Parliamentary Institutions - The Canadian System of Government
, 4th ed., p. 8)
T
he Parliament of Canada consists of the Crown, the Senate and the House of Commons. Canada’s Parliament  was created by the Constitution Act, 1867,  [1]   a statute of the British Parliament  [2]   uniting the provinces of Nova Scotia, New Brunswick and Canada (Ontario and Quebec).  [3]   The legislation which gave birth to this new political confederation, to be known as the Dominion of Canada,  was passed by Westminster  [4]   on March 29, 1867, and came into force on July 1 of that year. The Dominion’s first general elections  were held later that summer and the House of Commons assembled at Ottawa for the first time on November 6,  1867. Members proceeded to elect James Cockburn, M.P., as their Speaker  [5]   and the next day, November 7, the Dominion Parliament met to hear the Governor General, Lord Monck, read  Canada’s inaugural Speech from the Throne.  [6]  
While the law enacting Canada’s Parliament came into force on July 1, 1867, it would be misleading  to conclude that Canadian parliamentary institutions were created at Confederation; they were then  neither new nor untried. The provinces of Canada (Ontario and Quebec), Nova Scotia and New Brunswick each  possessed sophisticated systems of governance, including legislative assemblies and upper houses,  functioning according to historic, well-understood principles of parliamentary law and practice. While  these parliamentary traditions were largely British in origin, they had been adapted over the years as  the local political situation required. This body of domestic practices, traditions, customs and  conventions grew with the result that, at Confederation, Canada’s parliamentary system was well  adapted to meet the needs of governing a young, diverse and growing nation.  [7]  
The oldest of Canada’s institutional structures, those found in the Maritime Provinces, evolved  out of the myriad instructions and commissions issued by the imperial government to successive governors  over the years of British colonial rule.  [8]   By contrast, the institutional structure which emerged in the territory comprising present-day Ontario  and Quebec was from the beginning laid out in statutes, a practice continued at Confederation with the  enactment of the Constitution Act, 1867.
The Canadian System of Government
Canada is a parliamentary democracy: its system of government holds that the law is the supreme   authority. The Constitution Act, 1867, which forms the basis of Canada’s written constitution,   provides that there shall be one Parliament for Canada, consisting of three distinct elements: the   Crown, the Senate and the House of Commons. However, as a federal state, responsibility for lawmaking   in Canada is shared among one federal, ten provincial and three territorial governments.
The power to enact laws is vested in a legislature composed of individuals selected to represent the   Canadian people. Hence, it is a “representative” system of government. The federal legislature is   bicameral: it has two deliberative “houses” or “chambers” — an upper house, the Senate, and a   lower house, the House of Commons.  [9]   The Senate is composed of individuals appointed by the Governor General to represent Canada’s provinces   and territories. Members of the House of Commons are elected by Canadians who are eligible to vote.  [10] The successful candidates are those who receive the highest number of votes cast among the candidates in   their electoral district in this single-member, simple-plurality system.
Canada is also a constitutional monarchy, in that its executive authority is vested formally in the   Queen through the Constitution.  [11]   Every act of government is carried out in the name of the Crown, but the authority for those acts flows   from the Canadian people.  [12]   The executive function belongs to the Governor in Council, which is, practically speaking, the Governor   General acting with, and on the advice of, the Prime Minister and the Cabinet.  [13]
Political parties play a critical role in the Canadian parliamentary system.  [14] Parties are organizations, bound together by a common ideology, or other ties, which seek political   power in order to implement their policies. In a democratic system, the competition for power takes   place in the context of an election.
