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

PART IIPublic Order Emergency

Interpretation

Marginal note:Definitions

16 In this Part,

declaration of a public order emergency

declaration of a public order emergency means a proclamation issued pursuant to subsection 17(1); (déclaration d’état d’urgence)

public order emergency

public order emergency means an emergency that arises from threats to the security of Canada and that is so serious as to be a national emergency; (état d’urgence)

threats to the security of Canada

threats to the security of Canada has the meaning assigned by section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)

Declaration of a Public Order Emergency

Marginal note:Declaration of a public order emergency

• 17 (1) When the Governor in Council believes, on reasonable grounds, that a public order 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 25, may, by proclamation, so declare.

• Marginal note:Contents

  (2) A declaration of a public order 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 effects of the emergency do not extend to the whole of Canada, the area of Canada to which the effects of the emergency extend.

Marginal note:Effective date

• 18 (1) A declaration of a public order 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 order emergency expires at the end of thirty days unless the declaration is previously revoked or continued in accordance with this Act.

Orders and Regulations

Marginal note:Orders and regulations

• 19 (1) While a declaration of a public order 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

    • (i) any public assembly that may reasonably be expected to lead to a breach of the peace,

    • (ii) travel to, from or within any specified area, or

    • (iii) the use of specified property;

  • (b) the designation and securing of protected places;

  • (c) the assumption of the control, and the restoration and maintenance, of public utilities and services;

  • (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; and

  • (e) 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 order emergency specifies that the 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, shall be exercised or performed

  • (a) 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

  • (b) 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.

Marginal note:Control or direction of police force

• 20 (1) Nothing in a declaration of a public order 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, Continuation and Amendment of Declaration

Marginal note:Revocation by Parliament

21 Parliament may revoke a declaration of a public order emergency in accordance with section 58 or 59.

Marginal note:Revocation by Governor in Council

22 The Governor in Council may, by proclamation, revoke a declaration of a public order emergency either generally or with respect to any area of Canada effective on such day as is specified in the proclamation.

Marginal note:Continuation by Governor in Council

• 23 (1) At any time before a declaration of a public order emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 25, may, by proclamation, continue the declaration either generally or with respect to any area of Canada for such period, not exceeding thirty days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist or that the effects of the emergency will continue to extend to that area, as the case may be.

• Marginal note:Review of orders and regulations

  (2) Before issuing a proclamation continuing a declaration of a public order emergency, the Governor in Council shall review all current orders and regulations made under section 19 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 a public order emergency may be continued more than once pursuant to subsection (1).

• Marginal note:Effective date

  (4) A proclamation continuing a declaration of a public order 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.

Marginal note:Amendment by Governor in Council

• 24 (1) Where the Governor in Council

  • (a) has issued a declaration of a public order emergency specifying that the effects of the emergency extend only to a specified area of Canada, and

  • (b) believes, on reasonable grounds, that the effects of the emergency have extended to any other area of Canada or to the rest of Canada,

  the Governor in Council, after such consultation as is required by section 25, may, by proclamation, amend the declaration to specify that other area as an area of Canada to which the effects of the emergency extend or to remove the existing specification, as the case may be.

• Marginal note:Effective date

  (2) A proclamation amending a declaration of a public order 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

• 25 (1) Subject to subsections (2) and (3), before the Governor in Council issues, continues or amends a declaration of a public order emergency, the lieutenant governor in council of each province in which the effects of the emergency occur shall be consulted with respect to the proposed action.

• Marginal note:Idem

  (2) Where the effects of a public order emergency extend to more than one province and the Governor in Council is of the opinion that the lieutenant governor in council of a province in which the effects of the emergency occur cannot, before the issue or amendment of a declaration of a public order emergency, be adequately consulted without unduly jeopardizing the effectiveness of the proposed action, the lieutenant governor in council of that province may be consulted with respect to the action after the declaration is issued or amended and before the motion for confirmation of the declaration or amendment is laid before either House of Parliament.

• Marginal note:Indication

  (3) The Governor in Council may not issue a declaration of a public order emergency where the effects of the emergency are confined to one province, unless the lieutenant governor in council of the province has indicated to the Governor in Council that the emergency exceeds the capacity or authority of the province to deal with it.

Effect of Expiration or Revocation

Marginal note:Effect of expiration of declaration

• 26 (1) Where, pursuant to this Act, a declaration of a public order emergency expires either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, 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 public order emergency is revoked either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, 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 public order emergency either generally or with respect to any area of Canada is revoked after the time the declaration would, but for the proclamation, have otherwise expired either generally or with respect to that area,

  • (a) the declaration and all orders and regulations made pursuant to the declaration, or

  • (b) the declaration and all orders and regulations made pursuant to the declaration to the extent that the declaration, orders and regulations apply with respect to that area,

  as the case may be, are revoked effective on the revocation of the proclamation.

• Marginal note:Effect of revocation of amendment

  (4) Where, pursuant to this Act, a proclamation amending a declaration of a public order emergency is revoked, all orders and regulations made pursuant to the amendment and all orders and regulations to the extent that they apply pursuant to the amendment are revoked effective on the revocation of the proclamation.

PART IIIInternational Emergency

Interpretation

Marginal note:Definitions

27 In this Part,

declaration of an international emergency

declaration of an international emergency means a proclamation issued pursuant to subsection 28(1); (déclaration d’état de crise internationale)

international emergency

international emergency means an emergency involving Canada and one or more other countries that arises from acts of intimidation or coercion or the real or imminent use of serious force or violence and that is so serious as to be a national emergency. (état de crise internationale)

Declaration of an International Emergency

Marginal note:Declaration of an international emergency

• 28 (1) When the Governor in Council believes, on reasonable grounds, that an international 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 35, may, by proclamation, so declare.

• Marginal note:Contents

  (2) A declaration of an international emergency shall specify

  • (a) concisely the state of affairs constituting the emergency; and

  • (b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency.