THE REGIONAL MUNICIPALITY OF PEEL
 
BY-LAW NUMBER 100-2012
 

A by-law to govern the calling, place, and proceedings of the meetings of Council and its committees and the conduct of their members and to repeal By-laws 57-2006, 122-2007 and 61-2008.


WHEREAS the Council of the Regional Corporation has by Resolution on 22nd day of November, 2012 authorized the passing of a by-law to govern the proceedings of Council and its committees pursuant to Section 238(2) of the Municipal Act, S.O. 2001, Chapter 25, as amended, and the Regional Municipality of Peel Act, 2005, S.O. 2005, Chapter 20;

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

I. GENERAL

1. RULES OF PROCEDURE

(a) Subject to the provisions of any applicable statutes, the calling, place and proceedings of meetings of Council and its committees and the conduct of their members, shall be governed by the rules and procedures contained in this by law and the provisions of this by law may be referred to as the "Rules of Procedure".

(b) Where any matter related to the conduct of meetings is not expressly or by necessary implication provided for in this by law, the rules of procedure as contained in Robert's Rules of Order shall be followed for governing the proceedings of Council and its committees and the conduct of their members.

(c) The Rules of Procedure may be suspended with respect to the consideration of one or more matters or questions during the course of a single meeting by a two thirds vote.

(d) Informal meetings of Council or committee may be called and during any such informal meetings, no motion may be presented to the meeting and no resolution or by-law may be passed provided that a notice of motion may be tabled for consideration at a subsequent formal meeting of Council or committee as the case may be.

2. DEFINITIONS

(a) "by-law" means an enactment of Council in writing described on its face as a by-law of The Regional Municipality of Peel, the original of which has been authenticated by the signatures of the Regional Chair or Acting Regional Chair and the Regional Clerk or Deputy Clerk and ‘by-law' may be used to refer to the written document presented to Council for enactment as a by-law where the context requires.

(b) "committee" means any advisory committee or other committee, subcommittee or similar entity, of which at least 50 per cent of the committee members are members of Regional Council and have the right to designate another person or member of Council to attend and vote in that member's absence.

(c) "Committee Chair" means the chair of a committee.

(d) "committee recommendation" means a resolution passed by a committee that is intended for adoption as a resolution by Council.

(e) "committee report" means the minutes of a committee meeting containing committee recommendations.

(f) "Council Section" means the section under which reports, correspondence and presentations on the agenda are grouped, and shall include but not necessarily limited to Health Services, Human Services, Management and Public Works, but shall not include the matters to be considered In Camera.

(g) "Council Section Chair" means the Chair of a Council Section.

(h) "delivery" or "agenda delivery" means the manner of distributing the agendas to Members of Council, and the Regional Chair including hand-deliver, distributed via courier, electronic means and/or e-mail not less than 48 hours prior to a Council or committee meeting.

(i) "eligible to vote" means whether a member has the right to vote at a meeting, and at a meeting of Council every member present other than the Presiding Officer has the right to vote, except in the case of an equality of votes in which case the Presiding Officer shall have a vote, and at any committee meeting every member present including the Presiding Officer has the right to vote.

(j) "ex-officio" means the virtue of the office or position. The Regional Chair is an ex-officio member of all committees who shall have the full voting privileges and be counted for quorum.

(k) "Inaugural Meeting" means the first meeting of Regional Council following a regular election at which Regional Council is required to appoint a Chair.

(l) "In Camera" means that part of a meeting that is closed to the public, other than those persons specifically invited by Council or Committee to remain and may also be referred to as "Closed Session".

(m) "Investigator" means the person or agency retained by the Region of Peel to conduct closed session investigations or appeals.

(n) "majority vote" means more than half of the votes cast by the members who are present and eligible to vote.

(o) "meeting" includes any regular, special, informal or other meeting of Council or committee.

(p) "member" means a Regional Councillor and includes the Regional Chair, except that in respect of an advisory committee it shall also refer to committee members who are not members of Regional Council provided that any such committee member shall not have the right to designate another person or member of Council to attend and vote in that member's absence.

(q) "motion" means a proposal by a member presented in a meeting in accordance with the Rules of Procedure, that Council resolve and effect a decision and includes a committee recommendation contained in a committee report.

(r) "Presiding Officer" means the Regional Chair or the Council Section Chair or the Committee Chair while they are presiding at a meeting, and such other person as may be authorized or appointed to preside at a meeting in their absence under the Rules of Procedure, while so presiding.

(s) "quorum" means a majority of members representing all lower-tier municipalities at Council meetings or a majority of the total number of committee members. It also means the number of members present and not the number of those actually voting.

(t) "recorded vote" means a vote in which the votes of all members voting are recorded showing the names, whether they voted in favour or opposed or abstained.

(u) "Regional Chair" means the Chair of the Council appointed under the Regional Municipality of Peel Act, 2005.

(v) "Regional Clerk" and "Clerk" means the Clerk of the Region appointed under the Municipal Act, 2001 and shall include a "Deputy Clerk" and any other employee of the Regional Corporation to whom the Regional Clerk has delegated any of the Clerk's powers and duties under the Municipal Act, 2001 to the extent that they are authorized to perform any of the duties of the Clerk under this by-law.

(w) "resolution" means the decision on any motion passed or committee recommendation adopted in a meeting of Council.

(x) "two thirds vote" means at least two thirds of the votes cast by members who are present and eligible to vote.

(y) "Vice-Chair" refers to the Vice-Chair of a Council Section or the Vice-Chair of a committee as the context requires.

II. REGIONAL CHAIR

1. GENERAL

(a) The Regional Chair shall be appointed by Council at its Inaugural Meeting in accordance with the procedures as set out in Appendix 1 - Appointment of the Regional Chair. For the purpose of clarity, the Regional Chair appointed by the previous Council is not entitled to vote for the appointment of the Regional Chair at the Inaugural Meeting, under any circumstances.

(b) The Regional Chair shall be an ex officio member of all committees, shall be counted in determining the size of the committees and quorum, and shall be entitled to all the rights of membership in the committees, including making motions and voting.

(c) The Regional Chair shall not be eligible to be a Council Section Chair or Vice-Chair but may preside in place of a Council Section Chair or Vice-Chair when both are absent from a meeting.

(d) The Regional Chair may not vote in a Council meeting except in the event of an equality of votes.

2. DUTIES

(a) The Regional Chair shall be the Presiding Officer at meetings of Council and it shall be the duty of the Regional Chair:

(i) to call the members to order, call the roll, announce the business before Council and conduct the meeting in accordance with the Rules of Procedure;
(ii) to receive and put to a vote all motions, resolutions and by-laws presented by the members of Council and to announce the result;
(iii) to enforce the Rules of Procedure;
(iv) to preserve order and decide points of order;
(v) to expel or exclude from any meeting any person who has been determined to be guilty of improper conduct at the meeting;
(vi) where it is not possible to maintain order, the Regional Chair may, without any motion being put, adjourn the meeting to a time to be named by the Regional Chair;
(vii) to authenticate by signature all by laws, resolutions, and minutes of Council; and
(viii) to preside over Council Sections in the absence of the Council Section Chair and Vice-Chair.

3. REGIONAL CHAIR ABSENT

(a) During all absences of the Regional Chair, or if the Office of the Regional Chair becomes vacant, each member of Council in rotation is hereby appointed Acting Regional Chair from time to time in the place and stead of the Regional Chair during the calendar month for which that member is designated on the Acting Regional Chair list prepared by the Regional Clerk.

(b) At the beginning of each term of Council the Regional Clerk shall prepare an Acting Regional Chair list designating each member, other than the Regional Chair, for each calendar month during the term by first listing the members who were members of Council during the immediately preceding term in alphabetical order, then followed by the newly elected members in alphabetical order, then followed by all members in alphabetical order as are needed to complete designations for each calendar month during the term.

(c) Should any member be unable to carry out the duties of Acting Regional Chair during the month for which the member is designated, the next member on the list is hereby appointed as Acting Regional Chair during such inability. At such time as the originally designated member is able to carry out the duties of Acting Regional Chair in that same month, the appointment shall return to that member.

(d) If the Regional Chair is known to be absent or if the Regional Chair does not attend a meeting of Council within 15 minutes after the time appointed, the Acting Regional Chair shall call the members to order, and if a quorum is present, shall preside during the meeting or until the arrival of the Regional Chair.

(e) The Acting Regional Chair is authorized to exercise the powers and carry out the duties of the Regional Chair while so acting, save and except that the Acting Regional Chair shall have one vote on any question at a meeting of Regional Council and shall not be permitted to have a casting vote following an equality of votes.

(f) The Regional Chair shall formally advise Council of any intention to be absent from the office for a period longer than three consecutive weeks.

III. MEETINGS

1. INAUGURAL MEETING Council

(a) The Inaugural Meeting shall be held after the councils of the area municipalities have held their first meetings, but in any event, not later than the 14th day following the day on which the term of office commences.

(b) The Regional Clerk shall call the Inaugural Meeting at such time as may be appropriate unless the time has been determined by the previous Council.

(c) The place of the Inaugural Meeting shall be rotated among the area municipalities of Brampton, Caledon, and Mississauga, in that order, unless otherwise directed by Regional Council.

(d) The Regional Clerk shall preside at the Inaugural Meeting until the Regional Chair is appointed and has taken the required declaration of office.

2. REGULAR MEETINGS Council and Committees

(a) The schedule of regular meetings of Council and such other committees as have been struck by Council shall be established by Regional Council on an annual basis in September for the next calendar year. The Regional Clerk shall prepare and present a draft schedule of regular meetings to Regional Council in the month of September each year.

