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13. Property and Civil Rights in the Province. It is one of three key residuary powers in the Constitution Act, 1867, together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province.
Section 92 has been amended once since the Act was enacted in 1867. Section 92(1) originally gave the provincial legislatures the power to enact laws to amend the constitutions of the provinces, other than the office of the Lieutenant Governor. Section 92(1) was repealed as part of the Patriation of the Constitution.
The limitation on the scope of this clause stems from the narrow interpretation of its branches and the expansive interpretation of provincial powers under section 92 of the Constitution Act, 1867. Particularly limiting is the breadth of provincial power over property and civil rights under s. 92(13).
However, the Constitution Act, 1867 also assigns the provinces exclusive jurisdiction over municipalities (s. 92(8)), property and civil rights in the province , and local matters (s. 92(16)). The issue was whether the railway, as a federally regulated "work or undertaking" was required to comply with the municipal order to clean its ditch, an ...
The Constitution Act, 1867 (French: Loi constitutionnelle de 1867), [1] originally enacted as the British North America Act, 1867 (BNA Act), is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada , including its federal structure , the House of Commons ...
The law could best be characterized as either falling into the provincial power to legislate on matters related to taverns and saloons (section 92(9) of the Constitution Act, 1867), property and civil rights (section 92(13)), or matters of a local or private nature (section 92(16)).
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 ...
Section 92(10) of the Constitution Act, 1867, also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on: 10. Local Works and Undertakings other than such as are of the following Classes: