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

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.

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.