to change the length of the postponement;
13.17 Motion to Adjourn or Motion to End Debate
A motion to adjourn the Council or to end the debate (Call the Question) shall always
be in order, except:
(1) when a Member is speaking;
(2) during the taking of a vote;
(3) immediately following the affirmative resolution of a motion that a vote on the
question now be taken;
(4) when a Member has already indicated to the Mayor or Chair, that he or she desires
to speak on the question;
(5) when resolved in the negative, cannot be made again until Council has conducted
further proceedings.
13.18 Motion to Reconsider
(1) Council may not reconsider a decision for a period of one (1) year following the
decision.
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(2) A motion to reconsider a decided matter shall only be moved by a Member who
voted with the majority on the original motion.
(3) No motion to reconsider a decided matter shall be in order when the 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.
(4) A motion to reconsider a decided matter at the same meeting shall require the
approval of two-thirds support of the whole Council that is present.
(5) A motion to reconsider a decided matter at the next scheduled meeting shall
require the approval of a majority of Council that is present.
(6) A motion to reconsider is not amendable and debate must be confined to reasons
for or against reconsideration. However, the mover of a motion to reconsider may
provide a brief and concise statement outlining the reasons for proposing such
reconsideration.
(7) If the action approved in the motion cannot be reversed, the motion cannot be
reconsidered
(8) Each Member of Council shall be responsible for making a determination on how
the Member voted on a specific matter. The Clerk shall not record or note in the
minutes how a Member votes unless a request for a recorded vote has been made.
(9) In the event of a resolution that is defeated due to a tie vote, the resolution shall
be considered defeated.
(10) When a motion to reconsider is brought before a succeeding Council, it shall be
deemed to be new business, and not a matter of reconsideration.
13.19 Order of Precedence
Where a motion is under consideration, no motion shall be received except a motion
having precedence, in the following order:
(1) to adjourn
(2) to recess
(3) to request information
(4) to request that the vote be taken (call the question)
(5) to limit or extend the debate
(6) to postpone (to another meeting, date, indefinitely)
(7) to refer (to another committee, administration)
(8) to amend
13.20 Non-Debatable Motions
(1) To adjourn
(2) To close, limit or extend debate
(3) To lay on the table (to table)
(4) Questions of privilege
(5) To suspend the rules
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13.21 Motions Proposing Actions Beyond Jurisdiction of Council (ultra vires)
A motion in respect of a matter which is beyond the jurisdiction or legislative authority
of Council shall not be in order.
Section 14 - Points of Order
14.1 Points of Order
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. The minutes will reflect the Point of Order, and
the Chair's ruling.
14.2 Violation of Rules of Procedure
When a Member wishes to call attention to what the Member believes to be a violation
of the rules of procedure, the Member shall, when once recognized by the Chair, raise
the point of order.
14.3 Member Speaking to Yield the Floor
When a Point of Order is acknowledged by the Chair, any Member speaking at the time
shall cease doing so until the point has been dealt with.
14.4 Brief Explanation - Ruling
On raising the point of order, a Member shall state the point of order with concise
explanation and the Chair shall rule upon the point of order.
14.5 Appeal of Ruling
The Chair's ruling shall be final, unless a Member immediately appeals the ruling of the
Chair (challenges the Chair) as follows:
a)
the Member appealing shall state the reasons for the appeal;
b)
the Chair may offer reasons in favour of upholding his or her ruling; and
c)
the Members shall vote on the appeal without debate.
14.6 Results of Appeal
If the appeal is upheld, then the Chair shall change his/her ruling accordingly or if the
appeal is rejected, then the Chair's ruling stands and no further avenues of appeal are
allowed.
Section 15 - Conduct at Meetings
15.1 Council Code of Conduct
All members of Council shall comply with the Council Code of Conduct.
