SE 18 Flashcards
(26 cards)
Federalism
Definition: A division of j_________n and a________y between at least two levels of government
‘This division usually occurs between two ore more
c______________y recognized levels of government separated under the nation’s constitution & with their own autonomous (or semi-autonomous) constitutional powers
Federalism
Definition: A division of jurisdiction and authority between at least two levels of government
‘This division usually occurs between two ore more
constitutionally recognized levels of government separated under the nation’s constitution & with their own autonomous (or semi-autonomous) constitutional powers
Federalism
Each level of government usually has its own particular jurisdiction, i.e. areas of public policy in which it, and only it, may exercise authority
Federalism
Each level of government usually has its own particular jurisdiction, i.e. areas of public policy in which it, and only it, may exercise authority
Canadian Federalism
4 Levels of Government
The bulk of federal power lies with the federal head of government and his/her e_______e council, which are officially referred to as the Prime Minister and C______t, as well as the elected legislative chamber, the House of Commons.
The second federal
legislature, the S_____e, is an appointed body and exercises considerably less power
relative to the elected House of Commons
Canadian Federalism
4 Levels of Government
The bulk of federal power lies with the federal head of government and his/her executive council, which are officially referred to as the Prime Minister and Cabinet, as well as the elected legislative chamber, the House of Commons.
The second federal
legislature, the Senate, is an appointed body and exercises considerably less power
relative to the elected House of Commons
Canadian Federalism
Federal Government
C________________y recognized; Responsible for enacting & implementing laws for the whole country;
The head of state for the federal government is the M______y; however, his/her role is primarily ceremonial under Canada’s contemporary system of government.
Canadian Federalism
Federal Government
Constitutionally recognized; Responsible for enacting & implementing laws for the whole country;
The head of state for the federal government is the Monarchy; however, his/her role is primarily ceremonial under Canada’s contemporary system of government.
Canadian Federalism
Provincial Governments
Provincial governments form the s______d constitutionally recognized level of government in Canada.
There are 10 provinces in Canada, each with their own provincial government: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec,Newfoundland and
Labrador, Nova Scotia, New Brunswick, and Prince Edward Island.
Canadian Federalism
Provincial Governments
Provincial governments form the second constitutionally recognized level of government in Canada.
There are 10 provinces in Canada, each with their own provincial government: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec,Newfoundland and
Labrador, Nova Scotia, New Brunswick, and Prince Edward Island.
Canadian Federalism
These provincial governments enact and implement laws within their particular
provincial t________y, and are provided with their own c_________________y recognized
powers, which they may exercise independently from the federal government, and
from each other
Canadian Federalism
These provincial governments enact and implement laws within their particular
provincial territory, and are provided with their own constitutionally recognized
powers, which they may exercise independently from the federal government, and
from each other
Canadian Federalism
Territorial Governments
Canada also has three territories, each with their own governments: the Yukon, the
Northwest Territories, and Nunavut.
Like their provincial counterparts, these are regional governments, which are
responsible for enacting and implementing laws within their particular territorial
area.
Canadian Federalism
Territorial Governments
Canada also has three territories, each with their own governments: the Yukon, the
Northwest Territories, and Nunavut.
Like their provincial counterparts, these are regional governments, which are
responsible for enacting and implementing laws within their particular territorial
area.
Canadian Federalism
Territorial Governments
Unlike the provinces, however, territories are not constitutionally recognized entities,
with their own autonomous powers and jurisdictions.
Instead, the territories fall
under the legislative jurisdiction of the f______l government, whom is responsible for
creating territories and setting out their basic framework.
Canadian Federalism
Territorial Governments
Unlike the provinces, however, territories are not constitutionally recognized entities,
with their own autonomous powers and jurisdictions. Instead, the territories fall
under the legislative jurisdiction of the federal government, whom is responsible for
creating territories and setting out their basic framework.
Canadian Federalism
Local Governments
The final type of government in Canada is local government, which including
municipalities.
Like the territories, local governments are not c_____________y recognized entities
with their own autonomous powers and jurisdictions.
Instead, local governments fall under the jurisdiction of the p_______s and territories, which are responsible for creating local governments and setting out their basic
frameworks.
Canadian Federalism
Local Governments
The final type of government in Canada is local government, which including
municipalities.
Like the territories, local governments are not constitutionally recognized entities
with their own autonomous powers and jurisdictions.
