Emergencies Act

An Act to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof

Canada (Federal)· E-4.5· 305 sections· current to 2023-06-22In force

See how this Act changed View amendment graph Official consolidated text

Policy areas

Public Safety & Security Justice & the Law Democratic Institutions & Elections

Bills that amended this Act0

No published amendment links yet for this Act.

Sections306

1Short title
This Act may be cited as the Emergencies Act.
2Binding on Her Majesty
2(1)
This Act is binding on Her Majesty in right of Canada or a province.
2(2)Federal jurisdiction
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.
3National emergency
For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that and that cannot be effectively dealt with under any other law of Canada.
3(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
3(b)
seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada
4Construction
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
4(a)
altering the provisions of this Act; or
4(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.
5Definitions
In this Part,
5[p11]
declaration of a public welfare emergency means a proclamation issued pursuant to subsection 6(1); (déclaration de sinistre)
5[p12]
public welfare emergency means an emergency that is caused by a real or imminent 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)
5[p12](a)
fire, flood, drought, storm, earthquake or other natural phenomenon,
5[p12](b)
disease in human beings, animals or plants, or
5[p12](c)
accident or pollution
6Declaration 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.
6(2)Contents
A declaration of a public welfare emergency shall specify
6(2)(a)
concisely the state of affairs constituting the emergency;
6(2)(b)
the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
6(2)(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.
7Effective 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.
7(2)Expiration of declaration
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.
8Orders 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:
8(1)(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;
8(1)(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;
8(1)(c)
the requisition, use or disposition of property;
8(1)(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;
8(1)(e)
the regulation of the distribution and availability of essential goods, services and resources;
8(1)(f)
the authorization and making of emergency payments;
8(1)(g)
the establishment of emergency shelters and hospitals;
8(1)(h)
the assessment of damage to any works or undertakings and the repair, replacement or restoration thereof;
8(1)(i)
the assessment of damage to the environment and the elimination or alleviation of the damage; and
8(1)(j)
the imposition for contravention of any order or regulation made under this section.
8(1)(j)(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
8(1)(j)(ii)
on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
8(2)Restriction
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.
8(3)Idem
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,
8(3)(a)
shall be exercised or performed
8(3)(a)(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
8(3)(a)(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
8(3)(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.
9Control 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.
9(2)R.C.M.P.
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.
10Revocation by Parliament
Parliament may revoke a declaration of a public welfare emergency in accordance with section 58 or 59.
11Revocation by Governor in Council
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.
12Continuation 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.
12(2)Review of orders and regulations
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.
12(3)Multiple continuations
A declaration of a public welfare emergency may be continued more than once pursuant to subsection (1).
12(4)Effective date
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.
13Amendment by Governor in Council
13(1)
Where the Governor in Council 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.
13(1)(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
13(1)(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,
13(2)Effective date
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.
14Consultation
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.
14(2)Indication
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.
15Effect 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.
15(2)Effect of revocation of declaration
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.
15(3)Effect of revocation of continuation
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, as the case may be, are revoked effective on the revocation of the proclamation.
15(3)(a)
the declaration and all orders and regulations made pursuant to the declaration, or
15(3)(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,
15(4)Effect of revocation of amendment
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.
16Definitions
In this Part,
16[p71]
declaration of a public order emergency means a proclamation issued pursuant to subsection 17(1); (déclaration d’état d’urgence)
16[p72]
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)
16[p73]
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)
17Declaration 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.
17(2)Contents
A declaration of a public order emergency shall specify
17(2)(a)
concisely the state of affairs constituting the emergency;
17(2)(b)
the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
17(2)(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.
18Effective 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.
18(2)Expiration of declaration
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.
19Orders 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:
19(1)(a)
the regulation or prohibition of
19(1)(a)(i)
any public assembly that may reasonably be expected to lead to a breach of the peace,
19(1)(a)(ii)
travel to, from or within any specified area, or
19(1)(a)(iii)
the use of specified property;
19(1)(b)
the designation and securing of protected places;
19(1)(c)
the assumption of the control, and the restoration and maintenance, of public utilities and services;
19(1)(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
19(1)(e)
the imposition for contravention of any order or regulation made under this section.
19(1)(e)(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
19(1)(e)(ii)
on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
19(2)Restriction
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.
19(3)Idem
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
19(3)(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
19(3)(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.
20Control 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.
20(2)R.C.M.P.
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.
21Revocation by Parliament
Parliament may revoke a declaration of a public order emergency in accordance with section 58 or 59.
22Revocation by Governor in Council
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.
23Continuation 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.
23(2)Review of orders and regulations
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.
23(3)Multiple continuations
A declaration of a public order emergency may be continued more than once pursuant to subsection (1).
23(4)Effective date
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.
24Amendment by Governor in Council
24(1)
Where the Governor in Council 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.
24(1)(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
24(1)(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,
24(2)Effective date
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.
25Consultation
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.
25(2)Idem
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.
25(3)Indication
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.
26Effect 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.
26(2)Effect of revocation of declaration
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.
26(3)Effect of revocation of continuation
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, as the case may be, are revoked effective on the revocation of the proclamation.
