municipal election lesson 2 - levels of government in canada

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Big Idea: Informed participation in local government both stimulates and upholds the principles of democracy. Essential Question: What are the characteristics of an informed Canadian citizen participating in a municipal election or school board election? Government Across Canada: Providing Guidance, Boundaries & Structure to Canadians Canadian federalism provides “a general government and legislature for general purposes with local governments and legislatures for local purposes” that is constitutionally responsible to Canadians. Hook 5-10 min. Examine the list of recent elections in Canada. (Handout 2.1) Using this information, hypothesize why there are different levels of government and why there are so many elections. Do you think that this is an ideal arrangement for Canadians? Essential Learning 40-50 min. 1. Three levels of government have been established to order Canadian society: federal, provincial/territorial, and municipal. Using Handout 2.2, identify the leaders of each level of government for your community as well as the location where each government is located. Consider conducting a webquest or using an encyclopedia to find the required information. 2. Sir John A. Macdonald, Canada’s first Prime Minister, stated that federalism provided “a general government and legislature for general purposes with local governments and legislatures for local purposes.” Using Handouts 2.3 to 12, determine the level of government and department associated with the listed responsibilities. 3. Illustrate how government regulation impacts nearly every aspect of Canadians’ lives by tracking your activities over the course of one day and relating these activities to a federal, provincial, or municipal government responsibility. Share your findings. ex. 7:00 am Eat breakfast Agriculture (Federal) 7:30 am Shower & brush teeth Water & Sewer (Municipal) 8:00 am Go to School Education (Provincial/Territorial) 4. From this set of activities, review what you have discussed and learned about the reasons for and functions of different levels of government in Canada. Extended Learning 10-20 min. Option A: Imagine that you are the leader of a local citizens’ organization desiring to erect a monument in your community that commemorates either a) farming in Canada; b) fishing in Canada; c) environmentalism in Canada; or d) Canadians growing up in the

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This is lesson two of seven about municipal elections that I developed and proposed for Student Vote. This lesson familiarizes students with the different structure and responsibilities of the three levels of government in Canada. Please refer to Municipal Election Lessons Additional Resources for references and supporting information.

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Page 1: Municipal Election Lesson 2 - Levels of Government in Canada

Big Idea:Informed participation in local government both stimulates and upholds the principles of democracy.

Essential Question: What are the characteristics of an informed Canadian citizen participating in a municipal election or school board election?

Government Across Canada: Providing Guidance, Boundaries & Structure to CanadiansCanadian federalism provides “a general government and legislature for general purposes with local governments and legislatures for local purposes” that is constitutionally responsible to Canadians.

Hook 5-10 min. Examine the list of recent elections in Canada. (Handout 2.1) Using this information, hypothesize why there are different levels of government and why there are so many elections. Do you think that this is an ideal arrangement for Canadians?

Essential Learning 40-50 min.1. Three levels of government have been established to order Canadian society: federal,

provincial/territorial, and municipal. Using Handout 2.2, identify the leaders of each level of government for your community as well as the location where each government is located. Consider conducting a webquest or using an encyclopedia to find the required information.

2. Sir John A. Macdonald, Canada’s first Prime Minister, stated that federalism provided “a general government and legislature for general purposes with local governments and legislatures for local purposes.” Using Handouts 2.3 to 12, determine the level of government and department associated with the listed responsibilities.

3. Illustrate how government regulation impacts nearly every aspect of Canadians’ lives by tracking your activities over the course of one day and relating these activities to a federal, provincial, or municipal government responsibility. Share your findings. ex. 7:00 am Eat breakfast Agriculture (Federal)

7:30 am Shower & brush teeth Water & Sewer (Municipal)8:00 am Go to School Education (Provincial/Territorial)

4. From this set of activities, review what you have discussed and learned about the reasons for and functions of different levels of government in Canada.

