Definitions

1   In this bylaw:

"agenda" is the list of items and order of business for any meeting of Council or Council-established bodies;

"chair" means the presiding council member of a Council meeting or Council-established body meeting, as the context requires;

"city website" means the information resource found at an internet address as provided by the City;

"corporate officer" has the same meaning as in the Delegation of Authority Bylaw;

"Council meeting" or "regular meeting" means a regular meeting of Council;

"Council-established body" has the same meaning as in the Council Code of Conduct Bylaw;

"deputy mayor" means the council member designated by Council in accordance with section 14 designation of member to act in place of mayor;

"improper conduct" has the same meaning as in the Facilities Conduct Bylaw;

"main question" means the motion that first brings a matter before Council;

"mayor" means the duly elected mayor of the City;

"meeting of Council" means a regular meeting or special meeting;

"motion" is a formal proposal made by a council member that Council undertakes or approves as a specified course of action;

"public notice posting place" means the lobby of City Hall;

"quorum" means

(a) for a meeting of Council, a majority of the council members, and

(b) for a meeting of a Council-established body, a majority of the voting members appointed;

"Robert's Rules of Order" means the text, Robert's Rules of Order, Newly Revised, 11^th Edition by Henry M. Robert (Perseus Publishing, 2011), or the most recent subsequent edition;

"special meeting" means a meeting of Council other than a regular meeting or the resumed portion of an adjourned regular meeting.

Interpretation

2   The Interpretation Bylaw applies to this bylaw.

Application of rules and procedure

3   (1) The provisions of this bylaw govern the proceedings of Council and all Council-established bodies, as applicable.

(2) Robert's Rules of Order apply to the proceedings of Council and Council-established bodies to the extent that those rules are

(a) applicable in the circumstances,

(b) not inconsistent with or otherwise provided in this bylaw, and

(c) not inconsistent with the Community Charter or other applicable enactments.

Inaugural meetings

4   (1) Following a general local election, the first Council meeting will be held on the first Tuesday in November.

(2) If the number of persons elected as members who have taken office is not sufficient for a quorum by the time of the meeting scheduled under subsection (1), the corporate officer must set another time or date for the first Council meeting, to be held as soon as reasonably possible after a quorum is reached.

Time and place of meetings

5   (1) Except where otherwise permitted in this bylaw, Council meetings must take place at City Hall.

(2) Except where otherwise permitted in this bylaw, Council meetings must be held in accordance with the schedule of Council meetings pursuant to section 6 schedule of meetings

(3) Despite subsections (1) and (2), the corporate officer may, in consultation with the mayor and City manager, cancel, postpone or reschedule a Council meeting and establish a different day, time or place for that meeting.

(4) Where a Council meeting is to be held at a time or place different than in subsections (1) and (2), the corporate officer must post a notice identifying the alternate day, time or location.

(5) The corporate officer must post the notice referred to in subsection (4) at the public notice posting place.

Schedule of meetings

6   Council must

(a) make available to the public a schedule of dates, times and places of Council meetings, and

(b) give notice of the availability of the schedule in accordance with section 94 requirements for public notice of the Community Charter at least once a year.

Notice of Council meetings

7   (1) At least 24 hours before a Council meeting that is open to the public, the corporate officer must give public notice of the time, place and date of the meeting by

(a) posting a notice and a copy of the agenda at the public notice posting place and city website, and

(b) leaving extra copies of the agenda at public notice posting place.

(2) Where revisions to the published schedule of Council meetings are made as a result of a cancellation or a change to the date, time, or place of a Council meeting, the corporate officer must post a notice at the public notice posting place.

Notice of special meetings

8   (1) Except where notice of a special meeting is waived by a unanimous vote of all council members, the corporate officer must give public notice of the time, place and date of the special meeting.

(2) The corporate officer must provide notice referred to in subsection (1) by posting a notice and a copy of the agenda in the public notice posting place.

(3) Subsection (2) does not apply to meetings closed to the public.

(4) The corporate officer must provide notice referred to in subsection (1) at least 24 hours before a special meeting of Council.

