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Fact Sheet: Government in Canada

Canada is a federation. The federal system of government means that powers and responsibilities are divided between the federal government and the 10 Canadian provincial governments. Canada also has three territories in the far North.

In general, the federal government is responsible for matters that affect all of Canada. These include national defence, foreign policy and citizenship. Provincial and territorial governments look after such matters as education, health care and highways. They share responsibilities with the federal government in some areas, such as protecting the environment.

There is also a third level of government at the community level. This level, known as municipal (or local) government, is responsible for local matters such as policing, firefighting, snow removal and recycling programs.

Canadian citizens can vote in elections for all three levels of government.

The Parliament of Canada

Canada has a system of parliamentary government. The Parliament has three parts: the Queen, the House of Commons and the Senate. Canada’s Parliament is located in Ottawa, our national capital.

Her Majesty Queen Elizabeth II is Canada’s official head of state. She is represented in Canada by the Governor General, who must sign all federal laws. This is what makes Canada a constitutional monarchy.

The House of Commons is the national legislature elected by Canadian citizens. It is made up of 308 members of Parliament, or MPs. MPs usually represent a political party, although some members do sit as independent members of Parliament.

The Senate is the Upper House of Parliament. Members of the Senate are appointed by the Governor General upon recommendation by the Prime Minister.

With some exceptions, all laws must be approved by the House of Commons, the Senate and the Governor General before they become law. Most parliamentary legislation is introduced by the government.

How a Government Is Formed

The political party with the most members in the House of Commons takes the leading role in forming a government. If it has a majority of seats (155 or more), then it forms a majority government. If it has fewer than 155 seats, the leading party will seek the cooperation of other parties, and form a minority government. The leader of the party that forms the government becomes the Prime Minister. The party with the second highest number of seats becomes the Official Opposition. Its leader becomes the Leader of the Opposition. In the federal election of June 28, 2004, no party won a majority of the seats in the House of Commons. Canada is currently ruled by a minority government.

The Prime Minister chooses a Cabinet from members of the leading party in the House of Commons. The Prime Minister and the Cabinet must maintain the confidence of the House of Commons. This is known as “responsible government.”

Each Cabinet minister has a specific responsibility. Most ministers are responsible for the operation of one or more federal departments or agencies. The top official in each department or agency is a Deputy Minister. Deputy ministers are usually career public servants. They are appointed by the Prime Minister.

Under the Constitution Act of 1867, the federal government is responsible for national defence, criminal law, banking, the postal system and foreign relations. It is also involved in many other areas, including transportation, communications, immigration, health and environmental matters.

Provincial Governments

Governments are formed in the provinces in much the same way as at the federal level. The party with the greatest number of seats in the provincial legislature forms the government. The leader of this party becomes the Premier of the province, who appoints a cabinet from the elected members of the leading party. Majority and minority governments are possible at the provincial level.

Provincial legislatures do not have an Upper House. In order for provincial legislation to become law, it must be approved by the provincial legislature and the Queen’s provincial representative, the Lieutenant Governor.

Provincial governments are constitutionally responsible for civil justice, property and municipal institutions. They also share responsibility with the federal government for such matters as health services, agriculture, immigration, social assistance and transportation.

Find out more about government in your province.

Territorial Governments

The territories are not sovereign units. Their powers are delegated by Parliament, so they are subordinate bodies. The territories also have elected assemblies that follow many of the same practices as the provincial and federal governments. They hold many of the same responsibilities as provincial governments in areas such as health, transportation, social assistance and the environment.

Find out more about government in your territory.

Local Governments

Local governments are elected to manage municipalities, cities, towns and regions. Local governments do not have constitutional powers, but rather functions delegated to them by other levels of government. The leader of a municipal government is usually known as a mayor. The other elected members are councillors. Both are elected directly, and they usually do not represent political parties.

Local governments are responsible for services within a city or region, including police and fire protection, water and sewage services, recreation services and local public transportation.

Find out more about local government in Canada.

Elections

By law, federal and provincial elections must be held at least every five years, although they can be called earlier. If a minority government loses the confidence of the House of Commons, an election usually takes place. The decision to call an election is made by the Prime Minister or the Premier. Some provinces have laws that set specific dates for elections.

Municipal elections are usually held every two or three years, depending on the province.

To vote in a federal election, you must be a Canadian citizen and at least 18 years old. For provincial or municipal elections, the age and citizenship requirements may vary.

All voting in federal, provincial and municipal elections is by secret ballot.

Find out more about federal elections.

The Canadian Justice System

Canada is governed by an organized system of laws. These laws are approved by governments that are elected by the people of Canada. Everyone in Canada has a responsibility to obey federal, provincial, territorial and municipal laws, including police officers, judges, politicians and members of the government.

The police and the courts enforce Canada’s laws.

Canada has a national police force known as the Royal Canadian Mounted Police, or the RCMP. Ontario and Quebec each have a provincial police force, and many municipalities have their own police forces. Police services are provided by the RCMP, the Ontario Provincial Police or the Sureté du Quebec in many parts of Canada that do not have their own police forces.

There are two forms of law in the country. Civil law deals with disagreements between people and organizations. Criminal law deals with crime and punishment.

Canada has an independent justice system, with several levels of courts at the federal, provincial and municipal level. The Supreme Court of Canada is Canada’s highest court. It interprets Canada’s Constitution and sets the limits of federal and provincial powers.

Find out more about Canada’s justice system.

The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms establishes the basic principles and values by which Canadians live and govern themselves. It guarantees that everyone, regardless of colour, religion, race or belief, has certain fundamental rights that no government can take away without cause.

Some of these rights are:

• Democratic rights, such as the right to vote;
• Legal rights, such as the right to a fair trial;
• Equality rights, such as the right to protection against discrimination;
• Mobility rights, such as the right to live and work anywhere in Canada;
• Aboriginal peoples’ rights; and
• Basic freedoms, such as freedom of thought, freedom of speech, and freedom of peaceful assembly.

Read the Charter of Rights and Freedoms.

Official bilingualism

Official bilingualism gives Canadians the right to communicate with the federal government, especially the courts and Parliament, in either English or French.