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23-44 By-Law to Delegate Authority to Officers and Employees of the Corporation of the County of ElginCOUNTY OF ELGIN By -Law No. 23-44 "BEING A BY-LAW TO DELEGATE AUTHORITY TO OFFICERS AND EMPLOYEES OF THE CORPORATION OF THE COUNTY OF ELGIN" WHEREAS Section 2 of the Municipal Act, 2001, S.O. 2001, c. 25., (the Municipal Act) states that the purpose of municipality is to be a responsible and accountable government with respect to matters within its jurisdiction and each municipality is given powers and duties under the Municipal Act, and other Acts of the legislature for the purpose of providing good government with respect to those matters; AND WHEREAS Section 5(3) of the Municipal Act sets out that a municipal power, including a municipality's capacity, rights, powers and privileges under section 9, shall be exercised by by- law unless the municipality is specifically authorized to do otherwise; AND WHEREAS Section 23.1 of the Municipal Act authorizes a municipality to delegate its powers and duties subject to certain limitations; AND WHEREAS section 227(c) of the Municipal Act states that it is the role of the officers and employees of the municipality to carry out duties required and assigned by the municipality AND WHEREAS section 270(1) of the Municipal Act provides that a municipality shall adopt and maintain a policy with respect to the delegation of its powers and duties; AND WHEREAS it is deemed expedient to delegate authority from Council to the officers and employees of the municipality for the purpose of providing responsible, accountable, good and efficient governance of Elgin County; NOW THEREFORE, the Council of the Corporation of the County of Elgin enacts as follows: 1. This By -Law may be referred to as the "Delegation of Authority By -Law". 2. Authority is delegated to specified officers and employees to act, subject to limits and restrictions, as described in Schedule "A" attached hereto. Schedule "A" hereto forms part of this By -Law. 3. Subject to section 4, any delegated authority is granted only to the officer or employee holding the corresponding officer or employee position listed under the "Delegation" column in Schedule "A" and includes any officer or employee holding that position on a permanent, temporary or acting basis. In addition, the delegation is also granted to the corresponding officer or employee's supervisor, and each supervisor above that position in the corporate structure, up to and including the Chief Administrative Officer. 4. Where any delegation of authority to any officer or employee or their supervisor is not permissible at law, such as in an instance where a professional qualification or licence is required to exercise the authority, then the delegation is deemed not granted to that officer or employee or their supervisor but does not affect the delegation of authority to any other officer or employee or their supervisor. 5. The Chief Administrative Officer is authorized to further delegate and to authorize further delegations of any powers, duties, functions, and appointments delegated to the Chief Administrative Officer by Council under this or any other by-law or resolution to any Director of the County, provided such delegations are in writing. 6. Unless the delegation includes specific language to the effect that the delegated authority may be further delegated to a designate, and subject to section 5, no further delegation of the authorities contained herein is permitted without Council approval, either with respect to the authority and limits of the delegation or the persons to whom the delegation is granted. 7. The Chief Administrative Officer is hereby authorized to resolve any conflict or ambiguity regarding the individual or individuals of the County authorized to exercise any delegation and implement any protocol necessary to give effect to the delegation. 8. Where delegated authority involves the expenditure of funds and/or commitment of resources, the delegated authority must adhere to Elgin County's procurement by-law(s), policies and procedures as may be in force from time to time. Nothing in this by-law shall modify the purchasing authority delegated in such procurement by-law(s), policies and procedures. 9. Officers and employees with delegated authority under this By -Law shall exercise their authority responsibly and shall be accountable and responsible for their actions and decisions. 10. If an officer or employee has a conflict of interest related to a delegated authority then the officer or employee must not exercise their delegated authority and must report the conflict of interest to their supervisor as soon as practicable. 11. This By-law does not diminish, restrict or reduce any authority delegated to any officer or employee by any other resolution, By-law, statute, regulation or otherwise provided at law. 12. Signing authority delegated by this By -Law may be signed by written, engraved, printed, lithographed means, which may include any electronic means or measurers or otherwise reproduced signatures provided that electronic signatures are affixed in compliance with County policies as may be in force from time to time. 13. Each section this By -Law, including its Schedule(s), is an independent section or part of a section, and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect the validity of any other sections or parts thereof. 