(b) The draft schedule of regular meetings prepared by the Regional Clerk shall provide for the following:

(i) all regular Council meetings will be held on a Thursday beginning at 9:30 a.m.;
(ii) there shall be a two week rotation of meetings of Council to be followed by Committee meetings as follows:

a. Week 1 and Week 3 – Committee meetings
b. Week 2 and Week 4 – Council meetings
c. Week 5 – Regional business days;

(iii) despite the two week rotation there shall be no Council or committee meetings during the week designated by the Peel School Boards for the March break or during the week before or after Christmas or the week after New Year's or during the month of October in the year of a regular election;
(iv) during July, there shall be only one meeting which shall be held on the first or second Thursday of the month in order to accommodate the Canada Day Statutory Holiday, which shall be a meeting of Council; and
(v) public notice of all regularly scheduled meetings of Council and committees shall be given by posting on the Region of Peel website, the schedule of regular meetings for the ensuing year as approved by Regional Council pursuant to Part Ill Section 2 of this By-law.

(c) Notwithstanding the foregoing, the schedule of regular meetings established by Council may vary from the requirements of clause III-2(b) as Council may determine.

(i) public notice of all meetings not shown on the schedule of regular meetings shall be given by posting on the Region of Peel website a Notice of the meeting in a form sufficient to indicate the date, time and location of the meeting and the nature of the matters to be considered, at least 48 hours before the meeting is to be held.

(d) Unless otherwise directed by Council, all Thursdays shall be considered as Regional business days to be held available by members for meetings of Council or committee.

(e) Council may at any time cancel or postpone any regular meeting of Council or any other committee.

(f) In consultation with the Regional Clerk and Chief Administrative Officer, the Regional Chair may cancel or reschedule a meeting of Regional Council.

(g) In consultation with the Regional Clerk and Chief Administrative Officer, a Committee Chair may cancel or reschedule his or her committee meeting.

(h) In addition to the schedule of regular meetings, the Regional Chair may call a meeting of Council upon 48 hours notice to all members.

(i) Committees shall meet at such date, time and place as Council or the committees themselves decide or at the call of the Committee Chair with 48 hours notice, in accordance with III-2c(i).

(j) No committee shall meet while Council is in session.

(k) Seating at Council meetings shall be in alphabetical order of the members' surnames, with the first member seated closest to the left of the seat provided for the Regional Chair.

(l) All meetings of Council and committees shall be held in the Council Chamber at 10 Peel Centre Drive, Suite A, Brampton or at such other place within the Regional area as is specified in the notice calling the meeting or as may be determined by Council or the committee as the case may be.

(m) A regular meeting of Council shall not carry on past 3:30 p.m. except that Council may pass a by-law confirming the proceedings of the meeting and may pass a resolution to carry on past that time. Subject to a resolution to the contrary, the meeting shall be adjourned at 3:30 p.m. and the business on the agenda for that meeting and which was not dealt with at that meeting shall be placed on the agenda for the next regular meeting of Council.

(n) When a meeting of Council commences before noon and carries on or is likely to carry on after noon, subject to a resolution to the contrary, the Presiding Officer shall call a recess between noon and 12:30 p.m. for the purpose of a half hour lunch break.

(o) Any meeting may by resolution be recessed from time to time to resume at the location and at the time and date stated in the resolution.

3. SPECIAL MEETINGS – Council and Committees

(a) Upon notice as set out in clause III-3(c) the Regional Chair may at any time summon a special meeting of Council, and upon receipt of the petition of the majority of the members of Council, the Regional Clerk shall summon a special meeting for the purpose and at the time and place mentioned in the petition.

(b) Upon notice as set out in clause III-3(c) a Committee Chair may at any time summon a special committee meeting of their respective committee, and upon receipt of the petition of the majority of the committee members, the Regional Clerk shall summon a special meeting for the purpose and at the time and place mentioned in the petition.

(c) Special meetings summoned under clauses (a) and (b) shall not be held unless written notice of the special meeting detailing date, time and place and the matters to be considered at the meeting is delivered not less than 48 hours before the time set for the meeting, to all members personally or at the members' municipal offices or residences or by electronic means.

(i) public notice of special meetings as set out in clause III-3(a) shall be given by posting on the Region of Peel website a Notice of the meeting in a form sufficient to indicate the date, time and location of the meeting and the nature of the matters to be considered at least 48 hours before the meeting is to be held.

4. MEETINGS OF COUNCIL FOR EMERGENCIES

(a) Despite any other provisions of this By-law, a meeting of Council for an emergency may be called by the Regional Chair, without written notice, to deal with an emergency, provided that an attempt has been made by the Clerk to notify members about the meeting as soon as possible and in the most expedient manner available.

(b) The only business to be dealt with at a meeting of Council for an emergency shall be business dealing directly with the emergency.

(c) The lack of receipt of a notice of, or an agenda for, a meeting of Council for an emergency by any Member of Council shall not affect the validity of the meeting or any action taken at such meeting.

5. QUORUM Council and Committees

(a) Thirteen members of Council, including at least one member representing each area municipality, are necessary to form a quorum at a meeting of Council. The Regional Chair shall be counted in determining quorum.

(b) A quorum for a committee is a majority of the total number of committee members and does not require that all three area municipalities be represented, unless required under the committee's Terms of Reference as approved by Council. The Regional Chair shall be counted in determining quorum.

(c) No meeting shall commence or conduct business unless quorum is present.

(d) If no quorum is present 30 minutes after the time appointed for a meeting of Council or committee, the Presiding Officer shall call the roll and the Regional Clerk shall record the names of the members present and the members shall then be discharged.

(e) If during the course of a meeting quorum is lost, then the meeting shall be deemed to have recessed for 30 minutes to reconvene when quorum is regained. If quorum is not regained within 30 minutes then the Presiding Officer shall call the roll and the Regional Clerk shall record in the minutes the names of those present, and the meeting shall stand adjourned.

(f) If a meeting of Council or committee stands adjourned for lack of quorum, the business on the agenda for that meeting which was not dealt with at that meeting shall be placed on the agenda for the next regular meeting of that body.

(g) Notwithstanding clauses III-5 (c), (d) and (e), where no quorum is present, members who are present at the time and place set for the meeting may receive submissions or information from the public or staff unless the submissions or information are in respect of a hearing required under statute. No minutes shall be kept on such occasions.

IV. MEETING PROCEEDINGS

1. AGENDA Council and Committees

(a) The Regional Clerk shall prepare a draft agenda for all meetings of Council and committees. The Regional Clerk may amend the draft agenda by adding matters to or deleting matters from the draft agenda at any time before the commencement of the meeting.

(b) Before considering any business at a meeting for which a draft agenda or amended draft agenda has been prepared, Council or committee as the case may be, shall by resolution approve or amend and approve the draft agenda or amended draft agenda as the agenda for the meeting. A motion to further amend the agenda following its approval shall require a two-thirds vote.

(i) Despite section IV-1(b) above, or any provision of this by-law to the contrary, any member of Council or committee, at any time whether before or after the approval of the agenda, may move a motion without the need for the motion to be seconded, if made in Council, that the meeting be immediately closed to the public to receive advice that is subject to solicitor client privilege as to whether any matter listed on the agenda to be considered in camera may properly be considered in closed session.

a. Any motion as outlined in Section IV-1(b)(i) above is not debatable and shall be immediately put to a vote and may be passed by a simple majority.

(ii) Despite section IV-1(b) above, a motion may be passed by a simple majority vote to amend the agenda to move any matter listed in the closed session portion of the agenda to the appropriate section of the public agenda.

(c) Subject to any resolution to the contrary, the business of Council or committee shall be considered in the order set forth on the approved agenda for the meeting.

(d) The draft Council agenda shall be prepared with staff reports, correspondence and presentations grouped under the Regional Council Section headings as in the opinion of the Clerk may seem appropriate.

(e) Should Council or committee be unable to consider all agenda items in the allotted time before adjournment, all outstanding matters shall be placed on the draft agenda for the next regularly scheduled meeting of that body.

(f) The order of consideration of Regional Council Sections in the draft agenda shall be rotated from meeting to meeting or as deemed appropriate by the Regional Clerk.

2. DELIVERY OF AGENDA TO MEMBERS Council and Committees

(a) The Regional Clerk shall cause to be delivered to each member, not less than 48 hours before the time appointed for the holding of a regular meeting of Council, the draft agenda and copies of related materials, provided that if the draft agenda is amended after that time, the amendments may be delivered to members at any time up until the time that the meeting commences.

(b) Delivery of the draft agenda and related materials shall be made either personally or delivered to the member's municipal office or residence, as directed by the member and will be made available electronically to every member the day the agendas get delivered.

3. MINUTES Council and Committees

(a) The Regional Clerk shall prepare minutes of all meetings of Council and committees which shall record:

(i) the place, date and time of meeting;
(ii) the name of the Presiding Officer and the record of the attendance of the members; the name of the recording secretary and senior staff present; and
(iii) all resolutions, decisions and directives and other proceedings;
(iv) the minutes of Council meetings shall record the resolutions, decisions and other proceedings without comment, whereas the minutes of any committee meeting may contain such notes and annotations as may describe portions of the debate.

(b) The minutes of each Council meeting shall be presented to Council at the next regular meeting of Council for approval.

(c) After the Council minutes have been approved by Council, they shall be signed by the Regional Chair and the Regional Clerk.

(d) The committee report of each committee meeting shall be presented on the next appropriate regular meeting of Council for deliberation of committee recommendations contained in it.

