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 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Marginal note:Rights and freedoms in Canada

1 The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Marginal note:Fundamental freedoms

2 Everyone has the following fundamental freedoms:

• (a) freedom of conscience and religion;
• (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
• (c) freedom of peaceful assembly; and
• (d) freedom of association.

Marginal note:Democratic rights of citizens

3 Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

Marginal note:Maximum duration of legislative bodies

• 4 (1) No House of Commons and no legislative assembly shall continue for longer than five years from the date fixed for the return of the writs of a general election of its members.End note (82)
• Marginal note:Continuation in special circumstances
  (2) In time of real or apprehended war, invasion or insurrection, a House of Commons may be continued by Parliament and a legislative assembly may be continued by the legislature beyond five years if such continuation is not opposed by the votes of more than one-third of the members of the House of Commons or the legislative assembly, as the case may be.End note (83)

Marginal note:Annual sitting of legislative bodies

5 There shall be a sitting of Parliament and of each legislature at least once every twelve months.End note (84)

Marginal note:Mobility of citizens

• 6 (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
• Marginal note:Rights to move and gain livelihood
  (2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right
  
  • (a) to move to and take up residence in any province; and
  • (b) to pursue the gaining of a livelihood in any province.
• Marginal note:Limitation
  (3) The rights specified in subsection (2) are subject to
  
  • (a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
  • (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
• Marginal note:Affirmative action programs
  (4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Marginal note:Life, liberty and security of person

7 Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Marginal note:Search or seizure

8 Everyone has the right to be secure against unreasonable search or seizure.

Marginal note:Detention or imprisonment

9 Everyone has the right not to be arbitrarily detained or imprisoned.

Marginal note:Arrest or detention

10 Everyone has the right on arrest or detention

• (a) to be informed promptly of the reasons therefor;
• (b) to retain and instruct counsel without delay and to be informed of that right; and
• (c) to have the validity of the detention determined by way of habeas corpusand to be released if the detention is not lawful.

Marginal note:Proceedings in criminal and penal matters

11 Any person charged with an offence has the right

• (a) to be informed without unreasonable delay of the specific offence;
• (b) to be tried within a reasonable time;
• (c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
• (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
• (e) not to be denied reasonable bail without just cause;
• (f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
• (g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
• (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
• (i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Marginal note:Treatment or punishment

12 Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Marginal note:Self-crimination

13 A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Marginal note:Interpreter

14 A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Marginal note:Equality before and under law and equal protection and benefit of law

• 15 (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
• Marginal note:Affirmative action programs
  (2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.End note (85)

Marginal note:Official languages of Canada

• 16 (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.
• Marginal note:Official languages of New Brunswick
  (2) English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick.
• Marginal note:Advancement of status and use
  (3) Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

Marginal note:English and French linguistic communities in New Brunswick

• 16.1 (1) The English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges, including the right to distinct educational institutions and such distinct cultural institutions as are necessary for the preservation and promotion of those communities.
• Marginal note:Role of the legislature and government of New Brunswick
  (2) The role of the legislature and government of New Brunswick to preserve and promote the status, rights and privileges referred to in subsection (1) is affirmed.End note (86)

Marginal note:Proceedings of Parliament

• 17 (1) Everyone has the right to use English or French in any debates and other proceedings of Parliament.End note (87)
• Marginal note:Proceedings of New Brunswick legislature
  (2) Everyone has the right to use English or French in any debates and other proceedings of the legislature of New Brunswick.End note (88)

Marginal note:Parliamentary statutes and records

• 18 (1) The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative.End note (89)
• Marginal note:New Brunswick statutes and records
  (2) The statutes, records and journals of the legislature of New Brunswick shall be printed and published in English and French and both language versions are equally authoritative.End note (90)

Marginal note:Proceedings in courts established by Parliament

• 19 (1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament.End note (91)
• Marginal note:Proceedings in New Brunswick courts
  (2) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court of New Brunswick.End note (92)

Marginal note:Communications by public with federal institutions

• 20 (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where
  
  • (a) there is a significant demand for communications with and services from that office in such language; or
  • (b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.
• Marginal note:Communications by public with New Brunswick institutions
  (2) Any member of the public in New Brunswick has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.

