Body: Council Type: Agenda Meeting: Regular Date: September 2, 2025 Collection: Council Agendas Municipality: Frontenac County
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Governance Review Committee Tuesday, September 2, 2025 –10:00 a.m. County of Frontenac Administration Building, 2069 Battersea Road, Glenburnie, ON https://youtube.com/live/o5PikL1Xbmk?feature=share
AGENDA Page 1.
Call to order We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for mother earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the County is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation.
Adoption of the agenda a) That the agenda for the September 2, 2025 meeting of the Governance Review Committee be adopted.
Disclosure of pecuniary interest and general nature thereof
Adoption of Minutes a) Minutes of Meeting held May 6, 2025
3-7
That the minutes of the Governance Review Committee meeting held May 6, 2025 be adopted. Minutes of Meeting held May 6, 2025 5. 8 - 85
Items of Business a) 2025-066 Corporate Services Continued Discussions on the County of Frontenac Procedural Bylaw Review This report is for information. It is intended to continue soliciting feedback from the Committee members on the review of the Procedural By-law. Continued Discussions on the County of Frontenac Procedural By-law Review
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Page Appendix A Proposed Amendments Discussion Appendix B Advisory Committee member comments Appendix C Proposed Amendments Chart Appendix D Working copy of By-Law No. 2022-0026 Procedural By-law 86 - 89
b)
2025-067 Corporate Services Initial Discussions on Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Policies This report is for information. It is intended to provide the Committee with a high-level overview of the Municipal Freedom of Information and Protection of Privacy Act and best practice policies the County should have. Initial Discussions on Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Policies
Next meeting date
Adjournment
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Minutes of the Governance Review Committee Meeting May 6, 2025 [Note: Minutes are not Verbatim, please refer to full video https://youtube.com/live/m7o0zn5kibg?feature=share] A meeting of the Governance Review Committee was held in the Council Chamber of the County Administration Building, 2069 Battersea Road, Glenburnie on Tuesday, May 6, 2025, at 10:00 AM Present: Councillor Fran Smith, Chair Councillor Fred Fowler, Vice Chair Councillor Judy Greenwood-Speers Warden Gerry Lichty Staff Present: Jannette Amini, Manager of Legislative Services/Clerk Kevin Farrell, Chief Administrative Officer Amy Freeburn, Executive Assistant to the CAO and Director of Corporate Services/Treasurer 1.
Call to order
We begin this gathering by acknowledging and celebrating these traditional lands as a gathering place of the first peoples and their ancestors who are entrusted to care for mother earth since time immemorial. We do so respecting both the land and the Indigenous People who continue to walk with us through this world. Today, the County is committed to working with Indigenous peoples and all residents to pursue a united path of reconciliation. 2.
Adoption of the agenda
Moved By: Seconded By:
Councillor Fowler Warden Lichty
That the agenda for the May 6, 2025 meeting of the Governance Review Committee be adopted. Carried
Minutes of Meeting held May 6, 2025
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3.
Disclosure of pecuniary interest and general nature thereof
There were none. 4.
Adoption of Minutes Minutes of Meeting held April 1, 2025
Moved By: Seconded By:
Councillor Greenwood-Speers Councillor Fowler
That the minutes of the Governance Review Committee meeting held April 1, 2025 be adopted. Carried 5.
Items of Business a)
2025-043 Corporate Services Adoption of an updated County of Frontenac Accountability and Transparency Policy
Moved By: Seconded By:
Councillor Greenwood-Speers Warden Lichty
Resolved That the Council of the County of Frontenac adopt an Accountability and Transparency Policy for the County of Frontenac attached to this report as Appendix A; And further That By-law 2007-0038 being a by-law to adopt an Accountability and Transparency Policy be hereby repealed. Carried Staff confirmed that the policy was available for public comment on the County’s EngageFrontenac site and promoted via our social media channels. b)
2024-044 Corporate Services Continued Discussions on the Procurement Policy
Moved By: Seconded By:
Councillor Fowler Councillor Greenwood Speers
Resolved That the Procurement Policy, and the draft policy be placed on the Governance Review Committee Consultation 2025 project on Engage Frontenac for 21 days for public comment Deferred (See motion to Defer below which was Carried) Governance Review Committee Meeting Minutes May 6, 2025
Minutes of Meeting held May 6, 2025
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Motion to Defer Moved By: Seconded By:
Warden Lichty Councillor Greenwood-Speers
That the report be deferred to a future meeting upon the return of the Treasurer Carried Ms. Amini advised that Mr. Lemieux, Director of Corporate Services/Treasurer was not able to attend this meeting. If the Committee were satisfied with the changes, the recommendation would be to have the policy put on the County’s EngageFrontenac site for public consultation. If there were major comments or concerns, the report would need to be deferred until Mr. Lemieux was present. The following comments were made by the Committee: 1.
The definitions define a proposal as a sealed written offer but the procurement process is all electronic, so these 2 items seem to conflict. 2. Section 3.1 and 3.3 speak to criteria for single source procurement but the policy does not list the criteria. The criteria should be published. 3. Under Section 5 - General Provisions item 4 it states that the Director of Corporate Services/Treasurer maintains policies, and establishes any new policies, direction and procedures but it was question if this should be Council’s role. 4. Section 5.5.5 notes that during the RFP process, all communications go through the County’s bidding platform however this this contradicts the definition section regarding sealed bids. 5. Questions were raised around strengthening the language around quotes where only 1 bid is received and it is over the estimate as there needs to be a check and balance there. 6. Under section 5.6 1 b) regarding best value for the County can be achieved …., it was suggested to add “and advantageous to the County” at the end of the line, or changing the word “can” to “may” 7. 5.6.1 security should be bid bond of 10%, not sure if you need to sign bid bonds and if not, are they still legal? 8. Item 10 – Supplier Code of Conduct, item 2 it was asked if the word “documented should be in there so that future staff are aware of past issues. It was also noted that no where does it speak to poor performance and there should be language around this. 9. Questions were raised around the requirement for contractors to have a minimum of $2M insurance as some consultants may not be able to get that amount and it was asked if staff could check this out It was suggested that after major projects, there should be a documented debrief so that future Councils, and staff, are aware of the lessons learned, given what happened during the construction of the County Administration building. It was question what the Governance Review Committee Meeting Minutes May 6, 2025
Minutes of Meeting held May 6, 2025
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role of staff is compared to what the role of Council is. Staff could bring forward a report to Council. Given the number of questions by the Committee, it was incorporated questions and comments 2025-045 Corporate Services Continued Discussions on the County of Frontenac Procedural By-law Review This report is for information. It is intended to solicit feedback from the Committee members on the preliminary review of the Procedural By-law. The Committee agreed to the amendments proposed by staff regarding the housekeeping/typographical errors. The Committee agreed to the amendments proposed by staff regarding proposed changes to the by-law. In terms of when agendas should be published, there was conflicted conversations around when agendas should go out, whether on the Friday preceding the meeting (which can overwhelm some councillors due to the volume of material) or whether they should be published 3 days prior to the meeting. Staff noted that if it were 3 days prior to the meeting, this would result in inconsistency of when agendas are published and can lead to errors or things being missed. At this point, the Committee had some consensus that the publishing of all agendas, both Council and Committee, should be the same and that Section 22.20 be updated to have agendas distributed on the Friday preceding the meeting. In terms of electronic participation, it was noted that Committees follow the same provisions of the Procedural by-law as Council and are only permitted to attend meetings electronically twice per year and for certain reasons. There was a discussion of this should be relaxed for Committee members, given they attend on a voluntary basis and many have work commitments or face accessibility challenges. The Committee asked that the Clerk poll all Committee members for feedback and report back to the next meeting. Members of the Committee provided their individual thoughts and ideas of some proposed amendments for consideration. It was decided that each member forward their proposed amendments to the Clerk, to be included in the next meetings Proposed Amendments Chart and included in the marked-up version of the by-law, for discussion and consideration at the June meeting. 6.
Next meeting date
The next meeting of the Governance Review Committee meeting will be held on Tuesday, June 3, 2025 at 10:00 a.m.
Governance Review Committee Meeting Minutes May 6, 2025
Minutes of Meeting held May 6, 2025
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7.
Adjournment
Moved By: Seconded By:
Councillor Fowler Warden Lichty
That the meeting hereby adjourn at 11:48 a.m. Carried
Governance Review Committee Meeting Minutes May 6, 2025
Minutes of Meeting held May 6, 2025
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Report 2025-066 Council Recommend Report To:
Chair and Members of the Governance Review Committee
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
September 2, 2025
Re:
Corporate Services – Continued Discussions on the County of Frontenac Procedural By-law Review
Recommendation This report is for information. It is intended to continue soliciting feedback from the Committee members on the review of the Procedural By-law. Background As directed by the Governance Review Committee, staff have begun the process of reviewing and preparing a document for each meeting that identifies the topics for a roundtable discussion on the County’s Procedural By-law 2022-0026. As noted to the Committee at its April meeting through Report 2025-041 Initial Discussions on the County of Frontenac Procedural By-law, in 2021, County Council established a Procedural By-law Review Committee to carry out a comprehensive review of then Procedural By-law that was enacted in 2013 to ensure that Council had a document that they can both understand and work with. As part of its review process, the Committee reviewed the by-law section by section, recommending to County Council about 83 proposed changes, some minor, some substantial and some new provisions. Given this comprehensive review was carried out in 2022, staff are suggesting that the Governance Review Committee focus its discussions on key elements that it feels might benefit from more in-depth discussion and potential amendments. Comment Attached is the updated Proposed Amendments Chart (Appendix I) that includes the amendments approved by members of the Committee at its previous meetings. Also attached is the Proposed Amendments Discussion (Appendix A) that includes suggestions provided by members of the Committee to the Clerk for inclusion in the Committees continued deliberations, as well as continued discussions on amendments from previous meetings as well as staff suggestions.
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Strategic Priorities Implications Priority 4. Maximize Administrative Leadership within the County Administration. • •
Ensure efficient and responsible financial management of County resources Ensure transparency and accountability of the governance of the County of Frontenac (Council and its Committees).
Financial Implications The costs associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Kevin Farrell, Chief Administrative Officer
Committee Information Report Corporate Services – Continued Discussions on the County of Frontenac Procedural By-law Review September 2, 2025
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clauses
13.2
l) and m) l) Move into Committee of Management of Fairmount Home m) Revert Back to Committee of the Whole
September 2, 2025 Meeting Proposed amendments by members of the Committee
Staff comments
Regarding Fairmount only being a Committee of Management A committee of management and a board of management versus a formal Board has the same obligation as found in section 75(1) of the FLTCA. If County Council as a board of control appoints a The new Fixing Long-Term Care Act of 2021 requires a formal committee of management from Council members, it governance structure including a board of directors. The doesn’t change their obligations to meet all requirements responsibility is that of the Board for overseeing the operation of the Act. From the Act: of the home and ensuring it meets regulatory requirements and provides quality care. I recommend that we separate this from being a committee of the Whole and establish this a true Duties of directors and officers of a corporation Board as required. If it takes a separate meeting, then so be it. 75 (1) Where a licensee is a corporation, every director and every officer of the corporation shall ensure that the It can occur after the regular County meeting. corporation complies with all requirements under this Act. Municipal Homes and First Nations Homes (2) In the case of a long-term care home approved under Part IX, (a) if there is a committee of management for the home under section 135, the obligation under subsection (1) is an obligation on every member of that committee; and (b) if there is a board of management for the home under section 128 or 132, the obligation under subsection (1) is an obligation on every member of that board.
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Committee of management, appointment 135 (1) The council of a municipality establishing and maintaining a municipal home or the councils of the municipalities establishing and maintaining a joint home shall appoint from among the members of the council or councils, as the case may be, a committee of management for the municipal home or joint home.
Committee Decision
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September 2, 2025 Meeting
Staff comments It should also be noted that the Committee of Management of Fairmount Home does not meet as part of the Committee of the Whole. There is a resolution passed that Committee of the Whole Council adjourn and meet as Committee of Management of Fairmount Home.
16.1
Delegation required to give notice 10 days ahead of meeting Since no agenda has been published and there is no opportunity then for the public to comment or present their information that may be relevant,
Delegations are able to register once an agenda has been publish as an addendum to the agenda. An addendum does require a 2/3 vote of Council. Reports that are considered at Council are typically dealing with issues such as agreements/funding/land transaction On average there are 4 delegations per year that attend Council. Apart from those who come during the public meeting regarding the budget, most delegations come for a specific issue that is not on the Council agenda, or are invited to come and speak. Items that routinely involve issues that affect the public, are vetted through a committee first, and Section 22.25 of the Procedural By-law permits the Chair to open the floor to allow members of the public to speak.
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There should be no 1-2-3 readings that block public participation from the decision-making process except for confirmatory by-law or emergency situations.
By-laws are the formal decision of Council however these are typically preceded by a report, either to Council or to a committee. This report process at committee level is where the public has its ability to be part of the decisionmaking process.
Committee Decision
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S. 17.8 17.9
19.4 19.5
clauses
September 2, 2025 Meeting Points of Order and Privileges- would like another review with a view to expansion of steps/consideration process of dealing with Points of Order and Privilege- suggestion
Staff comments For discussion
revisit whether S Frontenac should be afforded 2 votes as it also has closest access to resources of the City- it least rural or isolated in reality and has existing agreements unique to it with the city
Section 218 of the Municipal Act sets out the County’s ability to determine its composition, and specifically, 218 (3) addresses the Number of votes and states: (3) Without limiting sections 9, 10 and 11, those sections authorize an upper-tier municipality to change the number of votes given to any member but each member shall have at least one vote. 2006, c. 32, Sched. A, s. 93 (3). In 2009, through By-law 2009-0042, the composition of County Council went from 4 members (Mayor of each Township) to 8 members (Mayor and one other member of Council from each Township) That by-law provided each member with 1 vote except for the Mayor of South Frontenac who shall have 2 votes.
21.3
Slow down the 1-2-3 reading of bylaws to allow better debate and access for public to present
For discussion but public debate typically takes place at the Committee level.
Committee Decision
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S. 21.5
clauses
22.20
Schedule B-2
PEDAC Mandate & Terms of Reference
Staff comments For debate
would still like 3 business days where possible but if too confusing for committee reports, understood- we get all full agenda 5 business days in advance at SEHU including committees and it helps us including our non-municipal board members
Appreciate these comments however it should be noted that the SEHU is not bound by the public notice requirements under the Municipal Act
• •
• •
Schedule C
9.15
September 2, 2025 Meeting Don’t pass Bylaw in one meeting except for confirmatory or emergency
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Electronic Meetings
Terms of Reference last paragraph- ? Refresh and educateCIP’s clarify where they would come from? Townships? Master Plans? Official Plans? KFLA is now SEHU South East Health Unit Housing and Homelessness Advisory Committee – seems confusing as to 2 and 1 year terms? For housing and poverty….?