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15.2 Conduct of Members
As standard meeting decorum all Members shall:
(1) refrain from speaking aloud, or address Members without first receiving
permission of the Chair;
(2) not use indecent, offensive, or insulting expressions, at any time, toward other
Members, Members of the administration, delegations or Members of the public;
(3) not use any electronic devices (cell phone, computer, etc.) to communicate to
other Members or the Public during the course of the meeting;
(4) not speak in a manner that is discriminatory in nature based upon an individual's
race, ancestry, place of origin, ethnic origin, creed, gender, sexual orientation,
age, colour, marital status or disability;
(5) speak only to the subject under debate;
(6) not criticize any decision of the Council except for the purpose of moving in
accordance with the provisions of Section 13.17, that the question be
reconsidered; and
(7) not leave their seat, or make any noise or disturbance while a matter is being
considered or discussed by Council; while a vote is being taken or until the
results are declared;
(8) not enter a meeting while a vote is being taken;
(9) not disturb another Member, staff or guest, or conduct themselves in a disorderly
manner disturbing the speaker or the assembly;
(10) not interrupt any Member while speaking by speaking out, making noise or
creating a disturbance except to raise a point of order;
(11) not leave a meeting without first obtaining permission from the Chair;
(12) obey the rules of the Council or a decision of the Chair, or Council, on a Question
of order, or upon the interpretation of the Rules of Council.
15.3 Consequence of Breach of Conduct - Members
A Member who is called to order shall immediately cease to speak. Any Member
persisting in a breach of this by-law may be ordered to leave the meeting by the
Chair.
In the event that a Member persists in a break of the Procedure By-law after having
been called to order by the Mayor or Chair:
a) The Chair shall, without debate, call the question "Shall the member be ordered
to leave the meeting for the duration?"
b) If Council decides by a majority vote in the affirmative, the Chair shall order the
member to leave the meeting, for the duration.
c) If the member apologizes, the Chair, with the approval of Council, may permit
the individual to return to the meeting.
d) If a member does not leave the meeting after being ordered to do so by the
Mayor or Chair, and if they do not apologize, then the Chair shall for a second
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time, without debate, call the questions "Shall the member be ordered to leave
their seat/the chambers for the duration of the meeting?"
e) If Council decides by a majority vote in the affirmative, and the individual does
not leave, the Mayor shall direct the Clerk to seek appropriate assistance from
the local Police Service. Alternatively, if the Member is participating
electronically, the Mayor shall direct the Clerk to eject the individual from the
meeting.
15.4 Apology
The Member will be permitted to retake his/her seat provided the Member has
apologized to Council.
15.5 Conduct of Members of the Public
No person at a meeting shall:
(1) speak aloud at a meeting or address Members without first receiving
permission of the Chair to do so;
(2) speak disrespectfully of any persons;
(3) use profane or offensive words or insulting expressions against the Council
or Committee or against any Member, staff or guest;
(4) resist the rules of Council or disobey the decisions of the Chair or of Council
or Committee on questions of order or practice or upon the interpretation of
the rules of Council;
(5) leave their seat or make any noise or disturbance while a matter is being
considered or discussed by Council while a vote is being taken, and until the
results of such vote are declared;
(6) disturb the Council, staff, delegations, or the public by any disorderly
conduct disconcerting to the speaker or the assembly;
(7) interrupt any Member who is speaking, by speaking out, noise or
disturbance;
(8) attend another meeting of Council after being ordered to vacate, if they
committed a breach of any rule of conduct until such time as they satisfy
the Mayor, Chair or CAO that their conduct at future meetings will be in
conformity to the rules of this By-law.
The Mayor or Chair may expel any member of the public from a meeting for improper
conduct. The Mayor or Chair may adjourn a meeting if they deem there is a need to
do so, for safety reasons. All members of the public, staff and Council shall vacate the
Chambers.
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Section 16 - By-Laws
16.1 By-laws - Agenda
The proposed by-law title and reference shall be listed on the Council Agenda, and a
copy of the By-law may be included in the Agenda.
16.2 Enactment of By-laws
Every By-law:
(1) When introduced, shall be in printed format and shall contain no blanks except
such as may be required to conform to accepted procedures or to comply with
the provision of any Act. Each By-law shall be complete with the exception of the
signatures of the Mayor and Clerk.
(2) Shall deemed to have three readings prior to being passed.
(3) The Clerk shall set out on all By-laws enacted by Council, the date of the reading
thereof.
(4) Which has been enacted by the Council shall be numbered and dated and shall
be sealed with the seal of the Corporation and signed by the Chair and the Clerk
and shall be deposited by the Clerk for safe-keeping.
(5) A draft By-law may be presented in writing to Council for discussion and
amendments if required prior to its passing at a Council meeting.
16.3 Enactment of By-laws - Date
The Clerk shall set out on all By-laws enacted by Council, the date of the reading
thereof.
16.4 Request to be Read
A majority of Council present may request that the Chair read a By-law or By-laws for
clarification or benefit of the public. If reading is not required, all By-laws will be
considered to have been read.
16.5 Amendments to By-laws
All amendments to a By-law shall be presented in the form of a resolution and shall be
voted on before the By-law is ordered for the third reading. The Clerk shall be
authorized to prepare the By-law, as amended, for execution.
16.6 Adoption of By-laws
Once a By-law has been adopted, it shall be signed by the Mayor/Deputy Mayor and
the Clerk/Deputy Clerk, and the corporate seal shall be affixed to every By-law duly
passed.
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16.7 Notification of Enactment of a By-law
Notwithstanding the foregoing, when the requirements of any Provincial legislation
requires that notification be given of Council's intention to enact a By-law, the Chair
shall notify persons who are present at the meeting that they may make
representation on the proposed by-law during Council's hearing of Delegations.
16.8 Amendment to a Zoning Bylaw
When the Council amends a proposed zoning By-Law after the holding of a Public
Meeting 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.
The question of whether or not any further notice is to be given shall be amendable and
debatable.
The proposed Zoning 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.
16.9 Confirmation By-law
The proceedings shall be confirmed by By-law at every Regular and Special Meeting so
that every decision of the Council at that meeting, and every Resolution passed at that
meeting, 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.
Section 17 - Committees of Council
17.1 Establishment of Committees of Council
Council may, from time to time, establish a Committee of Council or Advisory
Committee or Ad-Hoc Committee, in response to specific issues requiring short-term or
long-term attention.
17.2 Appointment and Operation of Committees of Council
All policies and procedures for appointment and operation of any Committees of
Council or Advisory Committees shall be at the discretion of Council.
17.4 Composition of Committee
May be comprised of Council Members, ratepayers, staff, professionals, etc. The
Mayor shall be an ex officio Member of each Committee. All Members shall be
appointed by resolution of Council.
17.5 Vacancy on Committee
Should there be any vacancy on a Committee during the Term; Council may fill that
vacancy for the period remaining of the Term of Council.
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17.6 Member of Council Liaison
The Member of Council appointed as a liaison for each Board, authority and/or
Committee is required to attend meetings, take part in Committee and Sub-Committee
meetings, and report to Council.
17.7 Meeting Attendance by Members of Council
Any Members of Council may attend the meetings of any Committee, but shall not be
allowed to vote; nor may they take part in any discussion or debate except by
permission of the majority of the Members of the Committee. Only Council members
appointed to the Committee can vote.
17.8 Discontinuation of Committee
Council may, at any time, discontinue any Committee referred to in this Section or
replace any Committee Member by resolution.
17.9 Committee Minutes
The Minutes of a Committee of Council shall be received by each respective
Committee and shall be forwarded by the Recording Secretary in a timely manner to
the Clerk for the Council agenda to be received as information.
17.10 Appointment to Boards, Authorities and Committees
Council may from time to time appoint Members of Council, staff, ratepayers,
professionals, etc. to represent the Township on such external boards, authorities and
committees to deal with specific issues, and report to Council.
17.11 Appointments to Various Boards, Committees, Special Purpose Bodies
and other Statutory Positions
All Council appointments to various Boards, Committees, Special Bodies and other
statutory positions shall be made at the required time by resolution of Council except
where specifically required by By-Law.
