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

Revocation and Continuation of Declaration

Marginal note:Revocation by Parliament

32 Parliament may revoke a declaration of an international emergency in accordance with section 58 or 59.

Marginal note:Revocation by Governor in Council

33 The Governor in Council may, by proclamation, revoke a declaration of an international emergency effective on such day as is specified in the proclamation.

Marginal note:Continuation by Governor in Council

• 34 (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.

• Marginal note:Review of orders and regulations

  (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.

• Marginal note:Multiple continuations

  (3) A declaration of an international emergency may be continued more than once pursuant to subsection (1).

• Marginal note:Effective date

  (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

Marginal note:Consultation

35 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

Marginal note:Effect of expiration of declaration

• 36 (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

37 In this Part,

declaration of a war emergency

declaration of a war emergency means a proclamation issued pursuant to subsection 38(1); (déclaration d’état de guerre)

war emergency

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

Marginal note:Declaration of a war emergency

• 38 (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

• 39 (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.

Orders and Regulations

Marginal note:Orders and regulations

• 40 (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.

• Marginal note:No conscription by regulation

  (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.

• Marginal note:Punishment

  (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).

• Marginal note:Restriction

  (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

Marginal note:Revocation by Parliament

41 Parliament may revoke a declaration of a war emergency in accordance with section 58 or 59.

Marginal note:Revocation by Governor in Council

42 The Governor in Council may, by proclamation, revoke a declaration of a war emergency effective on such day as is specified in the proclamation.

Marginal note:Continuation by Governor in Council

• 43 (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.

• Marginal note:Review of orders and regulations

  (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.

• Marginal note:Multiple continuations

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

• Marginal note:Effective date

  (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

Marginal note:Consultation

44 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

Marginal note:Effect of expiration of declaration

• 45 (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.

• Marginal note:Effect of revocation of declaration

  (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.

• Marginal note:Effect of revocation of continuation

  (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 VCompensation

Interpretation

Marginal note:Definitions

46 In this Part,

compensation

compensation means compensation under subsection 48(1); (indemnisation)

Crown

Crown means Her Majesty in right of Canada; (État)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Part. (ministre)

Liability

Marginal note:Protection from personal liability

• 47 (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.

• Marginal note:Crown not relieved of liability

  (2) Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted.

Compensation

Marginal note:Compensation

• 48 (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.

• Marginal note:Release

  (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.

• Marginal note:Subrogation

  (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.

• Marginal note:Application of recovered sums

  (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.

• Marginal note:Settlement

  (5) No settlement or release bars the rights of the Crown under subsection (3) unless the Minister has concurred therein.

Marginal note:Regulations

49 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

Marginal note:Assessor and Deputy Assessors

• 50 (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.

• Marginal note:Acting assessor

  (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.

• Marginal note:Deputy Assessor

  (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”.

Marginal note:Appeal

• 51 (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.

• Marginal note:Limitation period

  (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.

Marginal note:Powers of Assessor

• 52 (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.

• Marginal note:Costs

  (2) In any appeal under this Part, costs may be awarded to or against the Crown.

• Marginal note:Decision final

  (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.

• Marginal note:Payment

  (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.