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Bill 238, Emergency Management Modernization Act, 2024

Jones, Hon. Trevor Associate Minister of Emergency Preparedness and Response

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Bill 238 Original (PDF)

EXPLANATORY

NOTE

SCHEDULE 1

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

The

Schedule amends the Emergency Management and Civil

Protection Act . The Act is amended to add a purpose provision in

section

0.1, and to remove references to the Solicitor General and replace them with

references to the Minister, as defined. As well, a new definition of “emergency

management” is added to

section 1. The Act is also amended to add headings and

to make a number of minor corrections.

Various

amendments are made to the Act respecting emergency management governance,

roles and responsibilities:

Section

2 is re-enacted to set out significant aspects of the Minister’s powers, duties

and functions under the Act. The Minister may delegate powers, duties and

functions to the Commissioner of Emergency Management. Under the re-enacted

section 2.0.1, the Minister is responsible for developing and maintaining a

provincial emergency management strategy that outlines strategic emergency

management objectives for the Province.

2. A

new

section 2.0.2 continues the office of the Commissioner of Emergency

Management and sets out significant aspects of the Commissioner’s powers,

duties and functions. The Commissioner is required to establish an advisory

committee to provide advice on the co-ordination of emergency management. The

Commissioner is also required to co-ordinate the deployment or use of

personnel, services, equipment, materials and facilities that are available to

the Commissioner to support emergency management, to be known as “Ontario

Corps”. The Commissioner may delegate powers, duties and functions to a public

servant.

3. The

office of the Chief, Emergency Management Ontario is removed from the Act.

4. A

provincial emergency management organization that forms part of the Minister’s

Ministry is mandated under the new

section 2.0.3, to assist the Minister in the

co-ordination of emergency management in Ontario.

5. Under

the new

section 2.0.4, an advisory committee of the Executive Council is

established statutorily.

Section

6.2 of the current Act, which requires that emergency plans developed under the

Act be submitted to the Chief, Emergency Management Ontario, is repealed.

Instead, a new

section 9.1 is added to the Act. The new

section requires every

entity that must develop an emergency plan under the Act to submit a copy of it

to the Minister. The Minister may require information on emergency management

programs and emergency plans to be submitted to the Minister and, if the

Minister is satisfied that a program or plan does not meet the requirements of

the Act, the Minister may issue a directive requiring the program or plan to be

modified.

7. A

new

section 9.2 permits the Minister to issue guidelines respecting the

development or implementation of emergency management programs and emergency

plans, or any other matter related to emergency management.

Various

other amendments are made to the Act respecting emergency management under the

Act by municipalities, provincial entities and other specified entities.

Emergency plans are also renamed “emergency management plans”.

Section

2.1, which requires municipalities to develop and implement an emergency

management program, is amended so that regulations made under the Act can set

out rules respecting their development and implementation. Subsection 2.1

(1) specifies that a municipality’s emergency management program must contain an

emergency management plan, in addition to anything else required under the Act.

The re-enacted

section 3 addresses the requirements of the emergency management

plan that forms part of a municipality’s emergency management program.

2. Similarly,

section 5.1, which requires ministers of the Crown and designated government

entities (as defined in

section 1) to develop and implement an emergency

management program, is amended so that regulations made under the Act can set

out rules respecting their development and implementation. And subsection 5.1

(1) specifies that these programs must contain an emergency management plan.

The re-enacted

section 6 addresses requirements of the emergency management

plan that forms part of a minister’s or designated government entity’s

emergency management program.

3. A

re-enacted

section 6.2 of the Act provides authority for the Lieutenant

Governor in Council to require specified entities that operate or provide

critical infrastructure to develop and implement an emergency management

program, an emergency management plan or both, in accordance with the

regulations.

4. The

re-enacted

section 6.0.1 requires the Lieutenant Governor in Council to develop

and issue a provincial emergency management planning framework that contains

the information listed in the section. All emergency management plans under the

Act must conform with this planning framework.

