2020-091THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW 2020-091
A BY-LAW to adopt and maintain a policy with respect to the delegation of the
Corporation of the Town of Tillsonburg’s powers and duties and to repeal By-Law
4017.
WHEREAS paragraph 270(1)6 of the Municipal Act, 2001, S.O. 2001, c. 25 provides
that a municipality shall adopt and maintain a policy with respect to the delegation of its
powers and duties;
BE IT THEREFORE ENACTED by the Council of the Corporation of the Town of
Tillsonburg as follows:
1. Definitions
In this By-Law:
a) "Act" shall mean the Municipal Act, S.O. 2001, c. 25.
b) "Administrative Powers" shall mean those powers that a natural person could
delegate and that relate to the management of the municipal corporation.
c) "Legislative Powers" shall mean those powers that require policy setting and
by-law making.
d) "Officer" shall mean an employee of the Town holding some position of
responsibility or authority.
e) "Policy" shall mean a high-level overall plan embracing the general goals and
acceptable procedures especially of a governmental body.
f) "Procedure" shall mean specific methods employed to express policies in
action in day-to- day operations of the organization.
g) "Quasi-Judicial Powers" shall mean those powers that require judgement and
decision making. These decisions are based less on policy and procedure,
and more on the adjudication of individual rights and duties.
h) "Town" shall mean the Corporation of the Town of Tillsonburg.
2. Powers that cannot be Delegated
Section 23.3 (1) of the Act sets out the specific circumstances in which a
municipality cannot delegate its powers or duties as follows:
2.1. appointing or removing officers of the municipality whose appointment is
required by the Municipal Act (i.e. Clerk or Treasurer);
2.2. imposing taxes;
2.3. incorporating corporations;
2.4. adopting or amending the official plan;
2.5. passing zoning by-laws;
2.6. adopting or amending the municipal budget; and
2.7. other powers or duties as prescribed.
3. Restrictions Regarding Delegation of Legislative and Quasi-Judicial Powers
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Legislative and quasi-judicial powers may only be delegated to the following:
3.1. one or more members of Council or a committee of Council;
3.2. a body having at least two members of whom at least 50 per cent are
members of Council and/or Council appointees; or
3.3. an individual who is an officer, employee or agent of the Town, but only if the
power delegated is of a minor nature.
4. Scope of Power
4.1. All delegations of Council powers, duties or functions shall be effected by by-
law.
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 may be restricted or revoked at any time without notice unless
the delegation by-law specifically limits Council's power to restrict or revoke
the delegation. This limitation to Council's power shall not extend beyond the
term of the current council and will not restrict the power of succeeding
councils to revoke the delegation.
4.4. A delegation may provide that only the delegate can exercise the delegated
power or that both Council and the delegate can exercise the power jointly.
4.5. Where a power is delegated, the power is deemed to be delegated subject to
any limits on the power and to any procedural requirements, including such
conditions, approvals and appeals as Council considers appropriate.
4.6. Council has the authority to establish an appeal body to hear appeals or
review decisions made under a delegated power as per Section 284.1 of the
Act. This includes the power to determine procedures, powers and rules of
those conducting the appeal.
4.7. Unless specifically authorized by statute or regulation, any delegation of
Council decision- making powers and duties to any Board or Committee of
Council shall be authorized by by-law. Such delegated powers and duties, if
any, shall be set out in the terms of reference adopted by Council pursuant to
the Town's Procedure By-law.
5. Authorization of Expenditures
5.1. Council has the ultimate authority for all expenditures. Council delegates this
authority through the authorization of budgets, the purchasing policy or by
specific resolution.
5.2. The Purchasing Policy sets out the authority for Procurement and sets
purchase limits. It also provides direction on the circumstances in which
certain purchasing mechanisms are appropriate (i.e. informal quotes, written
quotes, tender submissions or requests for proposal).
6. Authority to Execute Agreements
6.1. Despite Section 5 (3) of the Act, Section 23.1 (3) provides that Council may
require that the delegate act by by-law, resolution or otherwise.
6.2. Whereas it is desirable and expedient in the conduct of Council's affairs to
delegate certain powers and duties to staff, this policy shall authorize a
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Director to enter into an agreement and shall authorize the Director and the
CAO or Town Clerk to legally bind the Corporation by jointly executing said
agreement without by-law approval if the following criteria are met:
6.2.1. the subject matter is non-financial;
6.2.2. the subject matter is financial or procured in accordance with the
purchasing policy and for which approved operating or capital budget
exists;
6.2.3. the subject matter is of an administrative or operational nature and
relates to the management of the municipal corporation; and
6.2.4. the agreement is for a term not exceeding five (5) years.
7. Town Clerk and Director of Operations
7.1. Planning Agreements
7.1.1. Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council
may, by by-law, delegate any authority, subject to certain restrictions,
to an appointed officer identified in the by- law either by name or
position occupied.
7.1.2. Whereas it is desirable and expedient in the conduct of Council's
affairs in respect to the Planning Act, R.S.O. 1990 Section 30, 41,
50,51 and 53 to delegate certain powers and duties to appointed
officers for the purpose of expediting the execution of certain
agreements, this policy shall authorize the Town Clerk and the Director
of Operations to execute on behalf Of the Corporation of the Town of
Tillsonburg:
7.1.2.1. community improvement plan agreements;
7.1.2.2. development agreements for the purpose of site plan
control;
7.1.2.3. part lot control agreements;
7.1.2.4. severance agreements;
7.1.2.5. easement agreements;
7.1.2.6. pre-servicing agreements; and
7.1.2.7. subdivision agreements.
8. Chief Administrative Officer (CAO)
8.1. Appeal of Planning Decisions to the Ontario Municipal Board
8.1.1. Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council
may, by by-law, delegate any authority, subject to certain restrictions,
to an appointed officer identified in the by- law either by name or
position occupied.
8.1.2. Whereas it is desirable and expedient in the conduct of Council's
affairs in respect to the Planning Act, R.S.O. 1990 to delegate certain
powers and duties to staff, and for the purpose of lodging appeals prior
to the end of an appeal period for a planning application, this policy
shall authorize the CAO, in consultation with the County Development
Planner to appeal the decision of a planning application on the basis of
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sound planning reasons, subject to the appeal being confirmed by
Council at the following Council session.
8.2. Minor Sign Variances – Sign By-Law 3798
8.2.1. Section 23.1 (1) of the Act provides that a municipality may
"delegate its powers and duties under this or any other Act to a person
or body" subject to certain restrictions.
8.2.2. Whereas it is desirable and expedient in the conduct of Council's
affairs to delegate certain powers and duties to staff, and for the
purpose of shortening the time period required to process applications
for Minor Sign Variances, this policy shall authorize the CAO or his/her
designate to consider minor sign variances applications with regard to:
8.2.2.1. Special circumstances or conditions applying to the
property, building or use;
8.2.2.2. Pre-existing special circumstances or conditions not
created by the owner;
8.2.2.3. Sign will detrimentally alter the character of the building,
property or area; and
8.2.2.4. The general intent and purpose of the Sign By-law is
maintained.
8.2.3. Whereas applications that are considered not to be minor in nature
will be considered by Town Council and any minor variance
applications at the discretion of the CAO to be determined not to be
minor in nature will be considered by Town Council for final decision.
8.3. Restricted Acts after Nomination Day (By-Law 3444)
8.3.1. In the event that Council becomes "lame duck" and restricted by the
provisions of Section 275 of the Municipal Act, 2001 in an election
year, the following duties shall hereby be delegated to the CAO:
8.3.1.1. the appointment or removal from office of any officer of the
municipality, except officers whose appointment is required by
the Municipal Act (i.e. Clerk or Treasurer);
8.3.1.2. the hiring or dismissal of any employee of the municipality;
8.3.1.3. the disposition of any real or personal property of the
municipality which has a value exceeding $50,000 at the time of
disposal, if the disposition was not included in the most recent
budget; and
8.3.1.4. making any expenditure or incurring any other liability
which exceeds $50,000, if the liability was not included in the
most recent budget.
8.3.2. Section 275 (6) provides that nothing in the Act "prevents any
person or body exercising any authority of a municipality that is
delegated to the person or body prior to nomination day".
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9. Town Clerk
9.1. Municipal Freedom of Information and Protection of Privacy Act (By-Law
2535)
9.1.1. Section 3 (1) of the Municipal Freedom of Information and
Protection of Privacy Act, 2001, R.S.O. 1990 provides that the
members of the council of a municipality may by by-law designate from
among themselves an individual or a committee of the council to act as
head of the municipality for the purposes of the Act.
9.1.2. Section 49 (1) of the Municipal Freedom of Information and
Protection of Privacy Act further provides that a head may in writing
delegate a power or duty granted or vested in the head to an officer of
the institution.
9.1.3. Whereas it is desirable and expedient in the conduct of Council's
affairs to designate a head for the purposes of the Municipal Freedom
of Information and Protection of Privacy Act and to delegate certain
powers and duties vested in the head to an officer of the corporation,
this policy shall designate the Mayor as head and shall authorize the
Town Clerk or his/her designate to act as head pursuant to the
provisions of the Municipal Freedom of Information and Protection of
Privacy Act.
9.2. Records Retention (By-Law 3933)
9.2.1. Section 3 (1) of the Municipal Freedom of Information and
Protection of Privacy Act, 2001, R.S.O. 1990 provides that the
members of the council of a municipality may by by-law designate from
among themselves an individual or a committee of the council to act as
head of the municipality for the purposes of the Act.
9.2.2. Section 49 (1) of the Municipal Freedom of Information and
Protection of Privacy Act further provides that a head may in writing
delegate a power or duty granted or vested in the head to an officer of
the institution.
