Section 92A of the Constitution Act, 1867 explained

See main article: Constitution Act, 1867. Section 92A of the Constitution Act, 1867 (fr|article 92A de la Loi constitutionnelle de 1867) is a provision of the Constitution of Canada relating to provincial jurisdiction over natural resources. It was added to the Constitution Act, 1867 in 1982, as part of the Patriation of the Constitution.

The Constitution Act, 1867 is the constitutional statute which established Canada. Originally named the British North America Act, 1867, the Act continues to be the foundational statute for the Constitution of Canada, although it has been amended many times since 1867. It is now recognised as part of the supreme law of Canada.

Constitution Act, 1867

The Constitution Act, 1867 is part of the Constitution of Canada and thus part of the supreme law of Canada.^[1] It was the product of extensive negotiations by the governments of the British North American provinces in the 1860s.^{[2] [3]} The Act sets out the constitutional framework of Canada, including the structure of the federal government and the powers of the federal government and the provinces. Originally enacted in 1867 by the British Parliament under the name the British North America Act, 1867,^[4] in 1982 the Act was brought under full Canadian control through the Patriation of the Constitution, and was re-named the Constitution Act, 1867.^[5] Since Patriation, the Act can only be amended in Canada, under the amending formula set out in the Constitution Act, 1982.^[6]

Text of section 92A

Section 92A reads:

Section 92A is found in Part VI of the Constitution Act, 1867, dealing with the distribution of legislative powers. It was added to the Constitution Act, 1867 in 1982, by the Constitution Act, 1982, and has not been amended since its enactment.

Purpose and interpretation

Section 92A was added to the Constitution Act, 1867 at the insistence of the provinces of Saskatchewan and Alberta, as part of the Patriation agreement in 1982.^[7] The provision was in response to two decisions of the Supreme Court of Canada in the 1970s, which limited the ability of the provinces to regulate the use of their natural resources.^[8]

Notes and References

1. https://laws.justice.gc.ca/eng/const/section-52.html#h-59''Constitution Act, 1982, s. 52(1).
2. Donald Creighton, The Road to Confederation (Toronto: Macmillan Publishing, 1864; revised ed., Oxford, Oxford University Press, 2012.)
3. Christopher Moore, 1867 — How the Fathers Made a Deal (Toronto: McClelland & Stewart, 1997).
4. https://www.legislation.gov.uk/ukpga/1867/3/pdfs/ukpga_18670003_en.pdf British North America Act, 1867, 30 & 31 Victoria, c. 3 (UK).
5. https://laws-lois.justice.gc.ca/eng/const/section-52.html#h-59''Constitution Act, 1982, s. 52, s. 53, and Schedule, Item 1.
6. https://laws.justice.gc.ca/eng/const/page-13.html#h-57 Constitution Act, 1982, Part V.
7. https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1901&context=ohlj Robert D. Cairns, Marsha A. Chandler, and William D. Moull, "The Resource Amendment (Section 92A) and the Political Economy of Canadian Federalism" (1985) 23 Osgoode Hall Law Journal 253, at pp. 263–266.
8. https://laws.justice.gc.ca/eng/const/page-13.html#h-58 Constitution Act, 1982, s. 50.
9. https://laws-lois.justice.gc.ca/eng/const/page-13.html#h-58 Constitution Act, 1982, s. 51.
10. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2639/index.do Central Canada Potash Co. Ltd. et al. v. Government of Saskatchewan, [1979<nowiki>] 1 SCR 42.] Section 92A was enacted by the Constitution Act, 1982 as an amendment to the Constitution Act, 1867.^[8]

    Sixth Schedule: Text

    The term "primary production" used in s. 92A is defined by the Sixth Schedule to the Constitution Act, 1867. It reads as follows:

    Like section 92A, the Sixth Schedule was added as an amendment in 1982.^[9]

    Further reading

    • Michael Howlett, "The Politics of Constitutional Change in a Federal System: Negotiating Section 92A of the Canadian Constitution Act (1982)", Publius: The Journal of Federalism, 21 (Winter 1991), 121–142.
11. https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/6080/index.do Canadian Industrial Gas & Oil Ltd. v. Government of Saskatchewan, [1978<nowiki>] 2 SCR 545.]^[8]