5. The

regulation-making authority necessary to support the amendments respecting

emergency management are contained in the re-enacted

section 14.

Finally,

section 4 of the Act, respecting municipal emergency declarations, is

re-enacted to specify conditions that must be met by the head of council of a

municipality before declaring an emergency and the effect of a declaration.

Sections 7 to 7.2 of the Act, dealing with provincial emergency declarations,

are unamended except consequentially and to make minor changes.

SCHEDULE 2

MINISTRY OF COMMUNITY AND SOCIAL SERVICES ACT

The

Ministry of Community and Social Services Act is

amended to authorize the Minister to issue directives to entities prescribed by

the regulations made under the Act that receive funding from the Minister to

provide community and social services with respect to any extraordinary matters

prescribed by those regulations and the provision of those community and social

services. In cases of non-compliance with a directive, the Minister is

authorized to issue an order requiring entities to, for example, do anything to

achieve compliance with the directive. An offence of knowingly contravening an

order issued by the Minister is established. In addition, amendments are made

to the French versions of subsection 9 (4) and clause 13 (1) (

g) of the Act.

Bill 238 2024

Act to make statutory amendments respecting emergency management and

authorizing enforceable directives to specified entities providing

publicly-funded community and social services

CONTENTS

Preamble

Contents

of this Act

Commencement

Short

title

Schedule 1

Emergency

Management and Civil Protection Act

Schedule 2

Ministry

of Community and Social Services Act

Preamble

The

Government of Ontario is working to help build stronger, safer communities that

are better prepared for emergencies, including by providing opportunities for

people and organizations throughout Ontario to support emergency management in

the Province.

Therefore,

His Majesty, by and with the advice and consent of the Legislative Assembly of

the Province of Ontario, enacts as follows:

Contents

of this Act

1 This

Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Except

as otherwise provided in this section, this Act comes into force on the day it

receives Royal Assent.

(2) The

Schedules to this Act come into force as provided in each Schedule.

(3) If

a

Schedule to this Act provides that any provisions are to come into force on a

day to be named by proclamation of the Lieutenant Governor, a proclamation may

apply to one or more of those provisions, and proclamations may be issued at

different times with respect to any of those provisions.

Short

title

3 The

short title of this Act is the Emergency Management Modernization Act, 2024 .

SCHEDULE 1

EMERGENCY MANAGEMENT AND CIVIL PROTECTION ACT

The Emergency Management and Civil Protection Act

is amended by adding the following section:

Purposes

and

Interpretation

Purposes

of this Act

0.1 The

purposes of this Act are,

(

a) to

provide for emergency management to safeguard the health, safety, welfare and

property of the people of Ontario;

(

b) to

facilitate co-ordination as part of emergency management, including amongst,

(

i) individuals,

(ii) municipalities,

(iii) Indigenous

communities,

(iv) organizations

in the public and private sectors,

(

v) federal,

provincial and territorial governments, and

(vi) international

organizations; and

(

c) to

provide for emergency powers.

(1) Section 1 of the Act is amended by adding the following

definition:

“designated

government entity” means a prescribed Government of Ontario agency, board,

commission or other entity, other than a ministry; (“entité gouvernementale

désignée”)

(2) Section

1 of the Act is amended by adding the following

definitions:

“emergency

management” means organized activities undertaken to prevent, mitigate, prepare

for, respond to and recover from emergencies; (“gestion des situations

d’urgence”)

“Minister”

means the President of the Treasury Board or such other member of the Executive

Council to whom administration of this Act is assigned under the Executive Council Act ; (“ministre”)

“provincial

emergency management organization” means the entity required under

section

2.0.3; (“organisme provincial de gestion des situations d’urgence”)

(3) Section

1 of the Act is amended by adding the following definition:

“emergency

management plan” means an emergency management plan developed under this Act;

(“plan de gestion des situations d’urgence”)

(4) The

definition of “emergency management program” in

section 1 of the Act is

repealed and the following substituted:

“emergency

management program” means an emergency management program developed under this

Act; (“programme de gestion des situations d’urgence”)

(5) The

definition of “emergency plan” in

section 1 of the Act is repealed.