Section 18 - Role of Council
18.1 Role of Council (S 224, Municipal Act, 2001, c 25 as amended)
(1) It is the role of Council,
(a) to represent the public and to consider the well-being and interests of the
municipality;
(b) to develop and evaluate the policies and programs of the municipality;
(c) to determine which services the municipality provides;
(d) to ensure that administrative policies, practices and procedures and
controllership policies, practices and procedures are in place to implement
the decisions of council;
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(d.1) to ensure the accountability and transparency of the operations of the
municipality, including the activities of the senior management of the
municipality;
(e) to maintain the financial integrity of the municipality; and
(f) to carry out the duties of council under this or any other Act.
(2) Members of Council shall come prepared to every meeting by having read all the
material supplied, including agendas and staff reports, to facilitate discussion and
the determination of action at the meeting. Whenever possible, the Members shall
make inquiries of staff regarding materials supplied, in advance of the meeting.
(3) No Member of Council shall have the authority to direct or interfere with the
performance of any work for or by the Township.
Section 19 - Role of the Head of Council (Mayor)
19.1 Chair - Council Meetings
The Mayor shall be the Chair at Council meetings.
19.2 Role of the Head of Council (Mayor) (S 225, Municipal Act, 2001, c 25
as amended)
(1) It is the role of the Head of Council:
(a) to act as chief executive officer of the municipality;
(b) to preside over council meetings so that its business can be carried out
efficiently and effectively;
(c) to provide leadership to the council;
(c.1) without limiting clause (c), to provide information and recommendations to
the council with respect to the role of council described in clauses 224 (d)
and (d.1);
(d) to represent the municipality at official functions; and
(e) to carry out the duties of the head of council under this or any other Act.
19.3 Head of Council Substitution (S 226, Municipal Act, 2001, c 25 as
amended)
A municipality may, with the consent of the Head of Council, appoint a member of
Council to act in the place of the Head of Council on any body, other than on the
Council of another municipality, of which the Head of Council is a member by virtue of
being Head of Council.
19.4 Head of Council as Chief Executive Officer (S 226.1, Municipal Act,
2001, c 25 as amended)
As chief executive officer of a municipality, the head of council shall,
(a) uphold and promote the purposes of the municipality;
(b) promote public involvement in the municipality's activities;
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(c) act as the representative of the municipality both within and outside the
municipality, and promote the municipality locally, nationally and internationally;
and
(d) Participate in and foster activities that enhance the economic, social and
environmental well-being of the municipality and its residents.
19.5 Ex- Officio - Committees
The Mayor shall be an ex-officio Member of all Committees of Council, Advisory
Committees and Ad-Hoc Committees and shall be entitled to vote as a Member of such
Committees.
19.6 Absence of Mayor - Appointment of Deputy Mayor
In the absence of the Mayor for an extended period of time or if the office is vacant,
the Deputy Mayor shall be appointed for the term of Council, by By-law, to act as the
Head of Council and while so acting such Member has all the powers and duties of the
Head of Council.
19.7 Temporary Vacancy - Member of Upper-Tier Council
(1) If a person who is a member of the councils of a local municipality and its upper-
tier municipality is unable to act as a member of those councils for a period
exceeding one month, the local council may appoint one of its members as an
alternate member of the upper-tier council to act in place of the member until
the member is able to resume acting as a member of those councils.
(2) If the offices of a person who is a member of council of both a local municipality
and its upper-tier municipality become vacant and the vacancies will not be filled
for a period exceeding one month, the local council may appoint one of its
members as an alternate member of the upper-tier council until the vacancies
are filled permanently.
19.8 Absence of Mayor - Deputy Mayor to Chair
In the case where a quorum is present and the Mayor has not attended within fifteen
minutes after the time appointed, the Clerk shall call the Members to order, and the
Deputy Mayor shall assume the Chair during the meeting for as long as the Mayor is
absent.
19.9 Absence of Deputy Mayor - Appointment of Chair
In the event the Deputy Mayor is also absent, the Members shall nominate and elect a
Chair among the Members present who shall preside during the meeting for as long as
the Deputy Mayor is absent.
