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section 91(29), when combined with the exceptions from provincial jurisdiction in section 92(10), gives Parliament jurisdiction over international and interprovincial works and undertakings, interprovincial and international shipping, and works declared by Parliament to be for the greater advantage of Canada;
The mixture of federal, provincial and municipal jurisdiction over Ottawa and Gatineau became an issue during the Canada convoy protest in 2022. The commissioner appointed to review the use of the Emergencies Act by the federal government commented on the overlapping jurisdiction, and stated that it may have contributed to the slow response to ...
In Canada's federal system, the head of state is not a part of either the federal or provincial jurisdictions; the King reigns impartially over the country as a whole, meaning the sovereignty of each jurisdiction is passed on not by the federal viceroy or the Canadian Parliament, but through the Crown itself.
Section 92A of the Constitution Act, 1867 (French: article 92A de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to provincial jurisdiction over natural resources. It was added to the Constitution Act, 1867 in 1982, as part of the Patriation of the Constitution.
A subject matter which falls within provincial legislative jurisdiction therefore does not come within federal jurisdiction, and vice versa. Canadian constitutional analysis uses the term ultra vires as shorthand for a matter that is outside the jurisdiction of a government, and intra vires for a matter that is within the jurisdiction of a ...
Part V of this act established an amending formula for the Canadian constitution, the lack of which (due to more than 50 years of disagreement between the federal and provincial governments) meant Canada's constitutional amendments still required enactment by the British parliament after Statute of Westminster in 1931.
The federal government is partially limited by powers assigned to the provincial legislatures; for example, the Canadian constitution created broad provincial jurisdiction over direct taxation and property and civil rights. Many disputes between the two levels of government revolve around conflicting interpretations of the meaning of these powers.
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 ...