20-13 Amend by-law 19-41 March 24, 2020CORPORATION 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.
(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.
There shall be no limit upon the number of Members who may attend a Meeting
of Council by electronic or other communication facilities.
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
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 20 day of March, 2020.
David Mennill, Warden a
UJulie Gon'yo u, CAO/Clerk