200320 Special Council Meeting AgendaThe Corporation of the Town of Tillsonburg
COUNCIL MEETING
AGENDA
Friday, March 20, 2020
3:00 PM
Electronic Meeting
1.Call to Order
2.Closed Session
3.Adoption of Agenda
Proposed Resolution #1
Moved By: ________________
Seconded By: ________________
THAT the Agenda as prepared for the Special Council meeting of Friday, March 20, 2020,
be adopted.
4.Moment of Silence
5.Disclosures of Pecuniary Interest and the General Nature Thereof
6.Adoption of Council Minutes of Previous Meeting
7.Presentations
8.Public Meetings
9.Planning Applications
10.Delegations
11.Deputation(s) on Committee Reports
12.Information Items
13.Staff Reports
13.1 Chief Administrative Officer
13.2 Clerk's Office
13.2.1 CLK 20-14 Electronic Participation during Emergencies
Proposed Resolution #2
Moved By: ________________
Seconded By: ________________
THAT Council amends Procedural By-Law 4173 to include the following:
5.3 (2) Electronic Participation by Council/Committee members during
meetings is permitted 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. This includes both
open meetings and closed meetings and members participating
electronically will count towards quorum.
13.3 Development and Communication Services
13.4 Finance
13.5 Fire and Emergency Services
13.6 Operations
13.7 Recreation, Culture & Park Services
14.New Business
15.Consideration of Committee Minutes
15.1 Committee Minutes
16.Motions/Notice of Motions
17.Resolutions/Resolutions Resulting from Closed Session
18.By-Laws
18.1 By-Law 2020-030, To amend Procedural By-Law 4173
Proposed Resolution #3
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Moved By: ________________
Seconded By: ________________
THAT By-Law 2020-030, To amend Procedural By-Law 4173, be read for a first,
second, third and final reading and that the Mayor and the Clerk be and are hereby
authorized to sign the same, and place the corporate seal thereunto.
19.Confirm Proceedings By-law
Proposed Resolution #4
Moved By: ________________
Seconded By: ________________
THAT By-Law 2020-031, to Confirm the Proceedings of the Council Meeting held on March
20, 2020, be read for a first, second, third and final reading and that the Mayor and the Clerk
be and are hereby authorized to sign the same, and place the corporate seal thereunto.
20.Items of Public Interest
21.Adjournment
Proposed Resolution #5
Moved By: ________________
Seconded By: ________________
THAT the Special Council Meeting of Friday, March 20, 2020 be adjourned at ______ p.m.
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Subject: Electronic Participation during Emergencies
Report Number: CLK 20-14
Author: Michelle Smibert
Meeting Type: Special Council Meeting
Meeting Date: Friday, March 20, 2020
RECOMMENDATION
THAT Council amends Procedural By -Law 4173 to include the following:
5.3 (2) Electronic Participation by Council/Committee members during
meetings is permitted 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. This includes both open meetings and closed
meetings and members participating electronically will count
towards quorum.
BACKGROUND
With the COVID-19 Pandemic, Medical Officers of Health have asked that social
distancing be practiced and they are encouraging events to be cancelled when there
are large groups congregating/attending.
While staff understands the intent of the Health Authority, the Municipal Act currently
does not allow Council members to participate by electronic means and be counted as
quorum. As a municipality, there is certain direction required by Council or approvals
required during this pandemic period.
DISCUSSION
Mayors across the Province along with AMO have asked the Province to consider
changing the legislation to allow Council members to participate in electronic meetings.
On March 19, 2020, the Province gave Royal Assent to Bill 187, An Act to amend the
Municipal Act, 2001 and the City of Toronto Act, 2006. A copy of the legislation is
attached.
An amendment to the Procedural By-law is needed to allow Tillsonburg to conduct
electronic Council meetings during this period of the Provincial Emergency. Normally,
notice is required to be given of any changes to the Procedural By-Law but the Province
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CLK 20-14
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is allowing Council to hold a Special Council meeting (to be conducted electronically) to
make this change to our Procedural By-Law.
Staff is working on some best practices for electronic meetings which will be forwarded
to Council.
FINANCIAL IMPACT/FUNDING SOURCE
There are no additional costs as the Town has the IT infrastructure in place to conduct
electronic meetings.
COMMUNITY STRATEGIC PLAN (CSP) LINKAGE
N/A
ATTACHMENTS
Appendix A – Bill 187
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1ST SESSION, 42ND LEGISLATURE, ONTARIO
69 ELIZABETH II, 2020
Bill 187
(Chapter 4 of the Statutes of Ontario, 2020)
An Act to amend the Municipal Act, 2001 and the City of Toronto Act, 2006
The Hon. S. Clark
Minister of Municipal Affairs and Housing
1st Reading March 19, 2020
2nd Reading March 19, 2020
3rd Reading March 19, 2020
Royal Assent March 19, 2020
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EXPLANATORY NOTE
This Explanatory Note was written as a reader’s aid to Bill 187 and does not form part of the law. Bill 187 has been enacted as
Chapter 4 of the Statutes of Ontario, 2020.
