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About Orders in Council
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Orders in Council Division
Introduction
The Order in Council Division is one of two divisions of the Regulatory Affairs and
Order in Council Secretariat of the Privy Council Office. The Orders in Council
Division provides secretariat support to the Treasury Board Cabinet Committee and fulfils the
responsibilities of the Clerk of the Privy Council that are set out in the Statutory
Instruments Act. The Assistant Clerk of the Privy Council undertakes these
responsibilities on behalf of the Clerk.
Definitions:
Treasury Board (TB): a Committee of Cabinet responsible for
considering and approving most submissions to Council.
Governor (General) in Council (GIC): the Governor General of Canada acting by and with the advice and consent of the Queen's Privy Council for Canada (i.e. Cabinet).
Order in Council (OIC): a legal instrument made by the Governor in Council pursuant to a statutory authority or , less frequently, the royal prerogative. All orders in council are made on the recommendation of the responsible Minister of the Crown and take legal effect only when signed by the Governor General.
Statutory Instrument: a regulation, order, commission or other instrument authorized by an Act of Parliament.
Instrument of Advice: a letter from the Prime Minister to the Governor General recommending certain actions (e.g. cabinet shuffles, prorogation of Parliament).
Our Role
The Assistant Clerk of the Privy Council provides secretariat services to the Treasury Board and is responsible for the approval of Orders in Council,
regulations and other Statutory Instruments, and for providing advice on the use of
Orders in Council and/or Instruments of Advice.
The Orders in Council Division produces and distributes Orders in Council, prepares a
weekly agenda for submission of these documents to the Treasury Board,
and transmits Orders and Instruments to the Governor General for final approval. The
Division administers the Statutory Instruments Act regarding the registration and
publication of regulations in Part II of the Canada Gazette.
The Assistant Clerk of the Privy Council is also responsible for planning swearing-in
ceremonies at Rideau Hall, including Cabinet shuffles. The Division maintains records of
approved Orders in Council, the Consolidated Index of Statutory Instruments, and a
number of Oath Books.
The Division also provides a public service by handling public inquiries, producing,
distributing, maintaining records and ensuring the conservation of approved Orders in
Council.
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