Electronic meetings

9   (1) Subject to section 128 electronic meetings and participation by members of the Community Charter, Council meetings, special meetings and Council-established body meetings may be conducted by means of electronic or other communication facilities.

(2) For any Council meeting, special meeting or Council-established body meeting conducted by means of electronic or other communication facilities,

(a) the meeting must be conducted in accordance with this bylaw,

(b) the facilities must enable the meeting's participants to hear, or watch and hear, the participation of the council members or Council-established body members, and

(c) except for any part of the meeting that is closed to the public, the facilities must enable the public to hear, or watch and hear, the participation of the council members or Council-established body members.

(3) A council member or Council-established body member who is unable to attend in person at a Council meeting, a special meeting or a Council-established body meeting may participate in the meeting by means of electronic or other communication facilities.

(4) Council members or Council-established body members who are participating under this section in a meeting conducted in accordance with this section are deemed to be present at the meeting.

Community Charter provisions

10   Matters pertaining to Council proceedings are governed by the Community Charter.

Attendance of public at meetings

11   (1) Except where the provisions of section 90 of the Community Charter apply, all meetings of Council and Council-established body meetings are open to the public.

(2) Before holding a meeting or part of a meeting that is to be closed to the public, Council must pass a resolution in the open portion of the meeting that states

(a) the fact that the meeting or part of it is to be closed, and

(b) the basis for closing it under section 90 of the Community Charter.

Minutes of meetings to be maintained and available to public

12   (1) Minutes of meetings of Council must be

(a) certified as correct by the corporate officer, and

(b) signed by the chair of the meeting at which the minutes are adopted.

(2) Minutes of meetings of Council must be available for public inspection at City Hall during its regular office hours.

(3) Subsection (2) does not apply to

(a) a meeting that was closed to the public, or

(b) the part of a meeting that was closed to the public.

Calling meeting to order

13   (1) As soon as quorum is reached at a meeting of Council, the mayor must take the chair and call the meeting of Council to order.

(2) If a quorum is present but neither the mayor nor the deputy mayor is in attendance, a deputy mayor as identified in section 14 (4) must chair the meeting in the mayor and deputy mayor's absence.

Designation of member to act in place of mayor

14   (1) Council must establish a schedule for councillors to serve as the deputy mayor or to act in the place of the mayor, when

(a) the mayor is absent or otherwise unable to act, or

(b) the office of the mayor is vacant.

(2) Each councillor designated as the deputy mayor in the schedule under subsection (1) must fulfil the responsibilities of the mayor in their absence.

(3) While acting in the mayor's absence, the deputy mayor has the same powers and duties as the mayor in relation to the applicable matter, including presiding at Council meetings.

(4) If the councillor designated as the deputy mayor in the schedule under subsection (1) is unable to act in place of the mayor, the deputy mayor duties will temporarily fall to the previous deputy mayor on the schedule, and then to each preceding deputy mayor on the schedule until an available replacement is identified.

Adjourning meeting where no quorum

15   If there is no quorum after 15 minutes of the scheduled time for a meeting of Council, the corporate officer must

(a) record the names of the council members present, and

(b) adjourn the meeting until the next scheduled meeting.

Agenda

16   (1) Before each meeting of Council, the corporate officer must prepare an agenda setting out all the items for consideration at that meeting, noting in short form a summary for each item on the agenda.

(2) Unless otherwise resolved by Council, particular business at a meeting of Council must be taken up in the order in which it is listed on the agenda.

(3) The corporate officer must make the agenda available to the council members before the meeting.

(4) Council will not consider any matters not listed on the agenda unless a new matter for consideration is properly introduced as a late item pursuant to section 17 late items.

Late items

17   (1) An item of business not included on the agenda may be considered at a meeting of Council if Council, by a majority vote of all council members present, allows the inclusion of the late item.

(2) If a late item is to be included under subsection (1), information pertaining to that item must be distributed to council members as soon as practicable.

Delegations

18   (1) An individual or organization who wishes to appear before a meeting of Council or Council-established body meeting as a delegation must submit a written request to the corporate officer or through a form provided for this purpose on the city website.

