2018-23 Procedural By-Law
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CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
BY-LAW NO. 2018-23 AS AMENDED BY NO. 2022-32
Being a By-law to provide rules governing the proceedings
of Council and the conduct of its members
This by-law is printed under and by authority of the Council of the Township of Southwold.
Disclaimer: The following consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.
WHEREAS Section 238 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides that every Council shall adopt a procedure for governing the calling, place and proceedings of its meetings;
AND WHEREAS it is desirable that there be rules governing the order and procedure of the Council;
Table of Contents
PART 4: CANCELLATION OR RESCHEDULE OF MEETINGS
PART 5: NOTICE PROVISIONS OF REGULAR MEETINGS
PART 6: NOTICE PROVISIONS OF SPECIAL MEETINGS
PART 8: PREPARATION OF THE AGENDA
PART 9: MATTERS OF URGENCY/ADDITIONS TO THE AGENDA
PART 11: CLOSED MEETING INVESTIGATION
PART 13: VACANCIES/APPOINTMENTS
PART 16: DISCLOSURES OF PUCINAIRY INTEREST
PART 24: RULES OF CONDUCT OF COUNCIL OR COMMITTEE
PART 25: CONDUCT OF MEMBERS OF THE PUBLIC
PART 27: ROLE OF THE HEAD OF COUNCIL
PART 28: DISCLOSURE OF CONFIDENTIAL INFORMATION
PART 31: COMMITTEES OF THE WHOLE
PART 34: POINTS NOT PROVIDED FOR
PART 35: SUSPENSION OF PROCEDURES
PART 36: PROCEDURAL IMPERFECTIONS
PART 37: EXECUTION OF DOCUMENTS
PART 38: ELECTRONIC PARTICIPATION (2022-32 Amendment)
SCHEDULE 'A': DECLARATION OF PECUNIARY INTEREST FORM
SCHEDULE 'B': DELEGATION REQUEST FORM
Part 1: DEFINITIONS
(a) An Ad Hoc or Special Committee shall be composed of at least one (1) member of Council. Means a committee appointed to review and report on a specific issue; once the report is delivered, the committee is automatically dissolved;
(b) "Chair" means the Mayor or Chairperson of the meeting;
(c) "Clerk" means the Clerk of the Corporation of the Township of Southwold;
(d) “Closed Session” means a meeting or part of a meeting that is not open to the public, to discuss matters authorized by the Municipal Act R.S.O. 2001 as amended;
(e) "Committee" means any advisory or other committee, subcommittee or similar entity composed of one or more members of Council;
(f) "Committee of the Whole" means all the members of Council present sitting as a committee to facilitate discussion by using less restrictive rules than those used in the formal meeting of the Council;
(g) "Council" means the Council of the Corporation of the Township of Southwold;
(h) “Ex-officio” means by virtue of office or position and carries with it the right to participate fully in the committee meeting and to vote unless prohibited by law.
(i) "Local Board" means a local board as defined in the Municipal Affairs Act, except municipal police services board, library boards and school boards;
(j) "Meeting" means any regular, special, committee or other meeting of a council or local board or of a committee of either of them,
i. where a quorum of Members is present;
ii. and Members discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Council, local board, or committee.
(k) "Member" means a member of the Council or of a Committee and includes the Head of Council;
(l) “Motion” means a question to be considered by the Council or Committee which is moved, seconded, presented, read by the Chairperson or Clerk and is subject to debate. When a motion is adopted, it becomes a resolution;
(m) "Municipality" means the Corporation of the Township of Southwold;
(n) "Quorum" means a majority (more than 50%) of the whole number of members required to constitute the Council or Committee. In this municipality a quorum is three (3) members of the Municipal Council;
(o) “Recorded Vote" means the recording of the name and vote of every member present on any matter or question;
(p) “Resolution” means a motion that is carried or defeated and therefore represents the vote and will of Council;
(q) "Special Meeting" means a meeting not scheduled or held at a regularly scheduled date and time.
(r) "Electronic Participation" means participating in a Council meeting by a Councillor or member of a local board or committee through the use of electronic means; whether it be through teleconferencing, video conferencing or any technology that is considered appropriate by Council and available to the Township. (2022-32 Amendment)
Part 2: GENERAL PROVISIONS
2.1 The rules and regulations set out herein shall be observed in all proceedings of the Council, and with necessary modifications, the committees of council, and shall be the rules and regulations for the order and the conduct of business therein.
2.2 Following a regular or new election, the Clerk shall provide each member of Council with a copy of this By-law, including any amendments thereto.
Part 3: MEETINGS OF COUNCIL
3.1 Inaugural Meeting: Following a regular municipal election, the inaugural meeting of council shall be held at 11 o'clock in the a.m. on the first Monday following the start date of the new term of Council in the Council Chambers at 35663 Fingal Line.
3.2 Regular Meeting: After the first meeting, council shall meet for regular meetings, unless otherwise ordered by motion of council, as follows:
(a) Second and the Fourth Monday of each month commencing at 7:00 p.m.
If a Monday designated for the holding of a council meeting shall fall on a public holiday or inconvenient due to special circumstances, the council shall meet at the designated hour and specify day and place for an alternate meeting. Council dates will be set a year an advance and posted on the Township Website for public notice.
