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CIS Agenda - 2025-04-14
Community and Infrastructure Services Committee Agenda Monday, April 14, 2025, 2:30 p.m. - 4:30 p.m. Council Chambers - Hybrid City of Kitchener 200 King Street W, Ktchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation (a)kitchener.ca. Please refer to the delegation section on the agenda below for registration in-person and electronic participation deadlines. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *Accessible formats and communication supports are available upon request. If you require assistance to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.* Chair: Councillor M. Johnston Vice -Chair: Councillor D. Schnider Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www.kitchener.ca/conflict to submit your written form. 3. Consent Items The following matters are considered not to require debate and should be approved by one motion in accordance with the recommendation contained in each staff report. A majority vote is required to discuss any report listed as under this section. 3.1 2025 Procedural By-law Amendments, Chapter 25 (Procedure) City of 3 Kitchener Municipal Code, COR -2025-162 4. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. All Delegations where possible are encouraged to register prior to the start of the meeting. For Delegates who are attending in-person, registration is permitted up to the start of the meeting. Delegates who are interested in attending virtually must register by 12:30 p.m. on April 14, 2025 in order to participate electronically. 4.1 Item 5.1 - Adriel Shipstone 4.2 Item 5.1 - Rory Lee 4.3 Item 5.1 - Leslie Maxwell 4.4 Item 5.1 - Joshua Alaga 5. Discussion Items 5.1 Vision Zero Annual Project Update, DSD -2025- 30 m 82 040 (Staff will provide a 5 -minute presentation on this matter) 5.2 Fireworks By-law Review, CSD -2025-052 45 m 104 (Staff will provide a 5 -minute presentation on this matter) 6. Information Items 6.1 None. 7. Adjournment Marilyn Mills Committee Coordinator Page 2 of 126 Staff Report J IKgc.;i' r� R Corporate Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 14, 2025 SUBMITTED BY: Amanda Fusco, Director of Legislated Services/City Clerk, 519-904-1402 PREPARED BY: Dianna Saunderson, Manager of Council and Committee Services / Deputy Clerk, 519-904-1410 WARD(S) INVOLVED: N/A DATE OF REPORT: March 31, 2025 REPORT NO.: COR -2025-162 SUBJECT: Procedural By-law Amendments — Chapter 25 (Procedure) City of Kitchener Municipal Code RECOMMENDATION: That Chapter 25 (Procedure) of the City of Kitchener Municipal Code, be repealed and replaced, with the By-law attached as Appendix `B' to Corporate Services Department report COR -2025-162. REPORT HIGHLIGHTS: • The purpose of this report is to make recommendations on amendments to the rules and procedures governing meetings of City Council. • Recommendations include amendments to Council's Procedural By-law to include formalizing hybrid meeting protocols, reflect provisions of provincial legislation, provide additional clarity, improve accountability and transparency and remove any redundancies. • The recommendations are proposed to achieve consistency with current municipal best practices and general provincial -wide recommendations from the Ontario Ombudsman. • This report supports the delivery of core services. BACKGROUND: The Municipal Act, 2001 (the "Act") requires the City to adopt a by-law governing the calling, place and proceedings of Council meetings. At the City of Kitchener, Municipal Code Chapter 25 (hereafter referred to as "the Procedural By-law") provides the rules of procedure for Council and all Committees of Council. The purpose of using parliamentary procedures, such as those found in the Procedural By-law and Robert's Rules of Order, is to facilitate the orderly conduct of business in a meeting so that the deliberate will of the majority is achieved while still protecting all members' rights (whether present or absent). The Procedural By-law should help facilitate, not hinder, Council's ability to conduct business. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 3 of 126 On April 11, 2022, Council approved Hybrid Meeting Protocols for a one-year pilot, to allow staff to implement hybrid meetings for Council and Standing Committee meetings, prior to formally incorporating hybrid meeting rules into Council's Procedural By-law. The one-year pilot was intended to test out existing procedures to determine areas of success and improvement, prior to formally adopting the procedures. Since 2022 staff have successfully implemented those approved procedures, and have been able to facilitate members of Council, Staff and members of the public electronically. The proposed update to the City's Procedural By-law, includes amendments to formalize the Hybrid Meeting Protocols, address matters of Provincial Legislation that have been approved since 2022, help clarify ambiguous language, remove and/or address inconsistencies, implement new accountability and transparency processes related to communication received by the City; and, incorporate feedback on improvements that members of Council may wish to consider in regards to the rules governing Council and Committee meetings. Lastly, in effort to improve readability, staff are proposing to restructure the By-law to include some additional headings and an enhanced table of contents. REPORT: In trying to determine the best recommendations to make to Council regarding revisions to the City of Kitchener Procedural By -Law, staff conducted a municipal scan and comparison of municipalities with a similar or larger population than the City of Kitchener, as well as municipalities that have already incorporated hybrid meeting protocols within their procedures. The municipalities included Cambridge, Oakville, Ottawa, Guelph and Clarington. Jurisdictions outside of Ontario were not considered because of the differences in provincial -municipal relations and governing legislation. Staff also received feedback and input from members of Council individual and through small group sessions, on what they felt was working well and areas for improvement. A summary of the proposed changes and reasoning for the recommendation have been outlined within the report. Further to that, a copy of the revised By-law including track changes has been provided as Appendix `B' of the report to provide greater clarity on additions and deletions to the By-law. 1. Structure and readability: The By-law, specifically related to the structure of Chapter 25 (Procedure) of the City of Kitchener Municipal Code, has been revised to address readability by adding additional headings, grouping like matters, and shortening lengthier sections which may cause confusion. The new structure provides greater understanding for all users and improves customer service. 2. Definitions: Additional definitions were added for frequently referenced terms in the By-law that were not previously defined as well as, definitions that were referenced in the hybrid meeting protocols, including but not limited to: "Acting Mayor", "Audio Visual", "Delegation", "Electronic Meeting", "Electronic Participant", "Hybrid", "Host Computer", "Livestream"; and, "Presiding Officer". Page 4 of 126 3. Purpose and Roles and Responsibilities: A section has been included to provide clarity on the purpose and principles of the Procedural By-law, as well as providing greater understanding related to the roles and responsibilities of Members of Council and specific staff within the organization. The inclusion of these sections are considered a best practice. 4. Hybrid Meeting Protocols: The proposed amendments in the attached By-law also include the hybrid meeting protocols that were considered and approved by Council as a pilot in 2022 noted above. In September 2024 the Council Chamber conference management and audio-visual system was replaced to improve remote participation experience and ensure equity amongst members participating remotely and those in-person with respect to requests to speak and voting. The hybrid meeting protocols are now being proposed to be included formally within the Procedural By-law. 5. Removal of Committee of the Whole (Committee included within the Council Meeting Agenda): Staff are recommending removal of the Committee of the Whole within the Council agenda. Committee of the Whole is a standing committee of Council that convenes within a Council meeting. The current process involves recessing Council and having another member of Council other than the Mayor or Acting Mayor assume the Chair, and facilitate a committee meeting midway through the Council meeting. The intention of Committee of the Whole is to allow for urgent matters of business to be included on the Council agenda that would not be able to receive approval within the existing standing committee cycle. The Committee of the Whole format when discussed with some members of Council, is cumbersome and concerns were raised with regards to transparency and confusion about the meeting's purpose; issues related to technology and access to the speaker's queue; confusion over the meeting format and the Chair rotation schedule; as well as the adjournment procedure. Further to those concerns, some members of Council have noted a preference not to Chair the meeting where possible due to these concerns. As such, staff are recommending the removal of Committee of the Whole and replacing it with a heading for staff reports that would still permit similar urgent type items on the Council agenda while eliminating some of the challenges outlined above. 6. Removal of First and Second Readings of the By-law Staff are recommending removal of First and Second Readings of the By-law from the Council agenda. The process mimics an outdated provincial practice that allow for time to lapse and potentially allow for additional debate to occur prior to third reading of the By-law. This approach is currently being used for Special Council and is being recommended to mimic the similar practice. 7. Strong Mayor Legislation and Formalizing Acting Mayor Duties: In 2022, the Province of Ontario brought forward Bill 3, Strong Mayors, Building Homes Act, 2022, which came into force and effect on July 1, 2023, providing Special Power Page 5 of 126 provisions to a number of municipalities, including the City of Kitchener. The proposed amendments include minor housekeeping amendments to address the Special Powers including duties of the Mayor and additional agenda headings for Council and Special Council, already in practice. Further to those changes, the proposed By-law includes clarification and definition related to the "Acting Mayor" when members of Council are serving in that role. 8. Post Meeting Minutes: As of January 1, 2024, Legislated Services started utilizing the City's agenda management platform to publish a comprehensive post minute package, which includes all documents (i.e. presentation materials and written submissions) that were received or utilized as part of the meeting, along with the meeting minutes. This enhances customer service and transparency such that all materials are in one location and can be easily referenced. The proposed by-law provision has formalized the post meeting minutes package to confirm and clarify its' purpose. 9. Revised/Addendum Standing Committee Agenda process: The proposed By-law includes a new provision related to the Standing Committee agendas that would allow Legislated Services staff to prepare a revised Committee agenda consisting of any additional documentation received or delegations that register after the agenda is published (10 -days prior to the Standing Committee meeting). Following publishing of Standing Committee agendas, staff receive written submissions or delegation requests, sometimes up to and including at the start of the meeting. Staff recommend that a revised agenda, also known as an addendum agenda, consisting of those additional written submissions or delegation registrations be published no later than noon on the Friday prior to the meeting, to share with Members of Council and members of the public. This process will provide a greater transparent and accountable meeting agenda for all users. The revised agenda package would not capture any submissions or delegation requests that may be received after noon on the Friday prior to the meeting. As such, there may still be written submissions that will be sent by email prior to the start of the Standing Committee meeting. These submissions will be attached to the meeting minutes and published on the City's website. Lastly, the revised agenda package would not allow for the inclusion of any additional agenda items. 10. Electronic Council Correspondence and Information Package (ECCIP): The City regularly receives correspondence, including but not limited to: resolutions adopted by other municipalities, correspondence from other levels of government and petitions. Currently staff forward a consolidated correspondence to Members of Council through email on a weekly basis. Staff are recommending a new Electronic Council Correspondence and Information Package (ECCIP) to consolidate all correspondence received by the City, to be published online once a week, through the City's agenda management software similar to the agenda packages. This recommendation would allow for both Members of Council and the Public to have access to all correspondence received, will reduce the number of emails that Members Page 6 of 126 of Council receive, and will also allow for the correspondence to be searchable, if Members of Council or the Public would like to recall any correspondence. The information package provides for a more accountable and transparent method for access to the materials received. This is a municipal best practice currently in place in many municipalities as its serves so many benefits. The ECCIP is strictly for information, thus, any of the matters included within the package would not constitute the required notice requirements. If a Member of Council wishes to discuss or debate a matter in the ECCIP, it would be subject to the provisions of the Procedural By-law and the Member would need to follow-up with Council and Committee Services to have the matter included on an agenda. 11. Housekeeping Amendments: A general housekeeping amendment has also been included to address existing practises that are not formally included within the By-law (i.e. the inclusion of Audit Committee, the Mayor being the Chair of Audit Committee, the order of business for Standing Committees). Following the implementation of the hybrid meeting protocols, staff have also implemented an agenda management software, which has introduced enhancements to the meeting agendas and minutes which have not been previously available. Staff in anticipation of preparing this report also met with small groups of Council to discuss meeting procedures, potential pain points for consideration and to share a summary of proposed changes that were being considered. A draft Procedural By-law demonstrating the new structure and proposed changes highlighted in yellow have been attached to this report as Attachment `A". The proposed By-law for Council's consideration and adoption has been included as Schedule `B'. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Municipal Act, 2001 • COR -20-006 - Amendment to Procedural By-law Regarding Electronic Meeting Participation • COR -20-012 - Proposed Amendments to City of Kitchener Municipal Code Chapter 25 (Procedure) Page 7 of 126 0 COR -2022-154 - In -Person and Hybrid Council and Committee Meetings APPROVED BY: Victoria Raab. General Manager, Corporate Services ATTACHMENTS: Attachment A - Municipal Code Chapter 25 (Procedure) Including track changes Attachment B — Municipal Code Chapter 25 (Procedure) Proposed By-law Page 8 of 126 Article 1 1.1 Definitions 1.1.1. Acting Mayor -defined "Acting Mayor" [acting Head of Council] means the Member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor when the Mayor is absent or refuses to act or the Office of Mayor is vacant, in accordance with the applicable appointment by-law. 1.1.2 Audiovisual — defined "Audiovisual Conference System" means the system chosen by the Clerk for the purposes of joining meeting participants via electronic means. 1.1.3 Chief Administrative Officer and/or CAO - defined "Chief Administrative Officer" or "CAO" means the Chief Administrative Officer of the City, or their designate. 1.1.4 City - defined "City" means the City of Kitchener. 1.1.5 Clerk - defined "Clerk" means the City Clerk of the City of Kitchener or appointed designate. 1.1.6 Committee - defined "Committee" means any advisory or other committee, subcommittee or similar entity composed of members of one or more councils. 1.1.7 Committee Chair - defined "Committee Chair" means Chair of any committee of the Council. 1wLS Committee of the Whoe .defl ned �Iu�irrnnnnVl�!y,n�otltlkm,;.,.w4m7 .ir7,7OaRan11.:84i31-u"N0nnu4H44,fuunnu�nnnnnnnllm,�n.,. 9,4.x„51,13..8 Council - defined ....................................... "Council” means the Council of the City of Kitchener. 9:714:03 A .9 Delegation/Delegate - defined "Delegation/Delegate" means a person or persons attending in-person or electronically to address Council or its Committees and including presenters and consultants retained by the City. 1.1.10. Electronic Council Correspondence and Information Package (ECCIP) - defined Electronic Council Correspondence and Information Package (ECCIP) means an electronic package containing correspondence received by Staff for Council's information and consideration. 171:113. 11. 110 Electronic Meeting—defined "Electronic meeting" means a meeting called and held in full electronic means, including but not limited to audio teleconference, video conference. Page 9 of 126 171:123. 'III „"1117 Electronic participation/participants — defined "Electronic participation/participants" means attendance not in person, but given an opportunity to participate as if they were attending in person. ININ f Sf J::;111:2 Hybrid — defined "Hybrid" means a type of meeting that includes in-person meeting operation and electronic or virtual attendance. 14;4411,13.,Host Computer — defined "Host Computer" means the staff person and computer that has the scheduled start, stop of the meeting, and can share presentation and other materials as needed. I4.,.961.A.A4 Livestream— defined "Livestream" means the meeting is broadcasted live through a webstream/or alternate streaming service as it occurs live. 1:71 461 In.., IS Local board - defined "local board" means a local board as defined in the Municipal Affairs Act, except municipal police services boards, library boards and school boards. f t i 7 i tJ6 Mayor - defined "Mayor" means the 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. .............Meeting - defined "meeting" means any regular, special, or other meeting of council, of a local board or of a committee of either of them, where: A quorum of members is present, 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. 14:493.11,1..,18 Member -defined "member" means a Councillor of the Council. 14:291. i .,,15 Motion (main) -defined "motion (main)" means any motion except one to: 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. 44:213.1,20 Motion to receive and file - defined "motion to receive and file" means a motion to acknowledge the particular item, report, or recommendation under consideration, and to have the item, report, or recommendation placed in the records of the Clerk for future reference. Page 10 of 126 171:223 . JIL 21 Motion (subsidiary) - defined "motion (subsidiary)" means any motion which affects the disposition of a main motion, by bringing it to an immediate vote, or by delaying or by deferring a decision thereon. 3.3,22 MunidpgllAej-deffined "IlViuinlc!122jq, 4d "G, 1.Q. 2QQI, c. ?" !is a consoll staIlute goy-u,p�ng fl2c 2x!2gt 2[ powers and dutles, uunteinall oEggl2lizatIon and structure of ugucinicup g11k uic Dintaido, w1h1!Jh !is c!2iminloI211Y refenred to is "t1w Act" and wall be eiervinced as such thiroup,�n2!�t tb2 tYAa�M:: !1.24 Yon luiifsd�ctlon deffined "Ill JuirlsdIcdon' ii-nogins a ii-nattor that fies wIth anotheir ovoll of g2y2[nj2pmt and IS OUtside the scojg�g 2f COU111CH's i�� � o!AL In SecHon 11 of the Act,, Lhis lincludes niaHers fllhap Gull ll undei- Regiongl PirovIncIall gii I edgirall rmpojn�!I)Hfty o[jsat le with ainotheir niuniclpg�fty, 17143L412 Notice of motion - defined "notice of motion" means a written notice given by a member, advising Council of a specific motion which will be brought to a subsequent meeting. 1;1:243.1,23 Personal privilege - defined "personal privilege" means the raising of a question which concerns a member or the 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. 1v1 2&:'L!11I,24 Point of information - defined "point of information" is a request directed to the Presiding Officer, or through the Presiding Officer to another member or to the staff, for information relevant to the business at hand, but not related to a point of procedure. 24.261,,111,25 Point of order - defined "point of order" means a statement made by a member during a meeting, drawing to the attention of the Pircsl&ng Qf[Icor, a breach of the rules of procedure. 9:4.273 A 16 Point of procedure - defined "point of procedure" means a question directed to the Presiding Officer to obtain information 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. 14183,1,27 Presentation - defined "presentation" means information being provided verbally and may include the use of presentation medium such as PowerPoint, video, slide show etc. In addition, a presentation would include presenting awards or gifts to or from the City of Kitchener. 3.3,:29 11residlingQfficeir deffiled lll::IiiesildiiingQffliceill'ineaiiisaiiiyll2c!!sg!]bgp,u!!,esiidesdVaiinea,Llliigg, 1.1.30 Public hearing- defined Page 11 of 126 "public hearing" means a meeting of Council or that portion of a meeting of Council, or 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. 1.1.31 Quorum -defined "quorum" is a majority of the whole Council or a majority of the voting members of a committee. 1.1.32 Recorded vote - defined "recorded vote" means the recording of the name and vote of every member voting on any matter or question. 1.1.33 Resolution - defined "resolution" means a formal statement of opinion adopted by Council or a committee in accordance with these rules. 1.1.34 Rules of procedure -defined "rules of procedure" means the rules and regulations contained in this By-law. 1.1.35 Special or joint meeting -defined "special or joint meeting" means a meeting other than a regularly scheduled meeting called pursuant to the provisions of this By-law. 1.1.36 Special Purpose Committee - defined "Special Purpose Committee" means any committee appointed by Council except any Standing Committee. 1.1.37 Standing Committee - defined "Standing Committee" means such committees of Council designed by resolution of Council. Article 2 2.1 Interpretation 2.1.1 The City Clerk or designate - Interpretation The Clerk or designate shall be responsible to interpret and administer the rules of procedure under this Procedure By-law. 2.2 Purpose and Principles 2.2.1 Purpose Council and Committees shall observe the Rules of Procedure contained in this by-law in all proceedings of the Council and committee. This by-law shall be used to guide the order and dispatch of business of the Council and committee and wherever possible, with the necessary modifications, for all advisory committees and ad hoc committees unless otherwise provided. 2.2.2 Member's rights Each member has the right to: Page 12 of 126 a) One vote, subject to the declaration of pecuniary interest; b) Information to help make decisions, unless otherwise prevented by-law; c) An efficient meeting; and d) Be treated with courtesy and respect. Article 3 3.1 Rule of Procedure - Adopted - Suspended 3.1.1 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 and in unprovided cases, by the procedure contained in Robert's Rules of Order. 3.1.2 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. 3.1.3 Meeting - open to public Except as provided in Municipal Act. Section 239 (2), or any other applicable statute, all meetings shall be open to the public and no person will be excluded except for improper conduct. Ili+ hlia.y+ir m ofl+if 9+u's16111+'sr„tlui a mia„I;,uotliui,„ a ffi air u:nay ..,qi0p,1111 anirr°y 1p�:,IrRim i"eir iwpiielll ei a u ru:f a i an xa Article 4 4.1 Duties of the Mayor and Council 4.1.1 Mayor - Preside at meetings 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) decline to put motions to a vote which infringe upon the rules of procedure; e) to inform the members of proper procedure to be followed and to enforce the rules of procedure; f) to enforce on all occasions, the observance of order and decorum among the members; g) to call by name any member persisting in a breach of the rules of procedure and order the member to vacate the Council Chamber; h) 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; i) to provide information to members on any matter relating to the business of the City; j) to authenticate by signature all by-laws and minutes of Council; k) to rule on any points of order raised by members; I) to maintain order. Where it is not possible to maintain order, the Mayor may, without any motion being put, recess or adjourn the meeting to a time to be named by the Mayor; and Page 13 of 126 m) to adjourn the meeting when the business is concluded. 4.1.2 Ex -officio member Committees and Quasi -Judicial Committees That Mayor is an ex -officio member of all committees of the Council including Quasi -Judicial Committees, and to be entitled to vote at meetings. 4.1.3 Mayor - Council representation The Mayor has the duty to represent and provide leadership and support to the Council. 4.1.4 Special Powers and Duties of the Head of Council To exercise the duties of the head of Council pursuant to the provisions of the Section 284.3 of Part V 1.1 of the Municipal Act, 2001, "Special Powers and Duties of the Head of Council" save and except for any duties that have been delegated to staff through approved Mayoral decisions. 4.1.5 Acting Mayor "Acting Mayor" [acting Head of Council] means the Member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor when the Mayor is absent or refuses to act or the Office of Mayor is vacant, in accordance with the applicable appointment by-law. The Acting Mayor has all the privileges of the Mayor, including the ability to bind the organization for execution of documents, save and except those granted by the Province of Ontario through Section 284.3 of Part V1.1 of the Municipal Act, 2001, "Special Powers and Duties of the Head of Council". U,6 Couurmcfll Mernllbe0.....IC°.muu't'iies I"'llga.n II'follc 01 f oaain2 fill its W. a) ircllairescm t 1lil2 112uull2lfcand Lo consider Lhe welllll Ilapumnp and inLcresLs of ullnc muioldpi llItL e) dpycllola 9Dd c2yallu gLtp tllnc pol[iipios and 1IpEgg[2Ml;,of the umn,uuuniclipallItyu K) da, I1 uoiirncWhiiclh Sci-VICeS the irnLflnldj,2,p„Iluly ir112ylinfcs„ di oolfuuire UlhaC.pdomfinfA atiac 12c 1lnlonm l2[gae Ices and p2iro2 2duair2ms ao2d cauinti rc llllorslluip2 po Ides, Eactic2 s ani' 1212cc g!,fr 2 „sire In pllacc mfr uunnpsll sn"u,pm t Uhc kcusuougs or (.0u212C!11a 2*) aIIySLHO 111w,accou2ontallbiillky and flaonsll121onay 2f;dll2 2212s*rations of „111w irnuon,1,aipalllifa„,,.h1cllu2dlonp:fl22 acu,usrotoos of 1122 scum®r umairnappunncr2m of the urrnuui ul2a�11!y, fli nalnfaoin the ffornao2cfall oonteg!ro y a2f t1n2w inuuonldpallii,tyr M] Ey[!y gU! fl2e dudes of couuonciill, u!rndcr Lhe Elam ou puny otllno,.lf,A0, p Iny IgA^ hind lnrllocIe� off U]e C,oirporai,;ii,on of the y m uu a,,)ro0d tllno �; City oC,l<itchener,„„ o) dp illlnerate oin tlheIlru sfinoss suulbmiLtod to a pini-nii,ttee aind..Cou2oncoll.„, yo!tm oin Al,lModoirns before Co uincu0„ and 'roceduure eetfnh„L IIn irc;l;0uoat llholl"vll2�s a21 [ at allll IICt„ II°°hd change andi renumbered I I Ifr:21k, of the Cork and Chief Ad mrinllslraative Officer 4.h.