Extended Learning 10-20 min.Option A:Imagine that you are the leader of a local citizens’ organization desiring to erect a monument in your community that commemorates either a) farming in Canada; b) fishing in Canada; c) environmentalism in Canada; or d) Canadians growing up in the 1950s. The support of all three levels of government will be required to build the monument your organization has in mind. After choosing what you are hoping to commemorate with your monument, identify the government departments that you would need to contact and a) write brief letters to each department explaining what you are trying to accomplish and why the department in question should put money towards your project; or b) write brief letters of recognition that thank the government departments for their support and involvement. Consider presenting your correspondence aloud.

Page 2: Municipal Election Lesson 2 - Levels of Government in Canada

Option B: Collect news articles that demonstrate interaction between different levels of government. For each article, briefly summarize why more than one government is involved in providing a service to the public.

Option C: Select an area of responsibility that interests you from each of the three levels of government. Use information from the corresponding government website to discover each department’s mandate as well as the principal activities of each government department. Share your findings with the rest of the class. Consider using Handout 2.15 to organize your findings.

Option D: Imagine that you are considering running for public office. Consider and compare the advantages that each level of government offers (power to shape society or community, ability to make people happy, personal interest in responsibilities, celebrity status, etc) in order to justify the level of government to which you would prefer to be elected.

Key TermsCabinet; Cabinet Minister; councillor; department; effective; federalism; government; House of Commons; Leader of the Opposition; Legislative Assembly; Member of Legislative Assembly; Member of National Assembly; Member of Parliament; Member of Provincial Parliament; Minister of the Crown; ministry; municipal council; municipality; National Assembly; Premier; Prime Minister; Provincial Parliament; reeve; relevant; representative; Senate; Senator

Essential Questions How do the purposes of separate levels of government differ? How is the Canadian citizen connected to each of the separate levels of government? How is the Canadian citizen represented by each of the separate levels of government?

Teacher Preparation Select teaching strategies for essential learning activitiesMake class copies of required handoutsBook computer lab, if desiredPreview websites to be used for class activities, if desired (see chapter on Additional Resources)Select extended learning activity and teaching strategies, if desiredHave selection of newspapers available to students, if desired

AssessmentStudents should provide evidence that they have the ability to differentiate between the different levels of government in Canada and that that they are able to apply their knowledge of the separation of government powers.

Page 3: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.1: List of General Elections in Canada Since 2004

Year of Election Location of Election Level of Government2010 Alberta Municipal2010 Manitoba Municipal2010 Ontario Municipal2010 Prince Edward Island Municipal (cities only)2010 Saskatchewan Municipal (some rural areas only)2009 British Columbia Provincial2009 Newfoundland Municipal2009 Northwest Territories Municipal (taxed communities) 2009 Nova Scotia Provincial2009 Nunavut Municipal2009 Prince Edward Island Municipal (towns and rural only)2009 Quebec Municipal2009 Saskatchewan Municipal (urban municipalities only)2009 Saskatchewan Municipal (some rural areas only)2009 Yukon Municipal 2008 Canada Federal2008 Alberta Provincial2008 British Columbia Municipal2008 New Brunswick Municipal2008 Northwest Territories Municipal (hamlets) 2008 Nova Scotia Municipal2008 Nunavut Territory2008 Quebec Provincial2008 Saskatchewan Municipal (some rural areas only)2007 Alberta Municipal2007 Manitoba Provincial2007 Newfoundland Provincial2007 Northwest Territories Territory2007 Ontario Provincial2007 Prince Edward Island Provincial2007 Quebec Provincial2007 Saskatchewan Provincial2007 Saskatchewan Municipal (some rural areas only)2006 Canada Federal2006 New Brunswick Provincial2006 Manitoba Municipal2006 Northwest Territories Municipal (taxed communities) 2006 Nova Scotia Provincial 2006 Ontario Municipal2006 Prince Edward Island Municipal (cities only)2006 Prince Edward Island Municipal (towns and rural only)2006 Saskatchewan Municipal (urban municipalities only)2006 Saskatchewan Municipal (some rural areas only)2006 Yukon Territory2006 Yukon Municipal 2005 British Columbia Provincial2005 British Columbia Municipal2005 Newfoundland Municipal2005 Quebec Municipal2004 Canada Federal2004 Alberta Provincial 2004 Alberta Municipal2004 New Brunswick Municipal2004 Northwest Territories Municipal (hamlets) 2004 Nunavut Territory

Page 4: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.2: Investigating Government Complete this table using the resources provided by your teacher.

