Section 71. Public Presentation at Committee
Oral submissions by the public shall be made to Committees and Commission and not to Council.
Section 72. Procedure
Except as otherwise provided herein, all Committees/Commission shall conform to the rules governing procedure in the Council.
Section 73. Preparation of Agenda
(1) The agenda for a meeting of a Committee/Commission shall be prepared under the direction of the Chair for that Committee/Commission.
(2) Despite Subsection (1), the City Manager, the Auditor General, the City Treasurer or the City Clerk, have the right to place items on the Finance and Economic Development Committee agenda.
(3) Items submitted pursuant to Subsection (2) shall contain the following statement: “This report is submitted to the Finance and Economic Development Committee pursuant to the provisions of Subsection 73(2) of the Procedure By-law”.
(4) Notwithstanding Subsections 29(3), 34(1), 81(11) and 89(3) the City Treasurer and the City Manager shall jointly have the right to add debenture by-laws for approval, to a Finance and Economic Development Committee Agenda or a Council Agenda, provided that notice of at least 48 hours prior to the meeting, is given to all Members of Council and the public. In the event the by-law is to be listed on a Finance and Economic Development Committee agenda, and notice is given subsequent to the issuance of the meeting agenda, a revised agenda will be issued and a public service announcement will be made. If the by-law is to be listed on a Council agenda, and notice is given subsequent to the issuance of the Draft agenda, a public service announcement will be issued 48 hours in advance of the Council meeting and the by-law will be included on the final agenda issued the day before the Council meeting.
Section 74. Establishment
Committees/Commission may be established by the Council at any time as is deemed necessary for the consideration of matters within the jurisdiction of the Council.
Section 75. Mayor - Ex Officio
(1) The Mayor of the Council is an ex officio member of every Committee, Sub-Committee and Commission.
(2) Where a Committee/Commission is established by reference to a particular number of members without specifically providing for the membership of the Mayor of the Council, such number is automatically increased by one, being the Mayor of the Council, as provided under Subsection (1).
(3) The Mayor of the Council may vote and otherwise participate in the business of the Committee/Commission without any restriction on the same basis as any other Committee/Commission member.
Section 76. Terms of Reference
Subject to the provision of any general or special Act, the Council, in establishing any Committee, shall set forth Terms of Reference of the Committee or Commission and such other provisions as the Council shall deem proper.
Section 77. Committee Chair
(1) The Council in establishing or making appointments to a Committee/Commission, other than a Standing Committee/Commission, may direct who shall be the Chair of the Committee/Commission.
(2) The Mayor of Council shall be the Chair of the Finance and Economic Development Committee.
(3) The Chairs and the Vice-Chairs of the Standing Committees, Transit Commission and Sub-Committees shall be recommended to Council by the Nominating Committee pursuant to Subsection 94(9).
(4) The Chair of the Planning Committee is an ex officio member of the Agriculture and Rural Affairs Committee and the Chair of the Agriculture and Rural Affairs Committee is an ex officio member of the Planning Committee.
Section 78. Duties of the Committee/Commission Chair
It shall be the duty of the Committee/Commission Chair:
(1) to open the meeting of the Committee/Commission by taking the chair and calling the Members to order;
(2) to announce the business before the Committee/Commission and the order in which it is to be acted upon, subject to Subsection 89(2);
(3) to receive and submit, in the proper manner, all motions presented by the Members of the Committee/Commission;
(4) to put to a vote all motions, which are moved, or necessarily arise in the course of the proceedings, and to announce the result;
(5) to vote on all matters, which are moved, or necessarily arise in the course of the proceedings;
(6) to decline to put to a vote, motions which infringe upon the Rules of Procedure;
(7) to enforce the Rules of Procedure;
(8) to restrain the Members, when engaged in debate, within the Rules of Procedure;
(9) to enforce on all occasions, the observance of order and decorum among the Members and the attending public;
(10) to call by name any Member persisting in a breach of the Rules of Procedure and order the Member to vacate the meeting room;
(11) to permit questions to be asked through the Chair of any officer of the City in order to provide information to assist any debate when the Chair deems it proper;
(12) to provide information to Members of the Committee/Commission on any matter touching on the business of the Committee/Commission;
(13) to receive all communications and announce them to the Committee/Commission, subject to Subsections 39(4) and (5);
(14) to authenticate, by signature, all Minutes of the Committee/Commission;
(15) to rule on any points of order raised by Members of the Committee/Commission;
(16) to inform the Members of the Committee/Commission of the proper procedure to be followed;
(17) where it is not possible to maintain order, the Chair may, without any motion being put, adjourn the meeting to a time to be named by the Chair; and,
(18) to adjourn the meeting when the business is concluded.
