What is outlined in Sections 91 and 92 of the Constitution Act 1867?

Sections 91 and 92 (and to a lesser extent sections 93 to 95) of the Constitution Act, 1867 assign areas of legislative authority to the federal and provincial legislatures.

What areas of jurisdiction does s 92 of the Constitution Act 1867 assign and what level of government is this jurisdiction assigned to?

Section 92(10) of the Constitution Act, 1867, which grants the provincial legislatures jurisdiction over local works and undertakings (with some exceptions), was interpreted to share legislative power over transport and telecommunications depending on location.

What is the trade and commerce clause of the Constitution Act, 1867?

Section 91(2) of the Constitution Act, 1867 gives Parliament exclusive jurisdiction over “the regulation of trade and commerce.” 5 That includes not only the authority to enact legislation pertaining to interprovincial and international trade but also the authority to enact legislation pertaining to the general …

How did the Constitution Act of 1867 limit the power of the federal and provincial governments?

Section 91 of the Constitution Act, 1867 grants broad powers to the federal government to legislate for the “Peace, Order and good Government of Canada, in relation to all Matters not coming within the classes of subjects by this Act assigned exclusively to the Legislatures of the Provinces.” A guiding principle of the …

What can provincial government regulate?

As a result, all labour legislation (maximum hours, minimum wages, safety, workers’ compensation, industrial relations) comes under provincial law, except for certain industries such as banking, broadcasting, air navigation, atomic energy, shipping, interprovincial and international railways, telephones, telegraphs.

How did the Constitution Act 1982 change Canada?

The Constitution Act, 1982 has several parts. It includes the Canadian Charter of Rights and Freedoms. It protects the rights of Aboriginal peoples. It affirms that the Constitution is the supreme law of Canada, and that courts can “strike down” laws which are unconstitutional.

What is regulation of trade and commerce?

The words “regulation of trade and commerce,” in their unlimited sense are sufficiently wide, if uncontrolled by the context and other parts of the Act, to include every regulation of trade ranging from political arrangements in regard to trade with foreign governments, requiring the sanction of parliament, down to …

What did the Confederation of 1867 do for Canada?

Canadian Confederation (French: Confédération canadienne) was the process by which three British North American provinces, the Province of Canada, Nova Scotia, and New Brunswick, were united into one federation called the Dominion of Canada, on July 1, 1867.

Can provinces override federal law?

In Canadian constitutional law, the doctrine of paramountcy (French: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law.

What happened in the Constitution Act of 1982?

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land.

What is the trade and commerce clause of the Constitution Act 1867?