Chapter 4
How Canadians govern themselves
The federal state, the Crown and the Governor General, Parliament and how a bill becomes law, federal elections and voting, and the justice system.
Test yourself on this chapterThree facts about Canada’s system of government
Three descriptions sit on top of each other. Canada is a federal state, a parliamentary democracy and a constitutional monarchy. Citizens aged 18 or more have both the right and the duty to help make the decisions that affect them, which in practice means voting at federal, provincial or territorial and municipal level. Three branches — Executive, Legislative and Judicial — work together and sometimes in creative tension, and that interplay is what secures Canadian rights and freedoms.
Testable facts
- Canada's system of government is a federal state, a parliamentary democracy and a constitutional monarchy
- The three branches of government are the Executive, the Legislative and the Judicial
- The interplay between the three branches of government helps to secure the rights and freedoms of Canadians
- It is important for Canadians aged 18 or more to participate in their democracy by voting in federal, provincial or territorial and municipal elections
Canada as a federal state
Canada has federal, provincial, territorial and municipal governments. The responsibilities of the federal and provincial levels were set out in 1867 by the British North America Act, now called the Constitution Act, 1867. Ottawa takes matters of national and international concern: defence, foreign policy, interprovincial trade and communications, currency, navigation, criminal law and citizenship. The provinces handle municipal government, education, health, natural resources, property and civil rights, and highways. Agriculture and immigration are shared. Federalism lets provinces tailor policy to their own populations and experiment. Every province has an elected Legislative Assembly; the three northern territories have small populations and are not provinces, but their governments carry out many of the same functions.
Testable facts
- Canada has federal, provincial, territorial and municipal governments
- The responsibilities of the federal and provincial governments were defined in 1867 in the British North America Act, now known as the Constitution Act, 1867
- The federal government takes responsibility for defence, foreign policy, interprovincial trade and communications, currency, navigation, criminal law and citizenship
- The provinces are responsible for municipal government, education, health, natural resources, property and civil rights, and highways
- The federal government and the provinces share jurisdiction over agriculture and immigration
- Federalism allows different provinces to adopt policies tailored to their own populations
- Every province has its own elected Legislative Assembly
- The three northern territories do not have the status of provinces, but their governments and assemblies carry out many of the same functions
Constitutional monarchy and the Sovereign
As a constitutional monarchy, Canada's Head of State is a hereditary Sovereign who reigns according to the Constitution — that is, according to the rule of law. The Sovereign forms part of Parliament and plays an important non-partisan role as the focus of citizenship and allegiance, most visibly during royal visits. The Sovereign stands as a symbol of Canadian sovereignty, a guardian of constitutional freedoms and a reflection of Canadian history, and as Head of the Commonwealth links Canada to 53 other cooperating nations. Denmark, Norway, Sweden, Australia, New Zealand, the Netherlands, Spain, Thailand, Japan, Jordan and Morocco are also constitutional monarchies. Canada has been a constitutional monarchy in its own right since Confederation in 1867, during Queen Victoria's reign, and the Crown has been a symbol of the state here for 400 years.
Testable facts
- As a constitutional monarchy, Canada's Head of State is a hereditary Sovereign who reigns in accordance with the Constitution
- The Sovereign is a part of Parliament and plays an important non-partisan role as the focus of citizenship and allegiance
- The Sovereign is a symbol of Canadian sovereignty, a guardian of constitutional freedoms and a reflection of Canada's history
- As Head of the Commonwealth the Sovereign links Canada to 53 other nations
- Other constitutional monarchies include Denmark, Norway, Sweden, Australia, New Zealand, the Netherlands, Spain, Thailand, Japan, Jordan and Morocco
- Canada has been a constitutional monarchy in its own right since Confederation in 1867, during Queen Victoria's reign
- The Crown has been a symbol of the state in Canada for 400 years
- The Crown is a symbol of government, including Parliament, the legislatures, the courts, police services and the Canadian Forces
The Governor General and the Lieutenant Governors
There is a clear line in Canada between the head of state, the Sovereign, and the head of government, the Prime Minister, who actually directs the governing of the country. The Sovereign is represented in Canada by the Governor General, appointed by the Sovereign on the advice of the Prime Minister, usually for five years. In each of the ten provinces the Sovereign is represented by a Lieutenant Governor, appointed by the Governor General on the advice of the Prime Minister, also normally for five years. In each province the Premier has a role like the Prime Minister's, and the Lieutenant Governor a role like the Governor General's. In the three territories a Commissioner represents the federal government in a ceremonial role.
