The Impact and Significance Of The Order In Council

Kenny Murray

In Canada, the Order in Council (OIC) plays a vital role in governance, acting as a significant tool of federal authority. This article explores the background, implementation, and applications of the Canadian Order in Council, and the importance it carries with it through the Canadian federalist system.

What is the Order in Council

An Order in Council is a type of legislation enacted by the executive branch of government. Specifically, OICs are used at both the federal and provincial levels for an array of executive functions. These functions include appointing officials and enacting regulations that align with existing laws. These orders get their power from the Constitution Act of 1867, which outlines the roles of the Governor General as the Monarchy's representative in Canada.

Prior Uses

The Order in Council's origins trace back to British system of governance. As Canada gained more autonomy and sovereignty from the British system, OICs adapted to meet the needs of a modern nation. A significant example of their prior uses is in response to the Covid-19 pandemic. On January 15, 2022 the Governor General signed the OIC, which lead to one of the most egregious trampling's of civil and human rights in Canadian history. It was this OIC which prevented the movement of Canadians and severely infringed on the rights of Canadians regarding vaccinations, quarantines, movement and association.

Far less controversial uses of OICs are their use for political appointments. For example, when the Prime Minister wants to appoint an individual to their Cabinet, the formal appointment is done through this process. The Prime Minister makes his/her recommendation to the Governor General, who then signs an OIC to formally appoint them to the Cabinet.

The Mechanism of Implementation

To enact an Order in Council, the process typically kicks off with a recommendation by a federal minister. This recommendation outlines the need for the order, followed by a debate within the Cabinet. If the Cabinet approves, the Governor General formally endorses it. It's process is specifically designed to be done quickly, without input from the legislative and judicial branches of government.

Conclusion

OICs are a way for the executive branch to make quick and effective decisions independent from the other branches. These orders are signed by the Governor General at the recommendation of the federal or provincial government, not the Prime Minister or Premier. This means that while the Prime Minister does have significant power in terms of the creation of OICs, the actual signing of the Orders is done through the Monarch's representative and not the Prime Minister.

The Parliament of Canada: A symbol of executive authority in the governance framework.