HomeMy WebLinkAbout18 043 Restricted Acts Delegation of Powers By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2018 - 043
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 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 Section 23.1 of the Act states that Council is authorized to
delegate certain powers and duties;
S AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it expedient and necessary to delegate certain authorities for the
restricted acts period of the 2018 Municipal Election;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Council delegates authority to the Chief Administrative Office of The
Corporation of the Municipality of Kincardine to take action, where necessary,
on the following restrictions listed in Section 275 (3) of the Municipal Act,
2001 in the event it is determined that the new Council will include less than
three-quarters of the outgoing Council;
• the appointment or removal from office of any officer of the municipality;
• the disposition of any real or personal property of the municipality which
has a value exceeding $50,000 at the time of disposal;
• making any expenditures or incurring any other liability which exceeds
$50,000.
• 2. That the Chief Administrative Officer will 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 2018 Municipal Election.
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Restricted Acts Delegation of Powers By-law
By-law No. 2018 - 043
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 By-
law".
READ a FIRST and SECOND TIME this 18th day of April, 2018.
READ a THIRD TIME and FINALLY PASSED this this 18th day of April, 2018.
Mayor Clerk
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