Municipal Act Part 3 Councils

DIVISION 1
GENERAL

Council is governing body
77(1) Each municipality is governed by a council.
Council is continuing body
77(2) A council is a continuing body.
Composition
78 A council is composed of
(a) the head of the council; and
(b) not fewer than four and not more than 10 councillors.
Number of councillors
79(1) A council may by by-law change the number of councillors.
By-law applying to next general election
79(2) If the by-law is passed 180 or more days before the next general election, it takes effect at the election.
By-law applying after next general election
79(3) If the by-law is passed fewer than 180 days before the next general election, it takes effect at the second general election after the by-law is passed.
Public notice required
79(4) The council must give public notice of the proposed by-law before third reading.
Titles of councillors and head of council
80 A councillor is to have the title "councillor" and the head of a council is to have the title "mayor", "reeve" or "head of council" as the council may designate in its organizational by-law.
Youth member
81(1) A council may appoint a person with the title "youth member" to sit with the council and to participate in its deliberations, for a term and on conditions that the council may decide.
Qualification
81(2) A youth member must be less than 18 years of age or enrolled as a full-time student in a school.
Youth member not counted for quorum or vote
81(3) A youth member is not counted for the purpose of determining a quorum or deciding a vote of the council.
Council's role
82 A council is responsible
(a) for developing and evaluating the policies and programs of the municipality;
(b) for ensuring that the powers, duties and functions of the municipality are appropriately carried out; and
(c) for carrying out the powers, duties and functions expressly given to the council under this or any other Act.
General duties of members
83(1) Each member of a council has the following duties:
(a) to consider the well-being and interests of the municipality as a whole and to bring to the council's attention anything that would promote the well-being or interests of the municipality;
(b) to participate generally in developing and evaluating the policies and programs of the municipality;
(c) to participate in meetings of the council and of council committees and other bodies to which the member is appointed by the council;
(d) to keep in confidence a matter that is discussed at a meeting closed to the public under subsection 152(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the council or of a committee conducted in public;
(e) to perform any other duty or function imposed on the member by the council or this or any other Act.
Duties of the head of council
83(2) In addition to performing the duties of a member of a council, the head of council has a duty
(a) to preside when in attendance at a council meeting, except where the procedures by-law or this or any other Act otherwise provides;
(b) to provide leadership and direction to the council; and
(c) to perform any other duty or function assigned to a head of council by the council or by this or any other Act.
Member may discuss confidential matter with C.A.O.
84 Despite clause 83(1)(d), a member may discuss with the chief administrative officer or a designated officer a matter referred to in that clause before the matter is made public as provided in that clause.
Matters that a council may delegate
85(1) A council may by by-law delegate any of its powers, duties or functions under a by-law or this or any other Act to the head of council, a council committee, the chief administrative officer or a designated officer, unless the by-law or Act otherwise provides.
Matters that a council may not delegate
85(2) A council may not delegate
(a) its power or duty to pass a resolution or by-law;
(b) its power to make, suspend or revoke the appointment of a person to the position of chief administrative officer;
(c) its duty to hold a public hearing under this Act; or
(d) a duty to decide appeals imposed on it by a by-law or this or any other Act, whether generally or on a case by case basis, unless the delegation is to a council committee and authorized by by-law.

No comments: