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4. That, commencing September 1, 2020, or upon the date that the City of Windsor moves to Stage 3 of the Provincial Re-opening Plan, whichever is later, public delegations BE ALLOWED to participate in City Council meetings in person, electronically, or by written submission.
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5. That all amendments that are necessary to effect clauses (a), (b) and (c) above BE MADE to the City of Windsor’s Procedure By-law #98-2011 as amended.
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6. That the necessary amending by-law, attached as Appendix “B”, BE ENACTED.
Executive Summary:
Background:
Section 238(2) of the Municipal Act, 2001 provides that every municipality shall pass a procedure by-law for governing the calling, place and proceedings of meetings.
Windsor City Council, at its meeting held June 7, 2011 enacted By-law Number 98-2011 being a by-law to provide rules governing the proceedings of Windsor City Council meetings and its committees and the conduct of its members.
On November 16, 2016, Bill 68 – Modernizing Ontario’s Municipal Legislation Act, 2017 was introduced in response to the Province’s review of the Municipal Act, 2001 and the Municipal Conflict of Interest Act, 1990. On May 30, 2017, Bill 68 received Royal Assent. One of the changes that Bill 68 introduced was a provision allowing for electronic participation of members in a meeting open to the public, as long as any such members are not counted for quorum purposes.
In light of the COVID-19 pandemic, the Province of Ontario on Thursday, March 19, 2020 passed Bill 187 which provided for members of Council to participate electronically in open and closed sessions and to be counted towards quorum when an emergency has been declared.
Windsor City Council then approved amendments to the City of Windsor Procedure By-law 98-2011 to allow for electronic participation of Council members in Council meetings and to set the procedures for such meetings. These amendments were as follows:
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The amendments would only apply in circumstances during which the City of Windsor remains under declaration of an emergency under s 4(1) of the Emergency Management and Civil Protection Act;
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The Chair of the Meeting (for Council meetings: The Mayor, or Acting Mayor under By-law 176-2018) must moderate the meeting;
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A definition of “electronic participation” will be added under Part I – Interpretation/Definition:
“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