web viewthe corporation of the township alnwick/haldimand. by-law no. 75-2012, being a by-law to...

THE CORPORATION OF THE TOWNSHIP OF ALNWICK/HALDIMAND

BY-LAW NO. 75-2012

BEING A BY-LAW TO PROVIDE FOR THE RULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES

FOR MEMBERS’ CONDUCTAND TO OUTLINE STANDARDS FOR

ADEQUATE NOTICE“THE PROCEDURAL BY-LAW”

TABLE OF CONTENTS

THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”1. SHORT TITLE.......................................................................... 2. DEFINITIONS..........................................................................3. GENERAL................................................................................ 4. ROLE OF COUNCIL..................................................................5. DUTIES OF THE HEAD OF COUNCIL.........................................6. HEAD OF COUNCIL AS CEO......................................................7. DUTIES OF THE DEPUTY HEAD OF COUNCIL............................8. AD-HOC COMMITTEES............................................................9. DUTIES OF THE AD-HOC COMMITTEE CHAIR...........................10. APPOINTMENTS OF MEMBERS TO BOARDS, AUTHORITIES AND COMMISSIONS....................................................................11. INAUGURAL MEETING OF COUNCIL.......................................12. REGULAR MEETINGS OF COUNCIL.........................................13. SPECIAL MEETINGS OF COUNCIL .........................................14. THE CALLING OF MEETINGS TO ORDER AND QUORUM…………15. COUNCIL AGENDA................................................................16. GENERAL PURPOSE & ADMINISTRATION COMMITTEE............17. CLOSED SESSIONS............................................................... 18. SPECIAL COUNCIL MEETING AGENDA...................................19. PUBLIC MEETINGS, HEARINGS OR INFORMATION SESSIONS UNDER THE PLANNING ACT, DEVELOPMENT CHARGES ACT AND OTHER APPLICABLE LEGISLATION.....................................20. EDUCATION & TRAINING SESSIONS.................................... 21. NOTICE OF MEETING.......................................................... 22. DISCLOSURE OF PECUNIARY INTEREST..............................23. MINUTES...........................................................................24. DELEGATIONS....................................................................25. REPORTS...........................................................................26. STAFF REPORTS................................................................. 27. COMMUNICATIONS.............................................................28. BY-LAWS............................................................................29. PROCLAMATIONS............................................................... 30. CONDUCT OF MEMBERS AND SPEAKING..............................31. POINTS OF ORDER ............................................................ 32. POINTS OF PRIVILEGE ....................................................... 33. MOTIONS........................................................................... 34. VOTING.............................................................................. 35. RECESS..............................................................................36. ADJOURNMENT................................................................... 37. DUTIES OF THE CLERK .......................................................38. DUTIES OF THE CHIEF ADMINISTRATIVE OFFICER ..............39. APPOINTMENT TO VARIOUS BOARDS, SPECIAL PURPOSE BODIES AND OTHER STATUTORY POSITIONS……………40. SUSPENSION OF RULES ..................................................... 41. SEVERABILITY.................................................................... 42. ADMINISTRATION ............................................................. 43. REPEAL..............................................................................

THE CORPORATION OF THE TOWNSHIP OF

BY-LAW NO. 75-2012

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”

BEING A BY-LAW TO PROVIDE FOR THE RULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’

CONDUCTAND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE

“THE PROCEDURAL BY-LAW”

WHEREAS Section 238(2) of the Municipal Act, 2001, as amended, requires that every Council and local board adopt a procedure by-law for governing the calling, place and proceedings of meetings;

AND WHEREAS Section 238(2.1) of the Municipal Act, 2001, as amended, requires that the procedural by-law provide for public notice of meetings;

AND WHEREAS the Council of the Corporation of the Township of Alnwick/Haldimand now deems it advisable to enact a new By-Law to govern the proceedings of Council, the conduct of its members and the calling of meetings and to provide for procedures and statutory requirements in accordance with the Act, and to repeal the previous By-Law No. 25-2011;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ALNWICK/HALDIMAND Enacts As Follows:

1. SHORT TITLE This By-Law shall be cited as the “Procedural By-Law”.

2. DEFINITIONS In this By-Law:

2.1 “Abstain” means a Member who is lawfully entitled to vote but chooses not to exercise their right to vote on a matter, and in such cases an abstention shall be deemed as a negative vote.

2.2 “Act” means the Municipal Act, 2001, as amended from time to time. 2.3 “Acting Head of Council” means the Member of Council appointed, under the Act, to act from time to time in the place and stead of the Head of Council.

2.4 “Ad Hoc Committee” means a special purpose committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council;

2.6 “Calendar Year” means the period from January 1st of any one year to and including December 31st of the same year.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”2.7 “Chair” means the person presiding over a meeting and who is charged with deciding questions and points of order or practice, preserving order and maintaining decorum in the proceeding.

2.8 “Chief Administrative Officer” means the Chief Administrative Officer (CAO) of the Township of Alnwick/Haldimand, designated by By-Law.

2.9 “Civic or Public Holiday” means those dates listed as holidays in the Interpretation Act, R.S.O. 1990, c.I.11, Section 29; Employment Standards Act and any other days as noted by provincial legislation or municipal by-law.

2.10 “Clerk” means the Clerk of the Corporation of the Township of Alnwick/Haldimand as designated by By-Law, and/or designate.

2.11 “Closed Session” means a meeting, or portion thereof, closed to the public in accordance with Section 239 of the Municipal Act, 2001, as amended, and Section 16 of this By-Law.

2.12 “Committee” means an Advisory Committee or similar entity composed of members of Council.

2.13 “Confirming By-Law” means a By-Law of Council that adopts all resolutions passed at a Council meeting;

2.14 “Consent Agenda” means a list of items on the Agenda containing recommendations from the Clerk as to their disposition, all of which may be adopted by one motion of the Council, Committee, but any of which may be transferred to the Regular Agenda for consideration upon the request of a member.

2.15 “Corporation” means the Corporation of the Township of Alnwick/Haldimand.

2.16 “Correspondence” includes, but is not limited to, the following: letter, memorandum, report, notice, electronic mail, facsimile, petition, etc.

2.17 “Council” means the Council of the Corporation of the Township of Alnwick/Haldimand.

2.18 “Councillor” means a person elected or appointed as a member of Council.

2.19 “Defer” means to postpone all discussion on the matter until later in the same meeting or to a future date which is established as part of the motion.

2.20 “Delegation” means a person or group of persons who address Council on behalf of an individual or a group for the purpose of making a presentation to Council.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”2.21 “Deputy Head of Council” means the Township’s second representative, appointed by Council.