9.2.3. Whereas it is desirable and expedient in the conduct of Council's
affairs to designate a head for the purposes of the Municipal Freedom
of Information and Protection of Privacy Act and to delegate certain
powers and duties vested in the head to an officer of the corporation,
this policy shall designate the Mayor as head and shall authorize the
Town Clerk or his/her designate to act as head pursuant to the
provisions of the Municipal Freedom of Information and Protection of
Privacy Act.
9.3. Licensing of Businesses with the Town ofTillsonburg (By-Law 3666)
9.3.1. Whereas Section 150 & 151 (1) of the Municipal Act, 2001, S.O.
2001, c. 25, without limiting the broad powers granted to municipalities
through sections 9, 10 and 11 of the Municipal Act, 2001, c. 25
provides that a local municipality may licence, regulate and govern any
business wholly or partly carried on within the municipality.
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9.3.2. Whereas it is desirable and expedient in the conduct of Council's
affairs to delegate certain powers and duties to staff, this policy shall
authorize the Town Clerk or his/her designate to act as Licensing
Officer for the purpose of issuing a Business License pursuant to the
terms and conditions set out in the current By-Law to govern the
licensing of businesses within the Corporation of the Town of
Tillsonburg.
9.4. Municipal Significant Events
9.4.1. Whereas the Alcohol and Gaming Commission of Ontario (AGCO)
Regulation 389/91 requires that an organization that is not a registered
Charity Organization or does not have a not for profit organization
designation, they must by designated as a 'municipal significant event"
by the municipality in order to obtain a Special Occasion Permit (SOP).
9.4.2. Whereas it is desirable and expedient in the conduct of Council's
affairs to delegate certain powers and duties to staff, this policy shall
authorize the Town Clerk or his/her designate to provide the
designation for the purpose of obtaining a Special Occasion Permit
from the AGCO.
9.5. Site Plan Control (By-Law 3513)
9.5.1. Section 5 (1) of the Planning Act, R.S.O. 1990 provides that Council
may, by by-law, delegate any authority, subject to certain restrictions,
to an appointed officer identified in the by- law either by name or
position occupied.
9.5.2. Whereas it is desirable and expedient in the conduct of Council's
affairs to delegate certain powers and duties to staff, and for the
purpose of shortening the time period required to process applications
for Site Plan Control, this policy shall authorize the Town Clerk and
the County Development Planner to:
9.5.2.1. sign final site plans for the purpose of indicating that final
approval has been granted by the approval authority and is
acceptable for registration purposes;
9.5.2.2. grant extensions of site plan approval; and
9.5.2.3. change the conditions of site plan approved plans and draft
approved site plans.
10. Director of Operations
10.1. Encroachment on Municipal Land (Policy Aug 12, 2013 Council Resolution)
10.1.1. Whereas it is desirable and expedient in the conduct of Council's
affairs in respect of encroachments on Municipal land to delegate
certain powers and duties to appointed officers for the purpose of
expediting the execution of certain agreements, this policy shall
authorize the Director of Operations and the Town Clerk to approve
and jointly execute on behalf of the Corporation of the Town of
Tillsonburg encroachment agreements for the purpose of allowing
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certain encroachments on town owned land for a determined period of
time. In addition, The Director of Operations or his/her designate shall
be authorized to approve temporary encroachment permits on
municipal land for a short period of time.
10.2. Temporary Road Closures
10.2.1. Whereas it is desirable and expedient in the conduct of Council's
affairs to delegate certain powers and duties to staff, this policy shall
authorize the Director of Operations or his/her designate to temporarily
close a road or any part of it under the jurisdiction of the Town for any
period.
10.2.2. Such a temporary road closure is appropriate in the following
circumstances:
10.2.2.1. during construction, repair or improvement of the road or
any works under, over, along, across or upon it, where the
construction, repair or improvement is initiated either by the
Town or a utility company with a statutory right of access or an
access agreement with the Town allowing occupancy of the
highway OR where it is privately initiated by other than a utility
company with a statutory right of access or an access
agreement with the Town allowing occupancy of the highway
but only for a period not exceeding 21 days;
10.2.2.2. where, in the opinion of the Director of Operations or
his/her designate, environmental factors such as, but not limited
to, flooding of the road, erosion of the roadbed, trees or tree
limbs fallen across or along the road, or other material lying or
being upon the road, would present a hazard to the traveling
public;
10.2.2.3. to facilitate a social, recreational, community, athletic, or
cinematographic event, or any combination of them where the
organization requesting the event accepts the responsibility for
establishing suitable detour roads, erection and removal of
barricades and signs, maintenance and restoration of detour
roads and all associated costs, provide $5,000,000.00 liability
insurance naming the Town as an additional insured, and holds
the Town harmless from any action or cause or style of action;
or
10.2.2.4. to facilitate the movement of an oversized load.
By-Law 2020-091
11. THAT By-Law4017 is hereby repealed.
12. THAT this By-Law shall come into full force and effect upon passing .
SECOND TIME THIS 14th day of SEPTEMBER, 2020 .
AND FINAL TIME AND PASSED THIS 14th day of SEPTEMBER,
TOWN CLERK -Michelle Smibert
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