Contents
- WHEREAS the safety and security of the individual, the pro…
- Short Title
- Application and Construction
- Part I Public Welfare Emergency
- Part II Public Order Emergency
- Part III International Emergency
- Part IV War Emergency
- Part V Compensation
- Part VI Parliamentary Supervision
- Part VII Consequential and Related Provisions
- Oath of Secrecy (Subsection 62(3))
- Related provisions
WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;AND WHEREAS the fulfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
1Short title#
This Act may be cited as the Emergencies Act.
Application and Construction
2Binding on Her Majesty#
(1)This Act is binding on Her Majesty in right of Canada or a province.
(2)For greater certainty, nothing in this Act derogates from the authority of the Government of Canada to deal with emergencies on any property, territory or area in respect of which the Parliament of Canada has jurisdiction.
note
3National emergency#
For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that
(a)seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or
(b)seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
and that cannot be effectively dealt with under any other law of Canada.
4Construction#
Nothing in this Act shall be construed or applied so as to confer on the Governor in Council the power to make orders or regulations
(a)altering the provisions of this Act; or
(b)providing for the detention, imprisonment or internment of Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
note
Part I · Public Welfare Emergency
Interpretation
5Definitions#
In this Part,
declaration of a public welfare emergency means a proclamation issued pursuant to subsection 6(1); (déclaration de sinistre)
public welfare emergency means an emergency that is caused by a real or imminent
(a)fire, flood, drought, storm, earthquake or other natural phenomenon,
(b)disease in human beings, animals or plants, or
(c)accident or pollution
and that results or may result in a danger to life or property, social disruption or a breakdown in the flow of essential goods, services or resources, so serious as to be a national emergency. (sinistre)
note
Declaration of a Public Welfare Emergency
6Declaration of a public welfare emergency#
(1)When the Governor in Council believes, on reasonable grounds, that a public welfare emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 14, may, by proclamation, so declare.
(2)A declaration of a public welfare emergency shall specify
(a)concisely the state of affairs constituting the emergency;
(b)the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
(c)if the direct effects of the emergency do not extend to the whole of Canada, the area of Canada to which the direct effects of the emergency extend.
7Effective date#
(1)A declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
(2)A declaration of a public welfare emergency expires at the end of ninety days unless the declaration is previously revoked or continued in accordance with this Act.
Orders and Regulations
8Orders and regulations#
(1)While a declaration of a public welfare emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
(a)the regulation or prohibition of travel to, from or within any specified area, where necessary for the protection of the health or safety of individuals;
(b)the evacuation of persons and the removal of personal property from any specified area and the making of arrangements for the adequate care and protection of the persons and property;
(c)the requisition, use or disposition of property;
(d)the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
(e)the regulation of the distribution and availability of essential goods, services and resources;
(f)the authorization and making of emergency payments;
(g)the establishment of emergency shelters and hospitals;
(h)the assessment of damage to any works or undertakings and the repair, replacement or restoration thereof;
(i)the assessment of damage to the environment and the elimination or alleviation of the damage; and
(j)the imposition
(i)on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii)on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under this section.
(2)Where a declaration of a public welfare emergency specifies that the direct effects of the emergency extend only to a specified area of Canada, the power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, may be exercised or performed only with respect to that area.
(3)The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation,
(a)shall be exercised or performed
(i)in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province, and
(ii)with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed; and
(b)shall not be exercised or performed for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.
9Control or direction of police force#
(1)Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.
(2)Where the Royal Canadian Mounted Police is used or employed in a province or municipality pursuant to an arrangement under section 20 of the Royal Canadian Mounted Police Act, subsection (1) applies in respect of the Royal Canadian Mounted Police, subject to the terms and conditions of the arrangement.
Revocation, Continuation and Amendment of Declaration
10Revocation by Parliament#
Parliament may revoke a declaration of a public welfare emergency in accordance with section 58 or 59.
11Revocation by Governor in Council#
The Governor in Council may, by proclamation, revoke a declaration of a public welfare emergency either generally or with respect to any area of Canada effective on such day as is specified in the proclamation.
12Continuation by Governor in Council#
(1)At any time before a declaration of a public welfare emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 14, may, by proclamation, continue the declaration either generally or with respect to any area of Canada for such period, not exceeding ninety days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist or that the direct effects of the emergency will continue to extend to that area, as the case may be.
(2)Before issuing a proclamation continuing a declaration of a public welfare emergency, the Governor in Council shall review all current orders and regulations made under section 8 to determine if the Governor in Council believes, on reasonable grounds, that they continue to be necessary for dealing with the emergency and shall revoke or amend them to the extent that they do not so continue.
(3)A declaration of a public welfare emergency may be continued more than once pursuant to subsection (1).
(4)A proclamation continuing a declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.
13Amendment by Governor in Council#
(1)Where the Governor in Council
(a)has issued a declaration of a public welfare emergency specifying that the direct effects of the emergency extend only to a specified area of Canada, and
(b)believes, on reasonable grounds, that the direct effects of the emergency have extended to any other area of Canada or to the rest of Canada,
the Governor in Council, after such consultation as is required by section 14, may, by proclamation, amend the declaration to specify that other area as an area of Canada to which the direct effects of the emergency extend or to remove the existing specification, as the case may be.
(2)A proclamation amending a declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.
Consultation
14Consultation#
(1)Subject to subsection (2), before the Governor in Council issues, continues or amends a declaration of a public welfare emergency, the lieutenant governor in council of each province in which the direct effects of the emergency occur shall be consulted with respect to the proposed action.
(2)The Governor in Council may not issue a declaration of a public welfare emergency where the direct effects of the emergency are confined to, or occur principally in, one province unless the lieutenant governor in council of the province has indicated to the Governor in Council that the emergency exceeds the capacity or authority of the province to deal with it.
Effect of Expiration or Revocation
15Effect of expiration of declaration#
(1)Where, pursuant to this Act, a declaration of a public welfare emergency expires either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, expire on the day on which the declaration expires.
(2)Where, pursuant to this Act, a declaration of a public welfare emergency is revoked either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, are revoked effective on the revocation of the declaration.
(3)Where, pursuant to this Act, a proclamation continuing a declaration of a public welfare emergency either generally or with respect to any area of Canada is revoked after the time the declaration would, but for the proclamation, have otherwise expired either generally or with respect to that area,
(a)the declaration and all orders and regulations made pursuant to the declaration, or
(b)the declaration and all orders and regulations made pursuant to the declaration to the extent that the declaration, orders and regulations apply with respect to that area,
as the case may be, are revoked effective on the revocation of the proclamation.
(4)Where, pursuant to this Act, a proclamation amending a declaration of a public welfare emergency is revoked, all orders and regulations made pursuant to the amendment and all orders and regulations to the extent that they apply pursuant to the amendment are revoked effective on the revocation of the proclamation.
Part II · Public Order Emergency
Interpretation
16Definitions#
In this Part,
declaration of a public order emergency means a proclamation issued pursuant to subsection 17(1); (déclaration d’état d’urgence)
public order emergency means an emergency that arises from threats to the security of Canada and that is so serious as to be a national emergency; (état d’urgence)
threats to the security of Canada has the meaning assigned by section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)
Declaration of a Public Order Emergency
17Declaration of a public order emergency#
(1)When the Governor in Council believes, on reasonable grounds, that a public order emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 25, may, by proclamation, so declare.
(2)A declaration of a public order emergency shall specify
(a)concisely the state of affairs constituting the emergency;
(b)the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
(c)if the effects of the emergency do not extend to the whole of Canada, the area of Canada to which the effects of the emergency extend.
18Effective date#
(1)A declaration of a public order emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
(2)A declaration of a public order emergency expires at the end of thirty days unless the declaration is previously revoked or continued in accordance with this Act.
Orders and Regulations
19Orders and regulations#
(1)While a declaration of a public order emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
(a)the regulation or prohibition of
(i)any public assembly that may reasonably be expected to lead to a breach of the peace,
(ii)travel to, from or within any specified area, or
(iii)the use of specified property;
(b)the designation and securing of protected places;
(c)the assumption of the control, and the restoration and maintenance, of public utilities and services;
(d)the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered; and
(e)the imposition
(i)on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii)on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under this section.
