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2nd Session, 40th 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 or view the online bilingual version (PDF).

Bill 37

THE EMERGENCY MEASURES AMENDMENT ACT


  Bilingual version (PDF) 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

(a) in the definition "co-ordinator" by striking out "Executive Co-ordinator" and substituting "Executive Director"; and

(b) by adding the following definitions:

"business continuity plan" means a plan for responding to an event that affects critical services, including an emergency or a disaster, which includes measures to ensure the continuation or restoration of those services during and after the event; (« plan de continuité des activités »)

"critical service" means a service or function that is necessary to prevent

(a) danger to life, health or safety,

(b) the destruction or serious deterioration of infrastructure or other property required for the economic well-being of Manitoba or the effective functioning of the government, or

(c) serious damage to the environment; (« services indispensables »)

"critical service provider" means a corporation or other person, organization or entity designated by regulation as a critical service provider; (« fournisseur de services indispensables »)

"disaster assistance" means assistance provided under a disaster financial assistance agreement or program as provided for in the regulations; (« aide aux sinistrés »)

"major emergency" means an emergency that is not a routine emergency; (« situation d'urgence grave »)

"routine emergency" means an emergency that

(a) can be effectively resolved

(i) by local police, fire and emergency medical services, working independently or together with public works and utilities personnel, and

(ii) without requiring additional resources from a local authority not directly affected by the emergency, the Government of Manitoba or the Government of Canada,

(b) does not require evacuation of persons out of the geographic area over which a local authority has jurisdiction, and

(c) does not require the declaration of a state of emergency or a state of local emergency. (« situation d'urgence ordinaire »)

3           Clause 2.1(b) is amended by striking out "disaster or emergency, other than initial response and incident management at the site of the disaster or emergency" and substituting "major emergency or disaster".

4           The following is added after clause 6(b):

(b.1) designating a corporation or other person, organization or entity that provides a critical service, other than a local authority or a department, as a critical service provider;

(b.2) for the purpose of subsection 8.3(1), specifying the critical service or services that must be addressed in a critical service provider's business continuity plan;

(b.3) respecting the form and content of a business continuity plan, including matters relating to critical services that must be addressed in a business continuity plan;

5           Clause 7(a) is amended in the part before subclause (i) by adding "mitigation of hazards and risks, recovery from emergencies and disasters," after "programs,".

6           Section 8.2 and the centred heading immediately before it are repealed.

7           The following is added before section 9 as part of Part II:

Business continuity plans

8.3(1)      Every critical service provider must prepare a business continuity plan, in accordance with the regulations, and submit it to the co-ordinator for approval.

Approval of plan

8.3(2)       After a plan has been submitted under this section to the co-ordinator, the co-ordinator may

(a) approve it as submitted; or

(b) refer it back to the critical service provider for further action, with any recommendations or directions the co-ordinator considers appropriate.

When plan is not approved

8.3(3)      When a plan is referred back to a critical service provider for further action, the critical service provider must take that action in accordance with the co-ordinator's directions and resubmit it to the co-ordinator for approval.

Minister may set deadline

8.3(4)      The minister may set a deadline for a critical service provider to comply with subsection (1) or (3). If a deadline is set, the critical service provider must comply with that deadline.

Changes to be submitted for approval

8.3(5)      If a critical service provider proposes to change a business continuity plan, subsections (1) to (4) apply, with necessary modifications, to the proposed change.

Periodic review

8.3(6)      A critical service provider must review and revise its business continuity plan from time to time to ensure that the plan continues to provide adequate measures to ensure the continuation or restoration of critical services during and after an event that affects critical services.

8(1)        Subsection 10(1) is amended by striking out "an emergency" and substituting "a major emergency".

8(2)         Subsection 10(2) is replaced with the following:

Description of emergency and affected area

10(2)       A declaration of a state of emergency

(a) must describe the major emergency or disaster that is the subject of the declaration;

(b) must state whether the declaration applies to all or a part of the province;

(c) must, if the declaration applies to a part of the province, describe the affected area; and

(d) must, if the duration of the declaration is to be less than 30 days, state its duration.

8(3)         Subsection 10(4) is replaced with the following:

Duration of declaration

10(4)       A declaration under subsection (1) is valid for a period of 30 days beginning on the day the declaration is made, unless a shorter period is stated in the declaration in accordance with clause (2)(d). The Lieutenant Governor in Council may, if necessary, extend the duration of a declaration — with any changes to the geographic area affected by the declaration considered necessary — for further periods of up to 30 days each, in which case subsections (2) and (3) apply.

