Alberta Premier Danielle Smith cited Section 95 as authority for the upcoming referendum
A section of the Constitution declaring agriculture and immigration fall under provincial jurisdiction clears the path for the fall referendum, Alberta Premier Danielle Smith said.
Speaking with reporters on Feb. 23 Smith pointed out Section 95 of the Constitution.
This part of the document says provincial legislatures “may make laws in relation to Agriculture in the Province, and to Immigration into the Province,” and that the federal government can make laws about these two issues “from Time to Time.”
The wording “seems to imply that the province should take the lead on policies regarding agriculture, and on policies regarding immigration,” the premier said.
Albertans will vote in an October referendum.
Of the nine questions on the ballot, five relate to immigration policies in the province. The other four are to do with the Constitution.
Some of the questions could affect temporary foreign workers (TFWs) in Alberta.
One question, for example, asks Albertans if they support the government “charging a reasonable fee or premium to individuals with a non-permanent immigration status living in Alberta for their and their family’s use of the health care and education systems.”
In 2024 Alberta had 3,102 TFWs in the ag sector.
Under current Alberta law, temporary foreign workers with a valid work permit for 12 months or longer are eligible for provincial health care.
Spouses and children of temporary foreign workers can also receive provincial coverage if in Alberta legally and living together.
Alberta spends a considerable amount of money on health care for TFWs with work permits.
Data from Statistics Canada and the Canadian Institute of Health Information shows Alberta spent $1.1 billion on health care for temporary foreign workers in 2024, up from $771 million in 2023.
In total, Canada spent more than $10 billion on health care for these individuals in 2024. That’s up $3 billion from 2023.