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Home My WebLink AboutSpecial_Meeting_Board_of_Directors_2020-04-24Toronto and Region Conservation Authority The Special Meeting of the Board of Directors was held via videoconference, on Friday, April 24, 2020, pursuant to March 26, 2020 Minister of Environment, Conservation and Parks Direction for Conservation Authorities during the COVID-19 Outbreak, with a purpose of amending TRCA's Board of Directors Administrative By -Law to allow for electronic meeting conduct. The Chair Jennifer Innis, called the meeting to order at 9:34 a.m. PRESENT Jennifer Innis Chair Jack Heath Vice -Chair Kevin Ashe Member David Barrow Member Shelley Carroll Member Ronald Chopowick Member Joanne Dies Member Jennifer Drake Member Chris Fonseca Member Xiao Han Member Gordon Highet Member Linda Jackson Member Maria Kelleher Member Mike Layton Member Basudeb Mukherjee Member James Pasternak Member Steve Pellegrini Member Gino Rosati Member Rowena Santos Member Don Sinclair Member Estair Van Wagner Member ABSENT Paul Ainslie Member Dipika Damerla Member Paula Fletcher Member Cynthia Lai Member Michael Palleschi Member Anthony Perruzza Member Connie Tang Member The Chair recited the Acknowledgement of Indigenous Territory. Section I — Items for Board of Directors Action RES.#A20/20 - AMENDMENTS TO THE BOARD OF DIRECTORS ADMINISTRATIVE BY-LAW Approval of the proposed amendments to the Board of Directors Administrative By-law. Moved by: Linda Jackson Seconded by: Chris Fonseca WHEREAS in response to the novel coronavirus (COVID-19) outbreak, the Government of Ontario has declared an emergency under section 7.0.1 (1) of the Emergency Management and Civil Protection Act on March 17, 2020; WHEREAS the Province and local municipalities have issued directions on social gathering limits in an effort to limit the spread of the disease; WHEREAS section C.12 of the Board of Directors Administrative By-law does not permit electronic participation in the meetings of the Board of Directors, Executive Committee or advisory boards; AND WHEREAS on March 26, 2020, pursuant to subsection 19.1(7) of the Conservation Authorities Act, the Minister of Environment, Conservation and Parks has issued a Direction to conservation authorities enabling them to hold a special meeting to amend their by-law with a purpose of permitting virtual meetings during any period where an emergency has been declared to exist in all or part of conservation authority jurisdiction under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act; THEREFORE, LET IT BE RESOLVED THAT the proposed amendments to sections C.3, and C.12 of the Board of Directors Administrative By-law be approved; AND FURTHER THAT the approved amended Board of Directors Administrative By-law be forwarded to the Minister of Environment, Conservation and Parks, the Minister of Natural Resources and Forestry, and Conservation Ontario, and be posted on TRCA's website. RECORDED VOTE Paul Ainslie Absent Kevin Ashe Yes David Barrow No Vote Shelley Carroll Yes Ronald Chopowick Yes Dipika Damerla Absent Joanne Dies Yes Jennifer Drake Yes Chris Fonseca Yes Paula Fletcher Absent Xiao Han Yes Jack Heath Yes Gordon Highet Yes Linda Jackson Yes Maria Kelleher Yes Cynthia Lai Absent Mike Layton Yes Basudeb Mukherjee Yes Michael Palleschi Absent James Pasternak Yes Steve Pellegrini Yes Anthony Perruzza Absent Gino Rosati Yes Rowena Santos Yes Don Sinclair Yes Connie Tang Absent Estair Van Wagner (via chat feature) Yes Jennifer Innis Yes THE MOTION WAS CARRIED BACKGROUND AND RATIONALE Toronto and Region Conservation Authority's (TRCA) Board of Directors Administrative By-law (henceforth "the By-law") was approved on September 28, 2018 and further amended on October 25, 2019, as a requirement under section 19.1(1) of the Conservation Authorities Act (henceforth "the Act"), as amended. The By-law as amended, similarly to by-laws of other conservation authorities, does not permit conduct of electronic meetings. As the outbreak of novel coronavirus (COVID-19) continues locally and globally and the Province and local municipalities have issued instructions on cancellations of any gatherings in excess of 5 people, on March 26, 2020 the Minister of Environment, Conservation and Parks has issued the Minister's Direction (henceforth "Direction") pursuant to subsection 19.1(7) of the Act to ensure conservation authorities can continue to conduct meetings and hearings as necessary (see Attachment 1). The primary purpose of the Direction is to enable conservation authorities to amend their administrative by-laws to make provisions for emergency situations, such as allowance of virtual meetings. This Direction also applies to conservation authorities when meeting as a source protection authority under the Clean Water Act, 2006. Following the Minister's Direction and to enable the TRCA Board of Directors, Executive Committee and advisory boards to conduct