� 3 ROW of the CVoo ll( a) g[[y ourt al,ua. res112oinuuldullutiios,of tllucuir rollles as dpscirulncd in Scctuorn228 of the ALtu. d) pLoyidc po-2.ra.cdgre advilco to C,Ilno Presi d,'ling Q[ficpu and do..11Ccunnllscu„s on ag2ndc Ilsuusuincss and rcr.in 2212gliug 11` oLIOLr. Page 14 of 126 c) f2litture^ onop)ce of IIA cCJngs is l,)1.0videwd as set Ill lm p.lnus by Ilavr„ orngllfj i3jineuir dell etioons„ addlitions Or Other adirriniMirative changes to aon}r..lsylrasv„ IIOption, aindzor ii nil metes to gi,nsui e the wore (1 ailnd!, d er„If,nn p� e".ttl." Vw,Ttl dretl” actions ft.➢gI,tid l,k , d) asu,flnasogtucasg by sigongtulre' sn"Icgln a eq,'. "rlry sllll Irgsollutiloiis„ Ilby-laresus alnd unil,irpautes of Imeeji ngsglnu ag,u,„y cgjjles of voc„s, documents se.,uegauue...” d e) tnd,n,lrtolrinn such other dudes asIlnlres Jlllacd Ill IlaunnM..,our Idy dui-ection of„Coulncilll.,. ell.,"i 2 Cllgu II< - Ilttleetiusg Attendance Aa^ t lla I d, g lb Iln lyd�sdw,l;,pt at all I)Ji,anad V u u flys,® i tgi ni 1,il,,,„ I I„ in olr tlln„gilu” ddasil I,iq,ale” vrulllll„ flee arnapCouuncil,l.. 4Z3 Molle of the .,.Chief Adiniuusb alive Officer (CACI.) a) ox,cua osc gvID21a ll Lg n ml and ul]nanagco!)e onoL of the afflaks of Lune Irrnau lml ilpnality..for tlhe lc,yojaosc 21 Lln„se ±)g a"fr';IId"IIeI1nL alrnd effecuuyc ollbeuadi,®n of thr.Inrolnucoljlp; lilty" ralnd Is) eglrfeulrl s sMdls other duties as are assugrpcdp Iluy tllrrc” Inrdulrnuelp,alluty,, Article 5 5.1 New Term - Annual Meeting Schedule - Meetings - General 5.1.1 Inaugural meeting 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. 5.1.2 Inaugural meeting — Order of Procedure At the inaugural meeting, the order of procedure will be as follows: a) Opening ceremony; b) Declarations of elected office and oaths of allegiance in accordance with the provisions of the Municipal Act, 2001; c) Appointments to Standing and Special Purpose Committees, boards, commissions and other organizations; d) Matters incidental to the above or of urgent nature. 5.1.3 Seating Council Table 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. 5.1.4 Meeting Location 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. 5.1.5 Annual Meeting Schedule Page 15 of 126 Public notice of regular meetings of Council and Committees of Council shall be provided by posting the annual schedule of regular meetings adopted by Council on the City's web 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 24 -hours prior to the meeting and will be provided to the media HIPO:n.-regHeui,„ Article 6 6.1 Conduct cr� o�;our O and Attendance at Meetings 6, q. 2 11iouuniii 111 sound n o nnnihtee Il%4u:un°ullna a Catie of i::cuiciu.uu°,t wmdi V'Jernllbuirs shaill ggi emu 12 u,; u7„w its cold7d C ornrhvt,,, 6.1.2 Conduct of members in Council and Committee meetings a) No member will: i. 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; ii. use offensive or unparliamentary language against the Council or staff, iii, speak on any subject other than the subject in debate; iv. 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 amendment, adjournment or debate being allowed, "that such member be ordered to leave his/her seat for the duration of the meeting of the Council.” 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 defense. c) When a member has been called to order by the Mayor for a breach of parliamentary decorum, it is the member's duty to bow at once to the decision of the Mayor and to make an 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. 6.1.3 Conduct of Public and Delegations a) Members of the public and delegations in attendance at a meeting, shall not: i. Address Council or committee without permission; ii. Interrupt any delegation or action of the members of Council, or any other person addressing Council; and i7larV�n , a uu,rrp7�u7�7�dwnnu"r�, iv a ury � �.l i l l Q < Chip or Il1111 n' n nn... Page 16 of 126 iv -;y,_ ...... Engage in any activity or behaviour or make any audible noise that could affect the Council or committee deliberations, including clapping, shouting, jeering or any other form of disorderly conduct; or ss41 Bring any signs or placards into, or hand out any brochures, pamphlets, buttons or literature in the Council Chambers. b) No person, except Members of Council and appointed officials of the City of Kitchener, shall be permitted to come within or behind the horseshoe during a meeting of the Council or committee without the permission of Council or committee. {;;).,..,,.No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public, Mayor, Members of Council or committee. + t aoww II a . rr 1.1?!..,r a ll�.i.i��r:, � i i.ii.zt.h,r� a...1 ✓ a�n rin„_il � f...l.:�` rig �, 1.�i i I it � i rf...i„�( � r Ir. Offl eir shaIl r � lei rn' nk`, Il "))Jrect th Clej kt ...`.L,._11.�.-� ....................�l St'j'0 lr. IIf flollllowliirn a recess decoiruirna couanot be WJ11lieveg Lhe a°roaeeiliu°� a°roes Ilae od"o airuaa d ���suad schodu llled fgir the a^s,p,dlesi asla,i�„asrVuuorouLy, ipp'.V"uesudirg.Q iaeir.ii�r �dfio..n 6.1.4 Member Absent from Council The office of a Member of Council becomes vacant if the member has been absent from meetings of the Council forthree (3) successive months without being authorized to do so by a resolution of Council unless otherwise permitted by S. 259 (1.1) of the Act. s'q.t” Fliersens WMAR Q1111:11 nefl sos' Article 7 7.1 General Rules - Electronic Meetings 7.1.1 Electronic (Hybrid Meetings) Notwithstanding any other provision in this By-law, members of Council, Committees of Council, Quasi - Judicial Committees, or Advisory Committees: a) can participate electronically in a meeting that is opened to the public including voting; 7.1.2 Members of Council - default meeting participation For Council and Committees of Council, where the meeting location has been identified as hybrid, in- person participation will be the default for Members of Council to allow for physical convening and dialogue. Limited exceptions to in-person participation will be permitted including: a) travelling for official city business, b) illness or infirmity, c) parental and caregiving requirement, Page 17 of 126 d) health and safety„„ dj .Y'^�U lai�r�ia vacadoins.than Jlus.�..l„rii,i th-,.iii-,dUJ itil-Ai.:.. 7.1.3 Members of Council - Electronic Participation - Notice Members of Council will act in good faith and compliance with the exceptions provided in Section 7.1.2 and if requiring electronic participation will notify the Clerk or designate, no less than 12 hours prior to the meeting, to advise they are participating electronically. 7.1.4 Hybrid Meeting Ghaae 11:1nre°iqliing pffflnn,er For meetings identified with a Hybrid location, the GII)OwF Pilesidling Officer of the meeting, unless for emergency or extenuating circumstance, will participate in-person, supported by the Clerk or designate. If the Chair/II'resiiduiiffg fff[Icer is unable to attend in person, the a esigunaarra/vice-chair will preside over the meeting. 7.1.5 Hybrid Meeting - Staff Participation For meetings identified with a Hybrid location, in-person participation will be the default for City Staff to enable staff to address and respond to dialogue of Council. Requests by staff to participate in a meeting electronically will be addressed to the Chief Administrative Officer or designate for approval. If approved by the Chief Administrative Officer or designate, staff requests to participate electronically in meetings will be provided to Legislated Services no less than 12 hours prior the meeting in order to facilitate participation. 7.1.6 Electronic meeting participation - Amend Procedural By-law The City may hold a special meeting to amend this By-law for the purposes of Article 6 - General Rules - Electronic meetings 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 8 8.1. Council - Commencement and Termination As soon as a quorum is present after the hour set for the meeting, the QqOwF I1111esi ing Gdf[iresirwh e sllro IlDpe^rode au..,4 w'wwekngs ruff feuinciill, shall Wke fine eleawr and call the members present to order and commence the meeting. 8.1.2 Termination - Council - Committee proceedings Council or Committee shall remain in session until all business on the agenda is disposed of up to 11:00 p.m. unless by unanimous consent of the members present a one-hour extension is approved with proceedings of Council ending by no later than midnight. Failure to obtain unanimous consent will result in the meeting being adjourned and the balance of the agenda will be deferred until the next available Council or Committee meeting. 8.1.3 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. Page 18 of 126 8.1.4 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. 8.2. City Council Meeting Agenda and Order of Business 8.2.1 Order of Business — Council Meeting 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; i. Mayoral Business and Updates ii. Staff Reports j) Questions and Answers; n) By-laws - 3rd Readings; o) 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. 8.2. City Council Meeting - Order of Business Definition and Procedure 8.2.1 Commencement The ON* f"ireso h2g ffrucci,.__________will call the meeting to order and complete the respective meeting acknowledgements to commence the agenda. 8.2.2 Adoption of the Minutes The minutes of any previous meetings to Council or Special Council meeting that were circulated prior to the start of the meeting will be considered for adoption. Once they have been adopted, the Mayor and Clerk shall sign them. 8.2.3 Communications aad petitieRs The Communication listed on the Council agenda will include informational matters, related to Council approved policies, including but not limited to Flag Policy approvals. Page 19 of 126 8.2.4 Presentations Will be included on the agenda in accordance with Article XX presentations of this By-law. 8.2.5 Delegations Will be included on the agenda in accordance with Article XX Delegations of this By-law 8.2.6 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 the Council. 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. 8.2.7 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 "Unfinished Business" is called for under the order of procedure. 8.2.8 New Business The following items of business may be introduced when "New Business' is called for under the order of procedure: a) Mayoral Business and Updates; b) notices of motion; c) motions of which prior notice has been given; d) motions for reconsideration; e) motions of congratulation or of sympathy or other motions of a routine nature; f) where any other matter is raised under "New Business" it shall not be discussed 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, io ���,�,Illlovti il7rthe inntt° s tl_i,.rto,',,',Id7auu is n1iatr,r rnivy be f0einem O)e Gemrulbi:ii?p....,ot di7,tOF do�n+?&.ote 1 i,1;�i� oNV'v 17Y vvq �I',;Il�sy 8.2.8.1 Mayoral Business and Updates a) The Mayor can provide updates or resolutions from other organizations on the agenda for Council's consideration. If the Mayor is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority, as per Section 284.10 (1) Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 - Bill 3, the Mayor may raise the matter at this time for Council's consideration in accordance with the Provincial Legislation. Page 20 of 126 When "questions" are called for under the order of procedure any member of the Council 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. 8.2.10 Answers When "answers" are called for under the 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. 9.2,12 StaffRgpq[tE III f�)Il i g��11 ng 111)a L! 01-�/! Loil 0 1 l ess innay !Iil � �d Ily ig iI �2 �2lg jj]�! I ag�219d�2 wil thoU L 113011 lip, 11111 Lila 11 Y Loinsidoired aL d SLaindigg t',oirn rn Lice of Counc!L -0112!2!1ngf II2a VI lcf Administrative Officeir oil timir cieslgjngju, gl2d, reiated to flich i2p[oyui, Page 21 of 126 -;hall he OmF4bided on the FePGFt 8f the SUP-h FAR-*iR-.R May be On the fellewing feFffi� g) "That the by law(s) GensideFed by this Committee (as the same havp I;Lzen amen&d) be taken as ...i.... ak,; M tl.AR ARGe til eveFy ...i.......i.. dp,;iFps t speak has S ..L.... i) A FnGtieR te Fise and FePGFt Will be put immediately and will be deridi-d �.vithput debate. 7-2-13 o. POFt Committee of the I-A-1h .le fellewiRg f...,..... the C=AFnRqi4PP AfthP k4hi;le held this date, as attached hpFetg ;;Rd feFmiRg paFt efthp,;p RqiRI_ItPq 8.2.13 By-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 government agency before being passed, or that notice of Council's 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: "That the by-laws listed on the agenda for third reading, namely: a) a by-law to ... b) etc. (listing all the by-laws) be taken as read a third time, be finally passed and numbered serially by the Clerk." 8.2.14 Adjournment Upon completion of the matters included on the agenda, the meeting shall be considered adjourned. Article 9 9.1. Closed Session Meetings 9.1.1 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 meeting shall be called a "closed" meeting. Page 22 of 126 9.1.2 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. 9.1.3 Meeting - 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 a qu,a4od prosidod cowrthe meeting; d) those in attendance; e) the matter considered. f) all direction, votes, and other proceedings without note or comment. 9.1.4 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. 9.1.5 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. 9.1.6 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. 9.1.7 Closed meeting investigations Any person may file a complaint as to whether the municipality has complied with the open meeting provisions in the Act by filing the complaint with the city's Closed Meeting Investigator, the Ontario Ombudsman, appointed under section 239.2 of the Act. Article 10 10.1. Special Council Meetings 10.1.1 Special Council meeting - Location A special meeting of Council ^F G the Genn ""tee -f the `4h -'e will be held in the Council Chambers or at such other place or means as noted on the agenda. 10.1.2 Special Council meeting convened A Special Council meeting will be convened at: a) at the call of the Mayor; or, b) upon receipt by the Clerk of the petition of the majority of the members. Page 23 of 126 10.1.3 Petition to Calla Special Council meeting 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. Once received bythe Clerk, no member may remove his/her name from a petition filed under this Section. 10.1.4 Notice and purpose of all special meetings Notice and purpose of all special meetings of the Councilor 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. 10.2. Emergency Business - Dispensing with Notice 10.2.1 Consideration of a matter without consent 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. 10.2.2 Consideration of a matter without notice lm rv.11 a uu i* +uih a nml,,°,i„a 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 WVn^,1e cifCouncil members with both the reason for adding the matters and the required consent recorded in the minutes. 10.2.3 Special Meeting - Emergency 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 o+� r n iim+ ry 4 it - Wlllrk )4may be called by the Mayor without notice to consider and deal with such urgent and extraordinary matters. Article 11 11.1 Standing Committees - Committee of the Whole - Special Purpose Committees 11.1.1 Procedure Except as otherwise provided in this By-law, a committee will conform to the rules governing protocol and procedure in the Council. 11.1.2 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. 11.1.3 Mayor - ex -officio The Mayor is an ex -officio member of every committee. Page 24 of 126 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 11.1.4 Terms of 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. 11.1.5 Standing Committees The following shall constitute the Standing Committees of Council: a) Community and Infrastructure Services; b) Finance and Corporate Services; a. Audit Committee c) Planning and Strategic Initiatives. 11.1.6 Standing Committees -Order of Business 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) Disclosure of Pecuniary Interest and The General Nature Thereof; c) Consent Items; d) Delegations e) Discussion Items; f) Status Updates (Audit Committee) g) Public Planning Matters (Planning and Strategic Initiatives) h) Information Items. i) Adjournment. 11.1.7 Committee Quorum A quorum is as defined under Section 1.20. The Mayor is a member to be included in determining the quorum. 11.1.7 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. Page 25 of 126 11.1.8 Audit CommitteeQW)k Il1ueglldiiimg 1fficeip The Mayor or Acting Mayor will Nage tll7e Qlhaii p[r Ide ate[ the Audit Committee. 11.1.9 Committee meeting location Generally, committees will meet in City Hall unless noted on the public meeting notice 11.1.10 Committee Chair 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 11.1.11 Absence Of � and war dgure-Ghaiagreaodmurig fffficg.l,. 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 and discharge the duties of the ('0mn4Wo r„i:o ndrR'r a lu ul;,,, cA11l cor during the meeting or until the arrival of the Committee Chair or the Vice -Chair. 11.1.12 Committee Chair - Voting The Committee Chair may shall 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. If a qHE)FbIFA 05 Rat ffesent thiFty Fnin HAP -5 R4PF the tiffle appointed f8F the Fneeting, the meeting will stand 10.1.12 11.1.13 Committee meeting — not permitted No committee shall be permitted to meet while Council is in session. 11.1.14 Committee matters - consideration 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. 11.1.15 Motion - Committee - Seconded A motion made in committee need not be seconded. Article 12 12.1 Special Joint Meetings 12.1.1 Joint Meeting—Two Committees Page 26 of 126 A joint meeting of two committees may be directed by Council or may be called by their Chairs, in consultation with the Clerk or designate, whenever such Chairs consider it necessary for their respective committees to consider and report jointly on matters within their joint areas of concern. 12.1.2 Quorum -Joint Meeting —Two Committees 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 12.1.3 Joint Meeting - Chair 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. 12.1.4 Joint Meeting - Chair - vote on a question 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. 12.1.3 Joint Meeting - Rules of Procedure 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 orjoint meeting calling pursuantto this Section. Article 13 13.1 Agendas and Minutes 13.1.1 Regular Council Meeting Agenda -Published The_agenda shall be published and provided to each member no later than 12:00 noon the Friday preceding the commencement of the regular Council Meeting in question. 13.1.2 Regular Council Meeting Agenda -Meeting Rescheduled -Published Where the Regular Council meeting date is rescheduled for another day of the week, other than a Monday, the agenda shall be published and provided to each member no later than 12:00 noon two business days preceding the commencement of the regular Council Meeting in question. That Special Council agendas and reports be published on the City's website and given to all members not less than twenty-four hours in advance of the time fixed for the meeting. 13.1.4 Standing Committee Agenda - Published That Standing Committee agendas and reports be published on the City's website ten (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. 13.1.5 Revised Committee Agenda Page 27 of 126 The Clerk or designate shall prepare and publish a Revised Standing Committee Agenda no later than 2:00 p.m. on the Friday preceding the commencement of the meeting, advising of any additional registered delegates,...induudiiing Duires.eintnjon imateo iallls if s ulb milted, or written submissions received relating to matters on the agenda. 13.1.6 Audit Committee Agenda That Audit Committee agendas and reports be published on the City's website not less than two days prior to the scheduled meeting. 13.1.7 Reports -documents -available to public— exception All minutes, reports and associated documents that are provided to Council/Committees forming part of an agenda shall be made available to the public on the City's website 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. 13.1.8 Council Minutes a) Minutes of the Council will record: i. the date of the meeting; ii. the record of the attendance of the members; iii. the reading, if requested, correction and adoption of the minutes of prior meeting(s); iv. 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: i. 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. ii. Minor deletions, additions, or other changes 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. 13.1.9 Minutes - Closed Session The Clerk and/or his or her designate shall attend all closed meetings and record the proceedings, including procedural motions and direction given to staff, without note or comment. Article 14 14.1 Delegations 14.1.1 Delegations - Participation - Meetings Subject to section 14.1.9 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. 14.1.2 Delegations - Participation - Meetings Notwithstanding Section 7.1 Delegations shall not be permitted during special council meetings during Strategic Sessions or Special Finance and Corporate Services Committee meetings (Capital, Operating and Page 28 of 126 Final Budget meetings), public participation will only be accepted by way of written submission. Notwithstanding this provision, in emergency situations, Council by affirmative vote of a majority of its members present, may agree to hear a delegation. 14.1.3 Delegations - Matters listed on an agenda 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. 14.1.4 Delegation - Motion - Permitted 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. 14.1.5 Delegation request -future meeting That where a delegation request has been received for 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 have been circulated for Council's consideration. 14.1.6 Delegation request - Matter not on an agenda 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 the City's jurisdiction, this matter shall be referred to the next available agenda setting meeting for consideration by the Committee Chairs. 14.1.7 Delegation request -Scheduling 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. 14.1.8 Delegation request -Agenda -Supporting documents 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. 14.1.9 Delegation - Speaking on the same matter 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. 14.1.10 Delegation - Time Allotment 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. Page 29 of 126 14.1.11 Delegation - Repeat - Previous Delegations Delegations will be requested not to repeat what has been stated by previous delegations addressing Council. 14.1.12 Delegation - In-person participation In person delegations will be permitted to register until the start n� +w mry9+,„n with the Clerk or Designate up to the start of the meeting= 14.1.13 Delegation - Electronic participation eetF^^ie deleTetien Tto ensure electronic delegation have all the necessary meeting details for participation, then will be requested to register 2 hours prior to the start of the meeting. Electronic delegates will be sent an invitation to join the electronic meeting by clicking the Join Meeting Now link or dialing the telephone number listed in the invitation. 14.1.14 Delegation - Electronic participation Delegation registration deadlines for both in-person and electronic participation will be noted on the Council or Committee agenda. 14.1.15 Delegation - Video Delegation All Delegations will participate in-person or electronically, video delegations submissions shall not be permitted in lieu of participation. If a delegation wishes to provide a video submission they will be circulated to members of Council electronically but will not be displayed during a public meeting. 14.1.16 Delegation - Curtail — derogatory comments The Ghia: �r PilcsuduimgONIcd,irmay 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 of h u4: Oro csiding Qf iiccp,,, rules that the delegation is concluded, the person or persons appearing shall withdraw. 14.1.17 Members — Delegation - Debate That members shall be permitted to ask questions of delegates but shall not make statements nor enter into debate with such persons. 14.1.18 Delegation — Comments or Statements - Erroneous 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 dllsawr Presiding Qf(ocer Point of Order and when recognized may provide the necessary corrections or clarifications to the comments or statement said by the delegation. 14.1.19 Delegations - Participation - Meetings Subject to sections 14.1.20 and 14.1.26 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. 14.1.20 Delegations - Participation - Meetings Notwithstanding Section 14.1.19 Delegations shall not be permitted during special council meetings during Strategic Sessions or Special Finance and Corporate Services Committee meetings (Capital, Operating and Final Budget meetings), public participation will only be accepted by way of written Page 30 of 126 submission. Notwithstanding this provision, in emergency situations, Council by affirmative vote of a majority of its members present, may agree to hear a delegation. 14.1.21 Delegations - Matters listed on an agenda 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. 14.1.22 Delegation - Motion - Permitted 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. 14.1.23 Delegation request - future meeting That where a delegation request has been received for 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 have been circulated for Council's consideration. 14.1.24 Delegation request - Matter not on an agenda 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 the City's jurisdiction, this matter shall be referred to the next available agenda setting meeting for consideration by the III�2!)�Committee Chairs. 14.1.25 Delegation request - Scheduling 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. 14.1.26 Delegation request - Agenda - Supporting documents 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. i,,.+'�w.1,— Ilweim*ff,.utirau.... i�pi'.!ui,uuu.w .nu �°hv..uwwun�n ua�,uttudn 15.1 Presentations 15.1.1 Presentation -Restricted -Type Presentations shall be restricted to the following: a) Recognition/Awards; and, b) When not accompanied by a staff report: a. Presentations by City staff or consultants retained by the City providing information related to municipal operations b. Presentations of information related to local organizations and city -affiliated committees/boards and agencies. c. Presentations from senior levels of government or other municipal governments 15.1.2 Presentation -Time -Limited Presentations, save and except those related to the City's annual budget deliberation process and strategy sessions, shall be permitted to address Council for a maximum of ten minutes and the & H14: P 2ldlf p Page 31 of 126 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 dldiF 11°irCsiding Officeirwill 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. 15.1.3 Presentation Materials — Printed or Electronic — Prior to the meeting Presentations deadlines for staff and delegations shall be as follows: a) For Council or Committee meetings where the agenda was published less than 2 business days prior to the meeting, electronic versions of the presentation shall be submitted to Legislated Services staff by 9:00 a.m. on the morning of the meeting and must be in compliance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (MFIPPA). b) For meetings where the agenda was published three business days or greater an electronic version of the presentation is to be submitted to Legislated Services staff by noon on the business day prior to the meeting. c) Where presentations are not in compliance MFIPPA, the City Clerk, or designate shall request presentations to be amended, or will be permitted to edit or delete the slides to ensure compliance prior to use during a meeting. d) If amendments are not made to the presentation prior to the meeting, the City Clerk, or designate shall circulate the presentation to Council for their consideration but it will not be displayed during a meeting. e) 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. 