Bylaw to Delegate Authority
This bylaw is a consolidated digital version of the official legal document. It is not an exact reproduction and is for information purposes only.
For any questions related to this bylaw contact 519-747-8785 or municipalenforcement@waterloo.ca
Bylaw number: 2018-034
Last passed by council: June 25, 2018
A bylaw to delegate authority to execute documents
- Schedule "A" - Chief Administrative Officer
- Schedule "B" - Corporate services documents
- Schedule "C" - Planning and building
- Schedule "D" - Engineering, utilities, easements
- Schedule "E" - Community services
- Schedule "F" - Information management and technological services
- Schedule "G" - Finance
- Schedule "H" - Procurement of goods and services
- Schedule "I" - City Clerk
- Schedule "J" - Fire rescue services
- Schedule "K" - Grants
- Schedule "L" - Museum
Therefore the Municipal Council of the Corporation of the City of Waterloo enacts as follows:
1. The documents described in the Schedules to this Bylaw are hereby authorized and the authority to approve and to execute such documents is hereby delegated to the municipal staff persons identified in respect of each document in the Schedules without the necessity of obtaining Council approval for the execution of such documents. Any documents executed in accordance with this Bylaw and its Schedules shall be binding upon the Corporation to the same extent as if the documents had been individually approved by Council and executed on behalf of the Corporation.
2. Where any document has been executed in compliance with this Bylaw, the City Clerk may affix the seal of the Corporation to such document.
3. The authority delegated to staff to execute any document pursuant to this Bylaw is subject to any terms, conditions, pre-requisites, or other requirements expressed in the Schedules which pertain to each such document, and documents shall only be executed by the municipal staff if:
(a) The staff person executing the document is the staff person identified in the applicable Schedule as the person or a member of the class of persons authorized to execute the documents; and,
(b) Any terms, conditions, pre-requisites or other requirements expressed in the Schedules which pertain to the document have been fully and completely satisfied prior to execution.
4. Except as otherwise set out in this Bylaw, the execution of agreements or other documents renewing, extending or amending agreements or documents executed pursuant to this Bylaw is authorized pursuant to the same provision of this Bylaw, including the terms, conditions, pre-requisites or other requirements, under which execution of the original agreement or document was authorized.
5(a) Unless otherwise stated in this Bylaw, where the term “financial commitment” is used in this Bylaw it includes the value of both monetary and in-kind services provided.
(b) Unless stated to be “per fiscal year”, “financial commitment” when referred to in this Bylaw is calculated based on the sum of all financial commitments throughout the term of the Agreement and any renewals or extensions.
(c) “Financial commitment” does not include the value of any costs or expenses that are recoverable as part of the Agreement to be executed.
6. For purposes of this Bylaw, the following terms shall have the meanings set out below:
a) “Affiliation Policy” – means the Community, Culture and Recreation Services Affiliation Policy of the City, approved December 13, 2010, as amended from time to time, or any successor thereof;
b) “City” – means the Corporation of the City of Waterloo;
c) “CAO” – means the Chief Administrative Officer of the City;
d) “CFO” – means the Chief Financial Officer of the City;
e) “Fees & Charges Bylaw” – means the Fees & Charges Bylaw (Bylaw No. 2017-057) of the City, as amended from time to time, or any successor thereof;
f) “Facility Rental Discount Policy” – means Policy M-001, Facility Rental Discount Policy, of the City, as amended from time to time, or any successor thereof;
g) “Financial Policy” – means Policy FC-002, Financial Requests Outside of the Budget Process, of the City, as amended from time to time, or any successor thereof;
h) “Grant Policy” – means Policy FC-004, Grant Policy, of the City, as amended from time to time, or any successor thereof;
i) “Museum Bylaw” – means the Bylaw to Facilitate Ownership, Operation and Management of the City of Waterloo Museum (Bylaw No. 2016-002) of the City, as amended from time to time, or any successor thereof;
j) “Purchasing Bylaw” – means the Purchasing Bylaw (Bylaw No. 2015-071) of the City, as amended from time to time, or any successor thereof;
k) “Sponsorship and Advertising Policy” – means Policy A-016, Sponsorship and Advertising Policy, of the City, as amended from time to time, or any successor thereof;
7. An original copy of any document executed pursuant to this Bylaw shall be forthwith deposited with the City Clerk for safekeeping immediately following its execution.
