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Special Council Meeting Agenda
March 23, 2020
Main Committee Room
2:00 pm
An In Camera meeting of Council has been scheduled in accordance with the provisions of
Section 239 (2) of the Municipal Act and Procedural By-law 7665/18, in that the matters to be
discussed relate to:
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b) personal matters about an identifiable individual, including municipal or local board
employees;
c) a proposed or pending acquisition or disposition of land by the municipality or local
board;
f) advice that is subject to solicitor-client privilege, including communications necessary for
that purpose; and,
k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried
on or to be carried on by or on behalf of the municipality or local board.
Disclosure of Interest
In Camera Matters
2.1
2.2
2.3
Verbal Update from the CAO and City Solicitor
Re: Update on Land Purchase with 10 within the Innovation Corridor
Verbal Update from the City Solicitor and Deputy Mayor
Re: City Centre Project Agreements
Verbal Update from the Director, Human Resources and Deputy Mayor
Re: Personal Matter
3. By-laws
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3.1 By-law 7749/20
Being a By-law to amend By-law 7665/18, which governs the proceedings of
Council, any of its committees, the conduct of its Members, and the calling of
meetings
Confirmation By-law
Adjournment
For information related to accessibility requirements please contact:
Committee Coordinator
905.420.4611
clerks@pickering.ca
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To:
From
Copy
Mayor Ryan
Members of Council
Susan Cassel
City Clerk
CAO
Memo
March 20, 2020
Subject: Amendments to Procedure By-law 7665/18 to Provide for Electronic Participation
During a Declared Emergency
File: A-1440
Further to recent amendments to the Municipal Act, through the enactment of Bill 187, the
Municipal Emergency Act, 2020, municipal councils may now include provisions within their
Procedure By-laws to allow electronic participation during an emergency declared under the
Emergency Management and Civil Protection Act. The effect of this legislation is to provide
municipalities with the tools they need to ensure local decision making by municipal councils is not
affected by existing quorum requirements during emergencies, such as the one we are currently
facing with the COVID-19 Pandemic.
The amendments allow Members of Council who participate in open and closed meetings
electronically, to be counted for the purposes of quorum, during emergencies declared by the
Province or local Head of Council. These provisions are optional, and municipalities have the
flexibility to determine if they wish to incorporate and implement them in their individual procedure
by-laws.
Should Council adopt amendments to the Procedure By-law to allow electronic participation, it is
important to note that the provisions are only in effect during an emergency that has been
declared by the Premier, Cabinet or the municipal Head of Council under Section 4 or 7.0.1 of the
Emergency Management and Civil Protection Act. Once the emergency has ended, regular
meeting rules apply.
There are no specific requirements for what type of technology must be used for electronic
participation and this will likely evolve over time as we look into what options may be available.
For the time being, and for immediate use during the COVID-19 Pandemic, the use of phones
may be the most efficient means to accomplish this. Staff will continue to explore other potential
solutions so that we can provide the best platform to ensure efficient and effective meetings when
these provisions are being used.
It is important to note that despite the new electronic participation rules that apply during a
declared emergency, the provisions in the Municipal Act pertaining to open meetings also still
apply during that time. Open meetings ensure that most municipal business is conducted
transparently, and with access for and in view of the public. Given the unprecedented times we
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are facing and the order of the Premier to limit social gatherings, City Hall has been closed to the
public and we are providing opportunity for the public to engage and remain connected to Council
decision making through the ability to view video recordings of ineetings. That being said, video is
only recorded for meetings that are held in the Council Chambers and electronic participation in
the Council Chambers is limited with the current technology. To that end, Council should be
cognizant of the business being conducted during an emergency and is it recommended that only
critical business matters are considered and decided and that `usual' items of business that would
normally include participation from the public should be held off until such time that normal
meetings can resume.
The legislated requirements relating to providing notice of ineetings to the public, maintaining
meeting minutes, and subject to certain exceptions, that meetings continue to be open to the
public, all remain in effect during a declared emergency. This provides further justification for
limiting the number of ineetings and the business matters being discussed during a time when the
public cannot actively participate.
Attached is a draft by-law for Council's consideration to give effect to electronic participation
during a declared emergency. As noted above, these provisions are optional and their determined
use is at the will of Council. Given the uncertainty and unprecedented times we have experienced
with COVID-19, adopting these provisions into the Procedure By-law is recommended to provide
the flexibility for Council to meet in this manner as needed.
Attachment Draft By-law to Amend Procedure By-law 7665/18
March 20, 2020 Page 2 of 2
Amendments to Procedure By-law 7665/18 to Provide for Electronic Participation During a
Declared Emergency
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The Corporation of the City of Pickering
By-law No. 7749/20
Being a By-law to amend By-law 7665/18, which
governs the proceedings of Council, any of its
committees, the conduct of its Members, and the calling
of ineetings
Whereas on Tuesday, March 17, 2020, the Premier of Ontario declared a Provincial
Emergency in accordance with the Provisions of the Emergency Management and Civil
Protection Act, R.S.O. 1990, c. E.9;
And Whereas subsequent to the declaration, the Legislature of the Province of Ontario
introduced Bill 187, an Act to amend the Municipal Act, 2001, S.O. 2001, c. 25, being
the Municipal Emergency Act, 2020 which received Royal Assent on March 19, 2020
And Whereas the Municipal Emergency Act, 2020 provides for municipal councils to
participate electronically 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;
And Whereas in order to be able to implement these provisions, the Council must
amend Procedure By-law 7665/18;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
That the following be added as a new section 09 and the remaining sections of the By-
law renumbered accordingly:
09 Electronic Participation during a Declared Emergency
09.01 Notwithstanding the provisions of this Procedure By-law and Sections 238
(3.1) and (3.2) of the Municipal Act, 2001, S.O. 2001, c. 25, 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, R.S.O. 1990, c. E.9, a Member of Council may
participate electronically in a Meeting that is either open or closed to the
public and in doing so may be counted in determining whether or not a
quorum of inembers is present at any point in time.
09.02 Electronic meetings are those held by means of telecommunications
instruments including but not limited to telephones, video conferencing,
computers with internet access and conferencing programming.
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By-law No. 7749/20 Page 2
09.03 Members must provide sufficient notice to the Clerk of their intent to
participate electronically in a Meeting to ensure the proper technology is
enabled to make electronic participation available.
09.04 In the event that members of the public are not permitted to attend a
Meeting due to the emergency and electronic participation of the public
cannot be facilitated, the public will be requested to provide their
comments in writing to the Clerk prior to the meeting.
09.05 Subject to section 09.01 and 09.02, all other provisions of this by-law
continue to apply and the Chair shall determine and maintain order as
needed.
By-law passed this 23rd day of March, 2020.
Kevin Ashe, Deputy Mayor
Susan Cassel, City Clerk
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