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Certain powers of Governors to vest in Governor-General.

70. In respect of matters which, under this Constitution, pass to the Executive Government of the Commonwealth283, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony284, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similar powers285 under the Commonwealth, as the case requires.

CANADA.—All powers, authorities and functions which under any Act of the Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland, or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia, or New Brunswick, are at the Union vested in or exercisable by the respective Governors or Lieutenant-Governors of those Provinces, with the advice, or with the advice and consent, of the respective Executive Councils thereof, or in conjunction with those Councils, or with any number of members thereof, or by those Governors or Lieutenant-Governors individually, shall, as far as the same continue in existence and capable of being exercised after the Union in relation to the Government of Canada, be vested in and exercisable by the Governor-General, with the advice, or with the advice and consent of or in conjunction with the Queen's Privy Council for Canada, or any members thereof, or by the Governor-General individually, as the case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and Ireland) to be abolished or altered by the Parliament of Canada.—B.N.A. Act, 1867, sec. 12.

HISTORICAL NOTE.—Clause 11 of Chap. II. of the Bill of 1891 was drawn from sec. 12 of the British North America Act (supra). (Conv. Deb., Syd., 1891, p. 779.) At the Adelaide session, 1897, it was introduced and passed in the same form. In Sydney some drafting amendments were made; and at Melbourne, before the first report, it was re-drafted and condensed into its present form.

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