The powers of Canada’s prime minister

Remarkably, this (microfilm copy of) a memorandum prepared in October 1935 by the Privy Council Office is the closest thing Canada has to written constitutional text on the role of the prime minister:

The Committee of the Privy Council, on the recommendation of the Right Honourable W.L. Mackenzie King, the Prime Minister, submit the following Memorandum regarding certain of the functions of the Prime Minister,-

1. A Meeting of a Committee of the Privy Council is at the call of the Prime Minister and, in his absence, of that of the senior Privy Councillor, if the President of the Council be absent;
2. The quorum of the Council being four, no submission, for approval to the Governor General, can be made with a less number than the quorum;
3. A Minister cannot make recommendations to Council affecting the discipline of the Department of another Minister;
4. The following recommendations are the special prerogative of the Prime Minister:

Dissolution and Convocation of Parliament:

Appointment of –

Privy Councillors;

Cabinet Ministers

Lieutenant Governors;

(including leave of absence to same);

Provincial Administrators;

Speaker of the Senate;

Chief Justices of all Courts;

Senators;

SubCommittees of Council;

Treasury Board;

Committee of Internal Economy, House of Commons;

Deputy Heads of Departments;

Librarians of Parliament;

Crown Appointments in both Houses of Parliament

Governor General’s Secretary Staff;

Recommendations in any Department.

The council advice that this Minute be issued under the Privy Seal, and that a certified copy thereof be attached, under the Great Seal of Canada, to the Commission of each Minister.

All which is respectfully submitted for Your Excellency’s approval.

The note was scanned by James W.J. Bowden.

The prime minister is not mentioned in the Constitution Act, 1982, though section VI enumerates the powers of parliament.

See also: Smiley, Donald. Canada in Question: Federalism in the Eighties. 1980. p. 17 (hardcover)