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

Marginal note:Orders 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.

• Marginal note:No conscription by regulation

  (2) 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.

• Marginal note:Punishment

  (3) The Governor in Council may make regulations providing for the imposition

  • (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

  • (b) 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 subsection (1).

• Marginal note:Restriction

  (4) 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.

Marginal note:Revocation by Parliament

41. Parliament may revoke a declaration of a war emergency in accordance with section 58 or 59.

Marginal note:Revocation by Governor in Council

42. The Governor in Council may, by proclamation, revoke a declaration of a war emergency effective on such day as is specified in the proclamation.

Marginal note:Continuation 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.

• Marginal note:Review of orders and regulations

  (2) 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.

• Marginal note:Multiple continuations

  (3) A declaration of a war emergency may be continued more than once pursuant to subsection (1).

• Marginal note:Effective date

  (4) 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.