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Municipal Facts, Figures, and History - The History of Municipal Government in Nova Scotia
Local government in Nova Scotia was slow to develop. In the early years of the colony, those in power, both in London and in Halifax, did their best to stifle any attempts to put into general effect the system of town meetings that many of the early colonists had brought with them from New England. The governor and council prescribed local administrative arrangements, and appointed most local officials. In accordance with the English practice of the time, the provincially-appointed justices of the peace, meeting in the courts called general or quarter-sessions, performed judicial functions and local government functions. These justices made regulations and appointed officials to provide such services as poor relief (welfare), roads and bridges, schools, and some regulatory services such as fence viewing and checking weights and measures.
The grand jury, another aspect of the court system, was composed of those who owned property of a fairly high value, chosen by lot from among their fellows. The grand jury nominated persons for office, presented the estimates of the sums that they considered were necessary to carry on local government, and periodically checked the adequacy of the system. There was thus some local representation, though not democratic the way we use the term today. Historians disagree on just how representative the system was. One considers it a very unrepresentative system based on wealth and privilege, and dominated by the government in Halifax. Another, of equal reputation, considered that the grand jury was fairly representative and that the justices would not go against the wishes of the majority of people. It was a long way to Halifax in those days, and the justices had to remain on good terms with their neighbors. In any event, the grand jury and court of sessions systems prevailed in local government, with relatively few changes, until 1879. There were substantial efforts made to obtain elected local governments, but they had no effect on the Legislature, which was dominated by members from Halifax who thought in the English manner. As well, the governor had been instructed that the New England model, which was based on town meetings, was to be rejected in the new colony. The English government attributed some of the unrest in the American colonies to their unfortunate habit of meeting together and airing their grievances. The legislature steadfastly refused to incorporate Halifax as a city until 1841, when Joseph Howe finally achieved one of his life-long ambitions. Many of the New Englanders who settled in Nova Scotia, and who had been promised the same liberties as they had had at home, were greatly disturbed by the absence of any form of local government. From the influx of the Loyalists in 1784 until the late 1830's there was little additional pressure for more responsible local government. Even in Halifax, where there was substantial local support for the concept of a locally-elected council, incorporation was not achieved until 1841. Outside Halifax, where local support was very low, it was even more difficult to establish elected local governments. An attempt to permit counties to incorporate if they chose to do so was rejected by all counties except for Yarmouth. However, Yarmouth incorporated in 1855 and dissolved in 1858. All other attempts to incorporate had failed since the ratepayers refused to support it. Generally, the more settled areas favoured incorporation and the more remote areas feared the additional taxation that incorporation was likely to bring. The optional incorporation legislation remained a dead letter after the initial brief flurry of excitement, and municipal government continued to be, for all practical purposes, run by appointed officials levying compulsory rates for minor services. This period has been described succinctly as follows: Originally those who desired local self-rule could not wrest it from the central government at Halifax; later their descendants would not accept the responsibilities which the central government and legislature were anxious to confer upon them. The first extensive creation of local governments came from the County Incorporation Act of 1879. This Act established 24 rural municipalities on the basis of boundaries used by the Sessions, essentially for court purposes. These boundaries had been fairly firmly established by 1863, and except for minor adjustments have never been changed since. The one exception is a relatively small change to move the Mattie Settlement area from Guysborough to Antigonish. These rural municipalities ensured that all of Nova Scotia was covered by some form of elected municipal government. The rural municipalities took over the local government powers formerly exercised by the justices and grand juries. The main object of the statute was to compel the counties to tax themselves directly to keep up their roads and bridges. Ironically, the first restrictions on municipal road monies were imposed soon after 1879, and by 1907 the entire expenditure on roads was reassumed by the province. Municipal contributions to provincially-maintained roads continued in the form of a highway tax on municipalities until 1957. A proposal to require rural municipalities to take over substantial road responsibilities in the early 1990's was essentially blocked with a very few local roads being reconveyed to municipalities. The creation of elected local governments increased property taxation, which is hardly surprising given the reason for the establishment of the rural municipalities, and proved to be highly unpopular. The Municipality of the District of Yarmouth petitioned to revert to its former status, as an unincorporated township, early in the first year of its operation. It is questionable how active some of the early rural municipalities actually were. The journals of the House of Assembly indicate that in 1880, only 15 of 24 rural municipalities filed the abstract of receipts and expenditures as required by the legislation. In 1881, 16 filed the abstracts, and in 1882, 18 did so. It is interesting to note that these 18 did not include three rural municipalities that had filed the required abstracts in previous years, indicating that at least 21 of the 24 rural municipalities functioned to some extent in the first three years. Over time, the rural municipalities became strongly cemented in the political fabric of the province, and still provide the basis of municipal government in large parts of Nova Scotia. In spite of the fact that boundaries were uncritically determined on the basis of the existing sessional districts, the boundaries acquired a character rendering them almost impervious to change. The rural municipal units of local government were unable to deal with the problems of and the services demanded by the people dwelling in the more densely populated areas. Five towns had been incorporated by Special Act of the Legislature prior to 1879, and three more were incorporated before general incorporating legislation was passed in 1888. There have been 45 towns incorporated in Nova Scotia over the years, the last before Bedford in 1980 having been in 1923. Two towns have since become cities, and four have found the burden of town organization too heavy for their populations, and have reverted to the rural municipality. In 1995, the first of three regional municipalities (Cape Breton) was established. Halifax and Region of Queens followed in 1996. In each case, all municipalities, villages and commissions within the county were merged into a single new municipal structure. As of this writing (December 2003), there are three regional municipalities, twenty-one county or district (rural) municipalities and thirty-one towns. Villages have been incorporated under general legislation since 1923, however, since the Municipal Government Act came into effect in 1999 it has not been possible to incorporate any new ones. A few special commissions exist under special acts to provide particular services, mostly fire protection, a role now commonly covered by rural fire districts. The Union of Nova Scotia Municipalities was founded in 1906 to further municipal interests through cooperative action. The Union acts as an influential pressure group attempting to reduce the financial burden on its members, and to protect their autonomy from provincial encroachment. As a result of early successes, every municipality became a member, and that record remains substantially Intact. This record is unique among Canadian provinces. The provincial government consults with the Union before finally implementing any major changes in municipal legislation or finance. The Department of Municipal Affairs was established in 1935, after almost 20 years of sustained pressure from the Union. Its initial functions were to exercise stricter control of municipal capital finance, particularly with respect to borrowings. This department is now the Municipal Relations Division of Service Nova Scotia and Municipal Relations. Municipal finances continue to be based primarily on the taxation of real and personal property and on provincial grants. In 1971 the poll tax, which had been compulsory from 1855 to 1966, was abolished. Updated December 2003, Municipal Relations Division, SNSMR |
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