18-23 Lame DuckCOUNTY OF ELGIN
By -Law No. 18-23
"BEING A BY-LAW TO DELEGATE AUTHORITY TO THE CHIEF ADMINISTRATIVE
OFFICER TO ACT IN THE EVENT THAT THE COUNCIL'S ACTIONS BECOME
RESTRICTED UNDER SECTION 275 OF THE MUNICIPAL ACT, 2001."
WHEREAS Section 5(3) of the Municipal Act, 2001, c. 25, as amended, authorizes a
municipality to pass by-laws to exercise its municipal powers;
AND WHEREAS Sections 224(4) and 224(e) of the Municipal Act, 2001, c. 25,
as amended, provide that it is the role of council to ensure that administrative practices and
procedures are in place to implement the decisions of council and to maintain the financial
integrity of the municipality,
AND WHEREAS Section 275(1) of the Municipal Act, 2001, c. 25 as amended, restricts
the actions of a council of a local municipality after the first day during the election period that
the new council will include less than three-quarters of the members of the outgoing council;
AND WHEREAS Section 275(3) of the Municipal Act, 2001, c.25, restricts Council from
taking action on the following:
a) The appointment or removal from office of any officer of the municipality;
b) The hiring or dismissal of any employee of the municipality;
c) The disposition of any real or personal property of the municipality which has a value
exceeding $50,000 at the time of disposal; and
d) Making any expenditure or incurring any other liability which exceeds $50,000.
AND WHEREAS Section 275(6) of the Municipal Act, 2001, as amended, authorizes
councils to delegate authority to persons prior to nomination day for the election of a new
council;
AND WHEREAS the Council of the Corporation of the County of Elgin deems it expedient to
delegate authority to the Chief Administrative Officer to take action, where necessary, on
certain acts during the restricted period;
NOW THEREFORE the Corporation of the County of Elgin HEREBY ENACTS AS FOLLOWS:
THAT, in the event that the Council's actions become restricted under Section 275
of the Municipal Act, 2001, the authority of the Council to act shall be hereby delegated
as follows:
(a) to the CAO to be the financial signing authority for expenditures, outside the
current budget, exceeding $50,000 and/or for the disposition of any real or personal
property of the municipality which has a value exceeding $50,000 at the time of
disposal; and
(b) to the Chief Administrative Officer to be the authority to hire or remove any officer
not under the purview of Council from/to employment with the County of Elgin.
2. THAT this By-law shall come into force and take effect on the final passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF
JUNE 2018.
Julie Gonyou,
Chief Administrative Officer.
212,
David Marr,
Warden.