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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 .
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 ...
Section 92 has been amended once since the Act was enacted in 1867. Section 92(1) originally gave the provincial legislatures the power to enact laws to amend the constitutions of the provinces, other than the office of the Lieutenant Governor. Section 92(1) was repealed as part of the Patriation of the Constitution.
Related powers are available to the provincial legislatures under the following headings of section 92: 9. Shop, Saloon, Tavern, Auctioneer, and other Licences in order to the raising of a Revenue for Provincial, Local, or Municipal Purposes. 14.
The issue is typically whether the statutory court created under section 101 or 92(14) has encroached upon the exclusive jurisdiction of a section 96 court. To validate the jurisdiction of a federal or provincial tribunal it must satisfy a three-step inquiry first outlined in Reference Re Residential Tenancies Act (Ontario) .
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.
The legal interpretation ejusdem generis limits the scope of the exceptions to subsection 92(10). 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.
First examined in Citizen's Insurance Co. v. Parsons (1881), Sir Montague Smith of the Judicial Committee of the Privy Council determined its scope thus: . 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 ...