REGIONAL MUNICIPALITY OF PEEL
A by-law to delegate certain powers and duties to officers and employees and to repeal By-law 4-74.
WHEREAS the Council of the Regional Corporation is authorized to enact a by-law to delegate powers and duties under section 23.1 of the Municipal Act, 2001;
AND WHEREAS, Regional Council has approved the adoption of a policy with respect to the delegation of the municipality's powers and duties;
AND WHEREAS, Regional Council deems it appropriate in the interests of efficient and responsive decision making and management of municipal operations to make delegations of powers and duties in accordance with its policy;
AND WHEREAS, Regional Council wishes to supplement certain specific delegations of powers and duties which have occurred under its Execution of Documents By-law, Purchasing By-law, Financial Management By-law and elsewhere by enacting this by-law to authorize and govern more general delegations;
NOW THEREFORE, the Council of the Regional Corporation enacts as follows:
- The policy respecting delegation of powers and duties set out in Schedule A to this By-law is adopted pursuant to section 270 of the Municipal Act, 2001 (the "Act"), forms part of this By-law and shall provide guidance for the interpretation and implementation of this By-law.
- The Chief Administrative Officer is, pursuant to section 229 of the Act, responsible for exercising general control and management of the affairs of the municipality for the purpose of ensuring the efficient and effective operation of the municipality. The Chief Administrative Officer is accordingly delegated all of those powers and duties of the municipality, including its powers of a natural person pursuant to section 9 of the Act, necessary to enable him or her to effectively discharge such responsibilities and duties in accordance with such decisions and directions of the Regional Council as may be made and given from time to time.
- The Chief Administrative Officer shall co-ordinate and supervise the implementation of and ensure the effective administration of all programs and policies initiated and adopted by the Council and of all projects and undertakings initiated by or under his or her own direction within the strategic policy framework adopted or endorsed by the Regional Council.
- For the purposes of discharging his or her statutory responsibilities or exercising authority delegated to him or her under this by-law, the Chief Administrative Officer is authorized to make a determination of the will of Regional Council and of the nature and extent of decisions and directions of Regional Council, which shall be deemed to be conclusive subject only to such clarification, revision, or correction as Regional Council shall itself express by means of informal direction, a resolution or by-law.
- (1) In the case of an emergency where it is necessary in the best interests of the Regional Corporation or in the public interest that an action be taken or a decision made when it is impractical to convene a meeting of Regional Council for the purpose, the Chief Administrative Officer in consultation with the Regional Chair is delegated with all powers and duties of the municipality necessary for the purposes of taking such action or making such decision.
(2) For the purposes of this by-law "emergency" shall have the same meaning as in section 1 of the Emergency Management and Civil Protection Act, and shall also include a situation or an impending situation that constitutes a risk of major proportions of serious harm to the financial interests of the Regional Corporation.
- The Chief Administrative Officer shall report action taken or decisions made in accordance with the delegated emergency authority provided for under this by-law to Regional Council, either at its next regularly scheduled meeting or at an emergency meeting convened by the Regional Chair.
- The Chief Administrative Officer:
(1) Is authorized to recruit and to employ persons permanently in accordance with Regional Council's approved management of complement or on a temporary basis within the limits of Regional Council's approved budget;
(2) Is authorized to promote, demote, suspend, discipline, and terminate the employment of employees who are not statutory officers, including Commissioners;
(3) For the purposes of s.7(2) statutory officers include the Clerk and the Treasurer.
- The Chief Administrative Officer:
(1) Shall advise Regional Council of the hiring and dismissal of all Commissioners, the Regional Solicitor and the Chief Financial Officer;
(2) Is authorized in consultation with the affected Commissioner, the Director of Human Resources and the Regional Solicitor to undertake and conclude collective bargaining with labour unions representing unionized employees, in accordance with Regional Council approved bargaining mandates;
(3) May create positions of employment within the framework of a Regional Council adopted framework of complement management provided that the funding necessary for such positions is available in the approved annual corporate budget;
(4) Is authorized to require and approve leaves of absence of employees with pay, with partial pay or on a without pay basis for the purposes of and to the extent consistent with the sound administration of the Regional Corporation.
- Is authorized to consent on behalf of the Regional Corporation and upon such terms and conditions as she or he deems appropriate, to the use by any other person, corporation, partnership, association or any other body whatsoever of the Regional Corporation's property protected by copyright, trademark or patent, upon determining that the granting of such consent will be in the interests or will not detrimentally affect the interests of the Regional Corporation.
