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The new instructions reiterated that lieutenant governors authority for reservation was to be exercised as Dominion officers accountable to the governor general, not provincial cabinet, and further outlined a policy where the federal government preferred to deal with provincial acts through disallowance if necessary, not reservation. [95]
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 ...
A governor is an administrative leader and head of a polity or political region, in some cases, such as governors-general, as the head of a state's official representative.. Depending on the type of political region or polity, a governor may be either appointed or elected, and the governor's powers can vary significantly, depending on the public laws in place local
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 ...
Each province's legislative assembly, along with the province's lieutenant governor, form the province's legislature (which is called a parliament or general assembly in some provinces). Historically, several provinces had bicameral legislatures , but they all eventually dissolved their upper house or merged it with their lower house, so that ...
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 dynamic tension between these two sets of legislative authority is generally known as the "division of powers" .
The limitation on the scope of this clause stems from the narrow interpretation of its branches and the expansive interpretation of provincial powers under section 92 of the Constitution Act, 1867. Particularly limiting is the breadth of provincial power over property and civil rights under s. 92(13).
Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. Note that "civil rights" in this context does not refer to civil rights in the more modern sense of political liberties. Rather, it refers to private rights enforceable through civil courts.