HomeMy WebLinkAboutProcedural By-law (City of Kitchener)BY-LAW NUMBER2021-015
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law with respect to Procedure,
-)
WHEREAS it is deemed expedient to repeal Chapter 25 of The City of
Kitchener Municipal Code as adopted by By-law 88-100 and to replace it with this by-law
regarding procedure;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
Article 1
INTERPRETATION
1.1 City - defined
chener.
1.2 Clerk - defined
City Clerk of the City of Kitchener or appointed designate.
1.2.1 Committee - defined
composed of members of one or more councils.
1.3 Committee Chair - defined
1.4 Committee of the Whole - defined
1.5 Council - defined
the Council of the City of Kitchener.
1.6 Local board - defined
Municipal Affairs Act, except municipal
police services boards, library boards and school boards.
1.7 Mayor - defined
he Mayor as the Head of Council, or in the absence of the Mayor, or
Acting Mayor, in the absence of both, another Member of Council appointed in
accordance with Section 17 (1) of the Municipal Act, 2001.
1.8Meeting -defined
means any regular, special, or other meeting of council, of a local board or of
a committee of either of them, where:
(a) A quorum of members is present, and
(b) 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
1.9 Member - defined
1.10 Motion (main) - defined
(a) extend the time of the meeting;
(b) refer;
(c) amend;
(d) lay on the table;
(e) postpone to a certain day (or indefinitely);
(f) adjourn.
1.11 Motion to receive and file - defined
recommendation under consideration, and to have the item, report, or recommendation
placed in the records of the Clerk for future reference.
1.12 Motion (subsidiary) - defined
by bringing it to an immediate vote, or by delaying or by deferring a decision thereon.
1.13 Notice of motion - defined
written notice given by a member, advising Council of a
specific motion which will be brought to a subsequent meeting.
1.14 Personal privilege - defined
Council collectively, when a member believes that his/her rights or integrity, or the rights
or integrity of Council as a whole, have been challenged.
1.15 Point of information - defined
nother
member or to the staff, for information relevant to the business at hand, but not related to
a point of procedure.
1.16 Point of order - defined
attention of the Chair, a breach of the rules of procedure.
1.17Point of procedure -defined
rmation on a
matter of parliamentary law or the rules of Council relating to the business at hand, in
order to assist a member to make an appropriate motion, raise a point of order,
understand the parliamentary situation or the effect of a motion.
1.18 Presentation - defined
presentation medium such as PowerPoint, overheads, video, slide show etc. In addition,
a presentation would include presenting awards or gifts to or from the City of Kitchener.
1.19 Public hearing - defined
any Committee of Council, which has been given authority by by-law to conduct a hearing
in matters pursuant to any legislation which requires Council to hear interested parties or
to afford them an opportunity to be heard before taking action, passing a by-law or making
a decision.
1.20 Quorum - defined
of the whole Council or a majority of the voting members of a
committee.
1.21 Recorded vote - defined
any matter or question.
1.22 Resolution - defined
dopted by Council or a committee in
accordance with these rules.
1.23 Rules of procedure - defined
By-law.
1.24 Special or joint meeting - defined
meeting other than a regularly scheduled meeting
called pursuant to the provisions of this By-law.
1.25 Special Purpose Committee - defined
s any committee appointed by Council except
Committee of the Whole and any Standing Committee.
1.26 Standing Committee - defined
Council.
Article 2
RULES OF PROCEDURE - ADOPTED - SUSPENDED
2.1 Set out in By-law - unprovided case - procedure
The proceedings of the Council and its committees, the conduct of the members, and the
calling of meetings will be governed by the rules and regulations contained in this By-law
2.2 Rules - suspended - unanimous consent
Notwithstanding Section 2.1, the rules and regulations contained in this By-law may be
suspended by the unanimous consent of all members present.
Article 3
DUTIES OF THE MAYOR
3.1 Set out
It is the duty of the Mayor to preside at all meetings of Council so that its business can be
carried out efficiently and effectively and:
(a) to open the meeting of Council by taking the chair and calling the members to
order;
(b) to receive and submit, in the proper manner, all motions presented by the
members;
(c) to put to a vote all motions, and to announce the result;
(d) to sit as an ex-officio member of all committees of the Council including Quasi-
Judicial Committees, and to be entitled to vote at meetings;
(e) decline to put motions to a vote which infringe upon the rules of procedure;
(f) to inform the members of proper procedure to be followed and to enforce the
rules of procedure;
(g) to enforce on all occasions, the observance of order and decorum among the
members;
(h) to call by name any member persisting in a breach of the rules of procedure
and order the member to vacate the Council Chamber;
(i) to permit questions to be asked through the Mayor of any officer of the City for
information to assist any debate when the Mayor deems it proper;
(j) to provide information to members on any matter relating to the business of the
City;
(k) to authenticate by signature all by-laws and minutes of Council;
(l) to rule on any points of order raised by members;
(m)to represent and support the Council;
(n) to maintain order. Where it is not possible to maintain order, the Mayor may,
without any motion being put, adjourn the meeting to a time to be named by the
Mayor; and
(o) to adjourn the meeting when the business is concluded.
Article 4
CITY COUNCIL
4.1 Seating Council table - Inaugural meeting
(a) Prior to the inaugural meeting of the new Council, the Members shall meet and
draw lots to determine the order of their seating at the Council Table for the term
of office of such Council.
When a vacancy occurs in the Council, the person elected or appointed to fill such
vacancy shall take the seat of the Member replaced.
(b) The inaugural meeting of the new Council following an election shall be held on
the first Monday after the new term of Council has begun.
(c) At the inaugural meeting, the order of procedure will be as follows:
(1) Opening ceremony;
(2) Declarations of elected office and oaths of allegiance in accordance with the
provisions of the Municipal Act, 2001;
(3) Appointments to Standing and Special Purpose Committees, boards,
commissions and other organizations;
(4) Matters incidental to the above or of urgent nature.
4.2 Regular meetings
All Council meetings will be held in the Council Chamber unless the notice of the meeting
stipulates the meeting shall be held at another location or via another means such as
electronically.
4.3 Regular meetings - public notice
Public notice of regular meetings of Council and Committees of Council shall be provided
by posting the annual
site and, by providing a printed version to any person who so requests. Notice of special
meetings that do not form part of the schedule of meetings shall be posted on the web
site and provided to the media. The agenda for each special meeting shall be posted on
the website no later than the Friday prior to the meeting and will be provided to the media
upon request.
4.4 Special meetings of Council
(a) A special meeting of Council or of the Committee of the Whole will be held in the
Council Chambers or at such other place or means as noted on the agenda and
will be convened
(1) at the call of the Mayor; or
(2) upon receipt by the Clerk of the petition of the majority of the members.
(b) Upon receipt of the petition set out in Section 4.4 (a) (2), the Clerk will summon a
special meeting for the purpose(s) and at the time stated in the petition. If the
petition makes no reference to the place where the meeting is to be held, the
location shall be in the Council Chambers.
(c) Once received by the Clerk, no member may remove his/her name from a petition
filed under this Section.
(d)Notice and purpose of all special meetings of the Council or of the Committee of
the Whole will be given to all members not less than twenty-four hours in advance
of the time fixed for the meeting in the most expedient manner available as so
determined by the Clerk.
(e) The Council will not consider or decide any matter not set forth in the notice calling
the special meeting, without the consent, recorded in the minutes, of the whole
Council.
(f) Notwithstanding this Section, and in regard to matters deemed to be of an urgent
and extraordinary nature where it is not possible to give the required notice to all
members of Council, and for reasons of timing it is not possible to delay
consideration to a subsequent meeting, staff may bring forward additional items to
be added to an already published agenda with the consent of two-thirds of the
Council members present with both the reason for adding the matters and the
required consent recorded in the minutes;
(g) Notwithstanding this Section, on urgent and extraordinary occasions, with the
consent of two-thirds of the whole of Council, recorded in the minutes, an
emergency special meeting of the Council or of the Committee of the Whole may
be called by the Mayor without notice to consider and deal with such urgent and
extraordinary matters.
4.5 Meeting - open to public
Except as provided in Section 4.6, all meetings shall be open to the public and no person
will be excluded except for improper conduct. The Mayor or other presiding officer may
expel any person for improper conduct at a meeting.
4.6 Meeting - closed to the public
A meeting or part of a meeting may be closed to the public if the subject matter being
considered is so authorized to be considered in a closed session pursuant to the
provisions of the Municipal Act. Section 239 (2), or any other applicable statute, and such
4.7 Meeting - closed by resolution - stating nature
Before holding a meeting or part of a meeting that is to be closed to the public, the Council
or Committee of Council shall state by resolution, carried by at least a majority of those
members of Council present:
(a) that a closed meeting will be held; and
(b) the general nature of the matter to be considered at the closed meeting.
4.8Meeting -closed -recorded in minutes -by Clerk
If all or part of a meeting is closed to the public, the Clerk will record the following in the
minutes of the meeting:
(a) the time and the date;
(b) the authority prescribed by the Municipal Act, or any other applicable statute to
authorize the closed meeting;
(c) who Chaired the meeting;
(d) those in attendance;
(e) the matter considered.
(f) all direction, votes, and other proceedings without note or comment.
4.9 Meeting - closed - minutes retained in confidence
Minutes of the closed meeting will be retained in confidence by the Clerk and such
minutes will not be open to inspection by any member of the public.
4.10 Meeting - open - final decision - approval
No decision of any matter discussed in a closed meeting shall be final until the matter has
been considered and approved at an open meeting of Council.
4.11 Public statement of matters discussed prohibited
No City staff member shall make any public statement concerning any matter, which has
been discussed at a closed meeting without the approval of the CAO, Department Head
and/or the City Solicitor and until such matter has been considered at an open meeting
of Council.
4.12 Reports - documents - available to public - exception
All minutes, reports and associated documents that are provided to Council/Committees
te
and/or through the Legislated Services Division. This does not include any confidential
minutes, reports or associated documents provided for a closed meeting being held in
accordance with Section 4.6 and the Municipal Act, 2001.
4.13 Commencement of meeting
As soon as a quorum is present after the hour set for the meeting, the Mayor or Acting
Mayor who shall preside at all meetings of Council, shall take the chair and call the
members present to order.
4.14 No quorum at start of meeting
If there is no quorum present within one half hour after the time appointed for the meeting,
the Council or Standing Committee shall stand adjourned until the date and time of the
next regular or special meeting, and the Clerk shall record the names of the members
present upon such adjournment.
4.15 Unfinished business - quorum lost
If, during the course of a meeting, a quorum is lost then the meeting will stand adjourned,
until the date and time of the next regular or special meeting, and the Clerk shall record
the names of the members present upon such adjournment.
4.16Termination of Council proceedings
Council shall remain in session until all business on the agenda is disposed of up to 11:00
pm unless by unanimous consent of the members present a one hour extension is
approved with proceedings of Council ending by no later than midnight.
4.17 Persons within Council bar
No person, except a member or an authorized City employee, will be allowed on the
Council floor within or outside the Council horseshoe during the sittings of the Council
without permission of the Mayor.
No person except a member or an authorized City employee will, before or during a
meeting of the Council, place on the desks of members or otherwise distribute any
material whatsoever unless such person is acting with the approval of the Chair, Clerk or
designate.
4.18 Electronic Participation
(a) In this Section:
public.
Notwithstanding any other provision in this By-law, a member of a Council, a Committee
of Council, a Quasi-Judicial Committee, or an Advisory Committee
a) can participate electronically in a meeting that is opened to the public including
voting;
b) who is participating electronically in a meeting may be counted in determining
whether or not a quorum of members is present at any point in time; and
c) can participate electronically in a meeting that is closed to the public.
4.19 Special Meeting to amend By-law re electronic participation
The City may hold a special meeting to amend this By-law for the purposes of section
4.18 and notwithstanding any other provision in this By-law, a member of council
participating electronically in such a special meeting may be counted in determining
whether or not a quorum of members is present at any time during the meeting.
