PART 5
OVERVIEW OF LEGISLATION

Laws affecting forestry and land use are passed by both the provincial and federal governments. The Canadian Constitution creates a division of legislative powers between the two levels of government, in which the exclusive jurisdiction respecting certain matters is divided between the federal government and the provinces. These are set out in sections 91 and 92 of The Constitution Act, 1867. For matters not specifically enumerated in the division of powers, certain residuary powers to legislate reside with the federal government. Where there are grey areas, Canadian courts have rendered decisions which clarify the respective legislative roles.

For the most part, the authority to make laws relating to forestry and land use falls to the provincial government.