2021-33 Delegation of Authority By-Law

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

BY- LAW NO. 2021-33

BEING A BY-LAW TO DELEGATE AUTHORITY FOR ADMINISTRATIVE MATTERS TO TOWNSHIP STAFF

Amendments to By-Law 2021-33

2021-33 - Original unamended by-law

2022-56 - Being a By-Law to amend By-Law 2021-33, The Delegation of Authority By-Law

WHEREAS Section 23.1 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes municipality to delegate its powers and duties to a person or body, subject to certain restrictions;

AND WHEREAS the Council of the Township of Southwold has passed By-law No. 2021-33 to delegate it powers and duties;

AND WHEREAS the Council of the Township of Southwold desires to make amendments to the Delegation of Authority By-law;

NOW THEREFORE the Council of the Corporation of the Township of Southwold enacts as follows:

1. THAT By-law No. 2021-33, Schedule “A”, be amended by adding the following:

#	Delegation	Delegate(s)	Legislative Authority	Conditions/Restrictions
25	Issue Charitable Donation Tax Receipts	Treasurer

2. THAT By-law No. 2021-33, Schedule “B”, Item #1 be amended by striking out “Council still has authority over site plan where zoning amendment is required” in column 5 – Conditions/Restrictions.

3. That By-law No. 2021-33, Schedule “B”, Items #6, #10, #11, #12 and #16 be amended by adding “Subject to concurrence from the CAO/Clerk and Director of Infrastructure and Development” in Column 5 – Conditions/Restrictions for each Item.

4. THAT By-law No. 2021-33, Schedule “B”, Section – Planning be amended by adding the following:

#	Delegation	Delegate(s)	Legislative Authority	Conditions/Restrictions
17	Archaeological Monitoring Services Agreements, Archaeology Field Liaison Agreements and similar such agreements	Director of Infrastructure and Development Services

5. THAT By-law No. 2021-33, Schedule “D”, Section - Beautification - Item #1 be amended by striking out “Public Works Superintendent” in column 3 – Delegate and substituting therefore “Director of Building and Community Services/Chief Building Official”.

6. THAT By-law No. 2021-33, Schedule “D”, Section - Cemeteries - Item #1 be amended by striking out “Public Works Superintendent” in column 3 – Delegate and substituting therefore “Director of Building and Community Services/Chief Building Official”.

7. THAT By-law No. 2021-33, Schedule “D”, Section – Roadways be amended by adding the following:

#	Delegation	Delegate(s)	Legislative Authority	Conditions/Restrictions
12	Private Utility and Alternative Locate Agreements	Director of Infrastructure and Development Services

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS section 23.1 of the Municipal Act, 2001, S.O. 2001, c.25 (the Act) authorizes a municipality to delegate its powers and duties to a person or body, subject to certain restrictions;

AND WHEREAS section 224(d) of the Act states it is the role of Council to ensure that administrative practices and procedures are in place to implement the decisions of Council;

AND WHEREAS section 227 of the Act states it is the role of officers and employees of the municipality to; (a) implement Council’s decisions and establish administrative practices and procedures to carry out Council’s decisions; and (c) carry out other duties under this or any other Act and other duties assigned by the municipality;

AND WHEREAS the Council of the Corporation of the Township of Southwold has identified certain routine administrative functions to be delegated to staff to improve daily business efficiencies while continuing to adhere to the principles of accountability and transparency;

AND WHEREAS the Council of the Corporation of the Township of Southwold enacted By-Law No. 2007-85 which included Schedule ‘F’ related to the delegation of administrative duties;

AND WHEREAS the Council of the Corporation of the Council of Southwold deems it expedient to repeal Schedule ‘F’ of By-Law No. 2007-85 in its entirety;

NOW THEREFORE BE IT RESOLVED that the Council for the Township of Southwold hereby enacts as follows:

Table of contents

Part I - Short Title

Part II - Delegation Provisions

Part III - Definitions

Part IV - Nature and Scope of Delegation of Powers and Duties

Part V - Appointment of Signing Officers

Part VI - General

Part I – Short Title
1. THAT this By-law may be referred to as the “Delegation of Authority By-law”.

