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The Emergency Measures Amendment and Consequential Amendments Act

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If you need an official copy, contact Statutory Publications.

S.M. 1997, c. 28

THE EMERGENCY MEASURES AMENDMENT AND CONSEQUENTIAL AMENDMENTS ACT


 

(Assented to June 28, 1997)

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(1)      Section 1 is amended by repealing the definitions "co-ordinator", "local authority" and "municipality" and substituting the following in alphabetical order:

"co-ordinator" means the Executive Co-ordinator of the Manitoba Emergency Management Organization; (« coordonnateur »)

"local authority" means

(a) the council of an incorporated community as defined in The Northern Affairs Act,

(b) the council of a municipality,

(c) the council of an incorporated city, town or village,

(d) the resident administrator or council of a local government district,

(e) the Minister of Northern Affairs with respect to Northern Manitoba as defined in The Northern Affairs Act,

(f) the Minister of Natural Resources with respect to

(i) provincial parks designated under section 7 of The Provincial Parks Act,

(ii) Crown lands in Manitoba within the meaning of The Crown Lands Act, and

(iii) wildlife management areas or wildlife refuges designated under section 2 of The Wildlife Act,

(g) the Minister of Indian Affairs and Northern Development appointed under the Indian Act (Canada) with respect to a reserve as defined by that Act,

(h) the Minister of National Defence with respect to a Canadian Forces Base,

(i) the Minister responsible for national parks under the National Parks Act (Canada) with respect to a national park; (« autorité locale »)

"municipality" means

(a) an incorporated city, town or village,

(b) a municipality as defined by The Municipal Act,

(c) a local government district, and

(d) Northern Manitoba, as defined by The Northern Affairs Act. (« municipalité »)

2(2)      Section 1 is amended by adding the following definition in alphabetical order:

"private sector" means a person, partnership, unincorporated association or organization that is not a local authority and is not part of the Government of Manitoba or the Government of Canada.  (« secteur privé »)

3(1)      Subsection 2(1) is repealed and the following is substituted:

Manitoba Emergency Management Organization established

2(1)      The Manitoba Emergency Management Organization is established as a branch of the department administered by the minister.

3(2)      Subsection 2(2) is amended by striking out "Measures" and substituting "Management".

3(3)      Subsection 2(3) is repealed and the following is substituted:

Powers and duties

2(3)      The Manitoba Emergency Management Organization shall

(a) subject to the approval of the Lieutenant Governor in Council, prepare and maintain disaster assistance policies and guidelines for emergencies and disasters in Manitoba;

(b) consult with local authorities, government departments, the Government of Canada and the private sector in order to prepare specific proposals for the establishment and implementation of disaster assistance programs;

(c) develop and maintain policy and procedures for the submission and processing of claims for disaster assistance;

(d) receive and assess all disaster assistance claims from local authorities, government departments, the Government of Canada or the private sector;

(e) dispose of all claims for disaster assistance by providing disaster assistance or dismissing the claims; and

(f) perform other duties vested in it by this Act and the regulations or assigned to it by the minister.

4         Clause 7(d) is repealed and the following is substituted:

(d) require any part of the private sector to develop emergency preparedness plans and programs in conjunction with local authorities or the Manitoba Emergency Management Organization to ensure an effective response to any emergency that may result from operations in which that part of the private sector may be engaged, or from a condition that may exist on property owned by that part of the private sector.

5         Clause 8(d) is amended by striking out "Measures" and substituting "Management".

6(1)      Subsection 11(1) of the French version is amended by striking out "d'urgence locale" and substituting "d'urgence local".

6(2)      Subsection 11(2) is amended by striking out "rural" and substituting "a".

6(3)      Subsection 11(2) of the French version is amended by striking out "d'urgence locale" and substituting "d'urgence local".

6(4)      Subsection 11(4) of the French version is amended by striking out "d'urgence locale" and substituting "d'urgence local".

7(1)      Section 12 is amended in the part preceding clause (a) by adding "issue an order to any party to" before "do everything necessary".

7(2)      Section 12 of the French version is amended by striking out "d'urgence locale" and substituting "d'urgence local".

8         The following is added after section 12:

Evidence of declaration or order

12.1      In a proceeding under this Act in which proof is required as to the existence or contents of

(a) a declaration of a state of emergency;

(b) a declaration of a state of local emergency; or

(c) an order issued under section 12;

a certified or notarized copy of the declaration or order is admissible in evidence as prima facie proof of the statements contained in the declaration or order, without proof of the signature of the minister or the local authority.

9         Section 15 of the French version is amended by striking out "d'urgence locale" and substituting "d'urgence local" wherever it occurs.

10        The following is added after section 16:

Disaster assistance for loss

16.1(1)   The Manitoba Emergency Management Organization may provide disaster assistance to any claimant described in clause 2(3)(d) for loss resulting from a disaster, in accordance with the policy and guidelines for disaster assistance approved by the Lieutenant Governor in Council.

Assistance is gratuitous

16.1(2)   Any assistance granted under this Act is gratuitous and, subject to subsection 17(6), is not subject to appeal or review in any court of law.

11(1)     Subsection 17(1) is amended by adding "Appeal" after "Assistance" in the section heading and in the section.

11(2)     In subsections 17(2) to (4), "board" is struck out and "Disaster Assistance Appeal Board" is substituted.

11(3)     In subsection 17(5), "board" is struck out and "Disaster Assistance Appeal Board" is substituted.

11(4)     Subsections 17(6) to 17(9) are repealed and the following is substituted:

Disaster assistance appeal

17(6)     A claimant may appeal a decision of the Manitoba Emergency Management Organization respecting disaster assistance to the Disaster Assistance Appeal Board.

Duties of board

17(7)     The Disaster Assistance Appeal Board shall

(a) set a fee payable by an appellant for the hearing of an appeal;

(b) hear appeals from the disposition of claims for disaster assistance by the Manitoba Emergency Management Organization; and

(c) dispose of an appeal by confirming, varying or setting aside the decision of the Manitoba Emergency Management Organization with respect to disaster assistance.

No further appeal

17(8)     A decision of the Disaster Assistance Appeal Board under clause (7)(c) is not subject to appeal or review in any court of law.

Annual report

17(9)     Within six months after the end of each fiscal year, the Disaster Assistance Appeal Board shall submit to the minister a report of its activities during that fiscal year.

12        Section 20 is repealed and the following is substituted:

Offence

20(1)     A person commits an offence where that person

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

(b) interferes with or obstructs a person in the exercise of any power or the performance of any duty conferred or imposed by this Act or the regulations; or

(c) contravenes this Act or the regulations.

Penalty

20(2)     A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term of not more than one year or a fine of not more than $10,000., or both.

Consequential amendments, C.C.S.M. c. H60

13(1) The Highway Traffic Act is amended by this section.

13(2)     The definition "government emergency organization" in subsection 1(1) is amended by striking out "Manitoba Emergency Measures Organization" and substituting "Manitoba Emergency Management Organization".

13(3)     Subsection 44(2) is amended by striking out "Manitoba Emergency Measures Organization" and substituting "Manitoba Emergency Management Organization".

Coming into force

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