Body: Council Type: Document Meeting: Committee Date: 2025 Collection: Agenda Attachments Municipality: Frontenac County
[View Document (PDF)](/docs/frontenac-county/Item Attachments/Agenda Item/2025/February/Staff Briefing: Jannette Amini, Manager of Legislative Services/Clerk, will provide a briefing regarding the reports before the Committee and their co/Clerks Briefing.pdf)
Document Text
Governance Review Committee February 5, 2025
Interconnection of the Policies Sale and Disposition of Land No longer considered a disposition of land Delegation of Authority Sets out the Approval granted to staff
Easements
Land Use Policy
Sets out the guidelines and procedures to follow
Sale and Disposition of Land
- Easements no longer considered disposition of land. Granting easements delegated to staff in the Delegation of Authority By-law Process/requirements by applicants and staff are found in the Land Use Policy
- Public Notice requirements are general and refer staff to the Public Notice Policy
- Definition of third party
Delegation of Authority
General power to delegate • 23.1 (1) authorize a municipality 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. Scope of power • (2) The following rules apply to a by-law delegating any of the municipality’s powers or duties: may be revoked at any time shall not limit the right to revoke the delegation beyond the term of the council which made the delegation. Can stipulate that only the delegate can exercise the delegated power or that both the municipality and the delegate can exercise the power. may be made with conditions and limits set by council, including Procedures that the delegate is required to follow and the accountability of the delegate and the transparency of the delegate’s actions and decisions.
Powers that cannot be delegated
- The power to appoint or remove from office an officer of the municipality whose appointment is required by this Act.
- The power to pass a by-law under section 400.1 and Parts VIII, IX, IX.1 and X.
- The power to incorporate corporations in accordance with section 203.
- The power to adopt an official plan or an amendment to an official plan under the Planning Act.
- The power to pass a zoning by-law under the Planning Act, except as provided under section 39.2 of that Act.
- The powers to pass a by-law under subsections 108 (1) and (2) and 110 (3), (6), (7) and (7.1).
- The power to adopt a community improvement plan under section 28 of the Planning Act, if the plan includes provisions that authorize the exercise of any power under subsection 28 (6) or (7) of that Act or under section 365.1 of this Act.
- The power to adopt or amend the budget of the municipality.
- Any other power or duty that may be prescribed.
Current Delegations
- Warden delegated Head of Municipality Clerk delegated the power and duties vested in the Head under MFIPPA
- Clerk is designated at the Contact Person under PHIPA and Ombudsman Act
- Director of Planning and Economic Development delegated to authorize Final Approval of Plans of Subdivision and Condominium
- Director of Planning and Economic Development delegated authority to authorize Applications for Part-Lot Control – Approval
- Integrity Commissioner Delegation of authority of Council’s powers to impose penalties for a contravention of the Code of Conduct
Delegation of Authority By-law Proposed Amendments (additions)
- Housekeeping amendments
- Delegations Under the Planning Act for extension of draft approval of plans of subdivision and condominium
- Approval of Easements
Land Use Policy Established to deal with requests to access County owned lands Ensures the protection of public interest and safety. Requires any actions to be the least intrusive when addressing requests. Identifies the various tools available to grant access over County owned property Sets out where the approval lies when granting requests lie (either with staff or Council) Initially set out the fees however this is now found in the County’s annual User Fee By-law.
Proposed Policy Amendments Proposed Amendments (additions)
- Increase the size of the encroachment under delegation to staff from the current 1m2 to 10m2
- Sets out that staff are only delegated the authority to approve easements equal to or less than 20m in width. Anything greater than a 20m width would require Council approval
- Adds the following procedures to be followed for granting easements: • The location of all easements will ensure free flow of movement and minimize the possibility of interference with the K&P Trail or create or aggravate maintenance issues. • If an alternate means of access is available, either by connection to the lower tier road system, private road, fire route or a joint mutual entrance, direct access onto the K&P Trail will be denied.
Questions
