Section 19 – Election of Vice-Chair

  1. The Vice-Chair shall be appointed in the following manner and in accordance with any applicable City by-law:
    (1) The Chief Financial & Administration Officer calls for nominations;
    (2) Members may nominate only candidates from the Citizen Members, including themselves, and nominations do not require seconding;
    (3) The Members vote by show of hands, or if otherwise decided by a majority vote of the Members present by written ballot, which ballot is signed by the Members and read out by the Chief Financial & Administration Officer with the name of each Member together with that member’s vote;
    (4) The Vice-Chair is appointed by a majority of the Members present. If a majority of the Members present do not vote to appoint a Vice-Chair, a further vote is conducted. The next vote or ballot excludes the nominees with the fewest votes and any nominee with no votes. If two or more nominees are tied with the fewest votes, the Chair selects the nominee or nominees who advance to the next vote or ballot by the following method:
    (a) The names of the tied nominees are placed on sheets of paper of equal size, and the papers are folded in half and placed in a box; and
    (b) The Chair pulls one or more pages with the name or names of the nominee or nominees who advance to the next vote from the box.
    (5) Voting continues in accordance with Section 19(A)(3) and (4) until one nominee receives both the most votes and a majority of votes;
    (6) If after the steps set out in Section 19(A)(5) only two nominees remain and the votes for the two remaining nominees are tied, the Chair selects the winner by the following method:
    (a) The names of each of the two remaining nominees are placed on two sheets of paper of equal size, and the papers are folded in half and placed in a box; and
    (b) The Chair pulls the name of one nominee from the box, and the nominee whose name is pulled from the box is declared the winner.

Section 20 - Regular meetings; annual schedule

At the first Meeting of any calendar year, the Commission establishes and publishes an annual schedule of its Meetings for the immediate one-year period based on recommendations from the Chief Financial & Administration Officer and adheres to such schedule unless otherwise decided by the Commission.

Section 21 - Special meetings

  1. The Chair may at any time call a Special Meeting of the Commission on at least 48 hours’ notice in writing and must be delivered in person or by electronic mail to the Members by the Chief Financial & Administration Officer.
  2. If the Chief Financial & Administration Officer receives a petition that the majority of Members signed requesting a Special Meeting of the Commission, the Chief Financial & Administration Officer calls a Special Meeting for the purpose, date and time the petition requests. Notice of the Special Meeting is provided to all of the Members in writing or by electronic mail.
  3. The petition required under Section 21(B), must contain:
    (1) Original Members’ signatures;
    (2) A clear statement of the Meeting’s purpose; and
    (3) A time and date for the Meeting which may take place within 48 hours from the time the petition is given to the Chief Financial & Administration Officer.
  4. Once a petition under Section 21(B) is given to the Chief Financial & Administration Officer, no Member may add or remove his or her name from the petition.
  5. The Commission only considers the business on the agenda, and no other business at a Special Meeting.
  6. At all Special Meetings of the Commission the agenda is prepared and printed by the Chief Financial & Administration Officer in consultation with the Chair.

Section 22 – Emergency Meeting

Despite Section 21, if there is an Emergency, the Chair may call an Emergency Meeting of the Commission on less than 48 hours notice, provided that:

  • All Members are notified of the Emergency Meeting either personally, by electronic mail, or by any other means necessary, and
  • A majority of the Members agree to the Meeting by giving written consent to the Chief Financial & Administration Officer personally before the Meeting begins.

Section 23 - Quorum

  1. Subject to Section 23(B), a majority of members sitting in their assigned seats constitutes a Quorum for the Commission.
  2. Certain provisions in the Municipal Conflict of Interest Act may disqualify a number of Members from participating in a Meeting, or part thereof, and if the result is:
    (1) Too few Members for a Quorum, then two or more Members may be considered for a Quorum; or
    (2) Only one or more Members for a Quorum, then the Municipal Conflict of Interest Act describes what steps to take.

Section 24- Chair to convene meeting.

As soon as a Quorum is present after the time set for the beginning of the Meeting, the Chair starts the Meeting.

Section 25 – Quorum for Votes

The Chair ensures that a Quorum is present whenever a vote is taken.

Section 26 - Absence of the Chair; Acting Chair

  1. When the Chair is absent from the geographical area of the City of Toronto, as defined in the Act, or is absent through illness, or refuses to act, or when the office of the Chair is vacant, the Vice-Chair becomes the Acting Chair.
  2. In case the Chair does not attend within 15 minutes of the time a Quorum is present after the time appointed for the beginning of a Meeting or the resumption after an adjournment, the Chief Financial & Administration Officer calls the Members to order, and the Vice-Chair is appointed as Acting Chair and presides until the arrival of the Chair. If the Vice-Chair is not present, an Acting Chair is appointed from the Members present and he or she becomes the Acting Chair until the arrival of the Chair or Vice-Chair.
  3. The Chair may designate the Vice-Chair or another Member present as Acting Chair during any part of a Meeting when he or she leaves the chair for any reason.
  4. While presiding, the Acting Chair has all the powers of the Chair as set out in this Procedures By-law.
  5. The Chair is entitled to one vote as a Member.

