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The Corporation of the Municipality of Clarington
By-law 2020-046
Being a by-law to amend the Procedural By-law 2015-029
Whereas the Province of Ontario passed Bill 168, 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;
And whereas the Council of the Municipality of Clarington deems it necessary to allow
electronic participation during routine periods;
And whereas, in order to be able to implement these provisions, 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:
1. That the following new subsection:
2.5 Electronic Participation – During Routine Period
2.5.1 “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.
2.5.2 “Present” means that a Member may attend a meeting either in person
or by electronic participation. However, references to being “present” for
quorum, or in closed meetings, do not include Members who are attending
electronically.
2.5.3 Any Member shall be permitted to participate in a meeting via
electronic participation to a maximum of three members in any given meeting.
2.5.4 Opportunities to participate electronically shall be permitted on a first
come first serve basis, as managed through the Municipal Clerk.
2.5.5 Notwithstanding Subsection 4.5, a Member who participates in a
meeting through electronic means is deemed to be present at the meeting, and
in accordance with the Municipal Act, 2001, as amended, they shall not be
counted in determining whether or not a quorum of members is present at any
point in time.”
2.5.6 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.
2.5.7 The protocol for participating electronically during routine periods shall
be set out by the Municipal Clerk and may be amended from time to time.
2.5.8 If a Member persists in any such disobedience after having been
called to order by the Chair, the Chair shall forthwith order the Member to
vacate the meeting or end the electronic participation.
2.5.9 Notwithstanding Subsection 4.7, Members attending the meeting
through electronic participation, in accordance with the Municipal Act, 2001, as
amended, shall not attend the closed session portion of the meeting.
2.5.10 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.
That the following words be deleted from subsection 7.13.1
and signed by the mover and seconder"
And replaced with
from the mover and seconder"
3. That the following words be deleted from subsection 10.12.1:
and signed by the mover and the seconder."
4. That the following words be deleted from subsection 10.12.11:
and signed by the mover and seconder."
That this by-law shall take effect on the date of passing.
Passed in Open Council this 7th day of July, 2020.
Adrian Foster, Mayor
C. A ree tree, Municipal Clerk
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