- For purposes properly related to the administration of the Regional Corporation and subject to such limitations as are imposed by law upon access to personal information and personal health information, the Chief Administrative Officer shall have full, free and unrestricted access to all records, reports, information, property and communication with personnel of the Regional Corporation and suppliers of goods and services to the Regional Corporation.
- The Chief Administrative Officer is authorized to implement such changes to the Regional Corporation's organizational structure as in his or her opinion will improve its effectiveness or efficiency provided that:
(i) Changes do not detrimentally impact levels of service to the public;
(ii) The costs of implementing the changes may be met within the annual Regional Council approved budget for the Regional Corporation and will not result in future annual budgetary requirements in excess of those which would have been required under an unchanged organizational structure in any event.
- The Chief Financial Officer is authorized to transfer approved budgeted resources between organizational cost centres of the Regional Corporation in order to effect organizational structural changes authorized by the Chief Administrative Officer pursuant to this By-law.
- The Chief Administrative Officer upon the advice of the Regional Solicitor is authorized to settle claims, whether or not asserted in litigation and to authorize payment in settlement of such claims in an amount not exceeding $500,000. Where the Chief Administrative Officer upon the advice of the Regional Solicitor deems an amount of a claim maintained by the Region of Peel ("Region") not exceeding $500,000 exclusive of interest to be uncollectable in whole or in part, he or she may authorize any or all of the abandonment, settlement or writing off of the claim.
- The Regional Solicitor is authorized to:
(1) Commence, defend and conduct any proceeding before any court, administrative tribunal or other decision-making or advisory body in accordance with instructions received from Regional Council or from officers or employees of the Region having operational responsibility for the subject matter of such proceedings, or on his or her own initiative where necessary to protect, preserve or assert the best legal interests of the Regional Corporation until such time as the matter can be reported to the appropriate instructing authority for consideration;
(2) Without limiting the authority conferred under this or any other by-law, settle any procedural or interlocutory matter (matter not determinative of the rights and obligations of the parties concerning the substantive issues in the proceedings) and to settle the terms of any contract authorized for execution by or under the authority of the Regional Council;
(3) Authorize the payment of any expenses, disbursements or costs reasonably incurred by or awarded against the Region in the course of proceedings;
(4) Take all steps he or she may consider necessary or desirable to enforce orders, decisions, awards and judgments made in favour of the Region;
(5) Appeal and conduct appeals of decisions of courts, administrative tribunals or other decision making or advisory bodies, apply for standing and make applications for judicial review of decisions, provided that any such measures undertaken shall be reported to Regional Council as soon as is reasonably practicable;
(6) Report to Regional Council for the provision of legal advice and for obtaining instructions and direction touching upon the legal affairs of the Regional Corporation;
(7) Take measures on behalf of the Regional Corporation to obtain or maintain copyright, trademark, patent, intellectual property, land registration or other legal protection of the Regional Corporation's real property and personal property rights or interests.
- The delegations of powers and duties under this by-law are non-exclusive and may be revoked by Regional Council without notice.
- The exercise by Regional Council of its authority respecting the powers and duties delegated under this by-law shall take precedence over and supersede their exercise by a delegate, whether or not Regional Council chooses to revoke any such delegation.
- A delegation under this by-law shall operate as a delegation to the person acting in the capacity of the delegate from time to time.
- A delegate of a power or duty may sub-delegate the exercise of the power of the discharge of the duty provided that the initial delegate shall remain responsible to the Regional Council regarding the exercise of the power or discharge of the duty, despite the sub-delegation.
- Save in respect of the exercise by the Chief Administrative Officer of a delegated emergency power under section 5 of this by-law, all expenditures relating to powers delegated under this by-law shall be made only in conformity with the budget process of the Regional Corporation.
- The Regional Clerk shall receive and report to Regional Council at the next regular meeting of the Regional Council held 15 days or later following the complaint, any complaint made in writing to her or him concerning an alleged improper exercise of a power or discharge of a duty delegated pursuant to this by-law. The obligation of the Regional Clerk to report may be discharged by means of a report of the Regional Solicitor for the provision of legal advice concerning the complaint to Regional Council sitting in an in camera session.
- By-law 4-74, as amended, is repealed.
- This by-law may be referred to as the "Regional Delegation of Powers and Duties By-law, 2014".
READ THREE TIMES AND PASSED IN OPEN COUNCIL this 15th day of January, 2015.
Schedule "A" to By-law 1-2015 (pdf)