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8/16/2019 Agenda 10.3 Procedural by-Law With Some Mark-ups
1/11
lo
-3
THE
CORPORATION
OF
THE TOWNSHIP
OF
CHATSWORTH
BY-LAW 2016-31
PROCEDURAL BY-LAW
WHEREAS
Section
238(2)
of the
Municipal Act,
S.O.
2001.
C.25
and
amendments
thereto states
that
every
municipality
shall
pass
a
procedural
by-law
for
governing
the calling,
place
and
proceedings
of
Meetings;
AND
WHEREAS
the Council of the Corporation
of the
Township
of
Chatsworth
deems
it
necessary to set
rules
and
regulations
with
regards
to
Council and Committee proceedings;
NOW
THEREFORE
the
Council
of
the
Township
of Chatsworth
enacts as
follows.
1.0
Short
Title
1.1
This
By-law
shall be
known
as
The
Procedural
Bv-law
for
the
Corporation
of
the
Township
of Chatsworth.
2.0
Definitions
2.1
Chair
shall
mean
the
person
presiding
at the
Meeting.
The
Chair
shall be the Mayor,
or
in the Mayors
absents, the
Deputy
Mayor
and
in
the
absence of the
Mayor
and
Deputy Mayor
the
Members
of
Council
shall determine the
Chair,
2.2 Clerk
shall
mean
the Clerk of
the
Corporation
of the
Township
of Chatsworth;
2.3 Glosed
Session
shall
mean
a
Meeting
or
part
of
a
Meeting
of Council, Committee
of the
Whole
or
a Committee,
not
open
to the
public
in
accordance
with
the
Municipal
Act, 2001,
S.O.
2001,
Chapter
25,
as
amended;
2.4
Gommittee
shall
mean a Committee
established
by
the
Council;
2.5
Committee
of
the
Whole
shall
mean
all Members
of
Council
sitting
as a
Committee
of
the
Whole to deal
with
business
matters;
2.6
Council
shall
mean the
Council
of
the
Corporation
of
the
Township
of
Chatsworth;
2.7
Local
Bgard
Shall
mean
any
board,
Commission,
committee,
body
or
local
authority
established
or
exercising
any
power
under
any
Act
with
respect
to
the
affairs
or
purposes
of
one
or
more
municipalities,
except
a
school
board,
a
conservation
authority,
a
police
services
8/16/2019 Agenda 10.3 Procedural by-Law With Some Mark-ups
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board
or
a
public
library
board;
2.8
Mayor
shall
mean
the
Head
of
Council and
the
Mayor
of
the
Township
of Chatsworth
or
the
Deputy Mayor
acting
in
the
capacity
of
the
Mayor
in his/her
absence;
2.9
Meeting
shall mean
any
Regular,
Special,
Committee,
Committee
of
the
\Mrole
or other
Meeting
of Council and
its
Committees;
2.10
Member
shall
mean
a
Member
of
the
Council and shall
include
the
Mayor;
2.11
Motion
shall
mean
a
resolution
of
Council
or a
Recommendation
of
a Committee that is
under
debate
by
Gouncil or a
Committee;
2.12
Quorum
shall
be any
(3)
three
Members
of
the
Council
of the
Township
of
Chatsworth;'
'
2.13
Recorded
Vote
shall
mean
the
recording
of
the name
and
vote
of
every
Member voting
on any
matter or
question
during
a
Gouncil
Meeting;
2.14
Rules
of
Procedure
shall
mean
the
rules
and
regulations
provided
in
this
By-law.
3.0
Meetinqs
3.1
The
Meetings of the
Township of
Chatsworth
shall
be held on the
first
Wednesday
of
the
month at
9:00
a.m.
The
second
and
third
Wednesday of the
month the
Meetings
of
the
Township
of
Chatsworth shall
be
held
at
6:30
p.m
The
location is
to
be
determined by
the
Council
from
time
to time.
The
first
Meeting of
Council
subsequent
to
a
general
election
shall
be
held
on the
first
Wednesday
of
December at
9:00
a.m.
3.2
A
Quorum
shall
be
constituted
by any
(3)
three
Members
of the
Council of the
Township of Chatsworth.
3.3
lf
there
is
no
Quorum
present
within
15 minutes
after
the
time
appointed
for
the
Meeting,
the
Clerk
shall
record the
names of
the
Members
of
the
Council
present
and
the
Meeting
shall
stand
adjourned
until
the
next scheduled
Meeting.