3.3 Special Meeting: The Mayor may at any time summon a special meeting of the Council, and it shall be the Mayor's duty to summon the special meeting whenever requested in writing to do so by a majority of the members of council. In the absence of the Mayor, or if the office is vacant, or if the Mayor refuses to act, a special meeting may be summoned by the Clerk upon a request signed by a majority of the members of council.
Only such business may be carried on at a special meeting as is shown in the written notice.
Part 4: CANCELLATION OR RESCHEDULE OF MEETINGS
4.1 Council may, by resolution, alter the time, day or place of any council and/or committee meeting.
Part 5: NOTICE PROVISIONS OF REGULAR MEETINGS
5.1 The Clerk shall give notice of the meeting to all Council members, and where required, to such other persons as the Chairperson or the Clerk deems advisable and conforming to the provisions in this By-law.
5.2 The Agenda shall be considered as notice of regular meetings which shall first make mention of the day, time and place for the meeting and shall be prepared and delivered via email to Council members and made available to Managers a minimum of two (2) working days prior to a regular meeting of Council. Public notice shall be posted on the website via agenda or other means as the Clerk deems appropriate. The full text of the Council agenda including all reports, by-laws, correspondence items, and other supporting materials shall be made available to the public on the same day as the Council meeting.
5.3 Where a municipality is required to give notice under a provision of the Municipal Act, the municipality shall, except as otherwise provided, give the notice in a form and in the manner and at the times that the Council considers adequate to give reasonable notice under the provision.
Part 6: NOTICE PROVISIONS OF SPECIAL MEETING
6.1 The notice of a special meeting called in accordance with this by-law shall be delivered to the Members of Council by email, telephone or personal contact, as determined by the Clerk and as time permits. The Notice of a Special Meeting shall be provided to Members of Council a minimum of forty eight (48) hours before the hour appointed for the holding of such meeting.
6.2 No business except the business dealing directly with the purpose mentioned in the Notice shall be transacted at any Special Meeting.
Part 7: EMERGENCY PROVISION
7.1 Notwithstanding any other provision of this By-Law, in the event of a bona fide emergency, an Emergency Meeting may be held without written Notice, to deal with an emergency or extraordinary situation, provided that an attempt has been made by the Clerk to notify the members about the Meeting as soon as possible and in the most expedient manner available. Public Notice shall be posted on the web as soon as possible either before the meeting or immediately following the meeting.
7.2 No business except business dealing directly with the emergency or extraordinary situation shall be transacted at the Emergency Meeting.
Notice: Lack of receipt of a Notice or of the Agenda by the members shall not affect the validity of the Meeting or any action taken thereat.
Part 8: PREPARATION OF THE AGENDA
8.1 The Clerk shall prepare Agendas of Council and Committee meetings as applicable and when expedient, may extend this responsibility to another member of the administrative staff.
The Clerk shall:
8.2 Accept items for any Agenda from the Head of Council or presiding officer and from members of Council or Committee;
8.3 Receive correspondence and petitions from the public and if, in the opinion of the Clerk, the matter warrants the consideration of Council or Committee, place the correspondence or petition on the Agenda. When in the opinion of the Clerk the correspondence or petition should be first dealt with in Committee, it shall be directed to the appropriate Committee for consideration and the subsequent recommendation is to be included in a future Agenda of Council;
8.4 Insofar as is practical, Council and Committee Agendas along with supporting material, shall be prepared and delivered or otherwise conveyed to Council members and made available to Managers a minimum of 2 working days prior to a regular meeting of Council.
Part 9: MATTERS OF URGENCY/ADDITIONS TO THE AGENDA
9.1 Urgent Items: When a Councillor or staff member wishes to inform the Council of a matter that must be considered immediately, due to extreme time constraints or utmost importance, after the Agenda has been prepared, the Council by majority vote during the “Confirmation of Agenda” shall determine if the matter is admissible and requires immediate action and such item may be included as an Addendum to the Agenda without prior Notice being given.
9.2 Non-Urgent Items: All other matters NOT considered urgent may be added to the agenda by notifying the Clerk prior to the meeting to prepare an Addendum to the Agenda which will be forwarded to Council prior to the Council Meeting. The Clerk will make the determination whether the item should be placed on the Agenda as an Addendum or be placed on the next Regular Council Meeting agenda.
Part 10: OPEN/CLOSED MEETINGS
10.1 All meetings of the Council and its committees shall be open to the public. Council may direct the meeting or part of the meeting be closed to the public if the subject matter being considered is:
(a) the security of the property of the municipality or local board;
(b) personal matters about an identifiable individual, including municipal or local board employees;
(c) a proposed or pending acquisition or disposition of land by the municipality or local board;
(d) labour relations or employee negotiations;
(e) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
(f) advice that is subject to solicitor- client privilege, including communications necessary for that purpose;
(g) a matter in respect of which a council, board, committee or other body may hold a closed meeting under another Act.
(h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
(i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
(j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or
(k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board
10.2 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, board, commission or other body is designated the head of the institution for the purposes of that Act.
A meeting may also be closed to the public if the following conditions are both satisfied:
(i) The meeting is held for the purpose of educating or training the members; and
(ii) 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.
