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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 15

THE EMERGENCY MEASURES AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. E80 amended

1           The Emergency Measures Act is amended by this Act.

2           Section 1 is amended by adding the following definitions:

"assistance agreement" means an agreement entered into under subclause 7(a)(i), (ii), (iii) or (iv); (« accord d'aide »)

"assisting force" means persons sent to Manitoba by another jurisdiction under an assistance agreement; (« force de soutien »)

3           The following is added after clause 6(e):

(e.1) respecting the recognition of the professional, trade or other qualifications of members of an assisting force when providing assistance in Manitoba during a state of emergency;

4           Clause 7(a) is replaced with the following:

(a) enter into agreements respecting emergency preparedness programs, emergency plans or the provision of emergency services, with any of the following:

(i) the Government of Canada,

(ii) the government of a province or territory of Canada,

(iii) the government of a state of the United States,

(iv) an agency of a government referred to in subclause (i), (ii) or (iii),

(v) a local authority;

5           The following is added after section 12.1:

Qualifications — member of assisting force

12.2        Subject to the regulations, a member of an assisting force who holds a licence, certificate or permit respecting his or her professional, trade or other qualifications from a jurisdiction that is a party to an assistance agreement is deemed to be similarly qualified in Manitoba when providing assistance during a state of emergency.

6           Subsection 18(1) is replaced with the following:

Protection from liability

18(1)       No action or proceeding may be brought against any person acting under the authority of this Act, including a member of an assisting force, for anything done, or not done, or for any neglect

(a) in the performance or intended performance of a duty under this Act; or

(b) in the exercise or intended exercise of a power under this Act;

unless the person was acting in bad faith.

Coming into force

7           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill authorizes the province to enter into agreements with other jurisdictions about emergency planning and providing assistance during emergencies. It deals with the qualifications of people from other jurisdictions who provide emergency assistance in Manitoba, as well as liability for their actions while here.