Canada government structure

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for individual writing assignment: Essay #2, you are expected to prepare to a properly structured paper of 1200-1500 words that critically evaluates the following question and, where necessary, provide documented evidence to support the critique.

1. define the meaning of federalism in terms of governing Canada. what are some of its advantages and disadvantages and identify and explain the powers and responsibilities of the federal and provincial government in Canada.

Which of these powers and responsibilities are of most importance to you and why?

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MGMT 2801 Government Structure ` Federalism What Is Federalism? ` • A system of government under which the constitutional authority to make laws and raise revenue is divided between the national government and some number of regional / sub-national governments – They are coordinate and independent in their separate constitutional spheres !2 The World’s Federations ` • Argentina, Australia, Austria, Belau, Belgium, Bosnia-Herzegovina, Brazil, Canada, Comoros, Democratic Republic of Congo*, Ethiopia, Germany, India, Iraq*, Malaysia, Mexico, Micronesia, Nigeria, Pakistan, Russia, St. Kitts and Nevis, South Africa, Spain, Sudan*, Switzerland, United Arab Emirates, United States of America, Venezuela *Post-conflict societies whose federal constitutions are not consolidated !3 Federalism Throughout the World ` !4 Reasons for Choosing Federalism • Rational explanations: • combining the benefits of greater size (economic, security) with the retention of regional control and the recognition of diversity ` • A federal state is ultimately sustained by a sense of political nationality or community, or, failing that, a belief that the status quo is preferable to the consequences of break-up • When these conditions no longer exist or are under pressure (Belgium, former Czechoslovakia, and/or Canada at various points in time) the federal union is likely to be questioned !5 The Origins of Canadian Federalism ` • The American model appeared to be a failure. • Despite the preference of some Ontario (Canada West) politicians for a unitary system of government, most leaders in the other colonies were unwilling to give up all of their powers to a new national government – Canada East (Québec) & Maritimes • French-Canadian politicians in QC wanted to retain control over the levers of culture, but Maritime leaders were also insistent on a federal form of government !6 Original Expectations • Although there was no consensus, it is clear from various provisions of the Constitution Act, 1867, that the federal government was expected to be the superior level of government – Provinces: “glorified municipalities” – Legislative and revenue-raising powers • Indirect taxation powers vs. Direct Taxation powers ` – Quasi-federal features of the constitution • Disallowance: s. 56; disallow laws passed by provincial legislatures; conferred to the feds under s. 90; has gradually fell into disuse; last used between the period of 1937-1943 when the feds invoked it on eleven occasions to deal with legislation enacted by the Social Credit government in AB; Meech would have kyboshed it • Reservation: under s. 90, LGs can withhold royal assent to a bill ― reserve it ― so that it might be reviewed by the federal government; feds then had twelve months to decide to disallow it; if they didn’t disallow it within 12 months, it was to become law; last exercised in 1961 and feds didn’t interfere; 1938, last time a bill was reserved and disallowed when the AB LG refused to a sign a bill of the Socred government which required newspapers to “…publish ‘corrections’ at the direction of a government agency to any news stories which were ‘inaccurate’ and ‘misleading’; Meech would have kyboshed it !7 The Federal Division of Powers ` • What were minor responsibilities in the 19th century have assumed greater importance as a result of economic and societal changes • Sections 91 and 92 of the Constitution Act, 1867 are at the core of this division • Most of the major policy fields are characterized by divided governmental authority • Ottawa’s ‘spending power’ – Provides the constitutional basis for federal spending in areas of provincial jurisdiction !8 Division of Powers Federal Government Provincial Governments Federal and Provincial and Governments Section 91 Section 92 Section 95 Maintenance of peace, order, and Amendment of constitution of good government province, with the exception of office of lieutenant governor Public debt and property Direct taxation for provincial purposes Trade and commerce Borrowing of money on provincial credit Taxes Provincial government offices Borrowing money on the public credit Public lands belonging to the province Postal service Reformatories Census and statistics Hospitals, asylums, and charities, other than marine hospitals Militia, military, naval service, and defence Municipal institutions Settings of salaries of officers of the government of Canada Shop, saloon, tavern, auctioneer, !9 and other licenses ` Agriculture and immigration are shared responsibilities The Courts and Federalism • Peace, order and good government (POGG) ` – Question of the residual power; preamble to s. 91; gives the federal government the right 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” !10 The Impact of Judicial Decisions ` • They seldom provide the final word in jurisdictional conflicts between Ottawa and the provinces. • They often provide a basis for further negotiations between governments, as was true of Re Constitution of Canada, 1981, or simply one element in an ongoing political struggle, as was the case in Reference re Secession of Quebec, 1998. !11 Quebec ` • Quebec governments have made special demands on federalism, pushing intergovernmental relations in a decentralist direction. • Quebec began the practice of a province opting out of a federal–provincial program and receiving financial compensation to run its own program (s). • Special status, distinct status and asymmetrical federalism may all be traced to the demands of Quebec provincial governments. • Issue of ‘vision’; causes discord in English Canada !12 Centre–Periphery Relations ` • The political reality is that the influence of Canadian provinces on federal policy and their treatment by Ottawa has often been unequal, the demands and interests of Ontario and Quebec taking precedence over those of the ‘peripheral’ (West & Atlantic)regions. • National policy; control over natural resources; official bilingualism; federal decision-making • Federal institutions and the process of intrastate federalism (representing/accommodating regional interests within national political institutions) have proven inadequate to the challenge of providing satisfactory representation for provinces outside of central Canada. !13 Centre–Periphery Relations, cont’d ` • Ottawa’s use of the constitutional powers of reservation and disallowance was targeted chiefly at western provincial governments • Saskatchewan and Alberta entered Confederation in 1905 without full provincial powers – Interests of farmers vs. fishermen; • The growing economic strength of the West sharpened, not diminished, this sense of grievance against Ottawa and central Canada !14 Provincial Governments as Champions of Regional Interests • Institutional reasons for the importance of provincial governments Given the limitations of intrastate federalism, provincial governments and premiers have emerged as the chief spokespersons for the regions Province-building • Executive federalism • • ` – Recent evolution of more powerful and competent provincial administrations which aim to manage socioeconomic change in their territories and which are in essential conflict with the central government, i.e. QC & AB – Describes the relations between cabinet ministers and other highranking officials of the two levels of gov’t – Meetings of the PM and Premiers – First Ministers’ Conferences (FMC) !15 Fiscal Federalism ` • The gap between the cost of provincial responsibilities and the provinces’ revenue-raising is at the root of problems of fiscal federalism – FISCAL GAP! • At Confederation the responsibilities of the provinces were comparatively inexpensive, but this changed in the middle to late 20th century • Ottawa has entered the picture through the spending power, helping to finance shared-cost programs that are administered by the provinces !16 Public Finance in Canada: Revenue and Expenditure as Percentage of GDP for Each Level of Government, 1950-2009 ` !17 The Four Pillars Of Fiscal Federalism Until 1996 Conditional and unconditional grants ` • Or shared-cost programs involve payments by the federal government to provincial governments choosing to undertake programs to federal government specifications • Largest program was the Canada Assistance Plan (CAP), a shared-cost program established in 1966 under which the feds paid one-half of the cost of provincial social assistance programs for welfare, day care, child welfare, and homemakers’ assistance • In return, provincial programs had to meet certain conditions • Had to be based on need, though they could vary widely across the country, and could not discriminate against applicants from another province by placing residency restrictions on the qualifications for assistance • Feds favour conditional grants, while the provinces favour unconditional grants - SURPRISED? • Issues – accountability, credit, insensitivity to local concerns, freedom, lack of visibility !18 What is Equalization? Equalization is the Government of Canada’s transfer program for addressing fiscal disparities among provinces – ` – Equalization payments enable less prosperous provincial governments to provide their residents with public services that are reasonably comparable to those in other provinces, at reasonably comparable levels of taxation The purpose of the program was entrenched in the Canadian Constitution in 1982: • – "Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation." (Subsection 36(2) of the Constitution Act, 1982) Equalization payments are unconditional – receiving provinces are free to spend the funds according to their own priorities !19 How Equalization Works ` • Equalization entitlements are determined by measuring provinces’ ability to raise revenues – known as "fiscal capacity" • A province’s Equalization entitlement is equal to the difference between its fiscal capacity and the average fiscal capacity of all provinces – known as the "10 province standard" • Provinces whose fiscal capacity is above the standard do not receive Equalization payments !20 A New Era: The CHST ` • 1995-1996 budget heralded a new era in fiscal federalism; unilateral reform • Federal government created the Canada Health and Social Transfer (CHST) by folding EPF and CAP into one giant block transfer for health, social policy and post-secondary education • Cash transfers to the provinces under CHST decreased from $18.3 billion in 1995-1996 to $12.5 billion in 1997-1998, a reduction of about one-third; enormous blow to the provinces • In 2004, the CHST was divided into the CHT and CST !21 The CHT and CST Looking Ahead ` • Federal government transfers: – $57.7 billion to provinces and territories for health, education and social services in 2010-2011 • CHT consists of: – $25.4 billion in cash, and $13.1 billion in tax points; it increases 6% per year • CST consists of: – $11.2 billion in cash and $8 billion in tax points; it increases 3% per year !22 Federal Cash Transfers as Percentage of Provincial Government Expenditures, 2008-09 ` !23 And Finally… ` • The financing of healthcare and the maintenance of national standards has been a longstanding source of conflict in intergovernmental relations • Federal social transfers to the provinces !24
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Explanation & Answer

