Legislative History: Adopted December 17, 2007 (By-law No. A.-6151-17); Amended July 24, 2018 (By-law No. A.-6151(w)-421)
Last Review Date: July 25, 2023
Service Area Lead: City Clerk
1. Policy Statement
1.1 This policy establishes the guidelines for City Council when considering the delegation of some of its powers and duties to a person or body.
2. Definitions
2.1 Not Applicable.
3. Applicability
3.1 This policy shall apply to City Council.
4. The Policy
4.1 Applicable Legislation
Section 23.1 of the Municipal Act, 2001 expanded the right of authority for City Council to delegate some of its powers and duties to a person or body.
It should be noted that the intent of Section 23.1 of the Municipal Act, 2001 was to help streamline City Council’s decision-making process and enable it to focus on larger issues in a more strategic manner. Delegation of powers and duties could also be used to enhance community engagement on local issues.
4.2 Powers that may be Delegated
Any delegation of a power or duty shall be in accordance with the Municipal Act, 2001, S.O. 2001 c.25 and any other applicable legislation.
4.3 Process for Delegation
Any delegation of a power or duty shall be by by-law.
4.4 Public Consultation
Prior to delegating any power or duty, City Council may consult with the public when, in its opinion, public consultation is appropriate, unless it is required to do so by law.
4.5 Factors that City Council may Consider
When delegating a power or duty, City Council may consider, without limitation to, any of the following matters:
a.) the term of the delegation;
b.) the conditions or restrictions, if any, on City Council’s power to revoke the delegation;
c.) the conditions or restrictions, if any, to be imposed on the delegate;
d.) whether the power or duty to be delegated will be exercised only by the delegate or by both the delegate and the municipality;
e.) whether the delegation is consistent with the municipality’s policies under section 270 of the Municipal Act, 2001;
f.) the importance and complexity of the power or duty to be delegated and whether the delegate has the requisite qualifications and expertise to exercise the delegated powers and duties.