(e) The Members of Council shall inform the Clerk's office of all planned absences, late arrivals and early departures from Council and committee meetings in order that the recording of such and the related reasons may be accurately reflected in the minutes.

4. DELEGATIONS Council and Committees

(a) Persons desiring to address members on any matter may by written notice to the Regional Clerk request to be listed as a delegation on a draft agenda.

(b) Written notice from a delegation shall include the person's complete name, address, telephone number, reasons for the delegation, including the specific nature of their presentation, and if applicable, the name, address and telephone number of any person, corporations or organizations which he or she represents.

(c) (i) Upon receipt of written notice requesting listing as a delegation, the Regional Clerk shall list the delegation requested on the draft agenda for the next appropriate meeting if such request is received by the Regional Clerk before the time that the committee meeting or Council meeting agenda is finalized for printing and the matter is one that is related to a report, delegation, presentation, recommendation or other item that is to be placed on the draft agenda for the committee or Council meeting in respect of which the request is made.

(ii) If the written notice requesting listing as a delegation is received by the Regional Clerk after the time the committee meeting or Council meeting agenda is finalized for printing, the delegation will be added to the agenda only upon the approval of the Regional Clerk and the Presiding Officer of the committee or Council.

(iii) If the written notice requesting listing as a delegation is not related to a report, delegation, presentation, recommendation or other item that is to be placed on the draft agenda for the Council or committee meeting, the Regional Clerk shall list the written notice requesting listing as a delegation as a request on the next appropriate Council meeting draft agenda under "Other Business" for consideration by the committee or Council. If the committee or Council approve listing the written notice requesting listing as a delegation, the Regional Clerk shall add the delegation to the next appropriate Council or committee meeting. If the committee or Council do not approve listing the written notice requesting listing as a delegation, the Regional Clerk shall so inform the delegate that the request to delegate was denied and the delegation will not be listed on a Council or committee meeting.

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

(e) Delegations shall be received without comment or debate and the matter shall be referred to staff for a report, unless there is a resolution passed to simply "receive" the delegation.

(f) After a delegation has completed its presentation, members shall each have one opportunity to ask questions of the delegation for clarification purposes only, and without debate. When all members who have indicated a desire to ask questions have finished their questions of the delegation, the persons appearing as a delegation shall withdraw from the place designated.

(g) No persons addressing Council or committee as a delegation shall:

(i) speak disrespectfully of any person;
(ii) use offensive words or unparliamentary language or other improper conduct;
(iii) engage in improper conduct;
(iv) speak on any subject other than the subject for which they have received approval to address Council or committee; or
(v) disobey the Rules of Procedure or a decision of the Presiding Officer or of Council or committee.

(h) Each delegation to Council shall be limited to speaking not more than five minutes in total, except that a delegation consisting of more than five persons shall be limited to two speakers, each limited to speaking not more than five minutes.

(i) Each delegation to committee shall be limited to speaking not more than ten minutes in total, except that a delegation consisting of more than five persons shall be limited to two speakers, each limited to speaking not more than ten minutes.

(j) If persons appearing as a delegation have not completed their presentation within the time allotted, the Presiding Officer or any member may make a motion without a seconder, that the time be extended by a simple majority vote in which case the time shall be extended for such reasonable time as the Presiding Officer may determine.

(k) The Presiding Officer may curtail any delegation, any questions of a delegation or debate during a delegation for disorder or any other breach of the Rules of Procedure and, if the Presiding Officer rules that the delegation is concluded, the persons appearing shall withdraw from the place designated for delegations.

5. PRESENTATIONS Council

(a) Staff presentations to Council meetings shall not exceed 10 minutes, however, the Presiding Officer or any member may make a motion without a seconder, that the time be extended by a simple majority vote in which case the time shall be extended for such reasonable time as the Presiding Officer may determine.

6. COMMUNICATIONS Council and Committees

(a) All communications within the jurisdiction of a committee shall be referred by the Regional Clerk directly to the appropriate committee, unless the communication relates to a subject that has been dealt with by Council or is to be placed on a draft agenda for a meeting of Council in which case it may be placed on the draft agenda for the Council meeting.

(b) 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 are deemed by the Regional Clerk to be of interest to members of Regional Council, including notices of upcoming workshops, seminars and conferences, shall:

(i) be reported to each member of Council every two weeks or as warranted by the nature and volume of resolutions, as determined by the Regional Clerk without being placed on a draft agenda; and
(ii) be placed on a Council or Committee draft agenda only at the request of a Council member.

7. MOTIONS AND BY LAWS Council and Committees

(a) A motion to adopt a committee report in whole or in part may be made and if carried, the committee recommendations contained in the report or the part adopted, except only those explicitly excluded, shall be adopted and passed as resolutions at the meeting.

(b) The proceedings of every meeting of Council shall be confirmed by by law so that every resolution and decision of Council passed at that meeting shall have the same force and effect as if each and every one of them had been the subject of a separate by law duly enacted.

(c) No by law shall be presented to Council unless its enactment has been approved by resolution of Council except:

(i) a by-law to confirm the proceedings of Council;
(ii) a by-law to accept, assume and dedicate, pursuant to 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, as amended.

(d) By laws listed on the agenda shall be taken as read, prior to being enacted.

(e) Every by law once enacted shall be signed by the Regional Chair and Regional Clerk, the corporate seal affixed thereto, and deposited in the Office of the Regional Clerk.

8. CLOSED MEETINGS ("IN CAMERA")

(a) Except as provided in this section, all meetings shall be open to the public.

(b) Any member is entitled to be present at a meeting which has been closed to the public, unless that member has an interest which the member is obligated to disclose, in accordance with the Municipal Conflict of Interest Act.

(c) A meeting of Council or a part of that meeting may be closed to the public if the subject matter being considered is:

(i) the security of the property of the municipality or local board;
(ii) personal matters about an identifiable individual, including Regional employees;
(iii) proposed or pending acquisition or disposition of land by the municipality or local board;
(iv) labour relations or employee negotiations;
(v) litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board;
(vi) advice that is subject to solicitor-client privilege, including communications necessary for that purpose; and/or
(vii) a matter in respect of which a council, committee or other body has authorized a meeting to be closed under another statute.
(viii) a meeting held for the purpose of educating or training the members, provided that no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council or committee.

Clause 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) [A head may refuse to disclose a record that reveals the substance of deliberations of a meeting of a council, board, commission or other body or a committee of one of them if a statute authorizes holding that meeting in the absence of the public] does not apply to a record of a meeting closed, IV.8(c)(viii).

(d) A meeting shall be closed to the public if the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) if Council is designated as head of the institution for the purposes of that Act.

(e) Before holding a meeting or a part of a meeting that is to be closed to the public, Council or committee as the case may be shall state by resolution:

(i) the fact of the holding of the closed meeting or portion of the meeting; and
(ii) the general nature of the matter to be considered at the closed meeting.

(f) Subject to clause IV-8(g), a meeting shall not be closed to the public during the taking of a vote.

(g) Despite clause IV-8(f), a meeting may be closed to the public during the taking of a vote if:

(i) subsection IV-8(c) or subsection IV-8(d) permits or requires a meeting or a portion of a meeting to be closed to the public; and
(ii) the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Regional Corporation or persons retained by or under contract with the Regional Corporation.

(h) Any request from a person for an investigation, under the Municipal Act, of whether a Council or Committee meeting or part of a meeting, that was closed to the public, has complied with the relevant provisions of the Municipal Act or this procedure by-law, shall be referred by the Clerk to the Investigator appointed by Council for that purpose.

9. CONFLICT OF INTEREST

Members shall declare conflicts of interest in accordance with the Municipal Conflict of Interest Act.

10. RECORDING OF MEETINGS

(a) Meetings of Council and committees shall be recorded by the Clerk where possible and practical to do so.

(b) Recordings of meetings made by the Clerk shall be retained in accordance with the Region of Peel Records Retention By-law.

(c) Audio and video recording equipment may be used by staff, the public and the media to record all or any portions of a meeting that is open to the public provided that it is not disruptive to the conduct of the meeting. The location and use of such recording equipment will be at the discretion of the Regional Clerk.

V. MOTIONS

1. GENERAL

(a) The following ranking for matters and motions is in descending order, such that each matter or motion takes precedence (if moved, must be decided before others ranking below it) over those that are below it in this list. For example, a motion to adjourn takes precedence over a motion to recess, which takes precedence over all matters and motions listed from question of privilege to the main motion.

(i) fix the time at which to adjourn;
(ii) adjourn;
(iii) recess;
(iv) question of privilege;
(v) point of order;
(vi) call the question;
(vii) limit or extend limits of debate;
(viii) postpone (defer) to a certain time;
(ix) refer;
(x) amend;
(xi) postpone (defer) indefinitely; and
(xii) the main motion.

(b) In Council, the following matters and motions may be introduced orally without notice or specific permission, except as otherwise provided by the Rules of Procedure:

(i) postpone (defer);
(ii) refer;
(iii) call the question;
(iv) adopt or deny committee recommendations or reports;
(v) direct staff;
(vi) suspend the Rules of Procedure;
(vii) any other procedural motion; and
(viii) adjourn.

(c) Except as provided in subsection V-1(b), all motions in Council shall be in writing.

(d) In committee, motions do not require a seconder, and need not be in writing.

(e) No member shall speak to any motion until it is first received by the Presiding Officer, and the mover is entitled to speak first.