2.22 “Division of Question”, means a request by a Member to have a motion containing separate questions, recommendations or amendments, voted on in sections or parts.

2.23 “Ex Officio Member” means a member of a board or committee that holds that position by virtue of his/her office and shall have all of the same rights and privileges, including voting, as the other members.

2.24 “Head of Council” means the Head of Council of the Corporation of the Township of Alnwick/Haldimand or the Deputy Head of Council/Acting Head of Council acting in the capacity of the Head of Council in his/her absence.

2.25 “Improper Conduct” means conduct that obstructs in any way the deliberations and/or proper action of Committee or Council.

2.26 “Improper Language” means the use of profane, indecent or obscene language.

2.27 “Inaugural Meeting” means the first meeting of a new Council after a regular election or by-election held in accordance with the Elections Act; Municipal Act 2001 and the Procedural By-Law.

2.28 “Majority” means more than half of the votes cast by Member entitled to vote.

2.29 “Head of Council” means the Head of Council elected by a general vote, to act as the Chief Executive Officer of the Corporation in accordance with Section 225 of the Municipal Act, 2001.

2.30 “Meeting” means any regular, special, committee or other meeting of Council, or a local board or of a committee of either of them.

2.31 “Member” means a member of Council, Local Board or Committee.

2.32 “Minutes” mean a record of the proceedings of Council or Committee, that include the place, date, time, name of presiding officer, list of members in attendance, evidence of quorum. Minutes will record the actions taken and decisions made by members at the meeting.

2.33 “Notice of Motion” means a written notice given by a Member of Council, advising Council of a specific motion.

2.34 “Order of Business” means the sequence of activities and/or discussions and decisions to be introduced and considered.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”2.35 “Pecuniary Interest” means a direct or indirect Pecuniary Interest within the means of the Municipal Conflict of Interest Act, 1990, chapter M. 50, as amended.

2.36 “Point of Order” means a matter that a Member considers to be a departure from or contravention of the rules, procedures and/or generally accepted practices of Council.

2.37 “Point of Personal Privilege” means a matter that a Member considers to question their integrity and/or the integrity of Council.

2.38 “Presentations” means the presenting of an award, certificate, etc. to members of the public and/or staff.

2.39 “Quorum” means the majority of the whole number of Members required to constitute Council or a Committee. For the Committee and Council purposes, four (4) Members shall constitute a quorum. 2.40 “Receive for Information” means to receive the information with no further action to be taken.

2.41 “Recess” means a short break taken during a meeting and is of a duration established by the Head of Council or Chair.

2.42 “Recorded Vote” means documenting in the minutes of a Council meeting the name of each Member and their vote on a matter or question: in favour, opposed or absent.

2.43 “Refer” means to direct a matter under discussion by Council or Committee to a Staff matter for further examination.

2.44 “Regular Meeting” means a scheduled meeting held in accordance with Section 11 of this By-Law.

2.45 “Reports” means written documents by municipal employees, consultants, solicitors or other individuals appointed at the pleasure of Council for the purpose of providing advice, alternatives/recommendations on various matters.

2.46 “Resolution” means a formal state of opinion adopted by Council in accordance with these rules.

2.47 “Rules of Procedure” means the applicable regulations contained in this By-Law.

2.48 “Special Meeting” means a meeting not scheduled in accordance with the approved schedule of meetings.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”2.49 “Standing Committee” means the General Purpose & Administration Committee.

2.50 “Township” means the Corporation of the Township of Alnwick/Haldimand.

3. GENERAL 3.1 The rules of procedure contained in this By-Law shall be observed in all proceedings of Council and Committee and shall be the rules for the order and dispatch of business of Council and Committee.

3.2 In this By-Law, words in the singular include the plural and vice versa, and all references to gender are intended as gender neutral, present tense includes the future.

3.3 The headings and subheadings used in this By-Law shall be deemed to be inserted for convenience of reference.

3.4 Except as provided elsewhere in this By-Law, in Council or Committee, any one or more of the rules contained in this paragraph may be temporarily suspended by a majority vote: • Rules about a change to the order of proceedings in the agenda and content. • Rules about delegation status. • Rules about the increase or decrease of delegation speaking time and debate limitations.

3.5 All points of order or procedure for which rules have not been provided in this By-Law shall be decided by the Chair in accordance, as far as is reasonably practicable, with the rules of parliamentary law.

3.6 All Local Boards, Ad-Hoc Committees or Citizen Advisory Committees of the municipality shall adopt relevant provisions such as public access to meetings similar to this By-Law.

3.7 The Head of Council may cancel any meeting of Council or Committee if he/she is of the opinion that weather conditions or an emergency warrants. The Clerk shall inform the members, the media and any person they believe will be attending.

3.8 The Head of Council or, in his/her absence, the Acting Head of Council and Clerk are hereby authorized to sign and seal all agreements and other municipal documents that have been approved by Council.

VIDEO EQUIPMENT & RECORDING DEVICES

3.9 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media may be permitted with the approval of the Council.

3.10 There shall be no more than three (3) cameras/recording devices permitted in the Council Chambers at one time.

4. ROLE OF COUNCIL 4.1 It is the role of Council, per Section 224 of the Municipal Act, 2001, as amended: (a) to represent the public and to consider the well-being and interests of the municipality; (b) to develop and evaluate the policies and programs of the municipality; (c) to determine which services the municipality provides; (d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; (d.1) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; (e) to maintain the financial integrity of the municipality; and (f) to carry out the duties of Council under this or any other Act.

4.2 The Head of Council shall chair Council meetings, unless the Head of Council is unavailable, in which the Deputy Head of Council or Acting Head of Council, will chair the Council meeting.

4.3 Members of Council shall come prepared to every meeting by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting. Whenever possible, the Members shall make technical inquiries of staff regarding materials supplied in advance of the meeting.

4.4 Requests for substantive reports shall be by Council motion which shall identify the appropriate Department or Department Head and objectives of the report.

4.5 No Member shall have the authority to direct or interfere with the performance of any work for the Township.

5. DUTIES OF THE HEAD OF COUNCIL 5.1 It is the role of the Head of Council, per Section 225 of the Municipal Act, 2001, as amended: (a) to act as Chief Executive Officer of the municipality; (b) to preside over Council meetings so that business can be carried out efficiently and effectively;

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”(c) to provide leadership to Council; (c.1) without limiting clause (c), to provide information and recommendations to the Council with respect to the role of Council as described in Section 4 of this By-Law and Section 224 of the Municipal Act, 2001, as amended; (d) to represent the municipality at official functions; and (e) to carry out the duties of the Head of Council under the Municipal Act or any other Act.

