Legislation
Relevant sections of the Emergency Measures Act
The Emergency Measures Act, first legislated in 1970 and revised in 1990, provides for the organization an administration of emergency measure in the province. Sections 6, 7 & 10 pertains to the role of municipalities under the Act. The following passage is Section 6 of the Act:
-
(1) The council of a municipality may by resolution establish a committee and adopt a plan to deal with all matters relating to emergency measures within the boundaries of the municipality.
(2) A plan adopted by a council under subsection (1) shall be submitted to the minister and shall not be implemented without the minister’s approval.
(3) Where a state of civil disaster that applies to a municipality or a state of war emergency is declared under section 7 a plan adopted by a municipality under subsection (1) and approved by the minister under subsection (2) shall then come into operation.
(4) Where a disaster affecting a municipality occurs and a state of civil disaster has not been declared under section 7 the minister may, by order, authorize the council to put into operation the plan adopted by the council under subsection (1).
(5) Where the minister makes an order under subsection (4), a council may put into operation the plan adopted under subsection (1) and may then take the action and do the things that are necessary to give effect to the plan.
(6) Where a council asks the minister to approve an amendment of the plan adopted under subsection (1) or the repeal of a part of that plan, the minister may approve or disapprove of the amendment or repeal and the council may amend or repeal a part of the plan if the minister approves.
(7) A council shall exercise the powers and authority granted to it under this section subject to the Act and the regulations and to all orders made and act and things done but the Lieutenant-Governor in Council and to the direction and supervision of the minister.
(8) A council may appoint a person to supervise and control, under its direction, emergency measures plans or an organization which it has adopted or established and the person appointed shall cooperate with the minister and with the officers, clerks and other employees appointed under section 3.
(9) A council that establishes a committee under subsection (1) may
- by resolution approved by the minister levy, appropriate and expend money that may be required for emergency measures purposes;
- by resolution authorize the proper officers, on behalf of the council, to enter into contracts and to obtain and distribute equipment, materials and supplies for emergency measures purposes;
- provide for the health and safety of persons and property within the municipality and provide emergency assistance to the victims of disaster;
- employ, with or without compensation, workers required in connection with the council’s emergency measures; and
- utilize the council’s employees, property or equipment for emergency measures purposes either within or outside the boundaries of the municipality.
- The Lieutenant-Governor in Council may, by proclamation, declare that a state of civil disaster or a state of war emergency exists or has, for the purpose of this Act, ended in the province or in a part of the province and the proclamation is proof that the state of civil disaster or war emergency exists, has existed or has ended from the date of the proclamation or from an earlier or later date that may e stated in the proclamation.
-
(1) Where an emergency other than a war emergency arises in an area of the province which involves the risk of loss of life or property or which threatens the safety, welfare or well-being of some or all of the residents of that area and where it appears to the satisfaction of the minister that the emergency cannot be adequately handled by the municipal or other services existing within the area, the minister may immediately.
- declare that a local disaster situation exists within the area;
- designate an officer to take charge of emergency operations within the area, to assess the situation and to report immediately to him or her regarding necessary measures to be taken to deal with the emergency;
- authorize the officer designated under paragraph (b) to control and co-ordinate the activities of all police, health, welfare, fire and other services in the area, either provincial or municipal, and to engage civilian personnel to assist these services; and
- authorize the officer to acquire, either by purchase or otherwise and to the extent that the minister may prescribe, supplies and equipment that are necessary to cope with the emergency or to protect the health and welfare of the victims of the disaster.
(2) The minister shall, as soon as possible after the declaration by him or her of a local disaster situation under paragraph (1) (a), inform the Lieutenant-Governor in Council of that declaration and report upon the action taken by him or her in connection with the declaration.
Relevant sections of the Municipalities Act
Under The Municipalities Act, Section 204, pertains to the declaration of a state of emergency within a municipality. The following passage details the contents of Section 204;
-
(1) Where, in the opinion of the council or chairperson or mayor, an emergency exists because of
- a disaster;
- a snowstorm or flood; or
- a shortage of water
the council, chairperson or mayor may declare a state of emergency in the municipality or part of the municipality.
And, under The Municipalities Act, Section 405, pertains to orders by council when a declaration under Section 204 has been declared.
-
(1) Where a state of emergency is declared under Section (204) the council, chairperson or mayor may order
- the closing of or the hours of operation of a businesses and schools or a class of business and schools, in the municipality;
- the banning or controlling of public gatherings;
- the evacuation of buildings;
- the restriction or prohibition of the use of vehicles or a class of vehicles on the streets of the municipality; or
- the restriction or prohibition of the use of water in the municipality.
(2) Subsections 404 (2) to (6) apply, with the necessary changes, to an order made by a council under subsection (1).