➢ expand exceptions to include family health issues (elder/senior care) ➢ electronic participation at committees should be the same for all committees, regardless of the nature of the committee, especially since we are proposing to reduce the number of Accessibility Committee meetings to an “asrequired” basis
KFLA will be updated to SEHU The Housing and Homelessness Advisory Committee is an external Committee that the County has no control over.
Please see Staff Report 2025-xxx
Committee Decision
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18.7
21
Motions Introduced Orally d) recess By-laws
22.8
Committees
September 2, 2025 Meeting ➢ suggest that we consider Fran’s idea of using electronic venue for everyone if the meeting is reasonably expected to last no more than one hour, do so at the call of the chair or the majority of committee members ➢ for in-person meeting, suggest electronic participation requirements be as required of Council do we really need a debate to take a 10 minute recess? can the Warden or Deputy Warden simply declare the recess?
Staff comments
The Warden or Deputy Warden can declare a recess however section 18.7 allows any member of Council to put forward a motion to recess
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➢ support current reading procedure, however, could shorten Each reading of a by-law has a different purpose: process by including all 3 readings in one resolution First reading introduces the By-law ➢ no support for extending 3rd reading and therefore decision Second reading opens the By-law for debate to a subsequent meeting Third reading passes the by-law. By doing all three readings at the same time, there is not opportunity to debate the by-law. For example, the Mayor of South Frontenac, under section 19.3 of the By-law, has 2 votes but this is only in Council. If a resolution is passed during Committee of the Whole, he/she is only permitted 1 vote. During the reading of the by-laws, there is an opportunity to open up a by-law for debate and the vote could change. ➢ suggest that the 3 consecutive meeting absences be The 3 consecutive meetings falls in line with section reduced to 2. A member could miss 2, attend 1, miss 2 and 259(1)(c) where a member of council seat becomes so on vacant if the member is “absent from the meetings of ➢ what if problem member is a councillor council for three successive months without being authorized to do so by a resolution of council). There are ➢ either way, it appears that the responsibility lies with the no additional requirements if the member is a member of Clerk. Is this delegated by Council or does it need be Council, the same rules would apply when it is in terms of a Committee.
Committee Decision
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Staff comments Committee Decision The only responsibility of the Clerk is to dialogue with the absent member to determine if they wish to stay (with reason) or resign. The ultimate decision or responsibility, as per section 22.10, lies with Council.
Schedule B-4
Administrati on Committee
➢ suggest membership be restricted to the 4 mayors
The current composition of the Committee is the Warden, Deputy Warden, and 2 Councillors from the 2 remaining Townships. If this Committee is restricted to the 4 Mayors, there is strong potential that the Warden and Deputy Warden are not on the Committee. During the comprehensive review carried out by the previous Council, the distinction between the Mayors and the second member Councillors was removed, placing all member of Council on an equal playing field
Continued Discussions on previous meeting proposed amendments
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6.10
Role of Deputy Warden
In addition to the responsibilities of performing the duties of the Head of Council in the absence of the Warden: a) Act as Chair of the Committee of the Whole. b) Be prepared to assume the duties of the Warden. c) Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus. d) Support and attend meetings of a political nature at the request of the Warden. e) Be generally familiar with executive requirements of the County.
Continued discussions and recommendations of if clause a) should be removed to keep the Warden in the Chair during meetings.
9.15
Electronic only permits Councillors to participate in a meeting remotely via Options for discussion: ➢ add an additional provision that allows a member of Participation electronic means, in the event: i. the County of Frontenac is in a declared emergency as Council to participate remotely if attending a meeting or event on behalf of their respective township. defined by the Emergency Management and Civil
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9.17
clauses
September 2, 2025 Meeting Protection Act, R.S.O. 1990. ii. Due to a significant weather event. iii. a member is ill, injured or on parental leave. iv. a member has been duly appointed to an external advisory board/committee and is attending a meeting or event hosted by that board/committee, should they be performing this role within Canada.
Staff comments ➢ Add an additional clause that for attending Joint Council meetings with the member municipalities
Members may participate electronically in meetings up to two (2) Schedule B sets out Committees of Council and their times per year. A member of Council may request permission respective mandates, which mandates that Committees from the Warden to participate electronically in additional shall adhere to the County’s Procedural By-law meetings as a result of extenuating circumstances The Committee discussed at the previous meeting considering a separate provision around electronic participation for Advisory Committee members, given that citizen appointments are on a volunteer basis by citizens, most of which still hold employment. In addition, some Committee meetings are less than an hour in length, with some members living with disabilities, making it difficult to attend the County Administration Office. These members, if limited to meeting the criteria in Section 9.15, would not be able to regularly participate and attend meetings.
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The Clerk reached out to both the members of Planning and Economic Development Advisory Committee and the Accessibility Advisory Committee for comments on this. Comments are attached to the report as Appendix B. PEDAC – members would be fine either way but support the by-law being amended to provide more flexibility FAAC – limit of 2 meetings creates a barrier, both physically and regarding work commitments
Committee Decision
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clauses
15.1
Pecuniary Interests
21
By-laws
September 2, 2025 Meeting Consider adding:
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Staff comments Committee Decision Through discussions with the Township of South Frontenac, who have recently gone through the exercise Electronic participation will not be allowed at the following of reviewing its Procedural By-law, legal advice has been meetings: that prohibiting electronic participation during closed meetings ensures that information is secured by removing 5) No Member shall participate in a meeting, through electronic means, when the meeting is closed to the public. inadvertent breaches, such as the conversations being overheard in adjacent rooms. It does not protect a deliberate breach by a member. Consider adding Clause e) will help clarify form members when declaring pecuniary interests in closed session. Because closed e) Where the declaration of interest is made on a matter that is session falls ahead of open session, it can be declared at not open to the public, the Members shall, in a written the public portion of the agenda. The ability to declare at statement to the Clerk, declare the interest, and that shall be the next open meeting would take into account if the recorded in the minutes during open session, or of the next closed meeting is required to continue after open session meeting that is open to the public. due to lack of time. f) A Registry shall be kept by the Clerk of every written Clause f) is a requirement under section 6.1 of the statement made by Members of the general nature of the Municipal Conflict of Interest Act declared interest. The Registry shall be available for public inspection. Consider adding: As noted during the Committees first review of the by-law an proposed amendments (Appendix C – Proposed “21.9 The Clerk, in consultation with the Chief Administrative Amendments Chart), there were 28 typographical errors Officer, may make the following changes to by-laws: that would have applied to a). a) correct spelling, punctuation or grammatical errors, or errors which are clerical, typographical, arithmetic or similar in There were 4 amendments (Committee’s meeting their nature; mandate) that would have applied to d) or f) b) alter the style or presentation of text or graphics to improve This would allow the Clerk to fix these errors or issues electronic or print presentation; c) replace a description of a date or time with an actual date or without bringing a report or amending by-law to Council. time; d) if a provision provides that it is contingent on the occurrence of a future event and the event occurs, remove text referring
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September 2, 2025 Meeting Staff comments to the contingency and make any other changes that are required as a result; e) correct errors in the numbering or provisions or other portions of a by-law and make any changes in crossreferences that are required as a result; f) if a provision of a transitional nature is contained in a by-law, make any changes that are required as a result; and g) make a correction, if it is obvious both that an error has been made and what correction should be taken to more fully represent the intention of Council.”
Committee Decision
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Accessibility Advisory Committee
Planning and Economic Development Advisory Committee Being able to attend meetings via Zoom Would always prefer to be there in has made many activities possible for me. person. Yet, it would be a limitation to me If I were required to attend FCAAC if the Zoom option was set with those meetings in person, I would almost barriers since I’m a retiree that may certainly- but very reluctantly - resign simply be out of the area that month as I from the committee. was the last time. To attend a meeting in person, I have to drive 15 km to the ferry dock, wait in line for up to two hours, assuming the ferry hasn’t been taken out of service for maintenance, and hope no ambulance call affects the ferry schedule. It’s a 20minute trip to the mainland, five to ten minutes to get off the ferry and dock, and then a drive to the meeting location. I have to find an appropriate parking spot, and lift a 45-pound rollator from the back of my car. At the end of a meeting that is usually less than one hour in duration, I have to repeat these steps in reverse. Like many people living with a disability, I have good days and bad days. They cannot be scheduled. If I am driving, I can’t take pain medication. Sometimes I struggle to get my rollator in and out of the car due to fatigue. To attend meetings in person on those days, I have often asked my husband to drive me. His availability depends on his teaching schedule at St Lawrence College. I believe attendance in person is ideal, but the ideal is often not possible. The new ferry has added new barriers for people with mobility issues on Wolfe Island. There is no public transportation here. When the ferry operates from the village, there is now no parking at the dock for any passengers, let alone those with disabilities. All parking at the dock in Kingston was also removed as part of the ferry replacement project.
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Thank you for giving FCAAC members an opportunity to provide input to this governance review, Jannette! My feedback is based on my experience living with physical challenges, but I will note that physically able volunteers I work with in other groups often miss meetings due to challenges with childcare or elder care. If we truly want public bodies to have representation from volunteers within the community, it seems like one of the easiest barriers to address is the requirement for in person attendance at meetings. Unless these meeting are held after business hours then I will not be able to attend in person because I am employed full-time.
I’m not concerned about the limit as I prefer in person Thanks for asking the committee
I think that there is no reason why I cannot fulfil my duties as part of this committee remotely. This indeed causes barriers, and I think this an outdated bylaw that should be updated across the board. Happy to have to continue this conversation with any one at the county. Being able to attend via zoom only twice I’m ok with amending the bylaw for a year may impact me. Recently I was off maximum inclusivity, for a few months and it wasn’t so much of an issue… But I’m returning to work on the 22nd of May and attending in-person would end up cutting into my employeerelated responsibilities as I just take the time during work to do the committee meetings. I might have to look at a different scenario if I’m going to be using more of my work time traveling to and from and attending the meetings in person. Also, other concerns would involve weather and accessibility. The current situation is no barrier to my
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attendance. I prefer people to be present at a meeting but understand that many people aren’t as available in person as they maybe by virtual attendance. I believe the bylaw should be amended to provide more flexibility. In-person is preferred but limiting to 2 zoom meetings creates a barrier when their support person is not available to drive them to the meeting
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Date of Meeting
S.
EXISTING
Proposed Changes to By-law
Explanation
Committee Member Comments
Housekeeping Amendments May 2, 2025
3.2
“3.2 c)”
3.3
Typographical error
Agreed
4.3
December
November
Council term now beings November 14 stemming from amendments to the Municipal Elections Act
Agreed
4.6
Subsect. (2)
Subsection 4.4
Typographical error
Agreed
Remove the line “and Council Liaison meetings, should the alternate be appoint to represent a second member Councillor”
This is a housekeeping matter as the new Procedural By-law removed the Council Liaison positions.
Agreed
4.9
5.11
Section 233
Section 233 (4)
Typographical error
Agreed
6.8
Administrator
Replace with Administrative Officer Remove reference to “resolutions”
Typographical error
Agreed
Typographical error – the County no longer does resolution sheets.
Agreed
8.3 and 8.4
Typographical error
Agreed
Section 9.4
Typographical error
Agreed
Typographical error
Agreed
9.20
Remove the word “that” after Council Change the word “noted” to “note”
Typographical error
Agreed
9.23
Change Section 6.19 to 9.21
Typographical error
Agreed
7.1 i) 8.6 9.6 9.13
7.10.2 sub section (c) Section 6.3
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Date of Meeting
S.
EXISTING
Proposed Changes to By-law
Explanation
10.5
Change 7.1 to 10.1
Typographical error
12.1
Remove the words “provided that such number is not less than two”
Committee Member Comments Agreed
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13.4
Agreed Typographical error – this was pulled from a portion of the old by-law where is spoke to quorum in terms of members of Council excusing themselves from a meeting due to a pecuniary interest. It will be added to section 12.6 Agreed Remove reference to “Members of Typographical error – this was pulled Township Councils, Township from the old by-law in reference to Joint Staff and Media Council meetings Agreed Change 9.3 to 12.4 and 12.5 and Typographical error – see comments add “provided that such number is under 12.1 not less than two” Agreed Change 3.4 to 11.1 Typographical error Agreed Removed this section This is a repeat of section 3.1
13.5
Change 6.8 to 9.8
Typographical error
Agreed
15.5
Change 16.1 to 15.1
Typographical error
Agreed
18.9
Change 19.5 to 18.7
Typographical error
Agreed
19.15 b)
Change 20.4 to 18.27
Typographical error
Agreed
19.15 c)
Change 20.10 to 18.30 and 18.31
Typographical error
Agreed
19.15 d)
Change 20.3 to 18.21 and 18.22
Typographical error
Agreed
12.3
12.6
13.1
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Proposed Changes to By-law
Explanation
19.15 e)
Change 20.3 to 18.21 and 18.22
Typographical error
22.12
Remove this section
This can likely be removed since we no longer appoint Mayors to Committees. The new by-law saw all members of Council as equal
Agreed
Schedule B-3 Admin. Building Task Force Schedule B-5
Disband this Committee
This Committee has met its mandate and can now be disbanded.
Agreed
Remove reference to Communal Services Governance/Operations Model Review Committee, Communal Services Technical Advisory Committee, and Procedural By-law Review Committee
These Committee have been disbanded Agreed through By-law. With this review, they can now be removed.
Disband this Committee
This Committee has met its mandate and can now be disbanded.
Agreed
Change reference from By-law 2013-0020 to 2022-0026
Typographical error
Agreed
Schedule B-6 CAO Selection Committe e Schedule B-1 Joint Accessibi
EXISTING
Committee Member Comments Agreed
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EXISTING
lity Advisory Committe e Schedule B-2 Planning and Economi c Develop ment Advisory Committe e Schedule B-4 Administra tion Committee
Proposed Changes to By-law
Explanation
Committee Member Comments
Change reference from By-law 2013-0020 to 2022-0026
Typographical error
Agreed
Update to reference By-law 20220026
Typographical error
Agreed
Proposed Amendments 9.3 h)
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Appointments to External Boards and Committees
Staff are proposing to remove this as an Agreed item of business at the Councils first inaugural meeting as this meeting if a formal meeting to swear in the new Council
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EXISTING
17.6
Heading is Speak Once but the body of the text allows to speak twice
22.20
Three days prior to the Meeting
by the Friday preceding the date of the Committee Meeting.