5.2 By virtue of their office, the Head of Council is appointed as an ex-officio member of Advisory Committees and Local Boards, including the Public Library Board and shall have the same rights and privileges as any of the other members, including the right to vote.

5.3 For the purposes of the Township of Alnwick/Haldimand Emergency Plan if the Head of Council is unavailable, the Deputy Head of Council or the Council Appointee shall be the alternate, as outlined in the Emergency Plan of the Township of Alnwick/Haldimand.

6. HEAD OF COUNCIL AS CHIEF EXECUTIVE OFFICER 6.1 It is the role of the Head of Council, per Section 226.1 of the Municipal Act, 2001, as amended: (a) uphold and promote the purposes of the municipality; (b) promote public involvement in the municipality’s activities; (c) act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and (d) participate in and foster activities that enhance the economic, social and environmental well-being of the municipality and its residents.

7. DUTIES OF THE DEPUTY HEAD OF COUNCIL

Except as outlined in Section 5, where the Head of Council gives notice to the Clerk that he/she will be absent from the meeting, or his/her absence through illness, or his/her office is vacant, then the Deputy Head of Council shall act in the place of the Head of Council, and while so acting, may exercise all the rights, powers and authority of the Head of Council.

8. AD-HOC COMMITTEES 8.1 Ad-Hoc Committees may be established by Council to consider a specific matter.

8.2 When an Ad-Hoc Committee is established by Council, the Head of Council shall nominate the members of that Committee and such nominations shall be confirmed by resolution of Council prior to final approval.

8.3 Reports of the Committee meeting shall be circulated to Council on an ongoing basis, and once this task has been completed they will present a final report to Council.

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8.4 When an Ad-Hoc Committee has made its report and completed its work, the Committee shall be deemed to be dissolved, unless otherwise determined by Council.

9. DUTIES OF THE AD-HOC COMMITTEE CHAIR 9.1 The Chair shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order and deciding all questions relating to the orderly procedure of the meetings; subject to an appeal by any Member to the Committee or Council of any ruling of the Chair.

9.2 If the Chair desires to leave the Chair for the purpose of taking part in the debate or otherwise, they shall call on the Vice Chair, or in the absence of the Vice Chair on another Member, to fill their place until resuming the Chair.

9.3 When two or more Members wish to speak, the Chair shall name the Member who, in their opinion, should speak first.

10. APPOINTMENTS OF MEMBERS TO BOARDS, AUTHORITIES AND COMMITTEES 10.1 Council may from time to time, appoint certain Councillors, ratepayers, staff or professionals etc. to serve on such external boards, authorities and committees to deal with the specific issues, and report to Council.

10.2 The Member of Council appointed as a liaison for each board, authority and/or committee is required to attend meetings, take part in committee and sub-committee meetings, and report to Council.

11. INAUGURAL MEETING OF COUNCIL 11.1 Following a regular municipal election, the Inaugural Meeting shall be held on the first Monday in December, at a time and place chosen by the Clerk.

12. REGULAR MEETINGS OF COUNCIL 12.1 All regular meetings of Council shall be held as follows:

The Grafton Municipal Office, 10836 County Road No. 2, Grafton ON, in the Council Chambers on the first Thursday at 12:30 p.m. of each month unless such day is a public or civic holiday or notice is given pursuant to the Municipal Notice By-Law and the Municipal Act 2001, as amended.

The Satellite Office, Alnwick Civic Centre, 9059 County Road No. 45, Roseneath ON, in the Council Chambers on the third Thursday at 12:30 p.m. of each month unless such day is a public or civic holiday or notice is given pursuant to the Municipal Notice By-Law and the Municipal Act 2001, as amended.

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The Municipal Planning Meeting shall be conducted at the Grafton Municipal Office, 10836 County Road No. 2, Grafton ON, in the Council Chambers on the fourth Thursday at 12:30 p.m. of each month unless such day is a public or civic holiday or notice is given pursuant to the Municipal Notice By-Law and the Municipal Act 2001, as amended.

The Committee of Council meetings shall be conducted at the Grafton Municipal Office, 10836 County Road No. 2, Grafton ON, in the Council Chambers on the second Tuesday of each month at 12:30 p.m., if necessary, unless such day is a public or civic holiday or notice is given pursuant to the Municipal Notice By-Law and the Municipal Act 2001, as amended.

For the month of August, Regular, Committee of Council and Municipal Planning meetings of Council shall be suspended unless otherwise determined.

12.2 Council from time to time may call additional business meetings pursuant to the Public Notice By-Law and the Municipal Act, 2001, as amended.

12.3 Where a Regular, Municipal Planning or Committee of Council meeting of Council is to be held at a time or day other than as set out in Sections 12.1 above, the Council shall give notice at least 48 hours in advance of such meeting by way of notice on the Township web site.

12.4 The Clerk, with the approval of the Head of Council may cancel a meeting of Council when, in their opinion, there is sufficient cause to do so.

12.4 No meeting of Council is a constituted meeting unless the Clerk or his/her designate is present.

13. SPECIAL MEETINGS OF COUNCIL 13.1 Notwithstanding Section 12, the Head of Council may at any time call a special meeting of Council or upon receipt of a petition of the two-thirds majority of Members of Council the Clerk shall call a special meeting of Council for the purpose and at the time mentioned in the petition.

13.2 The Head of Council and/or Clerk may at any time summon a special meeting of Council or Committee or upon receipt of a written petition of the two-thirds majority of Member of the Council, the Clerk shall summon upon providing the Notice prescribed in Section 24 a special meeting for the purpose and at the time mentioned in the petition.

13.3 No business may be transacted at a special meeting of Council or Committee other than that specified in the Notice or Agenda.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”13.4 All Special Meetings of Council or Committee shall be held at the Grafton Municipal Office, 10836 County Road No. 2, Grafton ON, unless an alternative location is specified in the notice of Meeting.

14. THE CALLING OF MEETINGS TO ORDER AND QUORUM 14.1 The Chair shall call the members to order as soon after the hour of meeting as there shall be a quorum present.

14.2 If a quorum for a regular/special Council meeting is not present within Fifteen (15) minutes of the time fixed for the commencement of the meeting, the Clerk or designate shall indicate that no quorum is present and the meeting shall stand adjourned until the next meeting of Council called in accordance with the provisions of this By-Law.

14.3 Where the number of Members who are unable to participate in a meeting by reason of the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, such that, at that meeting the remaining members are insufficient to constitute a quorum, the remaining members shall be deemed to constitute a quorum, provided such number is not less than two (2).

