05 - March 24, 2020 County Council Agenda Package for Special Meeting 1 111,.
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Table of Contents
SPECIAL COUNCIL MEETING #1
FOR TUESDAY, MARCH 24, 2020 - 1:00 PM
I. Orders — March 24, 2020 2
II. Reports Index — March 24, 2020 3
III. Report -Amendment to Procedural By-Law 4
IV. Attachment —An Act to amend the Municipal Act, 2001 and the City of 6
Toronto Act, 2006
V. By-Law— Elgin COVID-19 Amendment to Procedural By-Law 9
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ORDERS OF THE DAY
SPECIAL COUNCIL MEETING #1
FOR TUESDAY, MARCH 24, 2020 — 1:00 PM
ORDER
1St Meeting Called to Order
2nd Disclosure of Pecuniary Interest and the General Nature Thereof
3rd Motion to Move Into "Committee Of The Whole Council"
4t" Reports of Council, Outside Boards and Staff
6t" Motion to Adopt Recommendations from the Committee Of The Whole
7t" Consideration of By-laws
8t" ADJOURNMENT
TELECONFERENCE MEETING — IN-PERSON PARTICIPATION OPTIONAL
NOTE FOR MEMBERS OF THE PUBLIC:
Attendance of the public in person is subject to compliance with orders of the Province of
Ontario and social distancing guidelines. Please note at this time there is not an option for the
public to call in to this meeting.
COVID-19 NOTICE: Have you travelled outside Canada within the last 14 days? Or been in
close contact with a confirmed or probable case of COVID-19? Do you have a fever, cough,
shortness of breath? If yes ..... STOP. Please do not attend the meeting in person if you are
unwell. Help prevent any potential spread of COVID-19 and other illnesses.
Accessible formats available upon request.
Page 3
REPORTS OF COUNCIL AND STAFF
March 24, 2020
Staff Reports — (ATTACHED)
Chief Administrative Officer - By-Law 20-13 to Amend Procedural By-Law (No. 19-41) -
Electronic Participation
Page 4
' m(��a�i'1�f l we REPORT TO COUNTY COUNCIL
FROM: Julie Gonyou, Chief Administrative Officer/Clerk
DATE: March 22, 2020
SUBJECT: By-Law 20-13 to Amend Procedural By-Law (No. 19-41) - Electronic
Participation
RECOMMENDATIONS:
THAT the Council of the County of Elgin receives the report from the Chief
Administrative Officer/Clerk dated March 22, 2020 titled By-law 20-13 to Amend
Procedural-By-law (No. 19-41) — Electronic Participation as presented; and further
THAT the Council of the County of Elgin considers approving the Amended Procedural
By-law.
BACKGROUND:
On March 19, 2020, the Ontario Government took unprecedented action to respond to
COVID-19 by convening an emergency sitting of the legislature and passing two pieces
of legislation which will protect the jobs of employees who self-isolate or quarantine,
help keep store shelves stocked and give municipal councils the flexibility to continue
operations while maintaining social distance.
LEGISLATIVE AMENDMENTS:
On March 18, 2020, the Ontario Legislature passed Bill 187, Municipal Emergency Act,
2020, which received Royal Assent and is now in force. A copy of the Act is attached to
this report. The Act amends the Municipal Act, 2001 to provide that, during
emergencies, should they choose to, members of councils, local boards and
committees who participate electronically in open and closed meetings may be counted
for purposes of quorum.
The Municipal Act, 2001 is also amended to allow the Lieutenant Governor in Council to
make regulations imposing limits and conditions on the powers of a municipality under
Section 129 of the Act.
Electronic Participation, emergencies
Subsection 3.3 — The applicable procedure by-law may provide that, during any period
where an emergency has been declared to exist in all or part of the municipality under
section 4 or 7.01 of the Emergency Management and Civil Protection Act.
(a) Despite subsection (3.1), a member of a council, of a local board or of a
committee of either of them who is participating electronically in a meeting may
Page 5
be counted in determining whether or not a quorum of members is present at any
point in time; and
(b) Despite subsection (3.2), a member of a council, of a local board or of a
committee of either of them can participate electronically in a meeting that is
closed to the public.
Same, procedure by-law
Subsection 3.4 —A municipality or local board may hold a special meeting to amend an
applicable procedure by-law for the purposes of subsection (3.3) during any period
where an emergency has been declared to exist in all or part of the municipality under
section 4 or 7.01 of the Emergency Management and Civil Protection Act and despite
subsection (3.1), a member participating electronically in such a meeting may be
counted in determining whether or not a quorum of members is present at any time
during the meeting.
CONCLUSION:
The Government of Ontario's response to COVID-19 through Bill 187 will help
communities across the province respond to this crisis by allowing councils to conduct
meetings remotely. These changes empower municipalities to respond quickly and
continue to function when in-person meetings can not be held and council decisions
need to be made.
