Delegated Authority By-law

Schedule A: Delegation of Powers and Duties

Chief Administrative Officer

1.  Execute contracts, agreements and award tenders or proposals on behalf of Council during the summer recess period.

• Delegate: Chief Administrative Officer
• Conditions/Restrictions: Sections 4.2 and 8.3.1.1 of the Procurement Police are waived to effect this authority.

2.  Pay termination pay and/or severance pay, as necessary, in accordance with parameters outlined in Report HRD-09-2019, up to $50,000.

• Delegate: Chief Administrative Officer or designate as per Report HRD-09-2019

3.  Address standard compensation framework adjustments for individual staff positions in which the financial impact for each change will be less than $10,000 annually.

• Delegate: Chief Administrative Officer
• Conditions/Restrictions: Changes considered "standard" as described in New Initiative approved through the 2015 Tax Supported Operating Budget

4.  During a declared emergency, award any bids for goods, services and construction to an unlimited dollar value, and to reallocate approved budget funds as necessary to effect such purchases.

• Delegate: Chief Administrative Officer
• Legislative Authority: By-law 2156-20 as amended
• Conditions/Restrictions: Where the intent is to continue the core business of the municipality or for purchases directly associated with the emergency

5.  Approve or extend temporary staff positions (duration of 2 years or less) or to adapt existing part-time positions provided that funds are available within current budgetary allocation.

• Delegate: Chief Administrative Officer

6.  Approve budget transfer outside Procurement Policy 2013-02 to an upset limit of $250,000 to allow a tender to be awarded so a project can proceed provided the overall budget within the service area is not increased.

• Delegate: Chief Administrative Officer

7.  Approve property transactions that will allow federal, provincial or municipal capital projects to proceed and authority to bind the Corporation for projects/new funding opportunities with the Provincial and/or Federal governments in instances where time does not allow for obtaining Council authority.

• Delegate: Chief Administrative Officer
• Conditions/Restrictions: Where the contribution of other levels of government totals 66% or greater and where in consultation with the Treasurer the overall budget allocation will not be exceeded

8.  Commence any action or other legal proceeding on behalf of the County where time does not allow for obtaining Council authority.

• Delegate: Chief Administrative Officer
• Conditions/Restrictions: After consultation with County Solicitor and where monetary value of claim does not exceed $100,000

9.  Execute and implement releases, indemnities, minutes of settlement and other documents required for settlement of any legal claim, demand or other proceeding.

• Delegate: Chief Administrative Officer
• Conditions/Restrictions: Where the settlement does not exceed $100,000 and subject to the Treasurer's confirmation of sufficient funds being available. Excludes matters related to WSIB, long-term disability, HR-related claims and insurance-related claims

Schedule B: Delegation of Powers and Duties

Chief Administrative Officer/General Managers

1.  Enter into agreements where the subject matter is of an administrative or operational nature and relates to the management of the municipal corporation, including third parties, government agencies, other municipalities, railway authorities and First Nations.

• Delegate: Chief Administrative Officer or General Manager

2.  Enter into agreements for receipt of transfer payments or grants from federal and provincial governments and other granting organizations.

• Delegate: Chief Administrative Officer or Treasurer, plus General Manager (2 signatures), as required
• Conditions/Restrictions: No net levy or FTE impacts

3.  Authorize the use of municipal property by an organization or agency on a temporary basis as required. 

• Delegate: Chief Administrative Officer or General Manager

4.  Sign letters of support or comment on third-party proposals, programs and initiatives on behalf of the County.

• Delegate: Chief Administrative Officer or General Manager

Delegation of Powers and Duties

Municipal Clerk

1.  Act as “head” for the purposes of the Municipal Freedom of Information and Protection of Privacy Act.

• Delegate: Municipal Clerk and/or Deputy Clerk
• Legislative Authority: Municipal Freedom of Information and Protection of Privacy Act, By-law 2-01

2.  Establish and/or amend the retention schedule for the records of Haldimand County.

• Delegate: Municipal Clerk
• Legislative Authority: Municipal Act (s. 254, 255), By-law 1350-13

3.  Grant municipally significant designation as per the AGCO for festivals and events approved under Policy 2015-02.

• Delegate: Municipal Clerk or General Manager, Community and Development Services
• Legislative Authority: Liquor Licence Act

4.  Provide a letter of non-objection for applications for Temporary Extension of a Liquor Sales Licence through the AGCO related to Seasonal Sidewalk and Street Patio permits.

