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Bylaw No. 2783-2018

Officer Designation and Delegation of Authority Bylaw, 2018

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2873-2018, 2885-2018, 2911-2019 and 3017-2020 . Last amended February 24, 2020

Contents
 1 Citation
 2 Scope of bylaw
 3 Interpretation
 4 Schedules
 5 Establishment of Statutory Officer positions
 6 Powers and duties of the City Manager
 7 Powers and duties of the Director, Legislative Services
 8 Powers and duties of the General Manager, Finance and Corporate Services
 9 Powers and duties of the Airport General Manager
 10 Authorized designates
 11 Suspension of Statutory Officers
 12 Termination of Statutory Officers
 13 Appointment to two or more positions
 14 Authorized approval limits for contracts, commitments and payments
 15 Authorized signatories and execution of documents
 16 Authorizations for real property transactions
 17 Authorizations for specified financial transactions
 18 Authority to commence legal action
 19 Authority to defend legal action
 20 Authority to settle claims/liability suits
 21 Grants for Events
 22 Transit ticket refunds and exchanges
 23 Outdoor patios for cafes and restaurants within the Abbotsford East Downtown Business Improvement Area
 24 Delegation of statutory powers, duties and functions
 25 Delegation of powers, duties and functions in relation to bylaw contraventions
 26 Repeal
Schedule "A"
Schedule "B"

WHEREAS, the Council of the City of Abbotsford may, by bylaw, delegate certain of its powers, duties and functions, including those specifically established by an enactment, to Statutory Officers and Employees of the City of Abbotsford on terms and conditions it considers appropriate;

AND WHEREAS the Council wishes to delegate to its Statutory Officers and Employees certain powers, duties and functions;

AND WHEREAS the Council wishes to specify which Statutory Officers and Employees may act as signatories on behalf of the City;

NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 2783-2018 may be cited as the "Officer Designation and Delegation of Authority Bylaw, 2018".

Scope of bylaw

2   Unless a power, duty or function of Council has been expressly delegated by this Bylaw or another City bylaw, all the powers, duties and functions of Council remain with Council. Nothing in this Bylaw affects Council's authority to exercise any of the powers, duties and functions delegated by this Bylaw or another City bylaw, or Council's authority to reconsider decisions delegated by this Bylaw or another City bylaw in accordance with Appeal Procedure Bylaw, 2016.

Interpretation

3   (1) Schedule "A" contains definitions of terms used in this Bylaw.

(2) Except as otherwise defined in this Bylaw, words or phrases herein will be construed in accordance with their meanings under the Community Charter, SBC 2003, c. 26, Local Government Act, RSBC 2015, c. 1, and Interpretation Act, RSBC 1996, c. 238, as the context and circumstances may require.

(3) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.

(4) Words in the singular include the plural and gender specific terms include both genders and corporations.

(5) Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw.

(6) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

(7) If a position to which powers, functions and duties are delegated under a Bylaw is altered, modified, renamed, split or consolidated after the adoption of this Bylaw, each of those powers, functions and duties will be deemed to have transferred, with necessary changes, to the person holding the position most closely connected to that which existed upon the adoption of this Bylaw.

(8) Maximum amounts referenced in this Bylaw exclude the amount of sales tax payable by the City but which the City is eligible to recover by claiming input tax credits.

B/L 2911-2019

(9) References in this Bylaw to any document in respect of which authority to approve or execute is delegated includes an amendment to such document, subject to any limits on authority applicable to the underlying document.

B/L 2911-2019

Schedules

4   (1) Schedule "A": Definitions is attached to and forms part of this Bylaw.

(2) Schedule "B": City Bylaws Delegating Authority is attached for reference and information purposes only, and the absence or omission of a reference within Schedule "B" to another City bylaw delegating authority does not alter or affect the validity of such delegation.

Establishment of Statutory Officer positions

5   The persons holding the following positions with the City are established as Statutory Officers of the City under Section 146 and the following provisions of the Community Charter, and are also designated as "municipal employees" for the purposes of the Financial Disclosure Act, RSBC 1996.

