Full text: The Constitution of Canada

188 
THE 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 con- 
currence 1s desired is expected to act on the advice of his 
Ministers. 
3. As regards the Provinces. 
Privy The relation of the Privy Council to the Provinces is of 
Jownell importance as regards 
Provinces. (1) the appointment and removal of Provincial Gover- 
nor, and 
(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 re- 
moval 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. 
Disallow- As regards the disallowance of Provincial Acts the effect 
asst a1 of sections 56 and 90 is to vest the power of disallowance in 
Acts. the Governor-General in Council. Though in practice the 
Governor-General invariably decides the allowance or dis- 
allowance 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 de- 
spatch 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 ministrv. on the
	        
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