p43 s1 bill 238 b238 e.pdf

Ontario — Bills

1ST SESSION, 43RD LEGISLATURE, ONTARIO 3 CHARLES III, 2024 Bill 238

An Act to make statutory amendments respecting emergency management and authorizing enforceable directives to specified entities providing publicly-funded community and social services The Hon. T. Jones Associate Minister of Emergency Preparedness and Response Government Bill 1st Reading December 9, 2024 2nd Reading 3rd Reading Royal Assent

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 delegat e 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 advis ory 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 Counc il 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 sec tion 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 mana gement 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 cons equentially and to make minor changes.

ii

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 di rective, 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

An Act to make statutory amendments respecting emergency management and authorizing enforceable directives to specified entities providing publicly-funded community and social services CONTENTS

Preamble 1. Contents of this Act 2. Commencement 3.

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 2

(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 1 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. 2

(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 secti on 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 servi ces 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”) 3

(1) Sections 2 and 2.0.1 of the Act are repealed and the following substituted: GOVERNANCE Minister’s responsibilities 2

(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,

3 (

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 r esources 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 managem ent 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 subse ction 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 w

Document details

Collection	Ontario — Bills
Citation	p43 s1 bill 238 b238 e.pdf
Type	bill
Volume / chapter	p43 s1 bill 238 b238 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	69a846215fd59393474138ab312434f866178ef2

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