THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 95-2005
 
A by-law to amend By-law 54-1999, as amended by By-law 61-2001, being a by-law to govern the calling, place, and proceedings of the meetings of Council and its committees and the conduct of their members.


WHEREAS the Council of the Regional Corporation has by Resolution 1999-914 adopted on 8th July, 1999 authorized a by-law to govern the proceedings of Council and its committees pursuant to Section 11 and Subsections 13(2) and 14(2) of the Regional Municipalities Act, R.S.O. 1990, c. R.8 as amended and Section 55 of the Municipal Act, R.S.O. 1990, c. M.45, as repealed and replaced by the Municipal Act, 2001, S.O. 2001, c.25, as amended, herein referred to as the "Municipal Act, 2001";

AND WHEREAS the Council of the Regional Corporation has by Resolution adopted on the 17th November, 2005 authorized the enactment of an amending by-law to By-law 54-1999, as amended, pursuant to Section 238 (2) of the Municipal Act, 2001, and the Regional Municipality of Peel Act, 2005, S.O. 2005, c. 20;

NOW THEREFORE the Council of the Regional Corporation enacts as follows:

1. That Part I, Section 2, paragraph (a) be deleted and the following substituted therefor: "Committee" means any advisory or other committee, subcommittee or similar entity of which at least 50 per cent of the members are also members of one or more councils."

2. That Part I, Section 2, paragraph (m) be deleted and the following substituted therefor: "Regional Chair" means the Chair of the Council appointed under the Regional Municipality of Peel Act, 2005 and the Municipal Act, 2001.

3. That Part I, Section 2, paragraph (n) be deleted and the following substituted therefor: "Regional Clerk" means the Clerk of the Region appointed under the Municipal Act, 2001 and shall include the Acting Regional Clerk when exercising the authority of the Regional Clerk.

4. That Part II, Section 1, paragraph (a) be deleted and the following substituted therefor: "The Regional Chair shall be appointed by Council at its Inaugural Meeting in accordance with the procedures contained in Appendix 1 - Appointment of the Regional Chair - Voting Procedures."

5. That Part III, Section 2, paragraph (g) be deleted and the following substituted therefor: "All meetings of Council and committees shall be held in the Council Chambers at 10 Peel Centre Dr., Brampton or at such other place within the Regional area as is specified in the notice calling the meeting or at Council's public offices".

6. That Part IV, Section 1, paragraph (c) be deleted and the following substituted therefor: "Should a General Committee or Peel Housing Corporation Board of Directors meeting be unable to consider all agenda items in the allotted time, the Regional Chair or the President of Peel Housing Corporation Board of Directors shall call for a motion to:

i. adjourn and all outstanding matters shall be placed on the next regularly scheduled meeting agenda; or,

ii. recess and reconvene the same day provided this does not conflict with other regularly scheduled Committee or Peel Housing Corporation Board of Directors meetings,

unless the Regional Chair or the President of Peel Housing Corporation Board of Directors agrees to allow the preceding General Committee or Peel Housing Corporation Board of Directors to complete its agenda."

7. That Part IV, Section 1, paragraph (d) be deleted and the following substituted therefor: "In the case of General Committee, the order of consideration of departmental reports shall rotate. In the instance where a meeting of the Peel Housing Corporation Board of Directors occurs immediately prior to a General Committee meeting, reports from the Housing and Property Department shall precede all others."

8. That Part IV, Section 4, paragraph (c) and (d) be deleted and the following substituted therefor:

"(c) Subject to paragraph (d), upon receipt of written notice requesting listing as a delegation, the Regional Clerk shall list the delegation requested on the next appropriate Committee meeting agenda, in accordance with the following:

(i) if such request for delegation is received by the Clerk before the time that the Committee meeting agenda is finalized for printing the Clerk shall list the delegation on the Committee meeting agenda and if the delegation wishes to address an item already on the Committee meeting agenda the reference to the related item shall be noted;

(ii) if such request for delegation is received by the Clerk after the Committee meeting agenda has been finalized for printing, the person or persons making the request shall be advised that they may attend the meeting and the Clerk shall advise the Chair or the Committee Chair at the time of the approval of the agenda at the meeting of such requests for delegation, for determination by the Committee if they will be heard.

