Which government is responsible: municipal, provincial or federal?

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:

Responsibilities

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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.

• Healthcare
• Environment

More: Federal/provincial responsibility-sharing creates inefficiencies, neglect

Shared responsibilities in Ontario

The following services are cost-shared between the federal, provincial and municipal governments in Ontario.

Cost-sharing is largest for health and social services, making the lines of accountability more opaque and questions about local input and autonomy most pronounced.

• Homelessness
• Social housing
• Affordable housing
• Healthcare
• Ontario Disability Support Program (ODSP)
• Ontario Works (OW)

Public Health

The responsibility for public health, which includes sanitation, infectious diseases and related education, is shared between the three orders of government: federal, provincial/territorial and local or municipal. However, these services are generally delivered at the provincial/territorial and local levels.

Sources

• Distribution of Legislative Powers – THE CONSTITUTION ACTS 1867 to 1982
• The constitutional distribution of legislative powers – Intergovernmental Affairs Canada (2021)
• Municipalities, The Constitution, and the Canadian Federal System
• In It Together: Clarifying Provincial-Municipal Responsibilities in Ontario
• The role of municipalities within Federalism – IRPP
• Levels of Government in Canada: Who Does What?
• Federal-Provincial Program Overlap – Economics Division (1992)