(6) The

definition of “local services board” in

section 1 of the Act is amended by

striking out “ Local Services Boards Act ” and

substituting “ Northern Services Boards Act ”.

(7) Section

1 of the Act is amended by adding the following definition:

“provincial

planning framework” means the provincial emergency management planning

framework issued under

section 6.0.1; (“cadre provincial de planification”)

(1) Sections 2 and 2.0.1 of the Act are repealed and the following

substituted:

Governance

Minister’s

responsibilities

(1) The

Minister shall provide leadership in and ensure co-ordination of emergency

management in Ontario.

Powers,

duties and functions

(2) For

the purposes of this Act, the Minister,

(

a) may

monitor and assess hazards, risks, vulnerabilities, resources and facilities in

Ontario, which may include,

(

i) authorizing

surveys or studies to identify and record actual or potential hazards, risks

and vulnerabilities that could cause or exacerbate an emergency in any part of

Ontario, and

(ii) authorizing

surveys or studies of resources and facilities to maintain and provide

information necessary for the effective development of emergency management

programs and emergency plans;

(

b) may

monitor, review, assess and advise on the development and implementation of

emergency management programs and emergency plans;

(

c) may

co-ordinate or deliver training or exercises for the effective implementation

of emergency management programs and emergency plans;

(

d) may

oversee the co-ordination of the deployment and use of Ontario Corps under

subsection 2.0.2 (4) by the Commissioner of Emergency Management;

(

e) may

promote public awareness of matters related to emergency management;

(

f) may

enter into agreements or other arrangements, such as mutual aid arrangements;

(

g) may

liaise with individuals or entities including municipalities, Indigenous

communities, organizations in the public and private sectors, federal,

provincial and territorial governments and international organizations; and

(

h) may

exercise any other prescribed powers and shall perform any other prescribed

duties or functions.

Delegation

(3) The

Minister may delegate, in writing, any of the Minister’s powers, duties or

functions under this Act to the Commissioner of Emergency Management, subject

to any conditions set out in the delegation.

Same

(4) Subsection

(3) does not apply with respect to powers, duties or functions under sections

7.0.1 to 7.2.

Provincial

emergency management strategy

2.0.1

(1) The Minister

shall develop a provincial emergency management

strategy that outlines strategic emergency management objectives for the

Province.

Annual

report

(2) The

Minister shall prepare an annual report on the provincial emergency management

strategy detailing the progress that has been made on achieving the strategic

emergency management objectives.

Review

(3) At

least every five years, the Minister shall review the provincial emergency

management strategy and revise it as needed.

Public

availability

(4) The

Minister shall make the provincial emergency management strategy and the annual

reports available to the public on a website of the Government of Ontario or in

such other manner as may be prescribed.

Not

a regulation

(5) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply with respect to the provincial emergency

management strategy.

Commissioner

of Emergency Management

2.0.2

(1) The

Lieutenant Governor in Council shall appoint a Commissioner of Emergency

Management, who shall operate under the Minister’s direction.

Powers,

duties and functions

(2) The

Commissioner of Emergency Management,

(

a) shall

direct the operations of the provincial emergency

management organization ; and

(

b) may

exercise the powers and shall perform the duties and functions that may be

prescribed or delegated to the Commissioner.

Advisory

committee

(3) The

Commissioner of Emergency Management shall establish a committee, comprised of

public servants selected by the Commissioner, that shall advise the

Commissioner, the Minister and the Cabinet advisory committee established under

section 2.0.4 with respect to the co-ordination of emergency management.

Co-ordination of resources

(4) The

Commissioner of Emergency Management shall co-ordinate the deployment or use of

personnel, services, equipment, materials and facilities that are available to

the Commissioner for the purposes of this subsection to support emergency

management.

Ontario

Corps

(5) The

personnel, services, equipment, materials and facilities referred to in

Reporting

(6) The

Commissioner of Emergency Management shall annually report to the Minister on

the operations of the provincial emergency management organization and any

other information specified by the Minister.

