Academic literature on the topic 'Municipal finance – Law and legislation – Ontario'
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Journal articles on the topic "Municipal finance – Law and legislation – Ontario"
1
Johnson*, (Alyn) James. "The Toronto Municipal Election: Judicial Failure to Protect the Structure of the Canadian Constitution." Constitutional Forum / Forum constitutionnel 29, no. 3 (June 2, 2020): 1–9. http://dx.doi.org/10.21991/cf29404.
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In Toronto (City) v Ontario (AG),1 a recent decision on the legality of legislative interference in the Toronto 2018 municipal election, the Ontario Court of Appeal makes an alarming attempt to rewrite the Canadian Constitution. The subject of this revision is the legitimate role of unwritten principles in constitutional interpretation. Robin Elliot maintains, in a leading scholarly treatment of the subject, that unwritten principles can inform constitutional interpretation in two main ways: first, they can provide an independent basis on which to overrule impugned legislation; second, they can assist in interpreting constitutional text.2 Elliot qualifies the former usage by limiting it to those principles that “can fairly be said to arise by necessary implication from provisions of the text of the Constitution … since they have the same legal status as the text.”3 The Court of Appeal, however, states that unwritten principles cannot be used as a stand-alone basis on which to overrule legislation.4
In this article, I draw on numerous Supreme Court of Canada decisions to argue that the Ontario Court of Appeal’s view of the Constitution is, with respect, fundamentally flawed. Unwritten principles inform the structure of a democratic constitution and thereby provide legislation with its claim to legitimacy. Legislation that violates foundational unwritten principles is, of necessity, subject to judicial challenge. I also argue that the Court of Appeal’s doctrinally unsustainable approach to unwritten principles led to a flawed ruling on the legality of Ontario’s interference in the 2018 Toronto election. In Reference re Senate Reform, the Supreme Court of Canada unanimously states that “constitutional interpretation must be informed by the foundational principles of the Constitution.”5 The Court of Appeal failed to provide any detailed consideration of the democratic principle, and thereby failed to recognize the constitutional imperative that protects the integrity of the electoral process.
*PhD in Constitutional and Administrative Law, Queen’s University. Principal of Public Law Solutions, a research firm in Toronto.[1] 2019 ONCA 732 [Toronto v Ontario (CA 2019)].[2] “References, Structural Argumentation and the Organizing Principles of Canada’s Constitution” (2001) 80 Can Bar Rev 67 at 83-86, 141-42, and generally 86-98.[3] Ibid at 95. See also 83-84.0[4] Toronto v Ontario (CA 2019), supra note 1 at para 89.[5] 2014 SCC 32 at para 25 [Senate Reference].
2
Dvojmoč, Miha, and Bojan Tičar. "Analysis of Legal Powers of Municipal Wardens they Possess to Ensure Safety At the Local Level." DANUBE 13, no. 1 (March 1, 2022): 13–24. http://dx.doi.org/10.2478/danb-2022-0002.
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Abstract In Slovenia, the Municipal Warden Services Act (ZORed, 2006, and ZORed-A, 2017) represents the framework organisational legal act regulating the field of work of municipal wardens. In addition to the above act, the field of work and tasks performed by municipal wardens are also regulated by other laws and by-laws. Legal regulations enable and allow authorised persons of municipal warden services to use repressive powers in ensuring security. The article thus presents the security powers of municipal wardens from the point of view of the applicable Slovenian legal order. The article is a scientific review based on grammatical and dogmatic interpretation of applicable legal regulations and selected decisions of the Constitutional Court of the Republic of Slovenia, and on an analytical method of the review of the Slovenian legislation in the field in question. The legal methods used by the author also include a synthetic method of comparing the legislation from the underlying Municipal Warden Services Act (ZORed, 2006) and its main amendments set out in the ZORed-A (2017). The paper is a comprehensive review of measures that municipal wardens may use to ensure safety at the local level. The author lists the relevant scientific and professional literature and argues about polemic issues with other prominent Slovenian authors. In Slovenia, laws are being amended, giving more and more powers to municipal wardens. The conceptual changes introduced by the ZORed-A (2017) have resolved some ambiguities, such as the addition/amendment of articles relating to the conditions for performing municipal warden tasks and supervision over their use, but a comprehensive and systematic amendment of municipal warden services legislation would nevertheless be useful.
