Territorial Government in Canada
Under Canada’s federal system, the powers of government are shared between the federal government, provincial governments and territorial governments. The territories — Northwest Territories, Nunavut and Yukon — are governed by their respective governments, which receive their legislative authority (the ability to create laws) from the federal government. Ottawa has given territorial governments authority over public education, health and social services, and the administration of justice and municipal government. More and more of these powers have been handed down from the federal government in a process called devolution. Indigenous and Northern Affairs Canada is the federal ministry responsible for the territories.
What are the Differences between Provinces and Territories?
Authority to Govern
The main difference between provincial and territorial governments has to do with the separate roots of their authority to govern. According to the
Constitution Act, 1867, territorial governments are under federal control and therefore do not have the same status as provinces.
Provincial governments, for example, receive their legislative authority from the
Constitution, while legislative authority in the territories is delegated (or handed down) by the
federal government in a process known as devolution. Federal law allows the territories to form elected councils, which are given powers similar to provincial legislatures, including authority over public
education,
health and
social services, and the administration of justice and
municipal government.
Constitutional Change
Since legislative powers described in the Constitution are divided between the federal government and the provinces, changing those powers requires a constitutional amendment (
see Constitutional History and
Constitutional Law). Since the territories fall constitutionally under federal control, changing the powers delegated to territorial governments can be achieved through an
Act of Parliament. Similarly, the creation of a new province requires constitutional amendment, while the creation of a new territory only requires an Act of Parliament.
Territorial governments are not included in the amending formula of the
Constitution. Beyond representatives in the
House of Commonsand
Senate, who may vote on constitutional change, territorial representatives are not involved in the process of changing the Constitution. Each territory has one seat in the House of Commons and one seat in the Senate.
The
Constitution Act, 1982 provides each province with the power to amend the constitution as it applies in their province; however, assent of the House of Commons and Senate is also required. Since territorial constitutions are federal statutes, only the federal Parliament can amend them.
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