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War-time Problems of Local Government

Published online by Cambridge University Press:  07 November 2014

C. A. Curtis  and
Carl H. Chatters
C. A. Curtis
Affiliation:
Queen's University
Carl H. Chatters
Affiliation:
Chicago
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Extract

This paper is an attempt to relate briefly the impact of the Canadian war organization on local governments in Canada; most of the experience and fact are derived from the Province of Ontario although they apply in large measure to the municipalities throughout Canada. In the course of the paper some criticisms will be made, not for the sake of being critical, but in the hope that they may influence coming developments.

In view of the confusion that seems to exist concerning the functions of municipal government, the division of constitutional powers in Canada is relevant and may be reviewed briefly. The British North America Act formally establishes only two divisions of government—the Dominion and the provinces. The provinces, under section 92, sub-section 8, are given exclusive power over “municipal institutions in the Province.” Certain other matters of local importance such as licences, charities, hospitals, and asylums, are also given to the provinces. These specific items along with the allocation generally of “all matters of a merely local or private nature” have been taken as indicating that the traditional social services in the first instance are a provincial responsibility although in fact they have been shared with the local government from the beginning. It is thus clear from the British North America Act that municipal institutions are under the province and are legally the creation of the province. Naturally, the experience has not been the same in all provinces and some have gone further than others in the development of local government. But one thing is clear: the provinces are familiar with the municipal governments which they have created; they have worked with them, they have argued with them, and they understand them. They appreciate that they are, to use the words of the sixteenth-century poet, “a proud and yet a wretched thing.”

Type
Articles
Information
Canadian Journal of Economics and Political Science/Revue canadienne de economiques et science politique , Volume 9 , Issue 3 , August 1943 , pp. 394 - 407
Copyright
Copyright © Canadian Political Science Association 1943

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References

1 In the legal and semi-legal aspects of this paper, I am indebted to my colleague, Professor J. A. Corry, for his assistance and guidance.

2 Statutes of Canada, 41 Vict., chap. 16.

3 Ibid., 2 Geo. VI, chap. 49.

4 See Sundquist, J. L., British Cities at War, a Report of the American Municipal Association, Public Administration Service no. 76 (Chicago, 1941).Google Scholar

5 Circulars and memoranda of the Ontario Civilian Defence Committee (Toronto, Parliament Buildings).

6 “Q. (Mr. Marshall) Who was responsible for the appointment of the directors Wartime Housing Limited?

A. (Mr. Sheils, Deputy Minister of Munitions and Supply) The minister of the department is rtsponsible for the appointment of the directors. The usual procedure is that the minister selects the president of the company and possibly some of the directors. The president then makes recommendations to the minister as to the other directors and if the minister approves he asks these gentlemen to serve on the board. The resignation of each of these directors is written out and signed immediately he is appointed and is placed in the hands of the minister. Any director can thus be removed and replaced at any time at the discretion of the minister” (Canada, House of Commons, Special Committee on War Expenditures, 1940-1, Minutes of Proceedings and Evidence, no. 5, 03 25, 1941, p. 100 Google Scholar).

7 Wartime Prices and Trade Board, Order no. 200, “Respecting Housing Accommodation in Congested Areas” (Canada Gazette, vol. LXXVI, no. 202, 11 4, 1942).Google Scholar

8 “Q. (Mr. Bradette) What is the connection between Wartime Housing Limited and the provincial governments? I mention that because they are going to enter into communication with the different municipalities where these houses will be erected and it follows that you must of necessity deal with some of the regulations of the provincial government. Will there be any of the directors of that company acting in liaison between the provincial authorities and the federal department? You certainly will have conflict in some sections between provincial regulations and what your housing company does. What provision has been made to meet that point?

A. (Mr. Sheils) I mentioned a moment ago that Wartime Housing Limited has available to it the staff and services and all the information in the possession of the Dominion Housing Administration. I am told that the Dominion Housing Administration has a wealth of data regarding the regulations of the various provinces and I could not conceive of the officers of Wartime Housing Limited not making use of the information thus available to them. There is, of course, the basic principle that any building constructed by the Crown in these various provinces the title to which vests in the Crown would not be subject to municipal or provincial taxation, and that is a point on which there will probably be considerable discussion with some of the communities” (Special Committee on War Expenditures, Minutes of Proceedings and Evidence, p. 101).

9 For example, the Hon.Howe, C. D., Canada, House of Commons Debates, 07 30, 1942, p. 5360.Google Scholar

10 Revised Statutes of Ontario, 1937, chap. 272, sec. 38(1).

11 Statutes of Ontario, 7 Geo. VI, 1943, chap. 2, sec. 5.

12 Canada, House of Commons, Votes and Proceedings, March 26, 1943. “Addendum” containing a Report on Capital Assistance to Canadian Industries by British and Canadian Governments as at December 31, 1942.

13 Canadian Locomotive Company, Ltd. and the Canadian National Railway Co. v. The Corporation of the City of Kingston. Reported in the Dominion Report Service, 1942, p. 122, and Canada Tax Cases, 1942.