November 8, 2023

414786120/1738141008/1876037139

E4tlc23037

Interpretation and Principles

Definitions and application

In this Act:

animals means the following types of animals:

domestic pets;

animals trained to assist in law enforcement activities, whether the animals are used by a peace officer or by a person acting under the direction of a peace officer;

guide dogs and service dogs within the meaning of the Guide Dog and Service Dog Act ;

livestock within the meaning of the Livestock Act ;

animals that are lawfully kept in zoos, sanctuaries, rehabilitation centres or facilities for education or research;

without limiting paragraph (e), live animals that are lawfully possessed under the Wildlife Act ;

business continuity plan means a business continuity plan prepared in accordance with

section 53 [business continuity plans] ;

comprehensive emergency management plan means the emergency management plan for the government, as referred to in

section 39 (1) (a) [emergency management planning and information] ;

critical incident means a single incident to which all of the following apply:

the incident requires the prompt coordination of actions at a particular location

to protect the health, safety or well-being of one or more persons, or

for a prescribed purpose;

the actions required under paragraph (

a) are beyond the capability or capacity of the responsible emergency service provider;

the incident does not include an emergency in relation to which a declaration of a state of provincial emergency or a declaration of a state of local emergency has been made;

critical infrastructure means a system, network, facility, asset or land described in

section 48 [critical infrastructure identified] ;

critical infrastructure owner means the following:

a person who possesses, occupies, controls the use of or has the right to control the use of critical infrastructure;

subject to the regulations, a person who has an estate or interest, whether legal or equitable, in critical infrastructure;

critical infrastructure sector means a prescribed critical infrastructure sector, which sector is necessary to protect, maintain or restore one or more of the matters referred to in

section 48 (2) (b);

Crown land means land, whether or not it is covered by water, that is vested in the government;

emergency means a state that

is the result of any of the following:

an event that

has occurred, is ongoing or appears imminent, and

is caused by one or more incidents, whether or not those incidents occur in the same location or at the same time, of accident, fire, explosion, technical failure, rioting, security threat, terrorist activity within the meaning of

section 83.01 of the Criminal Code , force of nature or a prescribed type of incident;

the presence, suspected presence or imminent spread of a transmissible disease or an environmental toxin;

iii

a prescribed type of event or the presence or suspected presence of prescribed circumstances, and

requires the prompt coordination of action, or the special regulation of persons or property, to protect

the health, safety or well-being of persons, or

the safety of property or of objects or sites of heritage value;

emergency instrument means the following:

if made by an individual, an order;

if made by a person or entity other than an individual, a bylaw, resolution, law or other type of legal instrument by which the person or entity may lawfully exercise statutory powers or perform statutory duties;

emergency management means the development and implementation of policies and plans with respect to the measures to be taken in each phase;

emergency management organization means an entity referred to in

section 20 [emergency management organizations] ;

emergency management plan means an emergency management plan prepared in accordance with

section 52 [emergency management plans] ;

emergency measure means an action that is necessary or advisable to be taken during one or more phases, whether or not the action

is described in an emergency management plan, or

is taken as a result of the exercise of a response power or a recovery power;

emergency measures agreement means an agreement made under Division 4 [Emergency Measures Agreements] of

Part 2;

emergency resources includes any personnel, supplies, services, personal property, equipment and facilities that are necessary or advisable for the purpose of taking emergency measures and does not include land;

emergency system means a prescribed system, or a system having prescribed characteristics, designed

to give warnings or notices to the public if an emergency is present, or

to facilitate, coordinate or carry out activities in relation to emergency management;

employer means a person who has responsibility, directly or indirectly, for

the employment of an employee, or

the management of another person who, under contract, provides services to the person;

government minister means, as the context requires,

a member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of an enactment, or

the ministry of the member referred to in paragraph (a);

hazard means a circumstance, condition, process, phenomenon, activity or prescribed type of thing, whether natural or human-caused, that may give rise to an emergency;

head , in relation to a local authority, means the following:

for a municipality, the mayor or an individual assigned by bylaw of the municipal council to act in the capacity of mayor in the mayor's absence;

for an unincorporated area in a regional district, the chair of the board of the regional district or, in the chair's absence, a vice chair;

for the Nisg̱a'a Nation, the individual elected or appointed as the head of the Nisg̱a'a Lisims Government under the Nisg̱a'a Final Agreement and Nisg̱a'a Constitution;

for a treaty first nation, the individual elected or appointed as the head of the treaty first nation under the final agreement and constitution of the treaty first nation;

if a person referred to in paragraph (

a) to (

d) of this definition is unable or unavailable to act, the person's deputy or another person who is authorized to act in the person's capacity in the person's absence;

Indigenous governing body has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act ;

Indigenous peoples has the same meaning as in

section 1 (1) of the Declaration on the Rights of Indigenous Peoples Act ;

intersectional disadvantage means the intersection of social categorizations of persons or classes of persons, including Indigenous identity, race, economic status, sex, sexual orientation, gender identity and expression, age and ability, in ways that may result in overlapping systems of discrimination or disadvantage or disproportionate adverse effects;

lead minister means a government minister who is designated as a lead minister under the regulations;

local authority means the following:

a municipality;

a regional district;

the Nisg̱a'a Nation;

a treaty first nation;

local knowledge means the understandings and skills that people have developed over time with respect to their local environment;

multijurisdictional emergency management organization means an entity established under

section 21 [multijurisdictional emergency management organizations] ;

municipality means, as the context requires,

the corporation into which the residents of an area are incorporated as a municipality under

Part 2 of the Local Government Act or under any other Act, or

the council of a corporation referred to in paragraph (

a) of this definition;

necessities includes food, clothing and shelter;

Nisg̱a'a Nation means, as the context requires,

the Nisg̱a'a Nation as defined in the

Definitions

Chapter of the Nisg̱a'a Final Agreement, or

the Nisg̱a'a Lisims Government;

participating authority means a person that, under an emergency measures agreement, may exercise one or more powers, and agrees to perform one or more duties, of a local authority under this Act;

peace officer means a person who is

a designated constable, municipal constable or provincial constable, as defined in the Police Act , or

a person in a prescribed class of persons who is employed for the preservation and maintenance of the public peace or the enforcement of an enactment;

person ,

for the purposes of a provision of this Act prescribed for the purpose of this paragraph, includes an Indigenous governing body, and

for the purposes of a provision of this Act prescribed for the purpose of this paragraph, does not include an Indigenous governing body;

personal information means personal information within the meaning of the Freedom of Information and Protection of Privacy Act ;

phase means a phase described in

section 3 [emergency management phases] ;

property means land and personal property;

provincial administrator means the following:

the provincial administrator designated under

section 11 (3) [provincial emergency management organization] ;

if applicable in the context, a person authorized under

section 13 [authority to act as provincial administrator] to exercise a power or perform a duty of the provincial administrator;

provincial emergency management organization means the office referred to in

section 11 (1);

public safety provider means a person authorized to act as a public safety provider under

section 30 [authorization of public safety providers] ;

public sector agency means a government organization, within the meaning of the Budget Transparency and Accountability Act , that is prescribed for the purposes of this Act;

publish , in relation to anything that must be published under this Act, means to publish

in accordance with the regulations, or

if the regulations do not apply to the type of thing that must be published, by any means that the person who must publish the thing considers most likely to make that thing known to the majority of the population affected by the thing;

recover , in relation to an emergency, means to take an action for a purpose referred to in

section 3 (1) (d);

recovery power means a power conferred under Division 3 or 6 [Provincial Recovery Powers] of

Part 5 or Division 3 or 6 [Local Authority Recovery Powers] of

Part 6, as the context requires;

regional district means, as the context requires,

a regional district as defined in the

Schedule to the Local Government Act , or

the board of a regional district as referred to in paragraph (

a) of this definition;

regulated entity means

a government minister,

a public sector agency,

a local authority, and

a critical infrastructure owner;

respond , in relation to an emergency, means to take an action for a purpose referred to in

section 3 (1) (c);

response power means a power conferred under Division 3, 4 or 5 of

Part 5 [Provincial Response Powers] or Division 3, 4 or 5 of

Part 6 [Local Authority Response Powers] , as the context requires;

risk assessment means a risk assessment prepared in accordance with

section 51 [risk assessments] ;

security threats means actions that severely impair the functioning of a government or society, including actions relating to overthrowing a government;

specialized measure means a prescribed type of action that

is necessary or advisable to be taken in relation to a critical incident or an emergency, and

requires particular training or qualifications on the part of the person who undertakes the action;

specified land means the following:

Nisg̱a'a Lands;

treaty lands of a treaty first nation;

shíshálh lands within the meaning of the shíshálh Nation Self-Government Act (Canada);

a reserve within the meaning of the Indian Act (Canada);

land held under aboriginal title;

prescribed land;

traditional territory , in relation to an Indigenous people other than the Nisg̱a'a Nation or a treaty first nation, means the traditional territory of the Indigenous people;

treaty area , in relation to the Nisg̱a'a Nation or a treaty first nation, means a prescribed area;

volunteer means an individual who

volunteers to take

actions in relation to a critical incident, or

emergency measures in relation to an emergency, and

subject to the regulations, receives no monetary compensation in relation to the actions or measures, or the time spent taking the actions or measures.

An order or emergency instrument made under this Act does not apply to an Indigenous governing body unless the Indigenous governing body consents.

Principles of emergency management

Effective emergency management in British Columbia requires that the government, regulated entities, Indigenous governing bodies and other parties engaged in emergency management, in their relationships,

acknowledge and respect the authority of each party,

work towards harmonization and coordination of emergency measures, plans, policies and programs, and

foster collaborative approaches to matters of mutual interest.

Effective emergency management in British Columbia is based on the following principles:

practising emergency and disaster risk reduction, including by working proactively to prevent the creation of new risks, to reduce existing and future risks and to increase resilience;

investing in the measures necessary to reduce the risk of an emergency occurring and to enhance the economic, social, health and cultural resilience of society and the resilience of the environment to emergencies and any related adverse effects;

recognizing the relationship between a changing climate and emergency management, including recognizing that a changing climate contributes to the increased occurrence and adverse effects of some hazards and emergencies;

promoting cultural safety in emergency management, including by incorporating relevant actions in emergency management plans, policies and programs;

recognizing that the inherent right of self-government of Indigenous peoples includes authority to make laws in relation to emergency management;

recognizing the importance of Indigenous advice, input and stewardship activities in emergency management.

Emergency management phases

Emergency management consists of the following phases:

the mitigation phase, in which measures are taken for the purposes of identifying and removing or reducing hazards so as to

prevent emergencies from occurring, or

reduce, to the extent reasonably practicable, the scale, scope and adverse effects of an emergency that may occur;

the preparation phase, in which measures are taken for the purpose of establishing the knowledge, capability and capacity to anticipate, respond to and recover from the adverse effects of an emergency;

the response phase, in which measures are taken for the purpose of responding to an emergency, including preventing and reducing the adverse effects of the emergency;

the recovery phase, in which measures are taken for the purpose of recovering from an emergency, including measures to

restore the health, safety and well-being of affected persons,

restore the safety of property or of objects or sites of heritage value, and

iii

improve, to the extent reasonably practicable, assets, services and processes so as to reduce the risk of and increase resilience to emergencies.