(2)Where a declaration of a public order emergency specifies that the effects of the emergency extend only to a specified area of Canada, the power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, may be exercised or performed only with respect to that area.
(3)The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, shall be exercised or performed
(a)in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province; and
(b)with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed.
20Control or direction of police force#
(1)Nothing in a declaration of a public order emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.
(2)Where the Royal Canadian Mounted Police is used or employed in a province or municipality pursuant to an arrangement under section 20 of the Royal Canadian Mounted Police Act, subsection (1) applies in respect of the Royal Canadian Mounted Police, subject to the terms and conditions of the arrangement.
Revocation, Continuation and Amendment of Declaration
21Revocation by Parliament#
Parliament may revoke a declaration of a public order emergency in accordance with section 58 or 59.
22Revocation by Governor in Council#
The Governor in Council may, by proclamation, revoke a declaration of a public order emergency either generally or with respect to any area of Canada effective on such day as is specified in the proclamation.
23Continuation by Governor in Council#
(1)At any time before a declaration of a public order emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 25, may, by proclamation, continue the declaration either generally or with respect to any area of Canada for such period, not exceeding thirty days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist or that the effects of the emergency will continue to extend to that area, as the case may be.
(2)Before issuing a proclamation continuing a declaration of a public order emergency, the Governor in Council shall review all current orders and regulations made under section 19 to determine if the Governor in Council believes, on reasonable grounds, that they continue to be necessary for dealing with the emergency and shall revoke or amend them to the extent that they do not so continue.
(3)A declaration of a public order emergency may be continued more than once pursuant to subsection (1).
(4)A proclamation continuing a declaration of a public order emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.
24Amendment by Governor in Council#
(1)Where the Governor in Council
(a)has issued a declaration of a public order emergency specifying that the effects of the emergency extend only to a specified area of Canada, and
(b)believes, on reasonable grounds, that the effects of the emergency have extended to any other area of Canada or to the rest of Canada,
the Governor in Council, after such consultation as is required by section 25, may, by proclamation, amend the declaration to specify that other area as an area of Canada to which the effects of the emergency extend or to remove the existing specification, as the case may be.
(2)A proclamation amending a declaration of a public order emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.
Consultation
25Consultation#
(1)Subject to subsections (2) and (3), before the Governor in Council issues, continues or amends a declaration of a public order emergency, the lieutenant governor in council of each province in which the effects of the emergency occur shall be consulted with respect to the proposed action.
(2)Where the effects of a public order emergency extend to more than one province and the Governor in Council is of the opinion that the lieutenant governor in council of a province in which the effects of the emergency occur cannot, before the issue or amendment of a declaration of a public order emergency, be adequately consulted without unduly jeopardizing the effectiveness of the proposed action, the lieutenant governor in council of that province may be consulted with respect to the action after the declaration is issued or amended and before the motion for confirmation of the declaration or amendment is laid before either House of Parliament.
(3)The Governor in Council may not issue a declaration of a public order emergency where the effects of the emergency are confined to one province, unless the lieutenant governor in council of the province has indicated to the Governor in Council that the emergency exceeds the capacity or authority of the province to deal with it.
Effect of Expiration or Revocation
26Effect of expiration of declaration#
(1)Where, pursuant to this Act, a declaration of a public order emergency expires either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, expire on the day on which the declaration expires.
(2)Where, pursuant to this Act, a declaration of a public order emergency is revoked either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, are revoked effective on the revocation of the declaration.
(3)Where, pursuant to this Act, a proclamation continuing a declaration of a public order emergency either generally or with respect to any area of Canada is revoked after the time the declaration would, but for the proclamation, have otherwise expired either generally or with respect to that area,
(a)the declaration and all orders and regulations made pursuant to the declaration, or
(b)the declaration and all orders and regulations made pursuant to the declaration to the extent that the declaration, orders and regulations apply with respect to that area,
as the case may be, are revoked effective on the revocation of the proclamation.