(a) City Manager, pursuant to Section 147;

(b) Director, Legislative Services/City Clerk, pursuant to Section 148;

(c) General Manager, Finance and Corporate Services, pursuant to Section 149; and

(d) Airport General Manager.

Powers and duties of the City Manager

6   The City Manager is the chief administrative officer for the City, and is assigned the chief administrative responsibility for the City, including the following duties, powers and functions:

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

(b) appointing and/or suspending Statutory Officers per Section 154(3) of the Community Charter;

(c) coordinating, motivating, directing and supervising department heads and establishing their duties and responsibilities;

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

B/L 2911-2019

(e) in regard to every closed meeting of Council during which the Corporate Officer or designate is excused from the meeting or part of the meeting, acting in the Corporate Officer’s place for the purpose of:

(i) ensuring that accurate minutes for such portion of the meeting are prepared, and

(ii) maintaining and keeping safe the records of such portion of the meeting in a secure location;

B/L 2911-2019

(f) appointing, promoting, disciplining, suspending or terminating any Employee of the City, subject to any contract of employment or collective agreement in force;

(g) designating a person to act in his absence; and

(h) any other authority or responsibility, as set out in the City Manager's employment contract with the City; and where there is a conflict between this Bylaw and the contract, the contract will prevail.

Powers and duties of the Director, Legislative Services

7   The Director, Legislative Services, is the corporate officer for the City, and is assigned responsibility for the corporate administration of the City, including: B/L 2911-2019

(a) subject to Section 6 (e), carrying out the powers, duties and functions of the corporate officer as set out in Section 148 of the Community Charter, and other provisions applicable to the corporate officer in other enactments;

B/L 2911-2019

(b) administering a records management program for the City;

B/L 2911-2019

(c) administering civic elections and other voting procedures as the Chief Election Officer;

(d) serving as the "Head" for the purposes of the Freedom of Information and Protection of Privacy Act, RSBC 1996, subject to a written designation to another person, and conditions or restrictions contained therein, of any duty, power or function of the "Head", except the power to delegate, made in accordance with Section 66 of the Freedom of Information and Protection of Privacy Act, RSBC 1996; and

B/L 2873-2018

(e) providing any notice required by statute or other law in relation to a bylaw or to an action, decision or other matter.

Powers and duties of the General Manager, Finance and Corporate Services

8   The General Manager, Finance and Corporate Services, is the financial officer for the City, and is assigned the responsibility of financial administration for the City, and carrying out the powers, duties, and functions specified in Section 149 of the Community Charter, and other provisions applicable to the financial officer in other enactments.

Powers and duties of the Airport General Manager

9   The Airport General Manager, is the General Manager for the City's Abbotsford International Airport, and is assigned the responsibility of airport administration for the City, and carrying out the powers, duties, and functions of all provisions applicable to the Airport General Manager in the City's Abbotsford Airport Authority Bylaw, 2016, and other enactments. The Airport General Manager is the "Accountable Executive" for the Abbotsford International Airport, in accordance with the Canadian Aviation Regulations, and the Aeronautics Act, R.S.C., 1985, c. A-2.

Authorized designates

10   (1) During the absence of a Statutory Officer or Employee to whom powers, duties or functions have been delegated by bylaw, such powers, duties or functions are assigned to the Authorized Designate of the Statutory Officer or Employee.

(2) If no person has been provided with written authority to act as Authorized Designate in accordance with Subsection (a), such powers, duties or functions are delegated:

(a) firstly, to the deputy of the Statutory Officer, if applicable;

(b) secondly, if no deputy has been appointed, or in the case of an Employee, to the immediate supervisor for the position to which the authority is delegated; and

(c) thirdly, if the Statutory Officer or Employee's immediate supervisor is unable to act, to the City Manager.

(3) An Authorized Designate to whom a power, duty or function has been delegated under this Bylaw may not further delegate to another person any power, duty or function that has been delegated by this Bylaw. For greater certainty, a Statutory Officer or Employee to whom a power, duty or function has been delegated under Subsections (b) (i) through (iii) is not an Authorized Designate for the purposes of this Subsection.

