User:P.Rentheses/Division of Powers Analysis

In Canada, a division of powers analysis determines whether legislation enacted by Parliament or the provinces is validly enacted under the Constitution.

Legislation only has the force of law if it's empowered by the Constitution. The Constitution divides legislative power differently by assigning different sets of subjects on which Parliament and the provinces can legislate. Aeronautics is assigned to Parliament, for example, while hospitals are assigned to the provinces. If Parliament passed a law that usurped provincial jurisdiction over hospitals, that legislation would lack the force of law because it's ultra vires - outside Parliament's allocated powers.

Analyzing the constitutional validity of a piece of legislation is a two-step process (GGPPA, para. 47). First, the legislation's pith and substance (its dominant characteristic or true character) must be identified. Second, the relevant head of power is identified.

Sub-pages /Peace, Order, and Good Government