Sole or Shared Custody for municipalities?

In many ways, the Constitution Act of 1982 gave full custody of municipalities to provincial governments.

While municipalities are creatures of the province, the relationship between all three levels of government in Canada is unique. In a way, provinces have sole custody over municipalities, while the federal government maintains visitation privileges. But while there are shared and mutual interests among federal and provincial governments in cities, there is no shared custody agreement. Meanwhile, as Taylor and Dobson highlight, municipalities — like rebellious teenagers often want more independence, greater autonomy and fiscal resources to make their own decisions.

Fortunately, provinces have increasingly recognized that municipalities can be as accountable and democratic as their parents want them to be. Likewise, they receive allowance directly from one parent, sometimes both for school supplies (or occasional capital investments) or as a cash transfer from the federal government to the province, then the municipalities as “child support.”

While self-governance is a cornerstone of political tradition, municipalities cannot be nation-states. They will always have at least one helicopter parent (the province) overseeing and sometimes interfering with their local affairs. As noted by Eidelman, Hachard, and Slack, the provincial government is involved in every aspect of municipal service delivery, whether through cost-sharing, regulation, policy setting, and more.

At the same time, like a distant parent who still wants their child to succeed, the federal government has been unsuccessful at creating the sort of urban policy-based relationship that provinces hold over municipalities. Nevertheless, as Taylor and Bradford explain, the urban affairs file at the national level has remained active to varying degrees over the years. The political nature of varying government priorities at the provincial and federal levels has resulted in different forms of national government engagement at the municipal level. Much like the parent with sole custody, the provincial government is more concerned with the day-to-day operations of its municipalities. In contrast, the federal government focuses on some of the bigger picture stuff concerning urban policy dilemmas like infrastructure, affordable housing, and economic development.

While both parenting styles can complement each other, they can be more challenging at other times. For the kid with two separated parents, there can be advantages — two birthdays, two holidays, two sets of allowances, different shopping trips, and varying parental strategies in the form of varying policy priorities. Regardless, these relationships underscore the importance of the intergovernmental relations file for all levels of government. Indeed, both levels of government want what’s best for their cities and municipalities.

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