Mr. Speaker, the response from the Privy Council Office is as follows.
Regarding part (a) of the question, in general, orders in council, or OIC, come into force on the day they are made by the Governor General, unless an order contains a specific effective date.
In the case of P.C. 2020-903, the OIC fixed the date of registration as the effective date for section 292 of the Budget Implementation Act, 2019, No. 1. The order was approved by the Governor in Council on November 20, 2020, and then registered on December 9, 2020, making December 9, 2020, the effective date.
In response to part (b) of the question, orders in council are approved via decisions made by the Governor in Council, not by members of the Office of the Prime Minister. The “Governor in Council” means the Governor General acting on the advice of members of the King’s Privy Council for Canada, i.e., cabinet ministers. All Governor in Council approvals require a minimum quorum of four King’s Privy Council members, who advise that the Governor General approves a government proposal by signing the related order in council.
Order in Council P.C. 2020-903 was signed by the Governor General on November 20, 2020, and came into effect on December 9, 2020, the date on which it was registered.
In response to part (c) of the question, with few exceptions, OICs are made available to the public. To facilitate access by Canadians, they are posted on the PCO-OIC website at https://www.canada.ca/en/privy-council/services/orders-in-council.html within three working days after approval by the Governor General.
The Order in Council P.C. 2020-903 was made on Friday, November 20, 2020, and posted on the PCO-OIC website on Wednesday, November 25, 2020, at https://orders-in-council.canada.ca/attachment.php?attach=40012&lang=en.
In accordance with the subsection 11(1) of the Statutory Instrument Act, it was subsequently published in the Canada Gazette on December 9, 2020, the day the order was registered and came into force: https://www.gazette.gc.ca/rp-pr/p2/2020/2020-12-09/html/si-tr73-eng.html. Also on December 9, 2020, the record for Order in Council P.C. 2020-903 was updated on the PCO-OIC website to reflect the fact that the order in council was registered and therefore in effect.
Please note that the orders in council division of the PCO is only able to comment on changes to the PCO’s website.