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The Emergency Measures Act
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This version is current as of September 22, 2020.
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C.C.S.M. c. E80 The Emergency Measures Act
Enacted by Proclamation status (for any provisions coming into force by proclamation)

SM 1987-88, c. 11
Amended by
SM 1989-90, c. 90, s. 13
SM 1990-91, c. 12, s. 7
SM 1994, c. 20, s. 5
SM 1997, c. 28
SM 2000, c. 35, s. 36
SM 2002, c. 26, Part 2
SM 2004, c. 18, s. 14

• in force: 20 Apr 2005 (Man. Gaz.: 30 Apr 2005)

SM 2005, c. 12
SM 2005, c. 17, s. 82

• in force: 1 Jan 2006 (Man. Gaz.: 26 Nov 2005)

SM 2006, c. 9
SM 2008, c. 28, s. 6

• in force: 28 Feb 2011 (Man. Gaz.: 5 Mar 2011)

SM 2012, c. 40, s. 55
SM 2013, c. 12

• in force: 1 Apr 2014 (Man. Gaz.: 29 Mar 2014)

SM 2013, c. 39, Sch. A, s. 51

• in force: 1 May 2014 (Man. Gaz.: 3 May 2014)

SM 2015, c. 43, s. 13
SM 2017, c. 26, s. 11
SM 2020, c. 6

 

C.C.S.M. c. E80

The Emergency Measures Act

(Assented to July 17, 1987)

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

Definitions

1           In this Act

"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 »)

"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 »)

"co-ordinator" means the Executive Director of the Emergency Measures Organization; (« coordonnateur »)

"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 »)

"department" means a department of the government of Manitoba and includes a Crown agency, board or commission established by the government of Manitoba; (« ministère »)

"disaster" means a calamity, however caused, which has resulted in or may result in

(a) the loss of life, or

(b) serious harm or damage to the safety, health or welfare of people, or

(c) wide-spread damage to property or the environment; (« sinistre »)

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

"emergency" means a present or imminent situation or condition that requires prompt action to prevent or limit

(a) the loss of life, or

(b) harm or damage to the safety, health or welfare of people, or

(c) damage to property or the environment; (« situation d'urgence »)

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

"emergency plan" means a plan for preparing for, responding to and recovering from emergencies and disasters; (« plan d'urgence »)

"emergency preparedness program" means a program designed to achieve a state of readiness for emergencies and disasters; (« programme de préparatifs d'urgence »)

"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 Aboriginal and Northern Affairs with respect to Northern Manitoba as defined in The Northern Affairs Act,

(f) the Minister of Conservation and Water Stewardship 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 »)

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

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"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 »)

"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 »)

"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 »)

S.M. 1997, c. 28, s. 2; S.M. 2000, c. 35, s. 36; S.M. 2002, c. 26, s. 5; S.M. 2005, c. 12, s. 2; S.M. 2006, c. 9, s. 2; S.M. 2012, c. 40, s. 55; S.M. 2013, c. 12, s. 2.

PART I

ADMINISTRATION

Emergency Measures Organization

2(1)        The Manitoba Emergency Management Organization is continued under the name "Emergency Measures Organization" as a branch of the department administered by the minister.

Staff

2(2)        A co-ordinator and such officers and employees as may be required may be appointed in accordance with The Civil Service Act for the administration of the Emergency Measures Organization.

Powers and duties

2(3)        The Emergency Measures 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.

S.M. 1997, c. 28, s. 3; S.M. 2002, c. 26, s. 6.

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 major emergency or disaster.

S.M. 2006, c. 9, s. 3; S.M. 2013, c. 12, s. 3.

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.

S.M. 2006, c. 9, s. 3.

Advisory committee

3           The Lieutenant Governor in Council may appoint an Advisory Committee consisting of such members of the Executive Council as may be designated from time to time to advise the minister and the Executive Council on matters relating to emergencies and disasters and to recommend emergency preparedness programs and emergency plans.

S.M. 2002, c. 26, s. 7.

Other committees and boards

4           The Lieutenant Governor in Council may appoint other committees and boards as may be necessary or desirable to assist the Advisory Committee, the minister or the co-ordinator.

Remuneration

5           The members of any committee or board appointed under section 4 may be paid

(a) such remuneration for their services; and

(b) such reasonable expenses incurred by them in carrying out their duties as members thereof;

as may be fixed by the minister.

PART II

EMERGENCY PREPAREDNESS

Powers of the L.G. in C.