Marginal note:Continuation of existing constitutional provisions

21 Nothing in sections 16 to 20 abrogates or derogates from any right, privilege or obligation with respect to the English and French languages, or either of them, that exists or is continued by virtue of any other provision of the Constitution of Canada.End note (93)

Marginal note:Rights and privileges preserved

22 Nothing in sections 16 to 20 abrogates or derogates from any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Charter with respect to any language that is not English or French.

Marginal note:Language of instruction

• 23 (1) Citizens of Canada
  
  • (a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
  • (b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province,
  • have the right to have their children receive primary and secondary school instruction in that language in that province.End note (94)
• Marginal note:Continuity of language instruction
  (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.
• Marginal note:Application where numbers warrant
  (3) The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province
  
  • (a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and
  • (b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

Marginal note:Enforcement of guaranteed rights and freedoms

• 24 (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
• Marginal note:Exclusion of evidence bringing administration of justice into disrepute
  (2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.

Marginal note:Aboriginal rights and freedoms not affected by Charter

25 The guarantee in this Charter of certain rights and freedoms shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada including

• (a) any rights or freedoms that have been recognized by the Royal Proclamation of October 7, 1763; and
• (b) any rights or freedoms that now exist by way of land claims agreements or may be so acquired.End note (95)

Marginal note:Other rights and freedoms not affected by Charter

26 The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

Marginal note:Multicultural heritage

27 This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.

Marginal note:Rights guaranteed equally to both sexes

28 Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.

Marginal note:Rights respecting certain schools preserved

29 Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of Canada in respect of denominational, separate or dissentient schools.End note (96)

Marginal note:Application to territories and territorial authorities

30 A reference in this Charter to a province or to the legislative assembly or legislature of a province shall be deemed to include a reference to the Yukon Territory and the Northwest Territories, or to the appropriate legislative authority thereof, as the case may be.

Marginal note:Legislative powers not extended

31 Nothing in this Charter extends the legislative powers of any body or authority.

Marginal note:Application of Charter

• 32 (1) This Charter applies
  
  • (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and
  • (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province.
• Marginal note:Exception
  (2) Notwithstanding subsection (1), section 15 shall not have effect until three years after this section comes into force.

Marginal note:Exception where express declaration

• 33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter.
• Marginal note:Operation of exception
  (2) An Act or a provision of an Act in respect of which a declaration made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.
• Marginal note:Five year limitation
  (3) A declaration made under subsection (1) shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.
• Marginal note:Re-enactment
  (4) Parliament or the legislature of a province may re-enact a declaration made under subsection (1).
• Marginal note:Five year limitation
  (5) Subsection (3) applies in respect of a re-enactment made under subsection (4).

Marginal note:Citation

34 This Part may be cited as the Canadian Charter of Rights and Freedoms.

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S.C. 1960, c. 44

Assented to 1960-08-10

An Act for the Recognition and Protection of Human Rights and Fundamental Freedoms

The Parliament of Canada, affirming that the Canadian Nation is founded upon principles that acknowledge the supremacy of God, the dignity and worth of the human person and the position of the family in a society of free men and free institutions;

Affirming also that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;

And being desirous of enshrining these principles and the human rights and fundamental freedoms derived from them, in a Bill of Rights which shall reflect the respect of Parliament for its constitutional authority and which shall ensure the protection of these rights and freedoms in Canada:

Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Recognition and declaration of rights and freedoms

1 It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,

• (a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
• (b) the right of the individual to equality before the law and the protection of the law;
• (c) freedom of religion;
• (d) freedom of speech;
• (e) freedom of assembly and association; and
• (f) freedom of the press.

Marginal note:Construction of law

2 Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to

• (a) authorize or effect the arbitrary detention, imprisonment or exile of any person;
• (b) impose or authorize the imposition of cruel and unusual treatment or punishment;
• (c) deprive a person who has been arrested or detained
  
  • (i) of the right to be informed promptly of the reason for his arrest or detention,
  • (ii) of the right to retain and instruct counsel without delay, or
  • (iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;
• (d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self crimination or other constitutional safeguards;
• (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;
• (f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; or
• (g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.

