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HomeMy WebLinkAbout2024-042 - ConsolidatedClarftwn If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By -Law 2024-042 Office Consolidation Being a By-law to provide delegations of authority from the Council of the Municipality of Clarington to Committees and Clarington Municipal Staff. Passed, by Council, on: September 23, 2024 Consolidated as of: May 27, 2025 Amendments: Disclaimer: The following consolidated by-law is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Municipality of Clarington does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the Municipal Clerk's Department. If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Page 1 of 49 Office Consolidation 2024-042 By-law 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 The short title of this by-law is the "Delegation of Authority By-law." 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. Page 1 of 49 Office Consolidation 2024-042 By-law (1) "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. 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. Page 3 of 49 Office Consolidation 2024-042 By-law 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. 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 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. Page 5 of 49 Office Consolidation 2024-042 By-law 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. Effectivity This by-law shall come into force and effect on the date of passing. Passed in Open Council this 23rd day September, 2024. ORIGINAL BYLAW SIGNED Page 7 of 49 SCHEDULE A (GENERAL) ........................8 SCHEDULE B(CAO)................................11 SCHEDULE C (PUB)................................14 SCHEDULE D (FSD)................................18 SCHEDULE E (LEG)................................24 SCHEDULE F(PSD).................................33 Delegation of Authority By-law Appendix 1 Schedule A (General) Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreements — Head of To issue an acknowledgment of the status or term of agreements Municipal Act, s. Acknowledgement Department or to which the Municipality is a party. 23.1 of Status or Term designate Agreements — Head of To execute confidentiality agreements Municipal Act, s. Recommended by the Deputy Confidentiality Department or 23.1 CAO/Solicitor Agreements designate Agreements —Data Head of To execute a data license or a data sharing agreement for the Municipal Act, s. Accompanied by a data sharing Department or provision of data of the Municipality to others or for the provision 23.1 agreement with for and content approved designate of data from others to the Municipality. by the Deputy CAO/Solicitor, and the CAO Agreements — Head of To execute agreement with the applicable authority to permit Municipal Act, s. In a form approved by the Deputy Infrastructure to Department or Municipal infrastructure to cross a railway, provincial highway, 23.1 CAO/Solicitor Cross designate pipeline, hydro -electric power corridor, watercourse, communication, transmission line or any other infrastructure as may be required. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreements — Head of To execute an agreement with the Federal or Provincial Municipal Act, s. Approval of the project or program by Federal and Department or government, a municipality, agency, institution, utility or 23.1 Council and/or monetary obligation Provincial — designate community partner for a Municipal undertaking, program delivery captured in approved budget or in Programs and administration. accordance with the Budget Policy. Recommended by the Deputy CAO/Solicitor Agreements — First Head of To enter into any consultation agreements First Nations, Metis Municipal Act, s. In a form approved by the Deputy Nations, Metis and Department or and Inuit, or other interested parties with regard to any Municipal 23.1 CAO/Solicitor Inuit, or other designate undertaking. interested parties Agreements — Head of To deem agreements fulfilled, or release conditions within an Municipal Act, s. Recommended by the Deputy Fulfilled or Department or agreement where Municipal conditions have been fulfilled, or the 23.1 CAO/Solicitor Released designate agreement is no longer required. Agreements — Head of To execute an agreement (or subsequent related agreements Municipal Act, s. Approval of the project or program by Supply of Service Department or required to operationalize the master agreement) with a 23.1 Council and/or monetary obligation or Program to designate government agency or a non-profit agency, for consideration, for captured in approved budget or in Municipality the supply of a service for an approved program of the accordance with the budget management Municipality. policy. Agreement Reviewed by Risk Management for certificate of insurance and recommended by the Deputy CAO/Solicitor. Flags and banners Mayor or To approve or deny a request and determine the timeframe a flag Municipal Act, s. Designate may be displayed. 23.1 Proclamations Mayor's Office Upon receipt of a request for a proclamation, the request shall be Municipal Act, s. forwarded to the Mayor's Office for consideration. 