Finally, by virtue of the Preamble to the Constitution Act, 1867, which states that Canada is   to have “Constitution similar in Principle to that of the United Kingdom”, Canada’s   parliamentary system derives from the British, or “Westminster”, tradition. The Canadian system of   parliamentary government has the following essential features:
Parliament consists of the Crown and an upper and lower legislative Chamber;
Legislative power is vested in “Parliament”; to become law, legislation must be assented to   by each of Parliament’s three constituent parts (i.e., the Crown, the Senate and the House of Commons);
Members of the House of Commons are individually elected to represent their constituents within a   single electoral district; elections are based on a single-member constituency, first-past-the-post or   simple-plurality system (i.e., the candidate receiving more votes than any other candidate in   that district is elected);
Most Members of Parliament belong to and support a particular political party;  [15]  
The leader of the party having the support of the majority of the Members of the House of Commons   is asked by the Governor General to form a government and becomes the Prime Minister;
The party, or parties, opposed to the government is called the opposition (the largest of these   parties is referred to as the “official” opposition);
The executive powers of government (the powers to execute or implement government policies and   programs) are formally vested in the Crown, but effectively exercised by the Prime Minister and Cabinet,   whose membership is drawn principally from Members of the House belonging to the governing party;
The Prime Minister and Cabinet are responsible to, or must answer to, the House of Commons as a body   for their actions; and
The Prime Minister and Cabinet must enjoy the confidence of the House of Commons to remain in office.   Confidence, in effect, means the support of a majority of the House.
Canadian Parliamentary Institutions
Historical Perspective
The Years Preceding Confederation
The history of Canadian parliamentary institutions begins in Nova Scotia. In 1758, the colony was   granted an elected assembly,  [16]   becoming the first Canadian colony to enjoy a representative political institution.  [17]   No limit was set for the duration of a legislature; in fact, the Assembly elected in 1770 sat until   1785. In 1792, legislation was passed limiting the duration to seven years and subsequently to four   years in 1840. Following the example of Nova Scotia, Prince Edward Island was granted a popular   assembly in 1773  [18]   and the newly designated province of New Brunswick in 1784.  [19]   Each of the three maritime colonies continued to be administered by a British governor and an   appointed executive council. Upper chambers (called “Legislative Councils”) were introduced as   distinct legislative bodies in New Brunswick in 1832 and in Nova Scotia in 1838.  [20]  
The situation was considerably different in New France, where there was no legislature and virtually   no popular participation in political affairs. For a short period, residents of the settlements now   known as Quebec City, Montreal and Trois-Rivières elected representatives or “syndics” to sit as   members of the colonial council. The Council, however, remained responsible to the King of France or   the governor of New France, not to the people. The office of syndic was disbanded in 1674 by Jean-Baptiste   Colbert, then secretary of state for colonial affairs.  [21]  
In 1760, as a result of the Seven Years’ War between Britain and France, New France was ceded to   England under the terms of the Treaty of Paris.  [22]   In 1763, King George III of England issued a proclamation establishing governments for each of   Britain’s recently acquired territories in the New World, including the territory known as Quebec.  [23]  
Chronological Development of Canadian Parliamentary Institutions
Date
The Northwest Territories’ legislative council (known as the Legislative Assembly after 1976) was fully elected.
1999
Nunavut was created out of the Northwest Territories and given its own legislature effective April 1.
A governor was commissioned and authorized to appoint a local executive council and summon a   popular (elected) assembly, modelled on the one in Nova Scotia.  [24]   Together, they were empowered to make laws for the peace, welfare and good government of the   colony.  [25]   However, before they could sit in the assembly, elected representatives were required to swear   allegiance to the British Crown and to make a declaration against transubstantiation,  [26] a fundamental tenet of the Roman Catholic faith.  [27]   Few of the original inhabitants were willing to make the declaration, with the result that no   assembly ever met. The Royal Proclamation also imposed British civil and criminal law,   which upset many of the original inhabitants who had believed their traditional civil and   property rights were secured under the terms of the Treaty of Paris.  [28]   For the next 11 years, the “Province of Quebec”, as it was then known, was ruled by the   Governor General with the assistance of his executive council.