Article 5
ORDER OF PROCEEDINGS
AGENDAS AND MINUTES
5.1 Council agenda
The Clerk will prepare an agenda under the following headings for the use of the members
at the regular meetings of Council:
(a) Commencement;
(b) Adoption of Minutes of previous meeting(s);
(c) Disclosure of Pecuniary Interest and The General Nature Thereof;
(d) Communications;
(e) Presentations;
(f) Delegations;
(g) Report of Committees;
(h) Unfinished Business;
(i) New Business;
(j) Questions;
(k) Answers;
stnd
(l) By-laws - 1 and 2 Reading;
(m)Committee of the Whole;
(n) Report of the Committee of the Whole;
(o) By-laws - 3rd Reading;
(p) Adjournment.
The business of the Council will be considered in the order set forth on the agenda,
provided, however, that the Mayor, with approval of the Council, may vary the order of
business to better deal with matters before Council.
5.2 Delivery of agenda to members
Not less than two days in advance of each regular meeting of the Council, the Clerk will
cause the following to be available to each member:
(a) the minutes of the last meeting and all Special Purpose and Standing Committee
meetings held more than four working days prior to a regular meeting;
(b) an agenda prepared in accordance with Section 5.1.
5.3 Minutes
(a) Minutes of the Council will record:
(1) the date of the meeting;
(2) the record of the attendance of the members;
(3) the reading, if requested, correction and adoption of the minutes of prior
meeting(s);
(4) all the other proceedings of the meeting without note or comment.
(b) If the minutes have been delivered to the members, then the minutes will not be
read, and a resolution that the minutes be adopted, as if read, will be in order.
(c) After the minutes have been adopted they will be signed by the Mayor and by the
Clerk.
(d) The Clerk is authorized to make:
(a) Minor technical or clerical corrections to the minutes after they have been
adopted by Council, so long as the intent and integrity of the information and/or
resolution is not changed.
(b)Minor deletions, additions, or otherchanges in form to any by-law before the
by-law is signed, sealed, numbered, and enacted as a by-law, for the purpose
of ensuring correct and complete implementation of the actions that form the
subject matter of the by-law.
5.4 Communications and petitions
(a)Every communication, including a petition designed to be presented to the Council,
will be in an electronic format or legibly written or printed, and will be signed by at least
one person giving his/her contact address (email or street address) and filed with the
Clerk who shall deal with them as follows:
(1) Where, in the opinion of the Clerk, the subject matter of any communication is
properly within the jurisdiction of the Council, such communication shall be
placed upon the agenda for the next regular meeting of the Council and be
dealt with during such meeting.
(2) Where, in the opinion of the Clerk, the subject matter of any communication is
properly within the jurisdiction of a Committee of the Council, such
communication shall be referred directly to the appropriate committee without
being referred to the Council.
(3) Communications of a routine nature shall be referred by the Clerk directly to
the City official concerned, or to file without being referred to the Council or any
committee.
(4) Where letters or other communications addressed to the Council are referred
to file by the Clerk, the Clerk shall list and briefly describe the contents of such
letters or other communications on the agenda of the next regular meeting of
the Council.
(b)Petitions received will form part of the public record. Petition organizers must inform
signatories that their name, address and opinion may be shared publicly if requested.
(c) The Mayor shall refer the communications as listed on the agenda.
5.5 Presentations
Presentations shall be restricted to the following:
(a) Recognition/Awards; and,
(b) When not accompanied by a staff report:
(1) Presentations by City staff or consultants retained by the City providing
information related to municipal operations
(2) Presentations of information related to local organizations and city-affiliated
committees/boards and agencies.
(3) Presentations from senior levels of government or other municipal
governments
(c) annual budget
deliberation process and strategy sessions, shall be permitted to address Council
for a maximum of ten minutes and the Chair shall keep account of the time
expended and at the completion of nine minutes shall advise through a visual
prompt that their time will expire in approximately one minute. The chair will advise
the speaker when they have gone over time and will be directed to provide brief
closing comments.
Council may limit or extend the time allowed for a presentation by a majority vote.
5.6 Printed or electronic copy - prior to meeting
An electronic version of the presentation is to be submitted to Legislated Services staff
by noon on the business day prior to the meeting. Any presentations/submissions
received after the deadline will be circulated electronically to members of Council for their
consideration but will not be displayed during a meeting.
5.7 Delegations
(a) Subject to section 5.7(h) delegations are permitted to appear before regular and
special meetings of Council or before the Standing or Special Purpose Committee
responsible for the subject matter to be addressed. Emphasis will be to encourage
attendance at committee meetings.
(b) Delegations shall address Council only with respect to matters already listed on
the agenda. Notwithstanding this provision, in emergency situations, Council by
affirmative vote of a majority of its members present at a regular Council meeting,
may agree to hear a delegation on any matter provided the presentation material
is in writing and available whenever possible for distribution to Council prior to the
commencement of the said meeting.
(c) That where Council has passed a motion to permit a delegation to speak to a
matter that is not on a meeting agenda, members of Council shall not be permitted
to ask questions of that delegation.
(d) That where an item is not on a current meeting agenda but is intended to come
forward at a later date, staff shall refer the person to the appropriate meeting;
thereby ensuring that the appropriate staff are in attendance and supporting
materials h
(e) That where a person wishes to register as a delegation and the matter is not on a
meeting agenda and it is questionable as to whether it falls within
jurisdiction, this matter shall be referred to the next available agenda setting
meeting for consideration by the Committee Chairs.
(f) That when it is deemed inappropriate through the agenda setting process that a
delegation address Council, the Clerk shall so notify the delegation and Council
with a supporting explanation.
(g) All materials for consideration by the Council, shall be legible, in writing and filed
whenever possible in the office of the Clerk no later than two days prior to the
finalization of the respective Council agenda and may be included as part of the
support material attached to the agenda.
