Delegation of Powers and Duties

Policy number: 2007-06

Effective date: December 17, 2007

Last revision date: December 13, 2021

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1. Purpose
2. Policy

1. Purpose

The Municipal Act, 2001, as amended, (the Act) requires that municipalities adopt and maintain a policy with respect to the delegation of powers and duties by Haldimand County Council (Council).

The establishment of an appropriate framework and corresponding procedures with respect to the delegation of powers and duties will serve to ensure that delegations are made in a manner that ensures accountability and transparency.

2. Policy

Application of the Policy

This policy governs the actions of the Council and municipal staff.

Policy Statement

1. 1. Council, as a duly elected municipal government, is directly accountable to its constituents for legislative decision making, policies and administrative functions.
      
      
   2. In order to ensure the efficient management of Haldimand County and timely response to municipal issues, it is necessary in certain circumstances for Council to delegate powers and duties to committees and staff, while concurrently ensuring that the principles of Accountability and Transparency are maintained.
      
      
   3. Council authority may only be delegated in accordance with the Act.

Delegation of Powers and Duties

1. 1. All delegation of Council powers, duties or functions shall be effected by by-law.
      
      
   2. All delegations shall be made in accordance with the Act and shall respect the restrictions set out therein.
      
      
   3. Prior to consideration by Council of any delegation of any of its powers and duties, a report shall be presented for approval to Council, in accordance with Council’s procedures, respecting the following matters:
      1. • a description of the power or duty proposed to be delegated;
         • a description of the manner in which the power or duty is to be delegated;
         • a description detailing to whom the power or duty is proposed to be delegated;
         • a description detailing the scope of the power or duty to be delegated, including any limitations on the delegated authority;
         • a description of any reporting mechanism Council should consider implementing in conjunction with the delegation of power;
         • a description of any appeal mechanisms associated with the delegation;
         • a description of how the delegation of power may be rescinded by Council.
           
           
   4. The Delegated Authority By-law shall include schedules listing and describing all powers and duties delegated by Council. The schedules shall be updated from time to time, as required.
      
      
   5. Except as may be otherwise explicitly provided for at the time of delegation, a delegation of powers and duties by Council may be withdrawn, restricted or otherwise amended at any time by Council.