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eBook details

• Title: Royal Recommendation: An Update.
• Author : Canadian Parliamentary Review
• Release Date : January 22, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 238 KB

Description

John Mark Keyes is Senior Counsel, Legislation Section, Department of Justice. The views expressed in this article are those of the author personally and are not made on behalf of the Department of Justice. In a previous issue of the Review (Vol. 20, No. 4) an article by the same author appeared on the requirement of a royal recommendation for bills that involve the spending of public money. Shortly after its publication, the Speaker of the House of Commons ruled on two points of order relating to this requirement. These rulings are significant because they suggest a more critical approach to the application of the requirement as well as a shift away from applying it to indirect appropriations of public money. There have also been developments on the question of what constitutes a tax. This question affects the royal recommendation when a bill not only requires amounts to be paid, but also authorizes the proceeds to be spent. The Speaker of both Houses have recently reached opposite conclusions on this issue in relation to the same bill (S-13). In addition, the Supreme Court of Canada has also ruled on this question in relation to section 53 of the Constitution Act, 1867, which requires money bills to originate in the House of Commons. A majority of the Court held that the courts have jurisdiction to enforce this section and, by implication, section 54, which deals with the royal recommendation.

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