Disallowance Power

Definition

Disallowance power refers to the authority granted to the federal government of Canada to annul or invalidate provincial legislation. This power is significant in maintaining a balance between provincial and federal jurisdictions, as it allows the federal government to intervene in cases where provincial laws are deemed inconsistent with federal interests or national policies.

5 Must Know Facts For Your Next Test

1. The disallowance power is derived from Section 90 of the British North America Act, 1867, which allows the federal government to disallow provincial laws within one year of their enactment.
2. This power has rarely been used since World War II, with few instances occurring due to political considerations and the desire for cooperative federalism.
3. Disallowance was more common in the early years of Confederation as provinces were still establishing their legislative authority and relationships with the federal government.
4. The ability to disallow laws has led to tensions between provincial and federal governments, particularly when provinces feel that their autonomy is being undermined.
5. The disallowance power reflects the complexity of Canadian federalism and highlights ongoing debates about provincial rights and the balance of power between different levels of government.

Review Questions

• How does disallowance power illustrate the tension between provincial rights and federal authority in Canada?
  • Disallowance power highlights the ongoing tension between provincial rights and federal authority as it provides the federal government with a tool to intervene in provincial legislation. This can lead to conflicts when provinces feel their legislative autonomy is being threatened, especially on issues important to their constituents. The exercise of disallowance power can create friction in federal-provincial relations, showcasing the delicate balance required in Canada's federal system.
• In what historical contexts was disallowance power more frequently utilized, and what does this indicate about the evolution of Canadian governance?
  • Disallowance power was more frequently utilized in the early years following Confederation, as provinces were still defining their roles and asserting their legislative powers. During this time, the federal government often intervened in provincial matters, reflecting a more centralized approach to governance. As Canadian governance evolved, there was a shift towards cooperative federalism, resulting in less reliance on disallowance as a means of resolving legislative disputes and fostering a collaborative relationship between levels of government.
• Evaluate the implications of disallowance power on contemporary debates about provincial rights and autonomy within Canada's federal system.
  • The implications of disallowance power on contemporary debates about provincial rights and autonomy are significant, as they bring to light questions about the limits of federal intervention in provincial matters. In modern discussions surrounding healthcare, education, and environmental regulations, provinces often assert their right to govern according to local needs. The potential for disallowance remains a point of contention, as provinces worry that this power could be used to override their decisions, thereby impacting their ability to respond effectively to issues specific to their regions. This ongoing debate reflects broader discussions about how power should be allocated in a dynamic federal system.

Related terms

Federalism:

A system of governance in which power is divided between a central authority and constituent political units, such as provinces or states.

Delegated Powers: Powers that are specifically assigned to either the federal government or provincial governments by the Constitution.

Section 92 and 91: Sections of the British North America Act (now known as the Constitution Act, 1867) that outline the distribution of powers between provincial and federal governments in Canada.