The Regional Municipality Of York Police Services Board
Bylaw No. 12-19

Delegation Bylaw

Whereas the Police Services Act provides that a police services board shall establish policies for the effective management of the police service;

Now therefore, The Regional Municipality of York Police Services Board enacts as follows:

1.    Definitions

1.1    In this bylaw:

  1. “Board” means The Regional Municipality of York Police Services Board, acting in its capacity as a board established under the Police Services Act, R.S.O, 1990 or any successor provincial legislation;
  2. “Chair” means the Chair of The Regional Municipality of York Police Services Board;
  3. “Chief of Police” means the Chief of Police of the York Regional Police;
  4. “Designate” means, for the purposes of this bylaw, the person provided with written authority to act on behalf of a Signing Officer;
  5. “Document” means any written instrument in paper or electronic form which, when duly executed, will have or is intended to have the effect of binding the Board but does not include any cheques, bank drafts, debentures or other financial instruments;
  6. “Executive Director” means the Executive Director of The Regional Municipality of York Police Services Board;
  7.  “Region” means The Regional Municipality of York;
  8. “Regional Solicitor” means the Regional Solicitor of The Regional Municipality of York;
  9. “Signing Officer” means a person appointed pursuant to this bylaw to execute any document on behalf of the Board;
  10. “Vice Chair” means the Vice Chair of The Regional Municipality of York Police Services Board; and
  11. “YRP” means York Regional Police.

2.    Appointment of Signing Officers

2.1 The Board Chair and Vice-Chair are hereby appointed signing officers of the Board and may jointly execute any document or authorize any matter on behalf of the Board.

2.2 The Board Chair is hereby appointed the signing officer of the Board and may execute any document or authorize any matter on behalf of the Board.

2.3  The Chief of Police and the Executive Director are hereby appointed signing officers in respect of any document or may authorize a matter listed in Column 1 for which they have been listed in Column 2 of Schedule A to this bylaw.

2.4  Where any person is authorized to execute any document pursuant to this bylaw, such person may, in writing, appoint a designate to approve the matter and/or to execute any document on his or her behalf.

2.5  Where the Chief of Police appoints a designate under section 2.4 of this Bylaw, the Chief of Police shall have established the necessary administrative procedures governing the designate and the authority that has been delegated to the designate.

3.    Delegation of Authority

3.1  The authority to approve a matter or execute a document  listed in Column 1 of Schedule “A“ is hereby delegated to the person or persons holding the position set out opposite such matter or document in Column 2 of Schedule “A”, subject to any conditions or restrictions set out in Column 3

3.2  Any document related to any matter listed in Column 1 of Schedule “A” to this bylaw may be executed by a delegate appointed under section 3.1 of this bylaw and that person is hereby appointed a Signing Officer for such purpose.

3.3  Despite any provision of this bylaw, a designate shall not approve any matter or execute any document unless the transaction or activity to which the matter or document relates has been approved by the Board. For greater certainty, a transaction or activity shall be deemed to be approved by the Board where such transaction or activity:

  1. Is included in the annual budget adopted by the Board; or
  2. Is included in a program, project or activity which has been approved by the Board; or
  3. Is reasonably incidental to the authority given to the Chief of Police or their designate, as the case may be, to carry out their duties and responsibilities on behalf of the Board.

3.4  No provision of this bylaw shall be construed as waiving any provision of Bylaw No. 10-17 (the “Purchasing Bylaw”), as amended from time to time and the Purchasing Bylaw shall continue to apply to the procurement of deliverables of goods, services or construction on behalf of the Board.

4.    General

4.1  Where authority has been given by the Board, or under the Purchasing Bylaw, or under this bylaw to any person to approve any matter or execute any document, such authority includes the authority to execute any ancillary documents necessary to give effect to the delegated authority and shall include the authority to amend any document, including extending the term of any agreement, provided such amendment does not result in any additional financial obligation to the Board.

4.2  The approval of any matter and the execution of any document under this bylaw shall be subject to compliance with any policies adopted by the Board from time to time with respect to the transaction or activity to which the matter or document relates and to administrative procedures established by the Chief of Police.

5.    Administration

5.1  Each signing officer shall obtain the approval of the Regional Solicitor or his or her designate as to form and content prior to executing any document pursuant to this bylaw.

5.2  At least one original of each executed document shall be retained by the Chief of Police. An electronic copy shall be delivered to the Board.

5.3  All executed documents by the Chair, Vice Chair or the Executive Director shall be retained by the Board for safekeeping unless otherwise directed.

6.    Schedule

6.1  Schedule A attached shall form part of this Bylaw.

7.    Repeal

7.1  Bylaw No. 08-15 is hereby repealed.

ENACTED AND PASSED on December 4, 2019.

 

Mafalda Avellino

Executive Director

Virginia Hackson

Chair

Schedule A Back to Governance Policies