(h) Members of the public who have addressed Council or a Committee on a particular
issue will not be permitted to address Council / Committee on that same matter,
unless they are providing new information. This new information must be outlined
in a delegation form submitted to the Clerk or designate by 8:30 a.m. on the day
of a Committee meeting or 3:00 p.m. on the day of a Council meeting. Should a
member of Council feel that the submitted materials do not represent new
information, than this may be raised through a point of order prior to hearing from
the delegation; if the point of order is sustained, Council shall move forward without
hearing from the delegation.
(i) Delegations shall be permitted to address Council for a maximum of five minutes.
Where a delegation consists of five or more persons, it may be permissible for two
spokespersons to address Council, each of whom shall be granted a maximum of
five minutes.
(j) Delegations will be requested not to repeat what has been stated by previous
delegations addressing Council.
(k) That the Chair may curtail a delegation if any derogatory comments are made
about staff or other individuals, for disorderly conduct, or any other breach of
conduct and, if the Chair rules that the delegation is concluded, the person or
persons appearing shall withdraw.
(l) That members shall be permitted to ask questions of delegates but shall not make
statements nor enter into debate with such persons.
(m)That whenever a delegation, offer comments or statements that are deemed to be
erroneous and unsubstantiated, any member of Council, or City official, may be
recognized by the Chair on a Point of Order and when recognized may provide the
necessary corrections or clarifications to the comments or statement said by the
delegation.
(n) Members of the public who constitute the audience in the Council Chambers during
a Council meeting will maintain order and quiet and may not:
(1) Address Council without its permission;
(2) Interrupt any delegation or action of the members of Council, or any other
person addressing Council;
(3) Display or have in their possession, picket signs or placards in the Council
Chamber or meeting rooms.
5.8
(a) That each member of Council be allocated a total of five minutes for their initial set
of questions, which shall include the amount of time it takes to obtain a response.
(b) That each member of Council will be given an opportunity to utilize their initial five
minute question period, prior to any member being afforded a second opportunity
to ask questions.
(c) That each Councillor will be allocated a total of five minutes for their subsequent
round of questions, which shall include the time it may take to obtain a response.
(d) That question of simple clarification, or where the answer to a question is conveyed
in the materials circulated with the agenda, shall be deemed out of order by the
Chair.
(e) Any questions of delegations, presenters or staff by a member of Council should
seek additional facts or further specific information relating to the subject matter
on the table only.
c
are not permitted as they do not seek additional relevant information. Members will
not engage in debate regarding any matter presented during questioning.
5.9 Reports of Standing or Special Purpose Committees
(a) The Mayor shall, during every regular meeting of the Council, call for the reports
of any Standing or Special Purpose Committees following which the Committee
Chair wishing to make a report will present same to theCouncil.
(b) The report of every Standing or Special Purpose Committee shall be in writing.
(c)It shall be permissible to amend a Committee report on motion passed by the
Council.
(d) That each Standing Committee report included with the Council agenda shall be
treated as if it were a list of consent items, whereby one motion will be used to
bring all items on the report forward for consideration, but it shall not be read and/or
summarized.
(e) Notwithstanding subsection 5.9 (d) above, any member of Council may request
that a particular clause be dealt with separately.
5.10 Unfinished Business
Any item which has been discussed by the Council at a prior meeting, but not disposed
of, may be raised again at any subsequent regular meeting of the Council when
5.11 New Business
under the order of procedure:
(a) notices of motion;
(b) motions of which prior notice has been given;
(c) motions for reconsideration;
(d) motions of congratulation or of sympathy or other motions of a routine nature;
(e)
or voted upon under the order of procedure but shall be taken only as a notice of
motion. Provided, however, that on motion passed by a vote of two-thirds of the
whole Council, such matter may be referred to the Committee of the Whole for
immediate consideration.
5.12 Questions
may submit any question pertaining to the business of the Corporation to any other
member of the Council, the Chief Administrative Officer, or any Department Head.
The person to whom a question is directed may answer orally at the same meeting, or
may require two weeks notice before giving a reply, in which case the member may
require that the question be submitted in written form.
5.13 Answers
he order of procedure any member of the Council
to whom a question was directed at a previous meeting and who required two weeks
notice to reply may submit the answer.
5.14 By-laws first and second reading
(a) All by-laws to be considered by Council shall be introduced by a motion of leave
specifying the title or purpose of the by-law and will be given first and second
reading without amendment or debate.
(b) Such motion may be in the following form:
uce the by-laws listed on the
agenda, namely:
(a)a by-law to . . .
(b) (listing the by-laws) and that the same be taken as read a first time and second
time ."
(c)Such motion of leave shall not be subject to debate or amendment and when
passed, the by-laws to which it refers shall stand referred to the third and final
reading.
5.15 Committee of the Whole
(a) Whenever Council resolves itself into the Committee of the Whole, the Mayor shall
leave the Chair only after appointing a member of the Council as Committee Chair
who shall preside over the meeting and shall report its proceedings.
(b) The Mayor shall appoint a different member of the Council as Committee Chair for
each regular or special meeting of the Council by following the order of seating
around the Council table.
(c) The Committee of the Whole shall consider and report on the following matters:
(1) report of the Chief Administrative Officer;
(2) communications, by-laws and questions which have been referred to the
Committee;
(3) any other matter which has been referred to the Committee by resolution of the
Council.
(d) Every by-law may be debated in the Committee of the Whole, is subject to
amendment and may be tabled or referred back to a named Committee of the
Council for further consideration.
(e) When a by-law has been referred back to a committee of the Council, it may be
reintroduced in the Committee of the Whole in the same or in an amended form
during any subsequent regular meeting of the Council on motion duly moved and
carried.
(f) When a by-law has been approved by the Committee, a motion recommending it
for enactment shall be included in the report of the Committee. Such motion may
be in the following form:
hat the by-law(s) considered by this Committee (as the same have been
amended
(g) The number of times a member may speak on any question will not be limited,
provided that no member speaks more than once until every member who desires
to speak has spoken.
(h) A motion to rise and report will be put immediately and will be decided without
debate.
5.16 Report - Committee of the Whole
Every report of the Committee of the Whole shall be moved in a motion by the Committee
Chair in the following form:
ngs and the recorded pecuniary interests and conflicts taken in the
meeting of the Committee of the Whole held this date, as attached hereto and forming
part of these minutes are
5.17By-laws -third reading
Every by-law which has been recommended for enactment by the Committee of the
Whole shall be placed before the Council for final passage at the same meeting of the
Council. Provided, however, that where it is required by statute that a by-law receive the
approval of any
intention to pass such by-law be given, or when Council so directs, such by-law may be
withheld and be presented for final passage at a subsequent meeting of the Council when
such legal requirements have been complied with.
All by-laws scheduled for final passage at any meeting of Council may be in a single
motion. Such motion shall be in the following form:
-laws listed on the agenda for third reading, namely:
(a) a by-law to . . .
(b) etc. (listing all the by-laws)
5.18 Adjournment
A motion to adjourn:
(a) may be made at any time by a member who has the floor, except when another
member is speaking or except during the taking of a vote on any question;
(b) requires no seconder;
(c) may not be amended;
(d) is not debatable;
(e) if lost, no second motion can be made again until after some intermediate
proceedings have been completed by Council;
(f) if carried, brings a Council meeting to an end. Any item of business or any by-law
before the Council left undisposed of, may be considered at the next regularly
scheduled Council meeting;
(g) to a specific time, or to reconvene upon the happening of a specified event,
suspends the Council meeting which shall continue at such time.
Article 6
RULES OF CONDUCT AND DEBATE
6.1 Address the Chair
Any member desiring to speak shall rise, and upon being recognized by the Mayor will
address the Chair.
6.2 Order of speaking
When two or more members rise to speak, the Mayor will recognize the member who, in
the opinion of the Mayor, rose first and next recognize in order the other members.
6.3 Mayor - inability to debate
The Mayor may state a position on any matter before the Council or address the Council
on any matter pertinent to the business of the municipality without leaving the Chair, but
it shall not be permissible for the Mayor to debate the question without first leaving the
Chair after appointing a member to preside during such remarks.
6.4Conduct of members in Council
(a) No member will:
(1)speak disrespectfully of the Reigning Sovereign, or of any member of the Royal
family, or of the Governor-General or the Lieutenant-Governor of any province;
(2) use offensive or unparliamentary language against the Council or staff;
(3) speak on any subject other than the subject in debate;
(4) disobey the rules of procedure or a decision of the Mayor on question of order
or practice or upon the interpretation of the rules of procedure. In the case
where a member persists in any such disobedience after having been called to
order by the Mayor, the Mayor may immediately put the question, no
e
However, if the member apologizes, the Council may vote to allow the member
to retake his/her seat.
(b) No charge shall be made which involves the character, conduct or language of a
member unless such member is present to reply or unless due notice has been
given to such member to be present to offer a defence.
(c) When a member has been called to order by the Mayor for a breach of
y to bow at once to the decision of
the Mayor and to make apology by explaining that there was no intent to infringe
any rule of debate, or by immediately withdrawing the offensive or unparliamentary
language which may have been used. If a member persists in unparliamentary
conduct, the Mayor shall submit such conduct to the decision of the Council
whereby the member should explain and withdraw and Council shall decide what
action to take.
6.5 Personal privilege
Where a member considers that his/her rights or integrity or the rights or integrity of the
Council as a whole has been impugned, the member may, as a matter of personal
privilege, rise on a point of order at any time, with the consent of the Mayor, for the
purpose of drawing the attention of the Council to the matter.
6.6 Point of order
(a) A member who desires to address Council upon a matter which concerns the rights
or privileges of the Council collectively, or as an individual member, will be
permitted to raise such matter of privilege. A breach of privilege is a wilful disregard
by a member or any other person of the dignity and lawful authority of Council. A
matter of privilege will take precedence over other matters. When a member raises
ncillor . . . state your point
hile the Mayor is ruling on the point of privilege, no one will be
considered to be in possession of the floor.
(b) A member who desires to call attention to a violation of the rules of procedure will
ask leave of the Mayor to raise a point of order. When leave is granted, the Mayor
the point of order with a concise explanation and will follow the decision of the
Mayor. The speaker in possession of the floor when the point of order or privilege
was raised will have the right to the floor when debate resumes.
(c) A member called to order by the Mayor will immediately vacate the floor until the
point of order is dealt with, and will not speak again without the permission of the
Mayor unless to appeal the ruling of the Mayor.
6.7 Appeal
The decision of the Mayor is final, subject to an immediate appeal, requested and
seconded, to the whole Council.
If the decision is appealed, the Mayor will give concise reasons for a ruling, and the
this question and in the event of an equality of votes, the ruling of the Mayor shall be
deemed to be sustained.
6.8 Members speaking
When a member is speaking no other member will pass between the member and the
Mayor or interrupt the member except to raise a point of order.
6.9 Question read
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.
6.10 All questions asked - motion for consideration
Once everyone has been afforded an opportunity to ask questions, no further discussion
or debate should occur on the matter until a formal motion has been brought forward for
consideration.
6.11 Speak once - reply
No member will speak more than once to the same question except to explain a material
any new matter. However, a member who has presented a substantive motion rather than
an amendment, may reply.
6.12 Time limited
No member, without leave of the Council, will speak to the same motion or in reply, for
longer than five minutes.
6.13 Question put - no further debate
After any question is put by the Mayor, no member will speak to the question, nor will any
other motion be made until after the result is declared, and the decision of the Mayor as
to whether the question has been put, is conclusive.
6.14 Questions
(a) A member may ask a question of the Mayor for the purpose of obtaining
information relating only to the matter under discussion and such questions must
be briefly stated.
(b) A question put to a member may not contain imputations, epithets, ironical
expressions or hypothetical cases; nor may a question refer to debates or answers
to questions in the same meeting. A question may not be put which publishes the
names of persons, or contains statements not strictly necessary to render the
question intelligible, or contains charges which the member who asks the question
is not prepared to substantiate. The solution of an abstract legal case may not be
sought by a question. A question cannot be made a pretext for a debate, and when
a question has been fully answered it cannot be renewed.