Section 79. Participation of Chair in Debate
(1) The Chair may state relevant facts and the Chair’s position on any matter before the Committee/Commission without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion, debate a question, or speak to an item placed on the Agenda by the Chair without first leaving the Chair.
(2) If the Chair is absent, or desires to leave the chair to move a motion or to take part in the debate pursuant to Subsection (1), or otherwise, the Chair shall call on the Vice-Chair elected pursuant to Subsection 77(3) to preside until the Chair resumes the chair.
Section 80. Quorum and Size of Committees/Commission
(1) A Committee/Commission shall not consider any business if a quorum is not present.
(2) A quorum for a Committee/Commission having an even number of members is one half of all the members thereof. A quorum for a Committee/Commission having an uneven number of members is the number of members thereof, plus one, all divided by two.
(3) Only Members of the Council shall be appointed to the Standing Committees, Commissions and Sub-Committees of Council save and except the Transit Commission which shall consist of eight Members of Council and four Citizen Members and the Built Heritage Sub-Committee which shall consist of five Members of Council and four Citizen Members.
(4) The presence of the Mayor or ex officio member at a meeting of a Committee/Commission shall always be considered in the determination of whether a quorum is present.
(5) The determination of the quorum requirements pursuant to Subsection (2) for Finance and Economic Development Committee shall take into account that the Mayor is an ex officio member of the Committee, but otherwise the ex officio membership of the Mayor or other ex officio member shall not be included in determining the quorum requirement.
Section 81. Meetings of Committees
(a) The regular meetings of Committees/Commissions shall be on the day of the week determined by Council but at such time and at such place as shall be determined by Committee/Commission.
(b) Individual regular meetings of a Committee/Commission may be varied by the Chair from the day of the week determined by Council and the time and place determined by Committee/Commission subject to the notice provisions of 81(10), provided that the date or time do not conflict with the date and time assigned to another Standing Committee/Commission by Council or the regular meeting times of the Ottawa Board of Health, the Ottawa Public Library Board or the Ottawa Police Services Board.
(c) Regular meetings of Planning Committee shall be held twice a month except during the months of March, July, August, December and October in an election year, when only one regular meeting of Planning Committee shall be held.
(d) Regular meetings of Agriculture and Rural Affairs Committee, Finance and Economic Development Committee, Transportation Committee, and Built Heritage Sub-Committee shall be held once every month. Regular meetings of the Community and Protective Services Committee shall be held once every month, ten times per calendar year, and regular meetings of both the Environment and Climate Protection Committee and the Transit Commission shall be held once every month, eight times per calendar year. All Committees and the Commission retain the ability to hold special meetings as required, pursuant to Subsections 82(2), (3), and (4).
(e) The Audit Committee, the IT Sub-Committee and the Member Services Committee shall meet on an as-needed basis at the call of the Chair.
(f) The Chair may cancel one or more regular meetings of the Committee/Commission if in the Chair’s opinion such meetings are not necessary for the proper conduct of the business of the Committee/Commission and provided that not more than two successive regular meetings are cancelled under this Subsection.
(2) No Committee/Commission or the Ottawa Public Library Board, the Ottawa Police Services Board or the Ottawa Board of Health shall meet while the Council is in session.
(3) Members may speak more than once on the same question.
(4) Notwithstanding Subsection (3), no Member, without leave of the Committee/Commission, shall speak to the same question, at one time, or in reply, for longer than five minutes.
