Canadian federalism overview PDF

Running head: CANADIAN FEDERALISM OVERVIEW 1
Canadian Federalism Overview
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CANADIAN FEDERALISM OVERVIEW 2
Introduction
According to Canadian Observatory Homelessness (2017), housing policy refers to the
government actions, including program and legislation delivery, which possess indirect or direct
effect on housing availability and supply, urban planning and housing standards. The legislation
affects the tax policies, resource allocation, house affordability and prices in addition to the
availability of enough rental housing supply. The policies can lead to social housing investment,
tax policies to motivate the private sector to construct additional houses and optional housing
types. The government of Canada, (2018) observes that in Canada, the housing policy
responsibility is shared by 3 levels of the government; hence, the nation does not have a
powerful pan-Canadian strategy for housing. Additionally, the housing policy poses a direct
influence on the homelessness due to the availability of affordable and safe housing remain the
key to making sure that individuals, living in poverty can maintain and access shelter. Therefore,
the essay provides advice to the Government of Canada on the constitutionality of its suggested
housing policy.
Hulchanski, (2002) claim that the government has set out various measures to start
dealing with the housing issues including homelessness. Some of the measures entail a
requirement that people searching for approval to construct new buildings must offer a
percentage of low-income units in the constructions and legislative provisions that maintain the
rents in the low-income units. Another measure includes expansion in the federal finds utilization
to subsidize directly the building of low-income housing. More so, the government proposes an
amendment to the Canadian Health Act to dictate provinces to offer a number of programs for
mentally ill people and hospital beds as a condition for federal funding to the provincial schemes
for health insurance.

CANADIAN FEDERALISM OVERVIEW 3
The requirement that people searching for approval to construct new buildings must offer
a percentage of low-income units in the constructions and legislative provisions that
maintain the rents in the low-income units
According to CanLII (1988), in the R. v. Crown Zellerbach Canada Ltd in dumping
wood waste in Beaver Cove waters by the respondents, the provincial court judge dismissed the
case as well as the appeal if the case and the Court of Appeal and trial judge stated that s. 4 (1) of
the Ocean Dumping Act remained ultra vires Parliament. The appeal was meant to define
whether the s. 4 (1) remained constitutional in its implementation to waste dumping in the fresh
waters within provinces. Hulchanski, (2002) claim that every province in Canadpossessesss their
regulations that determine the manner in which they operate.
Young & Leuprecht, (2004) state that the founding document in Canada, the 1867 British
North America Act or the 1867 Constitution Act fails to mention housing because traditionally,
housing remained an individual concern. Ministry of Municipal Affairs and Housing, (2011)
argues that the constitution passed the “civil rights and property in the province” to the
jurisdiction of the provinces including land utilization and ownership. The power provides the
provinces the role for tenant protection and rent regulation issues. The Section ninety-one of the
constitution gives residual power to the federal authorities.
The government of Canada, (2018) states that the role remains relevant where housing
interfaces associated with wider territorial and provincial responsibility in education, justice,
social services, and health. More so, Tolley & Young, (2001) note that the territories and
provinces acknowledge the unique role of the federal government in housing, including taxation,
lending programs, and mortgage insurance as well as the promotion of new technologies and
innovations and transfer of knowledge. Therefore, the principles and civil rights and property

CANADIAN FEDERALISM OVERVIEW 4
allow the governments to ensure the requirement that people searching for approval to construct
new buildings must offer a percentage of low-income units in the constructions and legislative
provisions that maintain the rents in the low-income units.
An amendment to the Canadian Health Act to dictate provinces to offer a number of
programs for mentally ill people and hospital beds as a condition for federal funding to the
provincial schemes for health insurance.
CanLII, (1993) observes that in a case “R. v. Morgentaler, [1993],” the Nova Scotia
government had passed laws restricting abortion performance at any place apart from hospitals
and policy that denied medical service insurance the abortion carried out away from hospitals.
The government revoked the policies and implemented the Medical Services Designation
Regulation and Medical Services Act that provided similar restrictions. The respondents started a
clinic and initiated operations despite the regulations and were charged with fourteen abortions
as he had violated the Act. The judge claimed that the policy remained ultra vires as it remained
in the substance, criminal legislation and acquitted the person.
Health Canada, (2016) argues that the Canada Health Act entails the Government of
Canada legislation implemented in 1984 and provides information on the criteria and conditions
with which the territorial and provincial health insurance projects must comply to attain federal
transfer money under the Canada Health Transfer. The government of Canada, (2018) states that
the act claims that "the main goal of the Canadian health care legislation include promotion,
protection, and restoration of the mental and physical well-being of Canadian citizens as well as
to facilitate the reasonable availability of health care services without any barriers, including
financial barriers.” The term insured services in the CHA has introduced a debate because it's
restricted to the care provided in health care facilities and by physicians. However, currently,