8. Nothing in this Bylaw shall be interpreted to invalidate any document executed by any City Official where such execution was performed in accordance with any other Bylaw, Rule of Law, or applicable statutory authority.
9. Where any document is required or authorized to be executed by the Mayor and City Clerk pursuant to this Bylaw, the arrangements for executing the document shall be managed through the Office of the City Clerk. Persons requesting the execution of documents by the Mayor and City Clerk shall provide such evidence, in the format prescribed from time to time by the City Clerk, demonstrating compliance with any terms, conditions, pre-requisites or other requirements expressed in the Schedules.
10. Bylaw 2015-070 is hereby repealed.
11. This bylaw shall come into force and effect on the date of its final passing.
Enacted December 11, 2017.
1.0 Schedule "A"
Chief Administrative Officer
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites, or other requirements |
|---|---|---|---|
| 1 | All contracts not exceeding $75,000.00 | Chief Administrative Officer pursuant to Bylaw No. 2014-076 | Within approved budget or otherwise in compliance with the Financial Policy and subject to Council direction (if any). |
| 2 | All documents that a Commissioner, Director, Manager or other employee is authorized to execute. | Chief Administrative Officer – if two people must sign, CAO can sign for only one of them. | Chief Administrative Officer has authority subject to same compliance rules required by the document. |
| 3 | All Lease Agreements | Chief Administrative Officer | Within the Restricted Act period pursuant to Section 275 of the Municipal Act, 2001, as amended. |
2.0 Schedule "B"
Corporate services documents
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Documents required to finalize insurance settlements. | City Clerk | Any cost must be within insurance deductible levels. Form of documents to be approved by City Solicitor or designate. |
| 2 | City Insurance Agreements and amendments (other than Human Resources benefit carrier contracts) | City Clerk | Required to accommodate changes in municipal assets. Award of new contracts per Purchasing Bylaw. Form approved by City Solicitor or designate. |
| 3 | Agreements with benefit carriers and amendments to existing benefit contracts | Director of Human Resources | Required to implement an incidental change to a Council-approved collective or employment agreement. New awards per Purchasing Bylaw. Form approved by City Solicitor or designate. |
| 4 | Electronic signature for Land Registry documents (fee simple acquisitions/dispositions) | City Solicitor or Law Clerk | Transaction authorized by Council; includes incidental registrable documents. Excludes planning-related acquisitions (e.g., road widenings, Committee of Adjustment). |
| 5 | Electronic signature for Land Registry documents (planning approval related) | City Solicitor or Law Clerk | Authorization from Director of Planning or Economic Development or a Commissioner, satisfactory to the City Solicitor (includes road widenings, Planning Act items, Committee of Adjustment). |
| 6 | Electronic signature for registration/deletion of City-issued work orders (incl. Property Standards Orders) | City Solicitor or Law Clerk | Authorization from Manager of Licensing & Standards, Community Services. |
| 7 | Electronic signature for registration/deletion of Notices of Lien in favour of the City | City Solicitor or Law Clerk | Director of Financial Planning & Purchasing. |
| 8 | Electronic signature for Land Registry documents for: (i) Acquisition of easements/encroachments by the City; (ii) Granting of easements/encroachments by the City; (iii) Release of easements (Planning Act approval) or to/from utilities/telecom/other landowners | City Solicitor or Law Clerk | Authorization from Director of Planning, Director of Engineering, Director of Economic Development or a Commissioner, satisfactory to City Solicitor. Acquisitions per Purchasing Bylaw and within budget/Financial Policy. Forms approved by City Solicitor; releases confirmed by responsible Commissioner. |
| 9 | Discharges of mortgages (electronic registration) | City Solicitor or Law Clerk | Written confirmation from City Treasurer that monies owing have been satisfied. |
| 10 | Agreements of purchase and sale of land | City Solicitor | Unless otherwise authorized, include a “true condition precedent” requiring Council approval. Form approved by City Solicitor or designate. |
| 11 | Temporary Licences and Temporary Leases of City-owned property | City Solicitor or Director of Engineering or Director of Facilities and Fleet | Term is ≤ 1 year or month-to-month. Form approved by City Solicitor or designate. |
| 12 | Documents to settle litigation brought by/against the City (non-insurable portions) | City Solicitor | Approval of applicable Commissioner; costs within approved budget/Financial Policy. Settlements > $100,000 require Council approval unless previously authorized. |
| 13 | Documents to file or prosecute City litigation | City Solicitor | Approval by applicable Commissioner/CAO/Council; routine collections on Director’s request. Urgent matters may be commenced by City Solicitor. Ongoing prosecution as required. |
| 14 | Consents to Applications for Title Absolute or First Registration | City Solicitor | Determination by City Solicitor or designate that City’s interest is not adversely affected. |
| 15 | Undertakings, statutory declarations, affidavits and related documents | City Solicitor | Transaction authorized by Council unless arising from Planning Act approvals/Committee of Adjustment. |
| 16 | Consent to transfer/mortgage/sale of part of employment lands parcel | City Solicitor | Written confirmation by Commissioner of Community Services, Director of Economic Development and City Solicitor per listed conditions (1–3). |
3.0 Schedule "C"
Integrated planning and public works — planning and building
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Site Plan Agreement | Director of Planning Approvals | Subject to Bylaw No. 2013-124 |
| 2 | Agreements related to Condominium Applications | Director of Planning Approvals | According to Bylaw No. 2014-086 |
| 3 | Agreements/documents relating to Committee of Adjustment applications/decisions | Director of Planning Approvals or designate | Bylaw No. 2014-087 |
| 4 | Agreements/documents relating to Committee of Adjustment applications/decisions | Director of Growth Management | Report IPPW-2011-058 |
| 5 | Demolition Control Permits for residential properties | Chief Building Official | According to Bylaw No. 2013-014 |
| 6 | Conditional Building Permit Agreements; Limiting Distance Agreements | Chief Building Official | Form approved by City Solicitor or designate. |
4.0 Schedule "D"
Integrated planning and public works — engineering, utilities, and easements
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Encroachment agreements | City Solicitor | Written recommendation of Director of Engineering or Director of Water Services; form approved by City Solicitor or designate. |
| 2 | Licence agreement for use of sidewalks for sidewalk cafes/sales | City Solicitor | Written recommendation of Director of Engineering or Director of Transportation; form approved by City Solicitor or designate. |
| 3 | Permission to Enter/Access Agreements | Director of Engineering | Where entry is onto City land, approval of the Director of Engineering; form approved by City Solicitor or designate. |
| 4 | Regulatory approval documents with senior governments/agencies re: engineering matters | Director of Engineering | Form approved by City Solicitor or designate. |
| 5 | Teranet releases of subdivision/condominium/development agreements | City Solicitor or Law Clerk | Written recommendation of Director of Planning Approvals (per conditions i–ii); form approved by City Solicitor or designate. |
| 6 | Sewage service rate rebate agreements and sewer surcharge agreements | City Solicitor or Commissioner of Integrated Planning & Public Works | Written recommendation of the Commissioner of Integrated Planning & Public Works confirming compliance with regulating bylaw. |
| 7 | Storm sewer maintenance agreements | Director of Engineering or Director of Water Services | Form approved by City Solicitor or designate; compliance with Purchasing Bylaw. |
| 8 | Special Servicing Agreements (≤ $150,000; no City financial commitment) | Director of Engineering or Director of Water Services | Formal written request from developer/owner; approval of Director; form approved by City Solicitor or designate. |
5.0 Schedule "E"