• Delegate: Municipal Clerk
• Legislative Authority: Liquor Licence Act

5.  Provide permission for any Licensed Convenience Outlets licensed by the LCBO to sell beverage alcohol on prescribed holidays, provided that they meet the criteria in the Retail Business Holidays Act to carry on retail business on those days.

• Delegate: Municipal Clerk
• Legislative Authority: Liquor Licence Act

Delegation of Powers and Duties 

Treasurer

1.  Administer any complaints filed with the Assessment Review Board, sign on behalf of the County and participate in any related legal proceedings.

• Delegate: Treasurer
• Legislative Authority: Assessment Act By-law 996-09

2.  Execute Assessment Review Board Minutes of Settlements.

• Delegate: Treasurer
• Legislative Authority: Assessment Act By-law 1015-09
• Conditions/Restrictions: Where the property tax adjustment for the municipality's share is less than $100,000

Delegation of Powers and Duties

General Manager, Community and Development Services

1.  Confirm completion of applications and provide all required notices for complete applications under the Planning Act.

• Delegate: Manager, Planning and Development
• Legislative Authority: Planning Act (s. 5, 22, 34, 51), By-law 861-07

2.  Approve proposals pursuant to the Rural Business and Tourism Community Improvement Plan up to a threshold of $10,000

• Delegate: General Manager, Community and Development Services

3.  Approve Minor Festival and Events and returning Major Festivals and Events.

• Delegate: General Manager, Community and Development Services

4.  Authorize a grant level of $10,000 within the Capital Projects program of the Community Partnership Program.

• Delegate: General Manager, Community and Development Services

5.  Approve Minor Festivals and Events and returning Major Festivals and Events.

• Delegate: General Manager, Community and Development Services

6.  Approve applications and permits to allow the use of municipal property for seasonal patios and also, the authority to revoke permits.

• Delegate: General Manager, Community and Development Services
• Conditions/Restrictions: Revocation based on non-compliance with parameters of the Seasonal Sidewalk and On-Street Patio program or on the basis of emergency construction that requires removal of the patio

7.  Enter into agreements for existing farm crossings over County-owned lands for farming-related activities.

• Delegate: Manager, Community Development and Partnerships, and Manager, Legal and Support Services, jointly

8.  Approve site plans, plans of subdivision, part lot control, certain land transfers and other matters.

• Delegate: General Manager, Community and Development Services
• Legislative Authority: Planning Act (s. 5, 41, 50, 51), By-law 2082-19

9.  Approve large-scale special events at the Hunt Club (Canfield Estates) in accordance with By-law 1162-HC/19.

• Delegate: General Manager, Community and Development Services

10.  Execute agreements related to Planning Act applications, construction, or external works.

• Delegate: General Manager, Community and Development Services
• Legislative Authority: By-law 2301-21

11.  Sign conditional building permit agreements.

• Delegate: Chief Building Official 
• Legislative Authority: Building Code Act (s. 8 3.1)

12.  Execute dispatch agreements.

• Delegate: Fire Chief

13.  Execute Community Partnership Program Licence Agreements.

• Delegate: General Manager, Community and Development Services or Chief Administrative Officer

14.  Execute Community Hall Loan Agreements approved through Community Partnership Program – Capital Grants Policy 2003-01.

• Delegate: General Manager, Community and Development Services, General Manager, Financial and Data Services, or Chief Administrative Officer

15.  Renew or extend existing Memoranda of Understanding with Fields & Parks Management groups, originally approved by Council.

• Delegate: General Manager, Community and Development Services
• Conditions/Restrictions: Based on staff review/recommendation

16.  Renew or extend existing third-party property agreements.

• Delegate: General Manager, Community and Development Services
• Conditions/Restrictions: Based on staff review/recommendation

17.  Approve discretionary fee adjustments in case of service interruptions or staff error related to: planning applications, building permits, facility rentals, ice usage, aquatics and programs.

• Delegate: General Manager, Community and Development Services

18.  Execute minutes of settlement for any planning matter before a land tribunal.

• Delegate: General Manager, Community and Development Services
• Conditions/Restrictions: To be referred to Council where matters of financial significance are involved

19.  Execute new and renewal agreements and Memoranda of Understanding with local conservation authorities for the delivery of various services under the Conservation Authorities Act subsequent to any budget approval.

• Delegate: General Manager, Community and Development Services

Delegation of Powers and Duties 

General Manager, Public Works

1.  Temporarily close highways during construction, repair or improvement, for social recreational, community, athletic or cinematographic purposes.