14.4 The Head of Council shall chair the Council meetings, unless the Head of Council is unavailable, or has a conflict under the Municipal Conflict of Interest Act, in which case the Deputy Head of Council will chair the Council meeting. In the absence of the Head of Council and the Deputy Head of Council, and if a quorum is present, the Acting Head of Council, previously appointed by Council, shall preside.

14.5 While presiding, the Deputy Head of Council or Acting Head of Council shall have all the powers of the Head of Council for the purpose of conducting the meeting. 14.6 If during the course of a Council meeting, a quorum is lost, the Chair shall declare that the meeting shall stand recessed temporarily or be adjourned until the date of the next regular meeting or other meeting called in accordance with the provisions of this By-Law.

14.7 If members are not going to be in attendance or are going to be late for a meeting, they shall contact the office of the Clerk in advance of the meeting.

15. COUNCIL AGENDA 15.1 The Clerk shall have prepared for the Members of Council at the regular meetings the “Order of Business” as follows:

For the Meetings held on the First Thursday of each Month:a. Call to Order b. Moment of Silence c. Disclosure of Pecuniary Interest

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”d. Approval of Agendae. Adoption of the Minutes f. Business Arising out of the Minutes g. Department Heads/Staff Reports (if required)h. Deputations/Public Hearings (only if necessary) i. Committee Reportsj. Correspondence k. By-Laws l. C.A.O. updates m. Announcements/Notice of Motionsn. Confirming By-Law o. Adjournment

For the Meetings held on the third Thursday of each Month:

a. Call to Order b. Disclosure of Pecuniary Interest c. Approval of Agendad. Adoption of the Minutes e. Business Arising out of the Minutes f. Department Heads/Staff Reports (only if necessary)g. Deputations/Public Hearings (only if necessary) h. Committee Reportsi. Correspondence j. By-Laws

k. C.A.O. updates (if required)l. Announcements/Notice of Motionsm. Confirming By-Law n. Adjournment

For meetings held on the second Tuesday of each month:

a. Call to Order b. Disclosure of Pecuniary Interest c. Approval of Agendad. Mayor’s County Council Updatee. Delegations (only if required) f. Business from Previous meeting(s)g. Department Heads/Staff Reports (if required)h. Correspondence i. By-Laws j. C.A.O. updates (if required)k. Announcements/Notice of Motionsl. Confirming By-Law m. Adjournment

For the meetings held on the fourth Thursday of each Month:

Shall be determined and set out, as prescribed by the Planner and/or designate.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”15.2 All business shall be taken up in the order in which it appears on the agenda unless otherwise decided by general consent of the Members present.

15.3 The agenda will be placed in each Members mail box at the Clerk’s Department no later than 4:30 p.m. on the Friday preceding the scheduled meeting.

16. CLOSED SESSIONS 16.1 All meetings of the Council, and all meetings of the Committee of Council, Local Boards, Ad-Hoc and Special Committees of the Council, shall be open to the Public, except that they may be closed to the public if the subject matter being considered involves any of the following and/or provisions of Section 239 of the Municipal Act 2011 as amended: • 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 disposal 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 or local board; • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose;

• A matter in respect of which a Council, board, committee or other body may hold a closed meeting under another Act.

16.2 A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the Council is designated as head of the institution for the purposes of that Act.

16.3 A meeting of a Council or Local Board or of a Committee of either of them may be closed to the public if the following conditions are both satisfied: • The meeting is held for the purpose of educating or training the members. • At the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council, Local Board or Committee.

16.4 For purposes of this section, a meeting not open to the Public shall be called a “Closed Session”.

16.5 Before holding a meeting or part of a meeting that is to be closed to the public, Council or the Committee shall state by resolution the fact of the holding of the closed meeting and the general nature of the matter to be considered at the closed meeting.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”16.6 A meeting shall not be closed to the public during a vote except when 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.

16.7 The Clerk shall be responsible for maintaining a confidential copy of all original documentation distributed, relating to closed sessions, and for keeping confidential minutes of all closed sessions.

16.8 The Clerk shall distribute all confidential reports and material for closed sessions in sealed envelopes with the Councillor’s name and agenda date on it. If a member of Council determines that they have a potential Pecuniary or Conflict of Interest, they shall return the envelope to the Clerk.

16.9 Members shall ensure that confidential matters disclosed to them and materials provided to them during closed sessions are kept confidential. Members are encouraged to return confidential material to the Clerk.

16.10 The Clerk shall advise the Chair if, in his/her opinion, the issue being discussed at a Closed Session is not procedurally appropriate in accordance with the terms of the Municipal Act and in accordance with Section 16.1 of this By-Law.

16.11 Subject to the provisions of this Section, Council may hear delegations in Closed Session.

16.12 Any violation of this Section may result in exclusion of the offending Member from future Closed Sessions and that Member no longer being provided with correspondence, materials or information proposed to be dealt with at a Closed Session. Such exclusion shall be determined by a majority vote of Council.

17. SPECIAL COUNCIL MEETING AGENDA 17.1 The Clerk, when reasonably possible, shall cause an agenda to be prepared, in the following order, for the use of members at Special Meetings of Council: • Call to Order • Declaration of Pecuniary Interest • Consideration of Business for Which Notice is Given • Confirming By-Law • Adjournment

18. PUBLIC MEETINGS, HEARINGS OR INFORMATION SESSIONS UNDER THE PLANNING ACT, DEVELOPMENT CHARGES ACT AND OTHER APPLICATION LEGISLATION

18.1 Council from time to time may conduct Public Meetings, Hearings or other Information Sessions for any purpose giving such notice as may be

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”deemed necessary or required by legislation or the Township’s Notice By-Law currently in effect.

18.2 Council shall give appropriate notice of such meetings by publication in the Township Bulletin Board and web site.

19. EDUCATION & TRAINING SESSIONS 19.1 An Education & Training Sessions shall not be deemed to be a meeting of Council or Committee and shall not be subject to the rules and regulations applicable to meetings, contained in this By-Law.

19.2 The Council may decide, at a meeting open to the public, to convene an informal gathering of its members, or the members of a Committee, to receive and discuss information or advice of a general nature involving subject matters of interest to the members, at a time and place designated at that time by the Council.

19.3 The Council, in deciding to convene an Education & Training Session, shall designate the general purpose or purposes for which the session is to be held.

19.4 An Education & Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not within the boundaries of the Township or any adjacent municipality.

19.5 All members of Council or Committee respectively are entitled to attend at the session, together with designated staff or consultants retained by the Township, but the Council, in deciding to convene the session, may decide to exclude the public there from.

19.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education & Training Session.

19.7 The Clerk and/or designate shall take notes describing in general terms each subject matter dealt with at the Education & Training Session.

