Procedural

CORPORATION OF THE TOWNSHIP OF PAPINEAU-CAMERON
BY-LAW NUMBER 2014-014
BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF COUNCIL, THE CONDUCT OF
ITS MEMBERS AND THE CALLING OF MEETINGS
This By-Law Repeals By-Law:  2008-01
This By-Law Repeals By-Law:  2003-14
WHEREAS, pursuant to the Municipal Act, S.O. 2001 C. 25, as amended, every Council and local board
shall adopt a procedure By-Law to govern the calling, place and proceeding of meetings.
 
NOW THEREFORE the Council of the Corpoartion of the Township of Papineau-Cameron hereby enacts
as follows:
1. The rules and regulations contained in this By-Law shall be observed in all proceedings of the
Council and shall be the rules and regulation for the dispatch of business by Council and its
committees.
Council and Committee Meetings
2. (a)  The Regular meeting of the Council of the Corporation of the Township of Papineau-
Cameron shall be held on the 2nd and 4th Tuesdays of each month at 7:00 p.m. at the municipal
Council Chambers located at #4861 Highway #17, Mattawa, ON.
(b)  In the case of an emergency, Council may hold its meeting and keep its public offices  in any
convenient location within or outside of the municipality. Section 236 (1).
(c)  Despite (a) a meeting of the councils of two or more municipalities for the consideration of
matters of common interest may be held within any one of those municipalities or in a
municipality adjacent to any of them. Section 236 (2).
3.        The inaugural meeting of Council after a regular election or after a by-election, shall be held
at a Regular meeting of the Council of the Corporation of the Township of the Papineau-
Cameron, in the Council Chambers, on a date not later than 31 days after the term of Council
commences.
4.        Council may, by Resolution, alter the date and /or time of a regular meeting provided that
adequate notice of the change is posted and published in local newspapers.  The notice shall
provide the time, date and place of the meeting.  Further details on notice are available in the
Public Notice By-Law, that being By-Law 2005-28.
5. (a)  The Head of Council may at any time summon a special meeting, and upon receipt of the
petition of the majority members of the Council, the clerk shall summon a special meeting for the
purpose and at the time and place mentioned in the petition, subject to the procedure By-Law
enacted under Section 240.  If there is no By-Law or petition fixing the place of a special
meeting, that meeting shall be held at the place where the last regular meeting was held.
(b)  In either case above, the Special Meeting shall be held not sooner than 48 hours following the
Head’s summons or receipt of the petition, as the case may be and the clerk shall provide
written notice of the special meeting immediately following receipt of the summons or petition.
(c)  Notwithstanding the notice requirement set out above, in the event of a boni 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 or personal contact as determined by the
clerk.
(d)  Unless otherwise specified, in the notice described in 5 (b) above, a special meeting shall be held
in the Council Chamber.
(e)  The notice of the special meeting shall specify the purpose for the meeting.
6. (a)  The presiding chair shall preside at all meetings of the Council.
(b)  When the Mayor is absent or refuses to act, or the office is vacant, the Deputy Mayor shall act
in the place of the head, and , while so acting, the Deputy Mayor has and may exercise all the
rights, powers and authority of the Mayor.
(c)  For the purposes of the Corporation of the Township of Papineau-Cameron, the Deputy Mayor
shall be that member of Council with the highest number of votes and shall fulfill the duties of
Deputy Mayor, upon the absence of the Mayor.  The Council shall pass a resolution to confirm
the appointment.
(d)  Should the Mayor and the Deputy Mayor both be absent, the remaining members of Council
who are present, shall appoint a Chair for the meeting, from among the Council members
present.
(e)  The Mayor or presiding officer may expel from a meeting anyone who engages in improper
conduct.
7. (a)  All Council and Committee meetings shall be Open to the public.
