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The development of intergovernmental relations in the province of British Columbia Howlett, Michael 1984

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THE  DEVELOPMENT  OF  INTERGOVERNMENTAL RELATIONS OF B R I T I S H C O L U M B I A  IN  THE  PROVINCE  by  MICHAEL  PATRICK  HOWLETT  B.Soc.Sci.(Hons.Poli.Sci.),University  A  THESIS THE  SUBMITTED  IN  REQUIREMENTS  PARTIAL FOR  MASTER  OF  Of  Ottawa,  FULFILMENT  THE DEGREE  OF  ARTS  in THE  F A C U L T Y OF  Department  We a c c e p t to  THE  Of  this  GRADUATE P o l i t i c a l  thesis  the; r e q u i r e d  UNIVERSITY  OF  Michael  Patrick  Science  conforming  standard  BRITISH  March  ©  as  STUDIES  COLUMBIA  1984  Howlett,  1984  OF  1979  In  presenting  requirements  this  for  Columbia,  I  available  for  permission  an  thesis advanced  agree  for  without  Department  of  and  study.  I  extensive granted  March  by  the  thesis  my  written  1984  Head  It  this  P o l i t i c a l  7,  copying  for  is  this  of  my  Science  Columbia  thesis  gain  the  of  B r i t i s h  it  freely  agree for  Department  understood  permission.  make  further  of  financial  of  University  reference  The U n i v e r s i t y of B r i t i s h 2075 Wesbrook Place Vancouver, Canada V6T 1W5  Date:  the  shall  representatives.  allowed  at  Library  or  of  degree  fulfilment  the  may  publication  p a r t i a l  that  purposes her  be  in  that  that  scholarly  or  by  copying  shall  not  his or be  i i  Abstract This  thesis  relations the  in  economy,  examines  Columbia  and  constitution.  developments  within other  the  of  found  the  to  governments,  the  development  issues  provincial  constitutional  arose  in  the  in  have  the  government  provincial  relations  tradition influenced  of  a  such  strong  the  intergovernmental  to  As  key  is  are  the  and  relations.  and  periods  War  II  of  case  the  them  and  time and on  the  those  and to From  administrative Cabinet  effectiveness  have of  gap  is  issues  time  the  systematic  In  internal  examined  federal-  such the  are social  a  a  1970's. the  with  static  period  mid  in  relations  However,  between  of  provincial  economic  discussed.  internal  survey  developments  established  Premier  conduct  areas  essentially  the  is  federalism,  h i s t o r i c a l  these  addressing  government  intergovernmental that  fiscal  an  impact  development  agencies  emerges  of  Columbia  B.C.  in  administrative  it  federal-provincial  intergovernmental  on  World  began  the  the  of  post  understand  of  jurisdictions.  case  basis  of  of  had  intergovernmental gap  in  increasing  immediate  this  From  B r i t i s h  by  exist  the  areas  governments.  explained  to  the  correspond  structures  Canadian  found  in  interactions  are  other  provincial  development  British  federal-provincial  development  the  order  to  organization  the  types  conduct this  of its  analysis  factors  as  the  significantly the  province's  Table  Abstract L i s t of Tables Acknowledgement  of  Contents  i i iv v  .  Chapter I INTRODUCTION: CANADIAN FEDERALISM INTERGOVERNMENTAL RELATIONS Chapter BRITISH  II COLUMBIA  AND  THE  STRUCTURE  AND  THE  DEVELOPMENT  OF 1  OF  CANADIAN  FEDERALISM 8  Chapter III THE ECONOMICS COLUMBIA  OF  INTERGOVERNMENTAL  RELATIONS  IN  BRITISH 30  Chapter IV THE A D M I N I S T R A T I O N B R I T I S H COLUMBIA  OF  INTERGOVERNMENTAL  RELATIONS  47  Chapter V C O N C L U S I O N : C E N T R A L A G E N C I E S AND THE D E V E L O P M E N T INTERGOVERNMENTAL RELATIONS IN B R I T I S H COLUMBIA APPENDIX  A  -  DISALLOWED  APPENDIX  B  -  RESERVED  APPENDIX C SUPREME  IN  BRITISH  BRITISH  COLUMBIA  COLUMBIA  ACTS  ACTS  OF 63  1871-1955  1871-1955  ..70 ....75  - J U D I C I A L C O M M I T T E E OF THE P R I V Y C O U N C I L AND COURT CASES I N V O L V I N G B R I T I S H COLUMBIA 1871-1955 77  APPENDIX D RELATIONS  B R I T I S H C O L U M B I A M I N I S T R Y OF I N T E R G O V E R N M E N T A L T E R M S OF R E F E R E N C E - N O V E M B E R 1 9 7 9 81  A P P E N D I X E - T R E A S U R Y BOARD AND OF R E F E R E N C E - F E B R U A R Y 1981 BIBLIOGRAPHY  TREASURY  BOARD  STAFF  TERMS 84 87  i v  List  of  Tables  I.  B r i t i s h Columbia 1970-1978  Gross  II.  Forestry Related B r i t i s h Columbia Value 1970-1978  Production at S e l l i n g Value and Gross Domestic Product at Market  III  .  Domestic  Product  at  Factor  Cost 31  32  F o r e s t r y E x p o r t s a t S e l l i n g V a l u e and B r i t i s h Columbia Gross Domestic Product at Market Value 1970-1978 ...34  V  Acknowledgement  I  would  like  of  B r i t i s h  thesis.  and  M.  and  have  present  generously interviews. her  many  I  Ramesh  not  thank  Columbia  this  could  to  for  would for  his  also  their  been  of  their  Finally,  I  contributions  like  to  comments  the time  would to  Donald  patience  completed  members  donated  Professor  the  and  thank on  Blake  support my  earlier  in  help  B r i t i s h  Columbia  of  to  to  Rebecca  thank  work-in-progress.  Asad This  Mamum thesis  several  C i v i l  consented  University supervising  drafts.  the  like  the  colleagues  without  and  of  Service  somewhat  past who  rambling  Raglon  for  1  I.  INTRODUCTION:  CANADIAN  FEDERALISM  INTERGOVERNMENTAL  No its  federation  constituent  central  and  federal for  regional  need  states  to  every  this is  and  Some  met, over  the  form is  The  a  the  has  can  course  communication  basic  manner  however,  DEVELOPMENT  OF  interrelationships  of  federation  task.  THE  RELATIONS  ignore  governments  and  accomplishing  structural  able  parts.  system  federal  is  AND  in  vary  of  between  prerequisite  some  sort  of  which  of  a  machinery  this  basic  significantly  development  of  of  between  individual  federations. In  Canada,  relations of  has  the  usually  socio-economic  the  state.  structures  most  government,  to  the  impact  welfare  state.  social which  by  welfare  on  those  It the  has  with  of  basic  has  relations often  terms  given  made  been  of  and  required  network  intergovernmental  the  of  the  the  the  the  development  co-ordinating  interaction  structure growth  relations  that  of in  of the the  consideration  development the  of  of  the  gradual  responsibility  introduction  established the  of  primary  hypothesized  government  transcended  by  intergovernmental  federal  explanation  example,  jurisdictions of  the  in  of  intergovernmental  necessitated  has  development  explained  federal  has  have  for  and  common  processes  federal  adoption  been  factors  The and  growth  for  programs  federal-provincial of  an  elaborate  conferences  and  2  committees. general do  not  1  Such  dynamic  of  provide  relations. the  actual  have in  f i r s t  economic  the  to  early  It of of  as  1964  the  the  hand,  actual  analyses  why  necessity  of  administrative  Donald  in  a  may  intergovernmental  reasons  relations by  analyses  intergovernmental  The  2  public  intergovernmental as  of  of  into  other  ignore  place.  and  growth  insight  machinery  tended  the  the  any  On  socio-economic  who  the  relations  but  workings which  of  have  factors state  noted  in  machinery  combining in was  on  Canada  developed  both an  those  focused  relations  such  federal  Smiley,  explain  socio-  analysis pointed  of out  that:  is p l a u s i b l e to suggest that the increasing range p u b l i c a c t i v i t i e s and the growing interdependence modern l i f e b r i n g s about almost i n e v i t a b l y a growth  1  R.M. Burns, "Co-operation in Government, in Canadian Tax Journal, Vol 7 , n o 1, J a n - F e b 1 9 5 9 p p . 5-15; Gerard V e i l l e u x , The M a c h i n e r y f o r I n t e r g o v e r n m e n t a l C o o p e r a t i o n i n C a n a d a , u n p u b l i s h e d MA T h e s i s , C a r l e t o n U n i v e r s i t y , O t t a w a 1 9 6 8 ; Gordon Robertson, "The Role of Interministerial Conferences in the Decision-Making Process," i n R. Simeon, ed, Confrontation or Collaboration: Intergovernmental R e l a t i o n s i n Canada Today I n s t i t u t e of P u b l i c A d m i n i s t r a t i o n of Canada, Toronto, 1979 pp. 78-88; and R i c h a r d Simeon, "Intergovernmental R e l a t i o n s and the Challenges to Canadian Federalism" in Canadian Public A d m i n i s t r a t i o n V o l 23, no. 1, S p r i n g 1980, pp. 14-32.  2  See f o r of I n t e r Annual Canada, Federali Highway 1980.  example, Kenneth Kernaghan, The Power and Responsibility g o v e r n m e n t a l O f f i c i a l s i n Canada Paper p r e s e n t e d to the Conference of t h e I n s t i t u t e of P u b l i c A d m i n i s t r a t i o n of Winnipeg, August 31, 1979 and Richard J . Schultz, sm, Bureaucracy, and P u b l i c P o l i c y : The P o l i t i c s of Transport Regulation McGi11-Queen's Press, Montreal  3  in i n t e r g o v e r n m e n t a l r e l a t i o n s in a modern f e d e r a t i o n . However, what might appear t o the o b s e r v o r as the need for a r t i c u l a t i o n between the two levels does not e n s u r e t h a t t h i s need w i l l be m e t . 3  In  other  economic  does  to  not  the  in  administer  these  historical  must  examined.  be In  combining  the  two  for of  relations  by  machinery  used  Donald V. Federalism", pp. 372.  to  intergovernmental  order  of  Canada,  such  has  development  communicate  fully  identified  Canadian  different times  with  Smiley, "Public in Canadian Public  each  by  types federal  those  relations, types  of  times  evaluate  of  the  can  be  above.  three  socio-  of  relations  evaluation  identified of  the  an  on  specific  administration  analyses  different  to  at  intergovernmental and  of  specific  developed  economy  types  importance  why  the  examining at  In  of  instance,  the  governments  *  case  the  Veilleux, history  both  of  were  concentrating  the  explain  machinery  development  state  analysis  development  relations.  federal  an  establishes  itself  intergovernmental  3  while  developments  developments it  words,  periods  to the  in  a  state  made  by  Gerard in  the  intergovernmental of  administrative and  provincial  other."  Administration Administration,  and Vol 7  no  Canadian 3 1964,  Gerard Veilleux, Les R e l a t i o n s Intergouvernementales au Canada 1867 - 1 9 6 7 : L e s M e c a n i s m e s de C o o p e r a t i o n Les Presses de l ' U n i v e r s i t e du Quebec, M o n t r e a l 1971.  4  According need  for  clearly  to  some  Veilleux,  form  recognized  institutionalized charged  relations,  and  Provinces.  provincial of  State  through 5  for  the  This  between  From  the  of  had  Lt.  of  was  of  a  federal  ended  Confederation communication  government.  maintenance  by  merged  was  essentially  of  This of  was was  Lieutenant  of  dominance In  with  need  the  federal-provincial  Secretary  1887.  Governor's  governments  and  time  appointment  creation  period  the  movement  government.  federal the  the  Provinces  while  communicate  the  with  relations  Interior,  rights  by  the  intergovernmental  through  Governors  the  of  at  1873  the  federal-  the  Secretary  Department  disappeared  by  for  of  exclusive  challenged  State  of  right  the to  the  provincial  with  Laurier's  6  1887  onwards  through  meetings  of  matters  concerning  intergovernmental  p o l i t i c i a n s either  or  o f f i c i a l s  federal-provincial  relations convened or  developed to  discuss  interprovincial  5  See John T. S a y w e l l , The O f f i c e of the L i e u t e n a n t G o v e r n o r s : A Study i n C a n a d i a n Government and P o l i t i c s , U n i v e r s i t y of Toronto Press, Toronto, 1957 and J.E. Hodgetts, The C a n a d i a n Public Service: A Physiology of Government 1867-1970, University of Toronto Press, Toronto, 1973, pp. 87-111 esp.  6  On t h e i m p o r t a n c e o f t h e p r o v i n c i a l r i g h t s m o v e m e n t see Ramsay Cook, P r o v i n c i a l Autonomy, M i n o r i t y Rights and the Compact Theory, Studies of the Royal Commission on Bilingualism and B i c u l t u r a l i s m no.4, Queen's P r i n t e r , Ottawa, 1969.  5  relations.  The  7  irregular if  pattern  p o l i t i c a l  essentially  ad  Dissatisfaction to  repeated  politicians  hoc,  c a l l s the  and  secretariats.  more  effective  Royal  arena  7  federal  and  well  r e l i e f ,  tourism,  about  stage in  more  l i s t e d  of  the  of  main  These fields  insurance  led  o f f i c i a l s  and  committees  constructing by  the  areas  justice,  the The  federalof  common the  immigration  health,  a  and  s t a t i s t i c s , regulation  regulation,  of  old  age  Canada  was  8  intergovernmental 1960-1982  meetings  Relations. in  of  o f f i c i a l s .  included  of  of  of  one  considered  a c t i v i t i e s  nineteen  advertizing.  regularized,  permanent  was  conservation,  labour,  and of  as  more  these  p o s s i b i l i t y  system  inventory  was  provincial  administration  fisheries,  of  Dominion-Provincial  entrenched  unemployment  third  of  of  era  committees  nature and  the  this  series  interaction.  as  brought  by  an  agriculture,  A  irregular  on  constitutionally  pensions,  the  1937  a  in  between  intergovernmental  intergovernmental  companies,  meetings  In  undertook  provincial  and  establishment  Commission  Commission  emerged  meetings  with  for  which  period  relations  through  the  in  development  of  For a summary of t h e c o n t e n t s of t h e h i g h l e v e l m i n i s t e r i a l and adminstrative meetings held during this period see Veilleux, "Les Relations Intergouvernementales", Op.Cit. and J.H. Aitchison, " I n t e r p r o v i n c i a l Cooperation in Canada " in J.H. A i t c h i s o n , e d , The P o l i t i c a l P r o c e s s in Canada: Essays in Honour o f R. MacGreqor Dawson, University of Toronto P r e s s , Toronto, 1963, pp. 153-170.  J.A. Corry and W i l f r e d E g g l e s t o n , Administrative Co-ordination Between Dominion and P r o v i n n c i a l Governments , Royal Commission on Dominion-Provicial Relations, Mimeo O t t a w a , December 1938, and J . A . Corry, D i f f i c u l t i e s of D i v i d e d J u r i s d i c t i o n s , Royal Commission on D o m i n i o n - P r o v i n c i a l R e l a t i o n s A p p e n d i x 7, King's Printer, Ottawa, 1939.  6  specific  administrative  intergovernmental the  Lesage  provincial  government  By  such  1982  agency.  Such  a  This in  the  analysis  structures,  socio-economic  analysis  federation, developed F i r s t l y ,  discription  in  Canada.  through  need  Secondly,  the  resulted  in  internal determined  put of  the  for  some  growth need  manner  read  handle 1961  the  by f i r s t  handling  both  Canada  and for of in  of  form  is,  the  foreign  had  and  developed  the of  conjunction  in  of  the  case  can  of  country  of  of  be  three  and  the  provides  a  the  seen main  established  economy  interaction.  federal this  the  with  intergovernmental  federal-provincial  increasing  which  intergovernmental  earlier,  relations  expansion  the  in  development  interaction  nature  organization the  for  Canadian  forward  the  That  the  federal  structural  in  in  created  governments,  of  when  intergovernmental  the  which  governments  administrative  relations  initiated  responsible  other  to  9  chronological  satisfactory  was  Quebec  with  a l l  designed  stage  s p e c i f i c a l l y  relations  Canadian. some  affairs.  Ministry  province's  agencies  to  have  factors. a  basic  interaction. and  the  Thirdly,  provincial  increasing  Canadian  need  state the  governments has  been  met.  9  Timothy B. Woolstencroft, Organizing Intergovernmental Relations, Institute of Intergovernmental Relations, Queen's University, 1982. On Federal intergovernmental machinery see C o l i n Campbell and George J . Szablowski, The Superbureaucrats: S t r u c t u r e and Behavior in C e n t r a l A g e n c i e s , M a c m i l l a n of Canada, Toronto, 1979, and Richard D. French, How O t t a w a Decides: P l a n n i n g and I n d u s t r i a l P o l i c y - M a k i n g 1968-1980, James Lorimer and Co., Toronto, 1980.  7  It  is  the  the  development  of  B r i t i s h  aim of  that  three  history  of  the  the  over  relations machinery w i l l  be  has  in  province's  w i l l  be  w i l l  be  in  to order  structural  taken,  a  general  British  Columbia's  Canadian  federation  drawn  regarding  and  the  of  interaction w i l l the  machinery  as  to  the  with  emerge  and  the  its  Once  what  furthering  its  and  of  the  way  its  administrative  on  relations  meeting  the  steps  are  these and  content  governments  conclusions of  the  intergovernmental  impact  other  is  federal  nature  in  development the  i t  federalism  the  of  province  above  intergovernmental  effectiveness in  fiscal  specific  goals.  the  the  with  of  study  F i r s t l y ,  determine  determine  economic  in  Secondly,  with  case  presented  development  deal  a  followed.  issues  Thirdly,  picture  relations  be  examined  to  undertake  analysis  examined.  province.  province's  ends.  to  interaction  structural  developed  examined  the  should  influenced  the  administrative  From  steps  economy  development  thesis  intergovernmental  such  constitution  provincial  this  Columbia.  evident  government  of  the  can  of  of  the  then  be  province's  intergovernmental  8  II.  BRITISH  In proper  COLUMBIA  the  early  government  powers  reservation  America  Act  federal  power  disallow over were  between  from  the  presented  main  l i s t s in  Between  0  and  of  FEDERALISM  questions  responsibility of  the  the  of  the  between  Province  frequent  to  amounts  and  and  56  provinces  Forty others 1925.  sixty-nine  use  the  of  British  of  federal  of  the  under  section  provincial in  theory  two  Only b i l l s  the  legislation  or  a  federal  Columbia  reserved 112  North  90),  to  British  were  British  by  the  b i l l s federal  provincial  reserved  in  a l l  veto  b i l l s  of  Canada  a c t i v i t y  emerge  1 0  periods  of  disallowed  Appendices 1871  55  assent  twelve  1871  1867-1955.  Three  the  b i l l s  and  CANADIAN  disallowance.  legislation.  disallowed  between  through  to  withhold  disallowed  and  sections  applied  to  provincial  and  OF  Confederation,  government  with  under  provincial  government were  (as  of  the  dealt  for  STRUCTURE  authority  and  were  Provided  1  of  Columbia of  THE  years  distribution  federal  AND  and  A  federal-provincial and  and  B.  1882  a  reserved  total  British  of  Columbia  twelve  b i l l s  b i l l s  were  On r e s e r v a t i o n a n d d i s a l l o w a n c e s e e Norman Mcl Rogers, "The Genesis of P r o v i n c i a l R i g h t s " in Canadian H i s t o r i c a l Review Vol 14, no.1 M a r c h 1933 p p . 9-23; Eugene Forsey, " The Disallowance of P r o v i n c i a l A c t s , R e s e r v a t i o n of P r o v i n c i a l B i l l s and Refusal of Assent by Lieutenant Governors since 1867" in Canadian J o u r n a l of Economics and P o l i t i c a l S c i e n c e Vol 4, no.1 Feb. 1938 pp. 47-59; J.R. Mallory, S o c i a l C r e d i t and the F e d e r a l Power i n Canada U n i v e r s i t y of T o r o n t o P r e s s , T o r o n t o 1976; and G.V. LaForest, Disallowance and R e s e r v a t i o n of Provincial L e g i s l a t i o n Department of Justice, Queen's Printer, Ottawa, March 1955.  