Canada Gazette Part II
OTTAWA, Tuesday, February 15, 2022
On this page …
- Proclamation Declaring a Public Order Emergency: SOR/2022-20
- Emergency Measures Regulations: SOR/2022-21
- Emergency Economic Measures Order: SOR/2022-22
Proclamation Declaring a Public Order Emergency: SOR/2022-20
Canada Gazette, Part II, Volume 156, Extra Number 1
Registration
SOR/2022-20 February 15, 2022
EMERGENCIES ACT
Proclamation Declaring a Public Order Emergency
Mary May Simon
[L.S.]
Canada
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
François Daigle
Deputy Attorney General of Canada
Great Seal of Canada
TO ALL WHOM these presents shall come or whom the same may in any way concern,
GREETING:
A Proclamation
Whereas 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;
Whereas the Governor in Council has, before declaring a public order emergency and in accordance with subsection 25(1) of the Emergencies Act, consulted the Lieutenant Governor in Council of each province, the Commissioners of Yukon and the Northwest Territories, acting with consent of their respective Executive Councils, and the Commissioner of Nunavut;
Now Know You that We, by and with the advice of Our Privy Council for Canada, pursuant to subsection 17(1) of the Emergencies Act, do by this Our Proclamation declare that a public order emergency exists throughout Canada and necessitates the taking of special temporary measures for dealing with the emergency;
And We do specify the emergency as constituted of
- (a) the continuing blockades by both persons and motor vehicles that is occurring at various locations throughout Canada and the continuing threats to oppose measures to remove the blockades, including by force, which blockades are being carried on in conjunction with activities that are directed toward or in support of the threat or use of acts of serious violence against persons or property, including critical infrastructure, for the purpose of achieving a political or ideological objective within Canada,
- (b) the adverse effects on the Canadian economy — recovering from the impact of the pandemic known as the coronavirus disease 2019 (COVID-19) — and threats to its economic security resulting from the impacts of blockades of critical infrastructure, including trade corridors and international border crossings,
- (c) the adverse effects resulting from the impacts of the blockades on Canada’s relationship with its trading partners, including the United States, that are detrimental to the interests of Canada,
- (d) the breakdown in the distribution chain and availability of essential goods, services and resources caused by the existing blockades and the risk that this breakdown will continue as blockades continue and increase in number, and
- (e) the potential for an increase in the level of unrest and violence that would further threaten the safety and security of Canadians;
And We do further specify that the special temporary measures that may be necessary for dealing with the emergency, as anticipated by the Governor in Council, are
- (a) measures to regulate or prohibit any public assembly — other than lawful advocacy, protest or dissent — that may reasonably be expected to lead to a breach of the peace, or the travel to, from or within any specified area, to regulate or prohibit the use of specified property, including goods to be used with respect to a blockade, and to designate and secure protected places, including critical infrastructure,
- (b) measures to authorize or direct any person to render essential services of a type that the person is competent to provide, including services related to removal, towing and storage of any vehicle, equipment, structure or other object that is part of a blockade anywhere in Canada, to relieve the impacts of the blockades on Canada’s public and economic safety, including measures to identify those essential services and the persons competent to render them and the provision of reasonable compensation in respect of services so rendered,
- (c) measures to authorize or direct any person to render essential services to relieve the impacts of the blockade, including to regulate or prohibit the use of property to fund or support the blockade, to require any crowdfunding platform and payment processor to report certain transactions to the Financial Transactions and Reports Analysis Centre of Canada and to require any financial service provider to determine whether they have in their possession or control property that belongs to a person who participates in the blockade,
- (d) measures to authorize the Royal Canadian Mounted Police to enforce municipal and provincial laws by means of incorporation by reference,
- (e) the imposition of fines or imprisonment for contravention of any order or regulation made under section 19 of the Emergencies Act; and
- (f) other temporary measures authorized under section 19 of the Emergencies Act that are not yet known.
In testimony whereof, We have caused this Our Proclamation to be published and the Great Seal of Canada to be affixed to it.
WITNESS:
Our Right Trusty and Well-beloved Mary May Simon, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
At Our Government House, in Our City of Ottawa, this fourteenth day of February in the year of Our Lord two thousand and twenty-two and in the seventy-first year of Our Reign.
BY COMMAND,
Simon Kennedy
Deputy Registrar General of Canada
Emergency Measures Regulations: SOR/2022-21
Canada Gazette, Part II, Volume 156, Extra Number 1
Registration
SOR/2022-21 February 15, 2022
EMERGENCIES ACT
P.C. 2022-107 February 15, 2022
Whereas the Governor in Council has, by a proclamation made pursuant to subsection 17(1) of the Emergencies Act footnote a, declared that a public order emergency exists;
And whereas the Governor in Council believes on reasonable grounds, that the regulation or prohibition of public assemblies in the areas referred to in these Regulations are necessary;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 19(1) of the Emergencies Act footnote a, makes the annexed Emergency Measures Regulations.
