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Bylaw |
To Provide for the calling of and proceeding at meetings of the Board of Health for the Simcoe Muskoka District Health Unit |
Bylaw No. |
2007-01 |
Revision History |
2005-04-01: Amended From SCDHU Bylaw 00-1 |
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Pursuant to Section 56 (1) (c) of the Health Protection and Promotion Act, the Board of Health shall pass a bylaw respecting the calling of and proceedings at meetings, and may pass a bylaw on any other matter necessary or advisable for the management of the affairs of the Board of Health under Section 56 (2).
In this by-law:
a) ”Act” means the Health Protection and Promotion Act R.S.O. 1990 as amended.
b) "Board" means the Board of Health for the Simcoe Muskoka District Health Unit.
c) "Chairperson" means the Chairperson of the Board of Health for the Simcoe Muskoka District Health Unit.
d) ”Committee” means a Committee of the Board but does not include the Committee of the Whole.
e) ”Committee of the Whole” means all the members present at a meeting of the Board sitting in Committee.
f) ”Council” means the Council of any constituent municipality.
g) "Employee" means an employee of the Simcoe Muskoka District Health Unit.
h) "Health Unit" means the Simcoe Muskoka District Health Unit, representing the County of Simcoe, City of Barrie, City of Orillia and the District of Muskoka.
i) "Medical Officer of Health" means the Medical Officer of Health of the Simcoe Muskoka District Health Unit.
j) “Meeting” means a meeting of the Board.
k) "Member" means a Member of the Board of Health for the Simcoe Muskoka District Health Unit.
l) “Quorum” means a majority of the members of the Board who attend the Board meeting either in person or via tele/videoconference;
2. ROLE OF THE BOARD OF HEALTH:
2.1 The Board shall manage the affairs of the Health Unit in accordance with the Health Protection and Promotion Act, RSO 1990, as amended, the regulations made thereunder from time-to-time, and all other provincial statues and regulations relative thereto and as prescribed by this bylaw.
2.2 The Board:
a) shall superintend, provide or ensure the provision of the health programs and services required by the Act and the regulations to the persons who reside in the Health Unit served by the Board; and
b) shall perform such other functions as are required by or under the Act or any other Act.
2.3 The Board of Health shall superintend, provide or ensure the provision of health programs and services in the following areas:
a) Community sanitation, to ensure the maintenance of sanitary conditions and the prevention or elimination of health hazards.
b) Control of communicable diseases, including provision of immunization services to children and adults.
c) Health promotion, health protection and disease and injury prevention including the prevention and control of cardiovascular disease, cancer, AIDS and other diseases.
d) Family health including:
e) Collection and analysis of epidemiological data
f) Such additional health programs and services as are prescribed by the regulations.
3. BOARD MEMBERSHIP
3.1 The Board shall consist of nine municipal appointees specified in regulation 559 R.R.O. 1990 as amended made under the Health Protection and Promotion Act:
a) Four members to be appointed by the Municipal Council of the County of Simcoe.
b) Two members to be appointed by the Municipal Council of the City of Barrie.
c) One member to be appointed by the Municipal Council of the City of Orillia.
d) Two members to be appointed by the Municipal Council of The District Municipality of Muskoka.
3.2 The Lieutenant Governor in Council may appoint one or more persons as members of a board of health, but the number of members so appointed shall be less than the number of municipal members of the board of health. The Ministry of Health and Long-Term Care has accepted a recommendation for the appointment of five public members.
3.3 Members of the Board and their families shall not enter into any business arrangement with the Health Unit in which they are interested directly or indirectly in accordance with Municipal Conflict of Interest Act, RSO 1990: except:
a) in a written and competitive sealed quotation basis, and
b) having declared any interest therein, and having refrained from voting thereon.
3.4 The rules and regulations contained in the by-law shall be observed in all proceedings of the Board and shall be the rules and regulations for the order and dispatch of business in the Board and in the Committees thereof, provided that the rules and regulations contained herein may be suspended by a majority vote of the Board and in any case for which provision is not made herein the procedure to be followed shall be, as near as may be, that followed in the Legislative Assembly of Ontario and its Committees.
4. BOARD MEETINGS - INAUGURAL
4.1 The Inaugural Meeting of the Board shall take place on or before January 31 st of each year following the Members appointment to the Board.
4.2 The Medical Officer of Health shall call the Meeting to order and preside over the election of the Chairperson for the current year. Upon election, the new Chairperson shall assume the Chair of the meeting, complete the election of board officers, as necessary, and preside over the remainder of the agenda.
5. CONVENING REGULAR BOARD OF HEALTH MEETINGS
5.1 The next and each succeeding regular Meeting of the Board shall be held on the third Wednesday of each month at 9:30 a.m.
5.2 In the case of a change in the regularly scheduled meeting, a notice shall be sent to each member advising of the time and place at least forty-eight (48) hours before the meeting is to take place. When the day for a regular meeting of the Board is a public or civic holiday, the Board, unless it decides otherwise, shall meet at the same hour on the next regular business day.
5.3 Meetings of the Board shall be held at the Offices of the Health Unit and other locations as may be established by the Board from time to time for such purpose.
6. CONVENING SPECIAL MEETINGS
6.1 The Chairperson may at any time summon a special meeting of the Board on forty-eight (48) hours notice to the Members of the Board, or, upon receipt of the petition of the majority of the Members of the Board, the Medical Officer of Health shall summon a special meeting for the purpose and at the time mentioned in the petition. The only business to be dealt with at a special meeting is that which is listed in the notice of the meeting.
7. CALLING OF MEETING TO ORDER AND QUORUM
7.1 As soon after the hour fixed for the holding of the meeting of the Board of Health as a quorum is present, the Chairperson shall take the Chair and call the meeting to order. A majority of the current Members shall constitute a quorum of the Board.
8. ABSENCE OF BOARD CHAIRPERSON
8.1 In the case of the absence of the Chairperson from the Board, or if absent through illness or refusal to act, or if the office is vacant, the Vice-Chairperson shall be appointed to act from time to time in the place and instead of the Chairperson and shall have all the rights, powers, and authority of the Chairperson while so acting.
8.2 In the case the Chairperson does not attend within fifteen (15) minutes after the time appointed for a meeting of the Board, the Medical Officer of Health shall call the Members to order and an acting Chairperson shall be appointed from among the Members present and shall preside until the arrival of the Chairperson and while so presiding the acting Chairperson shall have all the powers of the Chairperson.
9. QUORUM
9.1 If no quorum is present one half hour (30 minutes) after the time appointed for a meeting of the Board, the recording secretary shall record the names of the Members present and the meeting shall stand adjourned until the date of the next regular meeting.
10. THE CONDUCT OF PROCEEDINGS AT A MEETING OF THE BOARD
ROLE OF THE BOARD CHAIRPERSON
10.1 It shall be the duty of the Chairperson of the Board or other presiding officer:
a) to open the meeting of the Board by taking the Chair and calling the Members to order;
b) to announce the business before the Board in order in which it is to be acted upon;
c) to receive and submit, in the proper manner, all motions presented by the Members of the Board;
d) to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of proceedings, and to announce the result;
e) to decline to put to vote motions which infringe the rules of the procedure;
f) to restrain the Members, within the rules of order, when engaged in debate;
g) to enforce on all occasions the observance of order and decorum among the Members;
h) to call by name any Member persisting in breach of the rules of order of the Board, thereby ordering him to vacate the meeting room;
i) to receive all messages and other communications and announce them to the Board;
j) to authenticate, by his/her signature when necessary, all by-laws, resolutions, and minutes of the Board;
k) to inform the Board, when necessary or when referred to for the purpose, on point of order or usage,
l) to represent and support the Board, declaring its will, and implicitly obeying its decisions in all things;
m) to ensure that the decisions of the Board are in conformity with the laws and by-laws governing the activities of the Board;
n) to adjourn the meeting when the business is concluded;
o) to adjourn the meeting without question put, in the case of grave disorder arising in the meeting room activities of the Board.
