Procedural Guidelines for NEC Meetings

1. Purpose

To govern the process by which Commission decisions are made and provide guidelines of order for the conduct of Commission meetings.

2. Quorum

A majority (9 members, including the Chair) of the Commission must be present at a meeting to make the proceedings valid. Without a quorum no formal business or motions may be transacted by the Commission as a corporate body.

3. Chair

The Chair is responsible for the conduct of the meeting. The Chair is neutral in all discussions and does not vote except in the case of a tie when he/she explains his/her reason for voting as he/she does.

The Chair’s rulings may be appealed. On appeal, the Chair states his/her ruling and the point of appeal and then puts the question (not debatable) “shall the decision of the Chair stand as the judgement of this meeting?” A Majority vote determines the procedural issue. This is not a vote of confidence in the Chair.

4. Speaking

Speakers must address their remarks to the Chair and not to the meeting.

No one may speak until given the floor by the Chair. Only one speaker may have the floor at a time.

Generally, a member who has addressed the Commission will not be invited to speak again until all those desiring to speak have been heard.

5. Motion

Without a motion and question there is no debate. There must be a defined subject before the meeting otherwise there can be no relevant questions or discussion. Before any question can be debated there must be a motion which is moved by one member and seconded by another. The motion is then read by the Chair. It is then debatable and may be accepted, amended or rejected. When a motion has been adopted, it becomes a resolution.

For a motion to carry it requires a majority vote of those members at the table and there must be a quorum at the table. All members sitting at the table, vote on motions without abstentions (except for declared conflicts of interest).

6. Amendments

Amendments to a motion may be proposed at any time during the discussion. No amendment may be entertained which has the effect of nullifying the main motion. A motion may be amended in one of the following ways:
a) by deleting certain words;
b) by adding certain words; or
c) by deleting certain words and replacing them with others.
No more than two amendments on the same motion may be before the meeting at one time.

7. Deferrals

If a member does not want an item considered or voted upon he/she may move deferral. Deferral motions are debatable as to time only. If carried, the item will be brought back at the specified time.

The Commission may defer reports as often as it feels is necessary to obtain all the necessary information.

After one deferral is granted to an applicant, staff should establish a date with the applicant on which he/she will be prepared to attend the meeting. Once the applicant has chosen another meeting date, staff will advise that no further deferrals will be granted.

Applicants may occasionally be granted a second deferral if particular circumstances so warrant, e.g., personal emergencies, last minute new information or unavailability of expected/needed information, etc. (Staff will attempt to monitor these situations to minimize their occurrence.)

In the case of applications dealing with items already in contravention, only one deferral will be granted.

In cases where commenting and appeal or hearing deadlines are to be met, deferrals will not be granted.

8. Withdrawal of Motions

A motion or an amendment may be withdrawn with the consent of the mover and seconder. If consent is refused, the motion stands.

9. Point of Order

If a member feels that improper language has been used, irrelevant argument introduced or a rule of procedure broken, he/she is entitled to interrupt the speaker, “rise to a point of order” and seek a ruling from the Chair.

10. Question of Privilege

If a member feels that her/his own or the Commission’s reputation or position is threatened or endangered she/he is entitled to interrupt the speaker and raise “a question of privilege” and seek a ruling from the Chair.

11. Precedence of Motion

The following table gives the order of precedence of the most common motions:

MOTION VOTE REQUIRED COMMENTS

12. Voting

Voting on motions and amendments is in the reverse order in which they are made:
a) on an amendment to an amendment;
b) on the amendment;
c) on the motion or the motion as amended.

13. Demanding a Vote

A member may demand an immediate vote on a motion thereby eliminating further discussion. To do so a motion “that the question be put now” may be moved and seconded. This motion is not debatable and requires two-thirds of the Commission to be in favour. If it is passed there is no further discussion and the vote is taken. If it is rejected the debate continues.

14. Motion to Reconsider/Reopen

A member may request that a previous motion be reconsidered. To do so the following criteria must be met:

At the same meeting, provided the applicant is still present:

• New evidence must be presented to support any motion to reconsider.
• The motion to reconsider/reopen may be moved by any Commissioner who voted on the previous motion and has new evidence to present.
• The motion to reconsider/reopen is debatable and must be passed by a 2/3 majority vote.

At a subsequent meeting:

• To facilitate any motion to reconsider, staff should present a report on new evidence and any impacts of having the NEC revise its decision.
• Proper notice must be given of the NEC’s revised decision to allow for appeal.
• If the matter is before a hearing officer, the NEC can instruct staff to present new evidence since a hearing is de novo.

15. Recorded Vote

A member may request that a recorded vote be taken prior to or after the Chair calling for a vote on the question. No motion is required. The recording of a vote is not debatable. The secretary shall record how each member votes in the minutes of the meeting.

If a recorded vote is taken after members have voted on the question, the previous vote automatically becomes null and void.

Any member may request that his/her opposition to a specific motion be recorded at any time.

Recorded votes shall be taken in random order.

16. Delegations

Subject to the exception set out in sub-section (f), the public may request permission to speak at meetings on matters of interest to the Commission subject to the following procedures:

a) Any person wishing to speak at a Commission meeting must pre-arrange a speaking appointment by contacting the Chair’s secretary or any NEC planner. Ordinarily one person per approved delegation may speak. Other persons from the delegation may be asked to answer questions or to speak at the discretion of the Chair.

b) All requests for delegation status will be considered as part of the regular process of establishing the agenda for Commission meetings. (N.B. The Commission reserves the right to receive or not receive delegations at its meetings.)

c) Delegations are asked to focus their presentation on information not already covered in the staff report. Delegations can present pictures, maps and drawings at the meeting. Written information or other material should be given to the members a week in advance. This can be arranged through NEC staff. Subject to discretion of the Chair.

d) Following presentation by the delegation, there may be some questions from the Commission. Following questions the Commission will discuss the application and make a decision. The discussion period is restricted to the Commission. The Chair, however, may permit delegations to participate in the discussion if she/he considers it helpful for clarification of information previously presented.

e) If the Commission proposes a modification to the applicant’s proposal that has not been previously considered by the applicant or NEC staff, the applicant will have the choice of dealing with the modification at the meeting or asking for a deferral to the next Commission meeting.

f) Where the Commission is a party or presenter before a Board, Tribunal or Court, the Commission will not receive delegations concerning the subject matter of the litigation.

17. Cell phones and Recording Devices

a) That the use of cell phones not be allowed at Niagara Escarpment Commission meetings.

b) The use of recording devices by the public at Niagara Escarpment Commission meetings is permitted upon prior notice. The use of these devices is at the discretion of the Niagara Escarpment Commission and is to be conducted in a manner that does not disrupt the proceedings of the meeting.

18. Motion to Adjourn

A motion to adjourn or recess may be moved by a member at any time. It requires no seconder and is debatable as to time only. The secretary shall record the time of adjournment in the minutes.

19. Revision

These procedural guidelines may be modified by the Commission at any time by majority vote.

Approved by Niagara Escarpment Commission November 18, 2004.