Cecily Zamora
Canada is a country with a diverse range of provincial laws that govern its many regions. Each province has its own set of statutes and regulations, which can be accessed through various official channels, such as provincial legislative websites and databases like Lexis and Westlaw. These laws encompass a wide range of topics, including criminal trials, family law, and administrative matters. While the federal government holds exclusive jurisdiction over certain areas like criminal law and the substance of marriage and divorce, the provinces play a crucial role in the administration of justice and have the power to promulgate quasi-criminal and regulatory offences. With a complex legal system that draws influences from both common law and civil law traditions, Canada's provincial laws contribute to a dynamic and evolving legal landscape.
| Characteristics | Values |
|---|---|
| Nature of provincial laws | Include public and private acts passed by Canadian provincial governments |
| Provincial statutes | Include 10 Canadian provinces |
| Provincial statutes availability | Alberta, British Columbia, New Brunswick, Nova Scotia, and Ontario (current, revised, and historical content); Manitoba, Newfoundland and Labrador, Prince Edward Island, Quebec, and Saskatchewan (historical and revised content only) |
| Criminal law | Exclusive jurisdiction of the federal government |
| Federal territories | Follow common law |
| Indigenous territories | Do not follow common law |
| Court of Appeal for Ontario | Often looked to for guidance on many local matters of law outside the province |
| Canadian court decisions | Influenced by English and American courts |
| Areas of law | Family law, marriage and divorce, and quasi-criminal or regulatory offences |
| Provincial laws regulations | Include the Code of Penal Procedure of Quebec, Provincial Offences Act of Ontario, Summary Offences Procedure Act of Saskatchewan, and Victims of Crime Act of Saskatchewan |
| Provincial laws resources | Lexis, Westlaw, CanLII, Ontario e-Laws, and provincial legislative websites |
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What You'll Learn
Criminal law is under federal jurisdiction
Canada's constitution is its supreme law, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid. The Constitution Act, 1982 stipulates that Canada's constitution includes that act, a series of thirty Acts and orders, and any amendments to any of those Acts.
While the provinces are responsible for the administration of justice, including criminal trials within their respective provinces, they do not have the power to enact criminal laws. Criminal law in Canada falls under the exclusive legislative jurisdiction of the federal government, with the power to enact criminal law derived from section 91(27) of the Constitution Act, 1867. The federal government has enacted the Criminal Code, which is included in the Revised Statutes of Canada.
Provinces do, however, have the power to promulgate quasi-criminal or regulatory offences in various administrative and other areas, and every province has done so with myriad rules and regulations. For example, each province has its own evidence statute, governing the law of evidence in civil proceedings within the province.
Canadian courts may look to non-Canadian legal authorities for reference when there is little or no existing Canadian decision on a particular legal issue. In such cases, decisions of English and American courts are often utilized. Due to Canada's historical connection with the United Kingdom, decisions of the English Court of Appeal and the House of Lords are often considered persuasive authority and are followed. Decisions from other Commonwealth nations are also treated as persuasive sources of law in Canada.
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Provincial statutes and regulations
Canada's constitution is its supreme law, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid. The Provincial Statutes of Canada contain public and private acts passed by Canadian provincial governments.
Provincial statutes in Canada include those for ten of the Canadian provinces. These contain public and private acts passed by Canadian provincial governments. Current, revised, and historical content is available for Alberta, British Columbia, New Brunswick, Nova Scotia, and Ontario. Historical and revised content is available for Manitoba, Newfoundland and Labrador, Prince Edward Island, Quebec, and Saskatchewan.
The Revised Statutes of each province contain all the major topic areas and most of the statutes enacted by the governments in each province. These statutes do not include criminal law, as this is under the exclusive jurisdiction of the federal Parliament. However, the provinces are responsible for the administration of justice, including criminal trials within their respective provinces.
Provinces have the power to promulgate quasi-criminal or regulatory offences in various administrative and other areas, and every province has done so with myriad rules and regulations across a broad spectrum. For example, each province has its own evidence statute, governing the law of evidence in civil proceedings in the province.
Canadian provincial regulations can be accessed online from federal and provincial websites, from the Canadian Legal Information Institute (CanLII), and on subscription research platforms, such as Lexis and Westlaw.
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Contract law
Canada's contract law is composed of two parallel systems: a common law framework outside of Quebec and a civil law framework within Quebec. Outside of Quebec, Canadian contract law is derived from English contract law, though it has developed distinct characteristics since Canadian Confederation in 1867.
In common law jurisdictions, consideration is required for simple contracts but not for special contracts (contracts by deed). This means that each party to a contract is required to exchange something of value, and a gratuitous contract is not valid in Canada's common law provinces and territories. In Canada's common law provinces and territories, three components are required for the formation of a valid contract: offer, acceptance, and consideration.