(4) For greater certainty, this Section does not apply to the designation of "Head" for the purpose of the Freedom of Information and Protection of Privacy Act, RSBC 1996, within Subsection 7 (c), or any written designation to another person authorized by that Subsection and Section 66 of the Freedom of Information and Protection of Privacy Act, RSBC.

B/L 2873-2018

Suspension of Statutory Officers

11   Suspension of a Statutory Officer will be in accordance with Sections 151, 154(3) of the Community Charter and Section 6 (b) of this Bylaw.

Termination of Statutory Officers

12   Termination of the appointment of any Statutory Officer will be made in accordance with Section 152 of the Community Charter.

Appointment to two or more positions

13   Nothing in this Bylaw will prevent the appointment of the same person to two (2) or more offices or positions.

Authorized approval limits for contracts, commitments and payments

14   (1) The following are delegated authority to approve contracts and commitments for the provision of goods and services or other City activities, works or services in the ordinary course of business, and to approve payments pursuant to such contracts and commitments, to the maximum amounts, being the total monetary value of each contract or commitment inclusive of permitted renewals, set out below:

Position

Delegated Approval Authority Limit

City Manager

Up to $350,000

General Managers

Up to $250,000

Directors

Up to $150,000

Managers

Up to $50,000

Any Statutory Officer or Employee

Up to $5,000

B/L 2873-2018

(2) Authority to approve payments pursuant to a contract or commitment approved by Council or in accordance with Subsection (a) may be further delegated to any Statutory Officer or Employee either by:

(a) Council, by resolution or bylaw; or

(b) any person with authority under Subsection (a) to approve the contract or commitment giving rise to the payment obligation.

Authorized signatories and execution of documents

15   (1) For the purposes of this Section, each of following is an "Excluded Document"

(a) an instrument to be deposited with the Land Title and Survey Authority of British Columbia;

(b) a Real Property Transaction Document; and

(c) a non-legally binding Memorandum of Understanding.

(2) The following are delegated authority to sign or execute a contract or commitment, other than an Excluded Document, authorized by Council or pursuant to Section 14, subject to the conditions set out below:

Position(s)

Maximum Value of Contract or Commitment

Mayor, together with Corporate Officer

Any amount

City Manager, together with Corporate Officer

$350,000

General Manager, together with Corporate Officer

$250,000

Director, together with Corporate Officer

$150,000

Manager, together with Corporate Officer

$50,000

Any Statutory Officer or Employee to whom such authority has been delegated by Council by resolution or bylaw, together with Corporate Officer

As specified in Council resolution or bylaw

Any Manager or above

$25,000 and in the ordinary course of the City's business

Any Statutory Officer or Employee

$5,000 and in the ordinary course of the City's business

(3) The Corporate Officer will execute on behalf of the City instruments to be deposited with the Land Title and Survey Authority that are approved in accordance with this Bylaw.

B/L 2911-2019

(4) The Real Estate Services Manager will execute on behalf of the City Real Property Transaction Documents that are approved in accordance with this Bylaw.

B/L 2911-2019

(5) Except where otherwise provided by Council resolution or bylaw, authority to execute non-legally binding Memoranda of Understanding ("MOU") documents is delegated to the City Manager.

(6) Subject to Subsection (f), the form of agreement for a contract or commitment signed or executed under this Section must be substantially in the form approved by Council.

B/L 2873-2018

(7) A Significant Contract signed or executed under this Section in respect of which Council has not approved a specific form of agreement must be approved as to form:

(a) in the case of a contract or commitment for the acquisition of goods or services, by the Manager, Purchasing or the City Solicitor; and

(b) in all other cases, by the City Solicitor.

