THE REGIONAL MUNICIPALITY OF PEEL |
BY-LAW NUMBER 26-2011 |
A by-law to establish a Debt Issuance Committee |
WHEREAS the Municipal Act, 2001 S.O. 2001, c.25 (the “Act”), as amended, provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt;
AND WHEREAS the Act also provides that subject to limitations contained therein, at any time during a fiscal year, a municipality may authorize temporary borrowing, until the taxes are collected and other revenues are received, of the amounts that the municipality considers necessary to meet the expenses of the municipality for the year;
AND WHEREAS subsection 23.2 of the Act provides that a municipality may delegate certain legislative and quasi-judicial powers to a body having at least two members of whom at least 50 per cent are:
(i) members of its council;
(ii) individuals appointed by its council; or
(iii) a combination of individuals described in (i) and (ii);
AND WHEREAS Regional Council wishes to establish a Debt Issuance Committee and delegate to the Debt Issuance Committee the authority to enact by-laws to authorize debentures, financial instruments and financial agreements including for temporary borrowing, promissory notes, bankers acceptances or loan agreements, and for long term borrowing, debentures, and to execute all documents necessary to give effect to the foregoing;
NOW THEREFORE the Council of The Regional Municipality of Peel enacts as follows:
(a) | temporary borrowing for expenses from time to time by way of promissory notes, bankers’ acceptances and loan agreements, to meet the current expenditures of the Regional Corporation in the year of borrowing in accordance with the limitations set forth in the Act. | |
(b) | temporary borrowing for works from time to time, to meet the expenditures made in connection with a work to be financed in whole or in part by the issuance of debentures in accordance with the limitations and for the purposes set forth in the Act. | |
(c) | long term borrowing from time to time by the issuance of debentures, and financial instruments and the entering into of financial agreements in accordance with the debt authority previously provided by Regional Council and in accordance with the Act and its Regulations. | |
(d) | any one or more Regional officers or members of the Debt Issuance Committee may, without limiting the generality of the foregoing, for and on behalf of the Regional Corporation, execute and deliver all agreements in connection with the foregoing including agreements with the Regional Corporation’s Canadian Debt Issuance Syndicate and Banking Group and other financial institutions, governments, government related entities and not for profit corporations and all such other documents and instruments and do all such acts and things as in their opinion may be necessary or desirable in connection with the authorized temporary and long term borrowing and such execution shall be conclusive evidence that such agreements, documents and instruments so executed are the agreements, documents and instruments authorized by such by-laws. For clarification the agreement which establishes the Regional Corporation’s Canadian Debt Issuance Syndicate and which is authorized by the incoming Regional Council shall not be subject to the delegation to the Debt Issuance Committee pursuant to this by-law and shall continue to be authorized by Regional Council. |
READ THREE TIMES AND PASSED IN OPEN COUNCIL this 24th day of February, 2011.
C.Reid ________________________ Regional Clerk |
E. Kolb ______________________ Regional Chair |
Schedule “A”
To By-law Number 26-2011
Procedural By-law Provisions Not Applicable to the Debt Issuance Committee:
Section I. 2.(d),(e),(n);
Section II. 1.(b);
Section III. 4.(b);
Section IV. 3.(e),4,7.(b),(f);
Section V. 4.(a)i,9;
Section VIII. 1.(a),(b),2.(a),3.(f),(g),(l),4.(a)(v),5.