Part II – Delegation Provisions
2.1 Council delegates the powers, duties, and restrictions thereto as set out in the Schedules appended hereto, to those officers, employees or committees therein listed;

2.2 Notwithstanding the foregoing, Council retains the authority to make or reconsider, at any time and without notice, revoke any delegated power that has been delegated pursuant to this By-law;

2.3 Except as otherwise required by law, should any position identified in this By-law with delegated powers or duty be vacant, or no longer exist within the Corporation, the powers and duties of that position may be exercised by a person deemed to have authority of the position until such time as the position is either no longer vacant, or a new delegation for the corresponding delegated power or duty is approved;

2.4 Where the exercise of a delegated authority requires an expenditure of money, funding for the expenditure shall be included in an approved budget and all relevant requirements of the Township of Southwold procurement by-law in effect at the time of the expenditure shall be followed;

2.5 Where delegated authority includes execution of an agreement, the agreement shall be approved by the Chief Administrative Officer, the Department Head, and/or legal counsel prior to its execution;

2.6 All relevant By-laws and Resolutions of The Corporation of the Township of Southwold shall apply to the exercise of delegated authority, as authorized by this By-law, or any associated standalone delegation of authority By-law;

2.7 Council hereby confirms that it is of the opinion that all legislative powers under any Act delegated to an officer or an employee of the Corporation are minor in nature, within the meaning of Subsection 23.2(4) of the Municipal Act, S.O. 2001, c.25.

Part III – Definitions
3. For the purposes of this By-law:

“Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;

“Approval” includes authority to sign for approval and execute an agreement, contract, release, waiver, application or document intended to bind the Corporation and includes any renewal, amendment or termination thereof, and

“Approve” has a corresponding meaning;

“By-law” means this by-law and includes its Schedules;

“CAO/Clerk” means the Chief Administrative Officer/Clerk for the Township of Southwold;

“Chief Building Official” or “CBO” means the Chief Building Official, as duly appointed by by-law;

“Fire Chief” means the Fire Chief for the Township of Southwold, as duly appointed by by-law;

“Corporation” means The Corporation of the Township of Southwold;

“Council” means the elected Council of The Corporation of the Township of Southwold;

“Department” means a Department with a manager;

“Delegation of Powers Policy” means a policy that has been approved by Council in accordance with section 270(1)6 of The Act;

“Legal Proceeding” means any court or administrative tribunal proceeding commenced by, or against, the Township;

“Treasurer” means the Treasurer of the Township of Southwold, as duly appointed by by-law.

Part IV – Nature and Scope of Delegation of Powers and Duties

4.1 The authority to approve a matter as contained in any Schedule hereto appended is hereby delegated to the person or persons set out in Column 2 therein and shall be subject to any conditions or restrictions as contained in Column 5;

4.2 Where authority to approve a matter is delegated to any person under this by-law, the Chief Administrative Officer may also exercise that authority. Delegation of approvals includes the position’s designate (i.e. Foreman for Public Works Superintendent, etc.) for time sensitive matters when the delegate is unavailable or unable to act.

4.3 Despite any provision of this by-law, a delegate shall not approve any matter or execute any document unless the transaction or activity to which the matter or document relates has been approved by Council, and shall be deemed to be approved where such transaction or activity:

a) is included in the annual budget as adopted by Council; or
b) is included in a program, project or activity which has been approved by Council; or
c) is reasonably incidental to the authority given to the Chief Administrative Officer or Managers, as the case may be, to carry out their duties and responsibilities on behalf of the Township;

4.4 No provision of this By-law shall be construed as waiving any provision of the Procurement By-law, as may be amended from time to time, and the Procurement By-law shall continue to apply to the procurement of goods and services on behalf of the Township;

4.5 Notwithstanding the foregoing, Council retains the authority to make or reconsider, at any time and without notice, revoke any delegated power that has been delegated pursuant to this By-law.

Part V – Appointment of Signing Officers
5.1 The Mayor and the Township CAO/Clerk or their designates are hereby appointed signing officers of the Township and may jointly execute any document on behalf of the Township, unless specifically provided for in the Schedules appended.

Part VI – General
6.1 Any reference to legislation, regulations or By-laws in this By-law shall be interpreted to include all amendments and any successor legislation thereof;

6.2 In the event that any provision or part of this By-law is found to be invalid for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the By-law and all other provisions or parts thereof shall remain in full force and shall be valid;

6.3 In the event of any inconsistency between this By-law and any other Township By-law the more restrictive provision shall prevail to the extent of the inconsistency;

6.4 Throughout this By-law

(i) the term “including” or the phrases “e.g.,” or “for example” shall be interpreted to mean “including, without limitation”;

(ii) the singular includes the plural and vice-versa; and

(iii) any gender includes any other gender, unless the context requires otherwise;

6.5 Schedule “F” of By-Law 2007-85 is hereby repealed in its entirety.

6.6 This By-law shall come into force and take effect on the date of passing.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME, AND FINALLY PASSED THIS 10th DAY OF MAY, 2021.

