Executive Council (Canada) in the context of Canadian Cabinet


Executive Council (Canada) in the context of Canadian Cabinet

⭐ Core Definition: Executive Council (Canada)

Executive councils in the provinces of Canada are constitutional organs headed by the lieutenant governor and composed of the ministers in office. The executive branch of the Canadian federal government is not called an executive council; instead, executive power is exercised by the Canadian Cabinet who are always members of the King's Privy Council for Canada.

A Council's informal but functioning form is the Cabinet, headed by a provincial premier, who holds de facto power over the body. The Executive Council in Canadian provinces is composed only of ministers in office, and is the official body by which the Cabinet's constitutional advice is given to the lieutenant governor. That is, it serves the same function provincially as the Privy Council does federally, except that the Executive Council does not have the ceremonial role of directly advising the Monarch, proclaiming their successors, or assenting to some royal marriages.

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Executive Council (Canada) in the context of Lieutenant governor (Canada)

In Canada, a lieutenant governor (/lɛfˈtɛnənt/; French [masculine]: lieutenant-gouverneur, or [feminine]: lieutenante-gouverneure) is the representative of the King of Canada in the government of each province. The governor general of Canada appoints the lieutenant governors on the advice of the prime minister of Canada to carry out most of the monarch's constitutional and ceremonial duties for an unfixed period of time—known as serving "His Excellency's pleasure" — though five years is the normal convention. Similar positions in Canada's three territories are termed "commissioners" and are representatives of the federal government, not the monarch directly.

The offices have their roots in the 16th and 17th century colonial governors of New France and British North America, though the present incarnations of the positions emerged with Canadian Confederation and the British North America Act in 1867, which defined the viceregal offices as the "Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof." The posts still ultimately represented the government of Canada (that is, the Governor-General-in-Council) until the ruling in 1882 of the Lord Watson of the Judicial Committee of the Privy Council in the case of Maritime Bank v. Receiver-General of New Brunswick, whereafter the lieutenant governors were recognized as the direct representatives of the monarch. The Constitution Act, 1982 provides that any constitutional amendment that affects the office of the lieutenant governor requires the unanimous consent of each provincial Legislative Assembly as well as the House of Commons and the Senate.

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