As
soon
after
the
fixed time
for
the
Meeting
as
there
is
a
Quorum
present,
the
Mayor
shall
call
the
Members
to order.
ln
the
absence
of
ine
Uayor
or
if in¡s
omce
is
vacant,
the
Deputy
Mayor
shall
exercise
all
the
rights, powers
and
authority
of the
Mayor.
ln the
absence of
the
Mayõr
or
'Oeputy
Mayor,
the
Members
of
Council
present
shall
3.4
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establish
a
Chair
person
for
the
Meeting.
3.5
The
Council
shall stand
adjourned
at
12:00
p.m.
for
a
lunch
break
and
if
necessary
reconvene
and
stand
adjourned
at
4:00
p.m.
for
day
Meetings
whether
or not
the
business
is
concluded.
Council
preparation
for
the day
Meeting
is
considered as
part
of their day
for
compensation
purposes.
The
Council shall stand
adjourned
at
10:00
p.m.
for
evening
Meetings
whether
or
not
business
is
concluded.
Upon
a
vote
of
the
majority
of
the
Members
present,
the adjournment
time herein may
be
extended by
30
minutes.
3.6
a) The Mayor
may
at
any time summon
a
Special
Meeting
of
the
Council or Committee
of
the Whole.
b)
The
Mayor
or Clerk
shall summon
a
Special
Meeting
upon
receipt
of a
petition
of
the
majority
of the Council
Members for
the
purpose
and at the time and date
mentioned
in
the
petition.
c)
ln
either
of a) or
b),
the
Special Meeting
shall
be
held not sooner
than
48 hours
following
the
Mayor's
summons
or
receipt of
the
petition,
as the
case
may
be,
and
that the
Clerk shall
if
practical
provide
written notice.
lf
it
is
not practical
to
give
written
notice, notice
may
be
given
by
telephone,
text,
or
personal
contact
of
a
Special
Meeting immediately following
receipt
of the summons
or
petition.
3.7 Notwithstanding
the
notice requirements set out above,
in
the
event
of a bona
fide
emergency,
the
Meeting
may
be
held
as
soon
as
practicable
following receipt
of
the summons or
petition,
as
the
case
may
be, and
notice
may
be
given
by telephone,
text,
or
personal
contact
until contact
is made, as determined
by
the Clerk.
3.8
The notice for
a
Special
Meeting shall
specify the
purpose
for
which
the
Meeting
is
convened
and
no business shall
be
disposed
of at a
Special
Meeting
of
the Council
or Committee
of
the
Whole except
that
to
which
such
notice
related.
4.0 Meetinq
Aqenda
4.1.1
The
business
of
the
Council
Meeting
shall
be
taken
up
in
the
following order:
Call
to
Order
Opening
Ceremonies
Adoption
of
Agenda
Disclosure
of
Pecuniary
lnterest
Minutes
of
the
Previous
Meeting
Deleg
atio
ns/DePutations
Public
Meetings
Accounts
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8/16/2019 Agenda 10.3 Procedural by-Law With Some Mark-ups
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5.3
package.
Persons
making
a
presentation
shall
be limited
in
speaking
to
not
more
than TEN
minutes
except that
a delegation
consisting
of more
than
five
persons
shall
be
limited
to
two
speakers,
each
limited
in
speaking
time to not more
than TEN minutes.
A
person
may
speak longer
than
TEN
minutes if
granted
leave
by
the
Chair.
5.4
5.5
Repeat
delegations
on the
same
issue may
be
limited.
5
6
The
Public may have an opportunity
to
make
a
two
minute
comment
on an
Agenda item
while it is
being discussed by
Council
at
the
discretion of the
Chair.
6.0
Public
Meetinqs
6.1
Public Meetings
at Council
will
be held
as
follows;
Call to order
by
the
Chair,
presentations
of
subject
matter
by staff
or
proponents
as
the
case may be,
public questions
and
answers
and
adjournment. Public
asking
questions
or
making
comments
must
state
their
name. At
the Chair's discretion,
residency
or
non-residency
may
be
requested. The
Chair
may
expel
any
person present
at a
Meeting
who
speaks
or
makes a
noise or
behaves
in a
riotous,
disorderly or unseemly
manner
or othenryise
disturbs or
interrupts the
proceedings
of the
Meeting.
The
Chair
may
adjourn
the
Meeting
without
the
question
put,
in
the case of
grave
disorder arising
in the
Meeting
room.
6.2
No
decision
made
by
Council.