15.1.3 Presentation Materials — published with minutes All presentation materials used during meetings will be published with the minutes following the meeting along with the balance of the agenda materials. Article 16 16.1 Communications and Petitions 16.1.1 Communications General Every communication, including petitions and correspondence, submitted in hopes to be shared with Council shall Ilse -petA pV W11144eum oiw.. pA144ed.. auRd sp�mallll not contain any 4IlIlpei piurnemnl or i°imcmp iFelllser a lffOlL"~,fene or defaimaunflry language and shall be signed by at least one person and filed with the Clerk or designate. ,°surf+"u',,,ui°r�unnoouow',,;,otluovHn u�u1,p,�uha��ull pHni s,;p uir� a�,� Ilr�.pprir uuu nlC�ry�u„IPriry�a�ox7Vt IPi�,ni°n,„oo n+�„u� �,n,ollll l to do d ng y 4gfld _exp to V Ny7unnlb rs tip r_o uun+ u0, 16.1.2 Communications Received - Matters on an agenda Where an item of correspondence is received and 9 0 Wbiek aWptow,it pertains to an item on an agenda for a Standing Committee meeting, the correspondence shall be added to the revised agenda if received by the Clerk by the revised agenda publishing Deadline. 16.1.3 Communications Received -Matters on an agenda -after Ei nai ggcoldg___publishing deadline Where an item of correspondence has been received, it pertains to an item on an agenda, but the agenda has been published, the correspondence shall be published with the minutes with any additional correspondence that has been received on the City's website. Page 32 of 126 16.1.4 Petitions Every person that submits a petition for Council's consideration shall have regard for the following: a) The author (s) who file a petition must leave their name and contact information with the Clerk; 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 names of individuals who have signed the petition will be published, but additional personal information wi eredacted or the purpose o onmepu is ing..I ra r .rt;!,I II ' A; ,... :. ........ ... d) Every petition received shall be circulated to the Department Head responsible for the general service area the petition pertains to, or their designate. The Department Head, their designate, or the CAO may contact the person who filed the petition to discuss the matter contained within the petition; e) For petitions received for matters on the agenda, they will be circulated to Council in accordance with the Section 15.1.2 and 15.1.3 of this By-law; f) For petitions received for matters not included on an agenda, they will be circulated to Council through the ECCIP. 16.1.5 Electronic Council Communications Information Package (ECCIP) The Municipal Clerk shall prepare an Electronic Council Correspondence and Information Package (ECCIP), which will be published on Friday, save and except for Fridays that are holidays, where the package will be published on the day prior, containing correspondence received by Staff for Council's information, including but not limited to: Resolutions; Provincial / Federal Government and their Agency Correspondence; Petitions; and, Miscellaneous Correspondence. 16.1.6 Electronic Council Communications Information Package (ECCIP) —not formal agenda The Electronic Council Communications Information Package (ECCIP) is not a formal meeting agenda for the purpose of providing notice of a meeting or agenda item for Council or Committee consideration. Any member wishing to consider a matter included on the information package would be required to make a request to the Clerk of designate to be included on a future Council meeting agenda. 16.1.7 ECCIP Correspondence -deadlines The deadline for information to be included in the ECCIP is 11:00 a.m. on Friday, save and except for Fridays that are holidays, where the package will be published on the day prior. 16.1.8 Communications Received — Public Information Every communication received shall be presented to Council or Committee, through a meeting agenda, or through the ECCIP. Communication shall be published online including the author(s) name;°, any contact information provided will be redacted for the purposed of online publishing for privacy purposes,.,lr, I:I a[e+on� rjuo-; IPPA. ,................_................... The Authors contact information may be disclosed if the correspondence was 1n� i I submitted in support of a matter subject to Legislation that would prohibit privacy protection. Article 17 17.1 Rules of Conduct and Debate q,jd i tre 11 a uu uu ,,, a ntllls rvn Ill (,,nttu rr uu .ant encha, G2 nciralllly Irmcurrrollacirso( �2;jng,ull ii 11 11 dlslllpn 1222 yVit,h matiaWi.rs in c irnapnneir as rolllllr wsa Page 33 of 126 17.1.1 Address the gQsawwmFrgskiling Offucgp Any member desiring to speak shall rise, and upon being recognized by the N40YOF f Ei nldl ng Offlcerwill the Chair. 17.1.2 Order of Speaking When two or more members rise to speak, the Mayou Ilzo ssi°ldiungOfforc cep-will recognize the member who, opinion of theII�Aayoib f"[r Idl ng Qgffi eir rose first and next recognize in order the other members. 17.1.3 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. 17.1.4 Member's speaking time That the following apply to Council or Committee meetings: 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 l,,, "IIdu7��wu bf�oiiiw�. 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. Member's questions cannot expand the scope of the delegation's / presenter's remarks or include the member's own statements / comments. Questions such as 'are you aware', 'do you agree' or 'wouldn't you say' are not permitted as they do not seek additional relevant information. Members will not engage in debate regarding any matter presented during questioning. 17.1.5 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. 17.1.6 Point of order Page 34 of 126 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 willful disregard by a member orany other person of the dignity and lawful authority of Council. A matter of privilege will take precedence over other matters. When a member raises a point of privilege the Mayor may use the words "Councillor ... state your point of privilege". While 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 may use the words "Councillor ... state your point of order." The member will state 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. 17.1.7 Appeal -Mayor or Ga�aad'ag,wdfin „ ;fa it sRuling The decision of the Mayor or Gham a Ilpii,,,caicding Qfdoa gp,,is final, subject to an immediate appeal, requested seconded, to the whole Council. If the decision is appealed, the Mayor or Ghai Q"ra l ding„gdfocci,,,,,,will give concise reasons for a ruling, and Council, if so appealed to, will call a vote, without debate on the following question: "Will the ruling of the Mayor or Ilpara,!sl dingadidocerGhaili� be sustained?", and its decision is final. The Mayor or l ddf%;,ii,cad,p;,, vote on this question and in the event of an equality of votes, the ruling of the Mayor or Illi cd,iading Qfi !KD', Ghaiiu shall be deemed to be sustained. 17.1.8 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. 17.1.9 Questions 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. 17.1.10 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. 17.1.11 Speak once - reply No member will speak more than once to the same question except to explain a material part of the member's speech which may have been misconstrued, but shall not introduce any new matter. However, a member who has presented a substantive motion rather than an amendment, may reply. 17.1.12 Question put - no further debate Page 35 of 126 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. 17.1.13 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. 17.1.14 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 18 18.1 Motions 18.1.1 Motions - Received and Read 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. 18.1.2 Motion -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 Ghaliir IRucrudippd Qf[lceir shall call a vote to decide on the withdrawal. 18.1.3 Motion - 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. 18.1.4 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. 18.1.5 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. 18.1.6 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: i. a point of order or personal privilege; Page 36 of 126 ii. presentation of petitions; iii. to move the question be put; iv. to adjourn. b) The following motions may be introduced without notice and without leave, except as otherwise provided by the rules of procedure: i. to refer; ii. to table, or to postpone, or defer to a day certain; iii. to amend; iv. to suspend the rules of procedure; V. 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) When a member's motion has been called by the Mayor at two successive 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. 18.1.7 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: c) to extend the time of the meeting (not debatable); d) to move the question be put (not debatable); e) to refer (debatable); f) to lay on the table (debatable); g) to defer indefinitely or to a day certain (debatable - as to time only); h) to adjourn (not debatable); i) any other procedural motion (debatable). 18.1.8 Amendment a) A motion to amend: i. will be in writing; and, ii. must be similar in meaning to the question which it is proposed to amend but with sufficient variance to constitute a new question; iii. 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; iv. 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. Page 37 of 126 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. 18.1.9 Motion to Call the Question A motion that to "Call the Question": 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) may be moved in the following words, "that the question be now put." 18.1.10 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. 18.1.11 Motion to lay on the table a) A motion simply "to lay a matter on the table" is debatable but cannot be amended. b) A motion "to lay on the table" with some condition, opinion, or qualification added 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. 18.1.12 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. 18.1.13 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) be printed in full under New Business in the agenda for that meeting; e) when a member's notice of motion has been called by the Mayor in two successive meetings and not proceeded with, it will be dropped from the agenda unless Council otherwise decides; Page 38 of 126 f) 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. 18.1.14 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 18.1.15 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. 184 46 Adjoui ug�rase,n:111i`:. 19.1 Voting in Council, Committees and Closed Session 19.1.1 Qualification The Mayor and each member have one vote only. 19.1.2 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. 19.1.3 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 a tied vote, the question being voted on is deemed to be lost. 19.1.4 Unrecorded 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. 19.1.5 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. 19.1.6 Recorded vote a) Any member, before the question is decided, may require that the vote be recorded. Page 39 of 126 19.1.7 Disputing vote If a 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 Mayor's declaration and require a recorded vote to be taken. 19.1.8 Putting question - members seated When the Mayor calls for the vote on a question, each member will occupy they/their 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. 19.1.9 Disclosure of pecuniary interest .i i v auruN+tlu, N+u•at !i 'Jr Il u; shall"'p.:dl�iy irury,lC�,;,yHu �u tiH wtv of �� ne "�� ui;urro+ ui,nl, qmu anuw+�ir..:uu� u Vwami,;ruirm� l ua u,"+rymntl u, V �,. .. f ir�o vin u�i',nviuu� � n,M,p� qui uru a+:`� uvHv uuuo u, aaauV u V rui,' If°i�r�,uaiovxo';+,i U1110II iiuu1uio`upu;l;n + �ryrntl u',; �u II �a'�auuu�rir°t„!,u�vuarua�v �;i, ., W i ,�rvu ...b iiu.i.i_�irvde'l t v o,;; i , i",, i!r'i, uinw io:1Lflar: rr� i u a : i.r , ,r �;I ll� ,.� i .� r, a iru u;. �� w r ^ i a,y,.. �.. 2.1 ,2ai"nall C,cwincill ,ulr;a',urinurirnuVp„ua,�urrr�,wwq nr; i �„y rt�..oia.� lar..uur�w'� aai w:idl H akge dk&1 0 HF111 aiie v a rraa i vikgfl '0414uaa uov)a ua uo 410 Ilaa:ri llk allr 4..,iu0 RNR'',F dOd 41 v40 rirukHHu ,s Pi Vllr�,..-urrr ,ryiuuu.,.-by 4i+7 :,:'4o k IV:ry✓i a i,, 141NI:!44s oiva �4-.41r,eire47...IVaaau uiwrV 44P, f,01:: 14l 0049u,a...O P44P il.n.ruvatlr virtu us..F w:� gpi�Irn vi� tl:::V.e P43Ik:: :14'm 1111 b~ ::, r.reeeudiaatl -bse tho 11_ir:rd 41 thdu ayr41EA11`,6 ::1f viae aaekt um11eetaIng 0:11a t a ptl� IR vi`',L.:vho II7u:dlaiaw., 19.1.10 Meeting - open - during the taking of a vote Subject to Municipal Act. Section 239 (2), or any other applicable statute, a meeting shall not be closed to the public during the taking of a vote. 19.1.11 Meeting - closed - during the taking of a vote Despite Section 19.1.2, a meeting may be closed to the public during a vote if: a) Section 9.1.1 permits or requires a meeting to be closed to the public; and Page 40 of 126 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 20 20.1 General Provisions 20.1.1 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. 20.1.2 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 aurouj am tfc thing 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. 20.1.3 Recording equipment Council and Standing Committee Meetings shall be recorded, wherever possible, through live audio and video streaming on the City's website. 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. 20JA Off 11 oallIllteggumd IldllggUilig Miiiiustgs ��. ih"fl.-,Council and dtandln � yoi°nin!tuee Meetings aue video it -1 -IM thus'4fiiriial f+ia w Lli�ivnlli I nig. ecoird of t1w ingefl,ifg acre the irninu tes.„, Article 21 21.1 Repeal Enactment 21.1.1 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. 21.1.2 By-law Previous This By-law will come into force and take effect on Page 41 of 126 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law with respect to Procedure, known as the "Procedural By-law") 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 Article 1 Definitions 1.1 Acting Mayor - defined "Acting Mayor" [acting Head of Council] means the Member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor when the Mayor is absent or refuses to act or the Office of Mayor is vacant, in accordance with the applicable appointment by-law. 1.2 Audiovisual — defined "Audiovisual Conference System" means the system chosen by the Clerk for the purposes of joining meeting participants via electronic means. 1.3 Chief Administrative Officer and/or CAO - defined "Chief Administrative Officer" or "CAO" means the Chief Administrative Officer of the City, or their designate. 1.4. City - defined "City" means the City of Kitchener. 1.5 Clerk - defined "Clerk" means the City Clerk of the City of Kitchener or appointed designate. 1 Page 42 of 126 1.6 Committee - defined "Committee" means any advisory or other Committee, subcommittee or similar entity composed of members of one or more councils. 1.7 Committee Chair - defined "Committee Chair" means Chair of any Committee of the Council. 1.8 Council - defined "Council" means the Council of the City of Kitchener. 1.9 Delegation/Delegate - defined "Delegation/Delegate" means a person or persons attending in-person or electronically to address Council or its Committees and including presenters and consultants retained by the City. 1.10 Electronic Council Correspondence and Information Package (ECCIP) - defined Electronic Council Correspondence and Information Package (ECCIP) means an electronic package containing correspondence received by Staff for Council's information and consideration. 1.11 Electronic Meeting —defined "Electronic meeting" means a meeting called and held in full electronic means, including but not limited to audio teleconference, video conference. 1.12 Electronic participation/participants —defined "Electronic participation/participants" means attendance not in person, but given an opportunity to participate as if they were attending in person. 1.13 Hybrid—defined "Hybrid" means a type of meeting that includes in-person meeting operation and electronic or virtual attendance. 1.14 Host Computer— defined "Host Computer" means the staff person and computer that has the scheduled start, stop of the meeting, and can share presentation and other materials as needed. 1.15 Livestream —defined "Livestream" means the meeting is broadcasted live through a webstream/or alternate streaming service as it occurs live. 2 Page 43 of 126 1.16 Local board - defined "local board" means a municipal service board, transportation commission, public library board, board of health, police service board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority. 1.17 Mayor -defined "Mayor" means the 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 226 of the Municipal Act, 2001. 1.18 Meeting -defined "meeting" means any regular, special, or other meeting of council, of a local board or of a Committee of either of them, where: A quorum of members is present, 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. 1.19 Member -defined "member" means a Councillor of the Council. 1.20 Motion (main) - defined "motion (main)" means any motion except one to: 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. 1.21 Motion to receive and file - defined "motion to receive and file" means a motion to acknowledge the particular item, report, or recommendation under consideration, and to have the item, report, or recommendation placed in the records of the Clerk for future reference. 1.22 Motion (subsidiary) - defined "motion (subsidiary)" means any motion which affects the disposition of a main motion, by bringing it to an immediate vote, or by delaying or by deferring a decision thereon. 1.23 Municipal Act - defined "Municipal Act, 2001, S.O. 2001, c. 25" is a consolidated statute governing the extent of powers and duties, internal organization and structure of municipalities in Ontario, which is commonly referred to as "the Act" and will be referenced as such throughout the By- law. Page 44 of 126 1.24 Non -Jurisdiction -defined "Non -Jurisdiction" means a matter that lies with another level of government and is outside the scope of Council's powers as set out in Section 11 of the Act, this includes matters that fall under Regional, Provincial or Federal responsibility or that lie with another municipality. 1.25 Notice of motion - defined "notice of motion" means a written notice given by a member, advising Council of a specific motion which will be brought to a subsequent meeting. 1.26 Personal privilege - defined "personal privilege" means the raising of a question which concerns a member or the 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. 1.27 Point of information - defined "point of information" is a request directed to the Presiding Officer, or through the Presiding Officer to another member or to the staff, for information relevant to the business at hand, but not related to a point of procedure. 1.28 Point of order - defined "point of order" means a statement made by a member during a meeting, drawing to the attention of the Presiding Officer, a breach of the rules of procedure. 1.29 Point of procedure - defined "point of procedure" means a question directed to the Presiding Officer to obtain information 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. 1.30 Presentation - defined "presentation" means information being provided verbally and may include the use of presentation medium such as PowerPoint, video, slide show etc. In addition, a presentation would include presenting awards or gifts to or from the City of Kitchener. 1.31 Presiding Officer - defined "Presiding Officer" means any person who presides at a meeting. 1.32 Public hearing - defined "public hearing" means a meeting of Council or that portion of a meeting of Council, or 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. 4 Page 45 of 126 1.33 Quorum -defined "quorum" is a majority of the whole Council or a majority of the voting members of a Committee. 1.34 Recorded vote - defined "recorded vote" means the recording of the name and vote of every member voting on any matter or question. 1.35 Resolution - defined "resolution" means a formal statement of opinion adopted by Council or a Committee in accordance with these rules. 1.36 Rules of procedure - defined "rules of procedure" means the rules and regulations contained in this By-law. 1.37 Special or joint meeting -defined "special or joint meeting" means a meeting other than a regularly scheduled meeting called pursuant to the provisions of this By-law. 1.38 Special Purpose Committee - defined "Special Purpose Committee" means any Committee appointed by Council except any Standing Committee. 1.39 Standing Committee - defined "Standing Committee" means such Committees of Council designed by resolution of Council. Article 2 Interpretation 2.1 The City Clerk or designate - Interpretation The Clerk or designate shall be responsible to interpret and administer the rules of procedure under this Procedure By-law. 2.2 Purpose and Principles Council and Committees shall observe the Rules of Procedure contained in this by-law in all proceedings of the Council and Committee. This by-law shall be used to guide the order and dispatch of business of the Council and Committee and wherever possible, with the necessary modifications, for all advisory Committees and ad hoc Committees unless otherwise provided. 5 Page 46 of 126 2.3 Member's rights Each member has the right to: a) One vote, subject to the declaration of pecuniary interest; b) Information to help make decisions, unless otherwise prevented by-law; c) An efficient meeting; and d) Be treated with courtesy and respect. Article 3 Rules of Procedure — Adopted - Suspended 3.1 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 and in unprovided cases, by the procedure contained in Robert's Rules of Order. A summary of procedural motions, including purpose and required outcomes are set out in Schedule `A' as attached. 3.2 Rules - suspended - unanimous consent Notwithstanding Section 3.1, the rules and regulations contained in this By-law may be suspended by the unanimous consent of all members present. 3.3 Meeting - open to public Except as provided in the Act, or any other applicable statute, all meetings shall be open to the public and no person will be excluded except for improper conduct. Article 4 Duties of the Mayor and Council 4.1 Mayor - Preside at meetings 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) decline to put motions to a vote which infringe upon the rules of procedure; e) to inform the members of proper procedure to be followed and to enforce the rules of procedure; f) to enforce on all occasions, the observance of order and decorum among the members; I. Page 47 of 126 g) to call by name any member persisting in a breach of the rules of procedure and order the member to vacate the Council Chamber; h) 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; i) to provide information to members on any matter relating to the business of the City; j) to authenticate by signature all by-laws and minutes of Council; k) to rule on any points of order raised by members; 1) to maintain order. Where it is not possible to maintain order, the Mayor may, without any motion being put, recess or adjourn the meeting to a time to be named by the Mayor; and m) to adjourn the meeting when the business is concluded. 4.2 Ex -officio member Committees and Quasi -Judicial Committees That Mayor is an ex -officio member of all Committees of the Council including Quasi - Judicial Committees, and to be entitled to vote at meetings. 4.3 Mayor - Council representation The Mayor has the duty to represent and provide leadership and support to the Council. 4.4 Special Powers and Duties of the Head of Council The Mayor shall exercise the duties of the head of Council pursuant to the provisions of the Section 284.3 of Part V 1.1 of the Act, "Special Powers and Duties of the Head of Council" save and except for any duties that have been delegated to staff through approved Mayoral decisions. 4.5 Acting Mayor "Acting Mayor" [acting Head of Council] means the Member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor when the Mayor is absent or refuses to act or the Office of Mayor is vacant, in accordance with the applicable appointment by-law. The Acting Mayor has all the privileges of the Mayor, including the ability to bind the organization for execution of documents, save and except those granted by the Province of Ontario through Section 284.3 of Part V1.1 of the Act, "Special Powers and Duties of the Head of Council". 4.6 Council Member — Duties The Role of Council is to: a) represent the public and to consider the well-being and interests of the municipality; b) develop and evaluate the policies and programs of the municipality; c) determine which services the municipality provides; d) ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of Council; e) ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; f) maintain the financial integrity of the municipality; Page 48 of 126 g) carry out the duties of council under the Act or any other Act; h) uphold the by-laws and policies of the Corporation of the City of Kitchener. i) deliberate on the business submitted to Committee and Council; j) vote on all Motions before Council; and k) respect the Rules of Procedure at all Meetings. Article 5 Role of the Clerk and Chief Administrative Officer 5.1 Role of the Clerk a) carry out the responsibilities of their roles as described in Section 228 of the Act; b) provide procedural advice to the Presiding Officer and to Members on agenda business and on preparing Motions; c) ensure notice of Meetings is provided as set out in this by-law; make minor deletions, additions or other administrative changes to any bylaw, Motion, and/or minutes to ensure the correct and complete implementation of the actions of Council; d) authenticate by signature, when necessary, all resolutions, by-laws and minutes of Meetings and certify copies of such documents when required; and, e) perform such other duties as prescribed by law, or by direction of Council. 5.2 Clerk - Meeting Attendance The Clerk and/or their designate, will be present at all Meetings of Committee and Council. 5.3 Role of the Chief Administrative Officer (CAO) a) exercise general control and management of the affairs of the municipality for the purpose of ensuring efficient and effective operation of the municipality; and b) perform such other duties as are assigned by the municipality. Article 6 New Term — Annual Meeting Schedule- Meetings - General 6.1 Inaugural meeting 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. 6.2 Inaugural meeting — Order of Procedure At the inaugural meeting, the order of procedure will be as follows: a) Opening ceremony; b) Declarations of elected office and oaths of allegiance in accordance with the provisions of the Act; c) Appointments to Standing and Special Purpose Committees, boards, commissions and other organizations; d) Matters incidental to the above or of urgent nature. Page 49 of 126 6.3 Seating Council Table 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. 6.4 Meeting Location 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. 