A by-law of the City of Ottawa to appoint Councillors to act in place of the Mayor and to repeal By-law No. 2021-23.
Whereas subsection 242 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, provides that a municipality may, by by-law, appoint a member of the council to act in the place of the head of council when the head of council is absent or the office is vacant, and while so acting such member has all the powers and duties of the head of council with respect to the role of presiding at meetings; and,
Whereas Section 23.1 of the Municipal Act, 2001 states that a municipality is authorized “to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part,” none of which relate to powers and duties exercised by Deputy Mayors/Acting Deputy Mayor(s) at the City of Ottawa;
Therefore the Council of the City of Ottawa enacts as follows:
Members of Council are hereby appointed as Deputy Mayors to act from time to time in the place of the Mayor when the Mayor is absent or absent through illness or the office is vacant, and, while so acting, such Councillors have and may exercise all the rights, powers and authority of the Mayor for the period of time that is set out opposite their names in Schedule A of this By-law.
With the concurrence of the Mayor and impacted Members of Council, the City Clerk has the authority to place a by-law directly on the Council agenda for enactment to amend Schedule A of this By-law.
Council may also by resolution appoint other Member(s) of Council to act in place of the Deputy Mayors if the three appointed Deputy Mayors are not available or are absent and, while so acting, the appointed Member(s) of Council shall have and may exercise all the rights, powers and authority of the Mayor for a period of time specified in the Council resolution.
The responsibilities and scheduling of each Deputy Mayor/Acting Deputy Mayor shall be at the discretion of the Mayor and the Deputy Mayors/Acting Deputy Mayor(s).
In the absence of a written direction to the City Clerk to the contrary, it shall be assumed that at the time of the execution of a document by a Deputy Mayor/Acting Deputy Mayor, that the Deputy Mayor/Acting Deputy Mayor had the authority to execute the document.
By-law No. 2021-23 entitled “A by-law of the City of Ottawa to appoint Councillors to act in place of the Mayor” is repealed.
The schedule attached hereto and marked Schedule "A" form part of this By-law, and all notations, references and other information contained therein shall be as much a part of this By-law as if all the matters and information set forth by the said Schedule were fully described herein.
The provisions of this by-law shall come into force and take effect on January 1, 2023.
Enacted and passed this 25th day of January 2023.
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