Emergencies Act - Federal

Act & Backgrounders:

Emergencies Act, RSC 1985, c.22 (4th Supp.)

Backgrounder on the Act, its powers and how to invoke it: Canada’s Emergencies Act - Canada.ca

Backgrounder on declaring the emergency on Feb 14, 2022: Federal Government declares a public order emergency under the Emergencies Act to end disruptions, blockades and the occupation of the city of Ottawa - Canada.ca

Regulations: 

PC 2022-106: Orders In Council - Search (canada.ca) (also SOR 2022/20)

PC 2022-107: Orders In Council - Search (canada.ca), (also SOR 2022/21)

PC 2022-108: Orders In Council - Search (canada.ca), (also SOR 2022/22)

You can find them all in the Canada Gazette here: Canada Gazette, Part II

Process:

Once a declaration of a public order emergency is issued, as it was on Monday (February 14, 2022), it is considered in effect, and unless the declaration is revoked or extended, it will expire after 30 days.

As part of the parliamentary oversight requirements in invoking these powers, the government must table a motion in both the House and Senate within seven sitting days outlining why federal officials feel the powers are required and detailing what specific measures will be taken, to allow the two parliamentary bodies to confirm it.

Once the motion is tabled, debate will begin on the next siting day and will continue, according to the Act, “without interruption” until the vote is ready to be called -- essentially when the list of speakers has been exhausted or if the government imposes closure on the debate.

If the motion is adopted, the emergency powers will remain in effect. 

The Act says “If a motion for confirmation of a declaration of emergency is negatived by either House of Parliament, the declaration, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote and no further action under this section need be taken in the other House with respect to the motion.”

Within 60 days of the declaration of emergency being revoked or expiring, the government will have to convene an inquiry to study the use of the powers. The report stemming from this work will have to then be presented to Parliament within 360 days.

Vote:

On February 21st, 2022 use of the Emergencies Act was confirmed in a vote by Parliament. The vote passed 185-151 and a breakdown can be found on Parliament's website.