19.8 The notes taken pursuant to 20.7 shall, after the conclusion of the session, be maintained as a public record under the control of the Clerk.

20. NOTICE OF MEETING 20.1 The published agenda shall be considered as adequate notice of Regular Meetings of Council and its Committees, except for meetings held on a day or at a time other than as provided for in this By-Law.

20.2 The Clerk shall ensure that the agenda for each regular meeting of Council and Committee shall be made available to Council, Staff and the

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”Public, no later than 4:30 p.m. on the Friday preceding a Regular Council, Committee of Council or Municipal Planning meeting.

20.3 All meetings will be open to the public and no person will be excluded except where Council or Committee agrees to meet in a Closed Session for confidential discussion in accordance with the Municipal Act, 2001 and this By-Law.

20.4 A copy of the Agenda shall be posted on the Township website by 4:30 p.m. on the Friday preceding the scheduled meeting.

20.5 The Clerk shall deliver notice of each special meeting of Council and each special meeting of Committee to each member at his residence or place of business by telephone, facsimile or electronic mail at least twenty-four (24) hours before the time set for such special meeting and in the notice shall specify the business to be transacted. An agenda constitutes such notice. At the same time, the Clerk shall also ensure that the agenda is provided to the Chief Administrative Officer, Senior Staff, the press and the public and posted on the Township website.

20.6 The twenty-four (24) hours notice required by Section 20.5 may be waived in the case of emergency as may be determined by the Head of Council (or alternate).

20.7 Lack of receipt of the notice shall not affect the validity of holding the meeting nor any action taken at the meeting.

20.8 The business of such meeting shall be taken upon the order in which it standings in the Agenda, unless otherwise decided by Council.

20.9 The Head of Council may, if it appears that a storm or like occurrence will prevent the members from attending a meeting, postpone that meeting by advising the Clerk and as many members as they are able to reach. Postponement shall not be for any longer than the next regularly scheduled meeting of Council or Committee.

20.10 The Clerk shall provide notice of cancellation to Council, Staff, the press and all other interested parties a minimum of three (3) hours in advance of any Council, Committee, Public Meeting, Hearing or Information Session in the case of severe inclement weather.

20.11 The annual meeting schedule of Council and Committee, as adopted by Council, shall be published on the Township web site.

21. DISCLOSURE OF PECUNIARY INTEREST 21.1 Where a Member, either on his own behalf or acting for, by, with and/or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Council or Committee at which the matter is the subject of consideration, the member shall: • Prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”• Not take part in the discussion of or vote on any question with respect to the matter. • Not attempt in any way before, during and/or after the meeting to influence the voting on any such questions.

22.2 Where a meeting is not open to the public, in addition to complying with the requirements of Section 22.1, the Member shall forthwith leave the meeting for the part of the meeting during which the matter is under consideration.

22.3 Where the interest of a Member has not been disclosed by reason of his absence from the particular meeting, the Member shall disclose his interest and otherwise comply at the first meeting of Council or Committee, as the case may be , attended by him after the particular meeting.

22.4 The Clerk shall record the particulars of any disclosure of pecuniary interest made by members of Council or Committee, as the case may be, and any such record shall appear in the minutes of that particular meeting.

22.5 Where the number of members precluded from participating in a meeting is such that at that meeting the remaining members are not of sufficient number to constitute a quorum, then the remaining number of members shall be deemed to constitute a quorum provided such number is not less than two (2).

23. MINUTES 23.1 It shall be the duty of the Clerk to record, or cause to be recorded, the proceedings of Council or Committee in the form of Minutes that shall contain the following: • The beginning and ending time of Meetings; • The names of the Members present. Should a Member enter after the commencement of a Meeting or leave prior to adjournment, the time shall be noted; • The name of staff present; • Disclosures of pecuniary interest; • A record of each item before Council for consideration; • Decisions of Council on each item; and • Names of Delegations appearing before Council.

23.2 The Minutes shall record all other proceedings of the Meeting without note or comment.

23.3 Minutes of a Meeting shall be reviewed and/or amended and approved at the next regular Meeting of Council.

24. DELEGATIONS 24.1 All persons wishing to make a delegation shall be directed by the Clerk

24.2 Persons desiring to present information on any matter or make a request of the Council shall give notice to the Clerk’s office by 4:30 p.m. of

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”the Wednesday prior to the meeting date, stating the purpose of their delegation and providing a general outline of the subject matter.

24.3 Delegations shall be permitted to speak on a matter only once and be limited to speak for no more than five minutes. A five minute extension to speak may be decided, without debate, by a majority of Council/Committee Members present. Where a delegation consists of a group of three or more persons, the group may address the Council/Committee for no more than ten minutes.

24.4 Notwithstanding Section 24.3, presentations such as consultant’s reports or deputations which are made at the request of Council (ie Regional employees, Conservation Authorities) are not considered to be the same as Delegations and are not subject to the said time limit.

24.5 The Clerk shall keep account of the time expended by delegations and at the completion of the allotted time, the Head of Council/Chair shall advise the individual to cease.

24.6 Delegations requesting to appear as a delegation shall be advised of the time limitation in advance of their delegation.

24.7 Notwithstanding Section 24.2, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter before the Council or Committee for which the public has been invited to make comment or has been given notice of the Meeting under the Planning Act or any other Act, as required.

24.8 Notwithstanding the provisions of Section 24.1, the Council may, at its sole discretion, entertain delegations with less notice as the circumstances may warrant by a majority vote. Said delegation shall be subject to the time restraints set out in Section 24.3.

24.9 Where there is no accompanying staff report dealing with the specific subject of the delegation, the matter may be referred to a future meeting of Committee and a report requested for that meeting prior to their having a position taken on the subject matter of the delegation.

24.10 Specific types of audio visual equipment may be used to assist in delegations to Council or Committee, provided that permission for use of such equipment has been obtained from the Clerk’s office at the time the delegation contact the Clerk’s office to register for the meeting. Delegation material must be provided in electronic format to the Clerk’s office by 4:30 p.m. on the Wednesday prior to the meeting date.

24.11 The Head of Council/Chair may curtail any delegation, any questions of a delegation and/or debate during a delegation for disorder or any other breach of this By-Law and, if the Chair rules that the delegation is concluded, the person or persons appearing shall withdraw.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”24.12 Only Members of Council, the Chief Administrative Officer, the Clerk and Township Staff, shall be allowed to proceed beyond the speaker’s podium during the Committee/Council meetings.

24.13 The Head of Council/Chair may grant a person permission to proceed beyond the speaker’s podium during the Committee/Council meeting.

24.14 No delegation shall: • speak disrespectfully of any person. • use improper language or un-parliamentary language. • speak on any subject, other than the subject which they have received approval to address Committee/Council. • disobey the rules of procedure or a decision of the Chair of Committee or Council.