MunicipalGovernment

Provincial/Territory Government

Federal Government

Where does this level of government meet?

What is the name of the building and in what city is it located?

What is the official title of the leader of this level of government?

What is the name of the politician who currently holds this office?

What is the official name of the elected members at this level of government?

What is the name of the politician who currently represents the area where you live?What is the name of the geographical area that each elected member represents?

What is the name of the electoral area where live?

What are two responsibilities of this level of government?

Page 5: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.3: Government Responsibilities Correctly assign government responsibilities to the appropriate level of government by using the resources provided by your teacher. Responsibilities appearing more than once in the list below indicate that two or more levels of government share the responsibility.

Federal Provincial Municipal

Page 6: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.4: Who’s Responsibility Is It? Correctly assign each description of a government responsibility to the appropriate level of government and government department by using the resources provided by your teacher.

Description Level Department

Administers the health care system and provides health services to the public

Promotes clean and safe air, land, and water use to ensure healthy communities, sustainable development, and the preservation of nature for future generations of Ontarians

Works towards a more peaceful and secure world, and promotes out culture and values internationally

Administers the system of funded elementary and secondary school education

Maintains public libraries

Plants, repairs, prunes, and removes trees in parks and open spaces

Develops renewable sources of energy and cleaner forms of fuel, fosters a culture of conservation, and protects our environment

Specializes in the sustainable use and development of natural spaces, minerals, metals, forests, and bodies of water

Encourages healthy growth and development of children, supports children with exceptional needs, and protects children from abuse

Admits immigrants, visitors, foreign students, and temporary workers who will enhance the country’s social and economic growth

Meets the government’s constitutional, treaty, political, and legal obligations to First Nations, Inuit, and northern communities

Implements garbage pick-up and recycling programs

Sets, communicates, and enforces workplace standards, and encourages greater workplace self-reliance

Preserves and modernizes Canada’s healthcare system, and communicates health promotion and disease prevention information

Page 7: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.5: Government Responsibilities A list of federal, provincial, and municipal government responsibilities based upon current legislation and Cabinet positions for the federal and Ontario governments.

Federal Provincial MunicipalAgriculture and Agri-Food

Attorney General of Canada

Canadian Heritage and Official Languages

Citizenship, Immigration, and Multiculturalism

Environment

Finance

Fisheries and Oceans

La Francophonie

Foreign Affairs

Health

Human Resources and Skills Development

Indian Affairs and Northern Development

Industry

Intergovernmental Affairs

International Cooperation

International Trade

Justice

Labour

National Defence

National Revenue

Natural Resources

Public Safety

Public Works and Government Services

Transport, Infrastructure, and Communities

Treasury Board

Veterans Affairs

Aboriginal Affairs

Agriculture, Food, and Rural Affairs

Attorney General

Children and Youth Services

Citizenship and Immigration

Community and Social Services

Community Safety and Correctional Services

Consumer Services

Culture

Economic Development And Trade

Education

Energy

Environment

Finance

Francophone Affairs

Government Services

Health and Long-Term Care

Health Promotion and Sport

Infrastructure

Intergovernmental Affairs

Labour

Municipal Affairs and Housing

Natural Resources

Northern Development, Mines, and Forestry

Research and Innovation

Revenue

Tourism

Training, Colleges, and Universities

Transportation

Arts and Community

Building and Health Inspection

By-Laws

Environment

Human Resources

Libraries

Parks and Recreation

Planning and Zoning

Policing and Fire Protection

Solid Waste Management

Transportation and Infrastructure

Water And Sewer

Page 8: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.6: Alphabetical List of Federal, Provincial, and Municipal Responsibilities

Aboriginal AffairsAgriculture and Agri-FoodAgriculture, Food, and Rural AffairsArts and Community Attorney GeneralAttorney General of CanadaBuilding and Health InspectionBy-LawsCanadian Heritage and Official LanguagesChildren and Youth ServicesCitizenship and ImmigrationCitizenship, Immigration, and MulticulturalismCommunity and Social ServicesCommunity Safety and Correctional ServicesConsumer ServicesCultureEconomic Development And Trade EducationEnergyEnvironmentEnvironmentEnvironmentFinanceFinanceFisheries and OceansFrancophone AffairsLa FrancophonieForeign AffairsGovernment ServicesHealthHealth Promotion and SportHuman ResourcesHuman Resources and Skills Development

Indian Affairs and Northern DevelopmentIndustryInfrastructureIntergovernmental AffairsIntergovernmental AffairsInternational CooperationInternational TradeJusticeLabour LabourLibraries Health and Long-Term CareMunicipal Affairs and HousingNational Defence National RevenueNatural ResourcesNatural ResourcesNorthern Development, Mines, and ForestryParks and RecreationPlanning and ZoningPolicing and Fire ProtectionPublic SafetyPublic Works and Government ServicesResearch and InnovationRevenueSolid Waste ManagementTourismTraining, Colleges, and UniversitiesTransport, Infrastructure, and Communities Transportation Transportation and InfrastructureTreasury Board Veterans AffairsWater And Sewer

Page 9: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.7: Legislative Powers of Parliament of Canada From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Powers of the ParliamentLegislative Authority of Parliament of Canada91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, —

1. Repealed.1A. The Public Debt and Property.2. The Regulation of Trade and Commerce.2A. Unemployment insurance.3. The raising of Money by any Mode or System of Taxation.4. The borrowing of Money on the Public Credit.5. Postal Service.6. The Census and Statistics.7. Militia, Military and Naval Service, and Defence.8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada.9. Beacons, Buoys, Lighthouses, and Sable Island.10. Navigation and Shipping.11. Quarantine and the Establishment and Maintenance of Marine Hospitals.12. Sea Coast and Inland Fisheries.13. Ferries between a Province and any British or Foreign Country or between Two Provinces.14. Currency and Coinage.15. Banking, Incorporation of Banks, and the Issue of Paper Money.16. Savings Banks.17. Weights and Measures.18. Bills of Exchange and Promissory Notes.19. Interest.20. Legal Tender.21. Bankruptcy and Insolvency.22. Patents of Invention and Discovery.23. Copyrights.24. Indians, and Lands reserved for the Indians.25. Naturalization and Aliens.26. Marriage and Divorce.27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters.28. The Establishment, Maintenance, and Management of Penitentiaries.29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

Page 10: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.8: Legislative Powers of Provincial LegislaturesFrom “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Exclusive Powers of Provincial Legislatures92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, —

1. Repealed.2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.3. The borrowing of Money on the sole Credit of the Province.4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers.5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon.6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province.7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.8. Municipal Institutions in the Province.9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes.10. Local Works and Undertakings other than such as are of the following Classes:

(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:(b) Lines of Steam Ships between the Province and any British or Foreign Country:(c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.

11. The Incorporation of Companies with Provincial Objects.12. The Solemnization of Marriage in the Province.13. Property and Civil Rights in the Province.14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section.16. Generally all Matters of a merely local or private Nature in the Province.

Page 11: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.9: Legislative Powers of Provincial Legislatures (cont.) From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Non-Renewable Natural Resources, Forestry Resources and Electrical Energy92A.

(1) In each province, the legislature may exclusively make laws in relation to(a) exploration for non-renewable natural resources in the province;(b) development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and(c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy.