9  disallowed.  These  distribution rights  to  regulate during  of  the  companies  by  down  the  and  to  of  national  them  clashed  or  acts  five  in  employment the  two  subjects  frequently government  1883  times,  and had  were  1908 by  the  taxes  and  reserved  concerning  the  with  matters  to  railway  made  intergovernmental  issue  the  over  two to  levels  demand  economic and  1898  1908  were  disallowed  b i l l s two  federal  1920-1921 evidently  were  as  levels  two  powers  opposition  on  powers  twenty-six  disallowed, of  were  a  many  government  were  Acts  of  rights. disallowed oriental  relating  to  occasions.  abandoned.  encountered  in  r e s t r i c t i n g  times.  b i l l s  provincial  employment  acts  control  Seven  federal  immigration  on  to  two  were  and  nine  reserved  government right  exercized  the  while  the  Union the  construction  and  oriental  the  including  railway 1898  of  of  became  development.  immigration  also  the  proper  were  notably  grants  debate  as  forms  were  b i l l s  issues  most  land  provincial  restricting  rights  Following  Union,  disallowance  various  with  raise  Terms  and  oriental  Provincial  provincial  began  Between  three  companies,  the  including  the  north-south  and  over  times  social  Twenty-four  two  the  between  between  powers  to  government.  major  policy.  occassions.  of  government  promoting  Six  over  1908  powers  Columbia's  reservation  of  and the  disallowed  b i l l s  Terms  relating  provincial  dealing  federal  provincial  were  the  1883  distribution  British  period  of  matters  incorporate  jurisdiction  Between  the  and  commerce.  same  concerning  with  judges,  and  implementation  died  federal  appoint trade  dealt  By  used 1900  situation  much the  less  federal  where  the  10  extended when  of  faced  with to  use  its  same  on  from  the  1898,  clearly  dissatisfied provincial  turn and  of  and  the  use  followed  the  disallowance  of  in  took  almost  a l l  powers.  of  Canada  provincial  courts of  C  i t  is  federal  1900  and  five  same  b i l l  existed  1871  until  had  grown  federal the  arose  First dealt of  at  in  the  and  future  around of  the  federal  a  a  series  Privy  second  From that  "entente" l i s t  of  although  the  peak  powers  of  of  thirty-nine  the  of  Council  the  their  federal  usage  reservation  government  and  cases between  1939.  World with  these  and  of  1889  Twenty-three  which  in  l i m i t s  apparent  in  between  In  courts  powers.  the  of  the  of  into  reserving  province  the  arrived  began the  the  forced  affecting  Committee  and  and  the  of  attempts  evidently  province  the  Columbia  place  1889  to  J u d i c i a l  1900.  the  proceed  necessary.  turned  collapse  reserve  limits  understanding  Appendix  the  of  was  Confederation  issues  to  f i n a l l y  had  century  When  became  the  quo"  established  new  and  British  Between  provincial  a  Court  after  the  to  returns  provincial  then  forced  into  development  before  federal  extensive  1871-1955  of  determined  government  and  "status  the  governments  presented  involving  turn  power  Supreme  delimiting  of  even  diminishing  repeated  federal  b i l l s  was  in  government  entrance  the  century  two  the  heard,  the  sort  social  brought  cases  a  resulted  with  the  jurisdictions.  provincial  cases  b i l l s ,  with  and  The  Faced  province's by  powers  provincial  occasion  Although  economic  a  disallowing  and  twice.  veto  policies.  the  repeatedly them,  with  own  pass  its  War the  cases,  eight  limits the  of  cases  were  federal  decision  went  and in  11  favor  of  the  jurisdictions upheld  by  seventeen  provincial over  the  establishment provincial primary  fisheries  courts.  cases of  over  distinction trade  and  inter-provincial  trade  yardstick  many  cases  decided  definition tax,  which  the  trade,  a  marketing  the  this  of  boards.  These  dealt  with  taxation  purposes  the  v a l i d i t y  of  as  federal  far  as  federal  government  distinct  periods  first Terms  period of  the  legislation.  Between  untrammelled  federal  forced  the  question  of  were  as  dealing direct  1955  issues  including  corporation's  place  emergency Columbia's  1871  of  the  1898  but  the  the and  right  1939 to  proper  aid  cases  were  definition  with  concerned  never over  In out  of  the two the the  seriously  challenged  of  and  provincial  provincial  distribution  export  Council.  arising  province  the  to  1871-1955.  veto  dictate  in  are  province  the  and  residence,  relations  issues  federal  the  of  Orders  issues  period  and  four  the  indirect  imposed  only  basic  with  and  of  over  Among  penalties  and  control  the  taxes  1939  The  control  inter-provincial  and  and  province.  measured.  a  the  federal  affecting  during  the  of  served  of  Wars  with  provincial  those  constitutional  1898  World  dealt  the  federal completely  Second  federal  were  definition  contested use  cases  B r i t i s h  emerge  were  the  several a  and  were  limits  of  commerce  wartime  over  between  Union  challenged  of  the  between  commerce  Between  for  Thus  1916  and  a l l  economy  in  the  of  First  mark  manner  taxes  question  to  and of  royalty,  question  and  heard.  of  in  the  the  harbours  Almost  the  made  Only  public  heard.  c r i t e r i a  control  by  and  Between  were  intra-provincial  government.  policy  federal  the and and  12  provincial  powers  powers  reservation  courts on  of  to  established  the  a  the  issues  and  new  distinction  provincial  courts.  this  disallowance  f e l l  period into  provincial  federal  over  federal and  vivendi  control  control  the  disuse  f e d e r a l - p r o v i n c i a l modus  between  and  During  the based  over  intra-  inter-provincial  ones. This turn  of  struggle  the  struggle Using  century  over  the  the  forum  meetings,  over  of  for  varied  according  only the  importantly, campaigns  development British union. had  Columbia  argued  customs the  had  benefited  and  province's  other  excise  interprovincial  thoughout  the  campaigns  relationship  existing  set  the  reason,  provinces  mountainous  on  These  that  from  same  duties.  embarked  and by  because  resource-based  l i t t l e the  resources.  ,  most  similar  1  claimed  export-oriented,  than  f i s c a l  precedents  an  more  of  governments  1  the  federal-provincial  persisted  provinces.  after  a  governments  federal the  for  powers  and  partisan  and  other  insisted,  contributed  through  the  to  of  Confederation.  governments  of  They  which  of  to  according  Successive  Columbia  terms'  provincial  in  distribution  British  century  launched  by  federal-provincial  'better  f i r s t  distribution  paralleled  proper  province's  between  was  successive  campaigns  the  to  Successive  terrain  made  of  the  economy  Canadian  economic  that  province  the  federal  revenues  governments the  J.A.Maxwell, Federal Subsidies to the P r o v i n c i a l Canada, Harvard U n i v e r s i t y Press, Cambridge, 1937  provision  also of  Governments in pp. 37-185.  13  transportation services,  more  On  numerous  the  excess  for  the  p u b l i c .  1  expensive  higher  fiscal  more  than  a  had  direct  incurred  Commission  a  the in  Commission  intervention  most  government  other a  to  federal  province.  reimbursement  sent  providing  the  of  federal  subsidies  to  make  services  to  the  provincial provincial  to  never the  the  First  tax  and  as  aid  in  scheme  the  case  It  Imperial soon  to  its  its  In  into  the the  had  province 1876  the  First  and  for  to World  meantime, direct  generated had  turned the  positions.  representative of  the  province.  to  London.  nor  anything  appealed  War  since  for  successfully  government  the  to  examine  armed  federal  need  its  and  century  the  payment  intervention  World  the  the  deliberations.  federal  grievance income  l i t t l e  the  began  of  neither  appeal  appointed  with  turn  lump-sum  Commission  province 1913,  the  federal-provincial  recognized  government  Royal  into  However  one-time  received  of  during  claims.  attempted  federal  of  at  governments  but  the  Although  2  in  any  demanded  it  entered  token  province  authorities  1  it  conferences  provincial  field  costs  first  other  the  claimed  in  thus  2  these  creation  than  province  increase  with  to  the  and  an  links,and  B.C.  it  interprovincial  back  in  monies  B.C.  The  communication  occasions  government up  and  W i l f r e d E g g l e s t o n and C . T . K r a f t , "Dominion-Provincial and G r a n t s " S t u d y P r e p a r e d f o r t h e R o y a l C o m m i s s i o n on Provincial Relations King's Printer, Ottawa, 1939.  War the  taxation another  operated  disliked  the  its  own  having  to  Subsidies Dominion-  14  share  the The  f i e l d .  1  3  province  brought  Commission  but  evidence  demonstrate  higher  to  costs  the  or  lost  dismissed  decisions  of  the  province By  fiscal  as  1939  had  f u l l the  that  the  to  a  province as  a l l .  a  The  the  lack  of  had  in  recommended settlement  consisted  a  of  Revenues  raised  in  a  of  incurred  joining upheld  lump-sum  1  1  the  Second  World  War  the  the  payment  on  to  federal-provincial three  should  main be  stay  points: cost-  there;  3. The p r i m a r y b a s i s of any t r a n s f e r s y s t e m s h o u l d that a p r o v i n c e be a b l e t o r a i s e w h a t e v e r r e v e n u e s r e q u i r e s t o meet i t s e x p e n d i t u r e needs.  After  the  1  essentially  province  fact  inter-provincial  1. Federal-provincial transfers should oriented rather than revenue-oriented; 2. and  s t a t i s t i c a l  claims. '  position of  any  Commission  one-time its  Rowell-Sirois  result  f e d e r a l - p r o v i n c i a l and  provincial  arrangements  c i t i n g  revenues  them  previous  which  grievances  Commission,  Dominion,  conferences  its  province  continued  to  be i t  press  A. Milton Moore, J.Harvey Perry a n d D o n a l d I. Beach, The F i n a n c i n g o f C a n a d i a n C o n f e d e r a t i o n : T h e F i r s t 100 Years C a n a d i a n Tax F o u n d a t i o n , T o r o n t o , 1966 p p . 3 and Province of British Columbia, C l a i m s f o r Readjustment of Terms of Union, King's Printer, V i c t o r i a 1935.  3  "  See G o v e r n m e n t of B r i t i s h C o l u m b i a , " B r i t i s h Columbia in the Canadian C o n f e d e r a t i o n : B r i e f of Argument", Submission presented t o t h e R o y a l C o m m i s s i o n on D o m i n i o n - P r o v i n c i a l R e l a t i o n s by t h e Government of B r i t i s h C o l u m b i a , Victoria, King's Printer 1938, and Report of the Royal Commission on Dominion-Provincial Relations, B o o k I: Canada 1867-1939, King's P r i n t e r 1939 pp. 234-^245 e s p .  15  these  three  with  the  basic  more  general  development  of  demand  and  more  province  in  provincial The  the more  practice  at  such  British  Columbia  slice  the  of  establishing  provincial  the  f i s c a l  future  the  issues  economic  governments  revenues  control  at  f i s c a l  and  federal to  municipalities,  began  raised  to  in  direction  unemployment  its  of  the  of  the  of  which  trends  for  would  the  a  national  national  Brief Presented to Conference, Ottawa  larger  federal-  pool  officers  of  information, reports  for  5  number  of  low  health  a  "fact-finding"  prepare  Bennett  unemployment,  its  p o s s i b i l i t y  for  federal-provincial  in  been  recommendation  technical  and 1  a  1945  Confederation,  structures creating  the  had  demands  concerned  committee  describes  a  As  non-fiscal  conferences.  assistance  assistance,  W.A.C. Bennett, Federal-Provincial  suggested  after  1955.  course  meeting  1957  Burns  a  only  economic  relieve  in  press  governments  the  R.M.  the  to  the  He  federal-provincial  negotiations,  over  continuing  provincial  held  systematic  interaction.  and  was  The  more  Discussing  1 5  pie.  Bennett  "consultative"  programs  identify  f e d e r a l - p r o v i n c i a l meeting  continued  f i s c a l  W.A.C.  increased  of  over  better  conferences  by  future  to  Provincial  control  Reconstruction  made  discuss  question  to  major  on  federal  began  economy.  Conference  and  but  province.  order  f i r s t  of  demands  Tax  Rental  as  pressing  for  areas  including  work  interest program,  development  loans  for  broadened program  the Plenary Session Oct. 3, 1955.  of  and  the  16  federal  aid  In  to  post-secondary  1960  assistance provide  to  Bennett the  direct  i n i t i a t i v e s . leadership  especially and  federal-provincial  tax  Columbia  system  Commission Structure depressed  the  Canada.  was  under  and  its  Committee,  unhindered  nation-wide  funding  to  make  up  for  trade  the  need  the  become  such  "to  traditional its  higher  entire  the  most  by  that  planning  development".  should demand  be that  facing Canadian  Carter  Royal the  Tax  given  the  important  issue  that 1 8  w i l l Bennett  provincially it  be  of  given  led, more  costs.  R . M . B u r n s , The A c c e p t a b l e Mean: The Tax R e n t a l 1962 C a n a d i a n Tax F o u n d a t i o n , T o r o n t o , 1980.  W.A.C. Bennett, Federal-Provincial  co-operative  problems  Committee  economic  development  transportation  for  the  to  government  aspects  evolve  planning  and  the  when by  the  government  economic  of  1966,  situation,  ensure  B.C.'s  In  federal  federal  resolving  told  had  reiterated  areas  for  federal  increased  intergovernmental  Bennett  that  the  investigation  economic  specified  6  provincial  to 1 7  1  demands  on  reasserted  federalism  and  1 7  in  fiscal  clearly  1 6  for  approaches  and  world  for  called  his  calling  assistance  infrastructure,  B r i t i s h  increased  province,  He ,  education.  Agreements  Brief Presented to the Plenary Session C o n f e r e n c e Ottawa O c t o b e r 26, 1960 .  1941-  of  the  "Statement by the Honourable W.A.C. B e n n e t t , P r e m i e r of the P r o v i n c e of British Columbia to the Federal-Provincial Tax Structure Committee, Ottawa, Canada, Wednesday September 14, 1966", in Government of Canada, F e d e r a l - P r o v i n c i a l Tax S t r u c t u r e Committee, Ottawa September 14-15, 1966, Queen's Printer, Ottawa, 1966.  17  In  1968  conference federal  planned  capacity  each  government developed  federation Canada  its  for  to  regions  of into  order  on  the  year  focused  withdraw  from  shared  each  to  government  discharge  proposal  a  with  major  to  delegation  and  account  of  B.C.  in  his  tax  ...be  of  powers  the  i t  of  regions  powers 2  Senate  the levels  of  of  to had  representing  purpose.  the  restructured the He  also  concept of  B r i t i s h Queen's  9  This  0  that  the  1  and  extended  of  for  Canadian  federation  of  W.A.C.Bennett, Proposals of the P r o v i n c e the C o n s t i t u t i o n of Canada December 1968, Victoria, 1968 p p . 11-12.  that  sufficient  five  conception  between  order  the  be  endorse  the  obligations."  should  this  that  parliament.  purpose  that  in  residual  federal  region  to  one  insisted  accomplish  legislative  demand  fields  over  original  government  the  constitutional  tax  as  the  Bennett  five  on  the  restructuring  suggested  effectively  federal  for  authority  its  to  for  constitutional  restructuring  f u l f i l l Canada  its  envisioned  institutions.  failed  in  that  representation  major  taking  a  provided  demand  intended  of  which  increased  proposals  for  government  "the  He  1 9  Bennett's  ,  country, called of  the  government.  2 1  Columbia on Printer,  2  0  On this, and on the affect the Bank of B r i t i s h Columbia c o n t r o v e r s y may h a v e h a d on s e n s i t i z i n g B e n n e t t t o t h e n e e d for increased provincial control over n a t i o n a l p o l i c y , see Peter Ruff Johannson, B.C.'s Intergovernmental R e l a t i o n s with the United States, Ph.D. Thesis, John Hopkins University, Baltimore, 1975 p p . 134-138 esp.  2  1  W.A.C. Bennett, "Proposals of the P r o v i n c e of B r i t i s h on t h e C o n s t i t u t i o n of C a n a d a , December 1968" Op.Cit.  Columbia  18  In  1970,  regional demands and  the  need  1970  he  participants be  1970  demands again  to  very  either  for  to  in  1972  Columbia's At Barrett  a  on  the  the  positions.  2  that  regulatory  of  However  u t i l i t y  the  of  failure degree  accepted.  his  agencies  Canada.  the  required  to  of  of  the the  unanimity Columbia  constitutional  review  process  or  2  administrative from  content  the of  government  significantly  i t  added  a  levels,  and  federal  government  the  province's  3  Party  major  and  for  British  concessions  dominate  proposals  2  p o l i t i c a l  f i r s t  f i t t i n g  be  at  not  stated  the  to  federal-provincial  his  of  in  the  Bank  question  what  changes  Democratic  did  to  federal  the  l i t t l e  intergovernmental New  major as  1968  institutions  because  financial  began  The  begun  agree any  of  such  exercise  his  federal  reform  had  for  participated after  for  of  institutions  constitutional  would  reiterated  restructuring  monetary  by  Bennett  which  affect  the  followed conduct  Bennett  of  B r i t i s h  relations.  intergovernmental  conference,  Dave  was:  occasion  for  me  to  assure  you  that  the  2  2  W.A.C. Bennett, Proposals of the P r o v i n c e to the Working S e s s i o n of the C o n s t i t u t i o n a l F e d e r a l - P r o v i n c i a l Conference, Ottawa Sept.  of B r i t i s h Columbia Conference and 14-16, 1970.  2  3  BC sent one of the s m a l l e s t d e l e g a t i o n s of o f f i c i a l s t o the m e e t i n g s o f t h e c o n t i n u i n g c o m m i t t e e s on c o n s t i t u t i o n a l m a t t e r s . See the l i s t s of o f f i c i a l s contained in Canadian Intergovernmental Conference Secretariat, The C o n s t i t u t i o n a l Review 1968-1971 I n f o r m a t i o n C a n a d a , O t t a w a 1974 p p 249 esp.  19  government of B r i t i s h Columbia i s f i r m l y committed to the concept of a u n i t e d Canada and to the p r i n c i p l e of the Canadian Confederation... my g o v e r n m e n t desires t o b r i n g a new d i r e c t i o n f o r B r i t i s h Columbia inside the Canadian C o n f e d e r a t i o n and looks forward to open l i n e s of communication w i t h the f e d e r a l government and p r o v i n c i a l governments to ensure the co-operation and understanding which is necessary to meet the c h a l l e n g e s of the day. " 2  Despite became as  such  statements,  embroiled  had  battling  the  government  the  federal  of  government  of  the  banking  pricing  and  native  only  implicit  with these  the  major  dropping  Under  the  with  change of  with  of  issues.  the  2  B r i t i s h  disputes included  of  more  quickly  taxation provincial  over  energy  5  Columbia's  of  B.C. began  western  government other  for  clashing  province other  These  alteration  and  Opportunities  Barrett  those  the  notion  the  government  Bennett.  