Memorandum for the PM, Discussions with Saskatchewan Officials on Patriation Resolution (17 October 1980)
Document Information
Date: 1980-10-17
By: Federal-Provincial Relations Office
Citation: Memorandum for the Prime Minister re Discussions with Saskatchewan Officials on Patriation Resolution (17 October 1980).
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Mr. E. Goldenberg:
For your information.
B. Reed
Attach. (1)
October 20/80.
CONFIDENTIAL
October 17, 1980.
MEMORANDUM FOR THE PRIME MINISTER
Re discussions with Saskatchewan officials on Patriation Resolution
After meeting with you this morning we met with Saskatchewan officials. A summary of those discussions follows.
Non-discrimination Clause
I indicated that we were sympathetic to considering any changes Saskatchewan might make to the wording .of the clause to improve it which was acceptable to the joint committee. While Saskatchewan would obviously prefer to see the section dropped they realize this is as far as we will go and this issue seems settled.
Equalization
I indicated again that we are not wedded to the present draft and it was agreed that Saskatchewan officials would work with federal Justice and Finance officials to work out an alternative draft on the basis of either the Quebec or the Manitoba-Saskatchewan drafts which were before the CCMC. We have some concerns about the use of the phrase “reasonably comparable levels of taxation” in the Manitoba-Saskatchewan draft (as does Alberta) but would be prepared to accept the Quebec draft which was supported by everybody except B.C. at the CCMC. I will report back to you after the officials meet sometime next week or the week after.
National Referendum – Deadlock Breaking Mechanism
I indicated that we were attracted to their suggestion that a referendum be called on the failure of
“C.C.M.C. DRAFT”
RESOURCE OWNERSHIP AND INTERPROVINCIAL TRADE
| (1) (present Section 92) | 1) Carries forward existing Section 92
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| Resources
(2) In each province the legislature may exclusively make laws in relation to a) exploration for non-renewable natural resources in the province; b) development, conservation and management of non-renewable natural resources and forestry resources in the province, including laws in relation to the rate of primary production therefrom; and c) development, conservation and management of sites and facilities in the province for the generation and production of electrical energy and such legislation shall not be invalid merely because part or all of the product may enter interprovincial or international trade. |
2) The draft outlines exclusive provincial legislative jurisdiction over certain natural resources and electric energy within the province. These resources have been defined as non-renewable (e.g.: crude oil, copper, iron and nickel), forests and electric energy. This section pertains to legislative jurisdiction and in no way impairs established proprietary rights of provinces over resources whether these resources are renewable or non-renewable. British Columbia has concerns over the definition of resources and would prefer to see the term “natural resources”. This inclusion is designed to safeguard otherwise valid provincial laws from being declared ultra vires for affecting trade and commerce and would prevent compulsion of export of resources from provinces. The Government of Canada (i) does not find such a provision acceptable and (ii) does not think a section to prevent federal legislation compelling exports from the province to be necessary. |