Section 92(10) of the Constitution Act, 1867

Section 92(10) of the Constitution Act, 1867 (formerly known as the British North America Act, 1867) outlines the legislative authority of the provinces of Canada over local works and undertakings. It is a key provision in defining the division of powers between the federal government and the provinces.

Specifically, Section 92 lists the classes of subjects in relation to which the provincial legislatures may exclusively make laws. Subsection 10 then describes this provincial jurisdiction as extending to:

Local Works and Undertakings other than such as are of the following Classes:

(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs, and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province:

(b) Lines of Steam Ships between the Province and any British or Foreign Country:

(c) Such Works as, although wholly situate within the Province, are before or after their Execution declared by the Parliament of Canada to be for the general Advantage of Canada or for the Advantage of Two or more of the Provinces.

This section essentially grants provinces jurisdiction over works and undertakings that are local in nature and do not fall within the expressly excluded categories (a), (b), and (c). The exceptions carve out federal jurisdiction over interprovincial and international transportation and communication networks, as well as projects declared by Parliament to be of national significance. The interpretation of this section has been the subject of considerable judicial review, leading to a body of jurisprudence that further clarifies the scope of provincial and federal powers in areas such as telecommunications, broadcasting, and transportation.