Natural resources exclusively in one canton are cantonal property. Shared natural resources (offshore) are distributed between municipal, cantonal and federal powers.
Relevant Constitution Article
Article 101 : Transfer of existing administrative institutions, Article 104 : Succession to National assets, Article 105 : Assets in case of territorial changes between the Canton, Article 106 : Old debts, Article 115 : Cantonal Asset and Federal Assets, Article 129 : Matters under exclusive legislative power of the Canton, Article 63 : Federal assets administration, and Article 67 : Administration of water resources
- As a general rule, each of the Administrative agencies, government entities, government-owned entities, or private entities rendering public service or utility (in the broadest meaning public or private) shall be split into four (4). Each Canton shall take its share of the “hard and soft” assets (including “its” employees).
- All Cantonal Citizens of any legacy admiration, public service, or utility shall be allocated to the budget of such Canton and shall become the share of this Canton in the distribution of the assets and liabilities of the incumbent public service.
- Each Canton will decide whether it needs to keep such employees (the Canton Citizens currently employed in the public sector and which have been moved to the public sector of the Canton) or let them go.
- The payment for dismembered and decentralized utilities shall be funded by each Canton from its Cantonal and municipal taxes.
- No Federal Tax, funding, grant, or loan is admissible to fund Cantonal utilities or public service.
- Administrative agencies and other institutions, public administration (including, but not limited to, the administration of justice) for which no agreement was reached on Cantonal allocation within 6 months following the date of this Constitution, shall be liquidated. The Federal Government, with or without the consent of the concerned Cantonal Governments, shall provide for their dissolution or liquidation and the Federal government is not authorized to budget for their expenses or incur any cost thereupon.
- Corporations and institutions under public law not directly subordinate to a Canton nor based on agreements between Cantons shall be cancelled and liquidated. No corporations and institutions under public or private law shall be maintained if (i) not directly subordinate to a Canton nor (ii) no agreements for which between Cantons has been reached.
- National assets shall, in principle, become federal assets. The general rule is to have those assets decentralized into four (4) separate operations/entities.
- Insofar as such assets were originally intended to be used principally for administrative tasks not entrusted to the Federation under this Basic Law, they shall be transferred without compensation to the authorities now entrusted with such tasks.
- To the extent that such assets are now being used for administrative tasks that under this Basic Law are now performed by the Cantons, they shall be transferred to the Cantons. The Federation may also transfer other assets to the Cantons.
- Assets that were placed at the disposal of the Republic of Lebanon by religious communities Wakf or municipalities or associations of municipalities shall revert to those Canton or municipalities or associations of municipalities insofar as the Federation does not require them for its own administrative purposes, in which case it shall negotiate their use with the Cantonal Government.
- The assets of the Republic of Lebanon or of other corporations or institutions established under public law that no longer exist, insofar as they were originally intended to be used principally for administrative tasks or are now being so used, shall pass to the Canton, corporation, or institution that now performs those tasks.
- Real property of entities that no longer exist shall pass to the Canton within which it is located, insofar as it is not among the assets already referred to in paragraph (1) of this Article.
- In all other respects, the succession to and disposition of assets, insofar as it has not been affected by agreement between the affected Canton or corporations or institutions established under public law, shall be regulated by a federal law requiring the consent of the Federal Government.
- Debts of the Republic of Lebanon, or of such other corporations and institutions established under public law that no longer exist, shall be discharged by the Federal Republic of Lebanon.
- Debts of public administrations or entities dismembered and allocated to Cantons shall follow the assets and the allocation to each Canton, pro rata.
- Paragraph (1) of this Article shall apply, mutatis mutandis, to debts of the Republic of Lebanese or its institutions as well as to debts of other corporations and institutions established under public law that are connected with the transfer of assets of the Republic of Lebanese to the Federation, Cantons, or municipalities, and to debts arising from measures taken by the Republic of Lebanese or its institutions.
- Land, natural resources, means of production, soft or hard infrastructure, and facilities that are solely within the boundaries of a given Canton and that are owned by Cantonal Governments are, in essence, the common ownership of the Canton Citizens and shall be defined as “Cantonal Assets.”
- Any transfer of any Cantonal Asset to a Federal public enterprise or another entity will need a special authorization from the Cantonal Parliament with a two thirds (2/3) majority approval.
- Any land, resource, means of productions, soft or hard infrastructure, or facilities that cross from one Canton another or connect one Canton to another is a Federal Asset, at least insofar as the connecting portion is concerned. Such Federal Asset (or portion thereof) cannot be alienated or disposed of or managed by Cantonal authorities except as otherwise expressly commissioned by the Federal Authorities.
- The Canton shall have exclusive legislative power with respect to:
- Civilian protection;
- Residency within the Canton;
- Education, schooling, cultural heritage;
- Language;
- non-federal public transport, local railways, mountain railways;
- waste disposal, air pollution control, and noise abatement;
- Industry, commerce, services,
- statutory rights and duties of civil servants of the Canton,
- municipalities and other corporations established under public law as well as the judges in the Canton;
- hunting;
- protection of nature and landscape management;
- Cantonal and regional planning;
- management of cantonal water resources;
- admission to institutions of higher education and requirements for graduation in such institutions;
- industrial property rights, copyrights, and publishing and all other IP rights;
- Land ownership, Real estate, real estate transactions, limitations, and building permits;
- Graves, religious sites, and other memorial monuments
- All aspects of life not reserved herein specifically and exclusively for the Federation
- Federal infrastructure and assets shall be managed by and under federal administration.
- By a federal law requiring the consent of the Federal Government, responsibilities for federal administration may be delegated to the Cantons acting on federal commission.
- Each Canton can solely invest in new assets, erect new facilities, and improve the use of the resources and/or infrastructure (solar, wind, water, communication, commuting, electricity, public transport, etc.) after due studies on the overall impacts thereof without the consent of the Federal Government and/or Federal Authorities.
- Such action may only be taken to the extent that such new investment is (i) funded by the resources of the Canton itself or by private investors, (ii) aligned with the overall sectoral policy of the Cantonal government, and (iii) not conflicting with sectoral policy adopted by the Federal Government.
- The Federation and/or the Canton and/or the Municipality (as the case may be) may make use of a company under private law to discharge its responsibilities.
- The Federation shall administer water resources. Each Canton shall be in charge of applying the federal water policy to the portion of water resources falling into its territory. The Federation may delegate the administration of water resources to the Canton on federal commission or handle directly the administration of water resources itself.
- In the administration, development and new construction of water-related assets (dams, power plants, etc.) shall be assured by the Federal authorities in agreement with the Cantons.
- Each Canton can improve the use of its resources, including water resources, and incept dams or power plants after due studies on the overall impacts thereof without the consent of the federal Government and/or Federal Authorities. Such action may be taken only to the extent that such new investment is(i) funded by the resources of the Canton itself and (ii) aligned with the overallsectoral policy of the Federal government.