HomeMy WebLinkAbout15 150 Repeal of By-law No. 2007-340, LAS Investigator Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
EDI It
KBT�
• // a-
R�1i-
' 0,1: Nip ,
BY -LAW
NO. 2015 -150
BEING A BY -LAW TO REPEAL BY -LAW NO. 2007 -340; BEING A BY -LAW
TO APPOINT LOCAL AUTHORITY SERVICES LTD. AS THE INVESTIGATOR
PURSUANT TO SECTIONS 239.1 AND 239.2 OF THE MUNICIPAL ACT, 2001
AND TO ENTER INTO AN AGREEMENT WITH LOCAL AUTHORITY
SERVICES LTD. FOR THE PROVISION OF THIS SERVICE
• WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended
Section 8 (1) and 9 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 239.1 of said Municipal Act, authorizes that a person
may request that an investigation of whether a municipality or local board has
complied with section 239 or a procedure by -law under subsection 238 (2) in
respect of a meeting or part of a meeting that was closed to the public be
undertaken, (a) by an investigator referred to in subsection 239.2 (1); or (b) by
the Ombudsman appointed under the Ombudsman Act, if the municipality has
not appointed an investigator referred to in subsection 239.2 (1);
AND WHEREAS Section 239.2 (1) authorizes a municipality to appoint an
investigator who has the function to investigate in an independent manner, on a
• complaint made to him or her by any person, whether the municipality or a local
board has complied with Section 239 or a procedure by -law under subsection
238 (2) in respect of a meeting that was closed to the public, and to report on the
investigation;
AND WHEREAS the Council of the Corporation of the Municipality of Kincardine
by By -law No. 2007 -340 appointed Local Authority Services Ltd. as the
investigator pursuant to sections 239.1 and 239.2 of the Municipal Act, 2001;
AND WHEREAS Council deems it desirable that By -law No. 2007 -340 be
repealed as per Report No. CLE 2015- 24;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That By -Law No. 2007 -340, cited as "LAS Investigator Agreement By -law"
be hereby repealed.
2. This by -law shall come into full force and effect on December 31, 2015.
Page 2
Repeal of By -law No. 2007 -340, LAS Investigator Agreement By -law
By -law No. 2015 - 150
3. This By -law may be cited as the "Repeal of By -law No. 2007 -340, LAS
Investigator Agreement By -law ".
READ a FIRST and SECOND TIME this 18th day of November, 2015.
READ a THIRD TIME and FINALLY PASSED this 18th day of November, 2015.
Mayor Clerk
•
•
•