Delegation

(7) The

Commissioner of Emergency Management may delegate, in writing, any of the

Commissioner’s powers, duties or functions, including a power, duty or function

delegated to the Commissioner by the Minister under subsection 2 (3), to a

public servant, subject to any conditions set out in the delegation.

Same

(8) Subsection

(7) does not apply with respect to powers, duties or functions under sections

7.0.1 to 7.2.

Transition

(9) The

individual who held the position of the Commissioner of Emergency Management

immediately before the day subsection 3 (1) of

Schedule 1 to the Emergency Management Modernization Act, 2024 came into

force continues in that position until the end of their appointment.

Provincial

emergency management organization

2.0.3 There shall be a

provincial emergency management organization that forms part of the Minister’s

Ministry, which shall operate under the direction of the Commissioner of Emergency

Management to assist the Minister in the co-ordination of emergency management

in Ontario.

Cabinet

advisory committee

2.0.4

(1) A committee

of the Executive Council is established for the purposes of this Act.

Composition

(2) The

committee shall be comprised of a chair, vice-chair and members appointed by

the Lieutenant Governor in Council from among the members of the Executive

Council.

Secretary

(3) The

Commissioner of Emergency Management shall act as the secretary to the

committee.

Duties and functions

(4) The

committee shall,

(

a) perform

any advisory duties or functions that the Executive Council directs, which may

include direction to advise the Executive Council on the co-ordination of

emergency management under this Act; and

(

b) report

to the Executive Council at least annually on its activities.

Transition

(5) The

members of the committee immediately before the day subsection 3 (1) of

Schedule 1 to the Emergency Management Modernization Act,

2024 came into force continue in that position until the end of their

appointment.

(2) Subsection

2.0.2 (2) of the Act, as enacted by subsection (1), is amended by striking out

“and” at the end of clause (

a) and by adding the following clause:

(a.1) shall

co-ordinate implementation of the provincial planning framework; and

(3) Subsection

2.0.2 (6) of the Act, as enacted by subsection (1), is amended by striking out

“the provincial emergency management organization and any other information”

and substituting “the provincial emergency management organization, the

implementation of the provincial planning framework and any other information”.

The Act is amended by adding the following heading immediately before

section

2.1:

Municipal

Emergency Management and Declaration of Emergency

Subsections 2.1 (1) and (2) of the Act are repealed and the following

substituted:

Emergency

management program, municipalities

(1) Every

municipality shall, in accordance with the regulations, develop and implement an

emergency management program that contains the emergency management plan

required by

section 3 and meets the requirements of this

section and the

regulations.

Adoption

(2) The

council of the municipality shall by by-law adopt the emergency management

program.

Joint

program

(2.1) A

regulation made for the purposes of subsection (1) may provide for the

development and implementation of an emergency management program jointly by

two or more municipalities.

Section 3 of the Act is repealed and the following substituted:

Emergency

management plan, municipalities

(1) Every

municipality shall, in accordance with the regulations, develop and implement an

emergency management plan that conforms to the provincial planning framework and

meets the prescribed requirements.

Adoption

(2) The

council of the municipality shall by by-law adopt the emergency management plan.

Specific

emergency

(3) A

regulation made for the purposes of subsection (1) may require one or more

municipalities to address a specific type of emergency in their emergency

management plans.

Joint

plan

(4) A

regulation made for the purposes of subsection (1) may provide for the

development and implementation of an emergency management plan jointly by two

or more municipalities.

Section 4 of the Act is repealed and the following substituted:

Declaration

of emergency

(1) The

head of council of a municipality may, subject to subsection (2), declare that

an emergency exists in all or part of the municipality.

Preconditions

(2) The

head of council shall not declare an emergency without,

(

a) consulting

the municipality’s emergency management plan; and

(

b) being

satisfied that the taking of an action authorized under subsection (3) is

necessary to address the situation or impending situation without the risk of

serious delay.

