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Report To: General Government Committee
Date of Meeting: June 3, 2024 Report Number: LGS-026-24
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary-Anne Dempster, CAO
File Number:
Resolution#: GG-107-24
By-law Number:
Report Subject: Delegation of Authority By-law
Recommendations:
1.That Report LGS-026-24, and any related delegations or communication items, be
received;
2.That the draft Delegation of Authority By-law, attached to Report LGS-026-24, as
Attachment 2, excluding the columns titled “Recommended Action” and “Notes”, be
approved; and
3.That the following be rescinded and replaced with the delegation of authority within
the draft by-law:
The Council approval of Resolution #GG-077-23 from March 20, 2023,
regarding the authority to enter into Defibrillator Program Agreements;
The Council approval of Resolution #GG-201-23, from December 4, 2023,
regarding the authority to execute any future amendments to the trail Licence
Agreement required to accommodate the operational needs of either Ontario
Power Generation or the Municipality;
The last paragraph of Resolution #C-190-15, from June 1, 2015, regarding
the authority to appoint private parking enforcement officers;
4.That the Flag Protocol Policy and Proclamation Policy be updated to refer to the
Delegation of Authority By-law;
5.That all interested parties listed in Report LGS-026-24, and any delegations be
advised of Council’s decision.
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Report Overview
This report provides an overview of the legislative framework and authority for delegation of
certain Council powers and duties to designated Staff. Additionally, this report provides
Staff’s recommended approach to consolidate, and update, Council’s delegation of authority
to Staff, to allow Council to decide on approving a Delegation of Authority by-law.
1. Background
Legislative Authority
1.1 Recognizing the challenges inherent in the municipal decision-making process, the
provincial government introduced amendments to the Municipal Act, 2001 , in 2006, to
allow Council to delegate certain routine powers and duties to designated staff. The
legislative amendments were also intended to help further the ability of municipalities to
exercise natural person powers and demonstrate maturation as a responsible,
accountable, and transparent order of government.
1.2 Subsection 23.1 of the Municipal Act authorizes:
“a municipality to delegate its powers and duties under this or any other Act to a
person or body subject to the restrictions set out in this Part.”
1.3 Subsection 270(1) 6 of the Municipal Act states that:
“a municipality shall adopt and maintain policies with respect to the delegation of
its powers and duties.”
1.4 There are some powers that Council cannot delegate (such as Section 34.1 of the
Planning Act related to requesting that the Minister make, or amend an order). See also
Attachment 1 for details, from the Municipal Act, on restrictions.
1.5 This discretionary authority to delegate enables a Council to delegate its various
legislative and quasi-judicial powers and duties "subject to any limits ... and to any
procedural requirements, including conditions, approvals, and appeals".
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1.6 Other legislation explicitly states that the Municipality/Council can delegate authority.
For instance, section 5 of the Planning Act states that:
“where the Minister has delegated any authority to a council under section 4,
such council may, in turn, by by-law, and subject to such conditions as may have
been imposed by the Minister, delegate any of such authority, other than the
authority to approve official plans or the authority to exempt from approval plans
as official plans or amendments to official plans, to a committee of council or
to an appointed officer identified in the by-law either by name or position
occupied and such committee or officer, as the case may be, has, in lieu of
the Minister, all the powers and rights of the Minister in respect of such delegated
authority and shall be responsible for all matters pertaining thereto including the
referral of any matter to the Tribunal.”
1.7 It is worth noting that any delegation by Council is non-exclusive (i.e. Council can still
exercise the power) and revocable at any time by resolution of Council.
1.8 Council may choose to delegate administrative powers and duties to:
Individuals (including Staff);
Committees of Council;
Local Boards;
Municipal Service Boards; or
Municipal Service Corporations (but not legislative or quasi-judicial powers).
1.9 Council may choose to delegate legislative and quasi-judicial powers and duties to:
One, or more Members of Council; or
A Council Committee;
A body, having at least two members, of which at least half are Council
members, Council appointees, or combination of Council Members or Council
appointees;
An individual who is an officer, employee, or agent of the Municipality (if the
power delegated is of a “minor nature” as it applies to legislative powers).
Purpose of a Delegation of Authority By-law
1.10 The purpose of the Act’s enabling provision is to permit Council to focus on larger
issues facing the municipality and permit routine matters to be delegated to achieve
efficiencies for Council and the general public.
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1.11 A delegation of authority by-law is used to:
provide clarity to Staff on who is responsible for decision-making and signing
authority;
help streamline Council's decision-making process and enable it to focus on
larger issues more strategically;
provide authority of Staff to deal with routine matters which are currently
being brought before Council to improve the efficiency of Council’s decision-
making processes;
provide a transparent outline of the duties being carried out by Staff on behalf
of Council;
future-proof against changes in governance and staff titles;
provide good governance and demonstrate accountability and transparency
for items that are operational; and
provide the public with a better understanding of the Municipality’s decision -
making and approval process.
1.12 Several factors affect the efficiency of Council's decision-making processes, including
the volume of the Municipality’s growth, planning, and infrastructure matters;
administrative efficiencies in the production and review of Council reports; changes to
the organization; legislative constraints in the authorities and responsibilities of Council
and Municipal Staff; the complexity of stakeholder input; and the organization,
preparation, scheduling, rules, and conduct of meetings.
Clarington’s Current Delegation of Authority
1.13 Over the years, Council has delegated certain functions to Staff via resolution, policy,
and by-laws.
1.14 Clarington has not had a fully consolidated “delegation of authority by-law”, but there
are many by-laws, resolutions, and policies that delegate authority to Staff that satisfies
the legislation.
2. Review of Delegation of Authority
Approach
2.1 When reviewing delegated items within the by-law, Staff took the approach that the
purpose of the by-law is to be a consolidated directory of delegated authority and , in the
absence of other direct delegations, to perform the direct delegation within this by-law.
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2.2 Unless required in the context of the delegation, appointments are excluded from the
delegation of authority by-law. However, the authority for Staff to make appointments is
included.
2.3 Finding a balance, while also providing consistency, effectiveness, and efficiency in the
decision-making in the approval process is critical and will always be based on a level of
transparency, trust, and accountability.
2.4 Staff gathered “existing delegation of authority” documents (by-laws, policies,
resolutions) and reviewed them with the following criteria in mind:
Is it an “authorized delegation of authority” (i.e. is it allowed by legislation)?
Is the current delegation made to the correct person?
Authority to bind the corporation = if the authority is directed by Council, then
the employee has the “authority to bind” for that matter.
Should the existing delegation stay in the current document OR be repealed
and placed in the new delegation of authority by-law? Examples of authorities
that will remain in their existing delegation document (to provide full context
within that document) are (although this may change as these by-laws are
updated):
o Permitting such as the Lotteries, Special Events By-law, Site Alteration
By-law, Sign Permit Policy and By-law, Parks By-law, and the Open Air
Burning By-law.
o Regulatory by-laws such as the building by-law, noise by-law,
fireworks, licensing by-laws, traffic, and site plan control.
o Financial authorities such as the “Bank Signing Authority Policy”, and
the “Governing the Sale of Land Policy” and “Capital Over Expenditure
Policy”, the “Investment Policy”, the “Donations Receipting Policy”, the
“Surplus and Deficit Allocation Policy”, and the “Commodity Hedging
Policy.”
o Guideline Documents such as the Architectural Guidelines Policy.
2.5 After gathering the information into a single table, other municipalities’ delegation of
authority by-laws were reviewed, to determine whether the table was missing any
delegations.
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2.6 The table was then forwarded to the Senior Leadership Team for review with the
following in mind:
Should the existing delegation remain?
Is the current delegation made to the correct person?
Are there any other delegations/routine powers that should be added to make
for a more efficient organization or management?
o Can any new delegations ensure appropriate accountability and
reporting (where applicable)?
o Is a new delegation minor in nature?
o Is a new delegation administrative in nature (i.e. not legislative)?
o Will the new delegation assist Council and Staff to improve the
efficiency of its decision-making processes?
Highlights of the new Delegation of Authority
2.7 Although it may look like a lengthy list – it is important to bear in mind that 36
delegations existed in other formats; and of the 90 new ones, most exist in other
municipalities.
2.8 The delegation of these powers and authorities is supported by professional and
accountable staff and each delegated authority is provided to specific positions within
the organization. These decisions and approvals are also supported by having strong
corporate and administrative policies and procedures in place and ties in with the recent
report on the “Clarington Policy System.”
2.9 Approvals provided by Staff, using delegated authorities, do not require staff reports to
be brought to Council, unless specified in the “Checks and Balances” column.
2.10 The two columns on the right (“Recommended Action” and “Notes”) of the table
attached to the proposed by-law are provided for Council’s information and will not form
part of the final by-law and will be removed for the approved by-law.
2.11 As part of the implementation of this delegation of authority by-law, it is necessary to
either repeal, or amend, existing by-laws, or rescind existing resolutions (to be replaced
with the authority within this delegation of authority by-law).
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General Schedule
2.12 The powers and authority under the “General” heading in the delegation of authority by-
law are proposed to allow delegates which are not specific to a Department. It allows
them to conduct tasks required for the day-to-day operations. These powers are for
matters that are administrative and have limited, to no, financial implications. General
authorities include:
Flags and proclamations
Minor agreements
Legislative comments/input
CAO
2.13 In February 2024, arising out of Report CAO-001-24, Council approved an updated By-
law to outline the duties and responsibilities of the CAO. This delegation of authority is
intended to complement the “CAO’s By-law.”
Finance Schedule
2.14 Section 286 of the Municipal Act states:
“(5) The municipality may delegate to any person all or any of the powers and
duties of the treasurer under this or any other Act with respect to the collection of
taxes.
(6) The treasurer may continue to exercise the delegated powers and duties,
despite the delegation.”
2.15 Subsection 386(2) of the Municipal Act states that “the Treasurer may, in writing,
delegate any power or duty granted to or vested in the treasurer under this Part to any
officer or employee of the municipality.”
2.16 Powers and authorities under the “Finance” section include delegations to allow Finance
staff to conduct tasks required to implement Council-approved budgets and address
administrative financial matters. Many of these are minor in nature but assist greatly in
providing enhanced service delivery. This includes the ability to address matters that
have small financial implications including the authority to extend payment terms on
outstanding accounts, collect on outstanding accounts, write off unpaid accounts for
amounts less than limits noted.
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2.17 Additionally, it provides for the authority to enter into a contract for the services of a
fiscal agent, legal services and clearing and depository services to handle the
Municipality’s debenture issues in accordance with very prescriptive required
processes.
Legislative Services Schedule
2.18 The following delegation of authority, of note, have been added for Legislative Services:
Several related to streamlining and clarifying the agreement and court
processes.
A couple related to Animal Sheltering.
The Municipal Clerk, in consultation with the Municipal Solicitor, be authorized
to repeal by-laws that have exhausted their authority or are otherwise of no
further force or effect and shall do so by by-law.
Housekeeping of authorities related to records management.
Planning and Infrastructure Schedule
2.19 The powers and authority under the “Planning and Infrastructure” section in the
Delegation of Authority By-law are to be delegated to the Deputy CAO of Planning and
Infrastructure to allow them to carry out tasks required to process and approve land use
planning applications made under the Planning Act a nd Condominium Act.