6.5 Annual Meeting Schedule Public notice of regular meetings of Council and Committees of Council shall be provided by posting the annual schedule of regular meetings adopted by Council on the City's web 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 24 -hours prior to the meeting and will be provided to the media. Article 7 Conduct of Members of Council and Attendance at Meetings 7.1 Council and Committee Members — Code of Conduct Council Members shall govern themselves according to Council's Code of Conduct. 7.2 Conduct of members in Council and Committee meetings a) No member will: i. 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; ii. use offensive or unparliamentary language against the Council or staff; iii. speak on any subject other than the subject in debate; iv. 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 or Presiding Officer, the Mayor or Presiding Officer may immediately put the question, no amendment, adjournment or debate being allowed, "that such member be ordered to leave his/her seat for the duration of the meeting of the Council." However, if the member apologizes, the Council may vote to allow the member to retake his/her seat. Page 50 of 126 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 defense. c) When a member has been called to order by the Mayor or Presiding Officer for a breach of parliamentary decorum, it is the member's duty to bow at once to the decision of the Mayor or Presiding Officer and to make an 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. 7.3 Conduct of Public and Delegations a) Members of the public and delegations in attendance at a meeting, shall not: i. Address Council or Committee without permission; ii. Interrupt any delegation or action of the members of Council, or any other person addressing Council; iii. Make any derogatory statements about Councillors, staff or others; iv. Express hate speech or make any defamatory comments; V. Engage in any activity or behaviour or make any audible noise that could affect the Council or Committee deliberations, including clapping, shouting, jeering or any other form of disorderly conduct; or vi. Bring any signs or placards into, or hand out any brochures, pamphlets, buttons or literature in the Council Chambers. b) No person, except Members of Council and appointed officials of the City of Kitchener, shall be permitted to come within or behind the horseshoe during a meeting of the Council or Committee without the permission of Council or Committee. c) No person shall make detrimental comments, or speak ill of, or malign the integrity of staff, the public, Mayor, Members of Council or Committee. d) Any person that disrupts a meeting shall be asked by the Mayor or Presiding Officer to stop the disruptive behaviour, and if the person persists they shall be asked to leave the meeting. e) If a person refuses to leave the meeting upon being requested to do so by the Mayor or Presiding Officer, the Mayor or Presiding Officer shall recess the meeting and shall direct the Clerk to seek the appropriate assistance from City of Kitchener Security division or the Waterloo Regional Police Service. If following a recess decorum cannot be achieved, the meeting may be adjourned and scheduled for the earliest opportunity. f) The Mayor or Presiding Officer may expel or exclude from any meeting any person who disturbs the meeting in accordance with this section. 7.4 Member Absent from Council The office of a Member of Council becomes vacant if the member has been absent from meetings of the Council for three (3) successive months without being authorized to do so by a resolution of Council unless otherwise permitted by S. 259 (1.1) of the Act. 10 Page 51 of 126 Article 8 General Rules — Electronic Meetings 8.1 Electronic (Hybrid Meetings) Notwithstanding any other provision in this By-law, members of Council, Committees of Council, Quasi -Judicial Committees, or Advisory Committees: a) can participate electronically in a meeting that is opened to the public including voting; b) those who are 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 including voting. d) Where possible those participating electronically shall be required to have their camera on for the purpose of determining quorum. 8.2 Members of Council - default meeting participation For Council and Committees of Council, where the meeting location has been identified as hybrid, in-person participation will be the default for Members of Council to allow for physical convening and dialogue. Limited exceptions to in-person participation will be permitted including: a) travelling for official city business, b) illness or infirmity, c) parental and caregiving requirement, d) health and safety, e) personal vacations less than three months in duration 8.3 Members of Council - Electronic Participation - Notice Members of Council will act in good faith and compliance with the exceptions provided in Section 8.2 and if requiring electronic participation will notify the Clerk or designate, no less than 12 hours prior to the meeting, to advise they are participating electronically. 8.4 Hybrid Meeting - Presiding Officer For meetings identified with a Hybrid location, the Presiding Officer of the meeting, unless for emergency or extenuating circumstance, will participate in-person, supported by the Clerk or designate. If the Chair/Presiding Officer is unable to attend in person, the designate/vice-chair will preside over the meeting. 8.5 Hybrid Meeting - Staff Participation For meetings identified with a Hybrid location, in-person participation will be the default for City Staff to enable staff to address and respond to dialogue of Council. Requests by staff to participate in a meeting electronically will be addressed to the Chief Administrative Officer or designate for approval. If approved by the Chief Administrative Officer or designate, staff requests to participate electronically in meetings will be provided to 11 Page 52 of 126 Legislated Services no less than 12 hours prior the meeting in order to facilitate participation. 8.6 Electronic meeting participation - Amend Procedural By-law The City may hold a special meeting to amend this By-law for the purposes of Article 8 - General Rules - Electronic meetings 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 9 Council 9.1 Commencement - Council - Committee As soon as a quorum is present after the hour set for the meeting, the Presiding Officer, shall call the members present to order and commence the meeting. 9.2 Termination - Council - Committee proceedings Council or Committee shall remain in session until all business on the agenda is disposed of up to 11:00 p.m. unless by unanimous consent of the members present a one-hour extension is approved with proceedings of Council ending by no later than midnight. Failure to obtain unanimous consent will result in the meeting being adjourned and the balance of the agenda will be deferred until the next available Council or Committee meeting. 9.3 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. 9.4 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. 9.5 Order of Business — Council Meeting 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; 12 Page 53 of 126 h) Unfinished Business; i) New Business; i. Mayoral Business and Updates ii. Staff Reports j) Questions and Answers; k) By-laws - Three Readings; 1) 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. 9.6 Commencement The Presiding Officer will call the meeting to order and complete the respective meeting acknowledgements to commence the agenda. 9.7 Adoption of the Minutes The minutes of any previous meetings to Council or Special Council meeting that were circulated prior to the start of the meeting will be considered for adoption. Once they have been adopted, the Mayor and Clerk shall sign them. 9.8 Communications The Communication listed on the Council agenda will include informational matters, related to Council approved policies, including but not limited to Flag and Illumination Policy approvals. 9.9 Presentations Presentations will be included on the agenda in accordance with Article 16 presentations of this By-law. 9.10 Delegations Delegations will be included on the agenda in accordance with Article 15 Delegations of this By-law. 9.11 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 the Council. 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. 13 Page 54 of 126 e) Notwithstanding subsection 9.11 (d) above, any member of Council may request that a particular clause be dealt with separately. 9.12 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 "Unfinished Business" is called for under the order of procedure. 9.13 New Business The following items of business may be introduced when "New Business" is called for under the order of procedure: a) Mayoral Business and Updates; b) notices of motion; c) motions of which prior notice has been given; d) motions for reconsideration; e) motions of congratulation or of sympathy or other motions of a routine nature; f) where any other matter is raised under "New Business" it shall not be discussed or voted on without a motion to do so, passed by two thirds of the whole of Council. 9.14 Mayoral Business and Updates a) The Mayor can provide updates or resolutions from other organizations on the agenda for Council's consideration. b) If the Mayor is of the opinion that considering a particular matter could potentially advance a prescribed provincial priority, as per Section 284.10 (1) Strong Mayors, Building Homes Act, 2022, S.O. 2022, c. 18 - Bill 3, the Mayor may raise the matter at this time for Council's consideration in accordance with the Provincial Legislation. 9.15 Questions When "questions" are called for under the order of procedure any member of the Council 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. 9.16 Answers When "answers" are called for under the 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. 9.17 Staff Reports The following matters/items of business may proceed directly to the Council agenda without being initially considered at a Standing Committee of Council: i. reports of the Chief Administrative Officer or their designate; and, 14 Page 55 of 126 ii. reports identified by staff in conjunction with the Clerk or designate to have timing constraints related to their approval. 9.18 By-laws -Three Readings Every by-law which has been recommended for enactment 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 government agency before being passed, or that notice of Council's 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: "That the by-laws listed on the agenda for third reading, namely: a) a by-law to ... b) etc. (listing all the by-laws) be taken as read a third time, be finally passed and numbered serially by the Clerk." 9.19 Adjournment Upon completion of the matters included on the agenda, the meeting shall be considered adjourned. Article 10 Closed Session Meetings 10.1 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 Act. Section 239 (2), or any other applicable statute, and such meeting shall be called a "closed" meeting. 10.2 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. 10.3 Meeting - 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; 15 Page 56 of 126 b) the authority prescribed by the Act, or any other applicable statute to authorize the closed meeting; c) who presided over the meeting; d) those in attendance; e) the matter considered. f) all direction, votes, and other proceedings without note or comment. 10.4 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. 10.5 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. 10.6 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. 10.7 Closed meeting investigations Any person may file a complaint as to whether the municipality has complied with the open meeting provisions in the Act by filing the complaint with the city's Closed Meeting Investigator, the Ontario Ombudsman, appointed under section 239.1 of the Act. Article 11 Special Council Meeting 11.1 Special Council meeting -Location A special meeting of Council will be held in the Council Chambers or at such other place or means as noted on the agenda. 11.2 Special Council meeting convened A Special Council meeting will be convened at: a) at the call of the Mayor; or, b) upon receipt by the Clerk of the petition of the majority of the members. 11.3 Petition to Call a Special Council meeting Upon receipt of the petition set out in Section 11.2 (b), 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. Once received by the Clerk, no member may remove his/her name from a petition filed under this Section. 16 Page 57 of 126 11.4 Notice and purpose of all special meetings Notice and purpose of all special meetings of the Council 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. 11.5 Consideration of a matter without consent 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. 11.6 Consideration of a matter without notice —dispensing with notice 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 Whole of Council members with both the reason for adding the matters and the required consent recorded in the minutes. 11.7 Special Meeting - Emergency 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 may be called by the Mayor without notice to consider and deal with such urgent and extraordinary matters. Article 12 Standing Committees — Special Purpose Committees 12.1 Procedure Except as otherwise provided in this By-law, a Committee will conform to the rules governing protocol and procedure in the Council. 12.2 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. 12.3 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. 17 Page 58 of 126 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 12.4 Terms of 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 and may withdraw a matter from a Committee whether or not the Committee has entered into consideration. 12.5 Standing Committees The following shall constitute the Standing Committees of Council: a) Community and Infrastructure Services; b) Finance and Corporate Services; i) Audit Committee c) Planning and Strategic Initiatives. 12.6 Standing Committees - Order of Business 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) Disclosure of Pecuniary Interest and The General Nature Thereof; c) Consent Items; d) Delegations e) Discussion Items; f) Status Updates (Audit Committee) g) Public Planning Matters (Planning and Strategic Initiatives) h) Information Items. i) Adjournment. 12.7 Committee Quorum A quorum is as defined under Section 1.33. The Mayor is a member to be included in determining the quorum. 12.8 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. IN Page 59 of 126 12.9 Audit Committee - Presiding Officer The Mayor or Acting Mayor will preside at the Audit Committee. 12.10 Committee meeting location Generally, Committees will meet in City Hall unless noted on the public meeting notice. 12.11 Committee Chair 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. 12.12 Absence of Presiding Officer 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 and discharge the duties of the Presiding Officer during the meeting or until the arrival of the Committee Chair or the Vice -Chair. 12.13 Committee Chair -Voting The Committee Chair 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. 12.14 Committee meeting — not permitted No Committee shall be permitted to meet while Council is in session. 12.15 Committee matters - consideration 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. 12.16 Motion - Committee - Seconded A motion made in Committee need not be seconded. Article 13 Special Joint Meetings — Council and Committees 13.1 Joint Meeting — All Councils — Region of Waterloo A joint meeting can be convened with all of the Council of all of the municipalities within the Region of Waterloo. Notice of the meeting, including date, time and location, shall be included on a Council or Special Council agenda. Notice of the meeting, shall be provided by the organizing municipality and the meeting agenda shall be included on the City's website. The Chair will be determined prior to the start of the meeting. A Clerk, designate or delegate will record the minutes for the meeting and the minutes will be made available on the City's website. 19 Page 60 of 126 13.2 Joint Meeting — Two Committees A joint meeting of two Committees may be directed by Council or may be called by their Chairs, in consultation with the Clerk or designate, whenever such Chairs consider it necessary for their respective Committees to consider and report jointly on matters within their joint areas of concern. 13.3 Quorum - Joint Meeting — Two Committees 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. 13.4 Joint Meeting - Chair 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. 13.5 Joint Meeting - Chair - vote on a question 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. 13.6 Joint Meeting - Rules of Procedure 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 14 Agendas and Minutes 14.1 Regular Council Meeting Agenda - Published The agenda shall be published and provided to each member no later than 12:00 noon the Friday preceding the commencement of the regular Council Meeting in question. 14.2 Regular Council Meeting Agenda - Meeting Rescheduled - Published Where the Regular Council meeting date is rescheduled for another day of the week, other than a Monday, the agenda shall be published and provided to each member no later than 12:00 noon two business days preceding the commencement of the regular Council Meeting in question. 14.3 Special Council Meeting Agenda - Published That Special Council agendas and reports be published on the City's website and given to all members not less than twenty-four hours in advance of the time fixed for the meeting. 20 Page 61 of 126 14.4 Standing Committee Agenda - Published That Standing Committee agendas and reports be published on the City's website ten (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. 14.5 Revised Committee Agenda The Clerk or designate shall prepare and publish a Revised Standing Committee Agenda no later than 2:00 p.m. on the Friday preceding the commencement of the meeting, advising of any additional registered delegates, including presentation materials if submitted or written submissions received relating to matters on the agenda. 14.6 Audit Committee Agenda That Audit Committee agendas and reports be published on the City's website not less than two calendars days prior to the scheduled meeting. 14.7 Reports - documents - available to public — exception All minutes, reports and associated documents that are provided to Council/Committees forming part of an agenda shall be made available to the public on the City's website 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 10.4 and the Act. 14.8 Council Minutes a) Minutes of the Council will record: i. the date of the meeting; ii. the record of the attendance of the members; iii. the reading, if requested, correction and adoption of the minutes of prior meeting(s); iv. 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: i. 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. ii. Minor deletions, additions, or other changes 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. 21 Page 62 of 126 14.9 Minutes - Closed Session The Clerk and/or his or her designate shall attend all closed meetings and record the proceedings, including procedural motions and direction given to staff, without note or comment. Article 15 Delegations 15.1 Delegations - Participation - Meetings Subject to section 15.10 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. 15.2 Delegations - Participation - Meetings Notwithstanding Section 15.1 Delegations shall not be permitted during special council meetings during Strategic Sessions or Special Finance and Corporate Services Committee meetings (Capital, Operating and Final Budget meetings); public participation will only be accepted by way of written submission. Notwithstanding this provision, in emergency situations, Council by affirmative vote of a majority of its members present, may agree to hear a delegation. 15.3 Delegations - Matters listed on an agenda 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. 15.4 Delegation - Motion - Permitted 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. 15.5 Delegation request - future meeting That where a delegation request has been received for 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 have been circulated for Council's consideration. 15.6 Delegation request - Matter not on an agenda 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 the City's jurisdiction, this matter 22 Page 63 of 126 shall be referred to the next available agenda setting meeting for consideration by the Committee Chairs. 15.7 Delegation request - Scheduling 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. 15.8 Delegation - Non -Jurisdiction That when a delegation through the agenda setting process is permitted to address Council for any matters outside of the scope of the City's jurisdiction, the delegation will be provided their permitted time allocation, but members of Council shall not be permitted to ask questions of that delegation. 15.9 Delegation request - Agenda - Supporting documents 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. 15.10 Delegation - Speaking on the same matter 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. 15.11 Delegation - Time Allotment 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. 15.12 Delegation - Repeat - Previous Delegations Delegations will be requested not to repeat what has been stated by previous delegations addressing Council. 15.13 Delegation - In-person participation In person delegations will be permitted to register with the Clerk or Designate up to the start of the meeting 23 Page 64 of 126 15.14 Delegation -Electronic participation To ensure electronic delegations have all the necessary meeting details for participation, they will be requested to register 2 hours prior to the start of the meeting. Electronic delegates will be sent an invitation to join the electronic meeting by clicking the Join Meeting Now link or dialing the telephone number listed in the invitation. 15.15 Delegation - Electronic participation - Deadline Delegation registration deadlines for both in-person and electronic participation will be noted on the Council or Committee agenda. 15.16 Delegation -Video Delegation All Delegations will participate in-person or electronically, video delegations submissions shall not be permitted in lieu of participation. If a delegation wishes to provide a video submission they will be circulated to members of Council electronically but will not be displayed during a public meeting. 15.17 Delegation - Curtail — derogatory comments The Presiding Officer 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 Presiding Officer rules that the delegation is concluded, the person or persons appearing shall withdraw. 15.18 Members — Delegation - Debate That members shall be permitted to ask questions of delegates but shall not make statements nor enter into debate with such persons. 15.19 Delegation — Comments or Statements - Erroneous 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 Presiding Officer on a Point of Order and when recognized may provide the necessary corrections or clarifications to the comments or statement said by the delegation. 15.20 Delegations - Participation - Meetings Subject to sections 15.2 and 15.10 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. 15.21 Delegations - Matters listed on an agenda 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. 24 Page 65 of 126 15.22 Delegation - Motion - Permitted 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. 15.23 Delegation request - future meeting That where a delegation request has been received for 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 have been circulated for Council's consideration. 15.24 Delegation request - Matter not on an agenda 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 the City's jurisdiction, this matter shall be referred to the next available agenda setting meeting for consideration by the Mayor and Committee Chairs. 15.25 Delegation request - Scheduling 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. 15.26 Delegation request - Agenda - Supporting documents 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. Article 16 Presentations 16.1 Presentation - Restricted - Type Presentations shall be restricted to the following: a) Recognition/Awards; and, b) When not accompanied by a staff report: a. Presentations by City staff or consultants retained by the City providing information related to municipal operations b. Presentations of information related to local organizations and city -affiliated Committees/boards and agencies. c. Presentations from senior levels of government or other municipal governments 16.2 Presentation - Time - Limited Presentations, save and except those related to the City's annual budget deliberation process and strategy sessions, shall be permitted to address Council for a maximum of 25 Page 66 of 126 ten minutes and the Presiding Officer 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 Presiding Officer will advise the speaker when they have gone overtime and will be directed to provide brief closing comments. Council may limit or extend the time allowed for a presentation by a majority vote. 16.3 Presentation Materials — Printed or Electronic — Prior to the meeting Presentations deadlines for staff and delegations shall be as follows: a) For Council or Committee meetings where the agenda was published less than 2 business days prior to the meeting, electronic versions of the presentation shall be submitted to Legislated Services staff by 9:00 a.m. on the morning of the meeting and must be in compliance with the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 (MFIPPA). b) For meetings where the agenda was published three business days or greater an electronic version of the presentation is to be submitted to Legislated Services staff by noon on the business day prior to the meeting. c) Where presentations are not in compliance MFIPPA, the City Clerk, or designate shall request presentations to be amended, or will be permitted to edit or delete the slides to ensure compliance prior to use during a meeting. d) If amendments are not made to the presentation prior to the meeting, the City Clerk, or designate shall circulate the presentation to Council for their consideration but it will not be displayed during a meeting. e) 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. 16.4 Presentation Materials — published with minutes All presentation materials used during meetings will be published with the minutes following the meeting along with the balance of the agenda materials. Article 17 Communications and Petitions 17.1 Communications General Every communication, including petitions and correspondence, submitted in hopes to be shared with Council shall not contain any obscene or defamatory language and shall be signed by at least one person and filed with the Clerk or designate. Any communication received that may have inappropriate language will be redacted prior to being circulated to Members of Council. 17.2 Communications Received - Matters on an agenda Where an item of correspondence is received and it pertains to an item on an agenda for a Standing Committee meeting, the correspondence shall be added to the revised agenda if received by the Clerk by the revised agenda publishing Deadline. 26 Page 67 of 126 17.3 Communications Received - Matters on an agenda - after final agenda publishing deadline Where an item of correspondence has been received, it pertains to an item on an agenda, but the agenda has been published, the correspondence shall be published with the minutes with any additional correspondence that has been received on the City's website. 