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33-469: The Queen Elizabeth II Health Sciences Centre was formed by an order in council during a health care administration reorganization in 1994. The amalgamation was formalized by legislation in 1995–96. The current hospital, opened by Elizabeth II , Queen of Canada , on 15 August 1994, is an amalgamation of four formerly independent hospitals and health care centres; the Victoria General Hospital ,

66-718: 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

99-479: 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

132-527: 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

165-715: Is a form of legislation in the United Kingdom . It is made by the Lords of the Privy Council (in practice, ministers of the Crown ). Orders of Council differ from Orders in Council in that, while Orders in Council are orders made by the monarch meeting with the Privy Council, Orders of Council are made by the Privy Council in its own right and without requiring the monarch's approval. The preamble of all Orders of Council states that

198-539: 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

231-506: The Commonwealth realms . In the United Kingdom , this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ( King-in-Council ), but in other countries the terminology may vary. Orders-in-Council are distinct from Orders of Council , which are made in the name of the Council without sovereign approval. There are two principal types of order in council: orders in council whereby

264-640: 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

297-665: 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

330-727: The Camp Hill Medical Centre, the Cancer Treatment Research Foundation, and the Nova Scotia Rehabilitation Centre. The former Halifax Infirmary and Camp Hill Hospital had previously merged to form the Camp Hill Medical Centre in 1988. The Halifax Infirmary was established by the Sisters of Charity of Saint Vincent de Paul in 1886 with a new building constructed at the intersection of Queen and Morris Streets in 1933. The Sisters of Charity operated

363-588: The Camp Hill Veterans' Memorial building was opened, and the original Camp Hill facilities were subsequently demolished. The new Veteran's Memorial Building, the Abbie J. Lane Hospital, and the Halifax Infirmary on Queen Street were merged to form the Camp Hill Medical Centre. By 1992, planning had begun for construction of the new Halifax Infirmary building to replace the aging Queen Street facilities and relocate

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396-694: 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

429-520: 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

462-675: The Infirmary and Victoria General. Camp Hill Hospital was founded by the Canadian military in 1917 as temporary lodgings for casualties of the First World War . It was constructed on the east side of Robie Street across from Cherry Street and was expanded repeatedly throughout the years. In 1971 the City of Halifax founded the Abbie J. Lane hospital adjacent to Camp Hill on the corner of Jubilee Road (now Veteran's Memorial Lane) and Summer Street. In 1987

495-535: The Infirmary to the Camp Hill Medical Centre Summer Street campus. The Victoria General Hospital was established in 1887 by the City of Halifax and the provincial government when the former City and Provincial Hospital at the same site (Peter McGuigan, The Historic South End Halifax) was renamed; the City and Provincial Hospital having been established in 1859. In 1948, a new Victoria General Hospital

528-653: 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

561-549: 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

594-516: The QEII have been contaminated with legionella bacteria since the 1980s, which has rendered water in some buildings undrinkable. The QEII Health Sciences Centre is spread across 10 buildings, which now comprise two geographically separate campuses (formally termed "sites") on the Halifax Peninsula . Order in council An Order in Council is a type of legislation in many countries, especially

627-678: 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

660-679: 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

693-458: 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

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726-531: 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

759-475: 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

792-528: The hospital facilities, effectively dividing Tower Road into two sections north and south of the facility. Historically, the VG , as it is called, was aligned with the Dalhousie University Faculty of Medicine as the province's only teaching hospital. The Victoria General Hospital's emergency and outpatient services were closed and consolidated at the new Infirmary site in 1998. The pipes in some parts of

825-502: The hospital until it was taken over by the provincial government in 1973. Until 1973, the Halifax Infirmary functioned largely as the city's Roman Catholic hospital. The building was closed when the present Halifax Infirmary on Summer Street opened in 1998; the "new Infirmary" has consolidated all emergency and outpatient services for the Queen Elizabeth II Health Sciences Centre, eliminating duplication between

858-499: The order was made at a meeting of the council held in Whitehall ; however, in practice they are all approved through correspondence, and no meeting is actually held. Depending on the subject, Orders of Council can be either made under prerogative powers , or under authority granted by an Act of Parliament (and so are delegated legislation ). An example of an order made in exercise of prerogative powers would be one approving changes to

891-584: The peace, order and good government of the BIOT. The orders were not Wednesbury unreasonable on the facts, given the considerations of security and cost of resettlement. Finally, none of the orders was open to challenge in the British courts on the ground of repugnancy to any fundamental principle relating to the rights of abode of the Chagossians in the Chagos Islands . Order of Council An Order of Council

924-553: 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

957-554: 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

990-462: 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

1023-510: 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

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1056-494: Was opened immediately east of the land which would eventually become home to the IWK Health Centre , a children's hospital , on a block bounded by Tower Road, University Avenue, and South Street, and was the largest hospital in the province in terms of both staff and bed capacity. A hospital parking area was established in the lot between Tower Road and South Park Street; in the 1980s the lot was expanded to physically join with

1089-544: 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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