HomeMy WebLinkAbout07 355 Delegation of Power & Duties Policy By-law
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
BY-LAW
NO. 2007 - 355
A BY-LAW TO ADOPT A POLICY WITH RESPECT TO DELEGATION
OF POWERS AND DUTIES
WHEREAS Section 270 (1) of the Municipal Act 2001, S,O. 2001, c, 25, as
amended, requires a municipality to adopt and maintain a policy with respect to
the delegation of its powers and duties;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality 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 pursuant to the said Municipal Act, Section 11 (2) provides that
a lower-tier municipality may pass by-laws, respecting the governance structure
of the municipality and its local boards;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Delegation of Powers and Duties Policy attached hereto as
Schedule "A", and forming part of the by-law, be adopted,
2. This By-law shall come into full force and effect upon its final
passage,
3, This By-law may be cited as the "Delegation of Powers and Duties
Policy By-law".
READ a FIRST and SECOND TIME this 21st day of November, 2007
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READ a THIRD TIME and FINALLY PASSED this 21st day of November, 2007
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POLICY
Thisj,s SchedJ:llle j. oj fu By.r.aw
No, ~- passed the:;l\ st day
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POLICY NO:
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SECTION:
GENERAL GOVERNMENT - CLERK
TITLE/SUBJECT:
DELEGATION OF POWERS AND DUTIES POLICY
ADOPTED DATE:
November 21 st 2007
Adopted by By-law No, 2007-356
REVISION DATE:
1. PURPOSE/APPLICATION
The Municipal Act, 2001, So. 2001 (the Act) requires that all municipalities adopt and maintain
a policy with respect to the delegation of its powers and duties,
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 applicable sections, including section 270. This policy applies to all committees of
Council, departments and staff.
2. DEFINTION(S)
i) 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,
ii) Administrative Powers - Includes all matters required for the management of the corporation
which do not involve discretionary decision making.
3. POLICY STATEMENT
The Council of The Corporation of the Municipality of Kincardine, 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 oflegislative 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.
4. POLICY REQUIREMENTS
4.1. All delegations of Council powers, duties or functions shall be effected by by-law,
.
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4,2, 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.
4.3. 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 Chief
Administrative Officer or selected from time to time by the delegate to act in the
capacity of the delegate in the delegate's absence.
4.4, 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
power, duty or function that has been delegated, unless such sub-delegation is
expressly permitted.
4,5, Legislative matters may be delegated by Council where they are minor in nature
or where Council has explicitly provided for the terms and conditions under
which the powers shall be exercised, and must take into account the limitations set
out in the Act.
4,6 A delegation may be revoked by by-law at any time without notice unless the
delegation by-law specifically limits the municipality's power to revoke the
delegation,
4,7 A delegation shall not limit the right to revoke the delegation beyond the term of
the Council which made the delegation,
4,8 Administrative Matters are generally 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.
4,9 In exercising any delegated power, the delegate shall ensure the following:
i) Any expenditure related to the matter has been provided for in the current
year's budget (or authorized by the Purchasing and Procurement By-law).
ii) The scope of the delegated authority shall not be exceeded by the delegate.
iii) 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,
iv) All policies regarding insurance and risk management shall be complied
with.
v) Delegates shall ensure the consistent and equitable application of council
policies and guidelines