Emergency Measures Regulations (SOR/2022-21)

Marginal note:Interpretation

1 The following definitions apply to these Regulations

Act

Act means the Emergencies Act (Loi)

critical infrastructure

critical infrastructure means the following places, including any land on which they are located:

• (a) airports, aerodromes, heliports, harbours, ports, piers, lighthouses, canals, railway stations, railways, tramway lines, bus stations, bus depots and truck depots;

• (b) infrastructure for the supply of utilities such as water, gas, sanitation and telecommunications;

• (c) international and interprovincial bridges and crossings;

• (d) power generation and transmission facilities;

• (e) hospitals and locations where COVID-19 vaccines are administered;

• (f) trade corridors and international border crossings, including ports of entry, ferry terminals, customs offices, bonded warehouses, and sufferance warehouses. (infrastructures essentielles)

foreign national

foreign national has the same meaning as in subsection 2‍(1) of the Immigration and Refugee Protection Act (étranger)

peace officer

peace officer means a police officer, police constable, constable, or other person employed for the preservation and maintenance of the public peace (agent de la paix)

protected person

protected person has the same meaning as in subsection 95‍(2) of the Immigration and Refugee Protection Act (personne protégée)

Marginal note:Prohibition — public assembly

• 2 (1) A person must not participate in a public assembly that may reasonably be expected to lead to a breach of the peace by:

  • (a) the serious disruption of the movement of persons or goods or the serious interference with trade;

  • (b) the interference with the functioning of critical infrastructure; or

  • (c) the support of the threat or use of acts of serious violence against persons or property.

• Marginal note:Minor

  (2) A person must not cause a person under the age of eighteen years to participate in an assembly referred to in subsection (1).

Marginal note:Prohibition — entry to Canada — foreign national

• 3 (1) A foreign national must not enter Canada with the intent to participate in or facilitate an assembly referred to in subsection 2(1).

• Marginal note:Exemption

  (2) Subsection (1) does not apply to

  • (a) a person registered as an Indian under the Indian Act;

  • (b) a person who has been recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146‍(1) of the Immigration and Refugee Protection Regulations who is issued a permanent resident visa under subsection 139‍(1) of those regulations;

  • (c) a person who has been issued a temporary resident permit within the meaning of subsection 24‍(1) of the Immigration and Refugee Protection Act and who seeks to enter Canada as a protected temporary resident under subsection 151.1‍(2) of the Immigration and Refugee Protection Regulations;

  • (d) a person who seeks to enter Canada for the purpose of making a claim for refugee protection;

  • (e) a protected person;

  • (f) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest.

Marginal note:Travel

• 4 (1) A person must not travel to or within an area where an assembly referred to in subsection 2(1) is taking place.

• Marginal note:Minor — travel near public assembly

  (2) A person must not cause a person under the age of eighteen years to travel to or within 500 metres of an area where an assembly referred to in subsection 2(1) is taking place.

• Marginal note:Exemptions

  (3) A person is not in contravention of subsections (1) and (2) if they are

  • (a) a person who, within of the assembly area, resides, works or is moving through that area for reasons other than to participate in or facilitate the assembly;

  • (b) a person who, within the assembly area, is acting with the permission of a peace officer or the Minister of Public Safety and Emergency Preparedness;

  • (c) a peace officer; or

  • (d) an employee or agent of the government of Canada or a province who is acting in the execution of their duties.

Marginal note:Use of property — prohibited assembly

5 A person must not, directly or indirectly, use, collect, provide make available or invite a person to provide property to facilitate or participate in any assembly referred to in subsection 2(1) or for the purpose of benefiting any person who is facilitating or participating in such an activity.

Marginal note:Designation of protected places

6 The following places are designated as protected and may be secured:

• (a) critical infrastructures;

• (b) Parliament Hill and the parliamentary precinct  as they are defined in section 79.51 of the Parliament of Canada Act;

• (c) official residences;

• (d) government buildings and defence buildings

• (e) any property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery;

• (f) any other place as designated by the Minister of Public Safety and Emergency Preparedness.

Marginal note:Direction to render essential goods and services

• 7 (1) Any person must make available and render the essential goods and services requested by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a person acting on their behalf for the removal, towing and storage of any vehicle, equipment, structure or other object that is part of a blockade.

• Marginal note:Method of request

  (2) Any request made under subsection (1) may be made in writing or given verbally by a person acting on their behalf.

• Marginal note:Verbal request

  (3) Any verbal request must be confirmed in writing as soon as possible.

Marginal note:Period of request

8 A person who, in accordance with these Regulations, is subject to a request under section 7 to render essential goods and services must comply immediately with that request until the earlier of any of the following:

• (a) the day referred to in the request;

• (b) the day on which the declaration of the public order emergency expires or is revoked; or

• (c) the day on which these Regulations are repealed.

Marginal note:Compensation for essential goods and services

• 9 (1) Her Majesty in right of Canada is to provide reasonable compensation to a person for any goods or services that they have rendered at their request under section 7, which amount must be equal to the current market price for those goods or services of that same type, in the area in which the goods or services are rendered.

• Marginal note:Compensation

  (2) Any person who suffers loss, injury or damage as a result of anything done or purported to be done under these Regulations may make an application for compensation in accordance with Part V of the Emergencies Act and any regulations made under that Part, as the case may be.

Marginal note:Compliance — peace officer

• 10 (1) In the case of a failure to comply with these Regulations, any peace officer may take the necessary measures to ensure the compliance with these Regulations and with any provincial or municipal laws and allow for the prosecution for that failure to comply.

• Marginal note:Contravention of Regulations

  (2) In the case of a failure to comply with these Regulations, any peace officer may take the necessary measures to ensure the compliance and allow for the prosecution for that failure to comply

  • (a) on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both; or

  • (b) on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both.

Marginal note:Coming into force

11 This Order comes into force on the day on which it is registered.