Document Information

Date: 1978-10-30
By: Quebec (Ministere des Affaires Intergouvernementales)
Citation: Federal-Provincial First Ministers Conference, Quebec’s Traditional Stands on the Division of Powers (1900-1976), Resume (Ottawa: 30 October-1 November 1978).
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QUEBEC’S TRADITIONAL STANDS ON THE
DIVISION OF POWERS (1900 -1976}

RESUME

MINISTERE DES AFFAIRES INTERGOUVERNEMENTALES
GOUVERNEMENT DU QUEBEC

DOCUMENT TABLED AT THE
FEDERAL-PROVINCIAL FIRST MINISTERS CONFERENCE

OTTAWA, OCTOBER 30, 1978

This résumé provides as complete a list as possible of the
stands taken by Quebec on the federal-provincial division of
powers between 1900 and 1976. “Traditional” stands are those
formally announced by a member of the government and subsequent-
ly reiterated by other spokesmen for Quebec.

An attentive examination of Quebec’s traditional stands
brings out the following points:

(1) The scope and regularity of the claims

There has never been a time when Quebec did not present
its claims. They appear in every era, come from every
party, cover every area. No sector of activity has been
passed over, from fisheries to urban affairs by way of
offshore mineral rights and environmental protection.
Quebec’s dissastisfaction over the division of powers
within the Canadian federation is a constant feature of
Quebec’s political landscape.

(2) The same orientation in all claims

There is nothing new in Quebec governments asking for
enlarged powers for their province. They have always done
so, without ever suggesting that certain provincial juris-
dictions be relinquished as a quid pro quo. At no time
have Quebec’s spokesmen ever indicated that Quebec was
willing to bargain, to give up some of its powers in
return for recognition of its competence in other sectors.
What is more, reaching administrative agreements or renew-
ing sectorial agreements has never made Quebec lose sight
of the essential: a thorough re-examination of the way
in which jurisdictions are divided, and an enlargement of
powers for Quebec.

(3) The continual reiteration and reformulation of claims

The governments of Quebec have apparently never lost
patience or lacked imagination. The same requests
have been made continually, and are continually reformu-
lated under the pressure of events. Each new intrusion
by the federal government provokes an automatic response,
but the response has often varied. Tired of calling for
a stop to federal interference, Quebec’s governments have
not hesitated to claim total jurisdiction over a disputed
sector. Though Quebec’s claims may change, the pendulum
always seems to swing back to the more comprehensive view.
A good example of this is the field of taxation. In 1920,
Louis-Alexandre Taschereau restricted himself to denounc-
ing federal interference in direct taxation. In 1946,
Maurice Duplessis was already asking that the federal gov-
ernment withdraw from the areas of succession duties and
corporate and personal income taxes. It is true that in
1960 Jean Lesage asked only that the federal government
withdraw from the area of succession duties, but four
years later he was calling for a reconsideration of the
whole question of distribution of taxation powers. His
successor, Daniel Johnson, took up the question again in
1966, asking for exclusive and priority taxation rights.
A year later he proposed the 100% — 100% — 100% formula.

(4) The broadening foundation of the claims

In the earlier years of this century, Quebec’s stands took
the form of criticisms and requests based principally on a
deeply-felt indignation and an interpretation of the con-
stitution of 1867. The point of reference for these
claims thus essentially remained the BNA Act: Quebec
sought to ensure that it was respected. As time went on,
appeals to the spirit and the letter of the Constitution
became less frequent.

The whole range of Quebec society’s needs and aspirations
became the reference points. A great many claims were
brought to public attention not as a reaction to this or
that intrusion by the federal government but rather as
parts of an overall view of the Quebec sodety. In 1971,
for instance, the then Minister of Social Affairs, Claude
Castonguay, called for a priority competence for Quebec in
recreation, because this sector complements those of
health, the social services and manpower.

A. THE POLITICAL AND CONSTITUTIONAL SECTOR

The Constitution and the Division of Powers

1927 — Mr. Taschereau emphasizes that the provinces have to
wage a continual struggle to preserve those rights
which are theirs. (Federal-Provincial Conference)

1935 — Mr. Taschereau considers that certain constitu-
tional amendments are necessary. (Federal-Provin-
cial Conference of the Prime Ministers of the
Dominion and the Provinces)

1950 – Mr. Duplessis in his turn proposes a realignment
of jurisdictions. (Federal-Provincial Constitu-
tional Conference)

1967 — Mr. Johnson claims enlarged powers in order to en-
sure the equality of the French-Canadian nation.
(“Confederation of Tomorrow” Conference)

1968 — Mr. Johnson reiterates Quebec’s stand on a redis-
tribution of powers. (Canadian Intergovernmental
Conference)

1969 — Mr. Bertrand declares that it is vital and urgent
to re-examine the question of division of powers.
(Constitutional Conference)

1969 — Mr. Bertrand repeats his request for distribution of
powers. (Fund-raising dinner for the Union nation-
nale)

1970 — Mr. Bourassa requests a realignment of jurisdic-
tions in order to increase the efficiency and the
linguistic and cultural development of the people
of Quebec. (Constitutional Conference)

1971 — Mr. Bourassa declares that he is absolutely con-
vinced of the need for a new division of powers.
(Speech at a fund-raising dinner for the Quebec
Liberal Party)

1971 — Mr. Bourassa requests a reorganization of constitu-
tional powers. (Speech before the members of the
Canadian Press)

1975-76 — Quebec once again undertakes constitutional nego-
tiations with the other provinces on a new divi-
sion of powers. (Constitutional negotiations)

Ancillary and Residual Powers

1965 — Mr. Lesage requests that the government stop making
arbitrary use of its ancillary power to artifi-
cially create grey areas. (Federal-Provincial
Conference)

1967 — Mr. Daniel Johnson requests that the federal govern-
ment’s declaratory power be abolished and that all
the powers not expressly entrusted to the central
government be given to the provinces. (Confedera-
tion of Tomorrow” Conference)

1968 — The same request is repeated. (Canadian Intergo-
vernmental Conference)

1968 — Mr. Johnson requests an end to federal intervention
in provincial affairs through indefinitely
extendible powers. (Speech)

1975 — Quebec proposes a formula which would limit the
federal Parliament’s ability to exercise its decla-
ratory power and entrust the residual powers to the
provinces. (Constitutional negotiations)

Quebec’s International Jurisdiction

1965 — Mr. Gerin-Lajoie declares that Quebec wants to play
a direct international role in those areas over
which it has jurisdiction. (Statement before the
consular corps)

1966 — Mr. Johnson requests that arrangements be made
between Ottawa and the provinces regarding borrow-
ing policy in Canada and abroad. (Meeting of the
Tax Structure Committee)

1967 — Mr. Johnson requests that Quebec be allowed to
assume full responsibility for decisions affecting
the expansion of the Quebec community. (“Confede-
ration of Tomorrow” Conference)

1968 — Mr. Johnson urgently requests that Quebec be given
the right to maintain relations abroad and that its
right to negotiate and sign agreements and to parti-
cipate in international conferences be recognized.
(Intergovernmental Conference)

1970 — Mr. Bourassa requests that certain terms of refer-
ence be set up to promote cooperation between the
central government and the provinces with respect
to foreign relations. (Constitutional Conference)

1971 — Mr. Bourassa requests that the international aspects
of taxation be made the object of a joint study by
the various governments. (Prime Ministers Confer-
ence)

B. THE EDUCATIONAL AND CULTURAL SECTOR
Education

1920 — Mr Taschereau denounces federal government inter-
ference in public instruction. (Speech)

1953 — Mr. Duplessis denounces federal grants to univer-
sities as interference. (Tremblay Commission)

1957 — Mr. Duplessis has to foil a federal attempt to
entrust the national conference of universities
with responsibility for distributing federal funds.
(Speech)

1960 — Quebec induces Ottawa to accept a tax transfer
formula for university grants. (Speech)

1964 — Mr. Lesage claims from the federal government
the amounts which it would have devoted to reim-
bursing the interest on Quebec student loans, and
requests that the sums paid for school allowances
be remitted to Quebec in the form of tax points.
(Federal-Provincial Conference)

1966 — Mr. Johnson denounces federal government interven-
tion in adult education and asserts Quebec’s
rights in continuing education.

