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Big Idea:
Informed participation in local government both stimulates and upholds the principles of
democracy.

Essential Question:
What are the characteristics of an informed Canadian citizen participating in a municipal election or
school board election?

Government Across Canada: Providing Guidance, Boundaries & Structure
to Canadians
Canadian federalism provides “a general government and legislature for general purposes with
local governments and legislatures for local purposes” that is constitutionally responsible to
Canadians.


Hook 5-10 min.
Examine the list of recent elections in Canada. (Handout 2.1) Using this information, hypothesize
why there are different levels of government and why there are so many elections. Do you think
that this is an ideal arrangement for Canadians?

Essential Learning 40-50 min.
1. Three levels of government have been established to order Canadian society: federal,
   provincial/territorial, and municipal. Using Handout 2.2, identify the leaders of each level of
   government for your community as well as the location where each government is located.
   Consider conducting a webquest or using an encyclopedia to find the required information.
2. Sir John A. Macdonald, Canada’s first Prime Minister, stated that federalism provided “a general
   government and legislature for general purposes with local governments and legislatures for
   local purposes.” Using Handouts 2.3 to 12, determine the level of government and department
   associated with the listed responsibilities.
3. Illustrate how government regulation impacts nearly every aspect of Canadians’ lives by
   tracking your activities over the course of one day and relating these activities to a federal,
   provincial, or municipal government responsibility. Share your findings.
   ex. 7:00 am                Eat breakfast               Agriculture (Federal)
       7:30 am                Shower & brush teeth        Water & Sewer (Municipal)
       8:00 am                Go to School                Education (Provincial/Territorial)
4. From this set of activities, review what you have discussed and learned about the reasons for
   and functions of different levels of government in Canada.

Extended Learning 10-20 min.
Option A:
Imagine that you are the leader of a local citizens’ organization desiring to erect a monument in
your community that commemorates either a) farming in Canada; b) fishing in Canada; c)
environmentalism in Canada; or d) Canadians growing up in the 1950s. The support of all three
levels of government will be required to build the monument your organization has in mind. After
choosing what you are hoping to commemorate with your monument, identify the government
departments that you would need to contact and a) write brief letters to each department
explaining what you are trying to accomplish and why the department in question should put
money towards your project; or b) write brief letters of recognition that thank the government
departments for their support and involvement. Consider presenting your correspondence aloud.
Option B:
Collect news articles that demonstrate interaction between different levels of government. For
each article, briefly summarize why more than one government is involved in providing a service to
the public.

Option C:
Select an area of responsibility that interests you from each of the three levels of government. Use
information from the corresponding government website to discover each department’s mandate as
well as the principal activities of each government department. Share your findings with the rest of
the class. Consider using Handout 2.15 to organize your findings.

Option D:
Imagine that you are considering running for public office. Consider and compare the advantages
that each level of government offers (power to shape society or community, ability to make people
happy, personal interest in responsibilities, celebrity status, etc) in order to justify the level of
government to which you would prefer to be elected.


Key Terms
Cabinet; Cabinet Minister; councillor; department; effective; federalism; government; House of
Commons; Leader of the Opposition; Legislative Assembly; Member of Legislative Assembly;
Member of National Assembly; Member of Parliament; Member of Provincial Parliament; Minister of
the Crown; ministry; municipal council; municipality; National Assembly; Premier; Prime Minister;
Provincial Parliament; reeve; relevant; representative; Senate; Senator

Essential Questions
How do the purposes of separate levels of government differ?
How is the Canadian citizen connected to each of the separate levels of government?
How is the Canadian citizen represented by each of the separate levels of government?

Teacher Preparation
Select teaching strategies for essential learning activities
Make class copies of required handouts
Book computer lab, if desired
Preview websites to be used for class activities, if desired (see chapter on Additional Resources)
Select extended learning activity and teaching strategies, if desired
Have selection of newspapers available to students, if desired

Assessment
Students should provide evidence that they have the ability to differentiate between the different
levels of government in Canada and that that they are able to apply their knowledge of the
separation of government powers.
Handout 2.1: List of General Elections in Canada Since 2004

 Year of Election   Location of Election       Level of Government
      2010          Alberta                    Municipal
      2010          Manitoba                   Municipal
      2010          Ontario                    Municipal
      2010          Prince Edward Island       Municipal (cities only)
      2010          Saskatchewan               Municipal (some rural areas only)
      2009          British Columbia           Provincial
      2009          Newfoundland               Municipal
      2009          Northwest Territories      Municipal (taxed communities)
      2009          Nova Scotia                Provincial
      2009          Nunavut                    Municipal
      2009          Prince Edward Island       Municipal (towns and rural only)
      2009          Quebec                     Municipal
      2009          Saskatchewan               Municipal (urban municipalities only)
      2009          Saskatchewan               Municipal (some rural areas only)
      2009          Yukon                      Municipal
      2008          Canada                     Federal
      2008          Alberta                    Provincial
      2008          British Columbia           Municipal
      2008          New Brunswick              Municipal
      2008          Northwest Territories      Municipal (hamlets)
      2008          Nova Scotia                Municipal
      2008          Nunavut                    Territory
      2008          Quebec                     Provincial
      2008          Saskatchewan               Municipal (some rural areas only)
      2007          Alberta                    Municipal
      2007          Manitoba                   Provincial
      2007          Newfoundland               Provincial
      2007          Northwest Territories      Territory
      2007          Ontario                    Provincial
      2007          Prince Edward Island       Provincial
      2007          Quebec                     Provincial
      2007          Saskatchewan               Provincial
      2007          Saskatchewan               Municipal (some rural areas only)
      2006          Canada                     Federal
      2006          New Brunswick              Provincial
      2006          Manitoba                   Municipal
      2006          Northwest Territories      Municipal (taxed communities)
      2006          Nova Scotia                Provincial
      2006          Ontario                    Municipal
      2006          Prince Edward Island       Municipal (cities only)
      2006          Prince Edward Island       Municipal (towns and rural only)
      2006          Saskatchewan               Municipal (urban municipalities only)
      2006          Saskatchewan               Municipal (some rural areas only)
      2006          Yukon                      Territory
      2006          Yukon                      Municipal
      2005          British Columbia           Provincial
      2005          British Columbia           Municipal
      2005          Newfoundland               Municipal
      2005          Quebec                     Municipal
      2004          Canada                     Federal
      2004          Alberta                    Provincial
      2004          Alberta                    Municipal
      2004          New Brunswick              Municipal
      2004          Northwest Territories      Municipal (hamlets)
      2004          Nunavut                    Territory
Handout 2.2: Investigating Government
Complete this table using the resources provided by your teacher.

