Provincial and Territorial Governments

This mini-course on Provincial & Territorial Governments is meant as a complement to NAWL’s core modules on Feminist Law Reform. NAWL is grateful to Amanda Therrien for her invaluable work as the primary author of this mini-course.

Part 1: Introduction to Provincial and Territorial Governments

Given both the wide geographic areas that provincial/territorial governments cover and the broad scope of their powers, a thorough understanding of their operation is necessary for feminist law reform. This Part will provide a foundation for understanding how provincial and territorial governments function by examining what powers are within their respective spheres.

Where do Provincial governments get their power from?

The provincial governments receive their powers from the Constitution Act, 1867. Specifically, section 92 explicitly states that each province of the Legislature may make laws in relation to matters coming within the classes of enumerated subjects. These include establishing and maintaining hospitals, the solemnization of marriage in the province, property and civil rights within the province, and education subject to certain provisions. Click here to read sections 91 and 92 of the Constitution Act, 1867 for more information on the division between provincial and federal powers.

Where do Territorial governments get their power from?

Unlike provincial power, territorial power is not derived from the Constitution Act, 1867. Instead, this power is delegated under the authority of Parliament and can be found in the Yukon Act, the Northwest Territories Act, and the Nunavut Act. It is important to note that although the territories have many of the same powers as the provinces, Yukon and the Northwest Territories only gained control over their lands and resources in 2003 and 2014 respectively. As of 2022, Nunavut remains in negotiation with Crown-Indigenous Relations and Northern Affairs Canada for the control of their natural resources, but signed an Agreement In Principle in 2019.

What happens when Provincial and Federal powers conflict?

If the provincial or federal governments attempt to legislate outside of their respective spheres, the impacted portion of the law may be found to be ultra vires (i.e., “outside the scope”) and thus invalid. Additionally, the doctrine of paramountcy states that when provincial and federal laws legislate on the same issue and conflict without either being ultra vires, the federal legislation will prevail. Click here to see the doctrine of paramountcy in action in the Supreme Court of Canada’s decision in Law Society of British Columbia v Mangat, 2001 SCC 67. An understanding of how the federal and provincial/territorial spheres of power interact and may conflict is an important aspect of feminist law reform: feminist advocates must ensure that they are approaching the branch of government that is empowered to enact the legislation they are advocating for.

Read

Federalism and Equality Rights Implementation in Canada

Linda White

A Two-Way Street: Federalism and Women’s Politics in Canada and the United States

Jill Vickers

Part 2: The Structure of Provincial Governments and Yukon

With the exception of the Northwest Territories and Nunavut, Legislative Assemblies across Canada are organized in a similar fashion. In order to engage in feminist law reform, it is necessary to become familiar with the different branches of provincial/territorial governments to understand whether you should be approaching a Member of Parliament, a Cabinet Minister, or the Premier. This Part will provide an overview of how provincial governments are structured as well as the roles of its Members, Ministers, and Premiers.

Provincial and Yukon governments are divided into legislative, executive, and judiciary branches.

The legislative branch consists of the Legislative Assembly and its Members. Quebec and Newfoundland and Labrador are the only two provinces with a different name for their provincial legislatures. In Quebec, it is referred to as the National Assembly, while in Newfoundland and Labrador it is called the House of Assembly.

The legislative branch is primarily concerned with creating, amending, and passing laws. Follow the link below to see the webpage for your province/territory’s Legislative Assembly.

The executive branch is comprised of the Premier and their Cabinet Ministers. The executive branch generally sets public policy priorities and is also involved in law making.

The judiciary branch refers to the provincial court systems and is beyond the scope of this mini-course.

How are provincial governments elected?

Members of Legislative Assemblies are elected via provincial elections. The provinces and Yukon form their governments using the party system, which means that the party with the most members elected forms the government. The Premier, who has usually won a contest for party leadership, then selects their cabinet ministers. The party with the second most votes becomes the Official Opposition and is meant to hold the governing party to account. Most provinces have a daily question period when the Legislative Assembly is sitting to enable the opposition to question the government on their actions and policies. Click here to listen to a couple of the Nova Scotia Legislative Assembly’s question periods.

Overview of the roles and responsibilities of the Lieutenant Governor, Premier, Cabinet Ministers, and Members

Lieutenant Governor

The Lieutenant Governor is appointed by the Governor General of Canada and is the Queen’s representative at the provincial level.

The Speaker of the Legislative Assembly

The Speaker is generally elected by the members to preside over debates within the Legislative Assembly and to ensure that rules and proper protocol are being observed by members.

Premier

The Premier is the head of the provincial government and is responsible for appointing Cabinet Ministers and setting governmental priorities. Click here for a list of past and present Premiers. As of 2022, only twelve women have served as Premier of a Province/Territory, and the only female premier is Caroline Cochrane of the Northwest Territories.

Cabinet Ministers

Cabinet Ministers are responsible for specific provincial/territorial ministries. An example of a ministry is British Columbia’s Ministry of Social Development and Poverty Reduction. Click here for a list of the Cabinet Ministers in Alberta’s Legislative Assembly.

It is important to note that the creation of Ministries and the assignment of Ministers to these roles are political choices. For example, Ontario Premier Kathleen Wynne had a developed Ministry of the Status of Women, which was downgraded under Premier Doug Ford to a subsection of the Ministry of Children, Community and Social Services.

Members

Members are responsible for lawmaking, presenting petitions, serving as members of committees, and assisting their constituents with their issues and concerns. In most provinces, Members are referred to as Members of the Legislative Assembly (MLAs). However, in Ontario they are called Members of Provincial Parliament (MPPs), in Quebec they are referred to as Members of the National Assembly (MNA), and in Newfoundland they are called members of the House of Assembly (MHA).

Engage & Discuss

Familiarize yourself with the names and roles of the members in your Province/Territory.

Does the composition of members represent the diversity of your Province/Territory? Why or why not?

Meetings of legislative assemblies are recorded and accessible via their websites. Navigate to your Province/Territory’s Legislative Assembly page to view a sessions or click here to view a recent sitting of the Alberta Legislative Assembly.

What subjects are under discussion? How are issues being presented?

Part 3: The Structure of the Northwest Territories and Nunavut Governments

The Nunavut and the Northwest Territories operate on a consensus model of government.

As with the provinces, Nunavut and the Northwest Territories are comprised of a legislative, an executive, and a judicial branches. The Legislative branch consists of the Legislative Assembly and the Commissioner (a role similar to that of Lieutenant Governors in the Provinces). The executive branch refers to the Premier and their cabinet and also includes the Commissioner, while the judicial branch refers to the court system.

The key difference is that Members of the Legislative Assembly are elected as independents rather than as affiliates of a political party. Once the election has concluded, the Members select the Speaker, Premier and Ministers from amongst themselves in a secret ballot election. The Commissioner, appointed by the Governor General, is then responsible for formally appointing the Premier and the Ministers. Importantly, although the number of cabinet seats is not fixed, it cannot be a majority of the Members.

Read

Consensus Government and Collaboration: The COVID-19 Pandemic in Canada’s North and the Role Partnership Played in Protecting the Health and Well-Being of Residents

Caroline Cochrane

Engage & Discuss

What are some of the benefits of consensus governments?

What might some of the drawbacks be?

Part 4: The Benefits of Feminist Advocacy at the Provincial and Territorial Levels

Provincial and territorial governments are important sites for feminist advocacy due to the broad scope of their powers and their ability to effect change within the Province/Territory.

Reproductive and Abortion Rights

Provincial/territorial governments play a significant role with regards to access to reproductive care and abortion. Although abortion was decriminalized in Canada in 1988, provincial/territorial governments were able to hinder access to abortion services by refusing to cover the costs of the procedure outside of a hospital setting, as seen currently in New Brunswick, or by simply refusing to provide abortion services at all, as was the case in Prince Edward Island until recently. In 2016, thanks to feminist advocacy efforts by organizations like LEAF and Abortion Access Now PEI, Prince Edward Island started providing abortion services for the first time since 1982.