Distribution of Committee agendas should be consistent with distribution of Council agendas. This proposed change mirrors section 11.1 regarding Notice of Meetings
22.27
Members rights
Add “of Council” after Members
This makes it more clear that this section is speaking about members of Council’s rights at Committee meetings and not members of the Committee
Remove this section
Agreed This is the only Committee that is mandated to meet a set number of times. In addition, because the County does not provide services to the public, it is difficult to report to this Committee quarterly.
Schedule (iv) The Committee B-1 shall hold a Joint Accessibi minimum of four (4) and a lity Advisory maximum of Committe six (6) Meetings per e year
Proposed Changes to By-law
Explanation The heading and the body of the text conflicts. Is it the Committees preference to allow members to speak once on the same question or speak twice.
Committee Member Comments The Committee opted to change the heading to allow members to speak twice.
Agreed
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Committee Member Comments Explanation Proposed Changes to By-law EXISTING S. Date of Meeting
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Committee Member Comments Explanation Proposed Changes to By-law EXISTING S. Date of Meeting
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Consolidated Copy Amendments General Amendments By-law No.
Title
Date of Passage
2023-042
To delete the Communal Service Governance/Operational Model Review Committee and add the Communal Services Technical Advisory Committee)
Sept. 20, 2023
2023-051
to amend By-law No. 2022-0026 (to add the Chief Administrative Officer Selection Committee)
Nov. 23, 2023
2024-005
To Delete the Communal Services Technical Advisory Committee
Jan. 17, 2024
2024-029
Establishment of a Governance Review Committee and Disbandment of the Procedural By-law Review Committee and delete the Procedural By-law Review Committee
October 16, 2024
2023-020
Appointment to the Joint Frontenac Accessibility Advisory Committee
Apr. 19, 2023
2024-039
To appointment David Yerxa to the FAAC
Nov 20, 2024
Committee Appointment Amendments
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By-Law No. 2022-0026 OF The Corporation of the County of Frontenac being a by-law to govern the proceedings of the Council and its Committees, the Conduct of Members and the Calling of Meetings and to Repeal By-Law Number 20130020, Council Procedural By-Law, as Amended, in its Entirety Short Title: “Procedural By-Law” Whereas The Ontario Municipal Act, 2001, authorizes the Council of every municipality to pass By-laws for governing the proceedings of its Council, the conduct of its Members and the calling of meetings; And Whereas, Section 238 (2) further indicates that every municipality and local board shall pass a Procedure By-law for governing the calling, place and proceedings of meetings; now therefore be it And Whereas the Council of the Corporation of the County of Frontenac deems it expedient to repeal and replace By-Law Number 2013-0020, Council Procedural ByLaw, as amended, which was passed on May 15, 2013; Now Therefore Be It Resolved That the Council for The Corporation of the County of Frontenac hereby enacts as follows: Section 1: Short Title 1.1
This Chapter may be referred to as “The Procedural By-Law”. Section 2: Interpretation/Definitions
Use of Pronouns 2.1
Throughout this by-law, the words “he” and “his” shall, where appropriate, be deemed to read “she” and “her”.
Headings 2.2
Headings are inserted in this by-law for ease of reference only and are not to be used as interpretation aids.
Definitions 2.3
In this By-Law: “Abstain” means to refrain from voting. Members who abstain for reasons other than a declared conflict of interest shall be deemed to vote in opposition of the question or matter. “Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended or reenacted from time to time.
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“Ad Hoc” Committee means a committee appointed by Council from time to time, to act on a temporary or singular issue and shall be discontinued by Council when their recommendations upon the specified initiative or matter have been provided, and dealt with by Members of Council and further recommendations are no longer required. “Addendum” means a listing of the items to be added to or withdrawn from a published agenda. “Advisory Committee” means a committee established by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. “Agenda” means the Order of the Day. “Alternate Member” means a member appointed by the Township(s) to act in place of a person who is the member of the Township council and County Council, when the person is unable to attend a meeting of County council for any reason. “Briefings” A verbal update to County Council or Committees of County Council by County Staff or consultants to the County or someone with expertise who has been invited by County Council or Committee. “CAO” means the Chief Administrative Officer of The Corporation. “Chair” means the person presiding at a meeting. “Clerk” means the Clerk of the County of Frontenac as required in the Municipal Act, 2001, and as appointed by By-Law. “Closed Meeting” means a meeting or a part of a meeting of Council or a Committee, which is not open to the public in accordance with the Municipal Act, 2001 and any amendments thereto. “Closed Meeting Investigator” means the body authorized by Council to investigate requests for a closed meeting investigation. “Committee” means any standing committee, sub-committee, advisory committee, ad hoc committee or task force established by County Council. “Committee Chair” means the person presiding at a committee meeting. “Committee of the Whole” means a meeting of all Members of Council sitting as Committee of the Whole at which the rules in this by-law with respect to the number of times a member may speak to an issue do not apply, with the exception to Delegations. “Committee Vice-Chair” means the Vice-Chair of a Committee, who shall act in the Chair’s absence.
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“Council” means the Council of the Corporation. “Corporation” means the Corporation of the County of Frontenac. “Delegate” means the presenter for the delegation in attendance at a Council or Committee meeting. “Delegation” means an address to Council or Committee made at the request of a person wishing to speak. “Deputy Warden” means the position appointed to fulfill the responsibilities of the Warden in his absence. “Ex Officio” means the Warden who by virtue of office shall be a member of all Committees and shall have the same rights and privileges as other members of the respective committee. “Holiday” means: New Year’s Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Day, Boxing Day. “Integrity Commissioner” means the body authorized by Council to review complaints made with respect to the Code of Conduct for Members of County Council and Committees. (Amended by By-law 2015-0044 passed October 21, 2015). “In Writing” means handwritten, typewritten or electronically displayed. “Majority Vote” means an affirmative vote of more than one half of the Members present and voting. “Meeting” means a quorum of the Members of Council or Committee that are present and discuss issues in a way that materially advances the business or decision making of Council or Committee. “Member” means a Councillor of the Corporation and for Committees as defined in 1(h), shall mean a person appointed to the Committee. “Minutes” means a record, without note or comment, of all resolutions, decisions and other proceedings of Council and Committee Meetings. “Motion to Call the Question” means a motion to close debate and bring Council to a vote on a pending question. “Motion to Postpone” means a motion by which action on a pending question can be put off, within limits, to a definite day, meeting, or hour, or until after a certain event. “Motion to Receive” means a motion to acknowledge the particular item, report or recommendation under consideration and to have it placed in the records of Council with no additional action being taken. By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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“Motion to Refer” means a motion to dispose of a question under consideration, with or without any proposed amendment, in order to seek consideration by, and, if deemed desirable, one or more reports from any designated committee, body or official. “Motion to Table” means a motion to postpone without setting a definite date as to when the matter will be considered again. “Ombudsman” means the Ombudsman appointed under the Ombudsman Act. “Pecuniary Interest” means a direct or indirect pecuniary interest of a Member of Council within the meaning of the Municipal Conflict of Interest Act, R.S.O. 1990, c.M.50, as amended. “Point of Order” means a question by a Member with a view to calling attention to any issue relating to the Procedure By-law or the conduct of Council’s business or in order to assist the Member in understanding Council’s procedures, making an appropriate motion, or understanding the effect of a motion. “Point of Privilege” or “Personal Privilege” means a question by a Member who believes that another Member has spoken disrespectfully towards that Member or another Member or who considers that his integrity or that of a Member or County official has been impugned or questioned by the Member. “Present” means physically or through virtual format in attendance at the meeting. “Presentation” means an address to Council or Committee at the request of Council, a committee or staff. “Quorum” as it relates to Council and its Committees means a majority of the members. “Recorded Vote” means a written record to be included in the minutes of the meeting of the name and vote of every Member voting on any matter or question. “Resolution” means the decision of Council or its Committees on any motion. “Standing Committee” means a Committee of Members of Council appointed by Council to consider matters regarding the Committees mandate. “Time Sensitive Items” means those items on the agenda or addendum where action must be taken prior to the next regularly scheduled meeting of County Council. “Two-thirds majority vote” means an affirmative vote of at least two-thirds of the Members present.
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“Warden” means the Head of Council of The Corporation. Section 3: Application General 3.1
The rules of procedure set out in this by-law shall govern all proceedings of Council and its Committees.
Suspension of Rules of Procedure 3.2
Subject to Subsection 3.2 c)3.3 any part or parts of this by-law may be suspended, by resolution clearly indicating the purpose and intent of the suspension, if agreed upon by two-thirds majority vote of the Members present, provided the motion is in order.
3.3
The suspension shall only apply to the rule and/or procedure which is stated within the Motion to Suspend, clearly indicating the purpose and intent of the suspension and only during the Meeting in which such Motion to Suspend was introduced.
3.4
Notwithstanding Subsection 3.2 of this By-Law, the following rules and procedures may not be suspended: (a) Quorum necessary for Meetings; (b) the special Meeting rule set out in Subsection 9.11 of this By-Law; (c) the Motion to Reconsider rules set out in Subsection 18.30 and 18.31 of this By-law; and, (d) any rules or procedures that are set out by legislation.
Purpose and Intent 3.5
The purpose of this By-law is to seek to achieve consensus in an orderly and principled manner and the rules of this By-law are based on the principle that: a) The majority of members have the right to decide; b) The minority of members have the right to be heard; c) All members have the right to information to help make decisions, unless otherwise prevented by law; d) Members have the right to an efficient meeting; e) All members have the right to be treated with respect and courtesy; and, f) All members have equal rights, privileges and obligations.
Statutory Requirements 3.6
Notwithstanding anything in this by-law, where Council or a Committee convenes for the purpose of holding a meeting as required by any statute, the provisions of the statute and the Statutory Powers Procedure Act, as applicable, shall govern the proceedings.
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Parliamentary Authority 3.7
The governing legislation, the Procedural By-law, or any standing or special rules of order adopted by the County of Frontenac shall govern the procedures of the Council and committees. Where inconsistencies exist, the latest edition of “Robert’s Rules of Order” shall be the parliamentary authority, which governs the proceedings. Section 4: Membership on Council
Certificate of Election 4.1
No person shall take a seat on Council until the Clerk has received the certificate of election from the Clerk of the lower tier municipality as established by Section 232 of the Municipal Act, 2001 and amendments thereto
Declaration of Office 4.2
In accordance with the provisions of Section 232 of the Municipal Act, 2001 and amendments thereto, no person shall take a seat on Council until the person takes the Declaration of Office in the form established by the Minister for that purpose.
4.3
The Declaration will be administered by: a) The Clerk at each December November inaugural meeting b) A Justice of the Peace at the Inaugural meeting of the new Council, unless unavailable
Appointment of Alternate Member 4.4
Pursuant to Section 267 of the Municipal Act, 2001 and amendments thereto, if a Member of County Council is unable to act as a Member of County Council for a period exceeding one month, the local municipal council may appoint one of its Members as an Alternate Member of County Council to act in place of the Member until the Member is able to resume acting as a Member of County Council.
4.5
Pursuant to Section 268 of the Municipal Act, 2001 and amendments thereto, the council of a local municipality may appoint one of its members as an alternate member of County council, to act in place of a person who is a member of County Council, when the person is unable to attend a meeting of County Council for any reason
4.6
Subsection (2)4.4 does not authorize: (a) the appointment of more than one alternate member during the term of council; (b) the appointment of an alternate member to act in place of an alternate member appointed under subsection 267 (1) or (2); or (c) the appointment of an alternate head of council of the County of Frontenac.
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4.7
Despite clause 4.6 (a), if the seat of the member who has been appointed as an alternate member under subsection 4.6 becomes vacant, the council of a local municipality may appoint another of its members as an alternate member for the remainder of the council term.
Alternate Members of County Council 4.8
An Alternate Member shall not take his seat on County Council until the Clerk of the County has received a certified copy of the appointment by-law passed by the lower tier municipality naming the alternate.
4.9
An alternate appointed under Section 267 of the Municipal Act shall be limited to representing the municipality at a meeting of County Council with the exception of the annual Inaugural Meeting, and Council Liaison meetings, should the alternate be appointed to represent a second member Councillor but not at a meeting of an advisory or special committee, board or agency to which the member of Council has been appointed.
4.10
An alternate appointed under Section 268 of the Municipal Act shall be limited to representing the municipality at a meeting of County Council with the exception of the annual Inaugural Meeting, and not at a meeting of an advisory or special committee, board or agency to which the member of Council has been appointed.
4.11
If appointed under Section 268 of the Municipal Act, it is the responsibility of the Member of Council upon whose behalf an alternate will be serving to ensure that a copy of the meeting agenda is provided to the alternate in advance of the meeting.
4.12
The reimbursement of appropriate costs incurred by an alternate while serving in this capacity shall be paid by the County; however any remuneration will be the responsibility of the constituent municipality. An alternate shall not be eligible to attend a convention or seminar on behalf of the County.
4.13
An alternate attending a meeting of County Council as an observer only, shall leave the meeting room when the meeting is closed to the public. Section 5: Election of Warden and Deputy Warden
Term of Office 5.1
The term of office of the Warden and Deputy Warden shall be 1 year unless re-elected to remain in Office by Council
Election of Warden and Deputy Warden 5.2
The election of the Warden and Deputy Warden shall be held each year at the November County Council meeting
Eligibility to hold office of Warden and Deputy Warden 5.3
All members of County Council are eligible to hold the office of Warden and Deputy Warden.
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5.4
The Warden and Deputy Warden cannot be from the same municipality.
Presiding Officer 5.5
The election of the Warden shall be conducted by the Clerk.
Nominations 5.6
Nominations shall be received until Council by Motion closes the nominations
5.7
Once nominations have been closed, the Clerk shall determine the willingness of each candidate nominated to stand for election
5.8
Each mover and seconder of those candidates who stand for election shall be entitled to speak once in support of their candidate for a maximum of five minutes
5.9
Each candidate who stands for election may make a presentation to Council, not to exceed five minutes in duration
Voting 5.10
The election of the Warden shall be by secret ballot under the authority and the direction of the Clerk
5.11
Pursuant to Section 233(4) of the Municipal Act, 2001 and amendments thereto, for the purposes of election of Warden, each Member of County Council shall have one vote
5.12
If no candidate for Warden receives a majority of the votes cast, the candidate receiving the fewest votes shall be eliminated from the next secret ballot. In the case of a tie for the fewest votes, there will be a second vote of the candidates that tied to determine which candidate will be eliminated from the ballot
5.13
In the case of an equality of votes for Warden, the successful candidate shall be determined by the Clerk placing the names of the candidates on equal size pieces of paper in a receptacle and one name shall be drawn by a person named by the Clerk. The successful candidate shall be the one whose name was drawn
5.14
All ballots shall be destroyed by shredding them following the election of Warden and Deputy Warden
Acclamation of Warden 5.15
Where only one person is nominated for Warden and nominations have been closed by resolution, the Clerk shall declare that person elected to the office in question, by acclamation
Election of Deputy Warden 5.16
The same process shall be followed for the election of the Deputy Warden as for the Warden
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Section 6: Roles and Responsibilities Role of Council 6.1
It is the role of Council to: a) Represent the public and to consider the well-being and interest of the municipality; b) Develop and evaluate the policies and programs of the municipality; c) Determine which services the municipality provides; d) Ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council e) Ensure the accountability and transparency of the operations of the municipality, including the activities of the senior management of the municipality; f) Maintain the financial integrity of the municipality; and g) Carry out the duties of council under the Ontario Municipal Act or any other act.
6.2
Individual Authority – not provided No individual Council Member may direct any Member of staff to perform such duties that have not been authorized by resolution of the Council.
6.3
Established Policies – Members – respect Members of Council shall respect and adhere to the Policies set by the Council and under no circumstances take it upon themselves individually to circumvent established policies.
6.4
Council – liaison with CAO Council Members will liaise with the Chief Administrative Officer on any given matter concerning the municipality.
6.5
Information – by Staff – Members of Council Council Members may request clarification and information from Members of staff, at a meeting on routine matters, who have been assigned the responsibility of providing standard operating procedures.
Preparation of Members to Council Meetings 6.6
Members of Council shall come prepared to every meeting where their participation is required, by having read all the material supplied, including agendas and staff reports, to facilitate discussion and the determination of action at the meeting. Whenever possible, the Members(s) shall make inquiries to Management regarding materials supplied in advance of the meeting
Reports - Requests 6.7
All requests for substantive reports shall be by Council resolution, which shall identify the appropriate Department or Manager and objectives of the report.
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Interference – directed to administration 6.8
No Members(s) shall have the authority to direct or interfere with the performance of any work by Administration of the municipality. All inquiries shall be directed through the office of the Chief AdministratorAdministrative Officer
Role of Warden 6.9
It is the role of the Head of Council to: a) Act as Chief Executive Officer (CEO) of the municipality; b) Preside over Council Meetings so that its business can be carried out efficiently and effectively; c) Provide leadership to the Council d) Provide information and recommendations to the Council with respect to the role of council as described in section 5.1 (d) and (e) above; (without limiting section (5.2(c)) e) Represent the municipality at official functions; f) Carry out the duties of the head of council under this or any other Act. g) Uphold and promote the purposes of the municipality h) Promote public involvement in the municipality’s activities i) Act as the representative of the municipality both within and outside the municipality, and promote the municipality locally, nationally and internationally; and j) Participate in and foster activities that enhance the economic social and environmental well-being of the municipality
Role of Deputy Warden 6.10
In addition to the responsibilities of performing the duties of the Head of Council in the absence of the Warden: a) Act as Chair of the Committee of the Whole. b) Be prepared to assume the duties of the Warden. c) Meet regularly with the Warden to be briefed on political matters such as the work of the Eastern Ontario Wardens Caucus. d) Support and attend meetings of a political nature at the request of the Warden. e) Be generally familiar with executive requirements of the County.
6.11
The duties of the Deputy Warden do not include ex officio responsibilities on Committees.
6.12
Other than noted above, appointment to the position of Deputy Warden does not confer any additional powers or duties upon the incumbent in the general execution of duties defined as a County Councillor.
Chief Administrative Officer 6.13
It is the role of the Chief Administrative Officer to: a) Exercise general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality and the staff placed under his/her supervision; and b) Perform such other duties as assigned by the municipality.
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Clerk 6.14
It is the role of the Clerk to: a) Record, without note or comment, all resolutions, decisions and other proceedings of the Council; b) Record the name and vote of every Member voting on any matter or question, if required by any Member present at a vote; c) Keep the originals or copies of all By-laws and of all minutes of the proceedings of the Council’ d) Perform the other duties required under the Ontario Municipal Act, the Municipal Elections Act, and any other Act and e) Perform such duties as are assigned by the municipality
Delegation – by Clerk 6.15
The Clerk may delegate in writing to any person, other than a Member of Council, any of the Clerk’s powers and duties under this and any other Act.
6.16
Despite the delegation, the Clerk may continue to exercise the delegated powers and duties.
Municipal Administration – Officers – Employees 6.17
It is the role of municipal administration to: a) Implement Council’s decisions and establish administrative practices and procedures to carry out Council’s decisions; b) Undertake research and provide advice to Council on the policies and programs of the municipality; and c) Carry out other duties required under this or any Act and other duties assigned by the municipality Section 7: Conduct During Meetings
Role of the Warden 7.1
It shall be the duty of the Warden: a) To preserve order and decorum and decide all questions of order, subject to an appeal to the Council b) To receive and submit, in the proper manner, all motions presented to the Members of the Council c) To put to vote all questions which are properly brought before Council or necessarily arise in the course of proceedings, and announce the results d) To rule on all procedural matters, without debate or comment e) To decline to put to a vote motions which do not comply with the rules of procedure, or which are not within the jurisdiction of Council f) To restrain the Members, within the rules of order, when engaged in debate g) To call by name any Member persisting in breach of the rules of order of the Council and may order the Member to vacate the Council Chamber h) To adjourn or suspend the Meeting if the Warden considers it necessary because of grave disorder
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7.2
i) To authenticate, by signature, all by-laws, resolutions and minutes of the Council; j) To represent and support the Council, declaring its will and implicitly obeying its decisions in all things The Warden may expel or exclude from any Meeting any person or Member whom the Warden feels has exhibited improper conduct during a Meeting of Council
Warden to Participate in Discussion 7.3
The Warden (or Chair) may ask or answer questions and comment in a general way without ceding the chair.
7.4
If the Warden (or Chair) wishes to speak on a motion or take a definite position and try to persuade Council to support that position, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair of a Committee) to take over the chairing of the Meeting until the Warden has finished speaking.
7.5
If the Warden (or Chair) wishes to make a motion, then the Warden (or Chair) must call on the Deputy Warden (or Vice-Chair) to chair the Meeting until the motion has been resolved.
Voting 7.6
The Warden may vote on any matter at his discretion with the exception of a recorded vote at which time voting is required
Conduct of Members 7.7
No Member shall: a) Speak disrespectfully of any Member of Federal or Provincial parliaments, the Council, any constituent municipality, any member or any official or employee of the County; b) Use offensive words or unparliamentary language; c) Speak in a manner that is discriminatory in nature on the basis of the individual’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability; d) Engage in private conversation while in the Council Meeting or use electronic devices (including but not limited to cellular phones) in a manner which interrupts the proceeding of the Council; e) Leave his seat or make any noise or disturbance while a vote is being taken and until the result of the vote is announced; f) Speak on any subject other than the subject under debate; g) Where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of deliberations of the closed Meeting; h) Criticize any decision of the Council except for the purpose of moving that the question be reconsidered; or
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i) Disobey the rules of the Council or a decision of the Chair or of the Council on questions of order or practice or upon the interpretation of the rules of the Council. In case a Member persists in any such disobedience, after having been called to order by the Warden, the Warden shall not recognize that Member, except for the purpose of receiving an apology from the Member tendered at the Meeting or any subsequent Meeting Dress Code – Council Meetings – Public Meetings 7.8
All Members of Council are expected wear proper business attire (ties optional) during regularly scheduled, special and In-Camera meetings, although exceptions may be made during extenuating circumstances.
Dress Code – Committee of the Whole 7.9
During any Saturday or Budget meeting, Members of the Council may, if they so choose, wear a “Business casual” attire, which shall mean clothing that is less formal than the regular Business Attire.
Head Dressing 7.10
During the conduct of any meeting of the Council, wearing of any hats, other than for religious purposes, are strictly forbidden by any Members of the Council, Administration or Members of the General Public. Section 8: Code of Ethic – Confidentiality
Executive (In-Camera) subjects – public interest 8.1
Upon completion of any “In-Camera” council meetings, the decisions of the Council with respect to any of the enumerated items listed in Section 4.10; and direction to municipal Administration in accordance therewith, shall then be reported publicly by Council, to the extent that the public interest permits.
Council Response – In-Camera enquiries 8.2
The response of Council Members to enquiries about any matter dealt with during an “In-Camera” closed meeting, prior to it being reported publicly, shall be “This matter is still under advisement” “no comment”, or words to that effect.
Violation of regulation 8.3
Any violation of process to this regulation will result in exclusion of the offending Council Members, requiring a two-thirds vote, from future closed meetings of Council and that Members shall no longer be provided with correspondence, materials or information proposed to be dealt with by Members of Council at a closed meeting.
Exclusion – closed meetings 8.4
The determination of whether or not a violation of process to the closed meeting provisions of this By-law and the length of the exclusion from closed meetings, if so determined, shall be made by Council at a closed meeting and the issues shall be considered by Council prior to the affected Members being excluded
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from any closed meeting by a two-thirds vote. The results of Council’s deliberation shall be reported out publicly. Separate Resolution – per Member 8.5
If the purported violation of the process to the closed meeting provisions of this By-law by more than one Member is to be considered, a separate resolution of Council with respect to each affected Members is to be considered.
Member not permitted to vote 8.6
Notwithstanding Section 7.10.2 sub-section (c) 8.3 and 8.4, the Member affected shall not be permitted to vote on a motion respecting his purported violation of the closed meeting provision of the Procedural By-law, his exclusion from closed meetings, or the length of any such exclusion and may be asked to excuse themselves from the vote, at the discretion of Council.
Release of Information 8.7 The release of any information about matters dealt with by Council at a closed meeting shall be by the Warden or her/his delegate only upon direction of the majority of Council No public release – documents 8.8
Agendas or any items thereon for consideration by Council at a meeting closed to the public shall not be released to the public.
Obligation – confidentiality 8.9 It is the obligation of each Member of Council to keep information confidential and this obligation continues even after the Member ceases to be an elected Member of Council
- Section 9: Types of Meetings of Council Inaugural Meeting 9.1
The Inaugural Meeting of the new Council shall be held on the last Wednesday of November at 9:30 a.m.
9.2
The election of Warden and Deputy Warden shall be the first Agenda items of the inaugural Meeting of Council, and the Clerk shall act as Chair until the Warden and Deputy Warden are elected
9.3
The order of business of the Inaugural Meeting shall include: a)
Declaration of Office to Councillors
b)
Election of Warden
c)
Election of Deputy Warden
e)
Declaration of Office to Warden and Deputy Warden
f)
Dressing of Chain of Office
g)
Warden’s Inaugural Address
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h)
Appointments to External Boards and Committees
i)
Passage of By-laws
j)
Other ceremonial procedures deemed relevant
Commented [JA1]: Should this be left until the next meeting
Regular Meetings of Council 9.4
Regular meetings of County Council shall take place on the third Wednesday of the month at 9:30 a.m. at the County Administrative Offices unless otherwise directed by a resolution of Council.
9.5
Should a closed session be required, Council will begin at 9:00 a.m. and resolve into Closed Meeting and will reconvene as regular Council at 9:30 a.m.
9.6
Notwithstanding the provisions of Section 6.39.4 of this By-law, there shall be no regular meeting of Council in the month of August
Committee of the Whole 9.7
Council may meet as Committee of the Whole to consider any matter it decides. Council may meet as Committee of the Whole during a regular Meeting of Council if included on the agenda. Council may meet as Committee of the Whole during a regular Meeting when it is not included on the agenda by way of motion and a 2/3 vote of the members who are present and voting. Council may also hold a separate Meeting to meet as Committee of the Whole should the need arise.
Special Meetings of Council 9.8
The Warden may, at any time summon a Special Meeting of Council by instructing the Clerk to issue a Notice of Special Meeting with at least fortyeight (48) hours notice to the members.
9.9
Subject to section 9.8, in the case of an emergency or extraordinary circumstances, the Warden may call a Special Meeting without notice.
9.10
The Clerk shall, upon receipt of a written petition of the majority of the Members, call a Special Meeting for the purpose and time mentioned in the petition. The Clerk shall provide all Members of at least forty-eight (48) hours notice of the Special Meeting.
9.11
The only business to be dealt with at a Special Meeting is that which is identified in the Notice of the Meeting
Committee of Management of Fairmount Home 9.12
County Council is the Committee of Management of Fairmount Home
9.13
Council that when making decisions regarding Fairmount Home, specifically when it affects the Homes ability to be in compliance, they are meeting as the Committee of Management of Fairmount Home and recognize the responsibility/liability that they face in terms of their decisions.
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Joint Meetings of Council 9.14
County Council may host a joint Meeting of the constituent lower tier Municipal Councils and County Council for a topic(s) that is common to all municipalities within the County. These Meetings shall be considered Special Meetings of County Council and procedural rules as outlined in this by-law shall apply
Electronic Participation 9.15
While in-person participation shall remain the primary method of participation, there is an expectation that members of Council make every effort to attend meetings in person. Councillors are permitted to participate in a meeting remotely via electronic means, in the event: i) the County of Frontenac is in a declared emergency as defined by the Emergency Management and Civil Protection Act, R.S.O. 1990. ii) Due to a significant weather event. iii) a member is ill, injured or on parental leave. iv) a member has been duly appointed to an external advisory board/committee and is attending a meeting or event hosted by that board/committee, should they be performing this role within Canada.
9.16
Electronic participation will not be allowed at the following meetings:
- Inaugural Session of Council
- at subsequent first meetings of the year (November)
- at a meeting where the yearly budget is being considered unless the municipality or part thereof is under a Declared Emergency
- where a vote of the majority of Council requires it.
9.17
Members may participate electronically in meetings up to two (2) times per year. A member of Council may request permission from the Warden to participate electronically in additional meetings as a result of extenuating circumstances.
9.18
A Member must give to the Clerk a notice of at least 48 hours of their intent to participate electronically in a meeting, unless extraordinary circumstances apply, to which a member will advise the Clerk as soon as possible, recognizing that due to constraints on staff, the member may be admitted late to the meeting
Technology for Electronic Participation 9.19
The technology used shall enable electronic participation of Members in decision-making and ensure the meeting can be open to the public, for example, but not limited to, telephone, video or audio conferencing
Loss of Connection during Electronic Participation 9.20
If connection for a member is lost or fails during the meeting and quorum maintained, any attempt to be reconnected will be at the call of the Chair. The
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Clerk will make noted in the minutes that the participant left the meeting at the time the connection was lost. Procedures for Electronic Meetings 9.21
At the discretion of the Clerk, Meetings where Electronic Means are provided may not be physically opened for the public to attend. If the meeting is not physically opened to the public, the Clerk shall ensure that members of the public have a reasonable opportunity to hear all proceedings of the Meeting through Electronic Means, except for those parts of the Meeting that are closed to the public.
