| THE REGIONAL MUNICIPALITY OF PEEL |
| BY-LAW NUMBER 44-2006 |
|
A by-law
to amend By-law 39-2001, being a by-law governing the execution of documents
on behalf of The Regional Municipality of Peel.
|
WHEREAS the Council of the Regional Municipality of Peel ("Regional Corporation") on December 6, 2001 enacted By-law 39-2001, being a by-law governing the execution of documents on behalf of The Regional Municipality of Peel;
AND WHEREAS the Council of the Regional Corporation has by resolution adopted on September 14, 2006 authorized the enactment of the by-law herein to amend By-law 39-2001;
NOW THEREFORE the Council of the Regional Corporation enacts as follows:
1. By-law 39-2001 is hereby amended by deleting Schedule 1 thereof and replacing it with the amended Schedule 1 attached hereto.
2. Bylaw 39-2001 is further amended as follows:
(1) The definition of "document" in section 1.1 is hereby amended by adding the word "agreement" immediately following the word "contract".
(2) The words "document Execution record" in section 1.3 are hereby deleted and replaced with the words "Document Execution Record".
(3) Section 3.2 is hereby amended by deleting subparagraph (b) and replacing it with the following:(b) Every signing officer shall ensure that his or her name and title is legibly printed beneath his or her signature provided that the title of the signing officer may be abbreviated or truncated or stated as authorized signing officer.
(4) Section 3.3 is hereby amended by deleting subparagraph (a) and replacing it with the following:
(a) Where a by-law authorizes the acceptance or execution of a contract or the making of an offer that upon acceptance becomes a contract, in addition to the execution of such acceptance, contract or offer, the signing officers, or any other officers or employees of the Regional Corporation who are expressly or by necessary implication authorized in the contract, are hereby authorized to execute all documents required by the terms of the contract that are necessary to perform the contract or carry out the Region's obligations under it and any such by-law shall be deemed to include such authority.
(5) Section 3.3 is hereby amended by adding the following subparagraph:
(f) Where a document is authorized to be executed pursuant to Schedule 1 of this by-law, the authorized signing officers indicated in column 2 of Schedule 1 shall include the officers or employees holding the designated offices at the time that the document is presented to them for signing and, in the event that the title identifying the authorized signing officers has changed, then the officers and employees whose duties and responsibilities include those of the listed signing officers shall be authorized to sign the document.
(6) Section 4.1 is hereby amended by deleting subparagraph (b) and replacing it with the following:
(b) undertakings, certificates, statements, declarations, notices of election under the Expropriations Act and other documents, required for the completion of any transaction involving the acquisition, purchase, sale or exchange of any interest in land, but not including agreements of purchase and sale, deeds and transfers, leases and agreements to lease except to effect registration where the transaction is otherwise authorized.
(7) Section 4.1 is hereby further amended by adding the following subparagraphs:
(d) receipts, releases, minutes of settlement, consents and other documents required for the settlement or compromise of any claim, action, application or other proceeding brought or made by or against the Regional Corporation, acting as Delivery Agent under the Ontario Works Act, in relation to support for a recipient of Ontario Works and/or support arrears owed to the Regional Corporation as support assignee;
(e) directions and assignments (including assignments of support orders, assignments of insurance proceeds and assignments of other benefits and sources of income), in favour of the Regional Corporation acting as Delivery Agent under the Ontario Works Act, and Agreements to Reimburse the Regional Corporation acting as Delivery Agent under the Ontario Works Act;
(f) agreements between the Regional Corporation acting as Delivery Agent under the Ontario Works Act, and a person who has a legal obligation to provide financial support to a recipient of Ontario Works, regarding the recovery of income assistance paid for the benefit of the Ontario Works recipient from that person;
(g) occupancy Agreements with occupants of transitional housing units owned or leased by the Regional Corporation;
(h) contracts of employment (whether by letter or other formal document) but not including collective agreements and amendments thereto and contracts of employment for the position of Commissioner or Chief Administrative Officer; and
(i) agreements arising from the interpretation, application, administration or alleged violation of collective agreements, but not including minutes of settlement for matters referred to arbitration or letters of understanding.
(8) Section 4.2 is hereby amended by deleting subparagraph (d) and replacing it with the following:
(d) the Council resolution number or the by-law number, or the section number under Schedule 1 of the by-law herein, under which execution is authorized;
(9) Section 4.5 is hereby deleted and replaced with the following:
4.5 An executed original of all documents shall be kept by the initiating department unless otherwise directed by the Regional Clerk.
