A Quick Primer on Canadian Civics

Canada's system of government can be confusing, especially when it comes to understanding which level of government is responsible for what. This is a quick reference guide to the division of powers in Canada.

The Constitutional Framework

Canada is a federal parliamentary democracy and constitutional monarchy. The division of powers between federal and provincial governments is primarily defined in the Constitution Act, 1867¹ (originally the British North America Act), specifically in Sections 91-95.

Federal Responsibilities

Under Section 91², the federal government has exclusive jurisdiction over:

• National Defence and Armed Forces - The Canadian Armed Forces, military operations, and national security
• Foreign Affairs and International Trade - Treaties, embassies, trade agreements, and diplomatic relations
• Immigration and Citizenship - Though shared with provinces, federal government sets national standards
• Criminal Law - The Criminal Code, drug laws, and criminal procedure (though provinces administer justice)
• Banking and Currency - Chartered banks, interest rates, and monetary policy through the Bank of Canada
• Postal Service - Canada Post and mail delivery
• Unemployment Insurance - Employment Insurance (EI) program
• Navigation and Shipping - Marine transportation, ports, and waterways
• Fisheries - Ocean fisheries management (though often shared with provinces)
• Indigenous Affairs - Federal government has constitutional responsibility for First Nations, Inuit, and Métis peoples
• Telecommunications - Broadcasting, telecommunications infrastructure, and spectrum allocation
• Copyright and Patents - Intellectual property law

The federal government also has the power to raise money through "any Mode or System of Taxation" and has residual powers over matters not explicitly assigned to provinces.

Provincial Responsibilities

Under Sections 92-93³, provinces have exclusive jurisdiction over:

• Healthcare - Hospitals, medical services, and public health programs (though federally funded through Canada Health Transfer)
• Education - Primary, secondary, and post-secondary education systems
• Property and Civil Rights - Contract law, property law, employment standards, consumer protection
• Administration of Justice - Provincial courts, police forces, and corrections
• Natural Resources - Forestry, mining, oil and gas development on provincial lands
• Municipal Institutions - Creation and regulation of municipal governments
• Road Infrastructure - Provincial highways and roads (municipalities handle local roads)
• Social Services - Welfare, social assistance, and many social programs
• Occupational Licensing - Professional regulation (doctors, lawyers, engineers, etc.)
• Provincial Taxation - Direct taxation within the province (income tax, sales tax, property tax)

Provinces can also establish and maintain public institutions within their jurisdiction, such as universities and hospitals.

Shared Responsibilities

Some areas involve both levels of government:

• Agriculture - Both federal and provincial legislation applies
• Immigration - Federal government sets national policy; provinces can nominate immigrants and deliver settlement services
• Pensions - CPP/QPP is federal; provinces can establish additional pension plans
• Environment - Overlapping jurisdiction with federal criminal law powers and provincial property/civil rights

Municipal Governments

Municipalities (cities, towns, counties) are not recognized in the Constitution.⁴ They are entirely creatures of provincial legislation and only have powers delegated to them by their province. This is why municipal responsibilities vary significantly across Canada.

Common municipal responsibilities include:

• Local roads and transit
• Water and sewage services
• Garbage collection and recycling
• Local policing (shared with provinces)
• Zoning and land use planning
• Building permits and inspections
• Parks and recreation
• Fire services

Indigenous Governance

Indigenous governments (First Nations, Inuit, and Métis) have a unique constitutional status. Section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights.⁵ Modern treaty nations and self-governing Indigenous communities may have jurisdiction over:

• Education on reserve lands
• Child and family services
• Local governance
• Land management
• Resource development (within their territories)

The scope varies significantly based on specific treaties, self-government agreements, and ongoing negotiations.

Common Misconceptions

"Healthcare is free" - Healthcare services are publicly funded but paid for through taxes. Provincial health insurance plans cover medically necessary services,⁶ but prescription drugs, dental care, and vision care often require private insurance.

"The federal government can fix [provincial issue]" - The federal government cannot directly legislate in areas of provincial jurisdiction, though it can influence provinces through funding (conditional grants) or use its spending power.

"Municipal governments can override provincial law" - No. Municipal bylaws must comply with provincial legislation and can be overridden by provincial law.