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The division of powers is a constitutional principle outlined in sections 91 and 92 of the Constitution Act, 1867. The division of powers is the attempt to clearly demarcate responsibility for certain powers to the federal and provincial levels of government. Section 91 enumerates the exclusive federal powers, while section 92 outlines the exclusive provincial powers. These lists are not exhaustive but provide a general framework for delineating the jurisdiction of each level of government.

Under the division of powers, the federal government is responsible for issues of national concern and matters that affect the country as a whole. This includes areas such as defense, foreign affairs, trade and commerce, criminal law, bankruptcy and insolvency, and the postal service. The federal government also has the authority to make laws for the “peace, order, and good government” of Canada, which allows it to legislate on matters not specifically assigned to the provinces.

On the other hand, the provincial governments have jurisdiction over areas that affect their respective provinces. This includes powers related to property and civil rights, healthcare, education, natural resources, and matters of local concern. Provinces have the authority to make laws for the “peace, order, and good government” of their own territories, which allows them to legislate on issues within their jurisdiction.