Extent of Jurisdiction
The Judicial Committee of the Privy Council held that:
- "These works are physical things not services."
- "'Undertaking' is not a physical thing but is an arrangement under which of course physical things are used."
A work or undertaking will be under federal control under section 92(10) where it is connecting the province with something outside of the province. This does not mean that physical connection is sufficient. An 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 and radio broadcasting. In the latter case, radio broadcasting was held to have no provincial dimension, and was therefore exclusively a federal matter. That has since been extended to include television and cable television.
Read more about this topic: Section 92(10) Of The Constitution Act, 1867
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