Section 91 of the Constitution Act, 1867

Section 91 of the Constitution Act, 1867 grants the Parliament of Canada its basic legislative authority.^[1] It reads as follows:

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, —

1. Repealed.

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.

19. Interest.

20. Legal Tender.

21. Bankruptcy and Insolvency.

22. Patents of Invention and Discovery.

23. Copyrights.

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.

References

↑ "Section 91, Constitution Act, 1867".

Constitution of Canada

List of Constitutional Documents

Pre-Confederation constitutional documents

Iroquois constitution Mi'kmaq constitution Constitution of New France Royal Proclamation of 1763 Quebec Act of 1774 Constitutional Act of 1791 Declaration of Independence of Lower Canada (1838) Report on the Affairs of British North America (1839) Act of Union 1840

Confederation

Constitution Act, 1867

Powers under Section 91	Peace, order, and good government Trade and commerce Criminal law Matters excepted from s. 92

Powers under Section 92	Licensing Works and undertakings Property and civil rights Administration of justice Fines and penalties for provincial laws Matters of a local or private nature

Amendments and other constitutional documents 1867–1982

British North America Acts, 1867–1982 Manitoba Act, 1870 Alberta Act, 1905 Saskatchewan Act, 1905 Statute of Westminster, 1931 Newfoundland Act, 1949

Patriation

Constitution Act, 1982

Part I – Canadian Charter of Rights and Freedoms	Preamble 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 16.1 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34

Part II – Rights of the Aboriginal peoples of Canada	35

Part III – Equalization and regional disparities	36

Part VII – General	52 59

Conventions

At Her Majesty's pleasure Cabinet collective responsibility Disallowance and reservation Equal authenticity rule Responsible government Fusion of powers Queen-in-Parliament Individual ministerial responsibility Interpellation Question Period Parliamentary privilege Parliamentary sovereignty Reserve power Royal prerogative

Constitutional debate since 1982

Triple-E Senate Meech Lake Accord Charlottetown Accord Calgary Declaration Other unsuccessful amendments

Interpretation of the Constitution

Aboriginal self-government Pith and substance Double aspect Paramountcy Living tree Implied Bill of Rights Interjurisdictional immunity Purposive theory Dialogue principle

Provincial constitutional law

Constitution of Alberta Constitution of Quebec Constitution Act (British Columbia)

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