In 1774, the British Parliament passed the Quebec Act, which defined a new constitutional   form for Quebec.  [29]   The Act enlarged the boundaries of the province  [30]   and no longer required Roman Catholics to take the oath of abjuration, should they wish to assume   public office. The new Act, however, made no provision for an elected assembly; government was   entrusted to a governor and a legislative council, both appointed by the Crown.  [31]   The council, with the assent of the governor, had the right to make laws but had no authority to   impose taxes or duties except those authorized by local inhabitants for roads and other ordinary   services. The costs of the civil administration were covered by revenues from duties on spirits and   molasses, with any deficiencies made up out of the Imperial treasury.  [32]  
The passage of the Quebec Act represented the first time that the British Parliament had   intervened directly in Canadian affairs; previous constitutional arrangements had been imposed by   royal prerogative (i.e., the King acting unilaterally).  [33]  
In 1776, the United States declared its independence from Britain and over the next 20 years, thousands   of British loyalists emigrated to Canada, many settling in what are now Ontario and Quebec. The   dramatic rise in settlers of British descent increased the demand for political representation. However,   it was not until 1791, when the Quebec Act was replaced by theConstitutional Act, that   representative institutions were finally acquired.  [34]  
The Constitutional Act, 1791, divided the original Province of Quebec into two provinces — Lower Canada (now Quebec) and Upper Canada (now Ontario). Each was provided with both an upper house, or   legislative council, and an elected assembly. Members of the legislative council were to be appointed by   the Sovereign for life;  [35]   those of the assembly were to be elected. To sit either in the council or in the assembly, Members had to   be at least 21 years of age and subjects of the British Crown. Provision was made for the Governor to   appoint a Speaker for the legislative council; none was made for selecting Speakers for the assemblies.   Each question coming before the legislatures would be decided by a majority of votes cast; in the event of   a tie, the Speaker would have the deciding voice.  [36]   As well, provision was made for the Crown to appoint, in each province, an executive council to advise and   assist the Governor in the administration of the province.  [37]   The legislature of Upper Canada met for the first time on September 17, 1792, at Newark, now   Niagara-on-the-Lake; that of Lower Canada on December 17, 1792, at Quebec. The Governor was authorized to   fix the time and place of meetings of the legislature and to prorogue or dissolve it when deemed expedient,   provided the legislature met at least once in every year and that each legislative assembly continued for   a period of no longer than four years.  [38]   The Governor was empowered to give, as well as withhold, the Royal Assent  [39] for bills and to “reserve”  [40]   bills for the further consideration and approval of the Crown.  [41]  
Legislation was enacted by way of bills which were first considered and passed by both houses of the   legislature — the assembly and the legislative council — then assented to by the Governor on behalf of   the Crown. This reflected the structure of the British Parliament at Westminster, with the Governor   representing the Sovereign, and the assembly and legislative council assuming the roles and functions of   the House of Commons and the House of Lords, respectively.
There was, however, endless conflict between the appointed Governors and the elected representatives   over who should control public spending (Supply)  [42] and who should appoint public officials (the civil list).  [43]   “For years, colonial reformers had argued that the only way to ensure harmony between the executive and   the legislature was for the Governor to appoint to his Executive Council those who had the confidence of,   and were responsible to, the Assembly”.  [44]   This, in effect, suggested the implementation of responsible government.
Ultimately, discontent led to rebellions in both Upper and Lower Canada during the period 1837-38.  [45]   The Lower Canadian Assembly formulated its grievances in the form of ninety-two resolutions, including a   demand for an elected legislative council.  [46]   In 1838, Lord Durham arrived in Canada as High Commissioner and Governor General of British North America.  [47]   He produced an elaborate report for the British Parliament outlining the difficulties, as he saw them. Among   his recommendations, Durham proposed that Upper and Lower Canada be reunited under one legislature and   called for the institution of responsible government.  [48]   Under a system of responsible government, the governor could act only on the advice of ministers who were   supported by members of the elected assembly, in other words, by those who represented the interests of the   local citizenry most directly.
