First Session, 48th

General Assembly

65 Elizabeth II,

BILL 51

AN ACT TO AMEND THE EMERGENCY 911

ACT, THE EMERGENCY SERVICES ACT AND THE FIRE PROTECTION SERVICES ACT

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

Second Reading .................................................................................................................................

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

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE EDDIE

JOYCE

Minister of

Municipal Affairs

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Emergency 911 Act , the Emergency Services Act and the Fire Protection

Services Act to reflect the fact that Fire and Emergency

Services-Newfoundland and Labrador is no

longer an agency and is now a part of the Department of Municipal Affairs.

A BILL

AN ACT TO AMEND THE EMERGENCY 911 ACT, THE

EMERGENCY SERVICES ACT AND THE FIRE PROTECTION SERVICES ACT

Analysis

EMERGENCY

911 ACT

S.2 Amdt.

Definitions

S.21 Amdt.

Information sharing agreement

EMERGENCY

SERVICES ACT

S.2 Amdt.

Definitions

Part I R&S

PART I

EMERGENCY

SERVICES

3. Government

business

continuity and

emergency

management plans

4. Emergency response

4.1 Director of emergency

services

4.2 Officers, etc. to be

appointed

S.9 Amdt.

Minister may declare emergency

S.14 Amdt.

Exemption from operation of provincial Acts

S.21 R&S

No liability

FIRE

PROTECTION SERVICES ACT

S.2 Amdt.

Definitions

S.3 Amdt.

Fire commissioner

S.4 Amdt.

Duties and responsibilities of the fire commissioner

S.5 R&S

Emergency response and co-ordination

S.8 Amdt.

Adoption and enforcement of fire protection codes or standards

S.30 Amdt.

Firefighting training

S.32 R&S

Action barred

SNL2002 cW-4.01 Amdt.

16. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

EMERGENCY 911 ACT

SNL2014 cE-7.2

1. Paragraph 2(

a) of the Emergency 911 Act is repealed.

2. Paragraph 21(1)(

a) of the Act is repealed and

the following substituted:

(

a) the minister responsible for the Emergency Services Act and the Fire Protection Services Act ;

EMERGENCY SERVICES ACT

SNL2008 cE-9.1

(1) Paragraphs 2(

a) and (

d) of the Emergency Services Act are repealed.

(2) Paragraph 2(

f) of the Act is repealed and the

following substituted:

(f) "director" means the Director of Emergency

Services appointed under subsection 4.1(1);

Part I of the Act is repealed and the following

substituted:

PART I

EMERGENCY SERVICES

Government business

continuity and emergency management plans

3. The

minister shall develop and maintain

(

a) a business continuity plan for the government

of the province; and

(

b) an emergency management plan for the province.

Emergency response

4. The

minister shall, as appropriate, organize and deploy emergency response in the

province.

Director of emergency

services

4.1

(1) There

shall be appointed a Director of Emergency Services for the province.

(2) The director 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 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.

Officers, etc. to

be appointed

4.2 There

shall be appointed those officers, clerks, and other employees necessary to

carry out this Act.

5. Subsections 9(3) and (4) of the Act are

repealed and the following substituted:

(3) Where the minister declares an emergency under

subsection (1), the minister may

(

a) define the geographical area where the emergency

exists;

(

b) direct that the director 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 director 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 director to acquire, by purchase

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

director 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 director 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,

(iii) the purpose of exercising a power under this

section;

(

f) authorizing the director or his or her delegate

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

where that action is, in the opinion of the director, 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) Where the director is absent or unable to act,

the minister may delegate to another person those duties and responsibilities

under paragraphs (3)(

b) to (

f) and that person may take those actions he or she

considers necessary for the carrying out of those duties and responsibilities.

6. Subsection 14(1) of the Act is repealed and the

following substituted:

Exemption from

operation of provincial Acts

(1) Where

a municipal, regional or provincial emergency has been declared, the minister

may request that another minister exempt a person from operation of certain

Acts of the province administered by that minister.

Section 21 of the Act is repealed and the

following substituted:

No liability

21. A

person, including the minister, 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

an 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.

FIRE PROTECTION SERVICES ACT

SNL2008 cF-11.01

as amended

(1) Paragraphs 2(

a) and (

b) of the Fire Protection Services Act are

repealed.

(2) Section 2 of the Act is amended by inserting

immediately after paragraph (

n) the following:

(n.1) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

9. (1) Subsection 3(2) of the Act is repealed

and the following substituted:

(2) The fire commissioner shall carry out the

duties assigned to him or her under this Act and shall act under the direction

of the minister.

(2) Subsection 3(4) of the Act is repealed and the

following substituted:

(4) There shall be appointed or employed those

officers, inspectors, clerks, employees, or other persons necessary for the

administration of this Act.

10. Subsection 4(3) of the Act is repealed and the

following substituted:

(3) The fire commissioner shall

(

a) record every fire reported to him or her and

include the information which may be required by the minister;

(

b) review plans and specifications for construction,

alteration or repair of structures to determine if appropriate fire protection

requirements and fire and life safety features are in place;

(

c) where appropriate fire protection requirements

and fire and life safety features have been found to be lacking following an

inspection under subsection (4), direct those alterations or additions which

may be necessary to safeguard persons or property;

(

d) advise the minister, municipalities and

industry with respect to establishing fire departments and the requirements for

organizing and equipping those fire departments, for training firefighting

personnel and evaluating their firefighting capabilities and those other fire

protection requirements which may be necessary;

(

e) disseminate information and advice respecting

fire prevention, fire protection and fire safety that the minister considers

advisable; and

(

f) perform those other duties which the minister

may prescribe.

Section 5 of the Act is repealed and the

following substituted:

Emergency response

and co-ordination

5. The

fire commissioner shall, where directed by the minister, co-ordinate fire

protection and other operations and activities in emergency situations and,

where necessary, secure the resources to respond to fire and emergency

situations.

12. Subsection 8(1) of the Act is repealed and the

following substituted:

Adoption and

enforcement of fire protection codes or standards

(1) The

minister may prescribe by regulation those standards necessary for fire

protection and may adopt by reference, with or without changes, codes or

standards of another jurisdiction or of Canada.

13. (1) Subsection 30(1) of the Act is

repealed and the following substituted:

Firefighting

training

(1) The

fire commissioner, with the approval of the minister,

(

a) shall establish standards for the training of

firefighters in the province; and

(

b) may establish standards for training

firefighters in industry.

(2) Subsection 30(4) of the Act is repealed and

the following substituted:

(4) The fire commissioner shall, with the approval

of the minister,

(

a) establish and conduct a mobile firefighting

training program; and

(

b) provide technical training programs to meet

the requirements of firefighters, inspectors and other persons who have duties

assigned by the fire commissioner or other duties under this Act.

Section 32 of the Act is repealed and the

following substituted:

Action barred

32. An

action or other proceeding does not lie against a person for anything done or

omitted to be done in good faith in the course of exercising a power or

carrying out a duty under this Act.

SNL2002 cW-4.01 Amdt.

15. 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 minister responsible for that Act.

Commencement

16. This Act is considered to have come into force

on August 17, 2016.

Queen's Printer