For certainty, measures relevant to one phase may be taken at the same time as measures taken in relation to any other phase.

General Roles

Minister

Standards, protocols and procedures

The minister may do one or both of the following:

establish standards, protocols and procedures for the exercise of a power or the performance of a duty under this Act;

require, by order, a person or a class of persons to comply with one or more of the standards, protocols and procedures referred to in paragraph (a).

Ensuring Act's objectives are met

The minister may make an order under this

section if the minister is satisfied of either of the following:

that a person has not exercised the person's powers or performed the person's duties under this Act, or has not done so adequately;

that the order is necessary to achieve the objectives of this Act.

The minister may, by order, require a person to do any of the following with respect to the person's powers or duties under this Act:

exercise a power or perform a duty;

comply with the directions of the minister or the provincial administrator with respect to exercising a power or performing a duty;

consult and coordinate with another person or entity in exercising a power or performing a duty, including requiring consultation and coordination in accordance with

the regulations, or

the directions of the minister or the provincial administrator.

The minister may include in an order made under this

section a requirement that a person do one or both of the following:

comply with the order by a specified date or in accordance with a schedule;

give evidence satisfactory to the minister or the provincial administrator of the person's compliance.

For certainty, the minister may make an order under this

section in relation to a participating authority's exercise of a power or performance of a duty under an emergency measures agreement.

The minister may not make an order under this

section in relation to the Lieutenant Governor in Council's powers or duties under this Act.

The minister may not make an order under this

section in relation to the Nisg̱a'a Nation's or a treaty first nation's powers or duties under this Act.

The minister may request the Nisg̱a'a Nation or a treaty first nation to take an action referred to in subsection (2) in relation to the Nisg̱a'a Nation's or the treaty first nation's powers or duties under this Act.

If the Nisg̱a'a Nation or a treaty first nation does not intend to comply with a request made under subsection (7), the Nisg̱a'a Nation or treaty first nation must inform the minister in writing of the reasons for not complying with the request.

Committees

The minister may establish committees to advise or assist the Lieutenant Governor in Council, the minister or the provincial administrator with respect to matters under this Act.

The minister may appoint members to a committee.

Subject to subsection (4), a committee member may

be reimbursed for reasonable travelling and out-of-pocket expenses necessarily incurred in discharging the member's responsibilities as a committee member, and

be paid remuneration for discharging the member's responsibilities as a committee member, unless the person is a public service employee, in which case, no remuneration may be paid.

Reimbursement and remuneration of committee members are subject to the direction of the minister and must be in accordance with the directives of Treasury Board.

The minister may, in writing, delegate to the provincial administrator any of the minister's powers under this section.

Procurement powers

The minister may acquire, hold, distribute and dispose of emergency resources.

Minister may enter into agreements

to cooperate in taking emergency measures;

to provide or receive assistance, including in the form of financial aid, emergency resources and the use of land, in taking emergency measures;

to recover costs in relation to the provision of assistance.

Payments and transfers

The minister may make payments and transfers, subject to any terms or conditions that the minister may impose, for the purposes of one or more of the following:

to prepare for, respond to and recover from critical incidents;

to take emergency measures;

to acquire emergency resources.

Money from consolidated revenue fund

In this section, fiscal year means the period beginning on April 1 in one year and ending on March 31 in the next year.

The minister may pay money out of the consolidated revenue fund for the purposes of one or more of the following:

to respond to critical incidents;

to take emergency measures in relation to the response and recovery phases;

to acquire emergency resources in relation to the response and recovery phases.

Nothing in subsection (2) authorizes the minister to make a payment out of the consolidated revenue fund for financial assistance under Division 3 [Financial Assistance] of

Part 7.

The minister must prepare a report for each fiscal year, with respect to payments made under subsection (2) in the fiscal year, that summarizes all of the following:

the nature of the critical incident or emergency;

the total amount of the payments made under subsection (2) in the fiscal year in respect of each critical incident or emergency;

any other matter as required by the regulations.

The minister must, as soon as practicable, submit a copy of the report to the Speaker of the Legislative Assembly.

Section 94 [report to Legislative Assembly] applies in relation to a report made under this section.

Provincial Emergency Management Organization

Provincial emergency management organization

The minister must ensure that there is, within the ministry of the minister, an office of the government responsible for emergency management throughout British Columbia.

A deputy minister responsible for the provincial emergency management organization must be appointed under the Public Service Act .

The minister must designate, as the provincial administrator, a person appointed under the Public Service Act .

The deputy minister referred to in subsection (2) must, in accordance with the Public Service Act , appoint officers and employees that the deputy minister considers necessary to assist the minister and the provincial administrator to exercise powers and perform duties under this Act.

General purposes

The purposes of the provincial emergency management organization are as follows:

to provide, throughout British Columbia, oversight, leadership and coordination of activities with respect to each phase of emergency management;

to make recommendations to the minister respecting emergency management;

to participate on behalf of the government, if required by the minister, in initiatives that foster mutual aid between the government and any other person, organization or entity;

to fulfill other prescribed purposes.

Authority to act as provincial administrator

The provincial administrator may authorize one or more persons appointed under the Public Service Act to exercise a power or perform a duty of the provincial administrator under this Act.

An authorization made under subsection

(1) must be in writing, with authorized members identified by name, title or position, and

must not include a power delegated to the provincial administrator under

section 6 (5) [committees] .

General powers of provincial administrator

The provincial administrator may do one or more of the following:

give advice and assistance to regulated entities, on their request, respecting any matter under this Act;

conduct public information programs relating to emergency management;

coordinate emergency management activities, including by collaborating with persons in other jurisdictions;

exercise additional prescribed powers.

Publishing minister's orders

Subject to the regulations and

section 159 [duty to protect confidentiality] , and without limiting any other provision of this Act that requires a matter to be published, the minister must publish an order made by the minister under this Act.

Disclosing and publishing information

Subject to the regulations and Division 2 [Personal and Sensitive Information and Indigenous Knowledge] of

Part 9, the provincial administrator may disclose to a person, or publish, any of the following:

information obtained, directly or indirectly, under this Act;

information respecting advice, assistance and directions given by the minister or the provincial administrator under this Act;

surveys, studies, reports and other records made or received by the provincial administrator under this Act.

Annual meeting to review agreements with Indigenous peoples

Subject to subsection (2), the provincial administrator must ensure that Indigenous governing bodies that are parties to agreements made under this Act are invited to meet at least once each calendar year with one or more members of the provincial emergency management organization to discuss the effectiveness of the agreements.

In consultation and cooperation with Indigenous governing bodies referred to in subsection (1), the minister may direct that the meeting referred to in that subsection be deferred to a later time, including to a time in a subsequent calendar year, as specified by the minister.

Local Authorities

Local authority jurisdiction

Subject to this Act,

a municipality or regional district may exercise powers and must perform duties under this Act as follows:

in the case of a municipality, within the boundaries of the municipality;

in the case of a regional district, within the boundaries of any electoral areas within the regional district, and

the Nisg̱a'a Nation or a treaty first nation may exercise powers under this Act as follows:

in the case of the Nisg̱a'a Nation, within the boundaries of Nisg̱a'a Lands;

in the case of a treaty first nation, within the boundaries of the treaty first nation's treaty lands.

For certainty,

a municipality or regional district may exercise powers and must perform duties under this Act in relation to any Crown land within the boundaries of the areas referred to in subsection (1) (a) (

i) or (ii), as applicable, and

the Nisg̱a'a Nation or a treaty first nation may exercise powers under this Act in relation to any Crown land within the boundaries of the areas referred to in subsection (1) (b) (

i) or (ii), as applicable.

Except as otherwise provided for under this Act, a local authority's responsibilities under this Act continue to apply regardless of whether any other person is responsible for performing duties under this Act with respect to an area within the jurisdiction of the local authority.

Authority to act as or on behalf of local authority

Subject to subsection (5) and any limits or conditions otherwise provided for under this Act, the head of a local authority may exercise a power or perform a duty of a local authority under this Act.

Subject to subsection (5), a local authority may designate one or more of the following to act on behalf of the local authority:

a member of the local authority's emergency management organization;

in a case where powers or duties have been set out in an agreement or other instrument made for the purposes of joining a multijurisdictional emergency management organization, an employee of a member of the multijurisdictional emergency management organization;

if the local authority is the Nisg̱a'a Nation or a treaty first nation, any other person or entity.

A designation must be in writing, with designated persons or entities identified by name, title or position.

A local authority must ensure that the process for determining who among the local authority's designates may exercise powers or perform duties is set out

in the local authority's emergency management plan, or

in an agreement or other instrument made for the purposes of joining a multijurisdictional emergency management organization.

The head of a local authority or a person designated under subsection (2) must not exercise a power under any of the following sections:

section 110 [response borrowing] ;

section 118 [recovery powers] ;

section 119 [recovery borrowing] .

Emergency management organizations

The purposes of a local authority's emergency management organization include the following:

to provide, in all or part of the area within the jurisdiction of the local authority, oversight, leadership and coordination of activities with respect to each phase of emergency management;

to make recommendations to the local authority respecting emergency management.

A local authority must do at least one of the following:

in accordance with the regulations, if any, establish, appoint members to and maintain an emergency management organization;

join a multijurisdictional emergency management organization established under

section 21.

If a local authority has more than one emergency management organization, or has one or more emergency management organizations and joins a multijurisdictional emergency management organization, the local authority must ensure that, in the aggregate, the purposes referred to in subsection (1) are fulfilled in relation to all of the areas within the jurisdiction of the local authority.

Multijurisdictional emergency management organizations

A multijurisdictional emergency management organization may be established, in accordance with the regulations, if any, by 2 or more of the following:

a local authority;

the government;

an Indigenous governing body.

The purposes of a multijurisdictional emergency management organization include the following:

to provide, in relation to the areas or matters for which the organization has responsibility, oversight, leadership and coordination of activities with respect to each phase of emergency management;

to make recommendations to organization members respecting emergency management.

A local authority that joins a multijurisdictional emergency management organization must

give to the provincial administrator all of the following:

a copy of all prescribed records relevant to the local authority's participation in the organization;

any information required by the provincial administrator, and

comply with any directions given by the provincial administrator with respect to ensuring that the local authority's powers and duties under this Act are carried out in accordance with the Act.

Minister may require local authority to establish or join multijurisdictional emergency management organization

The minister may, by order, require

2 or more local authorities, other than the Nisg̱a'a Nation or a treaty first nation, to establish a multijurisdictional emergency management organization under

section 21, or

a local authority, other than the Nisg̱a'a Nation or a treaty first nation, to join a multijurisdictional emergency management organization.