(f) Any motion may be put forth and considered during Council or committee, providing it relates to the subject of a motion, recommendation, report or communication under debate by Council or committee and is presented at the time of such debate, otherwise previous notice of motion is required.

(g) After a motion has been received by the Presiding Officer, it shall be deemed to be in possession of Council or committee and may be withdrawn by the mover and seconder, if applicable, before decision or amendment only with the permission of Council or committee.

(h) A motion which requires the exercise of a power or powers by Council or committee which are not within the jurisdiction of Regional Council (ultra vires), shall not be in order.

2. MOTION TO ADJOURN

(a) A motion to adjourn:

(i) is neither debatable nor amendable, and cannot be reconsidered;
(ii) without qualification, if carried, brings a meeting or session to an end; and
(iii) if made with reference to a specific time or if made with a provision to reconvene upon the happening of a specific event, suspends the meeting to continue at the time specified.

3. MOTION TO AMEND A PENDING MOTION

(a) A motion to amend a pending motion:

(i) is debatable only if the main motion being amended is debatable;
(ii) if more than one, shall be voted on in reverse order to which they were put;
(iii) shall not be amended more than once; and
(iv) shall be relevant and not contrary to the motion under consideration.

4. MOTION TO CALL THE QUESTION (Call the Vote)

(a) A motion that the question be called enables immediate closure of debate; and:

(i) is not allowable in committees;
(ii) is not debatable, although reasons for moving the motion may be given;
(iii) cannot be amended;
(iv) cannot be moved on a main motion when there is an amendment to that motion under consideration;
(v) shall preclude all further amendments of the main motion;
(vi) when resolved in the affirmative, the main motion is to be put forward without further debate or amendment;
(vii) cannot be moved by the last member to debate the motion;
(viii) requires a two thirds vote.

5. MOTION TO POSTPONE (Defer) A PENDING MOTION

(a) A motion to postpone is a motion by which action of a pending motion can be put off, within limits, to a definite day, meeting, or hour, or until after a certain event; and:

(i) shall only be to the pending motion;
(ii) is not debatable;
(iii) is amendable, as to the time to which the pending motion is to be postponed; and
(iv) shall not include clauses for the purpose of amending the pending motion or making any statement on the merit of the pending motion.

6. MOTION TO RECONSIDER (A Decision Made in the Same Meeting)

(a) A motion to reconsider enables Council or committee to bring back for consideration the decision on a motion previously voted on during the same meeting, whether or not the previous motion was carried, and:

(i) can only be made by a member who voted with the prevailing side;
(ii) can only be made during the same meeting in which the previous motion to be reconsidered was voted on;
(iii) is debatable in all cases in which the previous motion was debatable, and when debatable, opens to debate the merits of the previous motion which is proposed to be reconsidered;
(iv) is not amendable;
(v) requires a two thirds vote regardless of the vote necessary to adopt the previous motion to be reconsidered; and
(vi) prior to a vote being taken, temporarily suspends any action resulting from the decision on the previous motion that is proposed to be reconsidered.

(b) A motion to reconsider is not in order when applied to the following:

(i) a vote on a motion to reconsider;
(ii) when a motion to reconsider is practically the same as a motion to reconsider already decided; and
(iii) when practically the same result can be obtained by some other parliamentary motion.

(c) Should the motion to reconsider carry by a two thirds vote, the previous motion to be reconsidered is called up, resulting in Council or committee voting again on the motion, and any such previous motion:

(i) does not require a seconder;
(ii) may be called up and voted on at the same meeting as the motion to reconsider was passed; and
(iii) when requested by a member, the Presiding Officer shall state the previous motion as pending.

7. MOTION TO AMEND, RESCIND, OR CONTRARY IN SUBSTANCE TO A PREVIOUSLY DECIDED MOTION

(a) A motion to amend or rescind, or contrary in substance to a previously decided motion from a previous meeting:

(i) is amendable;
(ii) is debatable; and
(iii) can be reconsidered only if the motion was decided in the negative.

(b) A motion to amend or rescind, or contrary in substance to the decision on a previous motion is not in order when applied to the following:

(i) when the previous motion was passed earlier in the same meeting in which case only a motion to reconsider may be allowed;
(ii) when it has previously been moved to reconsider the vote on the previous motion, and the question can be reached by calling up the motion to reconsider;
(iii) when something has been done pursuant to the decision on the previous motion that is impossible to undo (the unexecuted part of an order, however, can be rescinded or amended);
(iv) when the previous motion authorized entering into a contract when that contract has been entered into;
(v) when a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.

(c) A motion to amend or rescind, or contrary in substance to the decision on a previous motion adopted within the same term of Council requires a two thirds vote to carry.

8. MOTION TO REFER

(a) A motion to refer is a motion by which a matter, action or a pending motion can be sent or directed to a Council or committee, other body or official named in the motion specified, to report back to Council or committee; and:

(i) shall only be made in respect of a main motion or a report or matter listed on an agenda;
(ii) shall include the name of the Council or committee, other body or official to whom the matter is to be referred;
(iii) shall not include clauses for the purpose of amending the main motion;
(iv) is debatable, subject to debate being confined to its merits of the referral only, and cannot go into the main motion; and
(v) is amendable.

9. NOTICE OF MOTION

(a) Notice of Motion is a written notice given by a member or by a committee that the motion or committee recommendation described in the Notice of Motion will be made or presented for adoption at a subsequent meeting specified in the Notice.

(b) Notice of Motion may be given in the following ways:

(i) contained in a committee report;
(ii) presented by a member at a meeting, for consideration at a subsequent meeting specified in the notice; or
(iii) delivered to the Regional Clerk not later than seven days preceding the specified meeting

(c) A Notice of Motion shall be added to the agenda for the meeting specified in the Notice of Motion.

(d) If the Notice of Motion is not dealt with at the appropriate meeting, then it shall be added to the agenda for each of the two succeeding meetings until the motion is considered or otherwise disposed of; and if in the two succeeding meetings it has not been disposed of, it shall be removed from the agenda by the Regional Clerk unless Council by resolution directs otherwise.

VI. VOTING

1. GENERAL Council and Committees

(a) Except as otherwise required under the Municipal Act, 2001, any other statute or this by-law, all motions, resolutions and by-laws shall be carried, passed and enacted as the case may be by a majority vote.

(b) Immediately preceding the taking of a vote, the Presiding Officer may restate the motion in the precise form in which it shall be recorded in the minutes, and shall do so if requested by a member. Unless otherwise provided in this by-law or requested by the Presiding Officer a member may indicate the vote or by the use of electronic voting.

(c) Every member present and in his/her seat when a vote is called, shall vote on the motion unless prohibited by statute, in which case that fact shall be recorded.

(d) A member not in his/her seat at the call of the vote shall not be entitled to vote.

(e) A member who is present and in his/her seat and does not vote shall be considered as voting in the negative.

(f) Each member shall occupy his or her seat until the result of the vote has been declared.

(g) No vote may be taken by any method of secret voting except for the appointment of the Regional Chair.

(h) After a vote is called by the Presiding Officer, no member shall speak to the motion nor shall any motion be made until after the result is declared, and the decision of the Presiding Officer as to whether the vote has been called shall be final.

2. RECORDED VOTE Council

(a) Recorded votes may only be taken during a Regional Council meeting.

(b) A member may request a recorded vote immediately prior or immediately subsequent to the taking of the vote.

(c) Once a recorded vote is called, the Clerk shall conduct the vote by:

(i) electronic means; or
(ii) asking the members in favour to indicate the vote and then those opposed to indicate the vote.

(d) The Clerk shall announce the results and record the votes in the minutes.

3. DIVISION OF MOTION Council and Committees

A motion containing distinct proposals shall be divided at the request of any member, and a vote on each proposal shall be taken separately. The decision of the Presiding Officer on whether the motion can be divided shall be final.

4. EQUALITY OF VOTES Council and Committees

When a vote is taken and results in an equality of votes both for and against the motion, the motion shall be lost, unless during a Regional Council meeting where the Presiding Officer, who otherwise does not have a vote, may cast a vote to decide the question.

5. DISPUTED VOTE Council and Committees

(a) The result of a vote is not a ruling and therefore cannot be appealed.

(b) If a member doubts the result of a vote indicate as announced by the Presiding Officer, the member may call for the vote to be taken again and members shall stand or indicate the vote during the retaking of the vote and the vote shall not be a recorded vote except in a meeting of Council where the vote shall be a recorded vote.

(c) A member who was not in his or her seat at the time that a vote was taken may not vote in any retaking of the vote.

VII. CONDUCT AND DEBATE Council and Committees

1. GENERAL

(a) No member shall:

(i) speak disrespectfully of any person;
(ii) use offensive words or unparliamentary language;
(iii) engage in improper conduct;
(iv) speak on any subject other than the subject in debate; or
(v) disobey the Rules of Procedure or a decision of the Presiding Officer or of Council or committee on questions of order or practice or upon the interpretation of the Rules of Procedure.

(b) Procedures that may be used by the Presiding Officer in the event of a breach of order are as follows, in increasing order of severity provided that the Presiding Officer may use any such procedure regardless of order of severity where circumstances warrant:

(i) advise and correct the member;
(ii) request an apology or withdrawal of a remark by the member;
(iii) warn the member;
(iv) call the member to order, by which the member shall be seated and not speak further until recognized by the Presiding Officer;
(v) name the member, by which the member shall be called to order and further, that the member's name and offence shall be entered into the minutes; and
(vi) expel or exclude the member.