14. Nothing in this By -Law shall be deemed, understood or interpreted to delegate or attempt to delegate any of the powers that a Council is restricted, in whole in part, from delegating pursuant to sections 23.2 and 23.3 of the Municipal Act. READ A FIRST AND SECOND TIME ON THE 281h DAY of NOVEMBER, 2023. READ A THIRD TIME AND FINALLY PASSED ON THIS 91h DAY of JANUARY, 2024. d Blaine Parkin, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. SCHEDULE"A" A. All Departments Description and Limitations Delegation 1 Signing of agreements associated with the Director (upon concurrence of purchase of goods or services, subject to Manager of Procurement) — not the Procurement By -Law, approved budget, exceeding $250,000 and review by Legal Services. (RFQ/RFP/RFT); Director (upon concurrence of Manager of Procurement) — not exceeding $50,000 (sole source or single source); Aligns with Procurement By -Law; 2 Signing of contracts which relate to Director renewals or amending agreements where the original agreement was approved by Council. The contract must be reviewed by Legal Services and have a value that does not vary more than $50,000 per year compared to the original agreement and be for a term less than four years. 3 Applying for grants and submitting resulting Director, Director of Finance and reports, and required funding applications. CAO/Clerk Where such documents create an obligation on the County, then there must be a review by Legal Services and the Chief Administrative Officer. If there is an ongoing financial impact to the County, then there must be a review by the finance de artment. 4 Service Agreements with public sector CAO/Clerk organizations or between internal County entities. 5 Approve purchasing documents pursuant to Director the procurement by-law 6 Authority to enter into agreements and Director, must consult with make necessary reports for student funding Director of Human Resources programs B. Administrative Services Description and Limitations Dele ation 1 Approve and implement administrative CAO/Clerk policies, procedures and practices in the exercise of authority under section 229 of the Municipal Act 2 Closing Roads in the event of an emergency CAO/Clerk or Director of Engineering 3 Settling legal disputes of a non -litigation Director of Legal Services and nature, including contract disputes, signing affected Director of Department or minutes of settlement or giving instructions to CAO/Clerk, jointly — up to budgeted the Director of Legal Services to execute project amount minutes of settlement, upon receiving recommendations from legal counsel and consulting with any affected Director 4 Authorizing use of County logos / trademarks CAO / Clerk 5 Accepting and signing retainer agreements Prosecutor, Director of Legal for legal services provided under an Services authorized shared services agreement or on a limited, file -specific basis to other public entities with regard to prosecutions 6 Executing and filing any documents CAO / Clerk and/or Director of necessary for a legal proceeding including Legal Services but not limited to, issuing and signing pleadings, accepting service of legal claims, retaining external counsel provided that the funds for external counsel is available within an existing approved budget 7 Providing instructions to legal counsel CAO / Clerk or Director of Legal Services (the latter, where legal counsel is external 8 Signing of easement agreements at nominal Solicitor or Director of Engineering cost to the County or as approved by Council having consulted with a Solicitor 9 Objecting or consenting to land title Solicitor applications for absolute title where the County is adjacent landowner. 10 Signing of transfers and acknowledgment Solicitor or Director of Engineering and directions for transfer of County property having consulted with a Solicitor as approved by Council, required by the County under an Act (such as the Planning Act). 11 Litigation at any Court, Commission, Tribunal, Authority delegated to the Director Board, Hearing or Arbitration, subject to the of Legal Services to defend, authority of insurance companies pursuant to commence, manage, negotiate and insurance policies resolve any matter against or by the County, Local Boards or Committees. Financial authority to settle: • Solicitor up to $35,000 (the jurisdiction of the small claims court); • Director of Legal Services and CAO/Clerk jointly: up to $100,000, provided such amount is within the approved budget — if the CAO/Clerk and Director of Legal Services cannot agree, Council must decide; • Council, over $100,000; 12 Authority to carry out the functions of CAO/Clerk, may be delegated by designated Head pursuant to MF/PPA for CAO/Clerk to Manager of freedom of information access