Federal government responsibilities in Canada

There are 3 levels of government in Canada:

Federal government (Government of Canada)
Provincial government (eg. Government of Ontario)
Municipal government (eg. City of Toronto)

The Constitution Act, 1867, outlines the division of responsibilities between the federal Parliament and the provincial legislatures.

The federal government (Government of Canada) is responsible for issues that affect the entire country, including:

Aboriginal Lands & Rights
Citizenship and Immigration
Criminal Law
Competition
Copyright
Employment Insurance
Foreign Policy
Income Taxes
Money and Banking (Bank of Canada)
National Defence/Military
National parks
Telecommunications and broadcasting (internet, phones & TV)
Trade and Commerce
Canada Post Office
Census

It has the power “to make laws for the peace, order and good government of Canada” except for subjects where the provinces are given exclusive powers. According to the The Constitution Acts, 1867 to 1982 Distribution of Legislative Powers, everything not mentioned as belonging to the provincial governments comes under the power of the federal government.

Legislative Authority of Parliament of Canada
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,
The Public Debt and Property
Regulation of Trade and Commerce
Unemployment insurance
Raising of Money by any Mode or System of Taxation
Borrowing of Money on the Public Credit
Postal Service
Census and Statistics
Militia, Military and Naval Service, and Defence
Fixing of and providing for the Salaries and Allowances of Civil and other Officers of the Government of Canada
Beacons, Buoys, Lighthouses, and Sable Island
Navigation and Shipping
Quarantine and the Establishment and Maintenance of Marine Hospitals
Sea Coast and Inland Fisheries
Ferries between a Province and any British or Foreign Country or between Two Provinces
Currency and Coinage
Banking, Incorporation of Banks, and the Issue of Paper Money
Savings Banks
Weights and Measures
Bills of Exchange and Promissory Notes
Interest
Legal Tender
Bankruptcy and Insolvency
Patents of Invention and Discovery
Copyrights
Indians, and Lands reserved for the Indians
Naturalization and Aliens
Marriage and Divorce
Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure in Criminal Matters
Establishment, Maintenance, and Management of Penitentiaries
Distribution of Legislative Powers – THE CONSTITUTION ACTS 1867 to 1982

Shared Federal and Provincial government responsibilities

There is some overlap between the federal and provincial levels of government, known as areas of concurrent jurisdiction.

Shared (concurrent) powers are specified in Sections 94A and s. 95 of the Constitution Acts, 1867 to 1982.

They are:

Old age pensions
Immigration
Agriculture

Other areas are not specifically identified and assigned to one or both orders of governments in the Constitution Act, 1867. Both levels of government can pass laws, and if there is a conflict, the dispute may be settled through the justice system.

The courts have found that these areas – which have become priorities in recent years – come under various legislative powers, some federal, others provincial.