Can a Province Opt Out of Employment Insurance?
Christine Elliott is a leadership candidate for the Progressive Conservative Party of Ontario. Ms. Elliott launched her campaign a month ago by criticizing the harmonization of sales taxes in Ontario, a policy advocated by her husband, the (federal) Minister of Finance Jim Flaherty!
Today, we can read in a press release on her website:
“Ideally, the federal government will quickly reform EI to better meet Ontario’s needs. But if this is not possible, then the province can consider opting out of EI. We can shape our own future by designing and implementing a replacement EI system that will better meet the needs of working Ontarians,” Elliott said.
« Unemployment insurance » is an exclusive federal jurisdiction of the Parliament of Canada since 1940, under subsection 91 (2A) of the Constitution Act, 1867. A province can’t withdraw from employment insurance without a constitutional amendment. It is not a jurisdiction of provincial paramountcy (such as old age pensions, see 94A C.A., 1867). Is Ms. Elliott interested in reopening the Constitution?
