BILL NO. 38

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001

Private Member's Bill

Provincial Sovereignty Act

Howard Epstein
Halifax Chebucto

First Reading: April 20, 2001

Second Reading:

Third Reading:

WHEREAS health care and education are essential public services;

AND WHEREAS the Government of Canada is engaged in negotiations through the World Trade Organization that contemplate a General Agreement on Trade in Services and in negotiations towards establishing a Free Trade Agreement of the Americas;

AND WHEREAS constitutional responsibility for health care and education in Nova Scotia is a matter for the Government of Nova Scotia and the Nova Scotia Legislature;

Therefore be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Provincial Sovereignty Act.

2 The purpose of this Act is to affirm the exclusive sovereignty of the Government of the Province and the Legislature over essential public services as assigned to the Province by the Constitution of Canada and, in particular, to

(a) protect the Province's jurisdiction over health care; and

(b) protect the Province's jurisdiction over education.

3 (1) It is hereby declared that the Government of the Province does not consent, and has never consented, to any abandonment of the Province's constitutional jurisdiction over matters assigned to the Province by the Constitution of Canada and, in particular, does not consent, and has never consented, to allow the Government of Canada to act on behalf of the Government of the Province in any international negotiations, treaties, conventions, charters, protocols or agreements.

(2) In particular, but not so as to limit the generality of subsection (1), it is hereby declared that the Government of the Province does not consent, and has never consented, to allow the Government of Canada to act on behalf of the Government of the Province in any international negotiations, treaties, conventions, charters, protocols or agreements held pursuant to the World Trade Organization and its mandate or in any proceedings leading to a Free Trade Agreement of the Americas.

4 It is hereby declared that it is the policy of the Government of the Province to seek a reservation with respect to health care and education in any international negotiations, treaties, conventions, charters, protocols or agreements that may be negotiated, or are in the process of negotiation, by the Government of Canada.

5 In the event the Government of Canada enters into any international negotiation, treaty, convention, charter, protocol or agreement that purports to commit subnational governments to take or refrain from taking measures within the constitutional jurisdiction of the subnational government, no measure may be taken by executive action or otherwise to implement such a treaty, convention, charter, protocol or agreement if

(a) implementation will in any respect reduce or modify health care as an essential public service; or

(b) implementation will in any respect reduce or modify education as an essential public service.