Emergencies Act | The Brian Mulroney Institute of Government

The Emergencies Act received royal assent in July 1988 and it subsequently repealed and replaced the War Measures Act.
The War Measures Act was first repealed when the Bill of Rights became law in 1960, however, Section 2 of the Bill stated that Parliament could override the rights afforded by the bill using a 'notwithstanding' clause, which was used during the October Crisis (1970).
Under Prime Minister Brian Mulroney's government, Canada completely repealed the War Measures Act and replaced it with the Emergencies Act.
The purpose of the Emergencies Act is to give the government specific and more limited powers in the event of a national emergency while still protecting civil liberties.
It is used when provincial, territorial, and federal tools can no longer effectively deal with the issues relating to the national emergency.
This Act covers four types of emergencies: a public welfare emergency, a public order emergency, an international emergency, or a war emergency.
This Act differs from the War Measures Act in that cabinet orders and regulations must be reviewed by Parliament.
Thus, cabinet cannot unilaterally dictate a certain policy measure, which protects the government from abusing its power.
This Act also provides a structure for compensation for individuals impacted by government actions during an emergency, and the Act is subject to both the Charter of Rights and Freedoms and the Canadian Bill of Rights.

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