WHEREAS pursuant to subsection 238(3.1) of the Municipal Act, 2001 a procedure by-law may provide for electronic participation by a member of council in a meeting which is open to the public, in the manner set out in the by-law provided that any such member shall not be counted in determining whether quorum of members is present at any point in time;
AND WHEREAS pursuant to subsection 238(3.2) of the Municipal Act, 2001, a procedure by-law shall not provide that a member of council can participate electronically in a meeting which is closed to the public;
AND WHEREAS, the World Health Organization has declared a worldwide pandemic respecting the spread of the COVID 19 virus (the “Pandemic”);
AND WHEREAS on March 17, 2020, the Government of Ontario enacted a declaration of emergency for the Province related to the outbreak of the Pandemic;
AND WHEREAS, it is desirable that Mississauga City Council have the ability to continue to meet on the basis of electronic participation of members affected by quarantine or self-isolation (including participation in voting at the meeting) upon a Resolution of Council to establish an Emergency Period that Pandemic related quarantine or self-isolation makes this necessary for the continuing discharge of the responsibilities of the Council;
NOW THEREFORE BE IT RESOLVED, that an amendment to the Council Procedure By-law 0139-2013 for the purpose of enabling full electronic participation (including voting participation) by Members of Council in meetings provided that those who participate electronically do not count towards quorum in the circumstances recited herein be enacted by means of a combination of this resolution and the confirming by-law for today’s meeting of Council;
AND FURTHER, that any notice requirement under Council Procedure By-law 139-13 Section 90(2) be considered to be waived or amended in the like manner as required for the purposes of this resolution on the basis that Pandemic related quarantine or self-isolation constitute and are considered to be an emergency for these purposes;
AND FURTHER, that the government of Ontario be requested to make an immediate legislative amendment, in this situation, to subsection 238(3.1) of the Municipal Act, 2001 to remove the provision that members participating electronically not be counted in determining whether or not a quorum of members is present.