CHAP, 1] THE DOMINION OF CANADA 725
the Courts regard the substance, not the form of legislation.
Neither legislature can amend or repeal an Act passed by
the other, and the Provinces of Ontario and Quebec cannot
repeal any Act of the old Province of Canada which it could
ot since 1867 enact.?
Finally, it may be noted that the Privy Council is clear that
regulation does not permit prohibition. This they held in
the Corporation of Toronto v. Virgo? and repeated in the
Prohibitory Liguor Laws case.
§ 5. THE DISALLOWANCE OF PROVINCIAL ACTS 3
It is expressly provided by the British North America Act,
8. 90, that the provisions of the Act relating to the assent
to Bills, the disallowance of Acts, and the signification of
pleasure on Bills reserved, shall extend and apply to the
legislatures of the several provinces as if these provisions
were here re-enacted and made applicable in terms to the
respective provinces and to the legislatures thereof, with
the substitution of the Lieutenant-Governor of the province
for the Governor-General, of the Governor-General for the
Queen and for a Secretary of State, and of one year for two
years, and of the province for Canada. It is certain that
this 18 a confused and muddled way of expressing the
Intention as to the disallowance of Acts, and it has a somewhat
curious result. The provisions regarding the Governor-General
give him the right to assent or reserve, subject in
theory to instructions, and to withhold assent. If a Bill is
assented to it must be sent home, and it is then possible to
disallow it by an Order in Council within two years after
the receipt of the Bill by the Secretary of State. while a
Lefroy, op. cit., pp. 372-92. * Ibid., pp. 365-71.
: Sg A. C. 88, at p. 93. * [1896] A. C. 348, at p. 365.
the Domi d ffocts in a very substantial manner the interpretation of
pT ho gt see Bank of Toronto v. Lambe, 12 App. Cas. 575,
Ritchie J. in go ” eth Insurance Co., 221. C. J. 307,at pp. 309, 310;
109, Lefroy, ve e Queen, 2 8.C.R. 70,at p. 102; Strong J. at PP 108,
vei wes demand bo at 2p. 185 seq. The abolition of the Dominion
Biggar. Si a y oh. ter-provincial Conference at Quebec in 1887;
iowat. 1. 507
