First Session, 46th

General Assembly

57 Elizabeth II,

BILL 59

AN ACT TO PROVIDE FOR THE

ORGANIZATION AND ADMINISTRATION OF EMERGENCY SERVICES IN THE PROVINCE

Received

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

Second

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

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

Third

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

Royal

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

HONOURABLE DIANNE

C. WHELAN

Minister of

Municipal Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

The purpose of this Bill is set out

in the

Long Title.

A BILL

AN ACT TO PROVIDE FOR THE ORGANIZATION AND

ADMINISTRATION OF EMERGENCY SERVICES IN THE PROVINCE

Analysis

Short title

Definitions

PART

FIRE AND EMERGENCY SERVICES AGENCY

Agency established

Operations of agency

PART

MUNICIPAL OR REGIONAL EMERGENCY

Emergency management plan required

Municipality declared emergency

Regional emergency management plan

Declaration of regional emergency

Minister may declare emergency

PART

III

PROVINCIAL EMERGENCY

Plans to be established

Declaration of provincial emergency

Termination of emergency

PART

NATIONAL EMERGENCY

Emergencies Act ( Canada )

PART

ADMINISTRATION

Exemption from operation of provincial

Acts

Administration in provincial emergency

Assistance Agreements

Application of assistance agreement

Expenditures

PART

GENERAL

Exemption

Prohibition

No liability

Offence

Offence and penalty re: pricing

Regulations

Act prevails

RSNL1990 cF-23 Amdt.

RSNL1990 cP-26 Amdt.

SNL2002 cW-4.01 Amdt.

RSNL1990 cW-11 Amdt.

Repeal

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 Services

Act .

Definitions

2. In this Act

(a) " agency "

means Fire and Emergency Services - Newfoundland and Labrador as established under

section 3 to maintain a fire and emergency management system in the province;

(b) "assistance agreement" means an

agreement to provide assistance in a time of declared emergency by way of human

and other resources made under the authority of

section 16;

(c) "business continuity plan" means a

document containing procedures and guidelines to help recover and restore government's

essential services to normal operational status within an acceptable time frame

following an emergency or disruptive event;

(d) "CEO" means the chief executive

officer appointed by the Lieutenant-Governor in Council to administer the

agency;

(e) "council" includes the council of a

municipality, a regional council, a local service district committee, a

regional emergency management committee and an Inuit Community Council created

under the Labrador Inuit Land Claims Agreement as defined in the Labrador Inuit Land Claims Agreement Act;

(f) " director "

means the Director of Emergency Services;

(g) "emergency" means a real or

anticipated event or an unforeseen combination of circumstances which

necessitates the immediate action or prompt co-ordination of action as declared

or renewed by the Lieutenant-Governor in Council, the minister, a regional emergency

management committee or a council;

(h) " emergency management

plan" means a plan, program or procedure prepared by

(

i) the province; or

(ii) a council in writing

and approved by the director

which is intended to prepare for, respond to, mitigate the effects of and

recover from an emergency and to provide for the health, safety and well-being

of persons and the protection of property and the environment;

(i) " minister "

means the minister appointed under the

Executive Council Act to administer this Act;

(j) "municipality" means a municipality

under the M unicipalities Act, 1999 ,

the City of St. John's, the City of Mount Pearl and the City of Corner Brook

and, for the purpose of this Act, includes a local service district and an

Inuit community referred to in

section

8.2 of the Labrador Inuit Land Claims

Agreement Act ;

(k) " police

officer" means a member of the Royal Newfoundland Constabulary and a

member of the Royal Canadian Mounted Police;

(l) " regional

emergency management committee" means a committee consisting of

(

i) representative of

councils of municipalities,

(ii) committees of local

service districts, or

(iii) other persons

representing unincorporated areas

which is responsible for the development and implementation of a regional

plan; and

(m) " regional

plan" means an emergency management plan made by a regional emergency

management committee.

