OTTAWA – NEWS – On Sunday night the Trudeau cabinet discussed the implementation of the Emergencies Act.

On Monday, the provinces will be consulted on its invocation. There is however no requirement for the provinces to agree to the Emergencies Act being invoked, just that they be consulted.

It is likely the section would be a public emergency to the security of the country

Pierre Elliot Trudeau implemented the War Measures Act during the FLQ Crisis in Canada. The Emergencies Act replaced that measure in 1985.

Emergencies Act

Short Title

Marginal note:Short title

1 This Act may be cited as the Emergencies Act.

Application and Construction

Marginal note:Binding on Her Majesty

• 2 (1) This Act is binding on Her Majesty in right of Canada or a province.

• Marginal note:Federal jurisdiction

  (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.

Marginal note:National emergency

3 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.

Marginal note:Construction

4 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.

PART IPublic Welfare Emergency

Interpretation

Marginal note:Definitions

5 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)

Declaration of a Public Welfare Emergency

Marginal note:Declaration of a public welfare emergency

• 6 (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.

• Marginal note:Contents

  (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.

Marginal note:Effective date

• 7 (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.

• Marginal note:Expiration of declaration

  (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

Marginal note:Orders and regulations

• 8 (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.

• Marginal note:Restriction

  (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.

• Marginal note:Idem

  (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.

Marginal note:Control or direction of police force

• 9 (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.

• Marginal note:R.C.M.P.

  (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

Marginal note:Revocation by Parliament

10 Parliament may revoke a declaration of a public welfare emergency in accordance with section 58 or 59.

Marginal note:Revocation by Governor in Council

11 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.

Marginal note:Continuation by Governor in Council

• 12 (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.

• Marginal note:Review of orders and regulations

  (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.

• Marginal note:Multiple continuations

  (3) A declaration of a public welfare emergency may be continued more than once pursuant to subsection (1).

• Marginal note:Effective date

  (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.

Marginal note:Amendment by Governor in Council

• 13 (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.

• Marginal note:Effective date

  (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

Marginal note:Consultation

• 14 (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.

• Marginal note:Indication

  (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

Marginal note:Effect of expiration of declaration

• 15 (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.

• Marginal note:Effect of revocation of declaration

  (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.

• Marginal note:Effect of revocation of continuation

  (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.

• Marginal note:Effect of revocation of amendment

  (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

Marginal note:Definitions

16 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

Marginal note:Declaration of a public order emergency

• 17 (1) ≈

• Marginal note:Contents

  (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.

Marginal note:Effective date

• 18 (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.

• Marginal note:Expiration of declaration

  (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.