In Canada each level of government has power to create laws, but different areas in which they can create them.
Jurisdiction
In the constitution federal and provincial governments are told what they are allowed to control, this is know as jurisdiction. What each level of government is allowed to do is as follows.
The federal government is in control of the following
Trade
Taxes
Postal Service
Currency and Banks
Native policies
Source: (“Canada’s Legal System,” n.d.)
The provinces on the other hand are in charge of
Public lands
Health Care
Municipal Governments
Marriage certificates
Property rights
Education
Business licenses
Source (“Canada’s Legal System,” n.d.)
There is also shared jurisdiction including
Agriculture
Economic development
Prisons
Fishing
Public works
Transportation (The federal government is in charge of air travel and rail but the provinces are in charge of roads. This does not prevent provincial governments from operating rail services like GO Transit or Ontario Northland.)
Immigration (Only Quebec is allowed to control immigration)
Source (“Canada’s Legal System,” n.d.)
Jurisdiction not listed here automatically falls under federal control, this is known as residual powers.
Municipal government jurisdiction is not defined in the constitution instead the provinces are allowed to control the jurisdiction of municipal governments.
Jurisdiction in the law
Each level of government is allowed to create certain laws for certain areas. The federal government for example is in charge of criminal law and constitutional law (“Canada’s Legal System,” n.d.). This means laws around murder or constitutional rights fall under federal jurisdiction. The federal government can also create laws controlling their jurisdiction (“Canada’s Legal System,” n.d.). This means the federal government can create laws regulating rail traffic or how banks operate. The provincial governments on the other hand are in usually charge of private law (“Canada’s Legal System,” n.d.). Private law consists of cases between people and other people or companies and small claims court. Provinces can also create laws for their jurisdiction (“Canada’s Legal System,” n.d.). This means they can create laws regulating schools or use of public forests. Municipal governments can also create laws known as by-laws (“By-law,” n.d.). By-laws exist to regulate the actions of the community but usually of a smaller scale (“By-law,” n.d.). For example, by-laws will usually regulate were a person can park or at what times a person can use public parks. Just like the federal and provincial governments, municipalities can only create laws for what falls under their jurisdiction, this includes things like parking. These laws are only valid in the municipality they are created in therefore, a by-law made in Toronto would have no affect on the people of Brampton unless they were to visit Toronto (“By-law,” n.d.).
Sources
By-law. (n.d.). Retrieved October 22, 2015, from https://en.wikipedia.org/wiki/By-law
Canada's Legal System - Sharing of Legislative Powers in Canada. (n.d.). Retrieved October 21, 2015, from https://slmc.uottawa.ca/?q=laws_canada_legal
Law. (n.d.). Retrieved October 22, 2015, from http://www.thecanadianencyclopedia.ca/en/article/law/