M E M O / N O T E D E S E R V I C E

To / Destinataire Mayor and Members of Council File/N de fichier:

From /
Expditeur
M !ic" #$Connor
City Cler" and %olicitor
%ub&ect / #b&et
!estricted 'cts 'fter Nomination Day (
Municipal Act, 2001 ) *ame Duc"+ ,ro-isions
Date : #ctober ./0
.123
The purpose of this memo is to ad-ise Members of Council that the pro-isions contained in
%ection .45 of the Municipal Act, 20010 subtitled )!estricted 'cts 'fter Nomination Day+ but more
commonly "no6n as the )lame duc"+ pro-isions0 are no6 in effect This is because0 at this time0
the unofficial results indicate that fe6er than three(7uarters of the Members of the out8oin8
Council 9or 2/ Members: ha-e been elected to the .123(.12/ Term of Council
The )lame duc"+ period0 as outlined in %ection .45 of the Municipal Act, 20010 means that the
.121(.123 City Council cannot:
'ppoint or remo-e an officer of the municipality 9ie the Chief ;uildin8 #fficial0 the Medical
#fficer of <ealth:=
<ire or dismiss an employee of the municipality 9ie the City Mana8er:=
Dispose of real or personal property 6hich has a -alue exceedin8 >510111 at the time of
disposal= or
'uthori?e any ne6 expenditures or incur any ne6 liability exceedin8 a -alue of >510111
These limitations are sub&ect to important pro-isions0 set forth belo60 that permit many City
acti-ities0 other6ise co-ered by these restrictions0 to continue )*ame duc"+ restrictions are in
effect until December 20 .123 6hen the ne6 Council is s6orn in
@n 8eneral0 much of the corporate acti-ity occurs throu8h dele8ated authority and in accordance
6ith Council appro-ed bud8ets0 6hich should minimi?e the potential impact of the restrictions
imposed by the lame duc" pro-isions More specifically0 these restrictions do not apply to the
disposal of real property or to expenditures or liabilities exceedin8 >510111 6here bud8et
appro-al has been obtained or to actions 6here authority 6as pre-iously dele8ated by the
Council prior to the )lame duc"+ period
;elo6 are a number of responses to fre7uently as"ed 7uestions 9F'A$s: 6ith respect to the )lame
duc"+ pro-isions
1. What happens with respect to transfers of funds between projects?
Bhere no ne6 funds are in-ol-ed and all pro&ects ha-e pre-iously recei-ed Council
appro-al0 the transfer of funds in this situation 6ould not be restricted This is because
such funds are 6ithin the bud8et appro-al pre-iously 8i-en by Council and the pro&ects are
under6ay There are also dele8ated authority pro-isions related to transfer of capital funds
bet6een pro&ects or pro8rams under certain circumstances in %chedule C'C of the
Delegation of Authority By-law 9%ection 2.: that may apply to certain types of transfers
Bhere any uncertainty exists as to the applicability of the exceptions based on specific
situations0 staff should spea" to the City Cler" and %olicitor Department
2. What happens with new projects or projects involving new money?
The appro-al of any ne6 pro&ect in-ol-in8 ne6 money exceedin8 >510111 is considered a
restricted act sub&ect to the lame duc" pro-isions %uch a pro&ect 6ould need to be brou8ht
for6ard to the .123(.12/ City Council for appro-al
3. How are the restrictions relating to the appointment or removal of an officer and the
hiring or dismissal of staff applied?
Examples of an )officer+ in this context 6ould include the City Cler" and %olicitor and the
City Treasurer0 both of 6hich are statutory positions re7uired by the Municipal Act, 20010
and appointed by Council by(la6 Therefore0 the appointment or dismissal of such officers
is prohibited 6here the restrictions of the lame duc" pro-isions are applied <o6e-er0 the
hirin8 or dismissal of most other City staff that does not re7uire Council appro-al 6ould
continue in the normal course0 as these matters ha-e already been dele8ated pursuant to
%chedule )'+ of the Delegation of Authority By-Law 9%ection D:
4. What are the rules with respect to the disposal of real or personal property?
@f the real or personal property has a -alue of more than >510111 at the time of disposal0
the property cannot be disposed of durin8 the lame duc" period unless prior appro-al 6as
8i-en by Council There are dele8ated authorities to conclude real estate transactions
contained in %chedule )C+ of the Delegation of Authority By-law 9%ection D1: but the
property 6ould need to ha-e been declared surplus by Council prior to Nomination Day in
order to utili?e this authority to finali?e any sales of real property
. !o the "ame !uc# provisions apply to $tatutory %odies such as the &ommittee of
'djustment( the "icensing and )roperty $tandards 'ppeals &ommittee( %uilt
Heritage $ub*&ommittee or the 'ccessibility 'dvisory &ommittee?
The lame duc" pro-isions only apply to City Council0 its %tandin8 Committees0 its %ub(
Committees and the Transit Commission Auasi(&udicial bodies such as the Committee of
'd&ustment0 the *icensin8 and ,roperty %tandards 'ppeals Committee0 the ;uilt <erita8e
%ub(Committee and the 'ccessibility 'd-isory Committee retain their statutory authority to
ma"e decisions or pro-ide recommendations in accordance 6ith their statutory authority
@n the unli"ely e-ent that the official election results chan8e this determination0 Council 6ill be
notified ,lease do not hesitate to contact me directly should you ha-e any 7uestions
)Original Signed By+
M !ic" #$Connor0 CM#
City Cler" and %olicitor
cc: Executi-e Committee