Full text : The Constitution of Canada

L60 THE METHOD OF LEGISLATION.

public and private bills, inasmuch as some bills may relate
as much to the public interest as to individual interest.
In Canada it rests with the Speaker or with the Committee
to which the bill is referred to decide the class to which a
bill belongs. Owing to the restrictions that have been imposed
 on the legislative power of Canada, it is possible for
a private bill to be introduced relating to a matter not
within the legislative competence of the Dominion. Sometimes
 the point is raised in the House itself and sometimes
in Committee, and when it is clear that any provisions of
the bill are “unconstitutional,” they are always struck out.
Rofo As a further precaution against passing an ‘illegal’ Act, it
preme was provided by the Supreme and Exchequer Court Act’,
Court. that the Supreme Court or any two of its judges should
sxamine and report upon any private bill or petition for a
private bill referred to the Court under any of the rules of
either House of Parliament. A private bill is introduced
by petition. As a rule previous to its introduction notice
of its main provisions has to be given in the Canadian
Gazette and in the local papers. Contrary to the English
practice a member of the House may take charge of the
bill and promote its progress. As the rules that govern
ordinary petitions apply to a private bill petition, a
member during the first ten days of the session presents
the petition in his place, restricting himself to a statement
of its prayer. It is then referred as a matter of course to
the Committee on Standing Orders, who report whether the
rule with regard to notice has been complied with. If there
has been any informality in the notice the Committee may
yet recommend the House to dispense with a regular notice,
and it seems the Committee are inclined to adopt this course,
where it appears that the parties interested have had sufficient
 notice, and that no interests are affected except those
of the petitioners.

i 88 Vie. c. 11.
            
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