Export from provinces of resources(2) In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada.Authority of Parliament(3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict.Taxation of resources(4) In each province, the legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of

(a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and(b) sites and facilities in the province for the generation of electrical energy and the production therefrom,

whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province.Primary Production(5) The expression "primary production" has the meaning assigned by the Sixth Schedule.Existing powers or rights(6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of this section.

Page 12: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.10: Provisions Respecting Particular Legislative Domains From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

EducationLegislation Respecting Education93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:—

(1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union:(2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec:(3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education:(4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section.

Quebec93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec.

Uniformity of Laws in Ontario, Nova Scotia, and New BrunswickLegislation for Uniformity of Laws in Three Provinces94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof.

Old Age PensionsLegislation respecting old age pensions and supplementary benefits94A. The Parliament of Canada may make laws in relation to old age pensions and supplementary benefits, including survivors' and disability benefits irrespective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matter.

Agriculture and Immigration Concurrent Powers of Legislation respecting Agriculture, etc. 95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.

Page 13: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.11: Ontario Legislation Respecting General Municipal Powers (Single Tier) From “Municipal Act, 2001, Part II, General Municipal Powers.”

Scope of powers8.

(1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues. 2006, c. 32, Sched. A, s. 8.Ambiguity(2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force. 2006, c. 32, Sched. A, s. 8.Scope of by-law making power(3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may,

(a) regulate or prohibit respecting the matter;(b) require persons to do things respecting the matter;(c) provide for a system of licences respecting the matter. …

Broad authority, single-tier municipalities10.

(1) A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public. 2006, c. 32, Sched. A, s. 8.By-laws(2) A single-tier municipality may pass by-laws respecting the following matters:

1. Governance structure of the municipality and its local boards.2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.3. Financial management of the municipality and its local boards.4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.5. Economic, social and environmental well-being of the municipality.6. Health, safety and well-being of persons.7. Services and things that the municipality is authorized to provide under subsection (1).8. Protection of persons and property, including consumer protection.9. Animals.10. Structures, including fences and signs.11. Business licensing. 2006, c. 32, Sched. A, s. 8.

Page 14: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.12: Ontario Legislation Respecting General Municipal Powers (Multiple Tiers) From “Municipal Act, 2001, Part II, General Municipal Powers.”

Broad authority, lower-tier and upper-tier municipalities11.

(1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4). By-laws(2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters:

1. Governance structure of the municipality and its local boards.2. Accountability and transparency of the municipality and its operations and of its local boards and their operations.3. Financial management of the municipality and its local boards.4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.5. Economic, social and environmental well-being of the municipality.6. Health, safety and well-being of persons.7. Services and things that the municipality is authorized to provide under subsection (1).8. Protection of persons and property, including consumer protection.

By-laws re: matters within spheres of jurisdiction(3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:

1. Highways, including parking and traffic on highways.2. Transportation systems, other than highways.3. Waste management.4. Public utilities.5. Culture, parks, recreation and heritage.6. Drainage and flood control, except storm sewers.7. Structures, including fences and signs.8. Parking, except on highways.9. Animals.10. Economic development services.11. Business licensing.

Page 15: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.13: Historical Foundations of Government Responsibilities: Lord DurhamFrom Andrew Sancton, “Canadian Municipal History,” localgovernment.ca, Internet: http://www.localgovernment.ca/show_libary.cfm?id=56, accessed 22 August 2010.

The thinking behind the Municipal Corporations Act was transmitted to Canada by Lord Durham in his famous report that followed the rebellions of 1836-37. Although Durham made numerous comments about the virtues of a comprehensive system of local government, the most apt is probably this:“The establishment of a good system of municipal institutions throughout the Provinces is a matter of vital importance. A general legislature, which manages the private business of every parish, in addition to the common business of the country, wields a power which no single body, however popular in its constitution, ought to have; a power which must be destructive of any constitutional balance. The true principle of limiting popular power is that apportionment of it in many different depositories which has been adopted in all the most free and stable States of the Union. Instead of confiding the whole collection and distribution of all the revenues raised in any country for all general and local purposes to a single representative body, the power of local assessment, and the application of the funds arising from it, should be entrusted to local management. It is in vain to expect that this sacrifice of power will be voluntarily made by any representative body. The establishment of municipal institutions for the whole country should be made a part of every colonial constitution; and the prerogative of the Crown should be constantly interposed to check any encroachment on the functions of the local bodies, until the people should come alive, as most assuredly they almost immediately would be, to the necessity of protecting their local privileges.”