Testable facts
- There is a clear distinction in Canada between the head of state, the Sovereign, and the head of government, the Prime Minister
- The Prime Minister actually directs the governing of the country
- The Sovereign is represented in Canada by the Governor General
- The Governor General is appointed by the Sovereign on the advice of the Prime Minister, usually for five years
- In each of the ten provinces the Sovereign is represented by the Lieutenant Governor
- The Lieutenant Governor is appointed by the Governor General on the advice of the Prime Minister, normally for five years
- In each province the Premier has a role similar to that of the Prime Minister in the federal government
- In the three territories the Commissioner represents the federal government and plays a ceremonial role
Parliament and how a bill becomes law
Parliament has three parts: the Sovereign, the Senate and the House of Commons. The Commons is the representative chamber, made up of members of Parliament elected by the people, traditionally every four years. Senators are appointed by the Governor General on the advice of the Prime Minister and serve until age 75. Both chambers consider and review bills, and no bill becomes law until both have passed it and it has received royal assent, granted by the Governor General on behalf of the Sovereign. A bill passes seven stages: first reading, when it is printed; second reading, when members debate its principle; committee stage, studied clause by clause; report stage, when further amendments can be made; third reading, debated and voted on; the Senate, where it follows a similar process; and royal assent. Provincial legislatures consist of the Lieutenant Governor and the elected Assembly.
Testable facts
- Parliament has three parts: the Sovereign, the Senate and the House of Commons
- The House of Commons is the representative chamber, made up of members of Parliament elected by the people, traditionally every four years
- Senators are appointed by the Governor General on the advice of the Prime Minister and serve until age 75
- No bill can become law in Canada until it has been passed by both chambers and has received royal assent
- Royal assent is granted by the Governor General on behalf of the Sovereign
- First reading: the bill is printed and counted as read once
- At second reading members debate the bill's principle
- At committee stage committee members study the bill clause by clause
- At report stage members can make other amendments
- At third reading members debate and vote on the bill
- Provincial legislatures comprise the Lieutenant Governor and the elected Assembly
The Cabinet and confidence
In a parliamentary democracy the people elect members to the House of Commons in Ottawa and to the provincial and territorial legislatures. Those representatives pass laws, approve and monitor spending, and keep the government accountable. Cabinet ministers answer to the elected representatives, which means they must keep the confidence of the House and have to resign if defeated in a non-confidence vote. The Prime Minister picks the Cabinet ministers, most of them from among members of the House of Commons, and is responsible for the operations and policy of the government. Ministers run the federal departments; together with the Prime Minister they form the Cabinet, make the important decisions about how the country is governed, prepare the budget and propose most new laws, and their decisions can be questioned by any member of the House.
Testable facts
- In Canada's parliamentary democracy the people elect members to the House of Commons in Ottawa and to the provincial and territorial legislatures
- Elected representatives are responsible for passing laws, approving and monitoring expenditures, and keeping the government accountable
- Cabinet ministers must retain the confidence of the House and have to resign if they are defeated in a non-confidence vote
- The Prime Minister selects the Cabinet ministers and is responsible for the operations and policy of the government
- The Prime Minister chooses the ministers of the Crown, most of them from among members of the House of Commons
- Cabinet ministers are responsible for running the federal government departments
- The Prime Minister and the Cabinet ministers prepare the budget and propose most new laws
- Cabinet decisions can be questioned by all members of the House of Commons
Federal elections
Canadians elect the people they want in the House of Commons; those members are also called members of Parliament, or MPs. Federal elections must be held on the third Monday in October every four years after the most recent general election, though the Prime Minister may ask the Governor General to call one earlier. Canada is divided into electoral districts, also known as ridings or constituencies — a riding being a geographical area represented by one MP. The citizens of each district elect one MP, who represents them and all Canadians. Canadian citizens aged 18 or older may run; those who do are called candidates, and there can be many in a district. Voters choose the candidate and party they prefer, and whoever receives the most votes becomes the MP for that district.
Testable facts
- MP, or member of Parliament, is the other name for a member of the House of Commons
- Federal elections must be held on the third Monday in October every four years following the most recent general election
- The Prime Minister may ask the Governor General to call an earlier election
- An electoral district is also known as a riding or a constituency
- An electoral district is a geographical area represented by a member of Parliament
- The citizens in each electoral district elect one MP who sits in the House of Commons to represent them, as well as all Canadians
- Canadian citizens who are 18 years old or older may run in a federal election
- The people who run for office are called candidates
- The candidate who receives the most votes becomes the MP for that electoral district
Who can vote, and the secret ballot
Voting is a privilege of Canadian citizenship. To vote in a federal election or referendum you must be a Canadian citizen, at least 18 years old on voting day, and on the voters' list. Those lists come from the National Register of Electors, a permanent database maintained by Elections Canada, a neutral agency of Parliament; the Register holds citizens 18 or older who are qualified to vote. Once an election is called, Elections Canada mails a voter information card telling each elector when and where to vote. You can still be added to the voters' list at any time, including on election day. Canadian law secures the secret ballot: nobody may watch you vote or look at how you voted. You may choose to discuss it, but no one — not family, not an employer, not a union representative — has any right to insist you tell them.