Local authority may enter into agreements

to cooperate in taking emergency measures;

to provide and receive assistance, including in the form of financial aid, emergency resources and the use of land, in taking emergency measures;

to recover costs in relation to the provision of assistance.

A local authority must not enter into an agreement under this

section in relation to the use of land within the specified land of an Indigenous people, unless an Indigenous governing body that acts on behalf of the Indigenous people consents to the agreement.

If a local authority enters into an agreement with a government or an agency of a government outside British Columbia, the following apply:

in the case of an agreement with the council of a municipality other than the City of Vancouver,

section 23 [agreements with other public authorities] of the Community Charter ;

in the case of an agreement with the board of a regional district, sections 263 [corporate powers] and 264 [minister approval required for certain out-of-Province or out-of-country agreements] of the Local Government Act .

A term or condition of an agreement made under this

section has no effect to the extent that compliance with the term or condition, by any party to the agreement, prevents or interferes with compliance with any part of

an agreement made with the minister for the purposes of responding to or recovering from an emergency,

an order of the minister or provincial administrator made under

Part 5 [Provincial Response and Recovery Phases] , or

an order made under

Part 6 [Local Authority Response and Recovery Phases] .

Nothing in this

section is intended to limit the authority of a local authority to make an agreement under any other enactment.

General report to minister

Without limiting any reporting requirement imposed under the regulations, a local authority, other than the Nisg̱a'a Nation or a treaty first nation, must

prepare a report on any matter required by the minister, and

provide the report to the provincial administrator

within the period required by the minister, and

in the form and manner required by the provincial administrator.

Emergency Measures Agreements

Making emergency measures agreements

In this section, party means a party to an emergency measures agreement.

The minister and another party may enter into an emergency measures agreement under which the other party, or a person for which the other party has responsibility, may exercise one or more powers, and agrees to perform one or more duties, that may be exercised or performed by a local authority under this Act.

An emergency measures agreement must be made in accordance with this Division.

An emergency measures agreement must include as a party to the agreement each local authority having jurisdiction over an area, other than Crown land or prescribed land, that is subject to the agreement.

The provincial administrator must publish a copy of each emergency measures agreement and any amendments to those agreements.

Powers and duties under emergency measures agreements

An emergency measures agreement must provide that a participating authority may exercise powers and must perform duties under the following provisions:

Divisions 1 and 2 [local authority response and recovery phases] of

Part 6;

sections 107 [response powers] and 118 (2) [recovery powers] ;

a regulation made in relation to any provision referred to in paragraph (

a) or (b).

The following provisions apply to a participating authority that exercises response powers or recovery powers, as applicable, under an emergency measures agreement:

sections 105, 106, 116 and 117 [when and how response and recovery powers may be exercised] ;

section 108 [consultation and coordination before evacuation and re-entry] ;

section 120 [consultation, engagement and cooperation with Indigenous peoples] .

An emergency measures agreement must list any other provisions of this Act and the regulations

under which a participating authority may exercise powers and must perform duties, or

that apply for the purposes of exercising powers and performing duties under the agreement.

A participating authority that has entered into an emergency measures agreement in relation to powers and duties under this Act must exercise the powers and perform the duties in accordance with the agreement.

Additional content of emergency measures agreements

An emergency measures agreement must include at least the following:

a description of the area within which a participating authority may exercise powers and must perform duties under the agreement;

a provision identifying the head of the participating authority by the individual's name, title or position;

a provision identifying any limits and conditions on the designation, by the participating authority or the head of the participating authority, of persons to act on behalf of the participating authority;

a provision identifying the type of emergency instrument to be used to exercise powers and perform duties under the agreement;

an agreement to publish each emergency instrument made by or on behalf of the participating authority.

Limits on minister's powers

This

section applies despite anything to the contrary in Divisions 1 and 2 [local authority response and recovery phases] of

Part 6.

the participating authority is not required to seek the approval of the minister to exercise a power under Division 1 or 2 of

Part 6, and

the minister may not cancel a declaration of a state of local emergency or a declaration of a local recovery period made by the participating authority.

References for interpretive purposes

For the purposes of a provision of this Act or the regulations that applies under an emergency measures agreement with a participating authority,

a reference to a local authority must be read as a reference to the participating authority, and

a reference to the head of a local authority must be read as a reference to the head of the participating authority identified under

section 27 (1) (b).

Volunteers

Authorization of public safety providers

If the provincial administrator is of the opinion that there is a need for volunteers with respect to a specialized measure, the provincial administrator may invite persons to apply to be authorized as public safety providers.

An application must be made in the form and manner required by the provincial administrator.

The provincial administrator may grant an authorization to a person if the provincial administrator is satisfied that the person

has volunteers who are trained and qualified to take the specialized measure referred to in subsection (1),

will comply with all applicable orders made, and directions given, under this Act by the provincial administrator, and

meets any prescribed criteria.

The provincial administrator may revoke all or part of an authorization granted under subsection (3) in the following circumstances:

the person no longer has volunteers who are trained and qualified to take the specialized measure that was the basis for granting the authorization;

the person fails to comply with any applicable orders made, or directions given, under this Act by the provincial administrator;

the person, or one or more volunteers for whom the person has responsibility, fails to comply with any applicable standards, protocols or procedures referred to in

section 31 (1) (a) (i), whether or not an order has been made under

section 31 (1) (b);

prescribed circumstances.

Standards, protocols and procedures

The provincial administrator may do one or both of the following:

establish standards, protocols and procedures with respect to

the recruitment, management, training, registration and deployment of volunteers, and

the taking of specialized measures by volunteers;

require, by order, a person or a class of persons to comply with one or more of the standards, protocols and procedures referred to in paragraph (a).

Subject to the regulations, the provincial administrator must publish an order made under subsection (1) (b).

Requests for deployment

A person or entity referred to in subsection (2) may request the provincial administrator to assist in coordinating the deployment of volunteers in response to a critical incident or an emergency.

The following may make a request:

a local authority;

an Indigenous governing body;

a person who is a party to an agreement under

section 8 [minister may enter into agreements] ;

a police or emergency health service;

a prescribed person or a person in a prescribed class of persons.

A request made under subsection (1) must be made in the form and manner required by the provincial administrator.

The provincial administrator, if satisfied that it is necessary to respond to a critical incident or an emergency, may do one or both of the following:

deploy volunteers who are registered with the provincial administrator;

authorize the deployment, by a local authority, a public safety provider or a person or entity that under the regulations is authorized for the purposes of this subsection, of volunteers who are registered with the local authority, public safety provider or authorized person or entity.

Agreements with Indigenous Governing Bodies

Definitions for This Part

Definitions for this

Part

In this Part:

coordination agreement means an agreement entered into under

section 6 of the Declaration on the Rights of Indigenous Peoples Act

relating to the exercise of a power or the performance of a duty under

Part 5 [Provincial Response and Recovery Phases] or 6 [Local Authority Response and Recovery Phases] of this Act, or

for a purpose referred to in

section 34 (1) (

b) of this Act,

but does not include a decision-making agreement or statutory power agreement in relation to the exercise of a power under

Part 5 or 6;

decision-making agreement means an agreement negotiated and entered into under

section 7 of the Declaration on the Rights of Indigenous Peoples Act relating to statutory powers of decision under this Act;

specified coordination agreement means a coordination agreement described in paragraph (

a) of the definition of "coordination agreement";

statutory power has the same meaning as in

section 1 of the Judicial Review Procedure Act but does not include a power or right conferred by this Act to exercise a statutory power of decision;

statutory power agreement means an agreement entered into under

section 6 of the Declaration on the Rights of Indigenous Peoples Act that relates to one or both of the following:

the exercise of a statutory power under this Act jointly by

an Indigenous governing body, and

a person or entity that is authorized to exercise the statutory power under this Act;

the consent of an Indigenous governing body before the exercise of a statutory power under this Act;

statutory power of decision has the same meaning as in

section 1 of the Judicial Review Procedure Act .

Coordination Agreements

Coordination agreements

Subject to this Division, the minister may enter into a coordination agreement with an Indigenous governing body for one or more of the following purposes:

to coordinate

the exercise of a power or the performance of a duty under

Part 5 [Provincial Response and Recovery Phases] or 6 [Local Authority Response and Recovery Phases] , and

the exercise of the inherent right of self-government by the Indigenous governing body in responding to or recovering from an emergency;

to harmonize and coordinate plans, policies and programs in relation to the response and recovery phases.

Subject to subsections (3) and (4), a coordination agreement made with an Indigenous governing body may relate to all or part of the traditional territory or treaty area of the Indigenous people on whose behalf the Indigenous governing body acts.

The minister must not enter into a coordination agreement that relates to an area that is within Nisg̱a'a Lands or treaty lands of a treaty first nation unless the Nisg̱a'a Nation or the treaty first nation, as applicable, consents.

Without limiting subsection (3), the minister must, before entering into a coordination agreement that relates to an area within a treaty area of the Nisg̱a'a Nation or a treaty first nation, do all of the following, as applicable:

consult and cooperate, in accordance with the regulations, if any, with the Nisg̱a'a Nation and the treaty first nation;

consider

any comments received from the Nisg̱a'a Nation or the treaty first nation, and

the rights of the Indigenous peoples on whose behalf the Nisg̱a'a Nation or the treaty first nation acts.

A coordination agreement may include one or more of the following as parties to the agreement:

a local authority;

another Indigenous governing body;

a participating authority;

the government of another jurisdiction of Canada.

A coordination agreement must include a process for resolving any disputes in relation to the agreement.

The provincial administrator must publish a copy of each coordination agreement and any amendments to each agreement.

Specified coordination agreements

For the purposes of this Act, the minister may enter into a specified coordination agreement only in accordance with this Division.

A specified coordination agreement may do any of the following in relation to the exercise of a power or the performance of a duty under

Part 5 [Provincial Response and Recovery Phases] or 6 [Local Authority Response and Recovery Phases] :

subject to subsection (3) of this section, require the Lieutenant Governor in Council, the minister, a local authority or a participating authority to exercise the power or perform the duty;

require the Lieutenant Governor in Council, the minister, a local authority or a participating authority to refrain from exercising the power or performing the duty;

set limits or conditions on the exercise of the power or the performance of the duty by the Lieutenant Governor in Council, the minister, a local authority or a participating authority;

impose requirements in relation to the exercise of the power or the performance of the duty by the Lieutenant Governor in Council, the minister, a local authority or a participating authority;

require the Lieutenant Governor in Council, the minister, a local authority or a participating authority to consult and cooperate, in accordance with the agreement, with an Indigenous governing body that is a party to the agreement in exercising the power or performing the duty.

A specified coordination agreement may not require the Lieutenant Governor in Council to exercise a power under Division 5 or 6 of

Part 5 or Division 5 of

Part 6.

The minister must not enter into a specified coordination agreement that relates to the exercise of a power or the performance of a duty by the Lieutenant Governor in Council unless the Lieutenant Governor in Council authorizes the minister to negotiate and enter into the agreement.

A specified coordination agreement is not effective until the agreement is published, or until a later date specified in the agreement.

For certainty, subsection (5) applies to an agreement that amends a specified coordination agreement.

Effect of specified coordination agreement

If a specified coordination agreement has been entered into in relation to a power or duty referred to in

Part 5 [Provincial Response and Recovery Phases] or 6 [Local Authority Response and Recovery Phases] ,

the power must be exercised and the duty must be performed, as applicable, in accordance with the agreement,

a reference under this Act to the power or duty is to be read as a reference to the power as exercised or the duty as performed in accordance with the agreement, and

the terms of the agreement relating to any requirements, limits, conditions or procedures referred to in

section 35 (2) in respect of the exercise of the power or the performance of the duty have the force of law.

Other Agreements in Relation to the Declaration on the Rights of Indigenous Peoples Act

Decision-making agreements and statutory power agreements

For the purposes of this Act, the minister may enter into a statutory power agreement only in accordance with this section.

For the purposes of this Act, the Lieutenant Governor in Council may authorize the minister, on behalf of the government, to negotiate and enter into a statutory power agreement with an Indigenous governing body.

A decision-making agreement and a statutory power agreement must include a process for resolving any disputes in relation to the agreement.

Section 7 (2) to (5) of the Declaration on the Rights of Indigenous Peoples Act applies to a statutory power agreement.

Effect of agreement

If a decision-making agreement or a statutory power agreement has been entered into,

the statutory power of decision or the statutory power, as applicable, must be exercised in accordance with the agreement,

a reference under this Act to the statutory power of decision referred to in paragraph (

a) or the statutory power referred to in paragraph (

a) is to be read as a reference to the statutory power of decision or the statutory power as exercised in accordance with the agreement, and

the following terms of the agreement have the force of law:

terms identifying the person or entity that is exercising, or providing consent in relation to, a statutory power of decision or a statutory power in accordance with the agreement;

terms relating to the criteria or procedures for the exercise of, or consent in relation to, a statutory power of decision or a statutory power in accordance with the agreement.

Mitigation and Preparation Phases

Powers and Duties of Provincial Emergency Management Organization

Emergency management planning and information

The provincial administrator must prepare, maintain and implement the following:

a comprehensive emergency management plan that

applies throughout British Columbia, and

includes the emergency management plans given to the provincial administrator under

section 44 (2) (c) [emergency management planning by lead ministers] ;

one or more emergency management plans.

An emergency management plan must, in relation to the area that the plan applies to,

include a description of each area, if any, that is described for the purposes of

section 90 [consultation, engagement and cooperation with Indigenous peoples] in one or more of the following:

an agreement made under

section 41 (1) (d);

any other agreement with an Indigenous governing body, or

section 120 [consultation, engagement and cooperation with Indigenous peoples] in an agreement made under

section 55 (1) (e) [consultation and cooperation with Indigenous peoples] , and

specify the Indigenous governing body in relation to each area described.

The provincial administrator must review and revise, in accordance with the regulations, the comprehensive emergency management plan and the emergency management plan or plans referred to in subsection (1) (b).

The provincial administrator must make prescribed information available to the public in relation to potential emergencies that could affect all or part of British Columbia, including information relating to hazards, risks and vulnerabilities.

Consultation with local authorities

When preparing or reviewing and revising a comprehensive emergency management plan or an emergency management plan under

section 39, the provincial administrator must

consult and coordinate, in accordance with the regulations, if any, with a local authority in a prescribed class of local authorities, and

consider any comments received from a local authority consulted in accordance with paragraph (a).

Consultation and cooperation with Indigenous peoples

When preparing or reviewing and revising a comprehensive emergency management plan or an emergency management plan under

section 39, the provincial administrator must do all of the following, as applicable:

consult and cooperate, in accordance with the regulations, if any, with each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes an area to which the plan applies;

consider

any comments received from an Indigenous governing body consulted in accordance with paragraph (a), and

the rights of the Indigenous peoples referred to in paragraph (a);

incorporate into the plan Indigenous knowledge, if available.

Oversight of emergency management planning

The provincial administrator may do one or more of the following:

require, by order, one or more regulated entities, other than a government minister, the Nisg̱a'a Nation or a treaty first nation, to provide information and records respecting emergency management planning prepared by the regulated entities;

request a government minister, the Nisg̱a'a Nation or a treaty first nation to provide information and records respecting emergency management planning prepared by the government minister, Nisg̱a'a Nation or treaty first nation;

with respect to any information or records received under this Act, give advice and directions, including requiring changes to records.

Government continuity plans

The Legislative Assembly must prepare and maintain a plan to ensure the continued delivery, during an emergency, of leadership and services necessary for the effective functioning of the legislative branch of government.

The Executive Council must prepare and maintain a plan to ensure the continued delivery, during an emergency, of leadership and services necessary for the effective functioning of the Executive Council.

The office of the Lieutenant Governor must prepare and maintain a plan to ensure the continued delivery, during an emergency, of leadership and services necessary for the effective functioning of the office of the Lieutenant Governor.

4) and (5

[Not in force.]

The provincial administrator must give advice and assistance with respect to preparing or maintaining a plan referred to in this

section as follows:

to the Legislative Assembly, if requested in writing by the Speaker of the Legislative Assembly;

to the Executive Council, if requested in writing by the Premier of British Columbia;

to the office of the Lieutenant Governor, if requested in writing by the Executive Director of the office of the Lieutenant Governor.

Duties of Regulated Entities

Emergency management planning by lead ministers

On request of the provincial administrator, a lead minister must exercise the powers of the provincial administrator under

section 42 with respect to a prescribed public sector agency or critical infrastructure owner, or a public sector agency or critical infrastructure owner in a prescribed class.

A lead minister must do all of the following:

prepare and maintain one or more risk assessments with respect to prescribed types of hazards;

prepare and maintain one or more emergency management plans with respect to prescribed types of hazards and any other prescribed persons, places, matters or things;

give copies of the risk assessments and emergency management plans to the provincial administrator;

take any emergency measures identified in the comprehensive emergency management plan as emergency measures to be taken by the lead minister.

A lead minister must prepare and maintain a business continuity plan.

A lead minister must review and revise, in accordance with the regulations, the lead minister's risk assessments, emergency management plans and business continuity plan.

A lead minister is responsible for performing the lead minister's duties under this Act throughout British Columbia with respect to the matters for which the lead minister has responsibility.

Emergency management planning by non-lead ministers

A government minister that is not a lead minister must do all of the following:

prepare and maintain a business continuity plan;

take any emergency measures identified in the comprehensive emergency management plan as emergency measures to be taken by the government minister.

A government minister that is not a lead minister must review and revise, in accordance with the regulations, the government minister's business continuity plan.

Emergency management planning by public sector agencies

A public sector agency must, if required by the regulations,

prepare and maintain a risk assessment with respect to prescribed types of hazards,

prepare, maintain and implement an emergency management plan, and

prepare and maintain a business continuity plan.

A public sector agency must review and revise, in accordance with the regulations, the public sector agency's risk assessment, emergency management plan and business continuity plan.

Not in force

[Not in force.]

Critical infrastructure identified

A system, network, facility or asset, whether physical or virtual and whether publicly or privately owned, is critical infrastructure for the purposes of this Act and the regulations if

it is prescribed as critical infrastructure, or

it is within a prescribed class of systems, networks, facilities or assets.

A system, network, facility or asset, or a class of systems, networks, facilities or assets, must not be prescribed unless the system, network, facility or asset, or a class of any of these, is

designed, used or intended to be used in relation to functions performed by persons acting within a critical infrastructure sector, or

necessary to protect, maintain or restore one or more of the following:

the health, safety or well-being of persons;

the environment;

iii

the economy;

the security of the province;

the effective functioning of any branch of government;

the provision of emergency resources;

vii

a prescribed matter.

Land is critical infrastructure for the purposes of this Act and the regulations if the land is occupied by, used in association with or necessary to access a system, network, facility or asset referred to in subsection (1).

Emergency management planning by critical infrastructure owners

A critical infrastructure owner must, if required by the regulations,

prepare and maintain a risk assessment with respect to the types of hazards that may affect the critical infrastructure,

prepare, maintain and implement an emergency management plan, and

prepare and maintain a business continuity plan.

A critical infrastructure owner must review and revise, in accordance with the regulations, the critical infrastructure owner's risk assessment, emergency management plan and business continuity plan.

A critical infrastructure owner is responsible for performing its duties under this Act throughout British Columbia with respect to the persons, places and things for which the critical infrastructure owner has responsibility.

Reporting by critical infrastructure owners

If required by the regulations, a critical infrastructure owner must give to the provincial administrator the following information and records:

a copy of the critical infrastructure owner's risk assessment, emergency management plan and business continuity plan, including any revisions;

any prescribed information and records;

if required by the provincial administrator,

a copy of the information and records used to prepare the records referred to in paragraph (a), and

any information specified by the provincial administrator.

Information and records referred to in this

section must be given to the provincial administrator

in the form and manner required by the provincial administrator, and

within the period specified by the regulations or, if the regulations do not specify a period or do not apply, by the date specified by the provincial administrator.

Plans, Programs and Other Measures

Risk assessments

In this

section and

section 52, vulnerable , in relation to an individual, animal, place or thing, or a class of individuals, animals, places or things, means the following:

particularly susceptible, due to physical or geographic location or environmental factors, or other similar factors, to the adverse effects of an emergency;

having prescribed characteristics.

A risk assessment must be prepared in accordance with this

section and the regulations.

Subject to Division 2 [Duties of Regulated Entities] of this Part and the regulations, a risk assessment must identify all reasonably foreseeable hazards and assess all of the following:

the extent of the risk that each hazard presents, including

the likelihood that an emergency may occur, and

the potential scale and scope of each emergency identified under subparagraph (i);

the potential consequences for persons or property, or for objects or sites of heritage value, if an emergency occurs, giving special consideration to

individuals who may experience intersectional disadvantage, and

vulnerable individuals, animals, places or things;

any prescribed matters.

A risk assessment must be based on all of the following:

studies and surveys;

Indigenous knowledge and local knowledge, if available;

changes in the local climate or extreme weather events that can reasonably be expected to result from a changing global climate;

other relevant information that is reasonably available from prescribed sources of information or any other source;

the results of the actions required under sections 54 [consultation and coordination with local authorities] and 55 [consultation and cooperation with Indigenous peoples] .

Emergency management plans

An emergency management plan must be prepared in accordance with this

section and the regulations.

