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20-47 Amend by-law 19-41 September 22, 2020COUNTY OF ELGIN By -Law No. 20-47 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 was 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 when 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 did previously enact By-law 20-13 Being a By -Law to Amend By-law No. 19-41, referred to as the Procedural By-law, to allow for electronic participation during any period when an emergency has been declared; AND WHEREAS Section 238 (3.1) of the Municipal Act, 2001, has been further amended to permit a procedure by-law of a municipal corporation to provide for specific changes to rules and regulations related to broader authorization for electronic participation by Members of Council in a Meeting on an ongoing basis; 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 deleting sub -section (m) thereof and replacing the said subsection (m) to provide as follows: " (m) Electronic Participation Pursuant to Section 238 (3.1) of the Municipal Act, 2001, as amended, 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 any and all sessions of that Meeting, including but not necessarily limited to open and closed sessions thereof, 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. (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) The Clerk, in consultation with the Warden (or designate) and County Solicitor, shall develop and maintain a meeting protocol for electronic participation in any Meeting of Council and shall distribute a current copy of such meeting protocol to all Members. (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, when possible and/or appropriate, be present from a designated meeting location supported by the CAO/Clerk (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 (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. THAT By -Law No. 20-13 be hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22nd DAY OF SEPTEMBER 2020. JulieGonyou, Chief Administrative Officer. Dave Mennill, Warden.