Proceedings of Council and its Local Boards

Type
By-law
Number
91-2024
Adopted
Repeals (text)
19-2024
Title:Proceedings of Council and its Local Boards
Number:91-2024
Adopted Date:June 24, 2024
Amends:N/A
Repeals:19-2024

CORPORATION OF THE NATION MUNICIPALITY
BY-LAW NO. 91-2024

BEING a By-Law to repeal By-laws No.19-2024 and to regulate the proceedings of Council and its local boards, the conduct of its members and the calling of meetings.

WHEREAS, pursuant to Section 238(2) of the Municipal Act, 2001 as amended, every Council of a municipality shall adopt a procedure By-Law for governing the calling, place and proceedings of meetings;

AND WHEREAS, the Council of the Corporation of The Nation Municipality deems it essential to provide regulations for the orderly administration of business of Council and a defined basis for matters of procedure;

AND WHEREAS Section 238 (3.1) of the Municipal Act, 2001, as amended, stipulates that a municipality's procedure by-law may provide that a member of council, of a local board or of 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;

AND WHEREAS Section 238 (3.3) stipulates that an applicable procedure may provide that a member of Council participating electronically may be counted in determining whether a quorum of members is present at any point in time and that a member of a council can participate electronically in a meeting that is open or closed to the public.

THEREFORE, the Council of the Corporation of The Nation Municipality enacts as follows:

  1. That the rules and regulations contained in Schedules A" and "B" attached hereto shall be observed in all proceedings of Council and its local boards and shall be the rules and regulations for the order and dispatch of business of Council and its local boards.
  2. That By-law 19-2024 is rescinded upon the third reading and passing of this by-law.

READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 24 DAY OF JUNE 2024.

SCHEDULE A

Article I - Short Title

  1. Short Title

This By-law may be referred to as the "Procedural By-law" or the "Rules of Procedure".

Article II - Interpretation

  1. Definitions

2.1 Act - Means the Municipal Act, 2001, as amended from time to time.

2.2 Acting Mayor - Means the Member of Council appointed by By-law to act from time to time in the place and stead of the Mayor.

2.3 Ad Hoc Committee - Means a Special Purpose Committee of limited duration, created by Council to inquire into and report on a particular matter or concern and which dissolves automatically upon submitting its final report unless otherwise directed by Council.

2.4 Adjournment - Means the termination of a meeting.

2.5 Agenda - Means the order in which business is taken up within a meeting.

2.6 Alternate Member - Means the Member of The Council of The Nation Municipality appointed by Council to act in the place of the Mayor at the UCPR Council meetings and committees at the Mayor's request when the Mayor is unable to attend.

2.7 Assembly - Means a group of elected people gathered in one place for a common purpose to make laws or decisions for The Nation Municipality.

2.8 Chair - Means the Mayor or Acting Mayor or Presiding Officer or Chairman at a meeting.

2.9 Chief Administrative Officer - Means the Chief Administrative Officer of The Nation Municipality, as referred to under Section 229 of The Municipal Act.

2.10 Clerk - Means the Clerk of The Nation Municipality, appointed by By-law and as referred to under Section 228 of The Municipal Act.

2.11 Closed Meeting - Means a meeting of the Council or Committee, which is not opened to the public and which is provided for under Section 239(2)(3), (3.1) of The Municipal Act.

2.12 Committee - Means any advisory or other committee, subcommittee, or similar entity of which at least 50% of the members are also members of Council or local boards.

2.13 Committee Chair or Chair - Means the Chair of a Standing Advisory or Special Committee appointed by Council.

2.14 Consent Items Motion - Means a motion, which allows a grouping of items on an Agenda, which do not require discussion or debate, and to be dealt with under one motion of Council.

2.15 Council - Means the Council of the Corporation of The Nation Municipality which was elected by registered voters or who has been appointed by virtue of a vacancy.

2.16 Council Chambers - Means the area beyond the municipal office especially designated for meetings of the Council.

2.17 Days - Means seven consecutive days of a week, considering working days, Monday to Friday and weekend days, Saturday and Sunday.

2.18 Debate - Means a discussion to put forth reasons for or against, in which a difference of opinion is expressed.

2.19 Electronic Meetings - shall mean a regular or special meeting of Council held virtually as permitted by statute. Electronic meetings may be conducted by way of telephone or other electronic means, following instructions provided by the Municipal Clerk in order to ensure that the meeting may proceed in the most transparent and effective manner under the circumstances. Meetings held electronically will be live streamed on a public platform, following the instructions of the clerk.

