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BYLAW - Delegation of Authority Bylaw - 20191022 - 621219The Corporation of the Town of Aurora By-law Number 6212-19 Being a By-law to define the delegation policies and procedures for The Corporation of the Town of Aurora. Whereas section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may delegate its powers and duties under the Municipal Act to a person or body subject to certain restrictions as set out in the Municipal Act; And whereas paragraph 6 of subsection 270(1) of the Municipal Act provides that a municipality shall adopt and maintain policies with respect to the delegation of its powers and duties; And whereas on December 11, 2007 the Town adopted a corporate policy regarding procedures for the delegation of Council’s legislative and administrative authority; And whereas it is deemed necessary to adopt a new policy by by-law with respect to the delegation of Council’s legislative and administrative authority; Now therefore the Council of The Corporation of the Town of Aurora hereby enacts as follows: Part 1: Definitions, Principles, Purpose and Application 1. Definitions 1.(1) In this by-law and its schedules, the following words have the following meanings: (a) “Administrative Powers” means all matters required for the management of the Town that do not involve discretionary decision- making; (b) “Agreement” includes any contracts, memorandums of understanding, letters of intent, offers to purchase or sell, documents, forms, releases, retainers, reports, amendments, renewals or extensions required to give effect to the matter; (c) “CAO” means the person appointed as the Chief Administrative Officer for the Town pursuant to the Municipal Act; (d) “Clerk” means the person appointed as the Clerk for the Town pursuant to the Municipal Act and includes the Deputy Clerk; (e) “Council” means the Council of The Corporation of the Town of Aurora; (f) “Delegate” means a member of Town staff who has been delegated, by by-law, a power, duty or function of Council, in accordance with the provisions of this by-law and the Municipal Act; (g) “Department” means a department of the Town; (h) “Department Head” means a Director of the Town who is responsible for a Department, or its successor in title, and shall include the CAO with respect to his/her direct responsibilities for a Department; By-law Number 6212-19 Page 2 of 4 (i) “Legislative Powers” means all matters where Council acts in a legislative or quasi-judicial function including enacting by-laws, setting policies and exercising decision making authority; (j) “Municipal Act” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, or successor legislation thereof; (k) “Town” means The Corporation of the Town of Aurora; (l) “Town Solicitor” means the Town Solicitor and includes a legal counsel acting under the direction of the Town Solicitor; and (m) “Treasurer” means the person appointed as the Treasurer for the Town pursuant to the Municipal Act and includes the Deputy Treasurer. 2. Schedules 2.(1) The following schedules attached (collectively referred to as the “Schedules”) shall be deemed to form part of this by-law: Schedule “A” – General Delegations; Schedule “B” – Development Related Matters; Schedule “C” – Financial Matters; Schedule “D” – Permits and Authorizations; Schedule “E” – Real Property Matters; and Schedule “F” – Legal Matters. 3. Delegation 3.(1) The delegation of a power, duty or function as set out in the attached Schedules to this by-law are hereby delegated to the Delegate or Delegates, subject to the restrictions and requirements, if any, in the column entitled, “Delegation Restrictions and Other Requirements”. 3.(2) Where more than one person is listed as a Delegate, the delegated authority may be exercised by any of such persons, provided that if any of such persons disagree as to whether or the manner in which to exercise the delegated authority the determination of the earlier listed person shall prevail. 3.(3) Any delegation of a power, duty or function by by-law to a Delegate includes a delegation of such power, duty or function to a person who is appointed by the CAO, acting in the place of the Delegate or selected from time to time by the Delegate to act in the capacity of the Delegate. 3.(4) Subject to subsection (3), a person to whom a power, duty or function has been delegated by bylaw has no authority to further delegate to another person any power, duty or function that has been delegated, unless such sub-delegation is expressly permitted by this or other by-law, and is in writing. 3.(5) Unless a power, duty or function of Council has been expressly delegated by Council or otherwise by any legislative act or body acting under legislative authority, all of the powers, duties and functions of Council remain with Council. By-law Number 6212-19 Page 3 of 4 3.(6) Notwithstanding the powers, duties or functions delegated by this by-law, any matter may be referred to Council for consideration at the discretion of the Department Head, in consultation with the CAO. 4. Delegate Responsibilities 4.(1) In exercising any delegated power, the Delegate shall be responsible for ensuring: (a) that any expenditure related to the delegated matter shall be provided for in the current year’s budget and authorized by the Town’s Procurement By-law; (b) that any exercise of delegated authority shall not exceed the scope of the authority specified in this or any other by-law by which the delegation was effected; (c) where required by the specific delegated authority, that a requisite report or communication is provided to Council advising of the exercise of a delegated authority and confirming compliance with the delegated authority and this policy; (d) that all applicable policies regarding insurance and risk management shall be complied with; and (e) that Council policies and guidelines are applied consistently and equitably. 5. Authority 5.(1) For the purpose of the Municipal Act, it is the opinion of Council that any Legislative Powers delegated pursuant to this by-law are of a minor nature having regard to the number of people, the size of geographic area and the time period affected by the exercise of each such power. 6. Conflict and Restrictions 6.(1) In the event of any inconsistency between this by-law and any other Town by-law or policy, any specific provisions setting out the scope and requirements associated with a delegated power set out in other Town by-laws shall prevail and any exercise of a delegated power pursuant to other Town by-laws shall not be invalidated or restricted by this by-law. 6.(2) Notwithstanding the provisions of this by-law, all processes, decision-making and administrative management of the Town shall comply with any provincial or federal Act, or a regulation made under any such Act, and any instrument of a legislative nature. Part 2: General Items 7. By-law Review 7.(1) This by-law shall be monitored and evaluated for effectiveness continuously by the CAO and shall be comprehensively reviewed upon specific request by Council. By-law Number 6212-19 Page 4 of 4 7.(2) Council may continue to delegate powers, duties or functions after the passing of this by-law by by-law or Council resolution and the Clerk is hereby authorized to make amendments to this by-law in order to add said further authorized delegations. 8. Severability 8.(1) If any provision of this by-law or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this by-law, which can be given effect without the invalid provision or application, and to this end the provisions of this by-law are severable. 9. Short Title 9.(1) This by-law may be referred to as the "Delegation of Authority By -laud'. 10. Repeal 10.(1) The Delegation Policy, attached to General Committee Report No. ADM07-016, be and is hereby repealed. 10.(2) Schedule "A" of By-law Number 5802-16 and Schedule "A" of By-law Number 5969-17 be and are hereby repealed. 10.(3) By-law Number 4422-035, By-law Number 5365-11, By-law Number 5540-13, By-law Number 5634-14 and By-law Number 5858-16 be and are hereby repealed. Enacted by Town of Aurora Council this 22"d day of October, 2019. Mrakas, Mayor - ed Michael de Rond, Town Clerk Page 1 of 3 Schedule “A” to By-law Number 6212-19 General Delegations # Delegated Authority Delegate Delegation Restrictions and Other Requirements 1 Exercise general control and management of the affairs of the Town for the purpose of ensuring its efficient and effective operation and execute Agreements related thereto CAO In accordance with s. 229 of the Municipal Act and Job Description No. S221 Agreement to be in a form approved by the Town Solicitor 2 Develop, approve and implement administrative policies, procedures and practices in the exercise of authority under section 229 of the Municipal Act CAO None 3 Execute general operating Agreements and Agreements required by law Department Head, or as further delegated by the Department Head Power to delegate further must be in accordance with staff spending authorization limits Includes Agreements: • relating to the standard operations of the Department; • to carry out works within the scope of Council-approved projects; • or required under provincial or federal legislation. Agreement must not: • be related to acquisition or disposition of real property; • be related to a matter to which the Procurement By-law applies; or • impose financial or claim risks on the Town Agreement to be in a form approved by the Town Solicitor 4 Execute Agreements required to implement a Council approved decision, plan or program Department Head, or as further delegated by the Department Head Power to delegate further must be in accordance with staff spending authorization limits Council approval must be by Council resolution, by-law or policy The exercise of authority must be within limits of an approved decision, plan or program Agreement to be in a form approved by the Town Solicitor Page 2 of 3 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 5 Execute Agreements with other government bodies, public sector organizations or not-for- profit organizations Department Head, or as further delegated by the Department Head Agreement may be: • in relation to investigating joint projects or undertakings and sharing in resources; • revenue generating or revenue-neutral; • assist with effective delivery of services; • in the best interests of the Town. Partnership must not: • be related to acquisition or disposition of real property; • be related to a matter to which the Procurement By-law applies; or • impose financial or claim risks on the Town. Agreement to be in a form approved