6.15 Unprovided cases
In all unprovided cases in the proceedings of Council or in the Committee of the Whole,
the matter is decided by the Mayor, subject to an appeal to the Council.
Article 7
MOTIONS
7.1 Reading
Every motion when seconded will be received and read by the Mayor, except in the cases
provided for by the rules of procedure. However, where motions have been distributed or
printed in the agenda, recitals need not be read.
7.2 Withdrawal
After a motion is read or stated by the Mayor, it is deemed to be in possession of Council,
and it may only be withdrawn before decision or amendment with the consensus of the
Council. If there is an objection raised by a member, the Chair shall call a vote to decide
on the withdrawal.
7.3 No debate until read
No member will speak to any motion until it is first read by the Mayor, and the mover is
entitled to speak first if the member so elects. If debated, the question or motion may be
read again before being put.
7.4 Motion ruled out of order
Whenever the Mayor is of the opinion that a motion is contrary to the rules of procedure,
the Mayor will rule the motion out of order.
7.5 Not within jurisdiction of Council
A motion which requires the exercise of a power or powers by Council which are not within
its jurisdiction, will be out of order.
7.6 Motions
(a) The following matters and motions may be introduced orally without notice and
without leave, except as otherwise provided by the rules of procedure:
(1) a point of order or personal privilege;
(2) presentation of petitions;
(3) to move the question be put;
(4) to adjourn.
(b) The following motions may be introduced without notice and without leave, except
as otherwise provided by the rules of procedure:
(1) to refer;
(2) to table, or to postpone, or defer to a day certain;
(3)to amend;
(4) to suspend the rules of procedure;
(5)any other procedural motion.
(c) All motions put forward at a Council meeting, except questions of privilege or
purely procedural motions shall be made in writing and must be seconded before
they are voted on.
(d) All motions may be supported or opposed by the mover and seconder.
(e)
meetings and not proceeded with, it will be deemed to have been withdrawn and
dropped from the agenda unless Council otherwise decides.
(f) The mover and seconder may withdraw a motion at any time prior to the
commencement of debate thereon.
(g) A member may withdraw his/her notice of motion at any time prior to the subject
matter being considered.
7.7 Order of consideration
(a) When a question is under consideration, no motion will be received except a
procedural motion or a motion to amend.
(b) Procedural motions will be considered immediately upon receipt and will have
precedence and are subject to debate as follows:
(1) to extend the time of the meeting (not debatable);
(2) to move the question be put (not debatable);
(3) to refer (debatable);
(4) to lay on the table (debatable);
(5) to defer indefinitely or to a day certain (debatable - as to time only);
(6) to adjourn (not debatable);
(7) any other procedural motion (debatable).
7.8 Amendment
(a) A motion to amend:
(1) will be in writing; and,
(2) must be similar in meaning to the question which it is proposed to amend but
with sufficient variance to constitute a new question;
(3) not more than one amendment to the main motion, nor more than one
amendment to an amendment shall be permitted at one time, except, if the
amendment has been withdrawn or voted on and lost, another amendment may
be substituted to the main motion but not to an amendment. In the case of an
amendment to an amendment, the amendment to the main motion cannot be
withdrawn until the amendment to the amendment has been withdrawn or voted
on and lost;
(4) will be put to the Council in the reverse order to the order in which they are
made.
(b) An amendment embodying a matter which has been referred to a committee, or
the consideration of which has been deferred indefinitely or to a later date, is not
permissible.
(c) Friendly amendments are not permitted in instances where the proposed
amendment represents a substantive change or would add a further clause(s) to
the main motion.
7.9 Question be now put
A motion that the question be now put:
(a) is not debatable;
(b) cannot be amended;
(c) cannot be moved when there is an amendment under consideration;
(d) will preclude all amendments of the main question;
(e) when resolved in the affirmative, the question is to be put forward without debate
or amendment;
(f) cannot be moved by a member who has already debated the question unless
another member has subsequently debated the question; and
(g)
7.10 Motion to refer
A motion for reference to a committee, board, official or commission until it is decided, will
preclude all amendments of the main question and any motion to postpone or defer, or to
lay on the table. A motion to refer is debatable.
7.11 Motion to lay on the table
(a) A motion simply
(b)
to the motion to table will be deemed to be a motion to postpone or defer made
under Section 7.12.
(c) The matter tabled will not be considered again by the Council until a motion has
been made to take up the tabled matter at the same or a subsequent meeting of
the Council.
(d) A motion to take up a tabled matter is not subject to debate or amendment.
(e) A motion that has been tabled at a previous meeting of the Council cannot be lifted
off the table unless notice is given in accordance with Section 7.13.
(f) A motion that has been tabled and not taken from the table for six months is
deemed to be withdrawn.
7.12 Motion to postpone or defer
A matter postponed or deferred to a definite date will have precedence over all other
business on such date.
A motion to postpone or defer indefinitely will be treated as if it was a motion to lay on the
table.
7.13 Notice of motion
Notice of motion by a member will:
(a) be in writing;
(b) be tabled at a Council meeting proceeding the date on which the matter will be
introduced; or received by the Clerk by no later than 4:30 p.m. on the Wednesday
of the week preceding the meeting at which the motion is to be introduced.
(c) be printed in full under New Business in the agenda for that meeting;
(d)
meetings and not proceeded with, it will be dropped from the agenda unless
Council otherwise decides;
(e)if at the third meeting, such notice of motion is called by the Mayor and not
proceeded with, it will be deemed to have been withdrawn.
7.14 Dispensing with notice
Notwithstanding section 7.13 Notice of Motion, any motion may be introduced without
notice at a Council or Committee meeting, if Council, without debate, dispenses with
notice on the affirmative vote of at least two-third of the whole of Council
7.15 Reconsideration
A resolution, by-law or any question or matter (except one of indefinite postponement)
which has been adopted previously by Council may be reconsidered by Council subject
to the following:
(a) a notice of motion given in writing by a member, has been introduced according to
the procedure for notice of motion;
(b) debate on a motion to reconsider must be confined to reasons for or against;
(c) such motion must be supported by two-thirds of the members present voting in
favour of such reconsideration before the matter can be debated;
(d) if a motion to reconsider is decided in the affirmative, such reconsideration shall
become the next order of business, unless the motion calls for a future date, and
debate on the question to be reconsidered may proceed as though it previously
had never been voted on.