2.20 In the past, the Director of Planning and Infrastructure had been delegated powers,
through resolutions and by-laws, which are folded into this by-law, as well as some new
powers.
2.21 New ones in this section relate to streamlining the agreement and application
processes.
Public Services
2.22 The powers and authority under the “Public Services” section are delegated to allow
Staff to carry out tasks required to implement projects and programs encompassed in
Council-approved budgets and address routine matters at Municipal properties and for
Municipal infrastructure, Community Services, and Emergency and Fire Services.
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2.23 The by-law addresses authorities regarding Municipal roads, including temporarily
closing roads for social or community events, railway crossing improvements, and
safety reasons.
2.24 The following have been added:
to address minor matters affecting Municipal properties, such as agreements
for access or encroachment on Municipal lands, installation of utilities and
telecommunication infrastructure on Municipal lands, and installation of trees
on Municipal lands.
Emergency Service matters
Operational road-related matters
3. Future Updates to Delegation of Authority
3.1 As by-laws are written, or amended, authorization sections should be written/updated to
refer to the Delegation of Authority By-law.
3.2 It is recognized that there will be changes, additions, and deletions to the delegation of
authority by-law as Staff and Council explore other opportunities for delegated authority
and process/decision efficiency. Therefore, we would expect that updates will happen
periodically to improve the operation and effectiveness of the by-law.
4. Financial Considerations
Not Applicable.
5. Concurrence
This report has been reviewed by all Deputy CAOs who concur with the
recommendations.
6. Strategic Plan
6.1 Strategic Priority L.1.3 “to empower staff to identify opportunities to improve efficiency
and effectiveness.”
6.2 The “Lead Pillar” which states that Clarington will be a leader in the delivery of efficient,
effective, and meaningful municipal services.
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7. Conclusion
It is respectfully recommended that the Delegation of Authority By-law, delegating
authority of Council to specified Staff, be enacted.
Staff Contact: June Gallagher, Municipal Clerk, 905-623-3379 ext. 2102 or
clerks@clarington.net.
Attachments:
Attachment 1 – Excerpt from the Municipal Act – Restrictions on Delegation of Authority
Attachment 2 – Delegation of Authority By-law
Interested Parties:
There are no interested parties to be notified of Council's decision.
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Attachment 1 to Report LGS-026-24
Municipal Act Excerpt
Restrictions on Delegations
Subsection 23.1(2):
1. A delegation may be revoked at any time without notice unless the delegation by-law
specifically limits the municipality’s power to revoke the delegation.
2. A delegation shall not limit the right to revoke the delegation beyond the term of the
council which made the delegation.
3. A delegation may provide that only the delegate can exercise the delegated powe r or
that both the municipality and the delegate can exercise the power.
4. A delegation or deemed delegation under paragraph 6 of a duty results in the duty
being a joint duty of the municipality and the delegate.
5. A delegation may be made subject to such conditions and limits as the council of a
municipality considers appropriate.
6. Where a power is delegated, the power is deemed to be delegated subject to any
limits on the power and to any procedural requirements, including conditions, approvals
and appeals which apply to the power and any duties related to the power are deemed
to be delegated with the power.
Subsection 23.1(3):
The conditions and limits referred to in paragraph 5 of subsection (2) may include such
matters as the following:
1. A requirement that the delegate act by by-law, resolution or otherwise, despite
subsection 5 (3).
2. Procedures that the delegate is required to follow.
3. The accountability of the delegate and the transparency of the delegate’s
actions and decisions.
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Restriction re delegation of legislative and quasi-judicial powers
23.2 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate legislative and
quasi-judicial powers under any Act except those listed in subsection (2) and the legislative
and quasi-judicial powers under the listed Acts may be delegated only to,
(a) one or more members of its council or a council committee;
(b) 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,
(iii) a combination of individuals described in subclauses (i) and (ii); or
(c) an individual who is an officer, employee or agent of the municipality.
Restriction re applicable Acts
(2) For the purposes of subsection (1), the listed Acts are this Act, the Planning Act, a private
Act relating to the municipality and such other Acts as may be prescribed.
Restriction re officers, employees, etc.
(4) No delegation of a legislative power shall be made to an individual described in c lause (1)
(c) unless, in the opinion of the council of the municipality, the power being delegated is of a
minor nature and, in determining whether or not a power is of a minor nature, the council, in
addition to any other factors it wishes to consider, shall have regard to the number of people,
the size of geographic area and the time period affected by an exercise of the power.
(5) Without limiting subsection (4), the following are examples of powers considered to be of a
minor nature:
1. The power to close a highway temporarily.
2. The power to issue and impose conditions on a licence.
3. The powers of the council of a municipality that are described in the following
provisions of the old Municipal Act, as those provisions read on December 31, 2002:
i. Paragraphs 107, 108, 109 and 110 of section 210. [related to acts after polling
day]
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ii. Paragraph 3 of section 308 [see below]:
For placing or permitting any person under such conditions as may be
agreed upon to place, construct, install, maintain and use objects in, on,
under or over sidewalks and highways under its jurisdiction, to permit any
person to make, maintain and use areas under and openings in the
highways and sidewalks, for prescribing the terms and conditions upon
which the same are to be placed, constructed, installed, maintained or
used.
iii. Subsection 312 (2) and clauses 312 (4) (a) and (b). 2006, c. 32, Sched. A, s.
15. [related to trees]
Powers that cannot be delegated
23.3 (1) Sections 9, 10 and 11 do not authorize a municipality to delegate any of the following
powers and duties:
1. The power to appoint or remove from office an officer of the municipality whose
appointment is required by this Act.
2. The power to pass a by-law under section 400.1 and Parts VIII, IX, IX.1 and X.
3. The power to incorporate corporations in accordance with section 203.
4. The power to adopt an official plan or an amendment to an official plan under the
Planning Act.
5. The power to pass a zoning by-law under the Planning Act, except as provided
under section 39.2 of that Act.
6. The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6) and
(7).
7. The power to adopt a community improvement plan under section 28 of the Planning
Act, if the plan includes provisions that authorize the exercise of any power under
subsection 28 (6) or (7) of that Act or under section 365.1 of this Act.
8. The power to adopt or amend the budget of the municipality.
9. Any other power or duty that may be prescribed.
Delegation of administrative powers
(2) Nothing in subsection (1) prevents a municipality from delegating its administrative powers.
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Delegation re hearings
23.5 (1) This section applies when a municipality is required by law to hold a hearing or
provide an opportunity to be heard before making a decision or taking a step, whether the
requirement arises from an Act or from any other source of law.
(2) Despite subsection 23.2 (1), sections 9, 10 and 11 authorize a municipality to d elegate to a
person or body described in that subsection the power or duty to hold a hearing or provide an
opportunity to be heard before the decision is made or the step is taken.
(3) If a municipality delegates a power or duty as described in subsection (2) but does not
delegate the power to make the decision or take the step, the following rules apply:
1. If the person or body holds the hearing or provides the opportunity to be heard, the
municipality is not required to do so.
2. If the decision or step constitutes the exercise of a statutory power of decision to
which the Statutory Powers Procedure Act applies, that Act, except sections 17, 17.1,
18 and 19, applies to the person or body and to the hearing conducted by the person or
body.
Attachment 2 to
Report LGS-26-24
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The Corporation of the Municipality of Clarington
By-law 2024-XXX
Being a By-law to provide delegations of authority from the Council of the Municipality of
Clarington to Committees and Clarington Municipal Staff.
Whereas Subsection 23.1(1) of the Municipal Act, 2001, as amended, authorizes a
municipality to delegate its powers and duties under the Municipal Act or any other Act
to a person or body, subject to the restrictions set out in the Municipal Act;
And whereas Subsection 270(1)6 of the Municipal Act, 2001, as amended, states that a
municipality shall adopt and maintain policies with respect to the delegation of its
powers and duties;
And whereas Subsection 275(6) of the Municipal Act, 2001, as amended, states that
nothing in this section prevents any person or body exercising any authority of a
municipality that is delegated to the person or body prior to nomination day for the
election of the new council;
And whereas the efficient management of the municipal corporation and the need to
respond to issues in a timely manner require Council to entrust certain powers and
duties to Committees and Staff while concurrently maintaining accountability, which can
be effectively accomplished through the delegation of legislative and administrative
functions;
And whereas, arising out of Report LGS-026-24, the Council of the Municipality of
Clarington has deemed it desirable and efficient to delegate certain powers pursuant to
the provisions of the Municipal Act, 2001 to enhance the efficiency of its decision
making and administrative processes;
Now, therefore, the Council of the Municipality of Clarington enacts as follows:
Short Title
1. The short title of this by-law is the “Delegation of Authority By-law.”
Delegation of Authority By-law
2024-xxx
Page 1 of 8
Definitions
2. In this By-law:
(a) “Administrative Powers” includes all matters required for the management of the
Corporation which includes Staffing and the provision of services.
(b) “Agreement” means a contract, or other legally binding document.
(c) “By-law” means this By-law, as it may be amended from time to time, including
schedules.
(d) “CAO” means the Municipality’s Chief Administrative Officer and the person who
holds that position, or another person designated by Council as described in
Section 229 of the Municipal Act, 2001.
(e) “Chief Building Official” means the Municipality’s Chief Building Official or any
acting or deputy Chief Building Official.
(f) “Council” means the Council of the Municipality of Clarington.
(g) “Deputy CAO/Planning & Infrastructure” means the Municipality’s Deputy
CAO/Planning & Infrastructure, or any acting Deputy CAO/Planning &
Infrastructure.
(h) “Deputy CAO/Public Services” means the Municipality’s Deputy CAO/Public
Services, or any acting Deputy CAO/Public Services.
(i) “Deputy CAO/Solicitor” means the Municipality’s Deputy CAO/Solicitor, or any
acting Deputy CAO/Solicitor.
(j) “Deputy CAO/Treasurer” means the Municipality’s Deputy CAO/Treasurer, where
“Treasurer” meets the definition of “Municipal Treasurer” as set out in Section
286 of the Municipal Act, 2001.
Delegation of Authority By-law
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(k) “Deputy Treasurer” means one of the Municipality’s Deputy Treasurer or any
acting Deputy Treasurer.
(l) “Designate” means any individual within the Municipality appointed from time to
time to act on behalf of the appointing person in respect of the exercise of their
delegated authority.
(m)“Head of Department” means a person who is responsible for a Department, and
their delegate(s) or, in the event of organizational changes, another person
designated by Council or the CAO.
(n) “Lease” means a contract by which one conveys real estate, equipment, or
facilities for a specified term, for specified conditions and for a specified rent.
(o) “Legislative Powers” includes all matters where Council acts in a legislative and
quasi-judicial function, including enacting by-laws, setting policies, and exercising
adjudicative decision-making authority.
(p) “Licence” means an authorization by a regulatory authority.
(q) “Mayor” means the head of Council or, as applicable, the Acting Mayor.
(r) “Municipal Clerk” means the Municipality’s Municipal Clerk or any acting or
Deputy Clerk, or their designate, appointed by Council to perform the duties of
the Clerk described in Section 228 of the Municipal Act, 2001.
(s) “Municipality” means the Corporation of the Municipality of Clarington.
(t) “OLT” means the Ontario Land Tribunal under the Ontario Land Tribunal Act,
2021, or its successor organization.
