The Regional Municipality Of York Police Services Board
Bylaw No. 08-15
Execution Of Documents Bylaw
Whereas the Police Services Act provides that a police services board shall establish policies for the effective manage of the police force;
Now therefore, The Regional Municipality of York Police Services Board enacts as follows:
1.1 In this bylaw:
“Acting Deputy Chief” means the officer provided with the written authority to act on behalf of a Deputy Chief, notice of which shall be filed with the Board and the Chief;
“Board” means The Regional Municipality of York Police Services Board, acting in its capacity as a board established under the Police Services Act;
“Board Chair” means the Board Chair of The Regional Municipality of York or designate in accordance with this Bylaw No. 08-15;
“Chief of Police” means the Chief of Police of the York Regional Police;
“Deputy Chief” means a Deputy Chief of the York Regional Police;
“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;
“Region” means The Regional Municipality of York;
“Regional Solicitor” means the Regional Solicitor of The Regional Municipality of York; and
“signing officer” means a person appointed pursuant to this bylaw to execute any document on behalf of the Board.
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 on behalf of the Board.
2.2 The Board Chair is hereby appointed the signing officer of the Board and may execute any document on behalf of the Board.
2.3 The Chief of Police is hereby appointed a signing officer in respect of any document listed in Column 1 of Schedule A to this bylaw to which a Deputy Chief may have the authority to execute such document.
2.4 Any document listed in Column 1 of Schedule A to this bylaw may be executed by the person holding the position set out opposite such document in Column 2 of Schedule A, and that person is hereby appointed a signing officer for such purpose.
2.5 Where any person is authorized to execute any document pursuant to this bylaw, such person may appoint a designate to execute such document on his or her behalf.
2.6 The appointment of an Acting Deputy Chief by a Deputy Chief shall be subject to the approval of the Chief of Police
3. SCOPE OF AUTHORITY
3.1 Despite any provision of this bylaw, a signing officer shall not execute any document unless the transaction or activity to which the document relates has been approved by Board. For greater certainty, a transaction or activity shall be deemed to be approved by Board where such transaction or activity:
- is included in the annual budget adopted by Board;
- is included in a program, project or activity which has been approved by Board; or
- is reasonably incidental to the authority given to the Chief of Police, , as the case may be, to carry out their duties and responsibilities on behalf of the Board.
3.2 No provision of this bylaw shall be construed as waiving any provision of Bylaw No. 06-14 (the “Purchasing Bylaw”), as amended from time to time, and the said bylaw shall continue to apply to the procurement of deliverables on behalf of the Board.
3.3 Where authority has been given by Board or under the Purchasing Bylaw to any person to execute any document, such authority includes the authority to execute any ancillary documents necessary to give effect to the document and shall include the authority to amend the original document, including extending the term of any agreement, provided such amendment does not result in any additional financial obligation to the Board.
3.4 Where a signing officer is authorized to execute any document pursuant to this bylaw, such authority includes the authority to execute any ancillary documents necessary to give effect to the document and shall include the authority to amend the original document, including extending the term of any agreement, provided such amendment does not result in any additional financial obligation to the Board.
3.5 The execution of any document pursuant to this bylaw shall be subject to compliance with any policies adopted by Board from time to time with respect to the transaction or activity to which the document relates, and to any operational procedures established by the Chief of Police.
4.1 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.
4.2 Each Deputy Chief shall maintain a record of each document executed pursuant to this bylaw and shall file such record with the office of the Chief of Police
4.3 At least one original of each executed document shall be retained by the Chief of Police.
4.4 All executed documents shall be delivered to the Board for safekeeping unless otherwise directed.
5.1 Schedule A attached shall form part of this bylaw.
6.1 Policy Nos.05/05 and 03/11 are hereby repealed.
ENACTED AND PASSED on June 24, 2015.Schedule A Back to Governance Policies