Procedural Bylaw Regulations
Councils must set procedural bylaw rules for meeting notices, committee rules, and the appointment, suspension, or revocation of independent officers.
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Procedural Bylaw Regulations
Councils must set procedural bylaw rules for meeting notices, committee rules, and the appointment, suspension, or revocation of independent officers.
c t PROCEDURAL BYLAW REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to January 30, 2021. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the Queen’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Procedural Bylaw Regulations Table of Contents PROCEDURAL BYLAW REGULATIONS c Table of Contents Section Page 1. Definitions................................................................................................................................................ 5 2. Notice of regularly scheduled meetings ................................................................................................... 5 3. Notice of special meeting ......................................................................................................................... 6 4. Notice of changes ..................................................................................................................................... 6 5. Council committees.................................................................................................................................. 6 c t Current to: January 30, 2021 Page 3 Procedural Bylaw Regulations Section 1 c MUNICIPAL GOVERNMENT ACT M-12.1 PROCEDURAL BYLAW REGULATIONS Pursuant to clause 261(1)(d) and subsection 261(2) of the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1, Council made the following regulations: 1. Definitions (1) In these regulations, (a) “Act” means the Municipal Government Act R.S.P.E.I. 1988, Cap. M-12.1; (a.1) “place” includes, in respect of information or a notice or other document to be posted, or a meeting to be held, by electronic means, the electronic location where the information, notice or document may be found or the electronic meeting may be accessed; (b) “procedural bylaw” means a procedural bylaw made by a council pursuant to clause 86(2)(e) of the Act. Electronic means (2) For the purposes of the Act and these regulations, the provision of notice by electronic means by a council requires that, at a minimum, the notice shall be posted electronically on a website that (a) is operated and maintained by or on behalf of the municipality; and (b) is accessible to the general public. (EC751/17; 752/20) 2. Notice of regularly scheduled meetings (1) A council shall in its procedural bylaw establish rules respecting public notice of its regular schedule of meetings and committee meetings that, at a minimum, (a) require the notice to provide all necessary information respecting the date, time and place of each meeting; and (b) require notice of the schedule to be established and maintained by (i) electronic means, and (ii) means of a sign or poster that is posted in a place that is accessible to the general public. c t Current to: January 30, 2021 Page 5 Section 3 Procedural Bylaw Regulations Notice to members (2) A council shall in its procedural bylaw establish rules respecting the notice to be provided to members of council and council committees respecting the regularly scheduled meetings of council and council committees. (EC751/17) 3. Notice of special meeting A council shall in its procedural bylaw establish rules respecting the public notice to be provided in respect of a special meeting called under subsection 121(1) of the Act that, at a minimum, (a) meet the requirements of subsection 121(2) of the Act; and (b) provide that the notice shall be (i) published by electronic means, and (ii) posted in the form of a sign or poster in a place that is accessible to the general public. (EC751/17) 4. Notice of changes (1) A council shall in its procedural bylaw establish rules respecting public notice of a change of the date, place or time of any meeting that, at a minimum, (a) require the notice to provide all necessary information respecting the new date, time and place of the meeting; (b) require at least 24 hours’ notice of the change of date, time or place of the meeting; and (c) require the notice to be published (i) by electronic means, and (ii) by means of a sign or poster that is posted in a place that is accessible to the general public. Notice to members (2) A council shall in its procedural bylaw establish rules respecting the notice to be provided to members of council or a council committee respecting a change of the date, time or place of a meeting of council or the council committee that include, at a minimum, that the council (a) shall provide at least 24 hours’ notice of the change of date, time or place of the meeting to each member of council or the council committee, as the case may be; and (b) shall provide the notice to each member by telephone, e-mail or text message, as directed by the member. (EC751/17) 5. Council committees A council shall in its procedural bylaw provide rules for the establishment of committees of council that specify, at a minimum, (a) whether a council committee is a standing committee or an ad hoc committee; (b) the terms of reference or purpose of the committee; (c) the number of members for each committee; (d) the eligibility criteria for membership on each committee; (e) the process for appointments, including who may appoint the members of each committee; Page 6 Current to: January 30, 2021 t c Procedural Bylaw Regulations Section 6 (f) whether the committee shall be composed exclusively of council members or a combination of council members and other persons; and (g) the events by which or circumstances in which a committee member’s appointment shall be terminated. (EC751/17) 6. Appointment of independent officers Where a council has in its procedural bylaw provided for the appointment of a person as an independent officer, the council shall specify in the bylaw that the appointment or the suspension or revocation of the appointment shall be by a vote of at least two-thirds of the members of council then holding office voting in favour of the resolution to appoint, suspend or revoke the appointment of the independent officer, as the case may be. (EC752/20) c t Current to: January 30, 2021 Page 7
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