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Section 92(13) of the ''Constitution Act, 1867'', also known as the property and civil rights power, grants the provincial legislatures of Canada the authority to legislate on: It is one of three key residuary powers in the ''Constitution Act, 1867'', together with the federal power of peace, order and good government and the provincial power over matters of a local or private nature in the province. ==Extent== Provincial jurisdiction over property and civil rights embraces all private law transactions, which includes virtually all commercial transactions. This power is generally balanced against the federal trade and commerce power and criminal law power. With respect to the former, In the ''Insurance Reference'', Viscount Haldane noted that: It is the most powerful and expansive of the provincial constitutional provisions, and is capable of being applied in general matters and in specific cases, as noted by the Judicial Committee of the Privy Council: The power has even been used to dissolve specific injunctions, such as one issued against the KVP Company in 1948 for discharging noxious effluent into the Spanish River.〔, dissolving an injunction granted in (subsequently upheld in and 〕 Property and civil rights include: : * rights arising from contract〔''Citizen's Insurance Co. v. Parsons''〕 : * certain powers to prevent crime〔''Bedard v. Dawson''〕 : * powers to control transactions taking place wholly within the province, even if the products themselves are imported〔''Caloil Inc. v Attorney General of Canada''〕 and, generally, : * regulation of trade and industry within the province,〔''Ward v. Canada (Attorney General)'', at par. 42〕 including :: * labour relations and the regulation of professions,〔''Law Society of British Columbia v. Mangat''〕 :: * trading in securities,〔''Multiple Access Ltd. v. McCutcheon''〕 and :: * manufacturing,〔''Reference re Agricultural Products Marketing Act''〕 By themselves, incidental effects of provincial regulations on a federal sphere of influence do not change their true nature.〔''Attorney General of Quebec v. Kellogg's Co. of Canada''〕 Moreover, the fact that a valid provincial regulation may affect an export trade or the cost of doing business is similarly not conclusive of determining whether it is made "in relation to" that power.〔''Carnation Co. v. Quebec Agricultural Marketing Board''〕 If a provincial law affects rights of individuals outside the province: : * if it is, in pith and substance, provincial, ancillary effects on the rights of individuals outside the province are irrelevant, but : * where it is, in pith and substance, legislation in relation to the rights of individuals outside the province, it will be ''ultra vires'' the province〔''Re Upper Churchill Water Rights Reversion Act''〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Section 92(13) of the Constitution Act, 1867」の詳細全文を読む スポンサード リンク
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