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20-15 Delegation of Authority State of Emergency by-law March 24, 2020CORPORATION OF THE COUNTY OF ELGIN BY-LAW NO.: 20-15 Being a By -Law authorizing the delegation of authority during a declared state of emergency WHEREAS, on March 17, 2020, and pursuant to section 7.0.1(b) of the Emergency Management and Civil Protection Act, the Lieutenant Governor of Ontario, at the recommendation of the Premier, declared that a state of emergency exists throughout the Province of Ontario relating to the COVID-19 pandemic; AND WHEREAS, on March 21, 2020, and pursuant to section 4(1) of the Emergency Management and Civil Protection Act, the Warden of the Corporation of the County of Elgin declared that a state of emergency also exists in the County of Elgin relating to the said COVID- 19 pandemic; AND WHEREAS, to help protect the health and safety of the residents of the County of Elgin during the said COVID-19 pandemic, the Corporation of the County of Elgin has suspended and/or restricted normal operations of several municipal programs and facilities as well as postponing and/or canceling non -essential public meetings; AND WHEREAS Council of the County of Elgin is generally required to conduct its business in Meetings that are open to the public; AND WHEREAS, during the current state of emergency and in circumstances in which a quorum cannot be formed during a Meeting of Council, Council of the County of Elgin considers it to be in the best interests of the said County and its residents to delegate temporarily its authority and powers to make decisions by its elected Council to a body comprised of specified members of Council and senior administration of the Corporation, subject to restrictions prescribed by the Municipal Act, 2001 and the provisions of this By -Law. NOW THEREFORE the Council of the Corporation of the County of Elgin enacts as follows: Short Title 1. This By -Law may be referred to as the "COVID-19 Delegation By -Law". Interpretation 2. Unless otherwise stated: (a) a reference to a statute or regulation refers to a statute or regulation of the Province of Ontario; (b) a reference to a statute, regulation, or by-law refers to that enactment as it may be amended or replaced from time to time; and, (c) a reference to a section, paragraph, clause, or schedule is a reference to a section, paragraph, clause, or schedule of this By -Law. 3. The headings in this By -Law are for convenience only and do not form part of this By - Law. 4. If any part of this By -Law is determined to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid. 5. The delegations of authority by this By -Law are in addition to delegations of authority established by other County By -Laws and otherwise at law. In the event of any inconsistency between this By -Law and any other County By -Law, then the provision that more effectively delegates authority prevails to the extent of the inconsistency. 6. This By -Law applies retrospectively to matters that were pending for a determination by Council prior to the enactment of this By -Law. 7. In this By -Law: (a) "By -Law" means this By -Law. (b) "CAO" means the Chief Administrative Officer/Clerk appointed by the County. (c) "CEMC" means the Fire Training Officer/Community Emergency Management Coordinator appointed by the County. (d) "County" means the Corporation of the County of Elgin or the geographic area of the County of Elgin, as the context requires. (e) "County Engineer" means the County Engineer appointed by the County. (f) "County Solicitor" means the County Solicitor appointed by the County. (g) "Council" means the Council for the County. (h) "Delegated Authority Body" means a body comprised of the following individuals: (1) Warden; (2) Deputy Warden; (3) CAD; (4) Treasurer. (i) "Deputy Clerk" means the first appointed Deputy Clerk for the County within any current delegating and/or appointment By -Law for the County. (j) "Deputy Treasurer" means the first appointed Deputy Treasurer for the County within any current delegating and/or appointing By -Law for the County. (k) "Deputy Warden" means the Deputy Warden for the County. (1) "Director of Financial Services" means the Director of Financial Services appointed by the County. (m) "Director of Human Resources" means the Director of Human Resources appointed by the County. (n) "Mayor, Municipality of Central Elgin" means the Mayor for The Corporation of the Municipality of Central Elgin. (o) "Member" means a member of the Delegated Authority Body. (p) "Warden" means the Warden for the County. Implementation 8. The delegation of powers contemplated hereunder shall take effect and be implemented only if and when Council cannot form a quorum of Members for any Meeting of Council by any procedure contemplated by By -Law 19-41(Procedural By - Law) and shall remain in effect and implemented until the next Meeting of Council at which a quorum can be formed. Delegation of Authority 9. Council hereby delegates its authority and powers under all provincial statutes and regulations to the Delegated Authority Body, subject to the restrictions established by Part II of the Municipal Act, 2001 and by this By -Law. 10. The following rules apply to each exercise of authority delegated to the Delegated Authority Body pursuant to this By -Law: (a) Any decision of the Delegated Authority Body must be made at a meeting of such Body attended by at least three (3) of its Members or his or her alternate Member as set forth in section 12 below. (b) The decision by the Delegated Authority Body is by a majority of Members' votes. (c) In respect of each decision of the Delegated Authority Body, the Warden and Deputy Warden shall each have two (2) votes and the CAO and Treasurer shall each have one (1) vote. (d) Notwithstanding the rules set forth above, the Warden's votes must be among the majority of the Members' votes cast. (e) In the event of a tie vote, the Warden may cast a tie -breaking vote. (f) Any Member of the Delegated Authority Body may participate in any Meeting of such Body by electronic or other communication facilities in the fashion contemplated by By -Law 19-41 (Procedural By -Law) and, by that participation, that Member shall count in forming a quorum of any such Meeting of and for such Body. 11. The Delegated Authority Body may pass County By -Laws related to exercises of authority as delegated by this By -Law. 12. Where a Member of the Delegated Authority Body is unable to participate in an exercise of authority delegated by this By -Law, then the office holder identified following the specified Member in each of the following items may participate in the specified Member's place: (a) Warden — Most Recent Past Warden Remaining On Council (Excluding Deputy Warden). (b) DeputyWarden— Mayor, Municipality of Central Elgin. (c) CAO— CountySolicitor. (d) Treasurer— Deputy -Treasurer. 13. The CAO may establish procedures related to exercises of authority delegated by this By -Law and, furthermore, may publish minutes and other evidence of such exercises of authority. 14. Any exercise of authority delegated pursuant to this By -Law that contemplates a payment of money by the County is subject to the availability of an Approved Budget that can accommodate that payment. 15. In exercising any authority delegated pursuant to this By -Law, the Delegated Authority Body shall consult with and receive legal advice from the County Solicitor; provided that, if and when the County Solicitor participates in the decisions of the Delegated Authority Body as a Member thereof, the requirement for consultation of the County Solicitor is waived. 16. In exercising any authority delegated pursuant to this By -Law, the Delegated Authority Body may consult with and receive advice from any informed employee, servant, or consultant of the County, including but not limited to the County Engineer, Director of Human Resources, and/or CEMC. 17. Any exercise of authority delegated pursuant to this By -Law that requires preparation of a document is conditional upon a requirement that such document be of a form and content acceptable to the County Solicitor. Each such document may be executed by any one member of the Delegated Authority Body and the CAO. Each By -Law enacted pursuant to section 11 hereof may be signed by the Warden and CAO. Repeal 18. This By -Law shall be automatically repealed upon the termination of the Declaration of a State of Emergency by the Province of Ontario as dated March 17, 2020, including any extension or replacement thereof, and the Declaration of a State of Emergency by the Warden of the County of Elgin as dated March 21, 2020, including any extension or replacement thereof, whichever is later. Effective Date 19. This By -Law comes into force and is effective on the date of its passing. READ A FIRST, SECOND, AND THIRD TIME and finally passed this 241h day of March, 2020. r r David Mennill, Warden Julie Gonyou, CAO/Clerk