                              Municipal           Provincial/Territory     Federal
                             Government              Government          Government
Where does this level
of government meet?

What is the name of
the building and in
what city is it located?




What is the official title
of the leader of this
level of government?

What is the name of
the politician who
currently holds this
office?


What is the official
name of the elected
members at this level
of government?

What is the name of
the politician who
currently represents
the area where you
live?
What is the name of
the geographical area
that each elected
member represents?

What is the name of
the electoral area
where live?


What are two
responsibilities of this
level of government?
Handout 2.3: Government Responsibilities
Correctly assign government responsibilities to the appropriate level of government by using the
resources provided by your teacher. Responsibilities appearing more than once in the list below
indicate that two or more levels of government share the responsibility.

           Federal                          Provincial                        Municipal
Handout 2.4: Who’s Responsibility Is It?
Correctly assign each description of a government responsibility to the appropriate level of
government and government department by using the resources provided by your teacher.

Description                                                        Level            Department
Administers the health care system and provides health
services to the public
Promotes clean and safe air, land, and water use to
ensure healthy communities, sustainable development,
and the preservation of nature for future generations of
Ontarians
Works towards a more peaceful and secure world, and
promotes out culture and values internationally
Administers the system of funded elementary and
secondary school education
Maintains public libraries


Plants, repairs, prunes, and removes trees in parks and
open spaces
Develops renewable sources of energy and cleaner forms
of fuel, fosters a culture of conservation, and protects
our environment
Specializes in the sustainable use and development of
natural spaces, minerals, metals, forests, and bodies of
water
Encourages healthy growth and development of children,
supports children with exceptional needs, and protects
children from abuse
Admits immigrants, visitors, foreign students, and
temporary workers who will enhance the country’s social
and economic growth
Meets the government’s constitutional, treaty, political,
and legal obligations to First Nations, Inuit, and northern
communities
Implements garbage pick-up and recycling programs


Sets, communicates, and enforces workplace standards,
and encourages greater workplace self-reliance
Preserves and modernizes Canada’s healthcare system,
and communicates health promotion and disease
prevention information
Handout 2.5: Government Responsibilities
A list of federal, provincial, and municipal government responsibilities based upon current
legislation and Cabinet positions for the federal and Ontario governments.

                Federal                       Provincial                             Municipal
Agriculture and Agri-Food         Aboriginal Affairs                     Arts and Community
Attorney General of Canada        Agriculture, Food, and Rural Affairs   Building and Health Inspection
Canadian Heritage and Official    Attorney General                       By-Laws
Languages
                                  Children and Youth Services            Environment
Citizenship, Immigration, and
                                  Citizenship and Immigration            Human Resources
Multiculturalism
                                  Community and Social Services          Libraries
Environment
                                  Community Safety and                   Parks and Recreation
Finance
                                  Correctional Services
                                                                         Planning and Zoning
Fisheries and Oceans
                                  Consumer Services
                                                                         Policing and Fire Protection
La Francophonie
                                  Culture
                                                                         Solid Waste Management
Foreign Affairs
                                  Economic Development And Trade
                                                                         Transportation and Infrastructure
Health
                                  Education
                                                                         Water And Sewer
Human Resources and Skills
                                  Energy
Development
                                  Environment
Indian Affairs and Northern
Development                       Finance
Industry                          Francophone Affairs
Intergovernmental Affairs         Government Services
International Cooperation         Health and Long-Term Care
International Trade               Health Promotion and Sport
Justice                           Infrastructure
Labour                            Intergovernmental Affairs
National Defence                  Labour
National Revenue                  Municipal Affairs and Housing
Natural Resources                 Natural Resources
Public Safety                     Northern Development, Mines, and
                                  Forestry
Public Works and Government
Services                          Research and Innovation
Transport, Infrastructure, and    Revenue
Communities
                                  Tourism
Treasury Board
                                  Training, Colleges, and Universities
Veterans Affairs
                                  Transportation
Handout 2.6: Alphabetical List of Federal, Provincial, and Municipal Responsibilities