PART I

FIRE AND EMERGENCY SERVICES AGENCY

Agency

established

(1) There

is established an agency to be called Fire and Emergency Services-Newfoundland

and Labrador which shall develop and maintain a fire and emergency management

system in the province to mitigate against, prepare for, respond to and recover

from fires and other emergencies.

(2) The agency has and shall exercise those powers

and duties vested in it by this Act and the Fire

Protection Services Act and those assigned to it by the minister.

(3) The agency shall be administered by a CEO

appointed by the Lieutenant-Governor in Council.

(4) In the absence of the CEO, the director may

exercise the powers of the CEO.

(5) The CEO may appoint those officers, clerks, and other employees necessary for

the administration of the agency in the carrying out of this Act.

Operations of

agency

(1) The

agency shall develop and maintain

(

a) a business continuity

plan for the government of the province; and

(

b) an emergency management

plan for the province.

(2) The agency shall, as appropriate, organize and

deploy emergency response in the province.

(3) In the course of the agency's operations, the

chief executive officer may

(

a) authorize or perform

surveys of industries, resources and facilities within the province necessary

for the carrying out of this Act;

(

b) establish programs

including public information programs respecting fire prevention and emergency

preparedness; and

(

c) take all other

preparatory steps, including partial or full mobilization of emergency resources

in advance of actual necessity for the purpose of

(

i) instructing persons

in methods and procedures that may be adopted or followed in the implementation

of this Act,

(ii) organizing the training,

equipment and personnel to carry out duties under this Act, and

(iii) acquiring equipment

necessary for the carrying out of emergency response.

PART II

MUNICIPAL OR REGIONAL EMERGENCY

Emergency management

plan required

(1) The

council of every municipality shall, within 3 years of this Act having come

into force, adopt an emergency management plan.

(2) An emergency management plan shall, before

adoption by a municipality, be submitted to the director for review, and a

council shall make any changes required by the director so that the plan may be

approved by the director before the plan is adopted by a council.

(3) An emergency management plan may be developed

by a committee of a council, or a council may, with the necessary changes, adopt

the emergency management plan of a neighbouring municipality with the consent

of that municipality.

(4) An emergency management plan which is adopted by

a council under subsection (3) shall be submitted for the approval of the director

as required under this subsection as if it had been made by the council alone.

(5) An emergency management plan shall designate a

person to supervise and control the management of the plan.

(6) Amendments to an emergency management plan

shall be submitted to the director for approval before the amendments may be

adopted by a council.

(7) An emergency management plan shall be reviewed

by a council and a proposed change to the plan shall be submitted to the

director for approval before it may be adopted by a council.

Municipality declared

emergency

(1) Where an emergency is declared by a municipality, the

emergency management plan adopted by the council of that municipality shall be

activated.

(2) An emergency which has been declared by a

municipality shall remain in force until it is rescinded by the municipality.

(3) Nothing in this

section prevents the minister

from declaring a municipal emergency, whether a municipal emergency has been declared

by a council or not, and the minister may, following the declaration of the

emergency,

(

a) authorize the

director to implement the municipality's emergency plan; or

(

b) respond to the

emergency in the manner the minister considers appropriate under

section 9.

Regional emergency

management plan

(1) Two

or more councils may join together to form a regional emergency management

committee for the purpose of developing a regional emergency management plan.

(2) A regional emergency management plan shall be

approved by the director before a council adopts the plan and the requirements

section 5 apply as if the plan had been made by a council alone.

Declaration of

regional emergency

(1) Where an emergency is declared by a regional emergency management

committee, the chairperson of the committee shall declare the emergency for a

region or a part of the region, and the regional emergency management plan

adopted by the committee shall be activated for that region or part of the

region as appropriate.

(2) An emergency which has been declared by a

regional emergency management committee shall remain in force until it is

rescinded by the committee.

(3) Nothing in this

section prevents the minister

from declaring a regional emergency in all or part of a region, whether a

regional emergency has been declared by the regional emergency management

committee or not, and the minister may, following the declaration of the

emergency

(

a) authorize the

director to implement the regional emergency management plan; or

(

b) respond to the

emergency in the manner the minister considers appropriate under

section 9.