Effect

of declaration

(3) If

the head of council declares an emergency, the head of council is authorized to

take action under the municipality’s emergency management plan to the extent

necessary to protect property and the health, safety and welfare of the inhabitants

of the emergency area for the duration of the declared emergency.

Limitation

(4) For

greater certainty, nothing in subsection (3) authorizes the head of council to

do anything that is contrary to law.

Termination

by municipality

(5) The

head of council or the council of a municipality may at any time declare that

the emergency has terminated.

Minister

to be notified

(6) The

head of council shall ensure that the Minister is promptly notified of a

declaration made under subsection (1) or (5).

Termination

by Premier

(7) The

Premier of Ontario may at any time declare that the emergency has terminated.

Reporting

to the public

(8) The

head of council or such other person as may be specified in the municipality’s

emergency management plan for the purposes of this subsection shall report

regularly to the public respecting the declared emergency until it has

terminated.

Reporting

to council

(9) The

head of council shall, every 30 days until the declared emergency has

terminated, report to the council of the municipality outlining the reasons why

it remains necessary for the emergency declaration to be in effect.

Reporting

to Minister

(10) The

head of council of the municipality shall, within the prescribed period of time

after the termination of the emergency, provide a written report to the

Minister respecting the emergency, which shall include,

(

a) the

date and time the emergency was declared;

(

b) the

date and time the termination of the emergency was declared;

(

c) an

explanation of why the head of council declared the emergency, including why

the head of council was satisfied that the condition in clause (2) (

b) was met;

and

(

d) any

other prescribed information.

Request

for assistance

(11) For

greater certainty, the head of council or the council of a municipality may

request assistance respecting an emergency from the provincial emergency

management organization, the Commissioner of Emergency Management or the

Minister without declaring an emergency under this section.

Section 5 of the Act is repealed.

The Act is amended by adding the following heading immediately before

section

5.1:

Provincial

Emergency Management

(1) Subsections 5.1 (1) and (2) of the Act are repealed and the

following substituted:

Emergency

management program, provincial bodies

(1) Every

minister of the Crown presiding over a ministry of the Government of Ontario, and

every designated government entity, shall, in accordance with the regulations,

develop and implement an emergency management program that meets the

requirements of this

section and the regulations.

Hazard

and risk assessment and infrastructure identification

(2) In

developing an emergency management program, every minister of the Crown and

designated government entity shall identify and regularly monitor and assess

the various hazards and risks to public safety that could give rise to

emergencies and identify the facilities and other elements of the

infrastructure for which the minister or designated government entity is

responsible that are at risk of being affected by emergencies.

(2) Subsection

5.1 (2.2) of the Act is amended by striking out “to the Chief, Emergency Management

Ontario annually and at any other time requested by the Chief” at the end and

substituting “to the Commissioner of Emergency Management annually and at any

other time requested by the Commissioner”.

(3) Subsection

5.1 (2.2) of the Act, as amended by subsection (2), is amended by striking out

“designated agency, board, commission and other branch of government” and

substituting “designated government entity”.

Sections 6 and 6.0.1 of the Act are repealed and the following substituted:

Emergency

management plan, provincial bodies

(1) Every

minister of the Crown presiding over a ministry of the Government of Ontario

and every designated government entity shall, in accordance with the

regulations, develop and implement an emergency management plan in respect of

the matters specified in subsection (2) that conforms to the provincial

planning framework and meets the prescribed requirements.

Same

(2) The

emergency management plan shall address,

(

a) the

type of emergency specified by the regulations for the minister’s ministry or

the designated government entity;

(

b) the

emergency management functions specified by the regulations for the minister’s

ministry or the designated government entity; and

(

c) any

other prescribed emergency management matter.

Nuclear,

radiological emergencies

(3) For

the purposes of clause (2) (a), the regulations shall specify nuclear

emergencies and radiological emergencies for at least one ministry or

designated government entity.

Not

a regulation

(4) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply with respect to emergency management plans

under this section.

