Editing Devolution (section)

==Canada==
{{see also|Territorial evolution of Canada}}
Although Canada is a [[Federation|federal state]], a large portion of its land mass in the north is under the legislative jurisdiction of the federal government (called [[Provinces and territories of Canada|territories, as opposed to provinces]]). This has been the case since 1870. In 1870 the [[Deed of Surrender]] or 'Rupert's Land and North-Western Territory Order' effected the admission of [[Rupert's Land]] and the [[North-Western Territory]] to Canada, pursuant to section 146 of the [[Constitution Act, 1867]] and the [[Rupert's Land Act 1868]]. The [[Manitoba Act, 1870]], which created [[Manitoba]] out of part of Rupert's Land, also designated the remainder of both the Northwest Territories (NWT), over which Parliament was to exercise full legislative authority under the [[Constitution Act, 1871]].

[[Yukon]] was carved from the Northwest Territories in 1898 but remained a territory. In 1905, the provinces of [[Alberta]] and [[Saskatchewan]] were carved from the [[Northwest Territories]]. Portions of [[Rupert's Land]] were added to the provinces of [[Ontario]] and [[Quebec]], extending those provinces northward from their previous narrow band around the [[St. Lawrence River|St. Lawrence]] and lower [[Great Lakes]]. The [[District of Ungava]] was a regional administrative district of Canada's Northwest Territories from 1895 to 1912. The continental areas of said district were transferred by the [[Parliament of Canada]] with the adoption of the [[Quebec Boundary Extension Act, 1898]] and the [[Quebec Boundaries Extension Act, 1912]]. The status of the interior of [[Labrador]] that was believed part of Ungava was settled in 1927 by the British [[Judicial Committee of the Privy Council]], which ruled in favour of the [[Dominion of Newfoundland]]. The offshore islands to the west and north of Quebec remained part of the Northwest Territories which was transformed into Nunavut in 1999.

Since the 1970s, the federal government has been transferring its regional decision-making powers to territorial governments. This means greater local control and accountability by northerners for decisions central to the future of the territories. In 1999, the federal government created [[Nunavut]] pursuant to a land claim agreement reached with [[Inuit]], the indigenous people of Canada's [[Arctic]]. Since that time, the federal government has slowly devolved legislative jurisdiction to the territories. Enabling the territories to become more self-sufficient and prosperous and to play a stronger role in the Canadian federation is considered a key component to development in [[Northern Canada|Canada's North]]. Among the three territories, devolution is most advanced in Yukon.

On June 18, 2021, [[Nunatsiavut]], the [[Indigenous self-government in Canada|Inuit self-government]] in [[Labrador]],  stated that it had begun the process of seeking devolution of [[Child protective services|child protection services]] from the [[Newfoundland and Labrador]] [[Department of Children, Seniors and Social Development]] with the goal for negotiations to conclude within three years.<ref>{{cite news|url=https://vocm.com/2021/06/18/nunatsiavut-government-developing-plan-to-take-over-child-welfare-services-in-labrador-from-provincial-government/ |title=Nunatsiavut to Self-Govern Child Welfare Services in Labrador Inuit Communities |newspaper=VOCM |date=2021-06-18 |access-date=2022-02-28|author1=Jolene Grimes }}</ref><ref>{{Cite news|url=https://www.saltwire.com/atlantic-canada/news/nunatsiavut-government-is-taking-over-child-welfare-system-for-labrador-inuit-100601869/|title = Nunatsiavut Government planning to take over child-welfare system for Labrador Inuit &#124; SaltWire | last1=Careen | first1=Evan }}</ref><ref>{{cite web |author=NTV News |url=http://ntv.ca/nunatsiavut-government-planning-to-take-control-of-child-welfare-services/ |title=Nunatsiavut Government planning to take control of child welfare services |publisher=ntv.ca |date=2021-06-18 |access-date=2022-02-28 |archive-date=2022-07-02 |archive-url=https://web.archive.org/web/20220702073058/http://ntv.ca/nunatsiavut-government-planning-to-take-control-of-child-welfare-services/ |url-status=dead }}</ref>

