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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Section 92(1) was repealed as part of the Patriation of the Constitution. The provincial power to amend the provincial constitution is now found in section 45 of the Constitution Act, 1982. The exception with regard to the office of the Lieutenant Governor is now found in s. 41 of the Constitution Act, 1982. [6]
The 1887 conference passed two resolutions, one calling for amendments to the British North America Act removing the power of disallowance over topics within the provincial sphere of Section 92, and a second resolution calling on the federal government to seek a judicial opinion on each case of disallowance, which would be open to appeal.
The declaration must be made by the passing of legislation, but in addition to declaring specific works, whole classes of work can be defined as being "for the general advantage of Canada" by default; the Atomic Energy Control Act, for example, deemed all nuclear power plants to fall into this category. From 1867 to 1961 there were 470 uses of ...
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.
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.
Although the text of the act appears to give Parliament residuary powers to enact laws in any area that has not been allocated to the provincial governments, subsequent Privy Council jurisprudence held that the "peace, order, and good government" power is in a delimited federal competency like those listed under section 91 (see e.g. AG Canada v ...
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 ...