minorities in some provinces).
the provincial legislatures comes under the
national Parliament.
Subject to the limitations imposed by the
Constitution Act, 1982, the provinces can
This looks like an immensely wide power.
amend their own constitutions by an ordinary
It is not, in fact, as wide as it looks, because
act of the legislature. They cannot touch the
the courts have interpreted the provincial
offi
ce of lieutenant-governor; they cannot
powers, especially ?property and civil rights,? as
restrict the franchise or qualifi cations for
covering a very wide fi eld. As a result, all labour
members of the legislatures or prolong the lives
legislation (maximum hours, minimum wages,
of their legislatures except as provided for in
safety, workers? compensation, industrial
the Canadian Charter of Rights and Freedoms.
relations) comes under provincial law,
except for certain industries such as banking,
Of course the power to amend provincial
broadcasting, air navigation, atomic energy,
constitutions is restricted to changes in
shipping, interprovincial and international
the internal machinery of the provincial
railways, telephones, telegraphs, pipelines,
government. Provincial legislatures are
grain elevators, enterprises owned by the
limited to the powers explicitly given to them
national government, and works declared by
by the written Constitution. So no provincial
Parliament to be for the general advantage of
legislature can take over powers belonging
Canada or of two or more of the provinces.
to the Parliament of Canada. Nor could any
provincial legislature pass an act taking the
Social security (except for Employment
province out of Canada. No such power is to be
Insurance, which is purely national, and the
found in the written Constitution, so no such
shared power over pensions) comes under the
power exists.
provinces. However, the national Parliament,
in eff ect, established nation-wide systems of
Similarly, of course, Parliament cannot take
hospital insurance and medical care by making
over any power of a provincial legislature.
grants to the provinces (or, for Quebec, yielding
some of its fi eld of taxes) on condition that
their plans reach certain standards. The courts?
Parliament and the provincial legislatures both
interpretation of provincial and national
have power over agriculture and immigration,
powers has put broadcasting and air navigation
and over certain aspects of natural resources;
under Parliament?s general power to make laws
but if their laws confl ict, the national law
for the ?peace, order and good government
prevails.
of Canada,? but otherwise has reduced it to
not much more than an emergency power for
Parliament and the provincial legislatures
wartime or grave national crises like nation-
also have power over old age, disability and
wide famine, epidemics, or massive infl ation
survivors? pensions; but if their laws confl ict,
(though some recent cases go beyond this).
the provincial power prevails.
Powers of the National and Provincial Governments
21
