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THE CORPORATION OF THE
TOWN OF COBALT
Office Consolidated
BY-LAW NO. 2022-25
Being a By-Law to govern the proceedings of
Council and Committee meetings in the Town of Cobalt
By-laws amending original Municipal By-Law No. 2022-25
By-Law No. 2023-11
April 18, 2023
Section 7.8.2(c)
Note:
This office consolidation has been prepared to assist the reader in understanding the
amendments to By-Law No. 2022-25
THE CORPORATION OF THE
TOWN OF COBALT
BY-LAW NO. 2022-25
Being a By-Law to govern the proceedings of
Council and Committee meetings in the Town of Cobalt
WHEREAS subsection 238 (2) of the Municipal Act, 2001 requires every Council and
local board to adopt a Procedure by-law for governing the calling, place and
proceedings of Meetings;
AND WHEREAS subsection 11 (2) of the Municipal Act, 2001 provides that upper and
lower tier municipalities may pass By-Laws respecting accountability and transparency
of the municipality and its operations and of its local boards and their operations;
AND WHEREAS it is Council's desire to follow a process of municipal governance that
reflects an open, transparent government;
AND WHEREAS Council, in the interest of good governance, recognizes a Procedure
By-law as a hallmark of accountability and transparency;
NOW THEREFORE BE IT RESOLVED THAT:
1. Council adopts By-Law 2022-25 being a By-Law to govern the proceedings of
Council and Committee meetings in the Town of Cobalt ;
2. That the Clerk of the Town of Cobalt is hereby authorized to make any minor
modifications or corrections of an administrative, numerical, grammatical,
semantically or descriptive nature or kind to the By-law and schedules as may be
deemed necessary after the passage of this By-Law;
AND FURTHER THAT Procedural By-law No. 2018-36, as amended be repealed;
TAKEN AS READ a first, second and third time and finally passed this 18th day of October
2022;
AND FURTHER THAT the said By-Law be signed and sealed by the Mayor and Clerk.
Mayor
Clerk
PROCEDURAL BY-LAW
2022-25
Procedural By-law 2022-25 - Page 2
Contents
1. Short Title ................................................................................................................. 5
2. Definitions ................................................................................................................. 5
3. General Provision ..................................................................................................... 8
3.1
Purpose .............................................................................................................. 8
3.2
Principles ............................................................................................................ 8
3.3
Suspension of Rules ........................................................................................... 8
4. Roles of Members ..................................................................................................... 9
4.1
Role of Council .................................................................................................... 9
4.2
Limits on Role of Individual Members of Council ................................................. 9
4.3
Limits on Committees ......................................................................................... 9
4.4
Role of Chair .................................................................................................... 10
4.5
Role of Deputy Mayor ....................................................................................... 10
4.6
Role of Members of Council.....................................................................10
5. Conduct at Meetings ............................................................................................... 12
5.1
Head Covering ................................................................................................. 12
5.2
Lunch Break ...................................................................................................... 12
5.3
Adjournment ..................................................................................................... 12
5.4
Use of Audio, Still Camera and Video Equipment (Electronics) ........................ 12
5.5
Rules of Debate ................................................................................................ 12
5.6
Breach of the Rules .......................................................................................... 13
5.7
Speaking Order and Limit ................................................................................. 13
5.8
Point of Order or Privilege ................................................................................. 14
5.9
Electronic Devices ............................................................................................ 15
5.10 Conduct of Public ............................................................................................. 15
5.11 Disorderly Conduct ........................................................................................... 15
6. Rules and Procedures for Council and Committee Meetings .................................. 16
6.1
Schedule of Meetings (Order of Business) - Council ....................................... 16
6.2
Schedule of Meetings (Order of Business) - Committees of Council ............... 16
6.3
Notice of Meetings ............................................................................................ 17
6.4
Meetings - Location, Date and Time ................................................................. 18
6.5
Quorum and Commencement of Meetings ....................................................... 18
6.6
Disclosure of Conflict of Interest ....................................................................... 20
6.7
Delegation / Deputation - Communication with Council .................................... 21
Procedural By-law 2022-25 - Page 3
7. Meetings ................................................................................................................. 21
7.1
Inaugural Meeting ............................................................................................. 21
7.2
Special Meetings .............................................................................................. 22
7.3
Joint Meetings (Section 236 (2) of the Municipal Act, 2001): ............................ 23
7.4
Emergency Meetings ........................................................................................ 23
7.5
Closed Meetings ............................................................................................... 23
7.6
Regular Meetings of Council ............................................................................ 25
7.7
Committee Meetings......................................................................................... 25
7.8
Ad-Hoc Committees (Working Groups) ............................................................ 26
7.9
Electronic Meetings .......................................................................................... 27
8. Reports from Municipal Officers ............................................................................. 28
8.1
Report Templates ............................................................................................. 28
9. Motions ................................................................................................................... 29
9.1
Filing a Motion .................................................................................................. 29
9.2
Filing a Notice of Motion ................................................................................... 29
9.3
Putting a Motion ............................................................................................... 29
9.4
Various Motions ................................................................................................ 30
9.5
Motions to bring a question before Council again ............................................. 32
9.6
Incidental Motions ............................................................................................ 34
10. Voting ...................................................................................................................... 34
10.1 Request to Call the Question ............................................................................ 34
10.2 Calling the Vote ................................................................................................ 34
10.3 Determining the Decision ................................................................................. 34
10.4 Counting the Vote ............................................................................................. 35
10.5 Recorded Vote ................................................................................................. 35
11. Minutes ................................................................................................................... 36
11.1 Preparing the Minutes ...................................................................................... 36
11.2 Adopting the Minutes ........................................................................................ 36
12. By-Laws .................................................................................................................. 37
12.1 Preparation of By-Laws .................................................................................... 37
12.2 Content of By-Laws .......................................................................................... 37
Procedural By-law 2022-25 - Page 4
12.3 Introducing and Passing By-Laws .................................................................... 37
12.4 Limitations on Debating the Motion .................................................................. 38
12.5 Upon Passage of a By-law ................................................................................ 38
12.6 Effective Date ................................................................................................... 38
12.7 Clerk's Authority to Make Minor Changes ........................................................ 38
13. Amendments to this By-law ..................................................................................... 39
14. Severability ............................................................................................................. 39
15. Appendices, Repeal and Enactment ....................................................................... 39
Schedule A - A Guide to Communicating with Council ................................................. 40
Procedural By-law 2022-25 - Page 5
1.
Short Title
1.1
This By-law shall be cited as the "Procedural By-law".
2.
Definitions
"Ad Hoc Committee (Working Group)" means a Committee created by Council with a
defined ending, to report directly to Council or Committee on a specific matter.
"Audio Communication" means a type of electronic communication which transmits
audio only without picture to the participant.
"Audiovisual Communication" means a type of electronic communication which
transmits both audio and video, allowing the participant to both hear and see the other
participants.
"By-Laws" mean laws created by the Municipality exercised by Council authority in
accordance to the Municipal Act, 2001.
"Chair" means the Mayor or Deputy Mayor of any Meeting of Council any meeting of a
Committee.
"Town Manager" means the Town Manager of the Corporation of the Town of Cobalt.
"Clerk" means the Clerk of the Corporation of the Town of Cobalt.
"Closed Meeting" means a meeting, or part of a meeting of the Council or a
Committee, which is closed to the public as permitted by the Municipal Act, 2001.
"Committee" means any "ad hoc" or other committee, sub-committee or similar entity of
which at least 50 per cent (50%) of the members are also members of council.
"Committee of the Whole" means the entire Council, sitting in a deliberative rather
than a legislative capacity, for informal debate and preliminary consideration of matters
awaiting legislative action.
"Conflict of Interest" means a direct or indirect interest within the meaning of the
Municipal Conflict of Interest Act, R.S.O. 1990, chapter M.50 as amended (MCIA), and
any successor legislation thereto.
Procedural By-law 2022-25 - Page 6
"Corporation" means The Corporation of the Town of Cobalt.
