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100-557: Peace River North is a provincial electoral district for the Legislative Assembly of British Columbia , Canada. It was created under the name North Peace River by the Constitution Amendment Act, 1955 , which split the old riding of Peace River into northern and southern portions for the 1956 BC election . Its current name has been in use since 1991. Peace River North has been represented by
200-806: A base to the navy of an adversary), as well as to support amphibious operations throughout the region (such as the Chesapeake campaign during the American War of 1812 ). Bermuda was consequently the most important British naval and military base in the Americas. Canadian confederation resulted in the Canadian Militia becoming responsible for the defence of the Maritimes, the abolition of the British Army's commander-in-chief there, and
300-643: A candidate to the BC Legislature, despite fielding numerous candidates since the 1950s. In 2023, a petition to recall the district's MLA, Dan Davies , was approved by Elections BC under the Recall and Initiative Act . However, the petition did not attract the required number of signatures. As of the 2020 provincial election, Peace River North comprises the entire area of the Northern Rockies Regional Municipality and
400-592: A centralised government, fell into disuse. During World War I , the federal Crown's power was extended with the introduction of income taxes and passage of the War Measures Act , the scope of which was determined by several court cases. The constitution's restrictions of parliamentary power were affirmed in 1919 when, in the Initiatives and Referendums Reference , a Manitoba act providing for direct legislation by way of initiatives and referendums
500-548: A compromise between those who wanted sovereignty vested in the federal government and those who wanted it vested in the provinces. The compromise based the federation on the constitution of the British Empire , under which the legal sovereignty of imperial power was modified by the conventions of colonial responsible government , making colonies of settlement (such as those of British North America ) self-governing in domestic affairs. A lengthy political process ensued before
600-665: A great deal of power relative to the federal government, with jurisdiction over many public goods such as health care, education, welfare, and intra-provincial transportation. They receive " transfer payments " from the federal government to pay for these, as well as exacting their own taxes. In practice, however, the federal government can use these transfer payments to influence these provincial areas. For instance, in order to receive healthcare funding under Medicare , provinces must agree to meet certain federal mandates, such as universal access to required medical treatment. Provincial and territorial legislatures have no second chamber like
700-458: A half, but the 1867 act still sets out the basic framework of the federal and provincial legislative jurisdictions. The division of power is reliant upon the "division" of the unitary Canadian Crown and, with it, of Canadian sovereignty , among the country's 11 jurisdictions. The federal nature of the Canadian constitution was a response to the colonial -era diversity of the Maritimes and
800-524: A lieutenant-general termed a general officer commanding and the Bermuda garrison becoming a command in its own right. Bermuda was consequently left out of the confederation of Canada, though it retained naval links with Halifax and the state church (or established church ), the Church of England , continued to place Bermuda under the bishop of Newfoundland until 1919 (Bermuda also remained linked to
900-547: A local or private nature) allows for the levying of license fees even if they constitute indirect taxation. Parliament has the power to spend money on public debt and property. Although the Supreme Court of Canada has not ruled directly about constitutional limits on federal spending power, parliament can transfer payments to the provinces. This arises from the 1937 decision of the Judicial Committee of
1000-525: A part of all equally. Sovereignty is conveyed not by the governor general or federal parliament, but through the Crown itself as a part of the executive, legislative and judicial branches of Canada's 11 (one federal and 10 provincial) legal jurisdictions; linking the governments into a federal state, the Crown is "divided" into 11 "crowns". The fathers of the Canadian Confederation viewed
1100-656: A prolonged economic crisis , and the legislature turned over political control to the Newfoundland Commission of Government in 1933. Following Canada's participation in the Second World War , in a 1948 referendum , a narrow majority of Newfoundland citizens voted to join the Confederation, and on March 31, 1949, Newfoundland became Canada's tenth province. The province was officially renamed Newfoundland and Labrador in 2001. Bermuda ,
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#17327729167151200-476: A series of political battles and court cases from 1872 to 1896, Mowat reversed Macdonald's early victories and entrenched the co-ordinated sovereignty which he saw in the Quebec Resolutions. In 1888, Edward Blake summarized that view: "[It is] a federal as distinguished from a legislative union, but a union composed of several existing and continuing entities ... [The provinces are] not fractions of
1300-416: A unit but units of a multiple. The Dominion is the multiple and each province is a unit of that multiple ..." The accession of Wilfrid Laurier as prime minister inaugurated a new phase of constitutional consensus, marked by a more-egalitarian relationship between the jurisdictions. The federal government's quasi-imperial powers of disallowance and reservation , which Macdonald abused in his efforts to impose
1400-475: A variety of British Columbia Political parties over the years. The riding has consistently elected political parties that come from the right side of the political spectrum. For many years the riding was represented by the BC Social Credit Party. Currently, the riding is represented by the centre-right BC Liberal Party. The left of centre New Democratic party has never been successful in electing
1500-607: Is also subject to the rights of First Nations (since they are a relevant interest), and provincial power "is burdened by the Crown obligations toward the Aboriginal people in question". Debate exists about whether such burdens apply in the same manner in the Western provinces under the Natural Resources Acts. Management of offshore resources is complex; although management of the beds of internal waters
1600-610: Is based on the principle of exhaustive distribution: all legal issues are assigned to either the federal Parliament or the provincial Legislatures. The division of powers is set out in the Constitution Act, 1867 (originally called the British North America Act, 1867 ), a key document in the Constitution of Canada. Some amendments to the division of powers have been made in the past century and
1700-779: Is called the National Assembly . Ontario has a legislative assembly but its members are called members of the Provincial Parliament or MPPs. The legislative assemblies use a procedure similar to that of the House of Commons of Canada . The head of government of each province, called the premier , is generally the head of the party with the most seats. This is also the case in Yukon, but the Northwest Territories and Nunavut have no political parties at
1800-430: Is governed by the principles stated by Mr Justice Le Dain in R. v. Crown Zellerbach Canada Ltd. . The federal government is partially limited by powers assigned to the provincial legislatures; for example, the Canadian constitution created broad provincial jurisdiction over direct taxation and property and civil rights . Many disputes between the two levels of government revolve around conflicting interpretations of
1900-466: Is the reverse. The Constitution Act, 1871 allowed parliament to govern any territories not forming part of any province, and the Statute of Westminster 1931 , gave parliament the ability to pass extraterritorial laws. To rationalize how each jurisdiction may use its authority, certain doctrines have been devised by the courts: pith and substance , including the nature of any ancillary powers and
2000-519: Is vested in the provincial Crowns, management of beds of territorial seas is vested in the federal Crown (with management of the continental shelf and the exclusive economic zone ). The beds and islands of the waters between Vancouver Island and mainland British Columbia have been declared the property of the Crown in right of British Columbia . Federal-provincial management agreements have been implemented concerning offshore petroleum resources in
2100-659: The Aeronautics Reference found the same for aeronautics . In 1926, the King–Byng Affair resulted in a constitutional crisis which was the impetus for changes in the relationship between the governor general and the prime minister . Although its key aspects were political in nature, its constitutional aspects continue to be debated. One result was the Balfour Declaration issued later that year, whose principles were eventually codified in
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#17327729167152200-663: The Canadian Bill of Rights , the first codification of rights by the federal government. Prime Minister Lester Pearson obtained passage of major social programs, including universal health care (a federal-provincial cost-sharing program), the Canada Pension Plan and Canada Student Loans . Quebec's Quiet Revolution encouraged increased administrative decentralization in Canada, with Quebec often opting out of federal initiatives and instituting its own (such as
2300-566: The Civil Code of Lower Canada , adopted in 1865 by the former Province of Canada, affecting federal jurisdiction continued to be in force in Quebec (if they had not been displaced by other federal Acts) until their repeal on 15 December 2004. According to the Supreme Court of Canada, "our Constitution is based on an allocation of exclusive powers to both levels of government, not concurrent powers, although these powers are bound to interact in
2400-625: The Alberta Party and Saskatchewan Party . The provincial political climate of Quebec is different: the main split is between sovereignty , represented by the Parti Québécois and Québec solidaire , and federalism , represented primarily by the Quebec Liberal Party . The Coalition Avenir Québec , meanwhile, takes an abstentionist position on the question and does not support or oppose sovereignty. Currently,
2500-682: The British North America Act, 1867 , as the responsibility of the federal or provincial parliaments fell to the federal legislature (the reverse of the arrangement between the federal and state congresses in the United States). The preamble of Section 91 of the Constitution Act, 1867 states: "It shall be lawful for the Queen ... to make laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within
2600-576: The Canadian Senate . Originally, most provinces had such bodies, known as legislative councils , with members titled councillors. These upper houses were abolished one by one, Quebec's being the last in 1968. In most provinces, the single house of the legislature is known as the Legislative Assembly; the exceptions are Nova Scotia and Newfoundland and Labrador, where the chamber is called the House of Assembly , and Quebec where it
2700-559: The Colony of British Columbia . NWT included the northern two-thirds of Ontario and Quebec. After the province of Manitoba was established in 1870, in a small area in the south of today's province, almost all of present-day Manitoba was still contained in the NWT. (Manitoba expanded to its present size in 1912.) The British claims to the Arctic islands were transferred to Canada in 1880, adding to
2800-627: The Constitution Act are divided between the Government of Canada (the federal government) and the provincial governments to exercise exclusively. A change to the division of powers between the federal government and the provinces requires a constitutional amendment , whereas a similar change affecting the territories can be performed unilaterally by the Parliament of Canada or government. In modern Canadian constitutional theory ,
2900-440: The Constitution Act, 1867 , lists the major federal parliament powers, based on the concepts of peace, order, and good government ; while Section 92 of the Constitution Act, 1867 enumerates those of the provincial governments. The Act puts remedial legislation on education rights, uniform laws relating to property and civil rights (in all provinces other than Quebec), creation of a general court of appeal and other courts "for
3000-585: The Constitution Act, 1867 . Public works are the property of the federal Crown, and natural resources are within the purview of the provinces. Title to such property is not vested in one jurisdiction or another, however, since the Canadian Crown is indivisible. Section 109 has been given a particularly-broad meaning; provincial legislation regulating labour used to harvest and the disposal of natural resources does not interfere with federal trade and commerce power, and royalties have been held to cover
3100-485: The Constitution of Canada . There are also three territorial governments in the far north, which exercise powers delegated by the federal parliament , and municipal governments which exercise powers delegated by the province or territory. Each jurisdiction is generally independent from the others in its realm of legislative authority. The division of powers between the federal government and the provincial governments
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3200-705: The Council of the Federation , established by the provincial premiers, in 2003. After the 1995 Quebec referendum on sovereignty, Prime Minister Jean Chrétien limited the ability of the federal government to spend money in areas under provincial jurisdiction. In 1999 the federal government and all provincial governments except Quebec's agreed to the Social Union Framework Agreement , which promoted common standards for social programmes across Canada. Former Prime Minister Paul Martin used
3300-650: The Hudson's Bay Company . In 1870, the company relinquished its claims for £300,000 (CND$ 1.5 million), assigning the vast territory to the government of Canada. Subsequently, the area was re-organized into the province of Manitoba and the North-West Territories. The North-West Territories encompassed all of current northern and western Canada, except for the British holdings in the Arctic islands and
3400-791: The Keewatin Region . It occupied the area that is now the Kenora District of Ontario, northern Manitoba, and mainland Nunavut. The government of Keewatin was based in Winnipeg, Manitoba. The territory did not have any representation in federal parliament. The vast majority of Canada's population is concentrated in areas close to the Canada–US border . Its four largest provinces by area ( Quebec , Ontario , British Columbia and Alberta ) are also (with Quebec and Ontario switched in order) its most populous; together they account for 86% of
3500-541: The Manitoba Court of Appeal held that the federal government's position was incorrect; the constitutionally-entrenched principle of responsible government meant that "Canada had not one responsible government but eleven." Officials in the United Kingdom indicated that the British parliament was under no obligation to fulfill a request for legal changes desired by Trudeau, particularly if Canadian convention
3600-743: The Northwest Territories , since the land was vested in the federal Crown. It was vacated on some land (the Railway Belt and the Peace River Block ) by British Columbia when it entered the confederation. Title to this land was not vested in those provinces until the passage of the Natural Resources Acts in 1930. The power is not absolute, however; provincial Crown land may be regulated or expropriated for federal purposes. The administration of crown land
3700-659: The Province of Canada , particularly the sharp distinction between the French-speaking inhabitants of Lower Canada and the English-speaking inhabitants of Upper Canada and the Maritimes. John A. Macdonald , Canada's first prime minister , originally favoured a unitary system. The foundations of Canadian federalism were laid at the Quebec Conference of 1864 . The Quebec Resolutions were
