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ARTICLE · 06 MAY 2020

On Whose Authority? Alberta's Provincial Powers To Respond To A Health Emergency

In response to the COVID-19 pandemic, governments across Canada have put measures in place to slow the spread, but which have also had a significant impact on business. The purpose of this post is to provide an overview...

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In response to the COVID-19 pandemic, governments across Canada have put measures in place to slow the spread, but which have also had a significant impact on business. The purpose of this post is to provide an overview of the powers available to the Government of Alberta to respond to the pandemic, and most notably, those available under the Alberta Emergency Management Act and Alberta Public Health Act.

Under the Emergency Management Act, a pandemic may constitute an "emergency" that requires prompt co‑ordination of action or special regulation of persons or property to protect the safety, health and welfare of the people of Alberta. In response to such an emergency, the provincial government or a local authority, such as a municipality, may declare a "state of emergency" upon which the provincial government or applicable local authority has the power to take all necessary steps to manage the emergency. These steps may include but are not limited to:

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