CHAP. 11] LEGAL BASIS 79
exercised in the early days of Australia, and also frequently
and regularly in the case of Canada. But that was the
creation by the prerogative of an officer with powers over
a series of Colonies which he exercised separately in each ;
he had not and could not have any power over the Colonies
as a unit of law,! and therefore both the Federal Acts and the
Union Act provide for the appointment of a Governor-General
and for the administration of the Government by him with
the aid of a Council which is called in Canada the Privy
Council, in South Africa and in the Commonwealth the Execu-
tive Council. But it is important to note how little more is
provided by the Dominion Constitution. 8. 8 of the British
North America Act, 18617, declares that the executive govern-
ment of Canada is vested in the Queen ; s. 11 provides :(—
There shall be a Council to aid and advise in the Govern-
ment 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.
The Dominion Constitution contains no other provision
regarding the matter : the qualifications of senators do not
contain any mention of a senator not being a minister, and
the qualifications of members are left to the local laws of the
Provinces to decide until the Parliament of Canada decides
otherwise. But the Dominion Parliament has required
re-election in case of the acceptance of salaried office in the
Ministry. In Canada the model of the Imperial Privy
Council has been followed, and the members of the Privy
Council retain membership unless formally dismissed, which
would only take place in circumstances which would justify
a similar deletion of the name from the roll in England.
The Privy Council has also. contained some members who
have never held ministerial office and who are only appointed
honoris causa. But the rule of cabinet government, which
* Soin the case of the Windward Islands the Governor is one, but there
are three Colonies with nothing in common save the Governor.
