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 VIParliamentary Supervision

Interpretation

Marginal note:Definitions

 In this Part,

declaration of emergency

declaration of emergency means a proclamation issued pursuant to subsection 6(1), 17(1), 28(1) or 38(1); (déclaration de situation de crise)

Parliamentary Review Committee

Parliamentary Review Committee means the committee referred to in subsection 62(1); (comité d’examen parlementaire)

sitting day

sitting day, in respect of a House of Parliament, means a day on which that House is sitting. (jour de séance)

Consideration of Declaration of Emergency

Marginal note:Tabling in Parliament when sitting

  •  (1) Subject to subsection (4), a motion for confirmation of a declaration of emergency, signed by a minister of the Crown, together with an explanation of the reasons for issuing the declaration and a report on any consultation with the lieutenant governors in council of the provinces with respect to the declaration, shall be laid before each House of Parliament within seven sitting days after the declaration is issued.

  • Marginal note:Summoning Parliament or House

    (2) If a declaration of emergency is issued during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the declaration is issued.

  • Marginal note:Summoning Parliament

    (3) If a declaration of emergency is issued at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the declaration is issued.

  • Marginal note:Tabling in Parliament after summoned

    (4) Where Parliament or a House of Parliament is summoned to sit in accordance with subsection (2) or (3), the motion, explanation and report described in subsection (1) shall be laid before each House of Parliament or that House of Parliament, as the case may be, on the first sitting day after Parliament or that House is summoned.

  • Marginal note:Consideration

    (5) Where a motion is laid before a House of Parliament as provided in subsection (1) or (4), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

  • Marginal note:Vote

    (6) A motion taken up and considered in accordance with subsection (5) 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 of declaration

    (7) If a motion for confirmation of a declaration of emergency is negatived by either House of Parliament, the declaration, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.

Revocation of Declaration of Emergency

Marginal note:Motion for revocation

  •  (1) Where a motion, for the consideration of the Senate or the House of Commons, to the effect that

    • (a) a declaration of emergency under Part I or II be revoked either generally or with respect to any area of Canada, or

    • (b) a declaration of emergency under Part III or IV be revoked,

    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

    (2) A motion taken up and considered in accordance with subsection (1) shall be debated without interruption for not more than ten hours and, on the expiration of the tenth hour or at such earlier 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 of declaration

    (3) If a motion debated in accordance with subsection (2) is adopted by the House, the declaration, to the extent that it has not previously expired or been revoked, is revoked 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 adopting the motion.

Consideration of Continuation or Amendment of Declaration of Emergency

Marginal note:Motion for confirmation of proclamation continuing a declaration

  •  (1) A motion for confirmation of a proclamation continuing a declaration of emergency and of any orders and regulations named in the motion pursuant to subsection (3), signed by a minister of the Crown, together with an explanation of the reasons for issuing the proclamation, a report on any consultation with the lieutenant governors in council of the provinces with respect to the proclamation and a report on the review of orders and regulations conducted before the issuing of the proclamation, shall be laid before each House of Parliament within seven sitting days after the proclamation is issued.

  • Marginal note:Motion for confirmation of proclamation amending a declaration

    (2) A motion for confirmation of a proclamation amending a declaration of emergency, signed by a minister of the Crown, together with an explanation of the reasons for issuing the proclamation and a report on any consultation with the lieutenant governors in council of the provinces with respect to the proclamation, shall be laid before each House of Parliament within seven sitting days after the proclamation is issued.

  • Marginal note:Orders and regulations named

    (3) A motion for confirmation of a proclamation continuing a declaration of emergency shall name the orders and regulations in force on the issuing of the proclamation that the Governor in Council believed, on reasonable grounds, continued at that time to be necessary or, in the case of a proclamation issued pursuant to subsection 43(1), advisable, for dealing with the emergency.

  • Marginal note:Consideration

    (4) Where a motion is laid before a House of Parliament as provided in subsection (1) or (2), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

  • Marginal note:Vote

    (5) A motion taken up and considered in accordance with subsection (4) 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 of proclamation

    (6) If a motion for confirmation of a proclamation is negatived by either House of Parliament, the proclamation, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.

  • Marginal note:Revocation of orders or regulations

    (7) If a motion for confirmation of a proclamation continuing a declaration of emergency is amended by either House of Parliament by the deletion therefrom of an order or regulation named in the motion pursuant to subsection (3), the order or regulation is revoked effective on the day on which the motion, as amended, is adopted.

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.

 
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