TAMRMS#: B06
11.2
REQUEST FOR DECISION
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Bylaw 20/2025 Omnibus Procedure and Council Committee Amending Bylaw (1st, 2nd, 3rd Readings)
Presented by: Marta Caufield, Director, Legal, Legislative and Records Services
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RECOMMENDED MOTION(S)
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1. That Bylaw 20/2025, being a bylaw to amend the Procedure Bylaw, Arts Development Advisory Committee Bylaw, Community Services Advisory Committee Bylaw, Environmental Advisory Committee Bylaw, Seniors’ Advisory Committee Bylaw, and Youth Advisory Committee Bylaw, be read a first time.
2. That Bylaw 20/2025 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 20/2025.
4. That Bylaw 20/2025 be read a third time.
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SUMMARY
Bylaw 20/2025 is an administrative omnibus bylaw that amends the:
1. Procedure Bylaw,
2. Arts Development Advisory Committee Bylaw,
3. Community Services Advisory Committee Bylaw,
4. Environmental Advisory Committee Bylaw
5. Seniors’ Advisory Committee Bylaw, and
6. Youth Advisory Committee Bylaw
(collectively the “Amended Bylaws”).
Bylaw 20/2025 removes provisions in the Amended Bylaws that address the behaviour or conduct of Councillors and members of Council Committees who are not councillors. Bylaw 20/2025 also clarifies in the Procedure Bylaw the procedures to be followed at Council meetings and Council Committee meetings. These changes are in response to Bill 50: the Municipal Affairs Amendment Act, 2025 (“Bill 50”) which came into force May 15, 2025 and amended the Municipal Government Act (the “MGA”).
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
Section 145 of the MGA provides Council with authority to establish procedures for Council meetings and Council Committees meetings as follows:
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Status Before Bill 50 |
Status After Bill 50 |
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S. 145(1) A council may, by bylaw, establish the procedures to be followed by the council.
(2) A council may, by bylaw, establish the procedures to be followed by the council committees and other bodies.
(3) Where a council establishes a council committee or other body, the council may, by bylaw, establish the functions of the committee or body and the procedures to be followed by it. |
145(1): Subject to an order made under subsection (4) and to subsections (7) and (9) [each described below], a council may, by bylaw, establish the procedures to be followed by the council.
S. 145(4): The Minister may issue orders that: Establish or amend procedures for council and committee meetings and prohibit certain matters from being included in municipal bylaws. These ministerial orders override municipal bylaws in cases of conflict (S. 145(8)).
S. 145(7): Councils can pass bylaws on procedures so long as they do not conflict with ministerial orders or include prohibited matters.
S. 145(9-10): Councils cannot regulate conduct or create codes of conduct for councillors or non-councillor committee members via bylaw or resolution. Any such bylaws or resolutions in effect prior to this change are automatically repealed.
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BACKGROUND AND DISCUSSION
Bill 50 amended the Municipal Government Act.
To the extent Council purports to regulate a Councillor’s conduct and pass judgment on their actions by attempting to impose sanctions for misconduct, their actions will likely be characterized as adjudicative in nature and without jurisdiction post Bill 50.
However, Council has a duty under the MGA to provide good governance (s. 3). It also has a legislative function to perform, which includes developing and evaluating policies and programs of the municipality and ensuring that the powers, duties and functions of the municipality are appropriately carried out (s. 201). In order to fulfill is legislative function, Council mays still make decisions aimed at ensuring good governance and regulating the internal processes and procedures of Council.
Under the MGA, as amended by Bill 50:
1. Council may, by bylaw, establish the procedures to be followed by Council (s. 145(1)).
2. Council may, by bylaw, establish the procedures to be followed by Council Committees (s. 145(3)).
3. Council may not make a bylaw or a resolution that addresses the behaviour or conduct of Councillors or of members of Council Committees who are not Councillors (s. 145(9)).
4. Any bylaw or resolution (or portion of bylaw or resolution) that addressed the behaviour or conduct of Councillors or members of Council Committees who are not Councillors, were repealed when Bill 50 came into force (s. 145(10)).
In short, under the MGA Council has the authority to regulate meeting procedures/management but not behaviour or conduct of Councillors en masse.
The Minister may, by order, establish or amend procedures for Council and Council Committee meetings. At this time no such order has been made. If the Minister makes an order in the future that is inconsistent with the City’s bylaws, the ministerial order will govern.
Bylaw 20/2025 is an administrative amendment to bring the Amended Bylaws into alignment with the MGA, as amended by Bill 50, by:
• Removing references to the repealed Council Code of Conduct Bylaw in the Procedure Bylaw.
• Removing repealed provisions in Committee Bylaws dealing with conduct and behavior including Schedule A – Committee Code of Conduct and all related references from the following Committee Bylaws:
o Arts Development Advisory Committee
o Community Services Advisory Committee
o Environmental Advisory Committee
o Seniors’ Advisory Committee
o Youth Advisory Committee
• Clarifying meeting management procedures to be followed by Council and Council Committee members to the Procedure Bylaw.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
While no prior engagement was conducted, Legislative Services will inform Committee Members of the changes and provide them with the revised bylaws relevant to their appointment.
IMPACTS OF RECOMMENDATION(S)
Financial:
None at this time.
Compliance & Legal:
The recommended motion will update the Amended Bylaws to reflect changes to the MGA following Bill 50. The MGA explicitly prohibits Council from establishing bylaws or resolutions that address the behavior or conduct of Councillors and Council Committee members who are not Councillors. With the repeal of codes of conduct and new restrictions imposed in the MGA, Council can no longer establish a standard of conduct/behaviour for Councillors and Council Committee members; however, meeting management rules for the conduct of meetings continue to be permitted.
Bylaw 20/2025 removes references to the repealed Council Code of Conduct Bylaw and removes inoperative sections in the Amended Bylaws that address behaviour or conduct of Council members and Council Committee members. It also clarifies the procedures to be followed by Council and Council Committee members during Council meetings and Council Committee meetings.
Program or Service:
None at this time.
Organizational:
Without standards around behaviour and conduct it is unclear how Council members and Council Committee members will be required to conduct themselves. Inappropriate conduct can be managed to the extent that it interferes with the management of a meeting.
Risks
If the Council Committee Bylaws and Procedure Bylaw are not updated, they will not align with the MGA and could be misleading to the public, Council, Committee Members and City Staff involved in Council meetings and Council Committees.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
N/A
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
N/A
IMPACTS OF ALTERNATIVES CONSIDERED
Codes of Conduct and sections of bylaws addressing behaviour or conduct were automatically repealed by Bill 50. If Council does not wish to support the recommendation, the Amended Bylaws will continue to contain provisions that are inconsistent with the MGA. These inconsistent provisions are inoperative but do have the potential to create confusion.
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Report Date: September 2, 2025
Author(s): Kairee Droogers/Alex Polsellli
Department: Legal, Legislative, and Records Services
Department Director: Marta Caufield
Chief Administrative Officer: Bill Fletcher