General
3. For the purpose of subsection 270(1)6 of the Municipal Act, 2001, this By-law
shall satisfy the requirement to adopt and maintain a policy on the delegation of
its powers and duties.
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4. Pursuant to subsection 23.2(4) of the Municipal Act, 2001, any legislative powers
delegated within this By-law are expressly of a minor nature having regard to the
number of people, the size of geographic area, and the time period affected by
the exercise of each such power.
General Delegation
5. All delegations of Council powers, duties, and functions shall be listed in
Schedule “A” of this By-law or otherwise affected by by-law or may be authorized
by resolution of Council.
6. Unless a power, duty, or function of Council has been expressly delegated by by-
law or resolution, all the powers, duties and functions of Council remain with
Council.
7. A delegation of power, duty, or function under any by-law or resolution to any
member of Staff shall include a delegation to the CAO and to any member of
Staff selected from time to time by the CAO, or delegate, to act in the capacity of
the delegate in the delegate’s absence.
8. Staff with delegated signing power may use their signature in forms that may be
written, printed, including by electronic means or measures, or otherwise
reproduced.
9. In exercising any delegated power, the delegate shall ensure the following:
(a) Any expenditure related to the matter shall have been provided for in the
approved year’s budget or otherwise authorized by the Purchasing By-law or
related policies).
(b) The scope of the delegated authority shall not be exceeded by the delegate.
(c) Compliance with all Corporate policies, including those related to insurance
and risk management; and,
(d) The consistent and equitable application of Council policies and guidelines.
Delegation of Authority By-law
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Further Delegation
10. Within each row of a table in Schedule “A” to this By-law, the delegated authority
may be exercised by any such person(s) identified. However, the CAO is in effect
the head of all Departments and may intervene, sub-delegate, or exercise any
authority delegated in this By-law, where legally permitted to do so, if done in
writing.
11. Where authority is delegated to a specific Staff member in this By-law, the
authority may be further delegated by the authorized person to staff members
within the applicable department, or division, provided that such delegation is
legally permissible, authorized in writing and does not exceed the authority
delegated by this By-law to the authorized person.
Title Change and Conflicts
12. Where delegations of authority have been assigned to a Staff position, such
authority includes the person temporarily acting in that position.
13. Where a delegation of power, duty or function is to a Staff position that no longer
exists in title, those delegations shall be deemed transferred to the staff person is
assuming the responsibilities of the obsolete position.
14. The CAO is hereby authorized to resolve any conflict, or ambiguity, regarding the
individual, or individuals, of the Municipality authorized to exercise any
delegation.
Emergency or Special Circumstances
15. In cases of emergency or special circumstances, as determined by the CAO
and/or Mayor, where it is necessary to act within the normal mandate of a
department, but such action is not strictly within the terms of a delegated
authority, a Deputy CAO, in respect of their specific department, may take such
action as necessary to rectify the situation. Any such action shall be reported
immediately to the CAO, and to Council within a reasonable timeframe.
Delegation of Authority By-law
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Inconsistency
16. In the event of any contradiction between this By-law and any other Municipal by-
law, this By-law prevails to the extent of the inconsistency.
Validity of Actions Taken
17. Any variation or revocation of a delegated authority pursuant to this By-law shall
have no effect on the validity of any action taken pursuant to a valid delegation of
authority and occurring before the terms of such delegation were varied or
revoked.
Severability
18. If a court of competent jurisdiction declares any portion of this By-law to be illegal
or unenforceable, that portion of this By-law shall be considered to be severed
from the balance of the By-law, which shall continue to operate in full force and
effect.
Amendment of Previous By-law
19. By-law 2014-059, the Traffic By-law, Subsection 18.1(1) is amended to delete the
following wording:
“The Director may designate temporary permissive truck routes and
temporary prohibitive no heavy truck routes and may erect official
signs to those effects.”
And replace it with the following wording:
“The Delegation of Authority By-law indicates who may designate
temporary permissive truck routes and temporary prohibitive no heavy
truck routes and may erect official signs to those effects.”
20. By-law 2023-033, the Procedural By-law is amended to delete subsections
7.20.5 and 7.20.6 regarding authority to make minor deletions, additions, or
changes to by-laws.
Delegation of Authority By-law
2024-xxx
Page 6 of 8
21. By-law 2010-139, regarding Site Plan Control Agreements, be amended as
follows:
by replacing the words “to the Director of Planning and Development
Services of the Municipality of Clarington” with the words “as indicated in
the Delegation of Authority By-law” in section 7.
by replacing the words “to the Manager of Development Review” with the
words “as indicated in the Delegation of Authority By-law” in section 7.
Repeal of By-laws
22. The following by-laws are hereby repealed, effective the date of passing of this
by-law:
• By-law 2021-005, delegating authority to exercise powers and functions of
Council regarding applications, to the Assessment Review Board.
• By-law 2003-031, delegating authority to make appeals to the Assessment
Review Board.
• By-law 2016-087, delegating authority to make decisions and hold
meetings related taxes.
• By-law 2021-004, delegating authority to make negotiate and execute tax
extensions.
• By-law 2005-225, appointing the former Manager of Municipal Law
Enforcement.
• By-law 90-193, appointing the head for the Municipal Freedom of
Information and Protection to Privacy Act.
• By-law 2020-045, delegating authority to establish retention periods.
• By-law 2004-253, and its amendments thereto, regarding the provision of
civil marriages.
Delegation of Authority By-law
2024-xxx
Page 7 of 8
• By-law 2001-072, and its amendments thereto, regarding authority for
“removal of holding” symbols, temporary use zoning by-law amendments,
and housekeeping by-laws related to the Zoning By-law.
• By-law 2011-119 delegating functions related to planning applications.
• By-law 92-43 delegating authority to execute agreements related to
conditions of Land Severances.
Effectivity
This by-law shall come into force and effect on the date of passing.
_____________________________________
Adrian Foster, Mayor
_____________________________________
June Gallagher, Municipal Clerk
Delegation of Authority By-law
Table
Schedule A (General) .................................................................................................... 1
Schedule B (CAO) .......................................................................................................... 4
Schedule C (PUB) .......................................................................................................... 7
Schedule D (FSD) ........................................................................................................ 10
Schedule E (LEG) ........................................................................................................ 15
Schedule F (PSD) ......................................................................................................... 23
Schedule A (General)
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreements –
Acknowledgement
of Status or Term
Head of
Department or
designate
To issue an acknowledgment of the status or term of agreements
to which the Municipality is a party.
Municipal Act, s.
23.1
NEW From the Region
Agreements –
Confidentiality
Agreements
Head of
Department or
designate
To execute confidentiality agreements Municipal Act, s.
23.1
Recommended by the
Deputy CAO/Solicitor
NEW From the Region
Agreements – Data Head of
Department or
designate
To execute a data license or a data sharing agreement for the
provision of data of the Municipality to others or for the provision
of data from others to the Municipality.
Municipal Act, s.
23.1
Accompanied by a data
sharing agreement with
for and content
approved by the Deputy
CAO/Solicitor, and the
CAO
NEW From the Region
Agreements –
Infrastructure to
Cross
Head of
Department or
designate
To execute agreement with the applicable authority to permit
Municipal infrastructure to cross a railway, provincial highway,
pipeline, hydro-electric power corridor, watercourse,
communication, transmission line or any other infrastructure as
may be required.
Municipal Act, s.
23.1
In a form approved by
the Deputy
CAO/Solicitor
NEW From the Region
Delegation of Authority By-law
Table
Page 2 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreements –
Federal and
Provincial –
Programs
Head of
Department or
designate
To execute an agreement with the Federal or Provincial
government, a municipality, agency, institution, utility or
community partner for a Municipal undertaking, program delivery
and administration.
Municipal Act, s.
23.1
Approval of the project
or program by Council
and/or monetary
obligation captured in
approved budget or in
accordance with the
Budget Policy.
Recommended by the
Deputy CAO/Solicitor
NEW From the Region
Agreements – First
Nations, Metis and
Inuit, or other
interested parties
Head of
Department or
designate
To enter into any consultation agreements First Nations, Metis
and Inuit, or other interested parties with regard to any Municipal
undertaking.
Municipal Act, s.
23.1
In a form approved by
the Deputy
CAO/Solicitor
NEW From the Region
Agreements –
Fulfilled or
Released
Head of
Department or
designate
To deem agreements fulfilled, or release conditions within an
agreement where Municipal conditions have been fulfilled, or the
agreement is no longer required.
Municipal Act, s.
23.1
Recommended by the
Deputy CAO/Solicitor
NEW From the Region
Agreements –
Supply of Service
or Program to
Municipality
Head of
Department or
designate
To execute an agreement (or subsequent related agreements
required to operationalize the master agreement) with a
government agency or a non-profit agency, for consideration, for
the supply of a service for an approved program of the
Municipality.
Municipal Act, s.
23.1
Approval of the project
or program by Council
and/or monetary
obligation captured in
approved budget or in
accordance with the
budget management
policy. Agreement
Reviewed by Risk
Management for
certificate of insurance
and recommended by
the Deputy
CAO/Solicitor.
NEW From the Region
Flags and banners Mayor or
Designate
To approve or deny a request and determine the timeframe a flag
may be displayed.
Municipal Act, s.
23.1
Update Policy to refer
to Delegation of
Authority by-law
Policy F105 – Flag Protocols
Delegation of Authority By-law
Table
Page 3 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Proclamations Mayor’s Office Upon receipt of a request for a proclamation, the request shall be
forwarded to the Mayor’s Office for consideration.
Municipal Act, s.
23.1
Update Policy to refer
to Delegation of
Authority by-law
Policy F9 – Proclamations
Policy –
Occupational
Health and Safety
Mayor and
CAO
To sign the Occupational Health and Safety policy on behalf of the
Municipality.
Occupational Health
and Safety Act
(definition of owner)
NEW
Delegation of Authority By-law
Table
Page 4 of 34
Schedule B (CAO)
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Administration –
Telecom Protocol
CAO and the
Deputy
CAO/Planning
& Infrastructure
That the Radiocommunication and Broadcasting Antenna Systems
Protocol be delegated to the CAO and the Deputy CAO/Planning
and Infrastructure Services.
Municipal Act, s.
23.1 & 23.3(2)
(Administrative)
As per Resolution
GG-199-23 and
Report CAO-019-23.
Report CAO-019-23
Agreements –
Construction
CAO or
designate
To execute any development agreements with an area
municipality with respect to the construction of a Municipal
undertaking.
Municipal Act, s.
23.1
Recommended by the
Deputy CAO/Solicitor
and the Deputy
CAO/Planning and
Infrastructure.
NEW From the Region
Agreements – Cost
Sharing Agreement
CAO or
designate
To execute an agreement, including a cost sharing agreement with
an area municipality, other government agency, railway or public
utility regarding road construction and/or road maintenance
pursuant to a project or program approved by Council.
Municipal Act, s.
23.1
Approval of the project
or program by Council
and/or monetary
obligation captured in
approved budget.
Recommended by the
Deputy CAO/Solicitor
and the Deputy
CAO/Planning and
Infrastructure.
NEW From the Region
Agreements –
Obtain Funding –
Some Cost
CAO or
designate
To approve, amend, extend, and execute, contribution
agreements, grant agreements, and one time project-based
funding agreements where Clarington is the recipient, provided
that such agreements are consistent with the departmental
mandate and follow the restrictions stated in the “checks and
balances”.
