Form of Commission.

CHAPTER VIII.

THE LIEUTENANT-GOVERNOR.

IN each province an officer called the Lieutenant-Governor, appointed by the Governor-General in Council under the great seal of Canada, presides over the administration and forms a part of the Legislature. As he is not appointed by Her Majesty, and holds no commission from Her, he cannot be regarded as personally representing Her: he is a Dominion officer, and is responsible to the Governor-General and Council1.

The Form of Commission appointing a LieutenantGovernor is as follows:

L. S.

Canada.

Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith &c.

To the Honourable A. B. of

of Canada.

in our Dominion

Greeting:

Whereas we did by Letters Patent under the Great

Seal of our Dominion of Canada bearing date at the city of Ottawa the

day of

in the

year of our reign appoint A. B. to be Lieutenant-Governor of the Province of for and during our will and pleasure as upon relation being had to the said recited Letters Patent will more fully and at large appear.

1 See Lenoir v. Ritchie, 3 Can. S. C., p. 575.

And whereas the said A. B. has since died and we have thought fit to appoint you to be such LieutenantGovernor in his stead. Now know ye, that we reposing special trust and confidence in the prudence, courage, loyalty, and integrity of you the said C. D. of our especial grace, certain knowledge, and mere motion have thought fit to constitute and appoint you, and in accordance with the provisions of the Act of Parliament of the United Kingdom of Great Britain and Ireland passed in the thirtieth year of our reign intituled "the British North America Act, 1867," do hereby constitute and appoint you to be the LieutenantGovernor in and over the Province of

during the will and pleasure of our Governor-General of Canada.

And we do hereby authorize and empower and require and command you in due manner to do and execute all things that shall belong to your said command and the trust we have reposed in you, according to the several provisions and directions granted or appointed you by virtue of this our Commission and of the Act above mentioned, according to such instructions as are herewith given to you or which may from time to time be given to you in respect of the said Province of under the sign manual. of our Governor-General of our said Dominion of Canada, or by order of our Privy Council of Canada, and according to such laws as are or shall be in force within the said Province of

In testimony whereof we have caused these our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed. Witness &c.

By command

Attorney-General of Canada.

Secretary of State.

Functions

I hereby certify the within to be a true and faithful copy of the record of the original commission as entered in

Deputy Registrar-General of Canada.

The Lieutenant-Governor discharges important functions Lieute- as regards the Legislature and the Administration.

of the

nant Governor.

As regards

the

As regards the Provincial Legislature his chief duties

are:

To summon, prorogue, or dissolve the Legislature1.
To appoint Legislative Councillors in Quebec, New
Brunswick and Nova Scotia.

To appoint the Speaker of the Legislative Council of
Quebec'.

To recommend the appropriation of the revenues and all money bills.

To assent to or veto bills, or reserve them for the consideration of the Governor-General'.

In British Columbia he is authorized to transmit by message to the Assembly the draft of any laws which it may appear to him desirable to introduce, or to return bills for reconsideration with such amendments as he may think fit.

As regards the Executive, the Lieutenant-Governor selects Executive, his Ministers, but he is bound by constitutional practice to choose them from that party which has the confidence of the majority in the Legislative Assembly. He may dismiss his Ministers or call on them to resign, but for the due and proper exercise of his power he is responsible to the GovernorGeneral in Council".

He usually, with the assent of his Executive Council, and

1 See ante, pp. 44-52.

3 Ib. ss. 90, 54.

5 B, C. 34 Vic. c. 42, s. 42.

2 B. N. A. Act, 1867, s. 77.

4 Ib. s. 90.

6 See post, Chap. xv.

subject to the provisions of any Act regulating the Civil Service in the Province, appoints all officers necessary for carrying on the work of administration.

Many other important powers connected with provincial administration have been conferred on the LieutenantGovernors by the statutes of the respective provinces.

office.

A Lieutenant-Governor holds office as a rule for a period Term of of five years', but he may be removed at any time by the Governor-General, the fact of such removal being communicated to the Senate and to the House of Commons. In exercising his power of removal the Governor-General is required to act by the advice of his Ministers 2.

1 B. N. A. Act, 1867, s. 59.

2 See post, chap. xv.

Number of

CHAPTER IX.

THE PROVINCIAL ADMINISTRATION.

IN each province the Lieutenant-Governor is assisted in the discharge of his duties by an Executive Council. The members of the Council are appointed by him, and in accordance with constitutional practice, as has been pointed out, he is expected to choose his councillors from that party which has a majority in the Assembly. The Council fulfil in regard to the province functions similar to those discharged by the Dominion Privy Council in regard to the Dominion. The Council in fact is a ministry, and the Lieutenant-Governor in the discharge of his duties is expected to follow its advice.

The number of members of the Executive Council varies Ministers. in the different provinces from four in British Columbia to nine in Prince Edward's Island. The Council of the NorthWest Territories, which exercises legislative as well as executive functions, consists of 18 members.

Ministers without office.

Though as a rule each member of the Council has charge of a department of State, occasionally some members may be without office. For instance, at the present time in New Brunswick two members, in Nova Scotia three members, and in Prince Edward's Island six members, are without office.

The departments of State over which always a minister presides in each of the seven provinces are the following: