20-19 Amend by-law 18-35 April 14, 2020CORPORATION OF THE COUNTY OF ELGIN
BY-LAW NO.: 20-19
Being a By -Law to Amend By -Law No. 18-35 as a By -Law to Prescribe Procedures for Governing
The Calling Place and Proceedings of the Elgin County Land Division Committee
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;
AND WHEREAS, pursuant to the said section 238, Council for the Corporation of the County of
Elgin previously enacted By -Law No. 18-35, as a By -Law to Prescribe Procedures for Governing
the Calling, Place, and Proceedings of the Elgin Land Division Committee as a statutory
committee of Council;
AND WHEREAS, on March 17, 2020, and pursuant to Section 7.0.1 (1) of the Emergency
Management and Civil Protection Act, R.S.O. 1990, c. E. 9, as amended, the Lieutenant
Governor of Ontario, by and with advice and concurrence of the Premier of Ontario and the
Executive Council of Ontario, declared that a state of emergency existed and exists throughout
the Province of Ontario in relation to the then occurring and still current COVID-19 pandemic;
AND WHEREAS, on March 20, 2020, and pursuant to Section 4(1) of the Emergency
Management and Civil Protection Act, R.S.O. 1990, c. E. 9, as amended, the Warden of the
Corporation of the County of Elgin declared that a state of emergency existed and exists within
the territorial limits of the County of Elgin in relation to the then occurring and still current
COVID-19 pandemic;
AND WHEREAS, by the Municipal Emergency Act, 2020, the Act has been amended to permit a
procedure by-law enacted by the Council of a municipal corporation to provide for specific
changes to rules and regulations relating to electronic participation of members of, amongst
others, a local board or committee in a meeting of such board or committee 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,
AND WHEREAS, the Council of the Corporation of the County of Elgin has determined that it is
in the best interests of the residents of the County of Elgin to permit electronic participation of
Members of the Land Division Committee in a meeting of such Committee during periods of
declared state or states of emergency pursuant to the Emergency Management and Protection
Act, as amended.
NOW THEREFORE, the Corporation of the County of Elgin, by its Council, hereby enacts as
follows:
1. By -Law No. 18-35, shall be amended by adding section 10 A thereto, following section
10, and providing as follows:
"10 A Electronic Participation - Declared State of Emergency
Notwithstanding that set forth in sections 9 and 10 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
meeting of the Elgin County Land Division Committee shall apply:
(i) A Member who is unable to attend a 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 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 by electronic or
other communication facilities shall give to the Secretary -Treasurer 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
Secretary -Treasurer as much notice as possible prior to commencement of
such meeting. In all such circumstances, the Secretary -Treasurer 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
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 and further
including the nature and consequence of any Order or Regulation made under
authority of any existent declaration of a state of emergency, the Secretary -
Treasurer, 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 Application
Information Packets for each such meeting.
(iv) Notwithstanding the generality of that set forth in item (iii), the meeting
protocol for any meeting 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 Chair (or designate) shall lead the meeting and, where possible, shall be
present from a designated meeting location supported by the Secretary -
Treasurer (or designate).
(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 shall announce each
Application 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 Secretary -Treasurer,
as directed by the Chair, unless the Committee decides otherwise.
➢ The Secretary -Treasurer shall call the name of each Member to vote and
shall thereafter record such indicated vote of that Member as "approve",
"deny", 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 "deny", unless directed otherwise by the Chair.
➢ The Secretary -Treasurer shall announce the results of the vote to the
Chair and Committee.
(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."
READ A FIRST, SECOND, AND THIRD TIME and FINALLY ENACTED this 14th day of April, 2020.
z 6// �, - s I-e— .
David Mennill, Warden
Julie Gonyou, AO/Clerk