Emergency Measures Regulations
Interpretation
1 The following definitions apply to these Regulations
- Act
- means the Emergencies Act (Loi)
- critical infrastructure
- means the following places, including any land on which they are located:
- (a) airports, aerodromes, heliports, harbours, ports, piers, lighthouses, canals, railway stations, railways, tramway lines, bus stations, bus depots and truck depots;
- (b) infrastructure for the supply of utilities such as water, gas, sanitation and telecommunications;
- (c) international and interprovincial bridges and crossings;
- (d) power generation and transmission facilities;
- (e) hospitals and locations where COVID-19 vaccines are administered;
- (f) trade corridors and international border crossings, including ports of entry, ferry terminals, customs offices, bonded warehouses, and sufferance warehouses. (infrastructures essentielles)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act (étranger)
- peace officer
- means a police officer, police constable, constable, or other person employed for the preservation and maintenance of the public peace (agent de la paix)
- protected person
- has the same meaning as in subsection 95(2) of the Immigration and Refugee Protection Act (personne protégée)
Prohibition — public assembly
2 (1) A person must not participate in a public assembly that may reasonably be expected to lead to a breach of the peace by:
- (a) the serious disruption of the movement of persons or goods or the serious interference with trade;
- (b) the interference with the functioning of critical infrastructure; or
- (c) the support of the threat or use of acts of serious violence against persons or property.
Minor
(2) A person must not cause a person under the age of eighteen years to participate in an assembly referred to in subsection (1).
Prohibition — entry to Canada — foreign national
3 (1) A foreign national must not enter Canada with the intent to participate in or facilitate an assembly referred to in subsection 2(1).
Exemption
(2) Subsection (1) does not apply to
- (a) a person registered as an Indian under the Indian Act;
- (b) a person who has been recognized as a Convention refugee or a person in similar circumstances to those of a Convention refugee within the meaning of subsection 146(1) of the Immigration and Refugee Protection Regulations who is issued a permanent resident visa under subsection 139(1) of those regulations;
- (c) a person who has been issued a temporary resident permit within the meaning of subsection 24(1) of the Immigration and Refugee Protection Act and who seeks to enter Canada as a protected temporary resident under subsection 151.1(2) of the Immigration and Refugee Protection Regulations;
- (d) a person who seeks to enter Canada for the purpose of making a claim for refugee protection;
- (e) a protected person;
- (f) a person or any person in a class of persons whose presence in Canada, as determined by the Minister of Citizenship and Immigration or the Minister of Public Safety and Emergency Preparedness, is in the national interest.
Travel
4 (1) A person must not travel to or within an area where an assembly referred to in subsection 2(1) is taking place.
Minor — travel near public assembly
(2) A person must not cause a person under the age of eighteen years to travel to or within 500 metres of an area where an assembly referred to in subsection 2(1) is taking place.
Exemptions
(3) A person is not in contravention of subsections (1) and (2) if they are
- (a) a person who, within of the assembly area, resides, works or is moving through that area for reasons other than to participate in or facilitate the assembly;
- (b) a person who, within the assembly area, is acting with the permission of a peace officer or the Minister of Public Safety and Emergency Preparedness;
- (c) a peace officer; or
- (d) an employee or agent of the government of Canada or a province who is acting in the execution of their duties.
Use of property — prohibited assembly
5 A person must not, directly or indirectly, use, collect, provide make available or invite a person to provide property to facilitate or participate in any assembly referred to in subsection 2(1) or for the purpose of benefiting any person who is facilitating or participating in such an activity.
Designation of protected places
6 The following places are designated as protected and may be secured:
- (a) critical infrastructures;
- (b) Parliament Hill and the parliamentary precinct as they are defined in section 79.51 of the Parliament of Canada Act;
- (c) official residences;
- (d) government buildings and defence buildings
- (e) any property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery;
- (f) any other place as designated by the Minister of Public Safety and Emergency Preparedness.
Direction to render essential goods and services
7 (1) Any person must make available and render the essential goods and services requested by the Minister of Public Safety and Emergency Preparedness, the Commissioner of the Royal Canadian Mounted Police or a person acting on their behalf for the removal, towing and storage of any vehicle, equipment, structure or other object that is part of a blockade.
Method of request
(2) Any request made under subsection (1) may be made in writing or given verbally by a person acting on their behalf.
Verbal request
(3) Any verbal request must be confirmed in writing as soon as possible.
Period of request
8 A person who, in accordance with these Regulations, is subject to a request under section 7 to render essential goods and services must comply immediately with that request until the earlier of any of the following:
- (a) the day referred to in the request;
- (b) the day on which the declaration of the public order emergency expires or is revoked; or
- (c) the day on which these Regulations are repealed.
Compensation for essential goods and services
9 (1) Her Majesty in right of Canada is to provide reasonable compensation to a person for any goods or services that they have rendered at their request under section 7, which amount must be equal to the current market price for those goods or services of that same type, in the area in which the goods or services are rendered.