Climate Change

Provincial/territorial governments are beginning to take concrete action on climate change, with many provinces/territories developing specific action plans to address the crisis. Click here to read Newfoundland and Labrador’s Climate Change Action Plan.

You can also check out NAWL's Feminist Law Reform mini-course on Women's Rights and the Climate Crisis.

COVID-19

As provinces/territories are responsible for public health, their action or inaction had a significant impact during the COVID-19 pandemic. Click here to view a video discussing the variations in how provincial and territorial governments approached the COVID-19 pandemic.

All of the provinces/territories have committees or councils dedicated to the status of women.

Click on the links below to see the initiatives being undertaken by your province/territory:

Read

Canadian Civil Liberties Association January 2021 Statement of Claim in a lawsuit challenging New Brunswick’s restrictions on abortion

How the Provinces Compare in Their COVID-19 Responses

Charles Breton & Mohy-Dean Tabbara

Engage & Discuss

Visit the website of your Province/Territory’s Status of Women committee or office.

Who is the minister in charge?
What initiatives are currently being prioritized? Make a list of other areas of intervention.

Part 5: Provincial and Territorial Lawmaking

Lawmaking is one of the primary tasks of a Legislative Assembly and represents an important site of intervention for feminist law reform efforts. As Professor Anne Levesque has stated, “It’s much easier to influence a law and to give it a feminist spin from the beginning than to challenge it in court later on.”

This Part will provide an overview of the different types of bills introduced in the Legislative Assembly and the process via which these bills become laws.

Types of Bills

Public or Government Bills

Most bills introduced in the Legislative Assemblies are government bills, which usually reflect the policy and priorities of the current government.

Click here for an example of a government bill in Ontario.

Private Member’s Bills

A private member’s bill is a bill proposed by a member of the Legislative Assembly who is not a Cabinet Minister, the Speaker or the Premier. These bills may touch on any topic but generally cannot impose a tax or spend public funds.

Click here for an example of a private member’s bill in Prince Edward Island.

Private Bills

Private bills are generally introduced to provide an organization, municipality, or individual with an exception or special power. Although these bills can originate from the general public, they must be introduced to the Legislative Assembly by a member.

Click here for an example of a private bill in Ontario.

How Bills Become Laws

With minor variations, the process by which a bill becomes law is similar across the provinces and territories. In most cases, a bill is introduced during the first reading and is voted on by the Legislative Assembly. If it passes, it proceeds to a second reading where it is debated and voted on a second time. After this stage, it usually moves to a standing committee. As will be discussed in the next Part, standing committees often solicit feedback from organizations and members of the public and are an important opportunity for feminist law reform as the standing committee can propose amendments to the bill. The bill is then referred back to the House where Members debate it informally before it passes to a third reading. Once the bill passes its third reading, it will receive assent and become law, coming into force at a date to be named.

All of the bills passed in your Province/Territory are publicly available on the websites of the Legislative Assemblies. Follow the link in Part 2 to see some of the bills passed in your Province/Territory.

Click here to see the Ontario government’s interactive depiction of how bills become law

Watch

From Idea to Law: The Legislative Process, Legislative Assembly of Alberta

Engage & Discuss

Debates surrounding bills are contained in the Hansard (official report) of each Legislative Assembly. Locate the Hansard of your Legislative Assembly on its website and read some of the debates.

Did any of the arguments surprise you?

Visit the webpage for your Province/Territory’s Legislative Assembly.

What bills are currently being considered?
What stage have they progressed to?

Draft a bill about an issue that is important to you. What counterarguments do you anticipate receiving?

What amendments would you be willing to make?

