Letters Preamble. Recites 22nd May, 1872. Imperial Act, 29th cap. III. 1 CANADA DRAFT OF LETTERS-PATENT passed under the Great Seal of the United Kingdom, constituting the Office of GovernorGeneral of the Dominion of Canada. (1) Victoria, by the Grace of God, of the United Kingdom of Great WHEREAS We did, by certain Letters-Patent under the Great Seal of Our United Kingdom of Great Britain and Ireland, bearing date at Westminster the Twenty-second day of May, 1872, in the Thirty-fifth Year of Our Reign, constitute and apCommission, point Our Right Trusty and Right Well-beloved Cousin and Councillor, Frederick Temple, Earl of Dufferin, Knight of Our Most Illustrious Order of Saint Patrick, Knight Commander of Our Most Honourable Order of the Bath (now Knight Grand Cross of Our Most Distinguished Order of Saint Michael and Saint George), to be Our Governor-General in and over Our Dominion of Canada for and during Our will and pleasure: And whereas by the 12th section of "The British North America Act, March, 1867, 1867," certain powers, authorities, and functions were declared to be vested in the Governor-General: And whereas We are desirous of making effectual and permanent provision for the office of Governor-General in and over Our said Dominion of Canada, without making new Letters-Patent on each demise. of the said Office: Now know ye that We have revoked and determined, and by these presents do revoke and determine, the said recited Letters-Patent of the Twenty-second day of May. 1872, and every clause, article, and thing therein contained: And further know ye that We, of our special grace, certain knowledge, and mere motion, have thought fit to constitute, order, and declare, and do by these presents constitute, order, and declare, that there shall be a Governor-General (hereinafter called Our said Governor-General) in and over Our Dominion of Canada (hereinafter called Our said Dominion), and that the person who shall fill the said Office of Governor-General shall be from time to time appointed by Commission under Our SignManual and Signet. And We do hereby authorize and command Revocation of Governor General's Commission, 22nd May, 1872. Office of constituted. (1) These Letters Patent dated October 5 and 7, 1878 form a "blanket" constitution of the office of governor general, thus obviating the necessity for revocation of the old letters patent and establishment of new letters patent each time that a change in governors general occurs; each new governor general since then has been appointed by commission. authorities. Our said Governor-General to do and execute, in due manner, all things that shall belong to his said command, and to the trust We have reposed in him, according to the several powers Governor's and authorities granted or appointed him by virtue of "The powers and British North America Act, 1867," and of these present LettersPatent and of such Commission as may be issued to him under Our Sign-Manual and Signet, and according to such Instructions as may from time to time be given to him, under Our SignManual and Signet, or by Our Order in Our Privy Council, or by Us through one of Our Principal Secretaries of State, and to such Laws as are or shall hereafter be in force in Our said Dominion. II. And We do hereby authorize and empower Our said Great Seal. Governor-General to keep and use the Great Seal of Our said Dominion for sealing all things whatsoever that shall pass the said Great Seal. III. And We do further authorize and empower Our said Governor-General to constitute and appoint, in Our name and on Our behalf, all such Judges, Commissioners, Justices of the Peace, and other necessary Officers and Ministers of Our said Dominion, as may be lawfully constituted or appointed by Us. Appoint ment of Judges, Justices, &c. IV. And We do further authorize and empower Our said Governor-General, so far as We lawfully may, upon sufficient cause to him appearing, to remove from his office, or to suspend Suspension from the exercise of the same, any person exercising any office or removal within Our said Dominion, under or by virtue of any Commission or Warrant granted, or which may be granted, by Us in Our name or under Our authority. from office. or dissolving V. And We do further authorize and empower Our said Summoning, Governor-General to exercise all powers lawfully belonging to proroguing, Us in respect of the summoning, proroguing, or dissolving the the Parliament of Our said Dominion. Dominion VI. And whereas by "The British North America Act, 1867," it is amongst other things enacted, that it shall be lawful for Us, if We think fit, to authorize the Governor-General of Our Dominion of Canada to appoint any person or persons, jointly or severally, to be his Deputy or Deputies within any part or parts of Our said Dominion, and in that capacity to exercise, during the pleasure of Our said Governor-General, such of the powers, authorities, and functions of Our said Governor-General as he may deem it necessary or expedient to assign to such Power to Deputy or Deputies, subject to any limitations or directions appoint from time to time expressed or given by Us: Now We do hereby authorize and empower Our said Governor-General, subject to such