"Council" means the Town's elected representatives, comprised of the Mayor and
Councillors.
"Deputation / Delegation" means an individual/group who has submitted a request for
delegation to the Clerk within the prescribed timelines to address Council or Committee.
"Deputy Mayor" means the Councillor appointed to act in the absence of the Mayor in
accordance with this By-law.
"Electronic Meeting" means a meeting called and held via electronic means
(including, but not limited to, audio communication, audiovisual communication, or via
means of the internet).
"Emergency" means any period of time during which an emergency has been declared
to exist in all or part of The Corporation of the Town of Cobalt by the Mayor or all or part
of the Province under sections 4 or 7.0.1 of the Emergency Management and Civil
Protection Act, R.S.O. 1990, c. E.9;
"Emergency Management Act" means the Emergency Management and Civil
Protection Act, R.S.O. 1990, Chapter E.9, as amended;
"Ex-officio" means by virtue of office or position and carries with it the right to
participate fully in all committee meetings and to vote unless prohibited by law, but does
not count towards a quorum unless required.
"Holiday" means any holiday as defined in the Legislation Act, 2006, S.O. 2006, c. 21,
Sched. F. including any holiday as declared by the Government of Canada.
"Hybrid Meeting" means a meeting which is held both in-person and through
electronic participation, where members may choose to attend through either method.
"Local Board" means a local board of the Town as defined within the Municipal Act,
2001.
"Mayor" means the Head of the Council and includes the Deputy Mayor when acting in
place of the Mayor.
"Majority" means for the purpose of voting, more than half of the members of Council
or Committee present at the vote and not prohibited by statute from voting.
Procedural By-law 2022-25 - Page 7
"Meeting" means any regular, special or other meeting of a council, of a local board or
of a committee of either of them, where,
a.
A quorum of members is present, and
b.
Members discuss or otherwise deal with any matter in a way that
materially advances the business or decision-making of the council, local
board or committee.
"Member" means a Member of Council including the Mayor, or a Member of
Committee, including the Chair.
"Municipal Act" means the Municipal Act S.O. 2001, c. 25, as amended and any
successor legislation thereto.
"Municipal Conflict of Interest Act" (MCIA) means regulations under the Municipal
Conflict of Interest Act R.S.O.1990,c.M.50 as amended, and where Members shall
declare any pecuniary interest in common with electors within the area of jurisdiction
and/or where the matter under consideration affects only part of the area of jurisdiction.
"Public Meeting" means a portion of a meeting for either public hearings on a planning
matter, or a matter added to the already adopted Agenda to allow for free public
delegation.
"Quorum" means a majority of the Members present at a meeting.
"Recorded Vote" means the recording of the name and vote of every Member on any
matter or question. In the case of a Member who has declared a conflict of interest in
the matter or question, the minutes shall reflect the Members declaration and the
general nature thereof.
"Regular Meeting" means any regular Council or Committee meeting when a quorum
is present.
"Resolution" means a motion that has been carried.
"Special Meeting" means a meeting other than a regularly scheduled or rescheduled
meeting as outlined in the "Term of Council - Council and Committee Calendar" adopted
by Council, pursuant to the Act or the provisions of this By-law.
"Term of Office" means as defined in Section 6. of the Municipal Elections Act, 1996,
S.O. 1996, c. 32, Sched.
Procedural By-law 2022-25 - Page 8
3.
General Provisions
3.1
Purpose
3.1.1
The rules and regulations contained in this By-law shall be
observed in all meetings and shall be the rules and regulations for
the order and dispatch of business before Council, and
Committees.
3.2
Principles
3.2.1
Each Member of Council and Committee has the right to:
a.
One vote, subject to the declaration of conflict of interest;
b.
Information to help make decisions, unless otherwise
prevented by law;
c.
An efficient meeting; and
d.
Be treated with respect and courtesy.
3.2.2
In the event of conflict between the provisions of this By-law and
any standing or special rules of order adopted by Council or any
other legislation, the provisions of the Act or any other legislation
shall prevail.
3.2.3
Where procedural matters of Council or Committees of Council are not
provided for in this by-law and are not governed by the Municipal Act, 2001
and the Municipal Conflict of Interest Act, Robert's Rules of Order shall
apply.
3.2.4
No item shall be placed on an agenda with respect to a matter
which is not within the area of jurisdiction of Council or
Committee.
3.3
Suspension of Rules
3.3.1
No provision of this By-law shall be suspended except by a
majority two- thirds vote in the affirmative by the Members in
attendance at a meeting of Council for each incidence of
Procedural By-law 2022-25 - Page 9
suspension and shall not be debatable or amendable. The two-
thirds vote shall be rounded up to the next full number. When
unqualified, a "majority vote" is taken to mean more than half of
the votes cast.
3.3.2
The suspension shall only apply to the suspension of the
procedure(s) or rule(s) for the stated purpose and only during the
meeting in which such motion was introduced.
3.3.3
The following procedure(s) or rule(s) shall not be suspended:
a.
No additional business to be added to a previously called
special meetings.
b.
The requirement of a Majority of Members to make a
quorum.
3.3.4
No motion to suspend the rules is required to allow a new motion
to be presented without notice under New Business at a meeting.
However, the motion being presented shall require a two-thirds
vote.
4.
Roles of Members
4.1
Role of Council
4.1.1
Shall be to develop and evaluate policies but shall not include the
development of strategies to implement those policies.
4.2
Limits on Role of Individual Members of Council
4.2.1
No Member of Council or Committee has direct authority to
interfere or circumvent the performance of any work being
performed for the Town, by Town Administration or
Consultants.
4.3
Limits on Committee
4.3.1 No Committee shall have authority over a Town department.
Procedural By-law 2022-25 - Page 10
4.4
Role of Chair
4.4.1
The Chair shall preside over the conduct of a 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 meetings, subject to an appeal by any member from any
ruling of the Chair.
4.4.2
The Chair shall call meeting participants to order for behavior that
breaches the rules of decorum in accordance with the provisions
of this By-law. Where circumstances warrant, the Chair may
recess or suspend a meeting until order is restored and/or request
any participant persisting in a breach of decorum to leave the
meeting.
4.5
Role of Deputy Mayor
4.5.1
The role of the Deputy Mayor or Designate shall include the following:
a.
In the absence of the Chair, preside at meetings as the
acting Chair and while so acting shall have all the powers
and duties of the Chair with respect to the role of presiding
at the meeting;
b.
During a meeting of the Council, and at the request of the
Chair, take the Chair as the acting Chair and while so
acting shall have all the powers and duties of the Chair
with respect to the role of presiding at the meeting.
4.6
Role of Members of Council or a Committee
4.6.1
Members are responsible for:
a.
Attending scheduled meetings;
b.
Carefully considering and making decisions about meeting
business;
c.
Voting on motions put to a vote.
Procedural By-law 2022-25 - Page 11
4.6.2
Members shall:
a.
Govern themselves according to Council's Code of
Conduct in accordance with the Town's Procedural By-
law;
b.
Cooperate with the Chair in preserving order and decorum;
c.
Raise their hand in order to be recognized by the Chair.
d.
Comments shall be addressed though the Chair.
4.6.3
Members will not:
a.
Leave an ongoing meeting unless first advising the Chair;
b.
By conversation or otherwise, disturb, delay or disrupt the
conduct of business at the meeting;
c.
Interrupt another participant who is speaking, except to
raise a point of order or point of privilege;
d.
Use un-parliamentary, rude or offensive language, or
engage in un-parliamentary, rude or offensive conduct;
e.
By words, tone, manner of speaking, or gesture, express
any opinion or make any allegation that, directly or
indirectly, reflects upon the character of any person or
group of persons;
f.
Speak disrespectfully to or about another Member of
Council, Committee, Administration or the public;
g.
Engage in debate with citizens appearing as delegates or
presenters;
h.
Question the motives of another Council or Committee
Member;
i.
Fail to abide by the rules of Council or a decision of the Chair
on questions of order or practice or the interpretation of the
rules.
Procedural By-law 2022-25 - Page 12
5.
