Section 92A of the ''Constitution Act, 1867'' () is a provision of the

Constitution of Canada The Constitution of 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 are an amalgamation of various ...

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, at the time, under the '' Statute of Westminster, 1931'', and with Canada's agreemen ...

of the Constitution. The ''

Constitution Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''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 originally enacted as the ''British North America Act, 1867'' (BNA Act), ...

'' is the constitutional statute which established

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

. Originally named the ''

British North America Act, 1867 The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''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 originally enacted as the ''British North America Act, 1867'' (BNA Act), ...

'', 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 colonisation of North America began in the 16th century in Newfoundland, then further south at Roanoke and Jamestown, ...

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

federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

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 Originally enacted in 1867 by the

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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 renamed 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'' () 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 the ''Constitution Act, 1982'' states that 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; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...

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 Act, 1867''

Text of section 92A

Purpose and interpretation

Sixth Schedule: Text

References

Further reading