(b)  Not withstanding 7 (a) above, a meeting of Council or a Committee may be Closed to the
public if the subject matter being considered relates to:
Section 239 (2) Municipal Act
1. i) The security of the property of the municipality or local board;
ii) Personal matters about an identifiable individual, including municipal or local board
employees;
iii) A proposed or pending acquisition or disposition of land for municipal or local board;
iv) Labour relations or employee negotiations;
v) Litigation or potential litigation including matters before administrative tribunals affecting the
municipality or local board;
vi) Advice that is subject to solicitor-client privilege, including communications necessary for that
purpose;
vii) A matter in respect of which a council, obard, committee or other body has authorized a
meeting to be closed under another Act.
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 the head of an institution for the purposes of the
Act, 2001, c 25, 239 (3)
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;
i) The meeting is held for the purpose of education or training the members;
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.
4. Before all or part of a meeting is Closed to the public, the Council shall state by Resolution:
i) The fact of the holding of a closed meeting and the general nature of the matter considered at
the closed meeting;
ii) Record the time the meeting was adjourned into closed session and record the time when the
open meeting resumed.
iii) Likewise, when a closed meeting is held which is not part of a regular meeting, the same rules
shall apply.  The voting shall be made at the next regular meeting.
(c)  Subject to subsection 7 (d) a meeting shall not be closed to the public during the taking of a vote.
(d)  Despite subsection 27 of this By-Law, a meeting may be closed to the public during a vote if;
i) Subsection 7 (b) permits or requires a meeting to be closed to the public and;
ii) The vote is for a procedural matter or for giving directions or instructions to officers,
employees or agents of the Township or persons retained by or under contract with the
Township.
(e)  Meeting or sessions which are closed to the public may be referred to a in-camera meetings or
sesions.
(f)  Consideration shall be given to the Notice By-Law and the Transparency By-Law.
8. (a)  The Clerk shall prepare agendas of Council and Committee meetings as assigned.
(b)  Insofar as is praticable, Council agendas, along with supporting material, shall be prepared and
made available to members on the Friday prior to the regular meeting.
(c)  Individuals or groups wishing to appear before Council at a regular meeting shall advise the clerk
not later than 4:30 p.m. on the Thursday prior to the meeting and the clerk may make a
determination as to deferral of delegations to the subsequent meeting.
(d)  Written reports of officers shall, insofar as is practicable, be made available to Council by 4:30
p.m. on the Thursday immediately preceding regular meetings.
(e)  Agendas shall be generally formatted as follows but modifications to the matter to be included or
the order of business may be affected without requiring amendment to this By-Law:
1) Disclosure of Pecuniary Interest/Conflict of Interest
2) Additions or Changes to Agenda
3) Presentations
4) Minutes of Previous Meetings
5) Accounts
6) Reports of Staff
7) By-Laws
8) Petitions and Delegations
9) Correspondence – Previous/New
10) Information Only
11) Closed Meetings
12) Motion to Adjourn
(f)  The business of the Council shall be taken up in the order as listed on the agenda unless
otherwise decided by the Mayor or presiding officer.
(g)  Voting:
Every member of a council shall have on vote.  No vote shall be taken by ballot or by any other
method of secret voting.  Any question on which there is a tied vote shall be deemed to be lost,
except where otherwise provided by any Act.  If a member present at a meeting at the time of a
vote request immediately before or after the taking of the vote that the vote be recorded, each
member present, except the member who is disqualified from voting by any Act, shall announce
his or her vote openly and the clerk shall record each vote.  A failure to vote, in a recorded
vote, 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.  A deferred vote shall be recorded when a
councillor wants to defer an item on the agenda as the councillor wishes more information or
clarification.  The item shall pass without debate, to a vote to defer and if the motion is passed, it
shall be brought back to the next regular meeting.  Should a motion to defer be lost, then the
matter shall be debated and voted on and the councillor who wished to defer may record his
objection or abstain from voting, which will result in his/her vote being recorded as negative.
Council may refer a matter to a committee or ad hoc group or department head for a report to
be brought back to Coucnil.
No Quorum
9.        If no quorum is present one half hour after the time appointed for the Council or Committee
meeting, the Clerk recording secretary shall record the names of the members present and the
meeting shall stand adjourned untill the date of the next regular meeting or until rescheduled.