Provincial

emergency management planning framework

6.0.1

(1) The

Lieutenant Governor in Council shall develop and issue a provincial emergency

management planning framework that meets the requirements of this section.

Same

(2) The

planning framework shall consist of,

(

a) a

description of how the Province will co-ordinate all aspects of emergency

management at the provincial level;

(

b) a

description of how the Province will ensure continuity of government operations

during an emergency;

(

c) a

description of how the Province will co-ordinate emergency management of nuclear

emergencies and radiological emergencies; and

(

d) a

framework for accountability and governance during emergencies that

articulates,

(

i) the

roles and responsibilities of the Minister, the Commissioner of Emergency

Management and the advisory committees established under subsection 2.0.2 (3)

and

section 2.0.4 during an emergency, and

(ii) the

roles and responsibilities of each minister of the Crown presiding over a

ministry of the Government of Ontario during an emergency.

Training

and exercises

(3) The

Minister shall conduct training programs and exercises respecting the planning framework’s

implementation.

Review

(4) At

least every five years, the Lieutenant Governor in Council shall review the

planning framework and issue a revised planning framework as needed.

Public

availability

(5) The

Minister shall make the planning framework available to the public on a website

of the Government of Ontario or in such other manner as may be prescribed.

Reporting

(6) The

Minister shall report annually on the planning framework to the Cabinet advisory

committee established under

section 2.0.4.

Not

a regulation

(7) For

greater certainty,

Part III (Regulations) of the Legislation

Act, 2006 does not apply with respect to the planning framework.

Section 6.1 of the Act is repealed.

(1) Clause 6.1.1 (2) (

a) of the Act is repealed and the following

substituted:

(

a) the

roles and responsibilities of the Minister, the Commissioner of Emergency

Management and the advisory committees established under subsection 2.0.2 (3)

and

section 2.0.4 during an emergency; and

(2) Subsection

6.1.1 (4) of the Act is amended by striking out “The Solicitor General,

Commissioner of Emergency Management and Chief, Emergency Management Ontario”

at the beginning and substituting “The Minister, the Commissioner of Emergency

Management”.

(3) Section

6.1.1 of the Act, as amended by subsections (1) and (2), is repealed.

(1) Section 6.2 of the Act is repealed.

(2) The

Act is amended by adding the following section:

Critical

Infrastructure Emergency Management

Requirements

re emergency management

Definition

6.2

(1) In this

section,

“critical infrastructure entity” means an

entity that operates or provides critical

infrastructure .

Requirement

to develop, implement program or plan

(2) A

prescribed critical infrastructure entity shall develop and implement an

emergency management program, emergency management plan or both, as specified

by the regulations.

Same

(3) An

emergency management program or emergency management plan required under

subsection (2) shall,

(

a) be

developed and implemented in accordance with the regulations; and

(

b) meet

the prescribed requirements and, in the case of an emergency management plan,

also conform to the provincial planning framework.

The Act is amended by adding the following heading immediately before

section

Provincial

Declaration of Emergency

The definition of “municipality” in

section 7 of the Act is amended by striking

out “of a municipality”.

Paragraph 1 of subsection 7.0.2 (4) of the Act is repealed and the following

substituted:

1. Implementing

any emergency management plans.

Subsection 7.0.3 (1) of the Act is amended by striking out “of the Legislature”

at the end.

The Act is amended by adding the following heading immediately before

section

Miscellaneous

and Regulations

Sections 8, 8.1 and 9 of the Act are repealed.

The Act is amended by adding the following sections:

Review

of emergency management programs and plans

9.1

(1) In this

section,

“regulated

entity” means a person or entity, other than the Lieutenant Governor in

Council, that is required under this Act to develop an emergency management

program or emergency plan.

Submission

requirements re plans

(2) Every

regulated entity shall submit a copy of its emergency plan and of any revisions

to it to the Minister, and shall ensure that the Minister has the most current

version.

Further

information on request

(3) If

required by the Minister for the purposes of clause 2 (2) (b), a regulated

entity shall submit to the Minister any information, including written

information, respecting its emergency management program or emergency plan that

the Minister specifies, within the time and in the manner that the Minister

specifies.