===Northwest Territories===
The [[Northwest Territories]] (NWT) was governed from [[Ottawa]] from 1870 until the 1970s, except for the brief period between 1898 and 1905 when it was governed by an elected assembly. The [[Carrothers Commission]] was established in April 1963 by the government of [[Lester B. Pearson]] to examine the development of government in the NWT. It conducted surveys of opinion in the NWT in 1965 and 1966 and reported in 1966. Major recommendations included that the [[History of Northwest Territories capital cities|seat of government should be located in the territory]]. [[Yellowknife]] was selected as the territorial capital as a result. Transfer of many responsibilities from the federal government was recommended and carried out. This included responsibility for education, small business, public works, social services and local government. Since the report, the [[Politics of the Northwest Territories|government of the Northwest Territories]] has taken over responsibilities for several other programs and services including the delivery of health care, social services, education, administration of airports, and forestry management. The legislative jurisdiction of the [[Legislative Assembly of the Northwest Territories|territorial legislature]] is set out in section 16 of the ''Northwest Territories Act''.

Now, the government of Canada is negotiating the transfer of the Crown–Indigenous Relations and Northern Affairs Canada's remaining provincial-type responsibilities in the NWT. These include the legislative powers, programs and responsibilities for land and resources associated with the department's Northern Affairs Program (NAP) with respect to:

* Powers to develop, conserve, manage, and regulate of surface and subsurface natural resources in the NWT for mining and minerals (including oil and gas) administration, water management, land management and environmental management;
* Powers to control and administer public land with the right to use, sell or otherwise dispose of such land; and
* Powers to levy and collect resource royalties and other revenues from natural resources.

The Government of the Northwest Territories, the Aboriginal Summit and the Government of Canada have each appointed a Chief Negotiator to work on devolution. A Framework Agreement was concluded in 2004. The target date for the completion of devolution talks for the NWT was March 2007. However, stumbling blocks associated with the transfer of current federal employees to the territorial government, and the unresolved issue of how much money the Northwest Territories will receive for its resources has delayed the conclusion of a devolution agreement for the NWT.

===Nunavut===
In 1966, the federal government established the [[Carrothers Commission]] to look at the issue of government in the north. After extensive study and consultation, the Commission concluded that division of the NWT was probably both advisable and inevitable. There was a recognition that Northerners wanted to run their own affairs and must be given the opportunity to do so. At the same time, however, it noted that governmental reform was required before this could happen. It recommended the establishment of a new system of representative government. As a result, in the late 1960s and 1970s, the federal government gradually created electoral constituencies and transferred many federally run programs to the territorial government. Northerners took on more and more responsibility for the day-to-day running of their own affairs. In [[1982 Northwest Territories division plebiscite|1982 a plebiscite was held in the NWT]] asking the question, "Do you think the NWT should be divided?" Of the eligible voters 53  percent participated in the plebiscite, with 56.4 percent of them voting "yes". Voter turnout and support for division was particularly strong in the Eastern Arctic. The Inuit population of the eastern section of the territory had become increasingly receptive of the idea of self-government. It was viewed as the best way to promote and protect their culture and traditions and address their unique regional concerns.

Both the NWT Legislative Assembly and the federal government accepted the idea of dividing the territory. The idea was viewed as an important step towards enabling the [[Inuit]], and other residents of the Central and Eastern Arctic, to take charge of their own destiny. There were some reservations, however. Before action could be taken, certain practical considerations had to be addressed. First of all, outstanding land claims had to be settled. Second, all parties had to [[1992 Northwest Territories jurisdictional boundaries plebiscite|agree on a new boundary]]. Finally, all parties had to agree on the division of powers between territorial, regional and local levels of government. The various governments and native groups worked closely together to realize these goals. The ''[[Nunavut Land Claims Agreement]]'' was ratified by the Inuit in November 1992, signed by the Prime Minister of Canada on May 25, 1993, and passed by the Canadian Parliament in June of the same year. It was the largest native land claim settlement in Canadian history. It gave the Inuit title over {{cvt|350,000|km2}}. It also gave the Inuit capital transfers from the federal government of over $1.1&nbsp;billion over the next 14 years. This money will be held in trust with the interest to be used in a variety of different projects, including financing for regional businesses and scholarships for students. The Inuit also gained a share of resource royalties, hunting rights and a greater role in managing the land and protecting the environment. The land claims agreement also committed the Government of Canada to recommend to Parliament legislation to create a new territory in the eastern part of the Northwest Territories.