Attached.

CANADA FEDERAL GOVERNMENT STRUCTURE, OUTLINE
The attached paper entails the following:
• Introduction
• Federalism in Canada
• Roles of the Federal Government
• Provincial Government Roles and Responsibilities
• Advantages of Federalism in Canada
• Disadvantages of Federalism in Canada
• Most important powers and responsibilities
• Conclusion
• References


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Running head: CANADA FEDERAL GOVERNMENT STRUCTURE

CANADA FEDERAL GOVERNMENT STRUCTURE
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CANADA GOVERNMENT STRUCTURE
CANADA FEDERAL GOVERNMENT STRUCTURE
Introduction
The Canadian government, officially called ‘Her Majesty’s Government’ is a federal
form of government. This current form of government was established at Confederation
by the Constitution Act, 1867. The Constitutional act created a federal constitutional
monarchy, with the Canadian Crown being the basic building block in the Westminsterstyle Parliamentary democracy. The crown thus consists of the Judiciary, Executive and
legislative branches that together form the government. The Governor General
represents the Monarch that is advised by the Queen’s Privy Council of Canada whose
role in practice is exercised by the Cabinet of Ministers to the Crown drawn from the
House of Commons in Parliament. This Cabinet is led by the Prime Minister appointed by
the Governor General through the House of Commons. The Canadian federalism is
divided into both the Federal government and the provincial government with each of
them strictly performing duties that are defined by the constitution (Brodie 2018).
Federalism in Canada
The Canadian Government, is a federalist system of government in which
the constitutional powers to make laws and collect revenue are divided between the
national government and the provincial governments. These governments are both
independent but are coordinated in their separate constitutional domains. The National
government or simply the federal gove...


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I was having a hard time with this subject, and this was a great help.

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