Curfew
10.        Council and Committee meetings shall stand adjourned at 11:00 p.m. but business may be
continued upon a Resoulution passed by unanimous vote.
Duties of the Mayor
11.        It shall be the duty of the Mayor or other presiding officer:
(a) To open the meeting by taking the chair and calling the members to order;
(b) To announce the business before Council 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 necessarily arise in  the course
of the proceedings, and to announce the results;
(e) To decline to put to vote motions which infringe upon the rules of prodedure;
(f) To enforce on all occasions the observance of order and decorum among the members;
(g) To call by name any member persisting in breach of the rules or order of the Council thereby
ordering the member to vacate the Council Chambers;
(h) To authenticate by signature all By-Laws, Resolutions and Minutes of the Council;
(i) To inform the Council when necessary or when referred to for the purpose, on a point of order
or usage;
(j) To select the members of Council who are to serve on Committees;
(k) To represent and support the Council, declaring its will and implicitly obeying its decisions in all
things;
(l) To ensure that the decisions of Council are in conformity with the laws and By-Laws governing
the activities of the municipal Corporation;
(m) To adjourn the meeting without question in the case of grave disorder arising in the Council
Chamber;
(n) To order any individual or group in attendance at the meeting to cease and desist any behaviour
which disrupts the order and decorum of the meeting and to order the individual or group to
vacate the Council Chamber where such behaviour persists.
      Conduct of Members of Council and Guests
12.        No member shall:
(a) Use offensive words or unparliamentary language in or against the Council or against any
member, staff or guest;
(b) Disturb another, or the Council, staff, or guest, by any disorderly conduct disconcerting to the
speaker or the assembly;
(c) Speak on any subject other than the subject in debate;
(d) Resist the rules of council or disobey the decisions of the Mayor or presiding officer or of
Council on questions of order or practice or upon the interpretation of the rules of Council;
(e) Leave a meeting without first obtaining permission from the Mayor or presideing officer;
(f) Be permitted to retake their seat after being ordered to vacate, having committed a breach of
any rule of the Council, until the next meeting and without making an apology to Council;
(g) Interrupt the member who has the floor except to raise a point of order.
13.        No person shall be allowed to address Council or speak in debate without permission of
the Mayor or presiding officer.
 
      Motions / Rules of Debate
14.        Subject to Paragraph 15 and insofar as is practicable, notice of motions, except those listed
in Paragraphs 30 & 31, shall be given in writing to the clerk not later than 4:30 p.m. on the
Thursday preceding the next regular meeting so that the matter may be included in the Council
agenda package.
15.        Any motions may be introduced without notice if Council, without debate, agrees on a
majority vote to dispense with notice.
16.        A motion must be formally seconded before the question can be put or a motion recorded
in the minutes.
17.        When a motion is presented in council in writing it shall be read, or, if it is an oral motion,
stated by the Mayor or presideing officer.
18. (a)  A motion to amend shall:
i) Be presented in writing;
ii) Be dealt with by Council before a previous amendment or the main motion;
iii) Not be further amended more than once provided that further amendment may be made to
the main motion;
iv) Be relevant to the main motion;
v) Not propose a direct negative to the main motion.
19.        Once read or stated by the Mayor or presiding officer a motion may not be withdrawn
without the consent of the majority of the members.
20.        Immediately prior to voting on a motion, the Mayor or presiding officer shall state the
question in the precise form it is to be recorded in the minutes, including any amendment to the
question.
21.         After a motion as amended is finally put, no member shall speak to the question nor shall
any other motion be made until after the vote is taken and the result is declared.
22.         Members shall not speak more than once to the same question without the consent of the
Mayor or presiding officer.
23.        On a unrecorded vote, the manner of determining the decision on the motion shall be at the
discretion of the Mayor or presiding officer and may be by voice, show  of hands, standing or
otherwise.
24.        Where a vote is taken for any purpose and a member requests, before or after the vote,
that the vote be recorded, each member present, except a member disqualified from voting by
any Act, shall, in an order determined by the Mayor or presiding officer, announce their vote
openly, and any failure to vote by a qualified member shall be deemed to be a negative vote and
the Clerk shall record each vote.