Instead, local governments fall under the jurisdiction of the provinces and territories, which are responsible for creating local governments and setting out their basic
frameworks.
Benefits & Weaknesses of
Federalism
Benefits
Acts as a c_____k on governmental power
Protect local or r______l interests
Ability to manage & administer large geographical areas
Benefits & Weaknesses of
Federalism
Benefits
Acts as a check on governmental power
Protect local or regional interests
Ability to manage & administer large geographical areas
Benefits & Weaknesses of
Federalism
Weaknesses
Can lead to an inability for government to deal with difficult n______l issues
Can reinforce and entrench divisions within a country
Benefits & Weaknesses of
Federalism
Weaknesses
Can lead to an inability for government to deal with difficult national issues
Can reinforce and entrench divisions within a country
Canadian Federalism & the
Division of Powers
Confederation and the Division of Powers (18__ British North America Act
(renamed, in 1982, to the Constitution Act, 1867)
Section 9_ — granted each p_______e 16 enumerated powers; granted the p_______s
sole jurisdiction in these areas, meaning that only they, and not the federal govt,
could constitutionally legislate in them
Canadian Federalism & the
Division of Powers
Confederation and the Division of Powers (1867 British North America Act
(renamed, in 1982, to the Constitution Act, 1867)
Section 92 — granted each province 16 enumerated powers; granted the provinces
sole jurisdiction in these areas, meaning that only they, and not the federal govt,
could constitutionally legislate in them
Canadian Federalism & the
Division of Powers
Section 9_ — granted the provinces exclusive direction over e________n
Section 95 — provided for 2 concurrent powers in a_________e and i_______t, meaning that both levels of government are constitutionally permitted to legislate in these areas (i.e. shared area of jurisdiction
Canadian Federalism & the
Division of Powers
Section 93 — granted the provinces exclusive direction over education
Section 95 — provided for 2 concurrent powers in agriculture and immigrant, meaning that both levels of government are constitutionally permitted to legislate in these areas (i.e. shared area of jurisdiction
Canadian Federalism & the
Division of Powers
Confederation and the Division of Powers (1867 British North America Act
(renamed, in 1982, to the Constitution Act, 1867)
Section 92 of the Act confined the p________s to only “direct t_______n” to raise revenue.
Currently, most provinces charge an i_____e and c________e tax, a sales tax on the exchange
of goods and services, as well as revenues raised through licensing and other fees
Canadian Federalism & the
Division of Powers
Confederation and the Division of Powers (1867 British North America Act
(renamed, in 1982, to the Constitution Act, 1867)
Section 92 of the Act confined the provinces to only “direct taxation” to raise revenue.
Currently, most provinces charge an income and corporate tax, a sales tax on the exchange
of goods and services, as well as revenues raised through licensing and other fees
Canadian Federalism & the
Division of Powers
Section 91 — deals with f______l powers
Peace, Order, and Good Government— all powers not given to the p________e in Sec. 92 are left with
the federal government (e.g. trade & commerce, postal service, census and statistics, military, etc)
Federal government may raise revenues by any mode or system of taxation
Canadian Federalism & the
Division of Powers
Section 91 — deals with federal powers
Peace, Order, and Good Government— all powers not given to the province in Sec. 92 are left with
the federal government (e.g. trade & commerce, postal service, census and statistics, military, etc)
Federal government may raise revenues by any mode or system of taxation
Section 132 — provided the federal government with the power to implement treaties
Canadian Federalism & the
Division of Powers
Section 1__ — provided the federal government with the power to implement t______s
Canadian Federalism & the
Division of Powers
Section 132 — provided the federal government with the power to implement treaties
Canadian Federalism & the
Division of Powers
Constitutional Amendments and the Division of Powers
The bulk of these amendments dealt with federal-provincial control over social benefits, and resulted in an expansion of federal power. In 190, power over _____________t insurance was added to the list of exclusive federal powers under Section 9 of the Act.
Canadian Federalism & the
Division of Powers
Constitutional Amendments and the Division of Powers
The bulk of these amendments dealt with federal-provincial control over social benefits, and resulted in an expansion of federal power. In 1940, power over unemployment insurance was added to the list of exclusive federal powers under Section 91 of the Act.