(4)Where, pursuant to this Act, a proclamation amending a declaration of a public order emergency is revoked, all orders and regulations made pursuant to the amendment and all orders and regulations to the extent that they apply pursuant to the amendment are revoked effective on the revocation of the proclamation.
Part III · International Emergency
Interpretation
27Definitions#
In this Part,
declaration of an international emergency means a proclamation issued pursuant to subsection 28(1); (déclaration d’état de crise internationale)
international emergency means an emergency involving Canada and one or more other countries that arises from acts of intimidation or coercion or the real or imminent use of serious force or violence and that is so serious as to be a national emergency. (état de crise internationale)
Declaration of an International Emergency
28Declaration of an international emergency#
(1)When the Governor in Council believes, on reasonable grounds, that an international emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 35, may, by proclamation, so declare.
(2)A declaration of an international emergency shall specify
(a)concisely the state of affairs constituting the emergency; and
(b)the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency.
29Effective date#
(1)A declaration of an international emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
(2)A declaration of an international emergency expires at the end of sixty days unless the declaration is previously revoked or continued in accordance with this Act.
Orders and Regulations
30Orders and regulations#
(1)While a declaration of an international emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
(a)the control or regulation of any specified industry or service, including the use of equipment, facilities and inventory;
(b)the appropriation, control, forfeiture, use and disposition of property or services;
(c)the authorization and conduct of inquiries in relation to defence contracts or defence supplies as defined in the Defence Production Act or to hoarding, overcharging, black marketing or fraudulent operations in respect of scarce commodities, including the conferment of powers under the Inquiries Act on any person authorized to conduct such an inquiry;
(d)the authorization of the entry and search of any dwelling-house, premises, conveyance or place, and the search of any person found therein, for any thing that may be evidence relevant to any matter that is the subject of an inquiry referred to in paragraph (c), and the seizure and detention of any such thing;
(e)the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
(f)the designation and securing of protected places;
(g)the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and of admission into Canada of other persons;
(h)the removal from Canada of persons, other than
(i)Canadian citizens,
(ii)permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and
(iii)protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of
(A)security, violating human or international rights, sanctions or serious criminality, or
(B)criminality and who have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;
(i)the control or regulation of the international aspects of specified financial activities within Canada;
(j)the authorization of expenditures for dealing with an international emergency in excess of any limit set by an Act of Parliament and the setting of a limit on such expenditures;
(k)the authorization of any minister of the Crown to discharge specified responsibilities respecting the international emergency or to take specified actions of a political, diplomatic or economic nature for dealing with the emergency; and
(l)the imposition
(i)on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(ii)on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under this section.
(2)The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation,
(a)shall be exercised or performed
(i)in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province, and
(ii)with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed; and
(b)shall not be exercised or performed for the purpose of censoring, suppressing or controlling the publication or communication of any information regardless of its form or characteristics.
31Control or direction of police force#
(1)Nothing in a declaration of an international emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.
(2)Where the Royal Canadian Mounted Police is used or employed in a province or municipality pursuant to an arrangement under section 20 of the Royal Canadian Mounted Police Act, subsection (1) applies in respect of the Royal Canadian Mounted Police, subject to the terms and conditions of the arrangement.
Revocation and Continuation of Declaration
32Revocation by Parliament#
Parliament may revoke a declaration of an international emergency in accordance with section 58 or 59.
33Revocation by Governor in Council#
The Governor in Council may, by proclamation, revoke a declaration of an international emergency effective on such day as is specified in the proclamation.
34Continuation by Governor in Council#
(1)At any time before a declaration of an international emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 35, may, by proclamation, continue the declaration for such period, not exceeding sixty days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist.
(2)Before issuing a proclamation continuing a declaration of an international emergency, the Governor in Council shall review all current orders and regulations made under section 30 to determine if the Governor in Council believes, on reasonable grounds, that they continue to be necessary for dealing with the emergency and shall revoke or amend them to the extent that they do not so continue.