Conduct at Meetings
5.1
Head Covering
5.1.1
During the conduct of any meeting of the Council or Committee,
wearing of any hats, other than for religious purposes, are strictly
forbidden by any Member of the Council, or Administration.
5.2
Lunch Break
5.2.1
If a meeting progresses over the lunch hour, the Chair is
encouraged to take a recess of at least thirty (30) minutes to allow
Members and Staff to leave to eat their lunch. After the time
allotted has passed, the meeting shall reconvene to continue the
Agenda.
5.3
Adjournment
5.3.1
Council shall adjourn its meeting at 10:30 p.m. unless otherwise
voted on before that hour by two-thirds vote in the affirmative of
the Members present that the meeting be extended.
5.3.2
Only one motion to extend the automatic adjournment of 10:30
p.m., shall be permitted per meeting, and the maximum allowable
extension shall be no later than 11:00 p.m.
5.4
Use of Audio, Still Camera and Video Equipment (Electronics)
5.4.1
The use of audio, still camera or video recording equipment,
during a meeting, is permitted within the designated areas
providing it is not disruptive to the conduct of the meeting at which
the recording privileges are granted. All audio / camera / video
recordings recorded other than by the municipality under any
circumstances, shall not be deemed to be the official records.
Designated areas shall include the audience / public gallery
and/or the press table.
5.5
Rules of Debate
5.5.1
The Chair may state relevant facts and their position on any
matter before the Council without leaving the Chair, but shall not
be permitted to debate a question without first leaving the Chair.
Procedural By-law 2022-25 - Page 13
5.5.2
If the Chair wishes to take part in the debate of any matter before
Council or for any other reason, the Chair shall first relinquish the
Chair to the Deputy Mayor. In the absence of the Deputy Mayor
or should the Deputy Mayor decline to take part in the debate,
the Chair shall designate another Member to fill the seat until the
matter being debated has been disposed of, after which the
Chair shall continue chairing the meeting.
5.6
Breach of the Rules
5.6.1
If a Member persists in a breach of the rules of this By-law, after
having been called to order by the Chair, the Chair shall:
a.
Put the question "shall the Member be ordered to leave
their seat for the duration of the meeting?" and such a
question is not debatable;
b.
Should the Council or Committee decide the question in
the affirmative by a majority vote of the Members, the Chair
shall order the Member to leave their seat for the duration
of the meeting;
c.
Should the Member apologize, the Chair may, with the
approval of the majority of Council or Committee, permit
the Member to resume their seat;
5.7
Speaking Order and Limit
5.7.1
Council and Committee of the Whole Meetings
a.
Before a member may speak to any matter, they shall first
be recognized by the Chair.
b.
When two or more members indicate simultaneously that
they wish to speak, the Chair shall name the member who
is to speak first.
c.
Members speaking on a motion shall be limited to a
maximum of five minutes.
d.
Any Member, including the mover of the motion,
wishing to speak on the same item a second and
final time, may do so for a maximum of five (5)
Procedural By-law 2022-25 - Page 14
additional minutes, unless otherwise decided by
the Chair.
e.
When a Member is speaking to a Motion, they shall
confine their remarks to the Motion.
5.8
Point of Order and Point of Privilege
5.8.1
Point of Order (see Sec.10.6.1(b))
a.
A Member may raise a point of order at any time, the
Chair shall:
i.
interrupt the matter under consideration;
ii.
iii.
ask the Member raising the point of order to state
the substance of and the basis for the point of order;
and,
iv.
rule on the point of order immediately without
debate by Council or Committee of the
Whole.
b.
A Member of Council or Committee may appeal the ruling
of the Chair to Council or Committee which will then decide
on the appeal, without debate, by way of a majority vote of
the Members present. If there is no appeal, the decision of
the Chair shall be final.
5.8.2
Point of Privilege
a.
A Member may raise a point of privilege at any time if they
consider that their integrity, the integrity of Council or
the Committee as a whole or staff has been impugned, the
Chair shall:
i.
interrupt the matter under consideration;
iii.
ask the Member raising the point of privilege to state
the substance of and the basis for the point of
privilege;
iii.
rule on the point of privilege immediately without
debate by Council or Committee;
iv.
a Member of Council or Committee may appeal the
ruling of The Chair to Council or Committee;
Procedural By-law 2022-25 - Page 15
v.
if there is no appeal, the decision of the Chair shall be
final. The Council or Committee, if appealed to, shall
decide the question without debate and its decision
shall be final; and
vi.
where the Chair considers that the integrity of any
Town employee has been impugned or questioned,
the Chair may permit staff to make a statement to
Council or Committee.
5.9
Electronic Devices
5.9.1
Each Member of Council and Committee shall place all electronic
devices on an inaudible setting during any meeting except for "on
call/on duty" medical or emergency personnel
(Council/Committee or employees). Such personnel shall advise
the Chair and place their electronic devices on audible setting in
order to be notified and upon notification, leave the room to
respond.
5.9.2
No Member shall use an electronic device as a recording device
during any meeting.
5.9.3
No Member shall use an electronic device to broadcast or
otherwise publish or post audio, video or photographs of any
Meeting.
5.10 Conduct of Public
5.10.1 Members of the public who constitute the audience at a meeting
shall not:
a.
Address Council or Committee without prior permission
granted through the deputation process;
b.
Engage in any activity or behavior that may affect the
Council or Committee deliberations.
5.11 Disorderly Conduct
5.11.1 The Chair may request that any member of the Assembly be
expelled from the meeting in the event of disorderly conduct.
Procedural By-law 2022-25 - Page 16
6.
Rules and Procedures for Council and Committee Meetings
6.1
Schedule of Meetings (Order of Business) - Regular Council Meeting
6.1.1
The Agenda for Council shall be prepared using the following
headings:
a.
Call to Order
b.
Disclosure of Conflict of Interest
c.
Public Meetings
d.
Deputations/Delegation
e.
Adoption of the Agenda
f.
Adoption of the Previous Council Minutes
g.
Items for Council consideration
h.
Items for Council Information
i.
By-Laws and Agreements
j.
Other Business / Unfinished Business
k.
New Business
l.
Closed Meeting (if applicable)
m.
Business Arising from Closed Meeting (if applicable)
n.
Adjournment
6.2
Schedule of Meetings (Order of Business) - Committee of the Whole
6.2.1
The agenda for Committee of the Whole, shall be prepared
using the following headings:
a.
Call to Order
b.
Disclosure of Conflict of Interest
c.
Deputations
d.
Adoption of the Agenda
e.
Staff Reports
f.
Items for Council Consideration
g.
Items for Council Information
h.
Other Business / Unfinished Business
i.
New Business
j.
Closed Meeting (if applicable)
k.
Business Arising from Closed Meeting (if applicable)
l.
Adjournment
Procedural By-law 2022-25 - Page 17
6.2.2
The business of each meeting shall be taken up in the order in
which it stands on the agenda unless otherwise decided by a
consensus of the majority of the Members present.
6.3
Notice of Meetings
6.3.1
Public Notice of meetings shall be given by posting the meeting
schedule, as per the Term of Council - Calendar as adopted by
Council, on the Town's official website at the beginning of the
Term of Council. The meeting schedule shall include the date,
time and location of Council. The meeting schedule is subject to
change where necessary.
6.3.2
Notwithstanding Section 6.3.1 Committee Meetings shall not be
noted on the Term of Council - Council and Committee Meeting
Calendar but shall be held at the call of the Chair.
6.3.3
The Clerk will give public notice by way of agenda of all regular
public Council and Committee meetings as well as meetings
closed to the public by:
a.
Inclusion on the Town's website no later than 48 hours
before the hour appointed for the holding of such meeting;
b.
Posting outside the doors of the Municipal Office;
c.
Failure to post the agenda to the Town's official website or
outside the Council Chambers, shall not affect the validity
of the meeting or any action lawfully taken thereat.
6.3.4
Notice to Members will be given by electronic mail no later than
48 hours before the hour appointed for the holding of such
meeting.
6.3.5
Closed Meeting materials shall be provided to Council in
confidence, no later than 24 hours before the hour appointed for
the holding of such meeting.
6.3.6
Only Closed Meeting materials related to Human Resources may
be handed out at the table must be printed on coloured paper
and returned to the Clerk immediately following the meeting.
Procedural By-law 2022-25 - Page 18
6.3.7
Lack of receipt of a notice of an Agenda by the Members of
Council shall not affect the validity of the meeting or any action
lawfully taken thereat.
6.4
Meetings - Location, Date and Time
6.4.1
Unless otherwise stipulated on the Agenda, all meetings of
Council and Committees shall take place in the Municipal Council
Chambers at the second floor of the Community Centre at 18
Silver Street in the Town of Cobalt. In the event the regular
Meeting date falls on a public holiday, the Council or Committee
shall meet at the same hour on the next day, or as rescheduled
by Council, but not being on a public holiday.
6.4.2
Other Meetings:
a.
The Inaugural Meeting Sec. 8.1, shall take place in the
Cobalt Community Centre;
b.
Emergency Meetings sec. 8.4, shall take place as
stipulated on the Agenda.
c.
Electronic Meetings shall take place as per Sec. 8.11.5 a).
6.4.3
All Council and Committee dates and times shall be as set out in
the Term of Council - Council and Committee Meeting Calendar
adopted by Council.
6.4.4
In the event that an emergency has been declared and where the
Municipal Council Chambers is not available as a meeting
location, an alternate site shall be selected as the meeting
location.
6.5
Quorum and Commencement of Meetings
6.5.1
The majority of Members of Council and Committees shall
constitute a quorum.
6.5.2
As soon after the hour fixed for the meeting as there is a quorum
present, the Chair shall call the meeting to order.
Procedural By-law 2022-25 - Page 19
6.5.3
In the event that the Chair does not attend the Meeting within
fifteen minutes after the time appointed, the Deputy Mayor
designate shall call the Members to order and if a quorum is
present, shall preside as Chair and who shall have all the powers
and duties required to conduct the meeting.
6.5.4
In the absence of the Mayor or Deputy Mayor the Clerk shall call
the Members to order and the Members shall choose a Chair
from amongst the Members present and that person shall preside
over the Meeting or until the arrival of the Mayor or Deputy
Mayor.
6.5.5
Should there be no quorum within fifteen minutes after the time
appointed for the meeting, the Chair shall call the roll, the names
of the Members present shall be recorded and the items included
on the agenda shall be included on the agenda of the next regular
meeting or to a special meeting, if called for that purpose.
6.5.6
If during the course of a meeting, the quorum is lost, then the
meeting shall stand adjourned to reconvene as determined by the
Chair.
6.5.7
Quorum is not lost due to a declaration of conflict of interest
unless the number of members remaining is two (2) or less.
6.5.8
Members of Council or Committee are requested to notify the
Clerk when the member is aware that they will be absent from any
meeting of Council of Committee.
6.5.9
In the event that the appointed Chair is absent for a portion of a
meeting and upon arrival or return at the ongoing meeting, they
shall have the option of assuming the Chair. The option may be
exercised immediately following the completion of the item under
consideration.
Procedural By-law 2022-25 - Page 20
6.6
Disclosure of Conflict of Interest
6.6.1
All Members shall govern themselves at any meeting in
accordance with the current legislation respecting any disclosure
of interest they may have in accordance to the Municipal Conflict
of Interest Act R.S.O. 1990.
6.6.2
It is the responsibility of the Member to identify and disclose any
interest and complete a Declaration of Conflict of Interest form to
be filed with the Clerk prior to the meeting.
6.6.3
The Member shall disclose the interest including the general
nature thereof, prior to any consideration of the matter and shall
not take part in the discussion of, or vote on any question in
respect of the matter and shall not attempt in any way whether
before, during or after the meeting to influence the voting on any
such question.
6.6.4
Where a Member has declared a conflict of interest, and the
matter is being discussed at a public meeting, the Member shall
sit back from the table and not participate in any debate or vote.
6.6.5
Where the meeting is not open to the public, the member shall
immediately leave the meeting or the part of the meeting during
which the matter is under consideration.
6.6.6
Where a member is absent from a meeting which includes a
matter on which they have an interest, the Member shall disclose
this interest at the next public meeting they attend.
6.6.7
The Clerk shall record every declaration of interest and general
nature thereof made by a Council Member under the Municipal
Conflict of Interest Act (MCIA) in the minutes of a Council
meeting which is open to the public and maintain the declaration
within a registry to be made available for public viewing.
6.6.8
The Clerk shall record every declaration of interest, but not the
general nature thereof, made by a Council Member under MCIA
in the minutes of the Council meeting, which is not open to the
public.
Procedural By-law 2022-25 - Page 21
6.7
Delegation / Deputation - Communication with Council
6.7.1
"Schedule A" attached to and forming part of this By-law - A
Guide to Communicating with Council as attached provides for
information on:
a.
Council correspondence;
b.
Deputation/Delegations and Invited Presentations;
c.
Public Meetings; and
d.
Petitions.
7.
Meetings
7.1
Inaugural Meeting
7.1.1
The Inaugural Meeting of Council, considered to be its first
meeting, shall be held on the first Tuesday after November 14
of an election year at an hour determined by the Mayor-Elect
and Clerk.
7.1.2
The Inaugural meeting shall be held in the Cobalt Community
Centre.
7.1.3
At the Inaugural Meeting, each Member elected, shall make their
declaration of office and sign or be provided with the Council Code
of Conduct Policy By-law, the Social Media Policy By-law,
Municipal Conflict Information Act, and Workplace Harassment
Policy By-law.
7.1.4
In consultation with the Mayor-elect, the Clerk, shall extend
invitations to all former Heads of Council, the immediate family
members of the Council-elect, Town Staff and other dignitaries
and other guests as determined.
Procedural By-law 2022-25 - Page 22
7.1.5
The Agenda for the Inaugural Meeting shall have the following
Items:
a.
Welcome and call to order - Municipal Clerk
b.
Inaugural Ceremony:
i.
Introduction of the Council-Elect by the Town Manager
ii.
Introduction of Any Dignitaries
iii.
Administration of Declaration of Oath of Office to the
Mayor-Elect
iv.
Administration of Declaration of Oath of Office to
Council-Elect
v.
Presentation of Chain of Office to the Mayor
vi.
Invitation for Mayor to Assume the Chair
vii.
Inaugural Addresses
c.
Adjournment
d.
Other items as determined by the Clerk and Mayor-Elect
7.2
Special Meetings
7.2.1
A Special Meeting of Council or Committee may be called at any
time as follows:
a. By the Chair giving direction to the Clerk stating the date, time
and purpose of the Special Meeting; or
b. By receipt of a petition to the Clerk signed by a majority of
members of the date, time and purpose mentioned in the
petition.
7.2.2
The Mayor to set a mandatory Council Training Session to be
held within two months of the inaugural Meeting and annually
thereafter. This meeting or part of the meeting may be closed
to the public in accordance with Section 239 of the Municipal
Act, 2001
Procedural By-law 2022-25 - Page 23
7.2.3
Meetings outlined in subsection 6.3.2:
a.
shall not be considered a Special Meeting, for the
purposes of subsection 8.2.4.
7.2.4
No business except the business dealing directly with the purpose
provided on the Agenda shall be transacted at a Special Meeting.
7.2.5
There shall be no Addendums to the Special Meeting Agenda
once it has been posted and circulated.
7.2.6
The Clerk shall give all Members notice of a Special Meeting of
Council at least twenty-four (24) hours before the time appointed
for such meeting.
7.3
Joint Meetings (Section 236 (2) of the Municipal Act, 2001):
7.3.1
Joint Council Meetings:
a.
The procedural By-law of the hosting municipality shall
prevail.
b.
A quorum for the joint meeting of two or more Councils will
be a majority of Members from each Council.
7.4
Emergency Meetings
7.4.1
In the event of a disaster or emergency as defined in the Town's
Emergency Plan, an emergency meeting may be held without
notice, to deal with the emergency or 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 and in the most expedient manner available.
