Constitution Act, 1867 (annotated)/Part III

Contents

Part III. Executive Power

9. Declaration of Executive Power in the Queen.

10. Application of Provisions referring to Governor General.

11. Constitution of Privy Council for Canada.

12. All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone.

13. Application of Provisions referring to Governor General in Council.

14. Power to Her Majesty to authorize Governor General to appoint Deputies.

15. Command of Armed Forces to continue to be vested in the Queen.

16. Seat of Government of Canada.

Notes

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		III. Executive Power
Declaration of Executive Power in the Queen	9.	The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.
Application of Provisions referring to Governor General	10.	The Provisions of this Act referring to the Governor General extend and apply to the Governor General for the Time being of Canada, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Canada on behalf and in the Name of the Queen, by whatever Title he is designated.
Constitution of Privy Council for Canada	11.	There shall be a Council to aid and advise in the Government of Canada, to be styled the Queen's Privy Council for Canada; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Governor General and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Governor General.
Section All Powers under Acts to be exercised by Governor General with Advice of Privy Council, or alone	12.	All Powers, Authorities, and Functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exerciseable by the respective Governors or Lieutenant Governors of those Provinces, with the Advice, or with the Advice and Consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any Number of Members thereof, or by those Governors or Lieutenant Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exerciseable by the Governor General, with the Advice or with the Advice and Consent of or in conjunction with the Queen's Privy Council for Canada, or any Members thereof, or by the Governor General individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.[1]
Application of Provisions referring to Governor General in Council	13.	The Provisions of this Act referring to the Governor General in Council shall be construed as referring to the Governor General acting by and with the Advice of the Queen's Privy Council for Canada.
Power to Her Majesty to authorize Governor General to appoint Deputies	14.	It shall be lawful for the Queen, if Her Majesty thinks fit, to authorize the Governor General from Time to Time to appoint any Person or any Persons jointly or severally to be his Deputy or Deputies within any Part or Parts of Canada, and in that Capacity to exercise during the Pleasure of the Governor General such of the Powers, Authorities, and Functions of the Governor General as the Governor General deems it necessary or expedient to assign to him or them, subject to any Limitations or Directions expressed or given by the Queen; but the Appointment of such a Deputy or Deputies shall not affect the Exercise by the Governor General himself of any Power, Authority, or Function.
Command of Armed Forces to continue to be vested in the Queen	15.	The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Canada, is hereby declared to continue and be vested in the Queen.
Seat of Government of Canada	16.	Until the Queen otherwise directs, the Seat of Government of Canada shall be Ottawa.

Notes

1. See the note to section 129, infra.