24.15 Upon the completion of comments to Committee or Council by a delegation, any discourse between members of Council and the delegation shall be limited to members asking questions for clarification and obtaining additional, relevant information only. Members of Council shall not enter into debate with the delegation respecting their comments.

24.16 Members of the public attending a Council and/or Committee meeting shall respect the decorum of Council, shall not display signs or placards and refrain from public outburst; shouting; or behaviour intended to disrupt the debate, discussion and/or general proceedings of the Council. The Head of Council or Chair may request that a member or members of the public vacate the Council Chambers if their behaviour is deemed to be disruptive to the business at hand. The Head of Council or Chair may unilaterally suspend the meeting until order is restored in the Council Chambers.

24.17 No more than four (4) deputations/public meetings shall be scheduled for any Council or Committee meeting unless otherwise approved by the Head of Council, or such to the necessity to deal with matters of an urgent nature.

24.18 A delegation appearing before Council or Committee shall not be placed on an agenda to discuss the same matter within six (6) months of the last appearance by the same delegate.

24.19 Council may refuse to hear delegations when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality.

25. REPORTS 25.1 All Reports which are either for information purposes or for adoption by Council shall be listed under the appropriate section of the Agenda.

26. STAFF REPORTS

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”26.1 Departmental Reports shall be directed to the Clerk where the matter is associated with an Agenda.

27. COMMUNICATIONS TO COUNCIL AND/OR COMMITTEE 27.1 Every item of correspondence intended to be presented to Council and/or Committee must be legible, signed by the author(s), include their address and must not contain any defamatory allegations, impertinent or improper matter.

27.2 Items of correspondence are to be provided to the Clerk in advance of any meeting or for the preparation of an agenda, it shall be the responsibility of the Clerk to ensure that said correspondence is in compliance with Section 27.1. If, in the opinion of the Clerk, the correspondence is not in compliance with Section 27.1, it shall not be included in the Agenda.

27.3 The Clerk shall prepare a summary of the substance of all correspondence for inclusion in the agenda.

27.4 Correspondence, including emails, intended for Committee and/or Council is generally received as public information, subject to the Municipal Freedom of Information and Protection of Privacy Act. The Clerk shall be advised of any confidential items, the general nature of the confidentiality and will determine whether the item meets identified criteria for confidential correspondence and whether it will be circulated within the public agenda, circulated under separate cover or printed in the confidential section of the agenda.

27.5 No person, except a member of Council or an authorized Township employee shall, before or during a meeting of Council, place on the desks of members or otherwise distribute any material whatsoever unless such person is acting with the approval of the Clerk.

27.6 Every communication, written or otherwise, addressed to Council and included on an agenda and considered in open session of Council or Committee thereof shall be deemed to be a communication in the public domain.

28. BY-LAWS 28.1 The business, by-laws and resolution of the Township of Alnwick/Haldimand will be conducted and maintained in English.

28.2 Every by-law shall be introduced upon motion by a Member, and any number of By-Laws may be introduced together in one motion. Council shall, at the request of a Member, deal separately with any By-Law.

28.3 Every by-law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”procedure or to comply with provisions of any act and shall be completed by the Clerk with the exception of the number and date thereof.

28.4 All amendments to any by-law approved by the Council shall be deemed to be incorporated into the by-law and if the bylaw is enacted and passed by the Council, the amendments shall be inserted therein by the Clerk.

28.5 Every by-law as read shall be deemed to have been passed as approved by Council.

28.6 The Council may permit the presentation of a synopsis in place of the complete reading of the by-law.

28.7 Every by-law enacted by Council shall be numbered and dated and shall be sealed with the seal of the Corporation and signed by the Clerk and Head of Council and shall be deposited by the Clerk in the Office of the Clerk for safekeeping.

28.8 The proceedings at every regular meeting and Special Meeting shall be confirmed by By-Law so that every decision of the Council and every resolution passed at that meeting shall have the same force and effect as if each and every one of them had been the subject matter of a separate bylaw duly enacted.

29. PROCLAMATIONS 29.1 The Council of the Township of Alnwick/Haldimand recognizes the symbolic gesture of endorsing special days, weeks, or a month in support of various community groups and their causes.

29.2 It shall be noted that the Township shall not subsidize any costs related to proclamation advertising. The sponsoring organization requesting a proclamation shall be responsible for all publicizing and shall bear the entire cost of same. The Municipality may include the proclamation in the Township of Alnwick/Haldimand Bulletin Board under “Proclamations for the Month of…”

29.3 A copy of each approval letter from the Head of Council’s office will be circulated by email to each Council Member for their information.

29.4 Council, having delegated the administration of proclamations, shall not hear delegations related to proclamation requests.

29.5 Each organization shall be responsible for making arrangements for the attendance of the Head of Council or Councillors at a specific function or event.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”30. CONDUCT OF MEMBERS AND SPEAKING 30.1 Members of Council shall: • Act in accordance with their Oath of Allegiance and Oath of Elected/Appointed Office. • Discharge with integrity all responsibilities to Council, the Township of Alnwick/Haldimand, and the public, in keeping with approved corporate policies. • Serve their constituents in a conscientious and diligent manner. • Encourage public respect for, and try to improve the administration of the by-laws of the Township. • Not speak disrespectfully of the Reigning Sovereign, any member of the Royal Family, the Governor-General, the Lieutenant-Governor, the Head of the Government of Canada or of the Province of Ontario. • Treat the Chair, other Members, staff and the delegates from the public with courtesy, respect and good faith. • Hold in strict confidence all information concerning matters dealt with “Closed Session”. The Member shall not release, make public or in any way divulge any such confidential information or any aspect of the Closed Session deliberations, unless expressly authorized or required by law. • Be respectful of the tradition that staff are expected to make recommendations to Committee and Council that reflect professional and corporate management, judgment, and opinions which are not unduly influenced by any single Member of Council. • Not leave their seat or make any noise or disturbance while a vote is being taken and until the result is declared. • Not criticize any decision of the Council except for the purpose of introducing a motion for reconsideration. • Not disobey the Rules of the Council or a decision of the Chair or Council on a question of order, practice of interpretation of the Rules of Council. • Not consume food in the Council Chambers during Council or Committee Meetings, in such a way that it is a disturbance to proceedings of the meeting.

30.2 The Head of Council shall designate the member who has the floor when two or more members request to speak.

30.3 When a member is speaking, no other member shall pass between the member speaking and the Chair, or interrupt the member except to raise a point of order.

30.4 Any member may require the question or motion under discussion to be read at any time during the debate, but not so as to interrupt a member while speaking.