23.1 Page 9 of 49 Office Consolidation 2024-042 By-law Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Policy — Mayor and To sign the Occupational Health and Safety policy on behalf of the Occupational Health Occupational CAO Municipality. and Safety Act Health and Safety (definition of owner) Schedule B (CAO) Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Administration — CAO and the That the Radiocommunication and Broadcasting Antenna Systems Municipal Act, s. Telecom Protocol Deputy Protocol be delegated to the CAO and the Deputy CAO/Planning 23.1 & 23.3(2) CAO/Planning and Infrastructure Services. (Administrative) & Infrastructure Agreements — CAO or To execute any development agreements with an area Municipal Act, s. Recommended by the Deputy Construction designate municipality with respect to the construction of a Municipal 23.1 CAO/Solicitor and the Deputy undertaking. CAO/Planning and Infrastructure. Agreements — Cost CAO or To execute an agreement, including a cost sharing agreement with Municipal Act, s. Approval of the project or program by Sharing Agreement designate an area municipality, other government agency, railway or public 23.1 Council and/or monetary obligation utility regarding road construction and/or road maintenance captured in approved budget. pursuant to a project or program approved by Council. Recommended by the Deputy CAO/Solicitor and the Deputy CAO/Planning and Infrastructure. Agreements — CAO or To approve, amend, extend, and execute, contribution Municipal Act, s. (a) in accordance with applicable Obtain Funding — designate agreements, grant agreements, and one time project -based 23.1 Municipal policies; Some Cost funding agreements where Clarington is the recipient, provided that such agreements are consistent with the departmental (b) related to approved departmental mandate and follow the restrictions stated in the "checks and programs and objectives; balances". (c) within approved budget limits; and (d) contain appropriate insurance, termination, workplace safety, and indemnification provisions satisfactory to the Deputy CAO/Solicitor. Page 11 of 49 Office Consolidation 2024-042 By-law Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreement — CAO or To approve, amend, extend, and execute agreements with the Municipal Act, s. Operational and Administrative Costs Obtain Funding — Designate Federal or Provincial government, a municipality, agency, 23.1 & 23.3(2) must be within approved budgets. No Cost institution, utility, or community partner, provided that such (Administrative) 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. Agreements — CAO or To execute a revenue generating agreement or any agreement Municipal Act, s. Recommended by the Deputy Revenue Designate where the Municipality is providing a service to others for a 23.1 CAO/Solicitor, and provided that the Generating charge. Special consideration for agreements covered under the revenue being generated or charged by Naming Rights, Sponsorship and Advertising Policy. the Municipality does not exceed $250,000 per annum or prevailing budget policy limits. Agreements — CAO or To approve all Temporary Sales Centre and Model Homes Municipal Act, s. Agreement — In a form approved by the Temporary Sales designate Applications and Agreements and further to this the Mayor and 23.1 Deputy CAO/Solicitor and Deputy Centre and Model Clerk be authorized to sign the Agreement, prior to, concurrent CAO/Planning & Infrastructure Home Applications with and / or after the issuance of any full, partial, or conditional and Agreements Building Permit related to the temporary sales facility structure(s) and/or Model Homes. 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. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Budget - Transfers CAO or To make budget transfers to effect changes resulting from new or Municipal Act, s. Anything over $200,000 shall be reported Designate amended legislation or regulations, additional unforeseen 23.1 & 23.3(2) to the appropriate Standing Committee on revenues, accounting standards or rules, program budgeting or to (Administrative) at least a quarterly basis. 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. Claims — under CAO or To abandon or write-off all or any portion of a claim or debt in Municipal Act, s. $250,000 Designate relation to any uninsured claim having a monetary value not 23.1 greater than $250,000 exclusive of interest, provided that any action taken under this authority is subsequently reported to Council. Grants —Submit CAO, or To submit grant applications to provincial and federal Municipal Act, s. Related to approved departmental Applications to designate governments, agencies or funds and letters from Council or the 23.1 programs and objectives. obtain funding Mayor necessary to apply for grant funding. Includes submission of reports after grants are received. Human Resources CAO Labour Negotiations Municipal Act, s. — Union 23.1 negotiations Human Resources CAO, or To adjust the mileage reimbursement rate as required and in Municipal Act, s. — Mileage designate accordance with the Canada Revenue Agency (CRA) rate. 23.1 Reimbursement Purchasing - CAO or To disqualify consultant, contractor or other supplier for a defined Municipal Act, s. In accordance with the Purchasing By-law Vendor designate period or for an event -based matter. 23.1 Subject to the application of any Disqualification predefined Council approved criteria and as Recommended by the relevant Deputy CAO. Page 13 of 49 Office Consolidation 2024-042 By-law Schedule C (PUB) Public Services Short Description Delegate Specific Delegation of Authority Council's Authority Checks and Balances of Matter to Delegate Agreements - Deputy CAO To approve subsequent renewals of agreements with Lakeridge Municipal Act, s. Defibrillator Public Services Health that pertaining to the renewal of the Lakeridge Health 23.1 Program or designate of Public Access Defibrillator Program Community Services Agreements — Deputy CAO To enter into agreements with volunteer citizen groups for "Adopt- Municipal Act, s. Recommended by the Deputy Adopt -A -Road Public Services A -Road" litter removal programs. 23.1 CAO/Solicitor or designate Agreements — Director of To determine the medical tiered response model that Clarington Municipal Act, s. Tiered Response Emergency & Emergency and Fire Services will follow. 23.1 Fire Services Fire Prevention and Protection Act Agreements - Director of To enter into automatic aid agreements to provide or receive initial Municipal Act, s. Automatic Aid Emergency & or supplemental response to fires, rescues, emergencies as per 23.1 Fire Services the Fire Prevention Act, p.11. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Fire Protection Director of To provide such fire protection services as it has been determined Municipal Act, s. Services Emergency & in accordance with municipal needs and circumstances Fire 23.1 Fire Services Prevention Act, p.11. Property — Interest Deputy CAO To advise of interest or non -interest in acquiring surplus land Municipal Act, s. Reviewed by all Deputy CAOs and requests Public Services notifications circulated to the Municipality, including authority to 23.1 or designate 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. Roads — Access Deputy CAO To execute an agreement for access to and/or from a Municipal Municipal Act, s. agreements Public Services road. 23.1 or designate Roads — Close - Deputy CAO To temporarily close any highway or any portion of a highway for Municipal Act, s. Dangerous Public Services any period due to a situation which would endanger traffic and/or 23.2(5) Situation or designate the public. Roads —Close — Deputy CAO To temporarily close any highway or portion thereof for any period Municipal Act, s. Construction Public Services during the construction, repair or improvement initiated by the 23.2(5) or designate Municipality or by a utility company with statutory rights permitting occupancy on the highway; Roads — Close - Deputy CAO To temporarily close a any highway or any portion of a highway for Municipal Act, s. Compliance with the Special Events By - Non -Critical Public Services a social, recreational, community, athletic, or cinematographic 23.2(5) law, including provision of insurance or designate purpose. coverage and security deposit. Page 15 of 49 Office Consolidation 2024-042 By-law Short Description Delegate Specific Delegation of Authority Council's Authority Checks and Balances of Matter to Delegate Roads — Impose Deputy CAO To impose conditions on the use of highways. Municipal Act, s. Conditions Public Services 23.1 or designate Roads— Reduced Deputy CAO To establish reduced load periods on Municipal roads. Municipal Act, s. Loads Public Services 23.1 or designate Roads - Speed Deputy CAO To designate a highway, or a portion of a highway, under the Municipal Act, s. Limits — Public Services Municipality's jurisdiction a construction zone and require that it be 23.1 Construction Zones or designate marked with signs in accordance with regulations; and set a lower rate of speed for motor vehicle driven in the designated construction zone. Traffic By-law — Deputy CAO To designate temporary permissive truck routes and temporary "no Municipal Act, s. Truck Routes Public Services prohibitive heavy truck routes" and may erect official signs to 23.1 or designate those effects as per the Traffic By-law. Traffic By-law — Deputy CAO To issue a permit for the moving of heavy vehicles, loads, objects, Municipal Act, s. Permit for heavy Public Services or structures in excess of the dimensional limits set out in Section 23.1 vehicles or designate 92 of the Highway Traffic Act, as may be amended from time to time, or the weight limits set out in Part VI of the said Act, upon any highway under the jurisdiction of the Corporation. Traffic By-law — Deputy CAO Public Services To pass a by-law to amend any of Schedules 1, 2, 3, 7, 8, 9, 10, Municipal Act, ss. As soon as practical after any exercise of Minor Changes to 12, 13, 14, 15, 16, 17, 19, 22, or 23 of the Clarington Traffic By- 23.1, 23.2 this delegated authority, a Briefing Note Schedules for law 2014-059, or any successor by-law, in a form satisfactory to will be prepared and distributed to advise traffic control the Municipal Solicitor, and in exercising this authority the Deputy Council of the by-law amendments. CAO Public Services shall have regard to public safety and the measures efficient and effective movement of traffic. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Trees on Municipal Deputy CAO To arrange for, and permit the planting of, trees on Municipal Municipal Act, s. Recommended by Deputy CAO/Planning Property Public Services property, including Municipal rights of way and easements for 23.1 and Infrastructure or designate. or designate underground infrastructure. Municipal Act, s. 23.2(5)3iii Page 17 of 49 Office Consolidation 2024-042 By-law Schedule D (FSD) Financial Services Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Borrowing — Deputy To internally borrow, for cash flow purposes, between the Municipal Act, s. Must be related to a Council -approved Between DC CAO/Treasurer Municipality's Development Charge Reserve Funds, as required, 23.1 growth project. Reserve Funds or Designate to finance the Development Charge portion of Council -approved growth projects Budget Policy Deputy Authorities as approved in Council adopted Budget Policy, Municipal Act, s. Authorities CAO/Treasurer including such items as: 23.1 • 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. Insurance Deputy To place or renew contracts for insurance when such contracts Municipal Act, s. Contracts CAO/Treasurer are outside of the general coverage as determined and provided 23.1 by the Board of the Durham Municipal Insurance Pool (DMIP) in accordance with the Subscribers Agreement. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Insurance Deputy To approve exceptions to Municipality's minimum insurance Municipal Act, s. requirements' CAO/Treasurer requirements as set out and included in by-laws and/or policies 23.1 exceptions enacted or approved by Council from time to time. Loans under the Deputy To approve loans on behalf of the Municipality pursuant to Municipal Act, s. (a) the amount of monies loaned shall be Tile Drainage Act CAO/Treasurer Section 3 of the Tile Drainage Act for the purpose of constructing "checks 23.1 in accordance with Section 7 of the Tile drainage works on the conditions set out in the and Drainage Act; balances" (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 49 Office Consolidation 2024-042 By-law Short Description Delegate Specific Delegation of Authority Council's Authority Checks and Balances of Matter to Delegate Reserves - Deputy To consolidate discretionary reserves (i.e. for administrative Municipal Act, s. Consolidate CAO/Treasurer purposes). 