25.        The Mayor or presiding officer, except where disqualified to vote, may vote on all questions
and when so doing, shall vote last.
26.        Except where expressly provided by Statute, any question on which there is an equality of
votes shall be deemed to be defeated.
27.        Subject to Subsection 7 (e) no vote shall be taken by ballot or any other method of secret
voting and every vote so taken is of no effect.
28. (a)  Unless otherwise authorized by the Mayor or presiding officer, all members, staff and guests
shall address Council through the chair and only when recognized to do so.
(b)  When two or more members seek to address Council, the Mayor or presiding officer   shall
designate the member who may speak first.
29.        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.        The following maters and motions may be introduced orally without written notice and
without leave except as otherwise provided by these rules:
(a)   A point of order or personal privilege;
(b)   Presentation of petitions;
(c)   To lay on the table (to defer temporarily);
(d)   To postpone indefinitely or to a specific day;
(e)   To move the previous question (immediate vote on the main motion).
31.       The following motions may be introduced without notice and without leave but such motions
shall be in writing and signed:
(a)   To refer;
(b)   To adjourn;
(c)   To amend;
(d)   To suspend the rules of procedure.
32.        Except as provided in Paragraph 30 all motions shall be in writing and signed by the mover
and the seconder.
33.        The Clerk and other officers may introduce matters to be dealt with by motion subject to
the notice provisions set out in Paragraph 14.
34.        Council may, from time to time, employ a confirming Resolution immediately prior for the
purpose of validating decisions or direction given which is minor in nature and not set out in a
By-Law.
      Points of Order and Privilege
35.        The Mayor or presiding officer shall preserve order and decide questions of order.
36.        The Council, if appealed to, shall decide the question without debate and its decision shall
be final.
 
      By-Laws
37.        No By-Law shall be presented to Council unless the subject matter has been considered
and approved by Council.
38.       Every By-Law shall be introduced upon motion by a member specifying the title of the By-
Law.
39.        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 provisions of
any Act.
40.        Every By-Law shall be given three readings prior to passage.
41.        The first and second readings of a By-Law shall be decided without amendment or debate.
42.        By-Laws may be given three readings on the same day except when requested otherwise
by motion of the majortiy of the members present or as otherwise proveded by law.
43.        Upon passage, By-Laws shall be numbered, signed by the Mayor or presiding officer and
embossed with the seal of the Corporation.
44.        Any proposed By-Law may be referred to a Committee, Department Head or other officer
for review and comment, including the solicitor for the Corporation.
      General
45.        When the Mayor of Council is absent on a temporary basis, under no circumstances shall
the Council take a decision regarding capital spending unless provision for the capital spending is
included in the estimates for that given year as approved by By-Law or unless the expenditure is
required as a result of an emergency.
46.        In matters and under all circumstances the members shall be guided by and shall have
regard to the Municipal Conflict of Interest Act, or its successor Local Government Disclosure
of Interest Act, 1994.
47.        Individuals or groups which are listed on an agenda or are otherwise approved to appear
before Council shall, subject to Paragraph 8 (c), be limited to not more than fifteen (15) minutes
except that a delegations consisting of more than five (5) persons shall be limited to two (2)
persons shall be limited to two (2) speakers each limited to speaking not more than ten (10)
minutes.
48.        Following a regular or new election, The Clerk shall provide each member of council with a
copy of this By-Law, including any amendment thereto.
49.        Any procedure under this By-Law which is discretionary and not mandatory under statute
may be suspended with the consent of a majority of the members present.
50.        No amendment or repeal of the By-Law or any part thereof shall be considered at any
meeting of the Council unless notice of the proposed amendment or repeal is given at the
previous regular meeting of the Council and the waiving of notice is prohibited.
READ A FIRST, SECOND AND THIRD TIME, ENACTED AND PASSED BEFORE AN OPEN
COUNCIL, THIS _________th DAY OF ____________________, 2014.
 
 
 
_________________________ ______________________________
MAYOR CLERK