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Bylaw No. 2800-2018

Council Procedure Bylaw, 2018

Contents
 1 Citation
 2 Interpretation
 3 Application of rules and procedure
 4 Schedules
 5 Repeal
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "F"
Schedule "G"
Schedule "H"

WHEREAS the Community Charter requires Council to establish general procedures for Council and Council committees to follow in conducting their business,

NOW THEREFORE the Council of the City of Abbotsford, in open meeting duly assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 2800-2018 may be cited as "Council Procedure Bylaw, 2018".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this Bylaw. Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Community Charter, SBC, 2003, or Local Government Act, RSBC, 2015, as the context and circumstances may require.

(b) A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia, unless otherwise indicated, and a reference to any statute, regulation, bylaw or other enactment refers to that enactment as it may be amended or replaced from time to time.

(c) Headings in this Bylaw are for convenience only and must not be construed as defining or limiting its scope or intent.

(d) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Application of rules and procedure

3   (a) The provisions of this Bylaw govern the proceedings of Council, and all Committees of Council, as applicable.

(b) In cases not provided for under this Bylaw, Robert's Rules of Order apply to the proceedings of Regular Council, Executive Committee, Committee of the Whole, and Council Committees to the extent that those rules are:

(i) applicable in the circumstances;

(ii) not inconsistent with provisions of this Bylaw; and

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

Schedules

4   (a) The following schedules are attached to and form part of this Bylaw:

(i) Schedule "A": Definitions;

(ii) Schedule "B": Council Meetings;

(iii) Schedule "C": Designation of Member to Act in Place of Mayor;

(iii) Schedule "D": Council Proceedings;

(iv) Schedule "E": Bylaws;

(v) Schedule "F": Expulsion from Council Meetings;

(vi) Schedule "G": Executive Committee of Council; and

(vii) Schedule "H": Committee of the Whole.

Repeal

5   Bylaw No. 2500-2015, cited as "Council Procedure Bylaw, 2015", and all amendments, are hereby repealed.

READ A FIRST TIME on January 8, 2018 READ A SECOND TIME on January 8, 2018 READ A THIRD TIME on January 8, 2018 NOTICE OF INTENTION TO ADOPT Bylaw published on January 12, 2018 NOTICE OF INTENTION TO ADOPT Bylaw published on January 19, 2018 ADOPTED on January 22, 2018

Schedule "A"

Definitions

In this Bylaw, unless the context otherwise requires:

"Abbotsford City Hall" means the corporate place of business for the City, in the civic facility located at 32315 South Fraser Way, Abbotsford, BC, V2T 1W7, and includes the Matsqui Centennial Auditorium.

"Acting Mayor" means a Member appointed under Schedule C, Section 1 (b) to act in the place of the Mayor or Deputy Mayor when neither the Mayor nor the Deputy Mayor are available to act.

"Agenda" is the list of items and order of business for any meeting of Council or its Committees.

"Chair" means the presiding Member of a Council or Committee meeting as the context requires.

"City" means the City of Abbotsford.

"City Manager" is the chief administrative officer for the City, appointed under the Section 147 of the Community Charter; or a designate.

"City Website" means the information resource found at an Internet address as provided by the City.

"Committee" means a Select or Standing committee of Council, a Task Force, Commission, an Authority, an Advisory committee, a Board and any other committee established by Council or authorized by statute.

"Committee of the Whole" means a committee of all members of Council established to consider but not to decide on matters of the City's business, as set out in Schedule "H", Section 1.

"Corporate Officer" means the Corporate Officer for the City, appointed under Section 148 of the Community Charter, or a designate.

"Council" means the Council of the City.

"Councillor" has the same meaning as set out in the Community Charter.

"Deputy Mayor" means the Member designated by Council in accordance with Schedule C, Section 1 (a).

"Executive Committee" means, a committee to which Council has delegated some of its powers, duties and functions, as set out in Schedule "G", Section 1.

"Mayor" means the duly elected Mayor of the City.

"Member" is a Member of the City Council and includes the Mayor.

"Motion" is a formal proposal made by a Member of Council that the Council undertakes or approves as a specified course of action.

"Public Notice Posting Place" means the lobby of Abbotsford City Hall.

