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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.
Section 92 is not the only source of provincial legislative authority, as there are other provisions of the Constitution Act, 1867 which confer legislative power on the provincial legislatures: Section 92A, enacted by the Constitution Act, 1982, gives the provinces jurisdiction over natural resources in the Province; [8]
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:
The patriation of the Canadian constitution was achieved in 1982 when the British parliament, with the request and assent of the Canadian parliament, passed the Canada Act 1982, which included in its schedules the Constitution Act, 1982. The United Kingdom thus renounced any remaining responsibility for, or jurisdiction over, Canada.
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 ...
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.
Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Canadian Constitution.In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada (which upon Confederation was divided into Ontario and Quebec)—united to form a federation, becoming a fully ...
Provincial jurisdiction includes other matters, such as natural resources, hospitals, municipalities, education (except education on First Nation reserves). [28] [30] The Constitution Act, 1867 also provides that, while provinces establish their own superior courts, the federal government appoints their judges. [31]