____________________________________ ____________________________________

Mayor Grant Jones Clerk Lisa Higgs

Schedule "A" - Delegation Corporate Administration
#	Delegation	Delegate(s)	Legislative Authority	Conditions/Restrictions
1.	Approve execution of agreements for acquisition/disposition of temporary and permanent easements as required for approved capital projects or other municipal purposes, together with such other documents as may be required in connection with such acquisitions provided value of consideration does not exceed $25,000	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C. 25, as amended, s 23.1 and 270(1)	Terms and conditions of such agreements and related documents must be acceptable to independent solicitor advice.
2.	Develop, approve and implement administrative policies, procedures and practices in the exercise of authority under section 229 of the Act.	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C. 25, as amended, s 23.1	Consultation and/or Delegation to Appropriate Department Manager
3.	Pay Equity Adjustments, Grid Movement Approvals	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C. 25, as amended, s 23.1	Consultation with Accounting Clerk, Treasurer and Appropriate Department Manager
4.	Negotiate and settle claims against the municipality within insurance deductible limit	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C. 25, as amended, s 23.1	Consultation with Treasurer and Appropriate Department Manager
5.	Declaration of Internal Conflicts relating to Human Resources, Staff Code of Conduct, and Legal Issues	Chief Administrative Officer/Clerk
6.	Approval of all emergency expenditures deemed essential to mitigate the emergency incident.	Chief Administrative Officer/Clerk		Consultation with Community Emergency Management Co-Ordinator and Treasurer.
7.	Signing Authority for Agreements Under By-law and/or Pursuant to Tender Awards	Mayor/Chief Administrative Officer/Clerk		All Agreements Authorized by Municipal By-law; Affix Corporate Seal; Two Signatures Required Note: Deputy Mayor in Absence of Mayor; Treasurer/Deputy Clerk in Absence of CAO/Clerk.
8.	Returning Officer, Responsible for Administration of all Municipal General Elections and All By- Elections for the Township of Southwold	Chief Administrative Officer/Clerk	Municipal Elections Act, 1996, S.O. 1996, c. 32	Prepare and update forms and written procedures for all components of conducting an election.
9.	Designate an event as event of municipal significance for purpose of prescribing it as a special event occasion where an application has been made.	Chief Administrative Officer/Clerk	Liquor Licence Act R.S.O. 1990, c. L. 19	Compliance with all applicable AGCO Regulations; Consultation with applicable Township approvals for licensing.
10.	Issuance of “Letters of No Objection” for temporary liquor licence extensions.	Chief Administrative Officer/Clerk	Liquor Licence Act R.S.O. 1990, c. L. 19	Consultation with applicable Township Departments.
11.	Issuance of Lottery Licenses	Chief Administrative Officer/Clerk	Criminal Code (Canada) Order-in-Council 1413/08 Gaming Control Act, 1992	Compliance with all applicable AGCO Regulations. Associated Policy Defines Criteria, S203-05.
12.	Records Management Oversight	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C. 25, as amended, s. 254	Compliance with Township Records Management By-Law and associated policies
13.	Freedom of Information and MFIPPA Co-ordinator; All powers and duties under said Act	Chief Administrative Officer/Clerk	Municipal Freedom of Information and Protection of Privacy Act,
14.	By Virtue of Office: Division Registrar Commissioner of Oaths Marriage Officiant, Licensing of Marriage	Chief Administrative Officer/Clerk	Commissioner for Taking Affidavits Act, R.S.O. 1990, c. C. 17 Marriage Act, R.S.O. 1990, c. M. 3 Vital Statistics Act, R.S.O. 1990, c. V.4	Licensing of Marriage & Marriage Officiant as Authorized by By- law) Commissioner of Oaths – CAO/Clerk, Treasurer, & Deputy Treasurer by Virtue of Office
15.	Processing & Approval of Livestock Valuation Claims	Chief Administrative Officer/Clerk	OMAFRA’s “The Ontario Wildlife Damage Compensation Program”	Follows recommendation of report of livestock evaluator and OMAFRA approval
16.	Mediate and settle proceedings at the Assessment Review Board and Execute Minutes of Settlement of Assessment Review Board	Treasurer; Consultation with Tax consultant (if available)		MoS must be in best interest of the Township, in opinion of Treasurer
17.	Approval of Tax and/or Water Write-Offs and Increases relating to gross manifest errors.	Treasurer
18.	Authority to enter into agreements with the Municipal Property Assessment Corporation (MPAC) for electronic download of property assessment information.	Treasurer		Treasurer may consult with legal counsel if required
19.	Authority to enter into recurring annual agreements with respect to continuance of technical software support services, and or data license agreements, subject to annual review and budget approval.	Treasurer		Review with IT Consultant (Malahide staff) for clarifying information as required.
20.	Register any instrument on behalf of the Township against the title to lands in which the Township has an interest	Chief Administrative Officer/Clerk	Land Titles/Registry Act	Review with Township solicitor
21.	Approve the release and conveyance of reserves of land held for purposes of development control and not exceeding 300 mm (one foot) in width, to the holder in fee simple of properties abutting upon the reserves of land to be released and conveyed for nominal consideration.	Chief Administrative Officer/Clerk	Land Titles/Registry Act	Consultation with Township solicitor required. Report to Council at next available meeting required.
22.	Approve execution of agreements for the amendment, extension, renewal, and/or revival of leases and licenses on substantially the same terms and conditions of the original agreements	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C. 25, as amended, s 23.1 and 270(1)
23.	Retain external counsel, any expert or other person to assist in an actual or potential action or other legal proceeding or to obtain legal advice on behalf of the Township.	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C.25, as amended, section s 9, 11 and 23.1	Cost or retainer shall fall within approved budget. Outside of budget requires report to Council.
24.	Accept service of any legal document on behalf of the Township.	Chief Administrative Officer/Clerk	Rules of Civil Procedure; or Municipal Act, 2001, S.O. 2001, C.25, as amended, section s 9, 11 and 23.1
25.	Issue Charitable Donation Tax Receipts ^2022-56	Treasurer

