HomeMy WebLinkAbout22 110 Restricted Acts Delegation of Powers (2022) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 - 110
BEING A BY-LAW TO AUTHORIZE THE DELEGATION OF AUTHORITY TO
THE CHIEF ADMINISTRATIVE OFFICER FOR THE RESTRICTED ACTS
PERIOD
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25,
(the Act) as amended, provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality’s ability to respond to municipal
issues and has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS Section 23.1 of the Act authorizes Council to delegate certain
powers and duties;
AND WHEREAS Section 275 of the Act restricts acts that a Council can take
after the first day during the election for a new council on which it can be
determined that where the new council will have the same number of members
as the outgoing council, the new council will include less than three-quarters of
the members of the outgoing council;
AND WHEREAS Section 275 (6) of the Act states that nothing in this section
prevents any person or body exercising any authority of a municipality that is
delegated to the person or body prior to nomination day for the election of the
new council;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient and necessary to delegate certain acts and duties during that
period that Council is restricted in its action under Section 275 of the Act;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That if Council is in a restricted position per Section 275 of the Municipal Act,
2001, Council delegates authority to the Chief Administrative Officer of The
Corporation of the Municipality of Kincardine to take action, where necessary,
on certain restrictions listed in Section 275 (3) of the Municipal Act, 2001, as
follows:
a) the appointment or removal from office of any officer of the
municipality, excluding those officers identified in Section 23.3(1) and
the Chief Administrative Officer;
b) the disposition of any real or personal property of the municipality,
outside the current approved budget, which has a value exceeding
$50,000 at the time of disposal;
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Restricted Acts Delegation of Powers (2022) By-law
By-law No. 2022 - 110
c) making any expenditures or incurring any other liability, outside the
current budget which exceeds $50,000.
2. That Council direct the Chief Administrative Officer to report to Council at the
next regularly scheduled meeting following the exercise of power, if the
delegation of authority is exercised.
3. This By-law is in effect for the 2022 Municipal Election.
4. This by-law shall come into full force and effect at the time of its passing.
5. This By-law may be cited as the “Restricted Acts Delegation of Powers (2022)
By-law”.
READ a FIRST and SECOND TIME this 20th day of June, 2022.
READ a THIRD TIME and FINALLY PASSED this this 20th day of June, 2022.
Mayor Clerk