7.5
Closed Meetings
7.5.1
A meeting or part of a meeting may be closed to the public in
accordance with Section 239 (2), (3) and (3.1) of the Municipal
Act, 2001.
Procedural By-law 2022-25 - Page 24
7.5.2
Unless otherwise directed by the Town Manager, attendance at
the Closed Meetings is limited to the Town Manager, Senior
Management Team, Clerk, Deputy Clerk and/or designate and
any third party to the Town with direct input on matter(s) to be
discussed. Staff are to remain outside the Closed Meeting room
until called upon to speak to their specific matter and vacate the
meeting once the matter has been dealt with.
7.5.3
Resolution
a.
Prior to holding a Meeting closed to the public, Council or
Committee shall state by resolution in a meeting open to
the public, that Council or Committee will be holding a
Closed Meeting, the subject matter and as the allowed
closed meeting exemption under the Municipal Act, 2001.
7.5.4
Recording of Minutes
a.
The Clerk and/or their designate shall attend all Public and
Closed Meetings and shall record, without note or
comment, all of the proceedings, including procedural
motions and directions to staff.
b.
The Clerk may delegate its duties with respect to recording
minutes within a public or within a Closed Meeting of
Council or Committee, to a staff person who has been
delegated this task under Section 228 (4) of the Municipal
Act, 2001 only.
c.
Minutes of a closed meeting of Council or a Committee of
council shall be presented for adoption at the next closed
meeting portion of a regular meeting of council / committee.
d.
The adoption of the minutes is a procedural matter and
does not affect the validity or affect the resolutions
recorded in the minutes.
7.5.5
Reporting in Open Meeting
a.
In an open meeting immediately following the Closed
Meeting, the Clerk or Town Manager shall summarize
Procedural By-law 2022-25 - Page 25
the actions taken in the Closed Meeting.
b.
Only matters discussed in a Closed Meeting and directed
to be brought forward for voting in public meeting, will be
brought forward to an Open Meeting of Council
immediately following the Closed Meeting and will be
presented under Business Arising from Closed Meeting.
7.5.6
Closed Meeting Voting
a.
In relation to a matter considered in a Closed Meeting
pursuant to Section 8.5.1 Council or Committee may vote
on:
i.
Procedural motions;
ii.
To give direction without a vote to staff or a third party of the
Town.
7.5.7
Preservation of Confidentiality
a.
All information, documentation or deliberations received,
reviewed or taken in a closed meeting shall remain
confidential. No member or staff person shall release,
make public or comment in any way on information
considered during a closed meeting.
b.
Release of closed meeting information may be executed by
a resolution of council.
7.6
Regular Meetings of Council
7.6.1
Regular Council Meetings shall be held in accordance with the
Term of Council - Council & Committee Meeting Calendar
adopted by Council.
7.7
Committee Meetings
7.7.1
The Committee structure of Council shall be determined by the
Mayor and adopted by Council.
7.7.2
Council shall appoint Members to Committees.
Procedural By-law 2022-25 - Page 26
7.7.3
Notwithstanding Section 6.3.1, Committee meetings shall be held
in accordance with the Term of Council - Council & Committee
Meeting Calendar adopted by Council.
7.7.4
Unless otherwise identified in the Town Appointing By-law, the
Mayor shall select Chairs of Committees for adoption by Council.
In appointing the Chairs, consideration shall be given to workload
balance, individual interests and Councillor development.
7.7.5
The Mayor shall be ex-officio on all committees, with the
exception of Committee of Adjustment.
7.7.6
Each Committee may make recommendations to Council through
the meeting minutes presented at the next regular Council
meeting.
7.8
Ad-Hoc Committees (Working Groups)
7.8.1
Council, from time to time, may appoint Ad Hoc Committees to
consider a specific matter and who shall report to Council or
Committee.
7.8.2
When an Ad-Hoc Committee is established the appointment
resolution shall include:
a.
The name of the Ad-Hoc Committee;
b.
A mandate;
c.
Member composition, which shall include staff member(s)
when required for the administration of the Ad-Hoc
Committee;
d.
A sunset provision being the date of which the Ad-Hoc
Committee must report back and will cease to exist; and
e.
The meeting in which the report will be brought back to.
7.8.3
If an Ad-Hoc Committee requires extra time, the Chair may
request the additional time to Council/Committee.
Procedural By-law 2022-25 - Page 27
7.8.4
Meeting times and locations shall be as determined by the Ad-
Hoc Committee.
7.8.5
The method and manner of distribution of the agendas shall be
determined by the staff support person.
7.8.6
Only the Members of an Ad Hoc Committee shall participate in,
debate or ask questions at Ad Hoc Committee meetings.
7.9
Electronic Meetings
7.9.1
Determination of Meeting
a.
The Chair shall determine whether to hold an electronic
meeting.
b.
A regular meeting or Special Meeting of Council or
Committee may be conducted by Electronic Meeting in
accordance with this section and any Electronic Meeting
Protocol, as developed and amended as necessary, by the
Clerk.
7.9.2
Electronic Participation
a.
All members may participate in an electronic meeting. Only the
Chair, Recording Secretary, Clerk or production staff may be
physically present in the Council Chambers, or in the designated
physical meeting location.
7.9.3
Quorum and Voting for Electronic Meeting
a.
Members participating in either an open or closed
Electronic Meeting, either in person or by electronic
means, shall be counted for purposes of quorum at the
commencement and at any point in time during the
meeting. Members shall be entitled to vote, as if they were
attending the meeting in person through a vote tallied by
the Chair, noting only if a vote was made in favour or
opposed, and shall not be deemed a recorded vote unless
requested by a member.
Procedural By-law 2022-25 - Page 28
7.9.4
Closed Meeting
a.
An Electronic Meeting may include a Closed Meeting,
which shall be conducted in the absence of the public and
in accordance with this Section and the Electronic Meeting
Protocol.
7.9.5
Public Notice of Electronic Meeting
a.
A public notice of an Electronic Meeting shall include
sufficient information as to provide the public with a means
to electronically access the open meeting of such
Electronic Meeting.
7.9.6
Delegations
a.
All delegations shall take place electronically, or in writing,
if the Chair has called for the meeting to be held
electronically.
7.9.7
Invited and Ceremonial Presentations
a. All invited and ceremonial presentations shall take place
electronically if the Chair has called for the meeting to be
held electronically.
7.9.8
Application and Conflict
a.
Notwithstanding the foregoing, the Procedure By-law shall
continue to apply to an Electronic Meeting held pursuant to
this Section, except that this Section and any Provincial
legislation or order shall prevail to the extent of any conflict.
8.
Reports from Municipal Officers
8.1
Report Templates
8.1.1
Unless otherwise approved by the Town Manager, all Staff
presentations and material shall be provided to the Clerk for the
agenda and in a structured format that can include
recommendations for Council consideration.
Procedural By-law 2022-25 - Page 29
9.
Motions
9.1
Filing a Motion
9.1.1
A member of Council may file a motion to be placed on the
agenda through the Clerk's office, no later than 1:00 p.m. on the
Thursday of the week prior to the regular Council meeting, as
deemed appropriate.
9.2
Filing a Notice of Motion
9.2.1
A member may introduce a notice of motion at a meeting
regarding a matter that would not otherwise be considered at
such meeting.
9.2.2
Notice of motions introduced shall not be debated and shall be
recorded at the next appropriate meeting under New
Business.
9.2.3
A notice of motion shall not be considered or otherwise disposed
of unless the mover and seconder of the motion are in attendance
at the meeting.
9.2.4
If a motion is introduced and not brought forward at the next
meeting, the motion expires.
9.2.5
No delegation shall be permitted to speak on a notice of motion.
9.3
Putting a Motion
9.3.1
Council shall not debate any motion until it has been duly
moved and seconded.
9.3.2
After a motion has been moved and seconded and stated by the
Chair, it shall be deemed to be in the possession of Council.
Council may consent to the withdrawal of the motion at any time
before amendment or decision.
