Published online by Cambridge University Press: 07 November 2014
1 See my article in this Journal, vol. IV, no. 1, Feb., 1938. The following additions and corrections should be noted: (a) The number of Ontario Acts disallowed should read ten. The Ontario Act, c. 79 of 1910, does not appear in the table of disallowed acts in vol. II of Provincial Legislation, but its disallowance is recorded at p. 99 of that volume. (b) The number of Nova Scotia Acts disallowed should read six. (c) There were five cases of disallowance between 1920 and 1937. The extra case is the British Columbia Oriental Orders-in-Gouncil Validation Act, c. 49 of 1921, disallowed March 31, 1922, after the Supreme Court of Canada had declared it ultra vires. See British Columbia Sessional Papers, 1921, second session, vol. II, V, 25-39. (d) The tables of reserved bills in the two volumes of Provincial Legislation list fifty-six reserved bills; but two of these are Acts assented to by the lieutenant-governor and left to their operation (the Ontario Factories Act of 1884, and the Manitoba Half-Breed Land Grant Protection Act Amendment Act of 1877), and one is a pre-Confederation Prince Edward Island bill reserved for the Queen's assent and sent to the British government, which, after consultation with the Dominion, refused assent, (e) There were seven reserved bills not recorded in Provincial Legislation. The extra one is a New Brunswick foreign lotteries bill of 1889; no report availaible. (f) There were nineteen reserved bills from Manitoba, and eleven from New Brunswick. There was no action on five of the Manitoba bills. In all, the Dominion refused assent in twenty-two cases, took no action in another nineteen, and either refused assent or took, no action in seven more; thus effectively keeping off the statute book forty-eight of the sixty-two bills. The gaps in the references in footnote 11 of the article have been filled by subsequent consultation of the Saskatchewan and New Brunswick Assembly Journals for 1907 and 1889 respectively and the New Brunswick Assembly Synoptic Reports for 1893 and 1894. (g) In 1888, the lieutenant-governor of British Columbia, under the provisions of the Constitution Act of that province, returned to the Assembly for reconsideration a bill which had passed third reading, and the Assembly rescinded it; see Assembly Jornals, pp. 114-5. (h) Mr. Frank MacKinnon has pointed out a further refusal of assent in Prince Edward Island, 1880.
2 For an account of these, see my article in Politica, vol. IV, no. 16, 06, 1939, pp. 104–18.Google Scholar
3 The text of the minister's report giving the reasons for disallowance appeared in the Montreal Gazette, Mar. 28, 1939; the actual disallowance is recorded in the Canada Gazette, vol. LXXII, p. 2396.Google Scholar
4 The minister's report is P.C. 2949, Sept. 28, 1939; the actual disallowance is recorded in the Canada Gazette, vol. LXXIII, p. 1139.Google Scholar The text of this and other orders have been made available through the kindness of the Clerk of the Privy Council.
5 The minister's report is P.C. 2350 of Mar. 27, 1942; the actual disallowance is recorded in the Canada Gazette, vol. LXXV, p. 4113.Google Scholar
6 P.C. 2819 of April 7, 1943.
7 Journals of the Legislative Assembly of Prince Edward Island, 1945, p. 142 Google Scholar; Charlottetown, Patriot, 04 19, 09 29, 1945.Google Scholar