by the Town Solicitor 6 Enter into Municipal Road Access agreements with utility companies Department Head, Engineering Services Division Agreement to be in a form as approved by the Town Solicitor 7 Full power, duty, and authority to act as the “head” in accordance with Municipal Freedom of Information and Protection of Privacy Act (“MFIPPA”), which powers and duties shall include processing requests for information, responding to inquiries, and conducting appeals on behalf of the Town pursuant to MFIPPA Clerk In accordance with requirements set out in MFIPPA 8 Authority to execute any such documents or ancillary agreements as the Clerk may deem necessary to conduct an election, notwithstanding any provisions of the Procurement By-law Clerk None 9 Approve or deny Proclamations Clerk To be exercised in accordance with Proclamation Policy 10 Approve the flying of flags at half-mast in commemoration of a period of official mourning and solemn occasions Clerk To be exercised in accordance with the general principles of the Flag Protocol & Flag Raising Policy 11 Approve or deny any request to fly a Community Flag at a Town Facility Clerk To be exercised in accordance with Flag Protocol & Flag Raising Policy Page 3 of 3 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 12 Establish protocols between the Town and the Central York Fire Services (CYFS) to facilitate the flying of flags at half-mast at CYFS Facilities during periods of official mourning or the commemoration of other solemn occasions Clerk To be exercised in accordance with Flag Protocol & Flag Raising Policy 13 Declare an event to be of municipal significance Clerk To be exercised in accordance with Municipal Alcohol Policy – Policy No. 81 14 Amend the schedules of the by-law that appoints Municipal Enforcement Officers and Property Standards Officers (By- law No. 6055-18) Clerk At the request of the CBO or the Manager of By-law Services Prior to appointment, each candidate for appointment must hold the necessary legislated qualifications for the position to which they are to be appointed. 15 Amend delegation by- law where Council delegates further powers, duties or authorities Clerk Delegation must be by Council resolution, by-law or policy and in accordance with any restrictions set by Council or set out in the Council report 16 Waive, reduce, refund or otherwise vary fees or charges Department Head In accordance with the Policy CORP 16 - Fee Request Policy 17 Execute agreements with third parties in regard to private parking enforcement Department Head, By-law Services To be exercised in accordance with Report No. BBS11-007 18 Declare a significant weather event Department Head, Roads Division or as further delegated by the Department Head To be exercised in accordance with Council Report OPS19-001 and minimum maintenance standards 19 Designate construction zones on highways in accordance with subsection 128(8.1) of the Highway Traffic Act Department Head, Roads Division or Department Head, Engineering Services Division To be conducted in accordance with the requirements of the Highway Traffic Act Page 1 of 4 Schedule “B” to By-law Number 6212-19 Development Related Matters # Delegated Authority Delegate Delegation Restrictions and Other Requirements 1 Approve site plans and drawings in the Stable Neighbourhood Study Area and execute Agreements related thereto Department Head, Development Planning Services Division The exercise of power to be conducted in accordance with the requirements of Site Plan Control By-Law No. 6106-18 2 Approve, waive or amend approval of minor site plan applications and execute Agreements related thereto Department Head, Development Planning Services Division In accordance with the requirements of Site Plan Control By-Law No. 6106-18, as amended Minor site plan applications include proposed development within the Business Park zone and not abutting an arterial road or Highway 404 3 Execute Agreements arising out of a major site plan, subdivision or condominium application, including any Agreements imposed by conditions Department Head, Development Planning Services Division Council approved the application Agreements to be in a form approved by the Town Solicitor 4 Approve or refuse part-lot control applications Department Head, Development Planning Services Division Lots or blocks to be divided are part of an approved subdivision or condominium application 5 Approve and execute Agreements required as a condition of approval by the Committee of Adjustment Department Head, Development Planning Services Division Summary report required, on a semi-annual basis, to General Committee 6 Grant assumptions or provide final acceptance of subdivisions and condominiums Department Head, Engineering Services Division or as further delegated by the Department Head All applicable departments shall be notified of the request for final acceptance and assumption prior to providing acceptance and assumption. To be done in accordance with the terms of the Agreement. 