9.3.3
A motion relating to a matter not within the jurisdiction of the
Council is not in order and shall not be entertained by the Chair.
Procedural By-law 2022-25 - Page 30
9.3.4
Whenever the Chair is of the opinion that an amending motion is
contrary to the main motion, the Chair shall apprise the members
therefore immediately.
9.3.5
The Chair and or the Clerk may assist the Member to rephrase
the suggested amendment to conform with an amending motion.
9.4
Various Motions
9.4.1
When a motion is under debate, no other motion shall be received
unless it is a motion to:
a.
Adjourn the meeting.
i.
is not debatable;
ii.
is not amendable;
iii.
shall always be in order except when a member is
speaking or during the verification of a vote on a
motion.
b.
Raise a question of privilege.
i.
Where a member considers that the integrity of
Council as a whole has been called into question, the
member may rise at any time, with the consent of the
Chair for the purpose of drawing the attention of the
Council to the question;
ii.
A motion resulting from a question of privilege shall
receive disposition by the Council forthwith, and,
following such disposition, the motion so interrupted
shall be immediately considered at the point where it
was suspended;
iii.
Such a motion to raise a question of privilege:
-
is not debatable;
-
is not amendable;
-
does not require a seconder.
c.
Call the question.
i.
is not debatable;
ii.
is not amendable;
iii.
requires 2/3's vote;
iv.
when resolved in the affirmative, shall be forwarded
Procedural By-law 2022-25 - Page 31
by putting the question without debate or amendment;
v.
when resolved in the negative, shall be followed by a
resumption of debate;
vi.
shall always be in order;
vii. cannot be used in Committees.
d.
Motion to take from the table.
i.
is not debatable;
ii.
is not amendable;
iii.
cannot be reconsidered;
iv.
if the motion laid on the table is not taken from the
table by the end of the next regular meeting, the
motion dies;
v.
all tabled motions will be listed on the subsequent
meeting for information only.
e.
Postpone to a certain time or definitely.
i.
must include a time or date;
ii.
is debatable;
iii.
is amendable;
iv.
suspends action on the main motion and any
v.
amendments to which it applies until it has been
decided;
vii.
cannot be postponed beyond the next regular
meeting.
f.
Postpone indefinitely.
i.
is debatable (can include merits of the main motion);
ii.
is not amendable;
iii.
cannot be reconsidered;
iv.
an only be applied to a main motion;
v.
if adopted, the motion may not be considered until a
future date.
g.
Refer (commit).
i.
is debatable (debate restricted to the pros and cons of making
the referral);
ii.
is amendable;
iii.
shall include to whom the matter is to be referred and
instructions respecting the terms upon which the
matter is to be to be referred;
iv.
shall preclude amendment or debate of the preceding
Procedural By-law 2022-25 - Page 32
motion, unless the motion to refer is resolved in the
negative, in which case the preceding motion shall be
open to debate and amendment.
h.
Amend.
i.
is debatable;
ii.
can be reconsidered;
iii.
shall be relevant to the main motion;
iv.
is subject to only one further amendment which must be
relevant to the primary amendment;
v.
if more than one motion, they shall be put in the reverse order
to that in which they were moved, and shall be decided or
withdrawn before the main question is put to the vote.
i.
Substitute.
i.
is debatable;
ii.
is amendable.
9.5
Motions to bring a question before Council again
9.5.1
At the Same Meeting
a.
Motion to Reconsider:
i.
can occur without notice and only at the meeting it
was originally considered;
ii.
requires a majority vote of Council;
iii.
is debatable;
iv.
is not amendable;
v.
can only be moved by a member who voted on the
prevailing side of the decision (also cannot be moved
by one who was absent or who did not vote at all);
vi.
cannot be reconsidered;
vii. suspends action on the motion to which it applies until
it has been decided.
9.5.2
At a Subsequent meeting - Motion to Amend Something
Previously Adopted
a.
Resolutions that have been passed that have the same
matter adopted by By-law, only the resolution shall be
reconsidered. If the decision resulting from the
reconsideration warrants, the By-law will be amended or
repealed accordingly.
Procedural By-law 2022-25 - Page 33
b.
Resolutions cannot be reconsidered after something has
been done as a result of that vote that cannot be undone;
or where it is in the nature of a contract and the other party
is informed of the fact.
c.
Motion to rescind or amend something previously
adopted.
i.
is debatable;
ii.
is amendable;
iii.
shall require a two third vote of council members
present if no notice is given;
iv.
can be reconsidered if motion fails.
d.
A motion to renew.
i.
Shall not be made more than once in the twelve
month period from the date the matter was decided,
unless a regular election has occurred following the
decision;
ii.
Shall be deemed to be new business and not a matter
of reconsideration if brought before a succeeding
Council;
iii.
is debatable;
iv.
is amendable;
v.
shall require a two third vote of council members
present should no notice is given;
vi.
can be reconsidered if motion fails.
9.6
Incidental Motions
9.6.1
Incidental motions have no order of precedence among them and
take precedence over any pending question out of which they
arise.
a.
to divide the question. Such a motion to divide the
question;
i.
is not debatable;
ii.
is amendable;
iii.
shall always be in order.
Procedural By-law 2022-25 - Page 34
b.
to call a point of order. Such a motion;
i.
is not debatable;
ii.
is not amendable
iii.
shall always be in order;
iv.
is resolved by decision of the chair.
c.
to suspend the rules. Such a motion to suspend the rules;
i.
is not debatable;
ii.
is not amendable;
iii.
shall always be in order; and
iv.
requires a two-thirds vote.
10.
Voting
10.1 Request to Call the Question
10.1.1 A Member of Council may request that the Chair "call the
question" and the Chair may accept or deny the request. Unless
a member immediately appeals the decision to the Council, the
decision of the Chair shall be final.
10.2 Calling the Vote
10.2.1 Once all motions relating to the main motion have been dealt with,
and once the question has been called on the main motion, there
shall be no further discussion or debate and the motion shall be
immediately voted on.
10.2.2 A motion shall be put to a vote by the Chair immediately after all
Members desiring to speak on the motion have spoken.
10.2.3 After a motion is put to a vote by the Chair, no Member shall
speak on that motion nor shall any other motion be made until
after the result of the vote is announced.
10.3 Determining the Decision
10.3.1 The manner of determining the decision of the Council or
Committee on a motion shall be by a show of hands, unless
otherwise stated by the Chair.
Procedural By-law 2022-25 - Page 35
10.3.2 All motions shall require votes from a majority of the Members
present in order to be valid and binding on Council or Committee.
10.3.3 No vote shall be taken by Council by straw vote, ballot or by any
other method of secret voting and every vote so taken is of no
effect.
10.4 Counting the Vote
10.4.1 Except as otherwise provided, every member of Council or
Committee shall have one vote.
10.4.2 Every Member present shall vote on every motion unless the
Member has declared a pecuniary interest in the matter. Every
Member who is not disqualified from voting by reason of a
declared conflict of interest and who declines or abstains from
voting shall be deemed to be a negative vote.
10.4.3 The Chair shall announce the result of every vote taken.
10.4.4 When a vote is taken and a tie results, the motion is deemed to
be defeated for want of a majority.
10.4.5 The Clerk shall not note dissenting votes in the Minutes, unless a
request has been made by a member of Council for a recorded
vote.
10.5 Recorded Vote
10.5.1 A recorded vote shall be taken when called for by any Member or
when required by law. The Clerk shall call upon each Member of
Council entitled to vote on the motion, to answer "Yea" or "Nay".
10.5.2 A member may call for a recorded vote immediately prior to or
immediately after the taking of the vote.
10.5.3 A recorded vote shall be taken in alphabetical order by last name
of the Members present starting with the mover and then back to
the beginning of the alphabet, until all Members have voted, save
and except the Chair who shall vote last.
Procedural By-law 2022-25 - Page 36
10.5.4 When a recorded vote is taken, the names of the Members of
Council who voted in support and those who voted in opposition
to the motion shall be entered in the minutes.
