Section 95 of the Constitution Act, 1867

[7]Section 95 is found in Part VI of the Constitution Act, 1867, dealing with distribution of legislative powers.

Because both subject matters could have wide-ranging effect, they were assigned to both levels of government on a concurrent basis, rather than the exclusivity principle which applies to the lists of federal powers set out in section 91 of the Constitution Act, 1867, and the provincial powers set out in section 92.

[8]: 301–303 There has not been a great deal of litigation involving the scope of the federal and provincial immigration powers.

As well, there were nineteen cases where the federal government disallowed provincial laws relating to immigration.

[8]: 304–307 Section 91(25) of the Constitution Act, 1867 gives the federal Parliament exclusive jurisdiction over "Naturalization and Aliens".