10.3 Before holding a meeting or part of a meeting that is closed to the public, Council or Local board or committee shall state by resolution:
i) The fact of the holding of the closed meeting; and the general nature of the matter to be considered at the closed meeting.
ii) In the case of a meeting closed for educational or training session, the fact of the holding of the closed meeting, the general nature of its subject-matter.
10.4 Vote: A meeting shall not be closed to the public during the taking of a vote, unless Section 239 (2) of the Municipal Act 2001, S.O. 2001, c.25, as amended permits the meeting to be closed to the public and if 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 a contract with the municipality.
Part 11: CLOSED MEETING INVESTIGATION
11.1 The Council has appointed a Closed Meeting Investigator (By-Law No. 2018-04) to carry out Closed Meeting Investigations, upon request by any person, to determine whether the Council or a local board has complied with its Closed Meeting Proceedings or the Council’s Procedural By-Law in respect of a meeting or part of a meeting that was closed to the public, in accordance with Section 239.2 of the Municipal Act.
Part 12: COMMITTEES
12.1 Insofar as is possible, the procedures of the committees shall be the same as those set out for council. Public Notice for meetings are not posted on the website. Generally meeting dates are set out in the minutes (prior to adjournment) otherwise information on meeting dates can be obtained by contacting the municipal office.
12.2 Any member of council may be placed on a standing or other committee and the Mayor shall be ex-officio member of all committees.
12.3 The general duties of the Committees of Council shall be to report to Council at least annually, and as often as the interests of the Council may require, on all matters connected with the duties imposed on them respectively, and to recommend such action by the Council in relation thereto as may be deemed necessary.
Part 13: VACANCIES/APPOINTMENTS
13.1 The Head of Council shall be responsible to appoint members of Council to the various Committees or local boards.
13.2 Members of Council shall appoint all other persons serving on committees/boards/ agencies. Vacancies, which occur during the year shall be filled by Council.
13.3 Council Vacancies shall be addressed following the prescriptions in section 259 of the Municipal Act, as amended.
13.4 If permitted by the County of Elgin Procedural By-Law, the Township of Southwold appoints the Deputy Mayor as an alternate member of the upper-tier council, to act in place of the Mayor, who is a member of the councils of the local municipality and its upper-tier municipality, when the Mayor is unable to attend a meeting of the upper-tier council for any reason
Part 14: LEAVE OF ABSENCE
Any member of Council or member of any Committee may make a request for a leave of absence in accordance with section 259 (1) (c) of the Municipal Act, for health reasons. The granting of the leave of absence will be at the discretion of Council and will not exceed three (3) months in duration. Council reserves the right to extend the leave for an additional three (3) months periods based on the individual’s case. The Council member or Committee member will not be paid while they are on a leave of absence however, Council will agree to extend health benefits, if they apply.
Part 15: QUORUM
15.1 A quorum is required to commence and continue any meeting of Council or Committee.
15.2 Subject to the Municipal Conflict of Interest Act R.S.O. 1990, a quorum of this Council shall be a majority of the whole number of members required to constitute a council thereof, that is three (3) members, unless a two-third majority shall be required by statute or by-law.
15.3 NO QUORUM: Unless there shall be a quorum present within one-half hour after the time appointed for the meeting of council, there shall be no meeting thereof until the next regular day of meeting, unless in the meantime, a special meeting is called.
15.4 If at any time during the meeting there is no quorum, the meeting shall automatically be deemed to stand recessed until there is a quorum again in attendance or should the lack of a quorum continue for thirty (30) minutes, then the meeting shall automatically be adjourned until the next regular meeting, or until a special meeting is called to deal with the matters still pending at the adjourned meeting.
15.5 The clerk shall record the names of such members as are present.
15.6 A quorum of any of the committees appointed by the council shall be a majority of its members.
Part 16: DISCLOSURES OF PECUNIARY INTEREST
16.1 Any member who has a direct or indirect pecuniary interest on matters brought before Council or Committee is required by law to make a disclosure of their interest in the following manner:
(a) Disclose the interest and its general nature at the meeting, prior to any discussion taking place;
(b) Refrain from taking part in the discussion of the matter;
(c) Refrain from voting on the matter;
(d) Make no attempt to influence the voting at any time before, during or after the meeting;
16.2 Closed meeting - If the matter in which the member has a pecuniary interest is discussed at a meeting closed to the public, the member must disclosed their interest as outlined above, and also leave the meeting, or that portion of the meeting dealing with the matter.
16.3 A member’s disclosure of pecuniary interest during a closed meeting must also be recorded in the minutes of the next meeting that is open to the public. This can be achieved by recording the members disclosure of pecuniary interest as a “note to the minutes” immediately upon coming out of the closed portion of the meeting, at which time, the member is again prohibited from discussing or voting on the minutes related to the matter.
16.4 The municipality is required to maintain a registry of statements and declarations of pecuniary interest which is to be made available for public inspection. To easily facilitate this, members wishing to disclose a pecuniary interest may complete the declaration form attached as Schedule A to this By-Law.
16.5 Chairperson - If the Head of Council or presiding officer has made a disclosure of pecuniary interest on any matter before Council or Committee, the Chairperson shall withdraw from the chair during the deliberations on that matter.
