THE CORPORATION OF THE TOWNSHIP OF LAIRD

WHEREAS Section 23 (Delegation of Powers and Duties) of the Municipal Act, 2001, c.25 as amended indicates without limiting section 9, 10, and 11, those sections authorize a municipality to delegate its powers and duties under this or any other ACT to a person or body subject to the restrictions set out in this Part;

and

WHEREAS Section 23.3(1) of the Municipal Act, 2001, c.25 as amended sets out the powers that cannot be delegated; and

WHEREAS Section 270(1.6) of the Municipal Act, 2001, c.25 as amended states a municipality shall adopt and maintain policies with respect to the delegation of powers and duties;

and

WHEREAS Section 275 (Restricted Acts after Nomination Day) of the Municipal Act, 2001, C. 25 as amended, restricts the action described in subsection (3) after the first day during the election period for a new Council being:

1. The appointment or removal from office of any officer of the municipality;
2. The hiring or dismissal of any employee of the municipality;
3. The disposition of any real or personal property of the municipality that is valued at $50,000 or more when it was acquired by the municipality;
4. Making any expenditures or incurring any other liability which exceeds $50,0000 or more
5. Section 275.4 states that exemptions for C and D above if the disposition or liability was included in the most recent budget adopted by the Council before nomination day in the election.

AND WHEREAS Council deems it expedient to delegate authority.

NOW THEREFORE BE IT RESOVED THAT the Council for the Township of Laird enacts as follows;

1. The “Delegation of Powers and Duties Policy” is hereby adopted as set out in Schedule “A” attached hereto and forming part of this By-law.
2. This By-law shall take force and effect upon the passage hereof.

1.0 Policy Statement:

The Council of the Township of Laird, as a duly elected municipal government is directly accountable to its constituents for its legislative decision making, policies, and administrative functions. Council’s decisions are generally expressed by by-law or resolution of Council carried by a majority vote. The efficient management of the municipal corporation and the need to respond to issues in a timely fashion require Council to entrust certain powers and duties to committees and staff while concurrently maintaining accountability, which can be effectively accomplished through the delegation of legislative and administrative functions. Council authority will be delegated within the context set out in the Municipal Act, 2001 (Act) and will respect the applicable restrictions outlined in the Act.

2.0 Purpose:

Section 23.1 and 23.2 of the Municipal Act, 2001, as amended, permits a municipality to delegate certain powers and duties to a person or body. The Act requires that all municipalities adopt and maintain a policy with respect to the delegation of Council’s legislative and administrative authority. The purpose of this policy is to set out the scope of the powers and duties which Council may delegate its legislative and administrative authority and to establish principles governing such delegation. This policy has been developed in accordance with the Act in order to comply with its other applicable sections, including Section 270 (1) 6. This policy applies to all committees of Council, departments and staff.

3.0 Policy Requirements:

Council supports the delegation of powers and duties to provide efficient management of municipal operations and to respond to matters in a timely fashion. The following shall be the general rules and guidelines relative to the delegation of Council powers and duties:

3.2 Notwithstanding the foregoing, Council retains the authority to make or reconsider, at any time and without notice, revoke any delegated power that has been delegated pursuant to this By-Law;

3.3 Except as otherwise required by law, should any position identified in this By-Law with delegated powers or duty be vacant, or no longer exist within the Corporation, the powers and duties of that position may be exercised by a person deemed to have authority of the position until such time as the position is either no longer vacant, or a new delegation for the corresponding delegated power or duty is approved;

3.4 Where the exercise of a delegated authority requires and expenditure of money, funding for the expenditure shall be included in an approved budget and all relevant requirements of the Township of Laird Procurement By-Law in effect at the time of the expenditure shall be followed;

3.5 Where delegated authority includes execution of an agreement, the agreement shall be approved by the Clerk Administrator and/or legal counsel prior to its execution;

3.6 All relevant By-Laws and Resolutions of The Corporation of the Township of Laird shall apply to the exercise of delegated authority, as authorized by this By-Law, or any associated stand-alone delegation of authority By-Law;

3.7 Legislative matters may be delegated by Council where they are minor in nature or where Council has explicitly provided for the terms and conditions under which the powers shall be exercised, and must take into account the limitations set out in the Act;

4.0 Definitions:

• 4.1 “Act” means the Municipal Act, 2001, S.O, c. 25, as amended;
• 4.2 “Approval” includes the authority to sign for approval and execute an agreement, contract, release, waiver, application or document intended to bind the Corporation and includes any renewal, amendment or termination thereof, and “Approve” has a corresponding meaning;
• 4.3 “By-law” means this by-law and includes its Schedules;
• 4.4 “Chief Building Official” or “CBO” means the Chief Building Official, as duly appointed by By-law;
• 4.5 “Clerk” or “Clerk Administrator” means the Clerk for the Township of Laird, as duly appointed By-Law;
• 4.6 “Corporation” means The Corporation of the Township of Laird;
• 4.7 “Council” means the elected Council of The Corporation of the Township of Laird;
• 4.8 “Delegation of Powers Policy” means a policy that has been approved by Council in accordance with sections 270 (1) 6 of the Act;
• 4.9 “Fire Chief” means the Fire Chief for the Township of Macdonald, Meredith, and Aberdeen Additional, as per Fire Services Agreement.
• 4.10 “Legal Proceedings” means any court of administrative tribunal proceeding commenced by, or against, The Township;

5.0 Nature and Scope of Delegation of Powers and Duties

5.1 The authority to approve a matter as contained in any Schedule hereto appended is hereby delegated to the person or persons set out in Column 3 therein and shall be subject to any conditions or restrictions as contained in Column 5.

5.2 Where authority to approve a matter is delegated to any person under this By-Law, the Clerk Administrator may also exercise the authority;

5.4 No provision of this By-law shall be construed as waiving any provision of the Procurement By-law, as may be amended from time to time, and the Procurement By-Law shall continue to apply to the procurement of goods and services on behalf of the Township;

5.5 Notwithstanding the foregoing, Council retains the authority to make or reconsider, at any time and without notice, revoke any delegated power that has been delegated pursuant to this By-Law.

6.0 Appointment of Signing Officers

6.1 The Mayor or Councilor appointed by motion signing authority at the beginning of each term, one required, and the Clerk Administrator or the Treasurer Deputy Clerk, one required, are hereby appointed signing officers of the Township and may jointly execute any document on behalf of the Township, specifically provided for in the Schedules appended.

7.0 General

7.1 Any reference to legislation, regulations or by-laws in this By-Law shall be interpreted to include all amendments and any successor legislation thereof;

7.2 In the event that any provision or part of this policy is found to be invalid for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the policy and all other provisions or parts thereof shall remain in full force and shall be valid;

7.3 In the event of any inconsistency between this policy and any other Township By-law, the more restrictive provision shall prevail to the extent of the inconsistency; and

7.4 Throughout this policy (i) the term “including” or phrases “e.g.” or “for example” shall be interpreted to mean to “include, without limitation”; (11) the singular includes the plural and vice-versa; and (iii) any gender includes any other gender, unless context requires otherwise.