Point of Order

Point of Order (or “question of order”) is a motion raised by any member who thinks that the rules of the Council are being violated, bringing to the attention of the Chair and members that a person has broken a rule or made an error in procedures and asking that the Council meeting follow the rules or that the error in procedure be corrected. It requires the Chair for a ruling and an enforcement of the regular rules.

It must be raised at the time of the alleged infraction. A second is not required to raise a Point of Order. A member rising on a Point of Order may interrupt a speaker. The Chair must immediately rule on the validity of the point of order. This ruling may be appealed.

Examples include:

• deviation or departure from the Procedural By-law;
• matter under discussion is not within the scope of the proposed motion;
• any defect in the constitution of any meeting of the Council;
• the use of improper, abusive or offensive language;
• notice of the fact that the matter under discussion is not within the scope of the proposed motion; or
• any other informality or irregularity in the proceedings of Council.

Examples

Every municipal government in Ontario manages its own Procedural Bylaw that outlines all of the rules for how council and committee meetings are conducted, including their structure, order, voting mechanisms, etc. and will outline how Points of Order are handled locally.

Examples include:

• “I believe this matter was decided recently and requires a re-opening before it can be considered”
• “The motion is out of order”
• “This item is not within the jurisdiction of this committee”
• “We did not have the opportunity to ask questions of officials”
• “The order of voting on these motions is not correct”

Toronto

A. If the Chair agrees, a member may present a point of order at any time and must sit back down in their seat after doing so.
B. Council or a committee cannot debate or amend a point of order.
C. The Chair immediately rules on the point of order and gives reasons for the ruling

Toronto

Waterloo

A point of order may be raised at any time by a member who considers that there is a breach of the rules of order pursuant to this bylaw. The Chair may also call any member, delegate, staff member, or member of the public to order if they observe a breach of the rules of order.

When a point of order is raised, or when a person is called to order by the Chair, the person shall immediately cease to speak until the Chair has stated and decided the point of order.

If a point of order is made by a member, the Chair shall immediately acknowledge the point of order and, in giving their decision, shall cite the rule or the law governing the case.  They may ask for the assistance of the Clerk or members in deciding the matter, but their decision shall be final if there is no appeal.

If the decision of the Chair is appealed, they shall restate the point at issue and their ruling thereon and, without further debate, shall put the question, “Shall the ruling of the Chair be sustained?”  In the event of a tie vote, the Chair shall be deemed to be sustained, notwithstanding that the challenge be to the interpretation of this bylaw.

Any member may appeal a ruling by the Chair, regardless of whether they raised the point of order or were called to order by the Chair.

In all respects, when a proceeding of Council is in contravention of any provision of this bylaw, and no member objects, it shall be deemed that Council concurs with the proceedings.

Procedure Bylaw

Belleville

(1) A Member may raise a point of order at any time, including interrupting another Member who has the floor, to bring Council’s attention to:

• (i) any breach of the Rules;
• (ii) a deviation from the matter under consideration noting that the current discussion is not within the scope of the motion on the table;
• (iii) any other informality or irregularity in the proceedings of Council.

(2) When a Member rises on a point of order, the Member shall ask leave of the Presiding Officer to raise the point of order and the Presiding Officer shall grant such leave, following which the Member shall state the point of order, and the Presiding Officer shall decide on the point of order and state his/her ruling on the matter.

(3) Upon the raising of a point of order, no further discussion on the main issue shall be conducted until the Presiding Officer has decided and stated his/her ruling on the point of order.

(4) Upon hearing the point of order, a Member shall only address the Presiding Officer for the purpose of appealing the Presiding Officer’s ruling to Council.

(5) If no Member appeals, the ruling of the Presiding Officer shall be final.

(6) If a Member appeals the Presiding Officer’s ruling on the point of order to Council, the Member shall have the right to give reasons for the appeal, following which the Presiding Officer shall have the right to reply with reasons, and the Council shall decide the question:

“That the decision of the Chair be sustained.”

without further debate, and the decision of Council shall be final

Procedural Bylaw

14.10 A Member may raise a Point of Order or Point of Personal Privilege at any time, whereupon the Chair shall:

1. interrupt the matter under consideration;
2. ask the Member raising the Point of Order or Point of Personal Privilege to state the substance of and basis for the Point of Order or Point of Personal Privilege; and
3. rule on the Point of Order or Point of Personal Privilege immediately without debate.

14.11 To raise a Point of Order or Point of Personal Privilege, a Member shall ask the Chair for permission to speak. Once recognized, the Member shall state the reason for raising a Point of Order or Point of Personal Privilege, provided that the Member shall not enter into any argument or introduce any Motion related to the Point of Order or Point of Personal Privilege. The Member shall have a maximum of one (1) minute in which to speak.

14.12 A Member may challenge the ruling of the Chair to Council or the Committee, which will then decide on the challenge, without debate, by way of a Majority vote of the Members present and voting. If there is no challenge, the ruling of the Chair shall be final.

Kingston