HomeMy WebLinkAboutBy-law No. 2020-025THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2020-025
BEING A BY-LAW TO AMEND BY-LAW NO. 2018-005
THE PROCEDURAL BY-LAW
WHEREAS the Municipal Act, 2001, S.O. 2001, c. M. 46, as amended ("Act"), and in particular
Section 238 thereof, requires a municipal corporation to enact a procedure by-law governing,
among other things, the calling, place, and proceedings of meetings of its Council;
AND WHEREAS Council for the Corporation of the Municipality of Bayham previously enacted
By-law No. 2018-005, referred to as the Procedural By-law, to satisfy the said requirement of
the Act;
AND WHEREAS the Act has been amended to permit a procedural by-law of a municipal
corporation to provide for specific changes to rules and regulations relating to electronic
participation of Members of Council in a Meeting of Council during any period where an
emergency has been declared to exist in all or any part of the municipality pursuant to sections
4 or 7.0.1 of the Emergency Management and Civil Protection Act.
NOW THEREFORE, the Corporation of the Municipality of Bayham, by its Council, hereby
enacts as follows:
By-law No. 2018-005, and in particular Section 6 thereof, shall be amended by adding
Section 6.15 as follows:
Section 6.15 - Electronic Participation - Declared State of Emergency
6.15.1 Notwithstanding that set forth in Section 6, during any period in which an
emergency has been declared to exist in all or part of the territorial limits of the
Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency
Management and Civil Protection Act, the following rules and regulations for
electronic participation in a Council Meeting shall apply:
a) A Member who is unable to attend a Council Meeting in person may
participate in that Meeting by electronic or other communication facilities
if the facilities enable all participating Members, whether attending in
person or through electronic participation, to hear and be heard by all
other Members.
b) Except for all or any part of the Council Meeting that is closed to the
public, the electronic or other facilities are capable of and enable the
public to hear, or watch and hear, all Members participating in the
Meeting.
c) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice
of that intention at least 24 hours prior to the commencement of such
Meeting, provided that, if Notice of such Meeting is provided less than 24
hours prior to its scheduled commencement, then the Member shall give
to the Clerk as much notice as possible prior to commencement of such
Meeting. In all such circumstances, the Clerk will, as soon as reasonably
possible, provide the Member intending to attend by electronic
participation with instructions on how to connect to and participate in that
Meeting by electronic or other communication facilities.
d) There shall be no limit upon the number of Members who may attend a
Meeting of Council by electronic or other communication facilities.
e) The Mayor (or designate), as Chair, shall lead the Meeting and be
present from a designated meeting location supported by the CAO (or
designate), where possible.
f) Each Member attending the Meeting by electronic or other
communication facilities shall notify the Chair and other Members when
he or she joins the Meeting and, if and when applicable, upon leaving
the Meeting.
g) Any Member attending and present during a Meeting by electronic or
other communication facilities shall be counted for purposes of quorum
at the commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or
other communication facilities may participate in all aspects of the
Meeting as if present in person, including but not limited to debate,
questioning, presentation of motion, and/or voting.
i) During the course of a Meeting within which any Member is participating
by electronic or other communication facilities, the Chair (or designate)
shall announce each agenda item on the floor of the Meeting and shall
thereafter maintain an orderly meeting process, including keeping
Members fully informed.
j) Any Member attending and present during a Meeting by electronic or
other communication facilities may vote on any matter being considered
in such Meeting and that vote shall be counted and, as set forth below,
duly recorded.
k) During the course of each vote conducted within such Meeting:
i. All votes shall be a recorded vote conducted by the Clerk, as
directed by the Chair, unless Council decides otherwise.
ii. The Clerk shall call the name of each Member to vote and shall
thereafter record such indicated vote of that Member as "yes" or
"no'.
iii. If the Member, whether present in person or electronically and
after two attempts, fails to respond to the call of his or her name,
then the vote is recorded as "no", unless directed otherwise by the
Chair.
iv. The Clerk shall announce the results of the vote to the Chair and
Council, including announcement of the specific vote of each
Member as either "yes" or "no".
1) During the course of the Meeting:
i. Each Member shall remain silent and attentive to the proceeding
when not assigned to the floor by the Chair.
ii. Each Member shall listen for their name to be assigned to the floor
to speak or to vote.
iii. All Members shall take and abide by the directions of the Chair in
order to facilitate an effective, efficient, and orderly Meeting.
m. The above rules and practices shall apply to all sessions of the Meeting,
whether open or closed to the public.
2. This By -Law is enacted at a special meeting held in accordance with section 238(3.4) of
the Municipal Act, 2001, as amended, and shall come into effect as of the date and time
of its passing.
READ A FIRST, SECOND, AND THIRD TIME and finally passed this 2"d day of April, 2020
MAYOR