Municipal Act, s.
23.1
(a) in accordance with
applicable Municipal
policies;
(b) related to approved
departmental programs
and objectives;
(c) within approved
budget limits; and
(d) contain appropriate
insurance, termination,
workplace safety, and
indemnification
provisions satisfactory
to the Deputy
CAO/Solicitor.
NEW From Ottawa
Delegation of Authority By-law
Table
Page 5 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreement –
Obtain Funding –
No Cost
CAO or
Designate
To approve, amend, extend, and execute agreements with the
Federal or Provincial government, a municipality, agency,
institution, utility, or community partner, provided that such
agreements are consistent with the departmental mandate and are
at no cost to the Municipality, with the exception of associated
operational and administrative costs that are within approved
budgets.
Municipal Act, s.
23.1 & 23.3(2)
(Administrative)
Operational and
Administrative Costs
must be within
approved budgets.
NEW From Ottawa
Agreements –
Revenue
Generating
CAO or
Designate
To execute a revenue generating agreement or any agreement
where the Municipality is providing a service to others for a
charge. Special consideration for agreements covered under the
Naming Rights, Sponsorship and Advertising Policy.
Municipal Act, s.
23.1
Recommended by the
Deputy CAO/Solicitor,
and provided that the
revenue being
generated or charged
by the Municipality does
not exceed $250,000
per annum or prevailing
budget policy limits.
NEW From the Region
Agreements –
Temporary Sales
Centre and Model
Home Applications
and Agreements
CAO or
designate
To approve all Temporary Sales Centre and Model Homes
Applications and Agreements and further to this the Mayor and
Clerk be authorized to sign the Agreement, prior to, concurrent
with and / or after the issuance of any full, partial, or conditional
Building Permit related to the temporary sales facility structure(s)
and/or Model Homes.
Municipal Act, s.
23.1
Agreement – In a form
approved by the Deputy
CAO/Solicitor and
Deputy CAO/Planning &
Infrastructure
Council will be advised
electronically, prior to
signing the Agreement.
The Deputy CAO, or
their designate, may
forward controversial or
significant applications
for Council’s
consideration and
approval at their
discretion.
NEW From Scugog
Delegation of Authority By-law
Table
Page 6 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Budget - Transfers CAO or
Designate
To make budget transfers to effect changes resulting from new or
amended legislation or regulations, additional unforeseen
revenues, accounting standards or rules, program budgeting or to
increase transparency and accountability and to make any
necessary administrative budget re-allocation between program
areas or budget lines to accommodate corporate reorganization or
internal processes and procedures provided the re-allocation has
no net change to the tax rate.
Municipal Act, s.
23.1 & 23.3(2)
(Administrative)
Anything over $200,000
shall be reported to the
appropriate Standing
Committee on at least a
quarterly basis.
NEW From Ottawa and Whitby
Provides flexibility to meet
administrative needs, subject
to budget policy and financial
management policy.
Claims – under
$250,000
CAO or
Designate
To abandon or write-off all or any portion of a claim or debt in
relation to any uninsured claim having a monetary value not
greater than $250,000 exclusive of interest, provided that any
action taken under this authority is subsequently reported to
Council.
Municipal Act, s.
23.1
NEW To provide for orderly and
efficient resolution of legal
claims
Grants –Submit
Applications to
obtain funding
CAO, or
designate
To submit grant applications to provincial and federal
governments, agencies or funds and letters from Council or the
Mayor necessary to apply for grant funding. Includes submission
of reports after grants are received.
Municipal Act, s.
23.1
Related to approved
departmental programs
and objectives.
NEW From Scugog
Human Resources
– Union
negotiations
CAO Labour Negotiations Municipal Act, s.
23.1
NEW From Scugog
Human Resources
– Mileage
Reimbursement
CAO, or
designate
To adjust the mileage reimbursement rate as required and in
accordance with the Canada Revenue Agency (CRA) rate.
Municipal Act, s.
23.1
NEW From Scugog
Purchasing -
Vendor
Disqualification
CAO or
designate
To disqualify consultant, contractor or other supplier for a defined
period or for an event-based matter.
Municipal Act, s.
23.1
In accordance with the
Purchasing By-law
Subject to the application
of any predefined
Council approved criteria
and as Recommended
by the relevant Deputy
CAO.
NEW From the Region
Provides ability to disqualify on
a timely basis, subject to
legislated and by-law
requirements.
Delegation of Authority By-law
Table
Page 7 of 34
Schedule C (PUB)
Public Services
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreements -
Defibrillator
Program
Deputy CAO
Public Services
or designate of
Community
Services
To approve subsequent renewals of agreements with Lakeridge
Health that pertaining to the renewal of the Lakeridge Health
Public Access Defibrillator Program
Municipal Act, s.
23.1
Rescind Resolution
#GG-077-23 (which
states CAO) and
replace with authority
in the Delegation of
Authority By-law
Report CSD-001-23 and
Resolution #GG-077-23
Agreements –
Adopt-A-Road
Deputy CAO
Public Services
or designate
To enter into agreements with volunteer citizen groups for “Adopt-
A-Road” litter removal programs.
Municipal Act, s.
23.1
Recommended by the
Deputy CAO/Solicitor
NEW From the Region
Agreements –
Tiered Response
Director of
Emergency &
Fire Services
To determine the medical tiered response model that Clarington
Emergency and Fire Services will follow.
Municipal Act, s.
23.1
Fire Prevention and
Protection Act
NEW
Agreements -
Automatic Aid
Director of
Emergency &
Fire Services
To enter into automatic aid agreements to provide or receive initial
or supplemental response to fires, rescues, emergencies as per
the Fire Prevention Act, p.II.
Municipal Act, s.
23.1
NEW From Scugog
Fire Protection
Services
Director of
Emergency &
Fire Services
To provide such fire protection services as it has been determined
in accordance with municipal needs and circumstances Fire
Prevention Act, p.II.
Municipal Act, s.
23.1
NEW From Scugog
Property – Interest
and requests
Deputy CAO
Public Services
or designate
To advise of interest or non-interest in acquiring surplus land
notifications circulated to the Municipality, including authority to
request any partial transfers, easements, or permissions
necessary to maintain current or future Municipal infrastructure or
comments regarding proposed stop up and closure of local roads.
Municipal Act, s.
23.1
Reviewed by all Deputy
CAOs
NEW From the Region
Delegation of Authority By-law
Table
Page 8 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Roads – Access
agreements
Deputy CAO
Public Services
or designate
To execute an agreement for access to and/or from a Municipal
road.
Municipal Act, s.
23.1
NEW From the Region
Roads – Close -
Dangerous
Situation
Deputy CAO
Public Services
or designate
To temporarily close any highway or any portion of a highway for
any period due to a situation which would endanger traffic and/or
the public.
Municipal Act, s.
23.2(5)
NEW From Scugog
Roads – Close –
Construction
Deputy CAO
Public Services
or designate
To temporarily close any highway or portion thereof for any period
during the construction, repair or improvement initiated by the
Municipality or by a utility company with statutory rights permitting
occupancy on the highway;
Municipal Act, s.
23.2(5)
NEW From Scugog
Roads – Close -
Non-Critical
Deputy CAO
Public Services
or designate
To temporarily close a any highway or any portion of a highway for
a social, recreational, community, athletic, or cinematographic
purpose.
Municipal Act, s.
23.2(5)
Compliance with the
Special Events By-law,
including provision of
insurance coverage and
security deposit.
NEW From the Region and Whitby
Roads – Impose
Conditions
Deputy CAO
Public Services
or designate
To impose conditions on the use of highways. Municipal Act, s.
23.1
NEW From Scugog
Roads – Reduced
Loads
Deputy CAO
Public Services
or designate
To establish reduced load periods on Municipal roads. Municipal Act, s.
23.1
NEW From Municipal Act, s. 23.1 the
Region
Roads - Speed
Limits –
Construction Zones
Deputy CAO
Public Services
or designate
To designate a highway, or a portion of a highway, under the
Municipality’s jurisdiction a construction zone and require that it be
marked with signs in accordance with regulations; and set a lower
rate of speed for motor vehicle driven in the designated
construction zone.
Municipal Act, s.
23.1
NEW From Scugog and Region
Traffic By-law –
Truck Routes
Deputy CAO,
Planning &
Infrastructure
To designate temporary permissive truck routes and temporary
prohibitive “no heavy truck routes” and may erect official signs to
those effects as per the Traffic By-law.
Municipal Act, s.
23.1
Amend By-law 2014-
059 to direct section
18.1(1) to the
Delegation of
Authority By-law
Traffic By-law 2014-059
Delegation of Authority By-law
Table
Page 9 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Traffic By-law –
Permit for heavy
vehicles
Deputy CAO
Public Services
or designate
To issue a permit for the moving of heavy vehicles, loads, objects,
or structures in excess of the dimensional limits set out in Section
92 of the Highway Traffic Act, as may be amended from time to
time, or the weight limits set out in Part VII of the said Act, upon
any highway under the jurisdiction of the Corporation.
Municipal Act, s.
23.1
NEW Traffic By-law 2014-059
From Whitby
Trees on Municipal
Property
Deputy CAO
Public Services
or designate
To arrange for, and permit the planting of, trees on Municipal
property, including Municipal rights of way and easements for
underground infrastructure.
Municipal Act, s.
23.1
Municipal Act, s.
23.2(5)3iii
Recommended by
Deputy CAO/Planning
and Infrastructure or
designate.
NEW From the Region
Delegation of Authority By-law
Table
Page 10 of 34
Schedule D (FSD)
Financial Services
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Borrowing –
Between DC
Reserve Funds
Deputy
CAO/Treasurer
or Designate
To internally borrow, for cash flow purposes, between the
Municipality’s Development Charge Reserve Funds, as required,
to finance the Development Charge portion of Council-approved
growth projects
Municipal Act, s.
23.1
Must be related to a
Council-approved growth
project.
NEW From Whitby
Provides flexibility to meet cash
flow needs from internal sources,
borrowing is legislated and
restricted.
Budget Policy
Authorities
Deputy
CAO/Treasurer
Authorities as approved in Council adopted Budget Policy,
including such items as:
• Define current and capital projects and cost centres
• Coordinate and implement financial service level indicators
• Ensure necessary funding is available to finance the
expenditures within the parameters of Council approvals
• Monitor, and where necessary, report on material and non -
material leases and update the calculation of the Municipal debt
and financial obligation limit.
Municipal Act, s.
23.1
NEW From the Region
Insurance
Contracts
Deputy
CAO/Treasurer
To place or renew contracts for insurance when such contracts
are outside of the general coverage as determined and provided
by the Board of the Durham Municipal Insurance Pool (DMIP) in
accordance with the Subscribers Agreement.
Municipal Act, s.
23.1
NEW From Whitby
Insurance
requirements’
exceptions
Deputy
CAO/Treasurer
To approve exceptions to Municipality’s minimum insurance
requirements as set out and included in by-laws and/or policies
enacted or approved by Council from time to time.
Municipal Act, s.
23.1
NEW From Whitby
Delegation of Authority By-law
Table
Page 11 of 34
Loans under the
Tile Drainage Act
Deputy
CAO/Treasurer
To approve loans on behalf of the Municipality pursuant to
Section 3 of the Tile Drainage Act for the purpose of constructing
drainage works on the conditions set out in the “checks and
balances”
Municipal Act, s.