23.1 & 23.3(2) Discretionary (Administrative) Reserves Taxes - Assessment To exercise certain powers and functions of Council pursuant to Municipal Act, s. Assessment Review Board Section 357(1)(d.1) of the Municipal Act regarding every 23.1 and s. 357(11) Review — Appeals 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. Taxes - Deputy To appeal assessments to the Assessment Review Board on Municipal Act, s. Assessment — To CAO/Treasurer behalf of the Municipality of Clarington. 23.1 make appeals or designate Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Taxes — Extension Deputy To negotiate and execute tax extension agreements on behalf of Municipal Act, s. a. The tax extension agreement must be Agreement CAO/Treasurer the Municipality of Clarington, subject to limitations, as per 23.1 & s. 386(5) requested by and entered into with any or Designate Section 378 of the Municipal Act, 2001. 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 -land d. Conforms to the Collection Policy guidelines Page 21 of 49 Office Consolidation 2024-042 By-law Short Description Delegate Specific Delegation of Authority Council's Authority Checks and Balances of Matter to Delegate Taxes — holding Deputy To make decisions and hold meetings under the following Municipal Act, s. meetings CAO/Treasurer subsections of the Municipal Act: 23.1 & s. 386(5) or designate 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. Revenue — Collect Deputy To extend payment terms on outstanding accounts or collect such Municipal Act, s. In accordance with Budget Policy and/or Accounts CAO/Treasurer accounts, including referring accounts for collection by agencies 23.1 Purchasing By-law as applicable. or designate or use of legal proceedings, where it is deemed necessary. Revenue — Interest Deputy To charge interest on temporary loans to external parties to finance Municipal Act, s. In accordance with Budget Policy and/or on Temp Loans for CAO/Treasurer capital projects. 23.1 Purchasing By-law as applicable. Capital Increase Project — Deputy To make capital budget funding adjustments to refinance any capital Municipal Act, s. Additional Funds CAO/Treasurer project or program to effect changes resulting from new funding 23.1 sources. Court Matters — Deputy To approve the cancellation of accounts and monies owed to the Municipal Act, s. In accordance with Budget Policy and/or Small Claims — CAO/Treasurer Municipality for amounts up to the prevailing limit for Small Claims 23.1 Purchasing By-law as applicable. Write Off or designate Court actions. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreements — Delegates as To enter into contracts and agreements procured under the Municipal Act, s. In accordance with Budget Policy and/or Procurement set out in prevailing Purchasing By -Law. 23.1 Purchasing By-law as applicable. Purchasing By- law Letters of Credit — Deputy To approve, accept, and release, letters of credit as security for Municipal Act, s. By written recommendation from Planning Developer CAO/Treasurer performance and payments relating to development agreements. 23.1 and Infrastructure Staff. Securities Page 23 of 49 Office Consolidation 2024-042 By-law Schedule E (LEG) Legislative Services Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Agreements — Deputy CAO/ To execute confidentiality agreements. Municipal Act, s. Confidentiality Solicitor 23.1 Agreements — Deputy To enter into Boundary Road Agreements provided there is Municipal Act, s. Boundary Road CAO/Solicitor a proportional sharing of costs between adjacent 23.1 municipalities. Agreements — Deputy CAO/ To execute lease renewal/extension agreements for Municipal Act, s. Subject to the limitations in Budget Policy and Lease Solicitor or community agencies that occupy space in a municipal 23.1 recommended by the Deputy CAO/Solicitor renewal/extensions designate facility. Agreements — Deputy CAO/ To take measures on behalf of the Municipal Corporation to Municipal Act, s. Licensing of Solicitor or obtain or maintain copyright, trademark, patent, intellectual 23.1 Municipal Entities designate property, and personal property rights or interests. Agreements — Trail Deputy To execute agreements with Ontario Power Generation Municipal Act, s. License CAO/Solicitor related to the use of public recreational trails. 23.1 Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Agreements — Deputy To approve the execution of agreements for parking Municipal Act, s. In a form approved by the Deputy Parking on Private CAO/Solicitor or enforcement on private property. The delegation also 23.1 CAO/Solicitor Property designate applies equally to any amendment or termination of such agreements. Agreements — Deputy To execute an agreement for the exchange or release of Municipal Act, s. Recommended by the Deputy CAO/Solicitor Exchange/Release CAO/Solicitor or information under the Municipal Freedom of Information and 23.1 FOI information designate Protection of Privacy Act. Animals - Appoint — Deputy To appoint or withdraw the appointment, as the case may Livestock, Poultry Livestock Valuer CAO/Solicitor or be, of municipal investigators (livestock valuers) for the and Honey Bee designate Municipality as may be required for the purposes of the Protection Act Ontario Wildlife Damage Compensation Program as per the Livestock, Poultry and Honey Bee Protection Act Animals - Appeals Deputy To adjudicate requests under section 105 of the Municipal Municipal Act, s. In accordance with the rules outlined in the — Order to Restrain CAO/Solicitor or Act, 2001 related to muzzling a dog 23.1 and 23.5 Municipal Act, s. 23.5 Hearings designate (Delegations regarding hearings) Animals — Shelter Deputy To have the discretion to shelter animals from other Municipal Act, s. animals from other CAO/Solicitor or jurisdictions/organizations on an adhoc basis, or a longer 23.1 jurisdictions designate term basis, with an agreement. Court Matters — Deputy To commence, defend, or conduct any proceeding before Municipal Act, s. Commence, CAO/Solicitor any court, administrative tribunal or other decision -making 23.1 Defend, Conduct or advisory body in accordance with instructions received under instructions from Municipal Council or from officers or employees of the Municipality having operational responsibility for the subject matter of such proceeding. Page 25 of 49 Office Consolidation 2024-042 By-law Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Court Matters - Deputy To commence, defend, or conduct any proceeding before Municipal Act, s. Commence, CAO/Solicitor any court, administrative tribunal or other decision -making 23.1 Defend, Conduct or advisory body on the Deputy CAO/Solicitors own under own initiative initiative where necessary to protect, preserve or assert the (Non-POA) 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. Court Matters — Deputy To commence and conduct appeals of the decisions of Municipal Act, s. Appeals (Non-POA) CAO/Solicitor courts, administrative tribunals, or other decision -making or 23.1 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. Court Matters — Deputy To commence, defend, conduct, or settle any uninsured Municipal Act, s. Small Claims CAO/Solicitor claim in the Ontario Small Claims Court on behalf of the 23.1 Municipality. Court Matters - Deputy To settle uninsured claims (whether or not asserted in Municipal Act, s. With concurrence of the CAO Settlement of CAO/Solicitor litigation), and authorize payment or acceptance of payment 23.1 Claims under in settlement of such claims in an amount not to exceed $250,000 $250,000, exclusive of interest, provided that any action taken under this authority is subsequently reported to Council. Court Matters - Deputy To authorize the payment of any expenses, disbursements Municipal Act, s. Costs CAO/Solicitor or costs reasonably incurred by or awarded against the 23.1 Municipality in the course of a legal proceeding. Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Court Matters — Deputy To take all steps reasonably necessary or desirable to Municipal Act, s. Debt Enforcement CAO/Solicitor enforce orders, decisions, awards, and judgements made in 23.1 favour of the Municipality. Election Municipal Clerk To execute agreements and contracts for the purposes of Municipal Act, s. Agreements securing equipment, facility rentals, purchasing of goods 23.1 and other services in order to conduct Municipal and School Board Elections. Enforcement - Deputy To appoint persons affiliated with private parking authorities, Municipal Act, s. Appoint private CAO/Solicitor or as per Subsection 15(1) of the Policy Services Act, to 23.1 parking designate enforce the Clarington Traffic By-law. enforcement officers Governance — Deputy Designated as the head under the Ombudsman Act of Section 23.1 of the All reports from the Ombudsman will be Ombudsman CAO/Solicitor Ontario s. 1.1(1)(a) 1.1(2)(a). Municipal Act presented to Council at a General Governance Committee meeting. Ombudsman Act, s. 1.1(1)(a) Legal Affairs - Deputy To report to Municipal Council for the provision of legal Municipal Act, s. Reporting CAO/Solicitor advice and for obtaining instructions and direction touching 23.1 upon the legal affairs of the Municipality. Land — Agreement Deputy To direct the preparation of appraisal reports for the Municipal Act, s. All appraisals to be completed by appraisers for Appraisal CAO/Solicitor acquisition, or disposition, of land by either internal, or 23.1 who hold the Accredited Appraiser Canadian external, resources as required and deemed appropriate. Institute (AACI) or Certified Residential Appraiser (CRA) designations in good standing with the Appraisal Institute of Canada. Page 27 of 49 Office Consolidation 2024-042 By-law Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Land - Agreements Deputy To approve and execute agreements for the encroachment Municipal Act, s. - Encroachment CAO/Solicitor of existing buildings onto Municipal land, including land that 23.1 & 23.2(5) 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. Land — Agreements Deputy To approve and execute agreements for temporary Municipal Act, s. for entry onto land CAO/Solicitor permission to enter onto Municipal land for durations not to 23.1 exceed one year. Land —Agreements Deputy To approve and execute agreements to extend the closing Municipal Act, s. for extensions CAO/Solicitor date of purchase and sale transactions. 23.1 Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Land —Easement Deputy To execute releases or notices of abandonment of Municipal Act, s. Where the easement was acquired by the Abandonment CAO/Solicitor easements owned by the Municipality over lands where 23.1 Municipality: those easements are no longer required for municipal purposes subject to the checks and balances stated in the for no consideration, through the Delegation of Authority By-law. 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 Deputy To convey easements and licences to third parties over Municipal Act, s. For the purposes of this section, an easement to 3rd Parties CAO/Solicitor Municipally -owned lands where the easement/licence rights 23.1 which is minor in nature will have an are minor in nature or are for the purposes of providing a appraised value of $5,000.00 or less. 