agitating  in  the  NDP  Barrett  federal-provincial  over  claims  Economic  the  same  industry,  meetings  Western  meetings  position  land  the  W.A.C.  control  interprovincial  5  the  notification,  region.  2  of  without  the  "  many  rates  The  2  in  however,  positions  as to  Western  separate  participate  provinces,  Conference  moved  a  to  of  in  beginning 1973.  integrate  Premiers.  was  its  Contrary  At own to  David Barrett, B r i t i s h Columbia's Opening Statement FederalP r o v i n c i a l C o n f e r e n c e of F i r s t M i n i s t e r s , O t t a w a May 2 3 - 2 5 , 1973 pp. 1- 2 .  Honourable Government Federal-Provi Provincial Pr and Johanson,  Dave Barrett, Premier and M i n i s t e r of F i n a n c e , of British Columbia, Notes for a Statement on n c i a l Shared Cost Programs, Conference of e m i e r s , St J o h n ' s N e w f o u n d l a n d , August 21-22 1975 Op.Cit. pp. 156-172.  20  its  stated  intentions  government, a  measure  federal  to  co-operating  however,  this  increase  the  province's  through  joint  government  governments.  of  As  2 6  Peter  move  appears  Johannson  In 1976,  his W.R.  preceding  "to  that  was  2  6  2  7  the the  Columbia  position  in  Columbia  "woefully  a b i l i t y  on  intended  to  coerce  other  as the  provincial  B.C.'s relations with and degree from those f a r m o r e i n common than their approaches to . the s i m i l a r i t i e s far  the  constitution  many  of  governments. f i r s t  in  underrepresented  He  enunciated  constitution  occupies  with  been  federal  7  constitutional now  have  the  concludes,  reiterated  Canadian  recognize,  British  statement  Bennett  British  emphasize 1968  f i r s t  to  action  Dave Barrett's handling of Canada d i f f e r e d o n l y in method of W.A.C. Bennett. There is there is in c o n f l i c t between federal-provincial relations.. outweigh the d i f f e r e n c e s . 2  with  must  terms,  by  the  the  2 8  November  positions  chose,  be  Canada". at  the  in  W.A.C.  held  however,  rightful Bennett national  to  Bennett  re-adjusted  so  place  by  in as  which  claimed level"  B.C. and  M.Westmacott and P.Dore, "Intergovernmental Co-operation in Western Canada" in J.Peter Meekison ed., Canadian Federalism: Myth or R e a l i t y Methuen, Toronto, 1977 p p . 341-352, and Gerry T. Gartner, "A Review of Co-operation Among the Western Provinces" in Canadian Public Administration Vol 20, no. 1, Spring 1977, pp. 174-186 .  Peter  Ruff  W i l l i a m R. Constitution  Johannson,  Op.Cit.  pp.  169-170.  B e n n e t t , What i s B r i t i s h C o l u m b i a ' s P o s i t i o n of Canada? V i c t o r i a , November 1976.  on  the  21  suggested  such  provincial and  the  right as  and  Canada.  North  country with  the  the He  a  The support  new  position of  to  Credit  spring  of  the  1976  the  9  but  the  Act  Development the  Bank  British  declared nature  should rights  and  Canadian  the  five-region  opening  be  if  an  of  the  patriated  would  own  views  felt  by  also  relations  Columbia  require  as on The  the  its  the  with  Task  chair,  proper  Task  continued  pressed  Premier's  served  relations.  concern  up  Western  and  its  Western  was  the  other  for  the  Force using  scope  Force  to  and  on this  nature  intended  Premiers  in  to the  about:  the increasing the Government legislation in constitutionally  2  the  patriating  formula  Court,  boards  and  provincial  B r i t i s h  Trends  assert  federal  Corporation,  for  then  to  Supreme  Canadian  administration  i n i t i a t i v e  federal-provincial  investigate  upon  increased  approval.  of  Constitutional  the  such  the  amending  changes  provinces.  establishment  an  agreed  Social NDP  support  the  as  Commission,  Broadcasting  his  and  to  Transport  reflecting  provincial  Senate  Commission,  with  ensuring  the  Western  Act  the  readjustments"  appointments  Canadian  not  rider  in  Canadian  formula was  unamimous  make  declared  America  amending  to  Television  Corporation, of  constitutional  representation  commissions Radio  "basic  tendency, perceived at that time, of of Canada i n i t i a t i n g federal subject areas which h i s t o r i c a l l y and h a v e b e e n c o n s i d e r e d t o be w i t h i n the  Western Premiers Conference, Report of the Western T a s k F o r c e on C o n s t i t u t i o n a l T r e n d s , May 1977.  Premier's  22  provincial  The  Task  Force  sphere.  conducted  federal-provincial most  contentious  resources  issues  and  increasing  number  Supreme  After fiscal  and  of  Court  1976  the  and  1977,  example,  concern  found,  of  not  were  in  development,  to  survey  the  areas  the the  the  in  to  provincial  provincial  began  reform control  Bennett  told  with over the  of  to  and  of  link  the Canada  demands  of  and  provincial  was  of  l e g i s l a t i o n .  issues policy  the  natural  manpower  Government  d i r e c t l y  that  provinces  by  province  active  administration  interventions opposition  of  surprisingly,  housing,  affecting  concern  i n s t i t u t i o n a l  development for  and  questions  Especially  the  ministry-by-ministry  policies  economic  justice.  at  a  federal  and  immigration,  2  for  economic  planning.  premiers  of  In his  that:  In Canada, t h e m a j o r l e v e r s of economic policy i.e. t a r i f f s and trade policy, international and interprovincial transportation, monetary policy and unlimited taxing powers are within federal jurisdiction. Thus regional governments must live with the results of many p o l i c y measures that are l a r g e l y beyond their control. When such national measures do not complement the objectives and a s p i r a t i o n s of a p r o v i n c e ' s a t t e m p t s at pursuing an e c o n o m i c d e v e l o p m e n t s t r a t e g y i t may b e f r u s t r a t e d . 3  In  the  provincial  provincial  3  0  economies  government's suffered  estimation, from  federal  f i s c a l  0  resource-based and  monetary  W.R.Bennett, " B r i t i s h C o l u m b i a : N a t u r a l Resource Management Provincial Economic Development," Paper presented to the A n n u a l P r e m i e r s C o n f e r e n c e , New B r u n s w i c k , A u g u s t 1 9 7 7 p p .  and 18th 5-6.  23  policies, was  to  and  have  of  f i s c a l  by  involving  leading  up  The  the  solution  "provincial  and  monetary the  to  second  input  into  with  o f f i c i a l s in  mechanism  should  of  late  the This  "early in  was  and  these  could  be  to  two  1978,  the  3  parameters  consulation"  1  Task  Force  s p e c i f i c a l l y  such  increased  achieved.  Task  forward  accomplished  Premiers  Federal-Provincial  February  the  be  areas.  i t s e l f which  of  put  meaningful  addressed by  now  design  Western  the  have  government  the  policies  of  Vancouver  in  mechanisms  federal  into  planning  report  of  the  p o l i c i e s " .  Trends  consideration  input  provinces  federal  Constitutional  which  to  Force  the  provincial  After  Relations  on  meeting Office  concluded  in any  aims:  1. To head o f f f u t u r e f e d e r a l - p r o v i n c i a l f r i c t i o n s , d u p l i c a t i o n s and p o s s i b l e constitutional intrusions, and 2. have  To  deal  To deal with occurred. 3  with  restructuring more  sensitive  governments. suggested  Ibid,  3  2  pp.  a  the the  f i r s t  the  In  dealing  and  Western Premiers R e p o r t A p r i l 1978  and  goal,  the  Federal-Provincial  to  body  14  problems  grievances  once  they  2  desires  composed  with of  Task  Force  Relations  and  plans  the  second  Office  of  the  goal,  provincial  the  recommended to  make  i t  provincial Task  Force  intergovernmental  106.  Task pp.  F o r c e on 40-41.  Constitutional  Trends,  Second  24  relations  officials  intergovernmental existing  and  By  1978,  relations  possible  the  economy and  time the  urging the  government  prepared  stand  on  sector Canada  trade  i n the faced  major  an  In  the  the  development  provincial 3  In  constitutional the  input  into  October  the  package b e f o r e  Constitution.  e m p h a s i s of  the  in  This  series  of  W.A.C.  the  positions  Bennett's  W.R. B e n n e t t , Towards an E c o n o m i c P r i n t e r , V i c t o r i a , February 1978.  3 4  William R. A d d r e s s t o the  national  the  Bennett  papers  outlining  of  the  for its  government problems  economy  and  the  trade  liberalization  and  decision-making government  Ministers papers  t a k e n by  3 3  of  was  inherited  demands  fall  these problems  provincial First  the  to  national  the  on  the  position  the  on  proposals  b r o k e down t h e  of  increased the  of  role  proposed  pre-1976 p o s i t i o n s  For,, w h i l e many of roots  axes  and  of  Economy  Bennett  answer B e n n e t t of  spring set  of  the  consult  conflicts.  February  the and  May  twin  The  process. "  on  liberalization 33  a  series  federal  conferences  i n the  In  with  and  restructuring  elaborate  constitution.  more  review  developed  government.  economy.  concurrent  were h e l d  Conference  along  to  federal-provincial  had  the  federal  Ministers  regularly  federal-provincial  Columbia  economy and  First  future  the  meet  officials  constitution  British  consistently  the  should  the  for  Strategy  placed  its  Conference  on  subtly by  policy  the  shifted  government.  province  had  administrative  for  Canada  Bennett, Developing a Third Option Mens C l u b of V a n c o u v e r , May 17, 1978,  the  for pp.  their and  Queen's  Canada, 5 esp.  25  institutional for  regional  which  reform,  by  1978  autonomy  or  the  adversely  provincial The  into  cornerstone  remained this  input  affected  the  was  the  content  provincial of  much  Office  of  the  new  such  as  Intergovernmental such  as  the  Western  Trends  with  intergovernmental  relations  in  Annual  Conference  permanent P o l i c y .  3  6  Through  the  of  leaders  these a of  the  The  creation and  through  Liaison Bennett  respective  of  powers of  of  a  the  now  tied  provincial  Force  to  executive of  on  restructure institution  complete  Committee  governments  which  interprovincial  to  hoped  of  controlling  Task  Ministers,  form  of  however,  creation  province  Premiers  Canada  proposals  pronounced  5  proposals  time,  the  proposals  First  Federal-Provincial  development which  of  3  direct  process.  position  Relations  Constitutional  an  for  the  1976  actual  This  distribution  l e g i s l a t i o n . the  for  simply  legislation  constitutional  Senate.  in  not  federal  but  demands  executives  federal  i n i t i a t i v e s  a  veto  demands  policy-making  with  and  to  provincial  reform  bodies  internal  initiatives  to  become  province,  federal  the  had  a b i l i t y the  coupled  intergovernmental leave  of  proposal  demand  would  the  they  on  with  of a  National  achieve federalism Canada,  the in and  3  5  Province of British Columbia, Executive Council, British Columbia's Constitutional Proposals: P a p e r N o . 3 - The R e f o r m of the Canadian Senate Queen's P r i n t e r , V i c t o r i a , September 1978.  3  6  P r o v i n c e of British Columbia , Executive Columbia's Constitutional Proposals: Paper No. Instruments for Federal- Provincial Relations V i c t o r i a , September 1978.  Council, British 5 Improved Queen's Printer,  26  not  the  federal  Despite to  provincial  create  Senate  a  proposals  envisioned  paper of  of  on  the  First  the  the  per to  First  se, the  would  contrary,  Ministers  and  the  on  constitution.  the  province  subject,  a  actual  provided  between  Ministers.  a  According  reformed  i t  was the  core  of  This the  a  policy.  the  proposal  proposals the  was  B r i t i s h  implicit  and  the  in  not  position  take  consultative  i t  proposed  provincial  would  for  relationship  Senate  to  Senate  national  not  of  reformed  federal-provincial  province  make  formed  existing  established  Rather  of  which  description  Council  claims  Council  reform  Columbia the  parliament,  the  place  procedures.  stated:  the e x i s t e n c e of such a provincially oriented body would have the e f f e c t of e n c o u r a g i n g consultation and co-operation between governments at the policy formulation stage to a greater extent than is presently the case. The g o v e r n m e n t o f C a n a d a w o u l d be aware of the powers of the r e f o r m e d Senate and would , we b e l i e v e , t h u s b e m o r e inclined to seek federalprovincial understanding a t an e a r l y s t a g e on m a t t e r s of s i g n i f i c a n t f e d e r a l - p r o v i n c i a l import. 3  This  new  trend  federal-provincial Third  Report  Constitutional Force  in  Columbia's  7  Ibid  pp.  the  Trends.  this  report  proposals  16.  British  relations  of  intergovernmental  3  in  Columbia's  surfaced Western  The  only  on  aspects-  the  in  proposal the  Senate of  attitude March  Premiers  new  concerned  again  7  Task made  by  consideration reform.  province's  hopes  towards  1979  in  the  Force  on  the of  Task  British  Here for  the such  an  27  institution that  a  were  reformed  clearly Senate,  spelled if  i t  out.  The  Task  Force  stated  was:  a b u i l t - i n i n s t i t u t i o n such as i s proposed , acting as an ongoing mechanism , would compel c o n s u l t a t i o n and c o - o p e r a t i o n between governments and would provide early provincial government input into the p o l i c y making process, t h u s p r o v i d i n g the i d e a l means t o head off day to day federal-provincial c o n f l i c t and intrusion in the long term w h i l e a t t h e same t i m e ensuring t h a t t h e v i e w s of a l l c o n s t i t u e n t members of the federation are brought t o b e a r on t h e development of n a t i o n a l ( as distinct from federal government) p o l i c i e s . 3  Clearly  the  introduce such  a  position a  veto  results  of  engage  in  provinces  in  attempt  to  a  the  Senate new  to  veto  the  at  federal  active  major  Further moves  the  surmount  of  the  Provinces reform  and  provincial  process  province  opposition  that made to  agreed  proposal  representation  and  Force  was  It  f i r s t  was  to  September  combined  relations an  members  upper  the  could  be  can  be  in  an  with  the  1980  its  and  with  case  Faced  creation  the  ministers  the  support  to  expected  adhere  i n i t i a t i v e s  the  for  on  level.  proposals.  essentially  called  of  time  consultation  in  to to  this  to  this  its  provinces  which  Task  of  policy  intergovernmental  Western Premiers Report March 1979.  national  conferences  evidence  Columbia  at  government  national  other  B r i t i s h  provincial  Columbia  the  more  before  proposal, of  force  British  federal-provincial  the  refusal  of  provincial  undertaken. found  8  five-region  of  a  the  Council province's  proposals.  The  house  with  equal  appointed  by  the  Trends  Third  Constitutional  28  provincial  governments.  throughout Bennett in  the  entire  before  January  the  1981.  British  3 9  constitutional Special  He  said  Joint  the  Columbia's process  was  Committee  province's  essential  on  theme  aim  described  the had  by  Constitution been:  For greater representation in these central institutions. We d o n o t w a n t a l i e n a t i o n c o n t i n u e d or compounded. We d o n o t w a n t s e p a r a t i o n . We w a n t t o b e more i n v o l v e d i n t h e c o u n c i l s of decision-making in Ottawa. a  In the  summary,  period  and  taken after  advocating  Ruff  3  9  "°  by  the  1976  of  positions  which in  were  the  at  set  would  policy  control  a  and  over  period,  of  give would  the for  the  providing after  proposals  federal B i l l  W.R.  1972-1975 Instead  i t  of  the  province  1976  British  for  economic  direct  give  of  interprovincial  emphasis.  i t  most  Bennett,  during  their  aimed  inherited  W.A.C.  decison-making,  which  the  he  with  shifted  advocated  throughout  by  government  its  federal  although  developed  NDP  reform  significant i t ,  that  subtly  consistently  formation  put  these  autonomy  institutional  provinces  clear  positions  positions  maximum  Columbia  the  is  combined  initiatives  and  it  constitutional  Bennett  with  0  input and  into  the  other  government.  As  Bennett:  William R. Bennett, New U p p e r H o u s e Statement made F i r s t M i n i s t e r s C o n f e r e n c e on t h e C o n s t i t u t i o n , Ottawa 8, 1980.  at the Sept.  William R. B e n n e t t , S u b m i s s i o n o f P r e m i e r W i l l i a m R. Bennett on B e h a l f o f B r i t i s h C o l u m b i a t o t h e S p e c i a l J o i n t C o m m i t t e e on t h e C o n s t i t u t i o n of C a n a d a , O t t a w a J a n u a r y 9, 1981.  29  Immediate policy concerns are to be met by an i n s i s t e n c e on t h e p r o v i n c e ' s d e f e n c e of its existent c o n s i t u t i o n a l powers, coupled with long term p o l i t i c a l i n s t i t u t i o n a l reforms to provide for direct p r o v i n c i a l input at the c e n t r e . In t h i s s e n s e B r i t i s h Columbia has begun t o a s s e r t i t s i n t e r e s t s n o t by isolationism but by a more extroverted approach to the federal system. It i s w i l l i n g t o r e s p e c t power a t t h e centre if that power is directly subject to regionalp r o v i n c i a l input and veto power." 1  ft1  Norman J . Ruff, L e a d e r s h i p Autonomy and F e d e r a l - P r o v i n c i a l Relations: B r i t i s h Columbia's Approaches to Federalism in the 1970's, Paper presented to the Annual Meeting of the Canadian P o l i t i c a l S c i e n c e A s s o c i a t i o n , H a l i f a x , May 1 9 8 1 , p p . 2-3.  30  III.  THE  ECONOMICS  OF  INTERGOVERNMENTAL  RELATIONS  IN  BRITISH  COLUMBIA  In  this  development federal  chapter, of  and  a  provincial  the  introduction,  of  any  government's  its  province and  British  factors  economy  and  industries  provided on  the  policy  of  situation  examined  in  s t a t i s t i c s Columbia (GDP).  accounted  for  order  transportation each  and  Table  economy  Between about  regards  ten  account  to  and  has .  I  the  outline terms  of  primary  percent  GDP,  over  economy  an  twenty  the  p o l i t i c a l  new  provincial  To of  of  of  this  the  end  provincial  primary  resource  Statistics the  Finally  export what  trade  impact  the  key  elements  resource importance  of  of  of  the  Domestic industries  matched  Manufacturing  percent  the  content  Gross  the  control and  on  percent  are  province  had  production.  about  structure  j u r i s d i c t i o n a l  1970-1978,  for  the  resources.  relations  communications  is  which  determine  of  development  II.  by  to  economy  in  the  industry.  base to  provincial  in  War  primary  resource  intergovernmental  services  the  with  hypothesized  of  structure  extent  provincial  Product  the  the  of  British  World  of  As  the  development  post-war  delimitation  relationship  demonstrating  structure  The  the  domination  these  in  relations  forest  of  new  examines  after  its  a  factors  the  provincial  is  and  for  the  examined.  especially  exports  constitutional  be  key  outlining  extent  and  the  the  positions  provided the  w i l l  chapter  to  behind  concern  intergovernmental  Columbia  are  over  of  of  tables  relies  one  This  intergovernmental  also  powers  economy.  economic  reasons  provincial  in  of  the  GDP,  by and  while  31  finance  and  provincial  Table  I  (figures  sales  make  up  about  per  cent  of  production.  -  in  B r i t i s h  $000,000 70 1 42 272 34 257  Columbia Cost  in 71  Gross Domestic 1970-1978  constant  74  75  1 24 196 36 320  1 32 252 39 413  1 39 341 39 309  1 97 52 36 504 20 373 85 1 06 1 28 68 1 04 30 68 52 64 23 852 1 254 424 880 1383 2076 697  230 52 40 480 22 409 92 134 150 81 1 29 41 75 51 70 25 876 1 356 450 898 1286 2255 733  10882  1 1439  TOTAL  8657  9170  9823  at  Factor  dollars)  73  210 209 21 1 30 38 40 24 28 32 414 479 475 19 18 1 9 329 317 333 72 80 82 1 04 108 1 1 2 1 27 129 11 5 40 43 53 61 61 85 34 28 27 49 64 64 34 37. 33 47 59 60 26 24 24 595 725 752 970 1042 1116 286 283 339 706 720 790 1 0 2 5 1 128 1 2 8 6 1 658 1766 1899 623 624 ' 649  131 243 34 277  1971  Product  72  Agr i c u l t u r e Forestry Fi sh/Trapping Mining/Oil/Gas Manufactur ing: Food/Bev Fish Clothing Wood Furni ture Paper Printing Metals Metal Fab. Machinery Transport Electr ical Minerals Oil/Coal Chemical Misc. Construction Transportation U t i l i t i e s Retail Finance Services Pub.Admin. GDP  twenty-five  76  77  1 32 283 29 263  149 337 42 276  176 322 41 285  236 40 36 427 20 353 99 1 19 128 69 11 1 39 69 67 74 24 924 1246 426 900 1249 2340 824  205 43 38 596 17 441 98 120 1 20 65 1 17 35 63 49 74 22 873 1359 508 932 1 396 2486 849  208 42 33 620 17 369 96 1 43 1 24 67 11 7 28 63 42 77 25 863 1 495 527 942 1 565 2654 858  1 1 1 60 1 1 9 8 5  1 2454  78 1 70 288 43 273 198 42 33 604 17 400 94 1 34 141 82 141 29 75 40 65 24 837 1569 512 1030 1 661 2820 907 12896  Source: Province of B r i t i s h C o l u m b i a , M i n i s t r y of I n d u s t r y and Small Business Development, C e n t r a l S t a t i s t i c s Bureau, British Columbia Economic Accounts 1 9 6 1 - 1 9 8 0 V i c t o r i a , May 1982.  32  These  s t a t i s t i c s  provincial and  paper  percent volume  manufacturing industries.  of of  the  forestry  seventeen  and  (see  dominated  These  related  two  figure  during Table  by  in  it  British  becomes  percent  this  of  period  in  Gross Domest i c Product Forestry Related Products Per Centage  $000,000  extent  the  industries  alone  added  the  was  total  which  and  account  Columbia  is  to  sawmill  evident  to  and  for  when  the  that  by  50 the  i n i t i a l between  provincial  generated  pulp  the  Gross forest  II)  T a b l e II - Forestry Related Production B r i t i s h Columbia Gross Domestic Product 1 978  (Figures  the  manufacturing  twenty-four  Product  industry.  is  indicate  manufacturing  forestry/logging  Domestic  also  in  current 72  at at  Selling Value Market Value  and 1970-  dollars)  70  71  73  9463  10500  11975  14206  1760  1869  2537  18.6  17.8  21.2  74  75  76  77  78  16685  18357  22223  25517  28202  3356  3621  3197  4361  5320  6181  23.6  21.7  17.4  19.6  20.8  21.9  Source: Province of B r i t i s h Columbia, Ministry of Finance, F i n a n c i a l and Economic Review Victoria, July 1972, September 1976, September 1977, September 1978, September 1979.  These provide  a  types completely  of  aggregate  accurate  s t a t i s t i c s ,  picture  of  the  however,  extent  to  cannot  which  the  33  provincial  economy  especially  the  indication economy  of  instance,  do  reliant  such  Using  forest  forest jobs  dependent  information  major  indirect the  *  2  3  one  forestry  induced  about  per  25  Ronald A. Economy: The our Economic Economy H o l t  F.L.C. Industry: prepared 1975, pp.  indicate on  the  i t  can  cent  the  on  is  conclude  of  the  in  that in  total  such  and the  B.C.  in  as  two  other  for  industry  but  of  the  direct  another  42,000  and  housing  both  direct  related  direct,  1972  nor  resources.  1972  road for  I,  provincial  associated  total  provincial  work,  patterns  while  consumer  in  Many  the  in  the  2  Table  which  that  of  sector.'  primary  such of  provide  areas  expenditure  multiplier  trades  employment  to  its  areas  any  forestry  t o t a l l e d 84,000 in  not  construction  reflected  of  and  resource  the  extent  the  do  extraction  other  estimated  employment  retail  not  they  in  and  upon  export  indirectly  U t i l i z i n g a  and  industries  jobs  primary  are  gathered  forestry  food  the  employment  created  construction.  which  linkages  resource  because  transportation  companies,  industry  were  primary  indirectly' reliant  s t a t i s t i c s is  to  upon  provincial are  upon  industry  extent  inter-sectoral  economy  4  forest  the  are  aspects  such  of  relies  areas  and as  service  indirect  and  250,000  or  was  workforce."  3  Shearer, "The Development of the B r i t i s h Columbia Record and the I s s u e s " in R.Shearer ed, Exploiting P o t e n t i a l : P u b l i c P o l i c y and the B r i t i s h Columbia R i n e h a r t and Winston, Toronto, 1968, pp. 3-20.  Reed and Associates, The B r i t i s h C o l u m b i a Forest I t s D i r e c t a n d I n d i r e c t I m p a c t on t h e Economy , Paper for the B r i t i s h Columbia Forest Service, September 48-57 esp.  34  T a b l e III Columbia  (figures  in  - Forestry Exports at Gross Domestic Product  $000,000  % A l l Exports Forestry Exports  % Forestry Exports U.S. Forestry Exports  %  current  71  70 GDP A l l Exports  in  72  S e l l i n g Value and B r i t i s h at Market Value 1970-1978  dollars) 75  76  77  78  1 6685 18357  22223  2551 7  28202  73  74  9463  1 0500  1 1975  1 4206  2032  21 9 0  2758  3820  41 7 7  3872  5269  6307  7558  21.5  20.8  23.0  26.9  25.0  21.1  23.7  24.7  26.8  2032  21 9 0  2758  3820  41 7 7  3872  5269  6307  7558  1219  1 379  1 707  2291  2509  21 4 6  31 9 0  3799  4620  59.9  62.9  61 . 9  59.9  60.0  55.4  60.5  60.2  61.1  1219  1 379  1 707  2291  2509  21 4 6  31 9 0  3799  4620  673  886  1 1 65  1403  1288  1131  1787  2351  2994  55.2  64.2  68.2  61 . 2  51 . 3  52.7  56.0  61.8  64.8  Sources: P r o v i n c e of B r i t i s h Columbia, F i n a n c i a l and Economic Review, Victoria, September 1975, September 1977, September  As British  the  figures  Columbia  above-mentioned employment the  are  provincial  country  between  presented economy  forest dependent Gross 1970  and  in  in  Table  upon  and  clearly  and  indicate  s p e c i f i c a l l y a l l  related  exports.  Domestic 1978  III  general  industry  Ministry of Finance, J u l y 1970, J u l y 1972, 1978, September 1979.  Twenty  production three  Product  was  forest  products  per  shipped  out  made  the the and  cent  of  of  the  up  as  35  much the  as  sixty  same  period.  dependent per  cent In  which  on of  primarily  resource  unambigously Provincial  specified  in  Sale  Timber  terms  of  and  one  under  BNA  the  Wood  Act  Public  competence  jurisdiction  over  With  reinforced the  provinces ownership  by  exception  the  entering via  of  exports  turn  accounted  has  few  are  for  (section  during heavily  about  sixty  question  about  pointed  base  out,  and  is  and  its  the  resource  forest  92(4))  whereby  belonging  area  forest  areas  which  industry  was  "the  of  the and  within  by  5  the  forest  and  Act.  the  the  sole  This  clear  provinces land  Saskatchewan,  Confederation BNA  Management  Province  governments."  Manitoba,  the  the  enjoyed  ownership  Canadian  to  an  resource  of  over,  resource  the  provincial  109  control  c o n t r o l . ' "  became  of  l i t t l e  natural  over  Lands  very  have  provincial  Alberta,  Section  in  forest  Eddy  the  forest  the  is  Canada  and  provincial of  which  the  thereon",  legislative  is  in  jurisdiction  the  provincial  exports  there  for  Thompson  represents  a l l  exports.  government  As  of  market  responsible  development.  and  U.S.  legal  cent  forestry  forestry  s t r i c t l y of  per  These  the  a l l  level  f a l l s  three  gained  base. a l l this  Additional  ""  A.R. Thompson and H.R. Eddy, " J u r i s d i c t i o n a l Problems in Natural Resource Management in C a n a d a " , W.D. Bennett, A.D. C h a l m e r s , e t a l , E s s a y s on A s p e c t s o f R e s o u r c e s Policy, Science Council of Canada Special Study no. 27, I n f o r m a t i o n Canada, O t t a w a 1973 p p . pp 67-96.  "  Government of Canada, Department of J u s t i c e , A C o n s o l i d a t i o n of the C o n s t i t u t i o n Acts 1867-1982, M i n i s t r y of S u p p l y and Services Ottawa 1983.  5  36  reinforcement whereby  of  the  provincial  provincial jurisdiction  Laforest  McConnell  given  quite  provinces clearly  broad  with  the  defined  This present retain  a  pointed  to  as  provincial  constitution exclusive  (section right  Peter  to  Hogg  reinforce  resource forest  base,  to  "  6  "  7  the  provided  authority  provinces  The  by  in  over new  remains  laws  rights. has  in  As been  providing  affecting  reserves."  92(13)  exclusive  clause  courts,  92(lb)), laws  Section  c i v i l  this  the  the  even  such  in  the  6  retained which  the  concerning  the  provinces  and management of nonand f o r e s t r y resources in in r e l a t i o n to the rate om.  additions  the  and  was  make  in  assigned  control  provincial  including  constitution.  other  noted,  existing  industry  provincial new  has  out,  Indian  development, conservation, renewable natural resources the province, i n c l u d i n g laws of p r i m a r y p r o d u c t i o n therefr  As  are  legislate  lands  found  property  interpretation  a b i l i t y  exclusive  the  over  have  federal  is  legislatures  legislative and  control  made rights  original  Section primary  7  resources  to  section over  92A  the  jurisdiction  92(4)."  provincial subject  in  L i t t l e is  natural over  over  the  federal  the  additional  contained  control  serve  in  the  exports  to  paramouncy  Gerard V. LaForest, N a t u r a l Resources and P u b l i c Property Under the Canadian C o n s t i t u t i o n , University of Toronto Press, Toronto, 1968, pp 164-195 e s p , and W.H. McConnell, Commentary on t h e B r i t i s h N o r t h A m e r i c a A c t , Macmillan, Toronto, 1977 pp. 254-255.  Peter W. Hogg, Canada 1982 p p . 100-104 esp.  Act  1982  Annotated  Carswell,  Toronto,  37  declared  in  powers,  according  to  between  provinces.  As  subject  to  Even forest North  the  provincial dependence commerce  on  export  and  economy.  federal-provincial p o l i t i c a l especially  resource provided  4 8  provincial of the  management, the  the  in  the  resource  provincial  for  use  B.C.  this  need  area.  the  trade  hence  export have  development desire  to  forestry, provincial  for  the  of of  and the the  issue  to  been  the  planning, control  The  embodied  While  provincial  over  economy  for  over  the  and  the  B r i t i s h  performance  economy.  philosophy  multiple  opportunity  as  the  of  the  government's  planning or  over  original  powers  industries  over  control  because  important  interaction  in  remain  union.  the  any  federal  discriminate  clearly  eliminated  influence  Equally  the  of  the  taxation  authority  in  have  resource  involved  economic  legal  i t s e l f ,  factors  direction  acceptance  not  markets  primary  the  not  not  arrangements  interaction  may  base  provincial must  contained  has  significantly  other  new  over  was  new  92A(4),  provincial as  government  can  provincial  future  powers  however,  resource  the  the  federal-provincial  federal  forest  such,  base  Act,  and  section  extensive  resource America  92A(3)  federal  such  extensive the  section  in  provincial integrated  example,  forest  the  policy  has to  On t h e f e d e r a l p o w e r s o v e r t r a d e a n d c o m m e r c e s e e F r e d e r i c k P. V a r c o e , The C o n s t i t u t i o n of C a n a d a , C a r s w e l l , T o r o n t o , 1965 pp. 94-110 and Bora Laskin, C a n a d i a n C o n s t i t u t i o n a l Law: Cases, T e x t s a n d N o t e s on t h e D i s t r i b u t i o n o f L e g i s l a t i v e Power, C a r s w e l l T o r o n t o , 1966 p p . 292-460.  38  clash  with  federal  scale  economic  industries, business  enterprise,  involves  and  Thus,  the  the  structure  while  necessity  to  be  over  of  in  determine  provincial  the  by  conflict  only  the  federal  the  future  visions also  of  true  that  any  is  and  of  of  the  of  the is,  policy,  B.C.  course  which  while  present,  of  provincial  resource of  the it  because i t  of  development  is  the  of  the  clear  that a  i n t e r a c t i o n .  5  interaction  is  province  potential likely  attempts of  the  for  federal-  to  surface  have  development. involving  1  interaction  development  is  on  provides  this  governments  provincial  economy  i t s e l f  nature  future  provincial  large  regulation  and  economy  to  a  0  trade  the  extent  always and  the  federal-provincial  Columbia,  As  9  primary  federal-provincial  That  provincial when  for  other  industries,  provincial  the  5  p o l i c y . "  with  dependence  export  path  economy.  like  general.  degree  British  influenced  in  resource  the  some  environment  associated  the  opportunity  However,  can  of  primary  control  continual  a  economy  or  forestry,  issues  because  export-oriented federal  fisheries  a  different It growth  is of  "  9  R.A. F a s h l e r and A.R. Thompson, "Constitutional Change and the Forest I n d u s t r y " i n S t a n l e y M. Beck and Ivan B e r n i e r eds, C a n a d a a n d t h e New C o n s t i t u t i o n : t h e U n f i n i s h e d A g e n d a Institute f o r R e s e a r c h on P u b l i c P o l i c y , M o n t r e a l 1983, pp. 55-88 and I.CM. Place, "Forestry in Canada", in J o u r n a l of F o r e s t r y Vol 76, n o . 9 , S e p t . 1978 p p . 557-562.  5  0  R.M. Burns, C o n f l i c t and I t s R e s o l u t i o n in the Administration of M i n e r a l R e s o u r c e s in Canada, Centre for Resources Studies, Queen's University, Kingston, 1976 p p . 15-22 esp.  5  1  This argument is d e v e l o p e d f u r t h u r i n Norman J.Ruff,"British Columbia and Canadian F e d e r a l i s m " in J.Terence Morley, Norman Ruff, et a l , The R e i n s of Power: G o v e r n i n g B r i t i s h Columbia Douglas and M c l n t y r e , Vancouver, 1983, pp 271-305.  39  export-reliant the  need  for  This growth  sectors  increased  has  of  the  economy  clearly  been  provincial  the  economy  the  a b i l i t y  of  the  provincial  development  of  the  province.  II  demonstrates, more  and  intergovernmental schemes  began  government.  develop federal  and  federal stand  for  a  institutions.  Although  The  there  over  this  point  for  provincial long-term  Neil A. Background 1979 e s p .  had  this  since  the  of  to  finance  power  from  maximizing  the  the  Swainson, Conflict t o an H i s t o r i c T r e a t y pp. 190-191.  economic  Bennett and  in  began  processes  provincial other  development levels  B r i t i s h f i s c a l  of  Columbia's  benefits and  the  began  distribution  through  the  reform  two  the  1940's, aspects  Peace  of  noticeable  Columbia  River  Columbia  1961 of  the  to of  major  instances  River  was  to of  the  late  the  The  presented  federal-provincial  the  II.  of  concerned ongoing  in  an  federation  regard  federal-provincial  plans sales  In  f i r s t  scheme the  powers  increase  W.A.C.  the  reform  of  in  promote  from  Canadian  major  been  away  growth  War  analysis  own  maximizing  the  to  structures his  a  World  towards  involve  shifted  provincial  out.  1960  increasingly  with  resulted  the  after  as  from  proposals  As  relations  concerns  gained  has  since  government  the  Bennett  traditional province  more  case  involve  interaction.  oriented  on  to  w i l l  federal-provincial  interaction  concentrate  2  the  intergovernmental  Chapter  5  of  Project. interaction  the  turning  project  development project  Over t h e C o l u m b i a : The McGill-Queen's Press,  as  through  ran  into  Canadian Montreal  40  federal Oil  opposition.  dispute  remained in  which  dormant  1960-1961  Council off  B r i t i s h  with  its  the  to  federal-provincial  manner his  to  the  As W.A.C.  after  linkages  to  out did  return  the  of  5 3  province  of  the  Columbia policy  the  of  to  the  existing  c o n f l i c t to  committees B.C.  of  from  government and  of  reform  o f f i c i a l s .  his  after original  in  However, 1976,  the clear.  attempted  to  of  the  economic  especially  use  a  reconsider  federalism.  relations made  in  governments  depart  the  clearly  federal-provincial  Credit  the  led  situations  consistently  waters  eventually  two  him  in  met  These  II,  head  government  referred  reform  through  coastal  was  led  a  Orders  and  and  having  to  dispute  continuing  were  came  This  modest  Social  province has  in  Offshore  after  federal  provincial  significantly the  a  issue  federal-provincial  federal-provincial  1976  trade  the  the  period  several  d r i l l i n g  Chapter  not  this  limited capability  for  for  of  B r i t i s h  1965.  the  in  proposals  between  of  which  resolve  development  federal  in  concerned  This  negotiations  establishment  the  decades.  move  proposals  Bennett  1960's  a  Canada  to  pointed  during  counter-permits.  satisfactory  original  up  promulgation  Bennett  system  through  mid  of  flared  instance  exploratory  issuing  Court  own  second  several  Columbia,  demonstrated  3  for  by  federal  A  2  also  permitting  Supreme  5  5  Since  influence  intergovernmental  The case was d e c i d e d i n f a v o r of the f e d e r a l c l a i m s although several issues remain outstanding. See P e t e r Russell, Leading Constitutional Decisions Carleton U n i v e r s i t y Press, Ottawa 1982 pp. 178-186 and Neil Caplan, "Some Factors Affecting the R e s o l u t i o n of a F e d e r a l - P r o v i n c i a l C o n f l i c t " in Canadian Journal o f P o l i t i c a l S c i e n c e V o l 2, n o . 2 J u n e 1969 p p . 173-186.  41  meetings  of  ministers  and  presentation  of  B.C.'s  Meeting(s)  the  Economy,  the  on  importance  the  proper  trade  tariff  course  of  platform. " 5  and  economic  non-tariff  strategy  Canadian  based  positions the  and  to  W.R.  export  second  Bennett  issues  on  export  a  1978  key  to  its  to  plank for  a  systematic  F i r s t  Ministers  government  development  argued  barriers  the  Bennett  provincial the  In  conception and  in  and  development  federal-  reduction suggested  would  of  established  its  general  trade  outlined  best  in an suit  economy:  The long s h o u l d be f economy. internation productivit our exports  He  trade  l i b e r a l i z a t i o n as  provincial  the  of  o f f i c i a l s .  s p e c i f i c a l l y  term p o l i c y d i r e c t i o n for commercial p o l i c y u l l and o r d e r l y i n t e g r a t i o n i n t o the world Canada's resource industries compete in a l markets and have a t t a i n e d high l e v e l s of y... Much of our m a n u f a c t u r i n g and most of a r e d e p e n d e n t on resources. 5  argued  5  that:  Integration into the world economy with access to larger markets w i l l provide opportunities for product specialization , h i g h e r l e v e l s of c a p a c i t y u t i l i z a t i o n and lower unit costs which are e s s e n t i a l to Canada's sustaining a cost-competitive manufacturing sector. Freer trade w i l l act to ensure more consistent  5  "  W. R. B e n n e t t , T o w a r d s an E c o n o m i c S t r a t e g y f o r C a n a d a : the B r i t i s h Columbia Position Queen's Printer, Victoria, February 1978 p p . 