BY-LAW NUMBER 105-2020

A BY-LAW TO FURTHER 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 27th day of July, 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, and

Whereas Bill 197, currently before the Provincial legislature for consideration proposes further amendments to the Municipal Act which will allow for electronic participation at Council meetings without the requirement of a declared emergency.

Therefore be it resolved that the City of Windsor Procedural By-law 98-2011, as amended, be further amended as follows, such amendments to come into effect upon the passing and proclamation of Bill 197:

  1. Section 3.8 Electronic Participation Clause (a) be amended as follows:
    1. Electronic Participation rules shall be extended for a period of one year following the later of the termination of the Provincial emergency or the termination of the municipal emergency.
  2. Section 3.8 Electronic Participation Clause (l) be deleted and the following be inserted in its place:
    1. Delegates shall be permitted to participate electronically.
  3. Section 3.8 Electronic Participation Clause (p) be added as follows:
    • City Council review the rules for electronic meetings before the expiry of the recommended extensions.