(2) The written request referred to in subsection (1) must include the following:

(a) the name and address of the person who will address Council or a Council-established body;

(b) whether the individual or organization is requesting appearance as delegation before Council or a specific Council-established body;

(c) a description of the matter to be presented to Council or a Council-established body;

(d) any dates on which the individual or organization would prefer to appear as a delegation;

(e) any dates on which the individual or organization is unavailable to appear as a delegation;

(f) the request being made of Council or a Council-established body;

(g) the reason for making the request;

(h) an explanation of the issue that is the subject of the request;

(i) a summary of any current and proposed legislation and policy relevant to the request;

(j) a copy of all materials that will be discussed.

(3) An individual or organization may only address Council as a delegation

(a) once within a 12 month period on one topic, and

(b) not more than every 3 months on different topics,

unless that individual or organization is statutorily authorized to be heard by Council or required by law to be heard by Council.

(4) The mayor is authorized to refuse to schedule a delegation if, in relation to the matter that the delegation wishes to present to Council,

(a) a public hearing, or opportunity for public input, has been held in accordance with an enactment as a prerequisite to the adoption of a bylaw, or approval of a permit,

(b) the matter deals with the City's labour relations or other employee relations,

(c) the matter relates to litigation or potential litigation affecting the City,

(d) the mayor considers the matter to be frivolous,

(e) the matter is outside the legal authority or jurisdiction of the City,

(f) the matter is about records held in confidence by the City, unless the City has lawfully released that record to the public,

(g) the matter was considered in a Council meeting that was closed to the public, unless the City has lawfully released to the public information relating to the matter,

(h) the matter is related to a request for access to information under the Freedom of Information and Protection of Privacy Act,

(i) the matter is related to a statutory reconsideration or appeal of a Council decision, unless the person making submissions to Council is the person entitled to request the statutory reconsideration or appeal or their legal representative,

(j) the matter relates to compliance with City bylaws or policies,

(k) the purpose is to address a matter referred by Council to staff, or is the subject of a staff report not yet presented to Council,

(l) the matter is an election campaign or election-related issue,

(m) the matter ought to be considered by a Council-established body before or instead of being considered by Council, or

(n) the matter relates to publicly tendered contracts or proposal calls for the provision of goods or services for the City between the time that such contract or proposal call has been authorized and the time such contract or proposal call has been awarded.

(5) The delegation may appeal the mayor's decision under subsection (4) in accordance with the Appeal Procedure Bylaw.

(6) Subject to subsections (1) to (4), the corporate officer will schedule a delegation at a meeting of Council or Council-established body after the requirements of subsection (2), including delivery of the materials to be discussed, have been met.

(7) Each delegation to Council or Council-established body is limited to 10 minutes, unless a longer period is agreed to by majority vote of those council members or voting Council-established body members present, as applicable.

(8) The chair may deny a delegation to address or continue to address Council if the delegation engages in improper conduct or addresses issues not within the written application under subsection (2).

Conduct of council members

19   Council members must themselves in accordance with the Council Code of Conduct Bylaw.

Debate

20   (1) A council member may speak to a question or a motion at a meeting of Council only if that council member first addresses the chair.

(2) Council member must address the chair by that person's title of "mayor", "deputy mayor", "chair", or "councillor".

(3) Council members must address other non-chairs by the title "councillor".

(4) A council member must not interrupt another council member who is speaking except to raise a point of order.

(5) If more than 1 council member speaks at the same time, the chair must call on the council member who, in the chair's opinion, first spoke.

(6) Council members who are called to order by the chair

(a) must immediately stop speaking,

(b) may explain their position on the point of order, and

(c) may appeal to Council for its decision on the point of order.

