Local government in Canada
Local government in Canada can be defined as all elected local authorities which are legally empowered to make decisions on behalf of its electors, excluding the federal government, provincial and territorial governments, and First Nations, Métis and Inuit governments. This can include municipalities, school boards, health authorities, and so on.[1][2]
The most prominent form of local government in Canada is municipal government, which is a local council authority which provides local services, facilities, safety and infrastructure for communities.[3][4] Municipal governments are local general-purpose authorities which provide services to all residents within a defined geographic area called a municipality.
Canada has three orders of government, federal, provincial/territorial and Indigenous. Municipalities are subordinate (delegated) governance entities existing at the pleasure of provinces and territories. 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."[5] Local governments are therefore frequently referred to as "creatures of the provinces". There were about 3,700 municipal governments in Canada c. 2002.
Municipal government[edit]
In Canada, municipal government is a type of local council authority that provides local services, facilities, safety and infrastructure for communities.[7][8] Canada has three orders 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."[5] There are about 3,700 municipal governments in Canada.[6] Municipal governments are established under provincial/territorial authority.[9]
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:
History[edit]
Like many Canadian political institutions, the 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 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 British 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.[18]
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.[18]
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.[18]
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.[18]