(5) A Member of Council who is not a Member of a Committee/Commission is entitled to attend at all meetings of the Committee/Commission and to participate, subject to Subsection (6) herein.
(6) A Member of Council who is not a Member of a Committee/Commission, at a meeting of the Committee/Commission shall:
i. not be counted in determining the presence or number for quorum; and
ii. not move any motion or vote on any matter.
(7) Where a matter within the mandate of an Advisory Committee is being presented to a Standing Committee/Commission, either the Chair or Vice-Chair of the Advisory Committee or a Member designated by the Advisory Committee, but not more than one of them, may address the Standing Committee/Commission for up to five minutes on any one item.
(8) A substantive motion made in Committee/Commission must be in writing but need not be seconded.
(9) Subject to Section 13, the meetings of a Committee/Commission shall be open to the public.
(10) Seven business days’ notice of a regular meeting shall be given to the Members of a Committee/Commission and an agenda shall be provided to the Members seven business days in advance of the meeting.
(11) Despite Subsection (10), an agenda for the Court/Committee of Revision shall be provided to Members six calendar days in advance of the meeting.
(12) Despite Subsection (10), planning application reports, for which public notice is required ten calendar days in advance of the Agriculture and Rural Affairs Committee or Planning Committee meeting, shall be provided to Members ten calendar days in advance of the meeting.
(13) Council Members have the right to place items on Committee/Commission agendas provided that such items are received by the Clerk or the Committee Coordinator nine calendar days in advance of the Committee meeting.
(14) Minutes of Committee/Commission meetings shall be action minutes only, with the exception of Planning Act matters that require additional detail.
Section 82. Public Notice of Committee/Commission Meetings
(1) Notice of a regular meeting of a Standing Committee/Commission shall be given by means of posting a notice on the City’s website no later than the Friday immediately prior to the meeting.
(2) Notice of a special meeting of a Standing Committee/Commission will be given, where time permits, by means of posting a notice on the City’s website.
(3) Notice of a special meeting of a Standing Committee/Commission shall be given at least three hours prior to the meeting by a public service announcement.
(4) Prior notice of a special meeting held pursuant to Subsection 87(6) is not required but notice that the meeting occurred shall be given by posting the notice on the City’s website as soon as possible thereafter.
Section 83. General Provisions for Committees
(1) The Chair shall preside; in the absence of the Chair, the Vice-Chair shall preside.
(2) The Chair of the Committee/Commission may vote on any question before the Committee/Commission, and, in the event of an equality of votes, the question being voted upon shall be deemed to have been lost.
(3) Committees/Commission shall consider and report on such matters only as have been referred to them by the Council or such matters as come within their continuing Terms of Reference and jurisdiction.
(a) Verbal updates from the Committee/Commission Chair and/or staff to a Committee/Commission shall only be in order in the event of unforeseen circumstances or an emergency or in ceremonial or similar circumstances. A report from staff on verbal updates they have provided on such unforeseen circumstances/emergency situations, shall be subsequently provided in both English and French to the Committee/Commission and shall be posted to the City’s website with the Minutes contents for that meeting.
(b) Presentations from third-party governmental agencies and their agencies, boards and commission, shall be in order with the consent of the Committee/Commission Chair, conditional upon provision of a report or fully accessible presentation from that party, in both English and French, for distribution with the Agenda or subsequent to the Committee / Commission meeting. The City Clerk’s Office shall facilitate the process and ensure the presentation contents meet accessibility requirements, where practicable, prior to posting the material on-line.
(c) Such presentations shall not be subject to the hearing of public delegations, but may be accepted at the discretion of the Chair.
(5) Committees/Commission may receive representations from the public. No person, without leave of the Committee/Committee, shall speak for longer than five minutes.
(6) Each Standing Committee/Commission shall diligently pursue its duties and shall report to Council on every matter and question coming before it within its Terms of Reference and jurisdiction.
(7) Where a matter is submitted to a Standing Committee/Commission for action and the Standing Committee/Commission determines to only receive such matter, such matter shall be submitted to Council for information.
