DIVISION 1
Council
Council to designate municipal office
132 A council must designate a place as its municipal office.
Minutes of council meetings
133 Minutes must be made of each council meeting and signed by the person presiding at the meeting and a designated officer.
Signing agreements, cheques, instruments
134(1) Agreements and cheques and other negotiable instruments and agreements must be signed or authorized by
(a) the head of council or any other person authorized by the council by by-law; and
(b) a designated officer.
Reproduction of signature
134(2) A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced.
132 A council must designate a place as its municipal office.
Minutes of council meetings
133 Minutes must be made of each council meeting and signed by the person presiding at the meeting and a designated officer.
Signing agreements, cheques, instruments
134(1) Agreements and cheques and other negotiable instruments and agreements must be signed or authorized by
(a) the head of council or any other person authorized by the council by by-law; and
(b) a designated officer.
Reproduction of signature
134(2) A council may authorize a signature required under subsection (1) to be printed, lithographed or otherwise reproduced.
QUORUM
135(1) A quorum is required for and during each council meeting.
Number of councillors required for quorum
135(2) Subject to subsection (3), the quorum of a council is
(a) a majority of the number of members comprising the council; or
(b) if a position is vacant, a majority of the remaining members of the council.
Minimum number for quorum
135(3) Subject to The Municipal Council Conflict of Interest Act, the minimum number for a quorum of a council is three.
When member not to be counted
135(4) For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under The Municipal Council Conflict of Interest Act.
Number of councillors required for quorum
135(2) Subject to subsection (3), the quorum of a council is
(a) a majority of the number of members comprising the council; or
(b) if a position is vacant, a majority of the remaining members of the council.
Minimum number for quorum
135(3) Subject to The Municipal Council Conflict of Interest Act, the minimum number for a quorum of a council is three.
When member not to be counted
135(4) For the purpose of a quorum, a member is not counted if the member is required to abstain from voting under The Municipal Council Conflict of Interest Act.
VOTING
One vote per member
136 A member of a council has one vote each time a vote is held at a council meeting at which the member is present.
Minutes of vote on third reading of a by-law
137 The minutes of a meeting at which a council votes on the third reading of a by-law must show the name of each member present, the vote or abstention of each member, and the reason given for any abstention.
Tie vote defeats by-law or resolution
138 If an equal number of members vote for and against a resolution or by-law, the resolution or by-law is defeated.
Council reconsidering decision
139(1) A council may not reconsider or reverse a decision within one year after it is made unless (a) at the same meeting at which the decision is made, all the members who voted are present and agree to reconsider and vote again; or
(b) a member gives written notice to the council, from at least one regular meeting to the next regular meeting, of a proposal to review and reverse the decision.
Record of reconsideration in minutes
139(2) A council that reconsiders and reverses a decision under clause (1)(a) may direct that the minutes show
(a) the original decision and the decision made on reconsideration; or
(b) only the decision made on reconsideration.
BY-LAWS AND RESOLUTIONS
Methods by which a council may act
140(1) A council may act only by resolution or by-law.
Where council must act by by-law
140(2) A council that is expressly required or authorized under a by-law or this or any other Act to do something by by-law may do it only by by-law.
Where council may act by resolution
140(3) A council that is required or authorized under a by-law or this or any other Act to do something by resolution or to do something without specifying that it be done by by-law or resolution, may do it by resolution.
Effect of acting by by-law when resolution is sufficient
140(4) Anything a council does by by-law that may be done by resolution is not invalid by reason of the council doing it by by-law.
Passing a resolution
141 A resolution of a council is not valid unless it is passed at a council meeting.
Proposed by-law to be given three readings
142(1) Every proposed by-law must be given three separate readings at meetings of the council, and each reading must be put to a vote.
Limit of two readings at one meeting
142(2) A council may not give a proposed by-law more than two readings at the same council meeting.
Text to be available before first reading
142(3) Each member present at the meeting at which first reading is to take place must be given, or have had, the opportunity to review the full text of the proposed by-law before the by-law receives first reading.
Text to be available before third reading
142(4) Each member present at the meeting at which third reading is to take place must, before the proposed by-law receives third reading, be given, or have had, the opportunity to review the full text of the proposed by-law and any amendment passed after first reading.
Procedure at each reading
142(5) Only the title or an identifying number must be read at each reading of a proposed by-law.
When public hearing on by-law is to be held
143 When this or any other Act requires a council to hold a public hearing on a proposed by-law, the public hearing must be held before the by-law is given third reading.
Rescission of previous by-law readings
144 The previous readings of a proposed by-law are rescinded if the proposed by-law
(a) does not receive third reading within two years after first reading; or
(b) is defeated on second or third reading.
When a by-law is passed
145 A by-law is passed when it receives third reading and is signed by
(a) the head of council or another person authorized by the council; and
(b) a designated officer.
When a by-law comes into force
146(1) Subject to subsections (2) and (3), a by-law comes into force on the day after the day it is passed unless a later date is specified in the by-law.
Where approval required
146(2) If this or any other Act requires a by-law to be approved, the by-law does not come into force until the approval is given.
No retroactivity without specific authority
146(3) No by-law may come into force on a day before it is passed unless the Act that authorizes it provides that the by-law may come into force on a day before it is passed.
Power to amend and repeal a by-law
147(1) The power to pass a by-law under this or any other Act includes the power to amend or repeal the by-law.
Manner of repeal or amendment
147(2) The amendment or repeal of a by-law is subject to the same requirements that apply to passing the by-law, unless this or any other Act expressly provides otherwise.
ORGANIZATION AND PROCEDURE
Council to pass an organizational by-law
148(1) A council must establish by by-law an organizational structure for the municipality and review the by-law at least once during its term of office.
Content of organizational by-law
148(2) An organizational by-law must provide for the following:
(a) the establishment of council committees, other than committees of local urban districts, and other bodies of the council, including their duties and functions;
(b) the appointment of a deputy head of the council to act in place of the head of council when he or she is unable to carry out the powers, duties and functions of the head; and
(c) the manner of appointment of persons to council committees and other bodies.
Council to pass procedures by-law
149(1) A council must establish by by-law rules of procedure and review the by-law at least once during its term of office.
Council bound by procedures by-law
149(2) The council must govern itself in accordance with its procedures by-law.
Content of procedures by-law
149(3) The council must in its procedures by-law provide for
(a) regular meetings of the council, and the day, time and place of the meetings;
(b) the type and amount of notice to be given of regular meetings of the council;
(c) the procedure to be followed and the type and amount of notice to be given to change the day, time or place of a regular meeting of the council;
(d) rules respecting the conduct of council meetings;
(e) rules respecting public participation at council meetings;
(f) a procedure for the appointment of a member to act as head of council if the head and deputy head are unable to act or the offices are vacant;
(g) the type and amount of notice to be given of a special meeting of the council; and
(h) the time within which a special meeting of the council requested under clause 151(1)(b) must be called by the head of council and must take place.
Further content of procedures by-law
149(4) The council may in its procedures by-law provide for such other matters as the council considers necessary or desirable, including, subject to Division 5 (Local Urban Districts) of Part 3, the conduct of meetings of council committees.
Meeting through electronic communications
150(1) A council may conduct a meeting by means of an electronic or other communication facility if the facility enables the members to hear and speak to each other and the public to hear the members.
Participating member deemed to be present
150(2) A member participating in a meeting conducted by means of a communication facility is deemed to be present at the meeting.
148(1) A council must establish by by-law an organizational structure for the municipality and review the by-law at least once during its term of office.
Content of organizational by-law
148(2) An organizational by-law must provide for the following:
(a) the establishment of council committees, other than committees of local urban districts, and other bodies of the council, including their duties and functions;
(b) the appointment of a deputy head of the council to act in place of the head of council when he or she is unable to carry out the powers, duties and functions of the head; and
(c) the manner of appointment of persons to council committees and other bodies.
Council to pass procedures by-law
149(1) A council must establish by by-law rules of procedure and review the by-law at least once during its term of office.
Council bound by procedures by-law
149(2) The council must govern itself in accordance with its procedures by-law.
Content of procedures by-law
149(3) The council must in its procedures by-law provide for
(a) regular meetings of the council, and the day, time and place of the meetings;
(b) the type and amount of notice to be given of regular meetings of the council;
(c) the procedure to be followed and the type and amount of notice to be given to change the day, time or place of a regular meeting of the council;
(d) rules respecting the conduct of council meetings;
(e) rules respecting public participation at council meetings;
(f) a procedure for the appointment of a member to act as head of council if the head and deputy head are unable to act or the offices are vacant;
(g) the type and amount of notice to be given of a special meeting of the council; and
(h) the time within which a special meeting of the council requested under clause 151(1)(b) must be called by the head of council and must take place.
