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45-671: Transportation Investment Corporation (TI Corp) is a public Canadian crown corporation , established in 2008 under the Transportation Investment Act, to implement the Port Mann/Highway 1 Improvement Project, including construction, operations and maintenance of 37 kilometres (23 mi) of improvements to the TransCanada Highway through Metro Vancouver , as well as development, implementation and management of tolling operations to pay for

90-754: A country in which they could be legally owned. Orders in Council were controversially used in 2004 to overturn a court ruling in the United Kingdom that held that the exile of the Chagossians from the British Indian Ocean Territory (BIOT) was unlawful. Initially, the High Court in 2006 held that these Orders in Council were unlawful: "The suggestion that a minister can, through the means of an order in council, exile

135-612: A fully privatized company. The first Crown corporation was the Board of Works, established in 1841 by the Province of Canada to construct shipping canals. The first major Canadian experience with directly state-owned enterprises came during the early growth of the railways . The first Canadian Crown corporation after confederation was the Canadian National Railway Company , created in 1922. During

180-546: A mandate (by royal charter) to govern a specific territory called a charter colony , and the head of this colony, called a proprietary governor , was both a business manager and the governing authority in the area. The first colonies on the island of Newfoundland were founded in this manner, between 1610 and 1728. Canada's most famous and influential chartered company was the Hudson's Bay Company (HBC), founded on May 2, 1670, by royal charter of King Charles II . The HBC became

225-613: A relevant minister for the conduct of its affairs. Although these corporations are owned by the Crown, they are operated with much greater managerial autonomy than government departments. While they report to Parliament via the relevant minister in Cabinet , they are "shielded from constant government intervention and legislative oversight" and thus "generally enjoy greater freedom from direct political control than government departments." Direct control over operations are only exerted over

270-482: A resolution of either the lower house ( House of Commons in the UK and Canada or House of Representatives in the other realms) or the upper house ( House of Lords in the UK or Senate in other realms) ('negative resolution procedure'), or require to be approved by a resolution of either or, exceptionally, both houses ('affirmative resolution procedure'). That said, the use of Orders in Council has been extended more recently, as

315-545: A symbol of modern Quebec, helping to create the Quiet Revolution of the 1960s where French-speakers in Quebec rose to positions of influence in the industrial economy for the first time, and Quebec nationalism emerged as a political force. This model followed by SaskPower in 1944 and BC Hydro in 1961. Other areas provinces were active in included insurance ( Saskatchewan Government Insurance , 1945) In Alberta,

360-535: A whole population from a British Overseas Territory and claim that he is doing so for the ' peace, order and good government ' of the territory is to us repugnant." The UK government's first appeal failed, with the Court of Appeal holding that the decision had been unlawfully taken by a government minister "acting without any constraint". However, the government successfully appealed to the House of Lords , which overturned

405-885: Is established or operated by the King in Right of Ontario or the Government of Ontario , or under the authority of the Legislature or the Lieutenant Governor -in-Council. Finances Quebec published a list 60 Quebec Crown corporations ( French : sociétés d'État ) in June 2017. The following entities were among those listed: Several private Canadian companies were once Crown corporations, while others have gone defunct. Order-in-Council There are two principal types of order in council: orders in council whereby

450-550: The Brian Mulroney government on 21 November 1988 created Amex Bank of Canada, a Canadian banking subsidiary of American Express , although federal banking policy at the time would not ordinarily have permitted such an establishment by a foreign company. In July 2004 and August 2006, Orders in Council were used to deny a passport to Abdurahman Khadr , a member of the Khadr family who had previously been held in detention by

495-813: The Canada Revenue Agency . Crown corporations have a long-standing presence in the country and have been instrumental in its formation. They can provide services required by the public that otherwise would not be economically viable as a private enterprise or that do not fit exactly within the scope of any ministry. They are involved in everything from the distribution, use, and price of certain goods and services to energy development, resource extraction, public transportation, cultural promotion, and property management . As of 2022 , there were 47 federal Crown corporations in Canada. Provinces and territories operate their own Crown corporations independently of

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540-672: The Scotland Act 1998 provides that draft Orders in Council may be laid before the Scottish Parliament in certain circumstances in the same way as they would have been laid before the Westminster Parliament. From 2007, legislation put before the Welsh Assembly is enacted through Orders in Council after following the affirmative resolution procedure. An Order in Council of this type usually has

585-639: The British Empire entered World War I on the Allied side, an Order in Council was made in Canada for the registration and in certain cases for the internment of aliens of "enemy nationality". Between 1914 and 1920, 8,579 "enemy aliens" were detained in internment camps. During the Second World War , the Soviet newspaper Trud accused poet and university professor Watson Kirkconnell , who

630-712: The Civil Service , which, however, allowed for some exceptions, such as national security. A given prerogative order therefore may or may not be subject to judicial review, depending on its nature. In this second case, an order in council is merely another form of statutory instrument (in the UK, regulated by the Statutory Instruments Act 1946 ), albeit subject to more formalities than a simple statutory instrument. Like all statutory instruments, they may simply be required to be laid before both Houses of Parliament, or they may be annulled in pursuance of

675-663: The Crown (i.e. the government of Canada or a province). Crown corporations represent a specific form of state-owned enterprise . Each corporation is ultimately accountable to (federal or provincial) Parliament through a relevant minister for the conduct of its affairs. They are established by an Act of Parliament and report to that body via the relevant minister in Cabinet , though they are "shielded from constant government intervention and legislative oversight" and thus "generally enjoy greater freedom from direct political control than government departments." Crown corporations are distinct from "departmental corporations" such as

720-500: The East to create Canadian National Railways (CNR) in 1918 as a transcontinental system . The CNR was unique in that it was a conglomerate , and besides passenger and freight rail, it had inherited major business interests in shipping, hotels, and telegraphy and was able create new lines of business in broadcasting and air travel. Many of the components of this business empire were later spun off into new Crown corporations including some

765-531: The High Court and Court of Appeal decisions ( R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) ). The Law Lords decided that the validity of an order in council made under the prerogative legislating for a colony was amenable to judicial review. Also, it was not for the courts to substitute their judgement for that of the Secretary of State as to what was conducive to

810-691: The King-in-Council exercises the royal prerogative , and orders in council made in accordance with an act of Parliament . In the United Kingdom, orders are formally made by the monarch with the advice of the Privy Council ( King-in-Council or Queen-in-Council ). In Canada, federal orders in council are made in the name of the Governor General by the King's Privy Council for Canada ; provincial orders-in-council are of

855-569: The Lieutenant-Governor-in-Council by the provincial Executive Council . In other places in name of the governor by the executive council ( Governor-in-Council , Governor-General-in-Council , etc.). In New Zealand, the orders in council, undertaken by the Executive Council , are required to give effect to the government's decisions. Apart from acts of Parliament, orders in council are the main method by which

900-589: The Port Mann/Highway1 Improvement Project. TI Corp is also mandated to recover the capital costs of the project as well as operating and maintenance costs of the bridge and highway for a period of up to 40 years. The span of this project comprises the Vancouver area's primary goods movement and commuting corridor, serving 120,000 vehicles daily through six municipalities, with important connections to other communities throughout

945-702: The United States at Guantanamo Bay , on the grounds of national security. The first was overturned on judicial review by the Federal Court as, at the time of his application, national security was not included as a ground for refusal in the Canadian Passport Order , which was since amended to include the ground. In July 2017, the government of Canada used an Order in Council to strip ex-Nazi interpreter Helmut Oberlander of his Canadian citizenship. On May 1, 2020, an Order in Council

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990-614: The actions of these organizations. The Crown is not liable for Crown corporations with non-agent status, except for actions of that corporation carried out on instruction from the government, though there may be "moral obligations" on the part of the Crown in other circumstances. Crown corporations are generally formed to fill a need that the federal or provincial government deems in the national interest or not profitable for private industry. Some Crown corporations are expected to be profitable organizations, while others are non-commercial and rely entirely on public funds to operate. Prior to

