Property and civil rights
Encyclopedia
In Canadian constitutional law, section 92(13) of the Constitution Act, 1867
provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil liberties, instead it refers to tortious and contractual rights. This power is generally balanced against the federal power over Trade and Commerce
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 related to civil law
, including contractal rights, labour relations, professions, intra-provincial marketing schemes, advertising, trade securities, manufacturing, and industry.
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
provides the provincial government with the exclusive authority to legislate on matters related to property and civil rights in the Province. Note that civil rights in this context is different from what is understood as civil liberties, instead it refers to tortious and contractual rights. This power is generally balanced against the federal power over Trade and Commerce
Trade and Commerce
In Canadian constitutional law, section 91 of the Constitution Act, 1867 provides the federal government with the authority to legislate on matters related to the regulation of Trade and Commerce...
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 related to civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, including contractal rights, labour relations, professions, intra-provincial marketing schemes, advertising, trade securities, manufacturing, and industry.