1966 — Mr. Johnson repeats that the content and organi-
zation of courses in all sectors and at every
level should fall under provincial jurisdiction.
(Meeting of the Tax Structure Committee)

1967 — Mr. Johnson states that Quebec must gradually
assume sole responsibility within its boundaries
for any expenditure related to education.
(“Confederation of Tomorrow” Conference)

1968 — Mr. Johnson denounces Ottawa’s assumption of the
right to intervene constantly in provincial matters,
and mentions, inter alia, educational radio
broadcasting. (Union Nationale fund-raising
dinner)

1968 — Québec requests that education in every form be
exclusively under provincial jurisdiction.
(Continuing Committee of Officials on the Consti-
tutional Conference)

1968 — Mr. Bertrand requests that the federal government
withdraw from educational radio broadcasting.
(Federal-Provincial Conference)

1971 — Mr. Bourassa requestsa new distribution of consti-
tutional powers in cultural matters. (Speech in
Toronto)

1975/1976 — Quebec proposes that each province be entitled to
legislate exclusively in matters related to the
arts, letters and the cultural heritage. (Consti-
tutional negotiations)

CULTURE

1961 — Creation of the ministére des Affaires culturelles.

1963 — Mr. Lesage states that Quebec’s right to the devel-
opment of its language and Culture must be recog-
nized, and objects to programmes of activities which
do not take into account Quebec’s priorities.
(Speech at the University of Western Ontario)

1966 — Mr. Johnson states Quebec’s desire to assume full
responsibility for the cultural development of its
citizens and demands approval by Quebec of all
federal initiatives; he opposes the federal govern-
ment’s distinction between culture and education.
(Prime Ministers Conference)

1966 — Mr. Johnson states Quebec’s desire to be in control
of its own decisions related to its cultural growth.
(Tax Structure Committee)

1967 — Mr. Johnson repeats his assertion. (“Confederation
of Tomorrow” Conference)

1968 — Mr. Johnson claims for French Canadians the right
to structures and institutions in accordance with
their aspirations and an extension of Quebec’s ju-
risdiction. (Canadian Intergovernmental Conference
on the Constitution)

1971 — Mr. Bourassa expresses the opinion that the cul-
tural factor in Quebec justifies decentralization
in Canada. (Quebec Liberal Party fund-raising
dinner)

COMMUNICATIONS

1968 — Mr. Johnson demands immediate jurisdiction oven_radio
and television. (Intergovernmental Conference)

1968 — Quebec requests shared jurisdiction over radio and
television broadcasting as well as the cinema.
(Continuing Committee of Officials on the Consti-
tutional Conference)

1970 — Mr. Bourassa requests redefinition of the procedures
for close cooperation between the central govern-
ment and the provinces. (Constitutional Conference)

1971 — Quebec publishes a working paper called “Toward A
Quebec Communications Policy”.

1973 — Tabling of a White Paper “Quebec, Master Craftsman
of its Own Communications Policy”.

C. THE ECONOMIC AND FISCAL SECTOR

Taxation

1920 — Mr. Taschereau denounces federal interference in
direct taxation. (Speech — Le Soleil)

1927 — Mr. Taschereau demands a precise definition of tax
powers. (Tremblay Report)

1946 — Mr. Duplessis asks the federal government to with-
draw from the field of succession duties, corpor-
ation capital and income taxes, and personal income
tax. He denounces the tax agreements. (Federal-
Provincial Conference)

1950 — Mr. Duplessis states that the province must possess
the essential powers in taxation. (Federal-Pro-
vincial Conference)

1955 — Mr. Duplessis repeats his 1950 statement. (Inter-
governmental Conference)

1960 — Mr. Lesage requests the federal government to aban-
don the field of succession duties. (Federal-
Provincial Conference)

1963 — Mr. Lesage requests that the whole redistribution of
fiscal powers be reconsidered. (Speech before the
Quebec Liberal Federation)

