CHAPTER 1 Risk Management and Sources of Law 11
For For Constitution Act 1867,
sections 91 and 92
[Sections 91 and 92 of the Constitution Act 1867 determine the legislative competence of the two levels of
government: federal and provincial/territorial. Each level of government is entitled to create laws only
within its areas of authority. If a government attempts to go outside of those areas, its actions will be ultra
vires(“beyond the powers”) and void. Notice that section 91 gives the federal government legislative juris-
diction “in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclu-
sively to the Legislatures of the Provinces.” Consequently, in addition to having authority within the areas
mentioned in s 91, the federal government also has authority in any other areas that are not given to the
provincial governments under s 92.]
Constitution Act 1867 DISTRIBUTION OF LEGISLATIVE POWERS POWERS OF THE PARLIAMENT 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,
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 Of ficers of the Government of
9. Beacons, Buoys, Lighthouses, and Sable Island.
10. Navigation and Shipping.
11.Quarantine and the Establishment and Maintenance of Marine Hospitals.
12.Sea Coast and Inland Fisheries.
13. Ferries between a Province and any British or Foreign Country or between Two Provinces.
14. Currency and Coinage.
15. Banking, Incorporation of Banks, and the Issue of Paper Money.
16. Savings Banks.
17. Weights and Measures.
18.Bills of Exchange and Promissory Notes.
20. Legal Tender.
21.Bankr uptcy and Insolvency.
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22. Patents of Invention and Discovery.
24. Indians, and Lands reserved for the Indians.
25. Naturalization and Aliens.
26. Marriage and Divorce.