POLI 352 Lecture Notes - Lecture 2: Multi-Level Governance, Externality, Metrolinx
15 Jun 2018
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POLI352
Reading Notes Chapter 3 & 4
Chapter 3 – central governments and local governments
Local goverets are part of Caada’s ulti-level system of government
Constitutional role of federal and provincial governments
The term municipal is mentioned two times in section 92 of the constitution act of 1867.
Over the years ay politicias, coetators…, have classified uicipalities as creatures of the
provices
In many municipalities the federal presence is crucial to the local economy.
In recent years, municipalities have been especially active in seeking new funds from the federal
government, an objective that is perfectly constitutional because the federal government faces
restrictions on its ability to spend
Provincial statues relating to Local government
Provinces do not have their own written constitutions
Every province has at least one general law, that establishes the basic rules for municipal governments,
also known as municipal acts.
Municipalities can do nothing without some kind of authorization by a provincial law.
Private statutes are enacted by provincial legislatures only on the application of an individual, a
municipality, or a corporation; they relate only to the particular interests of the applicant.
Municipalities often request private statutes so that they can solve some particular some local problems
for which there is no legal remedy
Provincial ministries and ministers
Each province has a cabinet minister designated to look after the municipal system within the province.
These ministers are all responsible for ensuring that legislation is in place and implemented so that
municipalities can do their jobs effectively, efficiently, and democratically.
Provincial law establishes municipalities as institutions that are separate from the provincial
government.
All provincial ministers must deal with the municipalities in one way or another.
Administrative Tribunals
Many provincial statutes, especially those concerned with land-use planning, either require that certain
municipal decisions be approved at the provincial level before they come into effect or provide
opportunities for aggrieved local citizens to appeal such decisions to the provincial government.
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