HomeMy WebLinkAbout20 116 Municipality of Kincardine 2013 Procedure By-law Amendment (14) By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2020 - 116
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 shallpass a procedure by-law for
governing the calling, place and proceedings of meetings;
AND WHEREAS Municipality of Kincardine\[S <ROCedure By-law No. 2013 - 161
was amended by By-law No. 2020 - 044 to allow Council Members to participate
in meetings electronically, during any period where an emergency has been
declared;
AND WHEREAS the COVID-19 Economic Recovery Act, 2020, S.O. 2020, c. 18
Z Bill 197, received Royal Assent on July 21, 2020 and included amendments to
the Municipal Act, 2001;
AND WHEREAS the newly amended Municipal Act s. 238 (3.3) allows members
of council, committee or local boards to participate in any open or closed meetings
electronically and be counted in determining quorum;
AND WHEREAS Council has deemed it appropriate to amend the Procedure By-
law to allow for members of Council, committees or local boards to participate in
any open or closed meeting electronically and be counted in determining quorum;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That section A2.4.7 of Schedule \\A\] of By-law No. 2013 - 161 be repealed
and replaced with the following:
A2.4.7 The Municipality shall allow for electronic participation by the Clerk
and municipal Staff in both open and closed council meetings per
Appendix C, Operational Protocols for Electronic Meeting
Participation by Council Members
2. That the following sections of Schedule \\A\] of By-law No. 2013 - 161 be
repealed and replaced to reflect the change permitting Council members
participating electronically in any open or closed meeting and to be counted
in determining quorum:
A3.1 A majority of the whole number of members required to constitute
the Council shall be necessary to be present to form a quorum
pursuant to subsection 237 (1) of the Municipal Act, 2001.
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Municipality of Kincardine 2013 Procedure By-law Amendment (14) By-law
By-law No. 2020 - 116
A3.4 To be considered as part of quorum for a meeting, the Council
member must be physically present for the meeting, unless
participating by electronic means such as telephone or video
conferencing. Any such member of Council participating by
electronic meansshall be counted in determining whether ornot a
quorum of members is present and shall be permitted to participate
fully in the meeting, including casting a vote per Appendix C,
Operational Protocols for Electronic Meeting Participation by
Council Members. .
3. That sections A4.1 and 1*#& OF >CHEDULE \\1\] OF 2Y-law No. 2013 - 161 be
AMENDED WITH THE ADDITION OF \\OR ANY OTHER LOCATION OTHERWISE DESIGNATED!
which may include by telephone OR VIDEO CONFERENCING\] AFTER \\IN THE
Municipal Council ChAMBERS\]#
4. That section A7.3 OF >CHEDULE \\1\] Of By-law No. 2013 - 161 be amended
with the addition of \\If the meeting is being held in the Council Chambers\]
before \\a paper copy will beplaced in the foyerof the Council Chambers
for public viewing.\]
5.That Schedule \\A\] section A15 of By-law No. 2013 - 161 be amended to
include A15.10 as below:
A15.10 Delegations may be scheduled to address via video-conferencing
or in person.
6. That Schedule \\A\] section A18 of By-law No. 2013 - 161 be amended to
include A18.8 as below:
A18.8 Closed meetings will not be recorded, streamed or otherwise
communicated using a Recording/Electronic Device, but may be
held via electronic means such as telephone or video conferencing.
Members of Council or others in attendance at a Closed Meeting
may be required to close all laptops and remove all
Recording/Electronic Devices from the room, at the discretion of
the Mayor. Exceptions will be made to allow for electronic
participation. Electronic participation will be allowed during any
Closed Meeting.
7. That section C12. Electronic Participation at Committee Meetings of By-law
No. 2013 - 161 be repealed and replaced with the following:
C12.1 Members of Committees may attend an open or closed meeting,
electronically via telephone or video conference. Any such member
of a Committee participating electronically shall be counted in
determining whether or not a quorum of members is present and
shall be permitted to participate fully in the meeting, including
casting a vote per Appendix B, Operational Protocols for Electronic
Meeting Participation by Committee Members
C12.2 The Municipality shall allow for electronic participation by the
Secretary and MunicipalStaff inboth open and closed Committee
meetings.
8.That Appendix \\B\]of Schedule\\A\]of By-law No.2013 -161 be repealed
and replaced with the attached Appendix \\B\].
9.That Appendix \\C\]of Schedule\\A\]of By-law No.2013 -161 be repealed
and replaced with the attached Appendix \\C\].
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Municipality of Kincardine 2013 Procedure By-law Amendment (14) By-law
By-law No. 2020 - 116
10. That this By-law shall come into full force and effect upon its final passage.
11.ThisBy-law may be CITED AS THE \\9UNICIpality of Kincardine 2013
Procedure By-law Amendment (14) By-law\]#
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READ a FIRST and SECOND TIME this 9 day of September, 2020.
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READ a THIRD TIME and FINALLY PASSED this 9 day of September, 2020.
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Mayor Clerk