2. RAISING A QUESTION OF PERSONAL PRIVILEGE

(a) To raise a question of personal privilege is a device that permits a request or main motion relating to the rights and privileges of Council or committee (for example: to comfort of members with respect to heating, ventilation, lighting, noise; to conduct of its officers, employees or visitors; or to accuracy of published reports of its proceedings) or an individual member (for example: to an incorrect record of a member's participation in a meeting contained in minutes approved in a member's absence, or to charges circulated against a member's character).

(b) When a member desires to address a point of personal privilege, the member shall ask permission of the Presiding Officer to raise a point of personal privilege; after permission is granted, the member shall state the point of personal privilege to the Presiding Officer and the point of personal privilege shall be immediately decided by the Presiding Officer.

(c) Thereafter, a member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer's decision to Council or Committee.

(d) If no member appeals, the decision of the Presiding Officer shall be final.

3. POINT OF ORDER

(a) A point of order is a device by which a member advises the Presiding Officer and Council or Committee that the rules of procedure are being violated (for example: a member recognizing committee is continuing its business without quorum being present).

(b) When a member desires to address a point of order, the member shall ask permission of the Presiding Officer to raise a point of order; after permission is granted, the member shall state the point of order to the Presiding Officer and the point of order shall be immediately decided by the Presiding Officer.

(c) Thereafter, a member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer decision to Council or committee.

(d) If no member appeals, the decision of the Presiding Officer shall be final.

4. DEBATE

(a) A member desiring to speak shall indicate by using the request to speak system. In instances where the request to speak system is unavailable a member desiring to speak shall indicate same. Upon being recognized by the Presiding Officer, the member shall address the Presiding Officer.

(b) When two or more members indicate a desire to speak, the Presiding Officer shall recognize the member who, in the opinion of the Presiding Officer, so signified first and next recognize in order the other members.

(c) Members may remain seated while speaking.

(d) When a member is speaking, no other member shall pass between the member and the Presiding Officer, or interrupt the member except to raise a point of order or personal privilege.

(e) In Council, no member shall speak more than twice to the same motion (including questions to or through the Presiding Officer) without the permission of Council, except that a member who has presented a substantive motion rather than an amendment may reply to questions.

In committee, there is no limit to the number of times a member may speak to the same motion.

(f) In Council, no member shall speak to the same motion for longer than five minutes on each occasion that the member is recognized by the Presiding Officer without permission of the Council.

(g) A member may request the motion under discussion to be read at any time during the debate, but not so as to interrupt a member while speaking.

(h) A member may ask a question of the Presiding Officer for the purpose of clarifying the motion, and in seeking the clarification, the member is not to debate the matter to which the question refers.

5. APPEAL RULING OF THE PRESIDING OFFICER

(a) When a member appeals a ruling of the Presiding Officer, the member shall give notice to the Presiding Officer that his or her ruling is being appealed; after notice has been given to the Presiding Officer, the member shall state the nature of the appeal and the appeal shall be immediately decided by Council or committee by a majority vote.

(b) Council or committee, if appealed to, shall call a vote without debate on the following question; "Shall the decision of the Presiding Officer be sustained?", and its decision shall be final.

(c) An appeal takes precedence over any question pending at the time.

VIII. COMMITTEES

1. GENERAL

(a) Committees and Council Sections may be established by Council at any time as is deemed necessary for the consideration of matters within its jurisdiction.

(b) By notifying the Regional Clerk (either orally or in writing) before the commencement of a meeting, a member of a committee may designate another member to attend such a committee meeting in his or her absence and the member so designated shall be deemed to be a member of such committee for the designated meeting and may vote at the meeting provided that the member making the designation remains absent from the meeting.

(c) Only members appointed to a committee and members designated by absent committee members are entitled to vote on motions under consideration by that committee.

(d) Should any member appointed to a committee fail to attend three successive Committee meetings of the same Committee without authorization from the Committee Chair, that member's appointment to the committee is terminated and Council may appoint another member to take his or her place.

(e) Upon resignation of a member, Council may appoint another member to take his or her place.

(f) The Regional Clerk, or an employee designated by the Regional Clerk, shall act as Secretary to every committee.

2. SUBCOMMITTEES, TASK FORCE, AD HOC COMMITTEES AND ADVISORY COMMITTEES

(a) All appointments to a committee shall be made by Council and unless otherwise specifically provided for in the appointment, all appointments shall be for the term of Council, or, unless membership in the committee is ex officio by reason of a member's position as Council Section Chair, in which case the appointments shall be for the duration of the member's tenure on the committee shall be Council Section Chair's term, but not beyond the term of Council.

(b) Subcommittee means a special purpose committee of unlimited duration, appointed by Council to inquire into and report on a particular ongoing matter or concern which reports to Regional Council.

(c) Ad hoc committee, task force or advisory committee means a special purpose committee of limited duration, created by Council to inquire into and report to either Council on a particular matter or concern and which dissolves automatically upon submitting its final report unless otherwise directed by Council or specified in the Ad hoc committee, task force or advisory committee Terms of Reference.

3. PRESIDING OFFICERS OF COMMITTEES

(a) The term of Council Section Chairs and Vice-Chairs shall be 24 months, unless superseded by a resolution of Council.

(b) The Council Section Chairs and Vice Chairs shall be elected by Council, in accordance with Appendix 2 Election of Council Section Chairs and Vice Chairs. The election of Council Section Chairs and Vice Chairs shall be conducted at the first Council meeting after the Inaugural Meeting, and at the meeting closest to, but not after, 24 months after the beginning of the term of Council.

(c) A member shall not serve in an executive capacity (Chair or Vice Chair) of more than one Section at one time.

(d) When the office of Council Section Chair is vacant, or when the Council Section Chair is absent from the Regional area or is absent through illness or otherwise, or is absent from the office in the course of his or her duties, or on vacation or an approved leave, the Council Section Vice Chair has and may exercise all the rights, powers and authority of the Council Section Chair.

(e) If the position of Council Section Chair or Vice Chair becomes vacant, Council shall appoint a member to fill the vacancy.

(f) The Chair and Vice Chair of any committee other than Council shall be elected by the members of the committee from among the members of the committee, using the procedures for election of the Council Section Chairs and Vice Chairs as contained in Appendix 2 Election of Council Section Chairs and Vice Chairs with necessary modifications.

(g) The term of a Committee Chair and Vice Chair will be 24 months from the date of his or her election or appointment and shall terminate at the end of the 24 months, the end of term of Council or the end of the committee's mandate, whichever occurs first.

(h) If the Committee Chair is known to be absent or is absent for a period of 15 minutes after the time appointed for the holding of a committee meeting, and a quorum is present, the Committee Vice Chair shall preside during the meeting or until the arrival of the Committee Chair. If both the Committee Chair and Vice-Chair are absent for a period of 15 minutes after the time appointed for the holding of a committee meeting, the committee may appoint an Acting Presiding Officer who shall preside during the meeting or until the arrival of the Committee Chair or Vice-Chair.

(i) If the Council Section Chair is not present at the time appointed to deal with the business on the agenda for that section, the appropriate Council Section Vice-Chair shall preside during that section of the meeting or until the arrival of the Council Section Chair. If both the Council Section Chair and Vice-Chair are not present at the time appointed to deal with the business on the agenda for that section, the Regional Chair or Acting Regional Chair shall preside during that section of the meeting or until the arrival of the Council Section Chair or Vice-Chair.

(j) It shall be the duty of the Presiding Officer:

(i) to receive and put to a vote all motions presented by the members of a committee, and to announce the result;
(ii) to enforce the Rules of Procedure;
(iii) to preserve order and decide points of order;
(iv) to expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting; and
(v) where it is not possible to maintain order, the Presiding Officer may, without any motion being put, adjourn the meeting to a time to be named by the Presiding Officer.

4. COMMITTEE EXCEPTIONS TO COUNCIL PROCEDURES

(a) Committees shall conform to the rules governing procedure in Council, with the following exceptions:

(i) there is no limitation on the number of times a member may speak to a motion;
(ii) there is no limitation on how long each member may take while speaking;
(iii) members may remain seated when speaking;
(iv) recorded votes are not allowed;
(v) a motion to call the question is not allowed;
(vi) a motion made in Committee need not be seconded;
(vii) a motion may be made orally;
(viii) notices of motion are not required; and
(ix) quorum does not require representation from all municipalities,.

5. SPECIAL PURPOSE BODIES

Council shall appoint persons to any special purpose body as may be appropriate or in accordance with applicable legislation and the provisions of Appendix 3 Appointments to Special Purpose Bodies shall apply to such appointments.

IX. REPEAL

1. GENERAL

This by law supersedes and repeals all conflicting by laws and resolutions with respect to Rules of Procedure for Council and its committees, including By-laws 57-2006, 122-2007 and 61-2008.


READ THREE TIMES AND PASSED IN OPEN COUNCIL this 22nd day of November, 2012.

K. Lockyer
________________________

Regional Clerk

E. Kolb
______________________

Regional Chair

 

APPENDIX 1
BY-LAW 100-2012

APPOINTMENT OF THE REGIONAL CHAIR

 

1. DEFINITIONS

(a) "Inaugural Meeting" means the first meeting of Regional Council following a regular election at which Regional Council is obligated to appoint a Chair, and at which a sufficient number of Members are present to form a quorum;

(b) "Majority Vote" means, for the purpose of the appointment of the Chair at the Inaugural Meeting, more than half the votes cast by all the Members present at the Inaugural Meeting.