Schedule "B" - Delegation of Powers and Duties Community Planning and Development
#	Delegation	Delegate(s)	Legislative Authority	Conditions/Restrictions
Planning
1.	Approve Site Plan Control Agreements*	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	*Approval pertains only to Agreements where application is in full compliance with Zoning By-law. ~~Council still has authority over site plan where zoning amendment is required.~~^2022-56
2.	Amendments to Site Plan Agreements*	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	*Approval pertains only to Agreements where application is in full compliance with Zoning By-law. Council still has authority over site plan where zoning amendment is required.
3.	Approve minor amendments to Subdivision Agreements (non-financial; conditions)	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	A follow-up report must be brought before Council at the next available meeting.
4.	Authority for Development Agreements for Temporary Second Dwelling Units	Chief Administrative Officer/Clerk		Agreements acceptable to Chief Building Official
5.	Take all steps necessary to respond to appeals filed with the Local Planning Appeal Tribunal in accordance with Council and Committee of Adjustment Decisions, including retention of external lawyers and experts, as required, and filing or responding to procedural matters as deemed necessary.	Chief Administrative Officer/Clerk	Municipal Act, 2001, S.O. 2001, C.25, as amended, section 23.1	In consultation with Township Planner and legal counsel.
6.	Planning Application Completeness	Planner	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	Subject to concurrence from the CAO/Clerk and Director of Infrastructure and Development ^2022-56
7.	Parking Exemption Agreement	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)
8.	Minor Variance Agreements	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)
9.	Consent Agreements	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)
10.	Severance (Consent) and Validation of Certificate Applications – Comments and Clearances to the County of Elgin	Planner	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	Subject to concurrence from the CAO/Clerk and Director of Infrastructure and Development ^2022-56
11.	Extensions Requests to Draft Plan Approvals for Subdivision/Condominium – comments to the County of Elgin	Planner	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	Subject to concurrence from the CAO/Clerk and Director of Infrastructure and Development ^2022-56
12.	Garden Suite Agreements	Chief Administrative Officer/Clerk	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	Subject to concurrence from the CAO/Clerk and Director of Infrastructure and Development ^2022-56
13.	Telecommunication Towers – Letter of Concurrence	Planner	Radio communications Act
14.	‘Red-line’ revisions to Draft Plan of Subdivision/Condominium – Comments to the County of Elgin	Planner	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)
15.	Model Home Agreements required for sales and display where permitted by zoning regulations and contemplated by Development Agreement	Chief Administrative Officer/Clerk
16.	Municipal Clearances to the County of Elgin with respect to Draft Plan Approval to facilitate registration upon fulfillment of conditions	Planner	Planning Act, R.S.O. 1990, c. P. 13, s. 5(1)	Subject to concurrence from the CAO/Clerk and Director of Infrastructure and Development ^2022-56
17.	Archaeological Monitoring Services Agreements, Archaeology Field Liaison Agreements and similar such agreements ^2022-56	Director of Infrastructure and Development Services
Building Division
1.	Authority to enter into Conditional Building Permit Agreements	Chief Building Official	Building Code Act, 1992, S.O 1992, c. 23	Agreement template reviewed by Township Solicitor and approved by Chief Administrative Officer/Clerk
Drainage
1.	Approval of Drainage Reapportionment	Drainage Superintendent	The Drainage Act R.S.O. 1990, c. D. 17, s. 65 (2)	Annual report brought to Council containing listing of all drains reapportioned for year.