Aboriginal Affairs                               Indian Affairs and Northern Development
Agriculture and Agri-Food                        Industry
Agriculture, Food, and Rural Affairs             Infrastructure
Arts and Community                               Intergovernmental Affairs
Attorney General                                 Intergovernmental Affairs
Attorney General of Canada                       International Cooperation
Building and Health Inspection                   International Trade
By-Laws                                          Justice
Canadian Heritage and Official Languages         Labour
Children and Youth Services                      Labour
Citizenship and Immigration                      Libraries Health and Long-Term Care
Citizenship, Immigration, and Multiculturalism   Municipal Affairs and Housing
Community and Social Services                    National Defence
Community Safety and Correctional Services       National Revenue
Consumer Services                                Natural Resources
Culture                                          Natural Resources
Economic Development And Trade                   Northern Development, Mines, and Forestry
Education                                        Parks and Recreation
Energy                                           Planning and Zoning
Environment                                      Policing and Fire Protection
Environment                                      Public Safety
Environment                                      Public Works and Government Services
Finance                                          Research and Innovation
Finance                                          Revenue
Fisheries and Oceans                             Solid Waste Management
Francophone Affairs                              Tourism
La Francophonie                                  Training, Colleges, and Universities
Foreign Affairs                                  Transport, Infrastructure, and Communities
Government Services                              Transportation
Health                                           Transportation and Infrastructure
Health Promotion and Sport                       Treasury Board
Human Resources                                  Veterans Affairs
Human Resources and Skills Development           Water And Sewer
Handout 2.7: Legislative Powers of Parliament of Canada
From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Powers of the Parliament
Legislative Authority of Parliament of Canada
91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House
of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to
all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the
Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of
the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this
Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming
within the Classes of Subjects next hereinafter enumerated; that is to say, —
  1. Repealed.
  1A. The Public Debt and Property.
  2. The Regulation of Trade and Commerce.
  2A. Unemployment insurance.
  3. The raising of Money by any Mode or System of Taxation.
  4. The borrowing of Money on the Public Credit.
  5. Postal Service.
  6. The Census and Statistics.
  7. Militia, Military and Naval Service, and Defence.
  8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the
  Government of Canada.
  9. Beacons, Buoys, Lighthouses, and Sable Island.
  10. Navigation and Shipping.
  11. Quarantine and the Establishment and Maintenance of Marine Hospitals.
  12. Sea Coast and Inland Fisheries.
  13. Ferries between a Province and any British or Foreign Country or between Two Provinces.
  14. Currency and Coinage.
  15. Banking, Incorporation of Banks, and the Issue of Paper Money.
  16. Savings Banks.
  17. Weights and Measures.
  18. Bills of Exchange and Promissory Notes.
  19. Interest.
  20. Legal Tender.
  21. Bankruptcy and Insolvency.
  22. Patents of Invention and Discovery.
  23. Copyrights.
  24. Indians, and Lands reserved for the Indians.
  25. Naturalization and Aliens.
  26. Marriage and Divorce.
  27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the
  Procedure in Criminal Matters.
  28. The Establishment, Maintenance, and Management of Penitentiaries.
  29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of
  Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
  And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not
  be deemed to come within the Class of Matters of a local or private Nature comprised in the
  Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the
  Provinces.
Handout 2.8: Legislative Powers of Provincial Legislatures
From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Exclusive Powers of Provincial Legislatures
92. In each Province the Legislature may exclusively make Laws in relation to Matters coming
within the Classes of Subjects next hereinafter enumerated; that is to say, —
 1. Repealed.
 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.
 3. The borrowing of Money on the sole Credit of the Province.
 4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of
 Provincial Officers.
 5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and
 Wood thereon.
 6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and
 for the Province.
 7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and
 Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
 8. Municipal Institutions in the Province.
 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for
 Provincial, Local, or Municipal Purposes.
 10. Local Works and Undertakings other than such as are of the following Classes:
    (a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and
    Undertakings connecting the Province with any other or others of the Provinces, or extending
    beyond the Limits of the Province:
    (b) Lines of Steam Ships between the Province and any British or Foreign Country:
    (c) Such Works as, although wholly situate within the Province, are before or after their
    Execution declared by the Parliament of Canada to be for the general Advantage of Canada or
    for the Advantage of Two or more of the Provinces.
 11. The Incorporation of Companies with Provincial Objects.
 12. The Solemnization of Marriage in the Province.
 13. Property and Civil Rights in the Province.
 14. The Administration of Justice in the Province, including the Constitution, Maintenance, and
 Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including
 Procedure in Civil Matters in those Courts.
 15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the
 Province made in relation to any Matter coming within any of the Classes of Subjects enumerated
 in this Section.
 16. Generally all Matters of a merely local or private Nature in the Province.
Handout 2.9: Legislative Powers of Provincial Legislatures (cont.)
From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Non-Renewable Natural Resources, Forestry Resources and Electrical Energy
92A.
 (1) In each province, the legislature may exclusively make laws in relation to
   (a) exploration for non-renewable natural resources in the province;
   (b) development, conservation and management of non-renewable natural resources and
   forestry resources in the province, including laws in relation to the rate of primary production
   therefrom; and
   (c) development, conservation and management of sites and facilities in the province for the
   generation and production of electrical energy.
 Export from provinces of resources
 (2) In each province, the legislature may make laws in relation to the export from the province to
 another part of Canada of the primary production from non-renewable natural resources and
 forestry resources in the province and the production from facilities in the province for the
 generation of electrical energy, but such laws may not authorize or provide for discrimination in
 prices or in supplies exported to another part of Canada.
 Authority of Parliament
 (3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation
 to the matters referred to in that subsection and, where such a law of Parliament and a law of a
 province conflict, the law of Parliament prevails to the extent of the conflict.
 Taxation of resources
 (4) In each province, the legislature may make laws in relation to the raising of money by any
 mode or system of taxation in respect of
   (a) non-renewable natural resources and forestry resources in the province and the primary
   production therefrom, and
   (b) sites and facilities in the province for the generation of electrical energy and the production
   therefrom,
 whether or not such production is exported in whole or in part from the province, but such laws
 may not authorize or provide for taxation that differentiates between production exported to
 another part of Canada and production not exported from the province.
 Primary Production
 (5) The expression "primary production" has the meaning assigned by the Sixth Schedule.
 Existing powers or rights
 (6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or
 government of a province had immediately before the coming into force of this section.
Handout 2.10: Provisions Respecting Particular Legislative Domains
From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.”

Education
Legislation Respecting Education
93. In and for each Province the Legislature may exclusively make Laws in relation to Education,
subject and according to the following Provisions:—
  (1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to
  Denominational Schools which any Class of Persons have by Law in the Province at the Union:
  (2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper
  Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects
  shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant
  and Roman Catholic Subjects in Quebec:
  (3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the
  Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the
  Governor General in Council from any Act or Decision of any Provincial Authority affecting any
  Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation
  to Education:
  (4) In case any such Provincial Law as from Time to Time seems to the Governor General in
  Council requisite for the due Execution of the Provisions of this Section is not made, or in case
  any Decision of the Governor General in Council on any Appeal under this Section is not duly
  executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as
  far only as the Circumstances of each Case require, the Parliament of Canada may make remedial
  Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor
  General in Council under this Section.
Quebec
93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec.

Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick
Legislation for Uniformity of Laws in Three Provinces
94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the
Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia,
and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and
from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make
Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this
Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity
shall not have effect in any Province unless and until it is adopted and enacted as Law by the
Legislature thereof.

Old Age Pensions
Legislation respecting old age pensions and supplementary benefits
94A. The Parliament of Canada may make laws in relation to old age pensions and supplementary
benefits, including survivors' and disability benefits irrespective of age, but no such law shall affect
the operation of any law present or future of a provincial legislature in relation to any such matter.

Agriculture and Immigration
Concurrent Powers of Legislation respecting Agriculture, etc.
95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and
to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from
Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration
into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture
or to Immigration shall have effect in and for the Province as long and as far only as it is not
repugnant to any Act of the Parliament of Canada.
Handout 2.11: Ontario Legislation Respecting General Municipal Powers (Single Tier)
From “Municipal Act, 2001, Part II, General Municipal Powers.”

