A STUDY OF STATUTORY POWERS TO PROVIDE COMMUNITY SERVICES*

A STUDY OF STATUTORY POWERS TO PROVIDE COMMUNITY SERVICES*

*

Stanley M. Makuch

Research Paper No. 81

Background paper for the Neighbourhood Services Work Group of the City of Toronto

Centre for Urban and Community Studies University of Toronto

ABSTRACT

This study is an analysis of the legal framework within which connnunity services are delivered in the City of Toronto.

It focuses on the legal authority for connnunity involvement and input into service delivery under existing statute and common law, and contains an inventory and description of legislation which governs the provision of connnunity services. Although the study concentrates on the City of Toronto, much of it is applicable to other municipalities in Ontario and in Canada, and to those with a general interest in neighbourhood services.

PREFACE

This study was prepared for the Neighbourhood Services Work Group of the City of Toronto. That group was established by City Council "to devise a policy for the delivery of community services to City neighbourhoods in a participatory manner consistent with other current programmes and policies", and published its results under the title The Report of the Neighbourhood Work Group - 1976.

A Study of Statutory Powers to Provide Community Services was undertaken as a background paper for the Neighbourhood Services Work Group in order to provide an analysis of the statutory basis for the delivery of community services. I wish to acknowledge the role of the City of Toronto in commissioning this study and granting permission for its publication and distribution. I wish to thank my research assistant Derek D1_{0liveira for his help. Finally, I wish to thank the} Centre for Urban and Community Studies for reproducing this Study in order to make the information contained in it more widely available.

Stanley M. Makuch

Associate Professor of Law and Urban and Regional Planning University of Toronto

I. PURPOSE AND METHODOLOGY II. INTRODUCTION

III. CONSTITUTIONAL AND COMMON LAW FRAMEWORK

IV. ANALYSIS OF LEGISLATION PROVIDING NEIGHBOURHOOD SERVICES V. INVENTORY OF LEGISLATION

I. Social Welfare Services II. Educational Services III. Health Services

IV. Housing Services

V. Transportation Services

- - -

-VI. Recreational And Cultural Services VII. Planning Services

VIII. Fire Services IX. Sewage Services

X. Water Services

XI. Administration of Justice XII. Licensing

XIII. Environmental

&

XV. Communication Services

XVI. Consumer Protection Services XVII. Immigration Services

FOOTNOTES APPENDIX I Page 1 2 4 8 14 16 33 39 50 57

64

I PURPOSE AND METHODOLOGY

The purpose of this report is to analyse the present legal framework within which neighbourhood services are delivered. It is not designed to examine the effectiveness of those services, nor to undertake a detailed review of the ways in which any individual programme might be improved or influenced by neighbourhood input. The focus is, rather, on the legal basis that exists for neighbourhood involvement and input into services under existing statutory provisions and on the extent to which the City of Toronto has provided for that type of input.

The parameters of neighbourhood services are set very widely for the purposes of this study and a neighbourhood service has thus been defined as any benefit conferred upon an individual or group within the context of a neighbourhood.1 Legislation which confers such a benefit has there-fore been examined to ascertain the potentiality for neighbourhood provi-sion or input. In undertaking such an analysis the statutory framework for the provision of such services is most important, because provincial and federal legislation set the widest possible parameters for the de-livery of these services and it is within that legislative framework that regulations and by-laws to provide for specific programmes are adopted. This report thus focuses primarily on the statutory framework for the provision of neighbourhood services, although regulations and by-laws are also included in order to provide examples of more detailed regulation.

Legislation however is neither drafted by legislatures nor inter-preted by courts in a vacuum. The existing common law and constitutional context of both federal and provincial legislation must, therefore, set

the framework for an analysis of legislation. Similarly this context is important in examining the legislative actions of both the City of Toronto and the Mllllicipality of Metropolitan Toronto in their endeavours to pro-vide neighbourhood services.

This report will, therefore, begin by setting the common law and constitutional framework within which neighbourhood services are provided. It will then focus on the existing legislation, federal, provincial and mllllicipal which provides neighbourhood services and indicate some conclu-sions as a result of examining that legislation. Finally, the legislation itself, federal and provincial statutory law and regulations and examples of Metropolitan Toronto and City of Toronto by-laws, where relevant, is catalogued llllder service areas so that the legal possibilities for neigh-bourhood action in any given area are more easily discernible.

II INTRODUCTION

Local assemblies of citizens constitute the strength of free nations. Mllllicipal institutions are to liberty what primary schools are to science; they bring it within the people's reach; they teach men how to use and how to enjoy it. A nation may establish a system of free government, but with-out the spirit of mllllicipal institutions, it cannot have the spirit of liberty.

Alexis de Tocqueville. If de Tocqueville's statement, that local assemblies are the strength of a free nation, is true then liberty must be in a precarious state in-deed in Ontario, for both an analysis of the constitutional and common law framework, governing the provision of neighbourhood services and an analysis of the legislation for the provision of those services indicate very little scope for input by neighbourhood or community groups. Both

3

-the courts and -the federal and provincial legislatures have viewed mtm.i-cipalities as administrative arms of the senior governments and have thus imposed severe restrictions on them by both statutory interpretation

a.~d enactment. The City of Toronto as a result has legally little

autho-rity to control its own destiny; the neighbourhoods within it have vir-tually none. Moreover, while it may be argued that the Mtm.icipality of Metropolitan Toronto has perhaps more independence and authority than its constituent municipalities particularly over matters of a wider con-cern, its independence from the senior levels of government is also largely illusory.2

The reason for the severe restrictions on municipal governments can-not, of course, be blamed on the legal system per se. Indeed that system, one would hope, has, to a large extent, reflected the values of both

judges and legislators over the years. If they were not concerned about local mtm.icipalities and the neighbourhoods within them one can hardly expect the legal system to exhibit such a concern. Indeed until fairly recently the most fundamental concern with respect to local government has been to deal with problems on a regional scale, as can be seen by the establishment of Metropolitan Toronto and the subsequent regionalization of many parts of the province. The problem, however, is that although values may have changed today with a concern to make government responsive to local and indeed neighbourhood desires, the legal and governmental structure evolved in the absence of such values is still very much with us and clearly inhibits the implementation of any such change. Indeed it would not seem unreasonable to suggest that any attempt to give legal status to neighbourhood concerns would require as fundamental an alteration

of governmental structures and powers as the "bold" experiment in metro-politan government of 1953 was thought to require.

III CONSTITUTIONAL AND COMMON LAW FRAMEWORK

Although a municipality is a separate legal entity in that it has corporate status, its existence in Ontario is determined solely by pro-vincial statute.

There were no municipalities represented at the Quebec Conference when the British North America Act was first drawn up and that Act makes

abselttte-ly----00---g.Paftt--&f-aut~i-ty--t-0-!Hlth---ffi&t-i ru-ti-on-5--in- -4i-vi4ing-j-m;i-s-di cti on within Canada.3 Indeed the only reference to municipalities with respect to the division of powers in that Act is to place municipal in-stitutions exclusively under the provincial legislatures.4

This historical digression has been made to emphasize the subservient legal position of municipal institutions in Canada. Indeed, it is not extreme to state that if the Province of Ontario wished to abolish the City of Toronto at any given time it could do so. There are no constitu-tional guarantees for municipalities as in some American jurisdictions where municipal autonomy and independence is provided for in "home rule" provisions of state cons ti tut ions. "The municipality in Ontario is wholly a creature of the legislature - it has no abstract rights - it derives all its power from statute .... 115

Provincial supremacy is, however, not without its benefits. Because of it, reforms can easily be enacted by the legislature, as has been done in the past with the Local Government Reorganization programme in Ontario.

5

-Thus if there is a desire to legislate neighbourhood involvement and in-put, there are no legal impediments to doing so. Provincial supremacy, however, does have its drawbacks from the municipalities' point of view.

The first drawback resulting from this subservience is that, because municipalities are exclusively under the jurisdiction of the province, they are limited, in turn, by provincial powers. Municipalities and any governmental organization within them, therefore, can only be granted power by the province which the province has been granted by the British North America Act.6 Moreover, there would appear to be little scope for the delegation of powers by the federal government to municipal institu-tions. This is a result, in part, of the exclusive jurisdiction over the municipalities by the province. But it is also a result of the exclusive division of powers within the British North America Act between the federal and provincial governments. Because of that exclusive division, the

federal government cannot delegate its powers to a province or its sub-ordinate, the municipality. It should be noted, however, that a province can, by legislative enactment, permit a municipal institution or indeed any institution to enter into an agreement with the federal government in order to carry out a programme or function which the province itself has authority to undertake.

Secondly, the municipality's constitutional position has affected judicial approaches to the exercise of powers by municipal institutions. Because municipalities are not sovereign, as they do not represent the crown, and because authority for all their actions must be found in pro-vincial statutes, the courts have interpreted statutes respecting grants of power to municipalities narrowly. The approach of the courts in this

respect has been summed up in Dillon's Rule which states that a mlUlici-pality may only exercise those powers expressly given by the statute, those powers necessarily or fairly implied by the expressed power in the

,,...+ ... + .. +,.... ... -...t +h-.ro-. .;,,..,,;i.;, <'."n.onc"lhl.a nnt...ra-rc: oc.c:An~; !!l !lnrl nnt- mPTPlv

rnnvP-.:> L<1LUl...C') OJ.1U l,..JIV.:>V ..LJlU..L~P"'·l.l.JULJ.LY _t1VH"-'A...J - - - - " " " " . . _ . . _ . . . . _ ) ... u.- ... ,...,_ .... ___ .... .! · · ·

-nient, to the effectuation of the purposes of the corporation.7

The result of this approach is that if a statute does not confer upon a municipality a power in very explicit language, the power cannot be exercised by the municipality and the exercise of it may be easily chal-lenged in the courts. Moreover, as a result of this approach to mtmici-palities and as a result of the general rules of statutory interpretation

- - - -- - -

-8

a general grant of power in the Municipal Act which states that "every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for in [the] Act as may be deemed ex-pedient and not contrary to law~" has been generally viewed as not grant-ing any additional powers to municipalities.9 Moreover by-laws of munici-palities are subordinate legislation and cannot be in conflict or repug-nant, therefore, to provincial policies expressed in provincial

legisla-. 10 tion.

Thirdly the municipality's subordinate role has resulted in a severe restriction on a municipality's ability to delegate the authority granted to it by legislation from the Province. In short, where a statute autho-rizes or empowers a municipality to exercise legislative authority, that authority, unless otherwise stipulated in the provincial statute, must be exercised by the council of the municipality and no other person,

7

-legislature is delegating its authority to legislate (which it may freely do as a sovereign state) to a subordinate agency, the municipality. That subordinate agency, however, cannot authorize any other person or agency to exercise that power unless the statute provides for such a

sub-delegation. This approach is generally summed up in the rule "delegatus non potest delegare" and is an important inhibition on the ability of municipalities to delegate any legislative authority over any neighbour-hood matters to a group or organization within a neighbourneighbour-hood. 11 It should be noted, however, that this rule applies only to legislative authority and that a municipality, once it has passed a by-law exercising its legislative authority, may provide for the administration of the by-law by others. The restrictions that this doctrine places on municipali-ties can be seen where a municipality attempted to make the construction of swimming pools by individuals in their yards conditional upon the_ approval of property owners living nearby. The court held that such a by-law was illegal as the council of the municipality was delegating its legislative authority to the surrounding property owners. It should be noted that the courts have held in a similar way, that a municipality cannot agree with an individual or group not to exercise its authority.12

In summary then, from a constitutional and common law point of view the City of Toronto has very little authority to act independently of the Province of Ontario. Its authority for any by-law must be found in the Municipal Act13 or in the various pieces of special legislation referring to municipalities such as The Planning Act,14 or in a specific grant of power by private legislation in the form of a City of Toronto Act. Any direct attempt to provide for neighbourhood input or involvement, in more

than an advisory way, must depend on such legislation and therefore such an attempt is, to a large extent, in the ultimate control of the province.