17.4 Petitions Every person that submits a petition for Council's consideration shall have regard for the following: a) The author (s) who file a petition must leave their name and contact information with the Clerk; 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 names of individuals who have signed the petition will be published, but additional personal information will be redacted for the purpose of online publishing in accordance with MFIPPA; d) Every petition received shall be circulated to the Department Head responsible for the general service area the petition pertains to, or their designate. The Department Head, their designate, or the CAO may contact the person who filed the petition to discuss the matter contained within the petition; e) For petitions received for matters on the agenda, they will be circulated to Council in accordance with the Section 17.2 and 17.3 of this By-law; f) For petitions received for matters not included on an agenda, they will be circulated to Council through the ECCIP. 17.5 Electronic Council Communications Information Package (ECCIP) The Clerk shall prepare an Electronic Council Correspondence and Information Package (ECCIP), which will be published on Friday, save and except for Fridays that are holidays, where the package will be published on the day prior, containing correspondence received by Staff for Council's information, including but not limited to: Resolutions; Provincial / Federal Government and their Agency Correspondence; and, Petitions. 17.6 Electronic Council Communications Information Package (ECCIP) — not formal agenda The Electronic Council Communications Information Package (ECCIP) is not a formal meeting agenda for the purpose of providing notice of a meeting or agenda item for Council or Committee consideration. Any member wishing to consider a matter included on the information package would be required to make a request to the Clerk of designate to be included on a future Council meeting agenda. 17.7 ECCIP Correspondence - deadlines 27 Page 68 of 126 The deadline for information to be included in the ECCIP is 11:00 a.m. on Friday, save and except for Fridays that are holidays, where the package will be published on the day prior. 17.8 Communications Received — Public Information Every communication received shall be presented to Council or Committee, through a meeting agenda, or through the ECCIP. Communication shall be published online including the author(s) name; any contact information provided will be redacted for the purposed of online publishing for privacy purposes in accordance with MFIPPA. The Authors contact information may be disclosed if the correspondence was submitted in support of a matter subject to Legislation that would prohibit privacy protection. Article 18 Rules of Conduct and Debate 18.1 Dispensing with a Matters on an Agenda Generally members of Council will dispense with matters in a manner as follows: 1. A member puts forward a motion; 2. Another member seconds the motion (Committees do not require seconders); 3. The Presiding Officer states the question on the motion; 4. Members debate the motion (remarks may be ruled out of order if they do not relate to the topic); 5. The Presiding Officer puts the question (that is, puts it to a vote); 6. A recorded vote may be requested by any member; 7. The Presiding Officer announces the result of the vote. 18.2 Address the Presiding Officer Any member desiring to speak shall rise, and upon being recognized by the Presiding Officer will address the Chair. 18.3 Order of Speaking When two or more members rise to speak, the Presiding Officer will recognize the member who, in the opinion of the Presiding Officer, rose first and next recognize in order the other members. 18.4 Mayor— inability to debate The Mayor or Presiding Officer 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 or Presiding Officer to debate the question without first leaving the Chair after appointing a member to preside during such remarks. 18.5 Member's speaking time That the following apply to Council or Committee meetings: NN Page 69 of 126 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 Presiding Officer. 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. Member's questions cannot expand the scope of the delegation's / presenter's remarks or include the member's own statements / comments. Questions such as `are you aware', 'do you agree' or `wouldn't you say' are not permitted as they do not seek additional relevant information. Members will not engage in debate regarding any matter presented during questioning. 18.6 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 or Presiding Officer, for the purpose of drawing the attention of the Council to the matter. 18.7 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 willful 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 a point of privilege the Mayor or Presiding Officer may use the words "Councillor ... state your point of privilege". While the Mayor or Presiding Officer 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 or Presiding Officer to raise a point of order. When leave is granted, the Mayor or Presiding Officer may use the words "Councillor ... state your point of order." The member will state 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 or Presiding Officer will immediately vacate the floor until the point of order is dealt with, and will not speak again without the permission of the Mayor or Presiding Officer unless to appeal the ruling of the Mayor or Presiding Officer. 29 Page 70 of 126 18.8 Appeal - Mayor or Presiding Officer's Ruling The decision of the Mayor or Presiding Officer is final, subject to an immediate appeal, requested and seconded, to the whole Council. If the decision is appealed, the Mayor or Presiding Officer will give concise reasons for a ruling, and the Council, if so appealed to, will call a vote, without debate on the following question: "Will the ruling of the Mayor or Presiding Officer be sustained?", and its decision is final. The Mayor or Presiding Officer may vote on this question and in the event of an equality of votes, the ruling of the Mayor or Presiding Officer shall be deemed to be sustained. 18.9 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. 18.10 Questions 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. 18.11 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. 18.12 Speak once -reply No member will speak more than once to the same question except to explain a material part of the member's speech which may have been misconstrued, but shall not introduce any new matter. However, a member who has presented a substantive motion rather than an amendment, may reply. 18.13 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. 18.14 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 30 Page 71 of 126 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. 18.15 Unprovided cases In all unprovided cases in the proceedings of Council , the matter is decided by the Mayor, subject to an appeal to the Council. Article 19 Motions 19.1 Motions - Received and Read 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. 19.2 Motion -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 Presiding Officer shall call a vote to decide on the withdrawal. 19.3 Motion - 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. 19.4 Motion ruled out of order Whenever the Mayor is of the opinion that a the Mayor will rule the motion out of order. motion is contrary to the rules of procedure, 19.5 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. 19.6 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: i. a point of order or personal privilege; ii. presentation of petitions; iii. to move the question be put; iv. to adjourn. b) The following motions may be introduced without notice and without leave, except as otherwise provided by the rules of procedure: i. to refer; ii. to table, or to postpone, or defer to a day certain; 31 Page 72 of 126 iii. to amend; iv. to suspend the rules of procedure; V. 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) When a member's motion has been called by the Mayor at two successive 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. 19.7 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: c) to extend the time of the meeting (not debatable); d) to move the question be put (not debatable); e) to refer (debatable); f) to lay on the table (debatable); g) to defer indefinitely or to a day certain (debatable - as to time only); h) to adjourn (not debatable); i) any other procedural motion (debatable). 19.8 Amendment a) A motion to amend: i. will be in writing; and, ii. must be similar in meaning to the question which it is proposed to amend but with sufficient variance to constitute a new question; iii. 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; iv. 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. 32 Page 73 of 126 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. 19.9 Motion to Call the Question A motion that to "Call the Question": a) is not debatable; b) cannot be amended; c) cannot be moved when there is an d) e) amendment under consideration; will preclude all amendments of the main question; 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) may be moved in the following words, "that the question be now put." 19.10 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. 19.11 Motion to lay on the table a) A motion simply "to lay a matter on the table" is debatable but cannot be amended. b) A motion "to lay on the table" with some condition, opinion, or qualification added to the motion to table will be deemed to be a motion to postpone or defer made under Section 19.12. 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 19.13. f) A motion that has been tabled and not taken from the table for six months is deemed to be withdrawn. 19.12 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. 19.13 Notice of motion Notice of motion by a member will: a) be in writing; 33 Page 74 of 126 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) be printed in full under New Business in the agenda for that meeting; e) when a member's notice of motion has been called by the Mayor in two successive meetings and not proceeded with, it will be dropped from the agenda unless Council otherwise decides; f) 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. 19.14 Dispensing with notice Notwithstanding Section 19.13 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. 19.15 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 20 Voting in Council, Committees and Closed Session 20.1 Qualification The Mayor and each member have one vote only. 20.2 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. 34 Page 75 of 126 20.3 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 a tied vote, the question being voted on is deemed to be lost. 20.4 Unrecorded 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. 20.5 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. 20.6 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: a. Where there is an electronic voting method available, the Clerk will open and close the electronic vote and ensure the results of the vote are displayed on the screen. The Clerk shall announce the decision and shall record the vote and the name of each voter in the minutes. b. Where there is no electronic voting method available, 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. 20.7 Disputing vote If a 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 Mayor's declaration and require a recorded vote to be taken. 20.8 Putting question - members seated When the Mayor calls for the vote on a question, each member will occupy they/their 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. 35 Page 76 of 126 20.9 Disclosure of pecuniary interest It shall be the responsibility of each individual member to determine if a conflict exists and disclose any pecuniary interest and the nature thereof in accordance with the provisions of the Municipal Conflict of Interest Act, R.S.O. 1990, Chapter M.50, as amended, which will be recorded by the Clerk, in any regular or Special Council or Committee meeting. 20.10 Meeting - open - during the taking of a vote Subject to Section 239 (2) of the Act, or any other applicable statute, a meeting shall not be closed to the public during the taking of a vote. 20.11 Meeting - closed - during the taking of a vote Despite Section 20.2, a meeting may be closed to the public during a vote if: a) Section 10.1 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 21 General Provisions 21.1 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. 21.2 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/or Acting 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. 21.3 Recording equipment Council and Standing Committee Meetings shall be recorded, wherever possible, through live audio and video streaming on the City's website. 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. 21.4 Official Record - Meeting - Minutes Notwithstanding that Council and Standing Committee Meetings are video recorded, the official record of the meeting are the minutes. 36 Page 77 of 126 Article 22 Repeal Enactment 22.1 By-law Previous a) By-laws 2021-015, 2022-049 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) This By-law cannot be repealed and replaced without consideration at a Standing Committee of Council, with further ratification at a regular Council meeting and the Council may not waive such notice. 22.2 By-law Previous This By-law will come into force and take effect on May 1, 2025. 37 Page 78 of 126 � c � � � @ ■ E E 0 U � � m M -0 0 (vu u .§ � 0 0 2 M w LA � � 0 E E 0 U 2 \ > > > > > .0 E 0 0 0 0 � ' 'e 'e 'e 'e ■ > > > > > d ■ E o k0 / \ 4-1 7 \ \ \ - / / � ai $ 0— / 2 m \ \ \ \ k 0 � k k k k k k 0 u 0 k - \ \ \ \ \ 0 u � 2 m 0 0 0 0 0 2 z 2 z z z � -0 / 2 k § / ( 3 2 } _ r \ 5 ._ « 7 m 0 0 = 2 _ / 2/_ c% t 2 e e k $ / ° 0 \ ® \ E \ E $ \ 2 [ \ o E 2 0 S= f 7 E 0 E ru \ 3 u 'm E _ 'e ƒ [ = o m _ o � � e ¥ \ \ � = 2 ƒ ._ r \ 0 k \/§ c E /> OD �\% /: 1 2ƒ // 0 2 E 0 ro g 2 Ul \@ 2 c\ 3 e/ o 0 f } % 5 2 y 2 0 E\/ o= 2 n a u o E§ £@ E f l_ 2/ / g e 0. _ } e e S m ° % -0 / E E / E= e\ # .� e E f m \ 0 / \ E / \ Ul % / / / 0 o / 4-1 @ u o 4-1 \ ƒ \ / / / 0 / 2 0 \ ƒ u } � > ° k k E o e 2 s \ 5 u g//) ¥ 0 u u / E u E 2 a/ ®\ 2 E e g g o\ f 2 E>% E 2 \ \ ° \ u } \ // 2 = 2 ¢ ) g c \ E 0 S/ S / 7 2 c E / E 3 / 0\\ E E 0 t 0f ° \ 0 2 0 0 3 © \ / / / / u cf H bA C ^W SW ^W W E E O V C 00 M 3 3 -0 O (v V t O N N C O -P 5O L M ^ W H 3 C O E O V C) O U O i O O 0 L C:0 N a) N V) L a v N a) v c �' c v v 3 E O O O s 0 s �' O z z z w +' U E — Q 41 O O p E > m m ra O N N aJ 'a O O ) O O O Z Z Z Z Z E Q L O O _d Ln N z C OO 'm O O O O p to Z Z Z Z m 41 O 4- r �= Q Q O O O O m O C U O v a, �n — c N 00 o O O c } } } z z z U mai ai y z z z ai } C co a) c '} o o L c Oa) > c a) a) a) ra 4- o +- s a) MC = aj w a) oa) U Q in L p 4D l6 Q L t�: i (6 Q a) +' o Q O .0 a--� N O ca (6 + r6 Q- + n — L p 4J C 0 0 0 E a1 O O p a �n O E 4- L a) 3 � O O X 0 dJ E a1 ra p ra 4J U a) a) L in 41 c6 = to Z3 L (6 4' [6 p C: aQJ O> O Q M @ i O •v E v a1 � a) � t — M O +� 4.1 cn L >- O00 O L p � a) O 3 cb � +' o° O ° m E vi O L v O v O} 41 O> 3 Q aJ p0 to v @ bA w O U ca ai 4--, s L ate- ) a) d 4. L L bA U i 'a..+ (6 (O E � O OU a-.+ +J co N a) v V) a) C a) QJ O � O L +� 'L O >, L u E 'O a-, ai 0 O— CD ma E O } n a) a) a) @ o E v �' a) O O t� O C E> +' � co O � 7 +� c E +J L U U ca E O p p 4ml@ +� 7 4- v E m a) a) 4 a) a1 p c Q +' U 'N vOi i O a) } +� f6 N �..� O E a) Q N L N cd V1 +-+ .� 0 +-, X ro h0 O p p C6 4-+ C} L L O L in C o O c a) cu bA c 0 0 0 +' 0 0 0 o a, O v 4- E 3 ,bo LC C to O E c L o nn v cu L mr— Z3 L > N O O 6_ a) N a1 a1 Q - a) 4ml Q > 'L N vOi vOi L E {n {n L E �n L E L bA Q O� O Q D O. Q Q a) +� v a) N H GAO v aJ O c 0 v O C Z C O O 0 O C bA Q 0 O � u C U C p L U +- C L �' a) C = X O O O a) •> L 0 i a) Q d d d d d d C) O U O i O O LH�^ b.0 r_ ^W SW ^W W E E O V C m M 3 3 -0 O V t � N N C O -P O 2 M w H 3 O E O V c a) C v � .o U E v c � o E N C z E fl c `° > o C C +, -a 3 o 4-1 o o Q N u= v Z Z C N on L CLC L — a \ m z Z o z o z a z a, E m O C U O v a, O U i O O a z z z C o a) v s s Y O bn C v O a)O a) Fm _a l]A C m O a) O i O C E E > +,Ln tO CL U 0 U n ate) L (� O L a: 4-f�+ c 0 o o — v O v o Q L j @ a) a s +- U m t +1 ca O L N +1 O `L° v c� s o tw v u v +- O a) s v 4m a) +� aJ v M s s +� d CL E ._^ nncuE s �... 3 v O+� � +, o p s a) C o E a) E L, c O v D u Q ° D v +- Q. a) C � � v E c O 0 C L }, p a) Q Ln 3 O u a) (na1 c a Staff Report J IKgc.;i' r� R Development Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 14, 2025 SUBMITTED BY: Barry Cronkite, Director, Transportation Services, 519-741-2200 ext. 7738 PREPARED BY: Aaron McCrimmon-Jones, Manager, Transportation Safety & Policy 519-783-8964 Connor Payne, Project Manager, Transportation Safety 519-783-8966 WARD(S) INVOLVED: All Wards (1-10) DATE OF REPORT: March 28, 2025 REPORT NO.: DSD -2025-040 SUBJECT: Vision Zero Annual Update - 2025 RECOMMENDATION: That staff be directed to implement the proposed 2025 safety improvements as outlined in Attachment A (Vision Zero 2025 Safety Improvements) of report DSD -2025- 040 to support implementation of the Vision Zero Strategy; and, That an All -Way Stop be installed at the intersection of Fairfield Avenue and St Leger Street; and, That a Pedestrian Crossover (PXO) Level 2, Type B be installed on East Avenue at Borden Street (in front of the Kitchener Auditorium); and, That stopping be prohibited at any time 15 metres from each PXO crossing at each approach, and ten (10) metres immediately following each PXO crossing; and further, That the Uniform Traffic Bylaw be amended accordingly REPORT HIGHLIGHTS: • The purpose of this report is to provide a comprehensive update on the progress of the City of Kitchener's Vision Zero Strategy. It includes an overview of 2024 accomplishments and recommended action items for 2025, as summarized in Attachment A to DSD -2025-040 Vision Zero 2025 Safety Improvements. • The key finding of this report is that in 2024, the City of Kitchener made progress towards the goal of eliminating serious injury and fatal collisions on Kitchener streets through the implementation of the planned 2024 action items in the five categories of Evaluation, Engineering, Education, Engagement and Enforcement. As approved by *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 82 of 126 Council and described in staff report DSD -2021-210, the Vision Zero Strategy action items are funded through reallocation of the existing Formal Traffic Calming budget. • Community engagement and education included a high-risk driving media campaign that received over 8 million impressions (excluding radio), a dedicated Vision Zero Engage page for ongoing feedback from Kitchener residents, project boards to update residents on upcoming street safety improvements, advisory committee consultation, and a Vision Zero webpage and dashboard. The dashboard is an essential tool to track and communicate progress towards the goal of zero traffic fatalities and serious injuries. • This report supports the delivery of the Strategic Plan action item "Building a Connected City Together" through implementing a "Localized Transportation Safety Improvement Program". EXECUTIVE SUMMARY: The City of Kitchener's Vision Zero Strategy is a street safety plan with the long-term objective of eliminating all severe injuries and fatalities on City of Kitchener streets. This plan focuses on evaluating the street network and addressing the key contributing factors to serious injury and fatal collisions by focusing on three emphasis areas including vulnerable street users, high risk locations, and high-risk driving. This report provides an update on the progress made towards achieving the goals in 2024 and planned actions for 2025. Statistics indicate that there has been a declining trend in collisions that result in injuries or fatalities since 2018. Zero (0) fatalities occurred on City of Kitchener streets in 2022, 2023, and 2024. However, analysis continues to show that pedestrians and cyclists are disproportionally represented in collisions that result in a serious injury or fatality, with aggressive and inattentive driving being a significant contributing factor to these collisions. To address these issues, initiatives are being implemented to prioritize vulnerable street user's safety, increase traffic calming measures, and educate drivers on safe driving practices. Progress completed toward these initiatives in 2024 are as follows: • Evaluation —The City has continued its partnership with the University of Waterloo for data analytics. The City, in collaboration with the University of Waterloo, adopted a proactive and systematic approach to predict the highest risk locations for severe collisions. This work prioritizes the highest risk locations for hot spot improvements. Staff complete follow up data collection to evaluate the effectiveness of hot spot improvements each year. • Engineering - Staff conducted a comprehensive analysis on the hot spot locations that pose a higher risk for serious injury and fatal collisions and implemented physical measures to enhance safety. In 2024 this included 400 meters of sidewalk infill, four pedestrian crossovers, three pedestrian refuge islands, one intersection improvement location, 26 speed humps / speed cushions and the expansion of the season traffic calming program to include 40 additional seasonal narrowing's and 10 solar powered speed advisory signs. • Education - Kitchener launched a high-risk driving education campaign through a collaborative effort with WRPS, Region of Waterloo Public Health, and City of Waterloo. The campaign targets high-risk driving behaviours that contribute to traffic - related serious injuries and fatalities. The campaign received over 8 million impressions across a range of platforms including television, digital promotions, Page 83 of 126 social media campaigns, YouTube and Google. Staff also (in collaboration with Student Transportation Services of Waterloo Region) delivered the Sidewalk Smarts Program to seven (7) Kitchener schools in January and February 2025. • Engagement — Staff continue to manage and promote the Vision Zero webpage and Engage page to provide up-to-date information and ongoing public engagement. In March 2025 staff presented Attachment A of this report to the Active Transportation & Trails Advisory Committee who unanimously approved and stated "That ATTAC is pleased and supportive of the safety improvements being proposed by staff in the Vision Zero update report". • Enforcement - The Selective Traffic Enforcement Program (STEP) team continues to meet on a quarterly basis to identify areas of concern for targeted enforcement through a more data driven approach. Through the STEP partnership, WRPS issued 180 targeted Highway Traffic Act charges in 2024 on City of Kitchener streets. BACKGROUND: Vision Zero is a safety strategy with the objective of eliminating all severe injuries and fatalities on City of Kitchener streets, premised on the belief that these incidents are preventable, and that safety must be the foremost priority. It emphasizes the need for a sustained, multifaceted approach to reduce collision -contributing factors and calls for continuous improvement in the city's approach to street safety, highlighting the collective responsibility of all users. In December 2021, Kitchener Council adopted the City of Kitchener's Vision Zero Strategy, a four-year plan focused on analyzing the street network to address the root causes of serious injuries and fatalities through the five categories of evaluation, engineering, education, engagement, and enforcement. It is important to recognize that the goals of Vision Zero is a long-term endeavor that requires ongoing commitment and resources. The strategy involves detailed data analysis to identify trends, main causes of serious injuries, and fatal collisions, focusing on protecting vulnerable users, high-risk locations, and dangerous driving behaviors. Action items are identified based on data, community feedback, and best practices. For an in-depth look at the City of Kitchener's Vision Zero Strategy, refer to staff report DSD -2021-210 and City of Kitchener Vision Zero Strategy 2022-2025 (Kitchener.ca/Vis ionZero). REPORT: This report provides an update on the progress of the City of Kitchener's Vision Zero Strategy. This includes an overview of the collisions on Kitchener streets over a five-year period (2019 to 2023) as well as a summary of the progress made in 2024. This report also summarizes the planned action items for 2025. Collision Analysis Overview An analysis of historical collision data from 2019-2023 was conducted to identify trends in collisions resulting in injuries and fatalities. 2024 collision data analysis has not been included as the complete 2024 data set will not be fully available until end of Q2, 2025. Collision data analysis was focused on collisions that have occurred on the streets under the jurisdiction of the City of Kitchener. For information, of the approximate 2,220 lane -km of roads and streets within the City of Kitchener boundary, roughly 1,600 lane -km are under the jurisdiction of the City of Kitchener, 500 lane -km are under the jurisdiction of the Region Page 84 of 126 of Waterloo, and 150 lane -km are under the jurisdiction of the Ontario Ministry of Transportation. Graph 1 (below) illustrates the total number of collisions on Kitchener streets from 2019 to 2023 and shows a declining trend in collisions, injuries and fatalities. It should be noted that 2020 and 2021 collision data may be impacted by changing travel patterns during the COVID-19 pandemic influenced by lockdowns, social distancing, and travel restrictions. 1..600 11.495 1.400 1..200 1..000 800 600 400 1„1II” iwl p Ih I Cdi s III � � III"� III Ir II -i i J 5 by S ev e IIrft(2. ( III 1.. 8 ? 0 .?. 988 826 777 859 2.00 119 83 81. 1103 59 C) 201..0 2020 2021. 2022 2023 P ID O I:::<a t a l ffies Graph 2 illustrates the trend of the collisions that have resulted in injuries and fatalities by street user type. Like the data in Graph 1, a declining trend is observed for all street user types. However, 2020 and 2021 collision data may be impacted by changing travel patterns during the COVID-19 pandemic. Page 85 of 126 2019 2020 2021 2022 2023 PDO (property 1496 826 777 988 859 damage only) Injury 119 83 81 103 59 Fatality 0 1 2 0 0 Total 1615 910 860 1091 918 Collisions Graph 2 illustrates the trend of the collisions that have resulted in injuries and fatalities by street user type. Like the data in Graph 1, a declining trend is observed for all street user types. However, 2020 and 2021 collision data may be impacted by changing travel patterns during the COVID-19 pandemic. Page 85 of 126 1.40 1.20 '100 80 rQ 40 20 Graph 2.........i...irend of Ilnjuiry and Fatality Collisions I y IRoad Neer (261 .....202.3) 2.01.9 2020 2021.. 2022 2023 IIIIIIIIII PJlotoirist 11111111111 Viot:orcylle 11111 Pedestrian 1111111111ICyclfst Analysis has been conducted on the collisions that have resulted in injuries or fatalities to identify the most common factors in the occurrence of these collisions. The data shows that: In 2022, 2023 and 2024 there were zero (0) fatalities on City of Kitchener municipal streets. 34% of the collisions that have resulted in injuries include a pedestrian or a cyclist while only accounting for 4% of the total collisions. This reinforces the statement that pedestrians and cyclists are at a disproportionately higher risk of being involved in collisions resulting in serious injuries or fatalities, which continues to highlight the need to prioritize safety measures for vulnerable street users. In 53% of the injury and fatal collisions, the driver was driving aggressively, and in 61% of the injury and fatal collisions the driver was inattentive. Aggressive driving behavior includes speeding, following too closely, passing improperly, failing to yield right of way, and disobeying traffic controls. This finding shows that aggressive and inattentive driving behaviors are a significant contributing factor in a large majority of injury and fatal collisions. Therefore, mitigating these behaviors should be a priority in reducing the number of injuries and fatalities on Kitchener streets. In 27% of the injury and fatal collisions, the surface was wet because of rainy, snowy, or icy weather conditions. These conditions can reduce visibility, increase stopping distance and make it more challenging for drivers to maintain control of their vehicles. This suggests that in addition to winter road maintenance, drivers need to exercise extra caution when driving on wet surfaces and adjust their driving behavior according to the weather condition. Initiatives to educate drivers on Page 86 of 126 2019 2020 2021 2022 2023 Motorist 81 50 47 73 55 Motorcycle 3 1 7 3 1 Pedestrian 28 24 15 18 2 Cyclist 7 9 11 7 1 Analysis has been conducted on the collisions that have resulted in injuries or fatalities to identify the most common factors in the occurrence of these collisions. The data shows that: In 2022, 2023 and 2024 there were zero (0) fatalities on City of Kitchener municipal streets. 