Community services
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Agreements & documents (incl. rental/licensing/leasing), not exceeding City commitment of $100,000 per fiscal year | Commissioner of Community Services or designate | Subject to Bylaw No. 09-087; within budget/Financial Policy; per Purchasing Bylaw; discounts per Facility Rental Discount Policy or Fees & Charges Bylaw as applicable. |
| 2 | All Sponsorship Agreements (tiers) | Up to $25,000: Manager, Marketing and Sponsorship; $25,001–$50,000: Director, Recreation and Facilities; $50,001–$100,000 (no facility naming): Commissioner of Community Services; Above $100,000 or naming rights: Mayor and City Clerk | Divisional consents; CFO consent where noted; CAO/Council if required; agreements per Sponsorship & Advertising Policy; form approved by City Solicitor or designate. |
| 3 | Sponsorship Agreements not satisfying the Sponsorship & Advertising Policy | Mayor and City Clerk | Council approval required. (During July/August, Mayor & CAO jointly may approve, subject to legal, financial and departmental approval.) Form approved by City Solicitor or designate. |
| 4 | Agreements with MTO for access to ownership data for bylaw enforcement | Director of Municipal Enforcement, Commissioner of Community Services or Deputy City Clerk | Form approved by City Solicitor or designate. |
| 5 | Service (Affiliation) Agreements with community/sports organizations (≤ $100,000 per fiscal year) | Commissioner of Community Services AND Director of Community Programming and Outreach Services | Per City policies (incl. Affiliation Policy) and Purchasing Bylaw; commitment within budget/Financial Policy; form approved by Commissioner and City Solicitor or designate. |
| 6 | Facility Use Agreements (City uses School Board facilities) ≤ $25,000 per fiscal year | Director of Community Programming and Outreach Services | Per City policies and Purchasing Bylaw; commitment within budget/Financial Policy; form approved by City Solicitor or designate. (School Board use of City facilities is covered under item 1.) |
| 7 | Facility Use Agreements for facilities leased by City: – City commitment ≤ $25,000/yr; – City commitment ≤ $100,000/yr | Director of Community Programming & Outreach Services (≤ $25k); Commissioner of Community Services or designate (≤ $100k) | Per City policies/Purchasing Bylaw; within budget/Financial Policy; form approved by Commissioner and City Solicitor or designate. |
| 8 | *Food Service Agreements & related documents (purchase for resale): – ≤ $25,000; – ≤ $100,000 | Director of Community Programming & Outreach or Director of Recreation & Facilities (≤ $25k); Commissioner of Community Services or designate (≤ $100k) | Per Purchasing Bylaw; within budget/Financial Policy; for > $25k also requires approval of Director of Financial Planning & Purchasing; form approved by City Solicitor or designate. (*> $100k handled under Schedule H.) |
| 11 | Regulatory approval documents with AGCO | CAO and applicable Commissioner, or their designates | Form approved by City Solicitor or designate. |
6.0 Schedule "F"
Information management and technological services
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Non-disclosure agreements for City to obtain information | Director of Information Management and Technology Services | Form approved by City Solicitor or designate. |
| 2 | Non-disclosure agreements where City provides information | Director of Information Management and Technology Services | Form approved by City Solicitor or designate. |
| 3 | Agreements for hardware, software/licensing, mobile devices, ISPs, cloud/online subscriptions, telecom providers | Director of Information Management and Technology Services | Within Director’s budget/Financial Policy and Commitment Authority; per Purchasing Bylaw; if City commitment > $25,000, approval of Director of Financial Planning & Purchasing; form approved by City Solicitor or designate. |
| 4 | Software development agreements | Director of Information Management and Technology Services | Within Director’s budget/Financial Policy and Commitment Authority; per Purchasing Bylaw; if City commitment > $25,000, approval of Director of Financial Planning & Purchasing; form approved by City Solicitor or designate. |
