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The Emergency Measures Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2006, c. 9

Bill 15, 4th Session, 38th Legislature

The Emergency Measures Amendment Act

(Assented to June 13, 2006)

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 definition:

"emergency management program" means a program prepared by a department under section 8.1; (« programme de gestion des situations d'urgence »)

3           The following is added after section 2:

EMO's mandate

2.1         The Emergency Measures Organization is responsible for

(a) overseeing and co-ordinating all aspects of emergency preparedness in the province; and

(b) managing, directing and co-ordinating the response of all departments to a disaster or emergency, other than initial response and incident management at the site of the disaster or emergency.

EMO's emergency preparation duties

2.2         The Emergency Measures Organization must

(a) prepare a provincial emergency preparedness program and a provincial emergency plan, and conduct regular reviews and revisions of the program and plan; and

(b) establish and maintain a registry containing a copy of every emergency plan and emergency management program in effect in the province.

4            The following is added after section 8:

Emergency management programs

8.1(1)      Every department must prepare an emergency management program in accordance with directions from the minister.

Contents

8.1(2)       A department's emergency management program must include the following:

(a) identification of the essential services the department will provide in a disaster or emergency;

(b) identification of the resources the department requires to provide the essential services;

(c) an assessment of the hazards and risks posed by various disasters and emergencies and how those disasters and emergencies might affect the department's ability to provide the essential services;

(d) a plan for how the department would provide the essential services if various disasters or emergencies were to occur.

Periodic review

8.1(3)      A department must review and revise its emergency management program on a regular basis and when directed to do so by the minister.

Program to co-ordinator

8.1(4)      A department must give the co-ordinator the most recent version of its emergency management program.

EMERGENCY PREVENTION ORDERS

Emergency prevention orders

8.2(1)      A local authority may issue an emergency prevention order if

(a) there is a real possibility that a disaster or emergency may occur in the municipality for which the local authority is responsible; and

(b) there is sufficient time to take measures to

(i) prevent the disaster or emergency from occurring, or

(ii) significantly reduce the effects of the disaster or emergency.

Requirements

8.2(2)      The emergency prevention order must be in writing and must state

(a) the disaster or emergency for which the order is made;

(b) the measures to be taken to prevent the disaster or emergency or reduce its effects;

(c) the area of the municipality that is subject to the order; and

(d) the period of time during which the order is in effect, which must not be longer than 30 days.

Powers in emergency prevention order

8.2(3)      In the emergency prevention order, the local authority may require any party to do one or more of the following to prevent the disaster or emergency or reduce its effects:

(a) control, permit or prohibit travel to or from any area or on any road, street or highway in the affected area;

(b) evacuate persons and remove livestock and personal property from the affected area, and make arrangements for the care and protection of those persons and that livestock and property;

(c) enter any building or land identified in the order without a warrant to take the emergency prevention measures specified in the order.

Communication of order

8.2(4)      The local authority must

(a) communicate the details of the emergency prevention order to residents of the affected area by the most appropriate means available; and

(b) send a copy of the order to the minister.

Extension

8.2(5)      An emergency prevention order may be extended with the approval of the minister for further periods of 14 days each, in which case subsection (4) applies.

Minister may terminate order

8.2(6)      The minister may terminate any emergency prevention order that, in his or her opinion, is not required. The minister must give notice of the termination to the local authority and the residents of the affected area by the most appropriate means available.

5(1)        Subsection 9(1) is amended

(a) in the section heading, by striking out "emergency plans" and substituting "provincial emergency plan";

(b) by striking out "or threatens" and substituting "or is imminent"; and

(c) by striking out "an emergency plan" and substituting "the provincial emergency plan".

5(2)        Subsection 9(2) is amended

(a) in the section heading of the French version, by striking out "locales" and substituting "d'urgence locaux"; and

(b) by striking out "or threatens" and substituting "or is imminent".

6(1)        The section heading for subsection 11(1) is replaced with "State of local emergency".

6(2)        The following is added after subsection 11(5):

Information to co-ordinator

11(6)       A local authority that has declared a state of local emergency must give the co-ordinator any information he or she requests about the authority's response to the disaster or emergency and its effects on the municipality.

7           Section 12 of the French version is amended in the part before clause (a) by striking out "la municipalité ou une" and substituting "à l'égard de la municipalité ou d'une".

8           Section 12.1 is renumbered as section 20.1 and replaced with the following:

Evidence of declaration or order

20.1        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 or state of local emergency; or

(b) an order made under section 8.2 or 12;

a certified or notarized copy of the declaration or order is admissible in evidence as proof of the statements contained in the declaration or order. Proof of the signature of the minister or members of the local authority is not required.

9           Section 13 is amended by striking out "section 12" and substituting "authority of an order made under section 8.2 or 12".

10          The heading for Part IV is replaced with "DISASTER ASSISTANCE".

11          The following is added after section 17:

PART V

GENERAL PROVISIONS

12(1)       Clause 20(1)(a) is replaced with the following:

(a) fails to comply with an order of the minister made under section 12 or an order of a local authority made under section 8.2 or 12;

12(2)       Subsection 20(2) is amended by striking out "A person who" and substituting "Subject to subsection (3), a person who".

12(3)       The following is added after subsection 20(2):

Penalty — failing to comply with evacuation order

20(3)       A person who fails to comply with an evacuation order made under section 8.2 or 12 is liable on summary conviction to a fine of not more than $50,000., or imprisonment for a term of not more than one year, or both.

13          Clause 21(2)(a) is amended by striking out "that section" and substituting "section 8.2 or 12".

Coming into force

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