3
Vinogradov, D. V., D. V. Kashin, and E. V. Shadrina. "Institutional factors affect sustainability of public procurement of construction works in Russia." Journal of the New Economic Association 56, no. 4 (2022): 141–70. http://dx.doi.org/10.31737/2221-2264-2022-56-4-7.
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Public procurement entities in Russia do not have to include environmental criteria in procurement, yet the strategic priority of the Russian government implicitly calls for it. We analyse such institutional factors affecting green public procurement, as the stringency of the law and the level organisation takes in the federal–municipal hierarchy. Our sample covers all procedures in public procurement of construction works in RF in 2019. International environmental standards are widely used in construction, suggesting procurement entities might be informed about existing environmental criteria. The data revealing green procedures is rather rare, and the strictness of the law reduces the probability of including environmental criteria in procurement. Organisations at the federal and regional levels are more likely to use environmental criteria in procurement than those at the municipal level. Corporations governed by the more fl exible procurement law are more likely to use environmental criteria. With respect to energy effi ciency, where clear guidance exists, the difference diminishes or reverts. Results indicate fl exible legislation and clear guidance may reduce caution and through that contribute to wider adoption of green public procurement in Russia.
4
Yu, Chen, and Jae-Wook Lim. "A Primary Research on Legislation of Leading Maritime City Development of Xiamen." Korea Association for International Commerce and Information 24, no. 2 (June 30, 2022): 179–216. http://dx.doi.org/10.15798/kaici.2022.24.2.179.
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Based on the relatively comprehensive evaluation system and definition constructed by Menon Economics and DNV in "The leading maritime cities of the world"[1], the government needs to consider shipping, finance and law, maritime technology, attractiveness&competitiveness when building a global leading maritime city five dimensions. This article will study from a legal point of view, taking Xiamen as a case study.
If Xiamen wants to build a leading maritime city of the world, the legislation of the sea is an area that cannot be ignored. The Xiamen Municipal Government is very concerned about areas that can significantly increase GDP, such as maritime technology and marine industries. While, insufficient attention has been paid to the Legislation of the Sea. Like Shenzhen's political status, Xiamen is a "Special Economic Zone" and "Independent Planning Status". The Xiamen government enjoys legislative powers beyond that of general cities. However, due to the late start of constructing the Maritime legal system in Xiamen, there are many shortcomings: marine lack of collaboration mechanism, lack of soft power of the maritime rule of law, etc. Therefore, the Xiamen Municipal Government should first understand the importance of the legislation of the sea and then make up for the shortcomings as soon as possible. While reasonably learning from advanced international experience such as British law, we should promote the process of China's "Basic Law of the Sea" legislation and promote the progress of Xiamen's legislation of the sea to promote Xiamen's relevant laws such as sea-related dispute settlement. The establishment of service institutions enables Xiamen to actively participate in the governance of the global marine legal system, enhance the public's awareness of marine legal affairs, and cultivate specialized marine legal elites. (Independent Planning Status： Municipalities with Independent Planning Status under the National Social and Economic Development. ) Under the background of Xiamen's concentrated resources to build the world-leading maritime city, this paper analyzes the challenges faced by Xiamen's marine economic development, combined with China's national strategy. It analyzes the current situation of Xiamen from the perspective of law construction. Learn from experience with U.K. marine-related law. The feasibility of legislation in Xiamen is analyzed.
The path of law construction is put forward: ① Constructing the legal system of the maritime rule of law; ② Constructing a settlement center for maritime disputes; ③ Paying attention to the global maritime rule of law governance; ④ Enhancing the soft power of the maritime rule of law.
Legislative suggestions for local governments are put forward: ① Clarify the development orientation of the marine economy; ② Form a planning system and structural layout; ③ Establish an incentive mechanism and supporting measures; ④ Form a financial support service system; ⑤ Formulate safeguard measures for coordinated development; ⑥ Clarify the content of Taiwan cooperation and international development.