(7) Council members speaking at a meeting of Council

(a) must speak only in connection with the matter being debated,

(b) may speak about a vote of Council only for the purpose of making a motion that the vote is rescinded, and

(c) must adhere to the rules of procedure established under this bylaw and to the decisions of the chair and Council in connection with the rules and points of order,

(d) may speak no more than twice for a maximum of five (5) minutes total in connection with the same questions, unless

(i) the chair permits the council member to speak more than twice, or

(ii) the council member is explaining a material part of a previous speech without introducing a new matter,

(e) who has made a substantive motion to the Council may reply to the debate,

(f) who moved a motion under consideration may open and close debate on the matter, and

(g) who has moved an amendment, the previous question or an instruction to a Council-established body may not reply to the debate.

(8) If a council member does not adhere to subsection (7), the chair may order the council member to leave the council member's seat.

(9) If a council member referred to in subsection (8)

(a) refuses to leave, the chair may cause the council member to be removed by a peace officer from the council member's seat, or

(b) apologizes to the Council, Council may, by resolution, allow the council member to retake the council member's seat.

(10) Subject to subsection (11), a council member may require the question being debated at a meeting of Council to be read at any time during the debate.

(11) Reading of the question referred to in subsection (10) must not interrupt another council member who is speaking.

Expulsion from Council meetings

21   (1) Pursuant to section 133 of the Community Charter, a person who engages in improper conduct may be expelled from a meeting of Council.

(2) If, during a meeting of Council, a council member is of the opinion that a person has engaged in improper conduct, the council member may state on the record particulars of the behaviour they believe to constitute improper conduct.

(3) If the chair of the meeting of Council is of the opinion that the named person subject to an allegation in subsection (2) did not engage in improper conduct, the chair must state on the record why the behaviour in question does not constitute improper conduct warranting further action.

(4) If a council member alleges improper conduct pursuant to subsection (2) and the chair agrees that the named person engaged in improper conduct, the chair may do any of the following:

(a) permit the named person to apologize immediately to Council for the improper conduct;

(b) order the named person to leave the meeting of Council immediately.

(5) If the named person does not comply with an order to leave the meeting of Council, a peace officer may remove the named person from the meeting of Council pursuant to section 133(2) of the Community Charter.

(6) Nothing in this section limits the City's authority to limit a person's access to City facilities in accordance with the Facilities Conduct Bylaw or by pursuing legal remedies available to the City in relation to improper conduct.

Voting at meetings

22   The following procedures apply to voting at meetings of Council:

(a) when debate on a matter is closed, the chair must put the matter to a vote of council members;

(b) when the chair is putting the matter to a vote under paragraph (a), a council member must not

(i) cross or leave the room, or

(ii) make a noise or other disturbance;

(c) after the chair puts the question to a vote under paragraph (a), a council member must not speak to the question or make a motion concerning it;

(d) the chair's decision about whether a question has been finally put is conclusive;

(e) whenever council members vote under paragraph (a), each council member present must signify their vote by raising their hand or by pushing the appropriate button on any automated voting system being used at the meeting of Council;

(f) the chair must declare the result of the voting by stating that the question is decided in either the affirmative or the negative.

Points of order

23   When the chair is required to decide a point of order,

(a) the chair must cite the applicable rule or authority, if requested by another council member,

(b) another council member must not question or comment on the rule or authority cited by the chair under paragraph (a), and

(c) the chair may reserve the decision until a future meeting of Council.

Procedure for motions

24   (1) Every motion must be recorded in writing.

(2) Debate must not be permitted unless a motion is before Council.

(3) When a motion is made and seconded, the chair must propose it as a question to open the debate.

(4) The chair must put the question to close the debate.

(5) Once stated or read, a motion is deemed possessed by Council.

(6) Once a motion is deemed possessed by Council under subsection (5), it may only be withdrawn by the mover and seconder.

(7) The chair may speak to a motion in his or her capacity as chair.

Approval of motions required

25   (1) If a council member requests to introduce a motion, the council member must have approval of the chair before introducing the motion.

(2) The chair may require that the resolution be submitted in writing and copies provided to all council members, the City manager and corporate officer, before being considered.

(3) The chair may also direct that the motion be placed on a subsequent meeting agenda for consideration by Council.

Motions generally

26   (1) Council may debate and vote on a motion after it is first made by one council member and then seconded by another.