• Delegate: General Manager, Public Works Operations
• Legislative Authority: Municipal Act By-law 211-02

2.  Provide for temporary rates of speed and temporary stopping conditions on highways.

• Delegate: General Manager, Public Works Operations
• Legislative Authority: Highway Traffic Act By-law 2135-20

Delegation of Powers and Duties

General Manager, Engineering and Capital Works

1.  Acquire road widening under certain circumstances.

• Delegate: Manager, Engineering Services and Manager, Legal and Support Services, jointly
• Legislative Authority: By-law 1515-15

2.  Acquire portions of travelled roads under certain circumstances.

• Delegate: Manager, Engineering Services and Manager, Legal and Support Services, jointly
• Legislative Authority: By-law 1726-16

3.  Approve final assumption of a plan of subdivision subject to a by-law being passed.

• Delegate: Manager, Engineering Services and Manager, Planning and Development, jointly

4.  Execute mutual drain agreements.

• Delegate: Manager, Engineering Services
• Legislative Authority: Drainage Act (sect. 2)

5.  Approve execution of agreements for acquisition or temporary and permanent easements required for approved capital projects.

• Delegate: General Manager, Engineering and Capital Works

6.  Establish traffic control and parking conditions for new subdivisions, subject to presentation of a by-law for Council enactment

• Delegate: Manager, Engineering Services

Designation of Powers and Duties

General Manager, Corporate and Social Services

1.  Insurance Claims Handling and Reporting Protocol – settle or deny claims – over $100,000 and up to $250,000.

• Delegate: Chief Administrative Officer and General Manager of Corporate and Social Services, jointly
• Conditions/Restrictions: Additionally: General Manager, Corporate and Social Services – up to $100,000; Manager, Legal and Support Services – up to $25,000; Supervisor, Risk Management and Legal Services – up to $5,000

2.  Consent to the registration of the necessary documentation on the title of any properties affected by the Corporations of the Town of Haldimand By-law 323/81 in order to address future requests similar in factual nature as outlined in Report CS-SS-34-2015 re: County Transfer of a Portion of Old Lakeshore Road.

• Delegate: Manager, Legal and Support Services

3.  Convey portions of Old Lakeshore Road for $1.00, with final approval being given via the passing of a bylaw in accordance with the criteria outlined in Report CS-SS-08-2016. Consent to the deletion of any “subject to interest” notation on affected properties that do not require a conveyance in accordance with the criteria outlined in Report CS-SS-08-2016.

• Delegate: Manager, Legal and Support Services

4.  Receive quarterly quality reports for GVL provided that an annual report is presented to Council for accreditation purposes.

• Delegate: General Manager, Corporate and Social Services
• Legislative Authority: Accreditation Canada Required Organization Practices

5.  Execute agreements between the Ministry of Health and Haldimand County as they relate to the Long-Term Care Service Accountability Agreement.

• Delegate: General Manager, Corporate and Social Services
• Legislative Authority: Local Health Integration Network and/or Ministry of Health and Long-Term Care

6.  Authorize student placement agreements with instructional institutions to provide placement programs at Grandview Lodge, subject to the terms as set out in Report GVL-03-2021.

• Delegate: General Manager, Corporate and Social Services

7.  Execute agreements to lease space at Grandview Lodge to other groups i.e. Alzheimer Society.

• Delegate: Administrator, Grandview Lodge

8.  Execute insurance policy renewal.

• Delegate: General Manager, Corporate and Social Services

9.  Enter into encroachment agreements on road allowances and over other County property subject to the submission of a by-law for Council approval.

• Delegate: General Manager, Corporate and Social Services

10.  In consultation with the Manager, Customer Experience & Communications, make Consumer Price Index adjustments to Hired Vehicle fares on an annual basis as outlined in Report CEC-02-2023.

• Delegate: General Manager, Corporate and Social Services

Delegation of Powers and Duties

Committees of Council

1.  Act as Appeal Committee as defined through the Animal Control By-law.

• Delegate: Appeal Committee consisting of the members appointed to the Committee of Adjustment with a term to coincide with that of Council
• Legislative Authority: By-law 1396-13 as amended

2.  Consider appeals of sign variances as regulated through the Sign By-law.

• Delegate: Sign Variance Committee consisting of the members appointed to the Committee of Adjustment with a term to coincide with Council
• Legislative Authority: By-law 1064-10 as amended