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National Resources Mobilization Act, 1940

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4 George VI,, Chap. 13
An Act to confer certain powers on the Governor in Council for the mobilization of resources in the present war

Source: Statutes of Canada, 1940

12262434 George VI,, Chap. 13
An Act to confer certain powers on the Governor in Council for the mobilization of resources in the present war


4 George VI, c. 13 (Canada)


An Act to confer certain powers on the Governor in Council for the mobilization of resources in the present war


[Assented to 21st June, 1940.]


Preamble.

 WHEREAS by reason of developments since the outbreak of the present war a special emergency has arisen and the national safety of Canada has become endangered; and

Whereas it is, therefore, expedient to confer upon the Governor in Council special emergency powers to permit of the mobilization of all of the effective resources of the nation, both human and material, for the purposes of the defence and security of Canada, and

Whereas it is expedient that the said powers should be conferred upon the Governor in Council during the continuation of the state of war now existing:

Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-

Short title.

1. This Act may be cited as The National Resources Mobilization Act, 1940.

Special powers of the Governor in Council.

2. Subject to the provisions of section 3 hereof, the Governor in Council may do and authorize such acts and things, and make from time to time such orders and regulations, requiring persons to place themselves, their services and their property at the disposal of His Majesty in right of Canada, as may be deemed necessary or expedient for securing the public safety, the defence of Canada, the maintenance of public order, or the efficient prosecution of the war, or for maintaining supplies or services essential to the life of the community.

Limitation in respect of service overseas.

3. The powers conferred by the next preceding section may not be exercised for the purpose of requiring persons to serve in the military, naval or air forces outside of Canada and the territorial waters thereof.

Limitation.

4. The powers conferred by this Act shall remain in force only during the continuation of the state of war now existing.

Tabling of orders and regulations.

5. Every order or regulation passed under the authority of this Act shall be tabled in Parliament forthwith if Parliament is in session and, if Parliament is not in session, within two weeks of the opening of the session next following the making of such order or regulation.

Imposing penalties.

6. The Governor in Council may prescribe the penalties that may be imposed for violations of orders and regulations made under this Act, and may also prescribe whether such penalties shall be imposed under summary conviction or indictment, but no such penalty shall exceed a fine of $5,000 or imprisonment for any term not exceeding five years, or both fine and imprisonment.



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Section 12 of the Canadian Copyright Act provides a reservation for Crown rights or privileges. Lack of modern case law on the subject makes it unclear whether perpetual prerogative rights over these documents still apply, or whether these rights have lapsed. Notwithstanding, these documents are reproducible under the terms of the Reproduction of Federal Law Order.

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