16.6 In the event that the Head of Council or presiding officer and the Deputy Mayor or chairperson are unable to chair the portion of a meeting in which a disclosure of pecuniary interest applies, a chairperson shall be chosen from the members present to act as Chairperson for that portion of the meeting.
Part 17: PRESIDING OFFICER
17.1 If the Mayor is not in attendance at the hour of the meeting, or as soon as a majority of the council is present, the Deputy Mayor shall act in the place and stead of the Head of Council. If the Deputy Mayor is also absent, a chairman shall be chosen from members present and preside over the meeting until the arrival of the Mayor or Deputy Mayor.
17.2 Duties of the Presiding Officer
It shall be the duty of the Head of Council or presiding officer:
a) To open the meeting by taking the chair and calling the members to order;
b) To announce the business before the Council or Committee in the order in which it is to be acted upon;
c) To receive and submit, in the proper manner all motions presented by the members;
d) To put to a vote all questions which are moved and seconded or which necessarily arise in the course of the proceedings, and to announce the results of such vote;
e) To decline to put to a vote motions which infringe upon the rules of procedure;
f) To enforce on all occasions the observance of order and decorum among the members and guests;
g) To call by name any person persisting in breach of the rules of order of the Council or Committee thereby ordering the person to vacate the Council Chamber or other place of meeting, as the case may be;
h) To authenticate by signature all By-laws, resolutions and minutes of the Council or Committee;
i) To inform the Council or Committee when necessary, or when referred to for the purpose, on a point of order of usage;
j) To select the members of Council who are to serve on Committees, and have such approved by resolution of Council, from time to time;
k) To represent and support the Council or Committee declaring its will and implicitly obeying its decisions in all things;
l) To ensure that the decisions of Council or Committee are in conformity with the laws and By-laws governing the activities of the Municipal Corporation or Committees;
m) To order any person or group in attendance at the meeting to cease and resist any behavior which disrupts the order and decorum of the meeting;
n) To expel from a meeting any person or group who continues to disrupt the meeting after being so warned and who engages in improper conduct;
o) To adjourn the meeting without question in the case of grave disorder arising in the Council Chamber or other place of meeting, as the case may be;
p) To adjourn the meeting without question in the case of any person or group who refused to vacate the place of meeting after being ordered to do so by the Chairperson;
Part 18: ORDER OF BUSINESS
18.1 Agendas shall be generally formatted as follows but modifications to the matters to be included in the order of business may be effected without requiring amendment to this By-Law. The business of the Council shall be taken up in the order in which it stands upon the agenda unless otherwise decided by resolution passed by 2/3 of the members present.
1. Call to Order
2. Confirmation of Agenda
3. Disclosure of Pecuniary Interest
4. Adoption of Minutes
5. Delegations
6. Drainage
7. Planning
8. Reports
9. Correspondence
10. By-laws
11. Other Business
12. Closed Session
13. Adjournment
18.2 All items on an Agenda NOT dealt with at a meeting shall be placed on the Agenda for the next regular meeting unless otherwise decided by resolution passed by 2/3 of the members present.
Part 19: DELEGATIONS
19.1 All requests to appear before council shall be received in the Clerk's office not later than 12:00 noon of the Wednesday preceding a council meeting, accompanied by a written brief outlining the subject matter of the presentation, and such presentation shall be limited to ten minutes. Delegations shall complete the form attached as Schedule B to this By-Law.
19.2 An extension to a delegation may be granted with the consent of the majority of Council members present.
19.3 There shall not be more than three (3) delegations at any meeting, unless approved by the Head of Council.
19.4 Delegations are limited to two speakers.
19.5 Persons addressing council shall confine their remarks to the stated business.
19.6 Council may pass a motion to allow delegations, who attend council meeting but are not on the agenda, to address council.
19.7 The Clerk may make a determination as to the approval or refusal of a delegation, deferral of delegations to subsequent meetings or referral to the appropriate Committee or Manager.
19.8 No delegation will be permitted to address the Council or Committee with respect to a specific issue dealt with during closed sessions, under the provisions of the Municipal Act R.S.O. 1990, as amended.
19.9 Council may refuse to hear deputations when, in the opinion of the council, the subject of the presentation is beyond the jurisdiction of the Township of Southwold.
Part 20: MINUTES
20.1 It is the duty of the Clerk to duly record, without note or comment, all main motions voted on, but not amending motions preceding the vote on the main motion and other proceedings of the Council or Committee.
The Minutes shall also record:
20.2 The place, date and time of the meeting;
20.3 The names of the Council or Committee members in attendance and the absence of any members.
20.4 Council or Committee shall adopt at a public meeting all minutes of previous meetings submitted by the Clerk. During the adoption of the minutes of a previous meeting, no changes can be made in the action taken at previous meetings by Council or Committee, except for changes in the form of errors with regard to Council minutes, and errors and/or amendments with regard to Committee minutes. Omissions in the recording of any action taken at the previous meeting may be made in adopting the minutes.
Part 21: CORRESPONDENCE
21.1 All correspondence for agenda listing for a regular council meeting to be lodged with the clerk by 4:30 pm of the Wednesday preceding the council meeting.
