What is the law on the imposition of taxation by municipalities?

Newfoundland and Labrador, Canada


The following excerpt is from Pelley v. Springdale (Town), 2007 NLCA 70 (CanLII):

The law with respect to the imposition of taxation by municipalities is clear and straightforward. Fundamental to it is the fact that municipalities, as statutory creations, have no inherent powers. They can have only the jurisdiction, power, and discretion specifically conferred on them by enabling statutes. As well, as this Court decided in Town of Dunville v. Power et al (1977), 13 Nfld.&P.E.I.R. 361 (NLCA), … an enactment enabling municipalities to impose taxes are [sic] to be construed strictly. All steps, prescribed by the statute to be taken before levying such taxes, must be followed. They are essential and indispensable …

Other Questions


Can a municipality be held responsible for the loss of water supplies to adjoining landowners? (Newfoundland and Labrador, Canada)
Can estoppel apply in the municipal context? (Newfoundland and Labrador, Canada)
What is the test for establishing property in the common law sense? (Newfoundland and Labrador, Canada)
What is the test for assessing the merits of a commercial transaction? (Newfoundland and Labrador, Canada)
When is a reverse onus bail situation? (Newfoundland and Labrador, Canada)
In what circumstances will perjury be prosecuted for perjury? (Newfoundland and Labrador, Canada)
What is the test for reversing a finding of fact? (Newfoundland and Labrador, Canada)
What is the case law on discount rates? (Newfoundland and Labrador, Canada)
What is the test for eyewitness evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
Is a successful appellant entitled to costs for a Rule 38 appeal? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.