3800-721: The Quebec Pension Plan ). The Quebec sovereignty movement led to the victory of the Parti Québécois in the 1976 Quebec election , prompting consideration of further loosening ties with the rest of Canada; this was rejected in a 1980 referendum . During the premiership of Pierre Trudeau , the federal government became more centralist. Canada experienced "conflictual federalism" from 1970 to 1984, generating tensions with Quebec and other provinces. The National Energy Program and other petroleum disputes sparked bitterness in Alberta , Saskatchewan and Newfoundland toward
3900-668: The Quebec Resolutions became the British North America Act 1867 . This process was dominated by John A. Macdonald , who joined British officials in attempting to make the federation more centralized than that envisaged by the Resolutions. The resulting constitution was couched in more centralist terms than intended. As prime minister, Macdonald tried to exploit this discrepancy to impose his centralist ideal against chief opponent Oliver Mowat . In
4000-579: The River St. Lawrence and Coast of America and North America and West Indies Station , the North America and Newfoundland Station , the North America and West Indies Station , and finally the America and West Indies Station ) main bases, dockyards, and Admiralty Houses. The squadron of the station was based at Royal Naval Dockyard, Halifax , during the summers and Royal Naval Dockyard, Bermuda , in
4100-769: The Statute of Westminster 1931 . It, and the repeal of the Colonial Laws Validity Act 1865 , gave the federal parliament the ability to make extraterritorial laws and abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, but civil appeals continued until 1949. The last Privy Council ruling of constitutional significance occurred in 1954, in Winner v. S.M.T. (Eastern) Limited . After that,
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4200-539: The Supreme Court of Canada became the final court of appeal. In 1937, Lieutenant Governor of Alberta John C. Bowen refused to give Royal Assent to three Legislative Assembly of Alberta bills. Two would have put the province's banks under the control of the provincial government; the third, the Accurate News and Information Act , would have forced newspapers to print government rebuttals to stories
4300-440: The world's second-largest country by area. The major difference between a Canadian province and a territory is that provinces receive their power and authority from the Constitution Act, 1867 (formerly called the British North America Act, 1867 ), whereas territories are federal territories whose governments are creatures of statute with powers delegated to them by the Parliament of Canada . The powers flowing from
4400-438: The 60° parallel, Ontario's to Hudson Bay and Quebec's to encompass the District of Ungava . In 1869, the people of Newfoundland voted to remain a British colony over fears that taxes would increase with Confederation, and that the economic policy of the Canadian government would favour mainland industries. In 1907, Newfoundland acquired dominion status. In the middle of the Great Depression in Canada , Newfoundland underwent
4500-412: The Alteration of Certain Mineral Contracts , to the Governor-in-Council for review. According to Bastedo, "[T]his is a very important bill affecting hundreds of mineral contracts. It raises implications which throw grave doubts of the legislation being in the public interest. There is grave doubt as to its validity". The act was upheld in an Order in Council by the federal government. Parliament passed
4600-502: The Arctic , particularly as global warming could make that region more open to exploitation leading to more complex international waters disputes . Canadian federalism Canadian federalism (French: fédéralisme canadien ) involves the current nature and historical development of the federal system in Canada . Canada is a federation with eleven components: the national Government of Canada and ten provincial governments . All eleven governments derive their authority from
4700-489: The British parliament to approve the Constitution Act, 1982 , which it did in passage of the Canada Act 1982 . This resulted in the introduction of the Canadian Charter of Rights and Freedoms , the transfer of constitutional amendment to a Canadian framework and the addition of section 92A to the Constitution Act, 1867 , giving the provinces more jurisdiction over their natural resources. The Progressive Conservative Party under Joe Clark and Brian Mulroney favoured
4800-415: The Canadian mainland (from those in James Bay to the Queen Elizabeth Islands ). The following table lists the territories in order of precedence (each province has precedence over all the territories, regardless of the date each territory was created). Another territory, the District of Keewatin , existed from October 7, 1876, until September 1, 1905, when it rejoined the Northwest Territories and became
4900-417: The Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces". In addition to assigning powers not stated elsewhere (which has been narrowly interpreted), this has led to the creation of the national-emergency and national-concern doctrines. The national-emergency doctrine was described by Mr Justice Beetz in Reference re Anti-Inflation Act . The national-concern doctrine
5000-562: The French government donated the land used for the Vimy Memorial "freely, and for all time, to the Government of Canada the free use of the land exempt from all taxes". The site of the Somme battlefield near Beaumont-Hamel site was purchased in 1921 by the people of the Dominion of Newfoundland . These sites do not, however, enjoy extraterritorial status and are thus subject to French law. Since Confederation in 1867, there have been several proposals for new Canadian provinces and territories. The Constitution of Canada requires an amendment for
5100-442: The Judicial Committee of the Privy Council and (after 1949) the Supreme Court of Canada. The nature of the Canadian constitution was described by the Privy Council in 1913 as not truly federal (unlike the United States and Australia ); although the British North America Act, 1867 , states in its preamble that the colonies had expressed "their desire to be federally united into one Dominion", "the natural and literal interpretation of
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#17327729167155200-451: The Maritimes under the Methodist and Roman Catholic churches). In 1903, resolution of the Alaska Panhandle Dispute fixed British Columbia's northwestern boundary. This was one of only two provinces in Canadian history to have its size reduced. The second reduction, in 1927, occurred when a boundary dispute between Canada and the Dominion of Newfoundland saw Labrador enlarged at Quebec's expense; this land returned to Canada, as part of
5300-450: The North, for organizational and economic purposes. For much of the Northwest Territories' early history it was divided into several districts for ease of administration. The District of Keewatin was created as a separate territory from 1876 to 1905, after which, as the Keewatin Region, it became an administrative district of the Northwest Territories. In 1999, it was dissolved when it became part of Nunavut. Theoretically, provinces have
5400-399: The Privy Council on the Unemployment Insurance Reference , where Lord Atkin observed: "Assuming the Dominion has collected by means of taxation a fund, it by no means follows that any legislation which disposes of it is necessarily within Dominion competence ... If on the true view of the legislation it is found that in reality in pith and substance the legislation invades civil rights within
5500-448: The Province, or in respect of other classes of subjects otherwise encroaches upon the provincial field, the legislation will be invalid". In Re Canada Assistance Plan , Justice Sopinka held that the withholding of federal money previously granted to fund a matter within provincial jurisdiction does not amount to the regulation of that matter. Much distribution of power has been ambiguous, leading to disputes which have been decided by
5600-528: The areas around Newfoundland and Labrador and Nova Scotia . Taxation is a power of the federal and provincial legislatures; provincial taxation is more restricted, in accordance with sections 92(2) and 92(9) of the Constitution Act, 1867 . In Allard Contractors Ltd. v. Coquitlam (District) , provincial legislatures may levy an indirect fee as part of a valid regulatory scheme. Gérard La Forest observed obiter dicta that section 92(9) (with provincial powers over property and civil rights and matters of
5700-447: The better Administration of the Laws of Canada," and implementing obligations arising from foreign treaties, all under the purview of the federal legislature in Section 91. Some aspects of the Supreme Court of Canada were elevated to constitutional status in 1982. The Act lists the powers of the provincial parliaments (subject to the federal parliament's authority to regulate inter-provincial movement) in Section 92. These powers include
5800-508: The case for patriation to the British parliament "[without] bothering to ask one premier". According to the federal cabinet and Crown counsel, if the British Crown (in council, in parliament, and on the bench) exercised sovereignty over Canada, it would do so only at the request of the federal ministers. Manitoba, Newfoundland and Quebec posed reference questions to their respective courts of appeal, in which five other provinces intervened in support. In his ruling, Justice Joseph O'Sullivan of
5900-426: The colourability of legislation ; double aspect ; paramountcy ; inter-jurisdictional immunity ; the living tree ; the purposive approach ; and charter compliance (most notably through the Oakes test ). Additionally, there is the implied Bill of Rights . Jurisdiction over Crown property is divided between the provincial legislatures and the federal parliament, with the key provisions Sections 108, 109, and 117 of
6000-436: The constitutional monarchy as a bulwark against potential fracturing of the Canadian federation , and the Crown remains central to Canadian federalism. The federal–provincial distribution of legislative powers (also known as the division of powers ) defines the scope of the federal and provincial legislatures. These have been identified as exclusive to the federal or provincial jurisdictions or shared by all. Section 91 of
6100-438: The country's population. The territories (the Northwest Territories , Nunavut and Yukon ) account for over a third of Canada's area but are only home to 0.3% of its population, which skews the national population density value. Canada's population grew by 5.0% between the 2006 and 2011 censuses. Except for New Brunswick , all territories and provinces increased in population during this time. In terms of percent change,
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#17327729167156200-489: The court of final appeal after the 1949 abolition of appeals to the Judicial Committee of the Privy Council and the federal parliament received the power to amend the constitution, limited to non-provincial matters and subject to other constraints. 1961 saw the last instance of a lieutenant governor reserving a bill passed by a provincial legislature. Frank Lindsay Bastedo , Lieutenant Governor of Saskatchewan , withheld Royal Assent and reserved Bill 5, An Act to Provide for
