First

Session, 50th General Assembly

Elizabeth II, 2022

BILL 41

AN ACT RESPECTING A

PROVINCE-WIDE 911 SERVICE FOR THE REPORTING OF EMERGENCIES

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HOGAN, QC

Minister of Justice

and Public Safety and Attorney General

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace the Emergency 911 Act .

The Bill would dissolve the NL 911 Bureau as an

independent not-for-profit corporation and integrate the functions of the corporation

within the Department of Justice and Public Safety.

A BILL

AN ACT RESPECTING A PROVINCE-WIDE 911

SERVICE FOR THE REPORTING OF EMERGENCIES

Analysis

Short title

Definitions

Labrador Inuit rights

Crown successor

Emergency 911 service

Participation required

Duties of minister

Delegation

Primary public safety answering point

Public safety answering points

Emergency response zones to be disclosed

Advance notice of changes

Civic addresses

Fees for emergency 911 service

Agreement re: service

Information sharing agreement

Agreement re: collection of fees

Restriction on information supplied

Prohibitions

Offence and penalty

No liability

Lieutenant-Governor in Council

regulations

Ministerial regulations

Forms

SNL2008 cF-11.01 Amdt.

SNL2016 cI-2.1 Amdt.

SNL2014 cE-7.2 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Emergency 911 Act,

Definitions

2. In

this Act

(a) "automatic alarm system" means a mechanical, electrical or electronic device that

transmits a telephone signal when actuated and that is designed or used

(

i) for the detection of

an unlawful act in, or unauthorized entry into, a building, structure, facility

or vehicle,

(ii) for the detection of

a fire or other dangerous condition in a building, structure, facility or

vehicle, or

(iii) t o detect and

produce a signal, or a warning of a medical or other emergency

(

A) in a place, or

(

B) relating to a

person;

(b) "automatic dialing or automatic

announcing device" means equipment incorporating

the capability of storing or producing telephone numbers to be called, used

alone or in conjunction with other equipment to convey a pre-recorded voice

message to the telephone number called;

(c) "civic address" means a unique number, street or road name, and municipality name

given to a commercial, residential or other property;

(d) "corporation" means the NL 911

Bureau Inc. established under the former Act;

(e) "emergency response zone" means a

geographical area in the province in which an emergency service provider

provides emergency services;

(f) "emergency service provider" means

(

i) the Royal Newfoundland

Constabulary,

(ii) the Royal Canadian

Mounted Police,

(iii) a fire department

organized to serve an area of the province,

(iv) an ambulance service

organized to serve an area of the province, and

(

v) those other persons

or services which may be designated as emergency service providers by the

minister;

(g) "emergency 911 telephone call" means

a n emergency telephone call to a primary public

safety answering point using the digits "911", and includes those

other communications which may be prescribed in the regulations;

(h) "emergency 911 service" means the province-wide emergency service established under the

former Act that connects a person to emergency service providers through a

public safety answering point, and includes the province-wide radio

communication network to be used by emergency service providers;

(i) "exchange service" means a

landline-based telephone service or wireless telephone service that is provided

by a telecommunications service provider to a subscriber and is capable of

being used to dial 911, including

(

i) a single line

residential access line,

(ii) a single line

business access line,

(iii) a multi-line

outgoing access line,

(iv) a centrex telephone

number,

(

v) a wireless telephone

number, and

(vi) a VoIP service;

(j) "former Act" means the Emergency 911 Act ;

(k) "minister" means the minister appointed under the Executive Council

Act to administer this Act;

(l) "municipality" means a municipality under the Municipalities Act, 1999 , a

city under the City of Corner Brook Act , the City of Mount Pearl Act ,

the City of St. John's Act and, for the purpose of this Act, includes a

local service district and an Inuit Community Government established in respect

of an Inuit Community under the Labrador Inuit Constitution under subsection

17.3.3(

b) of the Labrador Inuit Land Claims Agreement ;

(m) "primary public safety answering

point" means a communications centre that is normally

the first point of reception for emergency telephone calls;

(n) "public safety answering point"

means

(

i) a primary public

safety answering point, and

(ii) a secondary public

safety answering point;

(o) "secondary public safety answering

point" means a point of contact

(

i) to which emergency

telephone calls are transferred from a primary public safety answering point,

and

(ii) which is the point

of contact responsible for providing emergency services or dispatching

personnel;

(p) "subscriber" means an end -user who is assigned a provincial telephone number and who

subscribes to

(

i) a landline-based

telephone service of a telecommunications service provider, or

(ii) a wireless telephone

service of a telecommunications service provider;

(q) "telecommunications service

provider" means a person who provides a landline-based

telephone service or a wireless telephone service to a subscriber in the province;

and

(r) "VoIP" means Voice Over Internet

Protocol.

Labrador Inuit

rights

3. This Act and the regulations made under this Act shall be

read and applied in conjunction with the Labrador Inuit Land Claims

Agreement Act and, where a provision of this Act or the regulations made

under this Act is inconsistent or conflicts with a provision, term or condition

of the Labrador Inuit Land Claims Agreement Act , the provision, term or

condition of the Labrador Inuit Land Claims Agreement Act shall have

precedence over the provision of this Act or a regulation made under this Act.

Crown successor

(1) The Crown is the successor in law to the corporation and,

notwithstanding the repeal of the former Act, has all the power which the corporation

had under that Act.

(2) The Crown is charged

with and assumes all the obligations and liabilities of the corporation.

(3) Title to all of the

property and assets of the corporation is vested in the Crown.

(4) An agreement made

between the corporation and another party before this Act comes into force

continues in force and is binding on the Crown and the other party to it.

Emergency 911

service

5. The minister, with the participation of municipalities,

emergency service providers, public safety answering points, telecommunications

service providers and providers of other relevant technologies, shall continue to develop,

operate and maintain the emergency 911 service.

Participation

required

6. Every municipality, emergency service provider and public

safety answering point is required to participate with the minister to fulfil

the requirements of

section 5.

Duties of

minister

7. The minister shall ensure that the emergency 911 service

(

a) protects the

confidentiality and security of personal information that is collected, used,

disclosed, stored or disposed of by the minister;

(

b) p rovides accurate

and current information to primary and secondary public safety answering points;

(

c) integrates data from

the civic addressing system where that data is available;

(

d) is efficient and

cost-effective; and

(

e) i s flexible and

responsive to changing technologies.

Delegation

8. The

minister may, in writing, delegate a power, duty or function conferred or

imposed on the minister under this Act or the regulations.

Primary public

safety answering point

9. The Lieutenant-Governor in Council shall determine the

location of a primary public safety answering point in the province and

determine its boundaries.

Public safety

answering points

(1) A public safety answering point shall perform the services and

functions that may be prescribed in the regulations.

(2) The minister may, by regulation, prescribe

standards in relation to

(

a) the performance and operation of a public

safety answering point; and

(

b) the training and certification of employees of

a public safety answering point.

Emergency

response zones to be disclosed

11. An emergency service provider or, where appropriate, a

municipality, shall advise the minister, in the form, manner and time

period set by the minister, of its emergency response

zones.

Advance notice of

changes

12. An

emergency service provider or, where appropriate, a municipality, shall provide

advance notice to the minister, in the form, manner and time period set by the

minister, of any change to

(

a) the emergency

response zones referred to in

section 11; and

(

b) the operational procedures of the emergency

service provider that may impact the effective operation of the emergency 911

service.

Civic addresses

(1) A municipality shall provide to the minister, in the form, manner and time

period set by the minister, the civic addresses of residential, commercial and

other property located in the municipality.

(2) The Lieutenant-Governor in Council may, in

accordance with the regulations,

(

a) re quire an owner or

occupier of a residential, commercial or other property to post the applicable

civic number; and

(

b) prescribe the size,

location and design of civic numbers to be posted on residential, commercial or

other property.

Fees for

emergency 911 service

(1) A telecommunications service provider shall bill and

collect from its subscribers a monthly fee prescribed in the regulations for

each exchange service.

(2) The fee referred to in subsection (1) shall be

remitted monthly by the telecommunications service provider to the minister in

accordance with the regulations.

(3) Where a

telecommunications service provider provides a service to a subscriber for a

portion of a month, the fee for that month shall be prorated.

(4) A telecommunications

service provider may retain a portion of the fees it collects for the emergency

911 service as a monthly service fee.

(5) The portion of fees

authorized to be retained by a telecommunications service provider under the

authority of subsection (4) shall be

(

a) limited to

administrative costs of a telecommunications service provider for the provision

of the emergency 911 service; and

(

b) d etailed on a

subscriber's invoice in a clear and comprehensible manner.

(6) Where a

telecommunications service provider retains a monthly service fee as authorized

under subsection (4), it shall deduct that monthly service fee from the fee

referred to in subsection (1).

Agreement re:

service

(1) The minister may enter into agreements with a person, a

municipality, an emergency service provider, a public safety answering point, a

telecommunications service provider or a provider of other relevant

technologies in relation to the development, operation and maintenance of the

emergency 911 service.

(2) An agreement entered

into under subsection (1) may include provisions respecting the following:

(

a) the civic addressing

of residential, commercial and other property; and

(

b) an arrangement,

function, procedure, protocol, service or standard considered necessary for the

purpose of the effective operation of the emergency 911 service.

Information

sharing agreement

(1) The minister may enter into information sharing agreements

and may disclose or transfer records to, and share records with the following

in accordance with the agreement:

(

a) emergency service

providers; and

(

b) public safety

answering points.

(2) Section 18 applies with the

necessary changes to the sharing of information under this section.

Agreement re:

collection of fees

(1) The minister may enter into an agreement with a

telecommunications service provider in relation to the billing, collecting and

remitting of fees for the emergency 911 service.

(2) A telecommunications

service provider which enters into an agreement with the minister under

Restriction on

information supplied

(1) All information supplied by a telecommunications service

provider to the minister or employees, assigns, agents or contractors of the

Crown or to which the minister or employees, assigns, agents or contractors of

the Crown have access in connection with the development, operation and maintenance

of the emergency 911 service shall be supplied or made accessible by the

telecommunications service provider only to the extent necessary to permit the

development, operation and maintenance of the emergency 911 service.

(2) The minister shall

take all steps reasonably necessary to maintain the information referred to in

subsection (1) in confidence and to ensure that where

(

a) e mployees, assigns,

agents or contractors of the Crown;

(

b) emer gency service

providers; and

(

c) public safety

answering points

have access to

the information, that those persons maintain the information in confidence.

(3) The minister shall

designate the persons who may have access to the information referred to in

subsection (1) and no other persons shall be permitted to have access to it.

(4) Emergency service

providers, public safety answering points, the minister and employees, assigns,

agents and contractors shall not use the information for any purposes other

than the purposes referred to in subsection (1).

(5) A person referred to

in subsection (1) who is employed for the purposes of this Act or the

regulations shall not use their position for personal benefit or to benefit a

person with whom they are associated in a financial capacity.

Prohibitions

(1) A person shall not connect an automatic alarm system

of any kind to the emergency 911 service.

(2) A person shall not

use an automatic dialing or automatic announcing device to dial the number

"911", except where the written approval of the minister has been

obtained.

(3) A person shall not use

or knowingly permit another person to use a telephone to place a false,

frivolous or vexatious call to the number "911".

Offence and

penalty

20. A person who contravenes or who neglects, omits, fails or

refuses to observe a provision of this Act or the regulations is guilty of an

offence and is liable, on

summary conviction, to a fine of not less than $1,000

or to imprisonment for a term of not more than 6 months or to both a fine and

imprisonment.

No liability

(1) The Crown, an agent or contractor of the Crown, the

minister, a delegate of the minister, a person who enters into an agreement

under

section 15 or an employee of any of them is not liable for any loss or

damage suffered by any person by reason of anything in good faith done or

omitted to be done in the provision of the emergency 911 service by the

province, the minister, the delegate of the minister, the person who enters

into an agreement under

section 15 or the employee under the authority of this Act or the

regulations.

(2) The Crown, a minister, a delegate of a

minister or an employee of the Crown is not liable

for a cause of action arising from, resulting from or incidental to the

operation of this Act or resulting from or incidental to the transfer of monies

held in the NL 911 Service Fund established under the former Act to the

Consolidated Revenue Fund.

(3) An action or

proceeding does not lie or shall not be instituted or continued against the

Crown , a minister, a delegate of a minister or an employee of the Crown based on a cause of action arising from, resulting from or

incidental to the operation of this Act or resulting from or incidental to the

transfer of monies held in the NL 911 Service Fund established under the former

Act to the Consolidated Revenue Fund.

Lieutenant-Governor

in Council regulations

22. The Lieutenant-Governor in Council may make regulations

(

a) prescribing the fee referred to in

section 14;

(

b) respecting the collection

and remittance of the fee referred to in

section 14;

(

c) requiring the owner

or occupier of a residential, commercial or other property to post the applicable

civic number;

(

d) respecting the size,

location and design of civic numbers to be posted on residential, commercial or

other property;

(

e) respecting services and functions to be

performed by public safety answering points;

(

f) defining a word or expression

used but not defined in this Act; and

(

g) generally, for the

purpose and administration of this Act.

Ministerial

regulations

(1) The minister may make regulations respecting

(

a) communications which

may be considered an emergency 911 telephone call; and

(

b) standards in

relation to

(

i) the performance and

operation of a public safety answering point, and

(ii) the training and

certification of employees of a public safety answering point.

(2) The minister may

adopt and constitute as regulations by reference

(

a) a code, rule or

standard relevant to this Act, or an official abridgment of a code, rule or

standard;

(

b) a code, rule,

standard or abridgment with the exception of a specified provision;

(

c) a specified

provision of a code, rule, standard or abridgment; and

(

d) an amendment to a

code, rule, standard or abridgment made, with or without modification,

and a written

document from the minister certifying that a document is a copy of a code, rule

or standard adopted and constituted as regulations under this

section or an

official abridgment of, extract from or amendment to a code, rule or standard

shall without further proof be, in the absence of evidence to the contrary,

evidence of the contents of the code, rule or standard.

Forms

24. The minister may establish forms for the purpose and

administration of this Act and the regulations.

SNL2008 cF-11.01

Amdt.

25. Subsection 4(4.1) of the Fire Protection Services Act is amended

by deleting the reference "section 7 of the Emergency 911 Act " and substituting the reference "section

11 of the Emergency 911 Act, 2022 ".

SNL2016 cI-2.1

Amdt.

26. The

Schedule to the Independent

Appointments Commission Act is amended by removing the statutory

appointment reference " Emergency 911

Act , subsection 12(1) except the directors

referred to in paragraphs 12(3)(

a) and (

b) and subsection 12(4)".

SNL2014 cE-7.2

Rep.

27. The

Emergency 911 Act is repealed.

Commencement

28. This Act, or a section, subsection, paragraph or

subparagraph of this Act, comes into force on a day or days to be proclaimed by

the Lieutenant-Governor in Council.

Queen's Printer