Section 92(13) of the Constitution Act, 1867
Section 92(13) of the Constitution Act, 1867, also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on:
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13. Property and Civil Rights in the Province. |
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In this context, "civil rights" are different from what are generally known as civil liberties. Instead, it refers to tortious and contractual rights. This power is generally balanced against the federal trade and commerce power under section 91(2) and the criminal law power under section 91(27).
It is the most powerful and expansive of the provincial constitutional provisions. The related provincial power over matters of a "local or private nature in the province" under 92(16), originally intended as a broad residual power, has generally been overlooked for property and civil rights in its place.
In practice, this power has been read broadly giving the provinces authority over numerous matters related to property rights and rights in civil law, including contractual rights,[1] labour relations, professions,[2] intraprovincial marketing schemes,[3] advertising,[4] trading in securities,[5] manufacturing,[6] and industry.[7]
[edit] Notes
- ^ Citizen's Insurance Co. v. Parsons (1881)
- ^ Law Society of British Columbia v. Mangat (2001)
- ^ Carnation Co. v. Quebec Agricultural Marketing Board (1968)
- ^ Attorney General of Quebec v. Kellogg's Co. of Canada(1978)
- ^ Multiple Access Ltd. v. McCutcheon (1982)
- ^ Reference re Agricultural Products Marketing Act (1978)
- ^ R. v. Eastern Terminal Elevator Co. (1935)
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