| 5 | Data sharing agreement with another public authority | Director of Information Management and Technology Services | Form approved by City Solicitor or designate. |
7.0 Schedule "G"
Finance
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Minutes of settlement and agreements related to assessment appeals and ARB decisions | Director of Accounting & Revenue or designate | Form to the satisfaction of Director of Financial Planning & Purchasing or designate and MPAC. |
| 2 | Items exempt from Purchasing Bylaw as per Schedule A (follow Schedule H thresholds) except listed items when exceeding $100,000 (debentures, insurance, refunds, tax remittances, benefits, mortgages/loans, payments to local boards, third-party remittances) | Director of Financial Planning & Purchasing or designate | Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer. |
| 3 | Insurance releases (awards of damages, claims, lawsuits, recovery of proceeds/costs): up to $100,000; more than $100,000 | Director and a Commissioner (or designates) of the appropriate division/department; Mayor & City Clerk (over $100k) | Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer. |
| 4 | Banking agreements and other agreements for payment processing; bank/other charges up to $100,000; > $100,000 | Director of Accounting & Revenue or designate (≤ $100k); Mayor & City Clerk (> $100k) | Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer; if > $100k, also City Solicitor. |
| 5 | Letters of Credit: draws and releases (≤ $50,000; > $50,000) | Director of Engineering or Director of Planning; Manager of Development and Engineering; Director of Engineering | Terms to the satisfaction of CFO & Treasurer and City Solicitor; agreement condition clearance to satisfaction of Director of Engineering. |
| 6 | Investments | Director of Financial Planning & Purchasing or designate and Commissioner of Corporate Services, CFO & Treasurer | Form to the satisfaction of the Commissioner of Corporate Services, CFO & Treasurer. |
| 7 | Agreements with MTO for access to ownership data for cost recovery (damage/loss to public infrastructure/property) | Director of Accounting & Revenue or Deputy City Clerk | Form approved by City Solicitor or designate. |
8.0 Schedule "H"
Procurement of goods and services
| Section | Commitment authority limit | Staff positions authorized (approval/execution) | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Purchase of goods and services up to $25,000 | Commitment approval: Manager of applicable division (Supervisor where no Manager role) Execution: CAO |
Procurement per Purchasing Bylaw; within approved budget or otherwise in compliance with the Financial Policy; form of agreement approved by City Solicitor. |
| 2 | Purchase of goods/services > $25,000 up to $100,000 (≤ $75k; > $75k–$100k) | Commitment approval: Director of applicable division AND Director of Financial Planning & Purchasing Execution: CAO (≤ $75k); Mayor & City Clerk (> $75k–$100k) |
Per Purchasing Bylaw; within budget/Financial Policy; subject to legal/financial/departmental approval; all agreements in form approved by City Solicitor or designate (legal approval may be waived by Director FP&P for contracts < $100k). |
| 3 | Purchase of goods/services > $100,000 up to $200,000 | Commitment approval: Commissioner of applicable department AND Director of Financial Planning & Purchasing Execution: Mayor & City Clerk |
Per Purchasing Bylaw; within budget/Financial Policy; subject to approvals; lowest compliant bidder/highest scoring compliant proponent, otherwise Council approval; form approved by City Solicitor or designate. |
| 4 | Purchases > $200,000 up to $600,000 (non-Highway Construction); Highway Construction > $200,000 up to $1,000,000 | Commitment approval: CAO AND Director of Financial Planning & Purchasing Execution: Mayor & City Clerk |
Per Purchasing Bylaw; within budget/Financial Policy; subject to approvals; form approved by City Solicitor or designate. |
| 5 | Purchases > $600,000 (non-Highway Construction); Highway Construction > $1,000,000 | Commitment approval: Council (July/August: Mayor & CAO jointly) Execution: Mayor & City Clerk |
Per Purchasing Bylaw; within budget/Financial Policy; subject to approvals; form approved by City Solicitor or designate. |
| 6 | Non-disclosure agreements (City provides information as part of a procurement; no monetary commitment by City) | Commitment approval: n/a Execution: Manager of Procurement |