IV ANALYSIS OF LEGISLATION PROVIDING NEIGHBOURJ!OOD SERVICES

There are three categories of governmental ftmctions from a legal point of view - judicial, legislative, and administrative. The first of these is not of importance with respect to municipalities or neighbour-hoods. The latter two, however, would appear to be very important. Local governments can be established, at the municipal or neighbourhood leve 1 _._~!!_her to_ E_I'_qyj.de_ smc:t_l_!_J~gi~!~_t_!!'!'_~~i tl!_in_sf~I>~!!~-~ll_t _ _p~~er~~---­

meet the needs of local inhabitants; or to provide administrative machinery at the local level to implement provincial policy. To the extent that local autonomy and independence are encouraged by the granting of autho-rity without provincial approval or control, the goal of establishing local governments to meet local needs would seem to be served. To the extent that the Province retains authority to approve local decisions so that those decisions conform with provincial standards, and to the extent that the Province restricts the authority of municipalities and divides control over various functions at the local level among many bodies or agencies for more efficient and functional administration, the second approach of providing machinery at the local level for administration is served.

As a result of examining legislation which provides for neighbour-hood services in the City of Toronto, there would seem to be no doubt that it is the latter model to which the Province of Ontario ascribes and which is thus found in the City of Toronto. The purpose of this study

9

-is not to challenge the appropriateness or inappropriateness of such an approach but rather to point out its existence.

There would appear to be many ways by which the City's role is

re-stricted to that of aruuinistrator with respect to the provision of

neigh-bourhood services. Clearly the restriction of the City to the property tax15 as its only major source of revenue ensures that it can have little or no independence. Legislation for the provision of neighbourhood ser-vices often involves cost sharing arrangements because municipalities do not have the financial capabilities to undertake programmes on their own. The result of cost sharing is that inevitably standards are set or con-trolled by the provincial or federal governments while the municipalities, which generally pay the smallest portion of the costs, are restricted to administering programmes. Moreover because of the legal restrictions referred to above the municipality has no scope for independent action in such an arrangement and must simply operate within the confines of statutes and regulations passed by the senior levels of government.

An

example of such an approach can be found in the federal legislation under the Canada Assistance Plan16 where the federal government makes moneys available for welfare purposes to the provinces and sets certain basic requirements for the programme and provincial contribution. The province, moreover, through The General Welfare Assistance Act17 provides for the details of the welfare programme and for municipal contribution to that programme, but under total provincial supervision. With respect to The General Welfare Assistance Act, as well, it should be noted that the municipal involvement is restricted to the Metropolitan Corporation. This may, once again, enhance administration from the Province's point of view but does little to encourage input, involvement or co-ordination at

the neighbourhood level. Similarly legislation providing for libraries requires the setting up of library boards for administrative purposes. Such boards are appointed by the municipalities but are funded in part by the province and subjected to provincial regulation. Once again pro-vincial rather than local input is enhanced and cultivated. 1be legis-lative list is fraught with provincial rather than local control where provincial funding is involved. Other examples are 1be Day Nurseries Act,18 The Education Act,19 The Elderly Persons Act,20 1be Recreation

21 . . . 22

Centres Act, and Tile Homemakers and Nurses Services Act.

1be legislation clearly indicates that wherever provincial financial contributions are forthcoming provincial regulation is also present so that the financial restrictions on the City of Toronto must be seen as having an important impact on the delivery of neighbourhood services.

However, provincial control is also present where no financial input is involved. 1bis would seem to lend substantially further weight to the interpretation that municipalities are an administrative wing of the provincial government rather than bodies needing to be more responsible

and responsive to the neighbourhoods within them. Under Tile Planning Act23 the province controls, through Ontario Municipal Board approval of all zoning by-laws passed by municipalities, including the City of Toronto, planning in the municipalities. Moreover zoning by-laws must conform

with an official plan which must be approved by the province. Similarly under Tile Fire Department Act,24 the fire department of the City of Toronto is subject to provincial regulation, while The Police Act25 pro-vides for supervision of police within a municipality by a Board of

11

-It can be seen therefore that the provision of neighbourhood ser-vices is controlled through legislation by the senior levels of govern-ment. This approach is very much in keeping with the common law and constitutional structure of Canada. Real power, both legally and finan-cially, lies in the senior levels; this power relationship is reflected by the courts and by the statutory framework within which municipalities operate. It therefore makes the provision or co-ordination of services by neighbourhoods most difficult to attain. As the references to the statutes have thus far indicated, the whole thrust of provincial legis-lation is to decentralize the administration only of neighbourhood ser-vices to the municipal level, either to councils or special purpose

bodies. This results in ultimate control remaining with the province and in the passing of legislation on a function by function basis.

This latter point is most important for it too points up the use of local government as primarily an administrative mechanism. There is no attempt to delegate authority to municipalities over a number of functions or areas. The result is a multitude of statutes26 each allowing local administration with respect to a given function such as planning, policing, water, day care, but each maintaining ultimate control in the provincial agency or agencies responsible for that function. Along with the other legal restrictions already mentioned services are provided by a multitude of local government bodies, not authorized by statute to co-ordinate or delegate authority among themselves.27

In addition to this, the legislation provides for services directly supplied· by the federal or provincial governments. The distribution of compensation benefits such as those under The

Workmen•~Compensation

The Family Benefits Act,29 and The Unemployment Insurance Act30 is con-trolled completely by the senior levels of government. Similarly there are other neighbourhood services such as consumer protection,31

licen-. {" , 32 · f 1 1 h

a· ·

sing or traaesmen, regulation o_ lea t iscip ines, protection o human rights,34 provincial highways,35 and landlord and tenant relations36 which are not decentralized to local governments in any way but are

administered completely at the provincial level. Similarly, such federal

. d. d 1 . . 37 d . . . 38 h

services as control over ra io an te evision an immigration ave not been shared in an administrative way with the provinces or through them with the mllllicipalities.

In summary then the potential for increasing neighbourhood involve-ment or input in a substantive way is very restricted illlder existing legislation. The province has not recognized in its legislation the need or desire for local control or input and indeed has ensured that authority where it is delegated to the mllllicipal level is mainly administrative in scope, is distributed among many special purpose bodies, and is quite often delegated to the metropolitan leve1.39 Moreover, both federal and provincial governments maintain direct legislative and administrative control in many areas of their respective jurisdictions. This problem is further exacerbated because the federal government may set up a multitude of programmes simply by virtue of its spending power. Any attempt to substantially change this ove~all pattern would, it is sug-gested, require legislative amendments to alter not only existing statu-tory powers but also present common law restrictions referred to earlier.

It should be noted however that there is some scope for limited re-form within the existing system of local government legislation. This

13

-arises from a new provision in The Municipal Act 40 and from provisions in various provincial statutes allowing private corporations to supply certain services upon provincial approval.