(3)A declaration of an international emergency may be continued more than once pursuant to subsection (1).
(4)A proclamation continuing a declaration of an international emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.
Consultation
35Consultation#
Before the Governor in Council issues or continues a declaration of an international emergency, the lieutenant governor in council of each province shall be consulted with respect to the proposed action to the extent that, in the opinion of the Governor in Council, it is appropriate and practicable to do so in the circumstances.
Effect of Expiration or Revocation
36Effect of expiration of declaration#
(1)Where, pursuant to this Act, a declaration of an international emergency expires, all orders and regulations made pursuant to the declaration expire on the day on which the declaration expires.
(2)Where, pursuant to this Act, a declaration of an international emergency is revoked, all orders and regulations made pursuant to the declaration are revoked effective on the revocation of the declaration.
(3)Where, pursuant to this Act, a proclamation continuing a declaration of an international emergency is revoked after the time the declaration would, but for the proclamation, have otherwise expired, the declaration and all orders and regulations made pursuant to the declaration are revoked effective on the revocation of the proclamation.
Part IV · War Emergency
Interpretation
37Definitions#
In this Part,
declaration of a war emergency means a proclamation issued pursuant to subsection 38(1); (déclaration d’état de guerre)
war emergency means war or other armed conflict, real or imminent, involving Canada or any of its allies that is so serious as to be a national emergency. (état de guerre)
Declaration of a War Emergency
38Declaration of a war emergency#
(1)When the Governor in Council believes, on reasonable grounds, that a war emergency exists and necessitates the taking of special temporary measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 44, may, by proclamation, so declare.
(2)A declaration of a war emergency shall specify the state of affairs constituting the emergency to the extent that, in the opinion of the Governor in Council, it is possible to do so without jeopardizing any special temporary measures proposed to be taken for dealing with the emergency.
39Effective date#
(1)A declaration of a war emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
(2)A declaration of a war emergency expires at the end of one hundred and twenty days unless the declaration is previously revoked or continued in accordance with this Act.
Orders and Regulations
40Orders and regulations#
(1)While a declaration of a war emergency is in effect, the Governor in Council may make such orders or regulations as the Governor in Council believes, on reasonable grounds, are necessary or advisable for dealing with the emergency.
(2)The power under subsection (1) to make orders and regulations may not be exercised for the purpose of requiring persons to serve in the Canadian Forces.
(3)The Governor in Council may make regulations providing for the imposition
(a)on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
(b)on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
for contravention of any order or regulation made under subsection (1).
(4)The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, shall be exercised or performed with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed.
Revocation and Continuation of Declaration
41Revocation by Parliament#
Parliament may revoke a declaration of a war emergency in accordance with section 58 or 59.
42Revocation by Governor in Council#
The Governor in Council may, by proclamation, revoke a declaration of a war emergency effective on such day as is specified in the proclamation.
43Continuation by Governor in Council#
(1)At any time before a declaration of a war emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 44, may, by proclamation, continue the declaration for such period, not exceeding one hundred and twenty days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist.
(2)Before issuing a proclamation continuing a declaration of a war emergency, the Governor in Council shall review all current orders and regulations made under section 40 to determine if the Governor in Council believes, on reasonable grounds, that they continue to be necessary or advisable for dealing with the emergency and shall revoke or amend them to the extent that they do not so continue.
(3)A declaration of a war emergency may be continued more than once pursuant to subsection (1).
(4)A proclamation continuing a declaration of a war emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.
Consultation
44Consultation#
Before the Governor in Council issues or continues a declaration of a war emergency, the lieutenant governor in council of each province shall be consulted with respect to the proposed action to the extent that, in the opinion of the Governor in Council, it is appropriate and practicable to do so in the circumstances.
Effect of Expiration or Revocation
45Effect of expiration of declaration#
(1)Where, pursuant to this Act, a declaration of a war emergency expires, all orders and regulations made pursuant to the declaration expire on the day on which the declaration expires.
(2)Where, pursuant to this Act, a declaration of a war emergency is revoked, all orders and regulations made pursuant to the declaration are revoked effective on the revocation of the declaration.