Minister may declare

emergency

(1) Notwithstanding sections 6 and 8, the minister may, in his

or her discretion, declare an emergency in a municipality, a region or part of

a region at any time the minister reasonably believes an emergency exists.

(2) The minister shall, as soon as practicable

after declaring an emergency, inform the Lieutenant-Governor in Council of the

declaration and report upon the actions taken to respond to the emergency.

(3) Where a minister declares an emergency under

subsection (1), the minister may

(

a) define the

geographical area where the emergency exists;

(

b) direct that the CEO

take charge of emergency operations within the area, to assess the situation

and to report immediately to the minister regarding necessary measures to be

taken to deal with the emergency;

(

c) authorize the CEO to

co-ordinate the activities of all provincial and municipal services in the area

and to engage personnel as required to assist in the provision of those services;

(

d) authorize the CEO to acquire, by purchase or

otherwise as prescribed by the minister, those supplies and equipment the CEO

considers necessary to respond to the emergency or to protect the health and

well-being of those persons, property and the environment impacted by the

emergency;

(

e) authorize the CEO or his or her

delegate to enter a house, building or other private property for

(

i) a purpose relating to

the emergency,

(ii) the health, safety or

well-being of persons, or

(iii) the purpose of

exercising a power under this section;

(

f) authorizing the CEO or his or her designate to

alter, construct, demolish or remove trees, buildings or other structures where

that action is, in the opinion of the CEO, necessary in order to reach the

scene of the emergency or in an effort to combat or inhibit the progress of an

emergency; and

(

g) order the evacuation

of the area.

(4) The CEO may delegate to the director those

duties and responsibilities under paragraphs (3 )( c),

(d) (e), (f), and (g), and the director may take those actions he or she

considers necessary for the carrying out of those duties.

PART III

PROVINCIAL EMERGENCY

Plans to be established

(1) The

minister shall, within 3 years of the coming into force of this Act, establish

the provincial emergency management plan and the business continuity plan.

(2) Where a provincial emergency is declared, the

provincial emergency management plan and the business continuity plan shall, to

the extent required by the scope of the emergency, be activated.

Declaration of

provincial emergency

(1) In

the event of an emergency, the Lieutenant-Governor in Council may declare a

provincial emergency for all or part of the province.

(2) In addition to the powers and duties prescribed

in the provincial emergency management plan and the business continuity plan,

the Lieutenant-Governor in Council may do and authorize those things necessary

for the protection of persons, property and the environment from injury or loss

arising from an emergency including:

(

a) controlling transportation

by land or water;

(

b) controlling highways

and vehicles and regulating travel in or out of the part of the province

affected by the emergency;

(

c) acquiring and

distributing essential or emergency supplies and providing, co-ordinating and

maintaining medical services, emergency social services and other essential

services in the province;

(

d) evacuating persons or

removing personal property from an area of the province and arranging for the care

and protection of those persons or property;

(

e) evacuating and caring

for livestock, including domestic animals, in consultation with the provincial

veterinarian;

(

f) in consultation with

the provincial veterinarian, ordering the destruction of livestock where

necessary in the emergency;

(

g) altering, constructing, demolishing or

removing trees, buildings or other structures where that action is necessary in

order to reach the scene of the emergency or in an effort to combat or inhibit

the progress of the emergency;

(

h) entering a house,

building or other private property

(

i) for a purpose

relating to the emergency,

(ii) for the health, safety

or well-being of persons, or

(iii) for the purpose of

exercising a power under this section;

(

i) acquiring by

purchase, lease or otherwise goods, personal property or lands and the sale,

lease, allocation or other disposition of those goods, personal property or

lands;

(

j) retaining persons for the purpose of

responding to the declared emergency whose training and qualifications appear

to the Lieutenant-Governor in Council, in consultation with the appropriate minister, to be adequate to

perform medical, dental, nursing, pharmaceutical, optometrical, engineering and

other professional services; and

(

k) obtaining the

resources necessary to respond to the declared emergency.