(e) a motion to reconsider an amendment may not be submitted until after the original
motion to which the amendment was proposed has been considered and disposed
of;
(f) a vote to reconsider will not be considered more than once during the term of the
Council.
These rules do not apply when a motion pertains to a decision of a previous Council.
Article 8
VOTING IN COUNCIL
8.1 Qualification
The Mayor and each member has one vote only.
8.2 Secret ballot prohibited
No vote will be taken in Council by ballot or by any other method of secret voting, and
every vote so taken is of no effect.
8.3 All members vote
Every member present at a Council meeting when a question is put shall vote thereon,
unless prohibited by statute, in which case it will be recorded in accordance with the
statute. Any member who refuses to vote will be recorded as voting in the negative. In the
event of an equality of votes, the question being voted on is deemed to be lost.
8.4Unrecorded vote
The manner of determining the decision of the Council on motion is at the discretion of
the Mayor and may be by voice, show of hands, standing or otherwise.
8.5 Severability of question
When two or more separate propositions are embodied in one motion or in an
amendment, the Mayor may put each proposition separately, restricting debate to each
proposition in its turn.
8.6 Recorded vote
(a) Any member, before the question is decided, may require that the vote be
recorded.
(b) When a recorded vote is requested by a member on any matter or question, the
Clerk will ask those members voting in favour of the question to stand until their
vote has been recorded. The Clerk will then ask those members voting in
opposition to the question to stand until their vote has been recorded. The Clerk
shall announce the decision and shall record the vote and the name of each voter
in the minutes.
(c) Upon the request of a member, immediately after a vote is taken, the Clerk will
record the negative vote of such member on any question.
(d) When a vote is taken, and no dissent is declared, such vote is deemed to be
unanimously in favour of the question approved.
8.7 Disputing vote
Ifa member disagrees with the announcement of the Mayor that a question is carried or
lost, the member may, but only immediately after the declaration by the Mayor, object to
the
8.8 Putting question - members seated
When the Mayor calls for the vote on a question, each member will occupy his/her seat
until the result of the vote has been declared by the Mayor, and during such time no
member will walk across the room or speak to any other member or make any noise or
disturbance. A member not in his/her seat is not entitled to vote.
8.9 Disclosure of pecuniary interest - recording
Every disclosure of interest and the general nature thereof made at a meeting which is
open to the public shall be recorded in the minutes of the meeting by the Clerk. Every
disclosure of interest, but not the general nature of that interest, made where the meeting
is not open to the public shall be recorded by the Clerk in the minutes of the next meeting
that is open to the public.
8.10 Meeting - open - during the taking of a vote
Subject to Section 8.11, a meeting shall not be closed to the public during the taking of a
vote.
8.11 Meeting - closed - during the taking of a vote
Despite Section 8.2, a meeting may be closed to the public during a vote if:
(a) Section 4.6 permits or requires a meeting to be closed to the public; and
(b)the vote is for a procedural matter or for giving directions or instructions to officers,
employees or agents of the City, local board or committee of either, or persons
retained by or under contract with the City or local board.
Article 9
BY-LAWS
9.1 Readings of by-laws - related proceedings
(a) An amendment to a by-law in either Committee of the Whole or at third reading
must strictly relate to the subject matter of the by-law.
(b) It is permissible on a motion for final passing of a by-law to move that the by-law
be referred back to a named committee for further consideration, or that third
reading be deferred indefinitely or be postponed to a definite time.
(c) The Clerk will endorse on all by-laws enacted by Council the dates of several
readings, where applicable.
(d) Every by-law which has been enacted by the Council will be numbered, dated and
deposited in the office of the Clerk for safekeeping.
Article 10
COMMITTEES
10.1 Procedure
Except as otherwise provided in this By-law, a committee will conform to the rules
governing protocol and procedure in the Council.
10.2 Establishment - appointment
The names of members required to serve on the Special Committees, Boards,
Commissions or other bodies to which Council is required or empowered to appoint
persons, will be determined by Council in an inaugural, regular or special meeting.
A Special Purpose Committee may be established by the Council at any time as is
deemed necessary for the consideration of matters within the jurisdiction of the Council.
Where the resolution does not name the Committee members, the Mayor shall name
them.
10.3 Mayor - ex-officio
The Mayor is an ex-officio member of every committee.
Where a committee is established by reference to a particular number of members without
specifically providing for the membership of the Mayor, such number is automatically
increased by one, being the Mayor, as provided under this Section.
The Mayor may vote and otherwise participate without any restriction in the business of
the committee on the same basis as any other committee member.
10.4Termsof reference
Subject to the provision of any general or special Act, the Council, in establishing any
committee, will set forth terms of reference and such other provisions as the Council
deems proper.
Council may consider any matter without referring it to a Standing Committee or may refer
it to one or more committees or refer it to the Committee of the Whole Council and may
withdraw a matter from a committee whether or not the committee has entered into
consideration.
10.5 Standing Committees
The following shall constitute the Standing Committees of Council:
(a) Community and Infrastructure Services;
(b) Finance and Corporate Services;
(c) Planning and Strategic Initiatives.
10.6 Quorum
A quorum is as defined under Section 1.20. The Mayor is a member to be included in
determining the quorum.
10.7 Committee Chair
Annually, Council will appoint Committee Chairs and Vice-Chairs for each Standing
Committee.
Council will annually appoint the time of Standing Committee meetings. Each committee
will have the authority to alter the time of its meetings and to hold special meetings so
that where possible it will not conflict with meetings of Regional or City Council. Any
permanent change of committee dates shall be subject to the approval of Council.
10.8 Committee Agendas
That Standing Committee agendas and reports be
(10) days prior to the scheduled meeting, with the agenda to be available to members no
later than ten (10) days prior to the meeting.