34% of the collisions that have resulted in injuries include a pedestrian or a cyclist while only accounting for 4% of the total collisions. This reinforces the statement that pedestrians and cyclists are at a disproportionately higher risk of being involved in collisions resulting in serious injuries or fatalities, which continues to highlight the need to prioritize safety measures for vulnerable street users. In 53% of the injury and fatal collisions, the driver was driving aggressively, and in 61% of the injury and fatal collisions the driver was inattentive. Aggressive driving behavior includes speeding, following too closely, passing improperly, failing to yield right of way, and disobeying traffic controls. This finding shows that aggressive and inattentive driving behaviors are a significant contributing factor in a large majority of injury and fatal collisions. Therefore, mitigating these behaviors should be a priority in reducing the number of injuries and fatalities on Kitchener streets. In 27% of the injury and fatal collisions, the surface was wet because of rainy, snowy, or icy weather conditions. These conditions can reduce visibility, increase stopping distance and make it more challenging for drivers to maintain control of their vehicles. This suggests that in addition to winter road maintenance, drivers need to exercise extra caution when driving on wet surfaces and adjust their driving behavior according to the weather condition. Initiatives to educate drivers on Page 86 of 126 safe driving practices in weather conditions can help raise awareness about these challenges. In 62% of the injury and fatal collisions among pedestrians, the pedestrian was crossing the street legally and with right of way. This suggests that existing infrastructure and driver behavior are not adequate to ensure pedestrian safety, even when pedestrians are following the rules. Designing streets that prioritize pedestrian safety, implementing traffic calming measures, and educating drivers are some of the strategies being implemented to help address this issue. 2024 Progress & 2025 Action Items A summary of these action items is provided below. Evaluation The evaluation category includes action items related to collecting and analyzing traffic and collision data to assess the safety of the existing street network, identifying safety gaps and opportunities, and tracking progress towards the goal of eliminating traffic related serious injuries and fatalities. Evaluation is a critical step in ensuring that resources are being utilized effectively, and decisions are based on available data. Network Screening Network screening continues through the collaboration that was established with the University of Waterloo. A systematic approach continues to be deployed to identify and help predict locations with high collision risk, or "hot spots," using multiple factors such as site characteristics, traffic volumes, speeds, and historical collisions. Utilizing this model, staff have identified locations for safety improvements in 2025. Location and descriptions of these proposed improvements are outlined the Engineering section of this report, and in Section 1 of Attachment A - Vision Zero 2024 Safety Improvements. Surrogate Safety Measure Data Collection Staff installed lidar devices in partnership with Velodyne Lidar in 2022 and 2023 to better understand the safety issues at these locations. The lidar devices used laser technology to measure the distance between objects and provide detailed data on vehicle movements. This technology enabled staff to collect conflict information, including near misses and potential collisions which are not typically captured in traditional collision data. By analyzing this data in collaboration with the University of Waterloo, staff gained more insight into how to improve safety at these high-risk locations. This enabled staff to conduct a before -after study on the improvements made at the intersection of Queen's Blvd and Spadina Rd in 2023 which showed a 20% improvement in the number of near misses at this intersection. Staff used this data in 2024 to make changes at the intersection of Strasburg Rd and Old Country Dr which was identified as having a high rate of near miss collisions and a high collision rate. These changes included narrowing the street, removing dedicated left turn lanes and decreasing crossing distances for pedestrians while simplifying intersection operation. Hot Spot Evaluation In 2024, staff collected follow up traffic data along streets that received hot spot improvements in 2023. This data shows that the 2023 hot spot improvements resulted in an Page 87 of 126 average decrease in the 85th percentile speed of 8.2km/h. Staff will continue to collect before and after data at hot spot locations to evaluate the effectiveness of these measures, but the data proves that the current hot spot improvement process has been effective. Engineering The engineering category includes action items related to the design and physical improvements of transportation infrastructure to reduce the likelihood of serious injury and fatal collisions. In 2024 Hot Spot Improvements and sidewalk infill was installed at dozens of locations throughout the City including: 400 meters of sidewalk infill, four pedestrian crossovers, three pedestrian refuge island, one intersection improvement location, and 26 speed humps / speed cushions and the expansion of the season traffic calming program to include 40 additional seasonal narrowing's, and 10 solar powered speed advisory signs. In 2025, new Hot Spot Improvement locations have been identified through data driven analysis. The proposed program, subject to Council approval, includes 34 individual measures as summarized in Attachment A, includes 30 raised traffic calming measures, one (1) pedestrian refuge island, one (1) pedestrian crossover (PXO) location, one (1) all way stop, and one (1) intersection pavement marking upgrade. Other safety improvements include approximately 500 meters of sidewalk/multi use trail infill, and the continued application of the Seasonal Traffic Calming program, which includes seasonal flex signs at 18 locations (10 singles and 8 narrowing's) per ward, and 1 radar feedback board per ward. In addition to the measures above, complete streets design standards are being implemented on 15 streets through reconstruction projects in 2025. Complete Streets design standards include narrowed pavement width, smaller turning radii at intersections, shorter crossing distances for pedestrians, separated cycling infrastructure, as well as wider boulevards and sidewalks. The recommended 2025 improvements are summarized and included in Sections 1 through 4 in Attachment A — 2025 Vision Zero Safety Improvements. Traffic Control Installation Staff are proposing one new PXO and one new All way stop installation in 2025 (warrant information included in Attachment B — Traffic Control Warrant Summaries & Key Maps) at the following locations: PXO Type B East Ave at Borden Ave in front of the Kitchener Auditorium. This will include overhead mast arms with PXO signage and flashing beacons. All way Stop at the intersection of Fairfield Ave and St Leger St Warrant information including traffic data, pedestrian data, summary of pedestrian studies, engineering justification, and key maps for the proposed PXO location can be found in Attachment B — Traffic Control Warrant Summaries & Key Maps Seasonal Traffic Calming In 2018, Transportation Services launched a Seasonal Traffic Calming program that included installing approximately 40 flexible delineators and five (5) battery powered speed advisory signs throughout The City. The program has regularly been expanded and met with widespread acceptance from the community resulting in more requests. Page 88 of 126 In 2024, the Seasonal Traffic Calming program was again expanded as approved in the 2024 budget cycle. The expansion included an additional four (4) seasonal narrowings per ward and one (1) semi permanent, solar powered speed advisory sign per ward. Each seasonal narrowing requires three signs, for a total of an additional 120 signs. In 2025, each ward will receive a total of 34 in -road flex signs which includes 10 single locations and 8 seasonal narrowing locations, for a total of 340 signs across all wards. Additionally, each ward will maintain a semi permanent, solar powered speed advisory sign. Planning and design for the 2025 program is complete, and Roads and Traffic staff are in the process of completing installation work. Education Educational campaigns are a critical component of a Vision Zero program. The purpose of these campaigns is to raise awareness among street users about safe street behaviors and the importance of following traffic rules. Advancements made in the education category are summarized in this section. High Risk Driving Education Campaign Kitchener launched an educational campaign in 2023 focused on high-risk driving behaviors through a collaborative effort between the City of Kitchener, City of Waterloo, WRPS and Region of Waterloo Public Health. The purpose of this campaign was to raise awareness among street users about the dangers of high-risk driving behaviors and to promote safe driving habits. The campaign aimed to educate the public about Vision Zero and the importance of achieving zero traffic fatalities and serious injuries in our community. The messaging underscored the fact that traffic collisions are not random occurrences, but rather preventable causes that can be averted with the adoption of proactive measures and education. By emphasizing the preventable nature of these incidents, the campaign helps to foster a sense of shared responsibility among all stakeholders to work towards achieving the Vision Zero goal. Vision Zero 2024 campaign summary Two separate campaigns ran in 2024 from June -August and then again in November. The campaign includes four (4) distinct videos which focus on different aspects of Vision Zero and are used interchangeably throughout the year. A significant focus of the digital campaign was `display' ads, where videos are embedded via Google's ad network on various websites. This option helps to reach audiences who do not engage with The City's social media platforms directly. In 2024, there was a significant increase in the number of television ad placements received through CTV — the number of ads that ran relative to the cost of the ad buy makes this a cost-effective option to reach Kitchener residents who may not be as digitally engaged. Radio was also incorporated into the fall 2024 campaign — a significant number of radio spots ran throughout this period on Dave FM and The Beat. Page 89 of 126 Research from the Ministry of Transportation suggests that the majority of Kitchener residents can be reached through a combination of social media and targeted web applications. This research also suggests that by layering television and radio outreach into the campaign, we may reach more than 90% of residents through the various platforms. As a result, the spring campaign launching in April 2025 will follow a similar approach of the fall 2024 campaign. Summer 2024 campaign impressions: • Meta (Facebook/Instagram) ads - 45,175 • YouTube ads - 79,065 • Display ads (YouTube) - 15,661 • YouTube ads — 83,484 • Display ads (all videos) - 709,753 • CTV Television commercials — 3,029,420 Fall '24 campaign impressions: • Meta (Facebook/Instagram) ads - 59,636 • YouTube ads - 182,116 • Display ads (all videos) - 727,121 • Radio ads (15 seconds) - 334 placements • CTV Television commercials — 3,168,700 Total impressions: 8,100,131 (plus radio) Active Transportation Education Campaign The City has been actively promoting active transportation through various educational programs to help navigate cyclists through the safest and most convenient routes. The City has also been regularly distributing a monthly e -newsletter to provide updates on on-going cycling projects and new cycling facilities to promote cycling and educate all street users on best practices. In 2024, staff collaborated with The City of Waterloo to promote an educational video for the proper use of pedestrian crossovers (PXO). The primary objective of the video is to educate all users on the function and design of pedestrian crossovers as well as legal responsibility for drivers to yield to pedestrians. Additionally, in 2024, the City of Kitchener launched an e -scooter safety campaign in collaboration with program partners. The resulting campaign targeted e -scooter riders between 18-24 years of age, with the goal of promoting safe behaviours among e -scooter riders and increased awareness of applicable laws and consequences. The key messages encouraged users to wear a helmet, ride sober, avoid riding or parking on the sidewalk, and avoid tandem riding. The campaign utilized social media posts, ION and bus shelter posters, magnets for distribution at events, and posters. School Children Educational Programs Student Transportation Services of Waterloo Region (STSWR) manages dedicated programs that educate students and families on pedestrian skills and traffic awareness in school zones. These programs cover different types of environments, such as crossing in roundabouts, and are delivered through various models. Page 90 of 126 In early 2025, Sidewalk Smarts training was delivered to seven (7) Kitchener schools and included over 750 students in 32 classes. Sidewalk Smarts is a pedestrian skills training program that prepares children transitioning from primary to junior grades to safely walk to school and other destinations in their community. The program identifies the benefits and risks of walking and helps children build an understanding of and navigate the transportation network and traffic laws. Schools were selected for the program using STSWR data, as well as Waterloo Region Public Health data. Public Health data helped identify communities whose residents were most impacted by collisions. A Vision Zero Skill Sheet has also been developed to highlight the importance of safe driving in school zones for parents. This skills sheet has guidance for safe, predictable driving behaviors for parents and offers safety tips for children walking, rolling and crossing the street on their way to school. STSWR and City of Kitchener are in the process of distributing this resource to Kitchener schools. This skills sheet has been attached to the report as Appendix C. Engagement Engagement is critical to the success of a Vision Zero program by fostering community ownership and involvement in improving street safety and providing ongoing opportunities for resident feedback. Vision Zero Webpage and Dashboard: Kitchener. ca/VisionZero The Vision Zero Dashboard is an essential tool for tracking and communicating progress towards the goal of zero traffic fatalities and zero serious injuries. The platform provides information to residents including collision statistics and progress updates on the action items of the Vision Zero Strategy. The Vision Zero webpage, and the Vision Zero Engage page provide tools to engage and inform the public about the Vision Zero Strategy and its progress on an ongoing basis. The Vision Zero webpage is designed to educate the public about the importance of safe transportation practices to achieve zero fatalities and zero serious injuries. The Vision Zero Engage page provides an opportunity for residents to provide feedback and share their ideas for making Kitchener's streets safer for everyone. Active Transportation and Trail Advisory Committee A sub -committee of the Active Transportation and Trail Advisory Committee (ATTAC) was established to provide community perspective on street safety policies, programs, and strategies. This sub -committee serves to advise staff on street safety issues, act as an advocate for street safety in the city and promote public awareness of street safety initiatives and the Vision Zero Strategy. In March 2025, staff presented Attachment A of this report to the Active Transportation & Trails Advisory Committee who unanimously approved "that the committee is pleased and supportive of the safety improvements being proposed by staff in the Vision Zero update report". In March 2025, staff presented Attachment A of this report to the Active Transportation & Trails Advisory Committee who unanimously approved "that ATTA C is pleased and supportive of the safety improvements being proposed by staff in the Vision Zero update report". Page 91 of 126 Hot Spot Improvement Notification For each location that will receive a hot spot improvement through the 2025 program, staff will install project boards on each street advising the community that changes are coming, along with contact information to get in touch. Furthermore, staff will send letters to homeowners directly adjacent to the planned measures to make them aware of the upcoming safety improvements. Enforcement The purpose of enforcement in Vision Zero is to help ensure that all street users are following traffic rules and deter unsafe behaviors that could lead to collisions. In collaboration with the Region of Waterloo and Waterloo Region Police Service, staff have made improvements to help allocate enforcement resources to the highest -risk locations. Selective Traffic Enforcement Program Selective Traffic Enforcement Program (STEP) is an enforcement initiative that is designed to systematically identify and target high-risk areas based on traffic data including speed, volume, and collision history. The previous approach to the STEP program relied more heavily on traffic complaints from the public. A more data -driven approach is now being used to help WRPS target enforcement where the highest risk driving behaviours are occurring based on network screening and empirical data. To improve collaboration and data sharing, quarterly meetings with WRPS and area municipalities have been re-established to discuss the program's progress and identify new areas of concern for targeted enforcement. STEP members are currently working towards more data driven decision making for enforcement locations by leveraging traffic data and network screening analysis. Through the STEP partnership, and utilizing City of Kitchener traffic data, WRPS issued 180 Highway Traffic Act charges in 2024 on Huron Rd, Zeller Drive, East Ave, Strasburg Rd, Krug St, Lorriane Ave, Westheights Drive, and Stirling Ave. Next Steps Staff will continue to focus on action items initiated in 2022, 2023, and 2024 while adding new objectives in accordance with the Vision Zero action plan approved by Council. Staff will report back to Council in spring of 2026 with a progress update on the accomplishments in 2025. STRATEGIC PLAN ALIGNMENT: This report supports This report supports the delivery of the Strategic Plan action item "Building a Connected City Together" through implementing a "Localized Transportation Safety Improvement Program". FINANCIAL IMPLICATIONS: As approved by Council and outlined in staff report DSD -2021-210, the Vision Zero Strategy action items will be funded through reallocation of existing budget from the 2022-2026 Formal Traffic Calming Budget. This includes approximately $315k allocated to hot spot improvements and $35k for engagement and education campaigns. Page 92 of 126 COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. Project boards were installed throughout The City to notify residents of planned Vision Zero hot spot improvements and options to get in touch with staff. CONSULT — In 2020, 2021 and 2022 staff met with advisory committees including Mayor's Advisory Council for Kitchener Seniors, Kitchener Active Transportation and Trails Advisory Committee, Kitchener Youth Action Council, Grand River Accessibility Advisory Committee, and Safe and Healthy Communities Advisory Committee. Through 2023, 2024 and 2025 Staff continue to meet with the Active Transportation & Trails Advisory Committee (ATTAC). The Vision Zero webpage and the Vision Zero Engage page at Kitchener. ca/VisionZero provide tools to engage and inform the public about the Vision Zero Strategy and its progress, and opportunity to receive resident feedback on an ongoing basis. PREVIOUS REPORTS/AUTHORITIES: 2020: DSD -20-035 Vision Zero Review 2021: DSD -2021-210 Vision Zero Strategy 2023: DSD -2023-152 Vision Zero Strategy Update 2024: DSD -2024-073 Vision Zero Project Update APPROVED BY: Justin Readman, General Manager of Development Services ATTACHMENTS: Attachment A — 2024 Vision Zero Safety Improvements Attachment B — PXO Warrant Summaries & Key Maps Attachment C — Vision Zero School Zone Skills Sheet Page 93 of 126 ATTACHMENT A — 2025 Vision Zero Safety Improvements Section 1. HOT SPOT IMPROVEMENTS Ward Location Proposed Measures Expected Outcome Est. Cost 1.1 1 Natchez Rd between Carson Dr -Install two speed humps - Reduction in operating $17,000 and Halifax Dr (school zone) at the following locations: speeds Natchez approximately - Improve safety for all street 40 meters south of users Carson Dr; Natchez at Matthew Street 1.2 2 Zeller Dr (school zone) -Install a speed cushion - Reduction in operating $8,000 at the following location: speeds Zeller Dr at Lackner - Improve safety for all street Woods Public School users zone 1.3 2 Oldfield Dr between Drumoak PI - Install three speed - Reduction in operating $25,000 and Jadestone Crt cushions at the following speeds locations: - Improve safety for all street Oldfield Dr between users Shaftsbury Dr and Casey Dr; Oldfield Dr at Idlewood trail crossing; Oldfield Dt at approximately 60 meters east of Wendy Cres and 50 meters west of Brierdale Dr 1.4 3 Greenfield Dr between - Install two speed - Reduction in operating Kingsway Dr and Traynor Ave cushions at the following speeds $13,500 locations: - Improve safety for all street Greenfield at east users Greenfield Park; Greenfield at approximately 125 meters south/west of Kingsway Dr 1.5 4 Blair Creek Dr between Pieter - Install four speed - Reduction in operating $30,000 Vos Dr and Doon South Dr cushions at the following speeds locations: - Improve safety for all street Blair Creek Dr at users approximately 55 meters east of Pieter Vos Dr; Blair Creek Dr at approximately 20 meters west of Frontier Dr; Blair Creek Dt at Dodge Park; Blair Creek Dr at approximately 200 meters east of the roundabout at Doon Page 94 of 126 Page 95 of 126 South Dr and Blair Creek Dr 1.6 4 Thomas Slee Dr between - Install four speed - Reduction in operating $30,000 Pinnacle Dr and Rober Ferrie Dr humps at the following speeds (includes future school zone) locations: Thomas Slee - Improve safety for all street Dr at approximately 140 users meters east of Robert Ferrie Dr; Thomas Slee Dr between Blair Creek Dr and Ian Ormston Dr; Thomas Slee Dr at approximately 20 meters east of Autumn Ridge Trail; Thomas Slee Dr at approximately 10 meters east of Pinnacle Drive 1.7 5 Seabrook Dr between Fischer - Install three speed - Reduction in operating $25,000 Hallman Rd and Amand Dr humps at the following speeds (includes school zone) locations: Seabrook Dr - Improve safety for all street between Glenvista Dr users and Appleby St; Seabrook Dr at approximately 20 meters west of Ludolph St; Seabrook Dr at approximately 40 meters east of Park Glen St 1.8 5 Woodbine Ave between Huron -Install two speed - Reduction in operating $14,000 Rd and Sophia Cres cushions at the following speeds locations: Woodbine Ave - Improve safety for all street at approximately 120 users meters north of Rochefort Stand 100 meters south of Maitland St; Woodbine Ave at approximately 20 meters south of Woodbine Crt 1.9 6 Century Hill Dr between -Install two speed humps - Reduction in operating Devonglen Dr and Southwood at the following locations: speeds $19,000 Dr Century Hill Dr at - Improve safety for all street approximately 20 meters users east of Devonglen Dr; Century Hill Dr at approximately 120 meters west of Southwood Dr 1.10 6 The Country Way between -Install two speed humps - Reduction in operating $19,000 Spring Hill Dr and Erinbrook Dr at the following locations: speeds (school zone) The Country Way at - Improve safety for all street Cardinal -Leger Catholic users Elementary school zone; Page 95 of 126 Page 96 of 126 The Country Way at Blessed Sacrament Catholic Elementary school zone 1.11 7 Westforest Trail between -Install two speed - Reduction in operating $17,000 Westmeadow Dr and Victoria St cushions at the following speeds locations: Westforest - Improve safety for all street Trail at the trail entrance users between Hidden Creek Dr and Westmeadow Dr; Westforest Trail at approximately 150 meters south of Victoria St 1.12 7 Westheights Dr at McGarry Dr Upgrade existing -Enhance driver awareness $7,000 crosswalk to ladder at the school crossing / all - crosswalk on all legs ay -stop -Improve stop compliance and edestrian safety 1.138 Brybeck Cres between -Install three speed - Reduction in operating $26,000 Westmount Rd and Karn St humps at the following speeds locations: - Improve safety for all street Brybeck Cres at users approximately 550 meters east of Westmount Rd; Brybeck Cres at approximately 370 meters east of Westmount Rd; Brybeck Cres at approximately 180 meters east of Westmount Rd 1.14 9 Stirling Ave -Install a pedestrian -Improve safety for $12,000 refuge island on Stirling pedestrians crossing Stirling Ave at the Cameron Ave near Cameron Heights Heights school entrance Cl Section 2. New Traffic Controls — PXO and All Way Stop Ward Location Proposed Measures Expected Outcome Est. Cost 2.1 10 East Avenue at Borden Ave (at PXO Type B -Provides a protected $40,000 the Kitchener Auditorium) crossing for pedestrians accessing the Kitchener Auditorium and enhances existing school crossing location 2.2 10 Fairfield Ave at St Leger St All Way Stop -Improves traffic and $1,000 pedestrian safety -Addresses sightline concerns and intersection functionality Page 96 of 126 Section 3. COMPLETE STREETS RECONSTRUCTION PROJECTS Ward Location Proposed Measures Expected Outcome Est. Cost 3.1 2 Broadview Ave from -Narrowed pavement - Reduction in operating Funded by Expressway to Prospect Ave widths, smaller turning speeds Engineering radii, and wider - Improve safety for all street Capital boulevards users Account 3.2 3 Connaught St from Traynor to -Narrowed pavement - Reduction in operating Funded by Ninth widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital and sidewalks users Account 3.3 8 Westwood Drive from Westwood -Narrowed pavement - Reduction in operating Funded by Cres to Glasgow St widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital and sidewalks users Account 3.4 8 Carlton St -Narrowed pavement - Reduction in operating Funded by widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital users Account 3.5 8 Metzloff Dr from Belmont Ave to -Narrowed pavement - Reduction in operating Funded by Montrose Ave widths, continuous speeds Engineering sidewalks, smaller - Improve safety for all street Capital turning radii, wider users Account boulevards 3.6 8 Montrose Ave -Narrowed pavement - Reduction in operating Funded by widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital users Account 3.7 9 Burn Place -Narrowed pavement Funded by widths, smaller turning - Improve safety for all street Engineering radii, continuous users Capital sidewalks Account 3.8 9 Olympic Dr -Narrowed pavement - Reduction in operating Funded by widths, smaller turning speeds Engineering radii, continuous - Improve safety for all street Capital sidewalks, wider users Account boulevards 3.9 9/10 King St E from Ottawa St to -Narrowed pavement - Reduction in operating Funded by Striling Ave widths, smaller turning speeds Engineering radii, continuous - Improve safety for all street Capital sidewalks, separated users Account cycling facilities 3.10 10 Johnston St -Narrowed pavement - Reduction in operating Funded by widths, smaller turning speeds Engineering radii, continuous - Improve safety for all street Capital sidewalks, wider users Account boulevards and sidewalks 3.11 10 Patrick Street -Narrowed pavement - Reduction in operating Funded by widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital and sidewalks users Account Page 97 of 126 3.12 10 Wellington St N from Lancaster -Continuous sidewalks, - Reduction in operating Funded by St to Spring Valley Road smaller turning radii, speeds Engineering separated cycling - Improve safety for all street Capital facilities users Account 3.13 10 Chapel Street from East Ave to -Narrowed pavement - Reduction in operating Funded by Dumfries Ave widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital and sidewalks users Account 3.14 10 Melrose Ave from Chapel St to -Narrowed pavement - Reduction in operating Funded by Krug St widths, smaller turning speeds Engineering radii, wider boulevards - Improve safety for all street Capital and sidewalks users Account 3.15 10 Sheridan Crt -Narrowed pavement - Improve safety for all Funded by widths, smaller turning street users Engineering radii Capital Account Section 4. SIDEWALK / MULTIUSE TRAIL INFILL Ward Location Proposed Measures Expected Outcome Est. Cost 4.1 1 Keewatin Ave Approximately 90m of Connect Sidewalk on the Funded by sidewalk infill. North side of Keewatin Ave Engineering to Lackner Blvd and existing Capital trails stem Account 4.2 6 Howe Dr Approximately 25m of Connect sidewalks on Howe Funded by sidewalk infill Drive Engineering Capital Account 4.3 3 Wabanaki Approximately 400m of Connect the existing trail Funded by boulevard multi use trail network in the Schneider Engineering Creek Manitou Greenway to Capital the boulevard multi use trail Account system on Wilson Avenue Page 98 of 126 ATTACHMENT B — Traffic Control Summaries & Key Maps SECTION 1: PXO Type B - East Ave at Borden Ave Data collected from a pedestrian study conducted on November 18th, 2021, was used to determine if a PXO was warranted. In addition to the pedestrian study, vehicle volume was determined using an Automatic Data Recorder installed for approximately one week from June 22, 2023, to June 28, 2023. The results of these studies are shown in Table 1 below, and the warrant summary for the proposed PXO on East Ave at the Borden Ave N is shown in Table 2 below: Table 1 — Vehicle and Pedestrian Volumes: East Ave 24-hour average traffic volume June 22—June 28, 2023 2975 vehicles Maximum 8 -hour traffic volume November 18th, 2021 2230 vehicles Number of Pedestrian Crossings (8 hour) Thursday, Nov18, 2021 329 pedestrians Table 2 - Level 2 Pedestrian Crossover Warrant Summary: East Ave at Borden Ave E Warrant Justification Required Actual Conditions Value Value Satisfied? 