7.0 Duties
of
the
Chair
7.1 When
the
Chair
is
called
upon
to decide
a
point
of
order
or
procedure,
the
Chair shall
state
the
ruling
and
if
an
objection
is made
to the
ruling by
at
least
two
Members,
they shall
submit
it
to a
vote of
the Council
without debate
in
the
following
word,
shall
the
ruling of
the
Chair
be
sustained? ,
and
the
decision
of the
Council
shall
be
final.
7.2
When two or
more
Members
speak
at
once,
the Chair
shall
name
the
Member
who is
first
to be
heard and
the
other
or
others
shall
have
the
privilege
of
speaking
thereafter
in the
order
named
by
the
Chair.
T.g
The
Chair,
except
when
he
is
disqualified
to
vote
by
reason
of
pecuniary
interest
or
othenruise,
shall
vote.
7.4
The
Chair
shall
receive
and
submit,
in the
proper
manner,
all
Motions
presented
by
the
Members
of
the
Council.
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7
-5
The
Chair
shall
put
to
vote
all
questions
which
are moved
and
seconded
in
the
course
of
the
proceedings,
and announce
the
resutts
of
the vote.
7.6
The
Chair
shall
decline
to
put
to
a
vote
Motions
which
infringe
the
Rules
of
Procedure.
7.7
The
Chair
shall restrain
the Members,
when
engaged
in
debate,
within
the
rules
of
order.
7.8
The
Chair
shall
ensure
the
decisions
of
the
Council
are in
conformity
with
the
laws governing the activities of
the
Council.
7.9
The
Chair may
expel
any
person
present
at a Meeting
who
speaks
or
makes
a
noise
or
behaves
in
a
riotous,
disorderly
or
unseemty
manner
or othenruise
disturbs
or interrupts
the
proceedings
of
the
Meeting.
7.10
The
Chair
may
adjourn
the Meeting
without
the
question
put,
in the
case
of
grave
disorder
arising
in
the Meeting
room.
8.0 Duties
and Privileqes
of
Members
8.1
Members,
prior
to
speaking to
a
question
or
Motion,
shall
obtain the
permission
of
the Chair.
8.2
No Members
shall
use
indecent,
offensive or
insulting
language.
8.3 No
Member
shall speak except to
the
issue
in
debate.
8.4 No
Member
shall
interrupt
a
Member who
has
the
floor
except
to
raise
a
point
of
order.
8.5 No
Member
shall
disturb another
Member,
or the Council
itsell
by
any conduct disconcerting to any
Member
speaking.
8.6
No Member
shall
be
permitted
to
retake
their seat
at
any
Meeting
after being
ordered
by
the Chair to
vacate
after committing
a breach
of
any
rule
of
order
of
the
Council, without making apology
and
the
consent of the Council
expressed
by
a
majority
of
the
Members
present,
determined
without
debate.
8.7
No
Member shall
walk
across
or
out of the
Meeting
room or
make any
noise
or
disturbance
when the
Chair
is
putting
the
question
and
each
Member
present
shall
occupy
their
seat
while a
vote
is being
taken
and
until
the
result thereof
is
declared.
8.8
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.
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8.9
Any
Member
may
appeal the
decision
of the
Chair on
a
point
of order
to the
Council, who
shall
decide
the
question
without
debate.
8.10
Every Member
present
when
a
question
is
put,
shall
vote
thereon,
unless
they
have
declared a
pecuniary
interest
in
the
question
as
provided
by
the
Municipal
Conflict
of
lnterest
Act, R.S.O. 1990,
and
amendments
thereto.
9.0
Motions
and
Amendments
9.1
All Motions
shall
be
in writing
and be
moved
and
seconded beforethe
Chair can
put
the
question.
9.2
The
following
matters
and
Motions with
respect
thereto
may be
introduced
orally
without written
notice
and
without leave,
and do
not
require
a seconder and
are
not
debatable except
as
otherwise
provided
by
this
By-Law:
a) a
point
of order,
b)
presentation
of
petitions,
c) to defer,
d)
to table,
e) to separate the
question,
f)
to
postpone
indefinitely
or to a day
certain,
g)
to
move
the
previous
question,
h)
to
go
into Committee of
the
Whole,
¡) to
recess for
a
time definite,
j)
to adjourn.
9.3
After
the
Chair
reads
a
Motion,
it
may be
withdrawn
at the
request
of
the
mover
and
seconder
at
any
time
before
the
decision
and
amendment
with
permission
of Council.