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Kirn, Matej, Lan Umek, and Iztok Rakar. "Transparency in Public Procurement – the Case of Slovenia." Danube 10, no. 3 (September 1, 2019): 221–39. http://dx.doi.org/10.2478/danb-2019-0012.
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Abstract Public procurement is one of the key points of contact between public administration and the economy, while the amount of public resources is a possible source of conflict of interest and corruption. The article aims to contribute to improvements in public procurement legislation and practice. The article examines the practice of supervisory bodies and assesses the frequency of violations of the principle of transparency. The main findings of the article are that over the years of application of the Public Procurement Act in versions ZJN-2 and ZJN-3, the number of violations of the basic principle of transparency increased – the most frequent violations concerning discriminatory criteria set by the contracting authorities and their implementation in the selection phase – and that local municipal bodies violated the principle of transparency more often than state bodies.
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Shugrina, E. "Economic basis of local self-government: legal analysis." Law Enforcement Review 2, no. 3 (December 25, 2018): 89–109. http://dx.doi.org/10.24147/2542-1514.2018.2(3).89-109.
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The subject. The concept and elements of the economic basis of local self-government are discussed in the paper in the context of different laws on local self-government.The purpose of the paper is to identify the main ways of increasing the economic basis of municipalities.The methodology of paper includes the formal logical interpretation of Russian legislation and systematization of the court practice that concerns economical issues of local self-government as well as analysis and synthesis of statistics data of the Ministry of Justice of Rus-sia and the Ministry of Finance of Russia.The main results and scope of their application. The features of municipal property and local budgets are consistently considered. The property base of the municipality should be analyzed through the scope of it’s adequacy for the implementation of the relevant functions, including for the performance of public obligations. The profile of municipal assets and their purpose should play the minor role. The instruments of property management used by local governments (like attracting private investment) are also important. The sources of revenues and expenditures of the local budget are important not as themselves in absolute terms, but in the context of the ratio with the volume of competency that is assigned to local governments. The improvement of control and supervisory activities is a resource for improving the economic basis of local self-government. The proposed qualitative analysis the economic basis of local self-government may inspire new researches in the field of municipal law.Conclusions. The formation of the economic basis of local self-government is a complex complex process, closely related to the legal, territorial, organizational and competence bases of local self-government and it is determined by legislation and law enforcement practice.
7
Ofiarska, Małgorzata. "The Scope of Public Services Performed by Municipal Local Governments in the Republic of Poland Through Budgetary Establishments." Public Governance, Administration and Finances Law Review 3, no. 2 (December 31, 2018): 46–57. http://dx.doi.org/10.53116/pgaflr.2018.2.4.
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The Act of 27 August 2009 on public finance – which entered into force on 1 January 2010 – and its later amendments have brought about significant changes in the scope of public services performed by the commune’s self-governments through budgetary establishments. The key change has been the limitation of these services, which triggered the necessity to implement new organizational methods and new financing solutions for public services hitherto carried out by budgetary establishments. Local government authorities were forced to choose between three organizational forms and three different ways of financing of the said services. At present, public services in a commune can be carried out through: a budgetary unit (a form most closely linked to the commune’s budget), a budgetary establishment (a form indirectly linked to the commune’s budget) and a municipal corporation (a form that in fact assumes full commercialization of public services).The aim of the paper is to analyse and evaluate relevant legislation, judicial practice of courts and regional accounting chambers, as well as the doctrine of local government law and public finance law regarding the scope of public services that can be financed through budgetary establishments. The hypothesis that the legislator’s implementation of new legal regulations since 2010 has led to implementation of more effective management methods with regard to public services and management of public finance allocated to these services was proven to be right. The legislator’s act of giving local government authorities relative freedom as to the choice of organizational and legal forms through which public services will be performed is tantamount to expecting that the authorities shall perform their tasks rationally. The leading method applied in the paper was the dogmatic and legal method, supported by the empirical and analytical method (in particular with regard to the judicial practice of courts and regional accounting chambers).
