Bill C-569

2nd Session, 41st Parliament,

62 Elizabeth II, 2013-2014

house of commons of canada

BILL C-569

An Act respecting the procedure for the appointment and removal of the Governor General

Whereas the appointment and removal of a Governor General is a prerogative of Her Majesty the Queen, and each Governor General serves at Her Majesty’s pleasure;

Whereas by convention the Governor General serves a term of five years, which may be extended by Her Majesty on the advice of the Prime Minister;

Whereas by convention Her Majesty appoints the Governor General by commission on the advice of the Prime Minister;

Whereas by convention Her Majesty removes the Governor General on the advice of the Prime Minister;

Whereas advice to Her Majesty, as to her choice of Governor General has from time to time been preceded only by ad hoc and perfunctory consultations;

Whereas a national consultation effort, conducted by an advisory committee, preceded the appointment of His Excellency, the Right Honourable David Johnston;

Whereas this advisory committee was required to make recommendations regarding whether the next Governor General would be able to serve without partisanship and according to the constitutional role he or she would assume;

And whereas the Advisory Committee on Vice-Regal Appointments engages in non-partisan consultations to identify candidates for the office of Governor General in order to make non-binding recommendations to the Prime Minister on the selection of these candidates;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Governor General Appointment and Removal Procedure Act.

INTERPRETATION

2. For the purposes of this Act, “Advisory Committee” means the Advisory Committee on Vice-Regal Appointments established in November 2012, to ensure a non-partisan consultation process and to provide recommendations to the Prime Minister on the selection of Governors General, Lieutenant Governors and Territorial Commissioners.

PROCEDURE FOR APPOINTMENT AND REMOVAL OF THE GOVERNOR GENERAL

3. (1) The Prime Minister of Canada may only advise Her Majesty to appoint a person to the office of Governor General in accordance with the procedure set out in Schedule 1.

(2) The Prime Minister must consult with the Advisory Committee in the manner set out in Schedule 1.

4. In the event of the death, incapacity or removal of the Governor General, the Administrator in whom are vested the powers and authorities of the office of Governor General must determine the time within which the Prime Minister may advise Her Majesty to appoint a person by commission to that office in accord-ance with the procedure set out in Schedule 1.

5. The Prime Minister of Canada may only advise Her Majesty to remove the Governor General from office in accordance with the procedure set out in Schedule 2.

6. For greater certainty, this Act does not amend or otherwise alter the Letters Patent Constituting the Office of Governor General and Commander-in-Chief of Canada (1947).

7. Nothing in this Act affects the powers of Her Majesty, including the power to appoint and remove the Governor General.

RECOMMENDATIONS OF THE ADVISORY COMMITTEE

8. The recommendations made by the Advisory Committee are not binding on the Prime Minister for the purposes of his or her advice to Her Majesty on the appointment of a person to the office of Governor General.