VI. 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 Officers of the Government of Canada.
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. Bankruptcy and Insolvency.
22. Patents of Invention and Discovery.
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 in 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
92. In each Province the Legislature may exclusively
make Laws in relation to Matters coming within the Classes of
Subject next hereinafter enumerated; that is to say,--
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 thereon.
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 Licences in order to the
raising of a Revenue for Provincial, Local, or Municipal Purposes.
10. Local Works and Undertakings other than such as
are of the following Classes:--
(a) Lines of Steam or other Ships,
Railways, Canals, 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
the 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
11. The Incorporation of Companies with Provincial
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 of Criminal
Jurisdiction, and including Procedure in Civil Matters in
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 of the
Classes of Subjects enumerated in this Section.
16. Generally all Matters of a merely local or
private Nature in the Province.
Non-Renewable Natural Resources, Forestry
Resources and Electrical Energy.
92A. (1) In each province, the legislature may
exclusively make laws in relation to
(a) exploration for non-renewable natural
resources in the province;
(b) development, conservation and management
of non-renewable resources natural resources and forestry
resources in the province, including laws in relation to
the rate of primary production therefrom; and
(c) development, conservation and management
of sites and facilities in the province for the
generation and production of electrical energy.
(2) In each province, the legislature may make laws in
relation to the export from the province to another part of
Canada of the primary production from non-renewable natural
resources and forestry resources in the province and the
production from facilities in the province for the generation of
electrical energy, but such laws may not authorize or provide for
discrimination in prices or in supplies exported to another part
(3) Nothing in subsection (2) derogates from the authority of
Parliament to enact laws in relation to the matters referred to
in that subsection and, where such a law of Parliament and a law
of a province conflict, the law of Parliament prevails to the
extent of the conflict.
(4) In each province, the legislature may make laws in
relation to the raising of money by any mode or system of
taxation in respect of
(a) non-renewable natural resources and forestry resources in the
province and the primary production therefrom, and
(b) sites and facilities in the province for the generation of
electrical energy and the production therefrom,
whether or not such production is exported in whole or in
part from the province, but such laws may not authorize or
provide for taxation that differentiates between production
exported to another part of Canada and production not exported
from the province.
(5) The expression "primary production" has the
meaning assigned by the Sixth Schedule.
(6) Nothing in subsections (1) to (5) derogates from any
power or rights that a legislature or government of a province
had immediately before the coming into force of this section.
93. In and for each Province the Legislature may
exclusively make Laws in relation to Education, subject and
according to the following Provisions:--
(1) Nothing in any such Law shall prejudicially affect any
Right or Privilege with respect to Denominational Schools which
any Class of Persons have by Law in the Province at the Union:
(2) All the Powers, Privileges and Duties at the Union by Lawconferred and imposed in Upper Canada on the Separate Schools and
School Trustees of the Queen's Roman Catholic Subjects shall be
and the same are hereby extended to the Dissentient Schools of
the Queen's Protestant and Roman Catholic Subjects in Quebec:
(3) Where in any Province a System of Separate or Dissentient
Schools exists by Law at the Union or is thereafter established
by the Legislature of the Province, an Appeal shall lie to the
Governor General in Council from any Act or Decision of any
Provincial Authority affecting any Right or Privilege of the
Protestant or Roman Catholic Minority of the Queen's Subjects in
relation to Education:
(4) In case any such Provincial Law as from Time to Time
seems to the Governor General in Council requisite for the
Execution of the Provisions of this Section is not made, or in
case any Decision of the Governor General in Council on any
Appeal under this Section is not duly executed by the proper
Provincial Authority in that Behalf, then and in every such Case,
and as far as the Circumstances of each Case require, the
Parliament of Canada may make remedial Laws for the due Execution
of the Provisions of this Section and of any Decision of the
Governor General in Council under this Section.
93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec.
Uniformity of Laws in Ontario, Nova Scotia
and New Brunswick.
94. Notwithstanding anything in this Act, the
Parliament of Canada may make Provision for the Uniformity of all
or any of the Laws relative to Property and Civil Rights in
Ontario, Nova Scotia, and New Brunswick, and of the Procedure of
all or any of the Courts in Those Three Provinces, and from and
after the passing of any Act in that Behalf the Power of the
Parliament of Canada to make Laws in relation to any Matter
comprised in any such Act shall, notwithstanding anything in this
Act, be unrestricted; but any Act of the Parliament of Canada
making Provision for such Uniformity shall not have effect in any
Province unless and until it is adopted and enacted as Law by the
Old Age Pensions.
94A. The Parliament of Canada may make laws in
relation to old age pensions and supplementary benefits,
including survivors, and disability benefits irrespective of age,
but no such law shall affect the operation of any law present or
future of a provincial legislature in relation to any such
Agriculture and Immigration.
95. In each Province the Legislature may make Laws in
relation to Agriculture in the Province, and to Immigration into
the Province; and it is hereby declared that the Parliament of
Canada may from Time to Time Make Laws in relation to Agriculture
in all or any of the Provinces, and to Immigration into all or
any of the Provinces; and any Law of the Legislature of a
Province relative to Agriculture or to Immigration shall have
effect in and for the Province as long and as far as it is not
repugnant to any Act of the Parliament of Canada.
Constitution Act 1867