Schedule "C" - Delegation of Powers and Duties Fire and Emergency Services
#	Delegation	Delegate	Legislative Authority	Conditions/Restrictions
Fire and Emergency Services Division
1.	Enter into Fire Service Agreements for provision of fire protection services to lands located outside Southwold or receive services from a fire department located outside of Southwold	Fire Chief		Agreement acceptable to Township Solicitor. Report to Council required.
2.	Activate an emergency plan and implement municipal emergency control group notification	CEMC		Decision to be made in accordance with Township Emergency Plan. Mayor and CAO advised as soon as possible.
3.	Enter into agreements for mutual or automatic aid management operations or emergency response outside scope of Emergency response such as but not limited to CBRNE, Hazmat, confined space, high angle rescue.	Fire Chief		Agreement acceptable to Township Solicitor. Report to Council.
4.	Execute agreements for emergency management and emergency response for services such as Red Cross, Transit, Ontario Provincial Police, etc.	Fire Chief		Agreement acceptable to Township Solicitor. Report to Council.
5.	Authority to take all proper measures for prevention, control and extinguishment of fires and protection of life and property and shall exercise all powers mandated by legislation.	Fire Chief	Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
6.	Approval and signing authority to execute agreements and documents to provide fire and public safety training, facility and equipment rentals, and other related fees for services to external clients.	Fire Chief

Schedule "D" - Delegation of Powers and Duties Public Works
#	Delegation	Delegate	Legislative Authority	Conditions/Restrictions
Beautification
1.	Authorization to close municipal parks due to seasonal restrictions, inclement weather, and emergencies which could affect the health and well-being of the community	~~Public Works Superintendent~~ ^2022-56 Director of Building and Community Services/Chief Building Official ^2022-56
2.	Authorization to manage and perform maintenance, removals, and planting of trees within the Township’s right-of-way and property	Public Works Superintendent
Cemeteries
1.	Authorization to control and manage each cemetery under the jurisdiction of the Township of Southwold subject to the requirements and regulations set out in the Cemeteries Act.	~~Public Works Superintendent~~ ^2022-56 Director of Building and Community Services/Chief Building Official ^2022-56	Cemeteries Act
Roadways
1.	Authority to execute applications for new entrance permits and culvert installations; provide written confirmation to applicant of diameter of culvert required	Public Works Superintendent	Municipal Act, By-law and Fee Schedule
2.	Issuance of Road Occupancy Permits and Municipal Consent for utility maintenance and works within road right-of-way, and/or for Special Event Road Closures	Public Works Superintendent	Utility/Occupancy Agreements	Report to Council for Special Events.
3.	May temporarily close any highway or portion of a highway: A) For construction, repair or improvement of the highway or portion of the highway, or construction or repair of any works, under, over, along, across, or upon the highway or portion of highway; B) Social, recreational, community, athletic or cinematographic purpose, or combination thereof; C) For any request under emergency services; D) For construction purposes when public safety may be impacted	Public Works Superintendent	Highway Traffic Act, R.S.O 1990, c. H.8
4.	Designate construction zones where municipal permit involves construction or repair of a highway or works near a highway, including authority to designate a lower rate of speed for vehicles traveling in construction zones.	Public Works Superintendent	Highway Traffic Act, R.S.O 1990, c. H.8
5.	Agreements, including cost sharing agreements between the Township of Southwold and Local Area Municipalities, regarding road construction and/or road maintenance.	Public Works Superintendent		Report to Council.
6.	Temporary Reduction or Lifting of Load Limits on Highways, including designation of alternate routes where applicable.	Public Works Superintendent
7.	Authority to declare a significant weather event in order to extend the response time to achieve Minimum Maintenance Standards	Public Works Superintendent	Ontario Regulation 239/02 minimum Maintenance Standards for Municipal Highways
8.	Authority to provide reciprocal assistance to Public Works Departments in other Local Area Municipalities	Public Works Superintendent	Mutual Aid Agreement between Local Area Municipalities
9.	Private Utility and Alternative Locate Agreements ^2022-56	Director of Infrastructure and Development Services
Water and Wastewater
1.	Authority to sign applications to the Ministry of Environment and Conservation & Parks on behalf of the Township of Southwold	Chief Administrative Officer/Clerk	Ontario Water Resources Act	Following consultation with the Township engineer.