Municipal government in Canada

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In Canada, municipal government is a type of local council authority that provides local services, facilities, safety and infrastructure for communities.[1][2] Canada has three levels of government; federal, provincial and municipal. According to Section 92(8) of the Constitution Act, 1867, "In each Province the Legislature may exclusively make Laws in relation to... Municipal Institutions in the Province."[3] There are about 3,700 municipal governments in Canada.[4] Technically the municipal government is not sanctioned in the Constitution but may be established pursuant to provincial/territorial authority.[5]

History[edit]

Like many Canadian political institutions, municipal government has its roots in the medieval system of government in England. Famously, the city of Winchester was given its charter in 1185, and the granting of freedoms became endorsed in the Magna Carta, which was signed in 1215. The first formal municipality in Canada was the city of Saint John in New Brunswick, which received royal approval in 1785. For municipal government, this began an almost 50-year hiatus of receiving approval from the government, ending in the 1830s when the issue was placed on the agenda once again. In 1835, the English parliament passed the Municipal Corporations Act, which specified how municipalities were to function and be elected. The ideas from this law were transferred to Canada by Lord Durham, who submitted a report to then-Governor-General, Lord Sydenham. In late 1840 to early 1841 the governments of what was Canada at the time enacted various acts which established municipal government in all areas of the country.[6]

In 1849, the Legislative Assembly of the Province of Canada approved a Canadian version of the Municipal Corporations Act, often referred to as the Baldwin Act in honour of its creator, Robert Baldwin. It delegated authority to the municipal governments so they could raise taxes and enact by-laws. It also established a hierarchy of types of municipal governments, starting at the top with cities and continued down past towns, villages and finally townships. Changes to the boundaries of these new governments could be made by petitioning the provincial Municipal Board or by requesting a change through the legislature.[6]

By the early 20th century, Canada was deeply involved in a period of municipal reform. An attempt to distinguish municipal government from the provincial legislature occurred, and the municipal governments were compared with a board of directors – this form of government was not for advancing a certain political party's view, it was for sitting down and running it 'like a business'. As such, the idea that a larger municipality should have more councillors was the same as having a large board of directors for a larger company; i.e., not functionally possible.[6]

Between the 1920s and the 1960s the municipalities received increased funding from their provincial government parents. This was partly due to the Great Depression, but further discussion about reform reared its head in the 1970s. In many cities, the system of having a few very large wards encompassing many different walks of life was replaced with one ward for every area with different demographics; this was to ensure that councillors would not have conflicting interests between the well-off and those not so. The arguments over municipal government reform continue, seen in the recent City of Toronto Act 1997 dispute.[6]

Types of municipal government[edit]

Municipal governments are, in effect, subdivisions of their province. While the municipality has autonomy on most decisions, all by-laws passed by that municipal government are subject to change by the provincial government at any time.

An example of a typical municipal government structure can be found in New Brunswick, which played host to the first municipal government in Canada in 1785 at Saint John.[7]

Regional municipalities[edit]

In some provinces, several municipalities in a particular area are also part of an upper tier of municipal government, which provides more regionally-oriented services. Depending on the province, this second tier may be called a county, regional municipality, regional district or regional county municipality.

In Nova Scotia, three municipalities are designated as "regional municipalities".[8] A regional municipality is a single municipal government covering an entire historical county including all formerly incorporated towns and cities within the county.[citation needed] Within the three regional municipalities, designations such as "city" and "town" exist only as informal signifiers for historically chartered towns and cities that used to exist prior to the establishment of the regional municipality.[citation needed]

Local municipalities[edit]

In Canada the types of municipal government vary between provinces, although they all perform the same functions. The general hierarchy was established in 1849 with the passing of the Municipal Corporations Act. The largest municipalities are usually called cities, and their governments city councils. Smaller governments are commonly called towns, villages, parishes, rural municipalities, townships or hamlets. Some may also be directly designated as municipalities rather than as a particular type of municipality, but this term is still considered inclusive of all local governments regardless of their status.

The term "borough" was previously used in Metropolitan Toronto, Ontario, to denote suburban municipalities. The Borough of East York was the last municipality to hold this status, relinquishing it upon becoming part of the City of Toronto on January 1, 1998.

In Quebec, there is no legal distinction between cities and towns – although an informal and subjective distinction may be observed by English speakers, legally all "cities" and "towns" in Quebec have the same status of ville.

Sublocal divisions[edit]

In Quebec, the term borough is generally used as the English translation of arrondissement, referring to an administrative division of a municipality. Only eight municipalities in Quebec are divided into boroughs. (See List of boroughs in Quebec.)