(2) A motion that deals with a matter that is not on the agenda of the meeting of Council at which the motion is introduced may be introduced with the chair's permission.

(3) A council member may make only the following motion when Council is considering a question:

(a) to refer the matter;

(b) to amend;

(c) to defer the matter (or lay on the table);

(d) to put the question;

(e) to adjourn.

(4) A motion made under subsection (3) (b) to (e) is not amendable or debatable.

(5) If requested by a council member, Council must vote separately on each part of a question that is under consideration at a meeting of Council.

Motions to commit

27   Until a motion is decided, a motion made at a meeting of Council to refer to Council-established body precludes an amendment of the main question.

Motion for the main question

28   At a meeting of Council, the following rules apply to a motion for the main question, or for the main question as amended:

(a) if a council member moves to put the main question, or the main question as amended, to a vote, that motion must be dealt with before any other amendments are made to the motion on the main question;

(b) if the motion for the main question, or for the main question as amended, is decided in the negative, Council may again debate the question, or proceed to other business.

Amendments generally

29   (1) Amendments may delete, add or substitute words or figures in a motion, provided that such amendments do not, in the opinion of the chair, affect the original motion's intent.

(2) At the chair's requests, the mover must reproduce the proposed amendment in writing.

Amending procedure

30   (1) A council member, other than the mover of a motion, may propose an amendment to a motion, and that amendment must be disposed of before any subsequent amendments are proposed.

(2) When an amendment to a motion has been moved and seconded, a council member may request that the original motion and the amendment be stated, with the debate being limited to the amendment only.

(3) If the amendment is defeated, debate may continue on the original motion, and if no further amendments are proposed, the chair must call the question on the original motion.

(4) If the amendment is carried, and no further amendments are proposed, the chair may then call the question on the original motion, as amended, without further debate.

Sub-amendments

31   (1) A council member may propose a sub-amendment to any amendment.

(2) An amendment may be sub-amended only once.

Order of voting

32   The chair must put the main question and its amendments in the following order for a vote of Council:

(a) a sub-amendment;

(b) an amendment to the original motion;

(c) the original motion.

Notice of motion

33   If a council member wishes to give notice at a meeting of Council of their intention to move a motion at a future meeting

(a) the council member must first deliver at the meeting, a written notice of motion to the mayor, City manager and corporate officer,

(b) the notice of motion must

(i) set out all of the details of the motion, and

(ii) stipulate the date of the meeting at which the council member intends to move the motion,

(c) the mayor may require the council member, or corporate officer, to read aloud the notice of motion, and

(d) the corporate officer must add the motion to the agenda for the meeting at which the council member intends to move the motion.

Inadmissible motions

34   (1) If the chair considers that a motion is contrary to law, including this bylaw, the chair must

(a) inform Council immediately,

(b) refuse to permit debate on the proposed motion, and

(c) refuse to put the question to a vote.

(2) The chair must immediately give reasons for any refusal made under subsection (1).

(3) If the chair considers that a motion may be contrary to law, the chair may refer the motion to staff or to legal counsel for further consideration.

Privilege

35   (1) In this section, a matter of privilege refers to any of the following motion:

(a) fix the time to adjourn;

(b) adjourn;

(c) recess;

(d) raise a question of privilege of the Council;

(e) raise a question of privilege of a council member.

(2) A matter of privilege must be immediately considered when it arises at a Council meeting.

(3) For the purposes of subsection (2), a matter of privilege listed in subsection (1) has precedence over those matters subsequently listed.

Reconsideration by Council member

36   (1) Subject to subsection (2), any council member may, no later than the next Council meeting

(a) move to reconsider a matter on which a vote has been taken at a meeting of Council open to the public, and

(b) move to reconsider an adopted bylaw after an interval of at least 24 hours following its adoption.

(2) Council may only reconsider a matter that has not

(a) had the approval or assent of the electors and been adopted,

(b) been reconsidered under subsection (1) or section 131 of the Community Charter, or

(c) been acted on by an officer, employee or agent of the City.