7-18 esp.  5  5  P r o v i n c e of B r i t i s h C o l u m b i a , M i n i s t r y of Economic Development, Canadian I n d u s t r i a l P o l i c y Background Paper prepared for the February 1978 F i r s t M i n i s t e r s C o n f e r e n c e on t h e E c o n o m y p p . 3.  5  6  Ibid  pp.  5  42  productivity  At  the  November  argued  in  purporting  growth  follow-up  favour to  protectionist  in  show  of  trade  that  the  national  a l l  sectors  conference  of  the  British  liberalization, province  but  continues  economy.  5 6  Columbia added to  again  arguments  suffer  from  policies:  Canada's industrial policies have had serious consequences for regional economic development. Regions outside the c e n t r a l manufacturing c o r r i d o r in Quebec and Ontario have not developed a strong i n d u s t r i a l base to serve the Canadian market. In many cases resource based industries have formed the backbone of the r e g i o n a l economies and t h i s has tended to c o n s t i t u t e a two-fold disadvantage. Resource based industries must compete in a r e l a t i v e l y free international market and h a v e r e c e i v e d l i t t l e o r no protection. On t h e o t h e r h a n d , n e e d e d machinery and other f a b r i c a t e d i n p u t s f r e q u e n t l y have h i g h r a t e s of p r o t e c t i o n and a r e t h e r e f o r e more e x p e n s i v e to these firms than would otherwise be the case. In other words i n p u t c o s t s have been i n f l a t e d w h i l e p r i c e s have been h e l d t o c o m p e t i t i v e w o r l d l e v e l s . 5  According problems  to in  Bennett,  B r i t i s h  trade  Columbia  and  7  l i b e r a l i z a t i o n would in  solve  these  Canada:  Canada should seek the greatest degree of market access possible and should be prepared to reduce protection to achieve its access objectives. Canada should r e f r a i n from excepting sectors from T a r i f f cuts and should co-operate with other nations who a r e w i l l i n g to undertake a greater degree of reciprocal  5  7  P r o v i n c e of B r i t i s h C o l u m b i a , Towards an E c o n o m i c S t r a t e g y for C a n a d a : The I n d u s t r i a l D i m e n s i o n - T h e B r i t i s h Columbia Position November 1978 p p . 7.  43  liberalization  These  same  issues  interprovincial barriers the  federal  Tokyo in  to  adopted  of a  c a l l i n g markets  the  a  The  the  on  to  reduce  identical  producers  and  5  province  in  increased  the  issue  of  non-tariff  had  prepared  under  international  consideration  and  had  come  non-tariff to  briefs  that  trade  in  provide  at  out  B r i t i s h  order  lower  to  costs  the  strongly  barriers.  of  for  They  Columbia,  open to  up  new  western  5 9  to  to  achieve  demand  urged  At the  its  increased  the  1978  ends,  secretariats  First  Minister's  committees and  the  Bennett  government  federal-provincial consultation  rationalization  federal-provincial  permanent  Premiers  negotiations  almost  western  the  especially  issues  GATT  freer  barriers.  involved  Western  committment  economy.  Columbia hoc  of  order  continued  also  government  for for  non-tariff  discussions,  position  consumers. In  had  trade.  Round  favor  in  regular  of  the  Conferences,  existing  through meetings.  the  B r i t i s h  system  of  establishment  The  on  province  ad of also  Ibid pp. 10. See a l s o , P r o v i n c e of B r i t i s h C o l u m b i a Towards an Economic S t r a t e g y f o r Canada: The I n d u s t r i a l DimensionCanada's Commercial P o l i c i e s in a Changing World Economy Victoria November 1978, and Province of B r i t i s h Columbia, Towards an Economic S t r a t e g y f o r C a n a d a : The Industrial Dimension- P o l i c i e s for Industrial Adaptation V i c t o r i a November 1 978.  5  9  Western Premiers Conference, The I n d u s t r i a l S e c t o r in M u l t i l a t e r a l Trade Negotiations October 1977, W e s t e r n Premiers Conference, The N o n - T a r i f f B a r r i e r Codes i n the M u l t i l a t e r a l Trade Negotiations A Brief jointly submitted by t h e Western Provinces of B r i t i s h Columbia, Alberta, Saskatchewan and Manitoba, to the Government of Canada, Y o r k t o n , A p r i l 14,1978, and Western Premiers Conference, Western Trade Objectives Position Paper prepared for the Western Premiers Conference, Yorkton, Saskatchewan, April 13-14, 1978.  44  proposed  restructuring  commissions Council  (such  of  as  the  Canada,  Commission,the  federal National  the  Energy  Bank  Supply  of  regulatory Energy  Board,  Canada,  the  Allocation  and  Tariffs  Committee,  the  Anti-Dumping  Export  Development  Committee)  in  order  the  province  implement a  concerns.  brief  trade  6  This  0  condemned  the  suggestions  presented  ministers  the  to  B.C.  the  position failure of  1982  the  to  was  of  Canadian  Transport  the  Canadian  Tribunal,  take  federal  provinces  federal-  Economic  on  1981  From  to  policy.  In  conference  of  stated:  and ral ive be if the  1  the  analysis  of  the  content  intergovernmental  relations  presented  evident  history  the  that  when  government  Canadian trade policy has been inward looking i n e f f e c t i v e s i n c e the c o n c l u s i o n of the multilate trade agreements... federal-provincial consultat procedures on trade policy continue to inadequate... t h e c o n s u l a t i o n must be i n t e n s i f i e d Canada i s to d e v e l o p a p o s i t i v e t r a d e p o l i c y for 1980's. 6  the  account  in  trade  provincial  and  into  reiterated  the  advisory  the  Board,  Trade  provincial  and  the  of  of  in  development  B r i t i s h Chapter of  those  Columbia's II  i t  is  relations  6  0  P r o v i n c e of B r i t i s h C o l u m b i a , M i n i s t r y of Economic Development, Regional Economic Accommodation Background Paper for the First M i n i s t e r s C o n f e r e n c e on t h e E c o n o m y , February 1978.  6  1  Province of British C o l u m b i a , M i n i s t r y of I n d u s t r y and Small Business Development, Canadian Trade P o l i c y in the 1980's: Discussion Paper, Paper presented to the Federal-Provincial C o n f e r e n c e of M i n i s t e r s Responsible for International Trade, Ottawa Sept. 14, 1982.  45  is  one  of  the  repeated  intergovernmental to  grow  and  breakdown  relations  develop.  That  Confederation  status  federal  provincial  and  establish  quo  a  new  balance  World  Wars,  the  courts  based  on  the  provincial issues.  This  was  to  last  schemes  began  distinction  to  to  desired.  Until  1976  in  tied  the  to  River  Project  the  government of  theories  onto  the  proposals  the  courts and  to  Second  modus  vivendi  over  intra-  control  inter-provincial of  government  provincial  development  late  1960's  conclusion  that  only  over  By  i t s e l f  would  provincial the  Off-Shore  question,  issues. to  It  a  affected the  the  period  and  was  enunciate  both  government.  not  the  and  and  rose  until  content  its  1976-1983 i t s e l f  i t  notably  consistent the  the  concerns  after set of  federal-provincial  extended urged  allow  province's  the  major  development  issues,  consistently  federal  a  the  the  system  which  at  province  the  development  began  In  when  however,  the  those  levels.  such  levels  two  both  First  the  the  control  relations  the  over  courts.  to  large  province  interprovincial  the  come  and  to  the  inter-provincial/intra-provincial  1970's,  with  development  confines  the  challenged  control  1950's  federal  several  intergovernmental  Columbia  the  mid  conjunction  that  economic  attain  had  turned  of  continued  century,  provincial  between  by  the  establish  federal  the  in  of  patterns  economy  province  Between  to  between  established  province  f e l l  managed  outgrow  change  the  turn  powers.  late  structural  provincial  after  the  the  government  Columbia  of  relationship until  the  established  governments  and  provincial  remained  is,  at  distinction matters  as  of  the  of its and  British  beyond  plans,  proposals  Since  the  the and  economic  46  imperatives desired seen  of  national  to  be  proposals,  policies,  the  especially  of  reduction  of  of  the  economy.  Since  the  provincial the  level  of  provincial  interest,  since  which end  provincial  executive  suited  for  by  the  was same  Columbia could  province's  not the  the  these  proposals  serve  scale  them  on  p r i o r i t i e s  1976, the  at  federal  urged  the  after  be  operation  without  to  f u l l  can  its  development  consistently  government  would  those  British  p r i o r i t i e s  of  of  l i b e r a l i z a t i o n  in  impossible has  basis  proposals  trade  "interference"  required of  for  According  6 2  the  economic  implementation  powers  was  its  proposals  provincial  government  necessary  well  the  what  of  clearly  government.  assertion  became  the  formed  constitutional  government  by  federal  its  is  established  the  its  government  Bennett  federal  government  corollaries  the  the  2  provincial  and  support,  6  the  a  simple  provincial adoption  by  provincial  p r i o r i t i e s .  It  to  some  by  become  develop national  proposals  on  method  p r i o r i t i e s ,  Senate  reform  an and  federalism.  On t h i s s e e e s p e c i a l l y , E v a n M. Wolfe, The P u b l i c S e c t o r in C a n a d a ' s Long Term Economic Growth Statement made to the Federal-Provincial Meeting of Ministers of Finance and Provincial Treasurers, Ottawa January 26-27 1978, and W.R. Bennett, N o t e s f o r R e m a r k s on t h e P u b l i c S e c t o r FederalProvincial C o n f e r e n c e o f F i r s t M i n i s t e r s on t h e E c o n o m y , Ottawa February 13-15, 1978.  47  IV.  THE  ADMINISTRATION  OF  INTERGOVERNMENTAL  BRITISH  From evident  the  analysis  that  the  relations  British  by  Columbia  provincial develop  economy  the  increasing  the  that  development relations this after  the  was  the  met  As  the  of  order  of  set  ad  in  must  relations  public  examine  the  the in  is  until to  capable  been the  does  not  of  the  evident  that  1976.  Only  enunciate  levels  based  and  a at on  Senate  the  actual  timing  of  enunciating  of the  on  the  overall  administration  of  the  state.  British  internal  for  reliant  gap  is  need  positions  l i b e r a l i z a t i o n  positions  explain  it  interprovincial  structures  to  intergovernmental  begin  introduction,  the  export  analysis  intergovernmental  trade  the  fashion  of  introduction,  the  III  government  and  of  and  case  has  relations  From  of  of  the  relations the  is  governments  1950's  Columbia's II  i t  increased  late  in  the  structure  such  met.  hoc  of  internal  to  intergovernmental one  an  themes  argued  the  be  provincial  consistent  was  for  Chapters  only  out  III sort  in  provincial  the  British  intergovernmental  development  1976  of  in  in  development  in  need shall  some  through  pointed  federal-provincial  province's  Hence,  need  content  interlinked  reform.  as  and  aggravated  of  least  II  for  intergovernmental  simple a  did  and  the two  such and  1976  coherent  a  presented  need  both  of  been  desire  at  However,  establishment  need  economy  from  Chapters  export-oriented  the  province's  established.  ensure  and  Thus  has  the  provincial  promotion.  in  federal  intergovernmental  IN  COLUMBIA  presented  basic  RELATIONS  in  the  Columbia  organization  development between of  the  1960 state  of and as  48  it  relates As  to  Woolstencroft  provincial agency  structure  6  until  the  Columbia  authority  allows  was  late was  Premier  made  retained  were  kept,  there  Board  consisted  Woolstencroft,  a l l  them 6  to  1960's  the  conducted  almost was  no  essentially  Op.Cit.  pp.  Canadian  administrative  intergovernmental  considerably  a  position  c l a s s i f i e d  business without  in  size,  within  as  the  "central"  or  a l l  authority.  cabinet the  of  the  government  of  the  benefit  delegation  committees,  of  a l l  of  for  occupy  L i t t l e  cabinet  form  vary  be  1982  4  agencies. to  some  agencies  agencies.  support  by  responsibility  these  support"  executive  created  responsibility,  which  "executive  British  While  3  a f f a i r s .  established, had  specific  and  government  Up  has  governments  with  r e l a t i o n s .  the  intergovernmental  and  in  No  secretary,  Premier  of  of  executive  cabinet cabinet and  himself.  the 6  5  any  To  itself, minutes Treasury a  great  75-81.  6  3  6  4  On c e n t r a l a g e n c i e s see P e t e r S e l f , A d m i n i s t r a t i v e T h e o r i e s and P o l i t i c s : An I n q u i r y i n t o the S t r u c t u r e s and P r o c e s s e s of Modern Government U n i v e r s i t y of T o r o n t o P r e s s , Toronto, 1973 p p . 121— 148, Herbert A. Simon, D o n a l d W. Smithberg, and V i c t o r A. Thompson, eds., Public Administration Alfred A. Knopf, N.Y., 1959, pp 280-295, G.Bruce Doern, "Horizontal and Vertical Portfolios in Government", in G.Bruce Doern and V.Seymour Wilson, eds., Issues in Canadian Public P o l i c y Macmillan, Toronto, .1974, pp. 310-336, and Martin Painter, "Central Agencies and the C o - o r d i n a t i o n P r i n c i p l e " in A u s t r a l i a n Journal of P u b l i c A d m i n i s t r a t i o n V o l 40, no. 4, D e c . 1981, pp. 265280.  6  5  Carol Gamey, Comparative Cabinet Committee Systems: Canadian Developments B.C. Project Working Paper, V i c t o r i a , 1980 .  49  extent  the  executive  operated  much  government pre-1940, with the Premier  l i k e that of the f e d e r a l o b t a i n i n g whatever  he needed from a s e l e c t group of s e n i o r a d m i n i s t r a t o r s . T h i s s i t u a t i o n changed s l i g h t l y committees  of  committees had authority.  cabinet no  In  6 7  were  support 1971,  i n 1969 when  established.  staff  and  little  advice 6 6  s i x standing However  these  decision-making  t h i s system again changed s l i g h t l y when  the Environment and Land Use Committee  (ELUC)  of  Cabinet  was  e s t a b l i s h e d to d e a l with a broad range of i s s u e s then f a c i n g the government.  68  I t was a l s o i n 1971 that an adminstrator was f i r s t  allowed to a t t e n d c a b i n e t meetings to take dec i s i o n s .  any  6 6  6 7  and  these  changes, however, the r e c o r d of the B r i t i s h  government up u n t i l  administrative  1972 was of a f a i l u r e to  agencies  to  a i d the  establish  executive  i n the  For a comparison with the f e d e r a l government see A.D.P. Heeney, "Mackenzie King and the Cabinet S e c r e t a r i a t " i n Canadian P u b l i c A d m i n i s t r a t i o n V o l 10, no. 3, 1967, pp. 366-375, Gordon Robertson, "The Changing Role of the P r i v y Council Office" in Canadian P u b l i c A d m i n i s t r a t i o n V o l 14, no. 4, 1971, pp 487-508, and Richard D.French, "The P r i v y C o u n c i l O f f i c e : Support f o r Cabinet Decision-Making" i n R i c h a r d S c h u l t z et a l , eds., The Canadian P o l i t i c a l Process Holt Rinehart and Winston, Toronto, 1979, pp. 363-394. Gamey Op.Cit.  pp.  17-18.  on ELUC see R.Jeremy Wilson, Environmentalism and B.C. Resource P o l i c y 1972-1983 Paper presented to the B.C. Symposium , UBC, June 1983. 6 9  record  6 9  Despite Columbia  minutes  Gamey, Op.Cit.  Natural Project  50  decision-making  process.  authority  relied  provide  and  advice  Although reticent move and  to  advice the  in  the  in  New  its  which  of  infusions  creation  of  recruited  of  these  the  structure agencies  avoided. series  of  creating  early of  were  areas.  steps  from moves  the  provincial  created by  which  rudimentary  by  and  The to  in  central  delegate  proved  number  perform  of  moved  an  the  line senior  equally it  7  and to  function  departments  provincial  c i v i l  NDP  government  actually  administration,  alter  to  this  was  the  administrators  the  major  policy  reinforce  Central  0  did  commissions  advisory  funding.  to  arose.  agencies,  also  any  o f f i c i a l s  information  NDP  and  1973-1974 did  need  government  large  many  outside  the  with  personnel  of  a  to  department  executive  create  capability  the  However,  to  departments of  line  Party  cabinet  replacement  None  of  to  issue  advisory  government's o f f i c i a l s  term  refused  whenever  authority  line  through  senior  Democratic  provided  specific  capacity  on  executive  information  delegate  early boards  and  The  as  administrative the  government  the  existing  by  service.  no  1  altered  new  reform had  7  types was  taken  structure  a by  agencies.  7  0  See Paul Tennant, "The NDP Government U n a i d e d P o l i t i c i a n s i n an U n a i d e d Cabinet" P o l i c y v o l 3 h o 4 1977 p p . 489-503.  of B r i t i s h Columbia: in Canadian Public  7  1  Cynthia Brand, The R e c r u i t m e n t of Deputy and A s s o c i a t e Deputy M i n i s t e r s b y t h e New D e m o c r a t i c P a r t y i n B r i t i s h C o l u m b i a MA Thesis, Queen's University, 1975. The l o n g term impact of these moves i s d i s c u s s e d i n Norman J . Ruff, Administrative Styles in the B r i t i s h Columbia P u b l i c Service Paper presented to the B.C. P r o j e c t s S e m i n a r , UBC, J u n e 1983.  51  In and  1973  Land  Use  background This  research  advisory  expanded the  Planning  the  Office  1974  Advisor  7  system  the  implemented  when  in  for  1972,  it  of  policy  the does  the  time  the at  a  7  and  appear  development government  questions.  the  o f f i c i a l s  to  and a  co-ordinative  in  late  in was  a l l  co-  cabinet authority  ready  to  be  1975. " 7  NDP  mind  but  was of  evaluation  was  its  Office  developed  the  with  capacity  recruited  plan  that  providing  agency  established  government  f e l l  of  This  2  analysis,  This  Environmental  policy  separate  time.  (PAC)  government  the  with  the  capable  pertinent  delegating  i t s e l f .  not  provide  government  Cabinet  aimed  of  f i r s t  to  administrative by  the  1975  cabinet  Although plan  In  3  the  to  secretariat  i t s e l f  for  when  a  moved  analyses  cabinet  capable  ordination.  within  the  with  and  capacity  in  committee  government  Committee  provided  own  the  had  when  defeated  i t in  an took late  overall office 1975  i t  7  2  Wilson, Op.Cit. On t h e a d v i s o r y c a p a c i t y o f c e n t r a l agencies see P e t e r A u c o i n and R i c h a r d F r e n c h , Knowledge, Power and P u b l i c Pol icy Science Council of Canada Background Study no. 31, Information Canada, Ottawa, Nov. 1974 and Peter Aucoin and Richard French, "The Ministry of State for Science and Technology" in C a n a d i a n P u b l i c A d m i n i s t r a t i o n V o l 17, n o . 3 , 1974 , pp. 462-481  7  3  On PAC see Brand, Op.Cit. pp. 65-69 and Nick S i d o r , The S t r u c t u r e of P o l i c y P l a n n i n g and F i n a n c i a l Management in British Columbia 1972-1977, Honors Essay, Dept. of P o l i t i c a l Science, University of V i c t o r i a , 1977, pp. 37-40. For a Canadian comparison see Marc L a l o n d e , "The Changing Role of the Prime M i n i s t e r s O f f i c e " i n C a n a d i a n P u b l i c A d m i n i s t r a t i o n V o l 14, no.4 1971, pp. 509-537.  