(8) Where a matter is submitted to a Standing Committee/Commission or Sub-Committee and no decision is made by the Standing Committee/Commission or Sub-Committee or no recommendation is made by the Standing Committee/Commission or Sub-Committee as a result of a tie vote, the recommendation to Council shall be that Council consider the matter.
(9) Where an item fails at a Standing Committee/Commission, such item shall not be forwarded to Council, subject to the right of Council to have the matter brought forward through a motion adopted by Council.
(10) Where a matter is submitted to a Standing Committee/Commission for action that pertains to taking a formal position on behalf of the City, or petitioning another level of government, such matter shall be submitted to Council for approval.
(a) Items approved by a Committee/Commission under Delegated Authority shall be reported to Council at the next following meeting, in a bulk information item listed on the Council agenda as “Disposition of Items Approved by Committees/Commission Under Delegated Authority.
(b) Items delegated to a Committee/Commission for approval pursuant to the Committee/Commission’s terms of reference or the Delegation of Authority By-law may only be lifted from the bulk information item if so requested in writing by two Members of Council at least one day before the item is to be before Council as part of the bulk information item and where it is legally possible to amend or reverse the decision taken by the Committee/ Commission.
(12) Subject to its terms of reference, each Committee, other than a Standing Committee/Commission, shall diligently pursue its duties and shall report to the Finance and Economic Development Committee and Council on every matter and question coming before it within its terms of reference.
(13) Should the Chair of any Committee neglect or refuse to call meetings of the Committee at such times or with such frequency as the proper dispatch of the Committee’s business requires, or do the business of the Committee without the knowledge or consent of its Members, or contrary to their wishes or actions, the Committee may report such neglect, refusal or action to the Council which may remove such Chair from office and appoint another Member as Chair.
(a) Should any Member of a Committee/Commission fail to attend three successive regular or Special Meetings thereof, without being authorized to do so by a resolution of the Committee/Commission, the Committee/Commission may certify such failure and thereupon the membership of such person on the Committee is terminated and the Council may appoint another Member in their place. Reception of a written notice of regret by the Committee/Commission or Council shall constitute authorization for the purposes of this subsection.
(b) Notwithstanding Subsection 83(13)(a), an office is not vacated by a Member of Council who is absent for 20 consecutive weeks or less if the absence is as a result of the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member in accordance with Subsection 259(1.1) of the Municipal Act, 2001. The Member shall provide the City Clerk with written notice of an absence of 20 consecutive weeks or less as a result of the Member’s pregnancy, the birth of the Member’s child or the adoption of a child by the Member, and, when such notice is provided, the following process shall be followed and the resulting information brought forward for Council consideration by way of motion at the Council meeting immediately following the City Clerk’s receipt of the written notice:
i. In the written notice, a Ward Councillor shall indicate the Member(s) of Council whom he/she wishes to provide concurrence under the Delegation of Authority By-law for matters in the Ward Councillor’s Ward during the Ward Councillor’s absence;
ii. In the written notice, the Ward Councillor shall indicate the Member(s) of Council whom he/she recommends Council appoint as a Member of any Committee(s) on which the Ward Councillor sits, on an interim basis for the duration of the Ward Councillor’s leave; and
iii. The motion to Council shall recommend that Council delegate to the City Clerk the interim authority to approve the payment of costs from a Member of Council’s Constituency Services Budget only arising from routine bills and, in consultation with the Member’s office staff and the Member(s) of Council to whom concurrence has been delegated in accordance with Subsection 83(13)(b)(i), for annual, seasonal events where a past practice for such costs being paid can be established, if there are sufficient funds within the budget to do so.
(15) Should any Committee/Commission neglect or refuse to give due attention to any matter before it, the Council may, by resolution, discharge such Committee/Commission and appoint another in its place.
(16) General Managers shall have the right to address the respective Standing Committee/Commission that they attend on any matter relevant to the function or administration of the City.