In July 1840, An Act to re-unite the Provinces of Upper and Lower Canada and for the Government   of Canada, known as the Union Act, 1840,  [49]   was adopted by the British Parliament and came into effect on February 10, 1841. The Act provided for   a single Legislative Council, composed of no less than 20 members appointed by the Crown,  [50]   and a single Legislative Assembly, with equal representation from each part of the newly constituted “Province of Canada”.  [51]   Passage of the Act also signalled acceptance of the principle of responsible government by the colonial   administration. Lord Sydenham, the first Governor General of Canada following the Union Act, 1840,   introduced two practices which were essential prerequisites for responsible government. First, he reorganized   the executive, creating departments and placing each under the direction of a single political head,   transforming his council into a genuine policy-making body. Secondly, he created a government party, using   his powers and patronage to ensure his ministers had support in the legislature. Although his system broke   down, it paved the way for the introduction of responsible or cabinet government of the type which still   exists. In 1847, the new Colonial Secretary in the British Government, Lord Grey, instructed Governors Sir   John Harvey (Nova Scotia) and Lord Elgin (Canada) that, in future, they should choose their Councils from   the leaders of the majority party in the Assembly. Shortly thereafter, in 1848, the principle was tested in   Nova Scotia where the ministry resigned following its defeat on a motion of confidence in the Assembly and   the Governor called upon the leader of the majority party to form a new government. Within a few weeks,   similar changes of government had taken place in Canada and in New Brunswick, and the principle of responsible   government was firmly established in British North America.  [52]  
In 1854, the British Parliament had passed, in response to an address (a formal request) from the   Legislative Assembly of Canada, an act empowering the legislature to alter the constitution of the   Legislative Council. Two years later, the legislature passed an act providing for an elected upper house,  [53]   and the first election of Members to the upper house took place later that year. Until 1862, the Speaker of   the Legislative Council continued to be appointed by the Crown, after which time the Councillors elected   their own.  [54]  
The development of Newfoundland’s parliamentary institutions followed a different path. Until 1824,   the territory was not even recognized as a colony. From 1729 until 1829, the commander of the British   naval convoy served as governor during the months the convoy was stationed in Newfoundland to protect    the English fishing boats. In 1824, it was recognized as a true colony administered by a governor   assisted by an appointed council. An election for a legislative assembly was called by the governor in   1832.  [55]   As had been done previously in Nova Scotia and New Brunswick, an upper chamber was created in 1855  [56]   and, at the same time, the province was granted responsible government.
The only other part of the country having pre-Confederation experience with British representative   institutions was British Columbia,  [57]   which was created in 1866 out of an amalgamation of two English colonies: Vancouver Island and mainland   British Columbia. While Vancouver Island had authority to elect an assembly when it was created in 1849,  [58]   in mainland British Columbia, only the Governor was empowered to make laws for the colony when it was   constituted in 1858. With the union of the two colonies in 1866, government was exercised by the Governor   and legislative council; there was no provision for an elected assembly. When British Columbia joined   Confederation in 1871, the terms of union  [59]   provided for an elected provincial assembly although responsible government was not realized until the   following year.  [60]  
Confederation
Beginning in the late 1850s and continuing into the early 1860s, there was increasing pressure on   the provinces of British North America to unite.  [61]   The movement was prompted by political difficulties in the Province of Canada  [62]   and fuelled by collective prospects for economic advantage and improved military security.
Such a federal union had been recommended by Lord Durham in his report and discussed more than once in   the legislatures of British North America.  [63]   On September 1, 1864, delegates from the Maritime Provinces met in Charlottetown to discuss the union of   Nova Scotia, New Brunswick and Prince Edward Island. They were joined by representatives from both parts of   the Province of Canada with the result that a decision was made to consider a larger union of all the   provinces.  [64]   A second meeting was held in Quebec City beginning on October 10, 1864, attended by 33 delegates   representing the provinces of Canada, Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland.   After 18 days of deliberation, the delegates unanimously approved 72 resolutions embodying the terms of a   federal union.  [65]  
The resolutions were debated in the legislature of the Province of Canada from February 3 to March 14,   1865, culminating in the agreement of both houses to proceed with the union. Maritime opposition,   however, delayed the process for over a year.  [66]   In the fall of 1866, delegates from Canada, Nova Scotia and New Brunswick travelled to London, England, to   meet with the Colonial Secretary and make their case to legislators in the British Parliament. Sixty-nine   resolutions were drafted and introduced in the form of the British North America Act on February 12,   1867.  [67]   The legislation received Royal Assent a little over a month later, on March 29, and came into force on July   1 of the same year.
