Did any of the 2022 Emergencies Act measures become permanent?

On Feb. 14, 2022, the federal cabinet declared a public order emergency over the convoy protests and blockades. For nine days, an order required banks, crowdfunding sites and payment companies to stop dealing with anyone involved, report to FINTRAC and tell the RCMP or CSIS. The declaration was revoked Feb. 23, 2022, ending every order made under it.

Verdict: Partly. The FINTRAC rules for crowdfunding and payment companies became permanent, in broader form, on April 5, 2022. The power to have accounts frozen without a court order did not; 5W1H found no later law that recreates it.

Spin check

Framing: "the emergency financial measures" lumps together a freezing order that expired and reporting rules re-made permanent six weeks later under another law.

The six questions

Who?

The federal cabinet (Governor in Council), both times.

What?

An emergency economic order; then permanent anti-money-laundering regulations.

When?

Feb. 14 to 23, 2022; April 5, 2022.

Where?

Canada Gazette.

Why?

Blockade funding through crowdfunding and payment companies, the government said.

How?

An emergency order, then an ordinary regulation, which needs no vote in Parliament.

What the text says

• Emergencies Act: Cabinet may declare an emergency if it believes "on reasonable grounds" one exists and needs "special temporary measures" (s. 17). It expires after 30 days unless continued (s. 18). Revocation ends all orders (s. 26). Parliament must consider confirming it (s. 58); a joint committee reviews it (s. 62); an inquiry must be called within 60 days (s. 63).
• The 2022 order (SOR/2022-22): Institutions had to "cease" dealing with property of a "designated person," defined as anyone engaged "directly or indirectly" in a prohibited assembly (ss. 1–2). The text sets out no court order, notice or appeal. Crowdfunding and payment companies holding such property had to register with FINTRAC and report (s. 4). All institutions had to disclose to the RCMP or CSIS (s. 5). Easy to miss: governments could share information with institutions (s. 6), which could not be sued for complying (s. 7).
• In use: About 257 accounts were temporarily frozen (Federal Court).

What became permanent

• SOR/2022-76, in force April 5, 2022: Crowdfunding platforms and more payment processors now face FINTRAC registration, suspicious and large-transaction reports, records and compliance programs, covering everyone, not just protest participants. Easy to miss: platforms must verify the identity of anyone donating $1,000 or more. The Gazette statement ties it to 2022 directly: the requirements are "broadly similar to those imposed by the Order." It skipped pre-publication for comment. Estimated cost: $18 million to $20.2 million over 10 years for about 1,000 businesses. Still in force.
• Not permanent: the duty to stop dealing (freezing), the disclosure duty to the RCMP or CSIS, and the immunity clause. FINTRAC cannot "freeze bank accounts or seize funds," the commissioner wrote.
• Related, not the same: The Retail Payment Activities Act passed in June 2021, before the protests; fully in force Sept. 8, 2025. Section 96 lets the Finance Minister order a payment company "to take or to refrain from taking any measures" for "reasons related to national security." It does not mention freezing.
• The Emergencies Act itself: unchanged in substance. Since 2022, only committee-seat and cross-reference wording changed.

Positions

• Federal government (Gazette, 2022): It announced "its intention to quickly and permanently extend obligations" to these companies.
• The commissioner (Feb. 2023): "the very high threshold for invocation was met." Cabinet had reasonable grounds for the freezing, though he flagged "the absence of adequate procedural protections."
• Federal Court of Appeal (Jan. 16, 2026): The government "did not demonstrate that it had reasonable grounds"; the order's implementation was "ad hoc and fraught with confusion."

Established, claimed and unknown

• EstablishedTexts, dates and revocation; the permanent FINTRAC rules and their stated tie to 2022; two courts found the invocation unreasonable and Charter breaches; no freezing power in the permanent rules.
• ClaimedThe risk rationale for skipping comment; whether the 2022 measures were needed.
• UnknownA Supreme Court leave decision (still pending as of Oct. 13); any government response to the committee; whether section 96 has ever been used.

History

Feb. 2023: the commission reports. Jan. 23, 2024: the Federal Court rules. Dec. 2024: the joint committee recommends standard freezing and unfreezing processes "in the case that the Emergencies Act is invoked." Jan. 2026: appeal dismissed. March 2026: the government seeks Supreme Court leave. Sept. 14: sent to the judges.

What could change it

A Supreme Court ruling; amendments to the Act; or new FINTRAC regulations, which cabinet can make alone.

Sources