Section 92A of the ''Constitution Act, 1867'' (french: article 92A de la Loi constitutionnelle de 1867) is a provision of the

Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...

relating to provincial jurisdiction over natural resources. It was added to the ''Constitution Act, 1867'' in 1982, as part of the

Patriation Patriation is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982. The process was necessary because under the Statute of Westminster 1931, with Canada's agreement at the time, the Parliament o ...

of the Constitution. The ''

Constitution Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...

'' is the constitutional statute which established

Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...

. Originally named the ''

British North America Act, 1867 The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...

'', 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 ''

'' is part of the

and thus part of the supreme law of

. It was the product of extensive negotiations by the governments of the

British North America British North America comprised the colonial territories of the British Empire in North America from 1783 onwards. English overseas possessions, English colonisation of North America began in the 16th century in Newfoundland (island), Newfound ...

n provinces in the 1860s. The Act sets out the constitutional framework of Canada, including the structure of the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...

and the powers of the federal government and the provinces. Originally enacted in 1867 by the

British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy ...

under the name the ''British North America Act, 1867'', in 1982 the Act was brought under full Canadian control through the

of the Constitution, and was re-named the ''

''. Since

, the Act can only be amended in Canada, under the amending formula set out in the ''

Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...

''.

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

agreement in 1982. The provision was in response to two decisions of the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

in the 1970s, which limited the ability of the provinces to regulate the use of their natural resources. Section 92A was enacted by the ''Constitution Act, 1982'' as an amendment to the ''Constitution Act, 1867''.

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.''Constitution Act, 1982'', s. 51.
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References

{{Reflist Constitution of Canada Canadian Confederation Federalism in Canada 1982 in Canadian law Constitutional amendments