The preamble of the Act expressed the desire of the founding provinces to be federally united, with a   constitution similar in principle to that of the United Kingdom.  [68]   The Act entrenched the three principal elements of British parliamentary tradition — monarchy,   representation and responsibility — in a new federal form of government. A central government was created   for national purposes, and provincial governments for matters of regional or local concern. The provincial   governments were not to be subordinate to the national government; rather, within its own jurisdiction, each   was to be largely autonomous.
Although only Nova Scotia, New Brunswick, and the Province of Canada (subsequently named Ontario and   Quebec) initially chose to be included in the new Dominion of Canada, the Constitution Act, 1867 made provision for the admission of Newfoundland, Prince Edward Island, British Columbia and “Rupert’s   Land and the North-western Territory” (subsequently designated the Northwest Territories) at a later date.  [69]   The Northwest Territories became part of Canada in 1868,  [70]   the province of Manitoba was established in 1870,  [71]   British Columbia joined the federation in 1871  [72]   and Prince Edward Island in 1873.  [73]   The provinces of Saskatchewan and Alberta were formed in 1905.  [74]   Following provincial boundary changes, only the Northwest Territories and the Yukon (created out of the   Northwest Territories in 1898) were left as “territories” within Canada.  [75]   Newfoundland joined Confederation, becoming the tenth Canadian province in 1949.  [76]   In 1999, Nunavut was created out of the Northwest Territories and given its own legislature.  [77]  
Institutional Framework
The Constitution
In Canada, the Constitution is not found in one single document.  [78]   The Constitution Act, 1867, did not codify all of the new Dominion’s constitutional rules,   stating simply that Canada was to have a “constitution similar in principle to that of the United   Kingdom”.  [79]   Apart from changes needed to establish the new federation, the old rules governing the exercise of public   authority continued in form and substance virtually unchanged from those operating in the colonies at the   time of Confederation. For this reason, much of Canadian constitutional law is found outside the   Constitution Acts. In fact, some of Canada’s most important rules are not matters of law at all, but   conventions.  [80]  
The Constitution prescribes which powers — legislative, executive and judicial — may be exercised by   which organs of the state, and sets limits on those powers. Canada being a federal state, the   Constitution also describes how powers will be distributed among the national and provincial governments.  [81]   Finally, constitutional amendments enacted in 1982 included a Charter of Rights and Freedoms with   which all subsequent legislation would have to conform.  [82]  
The Crown
In Canada, the state is commonly referred to as “the Crown”,  [83]   the country’s supreme executive authority.  [84]   On the other hand, the Crown is constitutionally conferred in the person of the Sovereign. In order to   distinguish the notion of the Canadian “Crown” from the Crown in other countries that recognize the   British Monarch as their formal head of state, it is usual to speak of “the Crown in right of Canada”.  [85]  
Much of Britain’s constitutional development revolved around Parliament’s efforts to limit or   appropriate royal prerogative power. Today, with very few exceptions, no act of the monarch (or Governor   General as the monarch’s representative) is carried out without the formal advice and consent of the   Prime Minister and Cabinet. The Crown does retain the right to be consulted, to encourage and to warn.  [86]  
Because Canada is a federal state, the Crown is represented in each of the provinces by a Lieutenant Governor.
The Governor General
Although the Sovereign is the formal head of state, almost all of the Sovereign’s powers over   Canada have been assigned to the Governor General,  [87]   with the notable exception of the power to appoint or dismiss Governors General. The Queen appoints the   Governor General by Commission under the Great Seal of Canada  [88]   on the recommendation of the Prime Minister. The term of office begins with the Governor General’s   installation in the Senate Chamber by the Chief Justice of Canada or any other of the Puisne Judges   of the Supreme Court of Canada. Tenure is “at pleasure” usually lasting five years, although   terms have been extended to as long as seven years.  [89]   The incumbent bears the title “Governor General and Commander-in-Chief in and over Canada”.  [90]  
The Governor General may name one or more deputies, usually justices of the Supreme Court, to exercise   on his or her behalf, any of the lawful powers, functions and authorities in respect of Canada that he   or she deems necessary or expedient to assign.  [91]   A common example is the power to grant Royal Assent.  [92] In the case of a Governor General’s death, incapacity, removal or absence from the country, the Chief   Justice of the Supreme Court (or, in the case of death, incapacity, removal or extended absence of the   Chief Justice, the senior judge of the Court) becomes “Administrator of the Government” and assumes the   powers of the Governor General.  [93]   If the Governor General is to be absent for less than 30 days, he or she designates the Deputy Governor   General to act on his or her behalf.  [94] Deputy Administrators are named as a matter of course each time an Administrator assumes office.  [95]
Until the 1950s, the office of Governor General of Canada had always been held by a citizen of the United   Kingdom — in the early years of Confederation, by members of the British royal family or nobility, and   later by retired senior military officers. In 1952, Vincent Massey became the first Canadian to assume   the office; since that time all Governors General have been Canadian citizens.
