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

Act current to 2014-09-01 and last amended on 2003-07-02. Previous Versions

Orders and Regulations

Marginal note:Tabling 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.

  • Marginal note:Reference to Committee

    (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.

  • Marginal note:Motion for revocation or amendment

    (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.

  • Marginal note:Vote

    (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.

  • Marginal note:Motion for concurrence

    (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.

  • Marginal note:Consideration

    (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.

  • Marginal note:Vote on motion for concurrence

    (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.

  • Marginal note:Revocation or amendment of order or regulation

    (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

Marginal note:Review 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.

  • Marginal note:Membership

    (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 twelve or more persons in that House and at least one senator from each party in the Senate that is represented on the committee by a member of the House of Commons.

  • Marginal note:Oath of secrecy

    (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.

  • Marginal note:Meetings in private

    (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.

  • Marginal note:Revocation or amendment of order or regulation

    (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.

  • Marginal note:Report to Parliament

    (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.