Powers of the National and Provincial Governments
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The national Parliament has power “to make laws for the peace, order and good government of Canada,” except for “subjects assigned exclusively to the legislatures of the provinces.” The provincial legislatures have power over direct taxation in the province for provincial purposes, natural resources, prisons (except penitentiaries), charitable institutions, hospitals (except marine hospitals), municipal institutions, licences for provincial and municipal revenue purposes, local works and undertakings (with certain exceptions), incorporation of provincial companies, solemnization of marriage, property and civil rights in the province, the creation of courts and the administration of justice, fines and penalties for breaking provincial laws, matters of a merely local or private nature in the province, and education (subject to certain rights of the Protestant and Roman Catholic minorities in some provinces).
The provincial legislatures have the constitutional right of direct taxation
for areas under provincial jurisdiction, such as education.
Subject to the limitations imposed by the Constitution Act, 1982, the provinces can amend their own constitutions by an ordinary Act of the legislature. They cannot touch the office of Lieutenant-Governor; they cannot restrict the franchise or qualifications for members of the legislatures or prolong the lives of their legislatures except as provided for in the Canadian Charter of Rights and Freedoms.
Of course the power to amend provincial constitutions is restricted to changes in the internal machinery of the provincial government. Provincial legislatures are limited to the powers explicitly given to them by the written constitution. So no provincial legislature can take over powers belonging to the Parliament of Canada. Nor could any provincial legislature pass an Act taking the province out of Canada. No such power is to be found in the written constitution, so no such power exists.
Similarly, of course, Parliament cannot take over any power of a provincial legislature.
Parliament and the provincial legislatures both have power over agriculture and immigration, and over certain aspects of natural resources; but if their laws conflict, the national law prevails.
Parliament and the provincial legislatures also have power over old age, disability and survivors’ pensions; but if their laws conflict, the provincial power prevails.