Origins
The Office of the Governor General is one of Canada’s oldest institutions. The Governor General   was the chief dignitary in New France and was appointed by the King.  [96]   In the eighteenth century, the highest ranking official in the British North American colonies was given   the title of “Captain General and Governor in Chief”.  [97]   At that time, wars and other hostilities were frequent occurrences and the Governor General truly exercised   a military function in addition to his executive responsibilities. Over time, the powers of the office have   declined or have been undertaken by the Prime Minister and Cabinet.  [98]  
At the time of Confederation, the Governor General was both the Sovereign’s personal representative and   an agent of the British government.  [99]   This meant that, in matters deemed to be of “imperial” concern, the Governor General acted on the   instructions of the British Colonial Office.  [100]   Between 1887 and 1937, the principal means of high-level consultation between representatives from the   United Kingdom, Canada, and other self-governing parts of the British Empire/Commonwealth were the colonial   and imperial conferences. The report on the conclusions of the 1926 conference (the Balfour Report) led   directly to the recognition of dominion autonomy.  [101]   The Governor General ceased to be a representative of the British government and ceased to be appointed on   the advice of the British Cabinet.  [102]  
In addition to the powers and jurisdiction of successive Governors General cited in the Constitution   Act, 1867, others have been enumerated in a series of commissions, instructions and letters patent,  [103] issued initially by the Sovereign, and later by the British Colonial Office. Of these, the letters patent   issued in 1947 and still effective today were the most crucial. The Letters Patent Constituting the   Governor General of Canada, 1947  [104]   replaced all prior commissions, instructions and letters patent and established the right of the Governor   General to exercise, with the advice of the duly elected government, all the powers and authorities of the   Sovereign in right of Canada. However, not all the powers conferred by the 1947 instrument were exercised   immediately. Canadian diplomatic appointments, for example, have been made by the Governor General, rather   than by the Sovereign, only since 1977.  [105]  
Legislative and Executive Powers
The Constitution Act, 1867, accords the Governor General certain basic powers of government. In   administering the executive authority of the government, the Governor General exercises his or her powers,   almost without exception, upon the advice of the federal Cabinet.  [106]   A recommendation from the Governor General must accompany all spending measures  [107]   and it is the Governor General who gives Royal Assent to legislation adopted by both the Senate and the   House. Under the Constitution, the Governor General (or Lieutenant Governor, in the case of a province) may   also withhold Royal Assent.  [108]  
The Canadian Constitution stipulates that only Parliament can authorize the expenditure of public funds.   However, under exceptional circumstances, the Governor General may be asked to issue a Special Warrant   permitting the government to make expenditures which are not otherwise authorized.  [109]   This provision, for example, makes it possible for the government to meet its expenditures when Parliament   is dissolved for a general election. Governor General’s “Special” Warrants are to be distinguished   from Governor General’s Warrants which are issued and signed by the Governor General each time funds are   withdrawn from the Consolidated Revenue Fund.
The Governor General appoints Senators to the Upper House,  [110]   as well as the Speaker of the Senate,  [111]   summons Parliament into session  [112]   and prorogues and dissolves Parliament.  [113]   At the start of every new session of Parliament, the Governor General reads the Speech from the Throne which   sets out the government’s agenda. All Privy Councillors,  [114]   which include Ministers, are appointed and may be removed by the Governor General, who also appoints court   judges.  [115]   The Governor General is also Commander-in-Chief of the Armed Forces,  [116]   performs a number of ceremonial functions, and represents Canada in state visits abroad and in other   international events.