1. 8 -hour Pedestrian Volume at > 100 peds 329 YES sed crossover location a Level 2 2 8 -hour Two -Way Vehicle Min 1185 Pedestrian Volume Max 2250 2230 YES Crossover 3. Distance from Nearest > 200 250 YES Controlled Crossing meters Page 99 of 126 SECTION 2: All -Way Stop — Fairfield Ave & St Leger St A traffic study was conducted for the intersection of Fairfield Ave & St Leger St on November 21, 2024. The results of the study were compared to the City of Kitchener's all -way stop warrant requirements. These requirements are a set of guidelines based on the all -way stop warrants established by the Ministry of Transportation of Ontario and the Institute of Transportation Engineers. The results are as follows: Warrant — Local/Minor Road All -Way Stop Warrant Analysis Fairfield Ave & St Leger St Warrant Factors - "4 -Leg" Intersection Results Warrant Met The total vehicle volume on all intersection approaches exceeds Meets 5 of 8 YES 200 vehicles per hour for each of the hours highest four hours of the day and The combined vehicle and pedestrian volume on the minor street exceeds 75 units per hour (all vehicles plus 123 Avg YES pedestrians wishing to enter the intersection) for each of the same four hours as the total volume and The volume split does not exceed 70% / 30% for a four-way control on the major 53%/47% YES road, or Collisions within a 12 month period averaged over 36 consecutive months 0.33 per year NO susceptible to correction by an All Way (Warrant Value=4) Stop All -Way Stop Warranted YES As the results above indicate, the intersection of Fairfield Ave & St Leger St warrants installation of all -way stop control. Based on the results of the traffic study, Transportation Services is recommending that an all -way stop be installed at the intersection of Fairfield Ave & St Leger St Page 100 of 126 KEY MAP — Fairfield Ave & St Leger St 0 Proposed new AIL -way Stop signage 0 Proposed modified regular Stop signage to AR -way Stop Page 101 of 126 1 I. Many neighbourhoods are connected with safe routes to school, making it the safest option for many. If your kids are old enough to walk to school on their own, avoid the busy drop-off zone. Even if they can't walk all the way, park a few blocks away for a shorter walk to school. S LOIN DO Studies show t eding during an . average trip ty store or school saves you less than a minute of time. That's not worth a severe collision or someone's life. LLAVE, SAC Leaving a buffer of space between you and the next vehicle will give you more time to stop for the unexpected and better lines of vision to see small children. U -TURN -S congestion and busy environm to make a u -turn to save ately, these u -turns riding to traffic �i, df�ngerous in OBEY' THE LAW'L School zones are clearly marked and M most do not allow parking or stopping so that children can better see to cross 10 the street and to leave room for school vehicles; those markings should be respected. Especially when running late, it might seem like a quick and easy solution. But one illegal park tends to encourage others to do t,,, Mme, quickly expanding the scope of stion beyond the drop-off area designeet�t handle it. School zones have a limit of 30km/h - don't risk a ticket. it IG: r ALR buddy .walk with a • stay�,,he sidewalk •look for white reversing lights on car backing out of thei rtlriveways • face"traffic;"when there s no sidewalk •stay on the right side of a multiuse path , „r R ■ASSI... GTHEa Waff G C R� • stop, look, listen, and think; make your own • look left, right, left AND blind before decisions about safety crossing guard, at a stop sign, • ensure vehicles, are slowing or coming to a • cross with a;� sing g stop before entering the road or a traffic/ j hen possible ��O' if.you can't see them, • cross calmly and at a steady pace, not you look for t} f suddenly they can MINE W H CYCLINU: f, • map ytrroute with your caregivers using • wear a helmet f the Cifiy of Kitchener bike map slow dowrine pedestrians • walk y,0/ui bike through crosswalks and ;use, 'your/ 11,' horn �r voice to give friendly cr sYng guard, ocations noff � h using �c strians Ar drivers Staff Report J K� R Community Services Department www.kitchener.ca REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: April 14, 2025 SUBMITTED BY: Gloria MacNeil, Director, Bylaw Enforcement, 519-783-8516 PREPARED BY: Helen Fylactou, Manager, Enforcement, 519-783-8511 WARD(S) INVOLVED: All DATE OF REPORT: February 5, 2025 REPORT NO.: CSD -2025-052 SUBJECT: Fireworks Review RECOMMENDATION: That the Fireworks and Firecrackers By-law be amended to prohibit the sale of Fireworks within the city of Kitchener starting January 2026, as outlined in Community Services Department report CSD -2025-052; and, That the increased regulations governing the permitted times for setting off fireworks, be approved, as proposed in Report CSD -2025-052; and, That the proposed by-law attached to Report CSD -2025-052, to repeal and replace the existing Fireworks and Firecrackers By-law (Chapter 739), as noted in Appendix A, be approved, and that the Clerk be authorized to update Chapter 739 (Fireworks and Firecrackers) of the City of Kitchener Municipal Code to reflect the proposed changes; and further, That the Administrative Penalty By-law Fines for Firework attached to Report CSD -2025- 052, be approved. REPORT HIGHLIGHTS: • The purpose of this report is to provide Council with findings from the Fireworks and Firecracker By-law review, as directed by Council in September 2024, and to recommend amendments to further regulate the sale and use of fireworks. • Input was gathered from 18 municipalities and through a public survey across the Region • Public survey showed strong support for stricter regulations • Limit the sales of fireworks to begin January 2026 • Reduce the hours permitted to set-off fireworks *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 104 of 126 BACKGROUND: In 2023, Council amended the Fireworks and Firecrackers By-law to improve enforcement by consolidating multiple regulations and updating provisions, including reducing the number of days fireworks could be set off from 3 days surrounding the holiday, to just on the actual holiday. Currently, Kitchener permits fireworks on 3 holidays of the year: Victoria Day, Canada Day, and Diwali. Kitchener's existing regulations on the use of fireworks are the most restrictive of any of the municipalities or townships in Waterloo region. Despite these changes, complaints have persisted, and safety concerns for both community members and staff have increased, prompting this further review. In September 2024, Council passed a motion directing staff to conduct a comprehensive review of fireworks regulations in response to significant safety, environmental, and noise concerns raised by residents. The motion called for: • Research into cities that have banned or strictly regulated fireworks, including Vancouver, West Vancouver, Woodstock, Brampton, and Milton, to assess the effectiveness of their by-laws. • Collaboration with the other municipalities and townships in the Region of Waterloo to explore a unified regional approach. • Recommendations on making Kitchener's fireworks regulations more stringent. • An examination of alternative celebration methods, such as drone or light shows, for City -run events. This report presents the findings from that review and provides recommendations to enhance fireworks regulations in Kitchener. REPORT: As a result of the motion passed, staff formed a regional working group to discuss aligning fireworks regulations across the three municipalities (Kitchener, Waterloo, and Cambridge) and the four townships (North Dumfries, Wellesley, Woolwich, and Wilmot). The group has met monthly to explore best practices, share insights, and evaluate municipal comparators. Discussions focused on enforcement challenges, public safety concerns, officer safety concerns, noise and nuisance concerns, impact on resources, environmental impacts, and potential amendments to current regulations. In addition to these meetings, staff conducted outreach with 18 other municipalities that have implemented fireworks bans, engaged with industry representatives, such as the Canadian National Fireworks Association, and analyzed the effectiveness of different regulatory approaches. A public survey was also conducted, receiving approximately 1900 responses from Kitchener residents. This result showed strong support for stricter regulations, with key concerns related to safety, misuse, noise, environmental, and nuisance. Option 1: Status Quo Under this option, no changes would be made to the current bylaw or restrictions. Fireworks would continue to be permitted on designated days with existing regulations in place. While Page 105 of 126 this approach maintains consistency and does not impose new restrictions on residents, it does not address ongoing concerns related to enforcement, safety, and community complaints. Option 2 (Recommended): Amend By-law to Set Time Limits & Ban the Sales This option is a phased in approach, where additional restrictions would take effect immediately, and the ban of sales would come into effect in 2026. This option would prohibit the sale of consumer fireworks while still allowing their use on designated days. By limiting access, it encourages residents to plan ahead if they wish to set-off fireworks while also reducing the likelihood of impulse purchases that contribute to unregulated use. Additionally, this option includes the introduction of a defined start and end time for fireworks use on permitted days. This approach aligns with the consensus across the Region. Option 3: Full Ban This option would prohibit both the sale and setting -off of consumer fireworks within the municipality. With time, a complete ban may eliminate risks and disturbances associated with fireworks; however, it is not in line with neighbouring townships and municipalities who are not looking for a full ban at the staff level. Additionally, enforcement would still be required and challenging, as residents may still purchase fireworks from other areas that do not have a ban. Each option presents different considerations, and staff have evaluated their potential impacts in determining the best path forward. Recommend Approach: Based on research, municipal consultations, and public feedback, staff recommend "Option 2 — More Restrictive and Ban on Sales" with the following measures to enhance fireworks regulations in Kitchener: 1. Changes to Fireworks Timing The Firework and Firecracker By-law does not specify a start time for setting off fireworks. It only regulates the permitted days and the time by which fireworks must end. Staff recommend further restricting the timeframe by adding a designated start time that permit fireworks only within a two-hour window on the specific holiday. The current regulation states: "Fireworks are permitted to be set off during the following days and times: • Victoria Day until 11 pm • Canada Day until 11 pm • Diwali until 11 pm" And the proposed change would state: "Fireworks are permitted to be set off during the following days and times: • Victoria Day from 9:OOpm to 11:OOpm • Canada Day from 9:OOpm to 11:OOpm • Diwali from 8:OOpm to 10:OOpm" Page 106 of 126 This change aims to reduce calls, enhance enforcement efforts, add clarity to the rules, and address ongoing community concerns. 2. Prohibiting the Sale of Fireworks Under the authority of the Municipal Act, 2001, Section 121, which states that "a local municipality may prohibit and regulate the sale of fireworks and the setting off of fireworks," staff recommend prohibiting the sale of fireworks within Kitchener. This measure is intended to reduce access to fireworks, requiring individuals to plan ahead rather than purchasing them impulsively. Currently, 20 businesses in Kitchener are licensed to sell fireworks, and they are permitted to do so for only 18 days per year. To ease the transition, staff are recommending the ban on sales to take effect starting in 2026, allowing businesses to sell off existing stock and ensuring adequate time for public education on the change. While it is acknowledged that some residents may still obtain fireworks online, may purchase from municipalities that still offer the sales, or from reserves, requiring advance planning and proof of age for online purchases is expected to gradually decrease local usage over time. 3. Increasing Administrative Penalties To enhance enforcement, staff propose increasing administrative penalties for firework -related infractions. Currently, fines range from $300 - $400 per violation. Under the proposed changes, these fines would increase to range from $1000 to $1500, aligning Kitchener's penalties with those of municipalities that have stricter firework regulations. In addition to the higher fines, staff would also have the authority to issue a summons requiring an individual to appear in court. In such cases, fines could reach up to $100,000 though this measure would be reserved for severe or repeat violations and other extenuating circumstances. These changes aim to approve compliance and deter unauthorized firework use. Regional Alignment Achieving better alignment across municipalities will improve clarity, compliance, and enforcement for both residents and enforcement staff. While full uniformity is challenging, staff believe that 90% alignment is significantly better than the current inconsistencies and will provide: • Clearer messaging for public education and enforcement. • More effective compliance, as residents will know what to expect across the Region. • Reduced complaints, as confusion over differing rules often leads to non-compliance. • Improved enforcement, making it easier for bylaw officers and first responders to manage violations. To achieve this, staff recommend aligning key restrictions while allowing flexibility where full alignment is not currently feasible. Page 107 of 126 Proposed Alignment & Areas of Difference Category Staff Alignment Not Aligned Recommendation Number of Days Day of the holiday Most North Dumfries to keep day before, of, and permitted for after Setting -off Permitted 9pm – 11 pm – Yes Some municipalities have more holidays Times for Victoria Day & permitted and some have less Setting -off Canada Day 8pm – 10pm – Diwali Holidays No changes No Kitchener – Victoria Day, Canada Day, Permitted Changes Diwali Cambridge - Victoria Day, Canada Day, Diwali Waterloo - Lunar New Year, Victoria Day, Canada Day, Diwali Wilmot - Lunar New Year, Victoria Day, Canada Day, Diwali Wellesley - Victoria Day, Canda Day, Civic Holiday, Labour Day Woolwich – Victoria Day, Canada Day North Dumfries - Victoria Day, Canada Day Fines for Increase AMPS Yes N/A Violations penalty or set fines Sale of Ban on Sales Yes NA Fireworks Staff recommend moving forward with a phased alignment approach, ensuring that core restrictions—such as limiting to one day, standardizing permitted times, increasing fines, and banning sales—are consistent across the Region. While differences in the number of permitted holidays remain, aligning on 90% of key regulations will provide significant benefits without requiring immediate full uniformity. Outreach and Consultation To help inform the aforementioned recommendations, staff conducted outreach to other municipalities and industry representatives, including: • Consulting with Vancouver, West Vancouver, Brampton, Woodstock, Milton, and Caledon to assess the effectiveness of their fireworks bans, challenges faced, and lessons learned; • Comparing Kitchener's bylaw and regulations with 18 other municipalities (Appendix C); Page 108 of 126 • Meeting with Aleem Kanji, Chief Advocacy Officer of the Canadian National Fireworks Association (CNFA), who expressed opposition to a ban and emphasized education over prohibition. • Conducted a public survey on Fireworks that was available to everyone in the Region. Based on the motion and to gain insights into the effectiveness of firework regulations in other municipalities, staff engaged in discussion with various cities that have implemented bans. Below is a summary of the key finding from these conversations. Municipality Comments Ban Year in Effect Success Brampton . Ban includes sales and display Yes 2022 • Reason: nuisance and safety • 1 St year the complaints increased, but year 2 complaints decreased by 22% • Lesson Learned: increasing fines, expand education, & host City -lead, cultural events Caledon • Ban includes sales and display Yes 2022 • Reason: nuisance and safety • Complaints have been decreasing. They overestimated how many issues they thought they would continue to have. • Lessons learned: continue with education and find alternative events for cultural groups Milton • Ban includes sales and display Yes 2023 • Reason: complaints • Big reduction in number of calls for fireworks this year — only received 17 calls • Lesson Learned: build strong relationship with partners in police and fire Vancouver • Ban includes sales and display Yes 2020 • Reason: nuisance to people and animals, safety risks, fires, and costs over 1.5 million to the municipality • Year 1 there was little decrease in calls, but in 2024 there were only 40. • No illegal sales, reserves nearby decided to also not sell • Lesson learned: year 1 will still be bad, but continue with heavy education Page 109 of 126 West • Ban includes sales and display Yes 2023 Vancouver . Reason: wanted to address environment concerns (fire risks, dry weather), PTSD, and animals. • Year 1 there wasn't a large decrease but there has been enough of a decrease that it is going in the right direction • No illegal sales, reserves stop selling them • Lesson Learned: safety element is the most important piece for education Woodstock . Ban includes sales and display Yes 2024 • Reason: Public Safety & Noise complaints • Year 1 went from typical 50 complaints to 1 complaint • Lesson Learn: education and ban of sales is key to limit ability for customers to easily obtain. Public Survey An online survey was conducted over a three-week period across the Region—excluding Cambridge, which had completed its own survey the previous year. The survey was promoted to 11,000 subscribers to EngageWR and advertised through posters with QR codes linking to the survey in all community centres, arenas, and Kitchener Public Library branches. Below is a summary of key findings from the survey, which had 3,739 participants across the Region, including 1,897 Kitchener residents. The data below is only based on Kitchener residents; however, the results are similar throughout the Region. • Attendance to Firework Displays: o Over 65% never attend public firework displays. 0 72% never participate in private fireworks events. Preferences: 0 51% agree or strongly agree that they enjoy public fireworks. 0 23% agree or strongly agree that they enjoy private fireworks. • Safety Perceptions: 0 74% believe public displays are safe. 0 15% believe private displays are safe. • Top 3 Reported Benefits (multi -pick option): 0 Celebrating important occasions (686 responses). 0 Making people happy (657 responses). 0 Bringing the community together (567 responses). Page 110 of 126 0 834 respondents indicated there are no benefits. Top 3 Reported Concerns: o Misuse of fireworks (1562 responses). o Risk of fire or property damage (1421 responses). o Distress to animals (1415 responses). 0 139 respondents reported having no concerns. Complaints: 0 73% have never made a complaint, mainly because they didn't believe it would lead to action. Current Regulations: 0 66% believe there are too few regulations. 0 21 % feel the current level is appropriate. 0 10% think there are too many regulations. 0 79% support or strongly support additional restrictions. Views on Bans: 0 65% support a ban on fireworks sales. 0 72% support banning the use of private/consumer fireworks entirely. While the survey provided valuable insight, staff acknowledge that it is not statistically representative, as it was conducted through EngageWR to balance time and cost considerations. The data collected is used alongside other sources, including municipal outreach and consultations, to inform decision-making. Industry Perspective As part of the regional working group's efforts, members met with Aleem Kanji, Chief Advocacy Officer of the Canadian National Fireworks Association (CNFA), to gain insight into industry perspectives. Kanji emphasized that education is the most effective approach to managing fireworks use, as many residents are unaware of existing regulations. He expressed concerns that bans may not be effective, citing examples like Caledon, Vancouver, and Brampton, where restrictions have not eliminated issues and are being reconsidered. He also highlighted risks such as increased use of illegal or homemade fireworks and the ease of purchasing fireworks from neighboring municipalities or online. Kanji recommended expanding public education efforts through billboards, radio ads, and mandatory vendor training, similar to the City of London's approach. Following these discussions, staff reviewed ways to enhance education efforts, including incorporating social media videos, as done in London. Staff also re-engaged municipalities with existing bans, none of which indicated plans to reverse their decisions. While they acknowledged that enforcement takes time, they reported no significant issues with illegal fireworks and noted a gradual decline in complaints as public awareness improves. Page 111 of 126 Firework Bans Staff considered a full ban on fireworks but, at this time, are not recommending a complete ban. Outreach with other municipalities that have implemented bans demonstrated that these measures can be effective in reducing complaints and improving compliance. Additionally, the survey results showed strong public support for a ban. However, staff recommend first introducing more restrictive regulations and prohibiting the sale of fireworks before pursuing a full ban. Several factors contributed to this decision. While the survey provided valuable insight, it was not statistically representative, meaning that some voices may not have been fully captured. Implementing stricter regulations and banning sales first allows the City to assess the impact of these measures before considering a broader approach. Finally, staff recognize the importance of aligning Kitchener's approach with recommendations from other municipalities and townships within the Region to ensure consistency and effectiveness in enforcement as a ban only in Kitchener would likely not result in positive changes. If Kitchener were to proceed with a full ban and other area municipalities and townships did not, we would not be successful. Education We heard from all municipalities, residents, and industry representatives that enhanced education is essential to improving fireworks compliance. In 2024, the City of Kitchener conducted the most extensive public education campaign on fireworks to date, including: • Social media outreach, news releases, and website updates. • Posters placed in all community centres, arenas, and Kitchener Public Library branches. • Portable signs at parks. • Direct engagement with businesses, vendors of fireworks, sports leagues, and high schools • Partnering with Conestoga College (Students Inc and International Department), cultural groups, temples, Kitchener -Waterloo Multicultural Centre, organized cricket groups, community association, City of Kitchener Fire Division, and Waterloo Regional Police Services on communicating the rules around fireworks in Kitchener • All by-law enforcement staff were outfitted with postcards to proactively engage with groups and provide information the rules around setting -off fireworks and how to use them safely. In addition, all our posters had QR codes that translated our information into multiple languages based on the top -languages spoken in the community. Despite these efforts, the City received the highest number of fireworks -related complaints to date, reinforcing the need for stronger regulatory measures. Staff will continue to look at how to expand public awareness which may include partnering with other divisions or agencies. Impact and Complaints The concentrated volume of firework -related complaints is atypical compared to other high- volume noise complaints. For example, an average number of noise calls over a weekend is 40, Page 112 of 126 and a typical "high volume" night of noise complaint, for example – during a music festival – it is still uncommon to receive more than a regular weekend, but have received