While negotiations on a land claims settlement progressed, work was also taking place to determine potential jurisdictional boundaries for a new Eastern Territory. A proposal was presented to all NWT voters in a May 1992 plebiscite. Of those voting, 54 percent supported the proposed boundary. The Government of the Northwest Territories, [[Nunavut Tunngavik Incorporated]] (the Inuit claims organization) and the federal government formally adopted the boundary for division in the Nunavut Political Accord. The final piece of the equation fit into place on June 10, 1993, when the ''[[History of Nunavut|Nunavut Act]]'' received [[Royal assent|Royal Assent]]. It officially established the territory of Nunavut and provided a legal framework for its government. It fixed April 1, 1999, as the day on which the new territory would come into existence.

The government of [[Nunavut]] is currently negotiating with the government of Canada on a devolution agreement. Nunavut Tunngavik Incorporated, the organization of Inuit of Nunavut, is also a participant to negotiations to ensure that Inuit interests are represented.

Devolution over natural resources to the government of Nunavut moved forward with the appointment of a Ministerial Representative for Nunavut Devolution. The representative has held meetings with interested parties including the boards established under the [[Nunavut Land Claims Agreement]] (NLCA), territorial and federal government departments in order to determine if devolution will occur and if so the future mandate of devolution. The government of Nunavut and Nunavut Tunngavik have appointed negotiators.

===Yukon===
In 1896, prospectors discovered gold in [[Yukon]], which prompted a massive [[Klondike Gold Rush|gold rush]] that saw the population of Yukon grow very rapidly. By 1898, [[Dawson City|Dawson]] grew into the largest Canadian city west of [[Winnipeg]], with a population of 40,000. In response, the Canadian government officially established the Yukon Territory in 1898. The [[North-West Mounted Police]] were sent in to ensure Canadian jurisdiction and the ''Yukon Act'' provided for a commissioner to administer the territory. The 1898 statute granted the Commissioner in Council "the same powers to make ordinances... as are possessed by the Lieutenant Governor of the North-west Territories, acting by and with the advice and consent of the Legislative Assembly thereof". In 1908 amendments to the ''Yukon Act'' transformed the Council into an elected body.

Over time the territorial government exercised expanded functions. Relevant developments include the following:

* By the mid-1960s, schools, public works, welfare, and various other matters of a local nature had come under territorial administration.
* Increased authority of elected Council members over the ensuing period contributed to significant changes in the Yukon Commissioner's role. In 1979, instructions from the [[Minister of Crown–Indigenous Relations|Minister of Indian Affairs and Northern Development]] (Minister) directed the Commissioner to allow elected members and the Executive Council to make important policy decisions, specifying that his/her actions should normally be based on the advice and taken with the consent of the elected Executive Council.
* As in the Northwest Territories, federal responsibilities were transferred to the Yukon government in the 1980s. In 1988 the Minister and the Yukon Government Leader signed a [[Memorandum of understanding|Memorandum of Understanding]] committing the parties to smooth the progress of devolution of remaining province-like responsibilities to the Yukon Government. Responsibilities transferred since then include fisheries, mine safety, intra-territorial roads, hospitals and community-health care, oil-and-gas and, most recently, natural resources.
* Discussion to transfer land- and resource-management responsibilities to the [[Legislature of Yukon|Yukon Government]] began in 1996, followed by a formal federal devolution proposal to the Yukon Government in January 1997. In September 1998 a Devolution Protocol Accord to guide devolution negotiations was signed. On August 28, 2001, a final draft of the Devolution Transfer Agreement was completed for consideration. The Yukon Devolution transfer Agreement was concluded on October 29, 2001, with the Government of Canada enabling the transfer of remaining province-like responsibilities for land, water and resource management to the Government of Yukon on April 1, 2003.