(3)Where, pursuant to this Act, a proclamation continuing a declaration of a war emergency is revoked after the time the declaration would, but for the proclamation, have otherwise expired, the declaration and all orders and regulations made pursuant to the declaration are revoked effective on the revocation of the proclamation.
Part V · Compensation
Interpretation
46Definitions#
In this Part,
compensation means compensation under subsection 48(1); (indemnisation)
Crown means Her Majesty in right of Canada; (État)
Liability
47Protection from personal liability#
(1)No action or other proceeding for damages lies or shall be instituted against a Minister, servant or agent of the Crown, including any person providing services pursuant to an order or regulation made under subsection 8(1), 19(1), 30(1) or 40(1), for or in respect of any thing done or omitted to be done, or purported to be done or omitted to be done, in good faith under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.
Compensation
48Compensation#
(1)Subject to subsection (2) and the regulations made under section 49, the Minister shall award reasonable compensation to any person who suffers loss, injury or damage as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.
(2)No compensation shall be paid to a person unless that person, in consideration of the compensation, signs, in a form provided by the Minister, a release of any right of action that the person may have against the Crown as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder.
(3)The Crown is subrogated to all rights of any person to whom compensation is paid to recover damages in respect of the loss, injury or damage for which the compensation is paid and may maintain an action in the name of that person or in the name of the Crown against any person against whom the action lies.
(4)Any sum recovered by the Crown pursuant to an action under subsection (3) shall be applied
(a)first, to payment of the costs actually incurred in the action and in levying execution, and
(b)second, to reimbursement of the Crown for the compensation paid to the person whose rights were subrogated,
and the balance, if any, shall be paid to that person.
49Regulations#
The Governor in Council may make regulations
(a)prescribing the form and manner of making applications for compensation, the information and evidence to be submitted in connection therewith and the procedure to be followed in the consideration of applications for compensation;
(b)prescribing the period within which applications for compensation must be made;
(c)prescribing the criteria to be used in determining the eligibility of any person for compensation;
(d)prescribing the methods and criteria to be used in assessing any loss, injury or damage for which compensation shall be paid;
(e)prescribing the maximum amount of compensation that may be paid to any person either generally or with respect to any particular loss, injury or damage;
(f)prescribing the terms and conditions for the payment of compensation;
(g)providing for the payment of compensation in a lump sum or in periodic payments;
(h)providing for pro rata payments of compensation;
(i)establishing priorities among persons applying for compensation on the basis of classes of persons or classes of loss, injury or damage or otherwise;
(j)respecting the giving of notices to persons affected by applications for compensation; and
(k)generally, for carrying into effect the purposes and provisions of this Part.
Appeals
50Assessor and Deputy Assessors#
(1)The Governor in Council shall, from among the judges of the Federal Court, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals under this Part and, subject to this Part, may prescribe their jurisdiction.
(2)The Governor in Council shall, from among the judges of the Federal Court, appoint an acting assessor to act in the place of the Assessor in the event of the Assessor’s absence or incapacity.
(3)The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part and, where the Assessor does so, the references in sections 52 and 53 to the “Assessor” shall be construed as including references to the “Deputy Assessor”.
51Appeal#
(1)Any person who has applied for compensation and is not satisfied with the decision of the Minister thereon may appeal the decision to the Assessor.
(2)No appeal may be made under this section more than three months after the day on which the person applying for compensation receives notice of the Minister’s decision thereon or such longer period as the Assessor may, either before or after the expiration of that period of three months, allow for special reasons.
note
52Powers of Assessor#
(1)On the hearing of an appeal under this Part, the Assessor may
(a)confirm the decision of the Minister;
(b)notwithstanding the maximum amount, if any, of compensation that may be paid to the person appealing, vary the decision of the Minister; or
(c)refer the matter back to the Minister for such further action as the Assessor may direct, including the calculation of compensation without regard to the maximum amount, if any, that may otherwise be paid.
(2)In any appeal under this Part, costs may be awarded to or against the Crown.
