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By-law No. 2014-090 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2014-090 BEING A BY-LAW TO ADOPT A POLICY WITH RESPECT TO THE DELEGATION OF POWERS AND DUTIES OF COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, 2001, as amended, requires that all municipalities adopt and maintain a policy with respect to the delegation of Council's legislative and administrative authority; AND WHEREAS Council for the Corporation of the Municipality of Bayham recognizes that, as a duly elected municipal government, it is directly accountable to its constituents for its legislative decision making, policies and administrative functions; AND WHEREAS Council further recognizes that the efficient management of the municipal corporation and the need to respond to issues in a timely manner may 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; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: I. THAT the Policy for the Delegation of Powers and Duties, being the attached Appendix "A", is hereby adopted. 2. THAT this By-law shall come into force and take effect on the 21 day of August, 2014. 3. THAT By-law No. 2008-008 be repealed in its entirety. READ a FIRST, SECOND and THIRD TIME and finally passe is 21 day of August, 2014. PAUL ENS Mayor LYNDA MILLARD CLERK iVz Ili,/-096 .010(1144f (4.44„,,, ,,Ripm t: Y y. OP Ops4116... ��'ounity Isom{ -rhe-Corporation of the Municipality of Bayham Policy Name: Delegations of Powers and Duties of Council Policy Purpose: The Municipal Act, 2001 (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. This policy applies to all committees of Council, departments and staff. Definitions: Legislative Powers - includes all matters where Council acts in a legislative or quasi judicial function including enacting by-laws, setting policies, and exercising decision making authority. Administrative Powers - includes all matters required for the management of the.Corporation which do not involve discretionary decision making. Policy Statement: The Council of the Municipality of Bayham, as a duly elected municipal government is directly accountable to its constituents for its legislative decision making, policies, and administrative functions. A decision of Council is 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 Act and will respect the applicable restrictions outlined in the Act. Policy Requirements: 1. All delegations of Council powers, duties or functions shall be effected by By-law. 2. Unless a power, duty or function of Council has been expressly delegated by By-law, all of the powers, duties and functions of Council remain with Council. 3. A delegation of a power, duty or function under any By-law to any member of staff includes a delegation to a person who is appointed by the Administrator or selected from time to time by the delegate to act in the capacity of the delegate in the delegate's absence. 4. Subject to Item 3, a person to whom a power, duty or function has been delegated by By-law has no authority to further delegate to another person any power, duty or function that has been delegated, unless such sub-delegation is expressly permitted. 5. 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. 6. Council has authorized those specific legislative and administrative matters listed in Schedule "A" to be delegated to the individual designated subject to the terms set out therein. 7. Administrative matters may generally be delegated to staff subject to the conditions set out in the delegation and in this policy, and must take into account the limitations set out in the Act. 8. In exercising any delegated power, the delegate shall ensure the following: i. Any expenditure related to the matter shall have been provided for in the current year's budget or authorized by the Procurement By-law. ii. The scope of the delegated authority shall not be exceeded by the delegate. iii. Where required by the specific delegated authority, reports shall be submitted to Council advising of the exercise of a delegated power and confirming compliance with the delegated authority and this policy. iv. All policies regarding insurance and risk management shall be complied with. v. Delegates shall ensure the consistent and equitable application of Council policies and guidelines. 9. The following powers and duties cannot be delegated by Council: i. The power to appoint or remove from office an officer of the municipality whose appointment is required by the Municipal Act. 2001. ii. The power to pass By-laws for municipal taxation or tax collection. iii. The power to incorporate corporations. iv. The power to adopt an Official Plan or Official Plan Amendment or pass a Zoning By-Law under the Planning Act. v. The power to pass a By-law for the establishment of a counseling service to small businesses operating in the municipality or for the provision of municipal capital facilities. vi. The power to adopt a Community Improvement Plan. vii. The power to adopt or amend the budget of the municipality. viii. Any other power or duty that may be prescribed. ,B,)L ado/ q (-)9 SCHEDULE 'A' DELEGATIONS OF POWERS AND DUTIES OF COUNCIL POLICY Delegated Authority Delegation Temporary road closures for Manager of Public Works road work To impose conditions on the Manager of Public Works use of highways To designate Municipal Manager of Public Works roads as `construction zones' and to designate the speed limit To authorize the delegation Planning Coordinator/Deputy Clerk of the authority of Council to determine completeness of Official Plan and Zoning By- law applications Procurement of goods, Administrator services or construction pursuant to the Procurement _By-law Sale of assets under the Administrator/Treasurer value of$1,000.00 Contract execution Mayor and Clerk Contract execution of Administrator/Treasurer $1,000.00 or less Labour Negotiations Administrator Fire Route Signage per the Fire Chief Traffic By-law Issue and revoke Burning Fire Chief Permits under the Open Air Burning By-law Power to enter into and Administrator and Clerk execute Encroachment Agreements pursuant to the Encroachment By-law Power to approve up to one Administrator week of staff carry over time Power to approve up to two Administrator weeks of staff carry over time in an election year Enter into agreements for Clerk the sale of interment rights Enter into agreements for Clerk the use of municipal facilities Register any instrument on Administrator/Clerk/Planning behalf of the Municipality Coordinator/Deputy Clerk against the title to lands in which the Municipality has an interest Approve payments to Clerk owners of livestock which has been injured or killed by a wild animals Write off taxes in Treasurer accordance with the provisions of Section 354 of the Municipal Act Execute agreements under Planning Coordinator/Clerk the Community Improvement Program- Façade Program