2.20 Holiday - Means any Statutory Holiday as prescribed in Provincial or Federal legislation.

2.21 Hours - Means consecutive hours, that follow each other, during the course of 24 hours in a seven-day period.

2.22 Local Board - Means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority.

2.23 Majority - Means "more than half"; meaning more than half of the votes cast by persons entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting. For example, if 5 votes are cast, a majority (more than 2 _) is 3.

2.24 Mayor - Means the Head of Council and Chief Executive Officer of The Corporation of The Nation Municipality or the Acting Mayor in his/her absence.

2.25 Meeting - Means any regular, special or other meetings of a Council, of a local board or of a committee of either of them, where:

a quorum of members is present, and

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.

2.26 Member - Means a Member of The Council of The Nation Municipality.

2.27 Municipal Office - Means the Municipal office located at 958, route 500 Ouest / West Casselman, Ontario

2.28 Municipality - Means the Corporation of The Nation Municipality.

2.29 Notice of Motion - Means a written notice, including the names of the mover and seconder, advising Council that the motion described therein is to be brought at the next meeting of Council.

2.30 Personal Privilege - Means the raising of a question, which concerns a Member of Council, or the Council collectively, when a Member believes that their rights, immunities or integrity or the rights, immunities or integrity of the Council have been impugned.

2.31 Point of Information - Means a request directed to the Mayor or through the Mayor to another Member or to Members of Administration for information relevant to the business at hand, but not related to a point of procedure.

2.32 Point of Order - Means a matter that a Member considers to be a departure from or contravention of the rules, procedures or generally accepted practices of Council.

2.33 Position or opinion - Means something believed or accepted as true by a person.

2.34 Presiding Member - Means the Mayor or Acting Mayor or Chair of the meeting.

2.35 Question of Privilege - Means a matter that a Member considers to be a question to their integrity or the integrity of Council, which relates to the rights and privileges of the Assembly or any of its Members to be brought up for possible immediate consideration because of its urgency.

2.36 Quorum - Means a majority of Members of Council or Committee present at the meeting for business to be validly transacted.

2.37 Recess - Means a short intermission within a meeting for a fixed period which does not destroy the continuity of a meeting, after which time the proceedings are immediately resumed at a point where they were interrupted.

2.38 Recorded Vote - Means the recording of the name and vote of every Member voting on any matter or question.

2.39 Resolution - Means a formal determination made by the Council or a Committee based on a motion, duly placed before a regularly constituted meeting of the Council or a Committee for debate and decision, and duly passed.

2.40 Rule or Rules of Procedure - Means the rules and special rules and regulations as provided for within this Procedural By-law.

2.41 Special Committee - Means Special Committees of the Council of The Nation Municipality, where one or more Members of the Council participate, but not all Members of the Council, as well as the appointment of non-Members and who assemble to discuss a particular subject matter of interest to the Council.

2.42 Standing Committee - Means a committee constituted to perform a continuing function and remain in existence permanently or for the life of the Council that establishes them and are appointed by By-law or Resolution.

2.43 Two-Thirds Vote - Means that a motion of 2/3's of Members present, and voting should be required and where the votes cast are in the Affirmative - meaning that the affirmative votes are at least twice the negative votes.

Article III - General Provisions

3.1 GENERAL

3.1.1 Meetings of Council shall be held at the Council Chambers located at 958 Route 500 West, Casselman, Ontario or electronically. Public notice of meetings shall be posted on the municipal website.

3.1.2 The Council may decide, by resolution, to hold a meeting at another location to accommodate a very large gathering or a situation where it is deemed more feasible to locate and assemble elsewhere and only after proper notice has been given or posted.

3.1.3 A meeting of the Councils of two or more municipalities for the consideration of matters of common interest may be held within any one of those municipalities or in an adjacent municipality.

3.2 Suspension - Rules Regulations - applicable - two-thirds vote
The rules and regulations contained within this By-law shall be observed in all proceedings of the Council and shall be the rules and regulations for the order and dispatch of business of all Council meetings and in Committees, provided that the rules and regulations contained herein may be suspended by two-thirds (2/3) vote of Members of the Council in any case for which provision is not made herein and shall not be debatable or amendable.

3.2.1 Suspension - Rules Regulations - not permissible - The suspension of rules and regulations shall not apply to a Notice of Motion.

3.3 Calculation - Two-thirds vote (2/3)

3.3.1 A two-thirds vote shall be deemed to have been accomplished with the following voting in the affirmative:

  • Two of three Members present.
  • Three of four Members present.
  • Four of five Members present.
  • Four of six Members present.
  • Five of seven Members present.

3.2 Parliamentary Authority
The governing legislation, the Procedural By-law, or any standing or special rules of order adopted by The Nation Municipality shall govern the procedures of Council. Where inconsistencies exist, the current edition of "Robert's Rules of Order, latest edition" shall be the parliamentary authority, which governs the proceedings of The Nation Municipality.

3.3 Official Languages of Business
Any person participating in a meeting of the Council or Committee may address themselves in English or French after the Chair has recognized them.

3.4 Seating of Council Members - Chambers
3.4.1 The seating of elected Members of Council, at the Council table, shall be at the discretion of the Mayor. Consideration should be given to seating newly elected members next to experienced members.

3.4.2 A member of the Council can make a request for a seating change at any meeting for any duration period.

3.4.3 In the event of a vacant seat during a Council term, the Mayor shall have the deciding voice as to the seating arrangements.

3.5 Severability of By-law
3.7.1 If a court or tribunal of competent jurisdiction declares any portion of this By-law to be illegal or unenforceable, that portion of this By-law shall be severed from the balance of the By-law, which shall continue to operate in full force and effect.

Article IV - Meetings

4.1 Inaugural: time, place, and location

4.1.1 The Inaugural Meeting of a new Council after a regular election and after a by-election, shall be considered the Council's first meeting and shall be held no later than 31 days after its term commences. Following a regular election, the Inaugural Meeting will be held in the Council Chambers of The Nation Municipality Municipal Office on November 15, commencing at 6:00 p.m. In the event November 15 is on a weekend or on a public or civic holiday, the meeting shall be held at the same hour on the next following day.

4.1.2 Inaugural Meeting - The Clerk shall be responsible for the content of the agenda of the Inaugural Meeting and the arrangements for the Inaugural Proceedings. The contents of the agenda shall be as follows:

  • Opening of the Meeting (opening ceremonies)
  • Mayor's Declaration of Office and Oath of Allegiance
  • Councillors' Declaration of Office and Oath of Allegiance
  • Councillors' Inaugural Address
  • Mayor's Inaugural Address
  • Adjournment

4.1.3 Declaration of Office - At the first meeting of a new Council after a regular election and after a by-election, pursuant to Section 232(1) of The Municipal Act, 2001, a Member of Council shall not take a seat on the Council, until the person takes the Declaration of Office in the English or French version of the form established by the Minister for that purpose.

4.2 Regular Meetings

4.2.1 Regular meetings of the council shall be held on the second (2nd) and fourth (4th) Mondays of every month, at the time and place indicated on the agenda. With the exceptions of the month of January, where there will be one (1) regular meeting held on the last Monday of the month; the month of July, when there will be no regular meeting; the month of August where there will be one (1) regular meeting held on the second Monday of the month; and the month of December, where there will be one (1) regular meeting held on the second (2) Monday of the month.

4.3 Extenuating Circumstances

4.3.1 In the event of extenuating (emergency) circumstances, the date, place, and time of any meeting may be changed by the Mayor or by a majority vote of the Members of Council. Additionally, the Council may alter the date and/or time of a regular meeting by resolution, provided that adequate notice of the change is posted and published when possible.

4.4 Statutory Holidays

4.4.1 If a meeting is scheduled on a public or civic holiday, the Council shall meet at the same hour on the next following business day, which is not a public or civic holiday.

4.5 Notice - Public Meeting

4.5.1 Notice shall be given of all public meetings of the Council on the previous Agenda, detailing the order of business, immediately following the "Confirming Bylaw," which will indicate the next meetings. The Public Notice of meetings shall be published on the municipal website the Wednesday before the meeting date, when practicable.

4.6 Special Meetings

4.6.1 Special Meeting- Mayor - In addition to Public Meetings, the Mayor, in consultation with the CAO and Clerk, may at any time summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting.

4.6.2 Special Meeting - Members of Council - Upon receipt of the petition of the majority of the Members of Council, the Clerk shall summon a Special meeting for the purpose and at the date and time mentioned in the petition.

4.6.3 Notice by Clerk - The Clerk shall give all Members notice of a Special Meeting of Council at least forty-eight (48) hours before the appointed time for such a meeting.

4.6.4 Delivery - Notice - Notice of the meeting shall be provided to Members of Council by electronic mail and attempt to contact the Members by telephone or as otherwise practical within the circumstances. In addition, notice of all Special Meetings of Council shall be posted on the Municipality's website and posted on the information board in the main lobby of the municipal office not less than forty-eight (48) hours in advance of the time fixed for the meeting. Notice shall also be given to the local media by electronic mail.

4.6.5 Nature of Business - Notice - The written or verbal notice shall indicate the nature of the business to be considered, date, time and place of the Special Meeting.

4.6.6 No Other Business - No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting.

4.6.7 Special Meeting - Place - All Special Meetings of the Council shall be held in the Council Chambers, unless an alternative location is specified in the notice of meeting as provided for under section 4.4.

4.7 Emergency Meeting

4.7.1 Notwithstanding any other provision of this By-law, an Emergency Meeting may be held, without written notice, to deal with an 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.

4.8 Location - Emergency Council Meetings

4.8.1 In the event of an emergency declared by the head of Council or any other Lead Agency, as identified in the "Emergency Management Act" within the confines of a declared emergency, where The Nation Municipality Municipal Office is not accessible, the Municipal Office may be relocated and Council Meetings may be held at any other convenient location, within or outside the geographical boundaries of the municipality, which is accessible to Members of Council and staff.

4.9 Open to Public - Council - Committees - exception

4.9.1 Meetings of the Council and its Standing Committees shall be open to the public except as provided for in Sections 4.11 of this Bylaw.

4.9.2 Meetings Open to Public - Record - All Council meetings open to the public shall be recorded electronically in the form of resolutions and minutes, without note or comment (see General Provisions) and kept for archival purposes.

4.10 Closed to Public - Closed Meeting

4.10.1 Except as provided in this section, all meetings shall be open to the public. (Municipal Act s.239(1)).

4.10.2 Exceptions - As provided for under all sub-sections of section 239 of the current Municipal Act, as amended.

4.11 Closed to Public - Resolution

4.11.1 Before holding a meeting or part 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.

  1. the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting; or
  2. in the case of a meeting under subsection (3.1), the fact of the holding of the closed meeting, the general nature of its subject-matter and that it is to be closed under that subsection.

4.12 Closed to Public - Leave of Meeting

4.12.1 Where a meeting or part of a meeting is closed to the public, all persons not specifically invited to remain by the Council shall take leave from the Council Chambers. When in closed session, no one shall leave or re-enter the meeting room without the approval of the Mayor or Committee Chair.

4.13 Closed Meeting - records

4.13.1 All meetings closed to the public shall be recorded without note or comment on all resolutions, decisions, and other proceedings. After the Roll Call and at each time that a member of Council or staff joins a virtual closed session meeting the Mayor will ask if any person has any restrictions to comply with the closed session meeting and the Clerk shall record and include this in the minutes.

4.14 Confidential Matters

4.14.1 Members are to ensure that confidential matters disclosed to them during meetings closed to the public are kept confidential. Any Member who contravenes the confidentiality clause may be subject, by majority vote of the Council, to penalties in accordance with ARTICLE X - Code of Ethics.

4.15 Cancellation - Rescheduling of Meetings

4.15.1 By Exception, the Council may, if the consequences support it, cancel a regularly scheduled meeting by submitting and endorsing a notice of motion to this effect at a preceding meeting of Council, or prior and further endorsing the Resolution by majority vote at the immediately subsequent meeting. Adequate notice of the change, when approved, shall be provided by posting a notice of cancellation on the Municipality's Website as well as posting the notice on the main information board located in the lobby of the municipal office and providing notice to the local media.

4.16 Curfew - Meeting Adjourned

4.16.1 Meetings of the Council shall be adjourned at the hour of 23h00 (11:00 p.m.). Should Members of Council wish to continue dealing with business beyond the hour of 11:00 p.m., a motion of 2/3's of Members present, and voting shall be required to suspend the rule and to continue the meeting.

4.17 Leave of Chambers

4.17.1 Members shall not leave their place within the Council Chambers until the Chair has declared the meeting adjourned.

4.18 Electronic Participation

4.18.1 Members shall participate electronically in a Meeting, which is open or closed to the public in the event of a situation or pandemic in which physical distancing, limited gatherings or quarantine measures are required by local, provincial or federal public health agencies, or when the majority of Council or Committee members wish to meet electronically and that their agreement has been confirmed by Council or the Committee to the Clerk at least forty-eight (48) hours in advance of the time fixed for the meeting.