In Quebec, which is a civil law jurisdiction, the regulation of the sale of goods and commercial contracts is governed primarily by the Civil Code of Quebec. The Civil Code of Quebec has provisions concerning performance in good faith and abusive, illegible, or incomprehensible clauses. While Quebecois contract law was originally derived from that of France at the time of Quebec's annexation into the British Empire, it was overhauled and codified first in the Civil Code of Lower Canada and later in the current Civil Code of Quebec.
In Canada, provincial e-commerce legislation supplements the common law and makes it acceptable for commercial contracts between businesses to be entered into electronically at the will of the parties. These contracts will be enforced as long as there has been a clear offer and acceptance.
Canadian maritime law is a distinct jurisdiction within the legislative purview of Parliament rather than provincial legislatures and is uniform across the country. Consequently, contracts of carriage, maritime insurance contracts, and other contracts related to maritime transportation are subject to a distinct legal system derived from English admiralty law.
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Copyright law
Canada's constitution is its supreme law, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid. The Canadian constitution includes the Constitution Act, 1982, a series of thirty Acts and orders, and any amendment to any of those Acts.
Copyright was only awarded if it was registered and a copy of the work deposited in the office of the registrar of the province before publication. The author or creator was required to be a resident of the province to obtain copyright under the Act, though the Act was unclear on whether the work needed to have been first published in the Province. The objective of the colonial copyright statutes was to encourage the printing of books in Canada, though this was not made explicit to avoid conflict with imperial copyright law, which was primarily designed to protect English publishers.
In 1842, the UK Parliament passed the Copyright Act, which had an immediate impact on Canada. It effectively prohibited the importation and sale of reprints of any book under British copyright printed in other countries. Previously, Canada had mostly imported books from the United States, but it was now unlawful for Canadian merchants to engage in this trade. Instead, they were required to import books under British copyright from printers in Britain, though British market prices were unaffordable for most Canadian residents. As British publishers systematically refused to license books for printing to Canadian printers, the Canadian Government questioned the responsible self-government arrangement. In 1847, Canada passed An Act to extend the Provincial Copyright Act to Persons Resident in the United Kingdom, granting British authors protection only if their works were first published in Canada.
The Copyright Act, 1921, came into force in 1924. Though Canada was no longer subject to imperial copyright law, it was closely modelled on the UK Copyright Act 1911: the term of copyright was extended to 50 years after the creator's death (but, where a work was not yet published at the time of death, its term was extended to 50 years after publication). Sound recordings were protected "as if such contrivances were musical, literary or dramatic works". In the case of an engraving, photograph, or portrait, the initial owner of the copyright was the person who commissioned the plate or other original. Any remaining rights at common law were abolished.
Between 1977 and 1985, a series of reports and proposals were issued for the reform of Canadian copyright law. Eventually, a copyright reform process was initiated in two phases. Phase one was started in 1988 and saw several amendments to the Copyright Act. Computer programs were included as works protected under copyright, the extent of moral rights was clarified, the provision for a compulsory license for the reproduction of musical works was removed, new licensing arrangements were established for orphan works in cases where the copyright owner could not be found, and rules were enacted on the formation of copyright collecting societies and their supervision by a reformed Copyright Board of Canada. Phase two of the reform took place in 1997 and saw the Copyright Act amended with a new remuneration right for producers and performers of sound recordings when their work was broadcast or publicly performed by radio stations and public places such as bars.
Copyright is the exclusive legal right to reproduce, publish, and sell a work. It applies to every original literary, dramatic, musical, and artistic work created by the author/creator using their own skill and judgment. It also applies to performer's performances, sound recordings, and communication signals.
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Provincial courts
Canada's constitution is the supreme law of the country, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid. The Provincial Statutes of Canada include Provincial Statutes for ten of the Canadian provinces. They contain public and private acts passed by Canadian provincial governments.
The Provincial Court deals with both civil and criminal trials. It also acts as an appeal court for small claims and some criminal cases originally tried in Provincial Court. The Court of Appeal hears appeals from the Provincial Court and some tribunals. It is also the appeal court for some criminal trials that take place in Provincial Court.
The provinces are responsible for the administration of justice, including criminal trials within their respective provinces, despite their inability to enact criminal laws. Provinces do have the power to promulgate quasi-criminal or regulatory offences in a variety of administrative and other areas, and every province has done so with myriad rules and regulations across a broad spectrum. For example, the Provincial Offences Act of Ontario and the Provincial Offences Act of Newfoundland and Labrador.
When there is little or no existing Canadian decision on a particular legal issue, it becomes necessary to look to a non-Canadian legal authority for reference. Decisions of English courts and American courts are often utilized. In light of the long-standing history between English law and Canadian law, the English Court of Appeal and the House of Lords are often cited as persuasive authority and are often followed.
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