GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Electoral Boundaries Readjustment Act — E-3 22
Different numbers of members 22 (1) If the number of members of the House of Commons to be assigned to a province is not the same in the second statement as in the first statement, the commission established for the province under the Act shall perform its duties under the Act subject to subsection (2) or (3). Report not completed (2) If, with respect to a province, a commission has not yet been established on the day on which the second statement is published in the Canada Gazette or if, with respect to a province, a commission has been established on or before that day but it has not yet completed its report, (a) for the purpose of subsection 14(2) of the Act and the rule in paragraph 15(1)(a) of the Act, the number of members of the House of Commons to be assigned to the province, as calculated by the Chief Electoral Officer under subsection 14(1) of the Act, is the number set out in the second statement in respect of the province; and (b) the 10-month period referred to in subsection 20(1) of the Act, as enacted by section 9 , is deemed to begin on the later of the day on which the second statement is published in the Canada Gazette and the day on which the commission is established. Report completed (3) If, with respect to a province, a commission has been established on or before the day on which the second statement is published in the Canada Gazette and it has completed its report on or before that day, that report is no longer valid and the commission shall prepare a new report under the Act. Paragraphs (2)(a) and (b) apply in respect of the preparation of the new report.
Electoral Boundaries Readjustment Act — E-3 23
Interpretation 23 A reference to the Constitution Acts, 1867 to 1982 is deemed to include a reference to sections 2 , 14 , 15 and 17 to 20 .
Emergencies Act — E-4.5 Preamble
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;
Emergencies Act — E-4.5
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;
Emergencies Act — E-4.5
AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights , particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;
Emergencies Act — E-4.5
NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Emergencies Act — E-4.5 1
Short title 1 This Act may be cited as the Emergencies Act .
Emergencies Act — E-4.5 2
Binding on Her Majesty 2 (1) This Act is binding on Her Majesty in right of Canada or a province. 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.
Emergencies Act — E-4.5 3
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.
Emergencies Act — E-4.5 4
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
Emergencies Act — E-4.5 5
Definitions 5 In this Part, declaration of a public welfare emergency means a proclamation issued pursuant to subsection 6(1); ( déclaration de sinistre ) 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 )
Emergencies Act — E-4.5
declaration of a public welfare emergency means a proclamation issued pursuant to subsection 6(1); ( déclaration de sinistre )
Emergencies Act — E-4.5 (a)
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 )
Emergencies Act — E-4.5 6
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. 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.
Emergencies Act — E-4.5 7
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. 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.
Emergencies Act — E-4.5 8
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. 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. 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.
Emergencies Act — E-4.5 9
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. 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.
Emergencies Act — E-4.5 10
Revocation by Parliament 10 Parliament may revoke a declaration of a public welfare emergency in accordance with section 58 or 59.
Emergencies Act — E-4.5 11
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.
Emergencies Act — E-4.5 12
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. 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. Multiple continuations (3) A declaration of a public welfare emergency may be continued more than once pursuant to subsection (1). 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.
Emergencies Act — E-4.5 13
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. 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.
Emergencies Act — E-4.5 14
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. 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.
Emergencies Act — E-4.5 15
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. 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. 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. 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.
Emergencies Act — E-4.5 16
Definitions 16 In this Part, declaration of a public order emergency means a proclamation issued pursuant to subsection 17(1); ( déclaration d’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; ( état d’urgence ) 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 )
Emergencies Act — E-4.5
declaration of a public order emergency means a proclamation issued pursuant to subsection 17(1); ( déclaration d’état d’urgence )
Emergencies Act — E-4.5
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 )
Emergencies Act — E-4.5
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 )
Emergencies Act — E-4.5 17
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. 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.
Emergencies Act — E-4.5 18
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. 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.
Emergencies Act — E-4.5 19
Orders 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: (a) the regulation or prohibition of (i) any public assembly that may reasonably be expected to lead to a breach of the peace, (ii) travel to, from or within any specified area, or (iii) the use of specified property; (b) the designation and securing of protected places; (c) the assumption of the control, and the restoration and maintenance, of public utilities and services; (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 (e) 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. Restriction (2) 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. 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, shall be exercised or performed (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 (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.
Emergencies Act — E-4.5 20
Control 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. 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.
Emergencies Act — E-4.5 21
Revocation by Parliament 21 Parliament may revoke a declaration of a public order emergency in accordance with section 58 or 59.
Emergencies Act — E-4.5 22
Revocation by Governor in Council 22 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.
Emergencies Act — E-4.5 23
Continuation 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. Review of orders and regulations (2) 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. Multiple continuations (3) A declaration of a public order emergency may be continued more than once pursuant to subsection (1). Effective date (4) 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.
Emergencies Act — E-4.5 24
Amendment by Governor in Council 24 (1) Where the Governor in Council (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 (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, 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. Effective date (2) 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.