Professional LLM Specializing in Municipal Law
Course Descriptions*
Municipalities in a Legal and Policy Context
[GSLaw 6111] [6 credits]
This course provides a framework for understanding
the nature of municipalities and their changing
relationship with senior levels of government and with
other entities. It examines six main areas of Municipal
law: (1) Municipal Corporations, (2) Municipal
Governance, (3) Municipal Structure, (4) The Nature
of Municipal Powers and Responsibilities,
(5) The Constitutional Status of Municipalities,
and (6) Municipalities and Other Agencies.
The Widening Scope of Municipal Jurisdiction
[GSLaw 6113] [6 credits]
This course investigates and reviews the role of
municipal governments in
decision-making and
implementation of programs involving the exercise of
legislative and other powers. It will cover a number of
areas highlighting the scope of municipal jurisdiction
in the 21st century, including: examining the source of
municipal powers and the manner through which such
powers are conferred upon them and their various local
agencies, boards and commissions; reviewing principles
of statutory interpretation that have evolved through
judicial interpretation of municipal powers; assessing
the ways by which the exercise of municipal powers
and authority have been attacked through a range of
court proceedings; exploring principles regarding the
effectiveness of the exercise of municipal powers; and
focusing on current trends in judicial interpretation of
municipal legislation.
Ethics and Municipalities [GSLaw 6112] [3 credits]
This course discusses and analyzes ethical issues
affecting the work of Canadian municipalities. The
study of ethics addresses the most profound and
fundamental human values regarding what is or is
not proper conduct. Municipalities are not immune.
Public inquiries into the relationships between
municipalities and commercial suppliers have focused
on some of the most important ethical issues facing
municipalities. The course examines issues including
the role of lobbyists, the conduct of municipal staff
in protecting the interests of their municipalities
and informing elected councillors, and the potential
for serious financial loss to the municipality and its
residents when a system of ethical values breaks down or is not enforced. It will also look at the role
of municipal functionaries, codes of conduct for
municipal staff , conflict of interest legislation, etc.
Planning and Development Law
[GSLaw 6114] [6 credits]
Land development contributes dramatically to the
provincial economy and the welfare of its inhabitants.
The exploration of this system is fundamental
to understanding a complex, expensive and time
consuming legislative scheme of processes and required
permissions.
This course examines the implementation, strengths,
weaknesses and dispute resolution processes of
delegated powers. The powers are examined in the
context of the legislative scheme of related statutes
that influence their effectiveness. The distinction
between legislative and discretionary decision-making
is examined; as well, controls are reviewed through
appeal and referral rights to a provincially constituted
planning tribunal, such as the Ontario Municipal
Board. The course is broken down into three main
areas: Principles of Law Applicable to the Conduct of
Land Use Planning and Development; Current Issues
in Land Development, and Shaping Planning and
Development Law for the 21st Century.
Municipal Effectiveness [GSLaw 6115] [6 credits]
This course examines how municipalities function
most effectively to meet their responsibilities and
manage their finances. Municipalities perform a
number of functions, most of which require financing
and involve policy choices regarding expenditures. This
course examines these aspects of municipal law within
the following four areas: (1) Municipal Operations,
(2) Revenue Sources,
(3) Financial Management and
Investment, and (4) Public-Private Partnerships.
Environmental Protection
[GSLaw 6116] [3 credits]
Environmental regulation and control has become of major concern to municipalities as the debate between development and protection is played out in a number of legal arenas. Municipalities play two very important roles that affect the environment: they are the lead regulator of land use planning in the municipality, and they are the proponents of infrastructure for many road, transit, water, wastewater, waste management and energy services. Since 2005, Ontario has introduced a number of new planning regimes, each of which adds complexity to the law and policy framework facing municipalities as regulator and proponent. Virtually all of these new regimes give attention and priority to environmental protection. There are also important federal environmental initiatives affecting infrastructure planning. This course provides a framework for integrating this legal and policy complexity into municipal decision-making. It has three parts. The first part examines municipal jurisdiction over environmental matters. Part two examines the current regulatory framework on the environment and how it affects municipal decision-making, particularly land use decisions. Part Three focuses on federal and provincial environmental assessment and planning regimes and examines how they affect municipal infrastructure planning and decision-making.
Municipal Liability [GSLaw 6117] [3 credits]
This course is designed to explore the unique legal
principles applicable to liability claims against
municipalities framed in negligence, nuisance and
breach of contract, as well as those based upon
statutory causes of action. It focuses on the evolution
of the legal position of municipalities. The course
will also review competing policy considerations that
have influenced the development of the law, as well as
applicable legal principles. A comparative approach
will be employed.
Major Research Paper [6 credits]
A Major Research Paper (MRP) of approximately 70
pages may be completed on any approved topic in Municipal
Law, provided appropriate supervision is available.
The MRP should go beyond merely describing
legal developments to include independent critical
analysis of its subject matter. It should be work
of publishable quality. You will be required, at a
minimum, to submit to your supervisor an outline
and bibliography for approval before writing your
paper. The final paper is marked on a pass/fail basis.
*Curriculum and course descriptions are subject to change. New courses and course changes are subject to Senate approval.
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