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. Land - Agreements Deputy To approve and execute agreements of purchase and sale Municipal Act, s. for purchase, sale CAO/Solicitor and all transfers for the purchase, sale, or exchange of land, 23.1 or exchange including easements, for any approved capital project. (Capital Projects) Page 29 of 49 Office Consolidation 2024-042 By-law Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Land — Execute Deputy To approve and execute undertakings, certificates, Municipal Act, s. The acquisition of land or land interests are documents CAO/Solicitor or declarations, and any other documents required for the 23.1 included as part of a project or program designate completion of any transaction involving the purchase, sale, approved by Council, and/or the monetary or exchange of any interest in land, including any obligation captured in approved budget. The documents required to be delivered under the applicable recording of any asset changes and financing agreement of purchase and sale. confirmed by the Treasurer. Land — Release Deputy To release any option to repurchase, notice, agreement or Municipal Act, s. Option CAO/Solicitor restrictive covenant in favour of the Municipality, where the 23.1 provision in favour of the Municipality has been satisfied, expired or is no longer required. Land —Sale of Deputy To execute documents related to the conveyance of any Municipal Act, s. interest Incidental CAO/Solicitor interest in land incidental to a subdivision or condominium 23.1 to subdivision or referenced within the subdivision or condominium condominium agreements, and shall include, but not be limited to, the conveyance of easements and reserves or the release of or abandonment of easements. Land —under Deputy To approve and execute agreements for the purchase and Municipal Act, s. $25,000 CAO/Solicitor or sale of land on behalf of the Municipality provided that the 23.1 designate total consideration or estimate of the purchase and sale price is reasonable and does not exceed $25,000 Land Titles — Deputy To submit applications under the Land Titles Act or Registry Municipal Act, s. Applications CAO/Solicitor Act in respect of lands owned by the Municipality. 23.1 Land Titles — Deputy To register any instrument on behalf of the Municipality Municipal Act, s. Municipal Interest CAO/Solicitor against the title to the lands in which the Municipality has an 23.1 interest. Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Licensing — Public Municipal Clerk To designate a "Public Event" pertaining to a Special Municipal Act, s. Based on the following guidelines adopted in Event Designation Occasion Permit issued (i.e. an event of municipal 23.2(5)2 Report CLD-028-12: significance) and authority to comment on a Liquor License Application, as per Section 24(4) of the Regulation 389/91 • Historical Events (ie, Orono Fair) Liquor License Act. • 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 — Municipal Clerk To determine whether it is appropriate to support a Tailgate Municipal Act, s. In consultation with applicable Deputy CAOs. Commenting on Event on Municipal Property. 23.1 Tailgate Events Marriages Municipal Clerk, or To provide civil marriages, for the Municipality of Clarington, Municipal Act, s. designate as per the Marriage Act, and Regulations, in the Clarington 23.1 Council Chambers, or otherwise, at the discretion of the Municipal Clerk. Records Municipal Clerk To act as head of the municipality for the purposes of the Subsection 3(3) of Management - Municipal Freedom of Information and Protection to Privacy MFFIPPA and MFIPPA Head Act. Subsection 23.1 of the Municipal Act Page 31 of 49 Office Consolidation 2024-042 By-law Short Council's Description of Delegate Specific Delegation of Authority Authority to Checks and Balances Matter Delegate Records Municipal Clerk To make minor deletions, additions, or other administrative Municipal Act, s. If there is a substantive error in an approved Management - By- or typographical changes to any by-law to ensure that the 23.1 & 23.3(2) by-law, this is not a reconsideration and Staff laws — minor correct and complete implementation of the actions of (Administrative) shall bring it to the attention of Council at its corrections Council form the subject matter of the by-law. earliest convenience for consideration. Records Municipal Clerk To repeal by-laws that are expired, have been replaced, or Municipal Act, s. Consultation with the Deputy CAO/Municipal Management - By- have otherwise ceased in their purpose 23.1 Solicitor and (for planning -related by-laws) laws — Exhausted Deputy CAO/Planning and Infrastucture. Authority Records Municipal Clerk To establish or amend retention periods for all municipal Municipal Act, s. Unless minor in nature, proposed revisions to Management - records in the Records Retention Schedule as per 23.1 & 254(1) & records classifications to be reviewed by Retention Schedule Subsection 254(1) of the Municipal Act, 2001 (records), 255(3) & 255(2) relevant department Staff and/or Legal Subsection 255(3) of the Municipal Act, 2001 (retention), Division prior to approval by the Municipal and Subsection 255(2) of the Municipal Act, 2001 Clerk. (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). 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 — Deputy CAO, To release agreements where development has not proceeded o Municipal Act, s. Releases to be in a form as approved by the Releases Planning & if imposed or required in satisfaction of any condition of approval 23.1 Deputy CAO/Solicitor. Infrastructure under the Planning Act or Condominium Act, in connection with the development of land. Agreements — Deputy CAO, To execute agreements imposed, or required, in satisfaction of Municipal Act, s. Agreements to be in a form as approved by Subdivisions, Planning & any condition of approval under the Planning Act in connection 23.1 the Deputy CAO/Solicitor. Condos, Land Infrastructure with the development of land such as subdivisions, plans of Division, Removal condominium, land divisions, removal of part lot control, site If second signature is required — it would be of Part Lot Control, plans and