CONSOLIDATION

Emergency Measures Regulations

SOR/2022-21

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Emergency Measures Regulations 1

Interpretation

Prohibition — public assembly

Prohibition — entry to Canada — foreign national

Travel

Use of property — prohibited assembly

Designation of protected places

Direction to render essential goods and services

Period of request

Compensation for essential goods and services

Compliance — peace officer

Coming into force

Current to June 20, 2022

ii

Registration SOR/2022-21 February 15, 2022

EMERGENCIES ACT Emergency Measures Regulations 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 Acta, 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 Acta, makes the annexed Emergency Measures Regulations.

a

R.S., c. 22 (4th Supp.)

Current to June 20, 2022

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;

Current to June 20, 2022

Emergency Measures Regulations Sections 2-3

(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.

Current to June 20, 2022

Emergency Measures Regulations Sections 4-6

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

Current to June 20, 2022

Emergency Measures Regulations Sections 6-9

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.

Current to June 20, 2022

Emergency Measures Regulations Sections 9-11

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.

Current to June 20, 2022

