Appendix V: Authorizing Minister of National Defence to Evacuate Japanese Nationals

Order in Council amending the Defence of Canada Regulations (Regulation 4) – protected areas

Canada Gazette (Extra) 27th January, 1942

P.C. 365

AT THE GOVERNMENT HOUSE AT OTTAWA

Friday, the 16th day of January, 1942.

HIS EXCELLENCY

THE GOVERNOR GENERAL IN COUNCIL:

Whereas the Minister of Justice reports that by reason of the development of the war it may become necessary to take special measures within certain areas of Canada;

Now, therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, and under the authority of the War Measures Act, Chapter 206 of the Revised Statutes of Canada 1927, is pleased to amend the Defence of Canada Regulations (Consolidation) 1941, and they are hereby amended by rescinding Regulation 4 thereof and substituting therefor the following Regulation:

“4. (1) The Minister of National Defence with the concurrence of the Minister of Justice may, if it appears necessary or expedient so to do in the public interest and for the efficient prosecution of the War make, in respect of any area in Canada, an order declaring that, after such time as may be specified in such order such area shall be a protected area (hereinafter in this regulation referred to as a “protected area”) and subject to the provisions of this regulation.

2. The Minister of Justice may, with respect to a protected area, make orders in relation to any of the following matters: –
   1. To require all or any enemy aliens to leave such protected area;
   2. To prohibit all or any enemy aliens from entering, leaving or returning to such protected area except as permitted pursuant to such order;
   3. To impose upon all or any enemy aliens, ordinarily resident or actually present in such protected area, such restrictions as may be specified in the order in respect of their employment or business, their movements or places of residence, their associations or communications with other persons, their activities in relation to the dissemination of news or the propagation of opinions or otherwise with respect to the conduct of any such enemy aliens;
   4. To prohibit or restrict the possession or use by all or any enemy aliens, ordinarily resident or actually present in such protected area, of any specified articles and to require the delivery up by any such enemy aliens aforesaid of any such specified articles to the Royal Canadian Mounted Police;
   5. To authorize the detention, in such place and under such conditions as he may from time to time direct, of all or any enemy aliens ordinarily resident or actually present in such protected area;
   6. To authorize the detention of any persons, other than enemy aliens, ordinarily resident or actually present in such protected area in order to prevent such persons from acting in any manner prejudicial to the public safety or the safety of the State;
   7. To authorize the release, upon such conditions as he may specify, of any person ordered to be detained or any article delivered up pursuant to this Regulation.
3. Any person in the protected area reasonably believed by any peace officer or by any person acting on behalf of His Majesty to be contravening any order made under this Regulation may, without prejudice to any proceedings which may be taken against him, be removed from the protected area or detained therein by any peace officer or person acting on behalf of His Majesty aforesaid.
4. This Regulation shall be administered by the Commissioner of the Royal Canadian Mounted Police.
5. This Regulation and any order made hereunder shall have full force and effect according to its terms notwithstanding anything contained in any other of these Regulations.