Marginal note:Duties of Minister of Justice

• 3 (1) Subject to subsection (2), the Minister of Justice shall, in accordance with such regulations as may be prescribed by the Governor in Council, examine every regulation transmitted to the Clerk of the Privy Council for registration pursuant to the Statutory Instruments Act and every Bill introduced in or presented to the House of Commons by a Minister of the Crown, in order to ascertain whether any of the provisions thereof are inconsistent with the purposes and provisions of this Part and he shall report any such inconsistency to the House of Commons at the first convenient opportunity.
• Marginal note:Exception
  (2) A regulation need not be examined in accordance with subsection (1) if prior to being made it was examined as a proposed regulation in accordance with section 3 of the Statutory Instruments Actto ensure that it was not inconsistent with the purposes and provisions of this Part.
• 1960, c. 44, s. 3
• 1970-71-72, c. 38, s. 29
• 1985, c. 26, s. 105
• 1992, c. 1, s. 144(F)

Marginal note:Short title

4 The provisions of this Part shall be known as the Canadian Bill of Rights.

Marginal note:Savings

• 5 (1) Nothing in Part I shall be construed to abrogate or abridge any human right or fundamental freedom not enumerated therein that may have existed in Canada at the commencement of this Act.
• Marginal note:"Law of Canada" defined
  (2) The expression "law of Canada" in Part I means an Act of the Parliament of Canada enacted before or after the coming into force of this Act, any order, rule or regulation thereunder, and any law in force in Canada or in any part of Canada at the commencement of this Act that is subject to be repealed, abolished or altered by the Parliament of Canada.
• Marginal note:Jurisdiction of Parliament
  (3) The provisions of Part I shall be construed as extending only to matters coming within the legislative authority of the Parliament of Canada.

R.S.C., 1985, c. 22 (4th Supp.)

An Act to authorize the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof

[1988, c. 29, assented to 21st July, 1988]

WHEREAS the safety and security of the individual, the protection of the values of the body politic and the preservation of the sovereignty, security and territorial integrity of the state are fundamental obligations of government;

AND WHEREAS the fulfilment of those obligations in Canada may be seriously threatened by a national emergency and, in order to ensure safety and security during such an emergency, the Governor in Council should be authorized, subject to the supervision of Parliament, to take special temporary measures that may not be appropriate in normal times;

AND WHEREAS the Governor in Council, in taking such special temporary measures, would be subject to the Canadian Charter of Rights and Freedomsand the Canadian Bill of Rights and must have regard to the International Covenant on Civil and Political Rights, particularly with respect to those fundamental rights that are not to be limited or abridged even in a national emergency;

NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Marginal note:Short title

1 This Act may be cited as the Emergencies Act.

Marginal note:Binding on Her Majesty

• 2 (1) This Act is binding on Her Majesty in right of Canada or a province.
• Marginal note:Federal jurisdiction
  (2) For greater certainty, nothing in this Act derogates from the authority of the Government of Canada to deal with emergencies on any property, territory or area in respect of which the Parliament of Canada has jurisdiction.

Marginal note:National emergency

3 For the purposes of this Act, a national emergency is an urgent and critical situation of a temporary nature that

• (a) seriously endangers the lives, health or safety of Canadians and is of such proportions or nature as to exceed the capacity or authority of a province to deal with it, or
• (b) seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada

and that cannot be effectively dealt with under any other law of Canada.

Marginal note:Construction

4 Nothing in this Act shall be construed or applied so as to confer on the Governor in Council the power to make orders or regulations

• (a) altering the provisions of this Act; or
• (b) providing for the detention, imprisonment or internment of Canadian citizens or permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act on the basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
• R.S., 1985, c. 22 (4th Supp.), s. 4
• 2001, c. 27, s. 248

Marginal note:Definitions

5 In this Part,

declaration of a public welfare emergency means a proclamation issued pursuant to subsection 6(1); (déclaration de sinistre)

public welfare emergency means an emergency that is caused by a real or imminent

• (a) fire, flood, drought, storm, earthquake or other natural phenomenon,
• (b) disease in human beings, animals or plants, or
• (c) 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, so serious as to be a national emergency. (sinistre)

Marginal note:Declaration of a public welfare emergency

• 6 (1) 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 as is required by section 14, may, by proclamation, so declare.
• Marginal note:Contents
  (2) A declaration of a public welfare emergency shall specify
  
  • (a) concisely the state of affairs constituting the emergency;
  • (b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
  • (c) if the direct effects of the emergency do not extend to the whole of Canada, the area of Canada to which the direct effects of the emergency extend.

Marginal note:Effective date

• 7 (1) A declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
• Marginal note:Expiration of declaration
  (2) A declaration of a public welfare emergency expires at the end of ninety days unless the declaration is previously revoked or continued in accordance with this Act.

Marginal note:Orders and regulations

• 8 (1) While a declaration of a public welfare emergency is in effect, the Governor in Council may make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
  
  • (a) the regulation or prohibition of travel to, from or within any specified area, where necessary for the protection of the health or safety of individuals;
  • (b) the evacuation of persons and the removal of personal property from any specified area and the making of arrangements for the adequate care and protection of the persons and property;
  • (c) the requisition, use or disposition of property;
  • (d) the authorization of or direction to any person, or any person of a class of persons, to render essential services of a type that that person, or a person of that class, is competent to provide and the provision of reasonable compensation in respect of services so rendered;
  • (e) the regulation of the distribution and availability of essential goods, services and resources;
  • (f) the authorization and making of emergency payments;
  • (g) the establishment of emergency shelters and hospitals;
  • (h) the assessment of damage to any works or undertakings and the repair, replacement or restoration thereof;
  • (i) the assessment of damage to the environment and the elimination or alleviation of the damage; and
  • (j) the imposition
    
    • (i) on summary conviction, of a fine not exceeding five hundred dollars or imprisonment not exceeding six months or both that fine and imprisonment, or
    • (ii) on indictment, of a fine not exceeding five thousand dollars or imprisonment not exceeding five years or both that fine and imprisonment,
    • for contravention of any order or regulation made under this section.
• Marginal note:Restriction
  (2) Where a declaration of a public welfare emergency specifies that the direct effects of the emergency extend only to a specified area of Canada, the power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, may be exercised or performed only with respect to that area.
• Marginal note:Idem
  (3) The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation,
  
  • (a) shall be exercised or performed
    
    • (i) in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province, and
    • (ii) with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed; and
  • (b) shall not be exercised or performed for the purpose of terminating a strike or lock-out or imposing a settlement in a labour dispute.

Marginal note:Control or direction of police force

• 9 (1) Nothing in a declaration of a public welfare emergency or in any order or regulation made pursuant thereto shall be construed or applied so as to derogate from, or to authorize the derogation from, the control or direction of the government of a province or a municipality over any police force over which it normally has control or direction.
• Marginal note:R.C.M.P.
  (2) Where the Royal Canadian Mounted Police is used or employed in a province or municipality pursuant to an arrangement under section 20 of the Royal Canadian Mounted Police Act, subsection (1) applies in respect of the Royal Canadian Mounted Police, subject to the terms and conditions of the arrangement.

Marginal note:Revocation by Parliament

10 Parliament may revoke a declaration of a public welfare emergency in accordance with section 58 or 59.

Marginal note:Revocation by Governor in Council

11 The Governor in Council may, by proclamation, revoke a declaration of a public welfare emergency either generally or with respect to any area of Canada effective on such day as is specified in the proclamation.

Marginal note:Continuation by Governor in Council

• 12 (1) At any time before a declaration of a public welfare emergency would otherwise expire, the Governor in Council, after such consultation as is required by section 14, may, by proclamation, continue the declaration either generally or with respect to any area of Canada for such period, not exceeding ninety days, as is specified in the proclamation if the Governor in Council believes, on reasonable grounds, that the emergency will continue to exist or that the direct effects of the emergency will continue to extend to that area, as the case may be.
• Marginal note:Review of orders and regulations
  (2) Before issuing a proclamation continuing a declaration of a public welfare emergency, the Governor in Council shall review all current orders and regulations made under section 8 to determine if the Governor in Council believes, on reasonable grounds, that they continue to be necessary for dealing with the emergency and shall revoke or amend them to the extent that they do not so continue.
• Marginal note:Multiple continuations
  (3) A declaration of a public welfare emergency may be continued more than once pursuant to subsection (1).
• Marginal note:Effective date
  (4) A proclamation continuing a declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.

