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

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.

Marginal note:Sittings and hearings

• 53 (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required.

• Marginal note:Expenses

  (2) The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act.

Marginal note:Procedure

54 The Assessor may, with the approval of the Governor in Council, make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Assessor deems necessary to enable the discharge of the Assessor’s duties under this Act.

Marginal note:Registrar

55 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.

Payment

Marginal note:Payment out of C.R.F.

56 Compensation and costs awarded against the Crown under this Part shall be paid out of the Consolidated Revenue Fund.

PART VIParliamentary Supervision

Interpretation

Marginal note:Definitions

57 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

• 58 (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.