Alberta West News: Can Alberta's Lieutenant Governor declare Bill 2 "Ultra Vires" ?

Tuesday, October 28, 2025

Can Alberta's Lieutenant Governor declare Bill 2 "Ultra Vires" ?

Lieutenant Governor of Alberta Salma Lakhani

Key Takeaway:
The Lieutenant Governor of Alberta has the constitutional authority to withhold or reserve royal assent from a bill, such as Bill 2, if it is believed to violate constitutional rights or fall outside provincial jurisdiction (i.e., be "ultra vires"). However, this power is extremely rarely exercised in modern Canadian practice and any declaration of ultra vires typically leads to legal review, usually by the courts, rather than unilateral action by the Lieutenant Governor.lieutenantgovernor+3

The Lieutenant Governor's Constitutional Powers Over Bills

Royal Assent Requirement:
Every bill passed by Alberta’s Legislative Assembly requires royal assent from the Lieutenant Governor to become law. The Lieutenant Governor is expected to act on the advice of elected officials, but has a reserve discretionary power to withhold or “reserve” royal assent if the bill infringes constitutional rights or federal jurisdiction.revparl+2
Reservation and Disallowance:
If the Lieutenant Governor deems a bill possibly "ultra vires" (outside provincial legislative authority), they may reserve assent and refer the matter to the Governor General (the federal government), who can then either approve, disallow, or ultimately refer the bill for judicial scrutiny.wikipedia+1
Historic Precedent:
There are historic Alberta precedents for Lieutenant Governors refusing assent or seeking legal review. In the 1930s, bills that threatened constitutional rights saw the Lieutenant Governor delay or reserve assent, insisting on legal examination by provincial courts. If courts found the bill unconstitutional, it did not become law.publications+2

Definition and Process for "Ultra Vires" Declaration

Ultra Vires:
"Ultra vires" means outside the lawful authority of the Alberta Legislature according to Canada's Constitution. Normally, courts—not the Lieutenant Governor—make such a declaration. The vice-regal power is intended as a safeguard of last resort, used only when a serious constitutional breach is apparent.
Modern Practice:
In contemporary Canada, the Lieutenant Governor would rarely, if ever, directly declare a bill "ultra vires." Instead, withholding or reserving assent would prompt a formal review, allowing courts to rule on the constitutionality or jurisdictional appropriateness of the legislation.lawjournal.mcgill+2

Can Bill 2 Be Declared Ultra Vires by the Lieutenant Governor?

Bill 2 Context:
Bill 2 (Back to School Act) invokes Section 33 (the notwithstanding clause) of the Charter to limit legal challenges. While this shields the law from most Charter rights claims, it does not override the Constitution Act's division of powers or other constitutional limits.cbc+2
Authority to Withhold Assent:
If strong evidence exists that Bill 2 intrudes on federal jurisdiction or flagrantly violates constitutional order, the Lieutenant Governor could reserve assent and refer the bill for federal or judicial consideration. This would not be a direct declaration of ultra vires, but a procedural safeguard.lieutenantgovernor+3
Likelihood and Implications:
Such vice-regal intervention is extraordinarily rare and politically sensitive. Courts remain the primary forum for constitutional challenges—even for bills passed with the notwithstanding clause. The Alberta Teachers' Association and others have stated intent to pursue legal remedies if necessary, confirming that judicial review is the expected process for addressing alleged ultra vires legislation.news.yahoo+1

Conclusion

The Lieutenant Governor of Alberta can withhold or reserve royal assent on a bill believed to be "ultra vires," but would not unilaterally declare it as such. The expected course is to refer questionable bills for judicial determination. In practice, courts—not vice-regal representatives—define whether legislation exceeds constitutional powers. This power serves as a constitutional fail-safe and is used only in exceptional circumstances.revparl+3

Details on Royal Assent

Bill 2 was tabled late on October 27, 2025, and passed third reading in the early hours of October 28, 2025.news.yahoo+1
The Lieutenant Governor granted Royal Assent later the same day, which finalized the bill as law.calgaryherald+2
The legislation ends the province-wide teachers' strike and mandates a collective agreement for teachers running from September 1, 2024 through August 31, 2028.ctvnews+2

Immediate Impact

Schools and teachers were directed to return to work starting Wednesday, October 29, 2025.edmontonjournal+2
The bill uses the notwithstanding clause to shield the agreement from legal challenges for the four-year term.cbc+2

All available sources confirm Royal Assent was granted, making Bill 2 law in Alberta.calgaryherald+2

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