SECTION 92A OF THE CONSTITUTION ACT, 1867

Authors

  • WILLIAM D MOULL

Abstract

Section 92A, the "resource amendment", was added to the Constitution Act; 1867 (formerly called the British North America Act, 1867) on April 17th, 1982 as part of the federal government's patriation package. It received far less publicity than the other elements of that package, particularly the Canadian Charter of Rights and Freedoms. Yet it may have significant implications for the future development of natural resources in Canada, especially in the western provinces, and for the ongoing process of federal-provincial relations. In this article, the author analyzes the scope and potential effect of the various provisions of section 92A in relation to provincial powers of indirect taxation and control of resource development, and attempts to assess the impact of section 92A by applying its provisions to the two recent decisions of the Supreme Court of Canada of significance in this area, CIGOL and Central Canada Potash.

Keywords:

Constitutional Law

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Published

1983-12-01

Issue

Section

Legal Commentary

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