23.1
(a) the amount of
monies loaned shall be
in accordance with
Section 7 of the Tile
Drainage Act;
(b) approval of the loan
shall not result in an
expenditure of
Municipal funds;
(c) the amount of the
loan to each individual
owner of agricultural
land shall be in
accordance with
existing Provincial
policies and guidelines
and shall not exceed
$50,000.00 in any one
fiscal year or any other
amount as may be
determined by the
Province of Ontario
from time to time as the
maximum amount of
the loan available to an
individual in one fiscal
year;
(d) the approval of
loans shall be subject to
a sufficient unused
balance being available
under the by-law
authorizing the issuing
of debentures by the
Municipality pursuant to
the Tile Drainage Act;
and
(e) the approval of
loans shall be subject to
funds being made
available in the fiscal
year for the purpose of
the Tile Drainage Act.
NEW From Ottawa
The Municipality does not currently
have any tile drainage loans and
does not anticipate future loans.
Delegation would provide for
expeditious review and approval of
loan which would facilitate
economic development (farms) and
support agriculture in Clarington.
Delegation of Authority By-law
Table
Page 12 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Reserves -
Consolidate
Discretionary
Reserves
Deputy
CAO/Treasurer
To consolidate discretionary reserves (i.e. for administrative
purposes).
Municipal Act, s.
23.1 & 23.3(2)
(Administrative)
NEW From Whitby
Financial Management Policy will
provide additional guidance, this
provides the ability to improve
financial flexibility for financial
planning purposes. There are
checks and balances and reporting
in place.
Taxes -
Assessment
Review – Appeals
Assessment
Review Board
To exercise certain powers and functions of Council pursuant to
Section 357(1)(d.1) of the Municipal Act regarding every
application for cancellation, reduction, or refund of taxes due to
sickness or extreme poverty. Note: Subsections 357 (6), (7), (8),
(9) and (10) of said Act do not apply to such applications due to
the delegation of authority.
Municipal Act, s.
23.1 and s. 357(11)
By-law 2021-005 to
be repealed and
replaced with direct
authority in the
Delegation of
Authority by-law.
By-law 2021-005 Delegated to ARB
to remove staff and council from
determining definition of “sickness”,
ultimately ARB is final decider.
Taxes -
Assessment – To
make appeals
Deputy
CAO/Treasurer
or designate
To appeal assessments to the Assessment Review Board on
behalf of the Municipality of Clarington.
Municipal Act, s.
23.1
By-law 2003-031 to
be repealed and
replaced with direct
authority in the
Delegation of
Authority by-law.
By-law 2003-031
Appeals have a set timeframe to file
and this will expedite appeals on
municipally-owned property.
Delegation of Authority By-law
Table
Page 13 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Taxes – Extension
Agreement
Deputy
CAO/Treasurer
or Designate
To negotiate and execute tax extension agreements on behalf of
the Municipality of Clarington, subject to limitations, as per
Section 378 of the Municipal Act, 2001.
Municipal Act, s.
23.1 & s. 386(5)
a. The tax extension
agreement must be
requested by and
entered into with
any owner of the
land, the spouse of
any owner of the
land, any
mortgagee, any
tenant in
occupation of the
land or any person
the Treasurer is
satisfied has an
interest in the land,
in accordance with
Section 378 of the
Municipal Act,
2001;
b. The tax extension
agreement must be
compliant with the
requirements of
Section 378 of the
Municipal Act,
2001;
c. The tax extension
agreement can only
be entered into
after a tax arrears
certificate has been
registered, and
before the expiry of
the one-year
period; and
d. Conforms to the
Collection Policy
guidelines
Repeal By-law 2021-
004 and replaced with
direct authority in the
Delegation of
Authority by-law.
By-law 2021-004
Provides efficient ability to approve
tax extensions for properties in the
tax sale process. The time limits for
approval are legislated, therefore
delegating the authority ensures
that agreements could be entered
into up until the legislated date
(benefits taxpayers).
Delegation of Authority By-law
Table
Page 14 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Taxes – holding
meetings
Deputy
CAO/Treasurer
or designate
To make decisions and hold meetings under the following
subsections of the Municipal Act:
Subsections 356(1) & 356(4) = Division into parcels
Subsections 357(1) & 357(5) = Cancellation, reduction, refund of
taxes
Subsections 358(1) & 358(9) = Overcharges
Subsections 359(1) & 359(3) = Increase of taxes due to any
undercharge caused by an error.
Municipal Act, s.
23.1 & s. 386(5)
By-law 2016-087 to
be repealed and
replaced with direct
authority in the
Delegation of
Authority by-law.
By-law 2016-087
These are routine in nature and
provides for expeditious treatment
of the tax decision and ultimately
refund/collection of change in taxes.
Revenue – Collect
Accounts
Deputy
CAO/Treasurer
or designate
To extend payment terms on outstanding accounts or collect such
accounts, including referring accounts for collection by agencies
or use of legal proceedings, where it is deemed necessary.
Municipal Act, s.
23.1
In accordance with
Budget Policy and/or
Purchasing By-law as
applicable.
NEW From the Region
Provides for expeditious resolution
payment agreements and are
typically low-value amounts.
Revenue – Interest
on Temp Loans for
Capital
Deputy
CAO/Treasurer
To charge interest on temporary loans to external parties to finance
capital projects.
Municipal Act, s.
23.1
In accordance with
Budget Policy and/or
Purchasing By-law as
applicable.
NEW From the Region
Increase Project –
Additional Funds
Deputy
CAO/Treasurer
To make capital budget funding adjustments to refinance any capital
project or program to effect changes resulting from new funding
sources.
Municipal Act, s.
23.1
NEW From Ottawa
Court Matters –
Small Claims –
Write Off
Deputy
CAO/Treasurer
or designate
To approve the cancellation of accounts and monies owed to the
Municipality for amounts up to the prevailing limit for Small Claims
Court actions.
Municipal Act, s.
23.1
In accordance with
Budget Policy and/or
Purchasing By-law as
applicable.
NEW From the Region
Agreements –
Procurement
Delegates as
set out in
Purchasing By-
law
To enter into contracts and agreements procured under the
prevailing Purchasing By-Law.
Municipal Act, s.
23.1
In accordance with
Budget Policy and/or
Purchasing By-law as
applicable.
NEW From the Region
Letters of Credit –
Developer
Securities
Deputy
CAO/Treasurer
To approve, accept, and release, letters of credit as security for
performance and payments relating to development agreements.
Municipal Act, s.
23.1
By written
recommendation from
Planning and
Infrastructure Staff.
CLARIFIED This was noted in Report FND-028-
20 but it is unclear where the
original authority resides.
The Region of Durham has the
Commissioner of Finance with this
authority.
Delegation of Authority By-law
Table
Page 15 of 34
Schedule E (LEG)
Legislative Services
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Agreements –
Confidentiality
Deputy CAO/
Solicitor
To execute confidentiality agreements. Municipal Act, s.
23.1
NEW For circumstances in which a non-
disclosure agreement may be
requested in connection with a
commercial agreement or to settle a
claim
Agreements –
Boundary Road
Deputy
CAO/Solicitor
To enter into Boundary Road Agreements provided there is
a proportional sharing of costs between adjacent
municipalities.
Municipal Act, s.
23.1
NEW Routine agreements to provide
repairs and maintenance to roads
having shared jurisdiction
Agreements –
Lease
renewal/extensions
Deputy CAO/
Solicitor or
designate
To execute lease renewal/extension agreements for
community agencies that occupy space in a municipal
facility.
Municipal Act, s.
23.1
Subject to the
limitations in Budget
Policy and
recommended by the
Deputy CAO/Solicitor
NEW From the Region
Agreements –
Licensing of
Municipal Entities
Deputy CAO/
Solicitor or
designate
To take measures on behalf of the Municipal Corporation to
obtain or maintain copyright, trademark, patent, intellectual
property, and personal property rights or interests.
Municipal Act, s.
23.1
NEW To prevent the unauthorized use of
the Municipality’s intellectual
property
Agreements – Trail
License
Deputy
CAO/Solicitor
To execute agreements with Ontario Power Generation
related to the use of public recreational trails.
Municipal Act, s.
23.1
Rescind Resolution
#GG-201-23
Report LGS-033-23
Agreements –
Parking on Private
Property
Deputy
CAO/Solicitor or
designate
To approve the execution of agreements for parking
enforcement on private property. The delegation also
applies equally to any amendment or termination of such
agreements.
Municipal Act, s.
23.1
In a form approved by
the Deputy
CAO/Solicitor
NEW To facilitate parking enforcement
Agreements –
Exchange/Release
FOI information
Deputy
CAO/Solicitor or
designate
To execute an agreement for the exchange or release of
information under the Municipal Freedom of Information and
Protection of Privacy Act.
Municipal Act, s.
23.1
Recommended by the
Deputy CAO/Solicitor
NEW From the Region
Delegation of Authority By-law
Table
Page 16 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Animals - Appoint –
Livestock Valuer
Deputy
CAO/Solicitor or
designate
To appoint or withdraw the appointment, as the case may
be, of municipal investigators (livestock valuers) for the
Municipality as may be required for the purposes of the
Ontario Wildlife Damage Compensation Program as per the
Livestock, Poultry and Honey Bee Protection Act
Livestock, Poultry
and Honey Bee
Protection Act
NEW Report CLD-011-16
Animals - Appeals
– Order to Restrain
Hearings
Deputy
CAO/Solicitor or
designate
To adjudicate requests under section 105 of the Municipal
Act, 2001 related to muzzling a dog
Municipal Act, s.
23.1 and 23.5
(Delegations
regarding hearings)
In accordance with the
rules outlined in the
Municipal Act, s. 23.5
Clarification and
Repeal By-law 2005-
225.
This was noted in an appointment
by-law for the previous Manager of
MLE in By-law 2005-225, but was
not repealed when we appointed
Duncan Anderson.
Animals – Shelter
animals from other
jurisdictions
Deputy
CAO/Solicitor or
designate
To have the discretion to shelter animals from other
jurisdictions/organizations on an adhoc basis, or a longer
term basis, with an agreement.
Municipal Act, s.
23.1
NEW To ensure emergency, or
cooperative, sheltering of animals,
where necessary and able.
Court Matters –
Commence,
Defend, Conduct
under instructions
Deputy
CAO/Solicitor
To commence, defend, or conduct any proceeding before
any court, administrative tribunal or other decision -making
or advisory body in accordance with instructions received
from Municipal Council or from officers or employees of the
Municipality having operational responsibility for the subject
matter of such proceeding.
Municipal Act, s.
23.1
NEW Required to protect the legal
interests of the Municipality
Court Matters -
Commence,
Defend, Conduct
under own initiative
(Non-POA)
Deputy
CAO/Solicitor
To commence, defend, or conduct any proceeding before
any court, administrative tribunal or other decision -making
or advisory body on the Deputy CAO/Solicitor’s own
initiative where necessary to protect, preserve or assert the
best legal interests of the Municipal Corporation until such
time as the matter can be reported to the appropriate
instructing authority for consideration and direction.
Municipal Act, s.
23.1
NEW Required to protect the legal
interests of the Municipality
Court Matters –
Appeals (Non-POA)
Deputy
CAO/Solicitor
To commence and conduct appeals of the decisions of
courts, administrative tribunals, or other decision-making or
advisory bodies; apply for standing; or make applications for
judicial review of decisions; provided that any such
measures undertaken shall be reported to Council as soon
as reasonably practicable.