(a) Where consideration of a procedurally complex, sensitive or significant report is scheduled for a particular meeting, Members may be requested to submit motions in writing to the Clerk’s Office at least 48 hours in advance of the meeting to allow time for review and processing.
(b) Despite Subsection 83(16)(a), any request for Members to submit motions in advance of a meeting does not preclude a Member from moving a motion at the meeting.
Section 84. Consent Agenda
(1) At the commencement of a meeting, and in the absence of any speaker registered, the Chair shall proceed through the items in the agenda to determine if it is the will of the Committee/Commission that the recommendations be adopted without debate or questions.
(2) During the progression through the agenda in accordance with Subsection (1), no debate, questions or recorded vote shall be permitted but declarations of interest and dissents may be recorded.
(3) Any Member of Council or the Committee/Commission may require that a recommendation be debated or subject to questions.
(4) The Chair shall declare whether each recommendation is carried or will be subject to debate.
(5) Upon completion of the progression through the agenda in accordance with Subsection (1), the Committee/Commission shall then proceed to consider, in accordance with the agenda, the recommendations that have not yet been adopted.
(6) No recommendation which is subject to the holding of a statutory public hearing may be adopted at the time of the consideration of the Consent agenda unless no speakers are registered and the Chair has made an announcement inviting submissions and any other statutory requirements are met.
Section 85. Supplementary Revenue and Expenditure Estimates
(1)A motion or recommendation to approve or direct the expenditure of funds, or the raising of revenue, not within an estimate or revenue measure previously approved by Council shall be tabled until the next regular meeting of the Committee/Commission or Council unless the motion or recommendation is within a report that:
(a) was distributed to Members of the Committee/Commission at least seven clear days in advance of the Committee/Commission or Council meeting; and
(b) contains a financial comment by the City Treasurer.
(2) Where a notice of motion to approve or direct the expenditure of funds, or the raising of revenue, not within an estimate or revenue measure previously approved by Council, is given to Council, the City Treasurer shall submit to Council at its next regular meeting or at a special meeting called to consider the motion, a financial comment with respect to the motion.
Section 86. Coordinator
(1) The Coordinator of any Committee/Commission shall be designated by and be responsible to the Clerk.
(2) It shall be the duty of the Coordinator:
(a) to give notice of each regular and Special Meeting of the Committee/Commission together with an agenda of the matters to be considered;
(b) to submit the reports of the Committee/Commission to Council, as the case may be;
(c) to record motions, votes and public delegations through the preparation of meeting Minutes in accordance with Subsection 81(13); and
(d) to perform such other functions as may be required from time to time.
Section 87. Special Meetings of Committees/Commission
(1) The Chair may at any time summon a Special Meeting of the Committee/Commission or, upon receipt of the petition of the majority of the Members of the Committee/Commission, the Coordinator shall summon a Special Meeting for the purpose and at the time mentioned in the petition.
(2) Notice of all Special Meetings of the Committee/Commission setting forth the matters to be considered at such Special Meeting shall be given to all Members of the Committee/Commission either:
(a) by prepaid, special delivery mail deposited in a Canada Post Corporation Post Office not less than seventy-two hours in advance of the time fixed for the meeting;
(b) by delivery to the City office, residence or place of business of the Member, including by electronic mail, not less than six hours in advance of the time fixed for the meeting;
(c) by personal service to the Members not less than six hours in advance of the time fixed for the meeting; and/or
(d) by such other manner as the Chair may direct.
(3) At Special Meetings of the Committee/Commission, it shall not be competent to consider or decide upon any matter unless such matter has been explained in the notice calling the meeting, without the consent, recorded in the Minutes, of all of the Members of the Committee/Commission (with the exception of those on a leave of absence authorized by Committee/Commission or Council).
(4) Subject to Section 13, a Special Meeting of the Committee/Commission may be either open or closed as determined by the Committee/Commission.
(5) Once received by the Coordinator, no Member may add or remove their name from a petition filed under Subsection (1).
(6) Despite this section, on urgent and extraordinary occasions, with the consent of two-thirds of all the Members of Committee/Commission recorded in the Minutes, an emergency Special Meeting of the Committee/Commission may be called by the Chair without notice to consider and deal with such urgent and extraordinary matters.
Section 88. Joint Meetings of Committees/Commission
(a) Where an issue is relevant to the mandate of more than one Committee/Commission, the Chairs of the respective Committees/Commission will meet to determine which Committee/Commission will be responsible for the issue or, alternatively, whether or not a joint Committee/Commission meeting should be held.
(b) A joint meeting of two or more Committees/Commission may be directed by Council, or may be called by their Chairs, in accordance with Subsection 1(a), or whenever such Chairs consider it necessary for their respective Committees/Commission to consider and report jointly on matters within their joint areas of concern.
(a) Upon the receipt of a request in writing by a majority of Members of each of two Committees/Commission, the respective Committee/Commission Chair, or in the case of the illness or absence of one or the other of them, the Clerk shall summon a joint meeting of such Committees/Commission for the purpose of considering and reporting on matters within the Committees/Commission’ joint areas of concern.
(b) All joint meetings will be in accordance with the Standing Committee/Commission’s Joint Meeting Procedure.
(c) Where Joint Committee meetings of the Transit Commission and another Committee of Council are held to consider matters of which transit is a component, Citizen Members of the Commission shall be non-voting, ex-officio Members of the Joint Committee.
(a) A quorum for the joint meeting of Committees/Commission shall be a majority of the combined number of Members of the Committees/Commission excluding the Mayor.
(b) The Mayor, if present, shall be counted as one Member in making such quorum and shall have one vote.
(a) Where a joint meeting consists of the Finance and Economic Development Committee and any other Committee/Commission of Council, the Mayor shall preside as Chair of the joint meeting.
(b) Subject to Subsection (4)(a), the Members in attendance at a joint meeting called pursuant to this section shall appoint the Chair of one of the Committees/Commission to chair the joint meeting, but if both such Chairs are absent, another Member of one of the Committees/Commission shall be so appointed.
(a) When the Chair of the joint meeting calls for the vote on a question, each Member of the Committees/Commission shall vote in unison, and the question shall be decided by a majority of votes, so that only one decision is made thereon.
(b) The Chair of the joint meeting may vote on all questions submitted and in the case of an equal division, the question shall be deemed to have been decided in the negative.
(6) The provisions of the By-law with respect to the conduct of business in Committees/Commission shall apply, with necessary changes, to the conduct of business at a joint meeting called pursuant to this section.
Section 89. Agenda in Committee/Commission
(1) The Coordinator shall have prepared and printed for the use of the Members at the regular meetings of Committee/Commission an agenda setting forth the business to be considered at such meeting
(2) The business of the Committee/Commission shall be considered in the order set forth on the agenda, provided however, that the Chair, with the approval of the Committee/Commission, may vary the order of business to better deal with matters before the Committee/Commission.
(3) Except as otherwise decided by a two-thirds vote of the Members of Committee/Commission present and voting, the Committee/Commission shall not consider any report, Information Previously Distributed memorandum, or any matter, that has not been distributed to the Members with the agenda.
(4) Despite Subsection (3), where an item is proposed for discussion following comments received at the Open Mic session of Agriculture and Rural Affairs Committee, such item may only be introduced by notice of motion for consideration at a subsequent meeting.
(5) If the Minutes of the preceding meeting have been delivered, in advance, to the Members of the Committee/Commission then the Minutes shall not be read, and a motion that the Minutes be confirmed shall be in order.
(6) After the Minutes have been adopted they shall be signed by the Chair and by the Coordinator.
Section 90. Information Reports
(1) A report may be forwarded to a Committee/Commission for information.
(2) Notwithstanding that a report has been forwarded for information, motion(s) may be made by Members of the Committee/Commission for action to be taken on matters that arise from or are discussed in the report.
(3) Motions made under Subsection (2) may be made at any meeting where the report is presented to the Committee/Commission or Council.
(4) Unless otherwise required by law, including a direction of Council, an information report submitted to, and not amended by the Committee/Commission, shall only be reported to Council where the Committee/Commission so directs.