PROVINCIAL BILLS.

269

presented to him for his assent, to reserve the same for the
signification of the pleasure of his Excellency the Governor-General>
 If within one year from the date of
such reservation the Governor-General does not issue a
proclamation intimating that it has received his assent, the
bill never comes into force®.
Instead of reserving the bill the Lieutenant-Governor Resermay
 assent to it, but the Governor-General has the power vation:
to disallow the bill at any time within one year from its
passing.
If the Governor-General does not disallow the Act within
such year then it can be questioned only in an action in
which it is alleged that the subject-matter was not within
the legislative powers of the province.
It is however open to the Governor-General to com- Consultmunicate
 with the Imperial Government in regard to the 2 Bowe
disallowance of a provincial law. For instance, when the mont
Ontario Legislature passed an Act conferring upon the
Legislative Assembly the same privileges as those enjoyed
by the Dominion House of Commons, the competency of
the Legislature to pass this Act was doubted, and on the
recommendation of the Dominion Minister of Justice, the
question was referred to the English law officers of the
Crown. They were of opinion that the Act was ultra vires,
and it was therefore disallowed by the Governor-General in
Council®.
Attempts have been made in several cases by the Attempts
Dominion House of Commons, and by parties interested in Tora
provincial legislation, to persuade the Imperial Government
to interfere with provincial legislation. When New Brunswick
 in 1871 passed an Act relating to common schools, not
only did the Dominion House of Commons ask the Governor-(General
 to take the opinion of the law officers of the Crown

1 B.N. A, Act, 5. 90.
Todd, p. 365.

2 Ib.

3 See ante, 165.