meetings electronically, it is proposed that the By- law is amended as follows, with amendments provided in blue. For clarity, these are Sections C.3 (2) and C.3 (3) and Section C.12 (3), C.12 (4) and C.12 (5) below: Section C.3 Meetings Open to Public (1) All meetings of the Board of Directors and Executive Committee shall be open to the public. (2) During any period where an emergency has been declared to exist in all or part of TRCA's jurisdiction, under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act Toronto and Region Conservation Authority shall implement best practices to make meetings of the Board of Directors, Executive Committee and advisory boards or committees open to the public in accordance with subsection 15(3) of the Conservation Authorities Act. Where possible, TRCA shall provide for alternative means to allow the public to participate in any meetings electronically. (3) Subject to subsection (2), in times of technological failure (e.g., Internet outage, system crash), failure to open a meeting to the public through means of electronic meeting participation does not call the meeting into question. (4) A meeting or a part of a meeting may be closed to the public if the subject matter meets the criteria for a closed meeting as defined in Section CA of this By-law. (5) All meetings of the Board of Directors and Executive Committee will be webcast and be made publicly available for both live streaming and later viewing or be made similarly available using the best available technological systems, except in times of technological failure. Section C.12 Electronic Participation (1) A Board Member shall not participate electronically in any Board of Directors, Executive Committee or advisory board meeting. (2) Staff is never permitted to participate in a meeting electronically. Should the public wish to address the Board of Directors they may not participate by electronic means, except by special permission of the Chair to meet AODA requirements. (3) During any period where an emergency has been declared to exist in all or part of TRCA's jurisdiction under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act that may prevent Board Members from meeting in person despite subsection (1), any Board Member may participate in meetings electronically and shall have the ability to: (a) register a vote; (b) be counted towards determining quorum; and (c) participate in a meeting that is closed to the public; (4) During any period where an emergency has been declared to exist in all or part of the TRCA jurisdiction under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act and any Board of Directors, Executive Committee or advisory board or committee meeting is to be conducted electronically, despite subsection (2) TRCA staff, external stakeholders and members of public may participate in the meeting electronically. (5) During any period where an emergency has been declared to exist, in all or part of an area over which the Authority has jurisdiction, under Section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, that may prevent the Board Members from meeting in person, any hearing or appeal dealt with in this By-law may be conducted electronically with provisions for applicants and their agents to participate if the Executive Committee decides to hold any such hearing or appeal. (6) All meetings of the Board of Directors and Executive Committee, and other meetings as directed by the Chair, will be webcast except in times of technological failure (e.g., Internet outage, system crash). Meeting recordings shall be made publicly available for later viewing. Failure to webcast or produce a recording does not call the meeting into question. Relationship to Building the Living City, the TRCA 2013-2022 Strategic Plan This report supports the following strategy set forth in the TRCA 2013-2022 Strategic Plan: Strategy 7 — Build partnerships and new business models DETAILS OF WORK TO BE DONE Upon the approval of the amended By-law, it will be posted on the TRCA website. Report prepared by: Alisa Mahrova, extension 5381 Emails: alisa.mahrova(a)trca.ca For Information contact: Michael Tolensky, extension 5965 Emails: michael.tolensky(&trca.ca Date: April 3, 2020 Attachments: 1 Attachment 1: March 26, 2020 Minister's Direction for Conservation Authorities during the COVID-19 Outbreak Attachment 1: Minister's Direction for Conservation Authorities during the COVID-19 Outbreak Ministry of the Environment, Conservatlon and Parks Office of the Minister 777 Bay Street, 5th Floor Toronto ON M7A 2,13 Tel.: 416-314-6790 Ministere de I'Environnement, de la Protection de la nature et des Pares Bureau du ministre 777, rue Bay, 5e Stage Toronto (Ontario) M7A 2,13 T6I.: 416.314.6790 March 26, 2020 TO: Conservation Authorities as listed in the attached Schedule "A" Ontario SUBJECT: Minister's Direction for Conservation Authorities during the COVID-19 Outbreak As the COVID-19 