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

Act current to 2013-05-20 and last amended on 2003-07-02. Previous Versions

Consultation

Marginal note:Consultation
  •  (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
  •  (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

 In this Part,

“declaration of a public order emergency”

« déclaration d’état d’urgence »

“declaration of a public order emergency” means a proclamation issued pursuant to subsection 17(1);

“public order emergency”

« état d’urgence »

“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;

“threats to the security of Canada”

« menaces envers la sécurité du Canada »

“threats to the security of Canada” has the meaning assigned by section 2 of the Canadian Security Intelligence Service Act.