Administration - The Clerk's Department


Mary McCuaig, CAO/Clerk, mmccuaig@nationmun.ca

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The Municipal Act states that a Clerk shall be appointed by a Municipal Council. This means that the position is mandatory for the legal operation of a Municipal Corporation. The duties of the Clerk are also mandated by this Act and many other pieces of legislation such as the Planning Act, the Municipal Elections Act, the Environmental Assessment Act, the Municipal Freedom of Information and Protection of Privacy Act, just to name a few.
The Clerk’s position can best de described as being the Corporate Secretary for the Municipality. All correspondence coming into and going out of a municipal office on behalf of the Council must be filtered through the Clerk’s Department. In effect, the Clerk is the eyes, ears and mouth of the Council when Council is not sitting in session. The Council sets the policy through its resolutions and by-laws and the staff implement this policy. The Clerk is the direct contact with the public and when dealing with legal counsel and consultants.
Because certain duties are mandated by law, the Clerk must also ensure that the Council is acting at all times within the scope of the law. For example, the Council cannot authorize a certain activity if it contravenes any Act of the Legislature and it is the duty of the Clerk to so inform the Council of this fact. Also, there are certain duties mandated to the Clerk such as Returning Officer for Municipal Elections of which the Council has no direct control.
The Clerk’s Office is also responsible for maintaining a record of all by-laws, Council minutes and correspondence- both incoming and outgoing. In many cases, the by-laws are drafted by the Clerk. The Clerk and the Mayor are the official signatories on behalf of the municipality. This means that all by-laws, contracts, correspondence, minutes, etc. are signed by one or both of these people.

 

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