Marginal note:Amendment by Governor in Council

• 13 (1) Where the Governor in Council
  
  • (a) has issued a declaration of a public welfare emergency specifying that the direct effects of the emergency extend only to a specified area of Canada, and
  • (b) believes, on reasonable grounds, that the direct effects of the emergency have extended to any other area of Canada or to the rest of Canada,
  • the Governor in Council, after such consultation as is required by section 14, may, by proclamation, amend the declaration to specify that other area as an area of Canada to which the direct effects of the emergency extend or to remove the existing specification, as the case may be.
• Marginal note:Effective date
  (2) A proclamation amending a declaration of a public welfare emergency is effective on the day on which it is issued, but a motion for confirmation of the proclamation shall be laid before each House of Parliament and be considered in accordance with section 60.

Marginal note:Consultation

• 14 (1) Subject to subsection (2), before the Governor in Council issues, continues or amends a declaration of a public welfare emergency, the lieutenant governor in council of each province in which the direct effects of the emergency occur shall be consulted with respect to the proposed action.
• Marginal note:Indication
  (2) The Governor in Council may not issue a declaration of a public welfare emergency where the direct effects of the emergency are confined to, or occur principally in, one province unless the lieutenant governor in council of the province has indicated to the Governor in Council that the emergency exceeds the capacity or authority of the province to deal with it.

Marginal note:Effect of expiration of declaration

• 15 (1) Where, pursuant to this Act, a declaration of a public welfare emergency expires either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, expire on the day on which the declaration expires.
• Marginal note:Effect of revocation of declaration
  (2) Where, pursuant to this Act, a declaration of a public welfare emergency is revoked either generally or with respect to any area of Canada, all orders and regulations made pursuant to the declaration or all orders and regulations so made, to the extent that they apply with respect to that area, as the case may be, are revoked effective on the revocation of the declaration.
• Marginal note:Effect of revocation of continuation
  (3) Where, pursuant to this Act, a proclamation continuing a declaration of a public welfare emergency either generally or with respect to any area of Canada is revoked after the time the declaration would, but for the proclamation, have otherwise expired either generally or with respect to that area,
  
  • (a) the declaration and all orders and regulations made pursuant to the declaration, or
  • (b) the declaration and all orders and regulations made pursuant to the declaration to the extent that the declaration, orders and regulations apply with respect to that area,
  • as the case may be, are revoked effective on the revocation of the proclamation.
• Marginal note:Effect of revocation of amendment
  (4) Where, pursuant to this Act, a proclamation amending a declaration of a public welfare emergency is revoked, all orders and regulations made pursuant to the amendment and all orders and regulations to the extent that they apply pursuant to the amendment are revoked effective on the revocation of the proclamation.

Marginal note:Definitions

16 In this Part,

declaration of a public order emergency means a proclamation issued pursuant to subsection 17(1); (déclaration d’état d’urgence)

public order emergency means an emergency that arises from threats to the security of Canada and that is so serious as to be a national emergency; (état d’urgence)

threats to the security of Canada has the meaning assigned by section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)

Marginal note:Declaration of a public order emergency

• 17 (1) 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 as is required by section 25, may, by proclamation, so declare.
• Marginal note:Contents
  (2) A declaration of a public order emergency shall specify
  
  • (a) concisely the state of affairs constituting the emergency;
  • (b) the special temporary measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
  • (c) if the effects of the emergency do not extend to the whole of Canada, the area of Canada to which the effects of the emergency extend.

Marginal note:Effective date

• 18 (1) A declaration of a public order emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration shall be laid before each House of Parliament and be considered in accordance with section 58.
• Marginal note:Expiration of declaration
  (2) A declaration of a public order emergency expires at the end of thirty days unless the declaration is previously revoked or continued in accordance with this Act.