Municipal Administration · Bylaw 158-2023

Ormstown's director general can hire municipal employees, with the list tabled at council's next sitting

Bylaw 158-2023, in force since June 6, 2023, lets the director general hire employees who are salariés under the Act respecting labour standards, within the budget and if funds are available. The list of people hired must be tabled at the council sitting that follows.

The Ormstown Observer · Bylaws & Regulations Explainer

Key takeaway

Why this bylaw exists

The bylaw is adopted under article 165.1 of the Code municipal du Québec. The preamble notes that the Code lets a municipality delegate, by bylaw, the power to hire any officer or employee who is a salarié, and with it the power to authorize the expense. A hire, like any delegated spending, has effect only if funds are available in accordance with the bylaw adopted under the second paragraph of article 960.1 of the Code (articles 165.1, 961 and 961.1).

Notice of motion was given May 15, 2023. The bylaw was adopted June 5, 2023, unanimously by the members present. The public notice of adoption and the entry into force are both dated June 6, 2023. The text does not say it replaces or repeals an earlier bylaw.

Who is excluded

Chapter 2 says the secretary-treasurer, the clerk and the assistant clerk are “spécifiquement exclus des employés salariés” (specifically excluded from salaried employees), as senior managers (cadres supérieurs).

What this means for residents

Under this bylaw, council has delegated to the director general the hiring of employees who are salariés under the Act respecting labour standards (chapter 2). The list of people hired must be tabled at the council sitting that follows (chapter 2). The bylaw sets no penalties.

Sources

This explainer summarizes the bylaw in plain language. The French text is the official version; check it, or ask the municipality, before relying on any detail.

This bylaw explainer is presented as a courtesy of The Ormstown Observer in the interest of promoting a better understanding of the rules and regulations that govern the community. The content presented in Bylaw Explainers is provided for educational and informational purposes only and does not constitute legal advice, legal opinion, or a substitute for professional legal counsel.