11. AGENDA
11.1 The Medical Officer of Health shall have prepared and printed for the use of the Members of the regular meetings of the Board an agenda as follows:
11.2 Any Member, at any time prior to the preparation of the agenda, may file in writing an item for inclusion in the agenda under New Business.
11.3 When it appears that any matter should be considered In-Camera, the Board may, on motion, resolve itself into In-Camera, and the proceedings taken In-Camera when adopted by the Board shall be deemed to be proceedings of the Board. The Chairperson may preside In-Camera or may designate another Member to preside.
11.4 An item of business not listed on the Board agenda cannot be introduced at a Board meeting without approval of the Board expressed by motion.
11.5 The business of the Board shall in all cases be taken up in order in which it stands upon the agenda unless otherwise decided by the Board.
11.6 All motions called in pursuance of the agenda and not disposed of shall be placed at the foot of the list of motions unless otherwise decided by the Board.
12. MINUTES
12.1 Minutes shall record:
a) The place, date and time of meeting;
b) The name of the Chairperson and record of the attendance of the members;
c) The reading, if requested, correction and adoption of the minutes of prior meetings;
d) All other proceeding of the meeting without note or comment, including the name of the Member that declares a Conflict of Interest in accordance with the Conflict of Interest Act.
12.2 It shall be the duty of the Medical Officer of Health to ensure that the minutes of the last regular Meeting, and all Special and Standing Committee Meetings held more than seven (7) days prior to a regular meeting, together with agenda prepared in accordance with Clause 11 are mailed or delivered to each Member not less than forty-eight (48) hours before the hour appointed for the holding of such regular Meeting.
12.3 Such minutes as referred to in Clause 12.2 may be adopted by the Board without having been read at the Meeting considering the question of their adoption, and in other cases, the minutes shall be read prior to consideration of adoption.
13. PETITIONS AND COMMUNICATIONS
13.1 Every communication, including a petition designed to be presented to the Board, shall be legibly written or printed and shall not contain any obscene or improper language and shall be signed by at least one person and filed with the Medical Officer of Health.
13.2 Every petition or communication shall be delivered to the Medical Officer of Health not less than forty-eight (48) hours before the commencement of the Meeting of the Board.
13.3 The recording secretary shall read the substance thereof to the Board but any Member may require the reading of part or all thereof.
13.4 All petitions or communications on any subject within the cognizance of a Standing Committee shall on presentation, unless otherwise disposed of by the Board forthwith, be considered as referred to the appropriate Committee as the case may be without any motion or debate unless otherwise ordered by the Board.
14. DEPUTATIONS
14.1 Persons desiring to present information verbally on matters of fact or make a request of the Board shall give notice to the Medical Officer of Health not less than forty-eight (48) hours before the commencement of the Meeting of the Board and may be heard by leave of the Chairperson, but shall be limited in speaking to not more than ten (10) minutes except that a delegation consisting of more than five (5) persons shall be limited to two (2) speakers, each limited to speaking not more than ten (10) minutes.
15. UNFINISHED BUSINESS
15.1 The items listed in the order of the topics set out in the agenda of prior Meetings which have not been disposed of by the Board and the date of their first appearance on the agenda shall be noted and repeated on each subsequent agenda until disposed of by the Board unless removed from the agenda by leave of the Board.
16. READING OF BY- LAWS AND PROCEEDINGS THEREON
16.1 No by-law except a by-law to confirm the proceedings of the Board shall be presented to the Board unless the subject matter thereof has been considered and approved by the Board.
16.2 Every by-law shall be introduced upon motion by a Member of the Board, specifying the title of the by-law.
16.3 Every by-law when introduced shall be in typewritten form and shall contain no blanks except such as may be required to conform to accepted procedure or to comply with the provisions of any act and shall be complete with the exception of the number and date thereof.
16.4 Every by-law shall have three readings prior to it being passed. The first reading of a by-law shall be decided without amendment or debate.
16.5 If the Board determines that the by-law is to be considered in Committee of the Board, it shall be so considered previous to the third reading thereof.
16.6 In proceedings in Committee of the Board upon by-laws, each section shall be considered in its proper order, inclusive of the title and recitals.
