What is Royal Assent?
Answer
The constitutional act by which the Governor General signifies that a bill passed by both houses of Parliament has become a law of Canada, granted on behalf of the King.
Explanation
Royal Assent is the constitutional act by which the Governor General (acting on behalf of the King) gives final approval for a bill to become law. After a bill has passed three readings in both the House of Commons and the Senate, it is sent to the Governor General for Royal Assent. Without Royal Assent, no bill becomes a statute of Canada. The procedure is set out in section 55 of the Constitution Act, 1867 and the federal Royal Assent Act, S.C. 2002, c. 15.
Royal Assent can be granted in two ways. The traditional ceremonial method involves a formal joint sitting in the Senate Chamber, with the Governor General (or a Deputy Governor General, often a Supreme Court justice) presiding. The Speaker of the House of Commons leads MPs to the Senate Chamber, and the bill is signified by the words 'In Her Majesty's name, His Excellency the Governor General doth assent to this Bill'. The Royal Assent Act of 2002 also permits Royal Assent by written declaration, a less ceremonial method that can be done quickly and is now the default for most bills.
Royal Assent is granted as a constitutional convention rather than a discretionary act. The Governor General is expected to grant Royal Assent to any bill that has passed both houses of Parliament; the last refusal of Royal Assent in any Westminster jurisdiction was in Australia in 1937 (or arguably in Britain in 1707). The Governor General has three theoretical options under section 55 of the Constitution Act, 1867: assent in the King's name, withhold assent (refuse), or reserve the bill for the King's consideration. In practice, only the first option is used.
Section 56 of the Constitution Act, 1867 also gives the federal Cabinet (acting through the Governor General in Council) a one-year window to disallow any provincial law after it has been enacted. Disallowance has not been used since 1943 and is widely considered to be a dead letter, though the federal government has occasionally threatened its use (most recently in the Quebec language-law context). Provincial bills receive Royal Assent from the Lieutenant Governor of the province. Territorial bills receive Royal Assent from the Commissioner of the territory. After Royal Assent, statutes are published in the Canada Gazette and consolidated periodically into the Revised Statutes of Canada (most recently in 1985).
Why this matters for your test
Royal Assent is the constitutional act that turns bills into laws. Recognising the requirement for Royal Assent and the conventional automatic granting gives candidates two specific anchors.
Source: Royal Assent Act, S.C. 2002, c. 15; Constitution Act, 1867