9(1)         Subsection 11(1) is replaced with the following:

Declaration of a state of local emergency

11(1)       In the event of a major emergency or disaster in a municipality or other area within the jurisdiction of a local authority, the local authority may, for the purpose of acquiring one or more of the powers under subsection 12(1), declare a state of local emergency with respect to

(a) the entire municipality or other area; or

(b) a part of the municipality or other area, if only part of the municipality or other area is affected or likely to be affected by the major emergency or disaster.

9(2)        Subsection 11(2) is amended by striking out "Where the emergency" and substituting "Where the major emergency".

9(3)        The following is added after subsection 11(2):

Duration of declaration

11(2.1)     A declaration under subsection (1) or (2) is valid for a period of 30 days beginning on the day the declaration is made, unless a shorter period is stated in the declaration in accordance with clause (3)(d).

9(4)        Subsection 11(3) is replaced with the following:

Description of emergency and affected area

11(3)       A declaration of a state of local emergency

(a) must describe the major emergency or disaster that is the subject of the declaration;

(b) must state whether the declaration applies to all or a part of the municipality or other area within the jurisdiction of the local authority, as the case may be;

(c) must, if the declaration applies to a part of the municipality or other area, describe the affected area; and

(d) must, if the duration of the declaration is to be less than 30 days, state its duration.

Declaration to be communicated to minister

11(3.1)     Where a local authority or a mayor or reeve makes a declaration under this section, the local authority or the mayor or reeve, as the case may be, must forthwith communicate the details of the declaration to the minister.

9(5)        Subsection 11(5) is replaced with the following:

Extension of declaration

11(5)       If, on application by the local authority, the minister is satisfied that the local authority continues to require one or more of the powers under subsection 12(1) to resolve a major emergency or disaster for which a state of local emergency has been declared, the minister may extend the duration of the state of local emergency — with any changes to the geographic area affected by the declaration that the minister considers necessary — for further periods of up to 30 days each. Subsections (3), (3.1) and (4) apply, with the necessary changes, to an extension under this subsection.

9(6)        The following is added after subsection 11(5):

No subsequent declaration for same event

11(5.1)     A local authority, or a mayor or reeve acting under subsection (2), must not declare a state of local emergency in relation to a major emergency or disaster for which a state of local emergency has previously been declared.

9(7)        Subsection 11(6) is replaced with the following:

Information to co-ordinator

11(6)       Where a state of local emergency has been declared, the local authority must give the co-ordinator any information he or she requests about

(a) the need for powers under subsection 12(1) to resolve the major emergency or disaster; and

(b) the local authority's response to the major emergency or disaster and its effect on the municipality or other area under the authority's jurisdiction.

10(1)       Section 12 is amended

(a) by renumbering it as subsection 12(1);

(b) in the part before clause (a), by adding "or other area within its jurisdiction," after "municipality"; and

(c) in clause (k), by adding "or disaster" after "emergency".

10(2)       The following is added after subsection 12(1):

Compliance with evacuation order

12(2)       If an evacuation order is made under clause (1)(e), each person within the area that is subject to the evacuation order must leave the area

(a) immediately; or

(b) if a deadline for evacuation is specified in the evacuation order, by that deadline.

Exceptions

12(3)       Subsection (2) does not apply to an emergency responder, or other person, acting under the direction of a person designated as an on-site incident commander or site manager by the government or local authority.

Business continuity plans and critical services

12(4)       In addition to the powers set out in subsection (1), the minister may, during a state of emergency, issue an order to

(a) a critical service provider, requiring it to implement its business continuity plan, or any part of its plan, as may be specified in the order; or

(b) a critical service provider, or any other person, organization or entity that provides a critical service, requiring it to take the measures specified in the order to prevent

(i) danger to life, health or safety,

(ii) the destruction or serious deterioration of infrastructure or other property required for the economic well-being of Manitoba or the effective functioning of the government, or

(iii) serious damage to the environment.

Regulations Act not applicable

12(5)       The Regulations Act does not apply to an order made under this section.

11          In the following provisions, "8.2 or" is struck out:

(a) section 13;

(b) subsection 20(3);

(c) clauses 20.1(b) and 21(2)(a).

12          Subsection 14(1) is amended by striking out "the emergency" and substituting "the major emergency or disaster";

13(1)       Subsection 15(1) is amended by

(a) striking out "an emergency" and substituting "the major emergency or disaster"; and

(b) adding "or other area within the local authority's jurisdiction" after "municipality".

