Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories have the power to make legislation relevant to the area, thus granting them a higher level of autonomy.
Devolution differs from federalism in that the devolved powers of the subnational authority may be temporary and are reversible, ultimately residing with the central government. Thus, the state remains de jure unitary. Legislation creating devolved parliaments or assemblies can be repealed or amended by central government in the same way as any statute. In federal systems, by contrast, sub-unit government is guaranteed in the constitution, so the powers of the sub-units cannot be withdrawn unilaterally by the central government (i.e., not without the process of constitutional amendment). The sub-units therefore have a lower degree of protection under devolution than under federalism.
Australia is a federation. It has six states and two territories with less power than states.
The Australian Capital Territory refused self-government in a 1978 referendum, but was given limited self-government by a House of Assembly from 1979, and a Legislative Assembly with wider powers in 1988.
The Northern Territory refused statehood in a 1998 referendum. The rejection was a surprise to both the Australian and Northern Territory governments.
Territory legislation can be disallowed by the Commonwealth Parliament in Canberra, with one notable example being the NT's short-lived voluntary euthanasia legislation.
Although Canada is a federal state, a large portion of its land mass in the north is under the legislative jurisdiction of the federal government (called 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 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 Canada's North. Among the three territories, devolution is most advanced in Yukon.
On June 18, 2021, Nunatsiavut, the Inuit self-government in Labrador, stated that it had begun the process of seeking devolution of 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.
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 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 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 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.
In 1963, 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 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.