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

Act current to 2013-04-29 and last amended on 2003-07-02. Previous Versions

Marginal note:Sittings and hearings
  •  (1) The Assessor may sit and hear appeals at any place or places, and shall arrange for such sittings and hearings as may be required.

  • Marginal note:Expenses

    (2) The Assessor is entitled to be paid such travel allowances as are paid for attendances as a judge of the Federal Court under the Judges Act.

Marginal note:Procedure

 The Assessor may, with the approval of the Governor in Council, make such rules respecting the conduct of appeals and the procedure for the bringing of appeals as the Assessor deems necessary to enable the discharge of the Assessor’s duties under this Act.

Marginal note:Registrar

 The Governor in Council may appoint a registrar of appeals and such other persons as the Governor in Council considers necessary to carry out the purposes of this Part.

Payment

Marginal note:Payment out of C.R.F.

 Compensation and costs awarded against the Crown under this Part shall be paid out of the Consolidated Revenue Fund.

PART VI

PARLIAMENTARY SUPERVISION

Interpretation

Marginal note:Definitions

 In this Part,

“declaration of emergency”

« déclaration de situation de crise »

“declaration of emergency” means a proclamation issued pursuant to subsection 6(1), 17(1), 28(1) or 38(1);

“Parliamentary Review Committee”

« comité d’examen parlementaire »

“Parliamentary Review Committee” means the committee referred to in subsection 62(1);

“sitting day”

« jour de séance »

“sitting day”, in respect of a House of Parliament, means a day on which that House is sitting.

Consideration of Declaration of Emergency

Marginal note:Tabling in Parliament when sitting
  •  (1) Subject to subsection (4), a motion for confirmation of a declaration of emergency, signed by a minister of the Crown, together with an explanation of the reasons for issuing the declaration and a report on any consultation with the lieutenant governors in council of the provinces with respect to the declaration, shall be laid before each House of Parliament within seven sitting days after the declaration is issued.

  • Marginal note:Summoning Parliament or House

    (2) If a declaration of emergency is issued during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the declaration is issued.

  • Marginal note:Summoning Parliament

    (3) If a declaration of emergency is issued at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the declaration is issued.

  • Marginal note:Tabling in Parliament after summoned

    (4) Where Parliament or a House of Parliament is summoned to sit in accordance with subsection (2) or (3), the motion, explanation and report described in subsection (1) shall be laid before each House of Parliament or that House of Parliament, as the case may be, on the first sitting day after Parliament or that House is summoned.

  • Marginal note:Consideration

    (5) Where a motion is laid before a House of Parliament as provided in subsection (1) or (4), that House shall, on the sitting day next following the sitting day on which the motion was so laid, take up and consider the motion.

  • Marginal note:Vote

    (6) A motion taken up and considered in accordance with subsection (5) shall be debated without interruption and, at such time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • Marginal note:Revocation of declaration

    (7) 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.