Municipal Act, s.
23.1
NEW To respond to time sensitive legal
proceedings
Delegation of Authority By-law
Table
Page 17 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Court Matters –
Small Claims
Deputy
CAO/Solicitor
To commence, defend, conduct, or settle any uninsured
claim in the Ontario Small Claims Court on behalf of the
Municipality.
Municipal Act, s.
23.1
NEW For the efficient disposition of minor
legal claims
Court Matters -
Commence,
Defend, Conduct,
Appeal (POA)
Deputy
CAO/Solicitor
To commence, defend, conduct, or appeal any proceeding
originating in the Provincial Offences Court or an applicable
appellate court.
Municipal Act, s.
23.1
NEW Required to prosecute Municipal
By-laws and other Provincial
offences
Court Matters -
Settlement of
Claims under
$250,000
Deputy
CAO/Solicitor
To settle uninsured claims (whether or not asserted in
litigation), and authorize payment or acceptance of payment
in settlement of such claims in an amount not to exceed
$250,000, exclusive of interest, provided that any action
taken under this authority is subsequently reported to
Council.
Municipal Act, s.
23.1
With concurrence of
the CAO
NEW To facilitate efficient resolution of
legal claims
Court Matters -
Costs
Deputy
CAO/Solicitor
To authorize the payment of any expenses, disbursements
or costs reasonably incurred by or awarded against the
Municipality in the course of a legal proceeding.
Municipal Act, s.
23.1
NEW To comply with Court ordered
payments, or reasonable legal
costs
Court Matters –
Debt Enforcement
Deputy
CAO/Solicitor
To take all steps reasonably necessary or desirable to
enforce orders, decisions, awards, and judgements made in
favour of the Municipality.
Municipal Act, s.
23.1
NEW To recover costs
Election
Agreements
Municipal Clerk To execute agreements and contracts for the purposes of
securing equipment, facility rentals, purchasing of goods
and other services in order to conduct Municipal and School
Board Elections.
Municipal Act, s.
23.1
NEW Purchasing By-law
From Whitby
Enforcement -
Appoint private
parking
enforcement
officers
Deputy
CAO/Solicitor or
designate
To appoint persons affiliated with private parking authorities,
as per Subsection 15(1) of the Policy Services Act, to
enforce the Clarington Traffic By-law.
Municipal Act, s.
23.1
Change from
“Municipal Clerk” to
“Deputy
CAO/Solicitor or
designate” in the
Delegation of
Authority By-law and
rescind the last
paragraph of
Resolution #C-190-
15
Report CLD-006-15 – private
parking enforcement officers,
Resolution #C-190-15 from June 1,
2015 Council minutes
Employees:
Report CLD-023-18
By-law 2018-100
Delegation of Authority By-law
Table
Page 18 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Governance –
Ombudsman
Deputy
CAO/Solicitor
Designated as the head under the Ombudsman Act of
Ontario s. 1.1(1)(a) 1.1(2)(a).
Section 23.1 of the
Municipal Act
Ombudsman Act, s.
1.1(1)(a)
All reports from the
Ombudsman will be
presented to Council at
a General Governance
Committee meeting.
NEW To receive official notice from the
Ombudsman of their intention to
commence an investigation
Legal Affairs -
Reporting
Deputy
CAO/Solicitor
To report to Municipal Council for the provision of legal
advice and for obtaining instructions and direction touching
upon the legal affairs of the Municipality.
Municipal Act, s.
23.1
NEW This is part of the Municipal
Solicitor’s job description
Land – Agreement
for Appraisal
Deputy
CAO/Solicitor
To direct the preparation of appraisal reports for the
acquisition, or disposition, of land by either internal, or
external, resources as required and deemed appropriate.
Municipal Act, s.
23.1
All appraisals to be
completed by
appraisers who hold
the Accredited
Appraiser Canadian
Institute (AACI) or
Certified Residential
Appraiser (CRA)
designations in good
standing with the
Appraisal Institute of
Canada.
NEW As needed to establish fair market
value
Land - Agreements
- Encroachment
Deputy
CAO/Solicitor
To approve and execute agreements for the encroachment
of existing buildings onto Municipal land, including land that
is a public highway or unopened road allowance.
And, to execute an agreement to permit the Municipality to
have access to, or to encroach on, land owned by others for
Municipal purposes.
And, to execute an agreement to permit access to, or an
encroachment on, Municipal lands including rights-of-way,
water and sanitary sewerage easements and facilities by
third parties and to release those agreements as required.
Municipal Act, s.
23.1 & 23.2(5)
NEW To efficiently document minor
property boundary issues
Land – Agreements
for entry onto land
Deputy
CAO/Solicitor
To approve and execute agreements for temporary
permission to enter onto Municipal land for durations not to
exceed one year.
Municipal Act, s.
23.1
NEW To facilitate temporary access to
property
Delegation of Authority By-law
Table
Page 19 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Land –Agreements
for extensions
Deputy
CAO/Solicitor
To approve and execute agreements to extend the closing
date of purchase and sale transactions.
Municipal Act, s.
23.1
NEW Routine requirement of
transactional real estate
conveyancing
Land –Easement
Abandonment
Deputy
CAO/Solicitor
To execute releases or notices of abandonment of
easements owned by the Municipality over lands where
those easements are no longer required for municipa l
purposes subject to the checks and balances stated in the
Delegation of Authority By-law.
Municipal Act, s.
23.1
Where the easement
was acquired by the
Municipality:
for no consideration,
through the
development process
or otherwise, there will
be no consideration
payable for the
release, with the
exception of fees
chargeable under by-
law for processing the
request.
for consideration, the
applicant seeking the
release will pay
whatever consideration
was paid by the
Municipality in
acquiring the
easement, together
with the fees
chargeable under by-
law for processing the
request.
NEW Routine requirement of
transactional real estate
conveyancing
Land –Easements
to 3rd Parties
Deputy
CAO/Solicitor
To convey easements and licences to third parties over
Municipally-owned lands where the easement/licence rights
are minor in nature or are for the purposes of providing a
right of access for public utilities, telecommunications,
municipal services or natural heritage protection purposes
and the easement/licence will not substantially interfere with
municipal purposes.
Municipal Act, s.
23.1
For the purposes of
this section, an
easement which is
minor in nature will
have an appraised
value of $5,000.00 or
less.
NEW To facilitate reasonable public use
of Municipal lands
Delegation of Authority By-law
Table
Page 20 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Land - Agreements
for purchase, sale
or exchange
(Capital Projects)
Deputy
CAO/Solicitor
To approve and execute agreements of purchase and sale
and all transfers for the purchase, sale, or exchange of land,
including easements, for any approved capital project.
Municipal Act, s.
23.1
NEW To facilitate the orderly completion
of capital projects
Land – Execute
documents
Deputy
CAO/Solicitor or
designate
To approve and execute undertakings, certificates,
declarations, and any other documents required for the
completion of any transaction involving the purchase, sale,
or exchange of any interest in land, including any
documents required to be delivered under the applicable
agreement of purchase and sale.
Municipal Act, s.
23.1
The acquisition of land
or land interests are
included as part of a
project or program
approved by Council,
and/or the monetary
obligation captured in
approved budget. The
recording of any asset
changes and financing
confirmed by the
Treasurer.
NEW Routine requirement of
transactional real estate
conveyancing
Land – Release
Option
Deputy
CAO/Solicitor
To release any option to repurchase, notice, agreement or
restrictive covenant in favour of the Municipality, where the
provision in favour of the Municipality has been satisfied,
expired or is no longer required.
Municipal Act, s.
23.1
NEW Routine requirement of
transactional real estate
conveyancing
Land –Sale of
interest Incidental
to subdivision or
condominium
Deputy
CAO/Solicitor
To execute documents related to the conveyance of any
interest in land incidental to a subdivision or condominium
referenced within the subdivision or condominium
agreements, and shall include, but not be limited to, the
conveyance of easements and reserves or the release of or
abandonment of easements.
Municipal Act, s.
23.1
NEW Routine requirement of
transactional real estate
conveyancing and land
development approval
Land –under
$25,000
Deputy
CAO/Solicitor or
designate
To approve and execute agreements for the purchase and
sale of land on behalf of the Municipality provided that the
total consideration or estimate of the purchase and sale
price is reasonable and does not exceed $25,000
Municipal Act, s.
23.1
NEW To facilitate land transactions of low
monetary value
Land Titles –
Applications
Deputy
CAO/Solicitor
To submit applications under the Land Titles Act or Registry
Act in respect of lands owned by the Municipality.
Municipal Act, s.
23.1
NEW Routine requirement of
transactional real estate
conveyancing
Delegation of Authority By-law
Table
Page 21 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Land Titles –
Municipal Interest
Deputy
CAO/Solicitor
To register any instrument on behalf of the Municipality
against the title to the lands in which the Municipality has an
interest.
Municipal Act, s.
23.1
NEW Routine requirement of
transactional real estate
conveyancing
Licensing – Public
Event Designation
Municipal Clerk To designate a “Public Event” pertaining to a Special
Occasion Permit issued (i.e. an event of municipal
significance) and authority to comment on a Liquor License
Application, as per Section 24(4) of the Regulation 389/91
Liquor License Act.
Municipal Act, s.
23.2(5)2
Based on the following
guidelines adopted in
Report CLD-028-12:
• Historical Events (ie,
Orono Fair)
• Community Events
(ie, an event that will
promote neighbours
meeting neighbours)
• Economic Spinoffs
(ie, Boots & Hearts,
business grand
openings)
• Recognition Events.
(ie, Sports Hall of
Fame)
• Raising Funds for
Charity or Community
Works (ie, Mayor's
Golf Classic)"
Explicitly provide
delegation in the
Delegation of
Authority By-law
Report CLD-028-12 – outlines the
guidelines to be followed, but does
not explicitly state the authority.
Clerk’s Division Procedure P11-011
(Special Occasion Permits)
Licensing –
Commenting on
Tailgate Events
Municipal Clerk To determine whether it is appropriate to support a Tailgate
Event on Municipal Property.
Municipal Act, s.
23.1
In consultation with
applicable Deputy
CAOs.
Explicitly provide
delegation in the
Delegation of
Authority By-law
Report CLD-020-19 Tailgate Events
on Municipal Property”.
Marriages Municipal Clerk, or
designate
To provide civil marriages, for the Municipality of Clarington,
as per the Marriage Act, and Regulations, in the Clarington
Council Chambers, or otherwise, at the discretion of the
Municipal Clerk.
Municipal Act, s.
23.1
Repeal By-law 2004-
253, and
amendments, and
replace it with
Delegation of
Authority By-law.
By-law 2004-253
Delegation of Authority By-law
Table
Page 22 of 34
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances Recommended
Action Notes and Rationale
Records
Management -
MFIPPA Head
Municipal Clerk To act as head of the municipality for the purposes of the
Municipal Freedom of Information and Protection to Privacy
Act.
Subsection 3(3) of
MFFIPPA and
Subsection 23.1 of
the Municipal Act
Currently the Mayor;
change to the
Municipal Clerk and
Repeal By-law 90-
193
By-law 90-193
Records
Management - By-
laws – minor
corrections
Municipal Clerk To make minor deletions, additions, or other administrative
or typographical changes to any by-law to ensure that the
correct and complete implementation of the actions of
Council form the subject matter of the by-law.
Municipal Act, s.
23.1 & 23.3(2)
(Administrative)
If there is a substantive
error in an approved
by-law, this is not a
reconsideration and
Staff shall bring it to
the attention of Council
at its earliest
convenience for
consideration.
Amend Procedural
By-law to move
wording to
Delegation of
Authority By-law
(subsection 7.20.5 &
7.20.6).
Procedural By-law
Records
Management - By-
laws – Exhausted
Authority
Municipal Clerk To repeal by-laws that are expired, have been replaced, or
have otherwise ceased in their purpose
Municipal Act, s.
23.1
Consultation with the
Deputy CAO/Municipal
Solicitor and (for
planning-related by-
laws) Deputy
CAO/Planning and
Infrastucture.
NEW To eliminate obsolete by-laws.
Records
Management -
Retention Schedule
Municipal Clerk To establish or amend retention periods for all municipal
records in the Records Retention Schedule as per
Subsection 254(1) of the Municipal Act, 2001 (records),
Subsection 255(3) of the Municipal Act, 2001 (retention),
and Subsection 255(2) of the Municipal Act, 2001
(destruction).
Upon the Municipal Clerk being satisfied that the relevant
retention period established has expired, and that no reason
exists for further retention, the Municipal Clerk may order
the records to be destroyed, or to be set aside for
permanent retention in an archival facility designated by the
Municipal Clerk, as per Subsection 255(2) of the Municipal
Act, 2001 (destruction).
Municipal Act, s.
23.1 & 254(1) &
255(3) & 255(2)
Unless minor in nature,
proposed revisions to
records classifications
to be reviewed by
relevant department
Staff and/or Legal
Division prior to
approval by the
Municipal Clerk.
Repeal By-law 2020-
045 and replace with
Delegation of
Authority By-law.
By-law 2020-045
Delegation of Authority By-law
Table
Page 23 of 34
Schedule F (PSD)
Planning and Infrastructure Services
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreements –
Releases
Deputy CAO,
Planning &
Infrastructure
To release agreements where development has not proceeded o
if imposed or required in satisfaction of any condition of approval
under the Planning Act or Condominium Act, in connection with
the development of land.
Municipal Act, s.
23.1
Releases to be in a
form as approved by
the Deputy
CAO/Solicitor.
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Agreements –
Subdivisions,
Condos, Land
Division, Removal
of Part Lot Control,
Site Plans,
Rezoning
Deputy CAO,
Planning &
Infrastructure
To execute agreements imposed, or required, in satisfaction of
any condition of approval under the Planning Act in connection
with the development of land such as subdivisions, plans of
condominium, land divisions, removal of part lot control, site
plans and rezoning.
Municipal Act, s.
23.1
Agreements to be in a
form as approved by
the Deputy
CAO/Solicitor.
If second signature is
required – it would be
Legal Services.
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law.
Change from
Municipal Clerk
By-law 2011-119 arising out of
Report PSD-102-11.
In the current by-law it is both the
“Director and the Municipal Clerk”.
Agreements -
Approve and
execute CIP
agreements
Deputy CAO,
Planning &
Infrastructure
To approve and execute agreements under the Community
Improvement Programs and Section 28 of the Planning Act.
Municipal Act, s.
23.1
Implements CIP
program requirements.
Annual reporting to
Council.
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Agreement - Land
Conveyance –
Parkland
Deputy CAO,
Planning &
Infrastructure
To approve, as a condition of development, the conveyance of
land, cash-in-lieu of conveyance of parkland, or combination
thereof for park or other recreational purposes whichever option,
in the opinion of the Deputy CAO, Planning & Infrastructure, is
appropriate and in compliance with the applicable Official Plan
policies and Municipal policies and by-laws.
Municipal Act, s.
23.1
In accordance with the
Parkland and Open
Space Dedication By-
law.
NEW By-law 2022-043
From Ottawa
Agreement - Land
Conveyance –
Highway
Deputy CAO,
Planning &
Infrastructure
or Designate
To request the conveyance of land for a highway widening
and/or for a reserve as a condition of development approval , as
per the Planning Act, subsections 41(7)(a)(1), 41(8)(a)(1) and
41(9)
Municipal Act, s.
23.1
Record in asset
management system
even if transaction is
non-monetary and
consistent with
Planning Act,
subsections
41(7)(a)(1), 41(8)(a)(1)
and 41(9).
NEW From the Region of Durham
Delegation of Authority By-law
Table
Page 24 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreement –
Extension of
Development
Agreements
Deputy CAO,
Planning &
Infrastructure
To execute extension of development agreements where the
agreement is not being altered in a significant way.
Municipal Act, s.
23.1
Agreements to be in a
form as approved by
the Deputy
CAO/Solicitor.
NEW From Whitby and Scugog
Agreements –
Minor Variance
Deputy CAO,
Planning &
Infrastructure
or designate
To execute on behalf of the Corporation of the Municipality of
Clarington agreements required to implement the conditions of
approval imposed by the Committee of Adjustment under
Section 45 of the Planning Act.
Planning Act,
Sections 5 & 66
Repeal By-law 95-23
and replace with
Delegation of
Authority By-law
Change from “Mayor
and Clerk” to “Deputy
CAO, Planning &
Infrastructure or
designate”
By-law 95-23
Report PD-15-95
Agreements –
Release for non-
Site Plan Control
Deputy CAO,
Planning &
Infrastructure
to approve the release of agreements, including maintenance
and liability agreements and encroachment agreements entered
into as a condition of subdivision, condominium, cash-in-lieu of
parking, demolition control, or zoning approvals, or heritage
agreements, as part of the compliance or enforcement process
subject to the following conditions:
an owner or authorized agent or bona fide purchaser or
authorized agent or mortgagee has requested the release in
writing;
the requirements of the agreement have been fulfilled;
all parties having jurisdiction over the terms or conditions of the
agreement have agreed to its release; and
the applicant for the release agrees to assume all costs
associated with the release of this agreement.
Municipal Act, s.
23.1
NEW From Ottawa
Agreement –
Sewage System
Management
Agreement with
Region
Deputy CAO,
Planning &
Infrastructure
To execute subsequent renewals of the Sewage System
Management Agreement with the Regional Municipality of
Durham.
Municipal Act, s.
23.1
NEW From Whitby
Delegation of Authority By-law
Table
Page 25 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Agreements - Site
Plan Control
Deputy CAO,
Planning &
Infrastructure
To execute any agreement with the Municipality dealing with
ensuring the provision of any or all of the facilities, works or
matters referred to in Section 41(7)(a) and the maintenance
thereof referred to in Section 41(7)(b) or with the provision and
approval of the plans and drawings pursuant to Section 41(4) of
the Planning Act, as may be required to be made by the owner
of the land with the Municipality as a condition of the approval of
the plans and drawings referred to in Section 41(4) of the
Planning Act R.S.O. 1990, as amended.
Municipal Act, s.
23.1
Amend Section 7 of
By-law 2010-139 to
refer to Delegation of
Authority by-law
Report PSD-058-16
By-law 2010-139 as amended by
By-law 2016-080.
Agreement –
Utilities or
Telecommunicatio
ns for Municipal
Property
Deputy CAO,
Planning &
Infrastructure
To execute an agreement respecting utilities or
telecommunications required to service a Municipal property or
facility.
Municipal Act, s.
23.1
For any agreement
outside of the online
application, such
additional agreement is
to be reviewed by the
Treasurer for billing
arrangements and
Recommended by
Legal Services.
NEW From the Region of Durham
Apartments-in-
House Official
Registrar
Deputy CAO,
Planning &
Infrastructure
or designate
To be the Official Registrar for Apartments-in-Houses Municipal Act, s.
23.1
CLARIFICATION Report PSD-058-16 notes that it
was delegated from the Director to
the Manager.
By-law 97-77 Consolidated. defines
the Registrar as the “Director of
Designate”
Delegation of Authority By-law
Table
Page 26 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
By-laws – Minor
Nature Planning
Deputy CAO,
Planning &
Infrastructure
Arising out of OPA 132, delegation of authority for the following
additional functions, under Section 34 of the Planning Act:
Removal of Holding “H” Symbols.
Temporary Use Zoning By-law Amendments; and
Housekeeping By-laws for the purposes of making clerical or
other changes to assist in the interpretation of a Zoning By-law.
Section 39.2 of the
Planning Act
The Planning Act
requires that the
Official Plan provide
policies to specify the
types of by-laws that
may be delegated. The
Planning Act also
provides that the
delegation may be
subject to conditions
set out by Council, and
that Council may
withdraw this authority
at any time through a
by-law, including in
anticipation of a by-law
for which a final
decision has not yet
been made.
The delegation does
not:
Alter any notice or
public meeting
requirements;
Limit appeal rights; or
Change the
requirement for
planning decisions to
be consistent with the
Provincial Policy
Statement and to
conform or not conflict
with provincial plans.
To repeal by-law
2001-072, and the
amendment, 2023-
014 + replace with
the Delegation of
Authority By-law.
Report PDS-008-23
By-law 2023-014 amends By-law
2001-072
Delegation of Authority By-law
Table
Page 27 of 34
Heritage
Conservation
Districts
Deputy CAO,
Planning &
Infrastructure
The following authority with respect to properties that are
designated under Part V of the Ontario Heritage Act:
to receive and issue notices of receipt for heritage permit
applications that are received by the Municipality pursuant to
Section 42 (3) of the Ontario Heritage Act;
to prescribe the required contents of an application under
Section 42(1), pursuant to Section 42(2.2) of the Ontario
Heritage Act;
to enter into agreements with property owners to waive or extend
the 90-day timeline prescribed in Section 42(4),for applications
made under Section 42(1) of the Ontario Heritage Act;
to approve heritage permit applications under Section 42(1) of
the Ontario Heritage Act that meet the definition of an
emergency application;
to approve heritage permit applications under Section 42(1) of
the Ontario Heritage Act which include the following classes of
alterations:
restoration or preservation projects including projects funded
through the Heritage Grant Program for Building Restoration,
alterations to accessory or outbuildings such as changes to
barns, garages, and sheds that meet the requirements of the
applicable heritage conservation district plan or guidelines,
landscape alterations including but not limited to tree removal,
new hard or soft landscaping and new driveways where the
proposed alterations meet the requirements of the applicable
heritage conservation district plan or guidelines,
alterations that do not adversely impact the heritage attributes of
the property or the heritage conservation district and that meet
the requirements of the applicable heritage conservation district
plan or guidelines;
additions that meet both of the following criteria:
1.the size is less than 30% of the gross floor area of the existing
building; and
2.the proposal meets the heritage conservation district
guidelines or heritage conservation district plan.
additions that do not exceed 50% of the existing gross floor area
that create new residential unit(s) and meet the policies and
guidelines of the applicable heritage conservation district plan;
Ontario Heritage
Act, s. 42(16)
The authority does not
include the authority to
approve applications
with conditions. The
authority does not
include the power to
refuse an application.