Subject to the regulations, an emergency management plan must describe at least the following:

measures that are necessary or advisable for the purposes of each phase;

the roles, powers and duties of persons identified in the plan by name, title or position;

requirements for emergency resources;

procedures for engaging emergency systems;

the emergency management training and exercise programs that will be conducted;

measures to mitigate any adverse effects of an emergency on

individuals who may experience intersectional disadvantage, and

vulnerable individuals, animals, places or things;

measures to promote cultural safety;

any prescribed matters.

In addition to the requirements of subsection (2), the emergency management plan of a local authority must

include a plan for the evacuation and care of individuals and animals in the area within the jurisdiction of the local authority,

include a description of each area, if any, that is described for the purposes of

section 120 [consultation, engagement and cooperation with Indigenous peoples] in one or more of the following:

an agreement made under

section 55 (1) (e) [consultation and cooperation with Indigenous peoples] ;

any other agreement with an Indigenous governing body, and

specify the Indigenous governing body in relation to each area described.

An emergency management plan must be based on all of the following:

all applicable risk assessments that are available;

the results of the actions required under sections 54 and 55;

any prescribed matters.

Business continuity plans

A business continuity plan must be prepared in accordance with this

section and the regulations.

A business continuity plan of a regulated entity other than a critical infrastructure owner must describe

the measures to be taken to ensure the continued delivery, during an emergency, of leadership and services necessary for the effective functioning of the regulated entity, and

any prescribed matter.

A business continuity plan of a critical infrastructure owner must describe all of the following:

the essential systems, networks, facilities or assets, or parts of any of these that must continue to function effectively during an emergency, including

the level at which services must be provided by the essential systems, networks, facilities or assets, or parts of these,

the measures to be taken to ensure the continued provision of the services, and

iii

if the services are interrupted or discontinued, the targeted period for restoring them to the level referred to in subparagraph (i);

any prescribed matter.

Consultation and coordination with local authorities

A regulated entity that is required to prepare or review and revise a risk assessment or an emergency management plan must make reasonable efforts to do all of the following, as applicable:

consult and coordinate, in accordance with the regulations, if any, with the following:

a local authority in a prescribed class of local authorities;

a person in a prescribed class of persons;

iii

without limiting subparagraph (i), in the case of a regulated entity that is a local authority, each local authority, other than the Nisg̱a'a Nation or a treaty first nation, having jurisdiction over an area that is adjacent to an area within the jurisdiction of the regulated entity;

consider any comments received from the persons with whom the regulated entity consulted in accordance with paragraph (a);

in the case of an emergency management plan, coordinate the plan with the emergency management plans, if any, of the persons with whom the regulated entity consulted in accordance with paragraph (

a) to ensure that the plans can be implemented, and emergency measures taken under them, in an integrated manner.

Consultation and cooperation with Indigenous peoples

A lead minister, local authority, public sector agency or critical infrastructure owner that is required to prepare or review and revise a risk assessment or an emergency management plan must do all of the following, as applicable:

consult and cooperate, in accordance with the regulations, if any, with the following:

each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes

an area or people in an area that may be affected by a hazard that is required to be included in the risk assessment, or

an area to which the emergency management plan applies;

without limiting subparagraph (i), in the case of a local authority,

each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes an area that is within the jurisdiction of the local authority, and

the Nisg̱a'a Nation or a treaty first nation if the Nisg̱a'a Lands or the treaty lands of the treaty first nation, as applicable, are adjacent to an area within the jurisdiction of the local authority;

consider

any comments received from the Nisg̱a'a Nation, a treaty first nation or an Indigenous governing body consulted in accordance with paragraph (a), and

the rights of the Indigenous peoples on whose behalf the Nisg̱a'a Nation, treaty first nation or Indigenous governing body referred to in subparagraph (

i) acts;

incorporate into the risk assessment or emergency management plan Indigenous knowledge, if available;

in the case of an emergency management plan, coordinate the plan with the plans, if any, of the Nisg̱a'a Nation or a treaty first nation or an Indigenous governing body consulted in accordance with paragraph (

a) to ensure that the plans can be implemented, and emergency measures taken under them, in an integrated manner;

in the case of an emergency management plan prepared by a local authority, make reasonable efforts to reach agreement respecting areas to be described in the plan for the purposes of

section 120 [consultation, engagement and cooperation with Indigenous peoples] with each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes an area that is within the jurisdiction of the local authority.

If a local authority enters into an agreement with an Indigenous governing body under subsection (1) (e), the local authority must provide to the provincial administrator a description of each area agreed to and the Indigenous governing body that is specified in the agreement in relation to each area.

Directed mitigation and preparation measures

The minister may make an order under this

section if the minister is satisfied that, based on one or more risk assessments, the order is necessary for any of the following purposes:

to mitigate a specific hazard that presents a significant risk of giving rise to an emergency;

to prepare for a specific type of hazard that presents a significant risk of becoming an emergency;

to support a specific initiative in relation to the mitigation and preparation phases.

The minister may, by order, require a regulated entity, other than a government minister, the Nisg̱a'a Nation or a treaty first nation, to provide to the provincial administrator or a lead minister one or more of the following:

information respecting particular infrastructure, facilities, equipment and related components, including maps showing the location of any of these;

with respect to a hazard,

a description of how the hazard may affect the regulated entity or persons, places and things for which the regulated entity has responsibility,

a statement of whether the regulated entity has undertaken studies or surveys of the hazard and, if so, copies of the results and any reports related to the studies or surveys, and

iii

a description of the potential consequences for persons or property, or for objects or sites of heritage value, if an emergency occurs;

if an event or circumstance referred to in paragraph (

a) of the definition of "emergency" in

section 1 (1) [definitions] has occurred, a description of

the event or circumstance and its location and cause, and

the consequences for, or the likely consequences for, the regulated entity and other persons or property, or for objects or sites of heritage value;

any prescribed information;

any information requested by the provincial administrator or lead minister.

The minister may, by order, require a regulated entity, other than a government minister, the Nisg̱a'a Nation or a treaty first nation, to do one or more of the following:

make changes to a risk assessment, emergency management plan or business continuity plan according to the directions of the minister, the provincial administrator or a lead minister;

take particular emergency measures for the purposes of the mitigation or preparation phases;

support or participate in specific emergency management training and exercise programs, including emergency planning sessions or programs relating to cultural safety or intersectional disadvantage;

obtain or upgrade infrastructure, facilities, equipment and related components, whether physical or virtual;

take a prescribed type of action.

Before making an order under subsection (3) (

b) or (d), the minister must

consult and cooperate, in accordance with the regulations, if any, with each Indigenous governing body that acts on behalf of Indigenous peoples whose traditional territory or treaty area includes an area or people in an area that will be affected by the order, and

consider

any comments received from an Indigenous governing body consulted in accordance with paragraph (a), and

the rights of the Indigenous peoples referred to in paragraph (a).

Exceptions to requirements

This

section applies despite any other provision of this Part or a regulation made in relation to this Part.

The minister may make an order under this

section if the minister is satisfied that

complying with a requirement of this Part or a regulation made in relation to this Part would cause a regulated entity undue hardship, or

a regulated entity is subject to, and is complying with, an enactment of British Columbia or Canada that imposes a requirement with respect to emergency management, and the requirement is equivalent to, or achieves the same objectives as, a requirement of this Part or a regulation made in relation to this Part.

The minister may, by order, do any of the following:

waive or modify a requirement under this Part, other than

section 55, or a regulation made in relation to this Part;

impose limits and conditions on a waiver or modification;

substitute a different requirement for one that is waived.

The minister may, for the purpose of making an order under this section, or varying or determining compliance with an order made under this section, do any of the following:

collect and use information provided by the regulator of a regulated entity;

request a regulated entity to provide information, records or proof of a matter to the minister, the provincial administrator or a lead minister.

Imposing duties on persons who are not regulated entities

The minister may, by order, require a person who is not a regulated entity to provide to the provincial administrator or a lead minister any of the information referred to in

section 56 (2)

if the minister has reason to believe that any of the circumstances referred to in subsection (3) of this

section apply, or

for the purpose of determining whether a system, network, facility or asset, or a class of any of these, should be prescribed as critical infrastructure.

If the minister has reason to believe that any of the circumstances referred to in subsection (3) apply, the minister may, by order, require a person who is not a regulated entity to do one or more of the following:

prepare and maintain a risk assessment;

prepare, maintain and implement an emergency management plan;

prepare and maintain a business continuity plan.

The circumstances for the purposes of subsections (1) (

a) and (2) are as follows:

the person engages in an activity that is or may create a hazard;

the person uses a process or property in a manner that is or may create a hazard;

a condition that is or may create a hazard exists or may exist on land that the person owns or occupies;

the person provides or may be able to provide emergency resources or the use of land.

If the minister makes an order under this section, the minister may include in the order a requirement that a person comply with one or more provisions, with or without modifications, of this Part or a regulation made in relation to this Part, as if the person were a regulated entity.

Provincial Response and Recovery Phases

Response Phase

Declaration of state of provincial emergency

If the Lieutenant Governor in Council or the minister is satisfied that an emergency is present, the Lieutenant Governor in Council or the minister, as applicable, may, by order, make a declaration of a state of provincial emergency relating to all or part of British Columbia.

A declaration must identify the nature of the emergency and the area to which the declaration applies.

The minister may make a declaration orally or in writing.

As soon as reasonably practicable after a declaration is made, the minister must,

in the case of a declaration made orally, reduce the declaration to writing and publish the declaration, and

in the case of a declaration made in writing, publish the declaration.

For certainty, a declaration of a state of provincial emergency does not affect the authority of any person to declare, continue or extend

a state of local emergency or a local recovery period under

Part 6, except to the extent that the minister has cancelled a declaration of a state of local emergency or a declaration of a local recovery period, or

an order made under another enactment with respect to an emergency within the meaning of that enactment.

Amendment or extension of declaration

The Lieutenant Governor in Council may, by order, do one or both of the following:

amend an order that makes a declaration of a state of provincial emergency with respect to the nature of the emergency or the area to which the declaration applies, or both;

extend the period for which a declaration of a state of provincial emergency applies for additional periods of not more than 28 days each.

An order made under subsection (1) (

a) to amend an order that makes a declaration does not extend or otherwise affect the period for which the declaration applies.

An order made under subsection (1) to amend an order that makes a declaration or to extend the period for which a declaration applies must

identify the order number and date of the original declaration and of each previous amendment or extension, if any, and

in the case of an extension of the period for which the declaration applies, specify the period of the extension.

As soon as reasonably practicable after an order is made under this section, the minister must publish the order.

Expiry or cancellation of declaration

Unless extended under

section 60 (1) (b), a declaration of a state of provincial emergency expires

28 days after being made by the Lieutenant Governor in Council, or

14 days after being made by the minister.

If, in the opinion of the Lieutenant Governor in Council or the minister, as applicable, the emergency to which a declaration of a state of provincial emergency relates is no longer present in an area,

the Lieutenant Governor in Council

must, by order, cancel the declaration with respect to the area if the Lieutenant Governor in Council made the declaration, and

may, by order, cancel the declaration with respect to the area if the minister made the declaration, and

the minister must, by order, cancel the declaration with respect to the area if the minister made the declaration and the declaration was not cancelled under paragraph (a) (ii).

