2007-141 To Adopt a Delegation of Powers and Duties Policy For the Township of Oro-MedonteTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2007-141
BEING A BY-LAW TO ADOPT
A DELEGATION OF POWERS AND DUTIES POLICY
FOR THE TOWNSHIP OF ORO-MEDONTE
WHEREAS Section 270 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality shall adopt and maintain policies with respect to the
delegation of its powers and duties;
AND WHEREAS Section 224 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
states that it is the role of Council to ensure that administrative policies, practices and
procedures are in place to implement the decisions of Council;
AND WHEREAS the Council of The Corporation of the Township of Oro-Medonte does
not find it expedient to adopt a Delegation of Powers and Duties Policy;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the Delegation of Powers and Duties Policy, Schedule "A", attached hereto
and forming part of this by-law is hereby adopted.
2. This by-law shall take effect on the 1St day of January, 2008.
BY-LAW READ A FIRST AND SECOND TIME THIS 19T" DAY OF DECEMBER,
2007.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19T" DAY OF
DECEMBER, 2007.
Clerk, .~. C~oug{as Irwin
{
Thy Tt~wn~hip of CJro-~edonte
Policy
PoUeylProcedure
Subject Page 1 of 2
section Delegation of Powers and Duties # PaL-ADM-09
Adminiistration Policy Enacted By Council:
December 19, 2007
Purpose
The Municipal Act, 2001, S. D. 2001, c.25, as amended (the Act) requires that all
municipalities adopt and maintain a policy with respect to the delegation of Council's
legislation 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 application 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 Township of aro-Medonte, 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 function shall be effected by by-law.
2. Unless a power, duty, or function of Council has been expressly delegated by by-law,
all of the powers, duties and functions of Council remain with Council.
3. A delegation of a power, duty or function under any by-law to any member of staff
includes a delegation to a person who is appointed by the CAO or selected from time
to time by the delegate to act in the capacity of the delegate in the delegate's absence.
4. Subject to section 3, a person to whom a power, duty or function has been delegated
by by-law has no authority to further delegate to another person any paver, 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 far the terms and conditions under which the
powers shall be exercised, and must take into account the limitations set out in the
Act.
6. 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.
In exercising any delegated power, the delegate shall ensure the following:
• Any expenditure related to the matter shall have been provided for in the current
year's budget (or authorized by the purchasing by-law).
• The scope of the delegated authority shall not be exceeded by the delegate.
• 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.
• All policies regarding insurance and risk management shall be complied with.
• Delegates shall ensure the consistent and equitable application of Council policies
and guidelines.
Powers that cannot be Delegated
In accordance with the Act, the following powers and duties cannot be delegated by Council:
1. The power to appoint or remove from office an officer of the municipality whose
appointment is required by the Municipal Act, 2001.
2. The power to pass a by-law for municipal taxation, limitation on taxes for certain
property classes or tax collection.
3. The power to incorporate corporations.
4. The power to adopt an official plan or an amendment to an official plan under the
Planning Act.
5. The power to pass a zoning by-law under the Planning Act.
6. The power to pass a by-law for the establishment of a counseling service to small
businesses operating in the municipality or for the provision of municipal capital
facilities.
7. The power to adopt a community improvement plan.
8. The power to adopt or amend the budget of the municipality.
9. Any other power or duty that may be prescribed.
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