10.5.5 All Members present shall vote when a recorded vote is called for,
except when they have been disqualified from voting by reason of
a declared conflict of interest.
10.5.6 The mover and seconder of a motion, once put, may vote against
the motion.
11.
Minutes
11.1 Preparing the Minutes
11.1.1 The Clerk or Clerk's designate prepares the minutes for all
Council and Council Committee meetings.
11.1.2 The minutes shall include:
a.
All decisions and other proceedings;
b.
The names of all member attending and absent;
c.
For recorded votes, a record of the way each Member
present voted for every motion;
d.
A record of Members, if any, who declared a conflict of
interest and the reason for the conflict of interest; and
e.
The time a Member arrives (if late) or the time a Member
leaves the meeting, if before the meeting is adjourned.
11.2 Adopting the Minutes
11.2.1 Unless Council decides otherwise, the Clerk or Clerk's designate
shall submit and add to the Agenda the minutes of the previous
meeting(s) at the next regular meeting or as soon as possible
afterwards, for adoption or amendment.
11.2.2 Committee Chairs may outline the minutes before the minutes are
adopted or amended.
Procedural By-law 2022-25 - Page 37
11.2.3 Council or Committee passes a motion to amend the minutes to
correct any errors or omissions and then adopts the amended
minutes.
11.2.4 If there are no errors or omissions in the minutes, Council adopts
the minutes as prepared.
11.2.5 All minutes shall be signed by the Chair and Clerk, once adopted
by Council.
11.2.6 Once signed, the Town Seal, shall be applied over the Mayor's
signature.
12.
By-Laws
12.1 Preparation of By-Laws
12.1.1 All By-Laws shall be prepared by the Staff Member responsible
for the By-law and sent to the Clerk for verification and inclusion
to the next meeting of Council.
12.2 Content of By-Laws
12.2.1 All By-Laws, must:
a.
Have a concise title;
b.
Be numbered;
c.
Refer to the decision on the By-law's subject matter;
d.
Give the date of the meeting at which the By-law is to be
introduced.
12.3 Introducing and Passing By-Laws
12.3.1 All By-Laws shall receive three readings, and all three readings
may be provided at the same meeting, unless otherwise directed
by various Acts or by direction by Council.
12.3.2 All By-Laws may be introduced and passed together in one
motion and referred to only by number.
Procedural By-law 2022-25 - Page 38
12.3.3
Council, must, at the request of any member, deal separately with any
By-law.
12.4 Limitations on Debating the Motion
12.4.1 A motion to introduce and pass a By-law is debatable and may
be amended, but only as to:
a.
Form;
b.
To ensure that it correctly implements the decision that it is
intended to implement.
12.5 Upon Passage of a By-law
12.5.1 The By-law is printed in the form of a By-law;
12.5.2 The By-law shall be signed by the Mayor and Clerk;
12.5.3 The Clerk affixes the By-law number and the corporate seal of the
Town over the Mayor's signature.
12.6 Effective Date
12.6.1 A By-law is effective on the day it is enacted,unless the By-law
specifies otherwise.
12.7 Clerk's Authority to Make Minor Changes
12.7.1 The Clerk may correct spelling, punctuation or grammatical
errors, or errors that are of a clerical, typographical or are of
similar nature to any By-law before the By-law is signed, sealed,
numbered, and enacted as.
12.7.2 Any changes made under subsection 13.7.1 are for the purpose
of ensuring correct and complete implementation of the actions
that form the subject matter of the By-law in accordance with the
Procedural By-law.
Procedural By-law 2022-25 - Page 39
13.
Amendments to this By-law
13.1.1 If the proposed By-law is not passed at the council meeting
specified in the notice, but consideration of the matter is
deferred, no further notice is required, if a public statement is
made at the meeting that the matter has been deferred and that
the municipality intends to adopt or amend the By-law at a later
council meeting specified in the public statement. This also
applies to any further deferrals of the matter.
14.
Severability
14.1.1 Should any section, subsection, clause, paragraph or provision
of this By-law be declared by a court of competent jurisdiction to
be invalid, the same shall not affect the validity of the By-law as
a whole or any part thereof, other than the provisions so
declared to be invalid.
15.
Appendices, Repeal and Enactment
15.1.1 Schedule A, A Guide to Communicating with Council, as attached,
shall form part of this By-law.
15.1.2 By-Laws and any other By-law inconsistent with this By-law are hereby repealed.
15.1.3 That this By-law shall come into force and effect on the day of passing.
Procedural By-law 2022-25 - Page 40
Schedule A - A Guide to Communicating with Council
A Guide to Communicating with Council
The public has the right to participate in the decision-making process by writing to
Council or Committee, by submitting a public petition, or by making a deputation, as the
Procedural By-law describes.
The Town of Cobalt is committed to ensuring that members of the public have prompt,
efficient and effective opportunities to contact and communicate with members of
Council.
To assist in achieving this commitment, the Town has developed a number of
communication tools to assist members of the community to provide public input and to
communicate with Council.
1.
Council Correspondence
Written correspondence, mail and email, should be submitted to the Town Manager
identifying the Member(s) of Council to which correspondence is to be circulated.
1.1
General Provisions
1.1.1
Any correspondence received from a public entity, association or
government organization will be listed as Council
Correspondence on the next regular Council meeting agenda.
1.1.2
Letters or electronic mail containing profanity or submitted
anonymously will not be circulated.
1.2
Mail
1.2.1
All correspondence must include the following information:
a.
author's name;
b.
complete mailing address, including postal code;
c.
a home, cell or business phone number; and/or
d.
an email address.
1.2.2
All Council correspondence is submitted to Council via the Town
Manager.
Procedural By-law 2022-25 - Page 41
1.2.3
Correspondence received from members of the public that is
addressed to Council will be recorded and forwarded to the
appropriate members.
1.2.4
Correspondence received from members of the public that is
addressed to the Mayor will be recorded and submitted to the
Mayor.
1.3
Electronic Mail
1.3.1
Electronic correspondence submitted to Council via the Town
Manager will be recorded and distributed to Council via email.
2.
Invited Presentations
2.1
Council or Committee may invite specific persons, experts, organizations, or
groups to make a public presentation to any meeting open to the public on any
matter within its jurisdiction.
2.2
In presenting, any person may represent himself or herself, an organization or a
group.
2.3
The Chair may request that the Clerk place on the agenda an invited
presentation no later than five (5) full business days prior to, and not including,
the date of the meeting.
2.4
The time limit for each Invited Presentation shall be as determined by the Chair.
3.
Statutory Hearings
3.1
Delegating a Statutory Hearing
3.1.1
Council may delegate to a Committee the power to conduct a
statutory hearing, if legislation allows Council to do so.
3.2
General Provisions
3.2.1
Delegations will be permitted from the gallery without prior
registration to hear during a public hearing portion of a meeting
under the provisions of the Planning Act, R.S.O. 1990 or other
legislation or regulation requiring a public hearing.
Procedural By-law 2022-25 - Page 42
3.2.2
A matter previously discussed under a public hearing cannot be
subject to further delegation unless through another public
hearing or where new information has been received.
3.3
Notice on Outer Door of Meeting Room
3.3.1
Notice of Public Hearings shall be posted on the bulletin Board
outside the Town Office
3.4
Sign in Form
3.4.1
Delegates who wish to speak before Members, will be requested
to sign the Public Hearing - Presentation Sign in Form located at
the deputation table should they wish to speak.
3.4.2
Notwithstanding subsection 3.4.1, Public Hearing - Presentation
Sign in Forms are not required for non-statutory public hearings.
3.5
Communications
3.5.1
Communications given to the Town Manager may be made public:
a.
All communications about a matter on a meeting agenda
that the Town Manager receives becomes part of the
public record.
b.
All communications are available to members before the
meeting or, if necessary, distributed directly to members
during the meeting.
3.6
Requirements for Communications given to Council, or the Town Manager
3.6.1
All communications must:
a.
Be delivered in person or sent by regular mail or e-mail;
b.
Be addressed to the Staff Member in charge of the matter,
Council, or to the Town Manager;
c.