Scope of powers
8.
  (1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to
  confer broad authority on the municipality to enable the municipality to govern its affairs as it
  considers appropriate and to enhance the municipality’s ability to respond to municipal issues.
  2006, c. 32, Sched. A, s. 8.
  Ambiguity
  (2) In the event of ambiguity in whether or not a municipality has the authority under this or any
  other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to
  include, rather than exclude, powers the municipality had on the day before this Act came into
  force. 2006, c. 32, Sched. A, s. 8.
  Scope of by-law making power
  (3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11
  respecting a matter may,
    (a) regulate or prohibit respecting the matter;
    (b) require persons to do things respecting the matter;
    (c) provide for a system of licences respecting the matter. …

Broad authority, single-tier municipalities
10.
  (1) A single-tier municipality may provide any service or thing that the municipality considers
  necessary or desirable for the public. 2006, c. 32, Sched. A, s. 8.
  By-laws
  (2) A single-tier municipality may pass by-laws respecting the following matters:
    1. Governance structure of the municipality and its local boards.
    2. Accountability and transparency of the municipality and its operations and of its local boards
    and their operations.
    3. Financial management of the municipality and its local boards.
    4. Public assets of the municipality acquired for the purpose of exercising its authority under
    this or any other Act.
    5. Economic, social and environmental well-being of the municipality.
    6. Health, safety and well-being of persons.
    7. Services and things that the municipality is authorized to provide under subsection (1).
    8. Protection of persons and property, including consumer protection.
    9. Animals.
    10. Structures, including fences and signs.
    11. Business licensing. 2006, c. 32, Sched. A, s. 8.
Handout 2.12: Ontario Legislation Respecting General Municipal Powers (Multiple Tiers)
From “Municipal Act, 2001, Part II, General Municipal Powers.”

Broad authority, lower-tier and upper-tier municipalities
11.
  (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that
  the municipality considers necessary or desirable for the public, subject to the rules set out in
  subsection (4).
  By-laws
  (2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the
  rules set out in subsection (4), respecting the following matters:
    1. Governance structure of the municipality and its local boards.
    2. Accountability and transparency of the municipality and its operations and of its local boards
    and their operations.
    3. Financial management of the municipality and its local boards.
    4. Public assets of the municipality acquired for the purpose of exercising its authority under
    this or any other Act.
    5. Economic, social and environmental well-being of the municipality.
    6. Health, safety and well-being of persons.
    7. Services and things that the municipality is authorized to provide under subsection (1).
    8. Protection of persons and property, including consumer protection.
  By-laws re: matters within spheres of jurisdiction
  (3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the
  rules set out in subsection (4), respecting matters within the following spheres of jurisdiction:
    1. Highways, including parking and traffic on highways.
    2. Transportation systems, other than highways.
    3. Waste management.
    4. Public utilities.
    5. Culture, parks, recreation and heritage.
    6. Drainage and flood control, except storm sewers.
    7. Structures, including fences and signs.
    8. Parking, except on highways.
    9. Animals.
    10. Economic development services.
    11. Business licensing.
Handout 2.13: Historical Foundations of Government Responsibilities: Lord Durham
From Andrew Sancton, “Canadian Municipal History,” localgovernment.ca, Internet:
http://www.localgovernment.ca/show_libary.cfm?id=56, accessed 22 August 2010.

The thinking behind the Municipal Corporations Act was transmitted to Canada by Lord Durham in
his famous report that followed the rebellions of 1836-37. Although Durham made numerous
comments about the virtues of a comprehensive system of local government, the most apt is
probably this:
“The establishment of a good system of municipal institutions throughout the Provinces is a matter
of vital importance. A general legislature, which manages the private business of every parish, in
addition to the common business of the country, wields a power which no single body, however
popular in its constitution, ought to have; a power which must be destructive of any constitutional
balance. The true principle of limiting popular power is that apportionment of it in many different
depositories which has been adopted in all the most free and stable States of the Union. Instead of
confiding the whole collection and distribution of all the revenues raised in any country for all
general and local purposes to a single representative body, the power of local assessment, and the
application of the funds arising from it, should be entrusted to local management. It is in vain to
expect that this sacrifice of power will be voluntarily made by any representative body. The
establishment of municipal institutions for the whole country should be made a part of every
colonial constitution; and the prerogative of the Crown should be constantly interposed to check
any encroachment on the functions of the local bodies, until the people should come alive, as most
assuredly they almost immediately would be, to the necessity of protecting their local privileges.”
Handout 2.14: Historical Foundations of Government Responsibilities: John. A Macdonald
From Canada Parliamentary debates on the subject of the confederation of the British North
American provinces, 3rd session, 8th Provincial Parliament of Canada, (Quebec: Hunter, Rose &
Co., Parliamentary Printers. 1865) pp. 29-45. Accessed from Library and Archives Canada,
Internet: http://www.collectionscanada.gc.ca/confederation/023001-7148-e.html, 22 August 2010.

 “...Now, as regards the comparative advantages of a Legislative and a Federal Union, I have never
hesitated to state my own opinions. I have again and again stated in the House, that, if practicable,
I thought a Legislative Union would be preferable. (Hear, hear.)

“I have always contended that if we could agree to have one government and one parliament,
legislating for the whole of these peoples, it would be the best, the cheapest, the most vigorous,
and the strongest system of government we could adopt. (Hear, hear.) But, on looking at the
subject in the Conference, and discussing the matter as we did, most unreservedly, and with a
desire to arrive at a satisfactory conclusion, we found that such a system was impracticable. In the
first place, it would not meet the assent of the people of Lower Canada, because they felt that in
their peculiar position -- being in a minority, with a different language, nationality and religion from
the majority, -- in case of a junction with the other provinces, their institutions and their laws
might be assailed, and their ancestral associations, on which they prided themselves, attacked and
prejudiced; it was found that any proposition which involved the absorption of the individuality of
Lower Canada -- if I may use the expression-- would not be received with favour by her people. We
found too, that though their people speak the same language and enjoy the same system of law as
the people of Upper Canada, a system founded on the common law of England, there was as great
a disinclination on the part of the various Maritime Provinces to lose their individuality, as separate
political organizations, as we observed in the case of Lower Canada herself. (Hear, hear).
Therefore, we were forced to the conclusion that we must either abandon the idea of Union
altogether, or devise a system of union in which the separate provincial organizations would be in
some degree preserved…