Further content of procedures by-law
149(4) The council may in its procedures by-law provide for such other matters as the council considers necessary or desirable, including, subject to Division 5 (Local Urban Districts) of Part 3, the conduct of meetings of council committees.
Meeting through electronic communications
150(1) A council may conduct a meeting by means of an electronic or other communication facility if the facility enables the members to hear and speak to each other and the public to hear the members.
Participating member deemed to be present
150(2) A member participating in a meeting conducted by means of a communication facility is deemed to be present at the meeting.
SPECIAL MEETINGS
Head of council convening special meeting
151(1) The head of a council
(a) may call a special meeting of the council whenever he or she considers it appropriate to do so; and
(b) must call a special meeting of the council if the head receives a written request for the meeting, stating its purpose, from at least two councillors.
Notice according to procedures by-law
151(2) Notice of a special meeting must be given in accordance with the procedures by-law.
Meeting to be called under procedures by-law
151(3) If the head of council does not call a special meeting as requested under clause (1)(b) within the time required under the procedures by-law, the chief administrative officer must call the meeting in the manner provided in the by-law.
Effect of notice given to absent member
151(4) A special meeting must not be held in the absence of a member unless the member has been given notice of the meeting in accordance with the procedures by-law.
Member may waive notice
151(5) A member who waives the right to be given notice of a special meeting is deemed to have been given notice of the meeting.
Agenda at special meeting
151(6) Only a matter stated in the notice of a special meeting may be transacted at the meeting unless all members of the council are present and unanimously agree to deal with other matters.
DIVISION 2
PUBLIC PRESENCE AT MEETINGS
Meetings to be conducted in public
152(1) Every meeting of a council or council committee must be conducted in public.
Public's right to be present at meetings
152(2) Everyone has a right to be present at a meeting of a council or council committee unless the person chairing the meeting expels a person for improper conduct.
When council or council committee may close meeting
152(3) Despite subsections (1) and (2), a council or council committee may close a meeting to the public
(a) if
(i) in the case of a council, the council decides during the meeting to meet as a committee to discuss a matter, and
(ii) the decision and general nature of the matter are recorded in the minutes of the meeting; and
(b) if the matter to be discussed relates to
(i) municipal assistance,
(ii) an employee, including the employee's salary, duties and benefits and any appraisal of the employee's performance,
(iii) a matter that is in its preliminary stages and respecting which discussion in public could prejudice a municipality's ability to carry out its activities or negotiations,
(iv) the conduct of existing or anticipated legal proceedings,
(v) the conduct of an investigation under, or enforcement of, an Act or by-law,
(vi) the security of documents or premises, or
(vii) a report of the Ombudsman received by the head of the council under clause 36(1)(e) of The Ombudsman Act.
Resolution to re-open a closed meeting
152(4) No resolution or by-law may be passed at a meeting that is closed to the public, except a resolution to re-open the meeting to the public.
DIVISION 3
PETITIONS AND PUBLIC HEARINGS
PETITIONS Petitions must conform to this Division
153 Where a petition is required under this Act, other than in Part 2, the petition must meet the requirements of this Division before it is presented to the council.
Sufficiency of petition
154(1) A petition is sufficient if it complies with this section.
Petition's purpose to be stated on each page
154(2) A petition must contain a statement of purpose, and the statement must appear on every page.
Information about each petitioner
154(3) A petition must include the following:
(a) in printed form, the surname and given name or initials of each petitioner;
(b) each petitioner's signature;
(c) the date on which each petitioner signs the petition;
(d) the address of each petitioner's residence;
(e) in the case of a petition under section 57 to form a local urban district, a statement that each petitioner is an elector, or is eligible to be an elector, of the locality;
(f) in the case of a petition under clause 66(1)(a) (dissolution of a local urban district), a statement that each petitioner is an elector of the local urban district;
(g) in the case of a petition under clause 313(c) (local improvement or special service), the address of the property in respect of which each petitioner is liable to pay the tax.
Manner of witnessing signature on a petition
154(4) Each signature on the petition must be witnessed by an adult person who must
(a) sign opposite the signature of the petitioner; and
(b) in the case of a petition under section 57 (formation of a local urban district), clause 66(1)(a) (dissolution of a local urban district) or clause 313(c) (local improvement or special service), make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition.