1035-652: The closure of burial grounds under the Burial Act 1853 , approval of statutes made by Oxford or Cambridge colleges under the Universities of Oxford and Cambridge Act 1923 , and the appointment of HM Inspectors of Education, Children's Services and Skills under the Education and Inspections Act 2006 . Under the Government of Wales Act 2006 , royal assent to Measures of the National Assembly for Wales

1080-599: The construction of the Intercolonial Railway between them was one of the terms of the new constitution. The first section of this entirely government-owned railway was completed in 1872. Western Canada 's early railways were all run by privately owned companies backed by government subsidies and loans. By the early twentieth century, however, many of these had become bankrupt . The federal government nationalised several failing Western railways and combined them with its existing Intercolonial and other line in

1125-401: The corporation's budget and the appointment of its senior leadership through Orders-in-Council . Further, in the federal sphere, certain Crown corporations can be an agent or non-agent of the Crown. One with agent status is entitled to the same constitutional prerogatives, privileges, and immunities held by the Crown and can bind the Crown by its acts. The Crown is thus entirely responsible for

1170-464: The decision of a higher court on appeal. In the rest of the Commonwealth they are used to carry out any decisions made by the cabinet and the executive that would not need to be approved by Parliament . It was long thought that prerogative orders, being primary legislation, were not subject to judicial review . This was reversed in the 1985 case Council of Civil Service Unions v Minister for

1215-552: The earlier part of the century, many British North American colonies that now comprise the Canadian federation had Crown corporations, often in the form of railways, such as the Nova Scotia Railway , since there was limited private capital available for such endeavours. When three British colonies joined to create the Canadian federation in 1867, these railways were transferred to the new central government. As well,

1260-591: The excesses of the previous open market which had led to calls for prohibition in the first place. Virtually all the provinces used this system at one point. The largest of these government liquor businesses, the Liquor Control Board of Ontario (founded 1927), was by 2008 one of the world's largest alcohol retailers. Resource and utility crown corporations also emerged at this time, notably Ontario Hydro and Alberta Government Telephones in 1906, and SaskTel in 1908. Provincial governments also re-entered

1305-418: The federal government. In Canada, Crown corporations within either the federal or provincial level are owned by the Crown as the institution's sole legal shareholder . This follows the legal premise that the monarch , as the personification of Canada , owns all state property. Established by an Act of Parliament , each corporation is ultimately accountable to (federal or provincial) Parliament through

1350-414: The federal level. Not only the federal government was involved, but also the provinces, who were in engaged in an era of " province building " (expanding the reach and importance of the provincial governments) around this time. The prototypical example is Hydro-Québec , founded in 1944 and now Canada's largest electricity generator and the world's largest producer of hydro-electricity. It is widely seen as

1395-545: The following form: "His Majesty, in pursuance of [relevant section of primary legislation], is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:" Section 20(1) of the Civil Contingencies Act 2004 allows the King in Council to exercise a measure of legislative power in the event of an emergency. Other matters dealt with by statutory Orders in Council include

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1440-551: The formation of Crown corporations as presently understood, much of what later became Canada was settled and governed by a similar type of entity called a chartered company . These companies were established by a royal charter by the Scottish , English , or French crown, but were owned by private investors. They fulfilled the dual roles of promoting government policy abroad and making a return for shareholders. Certain companies were mainly trading businesses, but some were given

1485-475: The government implements decisions that need legal force. An order in council made under the royal prerogative does not depend on any statute for its authority, although an act of Parliament may change this. This type has become less common with the passage of time, as statutes encroach on areas that used to form part of the royal prerogative. Matters which still fall within the royal prerogative and hence are regulated by (prerogative) orders in council include

1530-482: The mid-century. The federal Post Office Department became a Crown corporation as Canada Post Corporation in 1981, and Canada's export credit agency , Export Development Canada , was created in 1985. Perhaps the most controversial was Petro-Canada , Canada's short-lived attempt to create a national oil Crown corporation , founded in 1975. The heyday of Crown corporations ended in the late 1980s, and there has been much privatisation since that time, particularly at

1575-500: The most important businesses in the mid-20th-century economy of Canada, such Air Canada , the Canadian Broadcasting Corporation (CBC), Via Rail , and Marine Atlantic . Provincial Crown corporations also re-emerged in the early 20th century, most notably in the selling of alcohol. Government monopoly liquor stores were seen as a compromise between the recently ended era of Prohibition in Canada and

1620-561: The period from 1972 to 2007, much Northern Ireland legislation was made by order in Council as part of direct rule . This was done under the various Northern Ireland Acts 1974 to 2000, and not by virtue of the royal prerogative. The use of orders in Council during direct rule is classified as "primary legislation" and not "subordinate legislation" according to section 21 of the Human Rights Act 1998 – subordinate legislation continued to be fulfilled by statutory rules . After

1665-443: The project. Starting September 1, 2017, the crown corporation stopped tolling traffic on the bridge, due to a new provincial government. Debt service was transferred to the province of British Columbia at a cost of $ 135 million per year. TReO was the official toll operating brand and registered trademark of Transportation Investment Corporation. TI Corp's primary mandate was to manage and ensure successful delivery and implementation of

1710-563: The prorogation of Parliament, royal charters, and the governance of British Overseas Territories . British Orders in Council may occasionally be used to effectively reverse court decisions or enforce British law applicable to British Overseas Territories without involving Parliament such as the Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991 . Within the United Kingdom itself, court decisions can be formally overruled only by an act of Parliament or by

1755-494: The railway business as in Northern Alberta Railways in 1925 and what later became BC Rail in 1918. A notable anomaly of this era is Canada's only provincially owned "bank" (though not called that for legal reasons) Alberta Treasury Branches , created in 1937. The Bank of Canada , originally privately owned, became a Crown corporation in 1938. New crown Corporations were also created throughout much of

1800-518: The region. The project was established in 2003 as part of the Provincial Gateway Program to address the problem of growing regional congestion and to improve the movement of people, goods and transit. Crown corporation Crown corporations ( French : Société de la Couronne ) are government organizations in Canada with a mixture of commercial and public-policy objectives. They are directly and wholly owned by

1845-549: The term public agency is used to describe "boards, commissions, tribunals or other organizations established by government, but not part of a government department." Crown corporations in Manitoba are supported by Manitoba Crown Services . Crown corporations in Ontario are referred to as Crown agencies . A Crown agency includes any board, commission, railway, public utility, university, factory, company or agency that

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1890-575: The world's largest land owner, at one point overseeing 7,770,000 km (3,000,000 sq mi), territories that today incorporate the provinces of Manitoba , Saskatchewan and Alberta , as well as Nunavut , the Northwest Territories , and Yukon . The HBC were often the point of first contact between the colonial government and First Nations . By the late 19th century, however, the HBC lost its monopoly over Rupert's Land and became

1935-529: Was given by Order in Council, but this is not done by statutory instrument but in a form similar to that of a prerogative order. The National Assembly became the Senedd (Welsh Parliament; Welsh : Senedd Cymru ) in 2020, at the same time gaining the competence to pass Acts of Senedd Cymru , assent to which is given by letters patent without requiring the involvement of the Privy Council. For most of

1980-521: Was known to be both a Ukrainophile and a publicist of human rights abuses under Stalinism , of being "the Führer of Canadian Fascism ". It is now well documented that Canadian Prime Minister Mackenzie King seriously considered acting to protect the Soviet-Canadian military alliance against Nazi Germany by silencing Kirkconnell with an Order-in-Council. An Order in Council made by

2025-544: Was used to declare over 1,500 models of firearm to be prohibited weapons, in response to the 2020 Nova Scotia attacks . The order immediately nullified the existing registrations of ownership for all the weapons it affected, making it illegal for owners to possess, use, transport, or sell them except in a few limited circumstances. A second Order in Council was simultaneously passed declaring an amnesty period until April 30, 2022, in which time owners of newly-prohibited firearms could have them deactivated, destroyed, or exported to

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