Letters Patent Constituting the
Office of Governor General of Canada
Effective October 1, 1947
"GEORGE R."
CANADA
George the Sixth, by the Grace of God, of Great
Britain, Ireland and the British Dominions beyond the Seas King,
Defender of the Faith.
[SEAL]
To All To Whom these Presents shall come,
GREETING:
Whereas by certain Letters Patent under the Great Seal bearing
date at Westminster the Twenty-third day of March, 1931, His late
Majesty King George the Fifth did constitute, order, and declare
that there should be a Governor General and Commander-in-Chief
in and over Canada, and that the person filling the office of
Governor General and Commander-in-Chief should be from time to
time appointed by Commission under the Royal Sign Manual and Signet:
And whereas at St. James' on the Twenty-third day of March, 1931,
His late Majesty King George the Fifth did cause certain Instructions
under the Royal Sign Manual and Signet to be given to the Governor
General and Commander-in-Chief:
And whereas it is Our Will and pleasure to revoke the Letters
Patent and Instructions and to substitute other provisions in
place thereof:
Now therefore We do by these presents revoke and determine the
said Letters Patent, and everything therein contained, and all
amendments thereto, and the said Instructions, but without prejudice
to anything lawfully done thereunder:
And We do declare Our Will and pleasure as follows:
I. We do hereby constitute, order, and declare that there shall
be a Governor General and Commander-in-Chief in and over Canada,
and appointments to the Office of Governor General and Commander-in-Chief
in and over Canada shall be made by Commission under Our Great
Seal of Canada.
II. And We do hereby authorize and empower Our Governor General,
with the advice of Our Privy Council for Canada or of any members
thereof or individually, as the case requires, to exercise all
powers and authorities lawfully belonging to Us in respect of
Canada, and for greater certainty but not so as to restrict the
generality of the foregoing to do and execute, in the manner aforesaid,
all things that may belong to his office and to the trust We have
reposed in him according to the several powers and authorities
granted or appointed him by virtue of the Constitution Acts, 1867
to 1940 and the powers and authorities hereinafter conferred in
these Letters Patent and in such Commission as may be issued to
him under Our Great Seal of Canada and under such laws as are
or may hereinafter be in force in Canada.
III. And We do hereby authorize and empower Our Governor General
to keep and use Our Great Seal of Canada for sealing all things
whatsoever that may be passed under Our Great Seal of Canada.
IV. And We do further authorize and empower Our 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 (including diplomatic and consular officers) and Ministers
of Canada, as may be lawfully constituted or appointed by Us.
V. And We do further authorize and empower Our Governor General,
so far as We lawfully may, upon sufficient cause to him appearing,
to remove from his office, or to suspend from the exercise of
the same, any person exercising any office within Canada, under
or by virtue of any Commission or Warrant granted, or which may
be granted, by Us in Our name or under Our authority.
VI. And We do further authorize and empower Our Governor General
to exercise all powers lawfully belonging to Us in respect of
summoning, proroguing or dissolving the Parliament of Canada.
VII. And Whereas by the Constitution Acts, 1867 to 1940, it is
amongst other things enacted that it shall be lawful for Us, if
We think fit, to authorize Our Governor General to appoint any
person or 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 Our Governor General, such of the powers,
authorities, and functions of Our Governor General as he may deem
it necessary or expedient to assign to such Deputy or Deputies,
subject to any limitations or directions from time to time expressed
or given by Us; Now We do hereby authorize and empower Our Governor
General, subject to such limitations or directions, to appoint
any person or 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 Our Governor General, such
of the powers, authorities, and functions of Our Governor General
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 Governor General.
VIII. And We do hereby declare Our pleasure to be that, in the
event of the death, incapacity, removal, or absence of Our Governor
General out of Canada, all and every the powers and authorities
herein granted to him shall, until Our further pleasure is signified
therein, be vested in Our Chief Justice for the time being of
Canada, (hereinafter called Our Chief Justice) or, in the case
of the death, incapacity, removal, or absence of Our Chief Justice,
then in the Senior Judge for the time being of the Supreme Court
of Canada, then residing in Canada and not being under incapacity;
such Chief Justice or Senior Judge of the Supreme Court of Canada,
while the said powers and authorities are vested in him, to be
known as Our Administrator.
Provided always, that the said Senior Judge shall act in the
administration of the Government only if and when Our Chief Justice
shall not be present within Canada and capable of administering
the Government.
Provided further that no such powers or authorities shall vest
in such Chief Justice, or other judge of the Supreme Court of
Canada, until he shall have taken the Oaths appointed to be taken
by Our Governor General.
Provided further that whenever and so often as Our Governor General
shall be temporarily absent from Canada, with Our permission,
for a period not exceeding one month, then and in every such case
Our Governor General may continue to exercise all and every the
powers vested in him as fully as if he were residing within Canada,
including the power to appoint a Deputy or Deputies as provided
in the Seventh Clause of these Our Letters Patent.
IX. And We do hereby require and command all Our Officers and
Ministers, Civil and Military, and all the other inhabitants of
Canada, to be obedient, aiding, and assisting unto Our Governor
General, or, in the event of his death, incapacity, or absence,
to such person as may, from time to time, under the provisions
of these Our Letters Patent administer the Government of Canada.
X. And We hereby declare Our Pleasure to be that Our Governor
General for the time being shall, with all due solemnity, cause
Our Commission under Our Great Seal of Canada, appointing Our
Governor General for the time being, to be read and published
in the presence of Our Chief Justice, or other Judge of the Supreme
Court of Canada, and of members of Our Privy Council for Canada,
and that Our Governor General shall take the Oath of Allegiance
in the form following:-"I, ................. do swear that
I will be faithful and bear true allegiance to His Majesty King
George the Sixth, His Heirs and successors, according to law.
So Help me God"; and likewise he shall take the usual Oath
for the due execution of the Office of Our Governor General and
Commander-in-Chief in and over Canada, and for the due impartial
administration of justice; which Oaths Our Chief Justice, or,
in his absence, or in the event of his being otherwise incapacitated,
any Judge of the Supreme Court of Canada shall, and he is hereby
required to, tender and administer unto him.
XI. And We do authorize and require Our Governor General from
time to time, by himself or any other person to be authorized
by him in that behalf, to administer to all and to every person
or persons, as he shall think fit, who shall hold any office or
place of trust or profit in Canada, that said Oath of Allegiance,
together with such other Oath or Oaths as may be from time to
time be prescribed by any Laws or Statutes in that behalf made
and provided.
XII. And do further authorize and empower Our Governor General,
as he shall see occasion, in Our name and on Our behalf, when
any crime or offence against the laws of Canada has been committed
for which the offender may be tried thereunder, to grant a pardon
to any accomplice, in such crime or offence, who shall give such
infomation as shall lead to the conviction of the principal offender,
or of any one of such offenders if more than one; and further
to grant to any offender convicted of any such crime or offence
in any Court, or before any Judge, Justice, or Magistrate, administering
the laws of Canada, a pardon, either free or subject to lawful
conditions, or any respite of the execution of the sentence of
any such offender, for such a period as to Our Governor General
may seem fit, and to remit any fines, penalties, or forfeitures,
which may become due and payable to Us. And We do hereby direct
and enjoin that Our Governor General shall not pardon or reprieve
any such offender without first receiving in capital cases the
advice of Our Privy Council for Canada and. in other cases, the
advice of one, at least, of his Ministers.
XIII. And We do further authorize and empower Our Governor General
to issue Exequaturs, in Our name and on Our behalf, to Consular
Officers of foreign countries to whom Commissions of Appointment
have been issued by the Heads of States of such countries.
XIV. And whereas great prejudice may happen to Our service and
to the security of Canada by the absence of Our Governor General,
he shall not quit Canada without having first obtained leave from
Us for so doing through the Prime Minister of Canada.
XV. And We do hereby reserve to Ourselves, Our heirs and successors,
full power and authority from time to time to revoke, alter, or
amend these Our Letters Patent as to Us or them shall seem fit.
XVI. And We do further direct and enjoin that these Our Letters
Patent shall be read and proclaimed at such place or places within
Canada as Our Governor General shall think fit.
XVII. And We do further declare that these Our Letters Patent
shall take effect on the first day of October, 1947.
In witness whereof We have caused these Our Letters to made Patent,
and for the greater testimony and validity thereof, We have caused
Our Great Seal of Canada to be affixed to these presents, which
We have signed with Our Royal Hand.
Given the eighth day of September in the Year of Our Lord One
Thousand Nine Hundred and Forty-Seven and in the Eleventh Year
of Our Reign.
BY HIS MAJESTY'S COMMAND,
W. L. MACKENZIE KING,
Prime Minister of Canada
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