9.22
The Warden (or Chair) may, with the consent of the Meeting, enact such rules as may be necessary to provide for the conduct of voting in a meeting held in whole or part through Electronic Means, including the adoption of motions on unanimous consent, which rules shall supersede the rules on voting set out in section 19 of this By-law
9.23
Despite Section 18.11, all motions will be read during meetings held under Section 6.199.21 Section 10: Closed Meetings of Council
10.1
All regular and special Meetings of Council shall be open to the public, except that a Meeting or part of a Meeting may be closed to the public if the subject matter being considered relates to: a) The security of the property of the municipality or local board; b) Personal matters about an identifiable individual, including municipal or local board employees; c) A proposed or pending acquisition or disposition of land by the municipality or local board; d) Labour relations or employee negotiations; e) Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; f) Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) A matter in respect of which a council, board, committee or other body may hold a closed Meeting under another Act; h) The Meeting is held for the purpose of educating or training the members and at the Meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the council, local board or committee. i) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them;
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j) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; k) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or l) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. Other criteria 10.2
A meeting or part of a meeting shall be closed to the public if the subject matter being considered is, a) a request under the Municipal Freedom of Information and Protection of Privacy Act, if the council, board, commission or other body is the head of an institution for the purposes of that Act; or b) an ongoing investigation respecting the municipality, a local board or a municipally-controlled corporation by the Ombudsman appointed under the Ombudsman Act, an Ombudsman referred to in subsection 223.13 (1) of the Municipal Act, or the investigator referred to in subsection 239.2 (1) of the Municipal Act.
Time of Closed Session 10.3
All Closed Session Meetings shall be held by the Committee of the Whole immediately preceding the Regular Meeting, starting at 9:00 a.m.
10.4
In the event that the Closed Session Agenda items are not completed in the allotted time prior to the Regular Meeting, the Closed Session may be recessed and resumed following completion of the Regular Meeting business items and prior to the passing of by-laws, or during a certain time in the agenda by resolution of Council
Written Resolution for Closed Meetings 10.5
A written resolution outlining the general nature of the subject matter is required before going into a closed Meeting and in the case of a closed Meeting held under 7.110.1(h), the resolution shall state the general nature of the subject matter to be discussed
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Introducing New Business at a Closed Meeting 10.6
If a member of Council wishes to introduce new business at a closed Meeting, it must be introduced in open session and then confirmed at the adoption of the agenda. When the Council resolves into a closed session, the Council member advise on the nature of the new business and the County Council, by majority vote, will determining if the matter will be dealt with in the closed session. No debate on the issue will take place until the motion to deal with the new business has been decided in the majority.
Closed Meeting Documentation to Remain Confidential 10.7
All information, documentation and/or deliberations received, reviewed or taken in a closed Meeting, including agendas and minutes shall, remain confidential and shall not be released to the public
Closed Meeting Investigator Reports 10.8
Where Council is in receipt of a report from the Ombudsman reporting his or her opinion that a Meeting or part of a Meeting appears to have been closed to the public contrary to the provisions of Section 239 of the Act or the provisions of this By-Law, Council shall pass a Resolution confirming how it intends to address the report Section 11: Notice of Meetings
Notice to Members 11.1
Notice of regular Meetings, including agendas, minutes, and supporting documents shall be provided via electronic mail by the Friday preceding the date of the Council Meeting. Alternative formats shall be made available upon request of the member. Notice may be provided by telephone or personal contact in case of an emergency
Notice to Public 11.2
Notice of regular Meetings shall be given by posting agendas and supporting documentation on the County’s web site. In the event an agenda is amended, it shall be reposted as an amended agenda. To meet accessibility needs, alternative formats shall be made available upon request. Section 12: Quorum
12.1
Quorum as it relates to Council shall consist of a majority of the members. (Quorum for Frontenac County Council is 5 members) provided that such number is not less than two
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12.2
If a quorum is not present at a scheduled Meeting thirty (30) minutes after the scheduled commencement time, the Meeting shall stand adjourned until the date of the next regular Meeting and the Clerk, shall record the names of the Members present
Protocols for Beginning Session 12.3
At the hour appointed, when a Quorum is present, the Warden shall take the Chair and call Council to order. The Clerk shall record in the minutes attendance of Members of County Council, County Staff, Members of Township Councils, Township Staff and Media. If a Member of Council arrives late or leaves before final adjournment, the Clerk shall note the time of arrival or departure in the minutes
Loss of Quorum 12.4
If Quorum is lost during a Meeting, the Chair shall call a recess for a period of fifteen (15) minutes, or until a Quorum is present, whichever is sooner.
12.5
If there is no Quorum after fifteen (15) minutes, the Meeting shall stand adjourned and a special meeting be called as soon as possible to conclude the unfinished business. A confirmatory by-law for actions taken by Council up until the point when quorum was lost will be included on the agenda for the special meeting
Loss of Quorum due to Pecuniary Interest 12.6
Notwithstanding Section 9.312.4 and 12.5, where the number of Members, who by reason of the provisions of the Municipal Conflict of Interest Act, are prohibited from participating in a Meeting is such that, at that Meeting, the remaining Members are not of sufficient number to constitute a quorum, then the remaining number of Members shall be deemed to constitute a quorum, provided that such number is not less than two
Absence of Warden 12.7
In the case of the Warden not attending within fifteen (15) minutes after the hour fixed for holding the meeting of the Council, and provided that a quorum is present, the Deputy Warden shall take the Chair and call the Members to Order; and he/she shall preside until the arrival of the Warden
Absence of Warden and Deputy Warden 12.8
In the absence of the Warden and Deputy Warden, and if a quorum is present, the Clerk shall call the Members to order. A Chairperson shall be chosen from the Members present who shall preside over the meeting until the arrival of the Warden or Deputy Warden Section 13: Agenda and Addendum
General 13.1
The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an
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electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.411.1 of this By-Law. Agenda Order 13.2 The business of Council shall be taken in the order in which it stands upon the agenda as follows: a) Call to Order b) Roll Call c) Closed Meeting d) Approval of Addendum e) Disclosure of Pecuniary Interest and General Nature Thereof f) Adoption of Minutes g) Deputations and/or Presentations h) Proclamations i) Move into Committee of the Whole j) Briefings k) Unfinished Business l) Move into Committee of Management of Fairmount Home m) Revert Back to Committee of the Whole n) Consent Reports from the Chief Administrative Officer o) Recommend Reports from the Chief Administrative Officer p) Information Reports from the Chief Administrative Officer q) Reports from Advisory Committees of County Council r) Return to Council s) Adoption of the Report of the Committee of the Whole t) Motions, Notice of Which has Been Given u) Giving Notice of Motion v) Communications w) Other Business x) By-laws – General By-laws and Confirmatory By-law y) Adjournment 13.3
Approval of the Addendum, if required, directly follows Closed Meeting, with a 2/3 vote of the members present and voting.
Agenda Items due to Clerk 13.4
The Clerk, in consultation with the Warden, shall have prepared and delivered to the Members a minimum of five days prior to the Meeting of Council an electronic agenda, including staff reports, by-laws and background information, for their review and consideration in accordance with Section 3.4 of this ByLaw.
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Commented [JA2]: This is a repeat of 13.1
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Deadline to submit materials to the Addendum 13.5
The deadline for receipt of added materials to be included on an Addendum shall be 9:00 a.m. one (1) business day prior to the scheduled Meeting, subject to the discretion of the Warden.
Unfinished Business 13.5
When any business matter from an agenda is left unresolved at the time of adjournment, either for want of a quorum or otherwise, such business shall be taken up in succession at the next Meeting of the Council as unfinished business, or at a Special Meeting of Council as summoned by the Warden pursuant to Section 6.89.8
Briefings 13.6
Briefings are allowed at the beginning of the Meeting or when the issue arises on the agenda. If a briefing is expected to be in excess of 10 minutes, the agenda will note the length of time the briefing is expected to last Section 14: Council Minutes
Minutes Content 14.1
The Clerk shall prepare and cause the minutes to be taken of each meeting of Council and which shall include: a) The place, date and time of the meeting; b) The name of the presiding officer or officers and the record of the attendance of the Members. c) Members who enter after the commencement of a meeting or leave prior to adjournment, the time shall be so noted in the minutes. d) To record, without note or comment, all resolutions, decisions and other proceedings of the Council. e) To record all publicly declared conflict of interests made by Members and identify that the Member has recused itself from discussion or vote on the declared matter, when the subject matter is brought up for debate. f) If required by any Members present at a vote, to record the name and vote of every Member voting on any matter or question
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Adoption of Minutes 14.2
Minutes of all open Meetings of Council shall be adopted at the next regular Meeting of Council and the Warden and Clerk shall then sign such minutes. Minutes of all closed Meetings of Council shall be adopted at the next closed Meeting of Council and the Warden and Clerk shall then sign such minutes. Members of County Council may ask questions of clarification of the minutes. Section 15: Disclosure of Pecuniary Interest
Method of Disclosure 15.1
Where a Member, either on his own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall, in accordance with the Municipal Conflict of Interest Act: a) Prior to any consideration of the matter at the Meeting, disclose the Member’s interest and the general nature thereof; and b) Not take part in the discussion of, or vote on any question in respect of the matter, and c) Not attempt in any way whether before, during or after the Meeting to influence the voting on the matter, and d) Shall file a written statement of the interest and its general nature with the Clerk
Closed Meetings 15.2
Where a Meeting is not open to the public, in addition to complying with the requirements of the Municipal Conflict of Interest Act, the Member shall forthwith leave the Meeting or the part of the Meeting during which the matter is under consideration
Absence – Disclosure at Next Meeting 15.3
Where the interest of a Member has not been disclosed by reason of the Member’s absence from a particular Meeting, the Member shall disclose the Member’s interest and otherwise comply at the first Meeting of the Council or Committee, as the case may be, attended by the Member after the particular Meeting
Record and Registry of Disclosure 15.4
The Clerk shall record in reasonable detail the particulars of any disclosure of pecuniary interest made by a Member, and this record shall appear in the Minutes of that Meeting
15.5
The Clerk shall establish and maintain a registry in which shall be kept, a) a copy of each statement filed under section 16.115.1; and b) a copy of each declaration recorded under section 16.115.1
15.6
The registry shall be available for public inspection upon 48 hours written notice to the Clerk’s Office
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Section 16: Delegations and/or Presentations Request for Delegation 16.1
Any person desiring to present information orally on matters of fact or to make a request of Council shall give notice and disclose the subject matter to the Clerk not less than ten days preceding the Council Meeting at which such person desires to be heard
16.2
In order to be scheduled as a delegation before Council, a person shall submit to the Clerk written and/or electronic documentation concerning the presentation not less than seven days preceding the Council Meeting
16.3
The Clerk, in consultation with the Warden, shall have the authority to deem a delegation inappropriate or outside the scope of Council authority and deny the item a place on the agenda
16.4
Except as required by law, any person appearing before Council or a Committee who has previously appeared before Council or the same Committee on the same subject matter shall be limited to providing only new information in their second and subsequent appearances
16.5
Under extenuating circumstances, exceptions to the ten days’ notice required in 16.1 may be approved by the Clerk.
16.6
Each delegate shall be limited to not more than a total of ten (10) minutes. Extensions to these limits will be at the discretion of the Warden
16.7
A maximum of two (2) delegations may address Council per Meeting, excluding the County’s External Boards and funded agencies.
16.8
The number of speakers for one delegation shall be limited to two, unless authorized by Council resolution.
Conduct at Meeting 16.9
All delegates shall address the Warden, shall state their name and whom they represent
16.10
No delegate shall: a) Speak disrespectfully of any person; b) Use offensive language; c) Speak on any subject other than the subject for which he has received approval to address Council; d) Disobey the rules of procedure or a decision of the Warden or Council.
16.11
The Warden may curtail any deputation, any questions of a deputant or debate during a deputation for disorder or any other breach of this by-law, and, if the Warden rules that the deputation is concluded, the person or persons appearing shall withdraw
16.12
Members of the public who constitute the audience at a Meeting, shall not:
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a) Address Council or Committee without permission; b) Bring signage, placards or banners into such Meetings and refrain from any activity or behavior that would affect the Council deliberations. Specific Recognition of Member 17.1
To address Council, a Member shall request to speak, be recognized by the Warden and direct all comments through the Warden.
Order of Speakers 17.2
When two or more Members indicate their desire to speak at the same time, the Warden shall designate the order of speakers.
Interruptions 17.3
When a Member is speaking, no other Member shall interrupt the Member speaking, except to raise a point of order, privilege or personal privilege
17.4
Any Member may require a motion or question under discussion to be read at any time during the debate, but not so as to interrupt the Member speaking.
Five Minutes 17.5
No Member shall speak for longer than five minutes on a question without Council’s permission.
Speak Once 17.6
No Member shall speak more than twice to the same question without Council’s permission, except the presenter on the motion may respond to questions
Commented [JA3]: These 2 conflict. Is the preference to speak once or twice
Questions 17.7
A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion and the question shall be stated succinctly and asked only of the Warden, the previous speaker or County staff
Points of Order and Privilege 17.8
When a Member rises on a point of order, point of privilege or point of personal privilege, the Member shall ask leave of the Warden to raise the point. After leave is granted, the Member shall state the point to the Warden and then remain silent until the Warden has ruled upon the point
17.9
Subject to being overruled by Council on a vote which shall be taken immediately and without debate, the Warden shall rule on the point
17.10
Any Member may challenge the ruling of the Warden immediately following the ruling
17.11
The Warden’s ruling is final unless it is challenged.
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17.12
If challenged, the Deputy Warden will take the Chair.
17.13
Council’s decision is final if the Warden is challenged Section 18: Motions
Jurisdiction 18.1
A motion or notice of motion in respect of a matter which is not within the jurisdiction of Council shall not be in order and shall not be considered by Council
Putting a motion on the agenda 18.2
Motions introducing new matters must be in the hands of the Clerk by Noon on the Friday prior to the regular County Council or Committee Meeting for inclusion on the agenda.
18.3
Every motion must be in writing and have a mover and seconder before being submitted to the Clerk for inclusion on the agenda.
18.4
All motions will be placed in the order in which they are received.
18.5
Motions for which notice has not been previously given shall only be considered if agreed upon by a two-thirds majority vote of the Members present.
18.6
After a motion has been proposed and seconded, and placed in the hands of the Warden, it shall be considered to be in the possession of Council but may be withdrawn with the consent of the mover and the support of a majority of Council.
