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HomeMy WebLinkAboutBy-law 7934/22The Corporation of the City of Pickering By-law No. 7934/22 Being a by-law to authorize the delegation of authority to the Chief Administrative Officer for certain acts during a “Lame Duck Period” for the 2022 Municipal Election W hereas Section 275 of the Municipal Act, 2001 S.O. 2001, c.25, as amended, (the “Act”), restricts Council from undertaking certain acts after either nomination day, or after the last voting day, based on the criteria as set out in Section 275 of the Act, once it can be determined that the new council will include less than three-quarters of the members of the outgoing council; And Whereas, the period in which the acts of council are restricted (“Lame Duck Period”) ends on the day the Council-elect takes office and is deemed organized in accordance with the Act; And Whereas, Section 275(6) of the Act provides that nothing in Section 275 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, pursuant to Section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the restrictions set out in the Act; And Whereas, to ensure the efficient and effective management of The Corporation of the City of Pickering (the “City”), during a Lame Duck Period, it is prudent that Council delegates certain authority to the Chief Administrative Officer for that period of time; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1.The Chief Administrative Officer is hereby delegated Council’s authority, for the period following Nomination Day, or Voting Day, in the year of the election when it has been determined that a Lame Duck Period is in effect, for approval of the following matters: a.the disposition of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal, provided such disposition shall not exceed $500,000 per occurrence; b.in addition to the authority described in Section 1. a. above, making any expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day, provided that such expenditure or liability shall not exceed $500,000 per occurrence and the appropriate funds are available for the expenditure which shall be determined by the Treasurer and CAO in accordance with the Financial Control Policy; 2.The Chief Administrative Officer shall notify Council in writing, for their information, on an ongoing basis, of any exercise of delegated authority pursuant to this By-law; By-law No. 7934/22 Page 2 3.The Chief Administrative Officer shall provide an information report to the new Council, in the first quarter of the year following the election, setting out each use of delegated authority pursuant to this By-law; and, 4.The authority delegated pursuant to this By-law shall only be in effect during the Lame Duck Period. By-law passed this 24th day of May, 2022. ________________________________ David Ryan, Mayor ________________________________ Susan Cassel, City Clerk Original Signed By Original Signed By