Adelaide
12-04-2013, 03:02 PM
Powers of Parliament (FEDERAL)
91. 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 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; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1. Repealed
1A. The Public Debt and Property
2. The Regulation of Trade and Commerce
2A. Unemployment insurance
3. The Raising of Money by any Mode or System of Taxation
4. The Borrowing of Money on the Public Credit
5. Postal Service
6. The Census and statistics
7. Militia, Military and Naval Service, and Defence
8. The fixing of and providing for the salaries and allowances of civil and other officers of the Government of Canada
9. Beacons, Buoys, Lighthouses, and Sable Island
10. Navigation and Shipping
11. Quarantine and Establishment and Maintenance of Marine Hospitals
12. Sea Coast and Island Fisheries
13. Ferries between any province and any British or Foreign Country or between two provinces
14. Currency and Coinage
15. Banking, Incorporation Banking, and the issue of paper money
16. Savings Banks
17. Weights and Measures
18. Bills of Exchange and Promissory Notes
19. Interest
20. Legal Tender
21. Bankruptcy and Insolvency
22. Patents of Invention and Discovery
23. Copyrights
24. Indians, and Lands reserved for the Indians
25. Naturalization and Aliens
26. Marriage and Divorce
27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure of Criminal Matters
28. The Establishment, Maintenance and Management of Penitentiaries
29. Such classes of subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces
And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
Exclusive Powers of Provincial Legislatures
92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of the Lieutenant Governor
2. Direct taxation within the Province in order to the raising of a Revenue for Provincial purposes
3. The borrowing of money on the sole credit of the province
4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers
5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood therein
6. The Establishment, Maintenance and Management of Public and Reformatory Prisons in and for the Province
7. The Establishment, Maintenance and Management of Hospitals Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
8. Municipal Institutions in the Province
9. Shop, Saloon, Tavern, Auctioneer, and other licenses in order to for the raising of a Revenue for Provincial, Local or Municipal Purposes
10. Works and Undertakings other than such as are of the following Classes:
(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
(b) Lines of Steam Ships between the Province and any British or Foreign Country:
(c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
11. The Incorporation of Companies and Provincial Objects
12. The Solemnization of Marriage in the Province
13. Property and Civil Rights in the Province
14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and Criminal Jurisdiction, and including Procedure in Civil Matters in those courts.
15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any Classes of Subjects enumerated in this Section
16. Generally all matters of a merely local or private Nature in the Province.
Energy and Renewable Resources (92A), Education (93), Old Age Pensions (94) and Agriculture and Immigration (95) are long-winded and complicated but can be found here (http://laws-lois.justice.gc.ca/eng/const/page-4.html)
Miscellaneous Provisions
109. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.
121. All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.
125. No Lands or Property belonging to Canada or any Province shall be liable to Taxation.
132. The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.
Marginal note: Use of English and French Languages
133. Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.
The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.
Thought it might be interesting for non-Canadians to see how we divide up the powers of Government based on the Constitution Act, 1867. Also, you'll note that there are certain parts that are fairly antiquated such as section 132 where we are "Part of the British Empire" with treaties with the "Empire" (which explains why we went to war a couple times when we really weren't 100% sold on it). I cut out some of the more boring portions of this section of our constitution, which are basically about our waters and canals considered property of the Government of Canada.
So, what do you think? How does this compare to the US Constitution when it comes to Federal versus State powers? I'm probably going to post another on the Bill of Rights versus our Charter of Rights and Freedoms. Takes time - I copied most of this out of my Constitutional law textbook, the rest from the source I cited further above which is a Government of Canada site.
