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Emergencies Act

Version of section 30 from 2002-12-31 to 2023-06-21:


Marginal note:Orders and regulations

  •  (1) While a declaration of an international 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 control or regulation of any specified industry or service, including the use of equipment, facilities and inventory;

    • (b) the appropriation, control, forfeiture, use and disposition of property or services;

    • (c) the authorization and conduct of inquiries in relation to defence contracts or defence supplies as defined in the Defence Production Act or to hoarding, overcharging, black marketing or fraudulent operations in respect of scarce commodities, including the conferment of powers under the Inquiries Act on any person authorized to conduct such an inquiry;

    • (d) the authorization of the entry and search of any dwelling-house, premises, conveyance or place, and the search of any person found therein, for any thing that may be evidence relevant to any matter that is the subject of an inquiry referred to in paragraph (c), and the seizure and detention of any such thing;

    • (e) 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;

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

    • (g) the regulation or prohibition of travel outside Canada by Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and of admission into Canada of other persons;

    • (h) the removal from Canada of persons, other than

      • (i) Canadian citizens,

      • (ii) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and

      • (iii) protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of

        • (A) security, violating human or international rights or serious criminality, or

        • (B) criminality and who have not been convicted of any offence under any Act of Parliament for which a term of imprisonment of more than six months has been imposed, or five years or more may be imposed;

    • (i) the control or regulation of the international aspects of specified financial activities within Canada;

    • (j) the authorization of expenditures for dealing with an international emergency in excess of any limit set by an Act of Parliament and the setting of a limit on such expenditures;

    • (k) the authorization of any minister of the Crown to discharge specified responsibilities respecting the international emergency or to take specified actions of a political, diplomatic or economic nature for dealing with the emergency; and

    • (l) 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) 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,

    • (a) shall be exercised or performed

      • (i) 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

      • (ii) 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; and

    • (b) shall not be exercised or performed for the purpose of censoring, suppressing or controlling the publication or communication of any information regardless of its form or characteristics.

  • R.S., 1985, c. 22 (4th Supp.), s. 30
  • 1992, c. 49, s. 125
  • 2001, c. 27, s. 249

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