Part 22: MOTIONS
22.1 Motions shall be debated in the order of their presentation on the Agenda. Motions and Resolutions on the Agenda will only be read aloud if requested by a member.
22.2 Ultra Vires - A motion relating to a matter not within the jurisdiction of Council or Committee is not in order and shall not be entertained by the Chairperson.
22.3 New Matters - Members of Council or Committee, the Clerk and other officers may introduce matters to be dealt with by motion, subject to the notice provisions in this By-law.
22.4 A motion for introducing a new matter shall not be presented without notice unless Council or Committee, without debate, dispenses with such notice by a 2/3 vote of members present. All new matter motions shall be read aloud by the Clerk.
22.5 Mover & Seconder - Every motion must be formally moved and seconded before being debated or put to a vote. A member will indicate their intention to move or second a motion by raising their hand, which will be acknowledged by the Chair.
22.6 Any member may require a motion under discussion to be read by the Chairperson at any time during the debate but not so as to interrupt another member who is speaking
22.7 Disposition - A motion placed properly before the Council or Committee for consideration must be properly disposed of before any other motions can be received, unless it is a motion to amend, to refer, to defer indefinitely or to a specified time, to adjourn the meeting or that the vote be now taken.
22.8 Motion to refer - A motion to refer shall require direction as to the body to which it is being referred to, and is not debatable.
22.9 Motion to defer - A motion to defer must include a reason for the deferral, and a time certain to which the matter is deferred.
22.10 A motion to refer or defer shall take precedence over any motion or amendment except a motion to adjourn.
22.11 Amendments - Amendments are changes in the form of a motion. An amendment is designed to alter or vary the main motion without materially changing its intent or meaning. It may propose certain words be omitted, replaced or added.
(i) There shall not be more than two (2) amendments to the main question;
(ii) A motion to amend shall be relevant to the main motion.
22.12 Order of Vote – All amendments shall be put in the reverse order in which they are moved; and every amendment submitted shall be decided upon or withdrawn before the main question is put to vote.
22.13 Withdrawal – Before a motion has been stated by the chair, the motion is the property of its mover, who can withdraw it or modify it without consent. Once the motion has been stated by the chair, the motion is the property of the Council and requires the consent of the majority of Council to withdraw or modify the motion.
22.14 Reconsideration – 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 Chair may ask the Member to confirm that he voted with the majority on the issue in question.
22.15 Motion to reconsider a decided matter shall require the approval of at least two-thirds of the members present.
22.16 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.
22.17 Debate on a motion to reconsider must be confined to reasons for or against reconsideration.
22.18 If a motion to reconsider is decided in the affirmative, such reconsideration may be made at the same meeting of Council or at the discretion of the Head of Council may be made at a subsequent meeting of Council or Committee which must be presented to the Clerk in the form of a Notice of Motion prior to the preparation of the Agenda for that meeting.
22.19 In the event of a resolution that was defeated due to an equality of votes, both sides shall be considered as prevailing.
Part 23: PETITIONS
23.1 Every petition, protest, or other written application intended to be presented to the Council, must be legibly written or printed on paper, and signed by at least one person, complete with their mailing address and telephone number otherwise it will not be considered by Council.
Part 24: RULES OF CONDUCT OF COUNCIL OR COMMITTEE
24.1 The Mayor 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 meeting, subject to an appeal to the council. In addition to their conduct at meetings as described below, all members shall abide by the terms and conditions in the Council Code of Conduct By-Law, as amended.
A member shall not:
(a) disturb the council by any disorderly deportment;
(b) use profane or offensive words or insulting expressions;
(c) disobey the rules of the council or a decision of the Mayor or the council on points of order or on the interpretation of the rules of procedure of the council;
(d) leave their seat or make any noise or disturbance while a vote is being taken or until the result is declared;
(e) interrupt a member who is speaking, except to raise a point of order or a question of privilege.
(f) every member, previous to speaking to a question or motion, shall obtain the permission of the Mayor or presiding officer to speak.
(g) when more than one member addresses the chair at the same time, the Mayor or presiding officer shall name the one entitled to speak first, but a motion may be made to change the priority of the speakers.
(l) when a member is called to order he/she shall cease speaking unless allowed to explain, and the ruling of the Mayor or presiding officer shall be obeyed, subject to appeal to the council, but without debate.
(i) A member shall speak no longer than fifteen minutes to any question, nor more than once, except in explanation or by permission of the Mayor or the presiding officer, when no new matter shall be introduced.
(j) If the Mayor or the presiding officer desires to leave the chair for the purpose of taking part in the debate or otherwise, he shall call a member of the council to the chair until he resumes his place; and should the Mayor or presiding officer retire from the chair before adjournment, and fail to call some member to the chair, the council may elect some member to preside over the meeting until the business of the meeting is finished.
(k) As a Council Appointee, sitting on any Board or Committee, all appointees shall accurately and adequately communicate, and support, the approved decisions of Council, even if they disagree with Council’s decision, such that respect for the decision-making process of Council is fostered. If a Council Appointee is unable to support an approved decision of Council, then the representative or appointee shall advise Council, who shall have the option to replace that representative appointee on the affected Board or Committee, on a temporary basis, until the matter has been dealt with. A Council Appointee also includes ex-officio.
