Loading...
HomeMy Public PortalAboutDelegation of Council Authority Consolidated Bylaw 1324 Delegation of Council Authority Bylaw 1324 CONSOLIDATED FOR PUBLIC CONVENIENCE (Includes Amendments up to April 11, 2022) 1324.01 Schedule A Adopted December 11, 2017 1324.02 Schedule A Adopted April 11, 2022 TOWN OF OLIVER BYLAW 1324 A Bylaw to authorize the delegation of Local Government Authority WHEREAS pursuant to Section 154 of the Community Charter, Council may, by bylaw, delegate its powers, duties and functions, including those specifically established by an enactment, to its officers and employees; and WHEREAS the Council desires to delegate its authority for certain matters; NOW THEREFORE, the Council of the Town of Oliver, in open meeting assembled, enacts as follows: 1. Title This bylaw may be cited for all purposes as “Delegation of Council Authority Bylaw 1324". 2. Definitions In this Bylaw, unless the context otherwise requires: “Approving Officer” means the person appointed by Council as the Approving Officer for the Town of Oliver; Amended December 11, 2017 Bylaw 1324.01 “Chief Administrative Officer” means the person appointed by Council as the Chief Administrative Officer; “Corporate Officer” means the person appointed by Council as the Corporate Officer; “Council” means the Council of the Town of Oliver; “Director of Operations” means the person appointed by Council as the Director of Operations; “Possessor” means Tenant, Licensee, or Occupier; Amended December 11, 2017 Bylaw 1324.01 “Signing Authorities” means: (a) Two separate signatures from among the Municipal Manager, Chief Financial Officer, Manager of Financial Services, Corporate Officer, Director of Operations or Director of Development services; OR (b) One signature from the Municipal Manager, Chief Financial Officer, Manager of Financial Services, Corporate Officer, Director of Operations or Director of Development services plus one signature from a member of municipal council; "Town" means the Town of Oliver. Bylaw 1324 Page 3 3. Delegation of Authority Council hereby delegates to the Signing Authorities and positions set out in Schedule ‘A’ attached to this bylaw the powers, duties and functions of Council as listed in Schedule ‘A’, subject to any limitations on that delegated authority. 4. Delegation Includes Deputy or Acting Where this bylaw delegates a power, duty or function to a named position, the delegation is to the person who holds the position and to any person who, from time to time, is the deputy or is appointed by Council to act in the capacity of the delegate in the delegate’s absence. 5. No Delegation by a Delegate A person to whom a power, duty or function has been delegated under this bylaw has no authority to further delegate to another person any power, duty or function that has been delegated by this bylaw. 6. Reconsideration by Council All of the following apply to any decision by a delegate under Schedule ‘A’: (a) Any owner of property a that is subject to a decision under Schedule ‘A’ who is dissatisfied with the decision is entitled to have the decision reconsidered by Council in accordance with this section; (b) An owner who wishes to have a decision reconsidered by Council must apply for reconsideration by delivering to the Corporate Officer, within 30 days after the decision is communicated in writing the following information: (i) The date and the nature of the decision; (ii) The reasons why the owner wishes the decision to be reconsidered by Council; (iii) The decision the owner requests be made by Council, with brief reasons in support of the requested decision; and, (iv) A copy of any materials considered by the owner to be relevant to the reconsideration by Council. (c) A reconsideration application will be considered by Council at a regular meeting of Council; (d) The Corporate Officer must: (i) place each reconsideration application on the agenda for a regular meeting of Council in accordance with section 21 of the Oliver Council Procedure Bylaw, (ii) give notice of each reconsideration by Council in accordance with any notice requirements in respect of the original application that are set out in the Town of Oliver Procedure Bylaw; and, (iii) before each reconsideration by Council, deliver to each Council member a copy of the material that was considered by the delegate in making the decision that is to be reconsidered. (e) In reconsidering a decision, Council must consider the material that was considered by the delegate in making the decision; (f) At a reconsideration of a decision, the owner and any other person who is interested in the decision are entitled to be heard by Council; (g) Council is entitled to postpone reconsideration of a decision; and, (h) After having reconsidered a decision, Council may either confirm the decision or may set aside the decision and substitute the decision of Council. 7. Scope of Bylaw For clarity, subject to the Community Charter, unless a power, duty or function of Council has been expressly delegated by this bylaw or another Council bylaw, all of the powers, duties and functions of Council will remain with Council. 8. Severability If any portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion shall be severed and the remainder of this bylaw shall be deemed to have been adopted without the severed portion. Read a first, second and third time on May 28, 2012. Third Reading Rescinded and Re-read a third time on June 25, 2012 Adopted on July 9, 2012. “original signed by Mayor” “original signed by Corporate Officer” _____________________ Mayor Corporate Officer Bylaw 1324 Page 5 Amended December 11, 2017 Bylaw 1324.01 Amended April 11, 2022 Bylaw 1324.02 Schedule ‘A’ to Bylaw 1324 Signing Authorities 1. The Signing Authorities have authority to execute the following documents on behalf of the Town of Oliver when they are in standard form, or substantially in a standard form and under the circumstances that the Town considers appropriate: a) Statutory Covenants under s. 219 of the Land Title Act; b) Statutory Rights of Way Agreements under s. 218 of the Land Title Act; c) Easement Agreements under s. 181 and s. 182 of the Land Title Act; d) Encroachment Agreements; e) Development Servicing Agreements which have been signed off by the Approving Officer and which the Approving Officer deems to be a minor subdivision; f) Renewal of Mutual Aid and Fire Protection Services agreements; g) Renewals of funding agreements with senior governments; h) Renewals of service contracts with individuals or corporations; i) Renewals of leases, land tenures, and licenses to occupy where the Town is the possessor, provided there are not substantive changes; j) Land Title documents to release obsolete charges from land titles; k) Individual Contracts to supply services or goods not to exceed the limit per contract per annum as set in the Town of Oliver’s Purchasing Policy; and subject to funding contained within an approved financial plan; and l) Contracts to sell services or goods in accordance with rates determined in the approved financial plan or adopted Fees and Charges bylaw. 2. The Chief Administrative Officer has authority to approve, issue, sign, amend and cancel the following development permits: a) Watercourse Development Permits; b) Environmentally Sensitive Development Permits; and c) Manufactured Home Park Permits; and d) Development Permits for duplexes; and e) Development Permit amendments. 3. The Chief Administrative Officer has authority to approve the strata conversion of a previously occupied residential building under s. 242 of the Strata Property Act. 4. The Subdivision Approving Officer has authority to exempt a parcel from the minimum frontage provided in s. 512 of the Local Government Act. 5. The Director of Operations has authority under s. 38 of the Community Charter to approve applications for temporarily restricting or prohibiting all or some types of traffic on a highway including applications for parades, walk-a-thons, fundraisers and races.