16.7 If the Board so determines, a by-law may be taken as read.
16.8 The secretary shall set out on all by-laws enacted by the Board the date of the several readings thereof.
16.9 All amendments made in Committee of the Board shall be reported by the Chairperson to the Board which shall receive the same forthwith and after the report has been received a by-law shall be open to debate and amendment before it is ordered for the third reading.
16.10 When a by-law is reported without amendment it shall be forthwith ordered to be read the third time at such time as may be appointed by the Board.
16.11 Every by-law enacted by the Board shall be numbered and dated and signed by, the Medical Officer of Health and the Presiding Chairperson and shall be filed by the Medical Officer of Health for safekeeping.
16.12 The Medical Officer of Health and Members may request a review and/or amendment of any by-law in accordance with the process delineated in Clause 16 and 28.1.
16.13 The Medical Officer of health on behalf of the Board will initiate a comprehensive review of all Board by-laws a minimum of every four (4) years.
17. MOTIONS
17.1 Notices of Motion - Notice of all new motions except motions listed in Clauses 20.12 and 20.13 shall be given in over the signature of the mover and seconder and shall be complete and correct.
17.2 When a Member’s notice of motion has been called from the Chair in two successive meetings and not proceeded with, it shall be dropped from the agenda unless the Board otherwise decides.
17.3 If at the third meeting such notice of motion is called from the Chair and not proceeded with, it shall be deemed to have been withdrawn.
17.4 Dispensing with Notice - Any motion may be introduced without notice if the Board, without debate, dispenses with notice on the affirmative vote of at least a simple majority of the Members present and voting.
17.5 Seconding - A motion must be formally seconded before the presiding Chairperson can have the question or motion recorded in the minutes.
17.6 Presentation of Motion by Chairperson - When a motion is presented to the Board in writing, it shall be read or if it is a motion which may be presented orally, it shall be stated by the presiding Chairperson before debate.
17.7 Ultra Vires - A motion in respect of a matter, which is beyond the jurisdiction of the Board, shall not be in order.
17.8 Withdrawal - After a motion is read or stated by the Chairperson it shall be deemed to be in possession of the Board, and may be withdrawn at any time before decision or amendment.
17.9 Priority of Disposition - A motion properly before the Board for decision must receive disposition before any other motion can be received except motions in respect of matters listed in Clauses 20.12 and 20.13.
17.10 Procedure Next Meeting - A motion called in order in which it stands upon the agenda of the routine of business of a meeting and which is not decided by the Board shall be allowed to stand retaining its precedence upon the agenda of the routine of business of the next regular meeting of the Board.
17.11 Reference to a Committee - A motion to refer a matter under discussion by the Board to a Committee of the Board shall preclude all amendments of the main question until it is decided.
17.12 Amendments - A motion to amend;
a) shall be presented in writing,
b) shall receive disposition of the Board before a previous amendment or the question,
c) shall not be further amended more than once, provided that further amendment may be made to the main question,
d) shall be relevant to the question to be received,
e) shall not be received proposing a direct negative to the question,
f) may propose a separate and distinct disposition of a question,
g) shall be put in the reverse order to that in which it is moved.
17.13 The Previous Question - A motion for the previous question;
a) cannot be amended,
b) cannot be proposed when there is an amendment under consideration,
c) shall preclude all further amendments of the main question,
d) when resolved in the affirmative, the question is to be put forthwith without debate of amendment,
e) can only be moved in the following words, "that the question be now put", and
f) may be voted against by the mover and seconder.
17.14 Motion to Adjourn - A motion to adjourn
a) shall always be in order except as provided by these rules,
b) when resolved in the negative, cannot be made again until after some intermediate proceedings shall have been completed by the Board,
c) is not in order when a Member is speaking or during the verification of a vote,
d) is not in order immediately following the affirmative resolution of a motion for the previous question.
17.15 Privilege - A motion on a matter of privilege shall receive disposition of the Board forthwith upon receipt and, when settled, the question so interrupted shall be resumed from the point where it was suspended.
17.16 Motion to Refer - A motion to refer back a question to Committee with or without instructions may be amended but must receive disposition by the Board before the question, or an amendment to the question, and when made prior thereto, before decision on a motion for the previous question or postponement.