Motions Introduced Orally 18.7
The following may be introduced orally without written notice and without leave of Council: a) A point of order, privilege or personal privilege b) Presentation of petitions c) A motion to waive or suspend the rules of procedure d) A motion to recess e) A motion to adjourn f) A motion to call the question g) A motion to separate the question h) A motion that Council resolve itself into a closed Meeting i) A motion to receive an item j) A motion to table an item k) A motion to lift from the table l) A motion to refer m) A motion to defer
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n) A motion to amend, and o) A motion to adopt a recommendation Motions to be in Writing 18.8
Except as provided in Section 18.7, all motions and notices of motion shall be in writing.
Motions to be Seconded 18.9
A motion shall be moved and seconded before being open for discussion and consideration. Motions under Sections 19.518.7 (a) and (b) do not require a seconder.
Mover May Vote in Opposition 18.10
A member may move a motion in order to initiate discussion and debate and that Member may vote in opposition to the motion. A seconder of a motion may also vote in opposition to the motion.
Motion Considered to be read 18.11
Motions contained in the published agenda will only be read if requested by a member of Council or under the following conditions: a) A member requests a recorded vote on the motion b) Where an amendment to a main motion is made, both the amendment, and the motion as amended
18.12
Any member of Council may request that a motion be summarized by its author.
18.13
Motions not contained in the published agenda shall be read.
Motion Extend 18.14
A motion carried by a two-third vote of the members present and voting will extend the meeting past 1:00 p.m.
18.15
At 12:45 p.m. the Warden will ask if Council wishes to proceed beyond 1:00 p.m. A motion put forward must stipulate the purpose of the extension (i.e. to complete the agenda in its entirety, or a certain portion of the agenda, or that the extension is for a specific period of time).
18.16
If a two-thirds vote is not achieved to extend the meeting, Council will consider the time sensitive items, and at 12:55 p.m. Council will move directly to bylaws.
Motion to Recess 18.17
A motion to recess is debatable; however debate is restricted to the length of time of the recess only.
18.18
A motion to recess is amendable; however any amendment shall refer to the length of time of the recess only.
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Motion to Adjourn 18.19
A motion to adjourn the Council Meeting is not debatable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting, or d) when a Member has indicated to the Warden his desire to speak on the matter before Council.
18.20
A motion to adjourn shall take precedence over any other motion.
Motion to Call the Question 18.21
A motion to call the question is not debatable and shall be put immediately.
18.22
A member who moved a motion to call the question shall not be allowed to speak to the question again if the motion is decided in the negative.
Motion to Table (postpone indefinitely) 18.23
A motion to table: a) is not amendable; b) shall apply to the motion and any amendments under debate when the motion to table is made; c) is debatable; however debate may go into only the reasons why the motion should or should not be dealt with at this time;
18.24
If the motion to table carries, in the absence of any direction from Council, the matter may not be discussed until a Member through a Notice of Motion, brings it forward to a subsequent Meeting.
Motion to Refer 18.25
A motion to refer, until it is decided, shall precede all amendments of the main question
18.26
A motion to refer: a) is amendable; b) is debatable; c) shall include the name of the Committee or official to whom the motion or amendment is to be referred; and d) shall include the terms upon which it is to be referred and time or period, if any, on or within which the matter is to be returned
Motion to Postpone 18.27 A motion to defer: a) is debatable; b) is amendable;
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c) shall include the time to or period within which, consideration of the matter is to be deferred; and d) shall include an explanation to demonstrate the purpose of the motion to defer. Motion to Amend 18.28 A motion to amend: a) is debatable b) only one motion to amend a motion shall be on the floor at any one time c) shall receive disposition of Council before a previous amendment to the question d) shall not be amended more than once before voting e) shall be relevant to the question to be received f) shall not be received proposing a direct negative to the question g) may propose a separate and distinct disposition of a question h) shall be put in the reverse order to that in which it is moved. Motion to Receive 18.29 A motion to receive, moved after the main motion, is debatable and shall be treated as an amendment to the main motion Motion for Reconsideration 18.30 A motion to reconsider a matter within one year following the decision of the Council shall be in order to permit correction of hasty, ill-advised or erroneous action or to take into account added information or a changed situation that has developed since the taking of the vote. A motion to reconsider is not in order if the provisions of the original motion have been partly carried out or involve a contract were the party to the contract has been notified on the outcome. 18.31 A motion to Reconsider a) A motion to reconsider is debatable; b) No discussion of the main question shall be allowed until the motion for reconsideration is carried by a two-thirds majority vote of the members present; c) Once the question is reopened, it is reopened in its entirety unless the reopening motion specifies otherwise; d) If the question is reopened, all previous decisions of the Council remain in force unless the Council decides otherwise; e) No motion to reconsider may, itself, be the subject of a motion to reconsider Notices of Motion 18.32
A notice of motion shall be given in accordance with the Agenda of Council and shall be in writing and shall include the name of the mover and seconder.
18.33
The Clerk shall place notices of Motion on the Agenda in the order in which they are received
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Giving Notices of Motion 18.34
The Clerk will read any notices of motion at the designated point on the Agenda; however they will form part of the Agenda for the subsequent Meeting of Council
18.35
Any Member giving a Notice of Motion shall disclose the subject matter of the motion.
18.36
Any notice of motion, the subject matter of which falls within the mandate of a Committee, shall be referred directly to that Committee by the Council unless the Council determines that it should not be first considered by the Committee, for reasons of emergency, health, safety or legal deadline. Section 19: Voting
Order of Votes 19.1
Motions relating to an item under consideration shall be voted on in the following order: a) A motion to waive or suspend the rules of procedure b) A motion to adjourn c) A motion to recess d) A motion to receive an item e) A motion to call the question f) A motion to defer g) A motion to refer h) A motion to amend, in reverse order of its being placed i) A motion to table an item j) The main motion.
Members Shall Vote 19.2
Every Member present at a Meeting of Council where a question is put shall vote on the question, unless prohibited by statute, in which case the Clerk shall so record
Number of Votes 19.3
Subject to the exception under Section 5.11 above, every Member present at a Meeting of Council where a question is put shall have 1 vote except for the Mayor of South Frontenac who shall have 2 votes.
19.4
If the Mayor of South Frontenac is absent at a Meeting, the other Councillor representing South Frontenac shall only have 1 vote.
19.5
If the Mayor of South Frontenac is absent at a Meeting and requests the alternate for South Frontenac attend on his/her behalf, the alternate member shall only have 1 vote
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Warden to State the Question 19.6
Immediately preceding the taking of a vote, the Warden shall state, if requested, the question in the precise form in which it will be recorded in the minutes
Method of Voting 19.7
A Member shall vote by raising a hand or otherwise indicating the Member’s vote, except where a recorded vote is requested.
19.8
During virtual meetings, the Warden may have the discretion to call a vote by asking all those opposed to the motion
Actions During Vote 19.9
When the Warden calls for the vote on a question, a) Each Member shall occupy his seat and shall remain in place until the result of the vote has been declared by the Warden, and b) During this time no Member shall walk across the room or make any other motion or speak to the question or any other Member or make any noise or disturbance.
Split Votes 19.10
Upon the request of any Member, and when the Warden is satisfied that a matter under consideration contains distinct proposals, the vote upon each proposal shall be taken separately
No Vote Deemed Negative 19.11
If any Member present does not vote at a Meeting of the Council where a question is put and a recorded vote taken, he shall be deemed to vote in the negative except where the Member is prohibited from voting by statute
19.12
The Warden may vote on any question and shall vote in the case of recorded votes
Majority Vote 19.13
All decisions of Council shall require a majority vote except as otherwise set out in this By-Law
Equality of Votes 19.14
Any motion that receives a tie vote shall be deemed to have been decided in the negative.
Two-Thirds Vote 19.15
The following decisions of Council require a two-thirds majority vote: a) A motion to consider a report or by-law that does not relate to a matter listed on the Agenda;
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b) A motion to consider a matter previously postponed indefinitely or to a time or eventuality that has not been reached or occurred under Section 20.418.27 of this By-Law; c) A motion to reconsider a question decided within the previous year under Section 20.1018.30 and 18.31 of this By-Law; d) A motion to suspend the provisions of the By-Law under Section 2.13.2 of this By-Law; e) A motion to call the question under Section 20.318.21 and 18.22 of this By-law. Recorded Vote 19.16
A request for a recorded vote by a Member present at the Meeting shall be made prior to the commencement of the vote being taken or immediately thereafter.
19.17
Should a Recorded Vote be requested by a Member, the Clerk shall poll the Members as follows: a) voting shall begin with the Member who requested the Recorded Vote and shall continue alphabetically until the vote is completed; b) each Member present, except a Member who is disqualified from voting in accordance with Subsection 23.2, shall announce their vote openly; c) the Clerk shall announce the result of the Recorded Vote; and d) the names of those Members who voted for and those who voted against the Motion shall be entered in the minutes
Request for Further Vote 19.18
If a Member doubts the results of a vote as announced by the Clerk, the Member may call for the vote to be taken again and the Warden shall request that the Members shall vote again Section 20: Other Business
Items to be Considered for Other Business with Prior Notice 20.1
Miscellaneous Business/Motions that do not warrant a staff report may be placed on the agenda under Other Business provided that the business is posted on the agenda with supporting documentation.
Items to be Considered for Other Business without Prior Notice 20.2
Statement by Members – When a Councillor(s) wishes to inform Council of a matter that does not require action or consideration by Council, such information may be announced under Other Business.
20.3
Matters of Urgency – When a Councillor(s) wishes to inform Council of a matter that must be considered immediately, due to extreme time constraints, Council shall determine if the matter is admissible and requires immediate action by Council, by a two-thirds majority vote. Only matters of urgency, ruled admissible by Council, shall be considered by Council without prior notice.
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Section 21: By-laws Introduction 21.1
All by-laws shall be introduced by motion specifying the title thereof
Three Readings 21.2
Every by-law shall have three readings prior to being passed
By-Laws Taken as Read 21.3
By-laws shall be taken as read for the first, second and third readings unless otherwise decided by a majority vote of Council.
Separate Vote 21.4
By request of any Member, any by-law(s) may be discussed or voted on individually.
Pass at One Meeting 21.5
A by-law may be passed through all its stages and be finally passed at one Meeting.
Confirmatory By-law 21.6
The proceedings of every Meeting of Council shall be confirmed by by-law at each Meeting in order that every decision of Council in that year and every resolution thereof shall be of the same force and effect as if each and every one of them had been the subject matter of a separate by-law duly enacted.
Amendments 21.7
All amendments to any by-laws approved by Council shall be deemed to be incorporated into the by-law and if the by-law is enacted by Council, the amendments shall be recorded by the Clerk.
Authorization 21.8
Every By-law passed by the Council shall be numbered and dated, and shall be sealed with the Seal of the Municipal Corporation and signed by the Warden and Clerk and shall be kept by the Clerk in the Clerk’s office or any other place appointed for that purpose. Section 22: Committees
Council’s Role 22.1 Council shall determine the appropriate number of Committees, their membership, mandates and reporting practices.
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Advisory Committees of County Council – Schedule B 22.2 The composition and terms of reference for Advisory Committees are in accordance with Schedule B, attached hereto and forming a part of this By-Law as follows: External Boards and Committees – Schedule C 22.3 The Committees to which County Council makes appointments, but are not Committees of County Council, is included in Schedule C. These Committees are bound by the rules established by their governing body and do not abide by the County’s Procedural By-law. Appointment/Nominees to Other Boards 22.4 Appointments and nominees to other boards, such as the KFL&A Public Health Board and the Kingston Frontenac Public Library Board, shall be appointed directly by Council. Eligible Appointees 22.5
Every member of a Committee must be either a member of Council or a person eligible to be elected as a member of the Council, in accordance with the Municipal Elections Act, unless approved by a majority resolution of Council.
Term of Appointment 22.6
The Term of Appointment for Members of Committees shall be in accordance with the Terms of Reference of the Committees set out in Schedule B to this By-law.
22.7
Committee members will continue to serve on a committee past the expiration of their term until they are replaced. All Council membership on all Committees end on November 14 of a municipal election year.
Absenteeism 22.8
If a member of a Committee is absent for three (3) consecutive meetings without cause acceptable to the Committee, the absences will be brought to the attention of the Clerk.
22.9
The Clerk will contact the absent committee member to discuss the reasons for absenteeism and to determine whether the member wishes to provide a letter of resignation.
22.10
Upon confirmation that the member will no longer be serving on the Committee, the Clerk will notify Council of the vacancy and the need for a replacement. If a member indicates the desire to continue to serve on the Committee, the member will be advised that attendance is required, or the member will be removed from the Committee.
Election of Chairs and Vice-Chairs 22.11
Chair and Vice-Chair of each Committee shall be elected on an annual basis by the Committee from its Members:
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a) Each candidate for Chair and Vice-Chair who stands for election may make a presentation to the Committee; b) The Committee shall elect a Vice-Chair to chair the proceeding in the absence of the Committee Chair; c) The Warden shall not be eligible to be the Chair or Vice-Chair of a committee; d) The Chair and Vice-Chair of committees may hold their respective positions for a maximum of four consecutive years if re-elected to do so; e) Each Chair and/or Vice-Chair shall preside at every Meeting of their Committee, may vote on every question submitted for consideration and may require that resolutions be in writing. 22.12
Section 22.11 c) does not apply when the composition of the Committee with respect to Council appointments is the Mayors of each Township
Commented [JA4]: This can likely be removed since we no longer appoint Mayors to Committees
Removal of Chair or Vice-Chair 22.13
The Chair or Vice-Chair can only be removed by a vote of the majority of Members of the Committee or by resolution of Council.
Warden’s Membership on Committees 22.14
The Warden shall be an ex officio Member of all Committees and Task Forces and shall be counted for Quorum purposes and entitled to vote at such meetings.
Clerk shall be Secretary 22.15
The Clerk or designate shall be the Secretary of all Committees of Council and shall be present at all Meetings. The Clerk shall record the proceedings of all Committees of Council in the form of minutes.
22.16
The minutes shall reflect that the Minutes are not verbatim.
22.17
Despite Section 22.15, the Clerk may delegate to any employee duties related to the preparation of the Agendas, giving of notice of the Meetings, recording of the minutes and general administrative support to the Committees.
Committee Meeting Dates & Locations 22.18
Committees shall establish regular Meetings dates, times and locations at the beginning of each year. Meetings will be held in the County of Frontenac Administration Building. Alternative locations shall only be considered where staff capacity and resources are deemed sufficient
Public Notice 22.19
Notice of Meetings including agendas, minutes and supporting documentation to the Members shall be via electronic mail, regular mail, courier or facsimile. Notice may also be provided by telephone or personal contact in case of an emergency
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22.20
Notice of Meetings shall be given by posting agendas and supporting documentation on the County’s website. Notice of Meetings shall be posted as soon as practical after being established by Committees. Agendas and supporting documentation shall be posted three days prior to the Meeting and in the event an agenda is amended it shall be reposted as an amended agenda.