"Quorum" means:

(a) for a meeting of Council, a majority of the Members of Council; and

(b) for a meeting of a Committee, or other body of the City, a majority of the voting members appointed.

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

Schedule "B"

Council Meetings

Inaugural meeting

1   (a) Following a general local election, the first Regular Council meeting will be held at 7:00 pm on the first Monday in November.

(b) 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 (a), the Corporate Officer will set another time or date for the first Council meeting, to be held as soon as reasonably possible after a Quorum has taken office.

Time and location of meetings

2   (a) Council meetings normally take place within the boundaries of the City at Abbotsford City Hall.

(b) Notwithstanding Subsection (a), and subject to Subsections (c) and (d), Council may meet at a place other than City Hall, or outside the boundaries of the City.

(c) Where a Council meeting is to be held at a place other than Abbotsford City Hall, the Corporate Officer will post a notice as to the alternate location at the Public Notice Posting Place.

(d) Regular Council meetings will:

(i) be held in accordance with the schedule of Council meetings, as approved by Council; and

(ii) begin at 7:00 pm, unless preceded by a Public Hearing.

(e) Notwithstanding Subsection (d), the Corporate Officer may, in consultation with the Mayor and City Manager, cancel, postpone, or reschedule a Regular Council meeting, and establish a different day, time or place for that meeting.

Notice of council meetings

3   (a) Council will prepare annually a schedule of dates, times and places of Regular Council, Executive Committee, and Committee of the Whole meetings, to be made available to the public by January 2nd in any year, by posting at the Public Notice Posting Place.

(b) The availability of the schedule for Regular Council, Executive Committee, and Committee of the Whole meetings of a calendar year will be published annually on or before December 31st of the preceding year.

(c) At least 24 hours before a Regular meeting of Council, the Corporate Officer will give public notice of the time, place, and date of the meeting by posting a notice and a copy of the Agenda, except for those meetings closed to the public, at the Public Notice Posting Place, and leaving copies of the Agenda at that place for the public.

(d) Where revisions to the annual schedule of Regular Council meetings are made as a result of a cancellation or a change to the date, time, and/or place of a Regular Council meeting, the Corporate Officer will post a notice at the Public Notice Posting Place.

Notice of special meetings

4   (a) Except where notice of a special meeting is waived by a unanimous vote of all Council Members, at least 24 hours before a special meeting of Council, the Corporate Officer will give public notice of the time, place and date of the special meeting by posting a notice, and a copy of the Agenda, except for those meetings closed to the public, in the Public Notice Posting Place.

Electronic participation at meetings

5   (a) Provided the conditions set out in Section 128 (2) of the Community Charter are met:

(i) a special Council meeting may be conducted by means of electronic or other communication facilities if:

(1) requested by the Mayor or Council members who called for the special meeting; or

(2) as directed by a resolution of Council.

(ii) a Member who is unable to attend at a Council meeting may participate in the meeting by means of visual and audio or audio electronic or other communication facilities.

(b) The Chair of the Council meeting and the Corporate Officer must be present in person at the place where the public may attend to hear, or watch and hear, the meeting referred to in Subsection (a).

Schedule "C"

Designation of Member to Act in Place of Mayor

Designation of member to act in place of Mayor

1   (a) Council must from amongst its Members designate a Councillor to serve as the Deputy Mayor, to act in the place of the Mayor, when the Mayor is absent, or otherwise unable to act, or when the office of the Mayor is vacant.

(b) From time to time, as required, Council may designate one (1) of its Members, to serve in the absence of the Mayor or Deputy Mayor, as an Acting Mayor if neither the Mayor nor the Deputy Mayor are available to act.

(c) The Deputy Mayor must fulfill the responsibilities of the Mayor in his or her absence.

(d) If both the Mayor and the Deputy Mayor are absent from a Council meeting, the Acting Mayor will preside at the Council meeting.

(e) The Deputy Mayor or Acting Mayor has the same powers and duties as the Mayor in relation to the applicable matter, while acting in the Mayor's absence.

Schedule "D"

Council Proceedings

Community Charter provisions

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

Attendance of public at meetings

2   (a) Except where the provisions of Section 90 of the Community Charter apply, all Council meetings, and Committee meetings, are open to the public.

