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HomeMy WebLinkAbout20 044 Municipality of Kincardine 2013 Procedure By-law Amendment (11) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT iPt • Tkfurir1 y ✓011unOF axe BY-LAW NO. 2020 - 044 BEING A BY-LAW TO AMEND BY-LAW NO. 2013 - 161; BEING A BY-LAW TO GOVERN THE CALLING, PLACE AND PROCEEDINGS OF MEETINGS WHEREAS pursuant to Subsection 238 (2) of the Municipal Act, 2001, S.O. 2001, c.25, every municipality and local board shall pass a procedure by-law for governing the calling, place and proceedings of meetings; • AND WHEREAS The Municipal Emergency Act, 2020 was passed by the Provincial Government on March 19, 2020 to amend the Municipal Act, 2001; AND WHEREAS in order to allow for The Corporation of the Municipality of Kincardine to implement the measures provided for by the Province, an amendment to the procedure by-law is required; AND WHEREAS the newly amended Municipal Act s. 238 (3.4) allows a municipality to hold a special meeting to amend an applicable procedure by-law for the purpose of incorporating the measures included in the Municipal Emergency Act, 2020, during any period where an emergency has been declared, and which allows for members to participate electronically and be counted in quorum for that meeting; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That Schedule "A" section Al of By-law No. 2013 — 161 be amended to include the definition of Emergency below as A1.8 and further that the numbering be amended accordingly: • "Emergency" or "Emergencies" shall have the same meaning as that in the Emergency Management and Civic Protection Act, R.S.O. 1990, c. E.9 and shall mean a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise. 2. That Schedule "A" section A3 of By-Law No. 2013 - 161, be amended to include A3.4 as below: During an emergency existing in all or part of the municipality, declared by the Premier, Cabinet or local Head of Council under sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act, the municipality shall allow for electronic participation of council members in both open and closed council meetings per Appendix C, and such members shall be counted in determining whether or not a quorum of members is present. • 3. That Schedule "A" of By-Law No. 2013 — 161 be amended to include Appendix C, Operational Protocols for Electronic Meeting Participation by Council Members During an Emergency as attached. Page 2 of 2 Municipality of Kincardine 2013 Procedure By-law Amendment (11) By-law By-law No. 2020 - 044 4. That this By-law shall come into full force and effect upon its final passage. • 5. This By-law may be cited as the "Municipality of Kincardine 2013 Procedure By-law Amendment (11) By-law". READ a FIRST and SECOND TIME this 30th day of March, 2020. READ a THIRD TIME and FINALLY PASSED this 30th day of March, 2020. Mayor Deputy Clerk • • • • Municipality of Kincardine Procedure By-Law By-law No. 2013 — 161 Schedule "A" Appendix C Operational Protocols for Electronic Meeting Participation by Council Members During an Emergency Per Section A3.4 - During an emergency existing in all or part of the municipality, declared by the Premier, Cabinet or local Head of Council under sections 4 or 7.0.1 of the Emergency Management and Civil Protection Act, the municipality shall allow for electronic participation of council members in both open and closed council meetings per Appendix C, and such members shall be counted in determining whether or not a quorum of members is present. Operating Protocols 110 1. The CAO and Clerk will determine the most appropriate electronic method for meeting attendance by members of Council. 2. Members of Council wishing to participate by electronic means must notify the Clerk prior to the meeting that they wish to attend electronically. 3. Members attending meetings electronically will: • Inform the Chair about his or her intentions to leave the meeting either on a temporary or permanent basis. • Mute his or her electronic device when he or she is not speaking. • Ensure that no one other than the member of Council is present for any closed session discussions; • Identify themselves whenever wishing to speak; and 41) • Abide by all rules of procedure; • Committee members should dress (if video conference) and act as though in attendance in person. 4. Open meeting requirements included in the Municipal Act continue to apply despite any electronic participation and specifically: a. Members of the public will be permitted to be present for the electronic meetings which are not closed under the provisions of the Municipal Act. 5. In the instance of a pandemic or public health emergency, the number of members of the public is permitted to be limited to the size and location of the meeting space. Page 40 of 41 110 • Municipality of Kincardine Procedure By-Law By-law No. 2013 — 161 Schedule "A" 6. There is no guarantee of the quality of any electronic participation. 7. There will be no requirement for closed meeting minutes or agendas in paper format. 8. Each Member participating in a meeting by Electronic Means shall be available at least fifteen (15) minutes before the beginning of the meeting to assist staff in establishing the electronic connection. 9. Members attending electronically shall verbally announce their vote. 10.A Member(s) participating by Electronic Means will be deemed to have left the meeting when they are no longer electronically connected to the meeting. • 11. In the case of a loss of connection, or any connection issue which impedes the ability of a Member(s) to participate in the meeting in real time, the meeting will continue without attempts by staff to reconnect. The Member may attempt to reconnect and rejoin the meeting. • Page 41 of 41 •