Social Law – Canada Assistance Plan –
Cost-Sharing – Statutory Interpretation
In this case, the Supreme Court of Canada held that the federal
government was not obligated to share in historical costs relating
to two distinct social services that were provided by the province
of Quebec under the Canada Assistance Plan, RSC 1985, c
C-1 ("CAP"). CAP was repealed by the
Budget Implementation Act, 1995, SC 1995, c 17, ss
The Attorney General of Quebec challenged the federal
government's refusal to share in the cost of: (1) social
services provided in schools ("SSS") between 1973 and
1996; and (2) support services provided to persons with
disabilities living in residential resources ("SSPD")
between 1986 and 1996. Quebec argued that pursuant to the agreement
that was signed with the federal government in 1967, the federal
government was obligated to share in the costs of programs
designated as "welfare services provided in the
province", which included both SSS and SSPD.
The federal government took the position that SSS were a much
broader service than provided by CAP. SSS provided
services to all students, regardless of socio-economic background,
and therefore did not fit within CAP's mandate to
address issues of poverty and to protect the most vulnerable in
society. With respect to SSPD, the federal government submitted
that it was already providing funds for "adult residential
care services" pursuant to the Federal-Provincial Fiscal
Arrangements and Established Programs Financing Act, 1977, SC
1976-77 c 10, and that pursuant to CAP, the federal
government was excluded from having to share in costs in areas in
which it was already providing funding pursuant to any other act of
In dismissing the appeal, the court concluded that SSS were not
established for the sole purpose of addressing poverty issues and
were therefore too remote to bring their services within the ambit
of CAP. The court additionally found that the federal
government was not responsible for contributing to SSPD as it had
already shared in the costs of the same targeted services pursuant
to a separate act of parliament.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Law Society of British Columbia’s Cloud Computing Working Group issued its Final Report on Cloud Computing on January 27, 2012, amending an earlier consultation report approved by the "Benchers" on July 15, 2011.
New Toronto Stock Exchange (TSX) rules governing normal course issuer bids came into effect on June 1, 2007. The new TSX rules apply only to a normal course issuer bid that commenced after June 1, 2007.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).