(c) "Member" means, for the purpose of the appointment of the Chair at the Inaugural Meeting, a person who is described in paragraphs 2, 3 and 4 of subsection (1) of the Regional Municipality of Peel Act, 2005 S.O. 2005 c. 20 and who has taken the declaration of office required to take a seat on Regional Council;

(d) "Nominee" is a person named in a motion at the Inaugural Meeting that he or she be appointed to the position of Regional Chair and who has consented in writing to take office as Regional Chair if appointed, and who is:

(i) eighteen years of age or older;
(ii) a Canadian citizen;
(iii) a resident of The Regional Municipality of Peel or is the owner or tenant of land in the Regional Area or is the spouse of such owner or tenant; and
(iv) not otherwise legally disqualified from holding such office.

(e) "Scrutineer" is a person appointed under the procedures set out in this Appendix for the purpose of confirming the results determined by the Regional Clerk of all votes by secret ballot for the appointment of the Chair at the Inaugural Meeting.

2. MOTIONS FOR THE APPOINTMENT OF THE CHAIR

(a) Following the organization of the new Regional Council at the Inaugural Meeting, the Regional Clerk shall call for motions to appoint the Chair. Each motion must be in writing, moved and seconded by a Member present;

(b) Each Nominee named in a motion for appointment of the Chair must consent in writing to take office as Regional Chair if appointed;

(c) The Regional Clerk shall take as many motions for the appointment of the Chair as may be made by Members present and after seeing no further motions shall call for a motion that no further motions for the appointment of the Chair be received which shall be voted on in open Council and shall be carried by a Majority Vote;

(d) Following the passing of a motion that no further motions for the appointment of the Chair be received, the Regional Clerk shall call upon the mover, seconder and Nominee of each motion to appoint the Chair, in the order that the motions were received, to speak to that motion, once, for no longer than five minutes each;

(e) If there is only one Nominee for appointment as Chair the motion for appointment shall be voted on in open council and shall be carried by a Majority Vote;

(f) If there is more than one Nominee for appointment as Chair, the motions to appoint the Chair shall be voted on all together by secret ballot as set out below;

(g) A Nominee may withdraw his or her name at any time up until a motion to appoint the Nominee as Chair has been passed and the Nominee has taken the required declaration of office as Chair.

3. SCRUTINEER

(a) Before any vote by secret ballot is taken for the appointment of the Chair, the Regional Clerk shall appoint a Scrutineer who shall be a qualified person designated by the firm that is the external auditor of the Regional Corporation at the time of the Inaugural Meeting.

(b) A person is qualified to be appointed as Scrutineer only if the person is:

(i) eighteen years of age or older;
(ii) not a member of the Council of, or an employee of, the Regional Municipality of Peel or any of its lower-tier municipalities or its or their local boards or municipal corporations, or the spouse, parent, child or sibling of such a member of council or employee; and
(iii) prepared to take the oath or affirmation of office as prescribed in this Appendix.

(c) If any Member objects to the appointment of the Scrutineer made by the Regional Clerk, the appointment must be made by a majority vote on a motion to appoint the Scrutineer in open council.

(d) No qualified person who has been appointed Scrutineer shall take office unless and until that person makes an oath or affirmation in the following form:

"I [insert name] hereby solemnly swear [or affirm] that I know of no reason that would disqualify me from acting as Scrutineer and that I will truly, faithfully and impartially carry out the duties of Scrutineer and that I will not now or hereafter disclose to anyone any information obtained during the conduct of my duties as Scrutineer that would indicate how any Member of Regional Council voted for the appointment of the Chair."

(e) The Scrutineer is authorized to:

(i) inspect the ballot box and the ballots and all other papers, forms and documents relating to any vote by secret ballot (but not so as to delay the timely conduct of the vote);
(ii) place his or her own seal on the ballot box, immediately before the calling of any vote, so that ballots can be deposited in the box and cannot be withdrawn without breaking the seal;
(iii) examine each ballot as the votes are being counted by the Regional Clerk on any vote, but not to touch the ballot; and
(iv) object to a ballot or to the counting of votes.

(f) If the Scrutineer makes no objection to a ballot or the counting of votes, the Scrutineer shall:

(i) sign the statement of the results of the election prepared by the Regional Clerk; and
(ii) be present at the time of destruction of the ballots after the vote.

(g) The Scrutineer shall hold office only for the purpose of the appointment of the Chair and upon the appointment being made the Scrutineer is discharged from such office, and notwithstanding the appointment to such office, Council may at any time terminate the appointment of the Scrutineer, replace the Scrutineer or dispense with the requirement to appoint a Scrutineer by resolution passed by a majority vote in open Council without notice and without giving reasons and without providing any opportunity to be heard.

4. VOTING FOR THE APPOINTMENT OF THE CHAIR BY SECRET BALLOT

(a) The Regional Clerk shall prepare the ballots for each vote on the motions to appoint the Chair as follows:

(i) The Nominees' names shall appear on the ballots in alphabetical order, based on their surnames and if required, forenames;
(ii) The Nominees names shall appear as they are written on the consent to take office but with surname first followed by the forename;
(iii) No reference to a nominee's occupation, degree, title, honour, decoration, sex or marital status shall appear on the ballot;
(iv) A space for marking the ballot shall appear to the right of each nominee's name;
(v) The Regional Clerk shall initial each ballot on the back to identify it as a valid ballot;
(vi) The ballots shall not be numbered nor shall there be any indication on any ballot that identifies the Member to whom it is given or who has marked it.

(b) When the ballots have been prepared the Regional Clerk shall call upon each Member in alphabetical order of their surnames to receive their ballot and proceed to the voting place which the Regional Clerk shall provide to allow Members to mark their ballots in secret.

(c) When a Member has marked his or her ballot the Member shall fold the ballot to conceal its face and deposit the folded ballot in a ballot box provided by the Regional Clerk that has been sealed by the Regional Clerk so that it cannot be opened without breaking the seal.

(d) Members may vote for only one Nominee on any ballot by marking a cross [X] in the space provided to the right of the Nominee's name on the ballot. Members may not make any other mark on the ballot or it shall be considered spoiled and shall not be counted. Any unmarked ballot shall be considered spoiled and shall not be counted. Any ballot that does not have the initials of the Regional Clerk on the back shall be considered spoiled and shall not be counted. Any ballot that is marked so that it is not reasonably apparent to the Regional Clerk as to which Nominee is being voted for shall be considered spoiled and shall not be counted.

(e) When all Members present have cast their ballots in the ballot box, the Regional Clerk shall recess the Inaugural Meeting and take the ballot box to a place for counting the ballots at which only the Clerk and the Scrutineer may be present.

(f) The Regional Clerk shall open the ballot box in the presence of the Scrutineer and proceed to count the ballots.

(g) When the ballots have been counted the Regional Clerk shall write the results on a statement of results that shall show only the names of the Nominees and the number of votes cast for each Nominee and the number of spoiled ballots, if any. The Regional Clerk shall sign the statement of results and ask the Scrutineer to sign the statement of results to show concurrence with the result.

(h) When the Regional Clerk and the Scrutineer have signed the statement of results, the Regional Clerk shall reconvene the Inaugural Meeting and announce the results in accordance with the statement of results.

(i) If the Scrutineer objects to the determination of the results of the vote made by the Regional Clerk and refuses to sign the statement of results, the Regional Clerk shall reconvene the Inaugural Meeting, announce that there is no confirmation of the result and the vote shall be taken again in accordance with this Appendix.

(j) Immediately following the announcement of the result of any vote by secret ballot or if there is no confirmation of the result, the Regional Clerk shall cause all ballots cast in the vote to be destroyed.

(k) A vote cast by any Member by secret ballot for any Nominee shall be a vote in favour of the motion to appoint that Nominee Chair.

(l) On any vote by secret ballot a Majority Vote is required to carry the motion for appointment of the Chair and once a Majority Vote has been achieved in respect of any Nominee, the Regional Clerk shall announce that the motion to appoint that Nominee carries and shall record it as a resolution of Regional Council in the proceedings of the Inaugural Meeting. The Regional Clerk shall then invite the appointed Nominee to take the required declaration of office, following which the appointed Chair shall commence presiding at the Inaugural Meeting.

(m) If on any vote by secret ballot a Majority Vote is not achieved then the Regional Clerk shall announce that a further vote must be taken and such further vote shall be taken in the manner provided for in this Appendix, except that, subject to clause (n) below, the motion to appoint the Nominee in respect of which the least number of votes were cast on the previous vote shall be deemed to have failed and that Nominee's name shall not be included on the ballot for any subsequent vote.

(n) If on any vote by secret ballot a Majority Vote is not achieved and there was an equality of votes in respect of any Nominees, and there were no Nominees in respect of which there were fewer votes cast than for those in respect of which there was an equality of votes, the Regional Clerk shall announce that a further vote must be taken and such further vote shall be taken in the manner provided for in this Appendix and the names of all Nominees in the previous vote shall be included on the ballot.

(o) After the announcement of the result of any vote by secret ballot in which a Majority Vote is not achieved, at the request of any member the Regional Clerk shall recess the Inaugural meeting for ten minutes or for such other time as the Regional Clerk considers appropriate.

(p) Except as otherwise provided in this Appendix, the Rules of Procedure in this By-law apply to the conduct of the Inaugural Meeting.

 

APPENDIX 2

BY-LAW 100-2012

ELECTION OF COUNCIL SECTION CHAIRS AND VICE CHAIRS
VOTING PROCEDURES

1. DEFINITIONS

(a) "Lot" is the method of determining the nominee to either fill the vacancy or go on to the next ballot, as determined by the particular circumstance. The names of the tied nominees shall be placed on equal sized pieces of paper, placed in a container and one name shall be drawn by a person chosen by the Regional Clerk.

