Emergency Management Act and Emergencies Act

Proposed Response:

• The Emergencies 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:
  • There must be 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. 
• Further, the government of Canada must hold consultations with the affected provinces and territories. Under the Emergency Management Act, I am responsible for establishing arrangements for such consultations.
• The Emergency Management Act, a separate statute, 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 the Federal-Provincial-Territorial Table of Ministers Responsible for Emergency Management, which is in turn supported by Senior Officials Responsible for Emergency Management.
• The Emergency Management Act also allows me to recommend to the Governor in Council certain  measures that may be required as we respond to COVID-19. These measures include:
  • Declaring a provincial emergency to be of concern to the Federal Government;
  • Establishing orders and regulations regarding the use of federal civil resources in response to an emergency; and
  • Providing financial assistance to a province or territory for a provincial or territorial emergency.

Background:

In an interview with Global News journalist Mercedes Stephenson on Sunday, April 18, 2021, the Minister of Public Services and Procurement, Anita Anand, was asked if the federal government would be considering the Emergencies Act.  Minister Anand replied that: “It is a good question. I am a member of the COVID committee and we will be meeting this weekend and I’m sure over the next—early next week, to consider all options”.

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Date modified:

2022-01-19