Loading...
HomeMy WebLinkAboutBy-law No. 2008-008 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2008-008 A BY-LAW TO ESTABLISH A POLICY RESPECTING DELEGATION OF POWERS & DUTIES WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, as amended by The Municipal Statute Law Amendment Act (Bill 130) requires that municipalities shall adopt and maintain policies for the delegation of its powers and duties; AND WHEREAS Council for the Corporation of the Municipality of Bayham deems it necessary and expedient to establish such policy by by-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Policy Respecting Delegation of Powers and Duties marked as Schedule "A" attached hereto and forming part of this By-law be and the same is hereby adopted. 2. AND THAT this By-law shall come into force and effect upon the date if its enactment. READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF JANUARY 2008. MAYO CLERK Schedule"A"to B/L 2008-008 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DELEGATION OF POWERS AND DUTIES POLICY Purpose/Application 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, 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 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 bylaw. 2. Unless a power, duty, or function of Council has been expressly delegated by bylaw, all of the powers, duties and functions of Council remain with Council. 3. A delegation of a power, duty or function under any bylaw to any member of staff includes a delegation to a person who is appointed by the CAO. 4. Subject to section 3, a person to whom a power, duty or function has been delegated by bylaw 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. 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. Any expenditure related to the matter shall have been provided for in the current year's budget (or authorized by the purchasing by-law). 9. The scope of the delegated authority shall not be exceeded by the delegate. 10. 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.