Commented [JA5]: This should be the same as Council the Friday before the meeting
General Role of Committees 22.21
The role of Committees shall generally be to: a) make recommendations to Council on matters which are in their jurisdiction; b) guide and request staff to provide reports on the direction and nature of policy development, fact finding, analysis and generation of public policy matters; c) receive public deputations and establish mechanisms to receive further public input on vital public policy matters.
Responsibility to Act on Recommendations 22.22
No action shall be taken on Committee recommendations until approved by Council unless the responsibility has been delegated to the Committee by Council.
Recommendations Lost or Deferred at Committee Meetings 22.23
Report Recommendations rejected by any Committee must be reported to Council with a “negative recommendation”, allowing Council the opportunity to discuss the item.
22.24
Motions that result in a tied vote at a Committee must be reported to Council with no recommendation to allow Council the opportunity to discuss and make a decision.
22.25
Report Recommendations receiving no mover or no seconder by any Committee must be reported to Council with no recommendation to allow Council the opportunity to discuss the item
Committee Procedures 22.26
The rules governing the procedure of the Council and the conduct of Members of Council at Council shall be observed as far as they are applicable, and, subject to the specific rules for Committees set out in this section including: a) the number of times of speaking on any question shall not be limited; b) a majority vote shall be required to decide any matter before the Committee; c) recorded votes shall not be weighted and members shall be called to vote by last name in alphabetic order;
Members’ Rights 22.27
Members of Council who are not Members of a specific Committee may attend Meetings of that Committee and may, with consent of the Chair of that
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Committee, take part in the discussion, but shall not be counted in the quorum or entitled to make motions or to vote at these Meetings. Public Participation at Committee Meetings 22.28
At Committee meetings that are open to the public, following the introduction of an agenda item and once a motion has been introduced, members of the committee may speak to the motion first. Following the members’ discussion, the Chair may invite members of the public to share their comments, views, suggestions and opinions but may not participate in the debate. Prior to calling the question the Chair has discretion to give the public another opportunity to speak.
Absence of Chair and Vice Chair 22.29
In the event of the Chair of a Committee not attending the Committee at which he is to preside within fifteen (15) minutes after the time appointed for the commencement of the Meeting, the Committee Vice Chair shall call the Meeting to order and preside until the arrival of the Committee Chair. Should the Committee Vice-Chair not be in attendance at the Meeting, then, those Members in attendance shall appoint one of the Members to act in place of the Committee Chair for that Meeting. Such Member shall then call the Members to order and shall preside until the arrival of the Committee Chair or the Committee Vice-Chair.
Meeting Limitation 22.30
No Committee Meeting shall be held while Council is in session
Agendas 22.31
The Clerk shall prepare for distribution Committee agendas.
22.32
In accordance with requirements for public notice, transparency and disclosure, new substantive items should not be introduced on the Agenda under Other Business.
Deputations 22.33
Any person desiring to present information to a Committee may do so subject to the following: a) The request shall be in writing and the information to be presented shall be on matters of fact or to make a request of the Committee; b) Requests shall be made not less than ten days preceding the Committee Meeting at which such person desires to be heard; c) Exceptions to the ten days’ notice requirement required in (b) above may be approved by the Committee Chair; d) Any person who is scheduled to appear as a deputation before a Committee is requested to submit written documentation for the Committee’s consideration to the Clerk’s Department not less than five (5) days preceding the Committee Meeting;
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e) The rules relating to time limits, behavior, curtailment of time and conduct shall be as set out in Section 16. Declarations of Pecuniary Interest 22.34
Members of Committees shall adhere to Section 15 with respect to declarations of pecuniary interest in Committees.
Quorum 22.35
A quorum as it relates to Committees of Council shall consist of a majority of the members.
Right to Expel 22.36
The Chair has the right to expel or exclude any person from any Meeting for improper conduct.
Reconsideration 22.37
No Committee shall reconsider any question decided by the Council within a year after the Council decision, nor consider any other matter which could involve a decision inconsistent with a Council decision. Section 23: Repeal / Enactment
By-laws Previous 23.1
By-law 2013-0020 and all adhering amendments are hereby repealed.
Effective Date 23.2
This By-law shall come into effect on the November 15, 2022
Conflict with Statute 23.3
If there is any conflict between this By-law or any portion thereof and any statute, the provisions of the statute shall prevail.
Read a First and Second Time this 20th day of July, 2022. Read a Third Time, Signed, Sealed and Finally Passed this 20th day of July, 2022. The Corporation of the County of Frontenac
Denis Doyle, Warden
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Jannette Amini, Clerk
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Schedule B-1 Advisory Committee to County Council Committee Name: Joint Accessibility Advisory Committee Establishment of the Committee (i) That a Committee to be known as the County of Frontenac Joint Accessibility Advisory Committee be hereby established. (ii) That the Committee shall be comprised of not more than 7 members as follows: ▪
2 Members of County Council
▪
4 Members of the Community who are persons with disabilities (one representative from each Township)
▪
1 Member from the Community at large
who shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (iii) That Committee shall adhere to the County’s Procedural By-law No. 2013-0020 2022-0026 and any amendments thereto, specifically Section 25 – Committees to govern all proceedings of the Accessibility Advisory Committee Meetings. (iv) The Committee shall hold a minimum of four (4) and a maximum of six (6) Meetings per year.
Commented [JA6]: Suggest this be reworded to remove minimum 4 meetings and maximum 6
Mandate of the Committee To assist the County and Township Councils in the County of Frontenac in enabling persons with disabilities to have equal access to all opportunities within the County. Duties of the Committee The committee shall: (a) advise the councils about the legislative requirements and implementation of the accessibility standards and the preparation of accessibility reports and such other matters for which the council may seek its advice; (b) review in a timely manner the site plans and drawings described in section 41 of the Planning Act that the committee selects in terms of how they address the accessibility needs of persons with disabilities; (c) perform all other functions as specified by legislation. (d) in consultation with Council and Municipal Staff, review new and existing municipal by-laws and policies as applicable; (e) work with Council and the community at large to identify and address the needs of persons with disabilities within the community; (f) provide recommendations to Councils on the promotion of public awareness and understanding of the needs of persons with disabilities.
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Schedule B-1 Advisory Committees Continued Responsibilities of Council Council shall: (a) establish the Accessibility Advisory Committee and appoint its members; (b) seek advice from the Committee regarding accessibility plans and reports required to be submitted to the province; (c) seek advice from the Committee on the accessibility for persons with disabilities to a building, structure or premises, or part of a building, structure or premises, (i) that the council purchases, constructs or significantly renovates; (ii) for which the council enters into a new lease; or (iii) that a person provides as municipal capital facilities under an agreement entered into with the council in accordance with the Municipal Act, 2001; and (d) when the committee selects site plans and drawings described in section 41 of the Planning Act to review, supply them to the Committee in a timely manner for the purpose of the review; and (e) have regard to the accessibility for persons with disabilities in deciding to purchase goods and services through the procurement process for the use of it by itself, by the Townships, its’ employees or the public. General (a) That Administrative Support shall be provided by the Clerk or Designate. (b) That the records of the Accessibility Advisory Committee shall be retained and preserved in accordance with the provisions of the County Records Retention bylaw. Composition of The Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Joint Accessibility Advisory Committee: Two (2) Members of County Council: ▪ Nicki Gowdy ▪ Bill Saunders Four (4) Representatives from the Community who are Persons with Disabilities – One (1) from each of the Four (4) Townships: ▪ Township of North Frontenac – Erin Ferguson ▪ Township of Central Frontenac – David Yerxa ▪ Township of South Frontenac – Neil Allen ▪ Township of Frontenac Islands – Janet MacDonald One (1) Representative from Community at Large: ▪ Pat Joslin
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Schedule B-2 – Advisory Committee to County Council Committee Name: Planning and Economic Development Advisory Committee Establishment of the Committee (i) The County of Frontenac Planning and Economic Development Advisory Committee shall be comprised of (8) members appointed by County Council as follows: ▪
(4) members of County Council, one from each member municipality; and
▪
(4) community representatives from each Township.
(ii) The members of the County of Frontenac Planning and Economic Development Advisory Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in Schedule “A” to this By-law; (iii) The County of Frontenac Planning and Economic Development Advisory Committee shall adhere to the County’s Procedural By-law No. [insert number of new Procedural By-law] 2022-0026 and any amendments thereto, specifically Section 22 – Committees for the conduct of all Meetings. Terms of Reference/Mandate The Planning and Economic Development Advisory Committee is responsible for overseeing all regional development, planning, and the Planning Act implications of economic development within the County of Frontenac in accordance with the County’s Official Plan document. The Planning and Economic Development Advisory Committee shall also be directed by the Economic Development Charter and County Strategic Plan, as well as the Trails Master Plan. The Planning and Economic Development Advisory Committee shall: 1. 2.
Be responsible directly to Council for those items emanating from the Planning & Economic Development Department. Subsequent to the approval of the budget, consider budget proposals and business plans for the Planning & Economic Development Department pertaining to items within the Committee mandate. Receive reports from staff on items within the Committee’s mandate. Receive public delegations on matters affecting general land use planning and economic development in the County of Frontenac and hold public meetings, as required by the Planning Act, with respect to plans of subdivision and condominium. All such public meetings would be held in the Township where a development proposal was located. Review and recommend to Council revisions to the Planning and Economic Development Committee’s Terms of Reference/Mandate, as required. Monitor provincial and federal legislation that has an impact on planning matters.
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The Planning and Economic Development Advisory Committee shall: 1. 2. 3.
Provide direction to staff for the implementation of the planning and development goals and policies as outlined in the County’s Official Plan document. Make recommendations to Council with respect to County Official Plan matters. Review and make recommendations to Council concerning other planning matters of the County, including regional studies affecting planning and/or economic development, special studies, sustainability issues, and planning policy matters. Review and consider reports on the following matters that fall within the mandate of the Committee:
- Subdivision and condominium applications;
- Extensions of draft plan approvals;
- County and Township Official Plan amendments; and
- County and Township Official Plan updates. Make recommendations to Council on matters relating to Community Improvement Plans (CIPs) as a means to support and promote community development in the rural areas. Receive advice from, and work with economic development stakeholders such as Community Development Advisory Committee, Community Futures Development Corporation, Land ‘O Lakes Tourism, Kingston Economic Development Corporation (KEDCO), and Township Economic Development Committees.
Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Planning and Economic Development Advisory Committee: Council Liaison to Planning and Economic Development Four (4) Representatives from the Community: • North Frontenac – Fred Fowler • Central Frontenac – Fran Smith • South Frontenac – Ron Vandewal • Frontenac Islands – Judy Greenwood-Speers Four (4) members of County Council, those being the Mayors of each Township (or their designate): • North Frontenac – Mike Hage • Central Frontenac – Jim McIntosh • South Frontenac – Phil Leonard • Frontenac Islands – Leona Fleischmann
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Commented [JA7]: Remove. This committee has met its mandate
Schedule B-3 – Advisory Committee to County Council Committee Name: Administrative Building Design Task Force Establishment of the Committee (i) The County of Frontenac Administrative Building Design Task Force shall be comprised of four (4) members of County Council appointed by County Council (ii) The members of the County of Frontenac Administrative Building Design Task Force shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council and who shall be named in this Schedule; (iii) The Administrative Building Design Task Force shall meet as required. (iv) The County of Frontenac Administrative Building Design Task Force shall adhere to the County’s Procedural By-law No. 2013-00202022-0026 and any amendments thereto, specifically Section 26 – Committees for the conduct of all Meetings. Terms of Reference (i) Goal/Mission The mission of the County of Frontenac stated in its Mission Statement is the effective, efficient and sustainable delivery of service to its citizens. Within the context of the Values and Principles detailed, the Administrative Building Design Task Force will be guided by the Mission Statement: (ii) Mandate a)
To carry out a space review and analysis of the County of Frontenac Administrative Building
b)
To review and consider options for the Administrative Building and make recommendations to Council
c)
If necessary, to review any proposals and recommend to Council a design team for any refurbishing of the Administrative Building
d)
If necessary, to work with the architect to bring back design options/costing for Council consideration
e)
If necessary, to periodically receive updates and provide input on the final details of the refurbishing/construction phase of the Administrative Building
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Composition of the Committee The Council of the County of Frontenac hereby appoints the following members of Council to the County of Frontenac Administrative Building Design Task Force: Four (4) Members of County Council: • Fred Fowler • Ray Leonard • Gerry Lichty • Fran Smith
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Schedule B-4 – Advisory Committee to County Council Committee Name:
Administration Committee
Establishment of the Panel The County of Frontenac Administration Committee shall be comprised of four (4) members as follows: •
The Warden
•
The Deputy Warden
•
Two members of Council from the remaining two member municipalities
(i)
The members of the Administration Committee shall hold office from the date of their appointment, at the pleasure of Council, and appointed annually;
(ii)
The Administration Committee shall be considered a Committee of Council and bound by the meeting requirements of the County’s Procedural By-law No. [insert new by-law No.] 2022-0026 and any amendments thereto, and the Municipal Act.
Terms of Reference/Mandate: The Administration Committee is responsible for carrying out the annual Performance Appraisal of the County of Frontenac’s Chief Administrative Officer by the following procedure, as set out in By-law 2017-0028 being a By-Law to Adopt a Chief Administrative Officer Performance Appraisal Policy:
- For the purpose of determining the timing of the Performance Appraisal for the CAO, the date of hire (or promotion) to the position will be utilized.
- All communications, correspondence and forms completed during the performance appraisal process are considered confidential in order to ensure the protection of privacy of the incumbent.
- Unless superseded by an employment contract or an engagement letter, the process outlined in this policy (including a 360o review) will also be utilized to evaluate the performance of the CAO at the conclusion of a six month probation period. a.Prior to hiring (or promotion) to the position of CAO the nature of this policy will be disclosed to the potential candidate.