Compensation
(2) Any person who suffers loss, injury or damage as a result of anything done or purported to be done under these Regulations may make an application for compensation in accordance with Part V of the Emergencies Act and any regulations made under that Part, as the case may be.
Compliance — peace officer
10 (1) In the case of a failure to comply with these Regulations, any peace officer may take the necessary measures to ensure the compliance with these Regulations and with any provincial or municipal laws and allow for the prosecution for that failure to comply.
Contravention of Regulations
(2) In the case of a failure to comply with these Regulations, any peace officer may take the necessary measures to ensure the compliance and allow for the prosecution for that failure to comply
- (a) on summary conviction, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both; or
- (b) on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both.
Coming into force
11 This Order comes into force on the day on which it is registered.
Emergency Economic Measures Order: SOR/2022-22
Canada Gazette, Part II, Volume 156, Extra Number 1
Registration
SOR/2022-22 February 15, 2022
EMERGENCIES ACT
P.C. 2022-108 February 15, 2022
Whereas the Governor in Council has, by a proclamation made pursuant to subsection 17(1) of the Emergencies Act, declared that a public order emergency exists;
And whereas the Governor in Council has reasonable grounds to believe that the measures with respect to property referred to in this Order are necessary;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsection 19(1) of the Emergencies Act, makes the annexed Emergency Economic Measures Order.
Emergency Economic Measures Order
Definitions
1 The following definitions apply to this Order:
- designated person
- means any individual or entity that is engaged, directly or indirectly, in an activity prohibited by sections 2 to 5 of the Emergency Measures Regulations. (personne désignée)
- entity
- includes a corporation, trust, partnership, fund, unincorporated association or organization or foreign state. (entité)
Duty to cease dealings
2 (1) Any entity set out in section 3 must, upon the coming into force of this Order, cease
- (a) dealing in any property, wherever situated, that is owned, held or controlled, directly or indirectly, by a designated person or by a person acting on behalf of or at the direction of that designated person;
- (b) facilitating any transaction related to a dealing referred to in paragraph (a);
- (c) making available any property, including funds or virtual currency, to or for the benefit of a designated person or to a person acting on behalf of or at the direction of a designated person; or
- (d) providing any financial or related services to or for the benefit of any designated person or acquire any such services from or for the benefit of any such person or entity.
Insurance policy
(2) Paragraph 2(1)(d) does not apply in respect of any insurance policy which was valid prior to the coming in force of this Order other than an insurance policy for any vehicle being used in a public assembly referred to in subsection 2(1) of the Emergency Measures Regulations.
Duty to determine
3 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person:
- (a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada, and banks regulated by that Act;
- (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;
- (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;
- (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;
- (e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks;
- (f) companies regulated by the Trust and Loan Companies Act;
- (g) trust companies regulated by a provincial Act;
- (h) loan companies regulated by a provincial Act;
- (i) entities that engage in any activity described in paragraphs 5(h) and (h.1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
- (j) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services;
- (k) entities that provide a platform to raise funds or virtual currency through donations; and
- (l) entities that perform any of the following payment functions:
- (i) the provision or maintenance of an account that, in relation to an electronic funds transfer, is held on behalf of one or more end users,
- (ii) the holding of funds on behalf of an end user until they are withdrawn by the end user or transferred to another individual or entity,
- (iii) the initiation of an electronic funds transfer at the request of an end user,
- (iv) the authorization of an electronic funds transfer or the transmission, reception or facilitation of an instruction in relation to an electronic funds transfer, or
- (v) the provision of clearing or settlement services.
Registration requirement — FINTRAC
4 (1) The entities referred to in paragraphs 3(k) and (l) must register with the Financial Transactions and Reports Analysis Centre of Canada established by section 41 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if they are in possession or control of property that is owned, held or controlled by or on behalf of a designated person.
Reporting obligation — suspicious transactions
(2) Those entities must also report to the Centre every financial transaction that occurs or that is attempted in the course of their activities and in respect of which there are reasonable grounds to suspect that
- (a) the transaction is related to the commission or the attempted commission of a money laundering offence by a designated person; or
- (b) the transaction is related to the commission or the attempted commission of a terrorist activity financing offence by a designated person.
Reporting obligation — other transactions
(3) Those entities must also report to the Centre the transactions and information set out in subsections 30(1) and 33(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations.
Duty to disclose — RCMP or CSIS
5 Every entity set out in section 3 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service
- (a) the existence of property in their possession or control that they have reason to believe is owned, held or controlled by or on behalf of a designated person; and
- (b) any information about a transaction or proposed transaction in respect of property referred to in paragraph (a).
Disclosure of information
6 A Government of Canada, provincial or territorial institution may disclose information to any entity set out in section 3, if the disclosing institution is satisfied that the disclosure will contribute to the application of this Order.
Immunity
7 No proceedings under the Emergencies Act and no civil proceedings lie against an entity for complying with this Order.
Coming into force
8 This Order comes into force on the day on which it is registered.
- Date modified: