Procedure By-law

1. Definitions

1.1 "Clerk" shall mean the Clerk of the Corporation of Haldimand County, and/or their designate.

1.2 "Closed Session" shall mean a Meeting or part of a Meeting of Council, Council in Committee, a Committee or Committee of the Whole, not open to the public in accordance with the Municipal Act, S.O. 2001, c.25, as amended.

1.9 “Electronic participation” shall mean a Member of Council taking part in a Meeting through the use of telephone, video conference, or any other technology that provides for audio and/or visual participation, in place of attending in person.

1.10 “Land Acknowledgement” shall mean a statement adopted by Council to recognize the traditional territories of Indigenous peoples.

1.11 “Mayor” shall mean that Member of Council holding the office of Mayor and who is the Head of Council and the Chief Executive Officer of the Corporation.

1.12 “Meeting” shall mean any regular, special, or other meeting of Council, Council in Committee, Committee-of-the-Whole or Committee where,

1. a quorum of members is present, and
2. members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the council or committee.

1.13 “Member” shall mean a Member of Council and shall include the Mayor.

1.14 “Motion” shall mean a resolution of Council or a recommendation of a Committee that is under debate by Council or a Committee.

1.15 “Quorum” shall mean a majority of the whole number of Members required to constitute a Council at a meeting, or a Committee at a meeting, as the case may be.

1.16 “Recorded Vote” shall mean the recording of the name and vote of every Member voting on any matter or question during a Meeting of Council.

1.17 “Rules of Procedure” shall mean the rules and regulations provided in this by-law.

1.18 “Special Purpose Committee” shall mean a Committee established for a designated purpose by Council; such committees may be discretionary or legislated.

2.4 If, at any meeting, the number of Members in attendance is reduced to less than a Quorum, the Meeting shall stand adjourned. Notwithstanding, when a majority of the Members present have disclosed a pecuniary interest pursuant to the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended, the remaining number of Members shall be deemed to constitute a Quorum, provided such number is not less than two (2).

3. Role of the Mayor

3.1 It is the role of the Mayor to:

• act as Chief Executive Officer of the municipality;
• preside over Council Meetings so that its business can be carried out efficiently and effectively;
• provide leadership to the Council;
• provide information and recommendations to the Council with respect to the role of Council;
• represent the municipality at official functions;
• carry out the duties of the head of council under the Municipal Act and any other Act.

3.2 As Chief Executive Officer of a municipality, the Mayor shall;

• uphold and promote the purposes of the municipality;
• promote public involvement in the municipality’s activities;
• act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and,
• participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.

4. Role of Council

4.1 The role of Council is to:

• represent the public and to consider the well-being and interests of the municipality;
• develop and evaluate the policies and programs of the municipality;
• determine which services the municipality provides;
• ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
• ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
• maintain the financial integrity of the municipality; and,
• carry out the duties of council under the Municipal Act or any other Act.

5. Deputy Mayor

5.1 Within the first month of a new Council term, once declarations of office have been made, Members of Council shall appoint a Deputy Mayor.

5.2 The Deputy Mayor shall be appointed by by-law for a one (1) year term.

5.3 Prior to the conclusion of the Deputy Mayor’s one (1) year term, the Members shall appoint a Deputy Mayor for the subsequent one (1) year term.

6. Meetings

6.6.4 In the absence of the Mayor and the Deputy Mayor, the Clerk shall call a Council Meeting to order 15 minutes after the hour appointed for the Meeting, and the Members shall, by resolution, elect a Member to preside during the Meeting or until the arrival of the Mayor or the Deputy Mayor.

6.6.5 The Chair of the applicable portion of a Council in Committee Agenda, shall preside at such Meeting. In the absence of the Chair, the Vice-Chair shall preside during the Meeting or until the arrival of the Chair. When presiding over such Meetings, the Chair or the Vice-Chair shall administer all duties and responsibilities for that portion of the Council in Committee Meeting which the Mayor administers for Meetings of Council, as appropriate. Where the Chair and Vice-Chair are both absent, the Mayor or Deputy Mayor shall preside until the arrival of the Chair or Vice-Chair.

