A by-law to amend the Region of Peel Procedure By-law 56-2019 to allow for electronic participation at Council meetings during a declared emergency.
Whereas the Municipal Act, 2001, S.O. 2001, c. 25, section 238 provides that a municipality shall establish a procedure by-law to govern meetings;
And whereas, the Council of The Corporation of the Regional Municipality of Peel has enacted Procedure By-law 56-2019;
And whereas, on March 19, 2020 the Province of Ontario enacted the Municipal Emergency Act, 2020 to amend the Municipal Act, 2001, to enact section 238 (3.3) And 238 (3.4) to permit meetings to be held electronically during an emergency declared pursuant to the Emergency Management And Civil Protection Act, R.S.O. 1990, Chapter E. 9;
And whereas, the World Health Organization has declared a worldwide pAndemic regarding the Novel Coronavirus 19 (COVID-19);
And whereas, on March 17, 2020 a Declaration of Emergency was made by the Province of Ontario pursuant to section 7.0.1 of the Emergency Management And Civil Protection Act related to COVID-19;
And whereas, the Lieutenant Governor has issued Order-in-Council 520/2020, pursuant to the Emergency Management And Civil Protection Act, prohibiting all organized public events of over fifty people due to COVID-19;
And whereas, The Council of the Regional Municipality of Peel considers the protection of the health And safety of the public to be a paramount concern, And has suspended the operations of all Regional facilities And services, other than those deemed essential for the welfare of the residents of the Region of Peel during the COVID-19 emergency;
And whereas, The Regional Municipality of Peel considers it desirable to be able to hold Council meetings electronically during the COVID-19 emergency;
Now therefore, the Council of the Regional Corporation enacts as follows:
4.6 Electronic Meetings during a Declared Emergency
In this Section the following shall apply, in addition to the definitions in section 1 of this By-law:
"Emergency" means any period of time during which an emergency has been declared to exist in all or part of a municipality by the Head of Council or the Province under sections 4 or 7.0.1 of the EmergencyManagement Act;
"Electronic Meeting" means a meeting called and held in full or in part via electronic means (including, but not limited to, audio teleconference, video teleconference, or via means of the internet), and with or without in person attendance;
"Emergency Management Act" means the Emergency Management andCivil Protection Act, R.S.O. 1990, Chapter E. 9, as amended;
A regular meeting or special meeting of Council may be conducted by Electronic Meeting during an Emergency, in accordance with this Section and any Emergency Electronic Meeting Protocol as may be approved by Council.
Quorum and Voting for Electronic Meeting
Members attending electronically during an Electronic Meeting shall be counted for purposes of quorum at the commencement and at any point in time during the meeting, and shall not require representation from all lower-tier municipalities. Members attending either in person or electronically are entitled to vote.
An Electronic Meeting may include a Closed Session, which shall be conducted in the absence of the public and in accordance with Section 5.9.
Public Notice of Electronic Meeting
A public notice of an Electronic Meeting shall include sufficient information as to provide the public with a means to electronically access the open session of such Electronic Meeting.
Delegations in writing
An Electronic Meeting shall not permit public delegations, except by way of electronic submission received in advance of the meeting, which shall be submitted to the Regional Clerk at email@example.com prior to the start of the Electronic Meeting, and shall be provided to members with the distributed meeting agenda or at the meeting.
Read three times And passed in open Council this 26th day of March, 2020.