The Constitution of Canada

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Monograph

Identifikator:: 1895543282

URN:: urn:nbn:de:zbw-retromon-242408

Document type:: Monograph

Author:: Munro, Joseph Edwin Crawford http://d-nb.info/gnd/1113111038

Title:: The Constitution of Canada

Place of publication:: Cambridge

Publisher:: Univ. Press

Year of publication:: 1889

Scope:: XXXVI, 356 Seiten

Digitisation:: 2022

Collection:: Economics Books

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Document type:: Monograph

Structure type:: Chapter

Title:: Chapter XXI. Imperial control of the Dominion

Collection:: Economics Books

DOMINION BILLS. 27 | (b). DOMINION BILLS, When a bill has passed the Dominion Parliament it is presented to the Governor-General for the Queen's assent. Instead of assenting to the bill, he may reserve the bill for the signification of Her Majesty's pleasure. If he assents to the bill, he is required to transmit a copy to one of her Majesty's Secretaries of State, and if the Queen in Council within two years after the receipt thereof by the Secretary of State disallows the Act, it is annulled from the date of such signification. The Imperial Government has therefore full control over Dominion legislation. The power of the Governor-General to assent to bills is, by the B. N. A. Act, s. 55, limited by his instructions. Previous to 1878 the instructions required him, in the case of certain bills, not to assent to the bill except in case of urgent necessity, unless there was a clause suspending the operation of the bill, until Her Majesty’s pleasure could be signified. In accordance with these instructions the Governor-General reserved twenty-one bills between the years 1867 and 1878. Eleven of these related to divorce and received the royal assent. In 1872 a Copyright Bill was not approved, as it conflicted with imperial legislation. Two Extradition Bills were not allowed in 1873 and 1874. A Merchant Shipping Bill was disallowed in 1878, as it contained provisions in excess of Dominion powers, whilst a reserved bill that might have prejudiced the rights of subjects not resident in Canada was dropped in 1874, and a modified bill passed in the fol- lowing year’. In the revised instructions issued in 1878 the clauses Modern relating to the reservation of bills were omitted, “because peenties her Majesty’s Government thought it undesirable that they should contain anything which could be interpreted as 1 See Todd, p. 144.

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