requests and Legislative Services or the Director protection of privacy of Community and Cultural Services or any Deputy Clerk; 13 Authority to make minor corrections to By- Deputy Clerk; laws. Limited to non -material matters (e.g. paragraph numbering, spelling) and subject to consultation with the Director of Legal Services and CAO/Clerk 14 Authority to participate in consultations by CAO/Clerk; any level of government and provide feedback on behalf of the County in accordance with the County's existing policies, frameworks, plans and/or priorities 15 Respond to media inquiries Corporate Communications and Engagement Coordinator or Director as delegated by the CAO / Clerk; C. ENGINEERING SERVICES Description and Limitations Delegation 1 Approve and sign road permits including but Director of Engineering, may be not limited to new entrance permits, delegated in writing by Director of temporary access permits, culvert Engineering within Engineering installations, road occupancy permits, Services; oversize or overweightpermits; 2 Approve and sign licence agreements and Director of Engineering or agreements permitting permanent designate; installation of approved utilities on County property; 3 Authority to close roads in non -emergency Director of Engineering or situations designate for special events; Director of Engineering for improvements, repair, demolition or any other construction purposes or otherwise; 4 Authorize temporary speed reductions and Director of Engineering or approve appropriate si na a for same designate; 5 Approve and execute encroachment Director of Engineering, for existing agreements on municipal land; encroachments and where the encroachment has no impact on current or future use of right-of- way(s) 6 Acquire land for road widening purposes Director of Engineering, to a limit of $50,000.00 for the purchase of land and any cost must be part of an approved budget 7 Designate truck routes and half -load roads Director of Engineering or designate; 8 Communicate conditions that should be Manager within Engineering opposed on behalf of the County to any Services; planning authority 9 Approve and sign service agreements with Manager within Engineering Hydro One or other utility provider to Services, provided the cost of the provide electricity to new infrastructure service is in an approved budget 10 Manage renovation, repair or other Manager of Corporate Facilities construction projects in County facilities and approve and sign all documents for that purpose within approved budget D. FINANCE Description and Limitations Delegation 1 Open, maintain and close bank accounts as Manager of Finance required for municipal purposes 2 Issue and sign cheques, make payments Manager of Finance and transfer funds for municipal purposes. Limited to items approved in annual budget or as otherwise approved by Council 3 Enter into agreements for services with Director of Finance accountants or auditors for municipal purposes 4 Require an accounting of funds from any Any two of the CAO / Clerk, employee or officer of the County including Director of Finance, Director of members of Council Human Resources and the Director of Legal Services, Council must be informed as soon as practicable 5 Issue and sign donation receipts Director of Finance 6 Apply for provincial and federal grants Manager of Finance 7 Issue/post for bidding Manager of Procurement RFP/RFT/Procurement documents on behalf of the Count 8 Authority to auction or sell County chattel Manager of Procurement property in accordance with County life - cycle and other asset management policies E. INFORMATION TECHNOLOGY Description and Limitations Delegation 1 Approve and sign minor amendments to Director of IT Information Technology Services agreements, including the purchase of routine services and equipment, resulting from changing business needs and employee staffing changes 2 Approve and sign Data Use Agreement Director of IT, requires consultation with Director of Legal Services 3 Sign website and software Terms of Use Director of IT, must consult with and Licence Agreements provided they are Manager of Procurement and within budget and standard Terms of Director of Legal Services on Service whether criteria is met 4 Authorize an audit of information technology Any two of the Director of IT, resources, including e-mail accounts and Director of Human Resources, the including forensic audits CAO/Clerk and the Director of Legal Services, Council must be informed as soon as practicable F. COMMUNITY AND CULTURAL SERVICES Description and Limitations Delegation 1 Authorize use of library facilities by Supervisors community organizations 2 Enter into program or performer agreements Supervisors 3 Authority to perform the functions of the Director of Community and Cultural CEO of a Public Library Board as set out in Services the Public Library Board Act, including representing Elgin County in associations, committees or other industry organizations related to library services 4 Approve, sign and submit all documents Director of Community and Cultural and reports necessary for the public