7 Receive and issue notices of receipt for Heritage Permit Applications Department Head Applies to properties designated as a heritage property pursuant to Part IV of the Ontario Heritage Act or to properties located within a heritage conservation district(s) pursuant to Part V of the Ontario Heritage Act Minor alteration requests may be forwarded to the Heritage Advisory Committee for review Page 2 of 4 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 8 Approve or refuse Heritage Permit Applications relating to minor alterations to a property and execute related Agreements Department Head Applies to properties designated as a heritage property pursuant to Part IV of the Ontario Heritage Act or to properties located within a heritage conservation district(s) pursuant to Part V of the Ontario Heritage Act Does not apply to any alterations to a heritage attribute identified in the designation bylaw, whether considered minor or not Minor alterations include: • Replacement of siding replacement of siding; • cleaning or re-pointing of masonry; • replacement of windows or doors; • replacement/removal of minor architectural building elements including, without limiting the generality of the foregoing, shutters, door trims/frames, window trims/frames, soffits, and fascias; • structural repairs to existing structures and structural elements including, without limiting the generality of the foregoing, porches, chimneys, roofs, and exterior walls; • repairs and replacement of non-heritage structures on the property which can be seen from the street including, without limiting the generality of the foregoing, fences, patios, gardens, sheds, and gazebos; and • installation, replacement, or removal of commercial signage. All approvals or refusals must be reported to the Heritage Advisory Committee for information purposes. Page 3 of 4 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 9 Approve the application for, and order the creation of, interpretive wood plaques for heritage properties as part of the Heritage Advisory Committee education initiative and execute related Agreements Department Head None 10 Review, approve or reject applications for accepting and distributing salvage material as part of the Architectural Salvage Program Department Head, or as further delegated by the Department Head Where an application adheres to the Program Guidelines set out in the Guide to the Architectural Salvage Program and no fees are involved as part of the transfer of the salvage material. The exercise of power to be conducted in accordance with the Guideline to the Architectural Salvage Program. All approvals or refusals must be reported to the Heritage Advisory Committee. 11 Negotiate and execute Heritage Easement Agreements Department Head, or as further delegated by the Department Head Applies to properties designated as a heritage property pursuant to Part IV of the Ontario Heritage Act or to properties located within a heritage conservation district(s) pursuant to Part V of the Ontario Heritage Act Agreement to be in a form approved by the Town Solicitor 12 Execute any agreements to implement an Ontario Municipal Board or Local Planning Appeal Tribunal decision Department Head, Development Planning Services Division Agreements to be in a form approved by the Town Solicitor 13 Allocate servicing to developments approved in accordance with an Ontario Municipal Board or Local Planning Appeal Tribunal decision Department Head, Policy Planning Services Division Available capacity 14 Approve street names on an approved development application Department Head, Development Planning Services Division None Page 4 of 4 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 15 Negotiate and execute conditional building permit agreements Chief Building Official To be exercised in accordance with the Building Code Act, 1992 16 Provide submissions to the Alcohol and Gaming Commission of Ontario in regard to proposed retail store authorization applications for cannabis stores located in Town Manager, Economic Development Based upon the following matters of public interest: • That private cannabis retail stores not be permitted within 150 metres from daycares, nurseries, parks, group homes or addiction and counselling facilities, the Aurora Community Centre, the Aurora Family Leisure Complex, the Stronach Aurora Recreation Complex, the Aurora Public Library and Town Hall and any other similar public gathering uses; and • That private cannabis retail stores not be permitted within 150 metres of each other Page 1 of 5 Schedule “C” to By-law Number 6212-19 Financial Matters # Delegated Authority Delegate Delegation Restrictions and Other Requirements 1 Administer, approve and renew, amend or terminate Town funding, financial incentive, compensation or subsidy and to execute any related Agreements Treasurer or Department Head, or as further delegated by the Department Head Must be related to an activity, program, construction, event or other expense Must be within approved budget To be exercised in accordance with any policy or Council report relating to the funding, including reporting requirements to Council Agreement to be in a form approved by the Town Solicitor 2 Apply for federal, provincial or regional compensation, funding or other forms of subsidy on behalf of the Town, to execute any Agreements in relation to such grants and manage any such funds Treasurer or Department Head, or as further delegated by the Department Head Applications must be related to a Town program, operation, approved capital project or new capital initiatives for proposed projects or undertakings which have been