Residual power

The power conferred on the federal parliament by s. 91 of the Constitution Act, 1867, to make laws for the “Peace, Order, and good Government of Canada.” It is residual in relation to provincial governments as it is specifically limited to matters not assigned to the provincial legislatures. The provincial residual power is conferred on provincial parliaments by s. 92(16) of the Constitution Act, 1867, which gives provincial legislatures power over “all Matters of a merely local or private Nature in the Province.”

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