“Ever since the union was formed the difficulty of what is called "State Rights" has existed, and this
had much to do in bringing on the present unhappy war in the United States. They commenced, in
fact, at the wrong end. They declared by their Constitution that each state was a sovereignty in
itself, and that all the powers incident to a sovereignty belonged to each state, except those
powers which, by the Constitution, were conferred upon the General Government and Congress.
Here we have adopted a different system. We have strengthened the General Government. We
have given the General Legislature all the great subjects of legislation. We have conferred on them,
not only specifically and in detail, all the powers which are incident to sovereignty, but we have
expressly declared that all subjects of general interest not distinctly and exclusively conferred upon
the local governments and local legislatures, shall be conferred upon the General Government and
Legislature. -- We have thus avoided that great source of weakness which has been the cause of
the disruption of the United States. We have avoided all conflict of jurisdiction and authority, and if
this Constitution is carried out,...we will have in fact, as I said before, all the advantages of a
legislative union under one administration, with, at the same time, the guarantees for local
institutions and for local laws, which are insisted upon by so many in the provinces now, I hope, to
be united…”
Handout 2.15: Interesting Government Responsibilities
Select an area of responsibility that interests you from each of the three levels of government. Use
information from the corresponding government website to discover each department’s mandate as
well as the principal activities of each government department.

Government Responsibility         Name of Ministry or Department     Level of Government


Mandate / Mission




Principal Activities




Government Responsibility         Name of Ministry or Department     Level of Government


Mandate / Mission




Principal Activities




Government Responsibility         Name of Ministry or Department     Level of Government


Mandate / Mission




Principal Activities

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Municipal Election Lesson 2 - Levels of Government in Canada

