HomeMy WebLinkAboutCOR-20-006 - Amendment to Procedural By-law Regarding Electronic Meeting Participation
REPORT TO: Special Council
DATE OF MEETING: August 10, 2010
SUBMITTED BY: Christine Tarling, Director, Legislated Services / City Clerk
PREPARED BY: Jeff Bunn, Manager, Council & Committee Services / Deputy City Clerk
WARD (S) INVOLVED: All
DATE OF REPORT: July 27, 2020
REPORT NO.: COR-20-006
SUBJECT: Amendment to Procedural By-law Regarding Electronic Meeting Participation
___________________________________________________________________________________________
RECOMMENDATION:
That, until such a time the Comprehensive Procedural By-law Review has been completed
, the Procedural By-law (Municipal Code
Chapter 25) be temporarily amended in accordance with section 238 of the Municipal Act,
2001, (as amended by the COVID-19 Economic Recovery Act, 2020), to permit electronic
meeting participation in open and closed meetings, and to allow members participating
electronically to count towards quorum.
BACKGROUND:
Prior to the COVID-19 Pandemic section 238 of the Municipal Act, 2001 gave municipalities
the authority to amend their Procedural By-law to allow for electronic meeting participation by
members of council. The Municipal Act did not permit those members participating electronically
in meetings to count towards quorum or to participate electronically in a closed meeting.
March 19, 2020 In response to the COVID-19 pandemic, the Ontario Government introduced
and passed Bill 187, the Municipal Emergency Act, 2020, which amended the Municipal Act to
provide that, during any period where an emergency has been declared to exist in all or part of
the municipality under section 4 or 7.0.1 of the Emergency Management and Civil Protection
Act, all members participating electronically may be counted towards quorum, and can
participate electronically in a closed meeting.
March 23, 2020 Council passed a resolution to temporarily permit electronic meeting
participation for Special Council and Closed Meetings during the declared emergency under
section 4 and 7.0.1 of the Emergency Management and Civil Protection Act.
June 22, 2020 Council passed a resolution temporarily extending permission for electronic
meeting participation for all Committees of Council, Quasi-Judicial Committees, and Advisory
Committees during the declared emergency.
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July 21, 2020 The Ontario Government passed Bill 197, the COVID-19 Economic Recovery
Act, 2020, which amended the Municipal Act to allow for electronic participation during closed
meetings and for members participating electronically to count towards quorum. Bill 197 also
amended the Municipal Act to permit proxy voting in accordance with a process to be established
by the Clerk.
REPORT:
As identified in the 2020 Business Plan, Legislated Services is currently conducting a
comprehensive review of the Procedural By-law which is expected to be brought forward for
In addition to housekeeping amendments to better reflect
staff intends to align the Procedural
By-law with recent legislative amendments to the Municipal Act, such as:
Members participating electronically in meetings counting towards quorum;
Members participating electronically in closed sessions, and more broadly in open
sessions; and,
Members appointing another member of Council as a proxy to act in their place when
they are absent.
As well, over the next few months, staff would like to engage members of Council one-on-one
regarding their experience with electronic meeting participation and gain feedback on electronic
meetings and proxy voting. The feedback received will be an important component in any
recommendations arising from the comprehensive review.
In the meantime, though, there is still a need to facilitate electronic meetings and rather than
bring permanent changes in the Procedural By-law in a piecemeal fashion, staff is
recommending the proposed temporary amendment in order to provide a bridge to meet the
immediate need until the full review for permanent changes to the Procedural By-law can be
completed and brought forward .
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the C
through the delivery of core service.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM
Council / Committee meeting.
CONSULT Planned one-on-one engagement with members of Council regarding electronic
meetings and proxy voting.
ACKNOWLEDGED BY: Victoria Raab, General Manager, Corporate Services