The Municipal Act, 2001 and the City of Toronto Act, 2006 are amended to provide that, during emergencies, should
they choose to, members of councils, local boards and committees who participate electronically in open and closed
meetings may be counted for purposes of quorum.
The Municipal Act, 2001 is also amended to allow the Lieutenant Governor in Council to make regulations imposing
limits and conditions on the powers of a municipality under section 129 of the Act.
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Bill 187 2020
An Act to amend the Municipal Act, 2001 and the City of Toronto Act, 2006
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Municipal Act, 2001
1 Section 238 of the Municipal Act, 2001 is amended by adding the following subsections:
Electronic participation, emergencies
(3.3) The applicable procedure by-law may 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,
(a) despite subsection (3.1), a member of a council, of a local board or of a committee of either of them who is participating
electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point
in time; and
(b) despite subsection (3.2), a member of a council, of a local board or of a committee of either of them can participate
electronically in a meeting that is closed to the public.
Same, procedure by-law
(3.4) A municipality or local board may hold a special meeting to amend an applicable procedure by-law for the purposes of
subsection (3.3) during any period where an emergency has been declared to exist in all or part of the municipality under sec tion
4 or 7.0.1 of the Emergency Management and Civil Protection Act and despite subsection (3.1), a member participating
electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any
time during the meeting.
2 Subsection 451.1 (1) of the Act is amended by striking out “sections 9, 10 and 11” and substituting “sections 9, 10, 11
and 129”.
City of Toronto Act, 2006
3 Section 189 of the City of Toronto Act, 2006 is amended by adding the following subsections:
Electronic participation, emergencies
(4.2) The applicable procedure by-law may provide that, during any period where an emergency has been declared to exist in
all or part of the City under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act,
(a) despite subsection (4), a member of city council, of a local board of the City or of a committee of either of them who is
participating electronically in a meeting may be counted in determining whether or not a quorum of members is present
at any point in time; and
(b) despite subsection (4.1), a member of city council, of a local board of the City or of a committee of either of them can
participate electronically in a meeting that is closed to the public.
Same, procedure by-law
(4.3) The city council or a local board of the City may hold a special meeting to amend an applicable procedure by-law for the
purposes of subsection (4.2) during any period where an emergency has been declared to exist in all or part of the City under
section 4 or 7.0.1 of the Emergency Management and Civil Protection Act and despite subsection (4), a member participating
electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any
time during the meeting.
Role of head of council
(4.4) Despite anything in this or any other Act, only the head of council may call a special meeting of city council for the
purposes of subsection (4.3).
Commencement
4 This Act comes into force on the day it receives Royal Assent.
Short title
5 The short title of this Act is the Municipal Emergency Act, 2020.
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-030
A BY-LAW to amend Town of Tillsonburg Procedural By-Law 4173.
WHEREAS it is deemed necessary and expedient to amend Procedural By-Law 4173.
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. THAT Procedural By-Law 4173, Section 5.3 “Electronic Participation” be
amended to include the following:
5.3 (2) Electronic Participation by Council/Committee members during meetings
is permitted 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. This includes both open meetings and
closed meetings and members participating electronically will count towards
quorum.
2. THAT these amendments to Procedural By-Law 4173 are hereby declared to be
part of that By-Law as if written therein.
3. THAT this By-Law shall come into full force and effect upon passing.
READ A FIRST AND SECOND TIME THIS 20th day of MARCH, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 20th day of MARCH, 2020.
___________________________
MAYOR – Stephen Molnar
______________________________
TOWN CLERK – Michelle Smibert
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THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-031
BEING A BY-LAW to confirm the proceedings of Council at its meeting held on
the 20th day of March, 2020.
WHEREAS Section 5 (1) of the Municipal Act, 2001, as amended, provides that the
powers of a municipal corporation shall be exercised by its council;
AND WHEREAS Section 5 (3) of the Municipal Act, 2001, as amended, provides that
municipal powers shall be exercised by by-law;
AND WHEREAS it is deemed expedient that the proceedings of the Council of the
Town of Tillsonburg at this meeting be confirmed and adopted by by-law;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. All actions of the Council of The Corporation of the Town of Tillsonburg at its
meetings held on March 20, 2020, with respect to every report, motion, by-law, or
other action passed and taken by the Council, including the exercise of natural
person powers, are hereby adopted, ratified and confirmed as if all such
proceedings were expressly embodied in this or a separate by-law.
2. The Mayor and Clerk are authorized and directed to do all the things necessary to
give effect to the action of the Council of The Corporation of the Town of Tillsonburg
referred to in the preceding section.
3. The Mayor and the Clerk are authorized and directed to execute all documents
necessary in that behalf and to affix thereto the seal of The Corporation of the Town
of Tillsonburg.
4. This by-law shall come into full force and effect on the day of passing.
READ A FIRST AND SECOND TIME THIS 20th DAY OF MARCH, 2020.
READ A THIRD AND FINAL TIME AND PASSED THIS 20th DAY OF MARCH, 2020.
________________________________
MAYOR – Stephen Molnar
_______________________________
TOWN CLERK – Michelle Smibert
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