outbreak continues to evolve locally and globally, I am writing to provide direction on how conservation authorities can continue operations while maintaining a safe physical distance. To ensure conservation authorities can continue to conduct meetings and hearings as necessary, we are giving conservation authorities the ability to amend their administrative by-laws to allow for virtual meetings, including by teleconference. As such, I am issuing this Minister's Direction ("Direction") pursuant to subsection 19.1 (7) of the Conservation Authorities Act. This Direction applies to all conservation authorities in Ontario, listed in Schedule "A" as attached. For greater certainty, this Direction also applies to conservation authorities when meeting as a source protection authority under the Clean Water Act, 2006. The Conservation Authorities Act requires that, "[e]very meeting held by the authority shall be open to the public, subject to such exceptions as may be specified in the by- laws of the authority." Further, at any meeting that is held, "a quorum consists of one- half of the members appointed by the participating municipalities, except where there are fewer than six such members, in which case three such members constitute a quorum". It has been brought to my attention that the administrative by-laws that conservation authorities have adopted pursuant to subsection 19.1 (1) of the Act may create barriers in meeting these provisions of the Act during this time of emergency, where in-person attendance may not be feasible. The primary purpose of this Direction is to enable conservation authorities to convene a meeting electronically in order to make the necessary amendments to their by-laws to deal with emergencies. This Direction identifies the minimum areas where the by-laws should be amended, in the manner deemed appropriate by the authority, to make provision for emergency situations. However, each conservation authority, depending on their individual by-laws, may identify the need to make other necessary amendments to respond to emergencies. Accordingly, I am directing that the conservation authority review and amend their by- laws, as applicable, to ensure they comply with the following Direction and take the other necessary steps as set out in this Direction. Electronic participation, emergencies 1. During any period where an emergency has been declared to exist, in all or part of an area over which a conservation authority has jurisdiction, under section 4 or 7.0.1 of the Emergency Management and Civil Protection Act, that may prevent members of the authority from meeting in person, the by-laws provide: a. That members of the authority be permitted to participate in meetings electronically, which shall include the ability of those members participating electronically to register votes. b. That any member of the authority who is participating electronically in a meeting may be counted in determining whether or not a quorum of members is present at any point in time during the meeting in accordance with the requirement in subsection 16 (2) of the Conservation Authorities Act. c. That any member of the authority can participate electronically in a meeting that is closed to the public. d. That any hearing or appeal that is dealt with in the by-laws can be conducted electronically with provisions for applicants and their agents to participate, if the conservation authority holds any such hearing or appeal during any period where an emergency has been declared to exist. Meetings open to the public 2. Conservation authorities must continue to implement best practices to make board meetings open to the public in accordance with subsection 15 (3) of the Conservation Authorities Act. Where possible, conservation authorities must provide for alternative means to allow the public to participate in any meetings electronically. General, emergency measures 3. If there is anything that is required to be done under the by-laws during the emergency, including the holding of an annual general meeting, that the by-laws permit postponement to a later date. Publication of information 4. The conservation authorities listed in Schedule "A" shall make this Direction publicly available on a website or other electronic means. 2 5. In accordance with subsection 19.1 (4) of the Conservation Authorities Act, an authority shall make any by-laws that are amended in accordance with this Direction available to the public in the manner it considers appropriate. Implementation procedure 6. A conservation authority may hold a special meeting to amend a by-law for the purposes of implementing this Direction. 7. Despite any provision in a by-law made under subsection 19.1 (1) of the Conservation Authorities Act, members of the authority can participate electronically in any special meeting that is required to implement this Direction. 