limitations and directions as aforesaid, to appoint any person or persons, jointly or severally to be his Deputy or Deputies within any part or parts of Our said Dominion of Canada, and Deputies. Succession in that capacity to exercise, during his pleasure, such of his powers, functions, and authorities, as he may deem it necessary or expedient to assign to him or them: Provided always, that the appointment of such a Deputy or Deputies shall not affect the exercise of any such power, authority or function by Our said Governor-General in person. VII. And we do hereby declare Our pleasure to be that, in the event of the death, incapacity, removal, or absence of Our said Governor-General out of Our said Dominion, all and every the powers and authorities herein granted to him shall, until Our further pleasure is signified therein, be vested in such person as may be appointed by Us under Our Sign-Manual and Signet to be Our Lieutenant-Governor of Our said Dominion; or if there shall be no such Lieutenant-Governor in Our said Dominion, then in such person or persons as may be appointed by Us under Our Sign-Manual and Signet to administer the Government of the same; and in case there shall be no person or persons within Our said Dominion so appointed by Us, then Proviso. in the Senior Officer for the time being in command of our Lieutenantregular troops in Our said Dominion: Provided that no such Governor, powers or authorities shall vest in such Lieutenant-Governor, or &c., to take oaths of such other person or persons, until he or they shall have taken office before the oaths appointed to be taken by the Governor-General of administerOur said Dominion, and in the manner provided by the Instrucing the Government. tions accompanying these Our Letters-Patent. Officers and others to obey and assist the GovernorsGeneral. Power reserved to Her Majesty to revoke, alter, or amend the VIII. And we do hereby require and command all Our Officers and Ministers, Civil and Military, and all other the inhabitants of Our said Dominion, to be obedient, aiding, and assisting unto Our said Governor-General, or, in the event of his death, incapacity, or absence, to such person or persons as may, from time to time, under the provisions of these Our Letters Patent, administer the Government of Our said Dominion. IX. And We do hereby reserve to Ourselves, Our heirs and full successors, power and authority from time to time to revoke, alter, or amend these Our Letters-Patent as to Us or them shall seem meet. present Letters Patent. Publication of LettersPatent. X. And We do further direct and enjoin that these Our Letters-Patent shall be read and proclaimed at such place or places as Our said Governor-General shall think fit within Our said Dominion of Canada. In Witness whereof We have caused these Our Letters to be made Patent. Witness Ourself at Westminister, the Fifth day of October, in the Forty-second Year of Our Reign. By Warrant under the Queen's Sign-Manual. C. ROMILLY. 2 CANADA DRAFT OF INSTRUCTIONS passed under the Royal SignManual and Signet to the Governor-General of the Dominion of Canada. VICTORIA R. Instructions to Our Governor-General in and over Our Dominion Dated 5th October, of Canada, or, in his absence, to Our Lieutenant-Governor 1878. Given at Our Court at Balmoral, this Fifth day of Letters- 1878, constituting the office of Governor General. WHEREAS by certain Letters-Patent bearing even date Preamble. herewith, We have constituted, ordered, and declared that there shall be a Governor-General (hereinafter called Our said Gov- Recites ernor-General) in and over Our Dominion of Canada (hereinafter called Our said Dominion), And We have thereby authorized and commanded Our said Governor-General to do and execute in due manner all things that shall belong to his said command, and to the trust We have reposed in him, according to the several powers and authorities granted or appointed him by virtue of the said Letters-Patent and of such Commission as may be issued to him under Our Sign-Manual and Signet, and according to such Instructions as may from time to time be given to him, under Our Sign-Manual and Signet, or by Our Order in Our Privy Council, or by Us through One of Our Principal Secretaries of State, and to such Laws as are or shall hereafter be in force in Our said Dominion. Now, therefore, We do, by these Our Instructions under Our Sign-Manual and Signet, declare Our pleasure to be that Our said Governor-General for the time being shall, with all due solemnity, cause Our Commission, under Our Sign-Manual and Signet, appointing Our said Governor-General for the time being, to be read and pub- Publication lished in the presence of the Chief Justice for the time being, or other Judge of the Supreme Court of Our said Dominion, and Commission. of the members of the Privy Council in Our said Dominion: And We do further declare Our pleasure to be that Our said Governor-General, and every other officer appointed to administer the Government of Our said Dominion, shall take the Oath of Allegiance in the form provided by an Act passed in the Session holden in the thirty-first and thirty-second years of of GovernorGeneral's Oaths to be taken by Governor General, &c. 641 |