Section 92(10) of The Constitution Act, 1867

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 the authority to legislate on:

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10. Local Works and Undertakings other than such as are of the following Classes:

(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province;
(b) Lines of Steam Ships between the Province and any British or Foreign Country;
(c) Such Works as, although wholly situate within the Province, are before or after their Execution 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.
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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. Section 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:

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29. Such Classes of Subjects as are expressly excepted in the Enumeration of the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces.

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Read more about Section 92(10) Of The Constitution Act, 1867:  Extent of Jurisdiction, Declaratory Power Under Section 92(10)(c)

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