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

Act current to 2014-10-15 and last amended on 2003-07-02. Previous Versions

Declaration of a Public Welfare Emergency

Marginal note:Declaration 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.

  • 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
  •  (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
  •  (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.