1964 — Mr. Lesage again requests a new distribution of tax
powers. (Federal-Provincial Conference)

1965 — Mr. Lesage requests a more equitable sharing of
resources between the federal and provincial govern-
ments. (Statement)

1966 — Mr. Johnson states that Quebec could carry out its
tasks if the sharing of tax responsibility in the
Constitution were not window-dressing. (Tax Struc-
ture Committee-September)

1966 — Mr. Johnson repeats his statement. (Tax Structure
Committee-October)

1967 — Mr. Johnson requests for Quebec exclusive and over-
riding tax powers. (Intergovernmental Conference)

1968 — Mr. Johnson presses for new arrangements in the
sharing of tax fields. (Intergovernmental Confer-
ence)

1968 — Mr. Johnson recalls his requests regarding a net
transfer of fiscal resources. (Speech-Junior
Chamber of Commerce)

1968 — Quebec requests that property tax and succession
duties be assigned exclusively to the provinces.
(Continuing Committee of Officials on the Constitu-
tional Conference)

1968 — Mr. Bertrand states that conditional subsidies,
grants and transfers are unacceptable. (Federal-
Provincial Conference)

1969 — Mr. Bertrand asks for a review of tax resource dis-
tribution. (Canadian Constitutional Conference)

1970 — Mr. Bertrand repeats his request of the previous
year. (Federal-Provincial Conference)

1970 — Mr. Bourassa calls for an improvement in fiscal and
economic relations before any constitutional reform.
(Constitutional Conference)

1970 — Mr. Bourassa demands a new tax-sharing arrangement
adapted to the needs of the provinces. (speech at
the UMQ convention)

1971 — Mr. Bourassa points out that better distribution
would have enabled Quebec to act more quickly and
more effectively in its development strategy.
(Paris speech)

1976 — Mr. Garneau states that a new tax-sharing arrange-
ment is still a basic consideration and must be
discussed in upcoming meetings. (Conference of the
Ministers of Finance)

Shared-Cost Programmes and Conditional Grants

1920 — Mr. Taschereau denounces the federal proposals for
conditional grants in the roads, education and
housing sectors. (Le Soleil)

1950 — Mr. Duplessis refuses conditional grants for con-
struction of the Trans—Canada Highway. (Commission
of Inquiry on Constitutional Problems)

1960 — Quebec decides to call a halt to shared-cost pros
grammes. (Federal-Provincial Conference)

1963 — Mr. Lesage reiterates his opposition to shared-cost
programmes involving conditional payments. (State-
ment at the University of Western Ontario)

1964 — Mr. Lesage recalls Quebec’s earlier stands and
claims the financial equivalence of future shared-
cost programmes and of programmes in which Quebec
does not take part. (Federal-Provincial Conference)

1966 — Mr. Johnson states Quebec’s intention to withdraw
from the shared-cost programmes and to obtain fair
financial compensation. (Tax Structure Committee)

1968 — Mr. Johnson declares that federal spending power
must be limited to areas of federal jurisdiction.
(Intergovernmental Conference)

1968 — Quebec restates this stand before the Continuing
Committee of Officials on the Constitutional Con-
ference.

1968 — Mr. Bertrand asks for withdrawal of conditional
grants and transfers. (Federal-Provincial Confer-
ence)

1970 — Mr. Bourassa demands that the federal government
cease using its spending power in areas of provin-
cial jurisdiction and requests an improvement in
the formula for compensating provinces not taking
part in the programmes. (Constitutional Conference)

1975/1976 — Quebec proposes a formula designed to limit and
control the exercise of the federal Parliament’s
spending power. (Constitutional negotiations)

Environment

1970 — Mr. Bertrand states that Quebec cannot allow the fe-
deral government to act unilaterally to settle the
watercourses question. (Federal-Provincial Confer-
ence)

1971 — Quebec calls for a constitutional provision granting
the provinces jurisdiction over environmental pro-
tection policies. (Constitutional Conference)

Municipal and Urban Affairs

1920 — Quebec denounces the federal proposals for condi-
tional grants for housing. (Le Soleil)

1968 — Mr. Bertrand asks for the withdrawal of the federal
government from the urban development sector.
(Federal-Provincial Conference)

