TAMRMS#: B06
10.3
REQUEST FOR DECISION
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Bylaw 5/2025 Procedure Bylaw Amendments
Presented by: Marta Caufield, Director, Legal, Legislative and Records Services
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RECOMMENDED MOTION(S)
recommendation
1. That Bylaw 5/2025, being amendment 2 to Bylaw 24/2022, be read a first time.
2. That Bylaw 5/2025 be read a second time.
3. That unanimous consent be given for consideration of third reading of Bylaw 5/2025.
4. That Bylaw 5/2025 be read a third time.
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SUMMARY
This report formally advises Council of a motion passed by Standing Committee of the Whole arising from an item on the agenda of the March 11, 2025 meeting of the Committee, and presents alternative motions for Council’s consideration, based on feedback received by administration at the March 11, 2025 meeting of SCOW.
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
On March 11, Standing Committee of the Whole passed the following motion:
AR-25-115
That Standing Committee of the Whole recommend to Council that Bylaw 5/2025 be passed, and Administration prepare alternative changes for Council’s consideration.
The Municipal Government Act provides as follows:
172.1(3) The disclosure of a councillor’s conflict of interest or perceived conflict of interest under subsection (1) and the abstention of a councillor under subsection (2) must be recorded in the minutes of the meeting.
199(2.1) Every council must by bylaw provide for public hearings under Part 17 to be conducted by electronic means.
216.4(5.1) Unless this Act or another enactment specifies otherwise, a council may hold only one public hearing on each proposed bylaw or resolution, or any part thereof, that considers residential developments or developments with residential and non-residential developments under Part 17.
BACKGROUND AND DISCUSSION
At the March 11, 2025 Standing Committee of the Whole meeting, the Committee recommended to Council that Bylaw 5/2025 be passed, and that Administration prepare alternatives for Council’s consideration. Based on the discussion at the meeting, Administration is bringing forward suggested amendments for Council consideration (see below).
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
Not applicable.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
Initiative aligned with Strategic Plan:
Not Applicable
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
Council Meetings - Council Meetings Management
IMPACTS OF ALTERNATIVES CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
ALTERNATIVE 1: Council could amend Bylaw 5/2025 to remove new proposed section 123.1, which permits council members to request to change their vote if the requested change would not alter the vote result, and which is proposed to be added in addition to section 123, which gives the chair the discretion to direct a new vote to be retaken in the case of a mistake occurring during the vote. The following motion could be used after second reading in order to achieve this amendment:
That Bylaw 5/2025 be amended by deleting section 14.
If this amendment is passed, section 123.1 would be removed from the Procedure Bylaw.
The following two alternatives relate to the ability of the chair to make changes to council meeting time, locations, and dates during the Agenda Planning process. Alternatives 2A and 2B are mutually exclusive. If Alternative 2B is passed, it would render Alternative 2A moot.
ALTERNATIVE 2A: Council could amend Bylaw 5/2025 to require that 7 days’ notice be provided to the public and to council members in the event that changes to council meeting times, locations, or dates are made (instead of the 24 hours’ notice currently required). The following motion could be used after second reading in order to achieve this amendment:
That Bylaw 5/2025 be amended by deleting the phrase “24 hours’’ in section 4 and replacing it with “7 days’’ and by adding the phrase “at least 7 days’ advance” immediately after the word “that” and before the word “notification” in section 18.
If this amendment is passed, section 9 and Schedule A of the Procedure Bylaw would be amended to require at least 7 days’ advance notice to be provided to council members and the public in the event that changes are made to council meeting times, locations, or dates.
ALTERNATIVE 2B: Council could amend Bylaw 5/2025 to remove the ability of the mayor to change the time, date, or location of meetings during the Agenda Planning process. The following motion could be used after second reading in order to achieve this amendment:
That Bylaw 5/2025 be amended by deleting section 4 and section 18.
If this amendment is passed, section 9 and Schedule A of the Procedure Bylaw would be amended to revert back to the current wording, requires a council resolution in order to amend the time, date, or location of any council meeting. Cancellations of meetings would still be able to be done via Agenda Planning.
The following alternative is mutually exclusive from the alternatives provided above. If Alternative 3 is passed, it would render Alternatives 1, 2A, and 2B moot.
ALTERNATIVE 3: Council could amend Bylaw 5/2025 to remove all new proposed sections which are not required by provincial legislation. The following motion could be used after second reading in order to achieve this amendment:
That Bylaw 5/2025 be amended by deleting sections 3-4, 6-16, 17(a), 17(b), 18-20, 21(b), 21(c), and 23.
If this amendment is passed, the Procedure Bylaw would only be amended by adding in the provisions related to MGA sections 172.1(3) (related to recording disclosures of councillors’ conflicts of interest in meeting minutes), 199(2.1) (related to ensuring that public hearings are conducted by electronic means), and 216.4(5.1) (related to only holding one public hearing on each proposed development bylaw or resolution).
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Report Date: April 15, 2025
Author: Marta Caufield
Department: Legal, Legislative and Records Services
Chief Administrative Officer: William Fletcher