Real Estate NewsWill Canadians See a New Era in Municipal Affairs Unfold in 2006?
New Year’s celebrations excite an interest in the future that often
encourages Canadians to put the preceding year behind them as quickly as
possible. When it comes to real estate and, therefore, to the issues
which will be addressed in this column over the coming months,
continuity with past years must be interwoven with a view to future
improvements.
As 2005 drew to a close, a new era in municipal affairs was unfolding in
Ontario. In acknowledgment of the emerging role of major cities, the
provincial government introduced legislation that creates greater
autonomy for Toronto, Canada’s largest urban area and the capital of
Ontario. Since municipal powers cover issues from property taxation to
disaster response, improving the way a city operates can generate a
variety of benefits for its citizens, property holders, businesses and
its province.
"A strong Toronto means a stronger Ontario,” stated Premier
Dalton McGuinty in response to the tabling of a new modernized
City of Toronto Act, introduced as Bill 53 Stronger City of Toronto for a Stronger Ontario
Act last December. “Greater autonomy is one of the tools that
can make one of the world"s great cities even greater. Toronto would now
have the ability to be as dynamic, as competitive and as successful as
the people who have chosen to build their lives here."
If passed, the legislation would allow the City to pass bylaws covering
its services, programs and public assets, which could range from setting
bar hours and regulating store openings on holidays to protecting public
safety. Under the Proposed City of Toronto Act, municipal powers
would expand to give The City more authority:
to license and regulate businesses
to undertake economic development opportunities to assist its
economic competitiveness
to determine the composition of council and ward boundaries (a
power held by other Ontario municipalities).
The City would also have more flexibility to raise revenue which would
take some pressure off property owners, currently the city’s principal
target for taxation revenues.
"This is a huge achievement,” said Mayor David Miller. “It gives the
City of Toronto its own
Charter, which has been called for, for more than 100 years. For the
first time ever, there is recognition of Toronto"s status as the sixth
largest government in Canada. The City of Toronto grew up a long time
ago. It"s time for the law to catch up.”
The new Act is the result of combined efforts from the Joint Task Force
of City and Provincial officials that reached consensus in several
important areas, including governance, economic development and the
creation of new financial tools. The final report of the Task Force was issued on
November 14, 2005 and called for major changes to laws that determine
how Toronto functions as a government. Broad permissive powers were seen
as the best way to ensure that Toronto had the flexibility to provide
services, be accountable to residents and manage growth.
According to Vancouver-based Constitutional lawyer Donal Lidstone, a leading expert on Canadian
municipal law, "Toronto and the Ontario government are now 156 years
ahead of the rest of urban Canada in terms of the City"s empowerment and
self-determination. That makes Toronto"s citizens gifted and it happens
to make Toronto more of an international player. This constitutional
milestone will help cities in the rest of Canada in their quest for
palpable recognition as an order of government under our constitutional
regime."