1968 — Quebec requests that municipal organization, town
planning, urban development and housing be made the
responsibility of the provinces. (Continuing Com-
mittee of Officials on the Constitutional Confer-
ence)

1971 — Bourassa calls for limitation of the federal
role to financing. (Prime Ministers Conference)

Agriculture

1920 — Mr. Taschereau denounces federal interference and
asks that sums paid under the Constitution be
increased. (Speech)

1950 — Mr. Duplessis requests that agriculture be put
exclusively under provincial jurisdiction. (Preli-
minary brief, Federal-Provincial Conference)

1963 — Mr. Lesage calls for stable policies in the dairy
industry and feed grain supply. (Speech)

1968 — Quebec calls for concurrent jurisdiction, with
federal or provincial predominance as the case may
be. (Continuing Committee of Officials on the
Constitutional Conference)

Territorial Development

1967 — Mr. Johnson announces his government’s intention of
becoming solely responsible for any expenditures
for regional development within its boundaries.
(Preliminary statement at the “Confederation of
Tomorrow” Conference)

1968 — Quebec requests that territorial development be under
the exclusive jurisdiction of the Provinces. (Con-
tinuing Committee of Officials on the Constitutional
Conference)

Transport and Roads

1920 — Mr. Taschereau denounces federal interference in the
roads sector. (Speech — Le Soleil)

1927 — Quebec announces that it opposes federal grants for
road construction. (Tremblay Report)

1950 — Quebec refuses federal grants for the construction
of the Trans-Canada Highway because the agreement
does not provide sufficient guarantees to safeguard
Quebec’s rights. (Royal Commission of Inquiry on
Constitutional Problems)

Labour and Manpower

1965 — Mr. Lesage declares that Quebec intends to set up
its own manpower and employment policy even though
the federal government is already active in the
field, because it is an area of provincial juris-
diction. He requests that the federal measures be
modified and the joint programmes and national pla-
cement service be re-evaluated. (Federal-Provincial
Conference)

1967 — Mr. Johnson declares that Quebec will gradually
become responsible for any expenditures for man-
power training or placement within its boundaries
and will take over existing federal programmes in
that area. (Confederation of Tomorrow” Conference)

1968 — Quebec requests that manpower training and placement
be handed over to the provinces. (Continuing Com-
mittee of Officials on the Constitutional Confer-
ence)

1971 — Mr. Castonguay requests that the federal government
give over primacy of power to legislate or exclu-
sive power to do so in the field of manpower.
(Federal-Provincial Conference of Social Welfare
Ministers)

D. SOCIAL SECTOR

Health and Social Services

1920 — Mr. Taschereau denounces federal interference in
the field of public welfare. (Speech)

1927 — Quebec expresses doubts as to the constitutionality
of the federal legislation on old age pensions.
(Report of the Commission of Inquiry on Constitu-
tional Problems)

1945 — Mr. Duplessis denounces federal interference in the
field of family allowances. Report of the Commis-
sion of Inquiry on Constitutional Problems)

1946 — Mr. Duplessis denounces federal interference in the
field of health insurance. (Federal-Provincial Con-
ference)

1963 — Mr. Lesage asks that Quebec administer old age
security and requests the necessary means of
financing. (Speech at the Reform Club)

1965 — Mr. Lesage declares that Quebec considers social
security under provincial jurisdiction, annonces
Quebec’s withdrawal from the social welfare pro-
gramme proposed by the federal government, objects
to federal intrusion in the field of social secu-
rity and claims that health insurance should fall
under provincial jurisdiction. (Federal-Provincial
Conference)

1967 — Mr. Cloutier recalls that Quebec considers health
insurance under provincial jurisdiction. (Federal-
Provincial Conference of Health Ministers)

1967 — Mr. Johnson expresses Quebec’s wish to make its own
decisions in the fields of education, social secu-
rity and health. (“Confederation of Tomorrow” Con-
ference)

1967 — Mr. Johnson declares Quebec’s intention to assume
sole responsibility within its territory for all
expenditures related to health, security, old age,
and family allowances. (“Confederation of Tomorrow”
Conference)