(b) "Majority of Votes" means more than half the votes cast by persons legally entitled to vote in a regular or properly called meeting at which quorum is present.

2. PROCEDURE FOR NOMINATIONS

(a) Nominations shall be placed in the following manner:

(i) The Regional Clerk or Regional Chair shall call for nominations.
(ii) Each nomination shall be moved and seconded by a member.
(iii) After nominations have been closed by a vote of Council, each nominee shall, prior to the vote being taken, be permitted to speak to the nomination for not more than two minutes.
(iv) The nominees shall be called upon in alphabetical order of surnames.

(b) A nominee may withdraw his or her name at any time.

3. VOTING PROCESS

(a) Nominees shall be voted on in alphabetical order of surnames.

(b) If there is more than one nominee, votes shall be recorded and all members shall stand when voting to indicate their vote.

(c) There shall be one nominee vote per member per round of voting for each office. A member's first vote is deemed to be the member's vote. If a member votes a second time in the same round of voting, the Regional Clerk shall advise the member and the member's vote shall not count.

(d) Once the process commences, the only motion permitted will be a motion to recess.

(e) One Nominee:

(i) The nominee requires a majority of votes to be elected. Voting may be by show of hands.

(f) Two Nominees Only:

(i) The nominee who receives a majority of votes is elected.

(ii) If there is a tie vote, the Regional Chair may break the tie. If the Regional Chair decides not to break the tie, then the Regional Clerk shall declare a ten minute recess to allow members time to consider the matter, after which the vote shall be retaken. If the vote is again tied, the Regional Chair may break the tie. If the Regional Chair decides not to break the tie, then the Regional Clerk shall declare a second ten minute recess, after which the vote shall be retaken. If the vote is again tied, the Regional Chair may break the tie. If the Regional Chair decides not to break the tie, then the vacancy shall be filled by the nominee selected by lot. The name drawn shall be the winner of the election.

(g) Three or More Nominees:

(i) First and Successive Ballots:

a. A nominee who receives a majority of votes is elected.
b. If no nominee receives a majority of votes, the nominee with the least number of votes shall be excluded from subsequent voting and Council shall proceed with the next ballot.
c. If there is a tie vote with respect to the nominees receiving the least number of votes, the Regional Chair may break the tie. If the Regional Chair decides not to break the tie, or if there remain nominees tied after the Regional Chair's vote, then a lot shall be conducted until there is one name not drawn, and the name (or names) drawn shall go forward to the next ballot, and the name not drawn shall be excluded from subsequent ballots.
d. When there are only two nominees remaining, the procedure for two nominees [Procedure (f)] shall apply.

 

APPENDIX 3

BY-LAW 100-2012

APPOINTMENTS TO SPECIAL PURPOSE BODIES
VOTING PROCEDURES

1. DEFINITIONS

(a) "Lot" is the method of determining the nominee to fill the vacancy or go onto the next ballot, as determined by the particular circumstance. The names of the tied nominees shall be placed on equal sized pieces of paper, placed in a container and one name shall be drawn by a person chosen by the Regional Clerk.

2. PROCEDURE FOR NOMINATIONS

(a) Names for appointments shall be included in the staff report on Special Purpose Body appointments based on "Indication of Interest" forms returned to the Regional Clerk's Division. Additional nominations received at the time of voting on appointments shall also be considered by Council for appointment to the Special Purpose Bodies. Voting shall be conducted for ALL vacancies on the special purpose body in question, and not just for vacancies for which nominations had not been received at the time of the staff report.

(b) Nominations shall be placed in the following manner:

(i) The Regional Clerk or Presiding Officer shall state which appointments require an election.
(ii) The Regional Clerk or Presiding Officer shall call for nominations.
(iii) Each nomination shall be moved and seconded by a member.
(iv) After nominations have been closed by a vote, each nominee may, prior to the vote being taken, be permitted to speak to the nomination for not more than two minutes.
(v) The nominees shall be called upon in alphabetical order of surname.

(c) Nominees may withdraw their name at any point in the voting process.

3. VOTING PROCESS

(a) Once the process commences, the only motion permitted will be a motion to recess.

(b) For One Vacancy:

(i) If there is just one nominee, the nominee requires a majority of votes to be elected. Voting may be by show of hands.
(ii) If there is more than one nominee, the Regional Clerk or Presiding Officer shall request each member, alphabetically, to stand and state the name of the nominee for whom they are voting. The nominee with the highest number of votes shall be elected.


(c) For Two or More Vacancies:

(i) The Regional Clerk or Presiding Officer shall request each member, alphabetically, to stand and state the names of the nominees for whom he or she is voting. For example, if there are three vacancies, each Council member shall be given only one opportunity to state the names of the nominees, up to and including three, for whom he or she is voting. The nominees with the highest number of votes shall be elected.

(d) In the case of an equality of votes, the tie may be broken by the Presiding Officer. Should the Presiding Officer decide not to break the tie, then the position shall be filled by the nominee selected by lot, conducted by the Regional Clerk.

 

APPENDIX 4

BY-LAW 100-2012

PEEL REGIONAL COUNCIL CODE OF CONDUCT

 

A. Application and Purpose

i. The Regional Chair and Members of Council are members of the public appointed or elected, respectively, to represent the residents of the Region of Peel interest through the legislated authority given to Regional Council.

ii. The Peel Regional Council Code of Conduct (hereinafter after known as the Code) is Council's statement governing the conduct of its Chair and Members of Council in the performance of their official functions and reflects Council's commitment to meet the community's expectations of transparent, accountable and ethical conduct.

iii. This Code applies to the Regional Chair and Members of Council as they perform their duties in cooperation with Council colleagues, Regional staff, and the public, as elected officials of the Region of Peel.

iv. The purpose of the Code is to provide the basis upon which any person, including other Members of Regional Council, may promote high standards of ethical conduct of the Regional Chair and Members of Council through a direct referral, or recourse to public opinion.


B. Definitions

i. Accountability
The municipality is obligated to demonstrate and take responsibility for its actions, decisions and policies, and is answerable to the public at large.

ii. Confidential Information
Personal information in the custody or control of the Region or information not available to the public and which, if disclosed could result in damage or loss to the corporation of the Region of Peel (corporation), or could give the person to whom it is disclosed an improper advantage.

iii. Personal Gain
The direct or indirect financial gain of the Regional Chair or Members of Council as defined by Section 3 of the Municipal Conflict of Interest Act, but does not include remuneration of the Chair or Councillor by the Region for the performance of the duties of office.

iv. Purchasing Processes
Any process started under the Region's Purchasing By-law or in response to Council direction.

It also includes any negotiation or communication for the extension or renewal of an existing contract for the purchase of goods, services or land and any negotiation, expropriation or other process for the acquisition of land.

v. Transparency
The municipality will conduct its business in an accessible, clear and visible manner, with activities that are open to examination by the public.


C. Guiding Principles

i. The Region of Peel is a responsible and accountable government with respect to matters within its jurisdiction, and is given powers to be exercised by its Regional Council for the purpose of providing good government.

ii. Through the promotion of trust and confidence, it is the policy of the Region of Peel to provide Regional government "as it should be".

iii. The Regional Chair and Members of Council are committed to honour, support and employ the Regional values:

iv. The decision-making process of Regional Council is to be transparent, accessible and fair.

v. The Regional Chair and Members of Council will adhere to the standards required as stated in the Oath of Office.

vi. The Regional Chair and Members of Council will be fair and respectful of differences and have a duty to work together for goodwill, the common good and the public interest.


D. Community Involvement and Values

i. This Code recognizes the responsibility of the Regional Chair and Members of Regional Council to actively serve and represent their communities in their roles as elected officials. This Code is intended to be applied in a manner that supports the Regional Chair and Members of Council in undertaking community involvement, to the greatest extent consistent with Regional principles and values.


E. Legislative Environment

The Region of Peel demonstrates a commitment to accountability and transparency by providing a framework of policies, procedures and practices that foster sound governance and its sustainability. This Code operates along with and supplements the existing legislation governing the Regional Chair and Members of Council.

i. Federal and Provincial Legislative Requirements and Municipal By-laws

Federal and provincial laws and municipal by-laws outline legal authorities, obligations and unlawful activity. The Regional Chair and Members of Council are responsible under this Code to be aware of and to understand the legal obligations affecting them as individual office holders.

The Regional Chair and Members of Council are governed individually or collectively by federal and provincial legislation including:

In addition, municipalities are often dealt with in provincial and federal legislation and agreements as having roles both as authorities and a partner providers in the delivery of public services (e.g. as both a service manager and housing provider under the Housing Services Act). The Regional Chair and Members of Council should understand their legal obligations within the legal effect of those legislative frameworks and/or partnership agreements. Where greater clarity is required in this regard, the Regional Chair and Members of Council should direct inquiries to the Regional Clerk and/or the Regional Solicitor.

This Code is enacted under Part V.1 (Accountability and Transparency), s. 223.2 of the Municipal Act, 2001.

ii. Regional By-laws
There are several Regional By-laws that the Regional Chair and Members of Council are committed to adhering to including:

iii. Closed Meeting Investigator
The Region of Peel has appointed Local Authority Services Ltd. (a subsidiary of the Association of Municipalities of Ontario) as the investigator of complaints regarding Regional Council and committee meetings closed to the public. Council and its committees have limited authority to close meetings under the Municipal Act, 2001, section 239.

iv. Area Municipal Codes of Conduct
Regional Councillors also serve as Members of Council for the City of Mississauga, the City of Brampton, or the Town of Caledon. All three area municipalities have their own codes of conduct.