(b) Before holding a meeting or part of a meeting that is to be closed to the public, Council will, by resolution passed in the open portion of the meeting, state the fact that the meeting or part of it is to be closed, and the basis for closing it under Section 90 of the Community Charter.

Minutes of meetings to be maintained and available to public

3   (a) Minutes of the proceedings of Council will be

(i) legibly recorded;

(ii) certified as correct by the Corporate Officer; and

(iii) signed by the Chair at the meeting or at the next meeting at which the minutes are adopted.

(b) Minutes of the proceedings of Council, other than minutes for a meeting or part of a meeting that was closed to the public, will be available for public inspection at Abbotsford City Hall during its regular office hours.

Calling meeting to order

4   (a) As soon after the time specified for a Council meeting as there is a Quorum present, the Mayor, if present, may take the Chair and call the Council meeting to order. Where the Mayor is absent, the Deputy Mayor or Acting Mayor may take the Chair and call the meeting to order.

(b) If a Quorum of Council is present but neither the Mayor nor the Deputy Mayor nor Acting Mayor attend after ten (10) minutes of the scheduled time for a Council meeting, or in the case where it is known that neither the Mayor, nor Deputy Mayor, nor the Acting Mayor will be in attendance:

(i) the Corporate Officer may call the meeting to order; and

(ii) the Members present may elect by simple majority, and a show of hands, a Member to preside at the meeting as the Chair.

Adjourning meeting where no quorum

5   If there is no Quorum of Council present after ten (10) minutes of the scheduled time for a Council meeting, the Corporate Officer must:

(a) record the names of the Members present; and

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

Agenda

6   (a) Prior to each Council meeting, the Corporate Officer will 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.

(b) Particular business at a Council meeting must in all cases be taken up in the order in which it is listed on the Agenda, unless otherwise resolved by Council.

(c) The Corporate Officer will make the Agenda available to the Members of Council before the meeting; and to the general public on the Friday afternoon before the meeting, by posting on the City's Website, except those meetings closed to the public.

(d) 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 8.

Order of proceedings and business

7   (a) The Agenda for all Regular Council meetings contains the following matters in the order in which they are listed below:

(i) Call to Order

(ii) Adoption of Minutes

(iii) Presentations

(iv) Delegations

(v) Business Out of Minutes

(vi) Reports

(vii) Bylaws to be Adopted

(viii) Minutes and Correspondence (Consent Agenda)

(ix) Committees

(x) Bylaws

(xi) New Business

(xii) Adjournment

Late items

8   (a) An item of business not included on the Agenda will only be considered at a Council meeting if Council, by a majority vote of all Members present, allows the inclusion of the late item.

(b) If a late item is to be included under Subsection (a), information pertaining to that item will be distributed to the Members as soon as practicable.

Delegations

9   (a) An individual or organization who wishes to appear before Regular Council, Executive Committee, or Committee of the Whole meeting as a delegation must submit a written request, on a form approved by the Corporate Officer, by 12:00 noon at least ten (10) working days prior to the meeting.

(b) Content of Request

The written request referred to in Subsection (a) must include:

(i) the name and address of the person who will address Council;

(ii) a description of the matter to be presented to Council;

(iii) the request being made of Council;

(iv) the reason for making the request;

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

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

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

(d) Addressing Council

(i) Subject to Subsection (h), an individual or organization may only address Council once within a 12 month period on one topic, and not more than every three (3) months on different topics.

(ii) The Mayor is authorized to refuse to schedule a delegation on an agenda if:

(1) 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;

(2) the matter deals with the City's labour relations or other employee relations;

(3) the item relates to litigation or potential litigation affecting the City;

(4) the Mayor considers the matter to be frivolous;

(5) the matter is outside the legal authority or jurisdiction of the City;

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

(7) the information considered in a Council Meeting that was closed to the public, unless that information has been lawfully released to the public by the City;

(8) the matter is related to a request for access to information under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c 165;

(9) the subject 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;

(10) the matter relates to compliance with City bylaws or policies;

(11) 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;

(12) the matter is an election campaign or election-related issue; or

(13) 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.

