Delegation of Powers Policy

Approved By: City Council
Section: City Clerk
Subsection:
Approval Date: November 27, 2007
Effective Date: November 27, 2007
Revision Date:

Policy statement

The City of Ottawa will delegate its powers and duties in order to support efficient management of municipal operations and ensuring appropriate accountability and reporting is assigned to each delegation.

Definitions

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 that do not involve discretionary decision-making.

Purpose

This policy provides guidance regarding the scope of powers and duties that Council may delegate under its legislative and administrative authority and establishes principles governing such delegation.

Application

As required by Section 270 of the Municipal Act, 2001, this policy applies to all City of Ottawa operations.

Policy requirements

City Council supports the delegation of powers and duties to provide efficient management of municipal operations and respond to matters in a timely fashion according to the following principles:

  1. All delegation of powers and duties shall be set out in the Delegation of Authority By-law and reviewed every term of Council.
  2. Unless expressly delegated by Council through the Delegation of Authority by-law, all powers and duties of Council remain with Council.
  3. All delegation of powers and duties may be revoked at any time without notice.
  4. No delegation of powers and duties shall exceed the term of Council.
  5. Every delegation of a power or duty of Council shall be accompanied by a corresponding accountability and transparency mechanism.
  6. A delegation of a power or duty under any by-law to any member of staff is also a delegation to a person appointed as the City Manager to act in the capacity of the delegate in their absence.

In exercising any delegated authority, the delegate shall ensure the following:·

  • Any expenditure related to the matter shall have been provided for in the current year’s budget;·
  • The scope of the delegated authority shall not be exceeded by the delegate;
  • The consistent and equitable application of Council policies and procedures; and
  • Where required by the specific delegated authority, reports shall be submitted to Council advising of the exercise of a delegated authority and confirming compliance with the delegated authority and this policy.

Responsibilities

City staff is responsible for adhering to the parameters of this policy and for ensuring appropriate application of delegated authority.

Monitoring/contraventions

The City Clerk shall be responsible for receiving complaints and/or concerns related to this policy. Upon receipt of a complaint and/or concern, the City Clerk shall notify City Council and the City Manager.

Legislative and administrative authorities

Section 270 of the Municipal Act, 2001, as revised by Bill 130 requires that the City adopt and maintain a policy with respect to the delegation of powers and duties.

Delegation of Authority By-law
Purchasing By-law
Standing Committee Terms of Reference

Enquiries

City Clerk
City Manger’s Office
City of Ottawa
Telephone: 3-1-1 (TTY: 613-580-2401)

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