Testable facts
- To vote in a federal election you must be a Canadian citizen, at least 18 years old on voting day, and on the voters' list
- The voters' lists used during federal elections and referendums are produced from the National Register of Electors
- Elections Canada is a neutral agency of Parliament
- The National Register of Electors is a permanent database of Canadian citizens 18 years of age or older who are qualified to vote
- Once an election has been called, Elections Canada mails a voter information card to each elector
- The voter information card lists when and where you vote
- You can be added to the voters' list at any time, including on election day
- Canadian law secures the right to a secret ballot
- No one can watch you vote and no one should look at how you voted
- No one, including family members, your employer or union representative, has the right to insist that you tell them how you voted
- Immediately after the polling stations close, election officers count the ballots and the results are announced
Voting procedures
The steps are fixed. Electors on the National Register receive a voter information card confirming they are on the voters' list and stating when and where to vote. Anyone who does not receive one should call their local elections office, or Elections Canada in Ottawa. If you cannot or would rather not vote on election day, you can use the advance polls or a special ballot; the dates and location are on the card. On election day go to the polling station shown on the card, bringing the card and proof of your identity and address. To mark the ballot, put an X in the circle beside your chosen candidate's name. Voting is secret, so you go behind a screen, then fold the ballot and hand it to the poll officials. The official tears off the ballot number and returns the ballot for you to place in the ballot box. Once voting ends, all the ballots are counted and the outcome is published.
Testable facts
- A voter information card goes to every elector listed in the National Register of Electors
- That card confirms your place on the voters' list and tells you where and when to vote
- If you do not receive a voter information card you should call your local elections office
- Cannot make election day, or would rather not? Advance polls and the special ballot are the alternatives
- On election day bring your voter information card and proof of your identity and address to the polling station
- Marking the ballot means putting an X in the circle beside your chosen candidate
- A screen is provided, and you are invited behind it to mark the ballot
- Once marked, fold the ballot and present it to the poll officials
- The ballot number is torn off by the poll official, who hands the ballot back for you to put in the box
- Counting follows the close of the polls, and the result is published
After an election: government and opposition
Ordinarily the leader of the party with the most seats in the House of Commons is invited by the Governor General to form the government, and on appointment becomes Prime Minister. If the governing party holds at least half the seats that is a majority government; if it holds fewer than half it is a minority government. The Prime Minister and the party in power govern for as long as they keep the support, or confidence, of a majority of MPs. When the Commons votes on a major issue such as the budget, that is a matter of confidence, and if a majority votes against the government the party in power is defeated, which usually leads the Prime Minister to ask the Governor General to call an election. Parties not in power are the opposition parties; the one with the most members is the Official Opposition, also called Her Majesty's Loyal Opposition, and their role is to oppose peacefully or try to improve government proposals.
Testable facts
- After an election the leader of the political party with the most seats in the House of Commons is invited by the Governor General to form the government
- After being appointed by the Governor General, the leader of the party with the most seats becomes the Prime Minister
- If the party in power holds at least half of the seats in the House of Commons, this is called a majority government
- If the party in power holds less than half of the seats in the House of Commons, this is called a minority government
- The Prime Minister and the party in power run the government as long as they have the confidence of the majority of the MPs
- A vote on a major issue such as the budget is considered a matter of confidence
- If a majority of members vote against a major government decision, the party in power is defeated
- The parties that are not in power are known as opposition parties
- The opposition party with the most members of the House of Commons is the Official Opposition, or Her Majesty's Loyal Opposition
- The role of opposition parties is to peacefully oppose or try to improve government proposals
Provincial, territorial and municipal government
Each provincial and territorial government has an elected legislature that passes its laws. Depending on the province or territory its members are called members of the Legislative Assembly, members of the National Assembly, members of the Provincial Parliament or members of the House of Assembly. Local or municipal government matters a great deal in daily life. Municipal councils pass laws called by-laws affecting only the local community, and a council usually has a mayor — or a reeve — together with councillors or aldermen. Municipalities are normally responsible for urban or regional planning, streets and roads, sanitation such as garbage removal, snow removal, firefighting, ambulance and other emergency services, recreation facilities, public transit and some local health and social services, and most major urban centres have municipal police forces. First Nations have band chiefs and councillors with major responsibilities on reserves, including housing and schools.
