Emergencies Act

The Emergencies Act replaced the War Measures Act in 1988, providing a statutory framework for the federal government to respond to four types of national emergencies: public welfare emergencies (natural disasters, disease), public order emergencies (threats to national security), international emergencies, and war emergencies. The Act establishes graduated levels of response, requires consultation with provincial governments, mandates parliamentary review within seven days of declaration, and provides for compensation for losses suffered as a result of emergency measures. The Act includes the Canadian Charter of Rights and Freedoms as an integral part of its framework, and all emergency measures must be consistent with the Charter. The Act was invoked for the first time in February 2022 in response to protests and blockades (the ‘Freedom Convoy’).

Legal area: Constitutional law establishes the framework of government, the division of powers between federal and provincial levels, and the protection of fundamental rights and freedoms.

Year enacted: 1988

Full text: https://laws-lois.justice.gc.ca/eng/acts/E-4.5/

Key Provisions

• Section 3: Governor in Council may declare a public welfare emergency
• Section 16: Governor in Council may declare a public order emergency
• Section 25: Governor in Council may declare an international emergency
• Section 36: Governor in Council may declare a war emergency
• Section 58: Parliamentary review (7 days for revocation, 60 days for extension)
• Section 48: Compensation (for losses from emergency measures)
• Section 51: Charter prevails over emergency measures
• Section 63: Report to Parliament within 60 days of revocation

Significance

The Emergencies Act was invoked for the first time in its 34-year history on 14 February 2022, in response to the ‘Freedom Convoy’ protests and blockades. The declaration was controversial and generated multiple legal challenges. The Public Order Emergency Commission (the Rouleau Commission) conducted a public inquiry into the government’s decision, finding it met the legal threshold but recommending amendments including clearer criteria and enhanced parliamentary oversight. The Act’s compensation provisions are being tested through the claims process. The Act’s framework represents a significant improvement over the War Measures Act, which was used controversially during the October Crisis (1970) and both World Wars.