30.5 A member may ask a question only for the purpose of obtaining facts relevant to the matter under discussion and necessary for a clear understanding thereof.

30.6 All questions shall be stated succinctly and questions shall not be used as a means of making statements or assertions.

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31. POINTS OF ORDER. 31.1 When a Member desires to call attention to a violation of the rules of procedure, the Member shall ask leave of the Head of Council/Chair to raise a Point of Order, and after leave is granted, shall state the Point of Order to the Head of Council/Chair succinctly and the Head of Council/Chair shall then decide upon the Point of Order and advise the Members of the decision.

31.2 Unless a Member immediately appeal the Head of Council/Chair’s decision to the Council/Committee, the decision of the Head of Council/Chair shall be final.

31.3 If a Member appeals to the Council on a Point of Order, Council shall hear the reason for the appeal from the appellant and the reason for the decision from the Head of Council, and shall decide the question without debate. The decision of the Head of Council shall be final.

32. POINTS OF PRIVILEGE 32.1 Where a Member considers that his or her integrity or the integrity of Council as a whole has been impugned, that Member may rise with the consent of the Head of Council for the purpose of drawing the attention of Council to the matter.

33. MOTIONS 33.1 Except as otherwise provided in this By-law, all Motions must be in writing and must be signed by a mover and seconder before the Head of Council can put the question or motion on the floor for consideration.

33.2 Notwithstanding clause 33.1, a motion presented in Committee need not require a seconder.

33.3 When a motion is presented in Council or Committee, it shall be read before debate.

33.4 A motion for the previous question shall not be put forward until all speakers listed by the Head of Council have spoken and the mover has replied.

33.5 Notwithstanding clause 33.1, if a motion is printed in the agenda as either a separate item or as part of a report, it need not be read in its entirety unless requested to do so by a Member but shall be deemed as read for the purposes of introducing the motion.

33.6 After a motion is read or stated by the Chair it shall be deemed to be in possession of Council or Committee, but it may with the consent of the mover, be withdrawn at any time before decision or amendment.

33.7 A motion in respect to a matter which is beyond the scope of power (ultra vires) of the Council shall not be in order except regarding a matter

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”which in the opinion of the majority of the members, the question is, in their option to do with the welfare of the citizens generally.

33.8 Motions Without Notice and Without Leave. The following matters and motions may be introduced orally without written notice and without leave, and to be decided without debate:

• A point of order; • A point of privilege; • A motion to adjourn; • A motion to refer without direction or instructions; • A motion to defer; • A motion to suspend the Rules of Procedure; • A motion to table the question without direction or instructions; • A motion to vote on a question; • A motion to divide the question; • A motion to go into Committee of the Whole; • A motion to recess

33.9 Motion to Amend: a) A motion to amend: • Shall be open to debate and shall be relevant to the main motion; and • Shall not propose a direct negative to the main motion. b) A motion to amend may result in a “friendly amendment” whereby the mover and seconder agree to re-word their motion to accommodate an amendment. c) If a motion to amend does not result in a “friendly amendment”, then the motion to amend shall be decided or withdrawn before the main motion is put to a vote. d) After the motion to amend has been voted on, the main motion (as amended) shall, if no other amendment is proposed, be put to a vote. e) If the original mover and seconder of the main motion do not agree with the amendments, they may, without further consideration, withdraw their support for the main motion as amended, and a new mover and seconder are required to move the motion as amended.

33.10 Motion to Defer a) A motion to defer a matter to a certain time or date: • Shall be open to debate as to the advisability of its deferral; and • May be amended as to the time or date to which the matter is deferred.

33.11 Motion to Refer a) A matter under consideration to a Committee or staff: • Shall be open to debate and may be amended; • Shall include the terms on which the matter is being referred and the time at which it is to be returned; and • Shall include the reasons for the referral.

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33.12 Motion to Table a) A motion to table a matter: • Shall not be amended or debated; and • Shall apply to any motion pending with respect to the matter and any amendments thereto under debate at the time. b) A tabled motion that has not been decided by Council either in the affirmative or in the negative during the term of Council in which the motion was introduced shall be deemed to have been withdrawn.

33.13 When a motion is under debate, no motion shall be received other than a motion to amend, to defer action, to refer, that the vote now be taken or to adjourn the meeting. A motion that the vote be now taken shall take precedence over any other motion. A motion to adjourn the meeting shall be put immediately without debate.

33.14 No member shall speak to a motion more than once, without leave from the Head of Council, but a reply may be made by the Member who has presented the motion to Council. Each member shall confine remarks to a limit of three (3) minutes.

33.15 Immediately preceding the taking of the vote, the Head of Council may state the question in the form introduced. If required by a Member, except when a motion for the previous question has been resolved in the affirmative, the Head of Council shall state the question in the precise form in which it will be recorded in the minutes.

33.16 After a question is finally put by the Head of Council, no Member shall speak to the question nor shall any other motion be made until after the result of the vote has been declared.

33.17 Any resolution shall require a majority of votes in order to be valid and binding on the Council.

33.18 After any question has been decided the following shall prevail: • That no question shall be reconsidered more than once in a calendar year. • Notwithstanding the above, any Member of Council who voted thereon with the majority may give notice within the calendar year, in which the question was decided, for a reconsideration of the question at any regular meeting of Council. A 2/3 majority vote of Council will be required to carry the motion for reconsideration. • No discussion of the main question shall be allowed until the motion for reconsideration is carried.

33.19 Should the Head of Council desire to introduce a motion or By-Law, the Deputy Head of Council or in their absence, the member appointed shall be appointed to take the Chair until the Head of Council resumes the Chair.

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33.20 Except as otherwise provided for in this By-Law, a notice of motion shall be given in writing, signed by the mover and shall be delivered to the Clerk so that it can be included in the Agenda at which the motion is to be introduced.

33.21 The Clerk shall include such notice of motion in full in the Agenda for the meeting concerns.

33.22 When the Council amends a proposed zoning By-Law after the holding of a Public Meeting as required by the Planning Act, the Council shall immediately vote on the question of whether or not any further notice is to be given in respect of the proposed By-Law, as amended.

33.23 The question of whether or not any further notice is to be given shall be amendable and debatable.

33.24 The proposed Zoning By-Law, as amended, shall not be introduced and enacted until the question of whether or not any further notice is to be given has been resolved.

34. VOTING 34.1 Every member of Council shall have one vote.

34.2 Every member present who is required to vote on a question, but in fact does not vote thereon, shall be deemed to be voting in the negative.