(l) Council has appointed an Integrity Commissioner and Municipal Ombudsman (By-Law No. 2018-04) to carry out investigations, upon request by any person, to determine whether the Council, local boards and committee members have complied with its Code of Conduct, in accordance with Section 239.2(1) of the Municipal Act
Part 25: CONDUCT OF MEMBERS OF THE PUBLIC
25.1 No person at a meeting shall:
(a) Speak aloud at a meeting or address members without first receiving permission of the Chairperson to do so;
(b) Use profane or offensive words or insulting expressions against the Council or Committee or against any members, staff or guest;
(c) Resist the rules of Council or Committee or disobey the decisions of the Head of Council or presiding officer or of Council or Committee on questions of order or practice or upon the interpretation of the rules of Council:
(d) Leave his seat or make any noise or disturbance while a matter is being considered or discussed by Council or Committee or while a vote is being taken and until the results of such vote are declared;
(e) Disturb another or the Council or Committee or staff or guest by any disorderly conduct disconcerting to the speaker or the assembly;
(f) Interrupt any member while speaking through speaking out, noise or disturbance except for a member of Council or Committee to raise a point of order;
(g) Enter the meeting while a vote is being taken;
(h) Be permitted to attend another meeting of Council or Committee after being ordered to vacate, having committed a breach of any rule of Council, and without have first met with the Head of Council or presiding officer and the Chief Administrative Officer, and having satisfied the Head of Council that their conduct at future meetings will be in conformity to the rules of this By-law;
(m) Address the Council with respect to a specific issue dealt with during Closed Sessions, under the provision of this By-law and the Municipal Act R.S.O. 1990, as amended.
Part 26: ROLE OF COUNCIL
It is the role of Council:
(a) to represent the public and consider the well-being and interest 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;
(f) to ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality;
(f) to maintain the financial integrity of the municipality; and
(g) to carry out the duties of council under any Act.
Part 27: ROLE OF THE HEAD OF COUNCIL
It is the role of the head of council:
(a) to act as chief executive officer of the municipality;
(b) preside over council meetings so that its business can be carried out efficiently and effectively;
(c) to provide leadership to the council;
(d) to represent the municipality at official functions; and
(e) to carry out the duties of the head of council under any Act.
As Chief Executive Office of a municipality, the head of council shall:
(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.
Part 28: DISCLOSURE OF CONFIDENTIAL INFORMATION
28.1 Where a matter is discussed during a closed session permitted under the provisions of this By-law or the Municipal Act, R.S.O. 1990, members of Council or Committee, staff or other persons in attendance shall not discuss or repeat the discussion, in whole or in part, with any other person outside of the closed session.
28.2 Following a closed session, members of Council or Committee, staff or other persons in attendance are hereby instructed to restrict their response to public and media inquires as to the content of a closed session to "No Comment” unless appointed by resolution passed by 2/3 of the members present as the official spokesperson, or to issue a press release or comments approved by Council or Committee, as the case may be.
28.3 Any violation will result in the exclusion of the offending member, staff or persons from any future closed sessions and that person will no longer be provided with correspondence, materials or information proposed to be dealt with in closed session; and
Such violation shall be recognized by Council or Committee and the exclusion of the offending member, staff or persons shall be by resolution passed by 2/3 of the members present during a closed session.
Part 29: VOTING
29.1 Every member of the council shall vote on all questions by a show of hands, unless such member has indicated a conflict under the Municipal Conflict of Interest Act.
29.2 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.
29.3 When a recorded vote is requested, a member not present when the question is called shall not be entitled to vote on that question.
29.4 When a recorded vote is requested, the first Council member to vote shall be chosen by lot and the other members vote alphabetically by surname thereafter, including the Mayor and Deputy Mayor. The Clerk shall make the draw for the name of the first Council member to vote. The Mayor shall read the motion. The Clerk shall call the names of the Council members in the order as they are to vote and record their vote, as announced.
29.5 Recorded Vote For/Against - If there is no request for a recorded vote, a member may request the Clerk to record his/her vote only, either for or against the question, as the case may be.
29.6 Any question having a tie vote shall be deemed to be lost.
Part 30: BY-LAWS
30.1 By-laws shall only be passed at Council meetings.
30.2 A By-law may be given three readings on the same day except when requested otherwise by resolution passed by 2/3 of the members present, or unless provided by law.
30.3 A by-law shall be deemed to have been read upon the title or heading thereof being read or taken as read unless a member of council requires the by-law or any portion thereof to be read in full.
30.4 When a by-law has been read a third time and finally passed by the council it shall forthwith be signed by the Mayor or the presiding officer, and sealed with the dates of the several readings endorsed thereon by the Clerk.
30.5 Council may pass a resolution so that By-Laws can be taken collectively and read a first, second and third time collectively.
30.6 Council may pass a Confirmatory By-Law at the end of the meeting which has the effect of providing assurance that each report, motion, resolution, or other action passed and taken by Council at its meeting is adopted, ratified, and confirmed as if each was confirmed by a separate By-Law.
Part 31: COMMITTEE OF THE WHOLE
31.1 Committee of the Whole shall be council sitting as Committee of the Whole. The rules governing the procedure of council and the conduct of the members of council, shall be observed in Committee of the Whole, so far as they are applicable, except that:
i) motions may be moved and seconded orally; and
ii) more latitude may be allowed in discussions, as determined by the committee.