  • 1. Big Idea: Informed participation in local government both stimulates and upholds the principles of democracy. Essential Question: What are the characteristics of an informed Canadian citizen participating in a municipal election or school board election? Government Across Canada: Providing Guidance, Boundaries & Structure to Canadians Canadian federalism provides “a general government and legislature for general purposes with local governments and legislatures for local purposes” that is constitutionally responsible to Canadians. Hook 5-10 min. Examine the list of recent elections in Canada. (Handout 2.1) Using this information, hypothesize why there are different levels of government and why there are so many elections. Do you think that this is an ideal arrangement for Canadians? Essential Learning 40-50 min. 1. Three levels of government have been established to order Canadian society: federal, provincial/territorial, and municipal. Using Handout 2.2, identify the leaders of each level of government for your community as well as the location where each government is located. Consider conducting a webquest or using an encyclopedia to find the required information. 2. Sir John A. Macdonald, Canada’s first Prime Minister, stated that federalism provided “a general government and legislature for general purposes with local governments and legislatures for local purposes.” Using Handouts 2.3 to 12, determine the level of government and department associated with the listed responsibilities. 3. Illustrate how government regulation impacts nearly every aspect of Canadians’ lives by tracking your activities over the course of one day and relating these activities to a federal, provincial, or municipal government responsibility. Share your findings. ex. 7:00 am Eat breakfast Agriculture (Federal) 7:30 am Shower & brush teeth Water & Sewer (Municipal) 8:00 am Go to School Education (Provincial/Territorial) 4. From this set of activities, review what you have discussed and learned about the reasons for and functions of different levels of government in Canada. Extended Learning 10-20 min. Option A: Imagine that you are the leader of a local citizens’ organization desiring to erect a monument in your community that commemorates either a) farming in Canada; b) fishing in Canada; c) environmentalism in Canada; or d) Canadians growing up in the 1950s. The support of all three levels of government will be required to build the monument your organization has in mind. After choosing what you are hoping to commemorate with your monument, identify the government departments that you would need to contact and a) write brief letters to each department explaining what you are trying to accomplish and why the department in question should put money towards your project; or b) write brief letters of recognition that thank the government departments for their support and involvement. Consider presenting your correspondence aloud.
  • 2. Option B: Collect news articles that demonstrate interaction between different levels of government. For each article, briefly summarize why more than one government is involved in providing a service to the public. Option C: Select an area of responsibility that interests you from each of the three levels of government. Use information from the corresponding government website to discover each department’s mandate as well as the principal activities of each government department. Share your findings with the rest of the class. Consider using Handout 2.15 to organize your findings. Option D: Imagine that you are considering running for public office. Consider and compare the advantages that each level of government offers (power to shape society or community, ability to make people happy, personal interest in responsibilities, celebrity status, etc) in order to justify the level of government to which you would prefer to be elected. Key Terms Cabinet; Cabinet Minister; councillor; department; effective; federalism; government; House of Commons; Leader of the Opposition; Legislative Assembly; Member of Legislative Assembly; Member of National Assembly; Member of Parliament; Member of Provincial Parliament; Minister of the Crown; ministry; municipal council; municipality; National Assembly; Premier; Prime Minister; Provincial Parliament; reeve; relevant; representative; Senate; Senator Essential Questions How do the purposes of separate levels of government differ? How is the Canadian citizen connected to each of the separate levels of government? How is the Canadian citizen represented by each of the separate levels of government? Teacher Preparation Select teaching strategies for essential learning activities Make class copies of required handouts Book computer lab, if desired Preview websites to be used for class activities, if desired (see chapter on Additional Resources) Select extended learning activity and teaching strategies, if desired Have selection of newspapers available to students, if desired Assessment Students should provide evidence that they have the ability to differentiate between the different levels of government in Canada and that that they are able to apply their knowledge of the separation of government powers.
  • 3. Handout 2.1: List of General Elections in Canada Since 2004 Year of Election Location of Election Level of Government 2010 Alberta Municipal 2010 Manitoba Municipal 2010 Ontario Municipal 2010 Prince Edward Island Municipal (cities only) 2010 Saskatchewan Municipal (some rural areas only) 2009 British Columbia Provincial 2009 Newfoundland Municipal 2009 Northwest Territories Municipal (taxed communities) 2009 Nova Scotia Provincial 2009 Nunavut Municipal 2009 Prince Edward Island Municipal (towns and rural only) 2009 Quebec Municipal 2009 Saskatchewan Municipal (urban municipalities only) 2009 Saskatchewan Municipal (some rural areas only) 2009 Yukon Municipal 2008 Canada Federal 2008 Alberta Provincial 2008 British Columbia Municipal 2008 New Brunswick Municipal 2008 Northwest Territories Municipal (hamlets) 2008 Nova Scotia Municipal 2008 Nunavut Territory 2008 Quebec Provincial 2008 Saskatchewan Municipal (some rural areas only) 2007 Alberta Municipal 2007 Manitoba Provincial 2007 Newfoundland Provincial 2007 Northwest Territories Territory 2007 Ontario Provincial 2007 Prince Edward Island Provincial 2007 Quebec Provincial 2007 Saskatchewan Provincial 2007 Saskatchewan Municipal (some rural areas only) 2006 Canada Federal 2006 New Brunswick Provincial 2006 Manitoba Municipal 2006 Northwest Territories Municipal (taxed communities) 2006 Nova Scotia Provincial 2006 Ontario Municipal 2006 Prince Edward Island Municipal (cities only) 2006 Prince Edward Island Municipal (towns and rural only) 2006 Saskatchewan Municipal (urban municipalities only) 2006 Saskatchewan Municipal (some rural areas only) 2006 Yukon Territory 2006 Yukon Municipal 2005 British Columbia Provincial 2005 British Columbia Municipal 2005 Newfoundland Municipal 2005 Quebec Municipal 2004 Canada Federal 2004 Alberta Provincial 2004 Alberta Municipal 2004 New Brunswick Municipal 2004 Northwest Territories Municipal (hamlets) 2004 Nunavut Territory
  • 4. Handout 2.2: Investigating Government Complete this table using the resources provided by your teacher. Municipal Provincial/Territory Federal Government Government Government Where does this level of government meet? What is the name of the building and in what city is it located? What is the official title of the leader of this level of government? What is the name of the politician who currently holds this office? What is the official name of the elected members at this level of government? What is the name of the politician who currently represents the area where you live? What is the name of the geographical area that each elected member represents? What is the name of the electoral area where live? What are two responsibilities of this level of government?
  • 5. Handout 2.3: Government Responsibilities Correctly assign government responsibilities to the appropriate level of government by using the resources provided by your teacher. Responsibilities appearing more than once in the list below indicate that two or more levels of government share the responsibility. Federal Provincial Municipal
  • 6. Handout 2.4: Who’s Responsibility Is It? Correctly assign each description of a government responsibility to the appropriate level of government and government department by using the resources provided by your teacher. Description Level Department Administers the health care system and provides health services to the public Promotes clean and safe air, land, and water use to ensure healthy communities, sustainable development, and the preservation of nature for future generations of Ontarians Works towards a more peaceful and secure world, and promotes out culture and values internationally Administers the system of funded elementary and secondary school education Maintains public libraries Plants, repairs, prunes, and removes trees in parks and open spaces Develops renewable sources of energy and cleaner forms of fuel, fosters a culture of conservation, and protects our environment Specializes in the sustainable use and development of natural spaces, minerals, metals, forests, and bodies of water Encourages healthy growth and development of children, supports children with exceptional needs, and protects children from abuse Admits immigrants, visitors, foreign students, and temporary workers who will enhance the country’s social and economic growth Meets the government’s constitutional, treaty, political, and legal obligations to First Nations, Inuit, and northern communities Implements garbage pick-up and recycling programs Sets, communicates, and enforces workplace standards, and encourages greater workplace self-reliance Preserves and modernizes Canada’s healthcare system, and communicates health promotion and disease prevention information