26(3)(a)
the declaration and all orders and regulations made pursuant to the declaration, or
26(3)(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,
26(4)Effect of revocation of amendment
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.
27Definitions
In this Part,
27[p126]
declaration of an international emergency means a proclamation issued pursuant to subsection 28(1); (déclaration d’état de crise internationale)
27[p127]
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)
28Declaration 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.
28(2)Contents
A declaration of an international emergency shall specify
28(2)(a)
concisely the state of affairs constituting the emergency; and
28(2)(b)
the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency.
29Effective date
29(1)
A declaration of an international 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.
29(2)Expiration of declaration
A declaration of an international emergency expires at the end of sixty days unless the declaration is previously revoked or continued in accordance with this Act.
30Orders and regulations
30(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:
30(1)(a)
the control or regulation of any specified industry or service, including the use of equipment, facilities and inventory;
30(1)(b)
the appropriation, control, forfeiture, use and disposition of property or services;
30(1)(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;
30(1)(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;
30(1)(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;
30(1)(f)
the designation and securing of protected places;
30(1)(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;
30(1)(h)
the removal from Canada of persons, other than
30(1)(h)(i)
Canadian citizens,
30(1)(h)(ii)
permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and
30(1)(h)(iii)
protected persons within the meaning of subsection 95(2) of that Act who are not inadmissible under that Act on grounds of
30(1)(h)(iii)(A)
security, violating human or international rights, sanctions or serious criminality, or
30(1)(h)(iii)(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;
30(1)(i)
the control or regulation of the international aspects of specified financial activities within Canada;
30(1)(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;
30(1)(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
30(1)(l)
the imposition for contravention of any order or regulation made under this section.
30(1)(l)(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
30(1)(l)(ii)
on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
30(2)Restriction
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,
30(2)(a)
shall be exercised or performed
30(2)(a)(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
30(2)(a)(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
30(2)(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.
31Control or direction of police force
31(1)
Nothing in a declaration of an international 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.
31(2)R.C.M.P.
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.
32Revocation by Parliament
Parliament may revoke a declaration of an international emergency in accordance with section 58 or 59.
33Revocation by Governor in Council
The Governor in Council may, by proclamation, revoke a declaration of an international emergency effective on such day as is specified in the proclamation.
34Continuation by Governor in Council
34(1)
At any time before a declaration of an international emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 35, may, by proclamation, continue the declaration for such period, not exceeding sixty days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist.
34(2)Review of orders and regulations
Before issuing a proclamation continuing a declaration of an international emergency, the Governor in Council shall review all current orders and regulations made under section 30 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.
34(3)Multiple continuations
A declaration of an international emergency may be continued more than once pursuant to subsection (1).
34(4)Effective date
A proclamation continuing a declaration of an international 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.
35Consultation
Before the Governor in Council issues or continues a declaration of an international 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.
36Effect of expiration of declaration
36(1)
Where, pursuant to this Act, a declaration of an international emergency expires, all orders and regulations made pursuant to the declaration expire on the day on which the declaration expires.
36(2)Effect of revocation of declaration
Where, pursuant to this Act, a declaration of an international emergency is revoked, all orders and regulations made pursuant to the declaration are revoked effective on the revocation of the declaration.
36(3)Effect of revocation of continuation
Where, pursuant to this Act, a proclamation continuing a declaration of an international 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.
37Definitions
In this Part,
37[p178]
declaration of a war emergency means a proclamation issued pursuant to subsection 38(1); (déclaration d’état de guerre)
37[p179]
war emergency means war or other armed conflict, real or imminent, involving Canada or any of its allies that is so serious as to be a national emergency. (état de guerre)
38Declaration of a war emergency
38(1)
When the Governor in Council believes, on reasonable grounds, that a war 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 44, may, by proclamation, so declare.
38(2)Contents
A declaration of a war emergency shall specify the state of affairs constituting the emergency to the extent that, in the opinion of the Governor in Council, it is possible to do so without jeopardizing any special temporary measures proposed to be taken for dealing with the emergency.
39Effective date
39(1)
A declaration of a war 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.
39(2)Expiration of declaration
A declaration of a war emergency expires at the end of one hundred and twenty days unless the declaration is previously revoked or continued in accordance with this Act.
40Orders and regulations
40(1)
While a declaration of a war emergency is in effect, the Governor in Council may make such orders or regulations as the Governor in Council believes, on reasonable grounds, are necessary or advisable for dealing with the emergency.
40(2)No conscription by regulation
The power under subsection (1) to make orders and regulations may not be exercised for the purpose of requiring persons to serve in the Canadian Forces.
40(3)Punishment
The Governor in Council may make regulations providing for the imposition for contravention of any order or regulation made under subsection (1).
40(3)(a)
on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
40(3)(b)
on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
40(4)Restriction
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 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.
41Revocation by Parliament
Parliament may revoke a declaration of a war emergency in accordance with section 58 or 59.
42Revocation by Governor in Council
The Governor in Council may, by proclamation, revoke a declaration of a war emergency effective on such day as is specified in the proclamation.
43Continuation by Governor in Council
43(1)
At any time before a declaration of a war emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 44, may, by proclamation, continue the declaration for such period, not exceeding one hundred and twenty days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist.
43(2)Review of orders and regulations
Before issuing a proclamation continuing a declaration of a war emergency, the Governor in Council shall review all current orders and regulations made under section 40 to determine if the Governor in Council believes, on reasonable grounds, that they continue to be necessary or advisable for dealing with the emergency and shall revoke or amend them to the extent that they do not so continue.
43(3)Multiple continuations
A declaration of a war emergency may be continued more than once pursuant to subsection (1).
43(4)Effective date
A proclamation continuing a declaration of a war 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.