B/L 2873-2018

Authorizations for real property transactions

16   (1) Subject to Part 3, Division 3 of the Community Charter, the following are delegated authority to negotiate and approve on behalf of the City all contracts and other documents necessary or desirable to facilitate the acquisition of property, or disposition of property other than a fee simple interest up to the maximum transaction amounts specified:

Position

Transaction Amount

City Manager

Up to $350,000

General Manager, Finance and Corporate Services

Up to $250,000

City Solicitor

Up to $150,000

Real Estate Services Manager

Up to $75,000

B/L 2911-2019

(2) Real property transactions for amounts exceeding $350,000 or for which, in the opinion of the Real Estate Services Manager, a reasonable estimation of fair market value based on recent sales of comparable properties cannot be readily determined, will be supported by an appraisal by an Independent Appraiser. Nothing in this Subsection limits the acquisition of an appraisal by an Independent Appraiser for real property transactions for amounts below $350,000.

B/L 2911-2019

(3) For the purposes of this Section, the value of the transaction will be determined as follows:

(a) in regard to the acquisition or disposition of a fee-simple interest in land, by the purchase price or sale price of the land;

(b) in regard to the granting of a non-residential lease, rental or license of occupation, by the basic rent or fee payable under the lease, rental or license for the term of the lease, rental or license, including any rights of renewal, or, if no expiry is specified, for one year.

(c) in regard to the granting of a residential lease, rental or license of occupation, by the basic rent or fee payable under the lease, rental or license for the greater of the term of the lease, rental or license, excluding any rights of renewal, or one year.

(4) The Real Estate Services Manager is delegated authority to approve the discharge or modification of an interest held by the City and registered with the Land Title and Survey Authority for British Columbia, provided that:

(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;

(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.

B/L 2873-2018

Authorizations for specified financial transactions

17   (1) The City Solicitor is delegated authority to negotiate, approve, execute and authorize payment for all contracts, policies and other documents necessary or desirable to obtain insurance coverage for and on behalf of the City.

(2) The City Manager, the General Manager, Finance and Corporate Services, and the Director, Finance are each delegated authority to negotiate, approve, execute and authorize payments for all contracts, policies and other documents necessary or desirable to invest City funds as permitted under Section 183 of the Community Charter.

(3) The City Manager, the General Manager, Finance and Corporate Services, and the Director, Finance are each delegated authority to approve and authorize payments for all amounts due and payable by the City by operation of provincial or federal law or as ordered by a court of competent jurisdiction, including without limitation in respect of employment insurance and Canada Pension Plan premiums, income tax remittances, amounts requisitioned for regional services in accordance with Part 11, Division 11 of the Local Government Act, and garnishing orders.

(4) The following are delegated authority to return or cancel performance security collected or held in accordance with a contract or a Bylaw or enactment, after taking any appropriate deductions as authorized by the Bylaw, enactment or contract, and in consultation with the General Managers of the City departments responsible for the administration of such performance security:

Position(s)

Maximum Value of Performance Security Returned or Cancelled

City Manager, together with General Manager, Finance and Corporate Services

Any amount

City Manager

Up to $350,000

General Managers

Up to $250,000

Directors

Up to $150,000

Managers

Up to $50,000

Authority to commence legal action

18   (1) The City Manager is delegated authority to instruct legal counsel, or the City Solicitor, 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. All legal action in respect of claims in excess of the monetary jurisdictional limit of the Provincial Court of British Columbia commenced pursuant to the exercise of this delegated authority will be reported to Council before or as soon as reasonably practicable after legal action is commenced.

(2) Without limiting the generality of Subsection (a), the City Solicitor is delegated authority to 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

19   The City Solicitor is delegated authority to 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 to 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/liability suits

20   (1) Subject to consent of an insurer if required under a contract of insurance, the following are delegated authority to settle claims against the City, whether or not court proceedings have been commenced, up to the maximum amounts specified:

Position

Settlement Amount

City Manager

Up to $100,000

General Manager, Finance and Corporate Services

Up to $50,000

City Solicitor

Up to the monetary jurisdictional limit of the Provincial Court of British Columbia

(2) Subject to consent of an insurer if required under a contract of insurance, the following are delegated authority to settle and compromise claims by the City, whether or not court proceedings have been commenced, up to the maximum discounted amounts based on a reasonable assessment of the risk-adjusted value of the City's claim:

Position

Discounted Amount

City Manager

Up to $100,000

General Manager, Finance and Corporate Services

Up to $50,000

City Solicitor

Up to the monetary jurisdictional limit of the Provincial Court of British Columbia

(3) Without limiting Subsections (a) and (b), the City Manager, on the advice of the City Solicitor, is delegated authority to negotiate, approve and execute agreements, and authorize payments, to facilitate the settlement of any claim directed by the City's insurer in accordance with a contract of insurance.

