Privy
Council

In all matters relating to administration, such as routine business, the appointment of officials or the superintendence of state departments, the Governor-General when his concurrence is desired is expected to act on the advice of his Ministers.

3. As regards the Provinces.

The relation of the Privy Council to the Provinces is of and the importance as regards

Provinces. (1) the appointment and removal of Provincial Governor, and

Disallowance of Provincial

Acts.

(2) the disallowance of Provincial bills.

By the B. N. A. Act, s. 58 the Lieutenant-Governors of the Provinces are to be appointed by the Governor-General in Council, but as regards their tenure of office the 59th section states that "a Lieutenant-Governor shall hold office during the pleasure of the Governor-General" without making any reference to the Council, though the cause of his removal is to be communicated to the Senate and House of Commons. The Letellier case, as has been stated, decided that the Governor-General is bound to follow the advice of his ministers as to the removal of a Lieutenant-Governor.

As regards the disallowance of Provincial Acts the effect of sections 56 and 90 is to vest the power of disallowance in the Governor-General in Council. Though in practice the Governor-General invariably decides the allowance or disallowance on the advice of his ministers, the right of acting independently has been claimed for him by at least two Colonial Secretaries. In 1873 the Earl of Kimberley in a despatch referring to the proposed disallowance of certain New Brunswick Acts, said "this is a matter in which you must act on your own individual discretion and on which you cannot be guided by the advice of your responsible ministers." The Earl of Carnarvon, who succeeded Lord Kimberley as Colonial Secretary, took a similar view. The Canadian ministry, on the

other hand, strongly maintained that the power in question was vested in the "Governor-General in Council," and that his ministers were responsible to the Dominion Parliament for the exercise of the power1.

MEETINGS OF THE COUNCIL.

of Council.

In the early days of responsible government in Canada Meetings the Governor used to debate with his ministers in Council, but this irregular proceeding was soon abandoned and the ministers now discuss all questions of policy in private. "The practice in Canada," says Mr Todd3, "for a number of years has been that the business in Council is done in the absence of the Governor. On very exceptional occasions the Governor may preside: but these would occur only at intervals of years and would probably be for the purpose of taking a formal decision on some extraordinary matter and not for deliberation thereon. The mode in which business is done is by report to the Governor of the recommendations of the Council sitting as a Committee, sent to the Governor for his consideration, discussed when necessary between the Governor and the premier and made operative by being marked 'approved' by the Governor."

RESPONSIBILITY.

Ministers are responsible to the Crown and to the Canadian ResponsiParliament to the same extent and in the same manner Council. bility of as English ministers are to the Crown and to the English Parliament. "The responsibility of the administration for all Acts of Government is absolute and unqualified. But it is essentially a responsibility to the legislature and especially to the popular chamber1."

Appointment of Officers.

Civil Service Act.

CHAPTER XVII.

THE DOMINION ADMINISTRATION.

THE Administration and Government is carried on by means of fifteen departments of State exclusive of the office of the High Commissioner. All the departments are presided over by a Cabinet Minister, but two of them, viz. that charged with Public Printing and Stationery and the department of Indian affairs, are placed each under the charge of a Minister who is at the head of some other department.

OFFICERS, HOW APPOINTED.

The Head of the Department is assisted in his duties by a Deputy Head, a chief clerk, clerks, messengers, and other employés. The number of officers and employés required for the working of a department is determined by the Governor-General in Council, but a clerkship cannot be established unless the Deputy Head reports that such an officer is necessary for the proper performance of the duties of the department, and the Head concurs in such report, and the salary has been voted by Parliament.

The appointment of all departmental officers and servants other than the Head is regulated by the Civil Service Act1. The Civil Service constituted by that Act includes all persons employed in the several departments of the Execu

1 R. S. C. c. 17.

tive Government of Canada and in the office of the AuditorGeneral, other than Heads of Departments and persons employed in the North-West Territories.

Head.

The Deputy Head is appointed by the Governor-General Deputy in Council and holds office during pleasure, but if a Deputy Head be removed the reasons for such removal must be laid before Parliament within the first fifteen days of the next session1.

The duties of the Deputy Head are to oversee and direct, subject to the directions of the Minister, the officers, clerks and employés in the department and to have the general control of the business2.

All appointments below that of Deputy Head in any Other department are as a rule made after an examination.

Two kinds of examinations are held:

(1) The "civil service preliminary examination" which qualifies for the lower appointments such as messenger, porter, &c.

(2) The "qualifying examination" which qualifies for a third-class clerkship.

appointments.

examina

Certain persons may be appointed to offices without Where no examination, viz. city postmasters: inspectors, collectors and tion repreventive officers in the customs: inspectors of weights and quired. measures: deputy collectors and preventive officers in the Inland Revenue3.

When a vacancy occurs in any department, the Head selects from the list of qualified candidates a person fitted for the vacant place. The person selected serves a probationary term of six months, after which period, if it appear that he is competent to discharge the duties of the office, he receives a permanent appointment. If rejected during the probationary period another is chosen in his stead*.

Promotion as a rule takes place after a special examina- Promo

1 R. S. C. c. 17, s. 11.

3 Ib. s. 37.

2 Ib. s. 13.

+ Ib. s. 35.

tion.

Probation.

Oath of
Office.

tion in subjects best adapted to test the fitness of the candidates for the vacant office. The Head of the Department in selecting is to choose "the person whom he considers best fitted for the office having due reference to any special duties incident to the office, to the qualifications and fitness shown by the candidates respectively during their examination and to the record of their previous conduct in the service."

In the case of certain professional men such as barristers, attorneys, architects, actuaries, land surveyors, draughtsmen, engineers, military or civil officers of artillery in the Militia Department and graduates of a Royal Military College, the examination may be dispensed with on a report from the Deputy Head concurred in by the Head'.

Every promotion is subject to not less than six months probation and at any time during the first year the Head may reject the person promoted2.

The Deputy Head and all officers, chief clerks, clerks, messengers, sorters and packers are required to take the oath of allegiance as well as the following oath.

as

"I (A. B.) solemnly and sincerely swear that I will faithfully and honestly fulfil the duties which devolve upon me and that I will not ask, or receive, any sum of money, services, recompense, matter, or thing whatsoever directly or indirectly in return for what I have done or may do in the discharge of any of the duties of my said office except my salary or what may be allowed me by law or by order of the Governor in Council."

The clerk of the Privy Council and all clerks under him and any officer of whom the Governor-General requires the same take the above oath with the following addition:

"And that I will not without due authority in that behalf disclose or make known any matter or thing which comes to my knowledge by reason of my employment as