Swearing-In Process

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Swearing-In Ceremony

When a new government is formed, the governor general presides over the swearing-in of the prime minister of Canada and members of their Ministry during a ceremony in the Ballroom at Rideau Hall. Here is background information on the sequence of events.

Swearing-In of a Ministry

The ministry is the executive arm of government that formulates and supervises the carrying out of all government policies.

The ministry  is composed of members of the Privy Council, who are invited by the prime minister to oversee the administration of government departments or ministries of State, and ministers without portfolio.

When a prime minister is defeated or decides to resign from office, he or she indicates his or her intention to resign to the governor general. In the case of a prime minister informing the governor general of his or her wish to retire and to resign from office, the governor general, in accepting the resignation, may seek the prime minister’s advice as to a successor. The governor general then decides who is in the best position to command the confidence of the House of Commons, and invites that person, during a meeting at Rideau Hall, to form a government.

If the governor general’s invitation to form a government is accepted, a time and a date are agreed upon for the swearing in of the new ministry. The formal resignation of the outgoing prime minister, which also covers that of his or her ministers, is submitted to the governor general very shortly before the swearing-in of the new prime minister. His Majesty The King is informed by the governor general of the acceptance of the resignation of a prime minister and of the swearing in of a new prime minister and members of the ministry.

The Oath of Office is administered to the prime minister-designate by the clerk of the Privy Council, at the commencement of the swearing‑in ceremony of the new ministry. The governor general, the prime minister and the clerk of the Privy Council then sign the Oath Book. If the prime minister-designate is not a privy councillor (member of the Privy Council), he or she will first take the oaths of Allegiance and of the member of the Privy Council, before the Oath of Office is administered.

The instrument of advice recommending the appointment of members of the ministry is signed by the prime minister and presented to the governor general. The governor general indicates his or her acceptance of the recommendation by countersigning the instrument of advice.

In the case that any ministers retain the portfolio held under the previous administration, they do not need to be re‑sworn. They are presented to the governor general by the prime minister.

Ministers‑designate are then sworn in to the Ministry in an order determined by the prime minister. Throughout our history, this order has varied.

Ministers-designate who are privy councillors and who are changing portfolios or accepting new portfolios subscribe to their respective oath of office in front of the clerk of the Privy Council before being presented to the governor general by the prime minister.

Ministers‑designate who are not already privy councillors subscribe to the Oath of Allegiance, the Oath of the members of the Privy Council, and the Oath of Office, before being presented to the governor general by the prime minister.

If applicable, the same order is followed for ministers of State-designate. Ministers of State, also known as secretaries of State, are ministers appointed to assist other ministers. They are part of the ministry but not of Cabinet; however, the prime minister may decide that they will attend Cabinet Committee meetings.

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Swearing-In of Privy Councillors

Privy councillors are members of The King’s Privy Council for Canada, established under the Constitution Act, 1867 (formerly the British North America Act) to advise the Crown. The Privy Council includes all past and present Cabinet ministers, as well as a number of distinguished persons. Members are appointed for life by the governor general, on the recommendation of the prime minister. After being sworn in, privy councillors carry the title “Honourable” as well as the post-nominals ‘P.C.’ after their family names. The appointment is for life, effective from the date of the swearing in ceremony.

Background:

The Constitution Act, 1867 states:

“There shall be a Council to aid and advise in the Government of Canada, to be styled the King’s Privy Council for Canada; and the Persons who are to be members of that Council shall be from time to time chosen and summoned by the governor general and sworn in as Privy Councillors, and Members thereof may be from time to time removed by the governor general.”

Until 1891, all privy councillors were either Cabinet ministers or former Cabinet ministers. In that year, for the first time, privy councillors were appointed who were not Cabinet ministers when former speakers of both houses were sworn in. There is no legal limitation on those who may be made members, but they must be in a position to take the Oath of Allegiance and the Oath of the Members of the Privy Council.

The entire Privy Council meets rarely and then only on ceremonial occasions. It does not conduct the business of government.

Ministers are privy councillors who, by convention, are members of the House of Commons or the Senate, or who are in the process of being elected to a seat. They are appointed by the governor general on the recommendation of the prime minister, who determines their titles and responsibilities.

Many distinguished Canadians have been among those who are appointed to the Council as an honour, without being made members of the Cabinet. In 1967, on the occasion of Canada’s centennial, and in 1982, on the occasion of the patriation of the Constitution, the provincial premiers then in office were summoned and sworn in as members of the Privy Council. This ceremony took place on Parliament Hill, in the presence of Her Majesty Queen Elizabeth II, who signed the Privy Council Oath Book and the roll. In addition, on July 1, 1992, on the occasion of Queen Elizabeth II's visit to Canada to celebrate the 125th anniversary of Confederation, Queen Elizabeth II presided at a special swearing-in ceremony of privy councillors at Rideau Hall.

The clerk of the Privy Council, or his or her designate, administers the oaths of the Members of the Privy Council as well as the Oath of Allegiance and the Oath of Office to a minister-designate. Each new privy councillor signs the Privy Council Oath Book, which is also signed by the governor general and the clerk of the Privy Council or his or her designate.

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Official Oaths

OATH OF ALLEGIANCE

I, __________, do swear (declare) that I will be faithful and bear true allegiance to His Majesty King Charles III, King of Canada, His Heirs and Successors.

So help me God.

OATH OF THE MEMBERS OF THE PRIVY COUNCIL

I, __________, do solemnly and sincerely swear (declare) that I shall be a true and faithful servant to His Majesty King Charles III, as a member of His Majesty’s Privy Council for Canada. I will in all things to be treated, debated and resolved in Privy Council, faithfully, honestly and truly declare my mind and my opinion. I shall keep secret all matters committed and revealed to me in this capacity, or that shall be secretly treated of in Council. Generally, in all things I shall do as a faithful and true servant ought to do for His Majesty.

So help me God.

OATH OF OFFICE

I, _________, do solemnly and sincerely promise and swear (declare) that I will truly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as…

So help me God.

Note: Individuals may choose to affirm their oath. In such cases, the word “swear” is replaced by the word “declare,” and the expression “So help me God” is omitted.

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Great Seal of Canada

The Great Seal of Canada is one of the oldest and most venerated instruments of our government. Since the earliest days of our nation, Canada’s most important documents have been made official through its imprint. The Great Seal signifies the power and authority of the Crown flowing from the sovereign to our parliamentary government.

The Great Seal has both ceremonial and administrative purposes. Each time a new governor general is installed in Canada, he or she is solemnly charged with custody of the Seal as representative of the Crown. It is used on all State documents, such as Royal proclamations and commissions issued for the appointment of lieutenant governors, Cabinet ministers, senators and judges. The presence of the Seal melds together the notions of authenticity, authority and the will of the Crown, while at the same time lending a certain prestige to a document.

The governor general is the official keeper of the Great Seal; he or she takes an oath to this effect at the installation ceremony. During the swearing-in ceremony of a new ministry, the minister of Industry, who is at the same time the registrar general of Canada under the Department of Industry Act, becomes the keeper of the Seal on a day-to-day basis. The deputy minister of the department serves as the deputy registrar general.

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For additional information, please consult:
House of Commons Procedure and Practice, Third Edition, 2017.
Edited by Marc Bosc and André Gagnon
© House of Commons, 2017
https://www.ourcommons.ca/procedure/procedure-and-practice-3/index-e.html