Page 16: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.14: Historical Foundations of Government Responsibilities: John. A MacdonaldFrom Canada Parliamentary debates on the subject of the confederation of the British North American provinces, 3rd session, 8th Provincial Parliament of Canada, (Quebec: Hunter, Rose & Co., Parliamentary Printers. 1865) pp. 29-45. Accessed from Library and Archives Canada, Internet: http://www.collectionscanada.gc.ca/confederation/023001-7148-e.html, 22 August 2010.

“...Now, as regards the comparative advantages of a Legislative and a Federal Union, I have never hesitated to state my own opinions. I have again and again stated in the House, that, if practicable, I thought a Legislative Union would be preferable. (Hear, hear.)

“I have always contended that if we could agree to have one government and one parliament, legislating for the whole of these peoples, it would be the best, the cheapest, the most vigorous, and the strongest system of government we could adopt. (Hear, hear.) But, on looking at the subject in the Conference, and discussing the matter as we did, most unreservedly, and with a desire to arrive at a satisfactory conclusion, we found that such a system was impracticable. In the first place, it would not meet the assent of the people of Lower Canada, because they felt that in their peculiar position -- being in a minority, with a different language, nationality and religion from the majority, -- in case of a junction with the other provinces, their institutions and their laws might be assailed, and their ancestral associations, on which they prided themselves, attacked and prejudiced; it was found that any proposition which involved the absorption of the individuality of Lower Canada -- if I may use the expression-- would not be received with favour by her people. We found too, that though their people speak the same language and enjoy the same system of law as the people of Upper Canada, a system founded on the common law of England, there was as great a disinclination on the part of the various Maritime Provinces to lose their individuality, as separate political organizations, as we observed in the case of Lower Canada herself. (Hear, hear). Therefore, we were forced to the conclusion that we must either abandon the idea of Union altogether, or devise a system of union in which the separate provincial organizations would be in some degree preserved…

“Ever since the union was formed the difficulty of what is called "State Rights" has existed, and this had much to do in bringing on the present unhappy war in the United States. They commenced, in fact, at the wrong end. They declared by their Constitution that each state was a sovereignty in itself, and that all the powers incident to a sovereignty belonged to each state, except those powers which, by the Constitution, were conferred upon the General Government and Congress. Here we have adopted a different system. We have strengthened the General Government. We have given the General Legislature all the great subjects of legislation. We have conferred on them, not only specifically and in detail, all the powers which are incident to sovereignty, but we have expressly declared that all subjects of general interest not distinctly and exclusively conferred upon the local governments and local legislatures, shall be conferred upon the General Government and Legislature. -- We have thus avoided that great source of weakness which has been the cause of the disruption of the United States. We have avoided all conflict of jurisdiction and authority, and if this Constitution is carried out,...we will have in fact, as I said before, all the advantages of a legislative union under one administration, with, at the same time, the guarantees for local institutions and for local laws, which are insisted upon by so many in the provinces now, I hope, to be united…”

Page 17: Municipal Election Lesson 2 - Levels of Government in Canada

Handout 2.15: Interesting Government Responsibilities Select an area of responsibility that interests you from each of the three levels of government. Use information from the corresponding government website to discover each department’s mandate as well as the principal activities of each government department. Government Responsibility Name of Ministry or Department Level of Government

Mandate / Mission

Principal Activities

Government Responsibility Name of Ministry or Department Level of Government

Mandate / Mission

Principal Activities

Government Responsibility Name of Ministry or Department Level of Government

Mandate / Mission

Principal Activities