A Pas De Deux : Pas de deux : la répartition des pouvoirs législatifs entre le fédéral et les provinces aux articles 91 et 92 de la Loi constitutionnelle de 1867

The division of legislative powers between the federal Parliament and the provinces found in sections 91 and 92 of the Constitution Act, 1867 can be understood as such a dance, where each partner has a sphere of legislative competence, yet interaction and cooperation are required for the federation to succeed. [...] This publication provides information on the division of federal and provincial powers by exploring relevant provisions of the Constitution Act, 1867 and by outlining the role of the courts in negotiating this division. [...] These resolutions dealt in particular with the distribution of powers between a new federal Parliament and the provinces, the number of seats each province would have in a federal legislature, the financial structure of the new government, and the method and frequency of federal elections. [...] Of note, default legislative power, also known as residuary power, would belong to the federal Parliament (unlike in the United States or Australia, where the default power belongs to the states).7 The decision of delegates (now called the “Fathers of Confederation”) at the Charlottetown and Québec conferences to opt for a federal system in Canada came as the result of compromise. [...] The spending power forms the basis for federal grants to the provinces and allows Parliament to spend funds outside of its areas of legislative authority.10 3.2 PROVINCIAL HEADS OF POWER: SECTION 92 Section 92 of the Constitution Act, 1867 sets out the provincial heads of power.