The division of powers.

In a federal state such as Canada, in which there are provinces and a central government, there must be some rules for dividing up power between the provincial legislatures and the federal parliament. These rules are part of a country's constitution. In Canada, the basic constitutional framework is set out in the Constitution Act, 1867 (formerly called the British North America Act). The division of powers that was adopted by those colonies that joined to form Canada created two distinct legal systems within the provinces.

In most of those areas of law covered by Quebec's Civil Code, the other provinces and territories were also gived law-making power. The federal government was given power over criminal law and over other matters that required uniform treatment across the country, including dealings with other countries. Such matters as the requirements for a valid marriage, granting of divorces, the postal service, banking, defence, the regulation of trade and commerce, and relations with aboriginal peoples, are within federal legislative authority. Power to pass laws concerning education was given to the provinces. The provinces and the federal government were given shared jurisdiction over immigration and agriculture.