How Canadians Govern Themselves - Parlement du Canada

How Canadians Govern ThemselvesPowers of the National and Provincial Governments22of the Protestant and Roman Catholicminorities in some provinces).Subject to the limitations imposed bythe Constitution Act, 1982, the provincescan amend their own constitutions byan ordinary Act of the legislature. Theycannot touch the office of Lieutenant-Governor; they cannot restrict thefranchise or qualifications for membersof the legislatures or prolong the livesof their legislatures except as providedfor in the Canadian Charter of Rightsand Freedoms.Of course the power to amend provincialconstitutions is restricted to changes inthe internal machinery of the provincialgovernment. Provincial legislatures arelimited to the powers explicitly given tothem by the written constitution. So noprovincial legislature can take overpowers belonging to the Parliament ofCanada. Nor could any provinciallegislature pass an Act taking theprovince out of Canada. No such poweris to be found in the written constitution,so no such power exists.Similarly, of course, Parliament cannottake over any power of a provinciallegislature.Parliament and the provincial legislaturesboth have power over agriculture andimmigration, and over certain aspectsof natural resources; but if their lawsconflict, the national law prevails.Parliament and the provincial legislaturesalso have power over old age, disabilityand survivors’ pensions; but if theirlaws conflict, the provincial powerprevails.By virtue of the Constitution Act, 1867,everything not mentioned as belongingto the provincial legislatures comesunder the national Parliament.This looks like an immensely widepower. It is not, in fact, as wide asit looks, because the courts haveinterpreted the provincial powers,especially “property and civil rights,” ascovering a very wide field. As a result,all labour legislation (maximum hours,minimum wages, safety, workers’compensation, industrial relations)comes under provincial law, except forcertain industries such as banking,broadcasting, air navigation, atomicenergy, shipping, interprovincial andinternational railways, telephones,telegraphs, pipelines, grain elevators,enterprises owned by the nationalgovernment, and works declared byParliament to be for the generaladvantage of Canada or of two or moreof the provinces.Social security (except for employmentinsurance, which is purely national,and the shared power over pensions)comes under the provinces. However,the national Parliament, in effect,established nation-wide systems ofhospital insurance and medical care bymaking grants to the provinces (or, forQuebec, yielding some of its field oftaxes) on condition that their plansreach certain standards.The courts’ interpretation of provincialand national powers has putbroadcasting and air navigation underParliament’s general power to makelaws for the “peace, order and goodgovernment of Canada,” but otherwise