Preamble
WHEREAS the safety and security of
the individual, the protection of the values of the body politic and the
preservation of the sovereignty, security and territorial integrity of
the state are fundamental obligations of government;
AND WHEREAS the fulfilment of those
obligations in Canada may be seriously threatened by a national
emergency and, in order to ensure safety and security during such an emergency,
the Governor in Council should be authorized, subject to the supervision
of Parliament, to take special temporary measures that may not be
appropriate in normal times;
NOW THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and House of Commons of Canada,
enacts as follows:
Short Title
Marginal note:Short
title
Application and Construction
Marginal note:Binding
on Her Majesty
2(1)
This Act is binding on Her Majesty in right of Canada or a province.
Marginal note:Federal
jurisdiction
(2) For
greater certainty, nothing in this Act derogates from the authority of
the Government of Canada to deal with emergencies on any property, territory
or area in respect of which the Parliament of Canada has jurisdiction.
Marginal note:National
emergency
3
For the purposes of this Act, a national
emergency is an urgent and critical situation of a temporary
nature that
(a) seriously
endangers the lives, health or safety of Canadians and is of such proportions
or nature as to exceed the capacity or authority of a province to deal
with it, or
(b) seriously
threatens the ability of the Government of Canada to preserve the sovereignty,
security and territorial integrity of Canada
and that cannot be
effectively dealt with under any other law of Canada.
Marginal note:Construction
4
Nothing in this Act shall be construed or applied so as to confer on the
Governor in Council the power to make orders or regulations
(a) altering
the provisions of this Act; or
(b) providing
for the detention, imprisonment or internment of Canadian citizens or permanent
residents within the meaning of subsection 2(1) of the
Immigration
and Refugee Protection Act on the basis of race, national or ethnic
origin, colour, religion, sex, age or mental or physical disability.
-
R.S., 1985, c. 22 (4th Supp.), s. 4
-
2001, c. 27, s. 248
PART I Public Welfare
Emergency
Interpretation
Marginal note:Definitions
5
In this Part,
-
declaration of a public welfare emergency
declaration of a
public welfare emergency means a proclamation issued pursuant
to subsection 6(1); (déclaration
de sinistre)
-
public welfare emergency
public welfare emergency means
an emergency that is caused by a real or imminent
(a) fire,
flood, drought, storm, Earthquake or other natural phenomenon,
(b) disease
in human beings, animals or plants, or
(c) accident
or pollution
and that results or may result
in a danger to life or property, social disruption or a breakdown in the
flow of essential goods, services or resources, so serious as to be a national
emergency. (sinistre)
Declaration of a Public Welfare Emergency
Marginal note:Declaration
of a public welfare emergency
6(1)
When the Governor in Council believes, on reasonable grounds, that a public
welfare 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 14, may, by proclamation, so
declare.
Marginal note:Contents
(2) A
declaration of a public welfare 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 direct effects of the emergency do not extend to the whole of Canada,
the area of Canada to which the direct effects of the emergency extend.
Marginal note:Effective
date
7(1)
A declaration of a public welfare 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 welfare emergency expires at the end of ninety
days unless the declaration is previously revoked or continued in accordance
with this Act.
Orders and Regulations
Marginal note:Orders
and regulations
8(1)
While a declaration of a public welfare 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 travel to, from or within any specified area,
where necessary for the protection of the health or safety of individuals;
(b) the
evacuation of persons and the removal of personal property from any specified
area and the making of arrangements for the adequate care and protection
of the persons and property;
(c) the
requisition, use or disposition of property;
(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;
(e) the
regulation of the distribution and availability of essential goods, services
and resources;
(f) the
authorization and making of emergency payments;
(g) the
establishment of emergency shelters and hospitals;
(h) the
assessment of damage to any works or undertakings and the repair, replacement
or restoration thereof;
(i) the
assessment of damage to the environment and the elimination or alleviation
of the damage; and
(j) 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 welfare emergency specifies that the direct 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,
(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 terminating a strike or
lock-out or imposing a settlement in a labour dispute.
Marginal note:Control
or direction of police force
9(1)
Nothing in a declaration of a public welfare 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
10
Parliament may revoke a declaration of a public welfare emergency in accordance
with section 58 or 59.
Marginal note:Revocation
by Governor in Council
11
The Governor in Council may, by proclamation, revoke a declaration of a
public welfare 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
12(1)
At any time before a declaration of a public welfare emergency would otherwise
expire, the Governor in Council, after such consultation as is required
by section 14, may, by proclamation, continue the declaration either generally
or with respect to any area of Canada for such period, not exceeding ninety
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 direct 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 welfare emergency,
the Governor in Council shall review all current orders and regulations
made under section 8 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 welfare emergency may be continued more than once
pursuant to subsection (1).
Marginal note:Effective
date
(4) A proclamation
continuing a declaration of a public welfare 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
13(1)
Where the Governor in Council
(a) has
issued a declaration of a public welfare emergency specifying that the
direct effects of the emergency extend only to a specified area of Canada,
and
(b) believes,
on reasonable grounds, that the direct 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 14, may, by proclamation,
amend the declaration to specify that other area as an area of Canada to
which the direct 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 welfare 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
14(1)
Subject to subsection (2), before the Governor in Council issues, continues
or amends a declaration of a public welfare emergency, the lieutenant governor
in council of each province in which the direct effects of the emergency
occur shall be consulted with respect to the proposed action.
Marginal note:Indication
(2) The
Governor in Council may not issue a declaration of a public welfare emergency
where the direct effects of the emergency are confined to, or occur principally
in, 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
15(1)
Where, pursuant to this Act, a declaration of a public welfare 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 welfare 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
welfare 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
welfare 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 II Public 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
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.