Part 32: ADJOURNMENT
32.1 The Council shall always adjourn at 11:00 p.m. unless otherwise decided before that hour by a majority of the members present at the meeting.
Part 33: POINTS OF ORDER
33.1 The Head of Council or Presiding Officer shall preserve order and decide questions of order.
33.2 The Council, if appealed to, shall decide the question without debate and its decision shall be final.
Part 34: POINTS NOT PROVIDED FOR
34.1 Subject to the provisions of the Municipal Act, and except as expressly provided for in this By-law, Robert’s Rules of Order shall be referred to and abided by as far as applicable when questions arise respecting the interpretation of the rules contained in this By-law, and on all points of order or procedure not provided for in this By-law.
34.2 Subject to Section 34.1, all points of order or procedure not provided for in this By-law or in Roberts Rules of Order shall be decided by a vote of Council or Committee members present.
Part 35: SUSPENSION OF PROCEDURES
35.1 Any procedure under this By-law which is discretionary and not mandatory under statute may be suspended with the consent of the majority of the members present.
Part 36: PROCEDURAL IMPERFECTIONS
36.1 The lawful will and intent of the Council shall always take precedence and procedural imperfections in the dispatch of business shall not affect the validity of any action taken.
Part 37: EXECUTION OF DOCUMENTS
37.1 Whenever to give effect and any resolution or by-law of the Corporation, or to perform any of the statutory duties of the Corporation the execution of any document is required, the Head of Council or designate, Clerk or Deputy Clerk are hereby authorized for and in the name of the Corporation to affix the seal of the Corporation to such documents.
Part 38: ELECTRONIC PARTICIPATION
(2022-32 Amendment)
38.1 Notwithstanding that set forth in Section 6, and in accordance with the COVID-19 Economic Recovery Act, 2020 to amend the Municipal Act, 2001, the following rules and regulations for electronic participation in a Council Meeting shall apply:
a) A Member who is unable to attend a Council Meeting in person may participate in that Meeting by electronic or other communication facilities if the facilities enable all participating Members, whether attending in person or through electronic participation, to hear and be heard by all other Members.
b) Except for all or any part of the Council Meeting that is closed to the public, the electronic or other facilities are capable of and enable the public to hear, or watch and hear, all Members participating in the Meeting.
c) A Member who intends to participate in any such Meeting of Council by electronic or other communication facilities shall give reasonable notice to the Clerk. In all such circumstances, the Clerk will, as soon as reasonably possible, provide the Member intending to attend by electronic participation with instructions on how to connect to and participate in that Meeting by electronic or other communication facilities.
d) There shall be no limit upon the number of Members who may attend a Meeting of Council by electronic or other communication facilities.
e) The Mayor (or designate), as Chair, shall lead the Meeting and be present from a designated meeting location supported by the CAO (or designate), where possible.
f) Each Member attending the Meeting by electronic or other communication facilities shall notify the Chair and other Members when he or she joins the Meeting and, if and when applicable, upon leaving the Meeting.
g) Any Member attending and present during a Meeting by electronic or other communication facilities shall be counted for purposes of quorum at the commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or other communication facilities may participate in all aspects of the Meeting as if present in person, including but not limited to debate, questioning, presentation of motion, and/or voting.
i) During the course of a Meeting within which any Member is participating by electronic or other communication facilities, the Chair (or designate) shall announce each agenda item on the floor of the Meeting and shall thereafter maintain an orderly meeting process, including keeping Members fully informed.
j) Any Member attending and present during a Meeting by electronic or other communication facilities may vote on any matter being considered in such Meeting and that vote shall be counted and, as set forth below, duly recorded.
k) During the course of each vote conducted within such Meeting:
i. All votes shall be a recorded vote conducted by the Clerk, as directed by the Chair, unless Council decides otherwise.
ii. The Clerk shall call the name of each Member to vote and shall thereafter record such indicated vote of that Member as “yes” or “no’.
iii. If the Member, whether present in person or electronically and after two attempts, fails to respond to the call of his or her name, then the vote is recorded as “no”, unless directed otherwise by the Chair.
iv. The Clerk shall announce the results of the vote to the Chair and Council, including announcement of the specific vote of each Member as either “yes” or “no”.
l) During the course of the Meeting:
i. Each Member shall remain silent and attentive to the proceeding when not assigned to the floor by the Chair.
ii. Each Member shall listen for their name to be assigned to the floor to speak or to vote.
iii. All Members shall take and abide by the directions of the Chair in order to facilitate an effective, efficient, and orderly Meeting.
38.2 The rules and regulations set forth under Section 38.1 of this By-law shall also be applicable to any Council Meeting held during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Township of Southwold pursuant to either section 4 or 7.0.1 of the Emergency Management and Civil Protection Act.
That By-law No. 2016-16 is Repealed in its entirety and any By-Laws that are inconsistent with the provisions found in this By-Law be and are hereby repealed.
This by-law shall come into force and take effect on the final passing thereof.
READ a first and second time, considered read a third time and finally passed this 12th day of MARCH, 2018.
