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The Corporation of the Municipality of Clarington
By-law 2024-042
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.”
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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.
(k) “Deputy Treasurer” means one of the Municipality’s Deputy Treasurer or any
acting Deputy Treasurer.
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(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.
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.
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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.
Further Delegation
10. Within each row of a table in Appendix 1 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.
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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
who 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.
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.
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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.
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 6.
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.
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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.
• 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.
Delegation of Authority By-law
Appendix 1
SCHEDULE A (GENERAL) ........................ 8
SCHEDULE B (CAO)................................ 11
SCHEDULE C (PUB) ................................ 14
SCHEDULE D (FSD) ................................ 17
SCHEDULE E (LEG) ................................ 23
SCHEDULE F (PSD)................................. 32
Schedule A (General)
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
Agreements –
Confidentiality
Agreements
Head of
Department or
designate
To execute confidentiality agreements Municipal Act, s.
23.1
Recommended by the Deputy
CAO/Solicitor
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
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
Page 9 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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
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
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.
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
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
Page 10 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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)
Page 11 of 47
Schedule B (CAO)
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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)
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.
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.
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.
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Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.
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.
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.
Page 13 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.
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
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.
Human Resources
– Union
negotiations
CAO Labour Negotiations Municipal Act, s.
23.1
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
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.
Page 14 of 47
Schedule C (PUB)
Public Services
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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
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
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
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
Page 15 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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
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)
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)
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.
Roads – Impose
Conditions
Deputy CAO
Public Services
or designate
To impose conditions on the use of highways. Municipal Act, s.
23.1
Page 16 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
Roads – Reduced
Loads
Deputy CAO
Public Services
or designate
To establish reduced load periods on Municipal roads. Municipal Act, s.
23.1
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
Traffic By-law –
Truck Routes
Deputy CAO
Public Services
or designate
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
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
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.
Page 17 of 47
Schedule D (FSD)
Financial Services
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.
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
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
Page 18 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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.
Page 19 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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)
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)
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
Page 20 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
Page 21 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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)
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.
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.
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
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.
Page 22 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.
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.
Page 23 of 47
Schedule E (LEG)
Legislative Services
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
Agreements –
Confidentiality
Deputy CAO/
Solicitor
To execute confidentiality agreements. Municipal Act, s.
23.1
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
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
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
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
Page 24 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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
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
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
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
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
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
Page 25 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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
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
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
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
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
Page 26 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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
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
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
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.
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
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.
Page 27 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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)
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
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
Page 28 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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 municipal
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.
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.
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
Page 29 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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.
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
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
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
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
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
Page 30 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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)"
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.
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
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
Page 31 of 47
Short
Description of
Matter
Delegate Specific Delegation of Authority
Council’s
Authority to
Delegate
Checks and Balances
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.
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.
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.
Page 32 of 47
Schedule F (PSD)
Planning and Infrastructure Services
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.
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.
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.
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.
Page 33 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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).
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.
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
Page 34 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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
Page 35 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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.
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
Page 36 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.
Page 37 of 47
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
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.
Page 38 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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;
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
Page 39 of 47
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;
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.
Page 40 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
(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.
Page 41 of 47
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;
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.
Page 42 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
(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
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.
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
Page 43 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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
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
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.
Page 44 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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
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
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.
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.
Page 45 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
Planning
Applications –
Withdrawals
Deputy CAO,
Planning &
Infrastructure
or designate
To sign for development application withdrawals Municipal Act, s.
23.1
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
Page 46 of 47
Short Description
of Matter Delegate Specific Delegation of Authority Council’s Authority
to Delegate Checks and Balances
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.