Services libraries operating rant 5 Sign for receipt of artifacts, pieces, art, Museum Curator, archives staff, for archival records or other objects for display items of estimated value, inclusive as part of a museum, archives or library of ongoing maintenance cost(s), of program less than $25,000 and there is no increase to annual approved budget; Museum Curator and Director of Finance together, if estimated value is more than $25,000, inclusive of maintenance cost or results in increase to annual approved budget 6 Authority to temporarily close library, Director of Community and Cultural museum and archive facilities due to Services, must consult with inclement weather, power disruptions or CAO/Clerk staffing issues; 7 Authority to accept donations and issue tax Museum Curator, archives staff, for receipts under the County Library's status items of estimated value, inclusive of ongoing maintenance cost(s), of less than $25,000 and there is no increase to annual approved budget; Museum Curator and Director of Finance together, if estimated value is more than $25,000, inclusive of maintenance cost or results in increase to annual approved budget 8 Authority and responsibility to retain and All archives staff destroy records in conformance with the Coun 's records retention policies 9 Authority to sign and submit reports related Museum Curator to the annual community museums operating rant G. HOMES AND SENIOR SERVICES Description and Limitations Delegation 1 Approve and sign agreements, including Director of Homes and Senior grants, with the Province of Ontario or other Services, must consult with legal funding agencies to receive funds related to services and finance department the provision of Long -Term Care 2 Approve and Sign resident admission Administrators documentation 3 Approve and sign routine agreements with Director of Homes and Senior resident service providers Services 4 Submitting routine or legislatively required Administrators reporting documents to the Province of Ontario or any of its ministries 5 Create, approve and implement new Director of Homes and Senior programming for residents and seniors that Services does not create new obligations for the County and is within an approved budget 6 Represent Elgin County in associations, Director of Homes and Senior committees or other industry organizations Services related to the provision of Long -Term Care Homes 7 Approve, sign and implement policies, Director of Homes and Senior procedures and medical directives specific Services to Elgin County's Long -Term Care Homes including those required by legislation, regulation or for funding agreement purposes H. HUMAN RESOURCES Description and Limitations Dele ation 1 Approve and sign agreements with Director of Human Resources and educational or training institutions for affected Director of Department, student or training placementsjointly 2 Approve and sign routine human resources Director of Human Resources documentation including but not limited to performance management letters, disciplinary letters, hiring letters, termination letters; 3 Approve waiver of probationary period(s) Director of Human Resources and CAO/Clerk, joint) 4 Administration of benefits including: health, Director of Human Recourses, in dental, STD, LTD, WSIB and OMERS consultation with the Director of Finance 5 Authority over all claims management Manager of Human Resources documentation and Return to Work and Accommodation documentation 6 Authority to appeal any WSIB decision Manager of Human Resources 7 Signing Minutes of Settlement in labour Authority to manage and settle relations disputes including grievances and where there is no financial matters referred to arbitration implication — Manager of Human Resources and member of Management Team, jointly; Authority to settle where there are financial implications: Director of Human Resources and Director of affected department, $50,000.00, on recommendation of the Director of Legal Services, must be within approved budget; 8 Authority to approve payment for Authority to manage and settle employment severances where specific claims up to $50,000.00 — Director amount not stipulated by contract of Human Resources and CAO/Clerk, acting jointly, must be within approved budget; 9 Authority to litigate, manage and settle Must consult with Director of Legal complaints by employees to the Human Services. Authority to settle claims Rights Commission or Human Rights up to $50,000.000 — Director of Tribunal. Human Resources and CAO/Clerk, acting jointly, must be within approved budget; 10 Authority to approve Job Descriptions Director of Human Resources and Director of affected department, acting jointly, unless the job description is for a member of SLT, in which event the authority is delegated to the Director of Human Resources and the CAO/Clerk, actinq joint) 11 Authority to access employee IT Files CAO/Clerk, except legal services shared services files Director of Human Resources (including at the request of any other Director), except legal services shared services files and CAO/Clerk must be notified;