If a declaration of a provincial recovery period is made with respect to an area in relation to which a declaration of a state of provincial emergency applies, the declaration of a state of provincial emergency is cancelled with respect to that area.

As soon as reasonably practicable after a declaration of a state of provincial emergency expires or is cancelled, the minister must publish the details of the expiry or cancellation.

Recovery Phase

Declaration of provincial recovery period

The Lieutenant Governor in Council may, by order, make a declaration of a provincial recovery period if the Lieutenant Governor in Council is satisfied of both of the following:

that the nature or scope of the emergency that is the subject of a declaration of a state of provincial emergency has subsided sufficiently in an area that it is appropriate to transition the taking of emergency measures in that area from the response phase to the recovery phase;

that the exercise in that area of one or more recovery powers is necessary for the area to recover from the emergency.

A declaration of a provincial recovery period may specify that any of the following continue to have effect during the provincial recovery period if the Lieutenant Governor in Council is satisfied that a continuation is necessary to recover from the emergency referred to in subsection (1):

an order made under

section 75 [essential matters] , other than

section 75 (1) (d),

section 76 [land and other property] , or

iii

section 78 [general restrictions] ;

a regulation made under

section 83 [modifying enactments and authorizations] ,

section 84 [modifying time periods] , or

iii

section 86 [enforcement of modified enactments and authorizations] .

A declaration of a provincial recovery period must specify all of the following:

the order number and date of the original declaration of a state of provincial emergency and of each amendment and extension, if any;

the period for which the declaration of a provincial recovery period applies if that period is less than 90 days;

the area to which the declaration of a provincial recovery period applies;

the orders and regulations referred to in subsection (2) that continue to have effect, if any, during all or part of the provincial recovery period.

As soon as reasonably practicable after a declaration of a provincial recovery period is made, the minister must publish the declaration.

Amendment or extension of declaration

The Lieutenant Governor in Council may, by order, do one or both of the following:

amend an order that makes a declaration of a provincial recovery period with respect to the area to which the declaration applies;

extend the period for which a declaration of a provincial recovery period applies for additional periods of not more than 90 days each.

An order made under subsection (1) to amend an order that makes a declaration or to extend the period for which a declaration applies must specify all of the following, as applicable:

the order number and date of the original declaration of a provincial recovery period and of each previous amendment or extension, if any;

in the case of an extension of the period for which the declaration applies, the period of the extension;

the matters referred to in

section 62 (3) (

c) and (

d) that apply in relation to the declaration as amended or extended.

Section 60 (2) and (4) [amendment or extension of declaration] applies to an order made under this section.

Expiry or cancellation of declaration

Unless extended under

section 63 (1) (b), a declaration of a provincial recovery period expires 90 days after being made or at the end of the period specified in the declaration, whichever is earlier.

The Lieutenant Governor in Council must, by order, cancel a declaration of a provincial recovery period with respect to any area

in which, in the Lieutenant Governor in Council's opinion, the exercise of recovery powers is no longer necessary for the area to recover from the emergency to which the declaration relates, or

in relation to which a new declaration of a state of provincial emergency has been made in response to an emergency that is related to the original emergency to which the declaration of a provincial recovery period relates.

A cancellation under subsection (2) (

b) must be made as soon as reasonably practicable after the new declaration of a state of provincial emergency is made.

As soon as reasonably practicable after a declaration of a provincial recovery period expires or is cancelled, the minister must publish the details of the expiry or cancellation.

General Powers and Duties

When general powers and duties apply

A person may exercise a power and must perform a duty under this Division whether or not a declaration of a state of provincial emergency or a declaration of a state of local emergency has been made.

Minister must consider comprehensive emergency management plan

Before taking any action for the purpose of responding to or recovering from an emergency, the minister must consider the comprehensive emergency management plan and any applicable emergency management plans prepared by the provincial administrator.

Coordination of response and recovery efforts

For the purpose of responding to or recovering from an emergency, the minister and the provincial administrator

must coordinate the actions of the government or, if another person is responsible for coordinating particular actions of the government, may assist the other person in coordinating the actions of the government,

may give advice and assistance to any person, and

may request a lead minister to coordinate the taking of emergency measures by prescribed public sector agencies or critical infrastructure owners, or public sector agencies or critical infrastructure owners in a prescribed class.

For the purposes of subsection (1) (a), the minister or the provincial administrator may give directions to one or more of the following:

members of the provincial emergency management organization;

government employees and persons who provide services to government under an agreement;

public sector agencies that have emergency management plans.

For the purposes of subsection (1) (c), a lead minister may give directions to a prescribed public sector agency or critical infrastructure owner, or a public sector agency or critical infrastructure owner in a prescribed class.

Requiring actions

The minister may make an order under this

section if the minister is satisfied that an order is necessary to respond to or recover from an emergency.

The minister may, by order, require any of the following to take one or more actions referred to in subsection (3):

a regulated entity other than a government minister, the Nisg̱a'a Nation or a treaty first nation;

a person required to take an action under

section 58 [imposing duties on persons who are not regulated entities] .

The actions that may be the subject of an order are as follows:

providing to the provincial administrator or a lead minister any of the information referred to in

section 56 (2) [directed mitigation and preparation measures] ;

consulting and coordinating with a person with respect to assessing an emergency and the emergency measures to be taken;

taking one or more emergency measures;

providing emergency resources or the use of land, including with respect to individuals and animals evacuated from another jurisdiction and personal property removed from another jurisdiction;

complying with the directions of the provincial administrator or a lead minister with respect to any matters referred to in paragraphs (

a) to (d).

The minister may request a government minister, the Nisg̱a'a Nation or a treaty first nation to do one or more of the things described in subsection (3).

Nothing in this

section affects the authority of any person to take, or continue to take, emergency measures set out in the person's emergency management plan.

Requirement to support others

In this section, specified authority means the following:

a local authority, other than the Nisg̱a'a Nation or a treaty first nation;

a participating authority.

The minister may make an order or request under this

section if the minister is satisfied that a person who is authorized under this Act to exercise response or recovery powers is unable to adequately respond to or recover from an emergency.

The minister may, by order, require a specified authority to take an action referred to in subsection

(5) in an area within another person's jurisdiction, or

in relation to an emergency in an area within another person's jurisdiction, as follows:

in the case of a local authority, in an area within the local authority's jurisdiction;

in the case of a participating authority, in an area that is subject to the participating authority's emergency measures agreement.

The minister may request the Nisg̱a'a Nation or a treaty first nation to take an action referred to in subsection

(5) in an area within another person's jurisdiction, or

in relation to an emergency in an area within another person's jurisdiction, in an area within the Nisg̱a'a Nation's or treaty first nation's jurisdiction.

The actions that may be the subject of an order or request under this

section are as follows:

taking one or more emergency measures;

providing emergency resources or the use of land;

complying with the directions of the provincial administrator or a lead minister with respect to a matter referred to in paragraph (

a) or (b).

If the Nisg̱a'a Nation or a treaty first nation does not intend to comply with a request made under subsection (4), the Nisg̱a'a Nation or treaty first nation must inform the minister in writing of the reasons for not complying with the request.

The minister may not make an order under subsection (3) in relation to an area within the specified land of an Indigenous people, unless an Indigenous governing body that acts on behalf of the Indigenous people consents to the order.

Regulated entity must consider emergency management plan

Before taking any action for the purpose of responding to or recovering from an emergency, a regulated entity, other than a critical infrastructure owner or local authority, that is required to prepare an emergency management plan must consider the emergency management plan.

Minister's Response Powers

When response powers may be exercised

The minister may make an order under this Division during the period for which a declaration of a state of provincial emergency applies.

Before making an order under this Division, the minister must be satisfied that any prohibitions, requirements, limits or conditions imposed, or authorizations made, under the order are necessary to respond to the emergency.

How response powers may be exercised

The minister may make an order under this Division orally or in writing.

The minister may provide in an order made under this Division that the order applies

to all or part of the area to which a declaration of a state of provincial emergency applies,

to an area to which a declaration of a state of provincial emergency does not apply,

for all or part of the period for which a declaration of a state of provincial emergency applies, and

to a person or thing, or a class of persons or things, as established by the minister.

Subsection (2) (

b) does not apply to an order made under 77 (1) [evacuations and removals] .

The minister must identify in the order the declaration of a state of provincial emergency to which the order relates.

As soon as reasonably practicable after the minister makes an order under this Division, the minister must

in the case of an order made orally, reduce the order to writing and publish the order, and

in the case of an order made in writing, publish the order.

An order made under this Division ceases to have effect on the earliest of the following dates:

the date provided for in the order;

the date on which the minister rescinds the order;

the date on which the declaration of a state of provincial emergency to which the order relates expires or is cancelled, unless the order is identified under

section 62 (2) (a) [declaration of provincial recovery period] as an order that continues to have effect.

General power to do all things necessary

The minister may, by order, do all acts and implement all procedures that the minister is satisfied are necessary to respond to an emergency.

For certainty, nothing in this Division is intended to limit the power conferred under subsection (1) of this section.

Emergency information and measures

If the minister is satisfied that a person possesses or controls information needed by another person to exercise a power or perform a duty under this Act, the minister may, by order, require the person to give the information to

the other person, or

the provincial administrator or a lead minister.

The minister may, by order, require a person to do one or both of the following:

take one or more emergency measures;

comply with the directions of the provincial administrator, a lead minister or a person in a specified class of persons, with respect to the taking of emergency measures.

Essential matters

The minister may, by order, do one or more of the following:

identify supplies, equipment or other items, services, property or facilities, or a class of any of these, as essential;

for things identified under paragraph (

a) as essential,

establish or restrain increases in prices or rents for them,

ration or otherwise provide for their distribution or use,

iii

provide for their restoration, and

prohibit or limit seizures of them or evictions from them;

authorize a person to provide a service or give assistance of a type that the person is qualified to provide or give;

require a person to provide a service or give assistance of a type that the person is qualified to provide or give;

provide for, maintain and coordinate the provision and maintenance of necessities.

Subsection (1) (b) (

i) and (iv) applies despite any enactment governing tenancies or the recovery of property.

Subsection (1) (

c) and (

d) applies despite any contract, including a collective agreement.

Land and other property

The minister may, by order, do one or more of the following:

appropriate, use or control the use of any personal property;

use or control the use of any land;

authorize the entry without warrant into any structure or onto any land by any person for the purpose of taking emergency measures;

prohibit the entry into any structure or onto any land by any person;

authorize or require the alteration, removal or demolition of any trees, crops, structures or landscapes;

authorize or require the construction, alteration, removal or demolition of works;

require the owner of a structure to

have any damage to the structure assessed, and

give the results of the assessment to the minister or a person in a class of persons specified by the minister.

