Council for the Affairs of the Province of Quebec | |
House Type: | Unicameral |
Houses: | Legislative Council of Quebec |
Preceded By: | Sovereign Council of New France (until 1760) |
Succeeded By: | Parliament of Lower Canada |
The Council for the Affairs of the Province of Quebec, more commonly called the Legislative Council of Quebec (but not to be confused with the later institution with that same name), was an advisory body constituted by section XII of the Quebec Act of 1774. Together with the representative of the Crown (the Governor, Lieutenant-Governor or the temporary Administrator of the province), it acted, between 1774 and 1791, as the legislature of the old Province of Quebec.
The Council had the "Power and Authority to make Ordinances for the Peace, Welfare, and good Government, of the said Province, with the Consent of his Majesty's Governor, or, in his Absence, of the Lieutenant-governor, or Commander in Chief for the Time being.", excepting the power to:
Section VII of the Quebec Act opened the door of all provincial offices to Roman Catholic subjects. The section exempted Catholics from taking the Test Oath (the abjuration of the Catholic faith) and made them take an alternative oath of allegiance to the British Crown:
Because of this special oath they were required to vow, Canadian Catholics, who formed the immense majority of the population in the province, were permitted to take a more direct part to the legislation of their native country. In practise however, Catholic Legislative Councillors remained a minority in the Council from its creation in 1774 to its abolition in 1791.
Councillors numbered between at least seventeen and no more than twenty-three. In 1775, Colonial Secretary Lord Dartmouth instructed Governor General Guy Carleton to call in these individuals to fill in the Council:
Some of these members had been sitting on the first Council of Quebec constituted by Governor General James Murray in 1764 to advise on all matters of State.[9] About 12 years later, in May 1787, the Council's composition was:
With the adoption of the Constitutional Act of 1791, the sections of the Quebec Act dealing with the Council, its composition, and powers, were repealed. However, most of the members then sitting on the Council were called into the new Legislative Council of Lower Canada created by the said act.