9.4 A
Motion to amend
a) shall
not
be
further
amended
b)
a
further amendment
may be
made to
the
main
question
c)
shall
be
relevant
to
the
question
d)
shall
not be
received
if it
proposed
a
direct
negative
to
the
question
e)
shall be put in reverse order to
that
in
which
it
is
moved.
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9.5
A
Notice
of Motion
shall
be
in
writing
and distributed
to
Members
with
the
agenda.
9.6
A
Motion
to
table
can be
submitted
from
the floor by
a
Council
Member,
stating
the
reason
for
tabling
and if
the
Motion
to
Table is
carried,
the
original
Motion
shall
be
placed
on
Unfinished
Business
until
dealt
with
by
the Council.
10.0
Takinq
the Vote
10.1
Where
a vote is
taken for
any
purpose
and
a
Member
requests
immediately
prior
or
immediately
subsequent
to 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
their
vote
openly
and any failure
to vote
by
a
Member
who
is not
disqualified
shall
be
deemed
to be
a
negative
vote
and
the Clerk
shall
record
each
vote.
1A.2
The
names
of those who vote
for
and
those
who vote
against the
question
shall
be
entered
in
the
Minutes.
Each
Member voting
for the
question
shall say
yes
and each Member
voting
against the
question shall say
no .
10.3
When
recording
the
yes
votes
and the'no
votes,
the Clerk
shall
call the names
of
the
Members in
their alphabetical
order and before
the
result
of the
vote
are
announced by
the
Ghair,
the
Clerk shall,
if
requested,
read
the
vote
so
taken.
10.4
Any
question
on
which
there
is
an equality of
votes
shall be deemed
to be
negated.
I
,l.0
Reconsideration
11.1 A Motion
to
reconsider
a
decided
matter
shall only
be
introduced
by
a
Member
who
voted
with the
majority
on
the
original
Motion.
Before
accepting
a
Motion
to
reconsider,
the
Mayor may
ask the
Member
to confirm
that
he/she
voted
with
the
majority
on the
issue in
question.
11.2
A
Motion
to
reconsider
a decided
matter shall
require the
approval
of
at
least
two-thirds
of the
whole Council.
1 1.3 No Motion
for
reconsideration of
any
decided
matter shall
be
permitted
more than
once
during
a
period
of
twelve
months
following the date
on
which
the
question
was
decided.
11.4
lf a
Motion
to
reconsider
is
decided
in the
affirmative
at
a
Meeting, then
consideration
of the
original
matter
shall
become
the
neit order
of
business.
11.S
No
debate
on
a
Motion
to
reconsider
a
decided
matter
shall
be
permitted
however;
the
Mover
of
a
Motion
to
reconsider
may
þrovide
or
may
make
a brief
and
concise
statement
outlining
the
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reasons
for
proposing
such reconsideration.
12.0
Minutes
12.1
The
Minutes
of
the Council
shall
consist
of
a
record
of the
place
and
time
of
the Meeting,
the name
of
the
Chair,
a record
of all
Members
present,
and
the
names
of those
absent,
together
with
all
resolutions
and
decisions
of the
Council.
12.2
lt
shall
be
the
duty
of
the
Clerk
at the
close of
each
Meeting
to
transcribe
the
proceedings
as
outlined tn
12.1
in
the
Minute
Book.
12.3
The
Minutes
of the
previous Meeting shall be considered by
Council
within
the
next
2
regularly
scheduled
Meetings
of
Council so that
any
errors
therein
may
be
corrected
and
approved.
13.0
Accounts
13.1
The
Council
shall
receive
and approve
all accounts
dealing
with
the
operation
of
the Council.
14.0
Open
Meetinq
Provisions
14.1
All Meetings
of the Council shall
be open
for
the
attendance
of
the
public
except if
the
following
subject
matters
are
being
considered:
a)
the
security
of
the
property
of the
municipality
or
Local
Board;
b)
personal
matters
about an identifiable individual,
including
municipal
and
Local Board
employees;
c)
a
proposed
or
pending
acquisition
or
disposition
of
land
by
the
municipal
or
Local Board;
d)
labor relations
or employee
negotiations;
e)
litigation
or
potential litigation, including
matters
before
administrative
tribunals
affecting
the
municipality or
Local
Board;
D
advice
that
is
subject
to
solicitor-client
privilege,
including
communications
necessary for
that
purpose;
g)
a
matter
that
relates to the consideration
of a
request under
the
Municipal Freedom
of
lnformation and
Protection
of
Privacy
Act;
h)
a
matter
in
respect
of
which
a
Council, board,
Committee
or
other
body
may
hold
a
closed
Meeting
to
be
closed
under
another
Act;
¡)
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,
Committee
or
Gommittee
of
the
Whole).
14.2
Before holding
a
Meeting
or
part
of a
Meeting
that
is
to
be closed
to
the
public,
the
Council
shall
state
by
resolution:
;
8/16/2019 Agenda 10.3 Procedural by-Law With Some Mark-ups
10/11
a) the
fact
that
it is holding
a closed
Meeting;
b) the
general
nature of the matter
or
matters
to be considered at
the
closed
Meeting;
c)
any
persons
other than
a
Member
of
the
Board
and staff
or
Alternate
authorized to attend the closed
Meeting.
14.3 No Meeting
shall be closed
to the
public
during the taking
of
a
vote
except
where,
a)
Section
14.1
permits
or
requires
a
Meeting
to
be
closed to
the
Public;
b)
the
vote
is for
a
procedural
matter
or
for
giving
directions
or
instructions
to officers, employees
or agents
for
the
Council
or
Local
Board
or
persons retained by
or
under contract with
the
municipality
or Local
Board.
14.4
The rules
of the Council shall be observed
in
closed
Meeting sofaras
may
be
applicable.
14.5 No Member
or other
person
attending a closed session shall
release
a confidential
report
or content
of a discussion considered
at a closed
Meeting,
or
discuss
the
content of
such a
report
or discussion
with
persons other
than
Members
of
Council,
or
municipal
staff
members
and/or agents of the Council
who were
in
attendance
at the
closed
session,
without
the authorization
of
the Council.
15.0
Readinq of
Bv-Laws
and
Proceedinqs
Thereon
15.1 No
by-law except
a
by-law to confirm
the
proceedings
of
the
Council
shall
be
presented
to Council
unless the subject
matter thereof
has
been
considered
and approved
by the
Council and
a copy
of the
by-
law has
been
attached
to the agenda
or tabled
for
Council.
15.2 Every
by-law
when
introduced shall
be
in
typewritten
form
and
shall
contain
no
blanks
except
as
may be
required to conform
to accepted
procedure
or
to comply
with
the
provisions
of
any
Act.
15.3 The first and
second
reading
of
a
by-law
shall
be decided
without
debate.
154
Prior to the
third and
final
reading, the by-law
may be
debated
by
the
Council.
15.5 All amendments
to
a
by-law
shall
be
open
to debate
and
amendment
before
it is ordered
for
a
third
reading.
15.6
Every by-law
enacted
by
the
Council
shall
be
numbered
and
dated
anO
ônall
be
signed
by
ine
nnayor
and
Clerk
and
shall
be
deposited
for safe
keeping
in
the
by-law
book.
16.0
Public
Notice
8/16/2019 Agenda 10.3 Procedural by-Law With Some Mark-ups
11/11
16.1
The
Published
Agenda
shall
be
considered
as
adequate
notice
of
Regular
Meetings
of
Council
and its
Committees.
16.2
A
complete
copy
of the
published
Agenda
and Council
information
packages
shall
be
posted
on
the
municipal
website
for
Members
of
news
media
and
public
not later
than
one
business
day
preceding
the
scheduled
Meeting.
An
electronic
copy
will
be available for news
media
and
Public
to
view
during
the
Meeting.
A
paper
copy
may
be
provided
on
request with
24 hours
notice.
16.3 ltems
not
on the agenda
that
have
arrived after
the
preparation
of the
agenda,
that
in
the opinion of Council are
to
be
dealt
with
immediately
in
the
publics'
best interest
shall be
announced by Council after the
opening
ceremonies
and
will
be considered
by
Council with
the
approval
of
the
Members
present
at a time
later
in
the same
Meeting
as specified
by Council.
17.0 Gonfirminq
Bv-law
17.1
The
proceedings
at
every
Regular
and
Special
Meeting
shall
be
confirmed
by
By-law
at
the end of
each
Meeting
so
that
every
decision
of
Council at the
Meeting
and every
resolution
passed
thereafter shall have
the
same
force
and effect
as
if
each and every
one of them
had
been the subject
matter
of
a
separate
By-law duly
enacted.
18.0
Repeal
18.1
That
by-law
2012-40
be
hereby repealed.
19.0 Enactment
19.1
This By-law shall come
into
force and effect upon
final
passing
thereof.
Read
a
first
and
second
time
this
-
day
of
.2016.
MAYOR
Read a third
time
and
finally
passed
this
-
day
of
016.
MAYOR
CLERK