(3)The decision of the Assessor on any appeal under this Part is final and conclusive and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.
(4)Where the Assessor varies a decision of the Minister by awarding compensation or increasing the amount of compensation awarded by the Minister or, on a matter referred back for further action, the Minister increases the amount of compensation previously awarded, the Minister shall pay that compensation or increased compensation, as the case may be.
note
53Sittings and hearings#
(1)The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required.
(2)The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act.
Payment
56Payment out of C.R.F.#
Compensation and costs awarded against the Crown under this Part shall be paid out of the Consolidated Revenue Fund.
Part VI · Parliamentary Supervision
Interpretation
57Definitions#
In this Part,
declaration of emergency means a proclamation issued pursuant to subsection 6(1), 17(1), 28(1) or 38(1); (déclaration de situation de crise)
Parliamentary Review Committee means the committee referred to in subsection 62(1); (comité d’examen parlementaire)
sitting day, in respect of a House of Parliament, means a day on which that House is sitting. (jour de séance)
Consideration of Declaration of Emergency
58Tabling in Parliament when sitting#
(1)Subject to subsection (4), a motion for confirmation of a declaration of emergency, signed by a minister of the Crown, together with an explanation of the reasons for issuing the declaration and a report on any consultation with the lieutenant governors in council of the provinces with respect to the declaration, shall be laid before each House of Parliament within seven sitting days after the declaration is issued.
(2)If a declaration of emergency is issued during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the declaration is issued.
(3)If a declaration of emergency is issued at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the declaration is issued.
(4)Where Parliament or a House of Parliament is summoned to sit in accordance with subsection (2) or (3), the motion, explanation and report described in subsection (1) shall be laid before each House of Parliament or that House of Parliament, as the case may be, on the first sitting day after Parliament or that House is summoned.
(5)Where a motion is laid before a House of Parliament as provided in subsection (1) or (4), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.
(6)A motion taken up and considered in accordance with subsection (5) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
(7)If a motion for confirmation of a declaration of emergency is negatived by either House of Parliament, the declaration, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.
Revocation of Declaration of Emergency
59Motion for revocation#
(1)Where a motion, for the consideration of the Senate or the House of Commons, to the effect that
(a)a declaration of emergency under Part I or II be revoked either generally or with respect to any area of Canada, or
(b)a declaration of emergency under Part III or IV be revoked,
signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, is filed with the Speaker thereof, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.
(2)A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than ten hours and, on the expiration of the tenth hour or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
(3)If a motion debated in accordance with subsection (2) is adopted by the House, the declaration, to the extent that it has not previously expired or been revoked, is revoked in accordance with the motion, effective on the day specified in the motion, which day may not be earlier than the day of the vote adopting the motion.
Consideration of Continuation or Amendment of Declaration of Emergency
60Motion for confirmation of proclamation continuing a declaration#
(1)A motion for confirmation of a proclamation continuing a declaration of emergency and of any orders and regulations named in the motion pursuant to subsection (3), signed by a minister of the Crown, together with an explanation of the reasons for issuing the proclamation, a report on any consultation with the lieutenant governors in council of the provinces with respect to the proclamation and a report on the review of orders and regulations conducted before the issuing of the proclamation, shall be laid before each House of Parliament within seven sitting days after the proclamation is issued.
(2)A motion for confirmation of a proclamation amending a declaration of emergency, signed by a minister of the Crown, together with an explanation of the reasons for issuing the proclamation and a report on any consultation with the lieutenant governors in council of the provinces with respect to the proclamation, shall be laid before each House of Parliament within seven sitting days after the proclamation is issued.
(3)A motion for confirmation of a proclamation continuing a declaration of emergency shall name the orders and regulations in force on the issuing of the proclamation that the Governor in Council believed, on reasonable grounds, continued at that time to be necessary or, in the case of a proclamation issued pursuant to subsection 43(1), advisable, for dealing with the emergency.
(4)Where a motion is laid before a House of Parliament as provided in subsection (1) or (2), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.