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Section 20 - Duties of the Chair
20.1 Duties of the Chair
It is the duties of the Chair:
(1) To open the meeting by taking the Chair and calling the Members to order;
(2) To announce the business before the Council or Committee in the order in which
it is to be acted upon;
(3) To receive and submit, in the proper manner all motions presented by the
Members;
(4) To put to a vote all questions which are moved and seconded or which
necessarily arise in the course of the proceedings, and to announce the results of
such vote;
(5) To decline to put to a vote motions which infringe upon the rules of procedure;
(6) To enforce on all occasions the observance of order and decorum among the
Members and guests;
(7) To call by name any person persisting in breach of the rules of order of the
Council or Committee thereby ordering the person to vacate the Council Chamber
or other place of meeting, as the case may be;
(8) To authenticate by signature all By-laws, resolutions and minutes of the Council;
(9) To inform the Council or Committee when necessary, or when referred to for the
purpose, on a point of order;
(10) To represent and support the Council, declaring its will and implicitly obeying its
decisions in all things;
(11) To ensure that the decisions of Council are in conformity with the laws and By-
laws governing the activities of the Municipal Corporation and Committees;
(12) To order any person or group in attendance at the meeting to cease and desist
any behaviour which disrupts the order and decorum of the meeting;
(13) To expel from a meeting any person or group who continues to disrupt the
meeting after being so warned and who engages in improper conduct;
(14) To call a 5 minutes rest period when deemed appropriate;
(15) To adjourn the meeting without question in the case of grave disorder arising in
the Council Chamber or other place of meeting, as the case may be;
(16) To adjourn the meeting without question in the case of any person or group who
refused to vacate the place of meeting after being ordered to do so by the Chair.
Section 21 - Duties of the Chief Administrative Officer
21.1 Appointment of Chief Administrative Officer (S 229, Municipal Act,
2001, c 25 as amended)
The Chief Administrative Officer is appointed by By-law and is responsible for:
(a) Exercising general control and management of the affairs of the municipality for
the purpose of ensuring the efficient and effective operation of the municipality;
and
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(b) Performing such other duties as are assigned by the municipality.
21.2 Reports Coordinated through Chief Administrative Officer
All reports and recommendations of Department Heads shall be coordinated through
the Chief Administrative Officer, in consultation with the Clerk.
21.3 Duties of the Chief Administrative Officer
(1) Assist the Council to discharge its responsibilities and, in a non-partisan manner, to
aid Council Members to carry out their duties;
(2) Attend Council and Closed Session meetings, to speak but not to vote; and to
attend meetings of any other Committees as they see fit;
(3) Exercise general control and management of the affairs of the municipality for the
purpose of ensuring the efficient and effective operation of the municipality.
Section 22 - Duties of the Clerk
22.1 Duties of the Clerk (S 228, Municipal Act, 2001, c 25 as amended)
A municipality shall appoint a clerk whose duty it is:
(a) To record, without note or comment, all resolutions, decisions and other
proceedings of the council;
(b) If required by any member present at a vote, to record the name and vote of
every member voting on any matter or question;
(c)
To keep the originals or copies of all by-laws and of all minutes of the
proceedings of the council;
(d) To perform the other duties required under this Act or under any other Act;
(e) To perform such other duties as are assigned by the municipality.
22.2 Other Duties of the Clerk
The other Duties of the Clerk include:
(1) Attend all meetings of Council/Closed Session and to record the proceedings of
all such meetings, in addition to any required clerical support staff;
(2) Provide notice of each regular and special meeting of Council or Committee,
together with the agenda and all matters so far as are known to be sent to each
Member of Council;
(3) Keep in the office of the Clerk or in a place appointed for that purpose for the
time period referenced in the Township's Records Retention By-law any recording
made of Council and or Public Meeting proceedings;
(4) Forward a copy of all resolutions, enactments and orders of the Council and
Committees to those concerned in order to provide notice;
(5) Make such minor clerical, typographical or grammatical deletions, additions or
other changes in form to any By-law, motion, resolution and/or minutes as may
be required for the purpose of ensuring correct and complete implementation of
the actions of Council;
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(6) Forward, by way of delegated authority, housekeeping or consolidations By-laws
directly to Council for consideration;
(7) Be a Municipal Officer for the Corporation of the Township of Alnwick/Haldimand.
