The Emergencies Act – Backgrounder
Illegal Protests 2022
The Emergencies Act (the “Act”) was enacted by the federal government in 1988 as a replacement for the War Measures Act. Its purpose is to authorize the federal government to take special temporary measures to protect the safety of Canadians during a national emergency. It is to be used to fill any gaps in existing federal and provincial/territorial legal authorities that are needed to respond to the emergency.
Requirements for Invoking the Act
Before measures can be taken under the Act, it must be determined that the unlawful protests constitute a national emergency. The Act defines a national emergency as an urgent, temporary and critical situation that seriously endangers the lives, health or safety of Canadians and exceeds the capacity of a province or territory to deal with it, or that seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada. The situation must also not be capable of being adequately addressed under any other law of Canada. Once an emergency has been declared, the Act (s.19(1)) allows the federal Cabinet to make orders or regulations in a range of listed areas, as necessary for dealing with the emergency.
Timelines and Process
Consultations with all the provinces and territories were conducted prior to the declaration being made on Monday, February 14, 2022, and remain ongoing.
The declaration came into effect on the day it was made. However, a motion for confirmation of the declaration must be made before both houses of Parliament within seven days of its making. This motion was tabled on February 16 and its debate is taking place beginning on February 17.
In addition, following a declaration, the Governor in Council may, if deemed necessary, make specific orders and regulations to deal with the emergency, which must be tabled in both houses of Parliament within two days. Regulations were made on February 15 and tabled on February 16.
The Act also requires that a Parliamentary review committee, consisting of a special joint committee of both the House of Commons and the Senate, be established to review the government’s measures under the Act and report back to both Houses. Also, the Act requires the government to hold an inquiry within sixty days after the declaration of emergency expired or was revoked, and to table a report to each House of Parliament within three hundred and sixty days.
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