Item 13.1

BY-LAW NUMBER 38-2020

A BY-LAW TO AMEND BY-LAW 98-2011 AS AMENDED, BEING A BY-LAW TO PROVIDE RULES GOVERNING THE PROCEEDINGS OF WINDSOR CITY COUNCIL MEETINGS AND ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS.

Passed the 24TH day of March, 2020.

Whereas Section 238(3.1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Act"), allows for a municipality's procedural by-law to permit a member of council, or a committee, to participate electronically in a meeting which is open to the public to the extent and in the manner set out in the by-law; and,

Whereas Section 238(3.3) of the Act allows for a municipality's procedural by-law to permit members participating electronically to be counted in determining quorum and to participate in meetings that are closed to the public during an emergency declared under section 4 or 7.0.1 of the Emergency and Civil Protection Act; 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 on March 20, 2020 Mayor Dilkens, as part of the City of Windsor's ongoing response to COVID-19, officially declared a State of Emergency under s 4(1) of the Emergency Management and Civil Protection Act,

Therefore be it resolved that the City of Windsor Procedural By-law 98-2011, as amended, be further amended as follows:

1. Part 1 – Interpretation/Definition, be amended to add the following new definition:

"Electronic Participation" means a council member who participates in a council or committee meeting from a remote location by such electronic means or services as determined and provided by the Clerk has the same rights and responsibilities as if he or she were in physical attendance, including that they shall count towards a quorum of members and shall be permitted to participate in any portion of a meeting which is closed to the public.

2. Section 3.8 Electronic Participation be added as follows:

3.8 Electronic Participation

a) Electronic Participation shall be available only in circumstances during a period where an emergency has been declared to exist in all or part of the City of Windsor under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, R.S.O 1990, c. E.9.

b) Any Member who is not physically present in the location where a Meeting takes place is permitted to participate electronically in both Open and InCamera session and shall have the same rights to speak and vote as if the Member were physically present.