Period of Office and Replacement

A Lieutenant Governor is appointed for an indefinite period, and his or her term ends only when a successor is sworn in. However, under section 59 of the Constitution Act, 1867, a Lieutenant Governor cannot be removed from office during the first five years following appointment, except for cause.

Under section 41 of the Constitution Act, 1982, any amendment to the Constitution of Canada concerning a change in the office of Lieutenant Governor requires resolutions of the House of Commons, the Senate and the legislative assembly of each province. This amending formula is generally known as “amendment by unanimous consent.”

The Constitution Act, 1867 stipulates that an Administrator of the Government of Québec is appointed at all times to replace a Lieutenant Governor who is unable to perform the duties of the office. In fact, according to section 67 of this law:

“The Governor General in Council may from Time to Time appoint an Administrator to execute the Office and Functions of Lieutenant Governor during his Absence, Illness, or other Inability.”

As permanent appointments are made by Order-in-Council by the federal Privy Council on the recommendation of the Minister of Canadian Heritage, they are sanctioned by the Governor General. Therefore, the Québec Administrator can act in place of the Lieutenant Governor whenever he or she is unable to perform the duties of office.

In Québec, the Court of Appeal judge appointed as Government Administrator is the coordinating judge residing in Québec City, followed by the most senior judges residing in Québec City.

Since September 12, 2022, the Québec Government’s Administrator has been The Honourable Suzanne Gagné, followed by these judges if she is unable to serve:

• The Honourable Guy Gagnon
• The Honourable Simon Ruel
• The Honourable Jocelyn F. Rancourt