Section 23 - Proclamations
23.1 Proclamations
(1) Council recognizes the symbolic gesture of endorsing special days, weeks, or a
month in support of various community groups and their causes.
(2) The Township shall not subsidize any costs related to proclamation advertising.
The sponsoring organization requesting a proclamation shall be responsible for all
publicizing and shall bear the entire cost of same. The Township may include the
proclamation on the Township bulletin board under "Proclamations for the Month
of..."
(3)
(4) Council, having delegated the administration of proclamations, shall not hear
delegations related to proclamation requests.
(5) Each organization shall be responsible for making arrangements for the attendance
of the Head of Council or Councillors at a specific function or event.
Section 24 - Amendments and Enactments
24.1 Severability
If a court of competent jurisdiction should declare any Section or Section of a Section
of this By-Law to be invalid, such Section or Section of a Section shall be construed as
having persuaded or influenced Council to pass the remainder of this By-Law and it is
hereby declared that the remainder of this By-Law shall be valid and shall remain in
force.
24.2 Repeals
By-Law Numbers 03-2019; 125-2019; 25-2020; 70-2020; 85-2020; 105-2020; 59-2021;
and 77-2022, 96-2023 are hereby repealed.
24.3 Enactment
That By-Law No. 110-2023 shall come into full force and effect on the 12th day of
December, 2023.
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Appendix "A" - Request for Delegation Form
Person(s) to Appear:
__________________________________________________________________
Preferred Date: _________________
Alternate Date:_______________________
Name:
Title/Organization:
Telephone
(Bus.)
(Res.)
Email:
General Outline of Subject Matter (10 Minutes allotted for Delegation):
Written submission together with handouts or material submitted with request:
Person requesting appearance (if different from those appearing):
Name
Title/Organization
Telephone
(Bus.)
(Res.)
Email:
I require a
projector
laptop
**
Anyone who submits a Microsoft PowerPoint presentation with their request will be required
to provide an electronic version 48 hours in advance of the meeting, to the Clerk's
Department.
__________________________________
________________________________
Date Submitted
Signature of Person Requesting Appearance
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Reminder:
A written/signed letter, handouts or materials must be provided to the Clerk's Department
with this form. Additional material may be circulated / presented at the time of the
delegation, if authorized by the Clerk. Scheduling will be at the discretion of the Clerk, and
will be confirmed.
Appendix "E"
Disclaimer:
Please note that submission of this form does not guarantee the approval of
your request for a delegation. In addition, all information submitted will be considered to
be public information and therefore subject to full disclosure, under the Municipal
Freedom of Information and Protection of Privacy Act (MFIPPA).
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Section 11 - Delegations (Excerpt from Procedure By-law)
11.1 Delegation - Request
Any person who wishes to appear before Council shall submit a "Request for Delegation"
form at least twelve (12) days preceding the Meeting. The form, together with all
written material, shall be submitted with the Delegation Request form. The CAO and the
Clerk may make a determination to defer a delegation to a subsequent meeting, or,
refer the matter to the appropriate Department Head.
11.2 Delegation - Reply from Staff
The Clerk (or their designate) shall reply to delegation requests in writing or by
telephone, as time permits, indicating approval, refusal, deferral or referral of the
delegation and the reasons.
11.3 Delegation Time Limits
(1) A maximum of ten (10) minutes shall be allotted for each delegation. A five (5)
minute extension to speak may be decided, without debate, by a majority of
Council/Committee Members present. A maximum of two (2) persons are
permitted to address the Members for each delegation. Delegations are not to
repeat information presented by an earlier delegation. The time limits shall be
strictly enforced.
(2) Presentations such as consultant's reports or deputations which are made at the
request of Council (i.e., County employees, Boards, Agencies, etc.) are not
considered to be the same as Delegations, and are not subject to the time limit
referenced in 11.3(1).
(3) Upon the completion of a delegation, any discourse between Members and the
delegation shall be limited to Members asking questions for clarification and
obtaining additional, relevant information. Members shall not enter into debate
with the delegation regarding the presentation.
11.4 Delegations - Limit per Meeting
A maximum of three (3) delegations shall be allowed at any meeting. The Clerk, in
consultation with the CAO, may reduce the number of delegations based on the nature
of the delegations and Council meeting time restrictions.
11.5 Delegation - Conduct
Delegations shall abide by the Conduct at Meetings set out in Section 15 and shall:
(5) Only speak on the subject for which they have received approval;
(6) Refrain from cross debate with other delegations, staff, Members, or the Chair;
(7) Refrain from public outbursts, shouting, or behaviour intended to disrupt the
discussion and/or general proceedings of the meeting;
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(8) Not appear for the purpose of publicly announcing a local event; and
11.6 Delegation - Restrictions
The Chair may restrict any delegation, any questions of a delegation, or debate during
a delegation, for disorder or any other breach of this By-law and, if the Chair rules that
the delegation is not in compliance with this By-law, the person or persons appearing
shall withdraw from the delegation table, and the decision of the Chair shall not be
subject to challenge.
11.7 Delegation - Refusal
The Clerk may refuse delegations that are not permitted under the following
circumstances:
(7) The request is not submitted within the time required (Section 11.1);
(8) Written handouts or materials for use were not provided with the delegation
request;
(9) The subject matter has already been discussed within the past twelve (12) months;
(10) The subject matter is deemed to be beyond the jurisdiction of Council;
(11) The issue is specific to a labour/managerial dispute, or other matter properly held
in Closed Session;
(12) Council has previously made a decision on the issue, within the previous twelve
(12) months.
11.8 Delegation - Reason for Refusal
In the event a delegation request is refused, the Clerk, in consultation with the CAO,
shall provide to the person(s) in writing, with a copy to Council, the reasons for the
refusal.
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Appendix "B" - Notice of Motion Form
In accordance with Section 13.11 - Notice of Motion of the Township of
Alnwick/Haldimand Procedure By-law,
Member of Council ___________________________________(print name)
Hereby files a Notice of Motion to be included on the Agenda for the next meeting of
Council, which is scheduled to be held on:
________________________20_____________
Subject:
And which Notice of Motion reads as follows:
COUNCIL MEMBER:___________________________
(Signature)
CLERK'S USE ONLY
Date received: ________, 20______
Time received: _________________
Notice of Motion Given, ___________, 20______
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Appendix "C" - Complaint Intake Form
COMPLAINT INTAKE FORM
MUNICIPAL CLOSED MEETING INVESTIGATION
IN ACCORDANCE WITH
Section 239 of the Municipal Act, 2001 (as amended)
PLEASE FORWARD COMPLETED FORM IN A SEALED ENVELOPE MARKED
"PRIVATE AND CONFIDENTIAL" TO:
Township of Alnwick/Haldimand
10836 County Road 2, PO Box 70
Grafton ON K0K 2G0
Attention: Clerk
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Complainant's Name
Address
Telephone
Home
Work
Cell
Email
PLEASE NOTE: PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE MUNICIPAL ACT,
2001 (AS AMENDED) AND WILL BE USED BY THE MUNICIPAL INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE
ACT.
Background
This should provide as much information as is required to explain the nature and
background of the particular occurrence (i.e. reason provided for closed meeting
session; reason for complaint; Municipal Contact; Municipal Explanation).
Name of Municipality The Corporation of the Township of Alnwick/Haldimand
Date of Closed
Meeting
Municipal Contact
Name
Clerk
Telephone
(905) 349-2822 ext. 25
PLEASE PRINT
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Action
Note any actions you have taken to try to resolve the matter.
Summary/Additional
Comments
_____
Signature of Complainant
Date of Signature
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Appendix "D" - Declaration of Interest Form
Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50
Agenda:
Council
Committee
Other
Date:
Details:
Subject Matter:
Item Title:
Item No.
Applicant signature/certification:
I, Member
, declare a potential
deemed/ direct indirect pecuniary interest on the above noted
Council/Committee agenda item
for the
following reason:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Councillor Name:
Councillor Signature:
_____
Date:
- For an "indirect pecuniary interest" see Section 2 of the Municipal Conflict of Interest
Act.
- For a "deemed" direct or indirect pecuniary interest see Section 3 of the Municipal
Conflict of Interest Act.
- This document shall be available for public review.
The Corporation of the Township of Alnwick/Haldimand
By-law No. 87-2024
Being a By-Law to Amend By-law No 110-2023 - Procedure By-law
Whereas Section 238(2) of the Municipal Act, 2001 requires that every Council and
local board adopt a procedure by-law for governing the calling, place and proceedings
of meetings; and
Whereas Section 238(2.1) of the Municipal Act, 2001, requires that the procedural by-
law provide for public notice of meetings; and
Whereas the Council of the Corporation of the Township of Alnwick/Haldimand
directed staff at the November 12, 2024 Regular Council Meeting to incorporate
Committee of the Whole meetings into the Township's governance structure; and
Whereas the Council of the Corporation of the Township of Alnwick/Haldimand now
deems it advisable to amend By-law 110-2023, The Procedure By-law, to provide for
the authorisation and inclusion of Committee of the Whole Meetings; and
Whereas Public notice of intent to pass a by-law respecting the calling, place and
proceedings of meetings was posted to the Township's social media on November 20,
2024, as required per By-law 61-2020.
Now Therefore Be It Enacted as a By-law of the Council of the Corporation of the
Township of Alnwick/Haldimand as follows:
1.
THAT Schedule 'A' of By-law 110-2024 be amended as follows:
i
Section 1.11: To be amended to read:
Committee means Committee of the Whole, a Committee of Council,
an Advisory Committee or an Ad-Hoc Committee, which has been duly
appointed to deal with a specific matter and provides advice and/or
recommendations to Council.
ii
Section 1.26: To be amended to read:
Meeting Types
a) Emergency Council Meeting - Not withstanding any other provision
of this by-law, an Emergency Council meeting may be held without
written notice to deal with an emergency or an extraordinary
situation, provided that an attempt has been made by the Clerk, or
their designate, to notify the members about the meeting as soon
as possible. The only business to be dealt with at an Emergency
Meeting shall be business directly related to the emergency or
extraordinary situation.
b) Regular Council Meeting - see Item 41.
c) Public / "Statutory" Council Meeting - often relates to Planning
matters, but these may be called to consider specific items where
there is a legislated need to hold a public meeting.
d) Special Council Meeting - see Item 45.
e) Committee of the Whole - a less formal meeting of all members of
Council where recommendations are forwarded to Council for final
decision.
iii
Section 3.3 to be amended to read:
Council/Planning/Committee of the Whole Meetings - Time,
Date, Location
Council/Planning/Committee of the Whole meetings shall be held at the
Grafton Municipal Office, 10836 County Road 2, Grafton, ON, in the
Council Chambers, on the fourth Tuesday of each month at 9:30 a.m.
Council may, upon consultation with staff, hold meetings in the
evening. Council meeting dates may not fall on the prescribed days due
to statutory holidays or when municipal conferences conflict with the
prescribed dates. Proper notice shall be given, per the meeting
schedule that is posted on the Township's website.
iv
Section 8.1 Agenda Preparation to be amended to include:
c) Committee of the Whole
1. Call to Order
2. Territorial Land Acknowledgement
3. Disclosures of Pecuniary Interest & General Nature Thereof
4. Approval of Agenda
5. Delegations/Presentations
6. Development Services Reports
7. Protective Services Reports
8. Parks, Recreation & Facilities Reports
9. Public Works and Infrastructure Reports
10. Administration Reports
11. Adjournment
2.
THAT this by-law shall take effect upon its adoption.
That By-Law No. 87-2024 be read and deemed to be PASSED this 26th day of
November, 2024.
____________________
Mayor, John Logel
______________________
Clerk, Emily Cartlidge