Testable facts
- Each provincial and territorial government has an elected legislature where provincial and territorial laws are passed
- Members of provincial and territorial legislatures are called members of the Legislative Assembly, members of the National Assembly, members of the Provincial Parliament or members of the House of Assembly
- By-laws are what a municipal council passes, and they bind only the local community
- A municipal council usually includes a mayor or a reeve and councillors or aldermen
- Municipalities are normally responsible for urban or regional planning, streets and roads, sanitation, snow removal, firefighting, ambulance and other emergency services, recreation facilities and public transit
- Most major urban centres have municipal police forces
- First Nations have band chiefs and councillors who have major responsibilities on reserves, including housing and schools
- Provincial, territorial and municipal elections are held by secret ballot, but the rules are not the same as those for federal elections
The justice system
The Canadian justice system guarantees everyone due process, and the judicial system rests on the presumption of innocence in criminal matters: everyone is innocent until proven guilty. Due process means the government must respect all the legal rights a person is entitled to under the law. Canada's legal system draws on the rule of law, freedom under the law, democratic principles and due process, and the law applies to everyone — judges, politicians and police included. Laws are written rules made by elected representatives, intended to guide people, provide order, settle disputes peacefully and express Canadian values and beliefs. The courts settle disputes and the police enforce the law. The Supreme Court of Canada is the highest court, with nine judges appointed by the Governor General; the Federal Court of Canada handles matters concerning the federal government. Most provinces have an appeal court and a trial court, sometimes called the Court of Queen's Bench or the Supreme Court, plus provincial courts for lesser offences, family courts, traffic courts and small claims courts.
Testable facts
- The Canadian justice system guarantees everyone due process under the law
- Presumption of innocence underpins criminal matters: guilt has to be proven
- Due process is the principle that the government must respect all the legal rights a person is entitled to under the law
- Canada's legal heritage: the rule of law, freedom under law, democratic principles, due process
- The law in Canada applies to everyone, including judges, politicians and the police
- Laws are written rules intended to guide people in society and are made by elected representatives
- Canada's laws are intended to provide order in society, offer a peaceful way to settle disputes, and express the values and beliefs of Canadians
- The courts settle disputes and the police enforce the laws
- The Supreme Court of Canada is the country's highest court
- The Supreme Court of Canada has nine judges appointed by the Governor General
- The Federal Court of Canada deals with matters concerning the federal government
- In most provinces there is an appeal court and a trial court, sometimes called the Court of Queen's Bench or the Supreme Court
- There are also provincial courts for lesser offences, family courts, traffic courts and small claims courts
The police
The police are there to keep people safe and enforce the law, and you can ask them for help in all kinds of situations: an accident, a theft, an assault, a crime in progress or someone gone missing. Canada has several kinds of police. Ontario and Quebec have provincial forces, every province has municipal departments, and the Royal Canadian Mounted Police enforce federal law throughout the country while also serving as the provincial police everywhere except Ontario and Quebec, and in some municipalities. If how the police behaved or the service they gave troubles you, raising it is your right; nearly every force in the country runs a process for hearing such complaints and acting on them. Lawyers can help with legal problems and act for you in court, and if you cannot pay, most communities have legal aid services free of charge or at low cost.
Testable facts
- The police are there to keep people safe and to enforce the law
- You can ask the police for help if there has been an accident, if something has been stolen, if you are a victim of assault, if you see a crime taking place or if someone you know has gone missing
- There are provincial police forces in Ontario and Quebec and municipal police departments in all provinces
- The Royal Canadian Mounted Police enforce federal laws throughout Canada
- The Royal Canadian Mounted Police serve as the provincial police in all provinces and territories except Ontario and Quebec
- Concerns about police service or conduct are yours to raise
- Nearly every Canadian force runs a process for hearing such concerns and acting on them
- Lawyers can help you with legal problems and act for you in court
- Legal aid services exist in most communities, free or low-cost, for those who cannot pay a lawyer
The House of Commons today
The number of seats in the House of Commons is not fixed for ever: it grows with the population, redrawn by periodic redistribution. Older printings of the study guide still say 308 electoral districts, which was right when they went to press and is wrong now — the House rose to 338 seats and then to 343 at the 2025 general election. The Senate is different: the Constitution Act, 1867 caps it, and senators are appointed rather than elected.
Testable facts
- There are 343 members of the House of Commons following the 2025 general election
- The number of electoral districts changes with periodic redistribution
- Senators are appointed, not elected, and serve until age 75