(3) Council must not discuss a matter referred to in subsection (1) unless a motion to reconsider that matter is adopted in the affirmative.

(4) A bylaw, resolution or proceeding that is reconsidered under subsection (1) or section 131 of the Community Charter is as valid and has the same effect as it had before reconsideration.

(5) No discussion of the question or issue referred to in subsection (1) will be

(a) allowed unless the motion to reconsider is carried, or

(b) reconsidered more than once.

(6) A council member who voted affirmatively for a resolution adopted by Council may, at any time, move to rescind that resolution.

(7) A vote to reconsider must not be reconsidered.

(8) The conditions that applied to the adoption of the original bylaw, resolution or proceeding apply to its rejection under this section.

Note: In addition to the powers of reconsideration under section 36, the mayor may initiate a reconsideration in accordance with section 131 mayor may require council reconsideration of a matter of the Community Charter.

Adjournment

37   (1) A motion to adjourn either a meeting of Council or the debate at a meeting of Council is always in order if that motion has not been preceded at that meeting by the same motion.

(2) Subsection (1) does not apply to either of the following motions:

(a) a motion to adjourn to a specific day;

(b) a motion that adds an opinion or qualification to a preceding motion to adjourn.

Copies of proposed bylaws to Council members

38   (1) A proposed bylaw may be introduced at a meeting of Council open to the public only if a copy of it is delivered to each council member before the meeting of Council.

(2) Council members may unanimously agree to waive the requirement in subsection (1).

Form of bylaws

39   A bylaw introduced at a meeting of Council must

(a) be printed,

(b) have a distinguishing name,

(c) have a distinguishing number, and

(d) be divided into sections.

Bylaws to be considered separately or jointly

40   Council must consider a proposed bylaw at a meeting of Council, either

(a) separately when directed by the chair or requested by another council member, or

(b) jointly with other proposed bylaws in the sequence determined by the chair.

Reading and adopting bylaws

41   (1) The chair of a meeting of Council may

(a) have the corporate officer, or designate, read a synopsis of each proposed bylaw or group of proposed bylaws, and

(b) request a motion that the proposed bylaw or group of bylaws be read.

(2) All readings of a bylaw may be given in an abbreviated form, unless Council directs that all or any part of a bylaw be read.

(3) The readings of the bylaw may be given by stating its title and object.

(4) In accordance with section 135 of the Community Charter, Council may give up to three (3) readings to a proposed bylaw at the same meeting of Council.

(5) When considering a bylaw, Council may, by resolution, do any of the following:

(a) give the bylaw up to 3 readings;

(b) deny readings of the bylaw;

(c) not proceed with the bylaw;

(d) amend the bylaw;

(e) adopt the bylaw if authorized by applicable legislation;

(f) rescind the bylaw to one or more previous readings;

(g) defer the bylaw for consideration at a subsequent meeting;

(h) refer the bylaw back to staff for a follow up report to address questions raised at a public hearing, or meeting of Council;

(i) otherwise treat the bylaw as authorized or required by an enactment.

(6) A proposed bylaw may be debated and amended at any time during the 3 readings subject to any statutory restrictions.

Adoption motion bylaws

42   (1) In accordance with the Local Government Act or Community Charter, Council may adopt an official community plan, zoning bylaw or land use contract amendment bylaw at the same meeting at which the plan or bylaw receives 3 readings.

(2) Despite section 135(3) of the Community Charter, and in accordance with sections 477 (6), 480 and 548 (5) of the Local Government Act, Council may adopt an official community plan, zoning bylaw or a bylaw to discharge or amend a land use contract at the same meeting at which the plan or bylaw receives third reading.

Bylaws must be signed

43   After a bylaw is adopted and signed by the corporate officer and the chair of the meeting of Council at which it was adopted, the corporate officer must have it placed in the City's records for safekeeping and endorse upon it

(a) the City's corporate seal,

(b) the dates of its reading and adoption,

(c) the dates of required public notice, if applicable, and

(d) the date of Ministerial approval or approval or asset of the electors, if applicable.

Repeal

44   The Council Procedure Bylaw, 2018 is repealed.