Section 27 - Absence of quorum.

  1. If no Quorum is present at the time set for the beginning of a Meeting, or the resumption after an adjournment, the Chief Financial & Administration Officer calls for a Quorum for a period of 15 minutes, or until a Quorum is present, whichever is sooner.
  2. During a Meeting, if a Member or the Chief Financial & Administration Officer draws the attention of the Chair to the fact that a Quorum is not present, the Chair, upon determining that a Quorum is not present, will request the Chief Financial & Administration Officer to call for a Quorum for a period of 15 minutes, or until a Quorum is present, whichever is sooner.
  3. If there is still no Quorum after 15 minutes, the Chief Financial & Administration Officer calls the names of all of the Members and record the names of the Members present.
  4. If there is still no Quorum by the time the Chief Financial & Administration Officer has completed calling the names of all of the Members, the Commission is adjourned until the next scheduled Meeting, and subject to a Special Meeting being held in accordance with Section 21, all unfinished business is carried forward to the next scheduled Meeting.

Section 28 – Public Meetings

Except as described in Section 29, all Meetings are open to the public, and no person is excluded from a Meeting except for improper conduct under Sections 15 or 32.

Section 29 – Closed Meetings

  1. The Commission may close a Meeting to the public to discuss the following:
    (1) The security of the property of the municipality or local board;
    (2) Personal matters about an identifiable individual, including municipal or local board employees;
    (3) A proposed or pending acquisition or disposition of land for municipal or local board purposes;
    (4) Labour relations or employee negotiations;
    (5) Litigation or potential litigation, including matters before administrative
    tribunals, affecting the municipality or local board;
    (6) The receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose;
    (7) A matter in respect of which a council, board, committee or other body has authorized a meeting to be closed under another Act; or
    (8) A request under the Municipal Freedom of Information and Protection of Privacy Act.
  2. The Commission may also close a Meeting to the public if the Meeting is held for the purpose of educating and training the Members. At a Meeting closed to the public under this Section 29(B), no Member is to discuss or otherwise deal with any matter in a way that materially advances the business or decision-making of the Commission.
  3. Before holding a Closed Meeting, the Commission passes a motion to hold a closed meeting. The motion states:
    (1) That the meeting is a Closed Meeting;
    (2) The general nature of the matter the Commission is considering at the Closed Meeting;
    (3) The reason that the matter requires a Closed Meeting under Sections 29(A) or 29(B); and
    (4) If the Meeting is closed to the public in accordance with Section 29(B), specific reference to the Section (i.e. Section 29(B)).
  4. When the Commission considers a matter in a Closed Meeting, it does so in Committee of the Whole.
  5. If the matter the Commission is considering at a Closed Meeting no longer falls into one of the categories set out in Sections 29(A) or 29(B), the Meeting is no longer closed to the public.
  6. Subject to Section 29(G), members of Toronto City Council are permitted to attend any portion of a Closed Meeting with observer status.
  7. Any member of Toronto City Council who is not a Member of the Commission shall not be permitted to attend any portion of a Closed Meeting which is closed for the purposes of discussing a matter that is referred to in Section 29(A)5 (litigation or contemplation of litigation) or Section 29(A)6 (solicitor-client privilege) without the approval of the majority of Members present.

Section 30 – Minutes to Commission Meetings

  1. The Chief Financial & Administration Officer prepares the minutes for all Commission Meetings.
  2. The minutes include:
    (1) All resolutions, decisions and other proceedings;
    (2) The names of all Members attending and absent;
    (3) For Recorded Votes, a record of the way each member present voted for every Motion; and
    (4) A record of Member, if any, who declared a conflict of interest and the reason for the conflict of interest.
  3. Unless the Commission decides otherwise, the Chief Financial & Administration Officer submits each meeting’s minutes to the next regular Meeting, or as soon as possible afterwards, for Members to adopt or amend.
  4. The Chief Financial & Administration Officer circulates the minutes before the Meeting that the minutes are submitted to for adoption or amendment.
  5. If any Member requests, the Chief Financial & Administration Officer reads the minutes or any requested portion of the minutes, before the minutes are adopted or amended.
  6. The Commission passes a Motion to Amend the minutes to correct any errors or omissions and then adopts the amended minutes.
  7. If there are no errors or omission in the minutes, the Commission adopts the minutes as prepared.
  8. After the Commission adopts the minutes, the Chair and Chief Financial & Administration Officer sign them.