7  4  Interview  V i c t o r i a ,  November  1983.  52  had  succeeded  in  establishing  the  basic  executive  support  agencies.  foundations  for  administrative  W.R.  Bennett In  1976  cabinet  later  government the  new  committee two  system  created  a  policy  committees,  Priorities policy  Planning  duties  between  Committee.  retained  and  ordinating  a  a  Northeast  Membership Treasury  in  new the  Board  7  5  Interview  7  6  Gamey,  7  7  Op.Cit.  and  P r i o r i t i e s  V i c t o r i a  pp.  a  Land  Committee  was  year.  to  was  identical  November  by  the  also the  the  period  new  Planning (composed  7  a  in  ad  a  the  Social  the  was co-  1981/1982  the  issues 7  and  and  onto  status  hoc  of  special  such  as  the  Significantly,  system  Committee of  system  Committee  given  the  between  and  added  with  new  Board  Later,  6  adopt  duties  Use  Constitution.  blended and  7  deal  the  of the  committees  Treasury  and  the  out  to  Development  Throughout  government  was  and  Economic  in  laid  This  co-ordination  established Project  NDP.  the  Committee  committee.  Coal the  later  the  moved  co-ordinating  Legislation  were  by  Environment  Development  co-ordinating  committees  an  system  7 5  of  Committee  The  committees  Employment  however,  dividing  a  carried  government  developed  of  developments  reforms  1976.  Credit  system  and  Services  an  tiered  These  after  Social  elements  the  with  the  old.  and  on  the  Premier,  the  1983.  21.  The most up t o d a t e l i s t of c a b i n e t c o m m i t t e e s i s c o n t a i n e d in Province of British Columbia, Ministry of Intergovernmental Relations, Second Annual Report A p r i l 1, 1 9 8 1 - M a r c h 3 1 , 1982, Queen's P r i n t e r , V i c t o r i a , 1983.  53  Minister  of  Finance,  committees), Planning system the  continued  control Again,  resulting  Committee  Premier  and  over much  senior  Changes development the  remained  its  9  8  0  of  Staff.  8  changed Like  0  these  of  appear  pp.  Victoria,  in  to  have  to  the  committees  October  1983.  new  as  cabinet been  old  and  deal  of  allocation. was  done  7 9  concerning to  by  committees  committees.  staff  of  the  the  shadow  Credit  the  Cabinet  and  in  PAC  the  takeover,  its  appointees  and  Intergovernmental committee  somewhat  system,  cosmetic.  cabinet  secretariat,  cabinet,  cabinet  committees,  as  in  concentrated  1983.  this,  a  and,  21-23.  November  the  as  and  work  two  policy  P r i o r i t i e s  resource  Office the  two  great  government  largely  actually  Vancouver  the  changes  services  minister  Op.Cit.  that  a  Advisor  Social new  of  period  Planning  by  the  policy  Although  functioned  c l e r i c a l  o f f i c i a l s  Interview  the  changes  Office  deputy  to  and  this  the  the  manner  retained  cabinet  the  replaced  was  same  staffed  during  were  new  Gamey,  Office  two  o f f i c i a l s  Interview  7  the  where  co-ordinative who  after  name  top  and  of  Because  8  policy-making  occurred  the  7  the  Finance  same  providing  few  in  the  however,  and  of  advisory  Board  much  Relations.  The  operate  o f f i c i a l s  also  Treasury  senior  to  parallel  of  situation  infrequently.  government to  a  chairmen  met  Minister  the  the  in  government  of  established  and  the on  past,  only  a  very  intergovernmental  54  relations  .  From basis  of  8  1976-1979 executive  retained  the  government number  1  the  cabinet  committees  ensured  the  In  created  Relations  and  the  of  General's change  2  Office.  only  announcing  its  observers  i t  Interview  of  the  Premier  with  more  of  of  than  basic  Cabinet  the  by  provincial  to  separate  Ministry  of  to  i t  have  a  clear  of  Victoria,  the  from  mandate,  in  Executive  1979. by  the  Council  but  a  small  provide  support  8  as other  Bennett  and  staff  further  2  when  the  involved  several  located  least  in  The  a  new  its  Attorney  Premier's budget  this  Ministry terms  press  According  of  release to  concern in  in  staff  1979-1981  for in  NDP  Intergovernmental  cosmetic.  supplied  inspired  to  and  having  November  November  at  the  actions  change  the  formerly  largely  details  of  Relations  however,  been  largely  most  issues  and  administration.  appeared  on  centralized  Premier  structure a  the  such  c l e r i c a l  the  by  Cabinet  refusing  creation  size  and  and  Secretariat  built  very  ELUC  those  was  a  taking  Again,  to  without  the  tradition  constitutional  reference  reducing  established  transferred  appears  operated  structures  Intergovernmental  with  government  In  this  government  Credit  administrators.  control  1979  Office  by  dominance  centralized  1  provincial  trusted  dismantling  Social  support  dominated  of  dealing  the  order  many with to  1983.  Walter D.Young and J.Terence M o r l e y , i n M o r l e y , R u f f e t a l , Op. Cit. pp. Ruff, "Managing the Public Service" in  "The P r e m i e r and Cabinet" 45-82 and Norman J . Ibid pp. 161-198.  55  blunt  opposition An  c r i t i c i s m .  examination  Intergovernmental great the  deal  new  release 1979  the and  those  issued  (see  listed.  about  when  complete These  mandates  between  the  degree  i n i t i a l the  in  the  Ministry  of  1983  reveals  a  expectations  to  which  was  Appendix  to  and  expectations.  Ministry  text  given  1979  administrative  In  i t the  five  5. To advise responsibilities  1980.  3  4  When  the  main  develop  B.C.'s  Interviews,  in press  November  functions  functioning  of  policy  the  enabling  Victoria  and  without  any  act  finally  was  Vancouver,  legal  were  Committee  allocation M i n i s t r i e s .  passed  and  proposals  co-ordination  mandate  October  on  Cabinet  the Premier on the to Cabinet Committees and  operated  its  succeeded  in  4. To ensure adequate consultation and regarding submissions to Executive Council.  Ministry  for  and develop p o l i c i e s , strategies and B r i t i s h Columbia's relations with  To c o - o r d i n a t e and reform federalism.  3. To f a c i l i t a t e system.  The  out  original  established  D),  held  were  1. To co-ordinate a c t i v i t i e s regarding other governments. 2. to  3  the  Relations  Ministry  f u l f i l l i n g  of  8  until it  of 8  4  August  contained  November  1983.  Province of B r i t i s h Columbia , Premiers Office, Reorganization Highlights: A S u m m a r y o f New C a b i n e t R e s p o n s i b i l i t i e s and Changes in O r g a n i z a t i o n of Government M i n i s t r i e s Victoria, November 23, 1979, pp. 14-16.  56  only  two  purposes:  1. To co-ordinate the a c t i v i t i e s of, to make recommendations t o , and t o develop programs and policies for the Executive Council in relation to federalprovincial, i n t e r p r o v i n c i a l , and e x t r a - p r o v i n c i a l a f f a i r s , and 2. To a c t a s s e c r e t a r i a t t o t h e E x e c u t i v e C o u n c i l a n d committees and t o c o - o r d i n a t e p o l i c y d e v e l o p m e n t among m i n i s t r i e s . 8  By  1981  to  the  the point  5  Ministry's where  self-described  references  ministries  were  expected  f u l f i l l  to  its the  very four  much  to  functions  actually  reduced.  main  had  been  controlling The  Ministry  reduced  other  line  was  now  functions:  1. To co-ordinate and develop policies, strategies and a c t i v i t i e s concerning British Columbia's relations with other governments both within Canada at the f e d e r a l and p r o v i n c i a l l e v e l and o u t s i d e Canada. 2. to  To c o - o r d i n a t e a n d reform federalism.  develop  B.C.'s  policy  on  proposals  3. To f a c i l i t a t e t h e f u n c t i o n i n g of t h e C a b i n e t committee s y s t e m by p r o v i d i n g s e c r e t a r i a t s e r v i c e s to a l l standing and ad hoc c o m m i t t e e s of c a b i n e t o t h e r than T r e a s u r y Board. 4. To ensure adequate c o n s u l t a t i o n and c o - o r d i n a t i o n has taken place regarding a l l submissions to the Executive Council and advising the Premier on the a l l o c a t i o n of  5  Revised Statutes of Intergovernmental Relations Victoria, 1981.  B r i t i s h Act SBC  6  P r o v i n c e of B r i t i s h C o l u m b i a , Program D i r e c t o r y : M i n i s t r y of 13, V i c t o r i a , A p r i l 1981.  Columbia, Ministry of C h a p t 32 , Q u e e n ' s P r i n t e r ,  Government Information Services, Intergovernmental Relations , Vol  57  responsibilities  From  a  Ministry never  followed  number  tasks  out.  office. about  to  In  half  budget  the  f e l l  other  f i r s t  this  the  B.C.  Minister's issues costs  was which  Province Accounts 1980.  Ibid  to  to  to  its  had  a  the  the  Ministry  total  Council  set The  up  in  Ottawa,  increased in per  for  the cent  B.C. and  from  as  of  increase  an  The  $299,194 8 7  The  $2,414,320.  in  $170,000  this  1978-1979  $225,564.  House  and  $290,145,  t o t a l l e d  London spent  on  and the  constitutional  in  1979-1980  of B r i t i s h Columbia , Ministry of Queen's P r i n t e r , V i c t o r i a , 1976-1977,  1980-1981.  in  totalled  importance  large  a  great  Council.  and  budget  1980-1981  $1,127,135  a  bears  of  Executive  administration  for  the  create  status  budget  $261,819  Office  to  financial  i n i t i a l  to  the  6  government  with  in  in  1977-1978  deal  8  agencies.  the  budget  100  intention  of  reflected rose  Office  ascribed the  government  from  m i n i s t r i e s .  that  expenditures  included  Office.  clear  autonomy  available  1979-1980  House  is  fluctuations  slowly  the  slightly  However, new  grew  total  In  i t  and  functions  original  other  the  Executive  Ministry's  its  made  1977  $243,591.  and  of  Ministry  changing  considerable  resources  The  on  involving  analysis  personnel  the  committees  inception,  through  delegated  Cabinet  of  its  Ministry  An  7  comparison  since  of  to  administration and  totalled  Finance, Public 1977-1978, 1979-  58  $1 , 1 1 7 , 0 7 6 . staff  and  However,  most  staff  budget  of  from  the  1983-1984  level  at  $2 , 4 2 3 , 0 8 7 .  the  1979  secretarial  kind  of  effective were  impact  on  o f f i c i a l s of  the  had 1983  left to  stemmed  from  the  forty  worked  on  by In  fewer  1982-1983  cent a  to  was  increase  never  returned  its  $2,913,693.  proposed  which  three  to  carried  the  1979  personnel  in  intergovernmental  relations  .  to  the  to  Ministry  by for  by  1983. the  Ibid 1981-1982 and P r o v i n c e Finance, Estimates 1982-1983 ,  only  allow in  after  1979  almost  Premier.  The f i r s t  9  0  remaining time  of B r i t i s h 1983-1984.  to  who  process,  responsibility worked  the  began it  the  the Most  c l e r i c a l to  or  receive  perform  1981-1983.  negotiation  they  them  to  role  Ministry  day-to-day  Instead  performed  Ministry  necessary  the  a  Ministry  fact,  funding  l i t t l e  institute  In  forty  dozen  the  than  intergovernmental  assigned  six  expenditures  constitutional  had  the  to  1983,  appointed  Ministry.  projects  increase  and  and  $2,488,616. per  three  employed  9  duties.  personnel  staff  8  Ministry  twenty  employed  the  of  projected  actually  staff  the  rose  forty  By  of  0  a  out.  Ministry  9  1981-1982  expenditures  Between  9  In  8  had  estimated  in  8  had  Senior a  major  but  for  these  the  running  exclusively  Most  of  staff  these  Columbia  on  staff  managed  monitoring  any  in  function  , Ministry  of  Interviews Vancouver, October and November 1983. For a discription of the role Ministry personnel played in the constitutional process see Robert Sheppard and M i c h a e l Valpy, The N a t i o n a l D e a l : The F i g h t f o r t h e C o n s t i t u t i o n Fleet Books, Toronto, 1982, pp. 245-262 esp.  59  originally  assigned  Thus  an  to  examination  provincial  government  between  the  development  1976  and  the  of  personnel  or  Ministry  of  the  reveals of  ordinate  the  implementation main  impact  provincial  intergovernmental adopted  by  It  the  is  also  performed  Relations  was  minor  the  role  to  overall  play  in  and  to  Development,  Columbia's  interaction  V i c t o r i a ,  was  to  act  by  set  an  some  previous  of  II.  never  and  as  bring  recognize  Ministry Senate  that  The  given  the  would  develop  have  and  co-  policy. advisory  The agency  consistency  to  governments  and  which the  November  of  proposal Division  federal  1983.  the  advisory  Intergovernmental an  reform  i t s e l f  even  of  played  development That  with  after  which  mandate  Ministry  Planning  Economic  Interview  the  agencies  Chapter  intergovernmental  proposal.  Analysis  was and  the The  timing  government.  province's  its  liberalization Economic  by  limited.  rationalizing a  Bennett  in  the  the  intergovernmental  developed  important  function  developing  of  in  of  coherent  however,  original  executive  W.R.  the  Relations  clearly  policies  organization  central  outlined  its  to  9 1  correlation  of  resources,  it  the  close  financial  allowed  for  a  Intergovernmental  Ministry's  1979.  rudimentary  positions  f u l f i l l  in  internal  development  intergovernmental Ministry  the  important proposals  policy, the was of  but  role  in  and  in  had  provincial developed the  trade in  the  Ministry  of  co-ordinated government  only  British  concerning  60  DREE  programs.  Ministry  of  Ministry  Industry  of  increasing  of  This  d i v i s i o n .  control  The  Ministry  by  to  the  the  Relations the 9  Ministry The  2  at  the  same  of  Finance Board  negotiation  of  Arrangements  and  Established  Programs  take  on  (on  the  Economic  extensive  Treasury has  the  grown  terms Board  policy of  Staff  quickly  in  Appendix  terms  of  to  the  from  the  suffered to  of  time  the  the that  internal the  of  i t  to  worked  its  Treasury  Staff  had  always  Planning and  the E ) .  9  3  Act  and  Division  development Treasury The  Board retained  administrative  Fiscal with  the  began  to  functions  Board  Treasury  early  Ministry  and  Financing  and  of  Development  Federal-Provincial  evaluation  reference see  the  Analysis  the  throughout  disadvantage  the  of  from  also  economy  Treasury  transferred  executive  over  tranfer  later  Business  provincial  worked  of  was  Small  paid  the  has  advantage  Staff  and  attention  Intergovernmental the  Division  Finance.  development 1980's.  This  and  Board  resources,  the  Staff jumping  9  2  On the F e d e r a l T r e a s u r y Board S e c r e t a r i a t as a c e n t r a l agency see A.W.Johnson, "The Treasury Board and the Machinery of Government in the 1970's" in Canadian J o u r n a l of P o l i t i c a l S c i e n c e V o l 4, no.3 , 1971, pp. 346-366 and W.L.White and J . C . Strick, P o l i c y , P o l i t i c s and the Treasury Board in Canadian Government Science Research A s s o c i a t e s , Don M i l l s , 1970.  9  3  P r o v i n c e of B r i t i s h Columbia, Ministry of Finance, Annual R e p o r t December 31, 1980, Queen's Printer, Victoria, 1982; P r o v i n c e of B r i t i s h Columbia, Government Information Services, Program D i r e c t o r y : M i n i s t r y of F i n a n c e Vol 7 , Victoria, April 1981, and I n t e r v i e w s V i c t o r i a , O c t o b e r and November 1983.  9 t t  Province 1980.  of  B r i t i s h  Columbia,  "Public  Accounts"  Op.Cit.  1979-  61  from  expenditures  expenditure Treasury  originally  Staff  in  i t  led  W.A.C.  British  by  assumed to  in  much  the  of  It  apparent  an  unaided  resulted with  only  Premier in  to  and  the  slow  the  Barrett  government,  adequately  address  its  The  Ministry this  government  Ministry's  effect  Premier  tendency,  development  and  Province  and  coupled  provincial Board  initiated permitted  tendency  of  Cabinet with  economy, Treasury  of  the  the  B r i t i s h  the  of  towards  the role  its  development  of  over  concern  for  to  the  and  to  the the  to  this  "Estimates"  tradition, reform B.C.  which  to  was  the  develop.  to  W.R.  a b i l i t y by  of  state the  disadvantage  Op.Cit,  to the  re-institute  bureaucracy. internal  an  However,  undermined  advantage the  relations  Relations  government  control  ,  in  corresponding were  provincial  Columbia  observed  intergovernmental  reform  continue  change  Staff  established  allowed  increasing  to  strong  internal  which  internal  and  worked  Board  lag  Intergovernmental  intergovernmental  increasing strong  NDP  of  of  Cabinet  dismantling  by  the  fact,  intergovernmental  undertaken  Bennett  In  Intergovernmental  time  steps  of  9 5  estimated  tradition and  the  halting  outgrowth  an  co-ordinating  of  the  regards  relations  was  that  the  needs.  to  u  the  Ministry  in  to  9  1983-1984.  manifested  begin  5  has  Bennett  intergovernmental  9  $3,279,666  is  Columbia  machinery.  1981 - 1 9 8 2  1979.  summary,  government  in  of  assigned  Relations  under  $1,187,519  budget  Board  In  of  This of  the  Treasury of  the  1983-1984.  62  Ministry  of  Intergovernmental  Relations.  63  V.  CONCLUSION:  CENTRAL  INTERGOVERNMENTAL  From economy in  an  and  B r i t i s h  terms  analysis  public  the  a  number  h i s t o r i c a l  of  of  quasi-Imperial  exercize  of  institutionalized  the  powers  in  the  extended  from  increased  provincial  powers to  between courts  levels between  time  through  British  part  Supra  to of  pp.  for  of  the  of  the the  and  lasted  use  of  two  1939  rest  the  Canadian  overall  Canada.  from  Ottawa  and  the  is,  based  on  disallowance  and  At  governments  turned  on  the  the  benefits  Federation.  By  to  the  federal courts  jurisdictions  World  War.  were  the  time,  by  the  between  inter-provincial  use  the  that  established  conferences to  Governor  the  of  or  Second  content  9 6  distinction  negotiations  f i s c a l  That  century.  pattern  of  general  Lieutenant  distribution  In  trend  the  of  the  The  drawn.  followed  rule  intergovernmental  increase  be  rendered  based  after  remained  3-5.  the  intra-provincial until  can  resistance  proper  Columbia  the  relations  of  government.  1916  intergovernmental  has  of  COLUMBIA  p o l i t i c a l  reservation  turn  OF  development,  the  Office  federal-provincial  the  attempt a  and  of  B.C.  government  affecting  jurisdictions  and  to  questions  matters  this  1871  ineffective  settle  in  DEVELOPMENT  BRITISH  development,  Veilleux  period  THE  conclusions  by  i n i t i a l  IN  of  pattern  outlined  AND  h i s t o r i c a l  relations  the  6  of  intergovernmental  an  9  RELATIONS  administration  Columbia,  of  AGENCIES  carried  and  these province  late  During out  committees, forums  to  enjoyed  as  1950's,  however,  64  the  province  became  quo.  Under  the  first  suggested  increasingly  leadership slight  provincial  structures  demand  and  more  more  around  proposals:  the  removal  of  after  radical  By  main  late  barriers  the  to  pursued  provincial  and  interprovincial  While  the  basic  the  Columbia  federal this  provincial primary the  need  was  economy.  resource  seeds  provincial  federal  control  late  1950's  and  the  proper  distribution  War  broke  However, for the  a  expanded early  apparatus  the  country,  in  by  and  time,  the  the  federal-  of  over  export  the  case  contained given  base  and  British of  the  and  policy.  before  it  extensive  development  established  the  within  i t s e l f  trade  resource  stems  export-oriented  federal-provincial  powers  of  structure an  c o n f l i c t  resource  relations  the  the  economy  provincial  province  1970's  of  did  control  to  not  powers  because  necessary  centralized  the  1960's,  Senate  the  In  the  in  the  accord  over  the  Second  down.  redistribution late  f i r s t both  federal  crystalized  Canadian  intergovernmental  the  of  had  to  levels.  provincial  of  at  at  federal-  central  the  development  over  province  increasingly  of  the  demands  aggravated  face  World  greatly  of  of  status  existing  demands  For  federal-provincial  control  exclusive  for  The  based  for  two  nature  need  reform  the  the  began  these  trade.  these  to  1960  1970's  with  Bennett,  modification  province  from  W.A.C.  modifications  institutions. two  of  but  the  dissatisfied  i t  allow by  in  the  pursue any  did  i t  do  structural  consistent not  to  Premier  its  have so.  and  the The  Cabinet  manner  demands until  administrative tradition  of  established  by  65  W.A.C.  Bennett  overall  prevented  provincial  established.  Social  of  principle  of  NDP  such  Credit  government  agencies  government  strong put  many  the  the  Ministry  of  of  provided  the  necessary  for  the  mandate.  The  Ministry,  capacity  to  services.  In  consistent policies  this  and  the  the  provincial  in  favor  patriation  has w i l l  the  Constitution  that  is  of  trend  the the  Board  Relations.  strong  limited  expense It  a  towards  ensured be  negligible.  has  Premier  at  But  and  the  any  the  1980's same  key  Cabinet of  such  an  of  a  province has  worked  time  that  the  Ministry  factor  in  re-establishment  available one  secretarial  the  against  here  re-establishment  that  the  advisory  emergence  to  early  worked  towards  resources  and  Staff  never  intergovernmental  internal the  in  co-ordinating  its  the  not  of  of  to  was  issues  but  resources  additional  provincial  during  Bennett  practice  with  a the  Relations  of  Treasury  province  W.R.  into  provide along  of  re-established  set  economic  the  did  the  return  original  contribution  the  remains  tendency  its  government  Intergovernmental  the  The  its  being  towards  administrative  f u l f i l l  of  process  the  of  or  executive  1970's  1975  i n i t i a t i v e s  however,  regard  but  Intergovernmental  to  coherent  emergence  and  of  Ministry  1972  developing  from  moving  government.  support  of  strategies  late  NDP  of  provincial  during  The  the  p o l i t i c a l  the  in  capable  began  after  central  government case  agencies  intergovernmental  The  establishment  central  in  government. unaided  to  can  this the The  government  central  agency  the  only  agencies grow  at  another. unlikely,  however,  that  the  Ministry  of  66  Intergovernmental at  the  expense  agency.  The  potential  the  1982  the  occupied III  with  the  indicates,  such  of  economy.  While  have  would  the the  again  relative  the  of  the  importance  state  assigned  of  the  intergovernmental  issues,  the  Intergovernmental  Ministry  of  positive  contribution  provincial  government.  always  concentrated  covering  such  and  on  rights  issues  specific issues  provincial  line  Up on  as  however,  to to  the  the  Senate  be  the  in  the  in  Chapter  present,  and  a  recovery  the  and  the  executive  to  area  as  which  elude  the  jurisdictions  make  Ministry  has  "macro"  of the  a the  offshore  extent  where  of  division  such  great  issues.  operation  of  the  economy  could  the  the  Columbia  economy  Relations  have  given  another  issues  a  economy  provincial is  issues  provincial  provincial  there  reform  that  administrative  inward,  development  To  shown  British  policy  departments.  has  on  importance  expected  e f f i c i e n t  the  in  federal-provincial  the  by  grow  remain  presented  and  on  reform  and  attention  attention  over  provincial  to  downturn  government's  interaction  jurisdictional  analysis are  central  or  evidence  the  other  the  ever  or  furthur  eliminated  staff  federalism  current  focus  Regardless  of  any  any  not  Senate  past  issues  issues  Canadian  turned  once  As  or  has  w i l l  more  growth  executive.  for  Clearly  constitutional  decline  c o n f l i c t  Ministry  received  to  Staff  accord  proposals  the  has  structure  may  the  question.  when  the  Board  constitutional  and  Ministry  associated  continue  Treasury  Whether  another  importance  the  w i l l  federal-provincial  issues,  table.  remains  of  for  economic  Relations  of  and  policy powers native  established operation  of  67  day-to-day meetings left  in  The  intergovernmental and  the  conferences  hands  provincial  establishment  of  which  a c t i v i t i e s  of  line  Allowing  the  an  attempt  departments.  clear  multi-sectoral bitter waged  conflict in  one  peacefully  concluded  provincial  the  central  signed  level  can  through  pursue  trade  the  policies  The  to  main  provincial  Interviews  which on  drawback government  V i c t o r i a  and  a to  of  the  on  time  its  to  those  line  Vancouver,  that  a  can  be  it  are allows  objectives  day-to-day  of  The  Relations,  the  department  at  conduct  relations.  reform  Senate  would  or find  basis.  approach, benefit  a  agreements  "macro"  on  two  follow  government  Secondly  the  of  has  meaning  that  of  day-to-day  could  policy  province  another.  day-to-  Ministry  macro  the  own  Intergovernmental  any  this  the  day-to-day  their  interprovincial  as  departments.  the  another  independently  such  implement  in  pursue  or  been  Intergovernmental  relations,  same  Ministry  l i b e r a l i z a t i o n  d i f f i c u l t  to  of  conduct  and  and  federal-provincial  province,  to  allows  B.C. the  has  discouraged  while  these  at  government  agency  i t  to  between  sector  the  of  approach  attending  9 7  concentrates  F i r s t l y  line  control  relations  Relations  advantages.  Ministry to  of  agreements,  clearly  departments  intergovernmental  terms  provincial  has  Alberta-style  line  in  negotiating  individual  would  Intergovernmental  the  the  and  executive  Relations  day  of  relations,  and  from  October  the  the  and  area  in  which  allocation  November,  of  1983.  68  additional  resources  Relations  lies  in  intergovernmental the an  provision increased  and  other  would  and  in  the  the  the  enable  the  government  might  the  be  past,  forest  development  federal  e l e c t i o n  Japanese  auto  same  the  on  Japanese  Relations  best  auto be  to  negotiations.  with  well  range  suited  9  8  Interview  V i c t o r i a ,  9  9  Interview  Vancouver,  and policy  i t  is  which  October  October  to  The to  1983.  1983.  when  British  of  and  climate federal-  the  the  federal  timing  an  out  to  entice at  the  restrictions  the  role  governments  departments  some  of  impending  Columbia  on  i n i t i a t i v e s  development  give  federal  Intergovernmental  provincial line  of  capability  their  with  intergovernmental  would  the  federal  from  carrying  the  of  instituting  advising  only  Relations  attempting  Ministry  from  proposals.  gained  began  other  planned  fact,  monitoring  9  periods  from  manufacturing  9  current  conjunction  benefit  information  schedule  has  suffered  imports.  might  increased  provincial  Columbia  government  pursue In  coincide  has  federal  middle  times  external  and  the  to  in  "middle-range"  valuable  to  talks  federal  the  developing  8  This  about  to  of  a c t i v i t i e s  ministries  industry  would  monitoring  9  the  provide  favorable  Intergovernmental  Intergovernmental  monitor  to  British  of  departments  governments.  line  discussions  time  to  of  ministries  provincial  In  Line  Ministry  Ministry  line  Ministry  development  policy.  provincial  to  the  the  capability  enable  advice  to  of  some  meaning  to  of and the and such the  69  Ministry's  recent  efforts  to  monitor  intergovernmental  conduct.  Without  benefit  ministries  from  to  internal view  the  the  line  monitoring process  elimination  of  the  of  terms  Relations.  as  even  process, redundant this  reference  moderate of  their  those and  the  the  w i l l  line provision  participation  ministries  cannot  undoubtedly  central  department  agency  Ministry  of  press  of  some  in  the  help  but  for  the  function  from  Intergovernmental  70  APPENDIX  A  -  DISALLOWED  BRITISH  COLUMBIA  ACTS  1871-1955  37 V i c t . 1873-74 c.2 ( B C ) - An A c t t o amend a n d consolidate the laws a f f e c t i n g Crown Lands i n B r i t i s h Columbia Ignored F e d e r a l n a t u r e of I n d i a n Lands - d i s a l l o w e d March 11, 1875  37 Vict. 1873-74 c.9 ( B C ) - An A c t t o make p r o v i s i o n for the b e t t e r a d m i n i s t r a t i o n of j u s t i c e - a f f e c t e d f e d e r a l powers to a p p o i n t j u d g e s - d i s a l l o w e d M a r c h 9, 1875  38 better appoint  Vict. 1875 c . 6 (BC) - An A c t administration of justicejudges - d i s a l l o w e d A p r i l 28,  t o make p r o v i s i o n for the a f f e c t e d f e d e r a l powers to 1876  40 V i c t . 1877 c . 2 2 (BC) - An A c t t o p r o v i d e f o r t h e b e t t e r a d m i n i s t r a t i o n of j u s t i c e - l i m i t e d federal powers to control retirement and removal o f a p p o i n t e d o f f i c e r s - d i s a l l o w e d May 15, 1878  40 V i c t . 1877 c . 3 2 (BC) An Act to incorporate the Alexandra Land Company L t d . - i n c o r p o r a t e d company engaged in b u s i n e s s e x t e n d i n g b e y o n d t h e p r o v i n c e - d i s a l l o w e d May 15, 1878  40 V i c t . 1877 c . 3 3 (BC) An Act to incorporate the British C o l u m b i a I n s u r a n c e Company L t d . - Incorporated company w i t h i n f e d e r a l j u r i s d i c t i o n - d i s a l l o w e d M a y 15 , 1878  41 - 4 2 V i c t . 1878 c . 2 5 (BC) - An A c t relating to Crown Lands in B r i t i s h Columbia - d e a l t w i t h f e d e r a l j u r i s d i c t i o n over i n t e r e s t - d i s a l l o w e d Aug. 15,1879  41-42 Vict. better collection unconstitutional Columbia but l e f t 15,1879  1878 c . of P r o v i n c i and void on the s  35 (BC) - An A c t t o p r o v i d e f o r the a l Taxes from Chinese declared by the Supreme Court of B r i t i s h tatute books disallowed Aug.  41-42 Vict. Waggon Road T o l l s commerce powers -  1878 c . 3 7 (BC) - An A c t t o amend A c t 1876 - i n t e r f e r e d w i t h f e d e r a l disallowed Sept.24,1879  the Caribou trade and  71  43 Vict. 1880 Waggon R o a d T o l l s A c t and commerce powers -  c.28 (BC) - An A c t t o amend t h e Caribou 1876 - i n t e r f e r e d w i t h t h e federal trade disallowed July 27,1881  43 Vict. 1880 c . 2 9 (BC) - An A c t r e s p e c t i n g C a r i b o u Waggon Road - i n t e r f e r e d w i t h f e d e r a l t r a d e powers - d i s a l l o w e d J u l y 27, 1881  t o l l s on the and commerce  45 V i c t . 1882 c . 8 (BC) - An A c t t o C o n s o l i d a t e and amend the Laws relating to G o l d an o t h e r m i n e r a l s e x c e p t i n g c o a l e f f e c t i v e l y appointed judge to oversee act thus i n t e r f e r i n g with f e d e r a l a p p o i n t m e n t p o w e r s - d i s a l l o w e d May 8, 1883  46 V i c t . 1883 c . 2 6 (BC) - An A c t t o i n c o r p o r a t e t h e R i v e r R a i l w a y Company - A c t c o n t r a r y t o N a t i o n a l R a i l w a y as o r i e n t e d t o N o r t h S o u t h t r a d e - d i s a l l o w e d S e p t . 25.  Fraser Policy 1883  46 Vict. 1883 c . 27 (BC) - An A c t t o I n c o r p o r a t e t h e New Westminster Southern Railway Company Contrary to National Policy as encouraged N o r t h - South t r a d e - d i s a l l o w e d Sept. 25, 1883  47 V i c t . 1884 c . 3 (BC) - An A c t t o p r e v e n t t h e Immigration of C h i n e s e - Act does not deal w i t h l o c a l matter and interfers w i t h n a t i o n a l a n d I m p e r i a l p o l i c y - d i s a l l o w e d A p r i l 7, 1884  48 Vict. 1885 c . 9 (BC) Act 1878 Conflicts with d i s a l l o w e d M a r c h 11, 1886  -  An A c t federal  t o amend railway  t h e Sumas D y k i n g belt grant  48 Vict. 1885 c.13 (BC) An Act to prevent i m m i g r a t i o n of Chinese interferes with federal trade commerce powers - d i s a l l o w e d March 26,1886  48 Vict. 1885 c.16 (BC) - An A c t t o amend 1884 - a c t i n t e r f e r e d w i t h q u e s t i o n o f r a i l w a y b e l t b e f o r e the c o u r t s - d i s a l l o w e d M a r c h 11, 1886  the and  the Land Act lands then  50 Vict. 1887 c.7 (BC) - An A c t t o e s t a b l i s h a C o u r t of A p p e a l f r o m t h e Summary Decisions of Magistrates affected federal jurisdiction over criminal matters - disallowed April 10, 1888  72  61 Vict. 1898 c.28 (BC) An Act r employment of Chinese and Japanese p e r s o n s on under franchises g r a n t e d by Private Acts a powers over external a f f a i r s and I m p e r i a l p o l d i s a l l o w e d May 2 9 , 1899  elating to the works c a r r i e d on ffected federal i c y with Japan -  61 V i c t . 1898 c . 4 4 (BC) - An Act to amend the Tramway Incorporation Act affects Imperial policy w i t h Japan and f e d e r a l e x t e r n a l a f f a i r s j u r i s d i c t i o n - d i s a l l o w e d May 2 9 , 1899  62 V i c t . 1899 Licences affected with federal external  62 V i c t . Railway from p o l i c y towards jurisdiction -  c.39 (BC) An Act respecting Liquor I m p e r i a l p o l i c y w i t h China and interfered a f f a i r s p o l i c y - d i s a l l o w e d A p r i l 12, 1900  1899 c . 4 4 (BC) - An A c t t o g r a n t a s u b s i d y to a Midway to Penticton - interfered with Imperial Japan and China and w i t h f e d e r a l e x t e r n a l affairs d i s a l l o w e d A p r i l 12, 1900  62 V i c t . 1899 c . 4 6 (BC) - An A c t t o amend t h e Coal Mines Regulation Act - i n t e r f e r e s with Imperial p o l i c y towards China and Japan and with the federal external affairs power disallowed A p r i l 12,1900  62 Vict. 1899 c.50 (BC) Mining Act - i n t e r f e r e d with federal e x t e r n a l a f f a i r s powers - d i s a l l o w e d  An A c t t o amend t h e Placer trade and commerce, and A p r i l 12, 1900  64 Vict. 1900 c.11 (BC) - An A c t t o r e g u l a t e Immigration into British Columbia interfered with federal policy re uniformity of Dominion Immigration Act - disallowed Sept. 4 1 901  64 Vict. 1900 c.14 (BC) An Act relating to the employment on works carried on under franchises granted by P r i v a t e A c t s - a f f e c t e d I m p e r i a l p o l i c y towards China and Japan as well as federal immigration and external affairs jurisdictions - disallowed Sept. 4, 1901  1 Edw. VII 1901 c . 8 0 (BC) - An A c t t o I n c o r p o r a t e Bennett Railway - Railway to be built in territory b e t w e e n US a n d C a n a d a - d i s a l l o w e d May 3 , 1902  the Lake disputed  73  2 Edw. V I I 1902 c.34 (BC) - An A c t t o r e g u l a t e I m m i g r a t i o n into British C o l u m b i a - Same A c t a s 64 V i c t . 1900 c.11 (BC) d i s a l l o w e d Nov. 14, 1902  2 Edw. V I I 1902 c.38 (BC) - An Act r e l a t i n g to the employment on works carried on under f r a n c h i s e s g r a n t e d by P r i v a t e A c t s - Same A c t a s 64 V i c t . 1900 c.14 (BC) - d i s a l l o w e d Nov. 14, 1902 2 Edw. V I I 1902 c.48 (BC) - An A c t t o f u r t h e r amend t h e Coal Mines Regulation Acts - Act U l t r a Vires provincial government and c o n t r a r y t o I m p e r i a l and D o m i n i o n i m m i g r a t i o n and e x t e r n a l r e l a t i o n s p o l i c y - d i s a l l o w e d Nov 14, 1902 3 Edw. V I I 1903 c.12 (BC) - An A c t t o r e g u l a t e I m m i g r a t i o n i n t o B r i t i s h C o l u m b i a - A c t same as 2 Edw. V I I 1902 c.34 (BC) disallowed Oct. 1,1903 3 Edw. V I I 1903 c.14 (BC) - An Act r e l a t i n g to the employment on works carried on under f r a n c h i s e s g r a n t e d by P r i v a t e A c t s - A c t same a s 2 Edw. VII 1902 c.38 (BC) disallowed Oct. 1,1903  Coal (BC)  3 Edw. VII 1903 c.17 (BC) - An A c t t o f u r t h e r amend t h e M i n e s R e g u l a t i o n A c t - A c t same a s 2 Edw. VII 1902 c.48 - d i s a l l o w e d O c t . 1, 1903  3-4 Edw. VII 1903-1904 c.26 (BC) - An A c t t o r e g u l a t e I m m i g r a t i o n i n t o B r i t i s h C o l u m b i a - A c t e s s e n t i a l l y t h e same as 64 V i c t . 1900 c.11 (BC) - d i s a l l o w e d Nov. 16, 1904 5 Edw. VII 1905 c.18 (BC) - An A c t t o amend t h e Supreme Court A c t - U l t r a V i r e s p r o v i n c i a l legislature and interferes w i t h f e d e r a l powers t o a p p o i n t j u d g e s - d i s a l l o w e d Nov. 1, 1905 5 Edw. V I I 1905 c.28 (BC) - An A c t t o r e g u l a t e I m m i g r a t i o n into British C o l u m b i a - A c t same a s 64 V i c t . 1900 c.11 (BC) d i s a l l o w e d Sept. 1905 5 Edw. V I I 1905 c.30 (BC) - An Act r e l a t i n g to the employment on works carried on under f r a n c h i s e s g r a n t e d by Private Acts - Act s i m i l a r t o 64 V i c t . 1900 c.14 (BC) d i s a l l o w e d Sept. 1905  74  5 Edw. VII 1905 c . 3 6 (BC) - An f u r t h e r M i n e s R e g u l a t i o n A c t - A c t same a s 2 Edw. VII disallowed Sept. 1905  into c.11  t o amend t h e C o a l 1902 c . 4 8 (BC)  8 Edw. VII 1908 c . 3 2 (BC) - An A c t t o r e g u l a t e B r i t i s h Columbia - S u b s t a n t i a l l y t h e same a s 64 (BC) - d i s a l l o w e d Nov. 19, 1908  Immigration Vict. 1900  7-8 Geo.V 1917 c.71 (BC) - An A c t t o amend t h e Vancouver Island Settlers Rights Act 1904 interfered with federal railway belt grant and f e d e r a l r a i l w a y p o l i c y - d i s a l l o w e d May 21,1918  11 G e o . V 1921 c . 4 9 (BC) - An A c t certain Orders in Council and Provi Employment o f P e r s o n s on Crown P r o p e r t y f o u n d U l t r a V i r e s by Supreme C o u r t - d i s  Source: G.V. La Provincial Legislation Ottawa March 1955  to v a l i d a t e and confirm sions relating to the - P r o t e s t e d by J a p a n and a l l o w e d 27 M a r c h , 1 9 2 2  Forest, Disallowance and R e s e r v a t i o n of Department of J u s t i c e , Q u e e n ' s Printer,  75  APPENDIX  B  -  RESERVED  BRITISH  COLUMBIA  ACTS  1871-1955  35 V i c t . 1872 (BC) - An A c t t o amend t h e Q u a l i f i c a t i o n a n d R e g i s t r a t i o n o f V o t e r s A c t 1871 - C l a u s e i n B i l l disenfranchises Chinese and I n d i a n s - P r o v i n c e g i v e n r i g h t to legislate as to its f r a n c h i s e u n d e r t h e BNA A c t - a s s e n t g i v e n S e p t . 18, 1872  35 Vict. 1872 (BC) An A c t t o amend Naval Settlers Act 1863 Conflicted with agreement - Assent refused Sept. 25 1872  35 Vict. Conflicted with Oct. 8, 1872  1872 (BC) - An A c t Federal railway land  35 Vict. 1872 born out of lawful h e r e a f t e r be m a r r i e d  the M i l i t a r y and Terms of Union  t o impose a W i l d grants - Assent  Land not  Tax given  (BC) - An A c t t o r e n d e r l e g i t i m a t e c h i l d r e n wedlock whose parents now are or may - No a c t i o n a p p e a r s t o h a v e b e e n taken  36 Vict. 1872-73 (BC) An Act to render c h i l d r e n b o r n o u t o f l a w f u l w e d l o c k w h o s e p a r e n t s now h e r e a f t e r be m a r r i e d - No a c t i o n a p p e a r s t o h a v e b e e n  40 V i c t . 