Surprising as it may seem, no provision is made for the Office of the Premier in the Constitution Act of 1867, or the North-West
Territories Act of 1876, or in the Alberta Act of 1905. The
ultimate executive power in provincial government lies with the Crown or Lieutenant-Governor . In part, this is to ensure the continuity and
stability of government during certain periods of transition, particularly after
general elections.
The Premier is usually the leader of the political party
that has elected the most Members to the Legislature, and he or she is appointed
by the Lieutenant-Governor. The Premier's powers are considerable. The
basis of this power is his or her relationship to the Lieutenant-Governor
regarding a wide range of matters from government appointments to new
legislative requirements. Although the approval of the Legislature, which
includes all members of the Legislative Assembly, is required for some matters,
other actions can be taken by the government through an order-in-council, which is
a directive of Cabinet , or under authority delegated by existing law. As
President of the Executive Council, the Premier also sets the Cabinet's agenda
and determines its consensus or final position on issues. Once this
consensus has been established, all Cabinet Ministers must publicly support that
position or resign. As well, Cabinet Ministers are forbidden from
disclosing Cabinet business.
The Premier can lose office if he or she loses the
confidence of the Legislative Assembly. If the Premier's government puts
forward proposed legislation that is not supported by the majority of the
Members of the Legislative Assembly, the Premier, by convention, must submit his
or her government's resignation to the Lieutenant-Governor.
The Office of the Premier is one of the most influential
positions in Canadian provincial government. The Premier has powers that Cabinet Ministers individually and collectively do not possess. Even
though ultimate executive authority lies with the Lieutenant-Governor, the
Lieutenant Governor does not become involved in government affairs unless the
government loses the confidence of the Legislative Assembly. Because the
Premier's influence is so wide-ranging, specific governments are usually known
by the personal name of the Premier (e.g. the Rutherford Government).