Termination of

emergency

12. An

emergency declared under

section 11 shall continue in force until it has been

ended by proclamation of the Lieutenant-Governor in Council or by

an Act of the

Legislature, and where an emergency has ended, a regulation or order made under

this part shall cease to have effect.

PART IV

NATIONAL EMERGENCY

Emergencies Act ( Canada )

13. Where

the Governor in Council has declared an emergency under the Emergencies Act (Canada), the Lieutenant-Governor

in Council shall, where requested by the Governor in Council, order that the

provisions of this Act with respect to emergency response be activated to the

extent that is appropriate and practicable.

PART V

ADMINISTRATION

Exemption from

operation of provincial Acts

(1) Where a municipal, regional or provincial emergency has been

declared, the CEO , with the approval of the minister, may request that a minister

exempt a person from operation of certain Acts of the province administered by

that minister.

(2) Where a minister provides an exemption under

subsection (1), the exemption shall be effective only until the emergency has expired

or for a time prescribed by that minister.

Administration in

provincial emergency

15. The

business continuity plan shall, to the extent required by the scope of the

emergency, be activated in a provincial emergency, and the Lieutenant-Governor

in Council may make regulations respecting administration of government and

duties of departments in a provincial emergency.

Assistance Agreements

(1) The

Lieutenant-Governor in Council may by order authorize a minister to enter into

an agreement on behalf of the Crown in right of the province with

(

a) the Crown in right of

Canada or of another province;

(

b) a municipality;

(

c) a council;

(

d) a state of the United States of America ;

(

e) a country; or

(

f) a person

to carry out the purpose of this Act and to provide assistance where an

emergency may be declared.

(2) The minister may, with the approval of the

Lieutenant-Governor in Council, enter into an agreement with the Crown in right

of Canada for the provision of compensation for injuries suffered by or the

death of persons who

(

a) are engaged in

emergency response measures or in training for emergency response measures; or

(

b) suffer injury or

death by accident arising out of, and in the course of those emergency response

measures

and the minister may, with the approval of the Lieutenant-Governor in

Council, enter into further agreements to amend, alter or revoke the agreement

as required.

(3) Where compensation required to be paid under

an agreement is made under this section, the compensation shall be paid from

the Consolidated Revenue Fund.

Application of

assistance agreement

(1) Where

a party to an assistance agreement requests assistance made necessary by the

declaration of an emergency or for another reason permitted by the agreement,

the province shall, in accordance with the agreement, provide or accept the

requested assistance and in doing so may

(

a) recognize , within the

province, the professional qualifications of a person from outside the province

without requiring that the person be certified or licensed under the laws of

the province; and

(

b) lend and borrow

equipment and personnel for the purpose of the requested assistance.

(2) For the purpose of implementing a request

which may be made under the assistance agreement the province may

(

a) plan emergency

exercises with another party to the assistance agreement including personnel

training, equipment and procedures testing and simulated emergency activities;

and

(

b) inventory and agree

upon procedures for inter-jurisdictional loans and delivery of human and

material resources and the manner of payment, if any, for those resources.

Expenditures

(1) Expenditures

made for the purpose of exercising powers conferred under this Act or

discharging duties imposed under this Act which are within the scope of

authority granted by this Act or the regulations shall, subject to the approval

of the Lieutenant-Governor in Council, be paid from the Consolidated Revenue

Fund.

(2) Where, expenditures made under this Act are

made within or for the benefit of a municipality, the municipality shall, where

required by order of the Lieutenant-Governor in Council, repay into the Consolidated

Revenue Fund the amount or a portion of the amount specified in the order at

the times and on the terms, including the charging of interest, that may be

specified in the order.

PART VI

GENERAL

Exemption

19. Notwithstanding

the Statutes and Subordinate Legislation

Act , an order or regulations made under this Act in the time of a declared

emergency or in anticipation of the declaration of an emergency shall

(

a) come into force

immediately when it is signed by

(

i) the

Lieutenant-Governor, or

(ii) the person having authority

to make the order

unless some other time is stated as being the time when it shall come or

be considered to have come into force; and

(

b) be valid and have effect

before it is published, and notwithstanding that a person has not had actual

notice of the order.

