2020-036 By-law to amend By-law No. 2017-165 (Procedural By-law) to allow for Electronic Participation where a State of Emergency has been declaredThe Corporation of the Township of Oro-Medonte
By -Law No. 2020-036
A By-law to amend By -Law No. 2017-165 (Procedural By-
law) to allow for Electronic Participation where a State of
Emergency has been declared
Whereas Council of the Township of Oro-Medonte enacted and passed By-law No
2017-165, a By-law to govern the proceedings of Council and
Committees/Technical Support Groups of Council at its meeting of December 13,
2017; and
And Whereas section 4.3 of By-law 2017-165 contains provisions which do not
allow for electronic participation by members of Council, Committee or Local
Boards; and
And Whereas Bill 187, the Municipal Emergency Act, 2020, was passed by the
legislature on March 19, 2020, which grants Municipal Councils with discretionary
authority to participate in public and closed session meetings via electronic means
where a State of Emergency has been declared under Sections 4 of 7.0.1 of the
Emergency Management and Civil Protection Act, and
And Whereas Council of the Township of Oro-Medonte deems it necessary to
exercise this discretionary authority, to implement measures to allow for electronic
participation by Council only in situations deemed to be urgent, where a State of
Emergency has been declared in accordance with Sections 4 and 7.0.1 of the
Emergency Management and Civil Protection Act, and to provide for transparency
and accountability to the public while ensuring the health and safety of its members,
staff and the public; and
And Whereas Council of the Township of Oro-Medonte deems it expedient to
amend the Procedural By-law to include such provisions to permit electronic
participation by members of Council for such situations where a State of Emergency
has been declared in accordance with the Emergency Management and Civil
Protection Act,
Now Therefore Council of The Corporation of the Township of Oro-Medonte
Hereby Enacts as Follows:
That Procedural By-law No. 2017-165 be and is hereby amended as follows:
2.8.1 While every effort shall be made by members of Council to attend
and participate in meetings physically in person, in the event that an
emergency has been declared to exist in all or part of the Township
of Oro-Medonte, or in accordance with provisions contained in
Sections 4 or 7.0.1 of the Emergency Management and Civil
Protection Act, members of Council may participate fully in a meeting
by electronic means (via teleconference or video conference). This
applies to members of Council only, and to their participation in the
following types of meetings: Regular Council, Special Council, and
Public Meetings held under the Planning Act.
2.8.1.1 Electronic participation shall mean participation by
teleconference or video conference.
2.8.1.2 Any member of Council participating by electronic
means shall notify the Clerk at a minimum twelve (12)
hours in advance of the meeting.
2.8.1.3 Where a State of Emergency has been declared as
outlined in Section 2.8.1 above, electronic participation
shall count towards quorum in accordance with Section
238(3.3) of the Municipal Act, 2001, as amended by Bill
187.
2.8.1.4 Votes cast by members electronically shall be counted
towards the overall decision of Council.
2.8.1.5 a) The seat of a member of Council shall be declared
vacant if the Member is absent for three (3)
consecutive meetings, without prior approval from
Council, with the exception of illness/health reasons.
b) If that member is prepared to show just cause why
they should remain on the Council, the continuation
of their appointment shall be determined by Council.
c) Members of Council are required to inform the Clerk's
office of any anticipated, but unavoidable, absences
from meetings.
2.8.1.6 In the event of technical failure during the meeting,
Council/Committee may take a recess to allow staff to
reinstate the electronic participation. If a member can no
longer participate by electronic means, it will not affect
the validity of the meeting or decisions made.
2. This By-law shall come into force and take effect on the final day of passing
thereof.
By -Law read a First, Second and Third time, and Passed this 241h day of
March, 2020.
The Corporation of the Township of Oro-Medonte
M or, .S. H ghes
Actih'g Clerk, Robin Dunn