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The Corporation of the Municipality of Clarington
By-law 2020-022
Being a by-law to amend the Procedural By-law, 2015-029.
Whereas on Tuesday, March 17, 2020, the Premier of Ontario declared a Provincial
Emergency in accordance with the Provisions of the Emergency Management and Civil
Protection Act, R.S.O. 1990, c. E.9;
Whereas subsequent to the declaration, the Legislature of the Province of Ontario
introduced Bill 187, an Act to amend the Municipal Act, 2001, S.O. 2001, c. 25, being
the Municipal Emergency Act, 2020 which received Royal Assent on March 19, 2020;
And Whereas in order to be able to implement these provisions, the Council must
amend Procedure By-law 2015-029;
Now therefore be it enacted that By-law 2015-029, Clarington's Procedural By-law, be
amended as follows:
That the following new section be added:
2.4 Electronic Participation — During a Declared
Emergency
2.4.1 "Electronic Participation" means that a Member may attend the
Council or Committee meeting, off -site, under emergency circumstances,
by electronic means. The electronic means must enable the Member to
hear and to be heard by the other meeting participants. Acceptable
formats may include teleconference, videoconference or webinar, or
other interactive communications.
2.4.2 Where a member is participating electronically, they shall be
considered as "present".
2.4.2 During any period where an emergency has been declared to
exist, in all or part of the municipality, under section 4 or 7.0.1 of the
Emergency Management and Civil Protection Act, a member of a council,
of a local board or of a committee of either of them is permitted to
participate electronically in a meeting and may be counted in determining
whether or not a quorum of members is present at any point in time.
2.4.3 For clarity, a Member of Council, of a local board, or of a
committee of either of them, can participate electronically in a meeting
that is closed to the public.
2.4.4 During any period where an emergency has been declared to
exist, in all or part of the Municipality, under section 4 or 7.0.1 of the
Emergency Management and Civil Protection Act, the Municipal Clerk is
permitted to participate electronically in a meeting.
2.4.4 The protocol for participating electronically during an emergency,
shall be set out by the Municipal Clerk and may be amended from time
to time.
2.4.5 If a Member persists in any such disobedience after having been
called to order by the Chair, the Chair shall forthwith order him to vacate
the meeting, or end the electronic participation.
That this by-law shall take effect on the date of passing.
Passed in Open Council this 23 day of March, 2020.
Adrian Fncfur Mnvnr
nicipal Clerk