An Order in Council (abbreviated as OIC in some countries) is a type of legal instrument issued by the executive branch of a government, often the head of state or their representatives, on the advice of a cabinet or council of ministers. These instruments are used in several Commonwealth realms, with equivalent instruments also found in countries with a Westminster system of government. Although the specifics vary by country, Orders in Council typically allow the executive to make formal decisions or regulations without enacting new legislation.
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👉 Order-in-council in the context of Delegated legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as "acts", that set out broad principles and rules, but may delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them.
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Order-in-council in the context of Canada Border Services Agency
The Canada Border Services Agency (CBSA; French: Agence des services frontaliers du Canada, ASFC) is a federal law enforcement agency that is responsible for border control (i.e. protection and surveillance), immigration enforcement, and customs services in Canada.
Established in 2003 by an order-in-council that amalgamated the customs function of the now-defunct Canada Customs and Revenue Agency, the enforcement function of Citizenship and Immigration Canada (now known as Immigration, Refugees and Citizenship Canada), and the port-of-entry examination function of the Canadian Food Inspection Agency (CFIA). The CBSA's creation was formalized by the Canada Border Services Agency Act, which received Royal assent on 3 November 2005. The CBSA is overseen by Parliament through the Minister of Public Safety and Emergency Preparedness.
Order-in-council in the context of Orders, decorations, and medals of Canada
The orders, decorations, and medals of Canada comprise a complex system by which Canadians are honoured by the country's sovereign for actions or deeds that benefit their community or the country at large. Modelled on its British predecessor, the structure originated in the 1930s, but began to come to full fruition at the time of Canada's centennial in 1967, with the establishment of the Order of Canada, and has since grown in both size and scope to include dynastic and national orders, state, civil, and military decorations; and various campaign medals. The monarch in right of each Canadian province also issues distinct orders and medals to honour residents for work performed in just their province. The provincial honours, as with some of their national counterparts, grant the use of post-nominal letters and or supporters and other devices to be used on personal coats of arms.
The monarch is regarded as the fount of all honours—as the monarch is the only person who may create new national honours—and acts as the Sovereign of all of Canada's orders; he, or other members of the royal family, will conduct inductions or present medals. In Canada, the monarch is represented by the governor general, who also carries out investitures and distributes awards in the sovereign's name. As such, administration of the honours system is the responsibility of the Chancellery of Honours at Rideau Hall, which is a part of the Office of the Secretary to the Governor General of Canada. The governor general also sets out, via order-in-council, the order of precedence for the wearing of insignia, decorations, and medals. Provincial and territorial honours are similarly awarded by their respective lieutenant governors or commissioners.
Order-in-council in the context of Qalipu First Nation
The Qalipu First Nation (phon: /xa.li.bu/, [xalibu]; Mi'kmaq for 'caribou') is a Mi'kmaq band government based on the eastern Canadian island of Newfoundland. The landless band was created by order-in-council in 2011, pursuant to the Agreement for the Recognition of the Qalipu Mi'kmaq Band. Following their approval as a First Nation, around 100,000 people applied for membership, while a total of 23,000 were, ultimately, approved.
In 2018, the Qalipu First Nation was accepted as a member of the Canadian Assembly of First Nations.