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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.
The relationship between the federal and provincial powers is generally referred to as the "division of powers", meaning federalism issues, not separation of powers. Both the provincial powers and the federal powers are stated to be exclusive, not concurrent. A subject matter which falls within provincial legislative jurisdiction therefore does ...
Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in Rothmans: [1]. The doctrine of federal legislative paramountcy dictates that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency.
The powers flowing from the Constitution Act are divided between the Government of Canada (the federal government) and the provincial governments to exercise exclusively. A change to the division of powers between the federal government and the provinces requires a constitutional amendment , whereas a similar change affecting the territories ...
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 ...
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 ...
Provincial loyalties also intersect with ethnic and linguistic ones. This is most true of Quebec, where the provincial government views itself as the guarantor of the "national" culture of Quebec. Quebec nationalists often view the provincial government as the basis on which to build the État québécois, the Quebec State. Political movements ...