Which law prevails when there is a conflict between federal and provincial law?

In Canada, the principle that governs conflicts between federal and provincial law is found in Section 91 and Section 92 of the Constitution Act, 1867. This principle establishes that federal law will prevail when there is a conflict with provincial law due to the doctrine of paramountcy. The federal government has jurisdiction over specific enumerated areas, and when it legislates in those areas, its laws take precedence over conflicting provincial legislation.

This is rooted in the foundational concept of Canadian federalism, where the division of powers is intended to prevent any one level of government from encroaching on the jurisdiction of another. Consequently, if a provincial law contradicts a federal law—even if both laws are valid and properly enacted—the federal law will govern, ensuring uniformity and national standards in areas of federal jurisdiction.

In contrast, municipal law is subordinate to provincial law, and common law does not hold precedence in the case of conflicting statutes. Therefore, when determining which law prevails in situations of conflict in the Canadian legal system, federal law is the correct answer.