The Governor General appoints provincial Lieutenant Governors.  [117]   As well, various officers, including commissioners, justices of the peace, and diplomats, may be appointed   and likewise removed from office by the Governor General.  [118]   By the same authority, the Governor General presides over the administration of oaths of allegiance and   oaths of office, issues exequaturs (i.e., instruments for the recognition of foreign diplomatic   representatives) and grants pardons.  [119]  
The Governor General also enjoys certain prerogative or discretionary powers.  [120]   One of the duties of the Governor General is to choose the Prime Minister. The individual selected must be   someone who is willing to form a government and seek the confidence of the House of Commons. By convention,   this is the leader of the political party that has won a majority of seats in the House of Commons in a   general election. Where no party is given a majority, the defeated Ministry may choose to stay in office   until defeated in the House, or it may resign. If it resigns, the Governor General will ask the leader of   the opposition party most likely to enjoy the confidence of the House to form a government.  [121]   However, it is still correct to refer to the Governor General’s prerogative or discretionary powers in   appointing a Prime Minister, subject of course to the selection being sustained in the House of Commons, as   this remains one of the few decisions the Governor General makes without ministerial advice.  [122]  
Among the other discretionary prerogatives is the power to dissolve Parliament for a general election,   which is done normally at the request of the Prime Minister. Conventionally, where the government is in a   majority position, the Governor General grants the Prime Minister’s request. However, when the Prime   Minister leads a minority government (i.e., one that does not hold an absolute majority of the seats in the   House of Commons), the Governor General may exercise personal discretion in whether or not to accede to the   Prime Minister’s request.  [123]  
The discretionary prerogatives are invoked rarely and only in the most exceptional circumstances. The   overwhelming majority of the Governor General’s powers are invariably exercised on the advice of the Prime Minister and Cabinet.
The Legislature
Section 17 of the Constitution Act, 1867, states that “there shall be one Parliament for Canada   consisting of the Queen, an Upper House styled the Senate and the House of Commons”. Thus, the legislative   arm of Canada’s Parliament is bicameral. Each house has equal status as regards to its immunities,   privileges and powers,  [124]   but each is far from being a duplicate of the other. Confidence in the government is tested in the lower   house (called the confidence chamber) where by custom members of the Ministry sit. Furthermore, although the   same legislation must be adopted by both houses before being given Royal Assent, bills for the appropriation   of public revenues or for imposing any tax must originate in the House of Commons.  [125]   Another marked difference between the two houses is that the Speaker in the Senate is appointed by the   Governor General,  [126]   while the House of Commons elects its own Speaker.  [127]   Each Chamber functions in accordance with its own traditions, powers and practices.
The Senate
The Senate is the appointed upper house of the Parliament of Canada. It exercises all the powers of the   House of Commons with the exception of the right to initiate financial legislation.  [128]   Senators are “summoned” or appointed by the Governor General on the recommendation of the Prime Minister.   They must be at least 30 years of age, reside in the province for which they have been summoned and have   real and personal property worth $4,000, in excess of any debts and liabilities.  [129]   Quebec Senators must both reside in and hold their property in the electoral division of appointment.  [130]   A Senator may resign by advising the Governor General in writing to this effect.  [131]   A Senator’s place becomes vacant if the Senator is absent for two consecutive sessions; becomes bankrupt   or insolvent or a public defaulter; becomes a citizen or subject of any foreign power; is attainted of   treason or convicted “of any infamous crime”; or ceases to be qualified in respect of property or   residence.  [132]   Unless they die, resign, are disqualified or their seat is declared vacant, Senators hold office until they   retire at age 75.  [133]  
At Confederation, provision was made for 72 Senators.  [134]   This number has been adjusted several times, mainly to accommodate the addition of new provinces and   territories. For the purposes of Senate representation, Canada is deemed to be divided into four divisions:   the Western Provinces, the Maritime Provinces, Ontario and Quebec. To these four divisions have been added   Newfoundland, the Yukon, the Northwest Territories and Nunavut.  [135]   The Constitution Act, 1867, now provides for 105 members  [136]   of the Senate with the membership distributed as follows:
Distribution of Senate members