Be legible;
Procedural By-law 2022-25 - Page 43
d.
Include the name and complete mailing address, including
postal code, as well as:
i.
home, cell or business phone number; or
ii.
email address;
e.
Not be defamatory or contain offensive language.
3.7
Communications Part of Public Record
3.7.1
Personal information and opinions in communications are part of
the public record, unless the author of the communication
requests the removal of their personal information when
submitting it or the Clerk determines the personal information
contravenes the Municipal Freedom of Information and Protection
of Privacy Act, R.S.O. 1990.
3.8
Procedures for Statutory Hearings
3.8.1
The following procedures apply to statutory hearings:
a.
The Chair provides an overview of the purpose and
procedure of the Public Hearing.
b.
Staff shall outline the matter and present their Staff Report.
c.
Following the staff member's presentation, the applicant or
the applicant's representative may provide additional
comments. Prior notification is not required.
d.
The applicant or applicant's representative may provide
additional comments, after which the Chair asks if there
are members of the public who wish to make a
presentation on the matter. Members of the public will be
required to state their name and address for the record and
confine their remarks to the stated business.
e.
Following the presentation, each Member may provide
comments or ask questions of any presenter for no more
than three (3) minutes.
Procedural By-law 2022-25 - Page 44
f.
Following comments and/or questions by Members, the
Chair asks if anyone has further questions or comments.
g.
After hearing all presentations on the matter and asking
any related questions, the Chair will provide a final
summation of instructions in relation to the Public Hearing.
h.
After the final summation, members may immediately
consider the matter or defer consideration to a future
meeting.
4.
Rules for Non Statutory Hearings (Public Meetings)
4.1
General Provisions
4.1.1
During a Non Statutory Hearing (Public Meeting) portion of a
meeting, Delegations may be permitted from the gallery without
prior registration.
4.2
Communications
4.2.1
All communications about a matter on a meeting agenda that the
Clerk receives, becomes part of the public record.
4.2.2
All communications are available to members before the meeting
or, if necessary, distributed directly to members during the
meeting.
4.3
Requirements for Communications given to Council, or the Town Manager
4.3.1
All communications must:
a.
Be delivered in person or sent by regular mail or e-mail;
b.
Be addressed to the Staff Member in charge of the matter,
Council, or to the Clerk;
c.
Be legible;
d.
Include the name and complete mailing address, including
Procedural By-law 2022-25 - Page 45
postal code, as well as:
i.
home, cell or business phone number; or
ii.
email address;
e.
Not be defamatory or contain offensive language.
4.4
Communications Part of Public Record
4.4.1
Personal information and opinions in communications are part of
the public record, unless the author of the communication
requests the removal of their personal information when
submitting it or the Town Manager determines the personal
information contravenes the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990.
4.5
Disorderly Conduct or Failure to Follow the Rules
4.5.1
The Chair may end a presentation if there is disorder or a failure
to follow the rules.
4.6
The procedures set out in 3.9.1 apply to Non Statutory Hearings (Public
Meetings), with the exception of subsection 3.9.1 c).
5.
Deputations
5.1
General Provisions
5.1.1
Members of the public are encouraged to contact their member of
Council to speak on their behalf on any matter of concern within
its jurisdiction. The purpose of a deputation is to provide
information to Council. As a delegation you are there to make a
presentation.
5.1.2
The public may make a deputation at any open meeting of
Council or Committee on any matter within its mandate.
5.1.3
No delegates shall be permitted to speak on a matter that is not
within the jurisdiction of the Council or Committee. The Mayor and
Committee Chairs in consultation with the Town Manager will
determine if a matter is within the jurisdiction of the Committee of
Procedural By-law 2022-25 - Page 46
Council.
5.1.4
All deputation requests shall only appear on an agenda upon
approval of the Chair.
5.1.5
Presenters addressing Council or Committee shall contain their
remarks to the stated business.
5.1.6
Delegates shall be limited to not more than ten (10) minutes.
5.1.7
Designated representatives of senior levels of government
appearing before Council shall have no time limits placed on
their delegation.
5.1.8
Delegates appearing before Council shall provide a copy of their
presentation and all materials to the Town Manager to be placed
in the Agenda as follows:
- Regular Council- 4 full business days in advance
Unless approved by the Town Manager, any presentations and
materials received after this time will not be accepted.
5.1.9
Presenters must:
a.
Not speak disrespectfully about anyone;
b.
Not use offensive language;
c.
Speak only about the subject as approved on the Agenda;
d.
Obey the Procedural By-law and any ruling from the Chair.
5.1.10 The Chair may end a delegation if there is disorder or a failure to
follow the rules.
5.1.11 If the Chair rules that the delegation is concluded, the person or
persons appearing shall withdraw from the delegation table.
5.1.12 No more than two people shall be permitted to delegate on a
matter.
Procedural By-law 2022-25 - Page 47
5.2.
Delegations on the Agenda
5.2.1
Any person desiring to be heard must:
a.
Submit to the Town Manager the request for
delegation form by email, regular mail, fax or in
person;
b.
Clearly state the purpose of the deputation;
c.
Submit the form no later than four full business days prior
to, and not including, the date of the meeting.
5.2.2
Delegation requests will be reviewed by the Town Manager and
directed to the appropriate Staff and / or Member of Council for
review. Should the matter require a meeting with Staff and / or a
Member of Council, the meeting shall take place prior to
appearing before Council or Committee as a delegation.
5.3
Denial
5.3.1
The Chair has the authority to deny a delegation request:
a.
If it is in contravention to other legislation or contractual
obligations (i.e. Planning Act, R.S.O. 1990);
b.
In order to not give one person or group an unfair
advantage over another person or group, requests by
persons or groups to appear as a deputation or delegation
after a statutory public hearing has been held to speak to
the matter that was subject of the public meeting shall not
be permitted. Written submissions shall be received in
accordance with the directions given by the Council at the
public meeting;
c.
If the delegate has already delegated on generally the
same subject within a 12-month period;
d.
If the delegation is with the sole purpose of generating
publicity or promotion for a for-profit organization/business;
Procedural By-law 2022-25 - Page 48
e.
If the delegation is with respect to a by-law on a Council
Agenda;
6.
Petitions - Communication
6.1
How to Submit a Public Petition
6.1.1
An organizer of a public petition may deliver the petition in person
or send it by mail, fax, or e-mail to:
a.
A Council member, if the public petition does not relate to a
matter on the agenda; or
b.
The Town Manager, if the public petition relates to a
matter on the agenda.
6.1.2
If the petition is to be received as part of a delegation, the
presenter shall make note of the petition and provide the original
copy to the Clerk.
6.1.3
Only those petitions which pertain to matters of Council or
Committee business shall be received.
6.2
Rules for a Public Petition
6.2.1
A public petition must:
a.
Be in legible handwriting, in printed form, or in printable
form;
b.
Contain a contact name, physical address, telephone and
email of the organizer for confirmation;
c.
Contain a statement or position that the signatories are
supporting on each page;
d.
Contain each petitioners name (printed), physical
address and signature;
e.
Not contain any duplicate names, obscene or improper matter or
language.
Procedural By-law 2022-25 - Page 49
6.3
Public Petitions Relating to Matters on the Agenda
6.3.1
If a public petition relates to a matter on the agenda of a meeting, the
Member shall provide it to the Town Manager.
6.3.2
A public petition is considered to be a communication related to
the matter on the agenda as per subsection 3.5.1 a).
6.4
Introducing New Business Public Petitions
6.4.1
If a public petition does not relate to a matter on the agenda of a
meeting, the Member may introduce the public petition at a
meeting without written notice or permission under General
Information.
6.4.2
Prior to introducing a public petition under subsection 6.4.1, the
Member must examine the public petition to ensure that it
complies with subsection 6.2.1.
6.5
Council's or Committee's Actions on a Public Petition
6.5.1
After a member has introduced a public petition under subsection
6.4, Council or Committee may, without debate:
a.
Receive the public petition; or
b.
Refer the public petition to the appropriate Council
Committee or Town official.