Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
[1] The long title is "An Act for the Union of Canada, Nova Scotia and New Brunswick, and the Government Thereof; and for Purposes Connected Therewith."
[3] In New Brunswick Broadcasting Co. v. Nova Scotia,[4] the leading Canadian case on parliamentary privilege, the Supreme Court of Canada grounded its 1993 decision on the preamble.
Section 2, repealed in 1893, originally stated that all references to the Queen (then Victoria) equally apply to all her heirs and successors.
To the extent the pre-Confederation statutory powers now came within federal jurisdiction, they could be exercised by the Governor General, either with the advice of the Privy Council or alone.
Section 14 allows the Governor General to appoint deputies to exercise their powers in various parts of Canada.
The composition of the Commons, under Section 37, consists of 308 members: 106 for Ontario, 75 for Quebec, 11 for Nova Scotia, 10 for New Brunswick, 14 for Manitoba, 36 for British Columbia, 4 for Prince Edward Island, 28 for Alberta, 14 for Saskatchewan, 7 for Newfoundland and Labrador, 1 for Yukon, 1 for the Northwest Territories, and 1 for Nunavut.
Section 87 extends the rules regarding speakers, by-elections, quorum, etc., as set for the federal House of Commons to the legislatures of Ontario and Quebec.
Section 90 extends the provisions regarding money votes, royal assent, reservation and disallowance, as established for the federal Parliament to the provincial legislatures but with the governor general in the role of the Queen-in-Council.
Section 91 authorizes Parliament 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".
Although the text of the act appears to give Parliament residuary powers to enact laws in any area that has not been allocated to the provincial governments, subsequent Privy Council jurisprudence held that the "peace, order, and good government" power is in a delimited federal competency like those listed under section 91 (see e.g. AG Canada v AG Ontario (Labour Conventions), [1937] AC 326 (PC)).
In 2019, the Saskatchewan Court of Appeal sided with the federal government in a 3–2 split on the Greenhouse Gas Pollution Pricing Act, allowing an expansion of the federal government's taxation power over the provinces in the wake of the climate change crisis,[6] concurrently as Parliament joined with other national legislatures in declaring that the nation was in a "climate emergency" on 17 June.
[7] In Grant Huscroft's dissenting opinion on the Court of Appeal for Ontario, he provides that "counsel for Canada conceded that the act was not passed on the basis that climate change constitutes an emergency".
[10] This empowered the Canadian government to act as if the treaties between the Indigenous peoples and the British Crown preceding Confederation did not exist.
As a matter of policy dating back to Confederation, the federal government has delegated the prosecutorial function for almost all criminal offences to the provincial Attorneys General.
Crown Prosecutors appointed under provincial law thus prosecute almost all Criminal Code offences across Canada.
In practice, this power has been read broadly to give the provinces authority over numerous matters such as professional trades, labour relations, and consumer protection.
There are also several instances of overlap in laws relating to marriage and divorce, which in most cases is solved through interjurisdictional immunity.
Section 92(10) allows the federal government to declare any "works or undertakings" to be of national importance, and thereby remove them from provincial jurisdiction.
Sections 93 and 93A give the Provincial Provinces power over the competency of education, but there are significant restrictions designed to protect minority religious rights.
This is due that it was created during a time when there was a significant controversy between Protestants and Catholics in Canada over whether schools should be parochial or non-denominational.
This power includes the creation of both the superior courts, both of original jurisdiction and appeal, as well as inferior tribunals.
Section 96 authorizes the federal government to appoint judges for "the Superior, District, and County Courts in each Province".
Historically, this section has been interpreted as providing superior courts of inherent jurisdiction with the constitutional authority to hear cases.
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).
The final step assesses the context of the tribunal's exercise of power and looks to see if there are any further considerations to justify its encroachment upon the superior court's jurisdiction.
The inquiry must begin by determining whether the enabling legislation gives explicit authority to apply the law.
This can be found by examining the text of the act, its context, and the general nature and characteristics of the adjudicative body.
Section 132 gives the federal Parliament the legislative power to implement treaties entered to by the British government on behalf of the Empire.
Interpretation of this section has found that this provision requires that all statutes and delegated legislation be in both languages and be of equal force.