the subject of Committee or Council reports in the 24 months prior to the application submission. Agreement to be in a form approved by the Town Solicitor 3 Execute Agreements relating to management and distribution of grant funds received by the Town at no cost to the Town Treasurer Council approved funding through annual budget or Council resolution Agreement to be in a form approved by the Town Solicitor and in accordance with any conditions and requirements attached to the grant funds 4 Sign cheques issued by the Town upon the Town’s general bank account Treasurer AND either CAO; Town Solicitor; or Clerk; or Department Head If amount of cheque is less than $50,000.00, then signature may be written or engraved, lithographed, printed or otherwise mechanically or electronically reproduced (cheques over $50,000 must be signed manually) 5 Authorize, prior to transmission, electronic payments for the payment of vendors through the Accounts Payable system issued by the Town upon the Town’s general bank account Treasurer AND Either CAO; Town Solicitor; or Clerk; or Department Head None Page 2 of 5 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 6 Pre-authorize documents for singular or recurring out-bound electronic payments by the Town upon the Town’s general bank account Treasurer AND Either CAO; Town Solicitor; or Clerk; or Department Head None 7 Authorize, prior to transmission, all electronic payments for recurring payroll through the Town’s payroll system issued by the Town upon the Town’s general bank account Either: Payroll Co- ordinator or Accounting Supervisor AND Treasurer None 8 Open accounts and establish business relationships with banks or investment brokers for the purposes of purchasing, trading and holding financial investments, and to execute Agreements related to same Treasurer Investment brokers or banks must be pre-approved in writing with the Town’s lead bank 9 Purchase or sale of financial investments and all wire transfers of funds from the Town’s general bank account Financial Analyst OR Manager of Financial Planning – Deputy Treasurer AND Treasurer, or Manager of Accounting & Revenues – Deputy Treasurer; or Manager of Financial Planning – Deputy Treasurer (provided not first approver) Investment brokers or banks must be pre-approved in writing with the Town’s lead bank Approved in writing and using the secured wire payments facility of the Town’s bank 10 Purchase foreign currency payment instruments Treasurer None 11 Sign any Agreements related to minor payments from the Town’s general bank account Treasurer Transaction shall not exceed $5000 Purpose of transaction is documented Payment may not be to any employee of the Financial Services Department Page 3 of 5 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 12 Execute Agreements related to conducting or facilitating daily financial transactions, including banking and related Agreements Treasurer None 13 Open bank accounts to the credit of the Town with the Town’s approved bank Treasurer A report to Council must be made within sixty (60) days of the opening of the account 14 Transfer funds between Town accounts to properly manage the Town’s financial affairs Treasurer None 15 Initiate and file notices of tax or assessment appeals, including Requests for Reconsideration, to resolve, mediate, settle or withdraw any appeal for any property in Town with the Assessment Review Board and to attend before the Assessment Review Board on property tax or assessment matters as a party, whether filed by the Town or another person or entity. Treasurer or delegated to Manager of Accounting and Revenues None 16 Execute minutes of settlement arising out of any appeal at the Assessment Review Board. Treasurer or Manager of Accounting and Revenues The minutes of settlement have to be, in the opinion of the Treasurer, in the best interests of the Town and in a form approved by the Town Solicitor 17 Write off interest and penalties added to trade account receivable balances as a result of administrative errors Treasurer or Manager of Accounting and Revenues Interest and penalties to not exceed $10,000 Summary report required, on an annual basis 18 Write off of uncollectible taxes in accordance with the provisions of section 354 of the Municipal Act Treasurer or Manager of Accounting and Revenues In accordance with the provisions of section 354 of the Municipal Act 19 Prepare and administer appropriate write-off procedures and best practices relating to receivable accounts deemed uncollectable Treasurer or Manager of Accounting and Revenues Up to a maximum of $10,000 per account Page 4 of 5 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 20 Spend in advance of the approval of the annual budget Treasurer Spending authority equivalent to six months of previous year’s approved budget No new expenditures, no enhancements or new spending is permitted prior to the approval of the new budget 21 Transfer funds and budget between Town Accounts, if required, to properly manage the Town’s financial affairs Treasurer Summary report to Council required and no impact to tax levy and service levels 22 Make technical adjustments to the annual approved capital and operating budget based on business needs and good accounting practices Treasurer None 23 Establish new reserve funds as a result of the approved