(e) If the delegation wishes to appeal the Mayor's decision, made under Subsection (d) the appeal must be in writing to the Corporate Officer and will be distributed under separate cover to Council for its consideration.

(f) Each delegation to Council is limited to ten (10) minutes, unless a longer period is agreed to by majority vote of those Members present.

(g) The Chair may deny a delegation to address or continue to address Council if the delegation is immoderately loud, profane, vulgar, makes offensive signs or gestures or addresses issues not within the written application under Subsection (a).

(h) Notwithstanding Subsection (d) (i), an individual or organization may address Council more than once in a 12 month period on one topic and more than every three (3) months on different topics, where that individual or organization is statutorily authorized to be heard by Council or required by law to be heard by Council.

(i) Where written application has not been received by the Corporate Officer, as prescribed in Subsection (a), an individual or delegation may only address the meeting if approved by a majority vote of the Members present.

Voting at meetings

10   The following procedures apply to voting at Council meetings:

(a) when debate on a matter is closed the Chair must put the matter to a vote of Council Members;

(b) when the Council is ready to vote, the Chair must put the matter to a vote by stating: "Those in favour raise your hands", and then "Those opposed raise your hands";

(c) when the Chair is putting the matter to a vote under Subsections (a) and (b) a Member must not:

(i) cross or leave the room;

(ii) make a noise or other disturbance; or

(iii) interrupt the voting procedure under Subsection (b), unless the interrupting Member is raising a point of order;

(d) after the Chair puts the question to a vote under Subsection (b), a Member must not speak to the question or make a Motion concerning it;

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

(f) whenever a vote of Council on a matter is taken, each Member present will signify their vote by raising their hand or by pushing the appropriate button on any automated voting system being used at the Council meeting; and

(g) 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

11   (a) The Chair must apply the correct procedure to a Motion:

(i) if the Motion is contrary to the rules of procedure in this Bylaw; and

(ii) whether or not another Council Member has raised a point of order in connection with the Motion.

(b) When the Chair is required to decide a point of order:

(i) the Chair must cite the applicable rule or authority if requested by another Council Member;

(ii) another Member must not question or comment on the rule or authority cited by the Chair under Subsection (b) (i); and

(iii) the Chair may reserve the decision until the next Council meeting.

Conduct and debate

12   (a) A Council Member may speak to a question or Motion at a Council meeting only if that Member first addresses the Chair.

(b) Members must address the Chair by that person's title of "Mayor", "Deputy Mayor", "Acting Mayor", or "Councillor".

(c) Members must address other non-Chairs by the title "Councillor".

(d) A Member must not interrupt a Member who is speaking except to raise a point of order.

(e) A Member must not engage in bullying or harassing behaviour in respect of a Council Member, Government Official or a City employee, which includes, but is not limited to:

(i) expressing a negative opinion about the personality or character of a Council Member, Government Official or City employee;

(ii) speaking disrespectfully about a Council Member, a Government Official or a City employee;

(iii) speaking or acting aggressively towards a Council Member, a Government Official or a City employee;

(iv) using offensive gestures or signs;

(v) questioning the motives of a Council Member, Government Official or City employee;

(vi) using rude or offensive language or engaging in rude or offensive conduct;

(vii) disrupting or unnecessarily delaying the conduct of business at the Council Meeting; or

(viii) speaking on electronic communication devices when a person or Council Member is speaking, except in the case of emergencies.

(f) If more than one (1) Member speaks at the same time, the Chair must call on the Member who, in the Chair's opinion, first spoke.

(g) Members who are called to order by the Chair:

(i) must immediately stop speaking;

(ii) may explain their position on the point of order; and

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

(h) Members speaking at a Council meeting:

(i) must speak only in connection with the matter being debated;

(ii) may speak about a vote of Council only for the purpose of making a Motion that the vote is rescinded; and

(iii) 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.

(i) If a Member does not adhere to Subsection (h), the Chair may order the Member to leave the Member's seat and in the event the Member:

(i) refuses to leave, the Chair may cause the Member to be removed by a peace officer from the Member's seat; or

(ii) apologizes to the Council, Council may, by resolution, allow the Member to retake the Member's seat.

(j) A Member may require the question being debated at a Council meeting to be read at any time during the debate if that does not interrupt another Member who is speaking.