Directives

(4) If

the Minister is satisfied that an emergency management program or emergency

plan does not meet the requirements of this Act, the Minister may issue a

directive to the regulated entity to make the modifications to the program or

plan that the Minister specifies in the directive, within the time specified in

the directive.

Minister’s

guidelines

9.2

(1) The

Minister may issue guidelines respecting the development or implementation of

emergency management programs and emergency plans, or any other matter related

to emergency management.

Same

(2) For

greater certainty, the guidelines may include guidance on,

(

a) the

objectives of emergency management programs and emergency plans;

(

b) the

adequacy, effectiveness, co-ordination and continuous improvement of such

programs and plans; and

(

c) performance

indicators for such programs and plans.

Public

availability

(3) The

Minister shall make the guidelines available to the public on a website of the

Government of Ontario or in such other manner as may be prescribed.

Section 10 of the Act is repealed.

The definition of “municipality” in subsection 11 (5) of the Act is amended by

striking out “of a municipality”.

Section 12 of the Act is repealed and the

following substituted:

Right

of action

(1) If

money is expended or cost is incurred by a municipality or the Crown in

connection with an emergency, including for the implementation of an emergency

plan during an emergency, the municipality or the Crown, as the case may be,

has a right of action against any person who caused the emergency for the

recovery of such money or cost.

Definition

(2) In

subsection (1),

“municipality”

includes a local board and, despite subsection 6 (2) of the Northern Services Boards Act , a local services board.

(1) Subsection 13 (1) of the Act is amended by striking out “and the

formulation and implementation of emergency plans” at the end and substituting

“and emergency management plans”.

(2) Subsection

13 (2) of the Act is amended by striking out “and with the Crown in right of

any other province” and substituting “or with the government of any other

province or territory of Canada”.

(1) Sections 14 and 14.1 of the Act are repealed and the following

substituted:

Regulations

The

Lieutenant Governor in Council may make regulations governing anything

necessary or advisable for the effective administration and implementation of

this Act, including regulations,

(

a) respecting

anything that, under this Act, may or must be prescribed or done by regulation;

(

b) defining

words and expressions used in this Act that are not otherwise defined in this

Act;

(

c) governing

the development and implementation of emergency management programs for the

purposes of sections 2.1 and 5.1, including,

(

i) governing

the contents of emergency management programs and specifying other requirements

that they must meet, and

(ii) governing

the identification and assessment of matters under subsections 2.1 (3) and 5.1

(2);

(

d) governing

the development and implementation of emergency management plans for the

purposes of sections 3 and 6, including,

(

i) governing

the contents of emergency management plans and specifying other requirements

that they must meet, and

(ii) requiring

and governing training programs and exercises to ensure the readiness of

specified persons to act under an emergency management plan;

(

e) requiring

emergency management plans to be made public and governing the requirement,

including providing that specified content be excluded from the requirement;

(

f) governing

transitional matters that may arise from amendments made to this Act.

(2) Section

14 of the Act, as re-enacted by subsection (1), is amended by adding the

following clause:

(d.1) for

the purposes of

section 6.2,

(

i) prescribing

critical infrastructure entities for the purposes of subsection 6.2 (2), and

requiring them to develop an emergency management program, emergency management

plan or both,

(ii) governing

the development and implementation of emergency management programs required

under subsection 6.2 (2), including governing the contents of emergency

management programs and specifying other requirements that they must meet, and

(iii) governing

the development and implementation of emergency management plans required under

subsection 6.2 (2), including,

(

A) governing

the contents of emergency management plans and specifying other requirements

that they must meet, and

(

B) requiring

and governing training programs and exercises to ensure the readiness of

specified persons to act under an emergency management plan;

The Act is amended by striking out “Solicitor General” wherever it appears and

substituting in each case “Minister”.

The Act is amended by striking out “emergency plan” and “emergency plans”

wherever they appear and substituting in each case “emergency management plan”

and “emergency management plans” respectively.