Page 6
Legislative Assembl6e
Assembly ° 16gislative
of Ontario de l'Ontano
1ST SESSION,42Nn LEGISLATURE,ONTARIO
69 ELIZABETH II,2020
Bill 187
(Chapter 4 of the Statutes of Ontario, 2020)
An Act to amend the Municipal Act, 2001 and the City of Toronto Act, 2006
The Hon. S. Clark
Minister of Municipal Affairs and Housing
1 st Reading March 19,2020
2nd Reading March 19,2020
3rd Reading March 19,2020
Royal Assent March 19,2020
90
Page 7
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 187 and does not form part of the law. Bill 187 has been enacted as
Chapter 4 of the Statutes of Ontario, 2020.
The Municipal Act, 2001 and the City of Toronto Act, 2006 are amended to provide that,during emergencies, should
they choose to, members of councils, local boards and committees who participate electronically in open and closed
meetings may be counted for purposes of quorum.
The Municipal Act, 2001 is also amended to allow the Lieutenant Governor in Council to make regulations imposing
limits and conditions on the powers of a municipality under section 129 of the Act.
Page 8
Bill 187 2020
An Act to amend the Municipal Act,2001 and the City of Toronto Act, 2006
Her Majesty,by and with the advice and consent of the Legislative Assembly of the Province of Ontario,enacts as follows:
Municipal Act,2001
1 Section 238 of the Municipal Act,2001 is amended by adding the following subsections:
Electronic participation,emergencies
(3.3) The applicable procedure by-law may provide that,during any period where an emergency has been declared to exist in
all or part of the municipality under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act,
(a) despite subsection(3.1),a member of a council,of a local board or of a committee of either of them who is participating
electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point
in time; and
(b) despite subsection (3.2), a member of a council, of a local board or of a committee of either of them can participate
electronically in a meeting that is closed to the public.
Same,procedure by-law
(3.4) A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of
subsection(3.3)during any period where an emergency has been declared to exist in all or part of the municipality under section
4 or 7.0.1 of the Emergency Management and Civil Protection Act and despite subsection (3.1), a member participating
electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any
time during the meeting.
2 Subsection 451.1 (1)of the Act is amended by striking out"sections 9,10 and 11"and substituting"sections 9,10,11
and 129".
City of Toronto Act,2006
3 Section 189 of the City of Toronto Act,2006 is amended by adding the following subsections:
Electronic participation,emergencies
(4.2) The applicable procedure by-law may provide that,during any period where an emergency has been declared to exist in
all or part of the City under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act,
(a) despite subsection(4),a member of city council,of a local board of the City or of a committee of either of them who is
participating electronically in a meeting may be counted in determining whether or not a quorum of members is present
at any point in time; and
(b) despite subsection(4.1), a member of city council,of a local board of the City or of a committee of either of them can
participate electronically in a meeting that is closed to the public.
Same,procedure by-law
(4.3) The city council or a local board of the City may hold a special meeting to amend an applicable procedure by-law for the
purposes of subsection(4.2)during any period where an emergency has been declared to exist in all or part of the City under
section 4 or 7.0.1 of the Emergency Management and Civil Protection Act and despite subsection(4),a member participating
electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any
time during the meeting.
Role of head of council
(4.4) Despite anything in this or any other Act, only the head of council may call a special meeting of city council for the
purposes of subsection(4.3).
Commencement
4 This Act comes into force on the day it receives Royal Assent.
Short title
5 The short title of this Act is the Municipal Emergency Act,2020.
Page 9
CORPORATION OF THE COUNTY OF ELGIN
BY-LAW NO.: 20-13
Being a By-Law to Amend By-Law No.19-41, referred to as the Procedural By-Law
WHEREAS the Municipal Act,2001,S.O.2001,c. M.46,as amended("Act"),and in particular
section 238 thereof, requires a municipal corporation to enact a procedure by-law governing,
among other things,the calling,place,and proceedings of meetings of its Council;
AND WHEREAS Council for the Corporation of the County of Elgin previously enacted By-Law
No.19-41,referred to as the Procedural By-Law,to satisfy the said requirement of the Act;
AND WHEREAS By-Law No.19-41,as amended,and in particular section 11 thereof,allows for
electronic participation of Members of Council in a Meeting of Council in keeping with the
provisions of the Act,and in particular section 238(3.1)thereof;
AND WHEREAS the Act has been amended to permit a procedure by-law of a municipal
corporation to provide for specific changes to rules and regulations relating to electronic
participation of Members of Council in a Meeting of Council during any period where an
emergency has been declared to exist in all or any part of the municipality pursuant to sections
4 or 7.0.1 of the Emergency Management and Civil Protection Act.
