Bylaw 130-2023, in force since April 4, 2023, lets four officials authorize spending and contracts, up to $25,000 before taxes for the director general, if the money is in the budget.
Article 961.1 of the Code municipal du Québec, cited in the preamble, allows a municipality to delegate to any official or employee the power to authorize expenses and enter into contracts. Council wanted to make changes reflecting “current market reality” (la réalité du marché actuel). The bylaw sets who receives the power, how much each can authorize, and the conditions (art. 3).
Notice of motion was given on March 6, 2023, and the draft was tabled and presented at the same sitting. A public notice of the tabling and presentation is dated March 21, 2023. Council adopted it April 3, 2023; the notice of adoption and entry into force are dated April 4, 2023. It was carried unanimously by the members present. It repeals and replaces Bylaw 130-2020, as amended by Bylaws 130-2021 and 130-2022 (art. 6).
| Position (art. 4.3) | Limit |
|---|---|
| Director general (directeur général) | $25,000 (before taxes) |
| Public works director (directeur des travaux publics) | $5,000 (before taxes) |
| Recreation lead (responsable des loisirs) | $2,000 (before taxes) |
| Secretary-treasurer (secrétaire-trésorier) | $2,000 (before taxes) |
Below the list the bylaw adds: “these authorizations are not cumulative” (ces autorisations ne sont pas cumulatives). The bylaw does not say what “not cumulative” covers. The delegation does not reduce powers the officials hold under the law (art. 4.1), and the director general must maintain adequate internal controls (art. 5).
All four conditions in article 4.3 must be met:
Bylaw 130-2023 does not provide for reporting delegated expenses to council. The budget-control bylaw, 44-2024, adopted December 16, 2024, refers to “delegation rules” adopted under article 961.1. Neither bylaw names the other. Article 6.3 of Bylaw 44-2024 requires the director general and secretary-treasurer to table periodically, at a regular sitting, a report of the expenses authorized by any budget manager (responsable d’activité budgétaire). Every authorization must be reported at the first regular sitting held once 25 days have passed since the authorization.
Within these limits, the designated officials may authorize expenses and contracts on the municipality's behalf, if the conditions in article 4.3 are met (art. 4.2, 4.3). Bylaw 130-2023 imposes no obligations on residents and sets no fines.