8. A member of the authority that is participating electronically in such a special meeting may be counted in determining whether or not a quorum of members is present at any time during the meeting. Effective date 9. This Direction is effective immediately. If it is in the public interest to do so, I will provide further direction or clarification, at a later date, related to the matters set out in this Direction. If you have any questions related to this Direction, please contact: Chloe Stuart Assistant Deputy Minister, Land and Water Division, MECP Robinson PI South Tower, 6th Floor 300 Water Street Peterborough ON K9J 3C7 (705)755-5341 chloe.stuart(a)ontario.ca To learn more about how the province continues to protect Ontarians from COVID-19, please visit www.ontario.ca/coronavirus. Sincerely, Jeff Yurek Minister of the Environment, Conservation and Parks c: The Honourable Steve Clark, Minister of Municipal Affairs and Housing The Honourable John Yakabuski, Minister of Natural Resources and Forestry Ms. Kim Gavine, General Manager, Conservation Ontario 3 SCHEDULE "A" CONSERVATION AUTHORITIES Ausable Bayfield CA R.R. #3 71108 Morrison Line Exeter ON NOM 1 S5 Brian Horner bhorner@abca.on.ca Cataraqui Region CA Box 160 1641 Perth Road Glenburnie ON KOH ISO Katrina Furlanetto kfurlanetto@crca.ca Catfish Creek CA R.R. #5 8079 Springwater Road Aylmer ON N5H 2R4 Chris Wilkinson generalmanager@catfishcreek.ca Central Lake Ontario CA 100 Whiting Avenue Oshawa ON L1H 3T3 Chris Darling cdarling@cloca.com Credit Valley CA 1255 Old Derry Rd Mississauga ON L5N 6R4 Deborah Martin -Downs deb.martindowns@cvc.ca Crowe Valley CA Box 416 70 Hughes Lane Marmora ON KOK 2M0 Tim Pidduck tim.pidduck@crowevalley.com Essex Region CA Suite 311 360 Fairview Ave West Essex ON N8M 1Y6 Richard Wyma rwyma@erca.org 0 Ganaraska Region CA Box 328 2216 County Road 28 Port Hope ON L1A 3V8 Linda Laliberte Ilaliberte@grca.on.ca Grand River CA Box 729 400 Clyde Road Cambridge ON N1 R 5W6 Samantha Lawson slawson@grandriver.ca Grey Sauble CA R. R. #4 237897 Inglis Falls Road Owen Sound ON N4K 5N6 Tim Lanthier t.lanthier@greysauble.on.ca Halton Region CA 2596 Britannia Road West Burlington ON L7P OG3 Hassaan Basit hbasit@hrca.on.ca Hamilton Region CA P.O. Box 81067 838 Mineral Springs Road Ancaster ON L9G 4X1 Lisa Burnside lisa.burnside@conservationhamilton.ca Kawartha Region CA 277 Kenrei (Park) Road Lindsay ON K9V 4R1 Mark Majchrowski mmajchrowski@kawarthaconservation.com Kettle Creek CA R.R. #8 44015 Ferguson Line St. Thomas ON N5P 3T3 Elizabeth VanHooren elizabeth@kettlecreekconservation.on.ca 5 Lake Simcoe Region CA Box 282 120 Bayview Parkway Newmarket ON L3Y 3W3 Mike Walters m.walters@lsrca.on.ca Lakehead Region CA Box 10427 130 Conservation Road Thunder Bay ON P7B 6T8 Tammy Cook tammy@lakeheadca.com Long Point Region CA 4 Elm Street Tillsonburg ON N4G OC4 Judy Maxwell jmaxwel I@lprca.on.ca Lower Thames Valley CA 100 Thames Street Chatham ON N71- 2Y8 Mark Peacock m ark. peacock@ I tvca. ca Lower Trent Region CA R.R. #1 714 Murray Street Trenton ON K8V 5P4 Rhonda Bateman rhonda.bateman@ltc.on.ca Maitland Valley CA Box 127 1093 Marietta Street Wroxeter ON NOG 2X0 Phil Beard pbeard@mvca.on.ca Mattagami Region CA 100 Lakeshore Road Timmins ON P4N 8R5 David Vallier david.vallier@timmins.ca Mississippi Valley CA 10970 Highway 7 Carleton Place ON K7C 3P1 Sally McIntyre smcintyre@mvc.on.ca Niagara Peninsula CA 250 Thorold Road West, 3rd Floor Welland ON L3C 3W2 Chandra Sharma csharma@npca.ca Nickel District CA 199 Larch St Suite 401 Sudbury ON P3E 5P9 Carl Jorgensen cart.jorgensen@conservationsudbury.ca North Bay-Mattawa CA 15 Janey Avenue North Bay ON P1C 1N1 Brian Tayler brian.tayler@nbmca.ca Nottawasaga Valley CA 8195 Line 8 Utopia ON LOM 1T0 Doug Hevenor dhevenor@nvca.on.ca Otonabee Region CA 250 Milroy Drive Peterborough ON K9H 7M9 Dan Marinigh dmarinigh@otonabeeconservation.com Quinte CA R.R. #2 2061 Old Highway #2 Belleville ON K8N 4Z2 Brad McNevin bmcnevin@quinteconservation.ca Raisin Region CA PO Box 429 18045 County Road 2 Cornwall ON K6H 5T2 Richard Pilon richard.pilon@rrca.on.ca 7 Rideau Valley CA Box 599 3889 Rideau Valley Dr. Manotick ON K4M 1A5 Sommer Casgrain-Robertson sommer.casgrain-robertson@rvca.ca Saugeen Valley CA R.R. #1 1078 Bruce Road #12, Box #150 Formosa ON NOG 1W0 Dick Hibma d.hibma@svca.on.ca Sault Ste. Marie Region CA 1100 Fifth Line East Sault Ste. Marie ON P6A 6,18 Corrina Barrett cbarrett@ssmrca.ca South Nation River CA 38 Victoria Street P.O. Box 29 Finch ON KOC 1 KO Angela Coleman acoleman@nation.on.ca St. Clair Region CA 205 Mill Pond Crescent Strathroy ON N7G 3P9 Brian McDougall bmcdougall@scrca.on.ca Toronto and Region CA 101 Exchange Avenue Vaughan ON L4K 5R6 John MacKenzie john.mackenzie@trca.ca Upper Thames River CA 1424 Clarke Road London ON N5V 5139 Ian Wilcox wilcoxi@thamesriver.on.ca El ADJOURNMENT ON MOTION by David Barrow, the meeting adjourned at 9:46 a.m., on April 24, 2020. Jennifer Innis Chair /am John MacKenzie Secretary -Treasurer