4.18.2 Any Member participating electronically shall be counted in determining whether a quorum of Members is present at any point in time and shall have all the rights of any other Member who is participating in person.

4.18.3 The technology used shall enable electronic participation of Members in decision-making and ensure the meeting can be open to the public, for example, but not limited to, telephone, video or audio-conferencing.

4.18.4 At the conclusion of a meeting, any member of Council may request that the next regular meeting be held virtually. If the majority of Council members agree to this request, then the next meeting will be held solely in a virtual format, with no option for hybrid attendance. If the majority does not support the request, the member who proposed the virtual meeting will have the option to be absent from the next meeting.

4.19. COMMITTEE MEETINGS

4.19.1 Committees shall report to and shall be responsible to Council whether they are permanent, standing, temporary, special or ad hoc committees.

4.19.2 Committees will review policies or plans, formulate procedures and recommend plans of action to Council.

4.19.3 Committees must have formal goals and complete their specific tasks efficiently with clean and precise recommendations to Council and when necessary, propose alternative recommendations that Council may consider before making a decision.

Article V - Public Questions

5.Public Questions

5.1 Following the publishing of a public meeting agenda, members of the public may submit one question via our online submission form (available on the municipal website) or in writing to the Clerk (by email or mailed to the Municipality).

5.2 Questions received must abide by the following guidelines:

5.2.1 All questions must be related to an item on the agenda.

5.2.2 Questions must use appropriate and respectful language (foul, derogatory language will not be tolerated).

5.3 Questions will be read out loud and answered at the item the question pertains to during the council meeting.

5.4 In the event that an item is added to the agenda on the day of the meeting, questions pertaining to the added item will be permitted at the subsequent meeting.

5.5 Questions will be kept in accordance with our records management and retention by-law.

5.6 Council members are still available via different communication methods to answer resident questions should they arise.

5.7 Council encourages residents to discuss their matters of importance with members of Council if they so wish.

Article V - Roles

6. Roles

6.1 Council

6.1.1 It is the role of Council to:
 

  1. Represent the public and to consider the well-being and interest of the municipality
  2. Develop and evaluate the policies and programs of the municipality
  3. Determine which services the municipality provides
  4. Ensure that administrative policies, practices and procedures and controllership policies, are in place to implement the decisions of Council
  5. Ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality
  6. Maintain the financial integrity of the municipality; and
  7. Carry out the duties of the Council under this or any other Act.

6.1.2 Individual Authority - not provided - No individual Council Member may direct any Member of the Administration and/or staff to perform such duties not authorized by Resolution of the Council.

6.1.3 Established Policies - Members - respect - Members of Council shall respect and adhere to the Policies set by the Council and under no circumstances take it upon themselves individually to circumvent established Policies.

6.1.4 Information - by Staff - Members of Council - Members of Council may request information from Department Heads who have been assigned the responsibility of providing information, such as meeting times, copies of documents, information on standard operating procedures, etc.

6.1.5 Questions - Operational Concerns - Complaints - Council members may contact department heads directly with questions or issues surrounding operational concerns or complaints. The Chief Administrative Officer (CAO) shall be copied (cc'd) on all such communications to ensure proper coordination and oversight.

6.2 Head of Council as Chief Executive Officer

As chief executive officer of a municipality, the head of council shall

  1. Uphold and promote the purposes of the municipality;
  2. Promote public involvement in the municipality's activities;
  3. Act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and
  4. Participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.

6.3 Head of Council - Mayor

It is the role of the Head of Council to:

  1. Act as chief executive officer of the municipality;
  2. Preside over Council meetings so that its business can be carried out efficiently and effectively;
  3. Provide leadership to the Council;
  4. Without limiting clause (c), to provide information and recommendations to the Council with respect to the role of Council described in Section 5.1 (d) and (e) of this By-law;
  5. To represent the municipality at official functions;
  6. To carry out the duties of the head of Council under this or any other Act; and
  7. To perform the duties of Chair as detailed within (Schedule A3) of this By-law.

6.4 Role of Municipal Administration

It is the role of the officers and employees of the municipality to:

  1. Implement the Council's decisions and establish administrative practices and procedures to carry out the Council's decisions.
  2. Undertake research and provide advice to Council on the policies and programs of the municipality; and
  3. Carry out other duties required under this, or any other Act and other duties assigned by the municipality.

6.5 Clerk

It is the role of the Clerk to:

  1. Record, without note or comment, all resolutions, decisions and other proceedings of the Council.
  2. If required by any Member present at a vote, to record the name and vote of eve"