  • 7. Handout 2.5: Government Responsibilities A list of federal, provincial, and municipal government responsibilities based upon current legislation and Cabinet positions for the federal and Ontario governments. Federal Provincial Municipal Agriculture and Agri-Food Aboriginal Affairs Arts and Community Attorney General of Canada Agriculture, Food, and Rural Affairs Building and Health Inspection Canadian Heritage and Official Attorney General By-Laws Languages Children and Youth Services Environment Citizenship, Immigration, and Citizenship and Immigration Human Resources Multiculturalism Community and Social Services Libraries Environment Community Safety and Parks and Recreation Finance Correctional Services Planning and Zoning Fisheries and Oceans Consumer Services Policing and Fire Protection La Francophonie Culture Solid Waste Management Foreign Affairs Economic Development And Trade Transportation and Infrastructure Health Education Water And Sewer Human Resources and Skills Energy Development Environment Indian Affairs and Northern Development Finance Industry Francophone Affairs Intergovernmental Affairs Government Services International Cooperation Health and Long-Term Care International Trade Health Promotion and Sport Justice Infrastructure Labour Intergovernmental Affairs National Defence Labour National Revenue Municipal Affairs and Housing Natural Resources Natural Resources Public Safety Northern Development, Mines, and Forestry Public Works and Government Services Research and Innovation Transport, Infrastructure, and Revenue Communities Tourism Treasury Board Training, Colleges, and Universities Veterans Affairs Transportation
  • 8. Handout 2.6: Alphabetical List of Federal, Provincial, and Municipal Responsibilities Aboriginal Affairs Indian Affairs and Northern Development Agriculture and Agri-Food Industry Agriculture, Food, and Rural Affairs Infrastructure Arts and Community Intergovernmental Affairs Attorney General Intergovernmental Affairs Attorney General of Canada International Cooperation Building and Health Inspection International Trade By-Laws Justice Canadian Heritage and Official Languages Labour Children and Youth Services Labour Citizenship and Immigration Libraries Health and Long-Term Care Citizenship, Immigration, and Multiculturalism Municipal Affairs and Housing Community and Social Services National Defence Community Safety and Correctional Services National Revenue Consumer Services Natural Resources Culture Natural Resources Economic Development And Trade Northern Development, Mines, and Forestry Education Parks and Recreation Energy Planning and Zoning Environment Policing and Fire Protection Environment Public Safety Environment Public Works and Government Services Finance Research and Innovation Finance Revenue Fisheries and Oceans Solid Waste Management Francophone Affairs Tourism La Francophonie Training, Colleges, and Universities Foreign Affairs Transport, Infrastructure, and Communities Government Services Transportation Health Transportation and Infrastructure Health Promotion and Sport Treasury Board Human Resources Veterans Affairs Human Resources and Skills Development Water And Sewer
  • 9. Handout 2.7: Legislative Powers of Parliament of Canada From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.” Powers of the Parliament Legislative Authority of Parliament of Canada 91. It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and good Government of Canada, in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, — 1. Repealed. 1A. The Public Debt and Property. 2. The Regulation of Trade and Commerce. 2A. Unemployment insurance. 3. The raising of Money by any Mode or System of Taxation. 4. The borrowing of Money on the Public Credit. 5. Postal Service. 6. The Census and Statistics. 7. Militia, Military and Naval Service, and Defence. 8. The fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada. 9. Beacons, Buoys, Lighthouses, and Sable Island. 10. Navigation and Shipping. 11. Quarantine and the Establishment and Maintenance of Marine Hospitals. 12. Sea Coast and Inland Fisheries. 13. Ferries between a Province and any British or Foreign Country or between Two Provinces. 14. Currency and Coinage. 15. Banking, Incorporation of Banks, and the Issue of Paper Money. 16. Savings Banks. 17. Weights and Measures. 18. Bills of Exchange and Promissory Notes. 19. Interest. 20. Legal Tender. 21. Bankruptcy and Insolvency. 22. Patents of Invention and Discovery. 23. Copyrights. 24. Indians, and Lands reserved for the Indians. 25. Naturalization and Aliens. 26. Marriage and Divorce. 27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters. 28. The Establishment, Maintenance, and Management of Penitentiaries. 29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces. And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
  • 10. Handout 2.8: Legislative Powers of Provincial Legislatures From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.” Exclusive Powers of Provincial Legislatures 92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, — 1. Repealed. 2. Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes. 3. The borrowing of Money on the sole Credit of the Province. 4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers. 5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood thereon. 6. The Establishment, Maintenance, and Management of Public and Reformatory Prisons in and for the Province. 7. The Establishment, Maintenance, and Management of Hospitals, Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals. 8. Municipal Institutions in the Province. 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes. 10. Local Works and Undertakings other than such as are of the following Classes: (a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province: (b) Lines of Steam Ships between the Province and any British or Foreign Country: (c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces. 11. The Incorporation of Companies with Provincial Objects. 12. The Solemnization of Marriage in the Province. 13. Property and Civil Rights in the Province. 14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts. 15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes of Subjects enumerated in this Section. 16. Generally all Matters of a merely local or private Nature in the Province.
  • 11. Handout 2.9: Legislative Powers of Provincial Legislatures (cont.) From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.” Non-Renewable Natural Resources, Forestry Resources and Electrical Energy 92A. (1) In each province, the legislature may exclusively make laws in relation to (a) exploration for non-renewable natural resources in the province; (b) development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and (c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy. Export from provinces of resources (2) In each province, the legislature may make laws in relation to the export from the province to another part of Canada of the primary production from non-renewable natural resources and forestry resources in the province and the production from facilities in the province for the generation of electrical energy, but such laws may not authorize or provide for discrimination in prices or in supplies exported to another part of Canada. Authority of Parliament (3) Nothing in subsection (2) derogates from the authority of Parliament to enact laws in relation to the matters referred to in that subsection and, where such a law of Parliament and a law of a province conflict, the law of Parliament prevails to the extent of the conflict. Taxation of resources (4) In each province, the legislature may make laws in relation to the raising of money by any mode or system of taxation in respect of (a) non-renewable natural resources and forestry resources in the province and the primary production therefrom, and (b) sites and facilities in the province for the generation of electrical energy and the production therefrom, whether or not such production is exported in whole or in part from the province, but such laws may not authorize or provide for taxation that differentiates between production exported to another part of Canada and production not exported from the province. Primary Production (5) The expression "primary production" has the meaning assigned by the Sixth Schedule. Existing powers or rights (6) Nothing in subsections (1) to (5) derogates from any powers or rights that a legislature or government of a province had immediately before the coming into force of this section.
  • 12. Handout 2.10: Provisions Respecting Particular Legislative Domains From “The Constitution Acts of Canada, 1867 to 1982, Part VI, Distribution of Legislative Powers.” Education Legislation Respecting Education 93. In and for each Province the Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions:— (1) Nothing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union: (2) All the Powers, Privileges, and Duties at the Union by Law conferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Roman Catholic Subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Roman Catholic Subjects in Quebec: (3) Where in any Province a System of Separate or Dissentient Schools exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education: (4) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parliament of Canada may make remedial Laws for the due Execution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. Quebec 93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec. Uniformity of Laws in Ontario, Nova Scotia, and New Brunswick Legislation for Uniformity of Laws in Three Provinces 94. Notwithstanding anything in this Act, the Parliament of Canada may make Provision for the Uniformity of all or any of the Laws relative to Property and Civil Rights in Ontario, Nova Scotia, and New Brunswick, and of the Procedure of all or any of the Courts in those Three Provinces, and from and after the passing of any Act in that Behalf the Power of the Parliament of Canada to make Laws in relation to any Matter comprised in any such Act shall, notwithstanding anything in this Act, be unrestricted; but any Act of the Parliament of Canada making Provision for such Uniformity shall not have effect in any Province unless and until it is adopted and enacted as Law by the Legislature thereof. Old Age Pensions Legislation respecting old age pensions and supplementary benefits 94A. The Parliament of Canada may make laws in relation to old age pensions and supplementary benefits, including survivors' and disability benefits irrespective of age, but no such law shall affect the operation of any law present or future of a provincial legislature in relation to any such matter. Agriculture and Immigration Concurrent Powers of Legislation respecting Agriculture, etc. 95. In each Province the Legislature may make Laws in relation to Agriculture in the Province, and to Immigration into the Province; and it is hereby declared that the Parliament of Canada may from Time to Time make Laws in relation to Agriculture in all or any of the Provinces, and to Immigration into all or any of the Provinces; and any Law of the Legislature of a Province relative to Agriculture or to Immigration shall have effect in and for the Province as long and as far only as it is not repugnant to any Act of the Parliament of Canada.
