Federal or Provincial? Who Makes Which Laws in Canada

The Constitution Act, 1867 divides law-making power between the federal Parliament (mainly section 91) and the provincial legislatures (mainly section 92).

Mostly federal

• Criminal law and criminal procedure
• Banking, currency and bankruptcy
• Citizenship and naturalization
• Federally regulated industries, such as airlines, banks and telecommunications

Mostly provincial

• Property and civil rights: contracts, tenancies, most employment, consumer protection
• Administration of justice in the province: setting up provincial courts
• Municipal institutions: cities and towns get their powers from the province
• Provincial offences, such as most traffic tickets

Shared areas

• Immigration and agriculture are shared, with federal law winning if there is a conflict.
• Courts: provinces run most courts, but Parliament appoints superior court judges.

Why it matters to you

The level of government that made the law decides which court or tribunal hears your problem, who enforces it, and where to complain. For example, a bank employee is usually covered by the federal Canada Labour Code, not Ontario's Employment Standards Act.

Sources

• Constitution Act, 1867
• Canada Labour Code

Read next: Your Fundamental Freedoms Under Section 2 of the Charter

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

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This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.