Purpose statement
To provide practical guidance regarding effective governance practices to support the success of organizations to which the Town of Oakville (Town) provides resources.
Scope
This statement applies to local boards and other community groups (hereinafter referred to as ‘groups’) that rely on town resources/support to operate.
The list of groups subject to this procedure is attached as Appendix 1. This list may not be all inclusive and will be updated as required. Within Appendix 1 are two different types of groups: (a) Local Boards with statutory ties to the town and (b) Autonomous Legal Entities with contractual relationships with the town.
Procedure
The Town of Oakville provides support to various groups. In order to establish a viable community service relationship, the Town requires that all groups comply with any applicable legislation and that at a minimum, the group have written foundational documents. These would normally consist of one or more of the following:
- Articles of Incorporation or Letters Patent;
- Constitution and/or general by-law; and
- Such policies and procedures as the group may consider appropriate.
These documents should clearly establish how the group operates, including: defining membership; establishing procedures and quorums for meetings of members and directors; providing for the election or appointment of directors and officers; and establishing the roles and responsibilities of officers.
In the case of Autonomous Legal Entities, confirmation that the group has such foundational documents, together with a certificate of insurance is all that the town requires. The town does not review foundational documents. It is up to the organization to determine what specific provisions are appropriate in its foundational documents.
In the case of Local Boards, the Town plays a greater role in reviewing and assessing the appropriateness of the foundational documents. However, it is up to the organization to determine what specific provisions are appropriate in its foundational documents. In the case where the town has a concern with the Local Board's foundational documents, the town will work with the Local Board to achieve mutually satisfactory changes to the foundational documents.
Local boards may also be covered by their own legislation with which they must also comply. These include, but are not limited to, the Business Improvement Associations (BIAs) through the Municipal Act and the Library through the Public Libraries Act.
As a test to evaluate the health of the supported organization, a group may choose to do a review of the Board of Directors, Board of Directors and Management, Founding documents, Financial Control, and Service Agreement, by utilizing the self-assessment tool attached as Appendix 2.
Definitions
Autonomous Legal Entity means a corporation incorporated under the laws of a province or the laws of the federal government of Canada or an unincorporated entity existing under the laws of Ontario.
Local Board means a municipal service board, transportation commission, public library board, board of health, police services board, planning board, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority, or as defined in the Municipal Act.
Board of Directors means a body of elected or appointed members who jointly oversee the activities of an entity. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors. It may also be called "the executive board" and is often simply referred to as "the board".
Responsibilities
It is the responsibility of the funded agency to create its own policies. In the case of a Local Board, these policies shall be to the satisfaction of town official (Commissioner of Corporate Services).
Commissioner of Corporate Services is responsible for ensuring the groups have the required documents and that the documents are satisfactory to the town, where applicable (as in the case with Local Boards). Review to be completed upon renewal or as required. Commissioner to be responsible for bringing forward any new agreements or renewals to Council for consideration.