B/L 2873-2018

Grants for Events

21   (1) The General Manager, Finance and Corporate Services, and Director, Finance, are each delegated authority to review and approve all Grants for Events Applications, in accordance with the City's Grants for Significant Events and Festivals Policy.

(2) The Applicant who is subject to a decision of the General Manager, Finance and Corporate Services, or Director, Finance, is entitled to have Council reconsider the matter.

(3) Without limiting Subsection (b), a decision by the General Manager, Finance and Corporate Services, or Director, Finance, denying a Grant for Events, in accordance with Subsection (a), may be reconsidered by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.

Transit ticket refunds and exchanges

22   (1) The Manager, Financial Operations, is delegated authority to review and approve all requests for refunds and exchanges of Transit Tickets, in accordance with the City's Transit Ticket Refunds and Exchanges Policy.

(2) A person who is subject to a decision of the Manager, Financial Operations, is entitled to have Council reconsider the matter.

(3) Without limiting Subsection (b), a decision by the Manager, Financial Operations, denying a refund or exchange, in accordance with Subsection (a), may be reconsidered by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.

Outdoor patios for cafes and restaurants within the Abbotsford East Downtown Business Improvement Area

23   (1) The General Manager, Planning and Development Services, is delegated authority to develop a program to permit outdoor patios on City-owned lands (sidewalks), for merchants operating cafes and restaurants located within the Abbotsford East Downtown Business Improvement Area, in accordance with the City's Outdoor Patios for Cafes and Restaurants within the Abbotsford East Downtown Business Improvement Area Policy.

(2) The General Manager, Planning and Development Services, is authorized to: establish and administer an Application approval process, develop guidelines; negotiate and enter into licence agreements; and develop any other documents related to this program.

(3) The Applicant who is subject to a decision of the General Manager, Planning and Development Services, is entitled to have Council reconsider the matter.

(4) Without limiting Subsection (c), a decision by the General Manager, Planning and Development Services, denying an outdoor patio, in accordance with Subsection (a), may be reconsidered by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.

Delegation of statutory powers, duties and functions

24   (1) The City Manager is delegated authority to:

(a) direct in accordance with Section 17 of the Community Charter that, if a person subject to a requirement under an enactment to do something fails to take the required action, the City may fulfill the requirement at the expense of the person and recover the costs incurred from that person as a debt; and

(b) 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 in accordance with Section 114 of the Community Charter.

(2) The City Manager, the City Solicitor, the General Manager, Engineering and Regional Utilities, and the General Manager, Parks, Recreation and Culture, are each delegated authority, in accordance with Section 32(3) of the Community Charter, to cause on behalf of the City entry onto real property and undertake works of construction, maintenance or repair in mitigation of injury done or anticipated, or in reduction of compensation, if he or she considers that real property may be injuriously affected by the exercise of a Council power.

(3) The City Manager and the General Manager, Engineering and Regional Utilities, are each delegated authority to:

(a) grant a licence of occupation or an easement, or permit an encroachment, in respect of a highway that is vested in the municipality under Subsection 35(11)(a) of the Community Charter; 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 of the Community Charter.

(4) The City Manager, the General Manager, Finance and Corporate Services, and the Director, Finance, are each delegated authority to:

(a) cause 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 the regulations thereunder if the owner of the property has not been identified after reasonable effort and a court of competent jurisdiction has not made an order in respect of the property; and

(b) cause 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.

Delegation of powers, duties and functions in relation to bylaw contraventions

25   Repealed.

B/L 3017-2020

Repeal

26   The following bylaws, and any and all amendments, are hereby repealed:

(a) Bylaw No. 561-97, cited as "Records Management Bylaw, 1997";

(b) Bylaw No. 21-95, cited as "Freedom of Information Bylaw"; and

(c) Bylaw No. 2240-2013, cited as "Officer Designation and Delegation Bylaw, 2013"

B/Ls 2873-2018, 2911-2019

READ A FIRST TIME on March 5, 2018 READ A SECOND TIME on March 5, 2018 READ A THIRD TIME on March 5, 2018 ADOPTED on March 19, 2018

Schedule "A"

Definitions

In this Bylaw:

"Applicant" and "Application" mean the person submitting an application to the City.

"Approving Officer" means an approving officer as defined in the Land Title Act, RSBC 1996.

"Authorized Designate" means a person provided with the written authority to act on an Employee's or a Statutory Officer's behalf during his or her absence.

"Bylaw Enforcement Officer", has the same meaning as in the Bylaw Enforcement Bylaw, 2020.B/L 2911-2019, 3017-2020

"City" means the City of Abbotsford.

"City Manager" means the Chief Administrative Officer for the City, under the Community Charter, Section 147.

"City Solicitor" means the Director, Property, Risk Management and Legal Services for the City.

"Council means" the Council of the City.

"Deputy City Manager" means the Deputy City Manager for the City.

"Director" means any Employee of the City, fulfilling the function of the Director, of a specific operational and/or functional area and/or program, for the City.

"Director, Legislative Services", also known as the "City Clerk" and "Corporate Officer", means the corporate officer under the Community Charter, Section 148. B/L 2911-2019

"Employee" means an exempt or union employee of the City other than a Statutory Officer.

"General Manager" means the General Manager who has functional responsibility and accountability for operations of a specific City department.

"General Manager, Finance and Corporate Services" means the financial officer under the Community Charter, Section 149.

"Grants for Events" means a grant issued in accordance with the City's Grants for Significant Events and Festivals Policy.

"Head" means the position designated as the head of the public body for the purposes of s. 77 of the Freedom of Information and Protection of Privacy Act, RSBC 1996 c. 165.

"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.

"Manager", means any Employee of the City, other than the City Manager, Deputy City Manager, General Manager, or Director, which is deemed to be a non-union position, and which has direct reports.

"Park" has the same meaning as set out in the City's Parks Bylaw, 2016.

"Real Property Transaction Document" includes, in relation to the acquisition or disposition of City property:

(a) contracts of purchase and sale;

(b) options to purchase;

(c) fee simple transfers of land;

(d) statements of adjustments;

(e) statutory declarations;

(f) tax certificates;

(g) property transfer tax returns;

(h) easement agreements;

(i) covenants;

(j) statutory rights of way;

(k) lease agreements; and

(l) licenses of occupation.

B/L 2873-2018

"Significant Contract" means a contract or commitment, other than employment-related contract or commitment:

(a) having a transaction value equal to or greater than $50,000; or

(b) containing an indemnity given by or on behalf of the City.

B/L 2873-2018

"Statutory Officer" means a person appointed under Section 146 of the Community Charter and holding a position described in Section 5 of this Bylaw, and includes the Statutory Officer's deputy and any person designated by Council to act in the Statutory Officer's place.

Schedule "B"

City Bylaws Delegating Authority

(for reference and information purposes only)

Bylaw

General Description of Designated Authority

Position

Abbotsford Airport Acquisition Bylaw, 1996

Sign and execute documents for acquiring airport property

Mayor; and Corporate Officer

Abbotsford Airport Authority Bylaw, 2016

Operate airport on behalf of the City; execution of licence and operating agreements

