Municipal government in Canada

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] Municipal governments are established under provincial/territorial authority.[5]

History

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 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.[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

Municipal governments are 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

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. 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.

Local municipalities

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

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

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

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:

  • Management of the local policing and firefighting stations. Whilst this comes under the jurisdiction of the provincial government in some areas, it is not uncommon to see municipal police and fire stations.
  • Transportation. Whilst municipal governments may not be responsible for large highways, small roads and tracks usually come under their control. Additionally, municipal governments may operate bus and train services.
  • Education management or funding school boards. In many municipalities, the school board is voted in directly by the people and funded by the municipal government itself from the taxes it collects.
  • Planning and development. In order to build an extension on to a house, for example, a municipal government permit or certificate of approval may be required. They are also responsible for administering industrial, residential and commercial zones.
  • Finance and collecting municipality taxes. Most municipalities (with the exception of some rural ones) have the power to collect taxes in order to provide the services mentioned in this list. Almost 10% of the national GDP is spent on municipal government services,[9] and when the government is not funded by the provincial government, taxes need to be imposed.
  • Public utilities and other services. Usually parks are taken care of by the municipal government and occasionally sewerage, water, etc.
  • In Quebec, Ontario and Alberta the range of local government services is broadened to include electricity, telephone and gas services.[4][10][11]

Structure and funding

MunicipalGovernmentFunding
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

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

Province or Territory Occurrence Date Last Current Next Related
Alberta excluding Lloydminster 4 years (3 years prior to 2013) 3rd Monday in October 2013 2017 2021
British Columbia 4 years (3 years prior to 2014) 3rd Saturday in October (beginning 2018) 2014 2018 2022
Manitoba 4 years 4th Wednesday in October 2010 2014 2018
New Brunswick 4 years 2nd Monday in May 2012 2016 2020
Newfoundland and Labrador 4 years last Tuesday in September 2009 2013 2017
Northwest Territories taxed communities 3 years 3rd Monday in October 2015 2018 2021
hamlets 2 years 2nd Monday in December 2014 2016 2018
Nova Scotia 4 years 3rd Saturday in October 2012 2016 2020
Nunavut Iqaluit 4 years 3rd Monday in October 2015 2019 2023
hamlets 1 year 1st Monday in December 2015 2016 2017
Ontario 4 years (3 years prior to 2006) 4th Monday in October (since 2010) 2014 2018 2022 Details
Prince Edward Island 4 years 1st Monday in November 2014 2018 2022
Quebec 4 years 1st Sunday in November 2013 2017 2021
Saskatchewan urban municipalities
including Alberta portion of Lloydminster
4 years (3 years prior to 2012) 4th Wednesday in October 2012 2016 2020
odd-numbered rural municipalities 4 years (2 years prior to 2015)[17] 4th Wednesday in October 2012 2014 2016
even-numbered rural municipalities 4 years (2 years prior to 2015)[18] 4th Wednesday in October 2013 2015 2018
Yukon 3 years 3rd Thursday in October 2015 2018 2021

See also

References

  1. ^ "Municipal Government Act". Office of the Legislative Counsel, Nova Scotia House of Assembly,Crown in right of Nova S,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 Archived 2008-09-08 at the Wayback Machine. Government of Australia. Retrieved May 24, 2009.
  5. ^ Branch, Legislative Services. "Consolidated federal laws of canada, Access to Information Act". laws-lois.justice.gc.ca.
  6. ^ a b c d e Canadian municipal history - Andrew Sancton, Professor, University of Western Ontario.
  7. ^ Municipal government within New Brunswick. Oultwood.com. Retrieved May 23, 2009.
  8. ^ "Service Nova Scotia - Municipal Services". Province of Nova Scotia. Archived from the original on 2011-05-14. 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. ^ "PPP Canada". www.p3canada.ca.
  13. ^ Canada, Government of Canada, Infrastructure. "Infrastructure Canada - Building Canada Fund". www.infrastructure.gc.ca.
  14. ^ 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.
  17. ^ http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L30-11.pdf
  18. ^ http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/L30-11.pdf

External links

Administrative divisions of Canada

Canada is divided into ten provinces and three territories.

Each province has a different system of local government which may include upper-tier or rural jurisdictions such as counties, municipal districts, regional municipalities, regional districts or regional county municipalities. These divisions are then divided into lower-tier or urban jurisdictions such as cities, towns, villages, townships, and parishes. Cities in Quebec are further subdivided into arrondissements (similar to boroughs), while outside of Quebec cities are divided into wards.

Statistics Canada aggregates statistical census data into census divisions, which follow boundaries of one or more large local government units. Municipalities (and in some cases, communities within municipalities) within census divisions may be considered census subdivisions.