_______________________ _________________________
Mayor Clerk
Grant Jones Lisa Higgs
Schedule 'A' to By-law No. 2018-23
DECLARATION OF PECUNIARY INTEREST FORM
Council Meeting Date:___________________________________________
In accordance with the Municipal Conflict of Interest Act:
I, ____________________________________________________ (name), have a pecuniary interest with respect to:
Description - Refer to Agenda Item # (if applicable) and describe topic of discussion
I therefore declare a disclosure of pecuniary interest, and the general nature thereof as follows: (i.e. employment, membership, etc.)
I do therefore agree not to take part in the discussion of, or vote on any question in respect of the matter, and shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.
____________________________________(Date)
____________________________________(Signature)
Schedule 'B' to By-law No. 2018-23
THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
DELEGATION REQUEST FORM
This Delegation Request Form, and any written submissions or background information for consideration by either Council or Committees of Council must be submitted to the Clerk’s office by the following deadline:
12:00 NOON ON THE WEDNESDAY PRIOR TO THE REQUESTED MEETING DATE
COUNCIL/COMMITTEE/ADVISORY COMMITTEE DATE:______________________________________________________________________
SUBJECT:________________________________________________________________________________________________________________________
NAME OF SPOKESPERSON:____________________________________________________________________________________________________
NAME OF GROUP OR PERSON(S) BEING REPRESENTED (if applicable):
___________________________________________________________________________________________________________________________________
BRIEF SUMMARY OF ISSUE OR PURPOSE OF DELEGATION:
PLEASE COMPLETE THE FOLLOWING:
Have you been in contact with Municipal Staff or a Council Member regarding your matter of interest?
YES ☐ NO ☐
IF YES, WITH WHOM? ___________________________________ DATE:__________________________________
☐ I acknowledge that the Municipal Procedural By-law permits ten (10) minutes for Delegations.
INFORMATION ON THIS PAGE OF THE FORM WILL BE PRINTED
ON A PUBLIC AGENDA
The Clerk’s office will confirm your Delegation by telephone and/or e-mail after receiving this form. Due consideration will be given to your request. Accommodating your request for a certain meeting date and time will depend on the length of the agenda in question. You will be advised of the earliest possible date when your delegation may be heard by Council.
CONTACT INFORMATION:
NAME:____________________________________________________________________________________________
ADDRESS:_________________________________________________________________________________________
TOWN/CITY:_________________________________ POSTAL CODE:_________________________________
PHONE #:____________________________________ FAX:____________________________________________
EMAIL:_______________________________________ WEBSITE:_______________________________________
DO YOU REQUIRE ANY ACCESSIBILITY ACCOMMODATION? YES ☐ NO ☐
IF YES, WHAT DO YOU REQUIRE?________________________________________________________________
Should you require assistance completing this form, please contact the Municipal Office at (519) 769-2010.
Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public, pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, Chapter M.56. Questions about this collection should be directed to the Municipal Clerk, Township of Southwold, 35663 Fingal Line, Fingal ON N0L 1K0, Telephone (519) 769-2010.
Please review the attached information regarding your Delegation Request and the Township of Southwold’s Procedural By-law.
PROCEDURAL BY-LAW (Excerpt)
All municipalities are required to have a Procedural By-law that governs the calling, location and proceedings of a Council or Committee meeting. The following section of the Procedural By-law pertains to your involvement in a Council or Committee meeting.
19 Delegations
19.1 There shall be no more than three (3) delegations, in total, scheduled for any Regular Meeting of Council unless the Head of Council approves additional delegations no later than forty-eight (48) hours prior to the Regular Meeting.
19.2 Persons desiring to verbally present information on matters of fact or to make a request to Council shall give notice, including specific details regarding the subject of their address to the satisfaction of the CAO/Clerk no later than 12:00 Noon on the Wednesday of the week prior to the Meeting.
19.3 Notwithstanding Section 8.1.2, Council may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds (2/3) majority.
19.4 Notwithstanding Section 8.1.3, 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 Council for which the public has been given notice of the Public Meeting under the Planning Act, or any other Act, or according to Municipal Policy, as required.
19.5 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for no more than ten (10) minutes, and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of Council Members present. Where a delegation consists of a group of three or more persons, the group may address the Council for no more than fifteen (15) minutes. Where a Delegation has not provided the CAO/Clerk with supporting documentation in advance, but wishes to provide Members with written communication supporting the Delegation’s comments at the time of the presentation, the documentation shall be provided to the CAO/Clerk and may be distributed to the Members at the discretion of the CAO/Clerk.
19.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the CAO/Clerk at the time the presenter(s) contacts the CAO/Clerk’s Department to register for the meeting. The presentation material must be provided to the CAO/Clerk by 12:00 Noon on the Wednesday of the week prior to the scheduled day of the Meeting.
19.7 No Delegation shall:
a) speak disrespectfully of any person;
b) use improper language or un-parliamentary language;
c) speak on any subject other than the subject for which they have received
approval to address Council; or
d) disobey the rules of procedure or a decision of the Chair of Council.
19.8 Members of Council shall be permitted to ask questions of delegates only to clarify their submissions or to elicit further information from them that is relevant to their submission.
19.9 Council may refuse to hear a delegation when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality.
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