8
SKLYAROV, German N. "Claims for damage to a public-law entity within the implementation of internal State (municipal) financial control: Theory and practice." Finance and Credit 27, no. 3 (March 30, 2021): 611–26. http://dx.doi.org/10.24891/fc.27.3.611.
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Subject. The article analyzes legal mechanisms provided for by the current legislation to implement the measures of financial control bodies in case of revealing damages caused to a public-law entity. Objectives. The purpose is to identify problems to compensate for damage a public-law entity at the stage of implementing the results of control activity, and to find solutions. The solutions will enable to unify the activities of State (municipal) financial bodies, which will increase the effectiveness of the control. Methods. The study employes general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logical and comparative law methods. Results. In the practice of financial control bodies, there are different approaches to determine damages to public-law entities. The same financial violations are treated by different financial control authorities through different legal mechanisms. The lack of common terminology and methodology is a problem that affects the performance of control bodies. Conclusions. It is necessary to classify financial violations from the point of view of their qualification and economic impact. The concept of damage should be disclosed in laws and regulations of the Ministry of Finance of the Russian Federation, or directly in the Budget Code of the Russian Federation, and formalized in methodological recommendations for calculating the amount of damage caused to public-law entities.
9
Wolanin, Marek. "Transparency in public life with particular emphasis on local government finance." VUZF Review 7, no. 1 (March 28, 2022): 192–205. http://dx.doi.org/10.38188/2534-9228.22.1.19.
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Transparency in public life is a value protected by law in Poland. The article refers in many places to the issue of transparency in the spending of public funds, and consequently building public confidence in public institutions and persons exercising public authority. In the presented material were discussed issues of guarantees that guard the transparency of public life, as well as information about the financial system and principles of operation of financial management in local government units, taking into account matters involving their openness and transparency. Transparency is a fundamental right to obtain information as a public good that is the public information resource. Readers are presented with the legal basis shaping the duties of public authorities, the state of implementation of principles set out in national and international legislation. Municipal self-government has inseparable connection with common property what naturally leads to the need of social control of activities to secure realization of collective public goals. This nature requires that they have the characteristics of transparency which allows, consequently, the possibility of accountability. The public sector that functions closest to the inhabitants are communal governments that carry out the biggest package of tasks of basic importance for the members of self-governmental communities.
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Stryzhak, Yevhenii, Tetiana Saraskina, Andrii Minchenko, and Iia Stryzhak. "FINANCING HEALTH CARE FROM LOCAL BUDGETS OF UKRAINE AND THE REPUBLIC OF POLAND." Wiadomości Lekarskie 75, no. 3 (2022): 721–26. http://dx.doi.org/10.36740/wlek202203126.
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The aim: This article aims to show the role of local budgets in financing health care in communities, and to initiate a discussion on the possibility of expanding powers of local government bodies in the sphere of health care. Materials and methods: This study is based on the normative acts of the Republic of Poland and Ukraine, conclusions, reports of the Regional Chambers of Audit (Regionalnych Izb Obrachunkowych) in the Republic of Poland, OECD Indicators and budget gminas. Dialectical, comparative, analytical methods and the method of system analysis were used. Conclusions: Health care is among own tasks of gminas. Special legislation in the sphere of health care clarifies and narrows the tasks of gminas to monitoring and assessing public health, as well as to development, implementation and evaluation of special policy programs in the sphere of health care, according to identified needs of community residents and projects aimed at informing people about factors harmful to health and about their consequences. These programs can be financed from the budgets of gminas. This approach reduces and limits potential of local governments in the health care sector. Only in the event of an emergency gminas have the right to assign additional tasks to a medical entity and to finance these tasks from their own budget. In order to improve the quality and clarity of legislation own tasks of gminas in the sphere of health care (point 5, Part 1 Art. 7 of the Law of the Republic of Poland dated 8 March, 1990 “On municipal Government”) should be specified taking into account point 1 Art. 2 of the Law of the Republic of Poland dated 11 September, 2015 “On Health Care”.
Dissertations / Theses on the topic "Municipal finance – Law and legislation – Ontario"
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Arnett, Sarah. "Fiscal stress in the U.S. states: an analysis of measures and responses." Diss., Georgia Institute of Technology, 2011. http://hdl.handle.net/1853/42860.
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Fiscal stress is an important and recurring problem that states face. Research to date on state fiscal stress involves, predominantly, cross-sectional and case study analyses and does not address the effectiveness of state responses. Many of these studies use different definitions and measures of fiscal stress compounding the difficulty of comparing fiscal stress findings. The present research effort adds to the fiscal stress literature by (1) clarifying the meaning of fiscal stress in the state context, (2) developing a measure of fiscal stress that operationalizes this meaning and is comparable across units, and 3) using this measure analyzes patterns in and the effectiveness of state responses. Fiscal stress is measured using four indexes: budget, cash, long-run, service-level. Eleven financial indicators, calculated using data from state Comprehensive Annual Financial Reports (CAFRs), are used to create these indexes for all fifty states for the years 2002-2009. Descriptive analysis compares state fiscal stress levels (grouped into low, moderate, and high fiscal stress by cluster analysis) to state economic growth rates, state responses, and institutional factors yielding several findings. First, states do not use an incremental or punctuated equilibrium strategy in responding to fiscal stress; nor do their responses follow the pattern predicted by Cutback Management theory. Second, institutional factors affect both the levels of fiscal stress and state responses to fiscal stress. Regression analysis supports and extends these findings. First, short-term responses of expenditure cuts, tax increases, and rainy day fund use do not affect state fiscal stress levels. Second, these responses have long-term effects on fiscal stress levels. A major implication of this research is that there is very little states can do in the short-term to reduce fiscal stress. However, by balancing expenditures and revenues states can set themselves up to weather the next economic downturn with lower levels of fiscal stress.
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Maake, Khomotso Rahab. "Causes of unspent municipal infrastructure grant in the Capricorn District Municipality : case of two selected local municipalities." Thesis, 2017. http://hdl.handle.net/10386/2189.
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Thesis (MPA.) -- University of Limpopo, 2017In 1994 the South African democratically elected government inherited one of the most inequitable access to basic service between rural and urban communities. Rural people used to live without access to basic services such as water, electricity, roads and sanitation facilities. South African government established the Municipal Infrastructure Investment Framework as the national Strategic Plan to outline the extent of basic infrastructure backlogs and to come up with strategies to improve basic service provision to the poor citizens. The Municipal Infrastructure Grant (MIG) is a municipal infrastructure funding which combines all the existing capital grants for municipal infrastructure into a single consolidated grant. MIG is aimed at assisting the poor to gain access to infrastructure. MIG funding can only be used for infrastructure for basic services. Polokwane local municipality and Blouberg local municipality are the beneficiaries of MIG. The purpose of the study was to investigate the causes of unspent Municipal Infrastructure Grants in Polokwane and Blouberg local municipalities. An extensive literature review has been undertaken to gather information regarding unspent Municipal Infrastructure Grants in the two municipalities in the Capricorn District; Polokwane and Blouberg local municipalities. The study provides an investigation on how Polokwane and Blouberg local municipalities monitor the Municipal Infrastructure funding. The study further investigate the capacity of the municipalities to implement MIG, and whether these municipalities have the capacity to effectively utilise the MIG for efficient and effective service delivery. The researcher utilised a qualitative approach to collect data through interview schedule. A satisfactory response rate of 98% was obtained. The results indicated that Polokwane and Blouberg local municipalities are capacitated to implement and to monitor MIG. However, the municipalities often spend less than the budgeted MIG, as a result progress in the access to basic services is hindered. The failure to adequately spend the MIG by these municipalities is due to the fact that there is poor planning and a lot of political interference in the Supply Chain Management processes. The study recommended that managers should do proper planning beforehand, avoid late appointment of service providers and make references on the service providers they appoint to avoid disputes from members of the community. The study further recommended that Polokwane and Blouberg local municipalities should do proper consultation of the project, budget accordingly, and appoint companies that will produce positive end results with value for money. The study recommended that political office bearers should not interfere in the supply chain management processes.