(k) The following rules apply to limit speech on matters being considered at a Council meeting:

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

(1) the Chair permits the Member to speak more than twice, or

(2) if the Member is explaining a material part of a previous speech without introducing a new matter;

(ii) a Member who has made a substantive Motion to the Council may reply to the debate;

(iii) a Member who moved a Motion under consideration may open and close debate on the matter; and

(iv) a Member who has moved an amendment, the previous question, or an instruction to a Committee may not reply to the debate.

Procedures for Motions

13   (a) Every Motion will be recorded in writing.

(b) Debate will not be permitted, unless a Motion is before Council.

(c) If a Member requests to introduce a Motion, the Member must have approval of the Chair before introducing the Motion. 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. The Chair may also direct that the Motion be placed on a subsequent meeting agenda for consideration by Council.

(d) When a Motion is made and seconded, the Chair will propose it as a question to open the debate.

(e) The Chair will put the question to close the debate.

(f) Once stated or read, a Motion is deemed possessed by Council, and may only be withdrawn by the mover and seconder.

(g) The Chair may speak to a Motion in his or her capacity as Chair.

Motions generally

14   (a) Council may debate and vote on a Motion only if it is first made by one Council Member and then seconded by another.

(b) A Motion that deals with a matter that is not on the Agenda of the Council meeting at which the Motion is introduced may be introduced with the Chair's permission.

(c) A Council Member may make only the following Motions, when the Council is considering a question:

(i) to refer the matter;

(ii) to amend;

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

(iv) to put the question; or

(v) to adjourn.

(d) A Motion made under Subsection (c) (ii) to (v) is not amendable or debatable.

(e) Council must vote separately on each distinct part of a question that is under consideration at a Council meeting if requested by a Council Member.

Motion to commit

15   Until it is decided, a Motion made at a Council meeting to refer to Committee precludes an amendment of the main question.

Motion for the main question

16   (a) In this Section, "main question", in relation to a matter, means the Motion that first brings the matter before the Council.

(b) At a Council meeting, the following rules apply to a Motion for the main question, or for the main question as amended:

(i) if a Member of Council 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; and

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

Amendments Generally

17   (a) Scope of Amendments

(i) The amendments permitted may take the form of deletion, addition, or substitution of words or figures, provided such deletions, additions or substitutions do not, in the opinion of the Chair affect the intent of the original Motion.

(ii) A proposed amendment must be reproduced in writing by the mover if requested by the Chair.

(b) Amending Motions

(i) A 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.

(ii) When an amendment to a Motion has been moved and seconded, a Member may request that the original Motion and the amendment be stated, with the debate being limited to the amendment only.

(iii) 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.

(iv) 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.

(c) Sub-Amendments

(i) A Member may propose a sub-amendment to an amendment.

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

(d) Order of Voting

(i) The Chair must put the main question and its amendments in the following order for the vote of Council:

(1) a sub-amendment;

(2) an amendment to the original Motion; and

(3) the original Motion.

Notice of Motion

18   If a Council Member wishes to give notice, at a meeting, of his or her intention to move a Motion at a future meeting:

(a) the Council Member must first deliver to the Mayor, City Manager and Corporate Officer, at the meeting, a written notice of Motion;

(b) the notice of Motion must set out all of the details of the Motion;

(c) the notice of Motion must stipulate the date of the meeting at which the Council Member intends to move the motion;

(d) the Mayor may require the Council Member, or Corporate Officer, to read aloud the notice of Motion; and

(e) the Corporate Officer must add the Motion to the Agenda for the meeting as indicated in Subsection (c).

Inadmissible Motions

19   (a) If the Chair considers that a Motion is contrary to law (including this Bylaw), the Chair must inform Council at once and refuse to permit debate on the proposed Motion, and refuse to put the question to a vote.

(b) 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.

(c) The Chair must immediately give reasons for any refusal made pursuant to Subsection (a).

Privilege

20   (a) In this Section, a matter of privilege refers to any of the following Motions:

(i) fix the time to adjourn;

(ii) adjourn;

(iii) recess;

(iv) raise a question of privilege of the Council; and

(v) raise a question of privilege of a Member of Council.

