The Emergencies Act is an act of the Parliament of Canada to authorize the taking of special temporary measures to ensure safety and security during national emergencies. It is considered to provide the stiffest government emergency powers of any emergency law in Canada.
It received royal assent on July 21, 1988, replacing the War Measures Act.
Parliament adopted the War Measures Act in August 1914, shortly after the beginning of World War I. This legislation, based in part on the British Defence of the Realm Act, was adopted to protect national security and to prepare for the conditions of war. The Act is no longer in force.
War Measures Act was invoked in October 1970 to deal with the domestic FLQ-inspired crisis. It was replaced on 1 December 1970 by the Public Order (Temporary Measures) Act, containing many of the same measures adopted earlier under the War Measures Act, which expired on 30 April 1971.
In May 1981, the Governor in Council adopted an 'Emergency Planning Order' which assigned responsibilities for planning to meet the exigencies of different types of emergencies to various Ministers and departments and agencies of government.
The Emergencies Act gives limited and specific powers for the federal government to deal with security emergencies. Under the Emergencies Act, Cabinet orders and regulations must be reviewed by Parliament, meaning the Cabinet cannot act on its own, unlike under the War Measures Act. The Emergencies Act outlines how people affected by government actions during emergencies are to be compensated. It also notes that government actions are subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.
The 'Emergencies Act' and its companion legislative measure, Bill C-76, the Emergency Preparedness Act, were intended to create a new legal framework to deal with emergencies.
The War Measures Act, criticized for the virtually unlimited powers it conferred on the government, was repealed by Bill C-77, as it would no longer be needed.
Declaration of a Public Welfare Emergency:
The Act defines a “public welfare emergency” as one “that is caused by a real or imminent
fire, flood, drought, storm, earthquake or other natural phenomena
disease in human beings, animals or plants, 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
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 holds the power and as required by section 14, may declare Public Welfare Emergency.
Declaration of a Public Order Emergency:
The Act defines a “public order emergency” as one that “arises from threats to the security of Canada and that is so serious as to be a national emergency.”
The Act also stipulates that “threats to the security of Canada” are to be defined in accordance with section 2 of the Canadian Security Intelligence Service Act
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 holds the power and as is required by section 25, may declare Public Order Emergency.
Furthermore, under the Emergencies Act, no action in damages would lie against the Minister or any servant or agent of the Crown, including any person providing services as required by regulation, for any act during the existence of an emergency.
(with sources inputs)
