fullscreen: The Constitution of Canada

PROVINCIAL BILLS. 
269 
presented to him for his assent, to reserve the same for the 
signification of the pleasure of his Excellency the Gover- 
nor-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 Reser- 
may 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- Consult- 
municate 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 Bruns- 
wick 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.
	        
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