(Eastern) Limited and others, Attorney General of Alberta v Attorney General of Canada, Reference re Supreme Court Act, ss. Section 95 of the Constitution Act, 1867 also provides that agriculture is under the concurrent jurisdiction of Parliament and the provincial legislatures and that federal laws take precedence in case of conflict. The federal government levied an income tax for the first time in 1917. This process was dominated by John A. Macdonald, who joined British officials in attempting to make the federation more centralized than that envisaged by the Resolutions.[4]. Like their provincial counterparts, these are regional governments, which are responsible for enacting and implementing laws within their particular territorial area. The Millennium Scholarship Fund, introduced by the Liberal federal government in 1998, is a perfect example in this context. Ferries (interprovincial/ international) 12. Public works are the property of the federal Crown, and natural resources are within the purview of the provinces. Section 91 of the Act states the federal government may raise revenues by any mode or system of taxation. The colonies were the Province of Canada, New Brunswick, Nova Scotia, Newfoundland, Prince Edward Island and British Columbia. A centralist view of federalism, with certain qualifications, was expressed in the 1940 report of the Royal Commission on Dominion-Provincial Relations (the
This power also enables the provinces to pass legislation respecting health insurance and workplace health and safety, except in federally regulated workplaces.62, As for Parliament, its exclusive health-related jurisdiction is limited to “Quarantine and the Establishment and Maintenance of Marine Hospitals” under section 91(11) of the Constitution Act, 1867. Grants to universities were replaced by subsidies to the provinces. the Accord in June 1990. The men who would become known as the Fathers of Confederation oversaw the creation of a federation which protected the rights of Quebec's Francophone population - which was determined to preserve its language, its religion and its law - and allowed for the use of both French and English in the federal Parliament, the Legislative Assembly of Quebec, and the federal courts. Other powers have been interpreted more narrowly, such as Parliament’s general power to regulate commerce (see below). To that extent, the exercise of that power amounts to a temporary, "The extraordinary nature and the constitutional features of the emergency power of Parliament dictate the manner and form in which it should be invoked and exercised. Parliament cannot enter the normally forbidden area of provincial jurisdiction unless it gives an unmistakable signal that it is acting pursuant to its extraordinary power. Eugene Forsey, David Lewis, Bora Laskin and Pierre Trudeau. As discussed in the previous section, the Canadian Constitution sets out the powers and jurisdictions of each level of government; that is, the areas in which the federal government and provinces may legally pass laws. (See Disallowance.) First, it briefly describes the provisions of the Constitution Act, 1867 that concern legislative powers. In addition, jurisdiction over some means of communication and modes of transport was assigned to a particular level of government or to both under specific powers. Still, it is important to note that these powers are limited on reserves and lands where Indigenous peoples have title.26, The provinces can generally legislate in relation to natural resources under their powers regarding taxation,27 local works and undertakings,28 property and civil rights in the province,29 and matters of a merely local or private nature in the province.30 In 1982, section 92A was added to the Constitution Act, 1867, expanding the areas of exclusively provincial jurisdiction to include exploration for non-renewable natural resources in the province; development, conservation and management of non renewable resources and forestry resources in the province; and development, conservation and management of sites and facilities in the province for the generation and production of electricity.31.