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.