Form of agreement approved by City Solicitor or designate. |
| 7 | Documents extending/renewing agreements executed under Schedule H (when renewal option included) | Commitment approval: as per original authority Execution: Manager of Procurement |
Within budget/Financial Policy; appropriate Commitment Authority obtained; subject to same requirements as original authorization. |
| 8 | Amendments to agreements executed under Schedule H: (i) no additional City financial commitment; (ii) with additional City financial commitment | (i) Execution: Commissioner of applicable department (ii) Execution: CAO, or Mayor & City Clerk |
Within budget/Financial Policy and, where applicable, Commitment Authority obtained; subject to the same requirements as original authorization. |
9.0 Schedule "I"
City Clerk
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | All documents that a Commissioner, Director, Manager or other employee is authorized to execute. | City Clerk – if two people must sign, City Clerk can sign for only one of them. | City Clerk has authority subject to same compliance rules required by the document. |
10.0 Schedule "J"
Fire rescue services
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Agreements with MTO for ownership data sharing to enforce Fees & Charges Bylaw for emergency fire services call-out fees | Chief, Fire Rescue Services; Commissioner of Community Services; or Deputy City Clerk | Form approved by City Solicitor or designate. |
11.0 Schedule "K"
Grants
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Grant applications, agreements & related documents (City applies): – Grant < $25,000, no City monetary commitment; – $25,000–$100,000, no City monetary commitment; – > $100,000, no City monetary commitment; – City commitment < $25,000; – City commitment $25,000–$100,000; – City commitment > $100,000 or requires new staff. Financial reports/summaries, claims, progress reports for grants: – Grant < $25,000, no City monetary commitment | Project Manager and/or Manager; Director of Financial Planning & Purchasing or designate; Commissioner, CFO & Treasurer, Corporate Services or designate; Manager or designate; CAO or designate; Mayor & City Clerk; Financial Analyst or designate (for reports on grants < $25k, no City commitment) | Approvals per Grant Policy and appropriate authority level; within budget/Financial Policy where applicable. For agreements with City commitment > $100,000 (except with Province/Government of Canada or agencies), form also approved by City Solicitor or designate. |
| 2 | Time-sensitive grant applications (no binding City financial commitment, or EOI only) | CAO or designate | At request of Director FP&P; form satisfactory to City Solicitor or designate; must be brought to appropriate approval body at next possible meeting. |
| 3 | Grant applications/agreements for Waterloo North Hydro Inc. Save On Energy Program and Union Gas — no City monetary commitment | Project Manager, Facilities & Fleets | Form approved by City Solicitor or designate. |
12.0 Schedule "L"
Museum
| Section | Type of document | Staff position authorized to execute document | Terms, conditions, pre-requisites or other requirements |
|---|---|---|---|
| 1 | Short-term rental agreement (any portion of the Museum) | Museum Manager/Curator or designate | Agreement must conform to City bylaws (including Museum Bylaw) and policies; form approved by City Solicitor or designate. |
| 2 | Agreement/document to receive donations of a cultural, historic or artistic nature | Museum Manager/Curator or designate | Per City bylaws (incl. Museum Bylaw) and policies; form approved by City Solicitor or designate. |
| 3 | Agreement/document to acquire (purchase/borrow/lease) cultural, historic or artistic personal property | Museum Manager/Curator or designate | Per City bylaws (incl. Museum & Purchasing Bylaws) and policies; within Commitment Authority; within budget/Financial Policy; form approved by City Solicitor or designate. |
| 4 | Agreement/document to dispose of or lend cultural, historic or artistic personal property | Museum Manager/Curator or designate | Per City bylaws (incl. Museum & Purchasing Bylaws) and policies; form approved by City Solicitor or designate. |