Definitions

1   In this bylaw

"authorized designate" means a person to whom an employee delegates authority to exercise the employee's duties, powers or functions during

(a) the employee's temporary absence or inability to act, until revoked, or

(b) a period of time specified by the employee;

"city manager" means the chief administrative officer established under section 147 chief administrative officer of the Community Charter;

"city solicitor" means the director with functional responsibility for legal services for the City;

"corporate officer", means the director with functional responsibility for legislative services appointed under section 148 of the Community Charter and includes, for the purposes of section 16 authority to approve and execute contracts, commitments and payments, a deputy city clerk, assistant city clerk or authorized designate;

"director" means any employee of the City fulfilling the function of the director of a specific operational or functional area or program for the City;

"employee" means an exempt or union employee of the City and includes a statutory officer;

"financial officer" means the general manager with functional responsibility for finance and procurement services appointed as the financial officer under section 149 financial officerof the Community Charter;

"general manager" means the general manager or department head who has functional responsibility and accountability for the operations or activities of a specific City department;

"independent appraiser" means a designated and qualified appraiser and includes a person holding any of the following credentials or designations: AACI, Accredited Appraiser Canadian Institute; P. App, Professional Appraiser; or CRA, Canadian Residential Appraiser;

"instrument" has the same meaning as in the Land Title Act;

"Land Title and Survey Authority" means the Land Title and Survey Authority of British Columbia established by the Land Title and Survey Authority Act;

"manager" means any exempt employee having a direct report, or a senior planner;

"statutory officer" means a person appointed under section 146 officer positions of the Community Charter and holding a position described in section 6 of this bylaw, and includes the statutory officer's deputy and any person designated by Council to act in the statutory officer's place;

Interpretation Bylaw

2   The Interpretation Bylaw applies to this bylaw.

Monetary amounts exclude recoverable taxes

3   Monetary amounts referenced in this bylaw exclude the amount of sales tax payable for which the City is eligible to recover by claiming input tax credits.

Note: For example, if this bylaw authorizes the approval of a contract with a value of up to $100,000, and a given contract involves a commitment to procure goods subject to 5% recoverable goods and services tax (GST) and non-recoverable 7% provincial sales tax (PST), the maximum pre-tax commitment authorized is $93,457.94. This is because the non-recoverable PST amount of $6,542.06 combines with the pre-tax amount to total $100,000 while the authorized limit does not apply to the recoverable GST portion of $4,672.90.

Organizational changes do not affect delegation

4   If a position to which a power, function or duty is delegated under an enactment is altered, modified, renamed, split or consolidated after the adoption of this bylaw, the power, function or duty will be deemed to have transferred, with necessary changes, to the position most closely connected to the position to which the power, function or duty was delegated.

Council retains authority to act

5   Nothing in this bylaw affects Council's authority to exercise any of the powers, duties and functions delegated by a City enactment, or Council's authority to reconsider decisions delegated by a City enactment in accordance with Appeal Procedure Bylaw.

Designation of statutory officer positions

6   The persons holding the following positions with the City are designated as statutory officers of the City under section 146 officer positions of the Community Charter and as municipal employees under section 1 definitions of the Financial Disclosure Act:

(a) city manager;

(b) corporate officer;

(c) financial officer;

(d) airport general manager.

Suspension of statutory officers

7   Suspension of a statutory officer under section 10 (1) (b) of this bylaw may only be made in accordance with section 151 suspension of officers and employees of the Community Charter.

Termination of statutory officers

8   Termination of the appointment of any statutory officer may only be made in accordance with section 152 termination of officers of the Community Charter.

