GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Emergencies Act — E-4.5 25
Consultation 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. Idem (2) 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. Indication (3) 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.
Emergencies Act — E-4.5 26
Effect 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. Effect of revocation of declaration (2) 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. Effect of revocation of continuation (3) 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, (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 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.
Emergencies Act — E-4.5 27
Definitions 27 In this Part, declaration of an international emergency means a proclamation issued pursuant to subsection 28(1); ( déclaration d’état de crise internationale ) 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 )
Emergencies Act — E-4.5
declaration of an international emergency means a proclamation issued pursuant to subsection 28(1); ( déclaration d’état de crise internationale )
Emergencies Act — E-4.5
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 )
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Declaration 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. Contents (2) A declaration of an international emergency shall specify (a) concisely the state of affairs constituting the emergency; and (b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency.
Emergencies Act — E-4.5 29
Effective 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. Expiration of declaration (2) 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.
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 which the power, duty or function is exercised or performed; and (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. R.S., 1985, c. 22 (4th Supp.), s. 30; 1992, c. 49, s. 125; 2001, c. 27, s. 249 2023, c. 19, s. 15
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Control 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. 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.
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Revocation by Parliament 32 Parliament may revoke a declaration of an international emergency in accordance with section 58 or 59.
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Revocation by Governor in Council 33 The Governor in Council may, by proclamation, revoke a declaration of an international emergency effective on such day as is specified in the proclamation.
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Continuation 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. Review of orders and regulations (2) 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. Multiple continuations (3) A declaration of an international emergency may be continued more than once pursuant to subsection (1). Effective date (4) 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.
Emergencies Act — E-4.5 35
Consultation 35 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.
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Effect 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. Effect of revocation of declaration (2) 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. Effect of revocation of continuation (3) 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.
Emergencies Act — E-4.5 37
Definitions 37 In this Part, declaration of a war emergency means a proclamation issued pursuant to subsection 38(1); ( déclaration d’état de guerre ) 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 )
Emergencies Act — E-4.5
declaration of a war emergency means a proclamation issued pursuant to subsection 38(1); ( déclaration d’état de guerre )
Emergencies Act — E-4.5
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 )
Emergencies Act — E-4.5 38
Declaration 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. Contents (2) 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.
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Effective 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. Expiration of declaration (2) 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.
Emergencies Act — E-4.5 40
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. 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. 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). 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.
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Revocation by Parliament 41 Parliament may revoke a declaration of a war emergency in accordance with section 58 or 59.
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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.
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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. 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. Multiple continuations (3) A declaration of a war emergency may be continued more than once pursuant to subsection (1). 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.
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Consultation 44 Before the Governor in Council issues or continues a declaration of a war 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.
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Effect of expiration of declaration 45 (1) Where, pursuant to this Act, a declaration of a war emergency expires, all orders and regulations made pursuant to the declaration expire on the day on which the declaration expires. Effect of revocation of declaration (2) Where, pursuant to this Act, a declaration of a war emergency is revoked, all orders and regulations made pursuant to the declaration 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 war 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.
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Definitions 46 In this Part, compensation means compensation under subsection 48(1); ( indemnisation ) Crown means Her Majesty in right of Canada; ( État ) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Part. ( ministre )
Emergencies Act — E-4.5
compensation means compensation under subsection 48(1); ( indemnisation )
Emergencies Act — E-4.5
Crown means Her Majesty in right of Canada; ( État )
Emergencies Act — E-4.5
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Part. ( ministre )
Emergencies Act — E-4.5 47
Protection from personal liability 47 (1) No action or other proceeding for damages lies or shall be instituted against a Minister, servant or agent of the Crown, including any person providing services pursuant to an order or regulation made under subsection 8(1), 19(1), 30(1) or 40(1), for or in respect of any thing done or omitted to be done, or purported to be done or omitted to be done, in good faith under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder. Crown not relieved of liability (2) Subsection (1) does not relieve the Crown of liability for the acts or omissions described therein and the Crown is liable under the Crown Liability Act or any other law as if that subsection had not been enacted.
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Compensation 48 (1) Subject to subsection (2) and the regulations made under section 49, the Minister shall award reasonable compensation to any person who suffers loss, injury or damage as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder. Release (2) No compensation shall be paid to a person unless that person, in consideration of the compensation, signs, in a form provided by the Minister, a release of any right of action that the person may have against the Crown as a result of any thing done, or purported to be done, under any of Parts I to IV or any proclamation, order or regulation issued or made thereunder. Subrogation (3) The Crown is subrogated to all rights of any person to whom compensation is paid to recover damages in respect of the loss, injury or damage for which the compensation is paid and may maintain an action in the name of that person or in the name of the Crown against any person against whom the action lies. Application of recovered sums (4) Any sum recovered by the Crown pursuant to an action under subsection (3) shall be applied (a) first, to payment of the costs actually incurred in the action and in levying execution, and (b) second, to reimbursement of the Crown for the compensation paid to the person whose rights were subrogated, and the balance, if any, shall be paid to that person. Settlement (5) No settlement or release bars the rights of the Crown under subsection (3) unless the Minister has concurred therein.