6300-411: The creation of a new province but the creation of a new territory requires only an act of Parliament , a legislatively simpler process. In late 2004, Prime Minister Paul Martin surprised some observers by expressing his personal support for all three territories gaining provincial status "eventually". He cited their importance to the country as a whole and the ongoing need to assert sovereignty in
6400-439: The devolution of power to the provinces, culminating in the failed Meech Lake and Charlottetown accords. After merging in 2003 with the heavily devolutionist Canadian Alliance , the Conservative Party under Stephen Harper has maintained the same stance. When Harper was appointed prime minister in 2006, the frequency of First Ministers' conferences declined significantly; inter-provincial cooperation increased with meetings of
6500-445: The dominant tide of constitutional doctrines; rather they have been an undertow against the strong pull of pith and substance, the aspect doctrine and, in recent years, a very restrained approach to concurrency and paramountcy issues. Notable examples include: In 1899, Lord Watson asserted during the argument in CPR v Bonsecours that neither the federal parliament nor the provincial legislatures could give legislative authority to
6600-430: The drafters of the constitution; for example, federal jurisdiction to incorporate companies is inferred from the power provinces have under Section 92 for "The Incorporation of Companies with Provincial Objects". Section 129 of the Constitution Act, 1867 provided for laws in effect at the time of Confederation to continue until repealed or altered by the appropriate legislative authority. Similar provisions were included in
6700-492: The exploration, development and export to other provinces of non-renewable natural resources, forestry resources and electrical energy. Education is under provincial jurisdiction, subject to the rights of separate schools . Old-age pensions, agriculture and immigration are shared by federal and provincial jurisdictions. One prevails over the other in cases of conflict, however: for pensions, federal legislation will not displace provincial laws, and for agriculture and immigration it
6800-483: The fastest-growing province or territory was Nunavut with an increase of 12.7% between 2011 and 2016, followed by Alberta with 11.6% growth, while New Brunswick's population decreased by 0.5%. Generally, Canadian provinces have steadily grown in population along with Canada. However, some provinces such as Saskatchewan, Prince Edward Island and Newfoundland and Labrador have experienced long periods of stagnation or population decline. Ontario and Quebec have always been
6900-423: The federal government. Although Canada achieved full status as a sovereign nation in the Statute of Westminster 1931, there was no consensus on a process to amend the constitution; attempts such as the 1965 Fulton–Favreau formula and the 1971 Victoria Charter failed to receive unanimous approval from both levels of government. When negotiations with the provinces again stalled in 1980, Trudeau threatened to take
7000-408: The federal level, and as a result, have a commissioner that represents the federal government. There are three territories in Canada. Unlike the provinces, the territories of Canada have no inherent sovereignty and have only those powers delegated to them by the federal government. They include all of mainland Canada north of latitude 60° north and west of Hudson Bay and all islands north of
7100-403: The federal party. The Liberal Party of Canada shares such an organizational integration with Atlantic Canada provincial Liberals in New Brunswick , Newfoundland and Labrador , Nova Scotia , and Prince Edward Island . Other provincial Liberal parties are unaffiliated with their federal counterpart. Some provinces have provincial political parties with no clear federal equivalent, such as
7200-546: The indicia of sovereignty from the United Kingdom. Prior to this, Ontario and Quebec were united as the Province of Canada. Over the following years, Manitoba (1870), British Columbia (1871), and Prince Edward Island (1873) were added as provinces. The British Crown had claimed two large areas north-west of the Canadian colony, known as Rupert's Land and the North-Western Territory , and assigned them to
7300-551: The jurisdiction of the Canadian Constitution . In the 1867 Canadian Confederation , three provinces of British North America — New Brunswick , Nova Scotia , and the Province of Canada (which upon Confederation was divided into Ontario and Quebec )—united to form a federation , becoming a fully independent country over the next century. Over its history, Canada's international borders have changed several times as it has added territories and provinces, making it
7400-632: The last British North American colony, which had been somewhat subordinated to Nova Scotia, was one of two Imperial fortress colonies in British North America ;– the other being Nova Scotia, and more particularly the city of Halifax. Halifax and Bermuda were the sites of the Royal Navy's North America Station (or, depending on the time period and the extent of the Western Hemisphere it included,
7500-459: The law relating to escheats . Canada cannot unilaterally create Indian reserves , since the transfer of such lands requires federal and provincial approval by Order in Council (although discussion exists about whether this is sound jurisprudence). The provincial power to manage Crown land did not initially extend to Manitoba , Alberta and Saskatchewan when they were created from part of