Firstly, with respect to municipal grants it should be noted that The Municipal Act provides:

Notwithstanding any special provisions in this Act, or in any other general or special Act, the council of every municipality may, ... make grants on such terms and con-ditions as to security and otherwise as the council may consider expedient to any person, institution, association, group, or body of any kind, ... for any purpose that, in

the opinion of council is in the interests of the municipality. As a result of this section it would seem possible fer a lllUflici~ality to make grants to any neighbourhood organization wishing to provide neigh-bourhood services of any kind. Indeed, it can be argued that a munici-pality could cease providing a service where possible under legislation, and grant moneys to a private corporation or group on condition that it provide the service. Such a provision, it is suggested, should enable a greater degree of flexibility for the provision of at least some services.

This section does not overcome the fundamental problem of funding however. Most often provincial legislation provides for the sharing of the costs of services between the municipality and the province where the municipality chooses to administer a service on behalf of the pro-vince. If a group were to provide the service this would not qualify for provincial funding. It should be noted, however, that a number of provincial statutes41 provide for corporations to be approved by the pro-vince. They may then provide such services and may receive provincial funding. The possibil~ty of establishing corporations at the neighbour-hood level to seek approval under various provincial statutes in order

to provide a number of services with provincial funding might well be considered. Such a corporation would moreover be able to receive munici-pal funding under the granting provision outlined above.

Aside from the establishment of such approved neighbourhood corpora-tions and the provision of grants by the City of Toronto there would seem to be little that can be done to facilitate neighbourhood input and involvement within the existing legislative, common law and constitutional framework. Of course, neighbourhood advisory committees with no power at all are clearly possible; but given the present legal scheme for the provision of neighbourhood services and legislation providing for up-wardly centralized control rather than downup-wardly decentralized authority the efficacy of such advisory committees would seem to be very dubious.

V INVENTORY OF LEGISLATION Introductory Note

The above analysis has been the result of a review of all legislation governing neighbourhood services. A list and a brief summary of the

legislation is now provided so that it may serve as a backgrotmd for further discussions by the Neighbourhood Services Work Group. It has been impossible to include much detail in this summary. It is anticipated that as other aspects of the Group's research are brought together, and as the Group decides with which areas of legislation it is most concerned, further details will be presented. It should be noted as well, that

federal legislation merely facilitating the transfer of revenue to the provinces for certain purposes without control over the programmes de-veloped for those purposes is not included. Moreover, the federal

15

-goveniment in appropriating funds for its various departments may appro-priate moneys for programmes to be administered by those departments. These programmes, although they may be an important part of neighbourhood services, are not governed by legislation and thus have not been included in this study. Finally, this summary contains no comprehensive list of "legislation" passed by the City of Toronto or the Metropolitan Council. The reason for this is twofold. Firstly, legislation at the municipal level in the form of by-laws and minutes is very detailed in nature and does not lend itself to condensation in any meaningful way. As well, it is for the most part not legislative in character but rather the imple-mentation of provincial policies. This list does, however, include a number of items from municipal by-laws and council meetings to indicate the nature of municipal enactment. It is hoped that any examination of the provision of services will more readily reveal the import of mUn.ici-pal "legislation".

I Social Welfare Services

A . Government of Canada

1. Adult Occupational Training Act, R.S.C. 1970, c. A-2, as amended.

This Act provides that where a person has been out of school for a year subsequent to the regular school leaving age he may be enrolled in an occupational training course. The federal government by agreemmt may reimburse the province or a mllllicipali ty for the costs of retraining while th~_!_ra_ine_~_i_s~~'-0:<!~<!_ wi_t_ll._3.ll __ a.l.l_owance _cl\lring_his _!!ain:i_~g_. The

federal government may also enter into an agreement with the province regarding the establishment of training centers.

2. Blind Persons Act, R.S.C. 1970, c. B-7.

The Minister of National Health and Welfare may enter into agree-ments with the provinces to share in payagree-ments to certain blind persons over 17 years of age. An advisory board is also provided for in order to make recommendations respecting amending the regulations under the Act.

3. Canada Assistance Plan, R.S.C. 1970, c. C-1.

The Minister of National Health and Welfare is enabled to enter into agreements with the provinces to make contributions to certain provincial and municipal costs of welfare. The Act also provides for federal con-tributions for projects to train certain unemployables.

17

-4. Canada Manpower and Immigration Cotmcil Act, R.S.C. 1970, c. C-4. A Manpower and Immigration Cotmcil is established to advise the

Minister. Advisory Boards may also be established to advise the Council in certain matters such as adult and occupational training. Regional and

local manpower committees are also provided for.

5. Canada Pension Plan, R.S.C. 1970, c. C-5, as amended.

1his Act provides for certain benefits to certain persons tmder the Canada Pension Plan. An advisory committee is also established.

6. Company ofYotmg Canadians Act, R.S.C. 1970, c. C-26, as amended. 1his Act establishes a corporation to support, encourage and

develop programmes for social, economic and commtmi ty development any-where in Canada.(To be repealed.)

7. Disabled Persons Act, R.S .c. 1970, c. D-6, as amended.

1he Minister of National Health and Welfare may enter into an agree-ment with the provinces to share the costs of paying certain benefits to certain totally and permanently disabled persons. An arlvisory board to make reconnnendations with respect to the regulations is provided for.

8. Family Allowances Act, 1973, S.C. 1973, c. 44.

1his Act provides for taxable payments for certain children which may be varied within certain limitations by the provinces.

9. Government Employees Compensation Act, R.S.C. 1970, c. G-8. This legislation provides for compensation to certain employees tmder federal jurisdiction who are injured or afflicted by a disease as a

determine benefits under the Act as for any other employee, but com-pensation is paid by the federal government. There is also provision for the promotion and encouragement of accident prevention and safety.

10. Old Age Security Act, R.S.C. 1970, c. 0-6, as amended. This Act provides for the payment of monthly pensions to certain persons 65 years of age and older. Arrangements can be made with the provincial governments for federal distribution of similar or supple-mentary provincial benefits which the provincial governments subsequently reimburse to the federal government. A guaranteed adjustable income

suppl~ment and spouse's allowance are included in the provisions of

the Act.

11. Pension Act, R.S.C. 1970, c. P-7, as amended.

This Act provides for the payment of pensions or certain other benefits to certain veterans, their dependants, or beneficiaries and sets up a Commission to administer the Act.

12. Pension Benefits Standards Act, R.S.C. 1970, c. P-8, as amended. This Act provides for the registration of pension plans of employees under federal jurisdiction by the Superintendent of Insurance.

13. Unemployment Assistance Act, R.S.C. 1970, c. U-1.

This legislation enables the Minister of National Health and Welfare to enter into agreements with any province for the sharing of up to 50% of certain unemployment assistance costs.

14. Unemployment Insurance Act, 1971, S.C. 1970-71-72, c. 48, as amended.

The Unemployment Insurance Commission is continued by this Act to administer the provisions of the Act which basically sets up the tmem-ployment insurance scheme in Canada and determines benefits under it.

19

-1he Act also provides for the development and administration of a pro-gramme to assist claimants to seek employment and for the continuation of the National Employment Service of the Minister of Manpower and

Immigration.

1he Act makes provision for regional offices, the collection and dissemination of information and the establishment of advisory committees to the Commission.

15. Veterans Benefit Act, R.S.C. 1970, c. V-2.

1his is an administrative act providing for certain benefits found in other legislation.

16. Veterans Insurance Act, R.S.C. 1970, c. V-3.

1his legislation enables the Minister of Veterans Affairs to provide for life insurance of up to $10,000 for certain veterans and their widows.

17. Veterans' Land Act, R.S.C. 1970, c. V-4.

1his Act provides for assistance to veterans for the purposes of land settlement, home construction and farm improvement.

18. Veterans Rehabilitation Act, R.S.C. 1970, c. V-5.

1his Act provides for the payment of allowances to veterans who are awaiting returns from a busi:ness or are taking training courses. 1he Act also provides for the payment of the cost of training courses.

19. Vocational Rehabilitation of Disabled Persons Act, R.S.C. 1970, c. V-7.

This Act enables the Minister of Manpower and Immigration to enter into agreements with the provinces for up to six years for contributions of up to 50% to the province of the cost of vocational rehabilitation of

disabled persons. This programme is to be co-ordinated with corres-ponding programmes in Heal th and Welfare and to encourage research in conjtmction with the provinces.

20. War Veterans Allowance Act, R.S. C. 1970, c. W-5.

This Act provides for allowances to certain war veterans and to certain of their dependants or beneficiaries. 1be Act further provides for administration by regional district authorities from which there is an appeal to the War Veterans Allowance Board with respect to entitle-.roont to benefits.

B. Province of Ontario

1. 1be Alcoholism and Drug Addiction Research Foundation Act, R.S.O. 1970, c. 18.

This Act establishes a foundation to be appointed by the Cabinet, to tmdertake programmes in research, treatment, rehabilitation,

ex-perimentation, and dissemination of information with respect to alcoholism and drug addiction. 1be fotmdation can establish hospitals and centres for these purposes and can make agreements with other institutions with respect to them. The Foundation can also, with the approval of the Cabinet, appoint an advisory board.

2. 1be Blind Persons Compensation Act, R.S.O. 1970, c. 46. This Act provides for lower Workmen's Compensation assessments to be levied against employers who employ blind persons with the authorization of the Canadian National Institute for the Blind. It also provides for the province to compensate the fund or an employer for certain benefits paid to a blind workman.

21

-3. The Charitable Institutions Act, R.S.O. 1970, c. 62.

This Act provides for provincial approval and regulation of any corporation not goveITied by another Act which wishes to provide for residential, sheltered, specialized or group care for individuals.

Once a corporation is approved by the province it is eligible for provincial ftmding. The regulations set out the approved institutions and the minimum requirements for operating a charitable institution.

4. The Child Welfare Act, R.S.O. 1970, c. 64,as amended. This Act provides for provincial approval and regulation of

Cllildren's Aid Societies in muni~ipalities. 'I'JH)se so~ieties ar~ in turn to be ft.mded by the Province and by the mmicipali ties within which they are located. With respect to Metropolitan Toronto the approved societies are Metropolitan in scope and the mtmicipality which, t.mder the Act, must contribute to them is the Mt.micipali ty of Metropolitan Toronto.

The Children's Aid Society is to investigate, protect, provide care for, supervise the adoption of, and aid children. Basic standards with respect to these matters are found in the regulations of the Act and the Province's Director of Child Welfare oversees the societies. A Board of Directors elected by the society is to govern the society which also determines the number of directors although at least four must be rep-resentatives of Metropolitan Toronto. The Children's Aid Society must have its estimates approved by Metropolitan Toronto but if that approval is denied provision is made under the Act for an appeal to a Welfare Review Committee representing the Province, the Society and the Municipality.

The Committee may make recommendations but the Minister has ultimate authority to approve the estimates, the cost of which are shared by

the Province and Metropolitan Toronto in accordance with the regulations. 5. The Children's Boarding Homes Act, R.S.O. 1970, c. 65.

This Act provides for provincial regulation of premises where five or more t.Dlrelated children are lodged in premises which are not other-wise provincially regulated. Regulation and registration is by the

Registrar of Children's Boarding Homes.

6. The Children's Institutions Act, R.s.o. 1970, c. 66, as amended. This Act provides for the provincial registration and control of buildings in which children are kept. Any corporation may be approved to set up such a home and would therefore be eligible for provincial grants. Wide regulating powers control such i terns as space, food and personnel.

7. The Compensation of Victims of Crime Act, S.O. 1971, c. 51, as amended.

This Act establishes a provincial tribt.Dlal, the Law Enforcement Compensation Tribt.Dlal, to make periodic or lump sum payments to certain victims of crime who apply for such compensation.

8. The Construction Safety Act, S.O. 1973, c. 41.

This Act enforces construction safety regulations made t.Dlder it and overrides any mt.Dli cipal by- laws with respect to construction safety. The province enforces the regulations through its own inspectors who may make orders to prevent breaches of the regulations.

23

-9. The Day Nurseries Act, R.S.O. 1970, c. 104, as amended.

Under this Act only Metropolitan Toronto may establish day nurseries. The Act provides for an 80% provincial contribution to such nurseries, and further provides that Metropolitan Toronto may enter into agreements with individuals for the provision of such services. As wel 1 the province can approve a private corporation to provide day nurseries; such a corporation is then eligible for provincial flll'lding. By the Act the province

maintains control over the standards of day nurseries and may inspect them and revoke licen~es. An appeal from such revocation is provided.

10. The EmploymeHt Standards Act, S.O. 1974, c. 112.

This Act provides for the general regulation of working conditions and is administered by the Director of Employment Standards. Orders may be made to enforce the regulations and a referee is provided for

to reconsider such orders.

11. The Family Benefits Act,R.S.O. 1970, c. 157, as amended. This Act enables the Province of Ontario to make payments for assistance in conjlll'lction with the Canada Assistance Plan. The Act sets out the basic allowance to which certain persons are entitled. The Plan is administered solely by the province; application must be made in order to receive benefits, and an appeal to a Board of Review and thence to the Supreme Court of Ontario is provided for regarding entitlement. The Act grants wide powers to the province for the establishing of regulations regarding entitlement to benefits.

12. The General Welfare Assistance Act, R.S.O. 1970, c. 192, as amended.

Under this Act the p.rovincial government and mtmicipali ties may enter into agreements for the provision of welfare services. Moreover

the mllllicipalities are obliged to provide assistance in accordance with the regulations. The cost of such assistance is shared by the province and the mllllicipality upon the condition that the municipalities conform to the regulations. A municipality ""'""'" 1ua.7 ~T'\T'\t"\;n+ ~ f;l..t'.t'""'..L"I."' - 1 ... ... _ ... _ ... _ r,::l.l.f='!IT"'~ administrator,

subject to the Minister's approval, and the entire system is subject to provincial control through the Provincial Director of Welfare. The Act further provides for an appeal to the provincially appointed Social

Assistance Review Board with respect to entitlement. Note: Mllllicipality by virtue of The Mllllicipality of Metropolitan Toronto Act means the

Municipality of Metropolitan Toronto.

13. The Homemakers and Nurses Services Act, R.S.O. 1970, c. 203, as amended.

This Act provides for overall provincial regulation and supervision of homemaker and nurses services through the Director of Homemaker and Nurses Services who may also advise mllllicipal welfare administrators regarding these services. It should be noted that although llllder the Act application is made to the municipal administrator for services, and although a mllllicipality may provide such services by entering into agree-ments, the Act and regulations set out when such services can be provided by the mllllicipality, what fees are to be paid for services, and what the provincial share of subsidized services will be. Regulations, furthermore, define services and qualifications llllder the Act. Note: By virtue of The Municipality of Metropolitan Toronto Act, municipality under this Act means Metropolitan Toronto.

.... 25

-14. The Homes for Retarded Persons Act,

R.s.o.

This Act defines a home for retarded persons as an institution, not governed by another act, which is maintained and operated by a corporation approved by the province for the residential accommodation of retarded persons. Corporations or individual homes may be approved for the purposes of this Act by the Cabinet and no homes may be operated without approval. Furthermore the by-laws of an approved corporation must be approved by the Minister. Once approval has been granted

however, the Cabinet can authorize grants of up to a limit of $5,000 per bed for capital costs and of 80% of operating costs. Regulations are passed to set standards for approval.

15. The Homes For Special Care Act, R.S.O. 1970, c. 205, as amended. This Act provides for provincial establishment of homes for persons requiring nursing, residential or sheltered care and for provincial approval of any institution, building or other premises or place for use as such a home. Where an institution is approved the province may make grants to it as prescribed in the regulations. Moreover, those institutions not approved or established by the province must be licensed under the Act.

16. The Homes for the Aged and Rest Homes Act, R.S.O. 1970, c. 206, as amended.

Under this legislation a city must establish at least one home for the aged in accordance with provincial standards. It may establish rest hones. Furthermore, a building cannot be acquired, erected or altered until a need for it has been established to the satisfaction of the

in accordance with the regulations and any home must, tmder the Act, be supplied with recreational equipment by the mtmicipali ty in accordance with the re~Jlations. The Act also stipulates persons eligible for

admittance to such homes. The province is to share the capital costs of such homes, contribute to their operating costs, and contribute to the placement of persons in provincially approved homes by the mtmici-pali ties when the mllllicipal home is overcrowded. Note: By virtue of The Mtmicipality of Metropolitan Toronto Act, mllllic:ipality in this Act means Metropolitan Toronto.

17. The Industrial Safety Act, S.O. 1971, c. 43,as amended. This Act is similar to The Construction Safety Act but provides for provincial inspection with respect to industrial safety.

18. The Liquor Control Act, R.S.O. 1970, c. 249.

The Liquor Control Board of Ontario is established by this Act to totally regulate the sale and distribution of alcoholic beverages in the province. The Board can decide in which mllllicipalities there may be stores and make regulations regarding sale and distribution with the approval of the Cabinet. Section 68(2) enables police officers to take persons folllld drllllk in a public place to a detoxication centre designated by the Board.

19. The Motor Vehicle Accident Claims Act, R.S.O. 1970, c. 281, as amended.

This Act establishes a flllld against which motor vehicle drivers may claim compensation for damage caused by the negligence of an llllinsured or llllknown motorist. It is administered by the Registrar of Motor Vehicles of the Province.

-: 27 ~

20. The Mmicipal School Tax Credit Assistance Act, R.S

.o.

c. 285. '

This Act enables municipalities and school boards to grant credits of up to 1/2 of the property taxes (to a certain maximmn), payable by

certain persons. Provision is made for a lien on the land of the

person credited to the Treasurer of Ontario and the province compensates the mmicipality for the amomt of the credit.

21. The Mmicipal Elderlr Residents Assistance Act, S.O. 1973, c. 154.

This legislation expands the amount of credit for tax purposes that may be provided.

22. The Municipal Act, R.S.O. 1970, c. 284.

By section 351(1) of this Act a City may establish institutions to reclaim habitual drl.Ulkards and provide that the local courts within the mmicipality send drl.Ulkards to the institutions. Under this Act, as well, a m1micipality may establish a farm in the comtry and may aid in maintaining indigents, or persons in homes for the aged or in institutions for the mentally ill, dumb, blind or deaf.

23. The Mmicipal Unemployment Relief Act, S.O. 1971, c. 14.

A municipality, under this Act, can enter into an agreement with a property owner to perform work at municipal expense on his property in furtherance of a plan approved by the Minister.

24. The Municipality of Metropolitan Toronto Act, R.S.O. 1970,

c. 295, as amended.

Under this Act, Metropolitan Toronto is deemed a mmicipality for the purposes of the fol lowing Acts:

The Day Nurseries Act

The Homemakers and Nurses Services Act The Homes for the Aged and Rest Homes Act The General Welfare Assistance Act.

Moreover the area mtmicipalities cannot exercise any authority under those Acts. Section 160 of this Act also enables the Metropolitan Corporation to provide any additional welfare assistance which is not govellled by legislation.

25. The Ontario Guaranteed Annual Irtcorile Act, S.O. 1974, c. 58. The province tmder this Act pays a certain income supplement to "eligible persons" to ensure a basic income. This benefit must be

applied for and regulations prescribe amounts paid and evidence required upon application.

26. The Ontario Human Rights Code, R.S.O. 1970, c. 318, as amended. This Act prohibits certain discriminatory practices and establishes the Human Rights Commission, appointed by cabinet to investigate com-plaints and to effect a conciliation if possible. The Commission also has powers to make any order to effect a remedy for the breach of the statute.

27. The Pension Benefits Act, R.S.O. 1970, c. 342.

This Act establishes the Pension Commission of Ontario which is to promote the establishment, extension and improvement of pension plans and to facilitate their registration which is required tmder the Act.

28. The Vocational Rehabilitation Services Act, R.S.O. 1970, c. 484, as amended.

Under this legislation the Province, with the federal government or any other person or organization may provide vocational rehabilitation training. Any approved organization may receive provincial grants to

29

-provide such training. By regulation, eligibility for the programme is detennined as is the nature and extent of the programme.

29. The Welfare Units Act, R.S.O. 1970, c. 494.

Under the provisions of this Act a mtmicipality may establish

welfare tmi ts and the province may make regulations governing such tmi ts and will contribute 50% of the cost of administrating welfare matters in the mtmi cipali ty.

30. The Workm~'s Compensation Act, R.S.O. 1970, c. SOS, as amended. This Act establishes a ft.m.d for the payment of compensation to

certain workers injured or suffering from a disease as a result of their employment. It replaces the worker's common law right of action and is administered by the Workmen's Compensation Board. The legislation

provides for categories of losses and the Board is empowered to establish rates of compensation for those losses.

'The Board is appointed by the cabinet and is also involved with assessing employers for payment into the compensation ft.m.d. The Board may establish an advisory cot.m.cil. The Act also provides for an appeal from decisions of the Board.

C. Private Legislation

1. City of Toronto Act, 1948.

The City of Toronto may pass by-laws for establishing and maintaining day care centres or for granting 100ney to centres. It may fix the fees to be charged by such centres.

2. City of Toronto Act, 1972 and 1975.

The City may remove snow from sidewalks in front of, alongside of, behind, and up to the front step of buildings owned by a class or certain classes of persons. This is to enable the City to assist, without charge, elderly persons in removing snow.

3. City of Toronto, 1946 (No. 2).

The City may acquire, establish, construct, operate, equip and maintain homes for the aged, and may pass by-laws to regulate the homes and their rates.

4. City of Toronto Act, 1948.

The City may provide for tax credits with respect to the educational portion of the property tax in certain circumstances.

D. Examples of "Legislation" of the Muriidpality of Metropolitan Toronto and the City of Toronto

(i) Metropolitan Toronto 1. Homes for Aged.

Such homes are established by separate by-laws for each home. For example, By-law #8-72 provides for the purchase of land and construction of a home on Christie Street.

2. Day Nurseries.

By-law #3147 establishes certain day nurseries Wlder The Day Nurseries Act.

3. Cash Supplementation Project for Fully Employed Low Income Families

(Council Minutes October 7, 1975).

Metro 31 MetroMetro

--politan Cotmcil was adopted to enable the mtmicipality to provide certain cash supplements to the working poor.

4. Purchase of Service Agreements with Private Day Care centres

(Council Minutes September 23, 1975).

The adoption of this report enables the Corporation tmder The Day Nurseries Act to purchase day care services from private non-profit organizations while obtaining provincial subsidization of the cost.

5. Vacation Care Programme (Cotmcil Minutes May 12, 1975).

The Corporation authorized by these minutes, the establishment of a programme whereby persons, eligible for admission to a home for the aged, might be cared for in a private home for a maximum of four weeks. The programme is to be subsidized tmder the provision of The Homes for the Aged and Rest Homes Act.

6. ApPointment of Metropolitan Representative to Committee of Review tmder the Child Welfare Act

(Cotmcil Minutes August 27, 1975).

By adoption of Report No. 34 of the Metropolitan Executive Committee, an appointment was made to the Child Welfare Review Committee established tmder The Chi Id Welfare Act.

7. Purchase of Nurses and Homemaker's Services (Council Minutes January 30, 1975).

By adoption of this report the Corporation agreed to continue to purchase certain services and to purchase new services.

8. Renewal of Hostel Agreements. (Council Minutes January 23, 1975).

By adoption of this report under The General Welfare Assistance Act. the Corporation agreed to purchase from private organizations temporary shelter for persons in need.

(ii) City of Toronto

No general legislation of consequence was discovered with respect to social welfare legislation.

33

-II Educational Services

A. Government of Canada

1. Canada Student Loart Act, R.S.C. 1970, c. S-17.

1his Act enables the federal government to guarantee loans by a bank to a student subject to certain provisions respecting annual and aggregate maxima, the payment of interest, and repayment of interest and capital.

B. Province of Ontario

1. 1he Apprenticeship and Tradesmen's Qualification Act R.S.O. 1970, c. 24, as amended.

1his Act regulates examination and training for apprenticeships by the Province. Wide powers are present in the Act for the examination and inspection of programmes and for cancelling contracts of apprenticeship. Interprovincial examinations may be authorized under the Act and trade schools are licensed and controlled with respect to their programmes. A provincial advisory body is authorized under the Act.

2. The Education Act S.O. 1974, c. 109.

This Act establishes the system of education at the primary and secondary level in both public and separate schools. The Act provides for wide Ministerial control with respect to prescribing diplomas, courses of study, curriculum guidelines, and areas of study. Indeed virtually all aspects of education may be controlled by the Minister, and this authority is further enhanced by the province's major contribu-tions towards educational expenses under the regulacontribu-tions of the Act. It should be noted with respect to provincial funding that under the Act any

provincial contribution to lessen the educational burden of taxes must be used for that purpose and Board estimates must be lowered accordingly.