Council–manager government

The council–manager government form is one of two predominant forms of local government in the United States and Ireland, the other being the mayor–council government form. Council–manager government form also is used in county governments in the United States. The council–manager form also is used for municipal government in Canada and in Ireland, among many other countries, both for city councils and county councils.

List of mayors in Alberta

This is a list of chief elected officials of municipalities in Alberta. The province's most recent municipal elections were held on October 16, 2017.

Each chief elected official (CEO) holds the title of mayor unless otherwise noted. An asterisk indicates the CEO's title is reeve, while a title in parentheses indicates the CEO's title is neither mayor nor reeve.

Municipal elections in Canada

Municipal elections in Canada fall within the jurisdiction of the various provinces and territories, who usually hold their municipal elections on the same date every two, three or four years, depending on the location.

Each province has its own nomenclature for municipalities and some have local elections for unincorporated areas which are not technically municipalities. These entities can be called cities, towns, villages, townships, hamlets, parishes and, simply, municipalities, county municipalities, regional county municipalities, municipal districts, regional districts, counties, regional municipalities, specialized municipalities, district municipalities or rural municipalities. Many of these may be used by Statistics Canada as the basis for census divisions or census subdivisions.

Municipal elections usually elect a mayor and city council and often also a school board. Some locations may also elect other bodies, such as Vancouver, which elects its own parks board. Some municipalities will also hold referenda or ballot initiatives at the same time, usually relating to spending projects or tax changes.

Elections for city councils are held through either a ward system or an at-large system, depending on the location. Vancouver is the largest city in Canada to use the at-large system, while most other large cities use wards.

Most councils are non-partisan and elect only independents. However, some municipalities have locally based political parties or election slates. These include Montreal, Quebec City and Longueuil in Quebec and Vancouver, Victoria, Surrey and Richmond in British Columbia. These local parties are rarely affiliated with any provincial or federal parties.

Voting may be done with paper ballots that are hand-counted, or by various forms of electronic voting.

Resort municipality

A resort municipality is a type of municipal status in the Canadian provinces of British Columbia and Prince Edward Island. British Columbia also has a related municipal status type of mountain resort municipality.The lone resort municipality in British Columbia is Whistler, which was created by the Resort Municipality of Whistler Act. In Prince Edward Island, the Resort Municipality of Stanley Bridge, Hope River, Bayview, Cavendish and North Rustico was established as a resort municipality in 1990. The Government of Prince Edward Island's Municipal Government Act prevents the incorporation of any new resort municipalities.

Rural municipality

A rural municipality, often abbreviated RM, is a type of municipal status in the Canadian provinces of Manitoba, Saskatchewan, and Prince Edward Island. In other provinces, such as Alberta and Nova Scotia, the term refers to municipal districts that are not explicitly urban, rather than being a distinct type of municipality.

Samuel Harrison

Samuel Bealey Harrison (March 4, 1802 – July 23, 1867) was Joint Premier of the Province of Canada for Canada East from 1841 to 1842 with William Henry Draper PM for Canada West. Draper was a member of the Family Compact and Harrison was a moderate Reformer, the predecessor of the Liberal Party of Canada.

Born in Manchester England to John and Mary Harrison, Harrison was a lawyer, miller, politician, and judge. He was called to the bar in 1832 and entered practice in London. Because of ill health, he retired to Upper Canada near Oakville in 1837, intending to become a gentleman farmer. He also built a sawmill and gristmill on his property. In 1839, he was called to the bar in Upper Canada and was appointed a justice of the peace in the following year.

In 1841, Lord Sydenham appointed him provincial secretary for Canada West in the Executive Council of the Province of Canada. He was elected to the Legislative Assembly of the Province of Canada in Kingston and served as government leader with William Henry Draper. In 1842, he was appointed to the Board of Works which was responsible for the building and improvement of canals within the province. Harrison was responsible for drafting and introducing the Common Schools Bill and the District Councils Bill which established elected municipal government in Canada West. Harrison introduced amendments which watered down Robert Baldwin's resolutions calling for responsible government to make them acceptable to Sydenham. However, it was Harrison who recommended to Sydenham's successor, Sir Charles Bagot, that Baldwin and Louis-Hippolyte Lafontaine be invited to form the next government. Harrison served as provincial secretary in the new administration but resigned in 1843 to protest the movement of the capital from Kingston to Montreal. He was elected again to the assembly in Kent in 1844 but resigned in 1845 to accept an appointment as judge of the Surrogate Court for the Home District. He served in that position for 22 years, continuing in the court for York County after the district was abolished. He was named to the Board of Education for Canada West and also served in the Senate for the University of Toronto.

Harrison died in Toronto shortly after Confederation.

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