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Section 91 of the Constitution Act, 1867 (French: article 91 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the federal Parliament. The federal powers in section 91 are balanced by the list of provincial legislative powers set out in section 92 of the Constitution Act, 1867.
Section 91(27) is by and large the broadest of the enumerated powers allocated to the federal government. As noted by Estey J. in Scowby v. Glendinning: 11. ...The terms of s. 91(27) of the Constitution must be read as assigning to Parliament exclusive jurisdiction over criminal law in the widest sense of the term.
Specifically, the phrase appears in section 91 of the federal Act, which is part of the block of sections that divide legislative powers between the federal and provincial levels of government. [ 7 ] It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make Laws for the Peace, Order, and ...
The general power of legislation conferred up on the Parliament of the Dominion by section 91 of the Act in supplement of the power to legislate upon the subjects expressly enumerated must be strictly confined to such matters as are unquestionably of national interest and importance, and must not trench on any of the subjects enumerated in ...
Section 91(28) gives Parliament exclusive power over "penitentiaries" while section 92(6) gives the provinces powers over the "prisons". This means that offenders sentenced to two years or more go to federal penitentiaries while those with lighter sentences go to provincial prisons.
The provincial powers in section 92 are balanced by the list of federal legislative powers set out in section 91 of the Constitution Act, 1867. The dynamic tension between these two sets of legislative authority is generally known as the "division of powers".
The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states: 29.
Because both subject matters could have wide-ranging effect, they were assigned to both levels of government on a concurrent basis, rather than the exclusivity principle which applies to the lists of federal powers set out in section 91 of the Constitution Act, 1867, and the provincial powers set out in section 92.