Anaya Nolan
In Canada, bylaws are like a subset of laws that are passed by municipal councils and regional district boards to exercise their statutory authority. They are a way for organizations to partially customize laws to suit their unique needs. They cannot erase or contradict federal or provincial laws, but they can add to them. For example, a bylaw may prohibit an activity or require certain actions. In the context of home insurance, municipal bylaws and condominium bylaws are particularly relevant. Municipal bylaws are local rules set by individual communities, such as towns or cities, and they can vary from place to place. Condominium bylaws, on the other hand, are set by each condo building to regulate issues specific to their residents, such as requiring condo owner's insurance.
| Characteristics | Values |
|---|---|
| Definition | Bylaws are a way for organizations to partially customize laws to suit their unique needs. |
| Levels of Government | Federal, provincial/territorial, and municipal. |
| Hierarchy | Bylaws cannot erase or contradict federal or provincial law; they can only add to them. |
| Enforcement | Punishments for breaking bylaws usually take the form of fines, but can include imprisonment in extreme cases. |
| Types of Bylaws | Municipal bylaws, condominium bylaws, zoning bylaws, and land use bylaws. |
| Bylaw Process | Bylaws must pass three readings before becoming law, with separate chances for council to consider, debate, amend, and vote on the bylaw. |
| Bylaw Sources | Bylaws can be found on community websites or in local newspapers. |
| Amendments | Bylaws can be modified to suit the changing needs of an organization. |
| Applicability | Bylaws apply within the boundaries of the municipality that enacted them. |
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![Standing Rules and By-laws of the Municipal Council of the District of Johnstown From 1842 to 1849 [i.e. 1865] Inclusive](https://m.media-amazon.com/images/I/61kmM+pQNbL._AC_UY218_.jpg)
![By-laws of the Municipal Council of the District of Huron, Passed During Their Sittings in February, 1847 [microform]](https://m.media-amazon.com/images/I/61q4BJ-EgpL._AC_UY218_.jpg)
What You'll Learn
Municipal bylaws
In Canada, bylaws are local regulations set by individual communities (towns, cities, villages, etc.) to address their unique needs and circumstances. They are created by municipal governments, governed by municipal councils or boards, and headed by mayors who are elected by residents of the municipality.
Before becoming law, bylaws must pass three readings, which provide council with three separate chances to consider the pros and cons and vote on the proposed bylaw. The first reading is a test of whether council wishes to consider the issue, the second reading allows for debate and amendments, and the third reading is the final chance for debate, amendments, and voting. In some cases, municipalities are required to hold a public hearing between the first and second readings.
When someone breaks a bylaw, the punishment is usually a fine, but in extreme cases, bylaw-breakers can face imprisonment.
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Condominium bylaws
In Canada, bylaws are like a subset of laws. They add to existing laws but cannot remove or contradict them. While laws establish overarching legal principles and standards at the federal and provincial levels, bylaws provide regulations tailored to local needs and circumstances within municipalities.
For example, condominium bylaws can define a standard unit for repair and insurance purposes. They can also stipulate that all owners in the building must have condo owner's insurance. Condominium bylaws can be changed, but this usually requires a majority vote by the building's owners and, in some cases, a supermajority of two-thirds or higher.
It is important to note that condominium bylaws are distinct from municipal bylaws, which are set by individual communities such as towns, cities, or villages. Municipal bylaws can address a broad range of issues, such as setting building codes or governing the sale and possession of certain items.
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Federal, provincial/territorial, and municipal levels
In Canada, bylaws are a way for organisations to customise laws to suit their unique needs. They are like a subset of laws—they add to existing laws but cannot remove or contradict them.
At the federal level, the Canadian constitution gives the federal government the power to make laws about matters such as currency, foreign affairs, and national defence. These laws apply to the entire country.
Provincial or territorial governments then have jurisdiction over matters like healthcare, education, and property rights. Each province or territory sets laws that apply only to themselves, and they cannot pass laws that cancel out federal laws.
Finally, the responsibility is handed down to municipal governments. Since the constitution does not set municipal powers, the laws they create are called bylaws. These are local regulations that govern within their jurisdiction, including property use, public safety, and community standards. They derive authority from provincial legislation and apply within the boundaries of the municipality that enacted them. Municipal councils or boards govern them, and they are headed by mayors who are elected by the residents.
