Opting out
Encyclopedia
Opting out is a political expression that was formulated in Canada
to describe the intention of a province to remove itself from a program administered by the federal government
, or to exempt itself from a constitutional amendment that would transfer its legislative powers to Parliament
.
Up until the 1960s, a province that did not participate in a shared-cost program would suffer a financial penalty for exercising this choice. The province of Quebec
exercised this choice on occasion despite the financial cost. In the 1960s, negotiations between the federal and the Quebec governments lead to tax abatments or fiscal compensation formulas which compensated the Quebec government when it opted out of federal programs.
Under the Constitution Act, 1982
, the right for any province to opt out of future constitutional amendments that would transfer legislative powers from the provincial legislatures to Parliament is affirmed. Financial compensation is guaranteed for any province that opts out of such an amendment relating to education or other cultural matters. Under the Meech Lake
and Charlottetown
Accords, this financial compensation was to be extended to include any constitutional amendment that transferred any legislative powers, not just those relating to education or other cultural matters. However, neither the Meech Lake nor the Charlottetown Accords were ratified.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
to describe the intention of a province to remove itself from a program administered by the federal government
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
, or to exempt itself from a constitutional amendment that would transfer its legislative powers to Parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
.
Up until the 1960s, a province that did not participate in a shared-cost program would suffer a financial penalty for exercising this choice. The province of Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
exercised this choice on occasion despite the financial cost. In the 1960s, negotiations between the federal and the Quebec governments lead to tax abatments or fiscal compensation formulas which compensated the Quebec government when it opted out of federal programs.
Under the Constitution Act, 1982
Constitution Act, 1982
The Constitution Act, 1982 is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of "patriating" the constitution, introducing several amendments to the British North America Act, 1867, and changing the latter's name in Canada to the Constitution Act, 1867...
, the right for any province to opt out of future constitutional amendments that would transfer legislative powers from the provincial legislatures to Parliament is affirmed. Financial compensation is guaranteed for any province that opts out of such an amendment relating to education or other cultural matters. Under the Meech Lake
Meech Lake Accord
The Meech Lake Accord was a package of proposed amendments to the Constitution of Canada negotiated in 1987 by Prime Minister Brian Mulroney and ten provincial premiers. It was intended to persuade the government of the Province of Quebec to endorse the 1982 Canadian Constitution and increase...
and Charlottetown
Charlottetown Accord
The Charlottetown Accord was a package of proposed amendments to the Constitution of Canada, proposed by the Canadian federal and provincial governments in 1992. It was submitted to a public referendum on October 26 of that year, and was defeated.-Background:...
Accords, this financial compensation was to be extended to include any constitutional amendment that transferred any legislative powers, not just those relating to education or other cultural matters. However, neither the Meech Lake nor the Charlottetown Accords were ratified.