Unincorporated areas[edit]

Some areas in Canada are unincorporated, meaning that they do not have a municipal government at all. Any government services in an unincorporated area are provided either by a local agency, such as a local services board or local service district, or by the province itself.[4]

Powers and functions[edit]

While many municipal governments have different functions to others (urban vs. rural, etc.), and vary from province to province, most of the services and functions they perform are effectively the same. Functions of municipal governments can include:

Structure and funding[edit]

Municipal government funding sources, 2005

Most local governments are formed by a charter or act granted by the province or territory. Local governments are not mentioned in the Canadian Constitution other than to say they are the responsibility of the provinces. Consequently, municipalities can be created, amalgamated, or disbanded at the whim of the provincial government which controls them. They are also limited in the amount of interaction they have with the federal government because this would infringe upon an area of provincial jurisdiction. The federal government does fund quite a few projects in many cities, like major transit and roads. These funds come from a variety of federal programs like P3 Canada,[12] where a private company/consortia does a percentage of a project, construction, operations, maintenance, financing and designing, the Building Canada Fund,[13] where major projects can receive federal funds for a project. Unlike many US projects and cities, most projects only get approximately a quarter of their funds from the federal government, and they are not obligated[14] to have a certain amount of the work done by Canadians or Canadian companies.

Since each province is responsible for creating local governments in its own territory, the names, functions, and powers of local bodies vary widely across the country. Local governments generally have limited powers, namely creating local by-laws and taxation (property tax).

Typically, a municipal government is made up of one mayor (occasionally reeve or warden) and a set number of councillors (occasionally alderman). There are usually 10−20 councillors in one council, however an exception to this is Montreal, with over 50 councillors. The councillors may represent districts called wards.[6][15]

In Canada, 83% of the municipal government revenue is raised through their own sources, and legally their accounts cannot go into deficit, safeguarding the provinces from unintentionally guaranteeing their municipal governments' debts. The majority of funding for Canadian municipal governments comes from property taxes. Additional funding sources include the sales of goods and services, fines and tax transfers from the provincial government.[16]

Elections[edit]

Due to the control that the provinces have over their municipal governments, terms that councillors serve vary from province to province. Unlike most provincial elections, municipal elections are usually held on a fixed date.

Dates of elections by province and territory[edit]

Province or TerritoryOccurrenceDateLastCurrentNextRelated
Albertaexcluding Lloydminster4 years (3 years prior to 2013)3rd Monday in October201020132017
British Columbia3 years3rd Saturday in November200820112014
Manitoba4 years4th Wednesday in October200620102014
New Brunswick4 years2nd Monday in May200820122016
Newfoundland and Labrador4 yearslast Tuesday in September200920132017
Northwest Territoriestaxed communities3 years3rd Monday in October200920122015
hamlets2 years2nd Monday in December201020122014
Nova Scotia4 years3rd Saturday in October200820122016
NunavutIqaluit3 years3rd Monday in October200920122015
hamlets1 year1st Monday in December201220132014
Ontario4 years (3 years prior to 2006)4th Monday in October (since 2010)200620102014Details
Prince Edward Islandcities, Cornwall, & Stratford4 years1st Monday in November200620102014
excluding above3 years1st Monday in November200920122015
Quebec4 years1st Sunday in November200920132017
Saskatchewanurban municipalities4 years (3 years prior to 2012)4th Wednesday in October200920122016
odd-numbered rural municipalities2 years1st Wednesday in November201020122014
even-numbered rural municipalities2 years1st Wednesday in November201120132015
Yukon3 years3rd Thursday in October200920122015

See also[edit]

References[edit]

  1. ^ "Municipal Government Act". Office of the Legislative Counsel, Nova Scotia House of Assembly,Crown in right of Nova Scotia. Created . February 28, 2008. Retrieved 2009-08-22. 
  2. ^ "Municipal government". The Canadian Encyclopedia > Government > Government, General > Municipal Government. Historica Foundation of Canada. 2009. Retrieved 2009-08-22. 
  3. ^ The Constitution Act, 1867 (U.K). Canadian Legal Information Institute. Retrieved May 24, 2009.
  4. ^ a b c Chapter 7 : Special report: local government in Canada. Government of Australia. Retrieved May 24, 2009.
  5. ^ http://laws-lois.justice.gc.ca/eng/const/page-4.html#docCont
  6. ^ a b c d e Canadian municipal history - Andrew Sancton, Professor, University of Western Ontario. Retrieved May 23, 2009.
  7. ^ Municipal government within New Brunswick. Oultwood.com. Retrieved May 23, 2009.
  8. ^ "Service Nova Scotia - Municipal Services". Province of Nova Scotia. Retrieved 2011-09-29. 
  9. ^ Canada offers its people an array of local governments, Nick Swift. Retrieved May 24, 2009.
  10. ^ Local Government: The Canadian Encyclopedia. Retrieved May 24, 2009.
  11. ^ Local Government in Canada: MapleLeafWeb. Retrieved May 24, 2009.
  12. ^ http://www.p3canada.ca/
  13. ^ http://www.infrastructure.gc.ca/prog/bcf-fcc-eng.html
  14. ^ http://en.wikipedia.org/wiki/Buy_American_Act
  15. ^ Regional Municipality of Wood Buffalo. Example of council structure. Retrieved May 24, 2009.
  16. ^ Local general government revenue and expenditures, by province and territory. Statistics Canada. Retrieved May 24, 2009.

External links[edit]