7600-591: The meaning of these powers. In the Local Prohibition Case of 1896, the Judicial Committee of the Privy Council arrived at a method of interpretation, known as the "four-departments doctrine", in which jurisdiction over a matter is determined in the following order: By the 1930s, as noted in the Fish Canneries Reference and Aeronautics Reference , the division of responsibilities between federal and provincial jurisdictions
7700-639: The northern portion of the Peace River Regional District , located in northeastern British Columbia. The electoral district is bordered by Alberta in the east and the Yukon and Northwest Territories to the north. Communities in the electoral district consist of Fort St. John , Fort Nelson , Taylor and Hudson's Hope . This riding has elected the following members of the Legislative Assembly : Provinces and territories of Canada Canada has ten provinces and three territories that are sub-national administrative divisions under
7800-742: The one minority provincial/territorial government is held by the Liberals in Yukon . They are in government with a formal confidence and supply agreement from the Yukon New Democratic Party . The Canadian National Vimy Memorial , near Vimy , Pas-de-Calais, and the Beaumont-Hamel Newfoundland Memorial , near Beaumont-Hamel , both in France, are ceremonially considered Canadian territory. In 1922,
7900-471: The other level. Subsequent attempts to dovetail federal and provincial legislation to achieve certain ends met with difficulty, such as an attempt by Saskatchewan to ensure enforcement of a federal statute by enacting a complementary Act declaring that the federal Act would continue in force under provincial authority if it was ruled ultra vires . The Saskatchewan Court of Appeal ruled a federal and provincial Act ultra vires , voiding both as an attempt by
8000-517: The phrase " asymmetrical federalism " to describe this arrangement. The Supreme Court upholds the concepts of flexible federalism (where jurisdictions overlap) and cooperative federalism (where they can favourably interact), as noted in Reference re Securities Act . As a federal monarchy , the Canadian Crown is present in all jurisdictions in the country, with the headship of state
8100-410: The province of Newfoundland, in 1949. In 1999, Nunavut was created from the eastern portion of the Northwest Territories. Yukon lies in the western portion of Northern Canada, while Nunavut is in the east. All three territories combined are the most sparsely populated region in Canada, covering 3,921,739 km (1,514,192 sq mi) in land area. They are often referred to as a single region,
8200-519: The province to vest powers in parliament unauthorized by the BNA Act . The matter was addressed in 1950 by the Supreme Court, which held ultra vires a proposed Nova Scotia Act which would have authorized the inter-delegation of legislative and taxation authority between Parliament and the Nova Scotia legislature. In that decision, Justice Rand explained the distinction between delegation to
8300-411: The provinces are considered to be co-sovereign within certain areas based on the divisions of responsibility between the provincial and federal government within the Constitution Act, 1867 , and each province thus has its own representative of the Canadian Crown , the lieutenant governor . The territories are not sovereign, but instead their authorities and responsibilities are devolved directly from
8400-631: The provincial cabinet considered "inaccurate". All three bills were later declared unconstitutional by the Supreme Court of Canada in Reference re Alberta Statutes , which was upheld by the Judicial Committee of the Privy Council. World War II 's broader scope required passage of the National Resources Mobilization Act to supplement the powers in the War Measures Act to pursue the national war effort. The extent to which wartime federal power could expand
8500-495: The realities of the life of our Constitution." Chief Justice Dickson observed the complexity of that interaction: The history of Canadian constitutional law has been to allow for a fair amount of interplay and indeed overlap between federal and provincial powers. It is true that doctrines like interjurisdictional and Crown immunity and concepts like "watertight compartments" qualify the extent of that interplay. But it must be recognized that these doctrines and concepts have not been
8600-577: The reduction of British military forces in the Maritimes to a small garrison for the protection of the Halifax dockyard, which would be withdrawn when that dockyard was handed over to the Dominion government in 1905 for use by the new Canadian naval service. Britain retained control of Bermuda as an imperial fortress, with the governor and commander-in-chief of Bermuda (a military officer previously ranking between lieutenant-colonel and major-general) becoming
8700-506: The same name. For example, no provincial Conservative or Progressive Conservative Party shares an organizational link to the federal Conservative Party of Canada , and neither do provincial Green Parties to the Green Party of Canada . Provincial New Democratic Parties, on the other hand, are fully integrated with the federal New Democratic Party —meaning that provincial parties effectively operate as sections, with common membership, of
8800-526: The size of the North-West Territories. In 1898 the Yukon Territory, later renamed "Yukon" in 2003, was carved from the area surrounding the Klondike gold fields . On September 1, 1905, a portion of the North-West Territories south of the 60th parallel north became the provinces of Alberta and Saskatchewan. In 1912, the boundaries of Quebec, Ontario, and Manitoba were expanded northward: Manitoba's to
