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Home My WebLink AboutCLD-012-20Clarington Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: Joint Committees Date of Meeting: September 14, 2020 Submitted By: Reviewed By: File Number: Report Subject: Anne Greentree, Municipal Clerk Andrew C. Allison, CAO Report Number: CLD -012-20 Resolution#: JC -120-20 By-law Number: 2020-060 Remote Meeting Participation Legislation — Allowing All Members to be Remote (Bill 197 enacted as the COVID-19 Economic Recovery Recommendations: 1. That Report CLD -012-20 be received for information; 1. That Report CLD -012-20 be received; 2. That electronic participation in closed session for Council and Committee meetings at any time (not just during emergency periods) be approved; 3. That, as per the new provisions set out in the Municipal Act, 2001, those members participating electronically in a meeting, be counted towards quorum; 4. That the By-law attached to Report CLD -012-20, as Attachment 1, amending the Procedural By-law to allow for electronic participation in closed session at Council and Committee meetings, and to provide that those participating count towards quorum, be approved; and 5. That all interested parties, and any delegations, be advised of Council's decision. Municipality of Clarington Report CLD -012-20 Report Overview Page 2 Recent changes to the Municipal Act, 2001 have allowed further electronic participation, but only during an emergency. As a result, on July 6t", Council amended the Procedural By-law to allow for limited remote participation (i.e. four Members must be in attendance, with up to three members participating remotely). With the passage of the COVID-19 Economic Recovery Act, 2020 and Royal Assent on July 21, 2020, the Act changed and it now allows that Members can participate remotely and still count towards quorum and it provides that members may participate electronically in closed sessions of Council and Committee meetings. This report provides information on the steps required to implement increased remote participation, outside of a declared emergency, should Council choose. 1. Background 1.1 Prior to the COVID-19 pandemic, since 2017, the Municipal Act, 2001 stated that Members could participate in meetings remotely but they would not count towards quorum and could not participate in Closed Session. 1.2 During the COVD-19 pandemic, the Province changed the Act to allow Members participating electronically to count towards quorum and in closed session, during a declared emergency. 1.3 On March 23, Council passed By-law 2020-022 to amend the Procedural By-law by adding Section 2.4 to accommodate these emergency provisions. 1.4 Beginning on March 23, Committee and Council meetings have been taking advantage of the loosening of restrictions and at least the majority, if not all, of Council (and Staff and delegations) has been attending meetings remotely ever since. 1.5 In anticipation of the lifting of the Province's emergency provisions during the COVID-19 pandemic, Council passed By-law 2020-046 on July 6 which outlines the circumstances, during routine periods to allow for up to three members to participate remotely, by adding Section 2.5. 1.6 The Province lifted the emergency provisions on July 24, 2020. 1.7 With the passage of the Bill 197, COVID-19 Economic Recovery Act, 2020 and Royal Assent on July 21, 2020, the Municipal Act, 2001 changed again, and it now allows that Members may participate remotely and still count towards quorum and provides that Members may participate electronically in closed session of Council and Committee meetings. Municipality of Clarington Report CLD -012-20 Page 3 1.8 Also included in Bill 197, COVID-19 Economic Recovery Act, 2020 was an amendment to the Municipal Act, 2001 to provide for the option of Proxy Voting for Council and Committee meetings. This is a very new concept which staff will need to further investigate. Staff will report back to Council at a later time regarding proxy voting. 2. Discussion Procedural Considerations 2.1 The recent changes to Bill 197 are optional and Council could choose to keep the Procedural By-law the way it is with only allowing for up to three Members to attend via electronic participation and they would not attend Closed Session. 2.2 Alternatively, Council could choose to opt into the recent changes and remove limit three and allow Members to participate in Closed Session. Technology 2.3 Since the technology is not affected by the number of Members participating remotely, there are no technology considerations. Local Boards 2.4 The changes to the Act also affect local boards. Should Council wish to remove limitations to the local boards, Clarington's local boards should be advised that their terms of reference have been changed to remove the limitations. Procedural By-law 2.5 Should Council wish to remove the limitations, it is recommended that Council amend the Procedural By-law by: • deleting Section 2.5 (regarding limitations during routine periods). • deleting Section 2.4 and replacing it with a new section 2.4 which effectively removes any reference to "declared emergency". 3. Concurrence Not Applicable. Municipality of Clarington Report CLD -012-20 4. Conclusion Page 4 It is respectfully recommended that Council provide direction on whether, or not, to remove electronic participation limitations (specifically pertaining to quorum and electronic participation in closed sessions) during routine periods. Staff Contact: June Gallagher, Deputy Clerk, 905-623-3379 ext. 2103 or jgallagher@clarington.net. Attachments: Attachment 1 — By-law to amend the Procedural By-law to allow electronic participation Interested Parties: The following interested parties will be notified of Council's decision: All Clarington Advisory Committees/Boards of Council: • Accessibility Advisory Committee • Active Transportation and Safe Roads Advisory Committee • Agricultural Advisory Committee • Diversity Committee • Heritage Committee • Samuel Wilmot Nature Area Management Advisory Committee • Task Force on Affordable Housing • Tourism Advisory Committee All Clarington Municipal Service Boards: • Newcastle Arena Board • Newcastle Village Hall Board • Solina Hall Board • Tyrone Hall Board Committee of Adjustment Property Standards Committee Bowmanville BIA Newcastle BIA Orono BIA Attachment 1 to Report CLD -012-20 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2020-OXX Being a by-law to amend the Procedural By-law 2015-029. Whereas the Province of Ontario passed Bill 197, an Act to amend the Municipal Act, 2001, S.O. 2001, c. 25, to allow Members of Council and local boards to participate electronically in meetings outside of emergency situations with no limitations including counting towards quorum and in Closed Session; And whereas the Council of the Municipality of Clarington deems it necessary to allow fully electronic participation during routine periods including counting towards quorum and in Closed Session; Now therefore be it enacted that By-law 2015-029, Clarington's Procedural By-law, be amended as follows: Delete subsection 2.4 — Electronic Participation — During a Declared Emergency and replace with the following: 2.4 Electronic Participation 2.4.1 "Electronic Participation" means that a Member may participate the Council or Committee meeting, remoting 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. The Member shall have the same rights and responsibilities as if they were in physical attendance, including the right to vote, unless otherwise prohibited by law or in other subsections of this by- law." 2.4.2 "Present" means that a Member may attend a meeting either in person or by electronic participation." Page 1 of 2 Attachment 1 to Report CLD -012-20 2.4.3 A member of 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. 2.4.4 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. 2.4.6 The protocol for participating electronically shall be set out by the Municipal Clerk and may be amended from time to time. 2. Delete subsection 2.5 — Electronic Participation — During Routine Period 3. Add the following subsection: 4.10.5 Notwithstanding subsections 4.10.1 and 4.10.2, the use of portable electronic devices may be used by a Member as an interface for a Member to participate electronically in the meeting. 4. Add the following words to subsection 10.1.1 d) after the words "shall forthwith order him to vacate the Council Chambers or room in which the Meeting is being held,": "or remove him from an electronic meeting" 5. That this by-law shall take effect on the date of passing. Passed in Open Council this 21St day of September, 2020. Adrian Foster, Mayor C. Anne Greentree, Municipal Clerk Page 2 of 2