- The annual PA process will proceed as follows: a.In the month of the anniversary date, the CAO will provide to the review panel the following: i. A list of accomplishments on a professional and personal development level. The accomplishments will be tied to the goals and objectives outline in the previous PA, or in the event of a probationary review, the goals and objectives outline in the letter of engagement. By-law No. 2022-0026 County of Frontenac Procedure By-law July 20, 2022
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ii. A completed PA form completed in draft for consideration by the panel. iii. A draft outline of objectives for the upcoming year. iv. Any other information deemed necessary for the evaluation of the CAO’s performance (e.g., reports, research, commendations) v. To avoid any real or perceived conflict of interest, pecuniary interest or personal gain for the CAO, their family or associates, an annual disclosure memo be presented to the Panel on any external activities that he/she is currently engaged in. b. At least once per Council term, the Review Panel will work with the Manager of Human Resources to conduct a 360o review including Directors, Managers and front line staff. At the discretion of Council, the 360o review may include key outside stakeholders. i. The 360o will be coordinated by the Manager of Human Resources in a confidential manner and provided to the Review Panel in an aggregate format that protects the confidentiality of the respondents. c. The Review Panel shall review their findings and provide a final draft Performance Review and objectives for the upcoming year to the CAO for review and comment. d. The CAO can: i. Sign the Performance Review, acknowledging the feedback ii. Acknowledge but not sign the PA and provide comment to the Review Panel iii. Request a subsequent meeting with the Review Panel to provide clarification. e. Should a stalemate over the contents of the PA occur between the Review Panel and the CAO, the parties may agree to non-binding mediation by an objective third party. f. Upon completion of the Performance Review the Chair/Warden shall provide a summary report to all of Council in closed session. 5. Should a step increase be available and approved, the effective date shall be the anniversary date for the incumbent. The Administration Committee is also responsible for carrying out a broader range of oversight, including: ➢ ➢ ➢ ➢
Service Delivery Review Strategic Policies and Priorities Organizational Structure Compensation Review
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➢ Receive and make recommendations to Council on nominations to Advisory Committees of Council Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Administration Committee: Four (4) members of County Council, with representation from each Township: • • • •
Warden Gerry Lichty Deputy Warden Bill Saunders Township Councillor Ray Leonard Township Councillor Nicki Gowdy
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Schedule 5 – Advisory Committee to County Council
Commented [JA8]: remove
Committee Name: Communal Services Governance/Operations Model Review Committee [Deleted by By-law 2023-042 passed September 20, 2023]
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Schedule 5 – Advisory Committee to County Council Committee Name: Communal Services Technical Advisory Committee [Added by By-law 2023-042 passed September 20, 2023] [Deleted by By-law 2024-005 passed January 17, 2024]
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Schedule 5 – Advisory Committee to County Council Committee Name: Procedural By-law Review Committee [Deleted by By-law 2024-029 passed October 16, 2024]
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Schedule B-5 – Advisory Committee to County Council Committee Name: Governance Policies Review Committee [Added by By-law 2024-029 passed October 16, 2024] Establishment of the Committee (iii) The County of Frontenac Governance Policies Review Committee shall be comprised of four (4) members of Council, appointed by County Council (iv) The members of the County of Frontenac Governance Policies Review Committee shall hold office from the date of their appointment, at the pleasure of Council, up to the end of the term of Council. (v) The County of Frontenac Governance Policies Review Committee shall adhere to the County’s Procedural By-law No. 2022-0026 and any amendments thereto, specifically Section 22 – Committees, for the conduct of all Meetings. Mandate/Terms of Reference: The purpose of the Governance Policies Review Committee is to enable members of Council to review upcoming and important issues and opportunities with members of administration and the public, with a focus on understanding the broader policy implications of the items being considered. The Governance Policies Review Committee shall: (i)
Provide an opportunity for Council to lead the governance processes by developing a comprehensive governance and policy framework which captures Council’s intentions, directions and expected outcomes.
(ii)
Review Council’s Committee structure and recommend changes to Committee mandates and roles.
(iii)
Act as an advisory to Council by discussing and considering all governance policies and issues prior to being placed before Council including, but not limited to:
- Procedural By-law
- Sale and Disposition of Land
- Delegation of Authority
- Accountability and Transparency
- Public Notice
(iv)
Make recommendations to Council regarding any reports, updates, or presentations received by the Committee and refer necessary items to staff with instructions.
(v)
Provide a more informal forum for the discussion of governance policies and matters with open dialogue and the opportunity for content experts and members of the public to participate in the discussions.
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Roles and Responsibilities of Members: The Committee will be undertaking a review and making recommendations on the County of Frontenac Governance Policies. Members who cannot attend a meeting must inform the Clerk’s Office and may designate an alternate Councillor to attend the meeting. Reporting Structure: The Committee will report to County Council through the Reports from Advisory Committee section of the Council agenda. Frequency of Meetings: The meeting frequency for the Committee will be determined by the Committee at its first meeting. Staff Resources: The following staff may provide support to the Committee in accordance with the County of Frontenac Procedural By-law: • Chief Administrative Officer • Manager of Legislative Services/Clerk • Other Staff as required Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Governance Policies Review Committee: • Councillor Fran Smith • Councillor Gerry Lichty • Councillor Greenwood-Speers • Councillor Fred Fowler
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Commented [JA9]: Remove. This committee has met its mandate
Schedule B-6 – Advisory Committee to County Council Committee Name:
Chief Administrative Officer Selection Committee
Establishment of the Panel The County of Frontenac Chief Administrative Officer Selection Committee shall be comprised of the four (4) members as follows: Terms of Reference/Mandate: The Chief Administrative Officer Selection Committee is responsible for the recruitment of the Chief Administrative Officer. The Chief Administrative Officer Selection Committee is responsible for working with Palmer & Associates to: • • • • • •
Review and assist the consultants in understanding the County recruiting requirements, organizational structure, strategic direction, current challenges, desired skills and attributes; Discuss qualifications sought, necessary experience, leadership, fit, culture, history and future challenges; Preferred advertising strategies; Finalize desired hiring process, interview strategy and timelines; Participate in the interview process; Select the successful candidate (and this may involve full Council).
Composition of the Committee The Council of the County of Frontenac hereby appoints the following individuals to the County of Frontenac Administration Committee: Four (4) members of County Council: • • • •
Councillor Judy Greenwood-Speers Councillor Gerry Lichty Councillor Fran Smith Councillor Ron Vandewal
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Schedule C – External Boards and Committees with County Council Appointees
- The Kingston Frontenac Public Library Board – one member of Council and two members of the community, appointed for the term of County Council. Provides for the information, education and leisure needs of the citizens of the City of Kingston and the Townships of Frontenac through its 5 urban and 12 rural branches; establishes policies and appoints the Chief Librarian/CEO, who administers the library under the guidance of established board policies.
- The Kingston, Frontenac, Lennox & Addington Public Health, Board of Health – one member of County Council, appointed for the term of County Council. This body provides advice and makes recommendations to KFLA Public Health on the programs and services to be offered, sets the annual budget and oversees expenditures.
- The Rural/Urban Liaison Advisory Committee (RULAC) – The Warden, Deputy Warden and the County Councillor appointed to the City of Kingston Housing and Homelessness Advisory Committee for the term of Council, three members of Kingston City Council, the Mayor and two members of Council. The Rural/Urban Liaison Advisory Committee was established by the order of the Minister of Municipal Affairs under Section 25.2(4) of the Municipal Act. The Committee shall meet at the request of the County of Frontenac or the City of Kingston should the need arise for RULAC to fulfill its primary responsibilities as set out in the Amalgamation Order and the Local Services Realignment Agreement with respect to recommending solutions to matters of common concern and/or dispute resolution (effective December 1, 2014).
- The Housing and Homelessness Advisory Committee (formerly the Affordable Housing Development Committee) – one member of County Council, appointed for the term of Council. This is an Advisory Committee of the City of Kingston who acts as the Local Service Realignment body for the County of Frontenac. This Committee works to ensure that there is a comprehensive understanding of housing, affordable housing and homelessness issues, initiatives and developments, with a mandate to provide advice to Kingston City Council on housing, publicly assisted affordable housing and homelessness policies, provide advice regarding the implementation of the Municipal Housing Strategy, Homelessness Plan and other municipal housing strategies, policies and directives, provide information and input on housing matters as related to poverty reduction through the appointment of one member of the Housing and Homelessness Advisory Committee to the Poverty Reduction Group, for a term of two years and two members of Housing and Homelessness Advisory Committee to the Poverty Reduction Housing Sub Working Group for a term of two years and to maintain close linkages with other City of Kingston Committees and working groups to ensure co-ordination of housing, affordable housing and homelessness initiatives.
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Report 2025-067 Council Recommend Report To:
Chair and Members of the Governance Review Committee
From:
Jannette Amini, Manager of Legislative Services/Clerk
Date of meeting:
September 2, 2025
Re:
Corporate Services – Initial Discussions on Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Policies
Recommendation This report is for information. It is intended to provide the Committee with a high-level overview of the Municipal Freedom of Information and Protection of Privacy Act and best practice policies the County should have. Background MFIPPA came into effect January 1, 1991, and requires municipal institutions to protect the privacy of an individual’s personal information existing in a municipality’s records. The Act creates a privacy protection provision, which the municipality must follow to protect an individual’s right to privacy. The provisions include rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of a municipal institution. The Act also provides individuals the right to access municipal government information, including most general records and records containing their own personal information, subject to very specific and limited exemptions. As well, the Act provides individuals with the right to request a correction of their personal information, which they believe to be false or inaccurate and/or to attach a statement of disagreement to their records. An individual is also provided with the opportunity to request an independent review from the Information and Privacy Commissioner of Ontario (IPC) of the decisions made under MFIPPA by the head of an institution. Each municipal organization is required to appoint a head who is responsible for overseeing the administration of the legislation within the institution and for decisions made under the legislation. At the County of Frontenac, County Council has delegated the powers and duties of the head to the Waren, who in turn designated these responsibilities to the Clerk.
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Comment As part of its review and requirements under MFIPPA, the County is missing 3 key policies under the Act and will form part of the Committees focus and deliberations. Personal Information Bank Section 34(1) of the Act states that institutions must make available for inspection by the public, an index or register of all personal information banks in the custody or control of the County. The register must be revised as required to ensure its accuracy. At the County of Frontenac, there are several departments that collect personal information, such at the Planning and Economic Development department in relation to planning applications, comments through the planning approval process, etc.; the Finance department regarding employee information, ferry tickets and assistance to lower tiers regarding the administration of tax bills; the Human Resources department; and Fairmount Home. The Register would need to include such pieces of information as a description of the Personal Information Banks (collections of personal information about identifiable individuals) maintained to support each division’s programs and activities, including where the information is located, the legal authority of how it is collected, how that information is to be used, who the information can be disclosed to and how long the information will be retained. A Personal Information Bank also assists the County by having a centralized listing and location of all personal information we have on individuals should the County encounter a privacy breach outside of its control. Privacy Breach Protocol A privacy breach happens when a municipality uses or discloses personal information in contravention of the Act. Under MFIPPA, we are required to inform the individual when their personal information has been breached. Under the Personal Health Information Protection Act (PHIPA), in addition to notifying the individual, we are also mandated to report these privacy breaches to the IPC. The purpose of a Privacy Breach Protocol is to ensure that all County employees and Members of Council, Boards and Committees, at all times, comply with the provisions of MFIPPA and PHIPA. Privacy breaches undermine public trust in an institution and may result in significant harm to those whose personal information is collected, used or disclosed inappropriately. The Policy should outline the steps that must be followed when an alleged Privacy Breach is reported to ensure that it is quickly contained and investigated to mitigate the potential for further dissemination of personal information.
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Privacy Impact Assessment A Privacy Impact Assessment (PIA) is a risk management tool used to identify the actual or potential effects that a proposed or existing information system, technology, program, process or other activity may have on an individual’s privacy. A PIA will guide the County through a process that will identify the privacy impacts and the means to address them. Privacy risks or impacts fall into two broad categories:
- Risks to individuals, including identity theft and other forms of fraud, adverse impact on employment or business opportunities, damage to reputation, embarrassment, distress or financial impacts.
- Risks to institutions, including the financial, legal and reputational impact of privacy breaches and the consequences of the failure to comply with MFIPPA. When developing a PIA, it need not be cumbersome, but thoroughness is necessary to ensure that potential privacy risks are identified and mitigated. The complexity of a PIA, and resulting documentation, will depend on the complexity of the project, as each time we do a project that involves collecting personal information, the leader of the project will need to complete a PIA. At this point, MFIPPA does not require that institutions complete a PIA; however, PIAs are widely recognized as a best practice in Ontario, across Canada and globally. They have become essential tools in the analysis of privacy implications associated with information management systems, programs and technological tools used by institutions today. Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, which received Royal Ascent on November 25, 2024, made changes to the Freedom of Information and Protection of Privacy Act (FIPPA), including: ➢ a requirement for the annual report of a head of an institution to specify the number of thefts, losses or unauthorized uses or disclosures of personal information reported to the Commissioner during the year. ➢ a requirement to assess various things before collecting personal information and to require the head of an institution to implement steps to prevent or reduce the likelihood of a theft, loss or unauthorized use or disclosure of personal information from occurring and to mitigate the risks to individuals in the event of such an occurrence. A new subsection also requires that assessments be updated before making any significant change to the purpose for which personal information is used or disclosed. ➢ requires the head of an institution to take steps to ensure that personal information in the custody or under the control of the institution is protected against theft, loss and unauthorized use or disclosure and to ensure that the records containing the information are protected against unauthorized copying, modification or disposal. ➢ requires that the head of an institution to notify the Commissioner and the affected individual in the case of any theft, loss or unauthorized use or disclosure Committee Information Report Corporate Services – Initial Discussions on Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Policies September 2, 2025 Page 3 of 4
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of the individual’s personal information if there is a real risk of significant harm to the individual or if any other prescribed circumstances exist. Although Bill 194 did not affect MFIPPA, advocacy groups, including AMCTO have been advocating for the modernization of the legislative and regulatory environment to support and enable the work of municipal public servants, making it easier to understand, enforce and be innovative while ensuring policies and practices reflect current needs and situations and focus on outcomes. Its submission to the Minister highlights and provides examples of some of the biggest issues faced by administrators when it comes to administering the Act. The submission also recommends solutions to help ensure the next iteration of MFIPPA addresses new and emerging trends, provides much needed clarity, and promotes accountability and transparency. Should a review commence by the Province, it is anticipated that we can see some of the amendments made to FHIPPA, incorporated into MFIPPA. The Clerk is registered to attend the workshop on September 23 by AMCTO on Developing A Privacy Breach Protocol As A Small Municipality to assist in the development of these policies, which will be brought back to the Committee at a future meeting for review and consultation. Strategic Priorities Implications Priority 4. Maximize Administrative Leadership within the County Administration. • •
Ensure efficient and responsible financial management of County resources Ensure transparency and accountability of the governance of the County of Frontenac (Council and its Committees).
Financial Implications The costs associated with this report. Organizations, Departments and Individuals Consulted and/or Affected Kevin Farrell, Chief Administrative Officer
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