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Emergency Management

Modernization Act, 2024 receives Royal Assent.

(2) Subsections

2 (1), (3), (4), (5) and (7) and 3 (2) and (3), sections 5 to 8, subsections 10

(1) and (3),

section 11, subsections 13 (3) and 14 (2), sections 17, 20, 22 and

24, subsection 25 (1) and sections 26 and 28 come into force on a day to be

named by proclamation of the Lieutenant Governor.

SCHEDULE 2

MINISTRY OF COMMUNITY AND SOCIAL SERVICES ACT

The Ministry of Community and Social Services Act

is amended by adding the following sections:

Directives

6.1

(1) The

Minister may issue directives to entities prescribed by the regulations made

under this Act that receive funding from the Minister to provide community and

social services with respect to any extraordinary matters prescribed by those

regulations and the provision of those community and social services.

Binding

(2) An

entity to whom a directive is issued shall comply with it.

General

or particular

(3) A

directive may be general or particular in its application.

Law

prevails

(4) For

greater certainty, a provision of any applicable Act prevails in the event of a

conflict between the provision and a directive issued under this section.

Public

availability

(5) The

Minister shall make every directive issued under this

section available to the

public.

Non-application

of Legislation Act, 2006

(6) Part

III (Regulations) of the Legislation Act, 2006 does

not apply to a directive issued under this section.

Compliance

orders

6.2

(1) If the

Minister has reasonable grounds to believe that an entity has failed to comply

with a directive issued under subsection 6.1 (1), the Minister may issue an

order requiring the entity to do either or both of the following:

1. Do

anything, or refrain from doing anything, to achieve compliance with the

directive within the time period specified in the order.

2. Submit

and implement, within the time period specified in the order, a plan for

achieving compliance with the directive.

Compliance

required

(2) An

entity to whom an order is issued shall comply with it within the time

specified in it and, if the entity fails to do so, any funding provided to the

entity by the Minister may be reduced or terminated at the discretion of the

Minister.

Public

availability

(3) The

Minister,

(

a) may

make an order issued under this

section available to the public; and

(

b) shall

make a

summary of each order issued under this

section available to the public

in accordance with the regulations.

Offence

(4) Every

person who knowingly contravenes an order issued under subsection (1) and every

director or officer of a corporation who knowingly concurs in such

contravention is guilty of an offence and on conviction is liable to,

(

a) in

the case of an individual, a fine of not more than $5,000; or

(

b) in

any other case, a fine of not more than $25,000.

The French version of subsection 9 (4) of the Act is amended by striking out

“participe” and substituting “consent”.

The French version of clause 13 (1) (

g) of the Act is repealed and the

following substituted:

g) autoriser

le ministre à faire fonctionner et à gérer l’établissement ou l’organisation

assujetti à son contrôle en vertu de l’alinéa e) et, à cette fin et malgré les

articles 25 et 39 de la

Loi sur l’expropriation ,

autoriser le ministre à occuper et à faire fonctionner sans délai des locaux

qu’occupe ou utilise l’établissement ou l’organisation ou à prendre des

dispositions pour qu’une personne ou une organisation qu’il désigne occupe et fasse fonctionner ces locaux , sans que cela

ait une incidence sur les droits que cette loi confère au propriétaire, à

l’exception du droit de possession.

Section 17 of the Act is amended by adding the following clause:

(

a) prescribing

entities or extraordinary matters for the purposes of subsection 6.1 (1) and

the manner in which summaries of compliance orders under

section 6.2 are to be

made available to the public;

Commencement

(1) Except as otherwise provided in this section, this

Schedule

comes into force on the day the Emergency Management

Modernization Act, 2024 receives Royal Assent.

(2) Sections

1 and 4 come into force on a day to be named by proclamation of the Lieutenant

Governor.

Date Bill stage Event Outcome Committee

December 9, 2024

First Reading

Ordered for Second Reading

December 9, 2024

First Reading

Vote

Carried

First Reading

December 9, 2024

Carried

Ordered for Second Reading