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The Corporation of the Municipality of Clarington
By-law 2020-060
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."
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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 2161 day of September, 2020.
Adrian Foster, Mayor
Municipal Clerk
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