10.9 Committee meetings
(a) Generally, committees will meet in City Hall unless noted on the public meeting
notice.
(b) The Committee Chair will preside; in the absence of the Committee Chair, the Vice-
Chair will preside, or in the absence of both, such other member of the Committee
as may be appointed by the concurring vote of a majority of the Committee
members present.
(1) In the absence of the Committee Chair and Vice-Chair for a period of fifteen
minutes after the time appointed for the holding of a meeting of the Committee,
one of the other members of the Committee, if there be a quorum present, may
be appointed as provided in Section 10.9 (b) and discharge the duties of the
Committee Chair during the meeting or until the arrival of the Committee Chair
or the Vice-Chair.
(2) The Committee Chair may vote on any question before the Committee, and, in
the event of an equality of votes the Committee Chair will not have an extra
casting vote and the question being voted upon is deemed lost.
(3)If a quorum is not present thirty minutes after the time appointed for the
meeting, the meeting will stand adjourned at the call of the Committee Chair.
(4) Notwithstanding Section 10.9 (b) (3), if a quorum is not present after the time
appointed for the meeting, the members may choose to proceed with
committee business, provided that, prior to considering any recommendations
of the Committee, Council must first permit the recommendations to be tabled.
(c) No committee shall be permitted to meet while Council is in session.
(d) Committees will consider and report on such matters only as have been referred
to them by the Council or such matters as come within their continuing terms of
reference and jurisdiction.
(e) Members may speak more than once to the same question.
(f) A motion made in committee need not be seconded.
(g) Subject to Section 4.6 of this By-law, all meetings will be open to the public.
10.10 General provisions for Committees
(a) The rules in respect of the hearing of delegations pursuant to Section 5.1, Section
5.5 and Section 5.7 will apply to all committees of the Council.
(b) Should a Committee Chair neglect or refuse to call meetings of the Committee at
business requires, or do the business of the Committee without the knowledge or
consent of its members, or contrary to their wishes or sanction, the Committee may
report such neglect, refusal or action to the Council which may remove such Chair
from office and appoint another member as Chair.
(c) Should any member of a committee fail to attend three successive regular
meetings without being authorized to do so by a resolution of the Committee, the
Committee may certify such failure and the membership of such person on the
Committee is terminated and the Council may appoint another member in his/her
place. Receipt of notification of regret by the Committee or Council will constitute
authorization for the purposes of this Subsection.
(d) Should any committee neglect or refuse to give due attention to any matter before
it, the Council may by resolution, discharge such committee and appoint another
in its place.
(e) When a Special Purpose Committee has completed its work and submitted its final
report, it dissolves automatically, unless otherwise directed by Council.
(f) Except as may be provided in the Municipal Act, 2001, and herein, no member will
have precedence or seniority over any other member.
(g) That Committee Chairs will ensure that matters are considered within their allotted
time, which may include the need to call the question or defer the matter.
(h) That when a matter is proposed to be deferred, consideration shall be given to the
Corporate Reports Pending List in deciding an appropriate date for deferral.
(i) That any reports that are strictly for information shall be placed under that heading
on the agenda and shall only be included as a Discussion item by a majority vote
of the Committee."
(j) A majority vote of the Committee is required in order to discuss a report listed as
a Consent item on a Standing Committee agenda.
10.11Special -joint committee meetings
(a) A joint meeting of two committees may be directed by Council or may be called by
their Chairs whenever such Chairs consider it necessary for their respective
committees to consider and report jointly on matters within their joint areas of
concern.
(b) A quorum for the joint meeting of two committees will be a majority of the combined
number of members of both of the committees excluding the Mayor. The Mayor, if
present, will be counted as one member in making such quorum and will have one
vote.
(c) The members in attendance at a joint meeting called pursuant to this Section may
appoint the Chair of one of the committees to Chair the joint meeting, but if both
such Chairs are absent, another member of one of the two committees may be so
appointed.
(d) When the Chair of the joint meeting calls for the vote on a question, each member
of the two committees will be entitled to vote in unison, and the question will be
decided by a majority of votes, so that only one decision is made. The Chair of the
joint meeting may vote on all questions submitted and in the case of an equal
division, the question will be deemed to have been decided in the negative.
(e) The provisions of this By-law with respect to the conduct of business in committees
will apply, with necessary changes, to the conduct of business at a special or joint
meeting calling pursuant to this Section.
Article 11
GENERAL PROVISIONS
11.1 Work of the Corporation
No member as an individual shall direct or interfere with the performance of any work for
the Corporation; and the officer in charge shall be subject only to the Council and the
committee to which the Council may give authority on its behalf.
11.2 Execution of documents
Whenever the execution of any document is required to give effect to any resolution or
by-law of the Corporation, the Mayor and the Clerk have general authority for and in the
name of the Corporation to execute and to affix the seal of the Corporation to such
documents.
11.3 Recording equipment
Council and Standing Committee Meetings shall be recorded, wherever possible, through
The use of audio and video recording equipment in the meeting room by the public or the
media will be permitted, provided it is not disruptive to the meeting. Permission for
recording and the location of recording equipment will be granted at the discretion of the
Chair.
Article 12
REPEAL - ENACTMENT
12.1 By-law - previous
(a) By-laws 2015-106, 2020-025, 2020-034 and 2020-038 and the contents of Chapter
25 of The City of Kitchener Municipal Code are hereby repealed.
(b) The Clerk is hereby directed to make this by-law a part of The City of Kitchener
Municipal Code as Chapter 25 by adding it to the Concordance and arranging and
numbering it so as to fit within the schedule of the Code.
(c) This By-law will not be amended or repealed except by a two-thirds vote of all
members.
(d) No amendment or repeal of this By-law will be considered at any meeting of the
Council unless notice of the proposed amendment or repeal was given at a
previous regular meeting of the Council and the Council may not waive such
notice.
12.2 Effective date
This By-law will come into force and take effect on February 23, 2021.
nd
PASSED at the Council Chambers in the City of Kitchener this 22 day of
February, A.D. 2021.
_____________________________
Mayor
_____________________________
Clerk