(iii) Any delegation for which there is no staff report shall be received without comment on the subject and the matter shall be referred to staff for a report, unless there is a majority vote to simply "receive" the delegation.

(d) Upon receipt of a written notice requesting listing as a delegation to a meeting of Regional Council, the Clerk shall list the delegation requested on the next appropriate Council meeting agenda only in the following circumstances:

(i) the matter is one which is to be dealt with by the Council at its next regular meeting and, at the date of the request, the matter was already dealt with at a previous meeting of General Committee, or is not anticipated to be considered by General Committee at all;

(ii) the person requesting the delegation has already appeared as a delegation on the same matter at a previous General Committee meeting and the request is to be listed on the Council agenda at which the matter is to be dealt with by Council; or

(iii) the listing of the delegation to Council is approved by the Regional Chair.

(e) The Clerk shall notify the person who requested the delegation of the decision made under paragraphs (c) and (d), and if appropriate, the date and time of the Committee or Council meeting to which the delegation is directed."

9. That Part IV, Section 6, paragraph (b) be deleted and the following substituted therefor: "All correspondence received from municipalities and local boards outside of the Region of Peel requesting endorsement or consideration of resolutions, or from other entities which is deemed by the Regional Clerk to be of interest to members of Regional Council, including notices of upcoming workshops, seminars and conferences, shall:"

10. That Part IV, Section 7, paragraph (c), subsection (ii) be deleted and the following substituted therefor: "to accept, assume and dedicate, pursuant to section 31 (6) of the Municipal Act, 2001, lands acquired by the Region for the purpose of widening the public highways forming part of the Regional Roads System or for the purpose of permitting an access to such highways at locations approved pursuant to the Controlled Access By-law 59-77, as amended."

11. That Part IV, Section 8, paragraph (c), subsection (iii) be deleted and the following substituted therefor: "a proposed or pending acquisition or disposition of land by the municipality or local board."

12. That Part IV, Section 8, paragraph (c), subsection (vi) be deleted and the following substituted therefor: "advice that is subject to solicitor-client privilege, including communications necessary for that purpose".

13. That the title of Appendix I of By-law 54-1999, as amended, be deleted and the following substituted therefor: "APPOINTMENT OF THE REGIONAL CHAIR - VOTING PROCEDURES."

14. That Appendix I, Section 3 paragraph (f), subsection (i), attached to By-law 54-1999, as amended, be deleted and the following substituted therefor: "The nominee requires a majority of votes to be appointed to the position of Regional Chair."

15. That Appendix I, Section 3 paragraph (g), subsection (i), attached to By-law 54-1999, as amended, be deleted and the following substituted therefor: "The nominee who receives a majority of votes becomes the nominee named by resolution as the nominee for appointment to the position of Regional Chair. A majority vote on this resolution appoints the nominee to the position of Regional Chair."

16. That Appendix I, Section 3, paragraph (g), subsection (ii), attached to By-law 54-1999, as amended, be deleted and the following substituted therefor: "If there is a tie vote, the Regional Clerk shall declare a 10 minute recess to allow Council time to consider the matter, after which the vote shall be retaken. If the vote is again tied, the Regional Clerk shall declare a second 10 minute recess, after which the vote shall be retaken. If the vote is again tied, the vacancy shall be filled by the nominee selected by lot. The name drawn becomes the nominee named by resolution as the nominee for appointment to the position of Regional Chair. A majority vote on this resolution appoints the nominee to the position of Regional Chair."

17. That Appendix I, Section 3, paragraph (h), subsection (i)(1), attached to By-law 54-1999, as amended, be deleted and the following substituted therefor: "A nominee who receives a majority of votes becomes the nominee named by resolution as the nominee for appointment to the position of Regional Chair. A majority vote on this resolution appoints the nominee to the position of Regional Chair."



READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 15th day of December, 2005.

A. Macintyre
________________________

Deputy Clerk

E. Kolb
______________________

Regional Chair