Prohibition

(1) A

person who, in good faith, is acting under or reasonably believes that he or

she is acting under, a power or authority given by or delegated under this Act

shall not in acting be restrained by or be subject to proceedings by way of

injunction, mandamus, prohibition or certiorari.

(2) A person shall not interfere with or obstruct

another person who is exercising a power or performing a duty conferred or

imposed by this Act, the regulations, or an order made under the authority of

this Act.

No liability

21. A

person, including the minister, the chief executive officer, the director, an

employee, a volunteer and a person appointed under the authority of this Act is

not liable for a loss, cost, expense, damage or injury to person or property

which results from

(

a) the person, in good faith, doing or omitting to

do any act that the person is appointed, authorized or required to do under

this Act or the regulations, unless in doing or omitting to do the act, the

person was grossly negligent; or

(

b) an act done or omitted to be done by one or

more of the persons who were, under this Act or the regulations, appointed,

authorized or required by the person to do the act, unless the appointment or authorizing

was not done in good faith.

Offence

22. A

person who contravenes or who neglects, omits, fails or refuses to observe a

provision of this Act, the regulations or an order made under this Act 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.

Offence and

penalty re: pricing

(1) During

a declared emergency, a person in the province shall not charge higher prices

for food, clothing, fuel, equipment, including medical equipment, medical or

essential supplies, or for the use of property, services, resources or

equipment than the fair market value of the same thing immediately before the

declaration of the emergency.

(2) A person who commits an offence under

subsection (1) is liable on

summary conviction to a fine of up to $5,000.

(3) This

section shall not apply to cost increases

which, in the opinion of the minister, are reasonable and have been necessitated

by the declaration of the emergency.

Regulations

24. The

Lieutenant-Governor in Council may make regulations

(

a) for the health,

safety and well-being of persons and the protection of property and the

environment in the event of an emergency;

(

b) respecting the

administration of government and duties of departments in a provincial

emergency; and

(

c) generally , to give

effect to the purpose of this Act.

Act prevails

(1) Where a provision of this Act or the regulations conflicts

with a provision of another Act or regulation, the provisions of this Act,

where an emergency has been declared, shall prevail.

(2) Notwithstanding subsection (1), 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 regulations made under

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

the Labrador Inuit Lands 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.

RSNL1990 cF-23 Amdt.

Section 106 of the Forestry Act is repealed and the following substituted:

Provincial emergency

(1) In

the event of an emergency declared as a result of a wild fire under the Emergency Services Act , the provisions

of that Act shall prevail over the provisions of this Act.

(2) Where an emergency is declared under the Emergency Services Act as a consequence

of a wild fire, measures taken by officials under that Act to fight the fire

shall be taken in consultation with forestry officials.

RSNL1990 cP-26 Amdt.

27. Subsection 3(1) of the Proceedings Against the Crown Act is amended by deleting the

reference "Emergency Measures Act"

and substituting the reference "Emergency

Services Act ".

SNL2002 cW-4.01 Amdt.

28. Subsection 35(2) of the Water Resources Act is repealed and the following substituted:

(2) Notwithstanding subsection (1), where, because

of a flood or flood potential an emergency is declared under the Emergency Services Act , the minister

shall co-ordinate efforts with the CEO of Fire and Emergency Services

Newfoundland and Labrador.

RSNL1990 cW-11 Amdt.

29. Paragraph 40(1)(

f) of the Workplace Health, Safety and Compensation Commission Act is amended

by deleting the reference " Emergency

Measures A ct" and by substituting instead the reference " Emergency Services Act ".

Repeal

30. The Emergency

Measures Act is repealed.

Commencement

31. This Act shall come into force on a day to be

proclaimed by the Lieutenant-Governor in Council.

Earl G. Tucker, Queen's Printer