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Citizens
for Local Democracy
Principles governing municipal/provincial
financial relationships
At a time when the province is proposing to alter radically its
financial relationships with municipalities and particularly to
download financial responsibilities, it is important to set out
the principles which have governed these relationships. In past
decades, provincial governments have generally recognized the separate
nature of local government and have not acted unilaterally in the
field of financial relationships, but have attempted to reach amicable
agreement.
The principles governing these relationships have not previously
been set down, but have proceeded according to unwritten assumptions
which we believe are fairly summarized below, followed by a brief
commentary.
Preamble
Municipalities are the first order of government within the Canadian
political system, and exist to provide residents control over a
wide range of local matters as well as being entrusted to discharge
other duties. The following statements describe the principles that
have generally established the terms of the municipal/provincial
financial relationships:
Section 92(8) of the British North America states that the Legislature
may `exclusively make laws in relation to.... municipal institutions',
but nothing in the constitution gives a province the power to abolish
municipalities or local governments against the will of those served
by those governments, or impose new responsibilities without their
consent. Nothing in the constitution says that municipalities are
a 'creature' of the provincial government to be reshaped according
to the whim of provincial politicians. The Ontario government does
not have the moral
authority or legal power to force municipalities to assume responsibility
for new program areas. For instance, nothing in the Canadian constitution
permits the province to require municipalities to assume costs for
universal program areas which are broadly social in nature.
1. Municipal governments are elected by and accountable to their
local citizens for the expenditure of locally generated tax revenues.
Accordingly, changes to what services are funded by locally generated
tax revenues require the agreement of municipal councils.
For instance, if the Ontario provincial government wishes to re-organize
how the costs of income redistribution programs are paid, it must
first get the agreement of municipalities to these changes. The
provincial government has no right to impose unilaterally new program
expenditures on an unwilling partner.
2. Property tax revenue is the major source of municipal revenue,
and must remain in the control of municipalities. Property tax revenue
may not be used as a revenue source by the provincial government.
The proposals for changing education financing entirely violates
this principle by assuming that the province will use property tax
revenue from non-residential properties to pay for the costs of
a provincially controlled education system.
3. In general, universal programs addressing problems of health
care and income distribution should be funded by sources of taxation
that are progressive and based on ability to pay, such as income
and corporate taxes, and should be spread across as broad a population
base as possible.
Some people believe there is a small degree of progressiveness
in property taxes - more expensive properties pay more taxes in
a system based on market values - but most people recognize that
at best, property taxes are not very progressive, and are inappropriate
for supporting universal social programs. Further, the costs of
such
programs are counter-cyclical, and are highest when a community's
ability to pay is the lowest - which is why such costs should be
spread as widely as possible. It is unacceptable to burden families
and individuals with fixed incomes (such as senior citizens) with
heavy social costs which will force them to sell their homes.
4. The development of proposals to significantly change the municipal/provincial
financial relationship should begin with the establishment of a
process involving a wide range of interests led by locally elected
representatives chosen by councils and municipal organizations,
and representatives of service agencies and other interested groups
and persons. The process should start with a full and independent
study of problems, opportunities, alternatives and impacts.
The changes being proposed by the Ontario provincial government
are without any foundation - there is not a single report the government
can point to which reviews problems, opportunities, alternatives
or impacts. Not one single report. As a result, there can be no
intelligent discussion.
5. The study and any proposals to significantly change the municipal/provincial
financial relationship should be publicized and made widely available
to all affected municipalities and their citizens. A meaningful
public consultation process should provide full opportunities for
a full discussion by citizens, permit the securing of other information
if needed, and encourage citizen input.
To begin discussing how the proposed downloading relationship
will be changed, the Ontario government has refused to provide any
comprehensive report on its proposals. It has then carefully hand-picked
a few elected councillors and friends who agree with its drift and
direction, people do not represent the vast number of
municipal councils, social agencies, community leaders, and others
interested in this issue. They are unable to hold a legitimate and
informed discussion about what a new relationship might be.
6. In discussing changes to municipal/provincial financial relationships,
care must be taken to protect public assets and the contractual
interests of third parties.
Some social programs contractually involve third parties - non-profit
housing companies, for instance, have contractual relationships
for the management and provision of social housing. Many employees
have contractual arrangements securing terms of employment. Changes
affecting these contractual obligations should only be made with
the consent of such third parties.
Changes might also imply the disposal of public assets such as
sewage and water facilities. Protections must be built into discussions
to ensure the public interest is protected.
March 20, 1997.
Citizens for Local Democracy
c/o Suite 304, 50 Baldwin Street
Toronto M5T 1L4
FAX: 416 348 0438
Hot Line 977 8736
(CX5301)
Subject Headings
Municipal Affairs Municipal Finance Municipal Government Municipal-Provincial Relations Toronto/City Politics Toronto/Resistance to Megacity Urban Affairs
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