Appointment to multiple positions

9   Nothing in this bylaw precludes the appointment of a person to more than one office or position.

Delegation to the city manager

10   (1) The city manager or authorized designate has the following powers, functions and duties:

(a) the powers, duties and functions specified in section 147 chief administrative officer of the Community Charter, and other provisions applicable to the chief administrative officer in other enactments;

(b) appoint or suspend statutory officers under section 154(3) of the Community Charter;

(c) coordinate, motivate, direct and supervise department heads;

(d) establish the duties and responsibilities of the department heads;

(e) administer exempt staff compensation in accordance with the corporate policies and budgets established by Council;

(f) appoint, promote, discipline, suspend or terminate any employee of the City, subject to any applicable contract of employment or collective agreement;

(g) designate a person to act in the city manager's absence;

(h) do anything incidental or conducive to the exercise or performance of any power, duty or function conferred on Council or the City by an enactment;

(i) where a person subject to a requirement under an enactment fails to take the required action,

(i) fulfil the requirement at the expense of the person who failed to take the required action, and

(ii) recover the costs incurred from that person as a debt;

(j) any other authority or responsibility, as set out in the city manager's employment contract with the City;

(k) act in the place of the corporate officer or authorized designate who is excused from meeting of Council closed to the public in accordance with section 90 meetings that may or must be closed to the public of the Community Charter;

(2) When acting in the place of a corporate officer or designate under subsection (1) (k), the city manager must prepare, maintain and keep in a secure location accurate minutes for the portion of any meeting from which the corporate officer or authorized designate is excused.

(3) If there is a conflict between this bylaw and the contract referred to in subsection (1) (j), the contract will prevail to the extent of the inconsistency.

Delegation to the corporate officer

11   The corporate officer has the following powers, duties and functions:

(a) the powers, duties and functions specified in section 148 corporate officer of the Community Charter, and other provisions applicable to the corporate officer in other enactments;

(b) the administration of a records management program for the City;

(c) subject to section 66 delegation by the head of a public body of the Freedom of Information and Protection of Privacy Act, the duties, powers and functions of the "head" within the meaning of the Freedom of Information and Protection of Privacy Act;

(d) to provide on behalf of the City any notice required under an enactment in relation to a bylaw, action, decision or other matter.

Delegation to the financial officer

12   The financial officer or an authorized designate has the powers, duties and functions specified in section 149 financial officer of the Community Charter.

Delegation to the airport general manager

13   The airport general manager has the powers, duties and functions of the "accountable executive" within the meaning of the Canadian Aviation Regulations and the Aeronautics Act in respect of the Abbotsford International Airport.

Delegation to two or more positions

14   (1) The city manager, the city solicitor, the general manager of engineering and regional utilities, the general manager of parks, recreation and culture, or an authorized designate may

(a) cause entry onto real property, and

(b) undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation,

if the person exercising the power under this subsection considers that real property may be injuriously affected by the exercise of a Council power.

(2) The city manager, the general manager of engineering and regional utilities, or an authorized designate may

(a) in respect of a highway that is vested in the municipality under section 35 (1) (a) of the Community Charter,

(i) grant a licence of occupation or an easement, or

(ii) permit an encroachment, and

(b) require a person who is permitted to erect poles on highways to provide reasonable accommodation on the poles for wires and equipment of the City on agreed terms in accordance with section 43 agreements respecting municipal equipment on utility poles of the Community Charter.

(3) The city manager, the financial officer, city solicitor, the director of finance, or an authorized designate may cause the following:

(a) the disposal of property that has come into the custody and possession of a police force or police department on behalf of the City in accordance with section 67 of the Community Charter, and

(b) an amount referred to in section 258(1) of the Community Charter to be collected in the same manner and with the same remedies as property taxes.

Authorized designates

15   (1) An authorized designate may exercise the powers, duties or functions of an employee in accordance with the terms of the employee's delegation of authority to the authorized designate.

(2) If an employee to whom powers, duties and functions have been assigned or delegated has not appointed an authorized designate, the following persons may exercise the powers, duties or functions during the employee's absence or inability to act:

(a) the employee's deputy, or authorized designate;

(b) the employee's manager, or authorized designate;

(c) the employee's director, or authorized designate;

(d) the employee's general manager, or authorized designate;

(e) the city manager, or authorized designate.

(3) Except as otherwise provided by an enactment, an authorized designate to whom a power, duty or function has been delegated under subsection (1) may not further delegate to another person any power, duty or function that has been delegated under an enactment.