91. 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 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; and for greater Certainty, but not so as to restrict the Generality of the foregoing Terms of this Section, it is hereby declared that (notwithstanding anything in this Act) the exclusive Legislative Authority of the Parliament of Canada extends to all Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1. Repealed
1A. The Public Debt and Property
2. The Regulation of Trade and Commerce
2A. Unemployment insurance
3. The Raising of Money by any Mode or System of Taxation
4. The Borrowing of Money on the Public Credit
5. Postal Service
6. The Census and statistics
7. Militia, Military and Naval Service, and Defence
8. The fixing of and providing for the salaries and allowances of civil and other officers of the Government of Canada
9. Beacons, Buoys, Lighthouses, and Sable Island
10. Navigation and Shipping
11. Quarantine and Establishment and Maintenance of Marine Hospitals
12. Sea Coast and Island Fisheries
13. Ferries between any province and any British or Foreign Country or between two provinces
14. Currency and Coinage
15. Banking, Incorporation Banking, and the issue of paper money
16. Savings Banks
17. Weights and Measures
18. Bills of Exchange and Promissory Notes
19. Interest
20. Legal Tender
21. Bankruptcy and Insolvency
22. Patents of Invention and Discovery
23. Copyrights
24. Indians, and Lands reserved for the Indians
25. Naturalization and Aliens
26. Marriage and Divorce
27. The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, but including the Procedure of Criminal Matters
28. The Establishment, Maintenance and Management of Penitentiaries
29. Such classes of subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces
And any Matter coming within any of the Classes of Subjects enumerated in this Section shall not be deemed to come within the Class of Matters of a local or private Nature comprised in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
Exclusive Powers of Provincial Legislatures
92. In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say,
1. The Amendment from Time to Time, notwithstanding anything in this Act, of the Constitution of the Province, except as regards the Office of the Lieutenant Governor
2. Direct taxation within the Province in order to the raising of a Revenue for Provincial purposes
3. The borrowing of money on the sole credit of the province
4. The Establishment and Tenure of Provincial Offices and the Appointment and Payment of Provincial Officers
5. The Management and Sale of the Public Lands belonging to the Province and of the Timber and Wood therein
6. The Establishment, Maintenance and Management of Public and Reformatory Prisons in and for the Province
7. The Establishment, Maintenance and Management of Hospitals Asylums, Charities, and Eleemosynary Institutions in and for the Province, other than Marine Hospitals.
8. Municipal Institutions in the Province
9. Shop, Saloon, Tavern, Auctioneer, and other licenses in order to for the raising of a Revenue for Provincial, Local or Municipal Purposes
10. Works and Undertakings other than such as are of the following Classes:
(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:
(b) Lines of Steam Ships between the Province and any British or Foreign Country:
(c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.
11. The Incorporation of Companies and Provincial Objects
12. The Solemnization of Marriage in the Province
13. Property and Civil Rights in the Province
14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and Criminal Jurisdiction, and including Procedure in Civil Matters in those courts.
15. The Imposition of Punishment by Fine, Penalty, or Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any Classes of Subjects enumerated in this Section
16. Generally all matters of a merely local or private Nature in the Province.
Energy and Renewable Resources (92A), Education (93), Old Age Pensions (94) and Agriculture and Immigration (95) are long-winded and complicated but can be found here (http://laws-lois.justice.gc.ca/eng/const/page-4.html)
Miscellaneous Provisions
109. All Lands, Mines, Minerals, and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the Union, and all Sums then due or payable for such Lands, Mines, Minerals, or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any Interest other than that of the Province in the same.
121. All Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.
125. No Lands or Property belonging to Canada or any Province shall be liable to Taxation.
132. The Parliament and Government of Canada shall have all Powers necessary or proper for performing the Obligations of Canada or of any Province thereof, as Part of the British Empire, towards Foreign Countries, arising under Treaties between the Empire and such Foreign Countries.
Marginal note: Use of English and French Languages
133. Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.
The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.
Thought it might be interesting for non-Canadians to see how we divide up the powers of Government based on the Constitution Act, 1867. Also, you'll note that there are certain parts that are fairly antiquated such as section 132 where we are "Part of the British Empire" with treaties with the "Empire" (which explains why we went to war a couple times when we really weren't 100% sold on it). I cut out some of the more boring portions of this section of our constitution, which are basically about our waters and canals considered property of the Government of Canada.
So, what do you think? How does this compare to the US Constitution when it comes to Federal versus State powers? I'm probably going to post another on the Bill of Rights versus our Charter of Rights and Freedoms. Takes time - I copied most of this out of my Constitutional law textbook, the rest from the source I cited further above which is a Government of Canada site.