Emergencies Act (R.S.C., 1985, c. 22 (4th Supp.))

Act current to 2014-09-29 and last amended on 2003-07-02. Previous Versions

Effect of Expiration or Revocation

Marginal note:Effect 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.

  • Marginal note:Effect of revocation of declaration

    (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.

  • Marginal note:Effect of revocation of continuation

    (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 IVWAR EMERGENCY

Interpretation

Marginal note:Definitions

 In this Part,

“declaration of a war emergency”

« déclaration d’état de guerre »

“declaration of a war emergency” means a proclamation issued pursuant to subsection 38(1);

“war emergency”

« 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.

Declaration of a War Emergency

Marginal note:Declaration 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.

  • Marginal note:Contents

    (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.

Marginal note:Effective 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.

  • Marginal note:Expiration of declaration

    (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.