TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT: DELEGATION BYLAW NO. 872, 2015

TOWN OF VIEW ROYAL COMMITTEE OF THE WHOLE REPORT

TO: Committee of the Whole DATE: October 6, 2015 FROM: Elena Bolster, Deputy Municipal Clerk MEETING DATE: October 13, 2015

DELEGATION BYLAW NO. 872, 2015

RECOMMENDATION:

THAT the Committee receives the report dated October 6, 2015 from the Deputy Municipal Clerk titled “Delegation Bylaw No. 872, 2015”;

AND THAT the Committee recommend to Council that Policy No. 2200-005 – Execution of Legal Documents be removed from the Policy Manual.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF CORPORATE SERVICE’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICE’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

For the Committee to review Delegation Bylaw No. 872, 2015 as it better conforms with authorities of the Community Charter and the Land Title Act.

BACKGROUND INFORMATION:

The Town’s draft Delegation Bylaw (see Attachment “A”) contains provisions which delegates Council’s authority to authorize execution of certain agreements, land use referrals, and development permits to the Chief Administrative Officer and Corporate Officer.

DISCUSSION:

The draft Delegation Bylaw No. 872, 2015 is intended to better reflect the provisions of the Community Charter and align with current municipal staff responsibilities.

Councils, by legislation, have the opportunity to delegate responsibilities to officers and staff. This delegation can provide benefits for Council as it allows for detailed consideration of operations or the administration of a service by the delegate. As a result, Council can then focus on the broader, strategic issues and longer term needs of the municipality.

This broad authority is balanced with accountability to the public by including specific limitations on delegation and, in certain cases, reconsideration mechanisms. As well, there are specific limitations on delegation contained in the Local Government Act, for example, a council cannot delegate the authority to issue a development variance permit.

Section 154(1) of the Community Charter authorizes a municipal council to delegate its powers, duties and functions, with some limitations, to an officer or employee by bylaw, while section 154(2) describes the limitations on the delegation of power, including the requirement that certain decision-making authority cannot be delegated. Also, section 154(5) of the legislation also allows a municipal council to establish any terms and conditions it considers to be appropriate.

An internal and subsequent external legal review of this bylaw was completed, paying particular attention to the execution and approval of various functions, permits, agreements and documents as well as the reconsideration tool of a decision available to Council for two types of development permits.

As the execution of legal documents is proposed to be delegated in the draft Delegation Bylaw, it is recommended that Policy No. 2200-005 – Execution of Legal Documents be removed from the Policy Manual (see Attachment “B”).

RECOMMENDATION:

THAT the Committee receives the report dated October 6, 2015 from the Deputy Municipal Clerk titled “Delegation Bylaw No. 872, 2015”;

AND THAT the Committee recommend to Council that Policy No. 2200-005 – Execution of Legal Documents be removed from the Policy Manual.

SUBMITTED BY: E. Bolster, Deputy Municipal Clerk

REVIEWED BY: S. Jones, Director of Corporate Services