(5)A motion taken up and considered in accordance with subsection (4) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
(6)If a motion for confirmation of a proclamation is negatived by either House of Parliament, the proclamation, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.
(7)If a motion for confirmation of a proclamation continuing a declaration of emergency is amended by either House of Parliament by the deletion therefrom of an order or regulation named in the motion pursuant to subsection (3), the order or regulation is revoked effective on the day on which the motion, as amended, is adopted.
Orders and Regulations
61Tabling in Parliament#
(1)Subject to subsection (2), every order or regulation made by the Governor in Council pursuant to this Act shall be laid before each House of Parliament within two sitting days after it is made.
(2)Where an order or regulation made pursuant to this Act is exempted from publication in the Canada Gazette by regulations made under the Statutory Instruments Act, the order or regulation, in lieu of being laid before each House of Parliament as required by subsection (1), shall be referred to the Parliamentary Review Committee within two days after it is made or, if the Committee is not then designated or established, within the first two days after it is designated or established.
(3)Where a motion, for the consideration of the Senate or the House of Commons, to the effect that an order or regulation laid before it pursuant to subsection (1) be revoked or amended, signed by not less than ten members of the Senate or twenty members of the House of Commons, as the case may be, is filed with the Speaker thereof, that House of Parliament shall take up and consider the motion within three sitting days after it is filed.
(4)A motion taken up and considered in accordance with subsection (3) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
(5)If a motion debated in accordance with subsection (4) is adopted by the House, a message shall forthwith be sent from that House informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.
(6)Where a request for concurrence in a motion is made pursuant to subsection (5), the House to which the request is made shall take up and consider the motion within three sitting days after the request is made.
(7)A motion taken up and considered in accordance with subsection (6) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.
(8)If a motion taken up and considered in accordance with subsection (6) is concurred in, the order or regulation is revoked or amended in accordance with the motion, effective on the day specified in the motion, which day may not be earlier than the day of the vote of concurrence.
Parliamentary Review Committee
62Review by Parliamentary Review Committee#
(1)The exercise of powers and the performance of duties and functions pursuant to a declaration of emergency shall be reviewed by a committee of both Houses of Parliament designated or established for that purpose.
(2)The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of 12 or more persons in that House and at least the Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator who is referred to in any of paragraphs 62.4(1)(c) to (e) of the Parliament of Canada Act, or his or her nominee.
(3)Every member of the Parliamentary Review Committee and every person employed in the work of the Committee shall take the oath of secrecy set out in the schedule.
(4)Every meeting of the Parliamentary Review Committee held to consider an order or regulation referred to it pursuant to subsection 61(2) shall be held in private.
(5)If, within thirty days after an order or regulation is referred to the Parliamentary Review Committee pursuant to subsection 61(2), the Committee adopts a motion to the effect that the order or regulation be revoked or amended, the order or regulation is revoked or amended in accordance with the motion, effective on the day specified in the motion, which day may not be earlier than the day on which the motion is adopted.
(6)The Parliamentary Review Committee shall report or cause to be reported the results of its review under subsection (1) to each House of Parliament at least once every sixty days while the declaration of emergency is in effect and, in any case,
(a)within three sitting days after a motion for revocation of the declaration is filed under subsection 59(1);
(b)within seven sitting days after a proclamation continuing the declaration is issued; and
(c)within seven sitting days after the expiration of the declaration or the revocation of the declaration by the Governor in Council.
note
Inquiry
63Inquiry#
(1)The Governor in Council shall, within sixty days after the expiration or revocation of a declaration of emergency, cause an inquiry to be held into the circumstances that led to the declaration being issued and the measures taken for dealing with the emergency.
(2)A report of an inquiry held pursuant to this section shall be laid before each House of Parliament within three hundred and sixty days after the expiration or revocation of the declaration of emergency.
Part VII · Consequential and Related Provisions
Oath of Secrecy (Subsection 62(3))
I, , swear that I will not, without due authority, disclose or make known to any person any document or information acquired by me by reason of the duties performed by me on behalf of or under the direction of a Parliamentary Review Committee established pursuant to the Emergencies Act. So help me God.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.