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

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Act current to 2019-06-20 and last amended on 2003-07-02. Previous Versions

PART IIIInternational Emergency (continued)

Orders and Regulations (continued)

Marginal note:Control or direction of police force

  •  (1) Nothing in a declaration of an international 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 and Continuation of Declaration

Marginal note:Revocation by Parliament

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

Marginal note:Revocation by Governor in Council

 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

  •  (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

 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

  •  (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

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

  •  (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.

Orders and Regulations

Marginal note:Orders and regulations

  •  (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

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

Marginal note:Revocation by Governor in Council

 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

  •  (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

 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

  •  (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.

 
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