As the province begins to gradually ease restrictions on January 31, 2022, the Town of Oakville is ready to welcome residents back to our facilities with health and safety measures in place.
The Council of the Town of Oakville (town) is directly accountable for all municipal powers and duties as legislated under the Municipal Act, 2001 or any other Act and at the same time recognizes that the delegation of municipal powers and duties may provide for improved efficiencies, the utilization of a particular expertise or enhanced engagement.
In determining any delegation of its powers and duties, Council shall abide by the legislative restrictions and shall also ensure that such delegation will be accomplished maintaining the principles of accountability and transparency.
The Municipal Act, 2001 requires that all municipalities adopt and maintain a policy with respect to the delegation of municipal powers and duties. By-law 2021-077, Delegation of Municipal Powers and Duties By-law, as amended or replaced, delegates administrative authority to senior management and other staff. This policy is to provide further guidance to Council and staff on the application and operation of the By-law, set out the scope of the powers and duties which Council may delegate, and to establish principles governing such delegation.
This policy applies to all departments and staff.
Council may choose to delegate administrative powers and duties to:
Council may choose to delegate legislative and quasi-judicial powers and duties to:
In accordance with subsection 23.3(1) of the Municipal Act, 2001, Council is not authorized to delegate any of the following powers and duties:
Council may choose to revoke a delegation of power at any time or Council may delegate a power and specify that it cannot be revoked during the term of Council.
This policy is also aligned with the corporate values of the Town to be accountable, dedicated, honest, innovative, respectful, and to work as a team.
All delegation of powers and duties set out in the Municipal Powers and Duties By-law shall be reviewed every term of Council. Best practice would be for this to be reviewed early in the term of Council, in conjunction with a review of this policy.
Every delegation of a power or duty of Council shall be accompanied by a corresponding accountability and transparency mechanism. Where applicable, departments are responsible for reporting to Council on the exercise of delegated authority through the Town Clerk, on the number and nature of the delegations exercised, and confirming compliance with the limitations on the exercise of the delegated power or duty.
The Town Clerk is responsible for receiving complaints and inquiries related to this policy and the exercise of delegated authority. Upon receipt of a complaint, the Clerk shall notify Town Council and the Chief Administrative Officer.
Legislative Powers - Includes all matters where council acts in a legislative or quasi judicial function including enacting by-laws, setting policies, and exercising decision making authority.
Administrative Powers - Includes all matters required for the management of the corporation which do not involve discretionary decision making.
Pursuant to the Municipal Act, 2001, it is the role of Council to ensure:
Pursuant to the Municipal Act, 2001, it is the role of staff to implement Council’s decisions and establish administrative practices and procedures to carry out Council’s decisions.
Town staff is responsible for adhering to the parameters of this policy and for ensuring appropriate application of delegated authority.
Policy Number: G-GEN-010
Author: Clerk's Department
Effective Date: 2007 Dec 03
Review by Date: 2023
Last Modified: 2021 Sept 28