Emergency Management Act and Emergencies Act

Date: April 20, 2020

Classification: Unclassified

Branch/Agency: Legal Services

Proposed Response:

• The Emergency Act is a measure of last resort having regard to other federal, provincial or territorial’s authorities.
• Before measures can be taken under the Emergencies Act, three conditions must be met:
  • We must be in the presence of an urgent and critical situation, temporary in nature, that endangers the lives, health or safety of Canadians;
  • The capacity or authority of provinces to deal with the situation must be deemed insufficient or lacking; and
  • We must conclude that the situation cannot be dealt with effectively under the authorities of other Canadian laws. 
• The government of Canada would first have to hold consultations with the affected provinces and territories. Under the Emergency Management Act, I am responsible for establishing arrangements for such consultations.
• The Prime Minister initiated consultation with provincial and territorial Premiers. They expressed the view that it is neither necessary nor advisable to invoke the Act at this time.
• The Emergency Management Act, another act, also sets out my responsibilities for exercising emergency management leadership in Canada. This includes coordinating emergency management activities among government institutions, in cooperation with other entities.
• I exercise this leadership in close cooperation with my provincial and territorial counterparts through FPT Table of Ministers Responsible for Emergency Management.  This FPT Table is supported by FPT officials through Senior Officials Responsible for Emergency Management.
• Both groups have been engaged regularly on the response to COVID-19, with a view to ensuring an integrated approach.
• The Emergency Management Act also allows me to recommend to the Governor in Council some measures that may be required as we respond to the COVID-19. This includes:
  • Declaring a provincial emergency to be of concern to the Federal Government;
  • Establishing orders and regulations regarding the use of federal civil resource in response to an emergency; and
  • Providing financial assistance to a province or territory for a provincial or territorial emergency.

[Redacted]

Contacts:

Prepared by: Jacques Talbot, Counsel, 613-949-1823

Approved by: Paul Shuttle, Executive Director, 613-991-9375

Date modified:

2020-10-01