20-20 Amend by-law 19-40 April 14, 2020CORPORATION OF THE COUNTY OF ELGIN
BY-LAW NO.: 20-20
Being a By -Law to Amend By -Law No 19-40 being a By -Law to Define the Mandate and
Meeting Procedures for Committees Established by the Corporation of the County of Elgin
WHEREAS the Municipal Act, 2001, 5.0. 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 Council for the Corporation of the County of Elgin previously enacted By -Law
No. 19-40, being a By -Law to Define the Mandate and Meeting Procedures for Committees
Established by the Corporation of the County of Elgin;
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 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 in a Meeting, including Committee Meetings, 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 in a meeting of any Committee established by Council during periods of declared
state or states of emergency pursuant to the Emergency Management Protection Act, as
amended.
NOW THEREFORE, the Corporation of the County of Elgin, by its Council, hereby enacts as
follows:
1. By -Law No. 19-40, shall be amended by adding Section 41 A thereto, following Section
41, and providing as follows:
"41 A Electronic Participation - Declared State of Emergency
Notwithstanding that set forth above or below, 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 any
Meeting of a Committee established by Council shall apply:
(i) A Member who is unable to attend a Committee 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 Committee Meeting by
electronic or other communication facilities shall give to the Chair and
CAO/Clerk 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 Chair and CAO/Clerk as much notice as possible prior to
commencement of such Meeting. In all such circumstances, the Chair and
CAO/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
Committee 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 made or Regulation passed
under authority of any existent declaration of a state of emergency, the Chair, in
consultation with the CAO/Clerk 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 Committee 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 shall lead the Meeting and, where possible, shall be present at a
designated meeting location supported by the Secretary (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
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 Secretary, as directed
by the Chair, unless the Committee decides otherwise.
➢ The Secretary 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 Secretary 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 142h day of April, 2020.
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David Mennill, Warden
Julie Gonyou, AO/Clerk