Airport General Manager

Abbotsford Community Centre Loan Authorization Bylaw, 2006

Sign/execute documents to secure loan

Mayor; and Corporate Officer

Abbotsford Cultural Centre Loan Authorization Bylaw, 2006

Sign/execute documents to secure loan

Mayor; and Corporate Officer

Abbotsford Entertainment and Sports Centre Loan Authorization Bylaw, 2006

Sign/execute documents to secure loan

Mayor; and Corporate Officer

Abbotsford Police Board Emergency Communication Services Enabling Bylaw, 2010

Take all such further action or execute all documents on behalf of the City as may be reasonably required in connection with this enabling bylaw

Mayor; Deputy Mayor; Acting Mayor; and Corporate Officer

Blasting Regulation Bylaw, 2010

Suspend or cancel a blasting permit at any time if the blasting operations are carried out in an incompetent, dangerous or unsafe manner or contrary to the requirements of this Bylaw or any applicable statute, regulation, bylaw or rule.

Building Inspector

Building Bylaw, 2018

B/L 2885-2018

Administer the Bylaw; establish that the methods and types of Construction and materials conform to the requirements; refuse to issue a Building Permit or withhold Occupancy; revoke a Building Permit; and order the correction of any work; and may post a Stop Work Order.

Chief Building Official; and Building Officials

Business Licence Bylaw, 2006

Power to grant, refuse, suspend, or cancel a licence issued under this bylaw subject to the provisions of this bylaw and the Community Charter

Licence Inspector

Bylaw Notice Enforcement Bylaw, 2007

Appoint or rescind the appointment of Screening Officers from these classes; for the purpose of enforcement of its bylaws

City Clerk

Prepare and enter into compliance agreements; establish terms and conditions for compliance agreements; provide for payment of a discounted penalty if a compliance agreement is entered into; and cancel Bylaw Notices

Screening Officer

Cemetery Bylaw, 2007

Administer this bylaw in accordance with the duties and powers contained in this bylaw

Cemetery Administrator

Consolidation Bylaw, 1998

Consolidate bylaws

City Clerk

Controlled Substance Property Bylaw, 2006

May post a notice indicating that the Property is in an unsafe condition; enter on and inspect any Property; take measures to prevent and suppress fires; order and Owner or Occupier out of Property; exercise some or all or the powers of the Fire Commissioner; enter Property to inspect and determine whether all requirements are met, remediate property, and inspect, disconnect or remove a water service.

Inspector; and Fire Chief

Council Procedure Bylaw, 2018

All of its powers, duties and functions except those that may not be delegated as set out in the Community Charter and Local Government Act B/L 2873-2018

Executive Committee

Development Bylaw, 2011

Execute documents: Agreements, bonding, insurance, and permits

Mayor; and Corporate Officer

Development Application Procedures Bylaw, 2016

Issuance of permits with or without conditions and deny

Director, Development Planning; and Approving Officer

Discharge of Firearms Regulation Bylaw, 1995

Shoot a firearm that is authorized by permit

Peace/Conservation Officer

Election Bylaw, 2018

B/L 2885-2018

Establish dates, times, locations of voting opportunities; responsible for the organization of municipal election

Chief Election Officer; and Deputy Chief Election Officer

Election Sign Bylaw, 2015

Removal of Election Signs or posters that is in contravention of Bylaw

Manager, Bylaw Enforcement

Emergency Measures Bylaw, 2002

B/L 2885-2018

(a) Declare a state of emergency and implement procedures.

(b) Appointed, as head of the Emergency Management Organization for the City, to assist with emergency preparedness, response and recovery measures and implement plan

Council; Mayor; Fire Chief; and Emergency Management Coordinator

Farm (Mushroom Growing Operation Storm Water and Waste Management and On-farm Composting Bylaw, 1998

Enter, at all reasonable times, upon any property for the purpose of administering and enforcing this Bylaw.

Bylaw Enforcement Officers; General Manager, Planning; and General Manager, Engineering and Regional Utilities

Fire Service Bylaw, 2006

Take all measures to control and extinguish fires; enforce bylaws and the Fire Service Act

Fire Chief

Good Neighbour Bylaw, 2003

Enforce the provisions of this Bylaw.

Bylaw Enforcement Officers

Holding Tank Bylaw, 1998

Inspection, observation, measurement, sampling, and testing of a building drain or a holding tank

Director, Development Services

Intermunicipal Business Licence Bylaw, 2012

Suspend or cancel a Intermunicipal Business Licence in relation to conduct by the holder under the Community Charter or the Municipal Business Licence Bylaw

Principal Municipality

Kennel Regulation Bylaw, 1996

Enter at all reasonable times upon any property to ascertain and ensure that the provisions of this Bylaw are being complied with.

Senior Business Licence Inspector; and Bylaw Enforcement Officers

Municipal Ticket Information Bylaw, 2007

Enforcement of City Bylaws; and City Clerk is delegated the authority to appoint or rescind the appointments of Officers

City Clerk; and Bylaw Enforcement Officers

Outdoor Special Event, Filming and Activities Bylaw, 2016

Authorized to issue, amend, suspend and revoke Special Event Permit, Filming Activity Permit and Conveyance of Expression Activity Permit; and refuse to issue the permit providing written notice of the reasons for such refusal.

City Manager

Petroleum Products and Equipment Bylaw, 2018

B/L 2885-2018

The Fire Chief is authorized to provide reports, issue permit to perform work, request correction of work, suspend or revoke a Permit, refuse and impose terms and conditions. The Fire Chief and Bylaw Enforcement Officers can enter the property.

Fire Chief; and Bylaw Enforcement Officers

Records Management Bylaw, 1997

Prepare a Records Management and Retention Schedule for each department; and review the retention and disposal of records in compliance with the terms and conditions of the schedule.

City Clerk

Sanitary Sewer Local Improvement Construction Bylaw No. 2, 1995

Execute contracts for the works for local improvement projects

Mayor, City Clerk; and Director Engineering

Sewer Regulations Bylaw, 2017

Enter into and on the premises to inspect, sampling, monitoring and discharge, by the Engineer.

Director, Engineering

Sign Bylaw, 2001

Enter at all reasonable times upon any property subject to this by-law to ascertain whether its regulations or directions are being complied with

Building Inspector; and Chief Building Inspector

Smoking Regulation Bylaw, 2017

Establish restricted areas on or within Outdoor Public Space; display of signs identifying; areas at the entrances to City-owned, Public Buildings where Smoking is prohibited.

City Official

Soil Removal and Deposit Bylaw, 2003

At all reasonable times to enter upon and inspect any lands to ascertain whether the provisions of this bylaw and any permit issued pursuant to this bylaw are being complied with

Director, Engineering; and Works Inspectors

Sound Regulation Bylaw, 2017

May refuse the application, or may approve the variance and determine the terms and conditions of an Exemption.

Chief Building Inspector

Street Naming and Addressing Bylaw, 2015

Approve the assignment of a street name.

General Manager, Planning and Development Services

Tree Protection Bylaw, 2010

At all reasonable times to enter on any property to inspect and determine whether this Bylaw, and any terms, conditions, restrictions and requirements of a tree cutting permit, notice or direction issued under this Bylaw, are being observed; issue or refusal to issue a tree cutting permit; tree replanting plan approval

General Managers; Bylaw Enforcement Officers; and Arborist

Vehicle for Hire Bylaw, 2017

Conduct investigations necessary to act or continue to act as a chauffeur in the City and to ensure compliance with this bylaw; issue or refuse to issue a chauffeur permit

Chief Constable

Water and Sewer Commission Establishment and Delegation Bylaw, 2005

Powers, duties and functions to administer the water and sewer systems in the City.

Water and Sewer Commission

Waterworks Regulation Bylaw, 2017

Issue an order prohibiting all lawn sprinkling and Garden Irrigation and imposing additional and other restrictions on water use; approve or deny an Application for water connection, water reconnection, hydrant use permit, leak adjustment, meter installation, or payment plan.

Engineer

Zoning Bylaw, 2014

Administer this Bylaw and to enter, at all reasonable times, upon any lot or premises to ascertain whether the provisions of this Bylaw are being complied with.

Designated Official