The power under subsection (1) (

b) to use or control the use of land does not apply to specified land.

Evacuations and removals

The minister may, by order, do one or more of the following in relation to any area to which a declaration of a state of provincial emergency applies:

require a person to evacuate from the area;

authorize the evacuation of individuals or animals, or both, from the area;

authorize the removal of personal property from the area.

If the minister makes an order under subsection (1), the minister may arrange for

the adequate care and protection of evacuated individuals or animals, or both, and

the adequate protection of personal property that has been removed.

Unless the minister directs otherwise, the provincial administrator may do all the things that the minister may do as described under this

section with respect to any area that is not within the jurisdiction of a local authority.

Sections 71 and 72 [when and how response powers may be exercised] apply to an exercise of power under subsection (3) of this

section as if the provincial administrator were the minister.

General restrictions

The minister may, by order, control or prohibit one or more of the following:

travel to or from any area;

the carrying on of a business or a type of business;

an event or a type of event.

The minister may, by order, do one or more of the following:

require a person to stop doing an activity, including an activity that a person is licensed, permitted or otherwise authorized to do under an enactment;

put limits or conditions on doing an activity, including limits or conditions that have the effect of modifying a licence, permit or other authorization issued under an enactment.

Control of emergency fire services

The minister responsible for the administration of

section 4 (1) (b) [powers and duties of fire commissioner] of the Fire Safety Act may, by order,

assume control over one or more fire fighting and fire prevention services in British Columbia, and

designate the fire commissioner under that Act to exercise authority over those services.

Sections 71 and 72 [when and how response powers may be exercised] apply to an exercise of power under subsection (1) of this

section as if the minister referred to in subsection (1) were the minister responsible for the administration of this Act.

Lieutenant Governor in Council's Response Powers

When response powers may be exercised

The Lieutenant Governor in Council may make a regulation under this Division during the period for which a declaration of a state of provincial emergency applies.

Before making a regulation under this Division, the Lieutenant Governor in Council must be satisfied that

the regulation is necessary to respond to the emergency, and

in the case of a regulation that has the effect of modifying an enactment, the benefit of making the regulation is greater than the benefit of the continued application of the enactment without the modification.

How response powers may be exercised

Without limiting

section 41 of the

Interpretation Act , the Lieutenant Governor in Council may provide in a regulation made under this Division that the regulation applies

to all or part of the area to which a declaration of a state of provincial emergency applies,

to an area to which a declaration of a state of provincial emergency does not apply,

for all or part of the period for which a declaration of a state of provincial emergency applies, and

to a person or thing, or a class of persons or things, as established by the Lieutenant Governor in Council.

The Lieutenant Governor in Council must identify in the regulation the declaration of a state of provincial emergency to which the regulation relates.

A regulation made under this Division ceases to have effect on the earliest of the following dates:

the date provided for in the regulation;

the date on which the regulation is repealed;

the date on which the declaration of a state of provincial emergency to which the regulation relates expires or is cancelled, unless the regulation is identified under

section 62 (2) (b) [declaration of provincial recovery period] as a regulation that continues to have effect.

Retroactive application of response powers

Subject to subsection (2), the Lieutenant Governor in Council may make a regulation under this Division retroactive to a specified date.

The Lieutenant Governor in Council may not do either of the following:

make a regulation under

section 86 [enforcement of modified enactments and authorizations] that is retroactive;

make a regulation retroactive to a date that is earlier than the date on which the declaration of a state of provincial emergency to which the regulation relates was made.

A regulation made retroactive under subsection (1) is deemed to have come into force on the specified date.

Modifying enactments and authorizations

The Lieutenant Governor in Council may, by regulation, do one or more of the following:

make an exemption from one or more requirements under an enactment;

modify a requirement set under an enactment;

establish limits on the application of an enactment;

establish powers or duties that apply in place of or in addition to an enactment;

authorize issuers of licences, permits or other authorizations issued under enactments to modify, add or remove limits or conditions, or the term, of the licences, permits or other authorizations.

Modifying time periods

In this section:

statutory power of decision has the same meaning as in

section 33 [definitions for

Part 3] ;

time period means the following:

a limitation period established under an enactment;

a period of time, established under an enactment, within which

a proceeding must be commenced or a process must be begun, or

a step must be taken in a proceeding or process.

Subject to subsection (3), the Lieutenant Governor in Council may, by regulation, do one or more of the following:

suspend the running of a time period;

extend a time period;

replace a time period with a different time period;

authorize a person, tribunal or other body that, under an enactment, has a statutory power of decision to waive, suspend the running of or extend a mandatory time period relating to the exercise of that power.

A time period must not be shortened by

a regulation made under this section, or

a person, tribunal or other body acting under the authority referred to in subsection (2) (d).

A time period extended or replaced under this

section may extend beyond the date on which the declaration of a state of provincial emergency to which the regulation relates expires or is cancelled.

If the running of a time period is suspended by a regulation made under this

section or by a person, tribunal or other body acting under the authority referred to in subsection (2) (d), and the regulation, person, tribunal or body does not extend or replace the suspended time period,

the time period resumes running on the date of the expiry or cancellation of the following, whichever is later:

the declaration of a state of provincial emergency to which the regulation relates;

the declaration of a provincial recovery period that followed the declaration of a state of provincial emergency, if any, and

the period of the suspension is not to be counted for the purposes of calculating the time period.

Modifying fee requirements

If a regulation made under this Division suspends a requirement to pay a fee and does not provide for the payment of a replacement fee, no fee is payable at any time with respect to things done during the period of the suspension.

A regulation made under this Division must not increase the amount of a fee.

Enforcement of modified enactments and authorizations

The Lieutenant Governor in Council may, by regulation, specify that a failure to comply with a provision of a regulation made under this Division is to be treated as though it were a failure to comply with the enactment to which that provision relates.

Lieutenant Governor in Council's Recovery Powers

When recovery powers may be exercised

The Lieutenant Governor in Council may make a regulation under this Division during the period for which a declaration of a provincial recovery period applies.

Before making a regulation under this Division, the Lieutenant Governor in Council must be satisfied that any prohibitions, requirements, limits or conditions imposed, or authorizations made, under the regulation are necessary to recover from the emergency.

How recovery powers may be exercised

Without limiting

section 41 of the

Interpretation Act , the Lieutenant Governor in Council may provide in a regulation made under this Division that the regulation applies

to all or part of the area of British Columbia to which a declaration of a provincial recovery period applies,

to an area of British Columbia to which a declaration of a provincial recovery period does not apply,

for all or part of the period for which a declaration of a provincial recovery period applies, and

to a person or thing, or a class of persons or things, as established by the Lieutenant Governor in Council.

The Lieutenant Governor in Council must identify in the regulation the declaration of a provincial recovery period to which the regulation relates.

A regulation made under this Division, and a regulation or order continued under

section 62 (2) (

a) or (b) [declaration of provincial recovery period] , ceases to have effect on the earliest of the following dates:

the date provided for

in the declaration of a provincial recovery period, in the case of a regulation or order identified under

section 62 (2) (

a) or (b), or

in the regulation or order, in any case;

the date on which the regulation is repealed or the order is rescinded;

the date on which the declaration of a provincial recovery period to which the regulation or order relates expires or is cancelled.

A regulation or order that continues to have effect under

section 62 (2) (

a) or (

b) may not be amended during the provincial recovery period, except that provisions of a regulation may be repealed.

Recovery powers

The Lieutenant Governor in Council may, by regulation, do all the things that the minister may do as described under the following provisions:

section 75 [essential matters] , other than

section 75 (1) (d);

section 76 [land and other property] ;

section 78 [general restrictions] .

Without limiting subsection (1) (b), the Lieutenant Governor in Council may, by regulation, prohibit the entry into any structure or onto any land, by any person and for any purpose related to

protecting the health, safety or well-being of persons, or the safety of property or of objects or sites of heritage value, or

taking emergency measures to recover from the emergency.

Consultation with Indigenous Peoples

Consultation, engagement and cooperation with Indigenous peoples

In this section, specified action means an action described in subsection (2) (

a) in relation to a provision referred to in subsection (6) (a), (

b) or (

c) of this section.

This

section applies if

the minister is intending to do any of the following in relation to a provision set out in subsection (6) of this section, as applicable:

make an order;

recommend that the Lieutenant Governor in Council make a regulation;

iii

take any other action, and

the order, regulation or other action will affect an area, or the people in an area, that is

within Nisg̱a'a Lands or treaty lands of a treaty first nation, or

described for the purposes of this

section in one or more of the following:

an emergency management plan referred to in

section 39 (1) (b) [emergency management planning and information] ;

an agreement made under this Act with an Indigenous governing body.

Subject to subsection (5), the minister must, before taking an action described in subsection (2) (

a) and (b), do all of the following, as applicable:

in the case of an action that will affect an area, or the people in an area, that is referred to in subsection (2) (b) (ii), consult and cooperate, in accordance with the regulations, if any, with the Indigenous governing body that is specified in the emergency management plan or agreement, as applicable, in relation to the area;

give notice to the Nisg̱a'a Nation or treaty first nation, or an Indigenous governing body consulted in accordance with paragraph (a), as applicable, of the details of the intended action and, if applicable, of any arrangements the minister intends to make under

section 77 (2) [evacuations and removals] with respect to evacuated individuals;

consider

any comments received from the Nisg̱a'a Nation or treaty first nation or an Indigenous governing body consulted in accordance with paragraph (a), and

the rights of the Indigenous peoples on whose behalf the Nisg̱a'a Nation, treaty first nation or Indigenous governing body referred to in subparagraph (

i) of this paragraph acts.

The minister must not take an action described in subsection (2) (

a) that will affect an area, or the people in an area, that is referred to in subsection (2) (b) (

i) unless the Nisg̱a'a Nation or treaty first nation, as applicable, consents to the action being taken.

If, in the opinion of the minister, it would not be practicable to comply with subsection (3) (a), (

b) or (c), or to seek to obtain consent under subsection (4), in relation to a specified action due to an imminent risk of loss of life or risk of injury to individuals or animals, or risk of significant loss or damage to property,

the requirements of that provision do not apply, and

the minister must, as soon as reasonably practicable after taking the action, do all of the following, as applicable:

in the case of subsection (3) (a), engage and cooperate, in accordance with the regulations, if any, with the Indigenous governing body referred to in that subsection;

in the case of subsection (3) (b), give to the Nisg̱a'a Nation or treaty first nation, or an Indigenous governing body engaged in accordance with subparagraph (

i) of this paragraph, as applicable, notice of the details of the action taken and, if applicable, of any arrangements the minister made or intends to make under

section 77 (2) with respect to evacuated individuals;

iii

in the case of subsection (3) (c), consider

any comments received from the Nisg̱a'a Nation or treaty first nation or an Indigenous governing body engaged in accordance with subparagraph (

i) of this paragraph, and

the rights of the Indigenous peoples on whose behalf the Nisg̱a'a Nation, treaty first nation or Indigenous governing body referred to in clause (

A) acts.