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De, la Harpe Stephanus Petrus Le Roux. "Public procurement law : a comparative analysis." Thesis, 2009. http://hdl.handle.net/10500/3848.
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The purpose of this research was to determine whether or not the South
African public procurement regime, within the framework set out in section
217(1) of the Constitution 1996, complies with the internationally accepted
objectives or principles of public procurement, as contained in the UNCITRAL
Model Law on the Procurement of Goods, Construction and Services (1994)
and the World Trade Organisation‟s Plurilateral Government Procurement
Agreement, and how these objectives are balanced with the need for the
government‟s socio-economic policies.
The main features of the public procurement reforms after South Africa
became a constitutional state are the provision of constitutional principles
applicable to public procurement; the creation of a single national legislative
framework in terms of the Public Finance Management Act 1 of 1999 and the
Local Government: Municipal Finance Management Act 56 of 2003,
applicable to organs of state in the national, provincial and local spheres of
government; and the creation of a supply chain management function that is
fully integrated with the financial management processes in government, in
which decisions on public procurement are decentralised to the procuring
entities.
The following broad principles applicable to public procurement, which are
common to the Model Law and the GPA, were identified:
(a) Economy;
(b) Competitiveness;
(c) Effectiveness;
(d) Transparency;
(e) The combating of abuse;
(f) The avoidance of risk;
(g) Accountability;
(h) Fairness and equitability; and
(i) Integrity.Private Law
LL.D.
4
Kakaza, Thembisa. "An assessment of municipalities in the Eastern Cape Province to determine the capacity they have to implement the Municipal Finance Management Act No. 56 of 2003." Thesis, 2006. http://hdl.handle.net/10413/10091.
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The research is on the assessment of municipalities within the Eastern Cape Province to determine the capacity they have towards implementing the Municipal Finance Management Act No 56 of 2003 (MFMA). The research targeted Municipal Managers and Chief Financial Officers as these are the people charged by the Act with the responsibility of ensuring proper implementation and compliance by the Municipalities with the Act. The project was conducted at the level of the district municipality. This level of municipalities was considered sufficient as it would ensure a broad and in depth coverage of the assessment throughout the Province. This project aims to uncover strengths and weaknesses of municipalities. Municipalities with strong features are appraised of their strengths and recommendations are given towards the end of the dissertation to change the negatives into positives. The prime source used in developing the questionnaire is the MFMA. The questionnaire looks at various aspects of the Act and assesses capacity in terms of fourteen specific areas.Thesis (MBA)-University of KwaZulu-Natal, Durban, 2006.
Books on the topic "Municipal finance – Law and legislation – Ontario"
1
C, Ross Allan, and Bradbury T. A, eds. The law of municipal finance. Markham, Ont: LexisNexis Butterworths, 2004.
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Massachusetts. Massachusetts municipal finance laws. St. Paul, Minn: West Pub. Co., 1985.
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H, Rosenberg Ronald, and Bakken Larry A, eds. Handbook of municipal finance. Chicago, Ill: American Bar Association, Section of State and Local Government Law, 2010.
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Loughlin, Peter J. Municipal finance and taxation. Orford, N.H: Equity Pub. Co., 1990.
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Ontario. Ministry of Municipal Affairs. Finance by-laws: Municipal Act. S.l: s.n, 1986.
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Institute, Pennsylvania Bar. Trends in municipal finance. Mechanicsburg, Pa. (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2012.
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Institute, Pennsylvania Bar. Trends in municipal finance. Mechanicsburg, Pa: Pennsylvania Bar Institute, 2007.
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Institute, Pennsylvania Bar. Managing municipal finances. [Mechanicsburg, Pa.] (5080 Ritter Rd., Mechanicsburg 17055-6903): Pennsylvania Bar Institute, 2001.
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author, Gillette Clayton P., and Bass G. Allen author, eds. Municipal debt finance law: Theory and practice. New York: Wolters Kluwer Law & Business, 2013.
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P, Gillette Clayton, ed. Municipal debt finance law: Theory and practice. Boston: Little, Brown, 1992.
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