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

(c) For the purposes of Subsection (b), a matter of privilege listed in Subsection (a) has precedence over those matters subsequently listed.

Reconsideration by Council Member

21   (a) Subject to Subsection (f), a Council Member may, at the next Council meeting:

(i) move to reconsider a matter on which a vote has been taken; and

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

(b) After a question or issue has been decided, any Council Member may, at the same or at the next meeting, move for reconsideration. No discussion of the question or issue will be allowed, unless the Motion to reconsider is carried. No question will be reconsidered more than once.

(c) A Council Member who voted affirmatively for a resolution adopted by Council may at any time move to rescind that resolution.

(d) Council must not discuss the main matter referred to in Subsection (a), unless a Motion to reconsider that matter is adopted in the affirmative.

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

(f) Council may only reconsider a matter that has not:

(i) had the approval or assent of the electors and been adopted;

(ii) been reconsidered under Subsection (a) or Section 131 of the Community Charter; or

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

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

(h) A bylaw, resolution, or proceeding that is reaffirmed under Subsection (a) or Section 131 of the Community Charter is as valid and has the same effect as it had before reconsideration.

Adjournment

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

(b) Subsection (a) does not apply to either of the following Motions:

(i) a Motion to adjourn to a specific day; and

(ii) a Motion that adds an opinion or qualification to a preceding Motion to adjourn.

Schedule "E"

Copies of proposed bylaws to Council Members

1   A proposed bylaw may be introduced at a Regular Council meeting only if a copy of it is delivered to each Council Member before the Council meeting, or all Council Members unanimously agree to waive this requirement.

Form of bylaws

2   (a) A bylaw introduced at a Council meeting must:

(i) be printed;

(ii) have a distinguishing name;

(iii) have a distinguishing number; and

(iv) be divided into Sections.

(b) The resolution required for first reading of a bylaw shall be: "That Bylaw No. ___, cited as "____________________________", be read a first time".

(c) The resolution required for first and second readings of a bylaw shall be: "That Bylaw No. ___, cited as "____________________________", be read a first and second time".

(d) Subject to any statutory requirements, bylaws considered by Council may be given three readings with one resolution at any meeting by stating: "That Bylaw No. ___, cited as "____________________", be read a first, second and third time".

Bylaws to be considered separately or jointly

3   Council must consider a proposed bylaw at a Regular Council meeting, 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

4   (a) The Chair of a Regular Council meeting may:

(i) have the Corporate Officer, or designate, read a synopsis of each proposed bylaw or group of proposed bylaws; and then

(ii) request a Motion that the proposed bylaw or group of bylaws be read.

(b) All readings of a bylaw may be given in an abbreviated form, but all or any part of a bylaw will be read if Council so directs.

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

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

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

(f) Council will consider every bylaw, which is the subject of a Public Hearing, at the next scheduled Regular Council meeting following the Public Hearing and may, by resolution, do any of the following:

(i) give the bylaw up to three (3) readings;

(ii) deny readings of the bylaw;

(iii) not proceed with the bylaw;

(iv) amend the bylaw;

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

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

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

(viii) refer the bylaw back to staff for a follow up report to address questions raised at the Public Hearing, or Regular Council meeting; or

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

(g) 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 bylaw receives three (3) readings.

(h) 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.

(i) Adoption Motion Bylaws considered by Council for adoption shall be adopted with the Motion: "That Bylaw No. _______, cited as "__________________", be adopted."

Bylaws must be signed

5   After a bylaw is adopted, and signed by the Corporate Officer and the Chair of the Council meeting 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 readings and adoption;

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

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

Schedule "F"

Expulsion from Council Meetings

Expulsion from Council Meetings

1   (a) Pursuant to Section 133 of the Community Charter, a person who contravenes the general rules of conduct may be ordered expelled from a meeting.

(b) If a Council Member is of the opinion that a person has contravened the general rules of conduct, the Council Member must state on the record how the general rules of conduct were contravened.

(c) If the person presiding at the Council meeting is of the opinion that the named person did not contravene the general rules of conduct, the person presiding must state on the record why they believe the rules of conduct were not contravened.

