Bill C-569: An Act respecting the procedure for the appointment and removal of the Governor General

C-569 Second Session, Forty-first 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 first reading, January 29, 2014 Mr. Reid 412118 SUMMARY This enactment sets out the procedure to be followed in the appointment and removal of the Governor General. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 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 Preamble 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 Short title 1. This Act may be cited as the Governor General Appointment and Removal Procedure Act. INTERPRETATION Definition of “Advisory Committee” 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 Procedure for appointment 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. Consultation (2) The Prime Minister must consult with the Advisory Committee in the manner set out in Schedule 1. Administrator 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. Procedure for removal 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. For greater certainty 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). Her Majesty 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 Recommendations 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. SCHEDULE 1 (Sections 3 and 4) PROCEDURE FOR THE PRIME MINISTER TO FOLLOW WHEN ADVISING HER MAJESTY ON THE APPOINTMENT OF THE GOVERNOR GENERAL 1. When a vacancy is anticipated, the Prime Minister initiates a non-binding recommendation process by requesting the members of the Advisory Committee to make recommendations on one or more eligible candidates for the office of Governor General. 2. The Advisory Committee engages in national consultations with public office holders and other individuals for this purpose. 3. The Advisory Committee reports the progress of its deliberations and consultations to the Prime Minister. 4. The Advisory Committee presents a report to the Prime Minister with a list of eligible candidates recommended for consideration by the Prime Minister. 5. The Prime Minister reports the name of an eligible candidate to the House of Commons, and must move the following motion: “In the opinion of the House, the Prime Minister should advise Her Majesty to appoint ______ as Governor General.” 6. If the Prime Minister deems that it is appropriate to do so, he or she reports the name of the eligible candidate to the leader of each of the officially recognized parties before reporting it to the House of Commons. 7. If, after the Prime Minister has moved his or her motion in rule 5, the leaders of each of the officially recognized parties indicate to the Speaker of the House of Commons that they approve the motion, it is adopted without further debate or with as much debate as the House of Commons deems appropriate. 8. If the leaders of each of the officially recognized parties indicate to the Speaker of the House of Commons that they do not approve of the motion, it is debated on any date fixed by the Speaker of the House of Commons and voted on in the House of Commons. 9. The motion cannot be amended. 10. Subject to this Act, the House of Commons may, by standing order, make rules respecting this Schedule. 11. A failure to comply with any or all of rules 1 to 4 is not to be deemed to invalidate the results of a vote of the House of Commons pursuant to the Prime Minister’s motion under rule 5. SCHEDULE 2 (Section 5) PROCEDURE FOR THE PRIME MINISTER TO FOLLOW WHEN ADVISING HER MAJESTY ON THE REMOVAL OF THE GOVERNOR GENERAL 1. The Prime Minister may, at any time the Standing Orders of the House of Commons permit a minister to move a motion, move the following motion: “That, in the opinion of the House, the Prime Minister should advise Her Majesty to dismiss the Governor General and, in accordance with section 8 of the Letters Patent Constituting the Office of Governor General and Commander-in-Chief of Canada and sections 3 and 4 of this Act, appoint an Administrator or a new Governor General, as the case may be.” 2. The Prime Minister informs the House of Commons of the reasons for seeking the removal of the Governor General. 3. The leader of each of the officially recognized parties has the opportunity to speak to the motion. 4. The motion cannot be amended. 5. The debate and a vote on the motion are held on any date fixed by the Speaker of the House of Commons, subject to any rule made pursuant to rule 6. 6. Subject to this Act, the House of Commons may, by standing order, make rules respecting this Schedule. Published under authority of the Speaker of the House of Commons