NEW From Ottawa
Delegation of Authority By-law
Table
Page 28 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
construction of detached accessory structures that meet the
requirements of the applicable heritage conservation district plan
or guidelines;
demolition of detached accessory structures including barns,
outbuildings, and garages where the demolition does not impact
the cultural heritage value of the property or district and meets
the applicable heritage conservation district plan or guidelines;
demolition of additions where the demolition does not impact the
cultural heritage value of the property or heritage conservation
district and meets the applicable heritage conservation district
plan or guidelines; and
extension or re-issuance of heritage permits previously
considered by the Heritage Committee and issued by Council
where the proposal and the relevant policy framework are
substantially unchanged since the initial approval
Delegation of Authority By-law
Table
Page 29 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Heritage
Properties –
Various actions
Deputy CAO,
Planning &
Infrastructure
The following authority with respect to properties designated
under Part IV of the Ontario Heritage Act (OHA):
(a) to issue notices of inclusion in the Register according to
Section 27(5) and (6) of the OHA;
(b) to process notices of objection under Section 27(8) of the
OHA;
(c) to receive notices of intention to demolish non -designated
buildings or structures listed on the Register pursuant to Section
27(9) of the OHA;
(d) to request plans and information pursuant to Section 27(11)
required as part of the 60 days’ notice required under Section
27(9) of the OHA;
(e) to enter into agreements with property owners to waive or
extend the 90-day timeline for issuance of a Notice of Intention
to Designate after the occurrence of a prescribed event, as
described in Ontario Regulation 385/21 –General - Section 1;
(f) to process Notices of Objection under Section 29(6) of the
OHA and ensure consideration by Council within statutory
timelines;
(g) to enter into agreements with property owners to waive or
extend the 120-day statutory timeline for the passage of a
designation by-law under Section 29(8) of the OHA, and as
described in Ontario Regulation385/21 – General - Section 2;
(h) to enter into agreements with property owners to waive or
extend the 90-day timeline prescribed under Sections33(6) and
34 (6), pursuant to Sections 33(7) and 34 (4.3), of the OHA;
(i) to prescribe additional materials and information required for
applications under Sections 33(1) and 34(1),pursuant to Section
33(3) and 34(3) of the OHA;
(j) to receive and issue notices of complete or incomplete
application for heritage permits pursuant to Section 33 and
Section 34 of the OHA;
(k) to approve heritage permit applications under Section 33 of
the OHA that meet the definition of an emergency application.
Ontario Heritage
Act, section 33(15)
Section 33(15) requires
consultation with the
Heritage Committee
prior to delegation:
The power to
consent to
alterations to
property under
this section may
be delegated by
by-law by the
council of a
municipality to
an employee or
official of the
municipality if
the council has
established a
municipal
heritage
committee and
has consulted
with the
committee prior
to delegating the
power.
NEW From Ottawa
Delegation of Authority By-law
Table
Page 30 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Heritage – Minor
Alterations
Deputy CAO,
Planning &
Infrastructure
To approve heritage permit applications relating to minor
alterations which include the following classes of alterations:
(i) restoration or preservation projects including projects funded
through the Heritage Grant Program for Building Restoration;
(ii) changes or renovations to additions or outbuildings such as
changes to barns, garages, or modern additions not identified in
the Statement of Reason for Designation or the Statement of
Cultural Heritage Value;
(iii) landscape alterations including but not limited to tree
removal, new hard landscaping, new soft landscaping, and new
driveways where the proposal does not impact the heritage
attributes of the designated property;
(iv) alterations that do not adversely impact or remove the
heritage attributes of a property;
(v) additions that meet both of the following criteria:
1. the size is less than 30 per cent of the gross floor area of the
existing building and,
2. the proposal does not adversely impact the heritage attributes
of the property as defined in the Statement of Cultural Heritage
Value or Statement of Reason for Designation; (vi) additions that
do not exceed 50% of the gross floor area of the existing building
that create new residential unit(s), as defined by the Zoning By-
law as amended, and do not adversely impact the cultural
heritage value or attributes of the property as defined in the
Statement of Cultural Heritage Value;
(vii) construction of detached accessory structures, which do not
impact the heritage attributes of the property;
(viii) demolition of detached accessory structures including
barns, outbuildings, and garages where the demolition does not
impact the cultural heritage value of the property;
(ix) demolition of additions not identified in the Statement of
Reason for Designation or the Statement of Cultural Heritage
Value; and
(x) extension or re-issuance of heritage permits previously
considered by the Heritage Committee and issued by Council
where the proposal and the relevant policy framework are
substantially unchanged since the initial approval
Municipal Act, s.
23.1
The authority does not
include the authority to
approve applications
with conditions. The
authority does not
include the power to
refuse an application.
NEW From Ottawa
Delegation of Authority By-law
Table
Page 31 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Heritage - Approve
minor heritage
permits
Deputy CAO,
Planning &
Infrastructure
To issue minor Heritage Permits for alterations and additions, as
described in the Beech Avenue Heritage Conservation District
Plan.
Municipal Act, s.
23.1
Excludes construction
of new buildings,
additions to buildings,
demolition of all or a
portion of a building,
relocation of a building
on a property,
relocation of a building
outside of the district,
site and park functions
at Clarington Beech
Centre and streetscape
improvements.
Requires periodic
reporting to Council as
necessary.
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Permits - Tree Deputy CAO,
Planning &
Infrastructure
To receive applications and the required fees, and to issue
permits and to attach conditions thereto in accordance with the
Tree By-law
Municipal Act, s.
23.1
Amend to redirect to
Delegation of
authority By-law.
Section 4.7.5 of the Municipality of
Clarington Official Plan
Section 5.1.1 of the Woodlot
Preservation By-law (aka The Tree
By-law), By-law 97-35, as amended
Planning
Applications -
Complete
Deputy CAO,
Planning &
Infrastructure
or Designate
To give notice of complete applications to the prescribed
persons and public bodies, in the prescribed manner and
accompanied by the prescribed information; and make the
prescribed information and material available to the public, as
per S. 22(6.4), 34(10.7) and 51(19.4) of the Planning Act.
Municipal Act, s.
23.1
Notice provided to
Members of Council
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Planning –
Applications
Approve -
Condominium
applications
Deputy CAO,
Planning &
Infrastructure
To approve descriptions under the Condominium Act:
1) To endorse public meeting notifications
2) To endorse the Notices of Decision of Council with
respect to draft approval of plans of subdivision / plans of
condominium and to endorse the draft approved plans, subject
to the conditions imposed by Council
3) To endorse the Notices of Decision of Council with
respect to all other Planning Act applications.
S.51,51.1 and 51.2
Planning Act Section
9 of the
Condominium Act
Section 9(10) of the
Condominium Act
and Reg. 544/06 of
the Planning Act
Consistent with
approved site plan and
Zoning By-law.
Periodic reporting to
Council
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Delegation of Authority By-law
Table
Page 32 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Planning
Application - Fees
Deputy CAO,
Planning &
Infrastructure
or Designate
To refund all, or part, of a planning application fee to facilitate the
withdrawal of a Municipal planning application where planning
merits cannot be adequately justified, or to correct an error in the
original fee calculation.
Municipal Act, s.
23.1
NEW From the Region of Durham
Planning
Application –
Municipal
Applicant
Deputy CAO,
Planning &
Infrastructure
or Designate
To prepare and file an application, submission, declaration,
representation and execute any agreement imposed or required
in the satisfaction of any condition of approval under the
Planning Act or the Building Code Act, 1992 in connection with
the development or redevelopment of Municipal property or
building, where the Municipality is the applicant.
Municipal Act, s.
23.1
Project has been
approved by Council.
NEW From the Region of Durham
Planning
Applications –
Notice
Deputy CAO,
Planning &
Infrastructure
or Designate
To provide notice that the information and material required
under any application under the Planning Act has either been
provided or not provided and that the application is deemed to
be complete or incomplete, as the case may be, as per S. 22(6.1
), 34(10.4) and 51(19.1) of the Planning Act.
Municipal Act, s.
23.1
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Planning -
Applications- Part
Lot Control –
Applications and
By-laws
Deputy CAO,
Planning &
Infrastructure
To approve applications, and by-laws, for the removal of part lot
control, as per S. 50 (7) of the Planning Act.
Municipal Act, s.
23.1
Removal of Part Lot
Control to be presented
to next Council meeting
for adoption.
Periodic reporting to
Council
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Report FND-028-20
Although the approval had been
previously given, the delegation for
passing the by-law had not.
Planning
Applications -
Refuse inactive
Deputy CAO,
Planning &
Infrastructure
or Designate
To refuse an application made under the Planning Act which is
inactive for over one year.
Municipal Act, s.
23.1
Applicant must be
notified and provided
60 days to respond
with no objection.
Requires periodic
reporting to Council.
Repeal by-law 2011-
119 and replace with
the Delegation of
Authority By-law
By-law 2011-119 arising out of
Report PSD-102-11.
Delegation of Authority By-law
Table
Page 33 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Planning
Applications -
Subdivision
Applications -
Approve - Plan of
Subdivision
Deputy CAO,
Planning &
Infrastructure
or designate
To approve plans of subdivision under the Planning Act:
1) To endorse public meeting notifications
2) To endorse the Notices of Decision of Council with
respect to draft approval of plans of subdivision / plans of
condominium and to endorse the draft approved plans, subject
to the conditions imposed by Council.
3) To endorse the Notices of Decision of Council with
respect to all other Planning Act applications.
Sections 23.1 to
23.5 of the Municipal
Act
Section 51.2(1) of
the Planning Act
This authority extends
only in these matters in
respect of which
Council adopted
procedures.
To repeal by-law
2001-072, and the
amendment, 2023-
014 and replace with
the Delegation of
Authority By-law
By-law 2001-072
By-law 2023-014
Planning
Applications –
Withdrawals
Deputy CAO,
Planning &
Infrastructure
or designate
To sign for development application withdrawals Municipal Act, s.
23.1
CLARIFIED This was noted in Report FND-028-
20 but it is unclear where the
original authority resides.
Site Plan Control -
Agreements –
Release for Site
Plan Control
Deputy CAO,
Planning &
Infrastructure
To approve the release of agreements, including maintenance
and liability agreements and encroachment agreements entered
into as a condition of site plan control where:
an owner or authorized agent or bona fide purchaser or
authorized agent or mortgagee has requested the release in
writing;
the requirements of the agreement have been fulfilled;
all parties having jurisdiction over the terms or conditions of the
agreement have agreed to the release;
in the case of residential developments governed by site plan
control agreements, all financial securities have been released;
in the case of non-residential developments governed by site
plan control agreements, the release of the agreement is no
earlier than five (5) years following the release of all financial
securities; and
the costs associated with the registration of the release of the
agreement are incurred by the applicant.
Municipal Act, s.
23.1
NEW From Ottawa
Delegation of Authority By-law
Table
Page 34 of 34
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances Recommended
Action Notes and Rationale
Site Plan Control
Area
Deputy CAO,
Planning &
Infrastructure
The powers and authority of Council under Section 41 of the
Planning Act, except the authority to define any class or classes
of development as mentioned in Section 41(13)(a)
Municipal Act, s.
23.1
Prior to stamping
drawings, written
concurrence will be
provided by the
Manager of
Development
Engineering. This will
be done in consultation
with the Director of
Public Works as
required.
Amend Section 6 of
By-law 2010-139 to
refer to Delegation of
Authority by-law
By-law 2010-139
As amended by By-law 2020-080
arising out of Report PSD-048-20
By-law 90-130