rezoning. Legal Services. Site Plans, Rezoning Agreements - Deputy CAO, To approve and execute agreements under the Community Municipal Act, s. Implements CIP program requirements. Approve and Planning & Improvement Programs and Section 28 of the Planning Act. 23.1 execute CIP Infrastructure Annual reporting to Council. agreements Agreement - Land Deputy CAO, To approve, as a condition of development, the conveyance of Municipal Act, s. In accordance with the Parkland and Open Conveyance — Planning & land, cash -in -lieu of conveyance of parkland, or combination 23.1 Space Dedication By-law. Parkland Infrastructure 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. Page 33 of 49 Office Consolidation 2024-042 By-law Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreement - Land Deputy CAO, To request the conveyance of land for a highway widening Municipal Act, s. Record in asset management system even if Conveyance — Planning & and/or for a reserve as a condition of development approval, as 23.1 transaction is non -monetary and consistent Highway Infrastructure per the Planning Act, subsections 41(7)(a)(1), 41(8)(a)(1) and with Planning Act, subsections 41(7)(a)(1), or Designate 41(9) 41(8)(a)(1) and 41(9). Agreement — Deputy CAO, To execute extension of development agreements where the Municipal Act, s. Agreements to be in a form as approved by Extension of Planning & agreement is not being altered in a significant way. 23.1 the Deputy CAO/Solicitor. Development Infrastructure Agreements Agreements — Deputy CAO, To execute on behalf of the Corporation of the Municipality of Planning Act, Minor Variance Planning & Clarington agreements required to implement the conditions of Sections 5 & 66 Infrastructure approval imposed by the Committee of Adjustment under or designate Section 45 of the Planning Act. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreements — Deputy CAO, to approve the release of agreements, including maintenance Municipal Act, s. Release for non- Planning & and liability agreements and encroachment agreements entered 23.1 Site Plan Control Infrastructure 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. Agreement — Deputy CAO, To execute subsequent renewals of the Sewage System Municipal Act, s. Sewage System Planning & Management Agreement with the Regional Municipality of 23.1 Management Infrastructure Durham. Agreement with Region Page 35 of 49 Office Consolidation 2024-042 By-law Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Agreements - Site Deputy CAO, To execute any agreement with the Municipality dealing with Municipal Act, s. Plan Control Planning & ensuring the provision of any or all of the facilities, works or 23.1 Infrastructure 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. Agreement — Deputy CAO, To execute an agreement respecting utilities or Municipal Act, s. For any agreement outside of the online Utilities or Planning & telecommunications required to service a Municipal property or 23.1 application, such additional agreement is to Telecom municatio Infrastructure facility. be reviewed by the Treasurer for billing ns for Municipal arrangements and Recommended by Legal Property Services. Apartments -in- Deputy CAO, To be the Official Registrar for Apartments -in -Houses Municipal Act, s. House Official Planning & 23.1 Registrar Infrastructure or designate Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances By-laws — Minor Deputy CAO, Arising out of OPA 132, delegation of authority for the following Section 39.2 of the The Planning Act requires that the Official Nature Planning Planning & additional functions, under Section 34 of the Planning Act: Planning Act Plan provide policies to specify the types of Infrastructure by-laws that may be delegated. The Planning Removal of Holding "H" Symbols. Act also provides that the delegation may be subject to conditions set out by Council, and Temporary Use Zoning By-law Amendments; and that Council may withdraw this authority at Housekeeping By-laws for the purposes of making clerical or any time through a by-law, including in anticipation of a by-law for which a final other changes to assist in the interpretation of a Zoning By-law. 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 49 Office Consolidation 2024-042 By-law Heritage Deputy CAO, The following authority with respect to properties that are Ontario Heritage The authority does not include the authority Conservation Planning & designated under Part V of the Ontario Heritage Act: Act, s. 42(16) to approve applications with conditions. The Districts Infrastructure authority does not include the power to to receive and issue notices of receipt for heritage permit refuse an application. 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 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 49 Office Consolidation 2024-042 By-law Heritage Deputy CAO, The following authority with respect to properties designated Ontario Heritage Section 33(15) requires consultation with the Properties — Planning & under Part IV of the Ontario Heritage Act (OHA): Act, section 33(15) Heritage Committee prior to delegation: Various actions Infrastructure (a) to issue notices of inclusion in the Register according to Section 27(5) and (6) of the OHA; The power to consent to alterations to (b) to process notices of objection under Section 27(8) of the property under this section may be OHA; delegated by by-law by the council of a municipality to an employee or (c) to receive notices of intention to demolish non -designated official of the municipality if the council buildings or structures listed on the Register pursuant to Section has established a municipal heritage 27(9) of the OHA; committee and has consulted with the committee prior to delegating the (d) to request plans and information pursuant to Section 27(11) power. 