17.17 Motion to Divide - A motion containing distinct proposals may be divided by leave of the Board.
18. RECONSIDERATION
18.1 Any substantive motion may be reconsidered if, upon the putting of the substantive motion, the minority vote comprised not less than one-third of the Members present and voting.
18.2 After a substantive motion has been decided, any Member who voted or is deemed to have voted thereon may at any time prior to adjournment of the Meeting at which such substantive motion was decided give notice in writing that he/she will move at the first Meeting held thereafter for a reconsideration thereof.
18.3 The Board may immediately, upon such notice having been given, vote as to whether or not such notice or reconsideration be entertained.
18.4 After such notice has been given and accepted, no action shall be taken to carry into effect the main motion until after the motion to reconsider has been disposed of.
18.5 Every motion for reconsideration considered at a subsequent meeting shall be declared lost, unless the majority of the Board vote therefore.
18.6 No discussion of the main question shall be allowed upon an accepted notice of reconsideration or upon the motion to reconsider unless and until the Board shall have voted to reconsider the same, but the Member who gives the notice may have the privilege of stating his/her reasons for doing so.
18.7 No question upon which a notice of reconsideration has been accepted shall be considered more than once, nor shall a vote to reconsider be reconsidered.
18.8 The words "the first meeting held thereafter" in Clause 18.2 shall mean the next regular Meeting of the Board or a meeting called specially to consider the accepted motion of reconsideration of which notice has been given.
19. VOTING ON MOTIONS
19.1 Questions Stated - Immediately preceding the taking of the vote, the presiding Chairperson may state the question in the form introduced and shall do so if required by a Member except when a motion for the previous question has been resolved in the affirmative. He/she shall state the question in the precise form in which it will be recorded in the minutes.
19.2 No interruption after question - After a question is finally put by the presiding Chairperson, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the results have been declared.
19.3 Division of Question - A separate vote shall be taken upon each proposal contained in a question divided with leave of the Board.
19.4 Vote not allowed - A Member not present before the result of the division on a question is declared shall not be entitled to vote on that question.
19.5 Unrecorded Vote - The manner of determining the decision of the Board on a motion shall be at the discretion of the presiding Chairperson and may be by voice, show of hands, standing or otherwise.
19.6 Recorded Vote - When a Member present requests a recorded vote, all Members present at the Board or Committee Meeting must vote in alphabetical order, unless otherwise prohibited by statute. The names of those who voted for and others who voted against shall be noted in the minutes. The secretary shall announce the results. A request for a recorded vote can only be made before an unrecorded vote is taken except as set out in Clause 20.4.
19.7 The Chairperson may vote on every question.
19.8 In the event of a tie vote, the question shall be declared lost.
19.9 If a Member declares a Conflict of Interest on any matter in accordance with The Conflict of Interest Act, the Member should advise the Board prior to the vote being taken and should refrain from voting, discussing or influencing other Members thereon.
20. RULES OF DEBATE
20.1 Every Member prior to speaking to any question or motion shall address the presiding Chairperson. When two or more Members rise to speak, the presiding Chairperson shall designate the Member who has the floor who shall be the Member who, in the opinion of the presiding Chairperson, rose first. Every Member present at a meeting of the Board when a question is put shall vote thereon unless prohibited by statute.
20.2 When a recorded vote is requested by a Member, or is otherwise required, the secretary shall record the name and vote of every Member on any matter or question.
20.3 If any Member at a meeting of the Board when a question is put and a recorded vote taken does not vote, he shall be deemed as voting in the negative except where he is prohibited from voting by statute.
20.4 If a Member disagrees with the announcement of the presiding Chairperson that a question is carried or lost he may, but only immediately after the declaration by the presiding Chairperson, appeal the declaration and request that a recorded vote be taken.
20.5 When the presiding Chairperson calls for the vote on a question, each Member shall occupy his/her seat and shall remain in his/her place until the result of the vote has been declared by the presiding Chairperson, and during such time no Member shall walk across the room to speak to any other Member or make any noise or disturbance.
20.6 When a Member is speaking no other Member shall pass between him and the Chair or interrupt him except to rise on a point of order.
