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Section 90 of the Constitution Act, 1867 (French: article 90 de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to provincial appropriation and taxation bills, the recommendation for money votes in provincial legislative assemblies, and the federal government's power of disallowance and reservation with respect to provincial laws.
Although not a formal constitution, the document outlined the laws of the government. [10] Two years later, on July 2, 1845, a new set of Organic Laws was drafted to revise and clarify the previous version; this newer version was adopted by a majority vote of the people on July 26, 1845. [10]
Provincial governments were not pleased with what they saw as the increasing interference of the federal government in provincial autonomy, and held the first Interprovincial Conference in Quebec City in October 1887 to discuss the issue, [68] [88] the meeting site was symbolic as had previously hosted the 1864 Conference that laid the basis ...
Section 94A confirms provincial jurisdiction over old age pensions and supplemental benefits, even when the federal Parliament has legislated in the area; [10] Section 95 gives the provinces jurisdiction over agriculture and immigration, subject to concurrent federal jurisdiction over those subjects. [11]
The Constitution Act, 1867 divides the responsibility between the federal and provincial jurisdictions. Together with the grant under s. 92(14), s. 91(27) carves out "Procedure in Criminal Matters," while s. 96 requires the appointment of "the Judges of the Superior, District, and County Courts in each Province" to be done by the Governor General in Council, and s. 101 grants the Parliament of ...
The Organic Laws were based on the laws of Iowa Territory and compartmentalized the government into three branches consisting of an executive branch, a legislative branch, and a judiciary. Once the Oregon Territory was formed in 1848, the territorial government took control of the laws and invalidated only one provision of the Organic Laws.
By themselves, incidental effects of provincial regulations on a federal sphere of influence do not change their true nature. [11] Moreover, the fact that a valid provincial regulation may affect an export trade or the cost of doing business is similarly not conclusive of determining whether it is made "in relation to" that power.
Pith and substance [1] is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls. The doctrine is primarily used when a law is challenged on the basis that one level of government (be it provincial or federal) has encroached upon the exclusive jurisdiction of another level of government.