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; 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; Q) 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 49 Office Consolidation 2024-042 By-law Heritage — Minor Deputy CAO, To approve heritage permit applications relating to minor Municipal Act, s. The authority does not include the authority Alterations Planning & alterations which include the following classes of alterations: 23.1 to approve applications with conditions. The Infrastructure authority does not include the power to (i) restoration or preservation projects including projects funded refuse an application. 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; 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 Deputy CAO, To issue minor Heritage Permits for alterations and additions, as Municipal Act, s. Excludes construction of new buildings, minor heritage Planning & described in the Beech Avenue Heritage Conservation District 23.1 additions to buildings, demolition of all or a permits Infrastructure Plan. 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, To receive applications and the required fees, and to issue Municipal Act, s. Planning & permits and to attach conditions thereto in accordance with the 23.1 Infrastructure Tree By-law Page 43 of 49 Office Consolidation 2024-042 By-law Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Planning Deputy CAO, To give notice of complete applications to the prescribed Municipal Act, s. Notice provided to Members of Council Applications - Planning & persons and public bodies, in the prescribed manner and 23.1 Complete Infrastructure accompanied by the prescribed information; and make the or Designate 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. Planning — Deputy CAO, To approve descriptions under the Condominium Act: S.51,51.1 and 51.2 Consistent with approved site plan and Applications Planning & Planning Act Section Zoning By-law. Approve - Infrastructure 1) To endorse public meeting notifications 9 of the Condominium 2) To endorse the Notices of Decision of Council with Condominium Act Periodic reporting to Council applications respect to draft approval of plans of subdivision / plans of Section 9(10) of the condominium and to endorse the draft approved plans, subject Condominium Act to the conditions imposed by Council and Reg. 544/06 of the Planning Act 3) To endorse the Notices of Decision of Council with respect to all other Planning Act applications. Planning Deputy CAO, To refund all, or part, of a planning application fee to facilitate the Municipal Act, s. Application - Fees Planning & withdrawal of a Municipal planning application where planning 23.1 Infrastructure merits cannot be adequately justified, or to correct an error in the or Designate original fee calculation. Planning Deputy CAO, To prepare and file an application, submission, declaration, Municipal Act, s. Project has been approved by Council. Application — Planning & representation and execute any agreement imposed or required 23.1 Municipal Infrastructure in the satisfaction of any condition of approval under the Applicant or Designate 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. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Planning Deputy CAO, To provide notice that the information and material required Municipal Act, s. Applications — Planning & under any application under the Planning Act has either been 23.1 Notice Infrastructure provided or not provided and that the application is deemed to or Designate 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. Planning - Deputy CAO, To approve applications, and by-laws, for the removal of part lot Municipal Act, s. Removal of Part Lot Control to be presented Applications- Part Planning & control, as per S. 50 (7) of the Planning Act. 23.1 to next Council meeting for adoption. Lot Control — Infrastructure Applications and Periodic reporting to Council By-laws Planning Deputy CAO, To refuse an application made under the Planning Act which is Municipal Act, s. Applicant must be notified and provided 60 Applications - Planning & inactive for over one year. 23.1 days to respond with no objection. Refuse inactive Infrastructure or Designate Requires periodic reporting to Council. Planning Deputy CAO, To approve plans of subdivision under the Planning Act: Sections 23.1 to This authority extends only in these matters Applications - Planning & 23.5 of the Municipal in respect of which Council adopted Subdivision Infrastructure 1) To endorse public meeting notifications Act procedures. Applications - or designate 2) To endorse the Notices of Decision of Council with Section 51.2(1) of Approve - Plan of respect to draft approval of plans of subdivision / plans of the Planning Act Subdivision 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. Page 45 of 49 Office Consolidation 2024-042 By-law Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Planning Deputy CAO, To sign for development application withdrawals Municipal Act, s. Applications — Planning & 23.1 Withdrawals Infrastructure or designate Site Plan Control - Deputy CAO, To approve the release of agreements, including maintenance Municipal Act, s. Agreements — Planning & and liability agreements and encroachment agreements entered 23.1 Release for Site Infrastructure into as a condition of site plan control where: Plan Control 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. Short Description of Matter Delegate Specific Delegation of Authority Council's Authority to Delegate Checks and Balances Site Plan Control Deputy CAO, The powers and authority of Council under Section 41 of the Municipal Act, s. Prior to stamping drawings, written Area Planning & Planning Act, except the authority to define any class or classes 23.1 concurrence will be provided by the Manager Infrastructure of development as mentioned in Section 41(13)(a) of Development Engineering. This will be done in consultation with the Director of Public Works as required. Page 47 of 49