Legislation

• How does Canada, a federal state, divide the authority to legislate and which act allows this division of authority?

  Canada divides the authority to legislate through federal Parliament and the Provincial legislatures. The act and section that gives it the authority to legislate is:

  • ss. 91 and 92 of the Constitution Act of 1867: Given exclusive authority over certain matters and shared authority over other matters.
• What does federal parliament have the authority to legislate?

  Federal Parliament has the authority to legislate on matters for: national defence, currency, trade and commerce, patents and copyright, marriage and divorce and criminal law.
• What does provincial legislatures have the authority to legislate?

  Provincial legislatures have the authority to legislate: education, health, direct taxation and property and civil rights.
• Even when the legislature has a substantive authority over a matter, it must exercise what?

  When legislature has a substantive authority over a matter, it must exercise:

  • Parliamentary Procedure: A legislature that has substantive authority over a matter, must exercise that authority in conformity with a complex of rules and conventions.
• Statutory Delegation


  A province or Parliament, either assembly, may identify some other body or office or officer as its delegate and authorise it to legislate further on its behalf with respect to some matter.
• Statutory Instrument 


  The delegated or indirect legislation that results as regulation.