annual budget Treasurer None 24 Close any capital project deemed complete including the adjustment to project funding to return or draw from originating funding sources Treasurer Summary report required, on an annual basis 25 Increase a capital project’s approved budget and transfer funds between approved capital projects for this purpose Treasurer Increase an approved capital project budget to a maximum of 10% of its original approved budget. A maximum of 10% of similar funding may be transferred from another existing approved capital project budget to another project Amount of funding must be available within another approved capital project 26 Discharge loan Agreements and mortgages registered on properties located within the Town Treasurer None 27 Divide Town-owned land which is assessed in one block into two or more parcels or apportion unpaid taxes on land among parcels, including holding the required hearing under the Municipal Act Treasurer or Manager of Accounting and Revenues Within the limitations prescribed by s.356, Municipal Act Page 5 of 5 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 28 All powers and duties of the Treasurer with respect to the collection of taxes Treasurer or Manager of Accounting and Revenues Within the limitations prescribed in ss.357, 358, 359 29 Reduce, waive or cancel late payment charges, penalties and interest on overdue tax accounts Treasurer or Manager of Accounting and Revenues Up to $500.00 may be waived at the discretion of the Treasurer in support of customer service Where interest, penalties or charges result from inadvertent late payment for a period less than 14 days, the Treasurer may waive, reduce or cancel charges without limitation 30 Exercise the powers of Treasurer under the Municipal Act Treasurer In accordance with any requirements in the Municipal Act Page 1 of 4 Schedule “D” to By-law Number 6212-19 Permits and Authorizations # Delegated Authority Delegate Delegation Restrictions and Other Requirements 1 Approve, amend, refuse, execute or refund facility licenses, permits or Agreements for occupancy on a short term basis in recreational facilities or lands Manager, Business Services, or as further delegated by the Manager Permits and Agreements are to be in a form approved by the Town Solicitor 2 Grant, refuse or grant with conditions a Facility Permit for an event requiring a Special Occasion Permit Department Head, Business Services Division, or as further delegated by Department Head To be exercised in accordance with Municipal Alcohol Policy – Policy No. 81 3 Issue or refuse pool enclosure permits Chief Building Official To be exercised in accordance with the requirements of the Fence By-law No. 4753-05.P 4 Issue or refuse fill permits for up to one- thousand cubic meters (1,000 m3) of fill Chief Building Official To be exercised in accordance with the requirements of the Fill Control By-law No. 4751- 05.P 5 Issue or refuse model home permits and to execute model home agreements Chief Building Official Issued in accordance with Model Home Policy 07-08 6 Cause a property to be repaired or demolished in accordance with a Property Standards Order Department Head, By-law Services Division or as further delegated by the Department Head To be exercised in accordance with the requirements of the Building Code Act and any relevant regulations 7 Issue, renew, impose conditions, cancel, revoke or decline to issue permits, and enter into Agreements for the Farmers Market and Artisan Fair Department Head, By-law Services Division or as further delegated by the Department Head Power and further delegation is to be exercised in accordance with the requirements of the Farmers Market and Artisans Fair By- law No. 6092-18 8 Issue, renew, impose conditions, cancel, revoke or decline to issue permits, and enter into Agreements for a sign Department Head, By-law Services Division or as further delegated by the Department Head Or Chief Building official Power and further delegation is to be exercised in accordance with the requirements of the Sign By- law No. 5840-16, as amended by By-law No. 6058-18 9 Authorize sign variances Chief Building Official To be exercised in accordance with the requirements of the Sign By-law No. 5840-16, as amended by By-law No. 6058- 18 Page 2 of 4 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 10 Issue, revoke, suspend and regulate business licences Licensing Officer To be exercised in accordance with the requirements of the Licensing By-law No. 5630-14 11 Issue, renew, impose conditions, cancel, revoke or decline to issue permits, and enter into Agreements for pet tags Department Head, By-law Services Division or as further delegated by the Department Head Power and further delegation is to be exercised in accordance with the requirements of the Animal Services By-law No. 6197-19 12 Issue parking permits for spaces at Town Hall and Town Park Manager, Customer Service To be exercised in accordance with the requirements of Council Report BBS15-017 13 Temporarily waive parking restrictions for special events Department Head, By-law Services Division or as delegated by the Department Head To be exercised in accordance with the requirements of Council Report BBS15-017 14 Grant exemptions for section 3, 10 & 11 of Schedule B of the Noise By-law Department Head, By-law