Article X · Revision 1 · 2026-05-20 federal

Reserved Powers and Emergency Limitations

Full Text

Summary

Background

Revisions

Discussion

Reserved Powers of the Province

This section lists subjects Alberta already controls, such as natural resources, health, education, and policing, and entrenches them in a provincial constitution. It also says that any power not expressly given to the federal government belongs to Alberta, and that federal law applies in Alberta only if it respects provincial powers. Those last two ideas would reverse the current constitutional default and federal paramountcy, so they could not take effect through Alberta acting alone and would need a broader amendment agreed to by Parliament and other provinces.

Emergencies and the Preservation of Rights

This section limits how the provincial government can use emergency powers by requiring a supermajority vote of the Legislature, automatic expiry, and judicial oversight; it also prohibits emergency orders from compelling medical procedures or restricting religious worship or lawful work.

Judicial Review and Enforcement

This section lets any affected person challenge emergency orders or federal encroachment in Alberta courts and directs the Legislature to make that process fast; Alberta courts can already strike down provincial measures and federal measures that conflict with the Constitution of Canada, but not federal measures on the basis of a provincial constitution alone.

Duty to Defend Jurisdiction

This section places a constitutional duty on the Government of Alberta to actively defend provincial powers, and allows the Legislature to create tools such as legal funds, inquiries, or intergovernmental negotiations to do so; Alberta already defends its jurisdiction through litigation and references, so this section largely formalizes existing practice.

Reserves to Alberta all powers not expressly delegated to the federal government
Exclusive provincial jurisdiction over named subjects including natural resources, health, education, policing, and child protection
Conditions emergency declarations on supermajority approval, time limits, and sunset
Empowers Alberta courts to nullify federal or provincial measures that contravene the Constitution of Alberta
Duty on the Government of Alberta to defend the province's reserved jurisdiction

Why this article is proposed

Alberta exercises a long list of provincial powers under Constitution Act, 1867 ss.92, 92A, 93, and 95: natural resources, health care, education, policing, property, child welfare, and more. Most of these are well-settled. The article would gather them into a single provincial statement and add a duty on the Government of Alberta to defend them.

What it would change

Two clauses in Section 1 would change the constitutional baseline rather than restate it:

The first clause reserves to Alberta all powers not expressly delegated to the federal government. Canada's residual power runs the other way: under the opening words of Constitution Act, 1867 s.91 (Peace, Order, and Good Government), powers not otherwise assigned belong to Parliament.
The fourth clause conditions the in-force effect of federal statutes within Alberta on their compliance with the Constitution of Alberta and the provincial reserved powers. This reverses federal paramountcy.

Section 2 limits provincial emergency powers (a province can constrain its own emergency authority). Section 3 authorizes Alberta courts to nullify federal measures within Alberta that contravene the provincial constitution; provincial courts can only declare federal measures invalid against the Constitution of Canada. Section 4 creates a duty to defend provincial jurisdiction, which is already a routine function of the Government of Alberta.

The legal basis

The provincial heads of power in Constitution Act, 1867 ss.92, 92A, 93, and 95 give Alberta substantial authority that does not depend on a written provincial constitution. Constitution Act, 1982 s.45 lets Alberta entrench rules about how those powers are exercised. What s.45 cannot do is shift powers between Parliament and the provincial legislatures or reverse paramountcy; those changes require the general amending formula under s.38 or, in some cases, unanimity under s.41.

Open questions

Four referendum questions on the October 2026 ballot relate to provincial authority over named subjects in Section 1:

Question 2 asks whether access to provincially funded programs should be restricted to Canadian citizens and permanent residents. Eligibility rules for provincial programs are within provincial jurisdiction under s.92, subject to Canadian Charter of Rights and Freedoms s.15 review.
Question 3 asks whether Alberta should impose residency requirements on non-permanent residents. Residency-based access to provincial programs is within provincial jurisdiction, with possible Charter s.6 issues.
Question 4 asks whether Alberta should charge fees for health care and education for non-permanent residents. Fees are within provincial jurisdiction, with conditions attached to federal transfers under the Canada Health Act, R.S.C. 1985, c. C-6.
The broader question of paramountcy reversal is addressed in Articles IV and XII (Question 9). It cannot be enacted by Alberta alone.

Albertans will also need to consider whether to entrench the reserved-powers framing in Section 1, knowing that the U.S.-style residual clause and the conditional-force clause are political signals rather than enforceable rules under the existing Constitution of Canada.

Revision 1 2026-05-20

major

Initial draft of Article X from the v2 draft constitution, with per-section classification, current-law context, and editorial notes.

Loading comments...