HomeMy WebLinkAboutBy-law No. 2020-024THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2020-024
BEING A BY-LAW AUTHORIZING THE DELEGATION OF AUTHORITY DURING A
DECLARED STATE OF EMERGENCY
WHEREAS on March 17, 2020, and pursuant to section 7.0.1(b) of the Emergency
Management and Civil Protection Act, the Lieutenant Governor of Ontario, at the
recommendation of the Premier, declared that a state of emergency exists throughout the
Province of Ontario relating to the COVID-19 pandemic;
AND WHEREAS on March 21, 2020, and pursuant to section 4(1) of the Emergency
Management and Civil Protection Act, the Mayor of the Corporation of the Municipality of
Bayham declared that a state of emergency also exists in the Municipality of Bayham relating to
the said COVID-19 pandemic;
AND WHEREAS to help protect the health and safety of the residents of the Municipality of
Bayham during the said COVID-19 pandemic, the Corporation of the Municipality of Bayham
has suspended and/or restricted normal operations of several municipal programs and facilities
as well as postponing and/or canceling non -essential public meetings;
AND WHEREAS Council of the Corporation of the Municipality of Bayham is generally required
to conduct its business in Meetings that are open to the public;
AND WHEREAS, during the current state of emergency and in circumstances in which a
quorum cannot be formed during a Meeting of Council, Council of the Corporation of the
Municipality of Bayham considers it to be in the best interests of the said Municipality and its
residents to delegate temporarily its authority and powers to make decisions by its elected
Council to a body comprised of specified members of Council and senior administration of the
Corporation, subject to restrictions prescribed by the Municipal Act, 2001 and the provisions of
this By-law.
NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts
as follows:
Short Title
This By-law may be referred to as the "COVID-19 Delegation By-law".
Interpretation
2. Unless otherwise stated:
(a) a reference to a statute or regulation refers to a statute or regulation of the Province
of Ontario;
(b) a reference to a statute, regulation, or by-law refers to that enactment as it may be
amended or replaced from time to time; and,
(c) a reference to a section, paragraph, clause, or schedule is a reference to a section,
paragraph, clause, or schedule of this By-law.
3. The headings in this By-law are for convenience only and do not form part of this By-law.
4. If any part of this By-law is determined to be invalid by a court of competent jurisdiction,
the invalid part is severed and the remainder continues to be valid.
5. The delegations of authority by this By-law are in addition to delegations of authority
established by other Municipality of Bayham By-laws and otherwise at law. In the event
of any inconsistency between this By-law and any other Municipality of Bayham By -Law,
then the provision that more effectively delegates authority prevails to the extent of the
inconsistency.
6. This By-law applies retrospectively to matters that were pending for a determination by
Council prior to the enactment of this By-law.
7. In this By-law:
(a) "By-law" means this By-law.
(b) "CAO" means the Chief Administrative Officer/Clerk appointed by the Municipality.
(c) "Council" means the Council of the Corporation of the Municipality of Bayham.
(d) "Delegated Authority Body" means a body comprised of the foâ–ºlowing individuals:
(1) Mayor, or designate
(2) CAO, or designate
(e) "Mayor", means the Mayor for the Corporation of the Municipality of Bayham.
(f) "Member" means a member of the Delegated Authority Body.
(g) "Municipality" means the Corporation of the Municipality of Bayham or the
geographic area of the Municipality of Bayham, as the context requires.
Implementation
S. The delegation of powers contemplated hereunder shall take effect and be implemented
only if and when Council cannot form a quorum of Members for any Meeting of Council
by any procedure contemplated by By-law No. 2018-005 (Procedural By -Law) and shall
remain in effect and implemented until the next Meeting of Council at which a quorum
can be formed.
Delegation of Authority
9. Council hereby delegates its authority and powers under all provincial statutes and
regulations to the Delegated Authority Body, subject to the restrictions established by
Part 11 of the Municipal Act, 2001 and by this By-law.
10. Where the Delegated Authority Body cannot unanimously agree the decision of the
Mayor shall be final.
11. Any exercise of authority delegated pursuant to this By-law that contemplates a payment
of money by the Municipality is subject to the availability of an Approved Budget that can
accommodate that payment.
Repeal
12. This By -Law shall be automatically repealed upon the termination of the Declaration of a
State of Emergency by the Province of Ontario as dated March 17, 2020, including any
extension or replacement thereof, and the Declaration of a State of Emergency by the
Mayor of the Municipality of Bayham as dated March 21, 2020, including any extension
or replacement thereof, whichever is later.
Effective Date
13. This By-law comes into force and is effective on the date of its passing.
READ A FIRST, SECOND, AND THIRD TIME and finally passed this 2nd day of April, 2020
MAYOR