PART IV MEMBERSHIP AND GOVERNANCE
By-laws
19.1 (1) An authority may make by-laws, (a) respecting the meetings to be held by the authority, including providing for the calling of the meetings and the procedures to be followed at meetings, specifying which meetings, if any, may be closed to the public; (b) prescribing the powers and duties of the secretary-treasurer; (c) designating and empowering officers to sign contracts, agreements and other documents on behalf of the authority; (d) delegating all or any of its powers to the executive committee except, (i) the termination of the services of the secretary-treasurer, (ii) the power to raise money, and (iii) the power to enter into contracts or agreements other than those contracts or agreements as are necessarily incidental to the works approved by the authority; (e) providing for the composition of its executive committee and for the establishment of other committees that it considers advisable and respecting any other matters relating to its governance; (f) respecting the roles and responsibilities of the members of the authority and of its officers and senior staff; (g) requiring accountability and transparency in the administration of the authority including, (i) providing for the retention of records specified in the by-laws and for making the records available to the public, (ii) establishing a code of conduct for the members of the authority, and (iii) adopting conflict of interest guidelines for the members of the authority; (h) respecting the management of the authority’s financial affairs, including auditing and reporting on the authority’s finances; (i) respecting the by-law review required under subsection (3) and providing for the frequency of the reviews; and (j) respecting such other matters as may be prescribed by regulation. 2017, c. 23, Sched. 4, s. 16. Conflict with other laws (2) If a by-law made by an authority conflicts with any provision of the Municipal Conflict of Interest Act or the Municipal Freedom of Information and Protection of Privacy Act or a provision of a regulation made under one of those Acts, the provision of the Act or regulation prevails. 2017, c. 23, Sched. 4, s. 16. Periodic review of by-laws (3) At such regular intervals as may be determined by by-law, an authority shall undertake a review of all of its by-laws to ensure, amongst other things, that the by-laws are in compliance with any Act referred to in subsection (2) or any other relevant law. 2017, c. 23, Sched. 4, s. 16. By-laws available to public (4) An authority shall make its by-laws available to the public in the manner it considers appropriate. 2017, c. 23, Sched. 4, s. 16. Transition (5) An authority shall make such by-laws under this section as are required for its proper administration, (a) in the case of an authority that was established on or before the day section 16 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, within one year of that day; and (b) in the case of an authority that is established after the day section 16 of Schedule 4 to the Building Better Communities and Conserving Watersheds Act, 2017 comes into force, within one year of the day the authority is established. 2017, c. 23, Sched. 4, s. 16. (6) Repealed: 2020, c. 36, Sched. 6, s. 5. Direction by Minister (7) The Minister may give an authority a written direction to make or amend a by-law on any matter described in subsection (1), in accordance with the direction, within such period of time as may be specified in the direction. 2017, c. 23, Sched. 4, s. 16. Compliance (8) The authority that receives a direction under subsection (7) shall comply with the direction within the time specified in the direction. 2017, c. 23, Sched. 4, s. 16. Regulation where failure to comply (9) If an authority fails to adopt a by-law in accordance with the direction made under subsection (7), the Minister may make regulations in relation to the matters set out in the direction that are applicable in the area of jurisdiction of the authority. 2017, c. 23, Sched. 4, s. 16. Same (10) Any regulation made by the Minister under subsection (9) prevails over any conflicting by-law that the authority may have adopted. 2017, c. 23, Sched. 4, s. 16. Section Amendments with date in force (d/m/y) 2017, c. 23, Sched. 4, s. 16 - 12/12/2017 2020, c. 36, Sched. 6, s. 5 - 02/02/2021 Part V   Objects, Powers and Duties