Category Archives: Emergencies Act

The Alberta Emergency Statutes Amendment Act, 2024 Surges Executive Powers under the Water Act

By: Brenda Heelan Powell, Arlene Kwasniak, Braum Barber, and Ruiping Luo

Statute Commented On: The Alberta Emergency Statutes Amendment Act, 2024, SA 2024, c 9

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Emergency Legislation and the Rule of Law

Since the 1215 Magna Carta, democratic society has been based on the tenet that the Executive in power is not above the rule of law. The United Nations has described the core values underlying the rule of law as follows:

… the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. (United Nations and the Rule of Law).

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COVID-19 and the Emergencies Act (Canada) Redux

By: Shaun Fluker

PDF Version: COVID-19 and the Emergencies Act (Canada) Redux

Legislation Commented On: Emergencies Act, RSC 1985, c 22 (4th Supp); Order in Council, PC Number: 2022-0106 (February 14, 2022), SOR/2022-20; Emergency Measures Regulation, SOR/2022-21; Emergency Economic Measures Order, SOR/2022-22

On February 14, the federal Minister of Justice and Attorney General announced the declaration of a public order emergency under the Emergencies Act, RSC 1985, c 22 (4th Supp). The emergency was formally declared by proclamation made by the Governor in Council under section 17 of the Act with Order in Council, PC Number: 2022-0106 (February 14, 2022), SOR/2022-20. This proclamation provides for the exercise of extraordinary powers to take measures to end the blockades and occupations across Canada; actions that were initiated as a protest against restrictions on individual and economic liberties imposed by COVID-19 public health measures, but which quickly morphed into #freedomconvoy, weaponized extremism, threats of insurrection, and significant economic losses. The emergency powers have initially been set out in the Emergency Measures Regulation, SOR/2022-21 and the Emergency Economic Measures Order, SOR/2022-22. As is required by the Act, the declaration and these powers will be the subject of a debate in Parliament this week. Continue reading →

COVID-19 and the Suspension of Routine Environmental Reporting in Alberta

By: Shaun Fluker

PDF Version: COVID-19 and the Suspension of Routine Environmental Reporting in Alberta

Orders Commented On: Ministerial Orders 15/2020, 16/2020, 17/2020 (Environment and Parks)

Section 52.1 of the Public Health Act, RSA 2000, c P-37 provides a minister with power to suspend or modify the application of legislation which they are responsible for under the Government Organization Act, RSA 2000, c G-10. This post looks at 3 ministerial orders made by the Minister of Environment and Parks this week under section 52.1 which suspend certain reporting requirements under the Environmental Protection and Enhancement Act, RSA 2000 c E-12, the Water Act, RSA 2000 c W-3, the Public Lands Act, RSA 2000, c P-40, the Technology Innovation and Emissions Reduction Regulation, Alta Reg 133/2019, and the Renewable Fuels Standard Regulation, Alta Reg 29/2010, on the basis that these reporting obligations are not in the public interest during the COVID-19 public health emergency. These orders, together with other public health orders issued by Alberta during this crisis, are published here.

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COVID-19 and the Emergencies Act (Canada)

By: Shaun Fluker

PDF Version: COVID-19 and the Emergencies Act (Canada)

Legislation Commented On: Emergencies Act, RSC 1985, c 22 (4th Supp)

As we move deeper into the COVID-19 pandemic in Canada, provincial, territorial and municipal governments are now using legal rules to impose self-isolation and social distancing measures for the common good of preventing community transmission of the virus. The narrative in daily updates from government leaders and public health officials has shifted away from encouraging voluntary practices and more towards invoking command and control, as evidence mounts that voluntary suggestions are not being followed. Command and control is, however, largely going to be a general deterrence measure because actual enforcement in individual cases will be very difficult and resource intensive (hence why some jurisdictions, such as the State of Oregon, are encouraging citizens to help with enforcement by reporting violators of public health orders). All of this underscores the fact that we are truly in the midst of a socio-economic crisis, and has led to suggestions (e.g. see here and here) that federal cabinet issue a proclamation of national emergency under the Emergencies Act, RSC 1985, c 22 (4th Supp) and exercise the powers granted thereunder. Continue reading →