Emergencies Act - What is it?

Thursday, February 24, 2022 Posted by Rachel Carlson

Many of you have probably been receiving questions from patrons on the Emergencies Act, invoked on February 14, 2022, by the federal government. This post gives a brief overview of what the Act is, what it means, and links to some helpful resources you can refer to in your reference work.  

Note that on February 23, 2022, emergency measures – and the Act - were revoked. The government will have 60 days to convene an inquiry on its use of powers. This report must be presented to Parliament within 360 days. 

Background on the Act 

The Emergencies Act is a federal law that can be used by the government in the event of a national emergency. The Act defines a national emergency as an urgent, temporary, and critical situation that seriously endangers the health and safety of Canadians or threatens the federal government’s ability to preserve the sovereignty, security, and integrity of Canada. These can include public welfare, public order, international, or war emergencies. Definitions of each of these types of emergencies can be found in the Act, available online through the Justice Laws website.

On February 14, 2022, the federal government declared a public order emergency (an emergency arising from serious threats to Canadian security) under the Emergencies Act to end the disruptions and occupation in Ottawa. Unless the declaration is revoked or extended (as it was on February 23), it expires after 30 days.  

This declaration gives the government certain temporary powers to deal with the emergency. These include measures such as:  

  • Regulating and prohibiting public assemblies 

  • Regulating the use of specified property 

  • Designating and securing places where blockades are to be prohibited 

The Canadian Charter of Rights and Freedoms lets the government balance the rights of the individual with the interests of society and continues to protect individual rights under the Emergencies Act. During a public order emergency, the government must only take actions that are reasonable and proportional to the risks to safety of Canadians. For those curious what their Charter Rights are in Canada, check out People's Law School's overview. 

Resources

The Emergencies Act comes with conditions and democratic safeguards that determine how it can be used. You can find overviews of these conditions and safeguards in this Emergencies Act in Canada infographic, available on the Government of Canada website. They’ve also made a PDF version available on their website.  

You can also check out this backgrounder released by the federal government which goes in depth on the Act, how it can be invoked, and the safeguards in place

If you want to find this information all in one place, check out Courthouse Libraries BC’s page on the Emergencies Act! It links to the Act, regulations under the Act, background information released by the government, and provides an overview of the parliamentary process of the Emergencies Act. 

Want to learn more about Canadian law and how it’s made? Check out the resources below: