07-28
Mark G. McDonald,
Chief Administrative Officer.
READ a third time and finally passed
READ a first and second
time
this
16th
this
day of October 2007
16th
day of
October 2007
2
1 THAT the Corporation of the County of Elgin hereby adopts a Policy for Delegation
by the Council of Certain Powers and Duties, attached as Schedule "A" hereto and forming
part of this by-Law.
THAT
this by-law sha
come Into force and effect on
the date of its passing
NOW THEREFORE
enacts as follows
the MUnicipal Council of the Corporation of the County of Elgin
WHEREAS Council has by by-law delegated authority to and by separate by-law
has appointed a land division committee to consider and act on consent matters under the
Planning Act.
east
WHEREAS the Council may delegate quasi-judicial powers to a body of which at
50% are council appointees: and
WHEREAS it is deemed advisable to delegate certain powers and duties of the
Council to enable the Council to focus on larger core issues: and
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, provides that a
municipality shall adopt and maintain policies with respect to the delegation by the Counci
of its powers and duties; and
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, S. 23.1, provides authority for
the Council to delegate routine and minor powers and duties to staff or other bodies; and
MINOR COUNCIL POWERS AND DUTIES TO STAFF AND LOCAL BOARDS
BEING A BY-LAW TO ESTABLISH A POLICY RESPECTING THE DELEGATION OF
By-Law No. 07-28
COUNTY OF ELGIN
2
the power to pass by-laws for
the power to appoint or remove from office an officer of the municipality whose
appointment is required by the Municipal Act 2001
mUnlcipa
taxation
tax rates or tax
ratios. or user fees
1
The following powers and duties cannot
be delegated by the Counci
Unless specifically delegated in this Policy, all the powers and duties of Council as
described in the Municipal Act 2001 shall remain with the Council
Exclusions
The delegated powers and duties approved by the Council to its County Officers, staff
positions, agents, and appointees, which may change from time to time as directed by the
Council, is attached as Appendix "A" to this policy.
1. Delegation shall mean the transfer of approval authority of certain powers and duties
from council to designated County officers, staff, appointees or agents of the municipality.
rova
Definitions
4 Council reserves the right to add delegated authority as is may deem appropriate
unless excluded from doing so by the Municipal Act or any Act.
3 Council reserves the right to hear any appeal made by a person or body of a
delegated approval decision and at any such hearing shall uphold, dismiss or modify the
delegated approval decision as determined by a recorded vote
2. The persons to whom Council may delegate certain powers and duties are County
officers. staff, appointees or agents of the municipality.
Notwithstanding Section 1, a legislative or quasi-judicial power may be delegated, in
accordance with the Municipal Act, the Planning Act and such other Acts as may be
prescribed, to:
a)
b)
c)
one or more members of its councilor a council committee
a body having at least two members of whom at least 50% are
i. members of its council;
ii. individuals appointed by its council
ijj a combination of individuals described in subclauses i and ii or
an individual who is an officer, employee or agent of the municipality.
1. The powers and duties delegated by the Council are not to be legislative or quasi-
judicial and are considered minor or routine in nature.
This Policy shall apply to County of Elgin officers, staff, appointees and agents with
respect to carrying out delegated powers and duties of the Council.
A
This policy outlines the direction for Council procedure in the delegation of its powers and
duties as described in Section 23.1 of the Municipal Act, 2001 and in compliance with
Section 270 of the Municipal Act, 2001
cation
Polic
Statement
A POLICY FOR DELEGATION BY THE COUNCIL
OF ITS POWERS AND DUTIES
SCHEDULE "A"
By-Law No. 07-28
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The Kettle Creek Conservation Authority is delegated authority to carry out
requirements of the County Woodlot Conservation By-Law and to carry out services
as County Weed Inspector. A written summary report will be provided to the Council
in the fall of each year.
Council appointees to the Elgin County Land Division Committee are delegated
quasi-judicial authority to render decisions for consent purposes and act on behalf of
the Council for consent matters under the Planning Act. A written summary report
will be provided to the Council in November of each year.
5
Approve staff vacation carryover.
the Council late in each year.
.
A written summary
Expend funds within respective budgets, within dollar limits, and in accordance
with the Council's Procurement Policy. A written summary report will be provided
to the Council at least semi-annually or more often if required by the Council's
Procurement Policy.
report wi
be provided
to
.
Enter into service agreements and in accordance with the Council's Procurement
Policy. A written summary report will be provided to the Council at least semi-
annually or more often if required by the Council's Procurement Policy.
4
.
Department
Heads are delegated authority to
The Director of Human
documents. A written
said documents.
Resources is delegated authority to execute OMERS
report will be presented to the Council prior to execution of
3
The Director of Engineering Services, being a Professional Engineer,
the authority to approve County engineering and design standards.
2
.
is delegated
Reduced load limits on highways during the spring thaw. An annua
summary report will be provided to the Council in the fall of the year.
written
Temporary closure of highways for construction purposes and for lowering posted
speed limits within a construction zone under certain conditions The Council will
be informed of such closure at the earliest opportunity.
.
Temporary closure of highways for parades, recreational, community, or other
social events under certain conditions. An annual written summary report will be
provided to the Council in the fall of the year.
.
1
Approvals are hereby delegated by the Council to
agents; and appointees, which may change from time
the following:
The Director of Engineering Services or designate is delegated authority to approve
its County Officers, staff positions,
to time as directed by the Council, to
rova
APPENDIX "A'
6
any other power or duty that
may be prescribed
the power to pass by-laws under the MUnicipal Act Subsection
Municipal Capital Facilities"
5
110 "Agreements for
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3
the power to adopt or amend the budget of the municipality
the power to Incorporate mUnicipal corporations
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