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Section 92(10) of the Constitution Act, 1867 AI simulator
(@Section 92(10) of the Constitution Act, 1867_simulator)
Hub AI
Section 92(10) of the Constitution Act, 1867 AI simulator
(@Section 92(10) of the Constitution Act, 1867_simulator)
Section 92(10) of the Constitution Act, 1867
Section 92(10) of the Constitution Act, 1867, also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on:
10. Local Works and Undertakings other than such as are of the following Classes:
Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ejusdem generis limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states:
29. Such Classes of Subjects as are implicitly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
The Judicial Committee of the Privy Council held that:
A transportation or communication work or undertaking will be under government control under section 92(10) where it is extending outside of the province. This does not mean that a physical connection is necessary or that it is sufficient. What matters is the nature of the work or undertaking as a going concern. A transport or communication undertaking will be considered "connecting" where business operations extend beyond the provincial border, or has a close operational relationship with an inter-provincial undertaking
The reference to "Telegraphs" has been held to include telephones. In the Radiocommunication reference, the Judicial Committee of the Privy Council held that radiocommunication was a matter of a national scope and was therefore a matter of exclusive federal jurisdiction. Television programming has been held to be part of that jurisdiction but it is unclear whether it is so only because it is ancillary to the regulation of communications undertaking.
In general terms, works declared by the Parliament of Canada to be "for the general Advantage of Canada" or "for the Advantage of Two or more of the Provinces" tend to be part of the national infrastructure.
Section 92(10) of the Constitution Act, 1867
Section 92(10) of the Constitution Act, 1867, also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on:
10. Local Works and Undertakings other than such as are of the following Classes:
Section 92(10)(a) and (b) grants federal jurisdiction over modes of interprovincial and international transportation and communication, leaving intraprovincial transportation and communication to the provinces. The legal interpretation ejusdem generis limits the scope of the exceptions to subsection 92(10). The declaratory power conferred to the federal parliament under 92(10) c) however, applies to works of all types. The Parliament of Canada exercises authority over these three matters under section 91(29), which states:
29. Such Classes of Subjects as are implicitly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.
The Judicial Committee of the Privy Council held that:
A transportation or communication work or undertaking will be under government control under section 92(10) where it is extending outside of the province. This does not mean that a physical connection is necessary or that it is sufficient. What matters is the nature of the work or undertaking as a going concern. A transport or communication undertaking will be considered "connecting" where business operations extend beyond the provincial border, or has a close operational relationship with an inter-provincial undertaking
The reference to "Telegraphs" has been held to include telephones. In the Radiocommunication reference, the Judicial Committee of the Privy Council held that radiocommunication was a matter of a national scope and was therefore a matter of exclusive federal jurisdiction. Television programming has been held to be part of that jurisdiction but it is unclear whether it is so only because it is ancillary to the regulation of communications undertaking.
In general terms, works declared by the Parliament of Canada to be "for the general Advantage of Canada" or "for the Advantage of Two or more of the Provinces" tend to be part of the national infrastructure.