Canadian Federalism & the
Division of Powers
Previously, the courts had ruled that unemployment insurance fell under provincial jurisdiction. In 19__, old age pensions were made a c_________t power, meaning that both levels of government were permitted to legislate in this area. Previously, control over pensions had been a solely provincial power under Section 9_ of the Act. Federal powers over pensions were further extended in 1964, when it was permitted to legislate in the areas of widows’ and survivors’ benefits and disability pensions.
Canadian Federalism & the
Division of Powers
Previously, the courts had ruled that unemployment insurance fell under provincial jurisdiction. In 1951, old age pensions were made a concurrent power, meaning that both levels of government were permitted to legislate in this area. Previously, control over pensions had been a solely provincial power under Section 92 of the Act. Federal powers over pensions were further extended in 1964, when it was permitted to legislate in the areas of widows’ and survivors’ benefits and
disability pensions.
Canadian Federalism & the
Division of Powers
Judicial Interpretation & the Division of Powers
It is important to note here the c___________l role of the courts. While the Constitution s__s out the basic rules of Canada’s system of government, the courts i________t those rules whenever conflicts arise.
Canadian Federalism & the
Division of Powers
Judicial Interpretation & the Division of Powers
It is important to note here the constitutional role of the courts. While the Constitution sets out the basic rules of Canada’s system of government, the courts interpret those rules whenever conflicts arise.
Canadian Federalism & the
Division of Powers
In the context of
federalism, the courts are asked to rule on disagreements between the different levels of government over such things as the d_______n of powers.
These judicial decisions can, in turn, have important impacts on the nature and operation of Canada’s ______l system.
Canadian Federalism & the
Division of Powers
In the context of
federalism, the courts are asked to rule on disagreements between the different levels of government over such things as the division of powers.
These judicial decisions can, in turn, have important impacts on the nature and operation of Canada’s federal system.
Canadian Fiscal Federalism
Spending powers under the Constitution
not explicitly discussed in the Constitution, but nevertheless plays an important role in the operation of Canadian federalism.
Spending powers simply refers to the right of a government to spend its own
m___y in areas outside of its normal constitutional j___________s.
While the Constitution forbids one level of government from passing l__s that regulate areas outside of its jurisdiction, it does not explicitly forbid them from spending money in those areas.
Canadian Fiscal Federalism
Spending powers under the Constitution
not explicitly discussed in the Constitution, but nevertheless plays an important role in the operation of Canadian federalism.
Spending powers simply refers to the right of a government to spend its own
money in areas outside of its normal constitutional jurisdictions.
While the Constitution forbids one level of government from passing laws that regulate areas outside of its jurisdiction, it does not explicitly forbid them from spending money in those areas.
Canadian Fiscal Federalism
Federal Government and spending power
Spending power is a much more powerful tool in the hands of the federal government due to the fact that the federal government usually has a l_____r financial capacity than it needs for its own areas of jurisdiction. As a result, the federal government has excess funds which it may direct towards p________l jurisdictions.
Canadian Fiscal Federalism
Federal Government and spending power
Spending power is a much more powerful tool in the hands of the federal government due to the fact that the federal government usually has a larger financial capacity than it needs for its own areas of jurisdiction. As a result, the federal government has excess funds which it may direct towards provincial jurisdictions. Provincial governments, by contrast, usually do not
have this sort of financial capacity; although, certain provinces, such as Alberta, British Columbia, and Ontario, do to some extent. As a result, provincial governments do not generally spend their financial resources in areas of federal jurisdiction.
Canadian Fiscal Federalism
Provincial governments, by contrast, usually do not
have this sort of financial capacity; although, certain provinces, such as Alberta, British Columbia, and Ontario, do to some extent. As a result, provincial governments do not generally spend their financial resources in areas of federal jurisdiction.
Canadian Fiscal Federalism
Provincial governments, by contrast, usually do not
have this sort of financial capacity; although, certain provinces, such as Alberta, British Columbia, and Ontario, do to some extent. As a result, provincial governments do not generally spend their financial resources in areas of federal jurisdiction.
Canadian Federalism and
Inter-Governmental Interaction
1D__________l relations between governments
Ministers, political staff, and regular public service personnel talk to their counterparts in other
governments regularly in order to share information and to coordinate their activities.
Canadian Federalism and
Inter-Governmental Interaction
1Departmental relations between governments
Ministers, political staff, and regular public service personnel talk to their counterparts in other
governments regularly in order to share information and to coordinate their activities.