Boards of Education are generally empowered to establish courses outside those prescribed by the Minister but they must be approved by him. Tile Minister has authority to select books, prescribe forms for registration of attendance and grant letters of standing and permission for teachers. Tile regulations may allow the Boards to set holiday dates within guidelines provided by the regulations. Tile Act further provides for inspection and registration of private schools, and for the establish-ment by Boards of schools for the deaf and the blind.

Requirements for school attendance are established by the Act to be enforced by the Province and/or Board counsellors. Education under the Act must be administered in a municipality by one School Board for both secondary and public schools. Tile Board is generally to ensure that the schools are conducted in accordance with the Act and regulations. It may appoint teachers and principals, transport children, appoint super-visors qualified under the Act, appoint psychiatrists and psychologists, and prescribe the number and kinds of schools and attendance areas. Tile Board must report to the Minister on all these matters. A local Board also has authority to operate school grounds as a park, playground or skating rink provided the proper conduct of schools is not interfered with. As well there is provision for authorizing the organization and carrying on of gym classes in the schools for non-students.

Boards are further empowered to purchase milk, provide school sup-plies as required by the Act, establish libraries and resource centres, kindergartens, cadet corps, guidance instruction, evening and summer

35

-classes, fences around school yards, cafeterias, and to contribute to school fairs, and to authorize school activities for the welfare of the children. Furthermore, the Boards are empowered to enter into agreements with municipalities for sharing both the use and cost of construction of portions of school buildings for community purposes. Moreover where an agreement provides for the construction and use of a facility which comes within the definition of a community recreation centre under The Community Recreation Centres Act then the Minister of Community and Social Services may consider such a facility as a centre eligible for grants under that Act.

Boards are further authorized to establish vocational studies in one or more schools and establish an advisory committee with respect to such studies. They may as well enter into agreements with other boards for sharing facilities, teachers, personnel, and transportation facilities and have the power to expropriate within the municipality in accordance with The Expropriations Act.

Boards are empowered to establish a school advisory committee which shall be composed of three members of the Board, the chief education officer, six teachers, and four other persons resident within the munici-pality, to be appointed by the Board. The committee may make recommenda-tions to the Board regarding matters pertaining to the schools, not in-cluding salary or personnel issues, and the Board must consider the re-ports and hear the committee.

Meetings of the Board are to be open unless the Board directs other-wise, and there is to be public access to the minute book of the Board, the audited annual financial report, and the current account statement.

The Act goveTils the Board's relationship with its teachers and scribes the duties of the teachers which include "to inculcate by pre-cept and example respect for religion, and the principles of

Judeo-Christian morality and the highest regard for truth, justice, loyalty,

love of country, humanity, benevolence, sobriety, industry, frugality, purity, temperance, and all other virtues". The language of instruction must be in English or French except in certain circumstances and there is, of course, provision for both public and separate school boards.

3. The Municipality of Metropolitan Toronto Act, R.S.O. 1970, c. 295.

This Act superimposes upon the system as described under The Educa-tion Act a Metropolitan School Board made up of the Metropolitan Chairman, a certain number of representatives of the local boards in the area

municipalities and representatives of the Metropolitan Separate School Board. Although the Metropolitan Board is charged with providing schools for the blind and the deaf, and with teaching trainable retarded children, its main function is to review the plans of the local Boards with respect to the provision of education and to approve their estimates. The Metro-politan Board is to pass on approved estimates to the MetroMetro-politan

Council which must levy the amounts on behalf of the Board. The moneys so raised are to be paid to the Metropolitan Board and in turn by it to the area or local boards.

Provision is also made in the Act for a local board to seek from the local council in the area municipality in which it has jurisdiction, additional funds to a certain maximum where the Metropolitan Board has not approved the total estimates of the local Board. There is also

37

-provision for an appeal to the Ontario Municipal Board where Metropolitan Board approval has not been given. The Metropolitan Corporation is to issue all debentures for the Metropolitan and local boards and again an appeal to the Ontario Ml.Lnicipal Board is authorized for area boards where the Metropolitan Board refuses to request the issuance of the debentures. As well the Metropolitan Board may establish a unified school building construction programme upon the approval of one or more area boards, and may purchase lands for area boards.

One final note of interest should be added. Under this Act councils of area municipalities may grant area boards moneys for the construction of pools on board property and an agreement can be entered into with respect to the use, maintenance and operation of such pools.

4. The Metropolitan Separate School Act, 1953.

Under this Act the Metropolitan Separate School Board was established by agreement with the then various local boards. This Board thus func-tions as a local Board except that it has jurisdiction over the Metro-politan Municipality.

5. The Ministry of Colleges and Universities, S.O. 1971, c. 66. The Minister, with cabinet approval, under this Act, may establish incorporated colleges. The Ontario Council of Regents is to advise him regarding this. Regulations may also be passed under this Act respecting student grants and loans and also with respect to paying moneys to univer-sities, colleges and other post-secondary school educational institutions.

6. The Ontario Institute for Studies in Education Act, R.S.O. 1970, c. 319.

under direction of a Board of Governors, appointed by the cabinet. The Institute is to undertake research, disseminate information, and provide courses in education.

7. The Private Vocational Schools Act, R.S.O. 197~ c. 363.

This Act provides for the licensing and regulation of private voca-tional schools by the Province.

8.TheUniversity Expropriations Powers Act, R.S.O. 197~ c. 473.

Under this Act the University of Toronto is empowered to expropriate and is an approving authority for the purposes of The Expropriations Act.

9. The University of Toronto Act, S.O. 197~ c. 56.

This Act continues the University of Toronto and places its govern-ment in the hands of a governing council which is composed only of repre-sentatives of the academic community.

C. Private Legislation

See, The Metropolitan Separate School Act,1953, supra.

D. Examples of "Legislation" of the School Boards with jurisdiction in the City of Toronto

The Boards do not pass by-laws but rather adopt policies for govern-ing the schools within the regulations and statutory provisions of The Education Act. Agreements are also entered into to exercise powers. For example, agreements have been entered into between the City of Toronto and the Toronto Board for the sharing of facilities.