Anaya Nolan
Canada's federal laws are a complex web of acts and regulations that govern the country's functions. The Constitution Act of 1867, previously known as the British North America Act, forms the basis of Canada's legal system, dividing powers between federal and provincial governments. The federal government holds jurisdiction over criminal law, trade, commerce, banking, and immigration, while matters of property and civil rights are largely under provincial jurisdiction. The federal government also has the power to make laws necessary for Canada's peace, order and good government. When changes are made to existing laws, the federal government creates amending acts or regulations, which are published in the Annual Statutes and available on the Justice Laws Website, alongside the original acts.
| Characteristics | Values |
|---|---|
| Basis of governance | Parliamentary precedent |
| Powers | Divided between federal and provincial governments |
| Judiciary | Interprets laws and can strike down Acts of Parliament that violate the constitution |
| Highest court | Supreme Court of Canada |
| Criminal law | Under federal jurisdiction and uniform throughout Canada |
| Law enforcement | Provincial responsibility, conducted by provincial and municipal police forces |
| Policing in rural and some urban areas | Federal Royal Canadian Mounted Police |
| Indigenous law | Recognizes rights to land and traditional practices for Indigenous groups |
| Constitutional conventions | Not law, but courts may recognize them in their rulings |
| Matters under federal jurisdiction | Criminal law, trade and commerce, banking, immigration |
| Matters under provincial jurisdiction | Property and civil rights, natural resources, hospitals, municipalities, education |
| Federal government's residual power | To make laws necessary for Canada's "peace, order and good government" |
| Federal law changes | Often made through "amending" Acts or regulations |
| Official source of federal consolidated Acts and regulations | Justice Laws Website |
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What You'll Learn
Criminal law
The Constitution Act, 1867, outlines the powers of the provincial and federal governments, with Section 91 empowering Parliament to make laws for the peace, order, and good government of Canada in relation to all matters not within the jurisdiction of the provinces. The Act also specifies that provinces are in charge of imposing punishments, such as fines or imprisonment, for enforcing their laws.
The criminal law system in Canada has its roots in the criminal law of England, which was in force before Confederation. After Confederation, the British North American Act (now the Constitution Act, 1867) transferred the power to amend criminal laws to the federal government. The Criminal Procedure Act, enacted by Parliament, formed the basis for much of today's criminal procedure.
There are two levels of crime in Canada. The first level includes crimes defined by the Criminal Code and other statutes, such as murder, assault, theft, fraud, and property crimes like arson. These are federal-level crimes. The second level includes infractions of regulations, such as speeding, not licensing a pet, or serving liquor without a license, which are usually provincial or municipal regulatory offenses.
While law enforcement and criminal courts are officially a provincial responsibility, conducted by provincial and municipal police forces, provinces and municipalities support the federal system by helping to enforce the law.
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Trade and commerce
Canada's trade policy is based on three mutually reinforcing priorities: supporting a robust, rules-based multilateral trading system; diversifying markets for Canadian goods, services, and investments through FTAs; and ensuring that trade benefits a wide range of people, including underrepresented groups such as women, small and medium-sized enterprises, and Indigenous Peoples. Canada actively implements this trade policy by developing and maintaining access to foreign markets, promoting Canadian interests, and expanding trade and investment.
Canada's trade policy has economic, environmental, and social implications, and impact assessments are integral to trade negotiations. The country's trade policy team, led by Global Affairs Canada, works with various partners, including federal departments, provincial and territorial governments, industry representatives, civil society, and Indigenous Peoples, to develop and implement trade policy.
Canada's trade laws include the Special Economic Measures Act (SEMA), which allows Canada to impose unilateral sanctions in response to violations of international law or human rights. The United Nations Act enables Canada to enforce decisions made by the UN Security Council in response to acts of aggression or breaches of peace. Additionally, the Freezing Assets of Corrupt Foreign Officials Act allows Canada to freeze the assets or restrain the property of certain foreign officials at the request of a country experiencing political instability.
Canada's standards for trade are coordinated by the Standards Council of Canada (SCC), which prescribes policies and procedures for developing National Standards of Canada. The SCC accredits over 400 organisations involved in standards development and ensures compliance with the WTO Agreement on Technical Barriers to Trade (TBT Agreement). The Canadian Standards Association (CSA) and UL Solutions of Canada are private sector organisations that cover a wide range of commercial goods and services. The Canadian General Standards Board (CGSB) and the Bureau de Normalisation du Québec (BNQ) address areas related to the Canadian federal government and the Québec provincial government, respectively.
Canada also faces and addresses trade barriers. For instance, U.S. companies may encounter technical barriers due to regulations specifying product characteristics, labelling, and testing requirements. Canada has also taken steps to address digital trade, such as the Online Streaming Act, which updates the country's broadcasting policy to account for digital media and prioritise Canadians' needs. Additionally, the Province of Québec adopted a law in 2021 limiting the transfer of personal data outside the province to jurisdictions with equivalent data protection regimes.
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Banking
The Office of the Superintendent of Financial Institutions (OSFI) and the Financial Consumer Agency of Canada (FCAC) are the key federal supervisory authorities responsible for regulating banks in Canada. OSFI focuses on prudential regulation, financial stability, and establishing guidelines for capital, reporting, and business practices. It also has the power to intervene in the affairs of federally regulated financial institutions to minimise losses and exposure to risk. FCAC, on the other hand, ensures consumer protection and fair market conduct, helping consumers understand their rights and addressing issues raised by them.
The Canadian Bankers Association (CBA) works with banks and law enforcement to protect Canadians against financial crimes and ensure compliance with privacy legislation, enforced by the Office of the Privacy Commissioner of Canada. The Canada Deposit Insurance Corporation (CDIC) insures bank deposits and ensures the stability of the banking system, with all deposit-accepting banks required to be CDIC members. The Financial Institutions Supervisory Committee, comprising OSFI, the Bank of Canada, the Department of Finance Canada, CDIC, and FCAC, advises the Federal Government on issues related to the Canadian financial system.
Additionally, Payments Canada, created under the Canadian Payments Act, operates the national clearing and settlement system. The Bank of Canada, owned by the Federal Government, plays a role in maintaining low inflation, promoting efficient banking systems, and regulating credit and currency. It also acts as a fiscal agent for the government. The Department of Finance Canada helps develop and implement financial sector policies and legislation, while also proposing changes to legislation governing federally regulated financial institutions.
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Immigration
Canada has had laws and regulations governing the admission of immigrants since 1869, two years after Confederation. The country's first immigration policy, the Immigration Act of 1869, contained few restrictions on immigration, focusing primarily on ensuring the safety of immigrants en route to Canada and protecting them from exploitation upon arrival.
The current primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA), which came into force in 2002, replacing the former Immigration Act of 1976. The IRPA provides broader discretion for immigration officers when evaluating applications and includes regulations such as the Protection of Passenger Information Regulations. Other relevant legislation includes the Citizenship Act and certain immigration and refugee-related provisions of the Criminal Code.
The Immigration and Refugee Protection Act outlines the responsibilities and rights of immigrants and refugees in Canada. It covers areas such as the selection criteria for foreign nationals seeking permanent resident status, the rights of sponsors living in Canada, and the role of the Minister in consulting with provincial governments on immigration and refugee protection policies. The Act also aims to enrich and strengthen the social and cultural fabric of Canadian society while respecting its federal, bilingual, and multicultural character.
Canada's immigration laws provide a pathway for individuals seeking to immigrate to the country through various programs, including those for skilled workers, family, and entrepreneurs. Applicants can apply for a visitor visa or electronic travel authorization (eTA) to travel to or transit through Canada and can also apply for work permits. Refugees are also protected under Canadian law, with any migrant claiming refugee status triggering an investigation. The Immigration and Refugee Board of Canada (IRB) hears over 25,000 claims a year, and its decisions can be appealed to the Federal Court.
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Indigenous law
Canadian Aboriginal law enforces and interprets treaties between the Crown and Indigenous people, managing much of their interaction. The Royal Proclamation of 1763 is the foundation document creating special land rights for Indigenous peoples within Canada. Section 91(24) of the Constitution Act, 1867, gives the federal parliament exclusive power to legislate matters related to "Indians, and Lands reserved for Indians". The Indian Act, passed in 1876, is the primary document that defines how the Government of Canada interacts with the First Nations bands in Canada and their members.
Indigenous or Aboriginal self-government refers to proposals to give governments representing Indigenous peoples in Canada greater powers. These proposals range from giving Aboriginal governments powers similar to those of local governments to demands that Indigenous governments be recognized as sovereign, capable of "nation-to-nation" negotiations as legal equals to the Crown.
The Government of Canada recognizes that it must uphold the honour of the Crown, which requires the federal government and its departments, agencies, and officials to act with honour, integrity, good faith, and fairness in all its dealings with Indigenous peoples. The overarching aim is to ensure that Indigenous peoples are treated with respect and as full partners in Confederation.
Recent changes are moving towards regulatory structures that give more weight to consent and consensus-building, particularly in federal and provincial environmental assessment schemes. The Impact Assessment Act focuses on ensuring that Indigenous peoples' rights, culture, and traditional knowledge are considered at the various stages of an impact assessment.
On June 21, 2021, the federal government brought into force Bill C-15, which aims to implement UNDRIP as a framework for reconciliation in Canada. An Action Plan is being developed in consultation with Indigenous Peoples, which will include measures to address injustices, combat prejudice, and eliminate all forms of violence, racism, and discrimination against Indigenous peoples.
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Frequently asked questions
Canada's constitution, which includes the Constitution Act, 1982, a series of thirty Acts and orders, and any amendment to any of those Acts.
The federal government has the power to make laws necessary for Canada's "peace, order and good government". Matters under federal jurisdiction include criminal law, trade and commerce, banking, and immigration.
The federal government often creates "amending" Acts or regulations that make changes to existing laws. For example, if a new offence needs to be added to the Criminal Code, an amending Act will be created to add new sections or make changes to existing sections.
The Justice Laws Website provides access to federal Acts and regulations in both official languages. The Canada Gazette Part III also contains the official version of individual original Acts from 1998 to the current date.
Canada's judiciary interprets laws and has the power to strike down Acts of Parliament that violate the constitution. The Supreme Court of Canada is the highest court and has been led by Chief Justice Richard Wagner since 2017.
