First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 5

AN ACT TO AMEND THE EMERGENCY

MEASURES ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JACK BYRNE

Minister of Municipal and Provincial Affairs

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend

section 2 of the Emergency Measures Act to add or amend

definitions of the terms "assistance agreement", "emergency measures" and "municipality".

Clause 2 of the Bill would repeal and replace subsection 20(1) of the Act to add signatories to the assistance agreement as parties with whom an agreement may be entered into for the purpose of the Act.

Clause 3 of the Bill would add the proposed

section 20.1 to the Act respecting the terms under which the assistance agreement is to be implemented.

A BILL

AN ACT TO AMEND THE EMERGENCY MEASURES ACT

Analysis

1. S.2 Amdt.

Definitions

2. S.20 Amdt.

Agreements

3. S.20.1 Added

Application of assistance agreement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 c E-8

(1) Section 2 of the Emergency Measures Act is amended by adding immediately after paragraph (

a) the following:

(a.1) "assistance agreement" means the International Emergency Management Assistance Memorandum of Understanding dated July 18, 2002 and executed among governors of the New England states of the United States of America and premiers of Quebec and the Atlantic provinces of Canada;

(2) Subparagraph 2(f)(ix) of the Act is amended by deleting the words "and municipalities in the province" and substituting a comma and the words "municipalities in the province and states that are parties to the assistance agreement".

(3) Paragraph 2(

h) of the Act is repealed and the following substituted:

(h) "municipality" means a city established under the City of Corner Brook Act , the City of Mount Pearl Act or the City of St. John's Act or a municipality as defined in the Municipalities Act, 1999 ; and

2. Subsection 20(1) of the Act is repealed and the following substituted:

Agreements

(1) The Lieutenant-Governor in Council may by order authorize a member of the Executive Council to enter, on behalf of the Crown in right of the province, into an agreement with

(

a) the Crown in right of Canada or of another province;

(

b) a municipality;

(

c) a state of the United States of America that is a signatory to the assistance agreement; or

(

d) a person,

to carry out and further the purposes and objects of this Act.

3. The Act is amended by adding immediately after

section 20 the following:

Application of assistance agreement

20.1

(1) Where a party to the assistance agreement requests assistance made necessary because of a natural disaster, technological hazard, human caused disaster or civil emergency or for another reason permitted by that agreement, the Crown shall, in accordance with the assistance agreement, provide or accept the requested assistance and for that purpose may

(

a) recognize, within the province, the professional qualifications of a person from outside the province without requiring the licensing or certification of that person 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 the implementation of a request that may be made under the assistance agreement the Crown may, at any time

(

a) plan emergency measures exercises with another party to the assistance agreement including personnel training, equipment and procedures testing and simulated emergency measures activities; and

(

b) inventory and agree upon procedures for interjurisdictional loans and delivery of human and material resources and the manner of payment or forgoing of payment for those resources.

©Earl G. Tucker, Queen's Printer