Authority to approve and execute contracts, commitments and payments

16   (1) Subject to subsection (2), the persons set out in Columns 2 and 3 of Table 1, or their authorized designates may approve or execute contracts, commitments or payments for goods or services or other City activities, works or initiatives up to the monetary amount set out in Column 1.

(2) A person must not execute a contract or commitment on behalf of the City unless approval as to form has been provided or waived by

(a) the city solicitor or authorized designate, or,

(b) in the case of a contract for the procurement of goods or services, the senior manager responsible for purchasing or authorized designate.

Requirements for real property transactions

17   (1) Despite section 16, the acquisition or disposition of a fee-simple interest in City property may only be approved by resolution of Council.

(2) A real property transaction

(a) exceeding $350,000, or

(b) for which, in the opinion of the senior manager of real estate services, a reasonable estimation of fair market value based on recent sales of comparable properties cannot be readily determined

may only be entered into on behalf of the City if supported by a property value appraisal prepared by an independent appraiser.

(3) The senior manager of real estate services or authorized designate may discharge or modify an instrument in respect of an interest held by the City and registered with the Land Title and Survey Authority only if

(a) a requesting party undertakes to pay all of the City's costs associated with the discharge or modification, unless the City is contractually required to discharge or modify the interest at the City's cost, and

(b) the general manager of each department responsible for the interest confirms that

(i) all applicable obligations under the interest have been fully complied with,

(ii) all required work to be performed in accordance with the interest has been substantially completed, and

(iii) the registered interest is no longer required by the City.

Authorizations for specified financial transactions

18   (1) The city solicitor or authorized designate may negotiate, approve, execute and authorize payment for all contracts, policies and other documents for the purposes of obtaining insurance coverage for and on behalf of the City.

(2) The city manager, the financial officer, the director of finance, or authorized designate may

(a) negotiate, approve, execute and authorize payments for all contracts, policies and other documents that the person exercising the power under this paragraph considers necessary or desirable to invest City funds as permitted under section 183 of the Community Charter, and

(b) approve and authorize payments for all amounts due and payable by the City

(i) by operation of provincial or federal law, or

(ii) as ordered by a court of competent jurisdiction.

(3) Payments for amounts due and payable by the City referred to in subsection (2) (b) include the following:

(a) employment insurance and Canada Pension Plan premiums;

(b) income tax remittances;

(c) amounts requisitioned for regional services in accordance with division 11 Arrangements for Voting of the Local Government Act;

(d) garnishing orders.

Authority to commence legal action

19   (1) The city manager or authorized designate may instruct the city solicitor, an authorized designate or external legal counsel to commence legal action in any court of law, or before any tribunal, arbitrator, or any other person, for or on behalf of the City.

(2) The city manager must report to Council before or as soon as reasonably practical after legal action is commenced pursuant to subsection (1) in respect of claims that exceed the monetary jurisdictional limit of the Provincial Court of British Columbia.

(3) The city solicitor or authorized designate may commence or cause the commencement of legal action in any court of law, or before any tribunal, arbitrator, or any other person, for or on behalf of the City, for the collection of amounts due and payable to the City.

Authority to defend legal action

20   The city solicitor or authorized designate may

(a) defend or instruct legal counsel to defend any action or proceeding, in any court of law, or before any tribunal, arbitrator, or any other person, for or on behalf of the City, and

(b) pursue a counterclaim, third party claim or similar ancillary claim in respect of an action or proceeding defended under this section.

Authority to settle claims

21   (1) Subject to consent of an insurer if required under a contract of insurance, the persons set out in Column 1 of Table 2 may settle claims made against the City up to the maximum amounts specified in Column 2.

(2) Subject to consent of an insurer if required under a contract of insurance, the persons set out in Column 1 of Table 3 may settle claims by the City, before or after the commencement of legal proceedings, up to the maximum disputed amounts specified in Column 2.

Repeal of previous bylaw

22   The Officer Designation and Delegation of Authority Bylaw, 2018 is repealed.