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Section 92(13) of the Constitution Act, 1867, also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: 13. Property and Civil Rights in the Province.
Section 92 of the Constitution Act, 1867 (French: article 92 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the legislatures of the provinces of Canada. The provincial powers in section 92 are balanced by the list of federal legislative powers set out in section 91 of ...
Section 92(13) gives the Provinces the exclusive power to make law related to "property and civil rights in the province". In practice, this power has been read broadly to give the provinces authority over numerous matters such as professional trades, labour relations, and consumer protection.
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).
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 ...
On April 18, 1983, Prime Minister Pierre Trudeau expressed support for entrenching property rights in the Constitution, but only if debate were limited to a single day. The debate became engulfed in partisan tactics and eleven days later the Progressive Conservative Opposition introduced a motion of non-confidence in the House of Commons of Canada that sought to entrench the right to the ...
The Court identified matters in relation to labour to be within the exclusive competence of the province in the property and civil rights power under section 92(13) of the Constitution Act, 1867. This decision is considered one of the high-water marks of the council's interpretation of the Constitution in favour of the provinces.
Section 47 allows an amendment to the Constitution of Canada to be made without a resolution of the Senate authorizing the issue of the proclamation if, within 180 days after the adoption by the House of Commons of a resolution authorizing its issue, the Senate has not adopted such a resolution and if, at any time after the expiration of that ...