  • 13. Handout 2.11: Ontario Legislation Respecting General Municipal Powers (Single Tier) From “Municipal Act, 2001, Part II, General Municipal Powers.” Scope of powers 8. (1) The powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues. 2006, c. 32, Sched. A, s. 8. Ambiguity (2) In the event of ambiguity in whether or not a municipality has the authority under this or any other Act to pass a by-law or to take any other action, the ambiguity shall be resolved so as to include, rather than exclude, powers the municipality had on the day before this Act came into force. 2006, c. 32, Sched. A, s. 8. Scope of by-law making power (3) Without limiting the generality of subsections (1) and (2), a by-law under sections 10 and 11 respecting a matter may, (a) regulate or prohibit respecting the matter; (b) require persons to do things respecting the matter; (c) provide for a system of licences respecting the matter. … Broad authority, single-tier municipalities 10. (1) A single-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public. 2006, c. 32, Sched. A, s. 8. By-laws (2) A single-tier municipality may pass by-laws respecting the following matters: 1. Governance structure of the municipality and its local boards. 2. Accountability and transparency of the municipality and its operations and of its local boards and their operations. 3. Financial management of the municipality and its local boards. 4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the municipality. 6. Health, safety and well-being of persons. 7. Services and things that the municipality is authorized to provide under subsection (1). 8. Protection of persons and property, including consumer protection. 9. Animals. 10. Structures, including fences and signs. 11. Business licensing. 2006, c. 32, Sched. A, s. 8.
  • 14. Handout 2.12: Ontario Legislation Respecting General Municipal Powers (Multiple Tiers) From “Municipal Act, 2001, Part II, General Municipal Powers.” Broad authority, lower-tier and upper-tier municipalities 11. (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4). By-laws (2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters: 1. Governance structure of the municipality and its local boards. 2. Accountability and transparency of the municipality and its operations and of its local boards and their operations. 3. Financial management of the municipality and its local boards. 4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the municipality. 6. Health, safety and well-being of persons. 7. Services and things that the municipality is authorized to provide under subsection (1). 8. Protection of persons and property, including consumer protection. By-laws re: matters within spheres of jurisdiction (3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction: 1. Highways, including parking and traffic on highways. 2. Transportation systems, other than highways. 3. Waste management. 4. Public utilities. 5. Culture, parks, recreation and heritage. 6. Drainage and flood control, except storm sewers. 7. Structures, including fences and signs. 8. Parking, except on highways. 9. Animals. 10. Economic development services. 11. Business licensing.
  • 15. Handout 2.13: Historical Foundations of Government Responsibilities: Lord Durham From Andrew Sancton, “Canadian Municipal History,” localgovernment.ca, Internet: http://www.localgovernment.ca/show_libary.cfm?id=56, accessed 22 August 2010. The thinking behind the Municipal Corporations Act was transmitted to Canada by Lord Durham in his famous report that followed the rebellions of 1836-37. Although Durham made numerous comments about the virtues of a comprehensive system of local government, the most apt is probably this: “The establishment of a good system of municipal institutions throughout the Provinces is a matter of vital importance. A general legislature, which manages the private business of every parish, in addition to the common business of the country, wields a power which no single body, however popular in its constitution, ought to have; a power which must be destructive of any constitutional balance. The true principle of limiting popular power is that apportionment of it in many different depositories which has been adopted in all the most free and stable States of the Union. Instead of confiding the whole collection and distribution of all the revenues raised in any country for all general and local purposes to a single representative body, the power of local assessment, and the application of the funds arising from it, should be entrusted to local management. It is in vain to expect that this sacrifice of power will be voluntarily made by any representative body. The establishment of municipal institutions for the whole country should be made a part of every colonial constitution; and the prerogative of the Crown should be constantly interposed to check any encroachment on the functions of the local bodies, until the people should come alive, as most assuredly they almost immediately would be, to the necessity of protecting their local privileges.”
  • 16. Handout 2.14: Historical Foundations of Government Responsibilities: John. A Macdonald From Canada Parliamentary debates on the subject of the confederation of the British North American provinces, 3rd session, 8th Provincial Parliament of Canada, (Quebec: Hunter, Rose & Co., Parliamentary Printers. 1865) pp. 29-45. Accessed from Library and Archives Canada, Internet: http://www.collectionscanada.gc.ca/confederation/023001-7148-e.html, 22 August 2010. “...Now, as regards the comparative advantages of a Legislative and a Federal Union, I have never hesitated to state my own opinions. I have again and again stated in the House, that, if practicable, I thought a Legislative Union would be preferable. (Hear, hear.) “I have always contended that if we could agree to have one government and one parliament, legislating for the whole of these peoples, it would be the best, the cheapest, the most vigorous, and the strongest system of government we could adopt. (Hear, hear.) But, on looking at the subject in the Conference, and discussing the matter as we did, most unreservedly, and with a desire to arrive at a satisfactory conclusion, we found that such a system was impracticable. In the first place, it would not meet the assent of the people of Lower Canada, because they felt that in their peculiar position -- being in a minority, with a different language, nationality and religion from the majority, -- in case of a junction with the other provinces, their institutions and their laws might be assailed, and their ancestral associations, on which they prided themselves, attacked and prejudiced; it was found that any proposition which involved the absorption of the individuality of Lower Canada -- if I may use the expression-- would not be received with favour by her people. We found too, that though their people speak the same language and enjoy the same system of law as the people of Upper Canada, a system founded on the common law of England, there was as great a disinclination on the part of the various Maritime Provinces to lose their individuality, as separate political organizations, as we observed in the case of Lower Canada herself. (Hear, hear). Therefore, we were forced to the conclusion that we must either abandon the idea of Union altogether, or devise a system of union in which the separate provincial organizations would be in some degree preserved… “Ever since the union was formed the difficulty of what is called "State Rights" has existed, and this had much to do in bringing on the present unhappy war in the United States. They commenced, in fact, at the wrong end. They declared by their Constitution that each state was a sovereignty in itself, and that all the powers incident to a sovereignty belonged to each state, except those powers which, by the Constitution, were conferred upon the General Government and Congress. Here we have adopted a different system. We have strengthened the General Government. We have given the General Legislature all the great subjects of legislation. We have conferred on them, not only specifically and in detail, all the powers which are incident to sovereignty, but we have expressly declared that all subjects of general interest not distinctly and exclusively conferred upon the local governments and local legislatures, shall be conferred upon the General Government and Legislature. -- We have thus avoided that great source of weakness which has been the cause of the disruption of the United States. We have avoided all conflict of jurisdiction and authority, and if this Constitution is carried out,...we will have in fact, as I said before, all the advantages of a legislative union under one administration, with, at the same time, the guarantees for local institutions and for local laws, which are insisted upon by so many in the provinces now, I hope, to be united…”
  • 17. Handout 2.15: Interesting Government Responsibilities Select an area of responsibility that interests you from each of the three levels of government. Use information from the corresponding government website to discover each department’s mandate as well as the principal activities of each government department. Government Responsibility Name of Ministry or Department Level of Government Mandate / Mission Principal Activities Government Responsibility Name of Ministry or Department Level of Government Mandate / Mission Principal Activities Government Responsibility Name of Ministry or Department Level of Government Mandate / Mission Principal Activities