To become law, bylaws must pass three readings. This process allows the council to carefully consider a bylaw before passing it. The first reading is a test of whether the council wishes to consider the issue. The second reading is when the council can debate, make amendments, and vote on the bylaw. The third reading is the final chance for debate, amendments, and voting.
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How bylaws are made
In Canada, bylaws are rules passed by an organisation or public body other than a legislature, such as a municipal government or corporation. They are local laws that cannot be created out of thin air and are authorised by other levels of government, such as the Municipal Government Act and the Traffic Safety Act.
Bylaws are made by municipal councils and regional district boards to exercise their statutory authority. They may be used for various purposes, including establishing meeting procedures, regulating services, prohibiting an activity, or requiring certain actions. For example, a town doesn't have to require business licensing, but if they do, they need a bylaw.
There are legislatively required steps before a local government bylaw takes legal effect. These include three readings, adoption, and sometimes provincial or other approval. The first reading must be passed so that the council can decide if they support continuing with the debate. After the first reading has passed, a public hearing may be held before the second reading is considered. During the second reading, the council can debate the bylaw, propose changes, and ultimately vote on whether it should pass.
Bylaws can also be made by non-profit corporations. Soon after incorporation, bylaws stating the rules for governing and operating the corporation should be passed. There are two ways of amending bylaws, depending on the subject matter of the changes. Amendments may require ordinary or special resolutions of the members. The board of directors initiates a change to a general bylaw, which is then approved (or amended and then confirmed) by the members by special resolution. The bylaw change then takes effect on the date of member approval. Within 12 months of the confirmation of the bylaw changes by the members, a copy of the amended bylaws must be sent to Corporations Canada.
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Bylaws for not-for-profit corporations
In Canada, bylaws are like a subset of laws. They add to existing laws but cannot remove or contradict them. While laws establish overarching legal principles and standards at the federal and provincial levels, bylaws provide regulations tailored to address local needs and circumstances within municipalities.
Bylaws are a way for organizations to partially customize laws to suit their unique needs. In the case of not-for-profit corporations, bylaws set out the rules for governing and operating the corporation. They can be modified at a later date as the needs of the corporation change. When incorporating under the Canada Not-for-profit Corporations Act (NFP Act), not-for-profit corporations must create bylaws. The NFP Act contains default provisions that can be chosen, but alternative provisions can also be selected or entirely new bylaws can be created using Corporations Canada's online bylaw builder.
The bylaw builder allows corporations to customize bylaws to better meet their needs. It gives the option of choosing alternative provisions to the default provisions in the NFP Act or entering their own provisions. However, if there is uncertainty about preparing the bylaws, legal advice should be sought to ensure compliance with the NFP Act.
There are two ways of amending bylaws for not-for-profit corporations, depending on the subject matter of the changes. The first is by ordinary resolution of the members, and the second is by special resolution of the members. For example, by-law amendments requiring special resolutions of the members include exchanging, reclassifying, or canceling all or part of the memberships of a particular class.
Additionally, the process for approving bylaw changes can be customized in the corporation's articles, bylaws, or unanimous member agreement. The default steps for approving bylaw changes that do not require special member approval begin with the board of directors initiating a change to a general bylaw. The change is then placed on the agenda for the next meeting of members, where it is confirmed or amended and then confirmed by ordinary resolution. If the members reject the bylaw or the directors fail to submit the change, it ceases to have any effect.
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Frequently asked questions
Bylaws are local regulations of municipal governments to govern within their jurisdiction. They cannot be created out of thin air and are derived from provincial legislation. They can be modified to suit the unique needs of an organization or community, but they cannot contradict federal or provincial law.
Bylaws can be broad, such as setting building codes for every structure in a city, or narrow, such as governing the sale and possession of shark fins. Some other examples include zoning bylaws, which regulate land use and development, and condominium bylaws, which can require all owners to have condo insurance.
All bylaws must pass three readings before they can become law. First reading is a test of whether council wishes to consider an issue. Second reading is when council can debate the issue, make amendments, and vote again. Third reading is the last chance for debate, amendments, and voting.