8900-495: The terms of union of other territories that were subsequently incorporated into Canada. The uniformity of laws in some areas of federal jurisdiction was significantly delayed. Offences under the Criminal Code were not made uniform until 1892, when common-law criminal offences were abolished. Divorce law was not made uniform until 1968, Canadian maritime law not until 1971 and marriage law not until 2005. Provisions of
9000-413: The territorial level. The King's representative in each province is the lieutenant governor . In each of the territories there is an analogous commissioner , but they represent the federal government rather than the monarch. Most provinces have rough provincial counterparts to major federal parties. However, these provincial parties are not usually formally linked to the federal parties that share
9100-498: The two biggest provinces in Canada, with together over 60% of the population at any given time. The population of the West relative to Canada as a whole has steadily grown over time, while that of Atlantic Canada has declined. Ontario, Quebec, New Brunswick, and Nova Scotia were the original provinces, formed when several British North American colonies federated on July 1, 1867, into the Dominion of Canada and by stages began accruing
9200-627: The war with better cooperation between the federal and provincial governments. This led to a welfare state , a government-funded health care system and the adoption of Keynesian economics . In 1951 section 94A was added to the British North America Act, 1867 to allow the Canadian parliament to provide for pensions. This was extended in 1964 to allow supplementary benefits, including disability and survivors' benefits. The era saw an increase in First Ministers' Conferences to resolve federal-provincial issues. The Supreme Court of Canada became
9300-557: The winters until the 1820s, when Bermuda (which was better located to control the Atlantic Seaboard of the United States, impossible to attack over land, and almost impregnable against attack over water) became the main base year round. A large British Army garrison in Bermuda , which fell under the commander-in-chief in Nova Scotia , existed to defend the colony as a naval base (and to prevent it becoming as useful
9400-524: The word [federal] confines its application to cases in which these States, while agreeing on a measure of delegation, yet in the main continue to preserve their original Constitutions". The Privy Council determined that the Fathers of Confederation desired a "general Government charged with matters of common interest, and new and merely local Governments for the Provinces". Matters other than those listed in
9500-618: Was further clarified in the Chemicals Reference (which held that Orders in Council under the War Measures Act were equivalent to acts of parliament) and the Wartime Leasehold Regulations Reference , which held that wartime regulations could displace provincial jurisdiction for the duration of an emergency. Additional measures were required in order to secure control of the economy during that time. Jurisdiction over unemployment insurance
9600-570: Was held that the s. 92(2) power providing for "direct taxation within the province" does not extend to taxing sales on flights passing over (or through) a province, but the question of how far provincial jurisdiction can extend into a province's airspace was left undecided. However, the property and civil rights power does allow for determining rules with respect to conflict of laws in civil matters. Federal jurisdiction arises in several circumstances: The gap approach , employed sparingly, identifies areas of jurisdiction arising from oversights by
9700-473: Was not followed. All rulings were appealed to the Supreme Court of Canada. In a decision later known as the Patriation Reference , the court ruled that such a convention existed but did not prevent the federal parliament from attempting to amend the constitution without provincial consent and it was not the role of the courts to enforce constitutional conventions. The Canadian parliament asked
9800-487: Was ruled unconstitutional by the Privy Council on the grounds that a provincial viceroy (even one advised by responsible ministers) could not permit "the abrogation of any power which the Crown possesses through a person directly representing it". Social and technological changes also worked their way into constitutional authority; the Radio Reference found that federal jurisdiction extended to broadcasting , and
9900-594: Was summarized by Lord Sankey . Although the Statute of Westminster 1931 declared that the Parliament of Canada had extraterritorial jurisdiction , the provincial legislatures did not achieve similar status. According to s. 92 , "In each Province the Legislature may exclusively make Laws ...". If a provincial law affects the rights of individuals outside the province: In The Queen (Man.) v. Air Canada , it
10000-654: Was transferred permanently to the federal sphere; the provinces surrendered their power to levy succession duties and personal and corporate income taxes for the duration of the war (and for one year afterwards) under the Wartime Tax Rental Agreement; and labour relations were centralized under federal control with the Wartime Labour Relations Regulations (lasting until 1948), in which the provinces ceded their jurisdiction over all labour issues. Canada emerged from
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