(10) Section 4.8 is hereby added to By-law 39-2001:
4.8 The execution of any documents by the Commissioner of Corporate Services and Regional Solicitor shall not be deemed to be any representation or statement that the document has been approved or reviewed by the Regional Solicitor or any Legal Counsel employed by the Regional Corporation.
3. This By-law takes effect on October 16, 2006.
READ THREE TIMES AND PASSED IN OPEN
COUNCIL this 14th day of September, 2006.
| A.
Macintyre ________________________ Deputy Clerk |
E.
Kolb ______________________ Regional Chair |
Schedule "1" to By-law Number 44-2006
Schedule 1 to By-law Number 39-2001, as amended
by By-law 44-2006
Being a By-law Governing the Execution of Documents
on behalf of The Regional Municipality of Peel
Routine Documents
In addition to the signing officers designated under section 2.1 of this by-law, the documents listed in Column 1 may also be executed by the officers or employees of the Regional Corporation holding the office or position shown opposite in Column 2.
In this Schedule 1, the term "*The Regional Solicitor" includes authorized Legal Counsel employed by the Regional Corporation.
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Section
|
Column 1
Document |
Column 2
Signing Officers |
| Funding | ||
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1.
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Applications to any government, agency or fund for compensation, funding or any form of subsidy related to any Regional programs, operations or capital projects, and subsequent submissions, declarations or representations required for processing the application or the receipt of funds or any Agreements required for the receipt of the funds. | The Commissioner responsible for the program, operation or capital project to which the compensation, funding or subsidy relates |
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2.
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Purchase of Service Agreements with all agencies receiving grants from the Regional Corporation. | The Commissioner responsible for the program for which the agency supplies the service |
| Public Works | ||
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3.
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Documents permitted or required under the Sewer Use By-law in force from time to time including Qualitative Sewer Surcharge Agreements and Program Agreements. | The Commissioner of Public Works or The Director in the Public Works Department responsible for the Sewer Program |
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4.
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Agreements relating to the supply of water or sewer services within the Regional area. | The Commissioner of Public Works |
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5.
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Agreements providing for the control of access, ingress and egress to and from Regional roads. | The Commissioner of Public Works |
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6.
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Agreements, including Cost Sharing Agreements with Peel area municipalities, regarding road construction and/or road maintenance pursuant to projects or programs approved by Regional Council. | The Commissioner of Public Works |
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7.
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Agreements and other documents permitting underground pipe crossings of lands used for gas lines or railway purposes, limited access highways, or hydro corridors, provided that the total consideration to be paid or a reasonable estimate of the cost of the obligations to be incurred by the Regional Corporation, excluding applicable taxes, legal fees and fees of an administrative nature, does not exceed $100,000. | The Commissioner of Public Works |
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8.
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Contracts or agreements for the design, construction, contract administration or the installation of any works or buildings provided that the procurement of the goods and services in question has been approved in accordance with the Purchasing By-law. | The Commissioner of Public Works or The Commissioner of Housing and Property or The Commissioner responsible for the project |
| Real Property | ||
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9.
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Any of the following documents in subsections 9(1) to 9(5) inclusive provided that the total consideration to be paid or a reasonable estimate of the cost of the obligations to be incurred by the Regional Corporation, excluding applicable taxes, legal fees and fees of an administrative nature, does not exceed $100,000 or where a leasehold or land use license is involved $100,000 per annum. | |
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9(1)
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Agreements of purchase and sale and all deeds, transfers and other documents required, for the acquisition, purchase, sale or exchange of any interest in land including, without limitation, easements, rights of first refusal, option agreements and re-purchase agreements. | The Commissioner of Public Works or The Commissioner of Housing and Property or *The Regional Solicitor |
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9(2)
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Agreements and other documents permitting the Regional Corporation or its contractors or agents to enter upon land for any of the purposes of the Regional Corporation or agreements and other documents permitting others or their contractors or agents to enter upon lands of the Regional Corporation. | The Commissioner of Public Works or The Commissioner of Housing and Property |
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9(3)
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Documents permitting encroachment on easements and other lands vested in the Regional Corporation which are not part of a public highway, including encroachment agreements and the assignment, release or termination of encroachment agreements, and the release and abandonment of easements. | The Commissioner of Housing and Property or The Commissioner of Public Works |
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9(4)
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Agreements to lease or license, and leases or licenses of premises required for Regional purposes and agreements to lease or license and leases or licenses of Regional lands or premises to be temporarily disposed and any notice of lease. | The Commissioner of Housing and Property |
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9(5)
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Facility licence or rental agreements for occupancy of space on a short term basis for the purposes of the Regional Corporation, such as staff meetings, public meetings and open houses and for the occupancy of Regional lands or premises on a short term basis by others, such as the use of meeting rooms, the council chambers, motion picture and television locations. | The Commissioner of Housing and Property or The Commissioner or Director responsible for the event |
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10.