Emergencies Act — E-4.5 49
Regulations 49 The Governor in Council may make regulations (a) prescribing the form and manner of making applications for compensation, the information and evidence to be submitted in connection therewith and the procedure to be followed in the consideration of applications for compensation; (b) prescribing the period within which applications for compensation must be made; (c) prescribing the criteria to be used in determining the eligibility of any person for compensation; (d) prescribing the methods and criteria to be used in assessing any loss, injury or damage for which compensation shall be paid; (e) prescribing the maximum amount of compensation that may be paid to any person either generally or with respect to any particular loss, injury or damage; (f) prescribing the terms and conditions for the payment of compensation; (g) providing for the payment of compensation in a lump sum or in periodic payments; (h) providing for pro rata payments of compensation; (i) establishing priorities among persons applying for compensation on the basis of classes of persons or classes of loss, injury or damage or otherwise; (j) respecting the giving of notices to persons affected by applications for compensation; and (k) generally, for carrying into effect the purposes and provisions of this Part.
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Assessor and Deputy Assessors 50 (1) The Governor in Council shall, from among the judges of the Federal Court, appoint an Assessor and such number of Deputy Assessors as the Governor in Council considers necessary to hear and determine appeals under this Part and, subject to this Part, may prescribe their jurisdiction. Acting assessor (2) The Governor in Council shall, from among the judges of the Federal Court, appoint an acting assessor to act in the place of the Assessor in the event of the Assessor’s absence or incapacity. Deputy Assessor (3) The Assessor may designate a Deputy Assessor to hear and determine any appeal under this Part and, where the Assessor does so, the references in sections 52 and 53 to the “Assessor” shall be construed as including references to the “Deputy Assessor”.
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Appeal 51 (1) Any person who has applied for compensation and is not satisfied with the decision of the Minister thereon may appeal the decision to the Assessor. Limitation period (2) No appeal may be made under this section more than three months after the day on which the person applying for compensation receives notice of the Minister’s decision thereon or such longer period as the Assessor may, either before or after the expiration of that period of three months, allow for special reasons.
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Powers of Assessor 52 (1) On the hearing of an appeal under this Part, the Assessor may (a) confirm the decision of the Minister; (b) notwithstanding the maximum amount, if any, of compensation that may be paid to the person appealing, vary the decision of the Minister; or (c) refer the matter back to the Minister for such further action as the Assessor may direct, including the calculation of compensation without regard to the maximum amount, if any, that may otherwise be paid. Costs (2) In any appeal under this Part, costs may be awarded to or against the Crown. Decision final (3) The decision of the Assessor on any appeal under this Part is final and conclusive and, except for judicial review under the Federal Courts Act , is not subject to appeal to or review by any court. Payment (4) Where the Assessor varies a decision of the Minister by awarding compensation or increasing the amount of compensation awarded by the Minister or, on a matter referred back for further action, the Minister increases the amount of compensation previously awarded, the Minister shall pay that compensation or increased compensation, as the case may be. R.S., 1985, c. 22 (4th Supp.), s. 52; 1993, c. 34, s. 61; 2002, c. 8, s. 182
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Sittings and hearings 53 (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required. Expenses (2) The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act .
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Procedure 54 The Assessor may, with the approval of the Governor in Council, make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Assessor deems necessary to enable the discharge of the Assessor’s duties under this Act.
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Registrar 55 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.
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Payment out of C.R.F. 56 Compensation and costs awarded against the Crown under this Part shall be paid out of the Consolidated Revenue Fund.
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Definitions 57 In this Part, declaration of emergency means a proclamation issued pursuant to subsection 6(1), 17(1), 28(1) or 38(1); ( déclaration de situation de crise ) Parliamentary Review Committee means the committee referred to in subsection 62(1); ( comité d’examen parlementaire ) sitting day , in respect of a House of Parliament, means a day on which that House is sitting. ( jour de séance )
Emergencies Act — E-4.5
declaration of emergency means a proclamation issued pursuant to subsection 6(1), 17(1), 28(1) or 38(1); ( déclaration de situation de crise )
Emergencies Act — E-4.5
Parliamentary Review Committee means the committee referred to in subsection 62(1); ( comité d’examen parlementaire )
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sitting day , in respect of a House of Parliament, means a day on which that House is sitting. ( jour de séance )