For the purposes of subsection (2) (a), the following provisions are set out:

section 76 (1) (a), (b), (c), (d), (

e) and (f) [land and other property] ;

section 77 (1) or (2);

section 78 (1) (a) [general restrictions] ;

section 89 (1) (

b) and (c) [recovery powers] , to the extent that provision authorizes the Lieutenant Governor in Council to do things the minister may do under a provision referred to in paragraph (

a) or (

c) of this subsection;

section 89 (2).

This

section applies to the provincial administrator in relation to an exercise of power under

section 77 (3) as if the provincial administrator were the minister.

Reporting Requirements

Definition

In this Division, business day means a day other than a Saturday or a holiday.

Report on exercise of response or recovery powers

The minister must, within 5 business days from the date on which a response power or a recovery power is exercised by the minister or the Lieutenant Governor in Council, do both of the following:

submit a report to the Speaker of the Legislative Assembly on the exercise of the power;

include with the report a copy of the relevant regulation or order.

If the minister, under

section 90 (5) [consultation, engagement and cooperation with Indigenous peoples] , was of the opinion that it was not practicable to comply with subsection (3) (a), (

b) or (

c) of that section, or to seek to obtain consent under subsection (4) of that section, the report under subsection (1) of this

section must include the reasons for the minister's opinion.

Final report

The provincial administrator must prepare a report with respect to a declaration of a state of provincial emergency and, if applicable, with respect to a declaration of a provincial recovery period, that summarizes all of the following:

the nature of the emergency;

the response powers and recovery powers exercised with respect to the emergency;

any other matter as required by the minister and the regulations.

The provincial administrator must provide the report to the minister within 120 days of the expiry or cancellation of the following, whichever is later:

the declaration of a state of provincial emergency to which the report relates;

the declaration of a provincial recovery period that followed the declaration of a state of provincial emergency, if any.

The minister must, within 5 business days of receiving the report, submit a copy of the report to the Speaker of the Legislative Assembly.

Report to Legislative Assembly

If there is no Speaker of the Legislative Assembly,

the minister must submit a report made under this Division to the Clerk of the Legislative Assembly, and

the Clerk must provide the report to the Speaker as soon as possible after the Speaker's election.

The Speaker of the Legislative Assembly must, on receiving a report under this Division, table the report in the Legislative Assembly as soon as possible.

Local Authority Response and Recovery Phases

Response Phase

Declaration of state of local emergency

A declaration of a state of local emergency relating to all or part of the area within a local authority's jurisdiction may be made, by emergency instrument, by the following:

the local authority, if the local authority is satisfied that an emergency is present;

the head of the local authority, if the head

is satisfied that an emergency is present, and

has used reasonable efforts to obtain the consent, to the declaration, of the other governing members of the local authority.

A declaration of a state of local emergency must identify the nature of the emergency and the area to which the declaration applies.

As soon as reasonably practicable after a declaration is made under this section, the local authority must

give a copy of the declaration to the minister, and

publish the declaration.

Amendment or extension of declaration

Subject to this section, a local authority may, by emergency instrument, do one or both of the following:

amend an emergency instrument that makes a declaration of a state of local emergency with respect to the nature of the emergency or the area to which the declaration relates, or both;

extend the period for which a declaration of a state of local emergency applies for additional periods of not more than 14 days each.

A local authority, other than the Nisg̱a'a Nation or a treaty first nation, must not make an emergency instrument under subsection (1) unless, before the instrument is made,

in the case of a proposed extension, the local authority gives notice to the minister of the types of response powers the local authority proposes to exercise during the proposed extension,

the local authority gives to the minister a

summary of any consultation or engagement undertaken in accordance with

section 120 (3) or (5) [consultation, engagement and cooperation with Indigenous peoples] , as applicable, in relation to an action referred to in that section, which action is in respect of the declaration of a state of local emergency referred to in subsection (1) of this section, including any comments received from the Nisg̱a'a Nation, a treaty first nation or an Indigenous governing body, as applicable, and

the minister approves, in writing, the proposed amendment or extension.

The head of a local authority, other than the Nisg̱a'a Nation or a treaty first nation, must not make an emergency instrument under subsection (1) unless the head of the local authority, before making the emergency instrument, makes reasonable efforts to obtain the consent of the other governing members of the local authority.

An emergency instrument made under subsection (1) (

a) to amend an emergency instrument that makes a declaration of a state of local emergency does not extend or otherwise affect the period for which the declaration applies.

An emergency instrument made under subsection (1) to amend an emergency instrument that makes a declaration or to extend the period for which a declaration applies must

specify the date of the original declaration and of each previous amendment or extension, if any, and

in the case of an extension of the period for which the declaration applies, specify the period of the extension.

As soon as reasonably practicable after an emergency instrument is made under this section, the local authority must

give notice to the minister, and

publish the amendment or extension.

Expiry or cancellation of declaration

Unless extended under

section 96, a declaration of a state of local emergency expires 14 days after being made.

If, in the opinion of the local authority, the emergency to which a declaration of a state of local emergency relates is no longer present in an area, the local authority must, by emergency instrument, cancel the declaration with respect to the area.

The minister may, by order, cancel at any time a declaration of a state of local emergency made by a local authority, or the head of a local authority, other than the Nisg̱a'a Nation or a treaty first nation.

A declaration of a state of local emergency is cancelled with respect to any area to which a declaration of a local recovery period, made in relation to the declaration of a state of local emergency, applies.

As soon as reasonably practicable after a declaration of a state of local emergency expires or is cancelled, the local authority must

give notice to the minister, and

publish the expiry or cancellation.

Recovery Phase

Declaration of local recovery period

Subject to this section, a local authority may, by emergency instrument, make a declaration of a local recovery period.

A local authority, other than the Nisg̱a'a Nation or a treaty first nation, must not make a declaration under subsection (1) unless, before the declaration is made,

the local authority gives to the minister

notice of

the types of recovery powers the local authority proposes to exercise during the local recovery period, and

the emergency instruments referred to in subsection (4), if any, the local authority proposes would continue to have effect during all or part of the local recovery period, and

a

summary of any consultation or engagement undertaken in accordance with

section 120 (3) or (5) [consultation, engagement and cooperation with Indigenous peoples] , as applicable, in relation to an action referred to in that section, which action is in respect of the original declaration of a state of local emergency, including any comments received from the Nisg̱a'a Nation, a treaty first nation or an Indigenous governing body, as applicable, and

the minister approves, in writing, all of the following:

the area to which the declaration applies;

the emergency instruments referred to in subsection (4) that continue to have effect, if any, during all or part of the local recovery period.

The minister may give the approval referred to in subsection (2) (b) (

i) if the minister is satisfied of both of the following:

that the nature or scope of the emergency that is the subject of the declaration of a state of local emergency has subsided sufficiently in an area that it is appropriate to transition the taking of emergency measures in that area from the response phase to the recovery phase;

that the exercise in that area of one or more recovery powers is necessary for the area to recover from the emergency.

For the purposes of subsection (2) (b) (ii), the minister may approve an emergency instrument made under any of the following provisions to continue to have effect during the local recovery period if the minister is satisfied that a continuation is necessary to recover from the emergency:

section 107 (1) (a) [response powers] , to the extent that provision authorizes the local authority to do things the minister may do under

section 75 (1) [essential matters] , other than

section 75 (1) (d);

section 107 (1) (

b) and (d);

section 110 [response borrowing] .

The minister may impose prohibitions, requirements, limits or conditions on giving an approval under subsection (2) (b).

A declaration of a local recovery period must specify all of the following:

the instrument number and date of the original declaration of a state of local emergency and of each amendment and extension, if any;

the period for which the declaration of a local recovery period applies if that period is less than 90 days;

the area to which the declaration of a local recovery period applies;

in the case of a declaration made by a local authority, other than the Nisg̱a'a Nation or a treaty first nation,

the emergency instruments referred to in subsections (4) and (8) that continue to have effect, if any, during all or part of the local recovery period, and

any prohibitions, requirements, limits or conditions imposed by the minister under subsection (5), if applicable.

If the minister approves a bylaw adopted under

section 110 to continue to have effect during the local recovery period, money may be borrowed under the bylaw to pay expenses incurred in responding to or recovering from the emergency to which the declaration relates.

Unless repealed, a regulation made under

section 113 [response powers] continues to have effect during the local recovery period.

As soon as reasonably practicable after a declaration is made under subsection (1), the local authority must

give a copy of the declaration to the minister, and

publish the declaration.

Amendment or extension of declaration

Subject to subsection (2), a local authority may, by emergency instrument, do one or both of the following:

amend an emergency instrument that makes a declaration of a local recovery period with respect to the area to which the declaration applies or the recovery powers that may be exercised under the declaration, or both;

extend the period for which a declaration of a local recovery period applies for additional periods of not more than 90 days each.

A local authority, other than the Nisg̱a'a Nation or a treaty first nation, must not make an emergency instrument under subsection (1) unless, before the instrument is made,

the local authority gives to the minister a

summary of any consultation or engagement undertaken in accordance with

section 120 (3) or (5) [consultation, engagement and cooperation with Indigenous peoples] , as applicable, in relation to an action referred to in that section, which action is in respect of the declaration of a local recovery period referred to in subsection (1) of this section, including any comments received from the Nisg̱a'a Nation, a treaty first nation or an Indigenous governing body, as applicable, and

the minister approves, in writing, the proposed amendment or extension.

An emergency instrument made under subsection (1) (

a) to amend an emergency instrument that makes a declaration does not extend or otherwise affect the period for which the declaration applies.

An emergency instrument made under subsection (1) to amend an emergency instrument that makes a declaration or to extend the period for which a declaration applies must specify all of the following, as applicable:

the date of the original declaration of a local recovery period and of each previous amendment or extension, if any;

in the case of an extension of the period for which the declaration applies, the period of the extension;

the matters referred to in

section 98 (6) (

c) and (d) [declaration of local recovery period] , as applicable, that apply in relation to the declaration as amended or extended.

Section 96 (6) [amendment or extension of declaration] applies in relation to an emergency instrument made under this section.

Expiry or cancellation of declaration

Unless extended under

section 99, a declaration of a local recovery period expires 90 days after being made or at the end of the period specified in the declaration, whichever is earlier.

A local authority must, by emergency instrument, cancel a declaration of a local recovery period with respect to any area

in which, in the local authority's opinion, the exercise of recovery powers is no longer necessary for the area to recover from the emergency to which the declaration relates, or

in relation to which a new declaration of a state of local emergency has been made in response to an emergency that is related to the original emergency to which the declaration of a local recovery period relates.

A cancellation under subsection (2) (

b) must be made as soon as reasonably practicable after the new declaration of a state of local emergency is made.

Section 97 (3) and (5) [expiry or cancellation of declaration] applies in relation to a decla