6.7 Adjournment of Meetings

6.7.1 Every Meeting which is convened at 6 p.m. shall adjourn at 10 p.m., if still in session at that hour, unless otherwise determined by a resolution of Council passed by the majority of the Members present.

6.7.2 Every Meeting convened in the morning shall adjourn at 6 p.m. if still in session at that hour, unless otherwise determined by a recommendation of Committee passed by the majority of Members present.

6.8 Electronic Participation

6.8.1 At any time,

• • A member of Council who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time, and
  • A member of Council can participate electronically in a meeting that is closed to the public.

6.8.2 Members shall advise the Clerk of their intent to participate electronically in advance of the Meeting so that appropriate arrangements can be made.

6.8.3 All votes will be by show of hands or verbal consent.

6.8.4 Delegations may participate electronically, when requested and where technology can accommodate.

7. Public Access to Meetings

7.1 Public Notice

7.1.1 Notice of Meetings will be provided to the public in accordance with the Council-approved Public Notice Policy.

7.1.2 The agenda for regularly scheduled Meetings, complete with all reports and attachments, will be available on the County website. Agendas shall be available on the website by 4:30 p.m. on the Friday immediately preceding the regular Meeting.

7.2 Open Meetings

Except as provided in this section, all Meetings shall be open to the public.

7.3 Closed Meetings

7.3.1 A Meeting or part of a Meeting may be closed to the public if the subject matter being considered pertains to:

• • the security of the property of the municipality or local board;
  • personal matters about an identifiable individual, including municipal or local board employees;
  • a proposed or pending acquisition or disposition of land by the municipality or local board;
  • labour relations or employee negotiations;
  • litigation or potential litigation, including matters before administrative tribunals affecting the municipality;
  • advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
  • a matter in respect of which the Council, board or Committee or other body may hold a closed meeting under any another Act;
  • information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
  • a trade secret or scientific, technical, commercial, financial or labour relations information supplied in confidence to the municipality or local board, which if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
  • a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or
  • a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board.

7.3.2 A Meeting or part of a Meeting shall be closed to the public if the subject matter being considered is:

• • a request under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56 if the Council is designated as head of the institution for the purposes of that Act; or
  • an ongoing investigation respecting the municipality, a local board or a municipally- controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, 2001, (the Act) or the investigator referred to in subsection 239.2 of the Act.

7.3.3 A Meeting may also be closed to the public if the following conditions are both satisfied:

• • the Meeting is held for the purpose of educating or training the Members; and,
  • at the Meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council or Committee.

7.3.4 Before holding a Meeting or part of a Meeting that is to be closed to the public, a recommendation or resolution shall be passed stating:

• • the fact of the holding of the Meeting in Closed Session; and
  • the general nature of the matter(s) to be considered in the Closed Session of the meeting.

7.3.5 A Meeting shall not be closed to the public during the taking of a vote except where:

• • the provisions of this by-law permit or require a Meeting to be closed to the public; and
  • the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the municipality or persons retained by or under contract with the municipality.

7.3.6 All deliberations while in Closed Session shall remain confidential unless otherwise agreed upon by Council by resolution in open session.

7.3.7 The Mayor shall preside over all Closed Session items.

7.4 Closed Meeting Investigations

7.4.1 In the case where a closed meeting investigation has been undertaken, and the municipality receives a report from the closed meeting investigator, a resolution shall be passed stating how the municipality intends to address the report.

8. Order of Proceedings of Council Meetings

8.5 New Business

Any item of business which has not been previously considered by Council during the Meeting and not listed on the agenda, may be raised when “New Business” is called for under the Order of Proceedings. When action of Council is required, the matter shall be referred to a future Meeting agenda. Should immediate action be required, Council may, by a two-thirds majority vote of Council, waive the notification requirements of this by-law to deal with the matter at that time.

8.6 Council Information Package

Communications for the attention of Council, where no staff research is required, shall be included in the Council Information Package which is distributed with the Council agenda. Any Member may raise for discussion a communication that is listed in the Council Information Package under “New Business” at a future Council in Committee meeting by requesting that the communication be included in the agenda for that meeting.