1877 n o . 3 5 (BC) Amendment A c t 1872 - E n t r e n c h e d judges - Assent not given Sept.  An A c t t o amend t h e on federal power 29, 1877  legitimate a r e o r may taken  Gold Mining to appoint  60 Vict. 1897 no.40 (BC) An Act relating to the e m p l o y m e n t of C h i n e s e o r J a p a n e s e p e r s o n s on works carried on under franchises granted by Private Acts - Interference in i n t e r n a t i o n a l r e l a t i o n s and F e d e r a l i n t e r e s t s - Assent not given Dec. 22 1897  4 Edw. VII 1904 n o . 7 2 (BC) - An A c t E l e c t i o n s A c t - No a c t i o n a p p e a r s t o h a v e  t o amend t h e been taken  Municipal  7 Edw. VII 1907 c. 21A (BC) An Act to regulate Immigration i n t o B r i t i s h Columbia - B i l l considered redundant as would a l l o w i m m i g r a t i o n of c l a s s e s of people a l r e a d y a l l o w e d to immigrate - Assent not g i v e n Nov. 27, 1907  76  5 Geo. V 1915 c . 3 0 (BC) - An a c t t o amend the Pool-Rooms Act Interfered with international relations and Federal i n t e r e s t s - Assent not given Jan. 25, 1916  9 Geo. V 1919 (BC) - An A c t t o amend S e t t l e r s R i g h t s A c t 1904 - R e - e n a c t m e n t o f b i l l - Assent not given Jan. 26 1919  10 Geo. Island Settlers disallowed b i l l  V 1920 c . 9 7 (BC) R i g h t s A c t 1904 - Assent not given  Source: G.V. La Provincial Legislation Ottawa, March 1955  the Vancouver Island previously disallowed  An A c t t o amend t h e V a n c o u v e r Re-enactment of previously March 29, 1921  Forest, Disallowance Department of J u s t i c e ,  and R e s e r v a t i o n of Queen's Printer,  77  APPENDIX  C - J U D I C I A L C O M M I T T E E OF T H E P R I V Y C O U N C I L AND COURT C A S E S I N V O L V I N G B R I T I S H COLUMBIA 1871-1955  SUPREME  1889 14 AC 295 - A t t o r n e y G e n e r a l of B r i t i s h C o l u m b i a vs A t t o r n e y G e n e r a l of Canada Dealt with rights for precious metals in railway belt - held for the province  1896 AC 561 Esquimalt a n d Nanaimo R a i l w a y Company vs Bainbridge - dealt with land and precious metals rights in Railway Belt held lands conveyed to Dominion but Province retains precious mineral rights  1 9 0 3 A C 151 - C u n n i n g h a m a n d A t t o r n e y G e n e r a l for British Columbia vs Tomey Homma and A t t o r n e y G e n e r a l of Dominion of Canada - d e a l t w i t h i m m i g r a t i o n powers - Held f e d e r a l government c o n t r o l l e d n a t u r a l i z a t i o n but Province the p r i v i l e g e s associated with it  1906 AC 204 - A t t o r n e y General for British Columbia vs Canadian P a c i f i c R a i l w a y Company - d e a l t w i t h f e d e r a l r i g h t s to d e c l a r e p r o v i n c i a l lands as harbours - held federal government had complete j u r i s d i c t i o n and c o n t r o l  1907 AC 462 McGregor vs E s q u i m a l t and Nanaimo Railway Company - d e a l t w i t h l a n d g r a n t s of s e t t l e r s i n t h e r a i l w a y belt - held previous provincial legislation valid  1908 AC 5 7 3 - M a r y W a t t s a n d A t t o r n e y General Columbia vs Rubin Watts - d e a l t w i t h d i v o r c e laws within provincial competence  1911 AC 87 with water r i g h t s jurisdiction  - B u r r a r d Power in the railway  Company belt -  of held  British divorce  L i m i t e d vs Rex held within  - dealt federal  1914 AC 153 - A t t o r n e y g e n e r a l f o r t h e P r o v i n c e o f British Columbia vs A t t o r n e y g e n e r a l for the Dominion of Canada and Attorney G e n e r a l f o r the P r o v i n c e of O n t a r i o and o t h e r s - d e a l t w i t h f e d e r a l f i s h e r i e s r i g h t s and the r a i l w a y b e l t - h e l d w i t h i n federal jurisdiction  78  1916 AC 588 - A t t o r n e y G e n e r a l Attorney General for the Provinc General for the Province of B r i t i regulation of insurance companies commerce powers d i d not e x t e n d to commerce  for Dominion of Canada vs e of Alberta and A t t o r n e y s h Columbia dealt with held federal trade and intra-provincial trade and  1916 1 AC 598 Attorney General for the Province of O n t a r i o and o t h e r s vs Attorney General for the Dominion of Canada and A t t o r n e y G e n e r a l f o r the P r o v i n c e of B r i t i s h Columbia d e a l t w i t h p r o v i n c i a l powers of i n c o r p o r a t i o n - h e l d question had a l r e a d y been decided  1919 AC 9 9 9 - A t t o r n e y G e n e r a l f o r t h e D o m i n i o n of vs Ritchie Contracting and S u p p l y Company and o t h e r s with federal powers over public harbours held jurisdiction extended only to designated harbours used and not any g e o g r a p h i c harbour site  Canada - dealt federal as such  1922 AC 2 0 2 - W i l s o n a n d o t h e r s v s Esquimalt and Nanaimo Railway Company - dealt with coal rights in the railway belt r e a f f i r m e d p r o v i n c i a l p r e c i o u s m i n e r a l and land rights  1923 AC 4 5 0 Brooks, Bidlake and Whittal Limited vs Attorney General for B r i t i s h Columbia - dealt with p r o v i n c i a l timber licencing rights held completely within provincial jurisdiction  1924 AC 2 1 3 - R e x v s A t t o r n e y G e n e r a l f o r B r i t i s h Columbia - dealt with definition of a Royalty' held royalties not l i m i t e d t o l a n d s mines and m i n e r a l s and b e l o n g e d to the province  1924 AC 222 Attorney General for B r i t i s h Columbia vs A t t o r n e y G e n e r a l f o r Canada and A t t o r n e y G e n e r a l f o r Ontario dealt with customs duties - held province e n t i t l e d to impose duties for intra -provincial matters  1924 AC 2 0 3 Attorney General of B r i t i s h Columbia vs Attorney General of Canada - d e a l t w i t h p r o v i n c i a l immigration powers - h e l d province could not supercede Dominion treaty powers  1927 AC 934 Attorney C a n a d i a n P a c i f i c R a i l w a y Company powers - h e l d p r o v i n c e c o u l d not  General for B r i t i s h Columbia vs - dealt with provincial taxing impose i n d i r e c t taxes  79  1930 AC 111 General for B r i t i s h h e l d f e d e r a l powers  Attorney General f o r Canada vs Attorney Columbia - dealt with fisheries powers d i d not extend to f i s h processing  1930 AC 357 Attorney General for M a c D o n a l d Murphy Lumber Company Limited t a x a t i o n - h e l d province c o u l d not i n t e r f e r e p r o v i n c i a l and export powers  B r i t i s h Columbia vs dealt with lumber with federal inter-  1933 AC 168 Lower Mainland Dairy Products Sales Adjustment Committee vs Crystal Dairy Limited dealt with marketing board powers held provincial taxes imposed to support boards were i n d i r e c t and hence u l t r a vires  1934 AC 45 Attorney General for B r i t i s h Columbia vs Kingcome Navigation Company Limited dealt with provincial t a x a t i o n powers - h e l d p r o v i n c i a l d i r e c t t a x not an i n t e r f e r e n c e w i t h f e d e r a l t r a d e and commerce powers  1937 Attorney practices criminal government  AC 368 - A t t o r General for legislation and not c i v i l  ney General for B r i t i s h Columbia vs Canada dealt with provincial trade h e l d s u c h l e g i s l a t i o n was dealing with rights law and hence i n t r a v i r e s federal  1937 AC 3 7 7 - A t t o r n e y General for B r i t i s h Columbia vs A t t o r n e y G e n e r a l for Canada - d e a l t w i t h f e d e r a l m a r k e t i n g board legislation - held i n t r a - p r o v i n c i a l aspects u l t r a vires federal government  1 9 3 7 AC 391 - A t t o r n e y General Attorney G e n e r a l for Canada - d e a l t - held for the federal government  1938 AC 708 Products Board for the province  for with  Shannon and o t h e r s vs dealt with provincial  B r i t i s h Columbia federal bankruptcy  Lower Mainland marketing boards  -  vs law  Dairy held  1946 AC 527 - B r i t i s h Columbia Electric Railway Company L i m i t e d vs Rex - d e a l t w i t h d e f i n i t i o n of r e s i d e n c e of a company - h e l d p l a c e of r e s i d e n c e f o r t a x a t i o n purposes d e f i n e d by p l a c e of b u s i n e s s '  80  1947 AC 87 - C o - o p e r a t i v e C o m m i t t e e on J a p a n e s e C a n a d i a n Attorney G e n e r a l f o r Canada - d e a l t w i t h wartime d e p o r t a t i o n Japanese - held federal wartime Orders in Council valid  vs of  1950 AC 87 Attorney General for British Columbia vs Esquimalt and Nanaimo R a i l w a y Company - d e a l t w i t h p r o v i n c i a l t a x a t i o n of t h e r a i l w a y b e l t held province could tax for Timber s a l e s and f i r e p r o t e c t i o n s e r v i c e s etc.  1950 AC 122 General for B r i t i s claim exemption i t s importance to  - C a n a d i a n P a c i f i c R a i l w a y Company vs Attorney h Columbia - dealt with attempt by CPR to form p r o v i n c i a l l e g i s l a t i o n on t h e g r o u n d s of t h e n a t i o n a l economy - h e l d f o r the province  S o u r c e : R i c h a r d A. Olmsted, Decisions of the J u d i c i a l Committee of the P r i v y C o u n c i l r e l a t i n g t o t h e B r i t i s h N o r t h A m e r i c a A c t 1867 a n d t h e C a n a d i a n C o n s t i t u t i o n 1867-1954 Department of J u s t i c e , Queen's P r i n t e r , Ottawa 1957  81  A P P E N D I X D - B R I T I S H C O L U M B I A M I N I S T R Y OF I N T E R G O V E R N M E N T A L R E L A T I O N S T E R M S OF R E F E R E N C E - N O V E M B E R 1979  1. To co-ordinate and develop policies, strategies and a c t i v i t i e s regarding British Columbia's relations with other governments by: a. Monitoring a c t i v i t i e s and r e l a t i o n s h i p s of other governments among t h e m s e l v e s a n d w i t h B.C. b. Co-ordinating relationships of B.C. ministries with other governments. c. Maintaining a thorough knowledge of Executive Council p o l i c i e s in intergovernmental areas. d. Analyzing issues and advising on appropriate strategies for B.C.'s approach to consultation on intergovernmental matters e. Maintaining effective contacts with other governments and w i t h B.C. House i n Ottawa and B.C. House in London. f. Representing B.C. at meetings with other governments h e l d for the purpose of p r e p a r i n g f o r and co-ordinating discussions of intergovernmental matters, and attending intergovernmental meetings as necessary. g. C o - o r d i n a t i n g p r e p a r a t i o n s and p r e p a r i n g briefing material for the Premier and the Minister of Intergovernmental Relations at intergovernmental meet i n g s . h. Organizing and administering arrangements for i n t e r g o v e r n m e n t a l m e e t i n g s h o s t e d by the Premier of the M i n i s t e r of I n t e r g o v e r n m e n t a l Relations. i. Ensuring that submissions to Cabinetincluding submissions to the f i v e p o l i c y committees of Cabinet (Planning and P r i o r i t i e s , Treasury Board, Economic Development, Social Services and ELUC)take into account implications for intergovernmental r e l a t i o n s . j. Co-ordinating and a d m i n i s t e r i n g arrangements for v i s i t s to B.C. by foreign and Canadian representatives (other than those arranged by t h e M i n i s t r y of the P r o v i n c i a l S e c r e t a r y with the trade liaison office) and by co-ordinating arrangements through the Department of E x t e r n a l A f f a i r s f o r v i s i t s to other countries by members of the Executive Counc i 1 . k. Providing secretariat services to ongoing intergovernmental mechanisms such as the Alaska/B.C./Yukon committee of heads of government, and participating as B.C's representative in management m e e t i n g s of t h e C a n a d i a n Intergovernmental Conferences Secretariat.  82  1. the 2. to  Providing appropriate special representatives  To c o - o r d i n a t e and d e v e l o p reform federalism by:  staff services to support of the Premier i n Ottawa.  B.C.'s  policy  on  proposals  a. Advising the Minister of Intergovernmental Relations and through him the Premier and Cabinet on B.C.'s position and proposals on t h e r e f o r m o f t h e Constitution of Canada and Federal-Provincial arrangements. b. Analyzing information and circulating i t in a p p r o p r i a t e f o r m a t s on i s s u e s and e v e n t s a f f e c t i n g t h e review of the Constitution and federal-provincial arrangements a n d t h e i r i m p a c t on B.C. a s a member o f the Canadian federation. 3. To f a c i l i t a t e committee system by:  the  functioning  of  the  Cabinet's  a. Advising the Premier on the structure and f u n c t i o n i n g of the C a b i n e t Committee system. b. P r o v i d i n g s e c r e t a r i a l services t o a l l standing and ad hoc committees of Cabinet other than the Treasury Board. c. Recording minutes and decisions of committees f o r appropriate c i r c u l a t i o n to Cabinet and to m i n i s t r i e s . d. A d m i n i s t e r i n g records and p u b l i c a t i o n s of ordersin-council approved by t h e E x e c u t i v e C o u n c i l and i t s committees. e. Preparing agendas for a l l meetings of Cabinet committees other than Treasury Board and providing for a p p r o p r i a t e c i r c u l a t i o n of agendas and submissions. 4. To regarding  ensure adequate consulation and co-ordination a l l submissions to Executive Council by:  a. Reviewing a l l submissions to Executive Council committees and Treasury Board to determine whether m i n i s t r i e s w i t h an i n t e r e s t i n a submission have been a d e q u a t e l y c o n s u l t e d by t h e sponsoring ministry. b. Providing for interministerial c o n s u l t a t i o n on submissions as a p p r o p r i a t e . c. B r i e f i n g the chairman of a l l Cabinet committees other than Treasury Board in interministerial i m p l i c a t i o n s of submissions t o C a b i n e t . d. Maintaining a continuing, thorough knowledge of the policy approaches and p r i o r i t i e s of a l l ministries. 5. To advise responsibilities a.  the Premier on the allocation of to Cabinet Committees and m i n i s t r i e s by:  Analyzing  the  workload,  responsibilities  and  83  inter-relationships  of  Cabinet  committees  and  ministries. b. A d v i s i n g on means t o e n s u r e a d e q u a t e consideration of the social, economic, environmental, and o t h e r p o l i c y o b j e c t i v e s of government.  Source: Province of British Columbia, Premiers Office, Reorganization Highlights: A S u m m a r y o f New Cabinet R e s p o n s i b i l i t i e s and Changes i n O r g a n i z a t i o n of Government M i n i s t r i e s V i c t o r i a , November 23, 1979 p p . 14-16  84  APPENDIX  The six  E  -  T R E A S U R Y BOARD AND T R E A S U R Y BOARD REFERENCE - FEBRUARY 1981  Treasury Board main functions:  itself  is  a  Cabinet  STAFF  Committee  TERMS  charged  1. Provide central co-ordination and control o v e r a l l o p e r a t i o n of government Ministries  of  OF  with  the  2. Review and approve M i n i s t r y organization structures, establishment levels, c l a s s i f i c a t i o n standards and levels, remuneration p o l i c i e s and p l a n s , and c o l l e c t i v e bargaining contracts. 3. Ensure the establishment and implementation of effective administrative, personnel and financial management p o l i c i e s , systems, and procedures through a l l government Ministries. 4. E s t a b l i s h budgetary p o l i c i e s , g u i d e l i n e s and procedures for general application in a l l government M i n i s t r i e s , to c o - o r d i n a t e the p r e p a r a t i o n of M i n i s t r y budget estimates, and to prepare the c o n s o l i d a t e d Government estimates of revenue and e x p e n d i t u r e for p r e s e n t a t i o n t o the Cabinet 5. M o n i t o r and e v a l u a t e the e f f e c t i v e n e s s and efficiency of Government programs and to d e t e r m i n e the a l l o c a t i o n of f i n a n c i a l and o t h e r r e s o u r c e s between programs. 6. A n a l y z e and from M i n i s t r i e s  In p r a c t i c e , much of Treasury Board Staf e s t a b l i s h e d ten main the Treasury Board M  evaluate specific expenditure and to approve or d i s a p p r o v e such  t h i s mandate i s f. In 1981 t h e f u n c t i o n s t o be inisters:  proposals requests.  a c t u a l l y c a r r i e d o u t by the Staff's terms of references c a r r i e d o u t i n t h e name of  1. Review and a n a l y s i s of M i n i s t r y o r g a n i z a t i o n structures and the development of recommendations to the Treasury Board with respect to the structuring of government Ministries.  85  2. The c l a s s i f i c a t i o n ( i . e . job e v a l u a t i o n ) of service positions in accordance with the e s t a b l i s h e d by t h e G o v e r n m e n t E m p l o y e e R e l a t i o n s  a l l public standards Bureau.  3. The a s s e s s m e n t of the number of personnel within each Ministry, and the administration E s t a b l i s h m e n t C o n t r o l r e c o r d s on behalf of the Board.  required of the Treasury  4. The s p e c i f i c a t i o n o f t h e s y s t e m s a n d p r o c e d u r e s t o be u s e d by government M i n i s t r i e s in preparing their annual budgetary e s t i m a t e s of revenues and expenditures.  5. a l l  The co-ordination of government Ministries.  the  6. The c r i t i c a l a n a l y s i s and budgetary Estimates of each a d v i c e and a s s i s t a n c e to Minis with respect to Ministry Est presented to the Board.  budgetary  process  througout  r e v i e w of the c o n t e n t of the M i n i s t r y and the p r o v i s i o n of t e r s of the Treasury Board i m a t e s when t h e y a r e f o r m a l l y  7. The establishment of c r i t e r i a for evaluating the efficiency and effectiveness of government programs in concert with Ministry executives and for monitoring the performance of a l l programs in c o s t b e n e f i t s and o t h e r appropriate terms.  8. The a n a l y s i s of s p e c i f i c M i n i s t r y Board approval to expend funds and recommendations to the M i n i s t e r s of this regard.  requests for Treasury the presentation of the Treasury Board in  9. The a n a l y s e s , upon the r e q u e s t of the Chairman of T r e a s u r y Board, of the f i n a n c i a l i m p l i c a t i o n s of p o l i c y program proposals submitted for consideration by c o m m i t t e e s of Cabinet.  the and the  86  10. The a s s e s s m e n t of e x i s t i n g adminstrative, personnel, and f i n a n c i a l management p o l i c i e s t h r o u g h o u t a l l government Ministries with particular responsibility for ensuring:  a. That suitable written p o l i c i e s are cover a l l normal a d m i n i s t r a t i v e operating of government Ministries  developed to requirements  b. T h a t these are contained in a comprehensive s t a n d a r d i z e d set of A d m i n i s t r a t i v e P o l i c y Manuals that are r e a d i l y a c c e s s i b l e to government administrators. c. That effective updating Administrative  systems for controlling P o l i c y Manuals e x i s t , and  d. That the stated A d m i n i s t r a t i v e p o l i c i e s a d h e r e d t o by g o v e r n m e n t Ministries  Source: J . R . K e l l y , A s s o c i a t e Deputy E v a n M . W o l f e F e b r u a r y 2, 1981  Minister  of  are  Finance,  and  being  Memo  to  87  BIBLIOGRAPHY  Books  and  Theses  1.  Aitchison, University  J.H. e d . , The P o l i t i c a l P r o c e s s of Toronto Press, Toronto, 1963  2.  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