34.3 After a debate of 5 minutes the Head of Council or member may call for the vote, and every member shall immediately: • Occupy their seat and remain there until the result of the vote has been declared; • Not traverse the room; • Cease all discussion on the matter immediately; • Not speak to any other member or make any noise or disturbance; and The Head of Council shall take the vote.

34.4 Any questions on which there is a tie vote shall be deemed to be lost.

34.5 If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the Clerk shall record each vote.

34.6 A failure to vote under Section 30.5 by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote.

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”34.7 When a member requests a Recorded Vote, each member in alphabetical order, shall announce that member’s vote upon request openly and individually unless otherwise prohibited by statute, and the Clerk shall record the same and shall announce the result of the said vote. Recorded Votes when requested shall by a member, shall commence from that member and continue in alphabetical order from that point.

34.8 Members will vote on a recorded vote at the call of the Clerk, starting with the member who called for the recorded vote and continuing in alphabetical order. The Head of Council shall always vote last.

34.9 Every member present at a meeting of the Council when a question is put shall vote thereon, except that if the member has any pecuniary interest in a question, the member shall disclose that interest and shall refrain from taking part in the discussion and from voting on the particular question.

34.10 The Head of Council (except where disqualified from voting by reason of interest or otherwise) may vote with the members on all questions. Any questions on which there is an equality of votes shall be deemed to be negative.

34.11 Where the Head of Council wishes to present a resolution or directly participate in the debate, the Head of Council shall vacate the Chair and the Deputy Head of Council shall be the Chair, in the absence of the Deputy Head of Council the Acting Head of Council shall chair that portion of the meeting.

35. RECESS 35.1 Council/Committee may, after 1.5 hours of deliberation, recess for a period deemed appropriate by the Chair.

36. ADJOURNMENT 36.1 Adjournment for evening meetings shall be 10:00 p.m. The Council shall always adjourn by that hour unless this rule is temporarily suspended by a resolution of 2/3 majority of the members present.

36.2 Unfinished business of a Regular Council or Committee of the Whole shall be adjourned to the next regular meeting.

37. DUTIES OF THE CLERK 37.1 Either the Clerk or his/her designate shall: • Attend all meetings of Council/Committee and to record the proceedings of all such meetings, in addition to any required clerical support staff; • Cause notice of each regular and special meeting of Council or Committee, together with the agenda and all matters as far as are known, to be sent to each member of the said Council or Committee meetings;

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”• Prepare an agenda for all regular meetings listing the items to be considered and providing recommendations where appropriate as to their disposal for adoption by one motion if it is the wish of the Committee or Council to do so; • Notify appropriate Town Officials and public of any direction made by the Council or Committee which are to be acted or reported upon when adopted by the Council from the Committee Report. • Record or cause to be recorded without note or comment all resolutions, decision and other proceedings of the Council or Committee meetings. • Forward a copy of all resolutions, enactments and order of the Council or Committee to those concerned in order to provide notice.

• Forward all reports of Committees so that they may be considered by the Council at the next regular meeting. • If requested by any member present at a vote, to record the name and vote of every member voting on any matter or question. • Keep the official records of the Township, including the minutes of the proceedings of Council and Committees. • Keep in the Office of the Clerk, or in a place appointed for that purpose, the originals or copies of all by-laws and of all minutes of the proceedings of Council. • Make such minor clerical, typographical or grammatical deletions, additions or other changes in form to any bylaw, motion, resolution and/or minutes as may be required for the purpose of ensuring correct and complete implementation of the actions of Council. • Forward, by way of delegated authority, housekeeping or consolidation by-laws directly to Council for consideration. • Provide to each member of Council a copy of this By-Law when the Member of Council makes a declaration of office and is sworn into office and upon request thereafter. • Perform such other duties as are prescribed by law or by direction of Council. • Shall give advice on parliamentary procedures and this By-Law, when requested. • Be a Municipal Officer for the Corporation of the Township of Alnwick/Haldimand.

38. DUTIES OF THE CHIEF ADMINISTRATIVE OFFICER 38.1 It shall be the duty of the Chief Administrative Officer to: •Assist the Council to discharge its responsibilities and, in a non-partisan manner, to aid Council members to carry out their duties. • To exercise general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality. • Attend Council and Committee meetings with the right, with the consent of the Chair, to speak but not to vote, and to attend meetings of other Committees when invited or when the Chief Administrative Officer deems it

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THE CORPORATION OF THE TOWNSHIP ALNWICK/HALDIMANDBY-LAW NO. 75-2012, BEING A BY-LAW TO PROVIDE FOR THERULES OF ORDER OF THE COUNCIL AND ITS COMMITTEES, TO PROVIDE RULES FOR MEMBERS’ CONDUCT AND TO OUTLINE STANDARDS FOR ADEQUATE NOTICE “THE PROCEDURAL BY-LAW”advisable to do so, with the right, with the consent of the Chair, to speak but not to vote. • In the absence of the Clerk, to act as Clerk during Closed Session portions of meetings of Council and/or Committee upon written delegation by the Clerk. • Without limiting the generality of the foregoing, to perform such other duties as may be necessary to fulfill the intent of the Chief Administrative Officer appointment by-law and to exercise the powers which may, from time to time, be assigned by the Council.

39. APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES, SPECIAL PURPOSE BODIES AND OTHER STATUTORY POSITIONS 39.1 All Council appointments to various Boards, Committees, Special Bodies and other statutory positions shall be made at the required time by resolution of Council except where specifically required by By-Law.

40. SUSPENSION OF RULES 40.1 Except as specifically noted to the contrary, any procedure required by this By-Law may be temporarily suspended with the consent by a majority vote of the Members present.

41. SEVERABILITY 41.1 If a court of competent jurisdiction should declare any section or part of a section of this By-Law to be invalid, such section or part of a section shall be construed as having persuaded or influenced Council to pass the remainder of this By-Law and it is hereby declared that the remainder of this By-Law shall be valid and shall remain in force.

42. ADMINISTRATION 42.1 This By-Law shall be administered by the Clerk.

42.2 The short title of this By-Law shall be the “Procedural By-Law”.

42.3 This By-Law shall come into full force and effect on the 4 th day of September, 2012.

43. REVIEWAt the beginning of each term, as part of the orientation workshop, Members of Council will be expected to review, understand and accept the provisions of the Procedural By-Law.

Council Members are expected to formally and informally review their adherence to the provisions of the Procedures on a regular basis or when so requested by Council.

44. REPEAL 44.1 By-Law No. 14-2010 and 25-2011 are hereby repealed.

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This By-Law No. 75-2012 read and deemed to be PASSED this 18th day of July, 2012.

Mayor, Dalton McDonald

Clerk, Robin van de Moosdyk

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