20.7 Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking.
20.8 No Member shall speak more than once to the same question without leave of the Board, except that a reply shall be allowed to be made only by a Member who has presented the motion to the Board, but not by any Member who has moved an amendment or a procedural motion.
20.9 No Member, without leave of the Board, shall speak to the same question, or in reply, for longer than ten (10) minutes.
20.10 A Member may ask a question only for the purpose of obtaining information relating to the matter under discussion and such question must be stated distinctly and asked only of the previous speaker.
20.11 Notwithstanding Clause 20.10, when a Member has been recognized as the next speaker, then immediately before speaking such member may ask a question of the presiding Chairperson or an employee of the Health Unit on the matter under discussion but only for the purpose of obtaining information, following which the Member shall speak.
20.12 The following matters and motions with respect thereto may be introduced orally without written notice and without leave, except as otherwise provided by these Rules of Procedure:
a) a point of order or personal privilege;
b) presentations of petitions;
c) to lay on the table;
d) to postpone indefinitely or to a day certain;
e) to move the previous question.
20.13 The following motions may be introduced without notice and without leave, but such motions shall be in writing and signed:
a) to refer;
b) to adjourn;
c) to amend;
d) to suspend the Rules of Procedure.
20.14 Except as provided by Clause 20.12 above, all motions shall be in writing and signed by the mover and seconder.
20.15 In all unprovided cases in the proceedings of the Board or in the Committee of the Board, the matter shall be decided by the presiding Chairperson, subject to an appeal to the Board upon a point of order.
21. POINTS OF ORDER AND PRIVILEGE
21.1 The presiding Chairperson shall preserve order and decide questions of order.
21.2 When a Member rises to a point of order he shall ask leave of the presiding Chairperson to raise a point of order and after leave is granted he shall state the point of order to the presiding Chairperson and sit down and remain seated until the presiding Chairperson shall have stated and decided the point of order.
21.3 Thereafter, a Member shall only address the Chair for the purpose of appealing the presiding Chairperson’s decision to the Board.
21.4 If no Member appeals, the decision of the presiding Chairperson shall be final.
21.5 The Board, if appealed to, shall decide the question without debate and its decision shall be final.
21.6 Where a Member considers that his/her integrity or the integrity of Board as a whole has been impugned, he may as a matter of personal privilege rise at any time, with the consent of the presiding Chairperson, for the purpose of drawing the attention of the Board to the matter.
22. CONDUCT OF THE MEMBERS OF THE BOARD
22.1 No Member shall speak disrespectfully of the Reigning Sovereign, or of any of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any province, or any Member of the Senate, the House of Commons of Canada, the Legislative Assembly of the Province of Ontario or the Council of any Municipal Government.
22.2 No Member shall:
a) use offensive words or unparliamentary language in or against the Board of Health or against any Member;
b) speak on any subject other than the subject in debate;
c) criticize any decision of the Board except for the purpose of moving that the question be reconsidered;
d) disobey the rules of the Board or a decision of the Presiding Chairperson or of the Board on questions of order or Practice or upon the interpretation of the rules of the Board; and in case a Member persists in any such disobedience after having been called to order by the Presiding Chairperson, the presiding Chairperson may forthwith put the question, no amendment, adjournment or debate being allowed, "that such Member be ordered to leave his/her seat for the duration of the meeting of the Board" but if the Member apologizes he/she may, by vote of the Board, be permitted to take his or her seat.
22.3 No person except Members of the Board and the Medical Officer of Health shall be allowed to come within the bar during the sittings of the Board without permission of the Presiding Chairperson or the Board upon reference.
22.4 When the Chairperson is putting the question no Member shall leave or make a disturbance.
23. IN-CAMERA
23.1 Whenever it shall be resolved on motion of any Member to go In-Camera, the motion shall include a statement of the general nature of the matter to be considered which shall be as follows:
a) the security of the property of the Board;
b) personal matters about an identifiable individual including Health Unit employees;
c) a proposal or pending acquisition of real property for Board purposes;
d) labour relations or employee negotiations;
e) litigation or potential litigation affecting the Board;
f) advice that is subject to solicitor-client privilege including communications necessary for that purpose; or
g) a matter that can be considered in private under the authority of another Act.
23.2 The presiding Chairperson may appoint another Member to act as Chairperson while he is speaking to a question or while he is temporarily absent from the meeting.
23.3 The Chairperson shall maintain order and report the proceedings to the Board and the Board, in open meeting, shall dispose of the decision taken In-Camera, when appropriate.
23.4 The rules governing the procedure of the Board and the conduct of Members in the Board shall be observed In- Camera so far as they are applicable, except that:
a)
Motions may be moved orally except where the presiding Chairperson requests that the motion be in written form.
b) A seconder shall not be required on motions.
c) The number of times of speaking on any question shall not be limited unless a Member moves that the vote be now taken.
23.5 If a Member disobeys the rules of the Board or the decision of the presiding Chairperson on questions of Order or practice, or upon interpretation of the rules of the Board and persists in such disobedience after having been called to order by the presiding Chairperson, the presiding Chairperson shall forthwith suspend the proceedings of the In-Camera session and report the circumstances to the Board, and the presiding Chairperson shall forthwith put the question, no amendment, adjournment or debate being allowed, "That such Member be ordered to leave his/her seat for the duration of the meeting of the Board", but if the Member apologizes, he may by vote of the Board, be permitted to retake his/her seat.
24. STANDING COMMITTEE
24.1 There shall be one Standing Committee of the Board known as the Committee of the Board (The Committee). The purpose of the Committee is to provide a more informal opportunity for full discussion of items prior to Board of Health decision. The Committee may provide direction to staff and pass motions. However, all decisions of the Committee must be ratified by the Board of Health at its next meeting through Board Motion or the approval of Committee Minutes.
The functions of this committee shall be:
a) To review as necessary, the personnel policies affecting all staff members of the Health Unit;
b) To promote efforts to educate and inform the public of the functions and services provided by the Health Unit;
c) To recommend appointment of Senior Staff;
d) To review the purpose, objectives and work plans of Health Unit programs;
e) To review proposals for new or substantial revision of programs;
f) To review the development of long term planning and goals.
g) To study and prepare for the monthly meeting of the Board a detailed annual budget for revenue and expenditures;
h) To study the detailed financial statements of the Health Unit;
i) To review for the monthly meeting of the Board on matters of grounds, building maintenance, equipment and furnishings including tenders for same;
j) To receive and review all audit reports requested by the Board or performed by the Ministry of Health and Long-Term Care.
k) To ensure audit recommendations are acted upon by Senior Staff of the Health Unit.
24.2 The Chairperson of the Board shall be the Chairperson of the Committee.
24.3 All Board Members shall be the Members of the Committee.
24.4 A majority of the current members of the Board shall constitute a quorum in Committee.
24.5 The Committee of the Board shall meet as required in accordance with the schedule of meetings as adopted by the Board. At each Board of Health meeting, the Board of Health will confirm whether the Committee meeting scheduled for the following month is required.
24.6 Special meetings of the Committee may be called by the Committee Chairperson with at least forty-eight (48) hours notice whenever it may be considered necessary to do so, or it shall be the duty of the Medical Officer of Health to summon a special meeting of the Committee whenever requested in writing to do so by a quorum of Members of the Committee.
24.7 The Chairperson of the Committee may, at his/her discretion, refer a matter of urgent nature to the Board, which due to the time element, cannot be properly presented to the next regular meeting of the Committee.
24.8 The Committee Chairperson, or in his/her absence, such other Member of the Committee as may be chosen by the Committee, shall preside at every meeting and may vote on all questions submitted and in the case of any equal division, the question shall be deemed to have been decided in the negative.
24.9 In the absence of the Committee Chairperson for a period of fifteen (15) minutes after the time appointed for the holding of a meeting of the Committee, one of the other Members of the Committee, if there be a quorum present, may be appointed for the holding of a meeting of the Committee, and shall discharge the duties of The Committee Chairperson during the meeting or until the arrival of the Committee Chairperson.
24.10 If there be no quorum present thirty (30) minutes after the time appointed for the meeting, the meeting shall stand adjourned.
24.11 It shall be the duty of the Committee to adhere to the transaction of all business according to the rules governing the procedure in the Committee as prescribed by this by-law.
24.12 When a point of order is raised or when a Member is called to order in the Committee, the same procedure shall be adopted as in the Board, except that the question shall be decided by the Committee Chairperson, subject to an appeal to the Members of the Committee.
24.13 The Committee Chairperson shall be entitled to vote at meetings thereof as a Member of such Committee but shall not have a second or casting vote in the event of an equality of votes on any question.
24.14 The Committee may appoint an adhoc committee from its members to investigate and report on any matters related to committee business, provided that:
a) the adhoc committee, in all cases, reports directly to the Committee; and
b) the established adhoc committee does not have the power to appoint additional subcommittees, nor shall it add to its membership without permission from the Committee.
24.15 The Medical Officer of Health or designate shall assign a secretary to all committees of the Board.
24.16 A copy of the minutes of the Committee shall be forwarded to the Board.
24.17 It shall be the duty of the Medical Officer of Health or designate to give notice of each meeting of the Committee together with an agenda of the matters to be considered as directed by the Chairperson of the Committee so that such notice and agenda will reach the members at their addresses as recorded in the Board records not later than one working day proceeding the day of the meeting.
24.18 Deputations may address the Committee by requesting the Medical Officer of Health, or an appointee, to place their name in deputation on the agenda for the particular meeting. Notwithstanding the above and at the Committee’s discretion, any deputations other than those listed may be heard on any item appearing on the agenda. The priority in which deputations are heard by the Committee shall be in accordance with the following:
a) known and listed deputations arranged for prior to distribution of agenda;
b) deputations who, subsequent to the preparation of the agenda and prior to the commencement of a meeting, apply to the Medical Officer of Health or Chairperson to be heard on a particular matter; and
c) deputations who appear at a meeting and are not identified until such times as a particular item comes forward for discussion.
24.19 The rules governing the procedure of the Board and the conduct of Members of the Board shall be observed in a meeting of the Committee insofar as they are applicable, provided that:
a) a motion shall not be required to be seconded,
b) the number of times a Member may speak on any question shall not be limited,
c) no Member shall speak more than once to an item of business until every member who desires to speak has spoken,
d) at the request of any Member of the Committee present any item on the agenda of the meeting may be re-opened upon a majority of the Members present,
e) the vote of any particular item shall not be recorded but that a Member on request may be recorded as being opposed,
f) if a member disregards the rules of the Board or a decision of the Chairperson of the Committee on questions of order or practice or upon the interpretation of the rules of the Board and persists in such conduct, after having been called to order by the said Chairperson, the Chairperson shall forthwith put the question with no amendment, adjournment or debate, "that such a Member be ordered to leave his/her seat for the duration of the Committee meeting." If following such vote by the Committee the Member apologizes, he/she may, by a further vote of the Committee, be permitted to retake his/her seat.
25. SUSPENSION OF RULES
25.1 Any procedure required by this by-law may be suspended with consent of a majority of the Members of the Board present and if a bare quorum is present the unanimous consent is required.
26. CORPORATE SEAL
26.1 The corporate seal of the Board shall be in the form impressed hereon and shall be kept by the Executive Officer or the Secretary of the Board.
27. EXECUTION OF DOCUMENTS
27.1 The Board may at any time and from time to time direct the manner in which and the person or persons who may sign on behalf of the Board and affix the corporate seal to any particular contract, arrangements, conveyance, mortgage, obligation, or other document or any class of contracts, arrangements, conveyances, mortgages, obligations, or documents.
28. AMENDMENT
28.1 No amendment or repeal of the by-law or any part thereof shall be considered at any meeting of the Board unless notice of proposed amendment or repeal has been given at a previous regular meeting of the Board and the waiving of this notice by the Board is prohibited.
By-law 2007-01 read a first, second and third time and finally passed this 17 th day of January, 2007.
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Chair, Board of Health
Simcoe Muskoka District Health Unit
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Medical Officer of Health
Simcoe Muskoka District Health Unit