1968 — Mr. Cloutier recalls Quebec’s request for control of
an integrated social security system. (Federal-
Provincial Conference of Social Welfare Ministers)

1968 — Mr. Johnson seeks federal-provincial dialogue on
social security. (Canadian Intergovernmental Confer-
ence)

1968 — Mr. Johnson claims that hospitals and health should
fall under provincial jurisdiction and denounces
the federal attitude. (Speech to the Union natio-
nale)

1968 — Quebec request that social security, including
family allowances, old age pensions, health and
hospitals, be attributed exclusively to the pro-
vinces. (Continuing Committee of Officials)

1969 — Mr. Bertrand claims that health insurance is a
strictly provincial field and that it is up to the
provinces to decide when it will be set up.
(Speech to B’nai B’rith)

1969 — Mr. Bertrand reiterates Quebec’s traditional stand
with respect to social security (Notes for a sta-
tement)

1970 — Mr. Bourassa claims priority responsibility in
matters of health services and social services, and
income security. (Constitutional Conference)

1971 — Mr. Castonguay seeks priority responsibility in the
elaboration of social policy. (Federal-Provincial
Conference of Social Welfare Ministers)

1971 — Mr. Bourassa seeks a realignment of constitutional
powers in the social sector among others. (Speech)

1971 — Quebec submits a proposal for amending the B.N.A.
Act at the Victoria Constitutional Conference. The
federal government rejects this and, further to the
rejection, Quebec refuses to ratify the Victoria
Charter.

1971 — Mr. Castonguay requests primacy of the power to
legislate, or even exclusivity, in matters of
social policy. (Federal-Provincial Conference of
Social Affairs Ministers)

Immigration

1968 – Quebec asks that immigration be under joint juris-
diction with federal or provincial predominance as
the case may be, and that integration of immigrants
be under exclusively provincial jurisdiction. (Cont-
inuing Committee of Officials on the Constitutional
Conference)

1970 — Mr. Bourassa asks that terms and conditions be defined
for creating close cooperation between the federal
government and the provinces. (Constitutional Con-
ference)

1975/1976 — Quebec and the other provinces seek greater provincial
involvement in the sector of immigration. (Inter-
provincial talks on the Constitution)

Justice

1950 — Mr. Duplessis seeks establishment of a provincial
Court of Appeal which would have the final decision
in matters of civil, municipal and school law.
(Federal-Provincial Conference)

1965 — Mr. Lesage claims that any policy for prisoner
rehabilitation undertaken without participation by
the provinces is likely to fail. (Federal-Provin-
cial Conference)

1975 — Mr. Choquette, in a White Paper entitled “Justice
Today”, claims that the time has come to review the
Constitution in matters of justice.

1975 — Quebec and the other provinces express concern in
the face of the expansion of the Federal Court’s
field of jurisdiction. (Federal-provincial Confer-
ence of Attorneys-General)

1976 — Quebec and the other provinces again claim provin-
cial jurisdiction over prosecutions in matters of
drugs and of violations of the Criminal Code.
(Federal-Provincial Conference of Attorneys-General)

Marriage and Divorce

1950 — Mr. Duplessis asks that marriage come under pro-
vincial jurisdiction. (Federal-Provincial Confer-
ence on the Constitution).

1968 — Quebec asks that marriage and divorce come under the
exclusive jurisdiction of the provinces. (Cont-
inuing Committee of Officials on the Constitution)

Bankruptcy

1950 — Mr. Duplessis asks that the federal government exer-
cise its powers without interfering with Quebec’s
Civil Code. (Federal-Provincial Conference on the
Constitution)

1968 — Quebec seeks joint jurisdiction in matters of bank-
ruptcy. (Continuing Committee of Officials)

Recreation and sports

1968 — Quebec asks that recreation and sport be placed
under exclusively provincial jurisdiction.
(Continuing Committee of Officials on the Constitu-
tional Conference)

1971 — Mr. Castonguay claims primacy of the power to legis-
late, or even exclusivity, in the field of recrea-
tion. (Federal-Provincial Conference of Social
welfare Ministers)