The Code applies to the activities of the Regional Chair and Members of Council while executing their responsibilities as Regional Chair and Councillors respectively. Area municipal codes of conduct will apply to the activities of the Members of Council in accordance with their role as area municipal councillors.

Should an issue arise that is of joint responsibility for the Region and the area municipality, both parties will work together to develop a process to resolve the matter and report the findings to both Regional and City/Town Council.


F. Conduct at Regional Council

i. General Conduct
During Regional Council proceedings, the Regional Chair and Members of Council are to conduct themselves in a manner which demonstrates respect for their Council colleagues, Region of Peel staff, and the members of the public, and in accordance with the Region of Peel's Procedure By-law.

The Regional Chair and Members of Council will conduct themselves with dignity, for themselves and towards all others. Members will strive to create an environment free of discrimination and harassment, and will not engage in intimidating or bullying behaviour, acting in accordance with Occupational Health and Safety Amendment Act (Violence and Harassment in the Workplace), 2009.

Councillors will continue in this same manner during other similar proceedings as a result of their membership on other agencies, boards, commissions or sub-committees of Regional Council appointed by Regional Council.

ii. Member Interest
The Regional Chair and Members of Council will serve their communities so that the public interest is upheld and is the Member's primary consideration.

The Regional Chair and Members of Council will not create a real or apparent conflict of their private interests with the public interest, and will act proactively to avoid such conflict to the best of their ability.

The Regional Chair and Members of Council will not use improper influence or be improperly influenced such that personal or private interests are promoted over the public interest.


G. Conduct in Relation to Regional Business

i. Confidentiality
When making decisions, the Regional Chair and Members of Council will have access to information that may be confidential or contentious.

The Regional Chair and Members of Council will respect and maintain the confidentiality of information communicated to them in confidence by staff or colleagues.

The Regional Chair and Members of Council will not disclose a document or information contained within a document provided for use in connection with a closed (in camera) meeting of Regional Council, a Committee of Council, or of any body to which the Member has been appointed by Regional Council.

The Regional Chair and Members of Council will not disclose the deliberations of a closed session without the prior permission of the body holding the closed session.

ii. Decisions about Regional Resources
The Regional Chair and Members of Council will not commit or agree to commit the Region's resources (whether money, staff time, equipment, or otherwise) unless such commitment has been requested and confirmed by Council or by the Regional staff (Chief Administrative Officer, Commissioner, Director, Manager or Supervisor) charged with authority to manage the resources in question.

While they may advocate for a particular decision, the Regional Chair and Members of Council will not attempt to direct the use of Regional resources or property for a purpose not authorized by Council or the appropriate municipal staff.

iii. Procurement
The Region purchases goods, services and land using well established and professionally managed processes as out lined in the Region of Peel's Purchasing By-Law.

Should questions arise related to the conduct of Regional Chair or Members of Council in the procurement process, they should consult the Region of Peel Purchasing By-law, other applicable policy or by-law and/or an appropriate staff contact.


H. Decision-Making

i. Decision-making authority lies with Regional Council as a whole. All members of the public interacting with Council are entitled to a clear, transparent and accountable decision-making process.

ii. The Regional Chair and Members of Council will serve their communities with transparency, making candid disclosure of the considerations influencing them in their decision-making conduct.

iii. The Regional Chair and Members of Council will be open to receiving reasonable representations and information from municipal staff, interested persons and the broader community.

iv. The Regional Chair and Members of Council will not have matters dealt with in closed session (in camera) in cases where Council is unauthorized to do so.

v. The Regional Chair and Members of Council may communicate a position that is contrary to that taken by Regional Council but in doing so should make clear that they are not representing the Council and refrain from making disparaging comments about other Members of Council and demonstrate respect for Council's processes and decisions.


I. Regional Chair

i. This Code applies in all respects to the Chair as a Member of Regional Council.

ii. The role of the Regional Chair is prescribed the Municipal Act, 2001 and states that as Head of Council the Regional Chair is:

iii. As Chief Executive Officer, the Regional Chair is responsible to:

iv. The Regional Chair is the Head of Council and political head of the Region, and Chief Executive Officer of the Regional Corporation. The Regional Chair represents the Region in dealing with other levels of government and plays a strong role as liaison with Regional staff through the Chief Administrative Officer.

v. The Regional Chair will work with Regional Council with regard to those decisions or authorities which have not been delegated to the Regional Chair by Council or provided to the Chair by legislation. The Regional Chair will represent and promote those decisions reached by Regional Council as a whole.


J. Relations with the Corporation, Council and Staff

i. The Regional Chair and Members of Council will respect the role of staff to work for The Regional Municipality of Peel as a corporate body, with responsibility to make recommendations that reflect their professional expertise and corporate objectives.

ii. Regional staff are governed by a separate and complementary Employee Code of Conduct (HR02-01).

iii. The Regional Chair and Members of Council must respect the fact that staff carry out directions and implement actions and policies of Council as a whole. A Member shall not attempt to influence staff to perform their duties or functions other than in accordance with either the expressed will of Council or in accordance with corporate policy.

iv. The Regional Chair and Members of Council will not defame the reputation of the Region, its Council, its collective administration or its employees on any basis which the member is not willing and prepared to substantiate to the Council sitting in open session.

v. The Regional Chair and Members of Council will conduct themselves with decorum demonstrating respect toward colleagues and staff and avoid behavior that could be interpreted as bullying and/or harassment.

vi. The Regional Chair and Members of Council will not obstruct an officer, employee or agent of the Region of Peel in the performance of their duties.

vii. The Regional Chair and Members of Council will encourage those employed or otherwise engaged by the Region of Peel to provide advice or services, to do so in a politically neutral, objectively determined and professionally bound manner. No attempt to influence such persons to depart from these standards in the provision of advice or services will be made.

viii. The Regional Chair and Members of Council will respect the principle that decision-making, including policy making, the direction of staff and the commitment of municipal resources is only to be exercised by Members acting collectively through the Council as a whole.

ix. The Regional Chair and Members of Council are not to use the services of Regional staff or services contracted by the Region, for personal purposes or for purposes other than the purposes of the Region, and for the purposes of the Region, only under the direction of the staff responsible.


K. Expenditures, Hospitality and Gifts

i. The Regional Chair and Members of Council may be offered gifts, hospitality or benefits from community organizations or others wishing to express appreciation. Members are permitted to accept these offers of gratitude, provided they are of nominal value and are not offered by a vendor or potential vendor under an active Regional procurement process. Some gifts may extend a pecuniary benefit to the receiving Member, and be subject to restrictions under the Municipal Conflict of Interest Act.

ii. The Regional Chair and Members of Council should be aware that gifts, hospitality or benefits received from the community could be perceived as an attempt to influence individual Councillor's actions as they pertain to Regional business. Any receipt of good or service from the community, regardless of value, should be viewed through a lens of any possible real or perceived influence.

iii. The Regional Chair and Members of Council will respect the need for transparency and accountability in all circumstances, including participation with community organizations, not-for-profit groups or community associations seeking the benefit of the Chair's and/or Member's involvement.

iv. If the Regional Chair or Member of Council agrees to fundraise on behalf of any community organization, not for profit group or community association, the Member should ensure that contributions are received by a means that does not involve cash. Contributions should be made directly to the applicable organization, group or association.

v. The Region of Peel has established guidelines for Council expenses and remuneration, outlined in the "Regional Councillor Reference Manual" (Section 6 – Council Remuneration/Benefits/ Expenses). These guidelines apply to the Regional Chair and all Members of Council.

vi. For guidance in relation to gifts, Members of Council should refer to established policies at their area municipality. The Regional Chair should refer to all such policies and existing provincial legislation for guidance.


L. Compliance

i. The Regional Chair and Members of Council who observe or are credibly informed of a possible contravention of this Code have an obligation to proactively address what they observe or are informed of - whether with the Member concerned, in consultation with other Members, or ultimately through the Council.

ii. In advance of each Inaugural meeting of Regional Council, the Code will be circulated to the Regional Chair and Members of Council to formally confirm that the Code has been reviewed and there is understanding related to a Councillors obligation to adhere to the Code.

iii. Under Section 223.1 of the Municipal Act, a municipality has the discretionary authority to appoint an Integrity Commissioner to independently investigate possible violations of the Code and report the findings to Council.

iv. Should Regional Council chose to use its authority under the Act and appoint an Integrity Commissioner, the Code and all related and relevant Region of Peel policies and procedures will assist the appointee(s) in determining an appropriate course of action.

v. The Regional Chair and Members of Council will participate, cooperate and provide full disclosure in connection with all measures undertaken by the Region or by an Integrity Commissioner for the implementation and enforcement of this Code including training and the promotion of public transparency, accountability and ethical conduct on the part of Members.

vi. The imposition of penalties, as outlined under Section 223.4 of the Municipal Act, can only occur following the investigation by an Integrity Commissioner and a Code contravention reported to Regional Council by the Integrity Commissioner.


M. Review Process

i. To ensure this Code remains relevant and current, Regional staff will review any significant legislative or internal policy changes for possible impact to the Code and report to Regional Council where necessary.

ii. At the beginning of the mandate of each new Council, this Code will be reviewed in connection with the development of corporate strategies (i.e. Strategic Plan, Term of Council Priorities).

iii. A mandatory Council review and endorsement of the Code will occur at the beginning of each new term of Council.

iv. Members of Council will be provided with an overview of their obligations and responsibilities related to the Code at the beginning of each new term of Council.