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Update: Canada’s Federal government revokes the emergency orders previously declared under the Emergencies Act (Canada)

By Laurie LaPalme, Marisa Coggin, and Jesse Collins-Swartz
February 25, 2022
  • Insurance
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Further to the article we published on February 18, 2022 titled Federal government invokes the Emergencies Act: Implications for insurers in Canada, on February 23, 2022, the Federal government, announced that it revoked (the Revocation) its declaration (the Declaration), made on February 14, 2022, of a “public order emergency” under the Emergencies Act (Canada) (the Emergencies Act). The Declaration was originally made in response to protests and civil unrest occurring in Ottawa and at various border crossings in Canada.

The Revocation also terminated certain emergency orders introduced on February 15, 2022 (the Order), which, among other items, created temporary new rules and restrictions applicable to insurers conducting insurance business in Canada.

The Federal government has not released many details regarding the implications of the Revocation. The above announcement was made by Canada’s Prime Minister at a news conference on February 23, 2022 (the News Conference), and the Declaration was formally revoked by a Proclamation made by the Governor General of Canada on the same date.

Key takeaways:

Below is a list of important updates announced at the News Conference. No publication or written guidance has been provided to date by the Federal government.

  • Any offences committed under the Emergencies Act during the period of time during which the Declaration was in force (i.e., between February 14, 2022 and February 23, 2022) will still be subject to prosecution and investigation, where applicable. However, we note that the rules and restrictions under the Orders (as described above) did not come into force until February 15, 2022.
  • No comment was provided at the News Conference regarding the treatment of any insurance policies cancelled under the Declaration.
  • Financial institutions have begun the process of unfreezing bank accounts frozen in connection with the Declaration. However, where bank accounts where frozen by court orders or legal proceedings in connection with offences committed under the Emergencies Act (while the Declaration were in force) or other legislation, such bank accounts will remain frozen.
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Laurie LaPalme

About Laurie LaPalme

Laurie LaPalme leads Dentons Canada’s National Corporate and Regulatory Insurance practice and is Co-Lead of the National Insurance sector group. With more than 20 years of experience advising domestic and foreign life and general insurance companies, insurance agents and brokers, reinsurance companies on corporate and regulatory matters, transactions, corporate reorganizations, and governance issues, clients note that Laurie is “absolutely an expert and that comes across clearly in the work,” taken from a Chambers Canada client interview.

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Marisa Coggin

About Marisa Coggin

Marisa Coggin is a partner in the Corporate and Insurance groups at Dentons. Marisa’s practice focuses on corporate and commercial law with an emphasis on corporate and regulatory insurance. Marisa also offers experience in, and regularly assists clients with corporate reorganizations, mergers & acquisitions and financing.

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Jesse Collins-Swartz

About Jesse Collins-Swartz

Jesse Collins-Swartz is an associate in the Corporate group and Insurance sector practice at Dentons Canada LLP. Jesse’s work focuses on corporate and regulatory matters and commercial transactions, including M&A, joint ventures, corporate finance, and reinsurance.

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