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Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn

Osgoode Hall Law Journal

In 2013, under threat of a resident petition and, at worst, an Ontario Municipal Board (OMB) order that would unilaterally impose new electoral districts, the City of Toronto embarked on its first ward boundary review (WBR) since the enactment of the City of Toronto Act, 2006 (COTA). The WBR highlighted the scattered application of subsidiarity within Canada’s federation. Under the notion of federalism enshrined in the Canadian Constitution, municipalities are granted only those powers that derive from provincial legislation. However, the Supreme Court of Canada has invoked the European principle of “subsidiarity” to reframe municipal authority over local issues. The …