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Acknowledgments of the status, term and conditions of any lease under which the Regional Corporation is a tenant and Notices pursuant to the Tenant Protection Act or the Residential Tenancies Act, as amended or replaced from time to time, where the Regional Corporation is the landlord. | The Commissioner of Housing and Property or any Director of Housing and Property |
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11.
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Undertakings, certificates, statements, declarations, notices of election under the Expropriations Act and other documents, required for the completion of any transaction involving the acquisition, purchase, sale or exchange of any interest in land, but not including agreements of purchase and sale, deeds and transfers, leases and agreements to lease except to effect registration where the transaction is otherwise authorized. | The Commissioner of Housing and Property or any Director of Housing and Property or *The Regional Solicitor or Law Clerk authorized by The Regional Solicitor |
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12.
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Consents and Waivers of Notice relating to an application for registration under the Land Titles Act. | The Commissioner of Public Works or The Commissioner of Housing and Property. |
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13.
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Forms under the Land Registration Reform Act for the registration of any documents that have already been executed on behalf of the Regional Corporation. | *The Regional Solicitor or Law Clerk authorized by The Regional Solicitor |
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14.
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Applications on behalf of the Regional Corporation for entry or removal of a notice or caution of any kind, an inhibiting order, reference plan or similar registration of any kind in the Land Registry Office. | *The Regional Solicitor |
| Housing | ||
|
15
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Rent Supplement Agreements with landlords and related tenancy agreements under the Social Housing Reform Act, 2000. | The Commissioner of Housing and Property |
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16.
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Agreements related to the lease, tenancy, occupation, operation and/or management of property used for affordable and transitional housing projects and similar initiatives approved by Regional Council. | The Commissioner of Housing and Property or The Commissioner of Social Services |
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17.
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Agreements accepting the transfer, to the Regional Corporation, of artistic works, records or other items having significance to Peel's heritage, permanently or on loan, where there is nominal or no financial consideration paid by the Regional Corporation for the transfer and any insurance provisions in the Agreement have been approved by the Manager of Risk Management. | The Commissioner of Housing and Property |
| Planning | ||
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18(1)
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Agreements imposed or required in satisfaction of any condition of approval under the Planning Act in connection with the development of land including, without limitation, subdivisions, site plans and rezonings where the Regional Corporation is not the applicant and Releases and Acknowledgments of Compliance pursuant to any such Agreements. | The Commissioner of Planning |
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18(2)
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Applications, submissions, declarations, representations, and agreements imposed or required in satisfaction of any condition of approval under the Planning Act or the Building Code Act or regulations thereto in connection with the development or redevelopment of Regional lands or buildings where the Regional Corporation is the applicant, provided the project has been approved by Regional Council. | The Commissioner of Public Works or The Commissioner of Housing and Property or The Commissioner of Planning |
| Health | ||
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19.
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Agreements for the purchase of services from physicians, nurses and other health care professionals for approved programs of the Health Department. | The Commissioner of Health or The Medical Officer of Health or Associate Medical Officer of Health or any Director in the Health Department or The Administrator of the Regional Long Term Care Facility in which the services are required |
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20.
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Agreements for the provision of personal care services including, but not limited to, aesthetics and hairdressing services, for residents of Long Term Care Facilities operated by the Regional Corporation. | The Administrator of the Regional Long Term Care Facility in which the services are required |
|
21.
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Agreements relating to the admission of persons to Long Term Care Facilities operated by the Regional Corporation, including both permanent and temporary admissions (respite). | The Commissioner of Health or The Director of Long Term Care or The Administrator of the Long Term Care Facility to which the person is being admitted |
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22.
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Financial assurance agreements for approvals or orders relating to private sewage disposal under the Environmental Protection Act. | The Commissioner of Health |
| Social Services | ||
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23.
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Agreements for the provision of children's services under approved programs of the Social Services Department. | The Commissioner of Social Services or The Director of Children's Services |
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24.
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Agreements for the provision of services to the Regional Corporation in respect of clients under the Ontario Works Program. | The Commissioner of Social Services or The Director of Ontario Works |
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25.
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Occupancy Agreements with occupants of transitional housing units owned or leased by the Regional Corporation. | Ontario Works Program Managers or Supervisors assigned to transitional programs |
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26.