9. Minutes of Meetings

9.1 The Minutes of every Meeting, including Closed Sessions, will record:

• the date of the Meeting;
• the record of attendance of the Members;
• all other proceedings of the Meeting without note or comment.

9.2 The Clerk may make such minor corrections to any motion noted in the minutes, resulting from technical or typographical errors, which may be required for the purpose of ensuring correct and complete implementation of the decisions of Council.

10. Rules of Conduct

10.5 In the event that a Member persists in a breach of the rules of this by-law, after having been called to order by the Mayor, the Mayor may put the question “Shall the Member be ordered to leave their seat for the duration of the Meeting?” and such question is not debatable.

10.6 If the Council decides the question set out in Section 10.5 of this by-law in the affirmative by a majority vote of the Members present, the Mayor shall order the Member to leave their seat for the duration of the Meeting.

10.7 If the Member apologizes, the Mayor may permit the Member to resume their seat with the approval of a majority of the Members present.

10.8 In order to maintain decorum and to ensure a safe and respectful meeting environment, no member of the public shall:

• wear a hat or head covering in Council Chamber, unless for religious or ceremonial purpose or medical reason;
• display signs, banners, or placards in Council Chamber other than materials that in the opinion of the Mayor or Chair are legitimate visual aids necessary in conjunction with the meeting;
• disrupt the meeting by shouting, clapping or any other form of disorderly conduct; or
• use indecent, insulting, offensive or derogatory language either verbally or by visual display.

All electronic devices must be on silent mode.

10.9 If a member of the public is in violation of Section 10.8 of this by-law in the opinion of the Mayor or Chair, and fails to cease such activity upon direction of the Mayor or Chair, the Mayor or Chair has the discretion to ask the person to leave, or adjourn the Meeting.

11. Rules of Debate

11.4 A Member may require a Motion under debate to be read at any time during the debate, but not so as to interrupt a Member who is speaking.

12. Questions of Privilege and Order

12.1 If a Member believes that their rights, privileges or integrity, or those of the Members collectively have been prejudicially affected, that Member shall stand and ask leave of the Mayor to raise a question of privilege which shall take precedence over all other matters. The Member shall not be permitted to enter into any discussion or introduce any Motion related to the question of privilege. After leave has been granted, the Member shall state the question of privilege succinctly and the Mayor shall then make a ruling and advise Council.

12.2 When the Mayor considers that the integrity of the Chief Administrative Officer or a member of the municipal administration has been impugned or questioned, the Mayor may permit the Chief Administrative Officer or other staff member present to make a statement to the Council.

12.3 When a Member desires to call attention to a violation of the Rules of Procedure, that Member shall stand and ask leave of the Mayor to raise a point of order and after leave is granted, the Member shall state the point of order to the Mayor succinctly and the Mayor shall then make a ruling and advise Council.

12.3.1 Unless a Member immediately appeals the Mayor’s decision to the Council, the decision of the Mayor shall be final.

12.3.2 If the decision of the Mayor is appealed to the Council, then the question “Shall the ruling of the Chair be sustained?” shall be put immediately without debate and its result shall be final.

12.4 When the Mayor calls a Member to order, that Member shall cease to speak until the point of order is dealt with and that Member shall not speak again to the matter under discussion without the permission of the Mayor unless to appeal the ruling of the Mayor.

13. Notices of Motion

12.4 A Motion normally requiring a Notice of Motion may be introduced without notice if Council or Committee, without debate, dispenses with notice on the affirmative vote of at least two-thirds of the Members present and voting.

14. Motions

14.9 A Motion to amend shall:

• be open to debate;
• not propose a direct negative to the main Motion;
• be relevant to the main Motion; and
• not be further amended more than once.

14.9.1 A Motion to amend an amendment to a Motion shall be voted on prior to voting on the original amendment.

14.9.2 Voting on the main Motion and amending Motions shall be conducted in the following order:

• • a Motion to amend a Motion to amend the main Motion;
  • a Motion (as amended or not) to amend the main Motion; and
  • the main Motion (as amended or not).

14.10 A Motion to call the question (close debate) shall:

• not be debated;
• apply to the Motion or amendment under debate at the time when the Motion to put the question is made;
• not be received in any Committee;
• be moved using the words “That the question now be called.”

14.10.1 If a Motion to call the question is decided in the affirmative by a majority vote of the Members present, then the preceding Motion or amendment shall be voted on immediately without further debate or comment.

14.11 When the Motion under consideration contains separate and distinct recommendations, upon the request of any Member, the vote on each recommendation shall be taken separately. Such request is not debatable.

14.12 When Council amends a proposed zoning by-law amendment subsequent to the holding of a public meeting, as required by the Planning Act, R.S.O. 1990, c.P13, Council shall, prior to giving consideration to the amended zoning by-law, vote on the question of whether or not any further notice regarding the amendment is to be given to the public. Such motion is debatable.

14.13 The proposed zoning or re-zoning by-law as amended, as referred to in Section 14.12, shall not be introduced and enacted until the question of whether or not any further notice is to be given has been resolved.

15. Voting Procedures

15.2 After a Motion is put to a vote by the Mayor or Chair, no Member shall speak on that Motion, nor shall any other Motion be made until after the result of the vote is announced by the Mayor or Chair.

15.3 Every Member present at a Council Meeting when a question is put shall vote on the motion, except where the Member is disqualified to vote by reason of a pecuniary interest or is absent from the Council Chambers when the vote takes place.

15.4 Every Member who is not disqualified from voting by reason of a declared pecuniary interest shall be deemed to be voting against the Motion if the Member declines or abstains from voting.

15.5 All votes shall be by show of hands, except when a Recorded Vote is requested. The manner of determining the decision of the Council on a Motion shall not be by secret ballot or by any other method of secret voting.

15.6 The Mayor or Chair shall announce the result of every vote. Upon the taking of any vote, if all of the Members present vote unanimously, the Mayor or Chair shall announce the vote accordingly.

15.7 If a Member disagrees with the number of votes for and against a Motion as announced by the Mayor or Chair, that Member may object immediately to the declaration and, with the consent of the Members, the vote shall be re-taken.

15.8 When there is a tie vote on any Motion, it shall be deemed to have been decided in the negative.

15.9 A Member may call for a Recorded Vote at a Meeting of Council immediately prior to or immediately following the taking of the vote.

15.9.1 When a Recorded Vote is called by any Member, the Recorded Vote shall be taken by the Clerk in ward order, save and except the Mayor, who shall vote last. The Clerk shall announce the vote.

15.9.2 When a Recorded Vote is taken, the names of those who voted for and those who voted against the Motion shall be entered into the minutes of Council.

15.10 In a vote, the number of Members constituting the Council shall be determined by excluding the number of Members who are present at the Meeting but who are excluded from voting by reason of the Municipal Conflict of Interest Act R.S.O. 1990, c.M50.

16. Reconsideration

16.1 Reconsideration in First Year

16.1.1 Within one year after a matter has been decided by Council within that term of office, a Member who voted in the majority, may present a Notice of Motion to Reconsider that matter. Such Notice of Motion to Reconsider shall be referred to the next regularly scheduled Meeting of Council and shall be included on the Agenda under “Unfinished Business”.

16.1.2 Actions of Council that cannot be reversed or suspended cannot be reconsidered.

16.1.3 Before accepting a Notice of Motion to Reconsider, the Mayor may ask the Member to confirm that they voted with the majority on the issue in question.

16.1.4 A Motion to Reconsider a decided matter shall require the approval of at least two- thirds majority vote of Council.

16.1.5 No decided matter may be reconsidered more than once during a period of twelve months nor shall a Motion to Reconsider be reconsidered.

16.1.6 During this time frame, a request for the reconsideration of a decided matter by a member of the public will be included in the Council Information Package.

16.1.7 No debate on a Motion to Reconsider shall be permitted; however, the mover of a Motion to Reconsider may make a brief and concise statement outlining the reasons for proposing such reconsideration.

16.1.8 If a Motion to Reconsider is decided in the affirmative at a Meeting, then consideration of the original decided matter shall become the next order of business.

16.2 Reconsideration After First Year

After the initial one (1) year period, within the term of office, a Motion to Reconsider a decided matter shall require the approval of a simple majority of the Members of Council and if decided in the affirmative, then consideration of the original decided matter shall become the next order of business.