Part 6: Getting Involved in Provincial Government: Committees and Hearings

Provincial and territorial governments solicit feedback from the public in various ways. Participating in committees and hearings, submitting briefs, and presenting petitions are important avenues of feminist law reform.

Appearing as a committee witness

Individuals seeking to appear as a committee witness may reach out to individual members of the relevant committee to let them know of their interest and expertise.

Individuals may also be able to fill out an application form to signal their wish to be invited to testify if such form is available on their province/territory's Legislative Assembly website. Click here for detailed information about the steps required to appear as a committee witness in Ontario.

It is important to note that witness selection is not automatic, which is why it is important for feminist advocates to submit complete and thorough applications explaining how their expertise on a particular issue will assist the committee.

Follow this link for an example of a Standing Committee on Climate Change and Environmental Stewardship meeting in New Brunswick.

Making submissions to a committee

Individuals/organizations engaging in feminist law reform may elect to write submissions to a committee either alone or in conjunction with appearing as a committee witness. Click here to read West Coast LEAF’s submission to the Special Committee on Reforming the Police Act in British Columbia.

Information regarding what to include in a submission and where to send it is usually found on the website of the committee in question. In Ontario, submissions on particular bills or issues can be made through the Ontario Legislative Assembly’s online portal. These submissions can be made by individuals or by organizations and will become part of the committee’s official public record.

To have the best chance of being heard, feminist advocates may wish to include a succinct explanation of the problem they are concerned with as well as clear and concrete proposals for solutions that fit within the bill being studied.

In some provinces, such as British Columbia, committees may also solicit feedback via the use of online surveys. These surveys can generally be found directly on the committee’s website.

Presenting a petition

Individuals and/or groups can submit petitions to the legislative assemblies. Generally, the legislative assemblies outline requirements such as: the petition must be signed by a set number of people who live in the province/territory, the signatures must be original, and the petition must include a description of the grievance and the remedy requested. Click here to learn more about the requirements for submitting a petition in Newfoundland, and click hereto see a list of electronic petitions available for signing in Quebec.

All provinces/territories require petitions to be presented by members of the Legislative Assembly, which is why forming connections with Members is of critical importance for feminist law reform. In Ontario, once a petition has been presented, the government must respond to the Member who presented it within 24 sitting days, but this timeline will vary by province/territory.

Read

Virtual Committees: Presenter Guide

Legislative Assembly of Manitoba

Engage & Discuss

Navigate to your Province/Territory’s Legislative Assembly homepage and examine the guidelines for making a submission.

Consider what elements you would include in a draft submission to a committee on a current bill or consultation that interests you.

Part 7: Getting Involved in Provincial/Territorial Government: Contacting Members of the Legislative Assembly

Interacting with Members of the Legislative Assembly is a key component of feminist law reform as they are responsible for the introduction of bills and petitions into the Legislative Assemblies. Although Members are meant to be accessible to their constituents, in practice they may only be able to meet with you for a short amount of time, which is why preparation for such meetings is essential.

Click here to consult Module Five of the Feminist Law Reform 101 course as many of the tips for interacting with Members of Parliament hold true for engaging with Members of the Legislative Assembly.

Click on your Province/Territory for the Contact Information for your Legislative Assembly:

Read

MLA Advocacy Guide, Public Interest Alberta

Engage & Discuss

Familiarize yourself with the Members of the Legislative Assembly in your province.

Which ones have a track record of feminist advocacy?
Brainstorm how you would approach these Members to discuss issues related to feminist law reform.

Part 8: Getting Involved in Provincial/Territorial Government: Running for Office

Running for office as a Member of a Legislative Assembly is an important aspect of feminist law reform. Women who run for office often face harassment, misogyny, and underfunding, which is why reform in this area is needed. Click here for a CBC News article detailing some of the abuse faced by female Members.

As of 2022, only the Northwest Territories have reached a state of gender parity, with women representing 52% of the legislature. Several provinces remain under the 30% bar.

Running for Office in the Provinces and Yukon

The legislature of the provinces and Yukon operate on the party system, which means that candidates are generally endorsed by a recognized political party. Although candidates can run as Independents, this may prove difficult as political parties generally have both name recognition and the ability to fundraise effectively. Click here for the candidacy rules in Ontario. Some political parties may also have equity campaigns designed to assist women in running for office. Follow the link to see an example of such an initiative with the Liberal Party of Ontario’s Ask Her to Run campaign.

Running for Office in the Northwest Territories and Nunavut

Unlike the Provinces and Yukon, the Nunavut and the Northwest Territories legislatures operate via consensus government. As the legislatures are not based on the party system, all Members are elected as Independents. This may decrease the barrier to entry in politics as potential candidates do not first require endorsement by a political party. Click here to see the candidacy rules for Nunavut and here for the candidacy rules in the Northwest Territories.

Read

What Does Harassment and Bullying of Women in Politics Look Like?

CBC News

Elect Her: A Roadmap for Improving the representation of Women in Canadian Politics

Karen Vecchio

Watch

Doing Politics Differently: Women Premiers in Canada’s Provinces and Territories

Engage & Discuss

What candidacy rules govern your Province/Territory? Identify whether you think any of these rules might serve as a barrier for marginalized individuals attempting to run for office.

How many female Members does your Province/Territory have? What are their roles in the legislature? Identify which female Members might be willing to provide mentorship.

Does an increase in female Members necessarily result in an increase in feminist advocacy? How can members of Provincial and Territorial legislatures ensure that feminist ideals translate into feminist action?

Part 1: Introduction to Provincial and Territorial Governments

Where do Provincial governments get their power from?

Where do Territorial governments get their power from?

What happens when Provincial and Federal powers conflict?

Read

Federalism and Equality Rights Implementation in Canada

A Two-Way Street: Federalism and Women’s Politics in Canada and the United States

Part 2: The Structure of Provincial Governments and Yukon

Provincial and Yukon governments are divided into legislative, executive, and judiciary branches.

How are provincial governments elected?

Overview of the roles and responsibilities of the Lieutenant Governor, Premier, Cabinet Ministers, and Members

Lieutenant Governor

The Speaker of the Legislative Assembly

Premier

Cabinet Ministers

Members

Engage & Discuss

Part 3: The Structure of the Northwest Territories and Nunavut Governments

Read

Consensus Government and Collaboration: The COVID-19 Pandemic in Canada’s North and the Role Partnership Played in Protecting the Health and Well-Being of Residents

Watch

Engage & Discuss

Part 4: The Benefits of Feminist Advocacy at the Provincial and Territorial Levels

Reproductive and Abortion Rights

Climate Change

COVID-19

All of the provinces/territories have committees or councils dedicated to the status of women.

Read

Canadian Civil Liberties Association January 2021 Statement of Claim in a lawsuit challenging New Brunswick’s restrictions on abortion

How the Provinces Compare in Their COVID-19 Responses

Engage & Discuss

Part 5: Provincial and Territorial Lawmaking

Types of Bills

Public or Government Bills

Private Member’s Bills

Private Bills

How Bills Become Laws

Watch

Engage & Discuss

Part 6: Getting Involved in Provincial Government: Committees and Hearings

Appearing as a committee witness

Making submissions to a committee

Presenting a petition

Read

Virtual Committees: Presenter Guide

Engage & Discuss

Part 7: Getting Involved in Provincial/Territorial Government: Contacting Members of the Legislative Assembly

Click on your Province/Territory for the Contact Information for your Legislative Assembly:

Read

MLA Advocacy Guide, Public Interest Alberta

Engage & Discuss

Part 8: Getting Involved in Provincial/Territorial Government: Running for Office

Running for Office in the Provinces and Yukon

Running for Office in the Northwest Territories and Nunavut

Read

What Does Harassment and Bullying of Women in Politics Look Like?

Elect Her: A Roadmap for Improving the representation of Women in Canadian Politics

Watch

Engage & Discuss

National Association of Women and the Law