(d) If a Council Member alleges a contravention of the general rules of conduct and the person presiding at the Council meeting is of the opinion that the named person contravened the general rules of conduct, the person presiding shall:

(i) permit the person to apologize immediately to Council for the conduct that contravened the Bylaw; or

(ii) order the person to leave the Council Meeting immediately.

(e) If a person who has contravened the general rules of conduct is permitted to apologize and does so apologize, the person presiding shall:

(i) permit the person to remain in the Council Meeting; or

(ii) order the person to leave the Council Meeting immediately if the person presiding at the Council meeting is of the opinion that the apology was inadequate.

(f) If a person does not voluntarily comply with an order to leave the Council meeting, that person may be removed from the Council Meeting by a peace officer, pursuant to Section 133(2) of the Community Charter.

(g) If a person repeatedly contravenes the General Rules of Conduct set out in this bylaw, Council may adopt a resolution authorizing legal counsel to pursue legal remedies against the person.

Schedule "G"

Executive Committee of Council

Authority of Executive Committee

1   The Council appoints all Members to the Executive Committee and delegates to the Executive Committee all of its powers, duties and functions except those that may not be delegated as set out in Section 154(2) of the Community Charter; those under sections 498, 502, 512 and Part 15 - Heritage Conservation of the Local Government Act, and any other provision of an enactment specifically prohibiting a delegation under Section 154 of the Community Charter; and awards of contracts.

Chairing of Executive Committee meeting

2   The Executive Committee meeting will be chaired by the Mayor.

Time and location of Executive Committee meetings

3   (a) Executive Committee meetings will:

(i) be held in accordance with the schedule of Council meetings, as approved by Council; and

(ii) when scheduled for a Monday that is a statutory holiday, be held on an alternatively scheduled Monday.

(b) The Corporate Officer, in consultation with the Mayor and City Manager, may cancel, postpone, or reschedule an Executive Committee meeting, from time to time, as required.

Notice of Executive Committee meetings

4   Notice of Executive Committee meetings are set out in Schedule "B" of this Bylaw.

Executive Committee meeting proceedings

5   Unless otherwise stated, all proceedings related to Council meetings as detailed in Schedule "D" of this Bylaw apply to Executive Committee meetings.

Agenda

6   (a) An Agenda item from any Member of Council may be submitted in writing to the Corporate Officer and include relevant explanatory information and background. The Corporate Officer may place the item on an upcoming Agenda for consideration, subject to the approval of the Mayor.

(b) The Agenda for all Executive Committee meetings contains the following matters in the order in which they are listed below:

(i) Call to Order

(ii) Adoption of Minutes

(iii) Presentations

(iv) Delegations

(v) Business Out of Minutes

(vi) Reports

(vii) New Business

(viii) Adjournment

Schedule "H"

Committee of the Whole

Authority of Committee of the Whole

1   Council appoints all Members to the Committee of The Whole. The Committee of The Whole has no decision making authority.

Chairing of Committee of the Whole Meeting

2   A Committee of the Whole meeting will be chaired by the Mayor.

Time and location of Committee of the Whole meetings

3   (a) Committee of the Whole meetings will be held in accordance with the schedule of Council meetings, as approved by Council.

(b) The Corporate Officer, in consultation with the Mayor and City Manager, may cancel, postpone, or reschedule a Committee of the Whole meeting, from time to time, as required.

Notice of Committee of the Whole meetings

4   Notice of Committee of the Whole meetings are set out in Schedule "B" of this Bylaw.

Committee of the Whole Meeting proceedings

5   Except for time allotted to speak to a matter, and unless otherwise stated, all proceedings related to Council meetings as detailed in Schedule "D" of this Bylaw apply to Committee of the Whole meetings.

Agenda

6   (a) An Agenda item from any Member of Council may be submitted in writing to the Corporate Officer and include relevant explanatory information and background. The Corporate Officer may place the item on an upcoming Agenda for consideration, subject to approval by the Mayor.

(b) The Agenda for all Committee of the Whole meetings contains the following matters in the order in which they are listed below:

(i) Call to Order

(ii) Adoption of Minutes

(iii) Presentations

(iv) Delegations

(v) Business Out of Minutes

(vi) Reports

(vii) New Business

(viii) Adjournment