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Agreements between the Regional Corporation acting as Delivery Agent under the Ontario Works Act, and a person who has a legal obligation to provide financial support to a recipient of Ontario Works, regarding the recovery of income assistance paid for the benefit of the Ontario Works recipient from that person. | Staff designated by the Director of Ontario Works as Family Support Workers under the Ontario Works Act |
|
27.
|
Directions and assignments (including assignments of support orders, assignments of insurance proceeds and assignments of other benefits and sources of income), in favour of the Regional Corporation acting as Delivery Agent under the Ontario Works Act, and Agreements to Reimburse the Regional Corporation acting as Delivery Agent under the Ontario Works Act. | The Manager or a Supervisor of the Revenues Unit of Ontario Works |
|
28.
|
Receipts, releases, minutes of settlement, consents and other documents required for the settlement or compromise of any claim, action, application or other proceeding brought or made by or against the Regional Corporation, acting as Delivery Agent under the Ontario Works Act, in relation to support for a recipient of Ontario Works and/or support arrears owed to the Regional Corporation as support assignee. | Staff designated by the Director of Ontario Works as Family Support Workers under the Ontario Works Act or the *The Regional Solicitor or outside legal counsel retained by the Regional Corporation for this purpose |
| Human Resources | ||
|
29.
|
Contracts of employment (whether by letter or other formal document) but not including collective agreements and amendments thereto and contracts of employment for the position of Commissioner or Chief Administrative Officer. | The officer or employee or any supervisor of the officer or employee of the Regional Corporation to whom the new employee will report |
|
30.
|
Personnel and student placement agreements, secondment agreements and related documents in respect of persons being placed with the Regional Corporation or employees of the Regional Corporation being placed with other organizations, including educational institutions, government or other agencies, where the agreement is approved by *The Regional Solicitor. | The Commissioner, Manager or Director of the officer or employee of the Regional Corporation to whom the person or employee being placed will or does report. |
| Finance | ||
|
31.
|
A purchase order in the form prescribed by purchasing procedures established under the Purchasing By-law. | The Commissioner of Finance and Treasurer or The Director of Financial Services or the Manager of Purchasing or an employee in purchasing authorized by the Manager of Purchasing or any person authorized by the Manager of Purchasing in accordance with an approved delegation of authority under the Purchasing By-law |
|
32.
|
Agreements with banking and financial institutions that are necessary and incidental to Agreements and thereby authorized pursuant to clause 3.3(a) of the Execution of Documents By-law herein. | The Commissioner of Finance and Treasurer |
|
33.
|
Proofs of Loss (interim and final) submitted to the insurer of the Regional Corporation. | The Commissioner of Finance and Treasurer or The Commissioner responsible for the department in respect of which the claim arose |
|
34.
|
Receipts, releases, indemnities, minutes of settlement and other documents required for the settlement or compromise of any claim, demand, action or other proceeding brought or made by or against the Regional Corporation where the proceeds of the settlement do not exceed $100,000 and the document has been approved by *The Regional Solicitor. | The Commissioner of Finance and Treasurer or The Commissioner or Director responsible for the program in respect of which the claim, demand, action or other proceeding arose or *The Regional Solicitor |
| Information and Information Technology | ||
|
35.
|
Agreements for the acquisition, sale, exchange, release or non-disclosure of information or data provided that the requirements of the Municipal Freedom of Information and Protection of Privacy Act, the Personal Health Information Protection Act and the Purchasing By-law have been complied with. | *The Regional Solicitor or The Commissioner or Director responsible for the program, operation or project to which the agreement relates or The Chief Information Officer or The Director of Information and Technology Services |
|
36.
|
Agreements, applications for permits and other documents for the installation of fibre optics telecommunications lines associated with the Public Sector Network either over or under provincial highways or railways in Ontario. | The Chief Information Officer or The Director of Information and Technology Services |
|
37.
|
Software License Agreements for software acquired in accordance with the Purchasing By-law. | The Chief Information Officer |
| Paramedic and Emergency Programs | ||
|
38.
|
Special Event Contracts and Paid Duty Agreements for the provision of Paramedic Services. | The Director of Paramedic and Emergency Programs |
| Loans of Goods | ||
|
39.
|
Agreements for the loan of equipment or other goods, where there is nominal or no financial consideration paid by the Regional Corporation for the loan and provided that any insurance provisions in the Agreement have been approved by the Manager of Risk Management. | The Commissioner of the Department to which the equipment or goods are being loaned |