NOW THEREFORE,the Corporation of the County of Elgin,by its Council, hereby enacts as
follows:
1. By-Law No. 19-41,and in particular section 11 thereof,shall be amended by adding
subsection(n)thereto,following subsection (m),and providing as follows:
"(n) Electronic Participation - Declared State of Emergency
Notwithstanding that set forth in subsection (m)above,during any period in which an
emergency has been declared to exist in all or part of the territorial limits of the County
of Elgin pursuant to either section 4 or 7.0.1 of the Emergency Management and Civil
Protection Act,the following rules and regulations for electronic participation in a
Council Meeting shall apply:
(i) A Member who is unable to attend a Council Meeting in person may participate
in that Meeting by electronic or other communication facilities if,
(a) The facilities enable all participating Members,whether attending in person
or through electronic participation,to hear and be heard by all other
Members.
(b) Except for all or any part of the Council Meeting that is closed to the public,
the electronic or other facilities are capable of and enable the public to hear,
or watch and hear,all Members participating in the Meeting.
Page 10
(c) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice of
that intention at least 24 hours prior to the commencement of such Meeting,
provided that, if Notice of such Meeting is provided less than 24 hours prior
to its scheduled commencement,then the Member shall give to the Clerk as
much notice as possible prior to commencement of such Meeting. In all such
circumstances,the Clerk will,as soon as reasonably possible, provide the
Member intending to attend by electronic participation with instructions on
how to connect to and participate in that Meeting by electronic or other
communication facilities.
(ii) There shall be no limit upon the number of Members who may attend a Meeting
of Council by electronic or other communication facilities.
(iii) Subject to and depending upon prevailing circumstances,including but not
limited to the nature and extent of the then current emergency,the Clerk, in
consultation with the Warden(or designate)and County Solicitor,shall develop a
meeting protocol for each such Meeting and shall distribute such meeting
protocol to all Members along with the Notice of and/or Agenda for each such
Meeting.
(iv) Notwithstanding the generality of that set forth in item (iii),the meeting
protocol for any Meeting of Council at which one or more Members shall attend
the Meeting by electronic or other communication facilities shall include and
incorporate the following mandatory rules and/or practices:
(a) The Warden (or designate),as Chair,shall lead the Meeting and be present
from a designated meeting location supported by the CAO/Clerk(or
designate),where possible.
(b) Each Member attending the Meeting by electronic or other communication
facilities shall notify the Chair and other Members when he or she joins the
Meeting and, if and when applicable,upon leaving the Meeting.
(c) Any Member attending and present during a Meeting by electronic or other
communication facilities shall be counted for purposes of quorum at the
commencement of and at any point in time during the Meeting.
(d) Any Member attending and present during a Meeting by electronic or other
communication facilities may participate in all aspects of the Meeting as if
present in person, including but not limited to debate,questioning,
presentation of motion,and/or voting.
(e) During the course of a Meeting within which any Member is participating by
electronic or other communication facilities,the Chair(or designate)shall
announce each agenda item on the floor of the Meeting and shall thereafter
maintain an orderly meeting process,including keeping Members fully
informed.
(f) Any Member attending and present during a Meeting by electronic or other
communication facilities may vote on any matter being considered in such
Page 11
Meeting and that vote shall be counted and,as set forth below,duly
recorded.
(g) During the course of each vote conducted within such Meeting,
➢ All votes shall be a recorded vote conducted by the Clerk,as directed by
the Chair,unless Council decides otherwise.
➢ The Clerk shall call the name of each Member to vote and shall thereafter
record such indicated vote of that Member as"yes","no',or"abstain".
➢ If the Member,whether present in person or electronically and after two
attempts,fails to respond to the call of his or her name,then the vote is
recorded as"no",unless directed otherwise by the Chair.
➢ The Clerk shall announce the results of the vote to the Chair and Council,
including announcement of the specific vote of each Member as either
"yes", "no",or"abstain".
(h) During the course of the Meeting,
➢ Each Member shall remain silent and attentive to the proceeding when
not assigned to the floor by the Chair.
➢ Each Member shall listen for their name to be assigned to the floor to
speak or to vote.
➢ All Members shall take and abide by the directions of the Chair in order
to facilitate an effective,efficient,and orderly Meeting.
(i) The above rules and practices shall apply to all sessions of the Meeting,
whether open or closed to the public."
2. This By-Law is enacted at a special meeting held in accordance with section 238(3.4)of
the Municipal Act,2001,as amended,and shall come into effect as of the date and time
of its passing.
READ A FIRST,SECOND,AND THIRD TIME and FINALLY ENACTED this 24'day of March,2020.
David Mennill,Warden
Julie Gonyou,CAO/Clerk