Between Expansion and Preemption: Canadian municipal powers in an age of infrastructure deficit

Abstract

This text explores the status of municipal powers in Canada amidst ongoing and complex legislative and judicial changes. It examines this issue from a legal perspective, focusing on the infrastructure deficit and highlighting two conflicting trends: expansion and preemption. Over the past thirty years, provinces and courts have significantly expanded municipal powers. However, municipalities still frequently encounter reminders of their subordination to provincial control, similarly to what is referred to as preemption in the United States, a concept also relevant north of the border. As Canada faces unprecedented challenges, including an infrastructure deficit, effective solutions will often involve municipalities. A deeper understanding of their powers and the trends shaping them can help identify the best ways forward.