13(2)       Subsection 15(2) is replaced with the following:

Minister may terminate

15(2)       The minister may terminate a state of local emergency, when, in the opinion of the minister,

(a) the major emergency or disaster no longer exists;

(b) the state of local emergency was declared in contravention of subsection 11(5.1);

(c) the local authority has not satisfactorily provided the information requested by the co-ordinator under subsection 11(6); or

(d) the information provided in response to a request made under subsection 11(6) does not demonstrate a need for the local authority to have powers under subsection 12(1) to resolve the major emergency or disaster.

Upon terminating the state of local emergency, the minister must cause the details of the termination to be communicated by the most appropriate means to the local authority and residents of the affected area.

14          Subsection 16.1(2) is amended

(a) in the section heading, by striking out "Assistance" and substituting "Disaster assistance"; and

(b) in the subsection, by adding "disaster" before "assistance".

15          Subsection 17(6) is amended by striking out "respecting disaster assistance" and substituting "respecting claims for specific losses or expenses for disaster assistance".

16          The following is added after section 18:

Apprehension — failure to comply with emergency evacuation order

18.1(1)     If a peace officer reasonably believes that a person has failed to comply with an evacuation order made under section 12, and the person continues to refuse to comply with the order after being requested by the peace officer to evacuate, the peace officer may

(a) apprehend the person, without a warrant, for the purpose of taking the person to a place of safety; and

(b) take the person, or cause the person to be taken, to a place of safety.

Entry into premises — emergency evacuation order

18.1(2)     For greater certainty, where a peace officer reasonably believes that a person who has failed to comply with an evacuation order made under section 12 may be found within any premises, including a dwelling, the peace officer may enter the premises, without a warrant, in order to carry out anything authorized under subsection (1).

Reasonable force

18.1(3)     A peace officer may use reasonable force to carry out any action authorized under this section.

Information that must be provided

18.1(4)     A peace officer who apprehends a person under subsection (1) must promptly inform the person of the reason for the apprehension, and advise the person as to the place of safety to which he or she is being taken. A peace officer is not required to inform the person of his or her right to counsel or give the person an opportunity to consult counsel during the period of apprehension provided that the person is released immediately upon being taken to a place of safety.

Minimum period of apprehension

18.1(5)     A period of apprehension under this section must be no longer than is reasonably required to give effect to the evacuation order by taking the person to a place of safety. The person apprehended must be released immediately upon being taken to a place of safety.

Order to pay costs

18.2(1)     The co-ordinator may, by order, require a person who was apprehended under section 18.1 to pay the costs incurred by the government of any action taken under that section in relation to the person.

Enforcement of order

18.2(2)     An order to pay costs may be filed in the Court of Queen's Bench and enforced as if it were an order of the court.

Cost recovery by municipality

18.3        All costs that a municipality incurs respecting action taken under section 18.1 in relation to a person are a debt owing by that person to the municipality, and the municipality may collect the debt from the person in the same manner as taxes may be collected.

17(1)       Clause 20(1)(a) is replaced with the following:

(a) fails to comply with an order made under section 12 by the minister or a local authority;

(a.1) interferes with or obstructs the operation or intended operation of, or damages, any emergency infrastructure, whether or not a state of emergency or a state of local emergency has been declared;

17(2)       The following is added after subsection 20(1):

Definition

20(1.1)     For the purpose of clause (1)(a.1), "emergency infrastructure" means any works, infrastructure or thing — including water control works as defined in The Water Resources Administration Act — that is or may be needed to

(a) prevent an emergency or disaster from occurring or reduce the likelihood of such an occurrence; or

(b) reduce the effects of an emergency or disaster.

Arrest without warrant

20(1.2)     A peace officer who witnesses a person apparently committing an offence under subsection (1) may arrest the person without a warrant, but only if detaining the person is necessary to

(a) establish the person's identity;

(b) secure or preserve evidence relating to the offence; or

(c) prevent the continuation or repetition of the offence or the commission of another offence.

C.C.S.M. c. M225 amended

18          The Municipal Act is amended by adding the following after clause 312(i):

(i.1) emergency management services;

Coming into force

19          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Emergency Measures Act. The key changes include the following:

  • The circumstances in which a state of emergency may be declared or extended are clarified and the authority for local authorities to issue emergency prevention orders is repealed.
  • The government is authorized to designate "critical service providers" and to require them to prepare business continuity plans — which they may be required to implement under a state of emergency.
  • A peace officer is authorized to apprehend a person who fails to comply with an evacuation order issued under a state of emergency, but only for the purpose of taking the person to a place of safety.
  • A person who interferes with the operation of or damages any emergency infrastructure, including a water control work, may be charged with an offence.

The Bill also contains a related amendment to The Municipal Act.