- - History to date is greyed out but included as important background information - -

PREAMBLE (1) - How Orders-in-Council Work

The term "order-in-council" refers to any submission to the Queen's (or King's) Privy Council for Canada -- the active portion of which is the Cabinet -- that gains legislative authority through the governor general's approval. This executive decision-making unit is recognized in the Constitution Act, 1867 as the "Governor General-in-Council," and is usually referred to as the governor-in-council.

Over the years, the content and form of orders-in-council have become standardized, particularly as handwritten documents have given way to typescript. However, the conventions for creating an order-in-council remain largely unchanged. Orders-in-council are not discussed by Parliament prior to approval, unlike statutes or acts, which receive scrutiny in the House of Commons and in the Senate in the form of bills. Any number of documents can form the basis for orders-in-council, including memoranda, correspondence, petitions, reports, maps and other material.

This supporting documentation is summarized or accompanied by a formal recommendation identifying the Cabinet minister or other authority responsible for the submission, together with a recommendation on behalf of the "Committee" (the Cabinet, formally a committee of the Privy Council) that the submission receive "Your Excellency's approval." The document, with any attachments, is then forwarded to receive the governor general's signature. Although the governor general has the authority to deny his or her approval, by convention the Cabinet's recommendation always is honoured. Until the early twentieth century, a hand-written registry system was maintained to record the dates of submission, consideration and approval for all orders-in-council. A number was assigned to each order-in-council based on the order of submission. Documents that were not forwarded for the governor general's signature, such as petitions or formal reports, were noted in the Privy Council registers, but were maintained as separate records referred to as "dormants." Also closely associated with orders-in-council are "despatches." Filed together with orders-in-council until the establishment of the Secretary of State for External Affairs in 1909, despatches are recommendations that address international or inter-governmental matters.

For more information, see the Orders-in-Council Online Research Tool.

The above procedure is discontinued, with immediate effect.

PREAMBLE (2) - Monarchy in Canada

Monarchy in Canada
Canada is a constitutional monarchy.
Both French and British kings and queens have reigned over Canada since 1534. Under Canada's sovereigns, the country has evolved from a French colony to an independent nation.

  1. Canada's Head of State
  2. The Crown
  3. The Crown's role

Canada's Head of State
[incidentally, there is no provision in Canadian law requiring that the king or queen of Canada must be the same person as the king or queen of the United Kingdom] -
In today's constitutional monarchy, Queen Elizabeth II is Queen of Canada and Canada's Head of State. She is the personal embodiment of the Crown in Canada

In Canada's system of government, the power to govern is vested in the Crown but is entrusted to the government to use on behalf of the people. The Crown reminds the government of the day that the source of the power to govern rests elsewhere and that it is only given to them for a limited duration. As an enduring institution, the Crown serves to safeguard Canadians' rights and freedoms.

The Crown
The Governor General and the ten Lieutenant Governors represent the Crown in Canada. These distinguished Canadians act on The Queen's behalf.

The Governor General carries out many of the duties of Head of State on behalf of The Queen. The Governor General performs many important responsibilities, such as presiding over the swearing-in of the prime minister, the Chief Justice of Canada and cabinet ministers. The Lieutenant Governors of the provinces perform similar duties at the provincial level.
   [This is misleading. See the article The "QUEEN" is not the "CROWN"! ]  

The Crown's role
The Parliament of Canada consists of the Queen, the Senate and the House of Commons. In the provinces, legislatures consist of the Lieutenant Governor and the elected assembly.

Her Majesty's representatives act on the advice of the Prime Minister or ministers responsible to the House of Commons or the provincial legislative assemblies.

The monarchy of Canada is the core of both Canada's federalism and its Westminster-style parliamentary democracy,[1] being the foundation of the executive, legislative, and judicial branches of the Canadian government and each provincial government.[2][3][4] The monarchy has been headed since 6 February 1952 by Queen Elizabeth II, who as sovereign is shared equally with fifteen other countries within the Commonwealth of Nations, all being independent and the monarchy of each legally distinct. For Canada, the monarch is officially titled Queen of Canada (French: Reine du Canada), and she, her consort, and other members of the Canadian Royal Family undertake various public and private functions across the country and on its behalf abroad. However, the Queen is the only member of the Royal Family with any constitutional role. While several powers are the sovereign's alone, because she lives predominantly in the United Kingdom, most of the royal governmental and ceremonial duties in Canada are carried out by the Queen's representative, the governor general. In each of Canada's provinces, the monarch is represented by a lieutenant governor, while the territories are not sovereign and thus do not have a viceroy.

Per the Canadian constitution, the responsibilities of the sovereign and/or governor general include summoning and dismissing parliament, calling elections, and appointing governments. Further, Royal Assent and the royal sign-manual are required to enact laws, letters patent, and orders in council. But the authority for these acts stems from the Canadian populace and,[5][6][7] within the conventional stipulations of constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited, with most related powers entrusted for exercise by the elected and appointed parliamentarians, the ministers of the Crown generally drawn from amongst them, and the judges and justices of the peace.[5] The Crown today primarily functions as a guarantor of continuous and stable governance and a nonpartisan safeguard against the abuse of power,[5][8][9] the sovereign acting as a custodian of the Crown's democratic powers and a representation of the "power of the people above government and political parties."[10][11]

The historical roots of the Canadian monarchy date back to approximately the turn of the 16th century,[n 1][19][20][21][22] when European kingdoms made the first claims to what is now Canadian territory. Monarchical governance thenceforth evolved under a continuous succession of French and British sovereigns, and eventually the legally distinct Canadian monarchy,[12][15][16][18][23][24] which is sometimes colloquially referred to as the Maple Crown.[n 2][15][26]

MORE HISTORY ..... MPs at 'work'

MPs at work .....

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