approximately an additional 20 complaints on occasion for a music festival. The difference between noise from a music festival and fireworks is that music festivals have sound engineers, staff we can work with, and conditions we can enforce in future years—whereas fireworks complaints lack the same controls and response measures. Below details the year -over -year, firework related calls. It reflects the growing trend in complaints and concerns: YEAR TOTAL NUMBER 2022 170 2023 186 2024 314 In 2024, staff responded to 314 fireworks -related calls, the highest number to date, with an estimated 200 additional calls going unaddressed. This represents 10 – 20 more calls than we typically receive on a busy night for noise complaints. The impacts include: • Overwhelming Waterloo Regional Police Dispatch with having to receive and dispatch firework -related calls therefore increasing the wait time for the police non -emergency line • Public perception of inadequate enforcement, as response capacity is limited by call volume • Significant safety concerns, including: o Increase risk of injury because of improper setting -off of fireworks, fireworks being used as a weapon and shot at a community member, police, and bylaw staff o Increase risk to city property – set off in parks, roadways, sidewalks, etc. o Fire hazard due to improper fireworks use – especially with dry leaves/grass o Distress to pets, wildlife, and people with PTSD, or auditory sensitivity Public Firework Events Kitchener hosts a fireworks display for the Canada Day celebration, with the 2024 event drawing over 25,000 attendees. These events have consistently received positive feedback, with little to no concerns reported. Any minor concerns that arise are monitored and addressed through the City's annual planning process to ensure safe and enjoyable celebrations. Staff have reviewed municipal approaches to fireworks and alternative displays, including drone shows. Many municipalities that have banned the private use of fireworks, continue to host public firework displays. Municipalities that now host drone shows include: • Waterloo (Canada Day): 200 drones • Caledon (Diwali): 200 drones • Burlington (Canada Day): 70 drones • Mississauga/Streetsville BIA (Canada Day): Drone and fireworks show. • Timmins (Canada Day): 100 drones Special event staff discussions identified safety concerns, including drone malfunctions, regulatory compliance, and cost. A 100 -drone show was quoted at $22,000, with larger shows Page 113 of 126 costing more. Costs for drone shows and fireworks are comparable, especially for major events like Canada Day. However, smaller drone shows may not provide the small visual impact. Special event staff have looked at various options, but currently only scheduled fireworks -related event is Canada Day. Fireworks are typically a finale to an entire event. For example, a concert on Canada Day plus a fireworks finale. The cost for the Special Events team to expand their events to include hosting events on each of the 3 holidays would be approximately $200,000 for each holiday, just the fireworks/drones, and the cost of entertainment which could be up to $600,000. This does not include the additional staff time and potential need for additional FTEs. In addition, permit process supports private businesses and cultural groups in hosting their own firework celebrations. Permits - Kitchener has a permit process through the Fire Department for organized, large-scale community events involving fireworks. These events go through an application process that includes inspections to ensure safety and compliance with regulations. Typically, permitted displays operate without issue. For example, in 2024, a local temple obtained a permit for a Diwali celebration, and no complaints were received from the surrounding neighborhood during the event. The same applies to other events that don't coincide with holidays, where permitted displays have been conducted safely and without concerns. Sanctioned Locations: Designating specific locations where residents could set off fireworks is not a recommended approach. Such areas would not address the core safety risks associated with improper use, including individuals shooting fireworks at others, at officers, or misusing them in ways that could cause injury to themselves, or property. The public survey also identified key concerns such as noise disturbances, distress to animals, property damage, and the impact on individuals with PTSD. These issues would persist even if fireworks were confined to a permitted location. In addition, having a designated area would require heavy oversight and would concentrate much of the by-law enforcement's effort to one area. This would strain resources, potentially leaving the other areas of the city unmonitored for unauthorized fireworks use. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — There will be an impact to the operational budget resulting from the proposed changes to the Fireworks and Firecrackers By-law. In Year 1, additional costs will be incurred for educating businesses that currently sell fireworks and for extending the duration of public education and advertising campaigns leading up to permitted holidays. Enhanced enforcement efforts will continue, with an increased number of staff deployed on designated holidays, with the goal of reducing enforcement costs over time as compliance improves. Page 114 of 126 In 2024, By-law Enforcement spent $3,500 on education, media and advertising, along with approximately $18,000 in staffing costs to support enforcement on the three designated firework holidays. Staff are projecting a similar impact to the operating budget in 2025 due to the continued need for dedicated staff for firework response. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — A public survey was conducted through EngageWR, reaching approximately 11,000 subscribers. To ensure broad participation, posters with QR codes linking to the survey were placed in all community centers, arenas, and Kitchener Public Library branches. This initiative was mirrored across the Region of Waterloo, except in Cambridge, which had conducted a similar survey earlier in the year and therefore did not participate in this current survey. COLLABORATE — Staff worked closely with Regional counterparts at City of Waterloo, City of Cambridge, Townships of North Dumfries, Wellesley, Woolwich, and Wilmot, to take a coordinated regional approach to fireworks regulations. Outreach was conducted with municipalities outside of the region that have implemented fireworks bans or stricter regulations, including Vancouver, West Vancouver, Brampton, Woodstock, Milton, Caledon, and London, to gather insights on best practices, challenges, and enforcement strategies. A comparative review was also completed, analyzing Kitchener's fireworks regulations against those of 17 other municipalities. Additionally, staff met with Aleem Kanji, Chief Advocacy Officer of the Canadian National Fireworks Association (CNFA), to gain industry perspectives on trends, safety, what municipalities they see as working well, stricter regulations and bans. PREVIOUS REPORTS/AUTHORITIES: • CSD -2023-166 — Fireworks — By-law Update • Municipal Act, 2001 APPROVED BY: Michael May, General Manager — Community Services Department ATTACHMENTS: Attachment A — Fireworks and Firecrackers By-law Attachment B — Administrative Penalty Fines Attachment C - Municipal Comparator Scan Page 115 of 126 ATTACHMENT "A" Fireworks and Firecracker By-law BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to regulate the use of Fireworks and to prohibit the sales of Fireworks and to prohibit the sale and use of Firecrackers). WHEREAS it is deemed expedient to exercise the powers conferred on Council by the Municipal Act, 2001, S.O. 2001, c.25; AND WHEREAS section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, enables a municipality to pass by-laws imposing fees or charges on persons; AND WHEREAS section 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes a municipality to delegate certain powers and duties; AND WHEREAS Council has determined that the unregulated sale and discharge of Fireworks and Firecrackers could cause a public nuisance; AND WHEREAS Council has determined that regulating the sale and setting off of Fireworks and Firecrackers within the City decreases both safety and nuisance concerns; AND WHEREAS section 120 of the Municipal Act, 2001, c.25, as amended, provides that a local municipality may, (a) prohibit and regulate the manufacture of explosives in the municipality; (b) prohibit and regulate the storage of explosives and dangerous substances in the municipality; (c) regulate the keeping and transportation of explosives and dangerous substances in the municipality; (d) prohibit the manufacture or storage of explosives unless a permit is obtained from the municipal for those activities and may impose conditions for obtaining continue to hold and renewing the permit, including requiring the submission of plans; AND WHEREAS section 121 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a local municipality may prohibit and regulate the sale of fireworks and the setting of fireworks, and further that a by-law may prohibit those activities unless a permit is obtained from the municipality who may impost conditions for obtaining, continuing to hold and renewing the permit, including requiring the submission of plans; AND WHEREAS the Council for the Corporation of the City of Kitchener deems it expedient to enact a by-law to regulate and prohibit sales of fireworks, and repeal By-law 2024-015; Page 116 of 126 NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Definitions "Act" means the Explosives Act, R.S.0 1985, Chapter E-17, and any Regulations enacted thereunder as amended from time to time or any Act and Regulations enacted in substitution therefore. "Administrative Penalty By-law" means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. "Canada Day" shall mean the day of July 1St "City" means The Corporation of the City of Kitchener. "Consumer Firework" means low hazard Fireworks generally used for recreation, which may be classified as type F.1 explosives under the Act, including but not limited to: showers, golden rain, lawn lights, pinwheels, roman candles, and volcanoes, but does not include Christmas crackers or sparklers containing less than 2 mg of explosive substance. "Chief Fire Official" means the Chief Fire Official of the City of Kitchener or their designate; "Corporation" means The Corporation of the City of Kitchener. "Display Firework" means high hazard Fireworks generally used for a public display, which may be classified as type F.2 explosives under the Act, including but not limited to: rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons, but does not include firecrackers. "Diwali" shall mean the third day of the South Asian Diwali Festival on which the main Diwali celebrations, including Fireworks, normally take place. "Fire Chief" means the Chief of the Kitchener Fire Department, or any officer appointed under him, who holds the position of Assistant to the Fire Marshal as defined in the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4. "Firecracker" includes any article containing a combustible or explosive substance, or combination of substances, prepared for, capable of, or discharged for, the purposes of producing solely an explosion or audible sound and includes cherry bombs, cannon crackers, Firecrackers, mines, squibs and torpedoes but does not include a Christmas cracker or similar device. "Fireworks" shall mean: (i). any article containing a combustible or explosive composition or any substance or combination of substances, prepared for, capable of, or discharged for the purpose of, producing a visual show or effect which may or may not be preceded by, accompanied with, or followed by, an explosion or audible sound and shall include Consumer Fireworks, Display Fireworks, Flame Effects and Pyrotechnics; or, Page 117 of 126 (ii). those devices that are regulated under the authority of the Act and any regulations thereunder. (iii) Christmas crackers and sparklers containing less than 2mg of explosive substance are not considered to be "fireworks" for the purposes of this by-law. "Fireworks Display" means the setting off of Fireworks but shall not include the setting off of Consumer Fireworks when done on land belonging to a private residence by the owner or tenant of such residence or a person authorized by him/her to do so; provided it is done on the following days: i. Victoria Day; ii. Canada Day; and iii. Diwali. "Fireworks Permit" shall mean a permit issued by the Fire Chief authorizing a Fireworks Display of any class of Firework and shall include Pyrotechnics and Flame Effects. "Fireworks Supervisor" shall mean a person authorized under the Act, to utilize certain classes of Fireworks or pyrotechnics, and for the purposes of this by-law may be used interchangeably with pyrotechnician as defined under the Act. "Flame Effects" mean the combustion of flammable or combustible solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena where the effect is intended to be viewed by an audience. "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25. "Officer" means City of Kitchener Municipal Enforcement Law Officers, members of Kitchener Fire department, and any member of Waterloo Regional Police Services. "Person" means an individual, association, firm, partnership, corporation, trust, incorporated company, organization, and includes the director and officers of a corporation. "Provincial Offences Act" means the Provincial Offences Act, R.S.O, 1990, c. P33. "Pyrotechnics" means special effect pyrotechnics classified as F3 under the Act, but may include other devices or effects where they are intended to produce a special effect in a film or television production or performance before a live audience. "Sky Lantern" means any small hot air balloon or device designed to carry an open flame as an airborne light, and may include, but not limited to, Kongming Lantern, Chinese Lantern, Sky Candle, Fire Balloon, or Sky Balloon. "Victoria Day" means the Monday preceding May 25t" "Woodlands" means land with at least: Page 118 of 126 i. 1,000 trees of any size per hectare ii. 750 trees measuring over 5 centimetres in diameter per hectare; iii. 500 trees measuring over 12 centimetres in diameter per hectare; or iv. 250 trees measuring over 20 centimetres in diameter per hectare. For the purposes of this definition, all measurements of threes are to be taken at 1.37 metres from the ground. 2. Prohibitions 2.1 No person shall offer for sale or sell any Firecracker or Sky Lantern in the City. 2.2 No person shall set off or launch any Firecracker or Sky Lantern in the City. 2.3 No Person, or groups of Persons, shall sell, offer to sell, display, purchase, distribute, or cause or permit to be sold, offered for sale, purchased, or distributed, any fireworks or explosives not authorized by the Explosives Regulatory Division of the Government of Canada in any temporary or permanent vendor location. 2.4 No Person, or group of Persons, shall sell or offer to sell, purchase, display, distribute, possess, or cause or permit to be sold, offered for sale, purchased, distributed, or possessed, any Consumer Fireworks, Display Fireworks or Pyrotechnics in any temporary or permanent vendor location. 2.5 No Person shall sell online, offer for sale, or supply any Fireworks in the City to anyone under eighteen (18) years of age, and if purchased or ordered online shall only be delivered to anyone nineteen years of age or older. 2.6 No Person under the age of 18 may possess any fireworks. 3. Use of Fireworks 3.1 Consumer fireworks may only be set off on private property provided all the setbacks and other requirements of the bylaw are met, on the following days and between the permitted hours: i. Victoria Day until 9:00pm — 11:00pm, ii. Canada Day until 9:00pm — 11:00 pm, and iii. Diwali until 8:00pm — 10:00pm. 3.2 No person shall set off any Fireworks on any street, highway, sidewalk or land under the jurisdiction of the Corporation, or on any property of the Corporation including public parks, except with the consent of the Corporation. 3.3 No person shall set off any Fireworks in the City within 150 meters of; i. any woodlands; ii. any place where explosives, gasoline, or other flammable or combustible substances are manufactured, sold or stored; iii. any hospital, nursing home, retirement home or home for the aged; Page 119 of 126 iv. any church, childcare facility, or public, separate, secondary or other school; V. Despite 9(d), Pyrotechnics may be used in a church, or a separate, secondary or other school where a permit for their use has been issued by the Fire Chief. 3.4 No person shall set off any Fireworks within 10 meters of any other person or within such greater distance of any other person as is recommended by the manufacturer. 3.5 No person shall set off any Fireworks within 10 meters or such greater distance as recommended by the manufacturer of any building, tent, canvas shelter, or motor home. 3.6 No person shall set off any Fireworks in an area containing dead undergrowth or dry grass, or dry leaves. 3.7 The provisions of this Chapter do not limit the use of model rocket motors regulated by the Act where the motors are being used by hobbyists in a safe and responsible manner on private lands, where the hobbyist has obtained the consent of the landowner to use the land for this purpose. 3.8 No person shall set off any Firework or class of Fireworks, where the Fire Chief has declared that the use of Fireworks in the City or part thereof, would present an undue risk of fire or environmental harm to the community. 4. Fireworks Displays by Permit 4.1 No person shall hold a Fireworks Display in the City except under a permit issued by the Fire Chief under authority of this Chapter. 4.2 Every person holding a Fireworks Display in the City shall do so in accordance with the applicable conditions set out in this Chapter. 4.3 A permit issued under this Chapter may include consent to hold the Fireworks Display in a public park. 4.4 The following conditions shall apply to the holding of a Fireworks Display under a permit issued by the Fire Chief pursuant to this Chapter: (a) The Fireworks Display shall be held by or under the auspices of a club, association, or group of Persons; (b) The Fireworks Display shall be held at the place and on the date set forth in the permit; (c) The Fireworks Display shall be under the supervision of a Fireworks Supervisor holding a valid certificate; (d) The Fire Chief or their designate may request additional information or impose conditions other than those, required by the Act in order to ensure a fire safe community; and Page 120 of 126 (e) A Fireworks Permit may not be issued, where the permit application is incomplete or the application does not otherwise meet the requirements of this Chapter or the Act. 4.5 The Fire Chief may issue a Fireworks Permit on the conditions set forth in this Chapter, the regulations made under the Act, and other conditions deemed necessary for fire and public safety; and each Fireworks Permit shall include: (a) The date and time of the proposed Fireworks Display; (b) The name of the club, association or group to whom the same shall be issued; (c) The name, address and phone number of an executive officer or other responsible person; (d) The name, address and phone number of the Fireworks Supervisor; (e) The address in the City where the Fireworks Display is to be held; (f) A site plan providing a description of the discharge site to be used for the Fireworks Display; (g) The emergency procedures; (h) The manner in which spent Fireworks shall be cleaned from the fireworks display site; (i) The manner in which unused Display Fireworks are to be disposed of; (j) The number of authorized persons on site during the event to handle and discharge the Display Fireworks; (k) Proof of certification of the applicant as a Fireworks Supervisor; (1) A permit fee as set out in the applicable by-law; (m)Proof of insurance and indemnification in accordance with this Chapter; and (n) Such other information as may be required by the Fire Chief. 4.6 The applicant for a Fireworks Permit under this Chapter shall provide and maintain commercial general liability insurance subject to limits of not less than five million dollars ($5,000,000) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. Such insurance shall be in the name of the applicant and shall name The Corporation of the City of Kitchener as an additional insured thereunder. Such insurance shall include coverage for Fireworks Displays of Pyrotechnics special effects, Fireworks, Consumer Fireworks, or Display Fireworks as applicable. Said insurance policy shall contain an endorsement to provide The Corporation of the City of Kitchener with ten (10) days' prior written notice of cancellation or of a material change that would diminish coverage, and a standard City of Kitchener certificate of insurance evidencing such insurance coverage shall be provided to the City prior to the issuance of a permit. 4.7 The applicant for a Fireworks Permit shall indemnify and save harmless The Corporation of the City of Kitchener from any and all claims, demands, causes of action, loss, costs or damages that the Corporation may suffer, incur or be liable for resulting from the performance of the applicant as set out in this Chapter whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors, volunteers, and agents 4.8 Section 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. Page 121 of 126 4.9 Any person shall be liable to pay an administrative penalty and any administrative fee in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 4.10 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this bylaw. 4.11 Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 739.4.9. 5. Enforcement 5.1 Any Officer may be responsible for the enforcement of this by-law. 5.2 Any Officer may inspect without prior notice at any reasonable time a location from which Fireworks are being stored, sold, displayed, or otherwise used or held. 5.3 Any permit issued under this Chapter may be revoked by the Fire Chief where the Fire Chief believes said revocation would be in the interest of public safety. 5.4 An Officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether this Chapter is being complied with. Entry to any place being used as a dwelling may be subject to the requirements of the Municipal Act, 2001. However, this right of entry shall in no way restrict any right of entry authorized under the Fire Protection and Prevention Act, 1997. 5.5 For the purposes of an inspection pursuant to this Chapter, an Officer may: (a) Require the production for inspection of documents or things relevant to the inspection: (b) Inspect and remove document or things relevant to the inspection for the purpose of making copies or extracts; (c) Require information from any person concerning a matter related to the inspection; and (d) Alone or in conjunction with a person possessing special or expert knowledge, make examinations or take test, samples or photographs necessary for the purpose of the inspection. 6. Offence 6.1 Every person other than a corporation who contravenes any provision of this Chapter is guilty of an offence and is liable upon conviction, to a fine not exceeding $50,000 exclusive of costs, for each offence, recoverable under the Provincial Offences Act. Page 122 of 126 6.2 Every corporation that contravenes any provision of this Chapter is guilty of an offence and is liable upon conviction, to a fine not exceeding $100,000 exclusive of costs, for each offence, recoverable under the Provincial Offences Act. 7. Enactment 7.1 It is hereby declared that each of the foregoing sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any Court, it is intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 8. Schedule 8.1 That the Schedules attached to this By-law shall form part of the By-law. 9. Repeal and Replace 9.1 By-law 2024-015 and the contents of Chapter 739 of the Municipal code, as may have been amended, is repealed and replaced on the day this By-law comes into force and effect. 10. Severability 10.1 It is hereby declared that each of the foregoing sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid by any Court, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 11. Enactment 11.1 This by-law maybe referred to as the "Fireworks By-law". 11.2 This By-law shall come into force and effect on April 28, 2025. 11.3 The Clerk of the City is hereby directed to make this by-law apart of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering it as Chapter 739 so as to fit within the scheme of the Code. PASSED at the Council Chambers in the City of Kitchener this X day of , CE. 20 Mayor Clerk Page 123 of 126 ATTACHMENT "B" Administrative Penalty Fines Chapter 739 (Fireworks and Fire Crackers), as amended, of the City of Kitchener Municipal Code COLUMN COLUMN COLUMN COLUMN COLUMN 1 2 3 4 5 ITEM DESIGNATED SHORT FORM WORDING SET PENALTY AMOUNT PROVISION PENALTY FOR SECOND AND AMOUNT SUBSEQUENT CONTRAVENTIONS 1. 739.2.1 (permit/offer) for sale or sell any $1000 $1500 Firecrackers or Sky Lantern 2. 739.2.2 (set off/launch) any Firecracker or Sky $1000 $1500 Lantern 3. 739.2.4 Permit the sale, offer to sell, display or $1500 $2250 purchase any fireworks or explosives 739.2.5 Permit the sale of fireworks online to $1500 $2250 persons under eighteen years of age 4. 739.3.1 Fireworks set off on private property $1500 $2250 outside of the permitted days (Victoria Day, Canada Day, Diwali) 5. 739.3.1 Fireworks set off on private property $1500 $2250 outside the permitted times 6. 739.3.2 Fireworks were set off on any street, $1500 $2250 highway or land under the jurisdiction of the Corporation without consent of the Corporation 7. 739.3.3 Fireworks set off within 150 meters of $1500 $2250 (woodlands/place were explosives, gasoline, or other flammable or combustible substances/hospital, nursing home retirement home or home for aged; any church, childcare facility or public separate or secondary school) 8. 739.3.4 Fireworks set off within 10 metres of any $1500 $2250 other person 9. 739.3.5 Fireworks set off within 10 meters of any $1500 $2250 building, tent, canvas shelter, or motor home 10. 739.3.6 Fireworks set off in an area containing $1500 $2250 dead undergrowth or dry grass 11. 739.4.1 Failed to obtain a permit to hold a $1000 $1500 Firework Display Page 124 of 126 ATTACHMENT "C" Municipal Comparator Scan Municipality Ban on What holidays Number of Can Number of Day for Fireworks? permit? Days they be sale Permitted sold? to set off? Kitchener No Victoria Day, 1 Yes 6 proceeding Canada Day, Diwali Waterloo No Lunar New Year 3 Yes 7 proceeding OR Chinese New Year, Victoria Day, Canada Day and Diwali Cambridge No Victoria Day, 1 Yes 10 proceeding Canada Day, Diwali Wilmot No Victoria Day, 3 Yes 10 proceeding Canada Day Woolwich No Victoria Day, Not Yes 6 proceeding Canada Day regulated Wellesley No Victoria Day, VD, CH, Yes 10 proceeding Canada Day, Civic LD — 3 Holiday, Labour days, CD — Day day before, of, after North No Victoria Day, 3 Yes 10 proceeding Dumfries Canada Day Hamilton No Victoria Day, 1 Yes 7 proceeding Canada Day Vaughan No Victoria Day, 1 Yes 7 proceeding Canada Day (other days by permit) London No Victoria Day, 1 Yes 5 proceeding Canada Day, Diwali, Lunar New Year, any other approved date Oakville No Victoria Day, 3 (day Yes 7 proceeding Canada Day, New before, of, Years, any after) religious/cultural event where fireworks are used Toronto No Victoria Day & 1 day (plus Yes 7 proceeding Canada rain date) Page 125 of 126 BAN ON FIREWORKS Brampton Yes None None No N/A Woodstock Yes None None No N/A Milton Ye None None No N/A Vancouver Yes None N/A No N/A West Vancouver Yes None N/A No N/A Caledon Yes (since 2022) None N/A No N/A Stouffville** (starting in 2025) Yes one No No N/A Page 126 of 126