Services Division or as delegated by the Department Head To be exercised in accordance with the requirements of the Noise By-law No. 4787-06.P 15 Approve or deny a request to set off fireworks for special events other than Victoria Day and Canada Day Department Head, By-law Services Division or as delegated by the Department Head Proof of insurance required as approved by the Town Solicitor 16 Provide written authorization to the Fire Chief in regard to the issuance of a Display Fireworks Permit for an event Department Head, By-law Services Division or as delegated by the Department Head None 17 Temporarily close highways for social, recreational, athletic, community, or filming purposes or combination of such purposes Clerk To be exercised in accordance with the requirements of By- law No. 4750-05.T 18 Temporarily close highways for the construction, repair, maintenance or improvement of such highway or portion thereof, or for any other cause deemed sufficient Department Head, Roads Division or Department Head, Engineering Services Division To be exercised in accordance with the requirements of By- law No. 4750-05.T 19 Issue, refuse, extend, suspend or revoke road excavation or road occupancy permits, including impose, alter or revoke conditions in the permit, give any associated notices and execute any related Agreements Department Head, Roads Division, or as further delegated by Department Head To be exercised in accordance with the requirements of the Excavation and Installation on Highways By-law No. 5733-15 Page 3 of 4 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 20 Issue or refuse topsoil permits Department Head, Engineering Services Division To be exercised in accordance with the requirements of the Topsoil Removal By-law No. 3399-92 21 Approve or refuse sewer connections and disconnections to municipal sewage works Department Head, Engineering Services Division, or as further delegated by the Department Head or Department Head, Water/ Wastewater Division, or as further delegated by Department Head In accordance with the requirements of the Sewer Use By-law No. 5518-13 22 Execute Sewer Service Agreements relating to investigation of sewer blockages and to undertake corrective measures Department Head, Water/ Wastewater Division In accordance with the requirements of the Sewer Use By-law No. 5518-13 23 Approve or refuse planting of trees on the municipal boulevards Department Head, Parks Division To be conducted in accordance with the requirements of the Boulevard Tree By-law No. 4734-05.P 24 Remove trees from municipal highways and to provide any required notices Department Head, Parks Division Removal of trees and provision of notice to be done in accordance with the requirements of Boulevard Tree By-law No. 4734-05.P 25 Post signage of permission, regulation, restriction, warning or prohibition with respect to uses of or activities in any park Department Head, Parks Division To be conducted in accordance with the requirements of the Parks and Public Spaces By-law No. 4752.05.P 26 Approve or refuse permits to access parks for short-term use and execute any related Agreements Department Head, Parks Division, or as further delegated by the Department Head To be exercised in accordance with the Aurora Parks and Property By-law No. 4752- 05.P Term shall not exceed one (1) year Securities to be obtained at the discretion of the Department Head Agreement shall be in a form approved by the Town Solicitor 27 Approve or refuse permits to install a gate on a fence line abutting Town owned Department Head, Parks Division, or as further To be exercised in accordance with the Aurora Parks and Property By-law No. 4752- 05.P Page 4 of 4 # Delegated Authority Delegate Delegation Restrictions and Other Requirements property delegated by the Department Head 28 Approve or deny requests to fly Remotely Piloted Aircraft Systems (RPAS) “Drones” while in a park or public space Department Head, Business Services Division or as further delegated by the Department Head Process to be determined by Delegate and must include insurance requirements approved by the Town Solicitor 29 Close off parks, or parts thereof, to relieve/prevent overcrowding and traffic congestion, or in the interests of public safety Department Head, Parks Division To be conducted in accordance with the requirements of the Parks and Public Spaces By-law No. 4752.05.P 30 Any regulations re: Roadways in Parks Department Head, Parks Division To be conducted in accordance with the requirements of the Parks and Public Spaces By-law No. 4752.05.P 31 Grant exemptions for the continuous pouring of concrete that cannot be interrupted once operations have commenced Department Head, By-law Services Division or as delegated by the Department Head To be exercised in accordance with the requirements of the Noise By-law No. 4787-06.P Page 1 of 2 Schedule “E” to By-law Number 6212-19 Real Property Matters # Delegated Authority Delegate Delegation Restrictions and Other Requirements 1 Approve and execute Agreements for occupancy of space on a short term basis in recreational facilities or on Town owned lands CAO The authority is limited to the following circumstances: • term shall not be for a period longer than one (1) year • the lease/license shall be on the terms and conditions and in the form satisfactory to the Town Solicitor 2 Negotiate and execute easements or permission to enter agreements and any associated Agreements with other levels of government, public sector agencies and private property owners Department Head or Town Solicitor Where required for municipal purposes or Town approved projects Agreement to be in a form approved by Town Solicitor 3 Convey transfers, grant easements or licences over Town owned lands and any associated Agreements with other levels of government public sector agencies and private property owners Town Solicitor Transfer, easement or licence • is minor in nature; • is for the purpose of providing a right of access, utility, telecommunications, services, conservation or other municipal purpose; • will not substantially interfere with the utility or value of Town lands; or • will have a value of up to $5000.00 Agreement to be in a form approved by Town Solicitor 4 Release easements over Town owned land where the easement is no longer required for municipal purposes Town Solicitor No consideration to release easement, except for processing fees chargeable under the Fees and Charges By-law 5 Execute electronic forms for the registration of any documents that have already been executed on behalf of the Town Town Solicitor, or as further delegated by the Town Solicitor None 6 Authorize the registration of all documents releases and discharges, including the electronic registration of documents related to real property matters Town Solicitor None Page 2 of 2 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 7 Negotiate and execute Agreements, undertakings, certificates, declarations and similar documents required for the completion of any transaction involving the purchase, sale or exchange of any interest in land CAO or Town Solicitor Council approval obtained by Council resolution, by-law or policy Agreements to be in a form approved by the Town Solicitor 8 Approve extension of the closing date of purchase and sale transactions and execute any related Agreements Town Solicitor, in consultation with the Department Head None 9 Execute by electronic means any documents requiring registration that relate to a transaction involving the purchase, sale or exchange of any interest in land Town Solicitor, or if execution by a lawyer is not required, Law Clerk acting under the direction of the Town Solicitor Transaction has been approved by Council Page 1 of 2 Schedule “F” to By-law Number 6212-19 Legal Matters # Delegated Authority Delegate Delegation Restrictions and Other Requirements 1 Accept service of any legal document on behalf of the Town Town Clerk None 2 Take all necessary steps to defend claims and any Local Planning Appeal Tribunal matters Town Solicitor In accordance with Council instructions or the requirements of the Litigation and Claims Policy No. 52 3 Call an emergency Special Council Meeting Town Solicitor Where time is of the essence in dealing with a claim Upon a minimum of 24 hours notice 4 Commence small claims court matter to recover costs incurred or paid out by the Town Town Solicitor To be conducted in accordance with the requirements of the Litigation and Claims Policy No. 52 5 Commence any legal proceeding on behalf of the Town so that a limitation period or other time restriction does not expire or in an emergency to protect the Town’s interest Town Solicitor, in consultation with the CAO or relevant Department Head Town Solicitor must bring a report at the next available Closed Session Council meeting to seek instructions to continue the proceeding 6 Commence cross- claims, third-party claims or counterclaims and defendant’s claims Town Solicitor Town Solicitor must bring a report at the next available Closed Session Council meeting, unless costs are incurred by the Town’s insurer 7 Retain external legal counsel to provide legal opinions or legal expertise for a particular matter and execute associated Agreements Town Solicitor Amount not to exceed $50,000.00, excluding HST and disbursements Retainer is to be in accordance with the requirements of the Litigation and Claims Policy No. 52 8 Retain external legal counsel, necessary consultants or expert witnesses for Local Planning Appeal Tribunal matters and execute associated Agreements Town Solicitor Total amount to not exceed $50,000.00, excluding HST and disbursements Retainer is to be in accordance with the requirements of the Litigation and Claims Policy No. 52 9 Settle uninsured claims and execute associated Agreements Town Solicitor Settlement amount does not exceed $25,000, exclusive of costs To be conducted in accordance with the requirements of the Litigation and Claims Policy No. 52 Page 2 of 2 # Delegated Authority Delegate Delegation Restrictions and Other Requirements 10 Settle insured claims by or against the Town that are below the Town’s deductible and execute associated Agreements Town Solicitor, or as further delegated by the Town Solicitor Power to delegate further must be in accordance with staff spending authorization limits To be conducted in accordance with the requirements of the Litigation and Claims Policy No. 52 11 Settle insured claims by or against the Town that are above the Town’s deductible and execute any associated release documents Town Solicitor Upon recommendation of the Town’s insurance provider or its lawyer