Number of petitioners required
154(5) Where a minimum number of petitioners is required, a petition must be signed by at least that number of petitioners.
Petitioners for local improvement or special service
154(6) In determining the number of petitioners required on a petition under clause 313(c),
(a) where a parcel of land or a business is owned by more than one person, only one person is counted; and
(b) a municipality, school division, school district or hospital district that is eligible to be a petitioner is not counted if it gives written notice to the chief administrative officer, not later than the day the petition is filed with the officer under section 155, that it is not to be counted.
Entity may authorize individual to sign
154(7) A petition under clause 313(c) (local improvement or special service) may be signed on behalf of a corporation, church, organization, estate or other entity by an adult person who on request produces proof that he or she is authorized by the entity to sign the petition on its behalf.
Counting the number of petitioners
154(8) In determining whether the required number of persons have signed the petition, a person's name is not to be counted if
(a) the information required under subsection (3) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the chief administrative officer;
(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required, under subsection (4);
(c) the petition is restricted to certain persons and the person is not one of those persons, or the person's qualifications are not set out or are incorrectly set out; or
(d) the person signed the petition more than 90 days before the petition was filed under section 155 or more than 150 days before the petition was re-filed under subsection 156(3).
Petition must name representative
154(9) The petition must have attached to it a signed statement of an individual that
(a) the individual is the representative of the petitioners; and
(b) any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.
Filing
155 A petition must be filed with the chief administrative officer.
C.A.O. to determine sufficiency of certain petitions
156(1) In the case of a petition that is required under this or any other Act to have a minimum number of petitioners, the chief administrative officer must determine the sufficiency of the petition not later than 30 days after it is filed.
Process where petition is not sufficient
156(2) If in the opinion of the chief administrative officer a filed petition is not sufficient, the officer must within the time set out in subsection (1) give written notice of the manner in which the petition is not sufficient to the person named in the petition under subsection 154(9) (representative's name and address).
Re-filing of petition
156(3) The petition may be re-filed, with or without changes, with the chief administrative officer within 30 days after the notice is given, and sections 154 and 155 apply to the re-filed petition.
C.A.O. to advise council of notice given
156(4) If a petition is not re-filed within 30 days after the day a notice is given under subsection (2), the chief administrative officer must advise the council at the first council meeting following the expiration of the 30 days that the petition was filed and the notice given.
Presentation of petition to council
157(1) The chief administrative officer must present each petition to the council at a council meeting, with his or her opinion respecting the sufficiency of the petition,
(a) where the petition is sufficient, within 30 days after the day the petition is filed; and
(b) where the petition is not sufficient and is re-filed, within 30 days after the day the petition is re-filed.
No change in petition after presentation
157(2) No name may be added to or removed from a petition after it is filed under section 155 or re-filed under subsection 156(3), except an addition or removal made after a notice is given under subsection 156(2) and before the petition is re-filed.
Petition is received on presentation
158 A petition is received by a council on the day it is presented to the council.
Council's consideration of petition
159 A council may disregard a petition that the council decides is not sufficient, and is not required to take action in respect of a petition unless this or any other Act requires that action be taken.
PUBLIC HEARINGS
Application
160(1) This section applies in respect of a public hearing that a council is required under this Act to hold.
Attendance of members at public hearing
160(2) Each member of the council must attend the public hearing unless the member
(a) is excused by the other members from attending the hearing;
(b) is unable to attend owing to illness; or
(c) is required under The Municipal Council Conflict of Interest Act to withdraw from the hearing.
Procedure at public hearing
160(3) Subject to procedures established under subsection (5), the council must hear any person who wishes to make a presentation, ask questions or register an objection on his or her own behalf or on behalf of others.
Council may establish procedure in by-law
160(4) A council may in its procedures by-law establish procedures for public hearings, which may include
(a) prescribing a reasonable time limit for presentations, questions or objections;
(b) providing that the council may decline to hear a presentation, question or objection where the council is satisfied that the matter has been addressed at the hearing;
(c) deciding which presenters the council will hear where it is satisfied that presentations will be the same or similar;
(d) expelling a person from a hearing for improper conduct; and
(e) adjourning a hearing from time to time.
Notice of continuation of adjourned hearing
160(5) If a public hearing is adjourned, the council must give public notice of the date, time and place of the continuation of the hearing, unless that information is announced at the time the adjournment is announced at the hearing.
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