STAFF REPORT
TO: General Government Committee
FROM: Dina Lundy, Director of Legislative Services/Clerk
SUBJECT: Restricted Acts– 2022 Municipal Election
DATE: March 10, 2022
RECOMMENDATION
That the General Government Committee recommend that Council receive the Restricted Acts for the 2022 Municipal Election staff report for information.
BACKGROUND
The purpose of this report is to provide Council with information regarding the restricted acts provisions contained in the Municipal Act, 2001.
ANALYSIS
Section 275 of the Municipal Act, 2001 prohibits municipal Councils from undertaking certain acts after Nomination Day in a municipal election year (i.e. August 19, for the 2022 municipal election) and prior to a new Council taking office under specific conditions.
This legislative restriction is referred to as ‘Restricted Acts’ or more commonly referred to as the ‘lame duck’ provision. A municipal Council can be in this situation during one or both of the following time periods:
From Nomination Day (August 19, 2022) to Voting Day (October 24, 2022)
The period from Voting Day to the end of the Term (November 14, 2022)
If, from Nomination Day to Voting Day and from Voting Day to the end of the Term, it can be determined with certainty, that the new Council will include less than three-quarters of the outgoing Council Members (i.e. less than 6 members), ‘lame duck’ applies and Council is restricted from taking certain actions until the new term of Council begins on November 15, 2022.
If the Restricted Acts provision is engaged, this Council would be subject to certain restrictions, including:
a) appointing or removing from office of any officer of the municipality;
b) the hiring or dismissal of any employee of the town;
c) disposing of any real or personal property of the municipality which has a value exceeding $50,000 at the time of disposal; and,
d) making any expenditures or incurring any other liability which exceeds $50,000.
Section 275(6) provides that even if the Restricted Acts section is engaged, it does not affect any delegation of authority which has been properly granted prior to Nomination Day. Council's existing delegations under the Delegation of Authority By-law, the Purchasing By-law, or any others are not impacted by the aforementioned restrictions.
Clause b) does not apply as the authority for the hiring or dismissal of any employee of the Municipality has been delegated to the Chief Administrative Officer (CAO). Clauses c) and d) do not apply if the exceeding disposition or liability was included in the most recent budget adopted by Council prior to Nomination Day.
By-law 2021-13 delegates authority to the CAO under certain conditions during the lame duck period as follows:
Therefore, any actions outside of this scope, for example under d. new projects, or projects involving new funds exceeding $50,000 would require approval prior to Nomination Day, August 19th.
CONCLUSION
Most of the town’s affected activities would continue to occur through delegated authority, the approved 2022 budget, or in accordance with current policies and procedures. Staff do not anticipate issues, however if there are matters that could potentially be impacted by these restrictions, it would be advisable to bring these matters forward for consideration prior to August 19, 2022.
Respectively Submitted,
Dina Lundy
Director of Legislative Services & Clerk