Section 92 of the Constitution Act, 1867

Section 92 of the Constitution Act, 1867 (French: article 92 de la Loi constitutionnelle de 1867) is a provision in the Constitution of Canada that sets out the legislative powers of the legislatures of the provinces of Canada.

The dynamic tension between these two sets of legislative authority is generally known as the "division of powers".

The interplay between the two lists of powers have been the source of much constitutional litigation since Confederation of Canada in 1867.

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 of the Classes of Subjects enumerated in this Section.

Section 92 is found in Part VI of the Constitution Act, 1867, dealing with the distribution of legislative powers between the federal and provincial governments.

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.

The exception with regard to the office of the Lieutenant Governor is now found in s. 41 of the Constitution Act, 1982.

In the late 19th century and early 20th century, the Judicial Committee of the Privy Council, the highest appellate body of the British Empire, issued a series of decisions which expanded provincial powers at the expense of federal powers.