This is lesson two of seven about municipal elections that I developed and proposed for Student Vote.
This lesson familiarizes students with the different structure and responsibilities of the three levels of government in Canada.
Please refer to Municipal Election Lessons Additional Resources for references and supporting information.
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