17. Enactment of By-Laws

17.1 Every by-law enacted by Council shall be signed by the Mayor and the Clerk, numbered, and sealed with the Corporate seal.

17.2 The Clerk may make such minor corrections to any by-law resulting from technical or typographical errors, which may be required for the purpose of ensuring correct and complete implementation of the actions of Council.

18. Committee of the Whole

18.1 The Mayor shall chair all Meetings of the Committee of the Whole.

18.2 The rules governing the procedures of the Council and the conduct of its Members shall be observed in the Committee of the Whole with necessary modifications except that:

• the number of times a Member may speak on any question shall not be limited, however the Member shall be limited to a maximum of five (5) minutes per time; and
• no Recorded Votes shall be permitted.

18.3 The minutes of the Committee of the Whole Meeting shall be considered for adoption at a subsequent Meeting of Council.

19. Council in Committee Meetings

19.4 Items for Information

19.4.1 Every communication intended for presentation to Committee shall be legibly written or printed.

19.4.2 The deadline for receipt of any communication for inclusion on an Agenda shall be noon, six days prior to the Regular Meeting of Committee. Such communication shall be submitted to the Clerk.

19.4.3 Communications containing obscene or defamatory language shall not be listed on the agenda nor be directed to Council Members.

19.5 Consent Agenda

19.5.1 A consent agenda process allows several items on any Council in Committee agenda to be adopted by a single Motion of Consent in order to facilitate the transaction of business. These items will generally be restricted to the receipt of information and consideration of routine, non-monetary matters. Questions may be posed regarding any of the items listed on the consent agenda. Items may be removed from the consent agenda on the request of any Member to be voted on separately as part of the regular portion of the agenda under the heading “Departmental Staff Reports” for the respective Business Division of the Committee.

19.5.2 The minutes shall record each separate recommendation of the items contained in the consent agenda.

19.6 Appointment of Chairs and Vice Chairs of Council in Committee

19.6.1 The Business Divisions of the Council in Committee are:

• • • Public Meeting for Planning Applications
    • Community & Development Services
    • Public Works Operations
    • Engineering & Capital Works
    • Financial & Data Services
    • Corporate & Social Services
    • Corporate Affairs

19.6.2 Within the first month of a new Council term, once declarations of office have been made, Members of Council shall appoint the Chair and the Vice-Chair of each Business Division, by resolution, to oversee the affairs of each respective section of the Council in Committee agenda for a one (1) year term.

19.6.3 Prior to the conclusion of each Chair’s and each Vice-Chair’s one (1) year term, the Mayor and Members of Council shall determine, by open vote, the Chair and Vice-Chair of each of the Council in Committee’s Business Divisions for the succeeding one (1) year term.

19.6.4 The duties and responsibilities of each such Chair shall be to give input into their respective Business Division agenda and to preside over those portions of Council in Committee Meeting agendas dealing specifically with their respective areas of responsibility and to ensure the orderly conduct of business pursuant to this by-law.

20. Special Purpose Committees

20.1 A Special Purpose Committee may be established by Council at any time as is deemed necessary for the consideration of matters within the jurisdiction of Council.

20.2 Subject to the provisions of any general or special legislation, Council, in establishing any Special Purpose Committee, shall set forth terms of reference and such other provisions as Council deems proper and appropriate.

21. Mayor - Ex-Officio

21.1 The Mayor shall be an Ex-Officio Member of every Committee as defined in this by- law.

21.2 The Mayor may vote and otherwise participate, without any restriction, in the business of the Committee on the same basis as any other Committee Member.

22. Confirmation By-Law

22.1 The proceedings of every Regular and Special Meeting of Council shall be confirmed by by-law so that every decision of the Council at that Meeting shall have the same force and effect as if each and every one of them had been the subject matter of a separately enacted by-law.

23. Council/Staff Relationship

23.1 Council and staff shall adhere to the Council/Staff Protocol and all relevant policies.

24. Enactment

24.1 This by-law shall come into force and take full effect on the date of passing.

25. Repeal

25.1 By-law No. 2195/20, as amended, is repealed. 

26. Short Title

26.1 This by-law shall be known as the "Procedure By-law" for Haldimand County.