6           The Lieutenant Governor in Council may make orders and regulations

(a) concerning the establishment, review, modification and approval of emergency preparedness programs and emergency plans;

(b) assigning responsibility to persons, departments, boards, committees, commissions, crown agencies or organizations for the preparation, implementation and amendment of emergency preparedness programs and emergency plans;

(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;

(c) delegating to a person, board or committee appointed under this Act, any of the powers vested by this Act in the minister;

(d) governing the assessment of damage or loss caused by emergencies or disasters and the payment of compensation for such damage or loss;

(e) governing the sharing of costs incurred by the Government of Manitoba or by a local authority in carrying out emergency operations;

(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;

(f) concerning any other matter or thing necessary for the administration of this Act and for which no specific provision is made in this Act.

S.M. 2002, c. 26, s. 8; S.M. 2005, c. 12, s. 3; S.M. 2013, c. 12, s. 4.

Powers and duties of the minister

7           The minister may

(a) enter into agreements respecting emergency preparedness programs, mitigation of hazards and risks, recovery from emergencies and disasters, 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;

(b) enter into agreements and make payments for goods and services required for the development or implementation of emergency preparedness programs and emergency plans;

(c) divide the province into regions and areas for the purpose of organizing integrated emergency preparedness programs, emergency plans, procedures, operations and mutual assistance programs;

(d) require any part of the private sector to develop emergency preparedness programs and emergency plans in conjunction with local authorities or the Emergency Measures 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.

S.M. 1997, c. 28, s. 4; S.M. 2002, c. 26, s. 9; S.M. 2005, c. 12, s. 4; S.M. 2013, c. 12, s. 5.

Powers of the local authorities

8(1)        Every local authority

(a) shall establish a committee of members of the community to advise the authority on the development of emergency preparedness programs and emergency plans;

(b) shall establish and maintain a local emergency response control group;

(c) shall appoint a person from the local emergency response control group and prescribe the duties of that person including the preparation and co-ordination of emergency preparedness programs and emergency plans for the local authority;

(d) shall prepare and adopt emergency preparedness programs and emergency plans and submit them to the co-ordinator for approval and co-ordination with other emergency preparedness programs and emergency plans;

(e) may enter into mutual aid agreements with the government, any local authority, any department or any person with respect to the establishment, development or implementation of emergency preparedness programs and emergency plans and the conduct of emergency operations;

(f) may expend such sums as may be required in the establishment, development or implementation of emergency preparedness programs and emergency plans; and

(g) shall implement its emergency preparedness programs as approved under this section.

Approval of program or plan

8(2)        After a program or 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 local authority for further action, with any recommendations or directions the co-ordinator considers appropriate.

When program or plan is not approved

8(3)        When a program or plan is referred back to a local authority for further action, the local authority must take that action in accordance with the co-ordinator's directions and resubmit it to the co-ordinator for approval.

Minister may act on behalf of local authority

8(4)        The minister may set a deadline for a local authority to comply with clause (1)(d) or subsection (3). If the local authority does not meet the deadline or any extension allowed by the minister, the minister may cause an emergency preparedness program or an emergency plan to be prepared or revised in consultation with the local authority and submitted to the local authority for adoption and to the co-ordinator for approval.

Failure to adopt program or plan

8(5)        If the co-ordinator approves a program, plan or revision submitted under subsection (4) but the local authority does not adopt it, the minister may designate the program or plan, or the revised program or plan, as the local authority's program or plan.

Costs are debt due to government

8(6)        Any costs incurred by the government in causing a program or plan to be prepared or revised on behalf of a local authority under subsection (4) are a debt due to the government by the municipality for which the local authority is responsible.

Changes to be submitted for approval

8(7)         When a local authority proposes to change an emergency preparedness program or emergency plan, clause (1)(d) and subsections (2) to (6) apply, with necessary modifications, to the proposed change.

Periodic review

8(8)        A local authority must review and revise its emergency preparedness programs and emergency plans from time to time as required by the regulations, to ensure that they continue to meet the standards prescribed by regulation.

Transitional

8(9)        A program or plan that was submitted to the co-ordinator before this subsection came into force is not required to be resubmitted under clause (1)(d). But the co-ordinator may approve it or refer it back to the local authority under subsection (2).

S.M. 1997, c. 28, s. 5; S.M. 2002, c. 26, s. 10.

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.

S.M. 2006, c. 9, s. 4.

8.2         [Repealed]

S.M. 2006, c. 9, s. 4; S.M. 2013, c. 12, s. 6.

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.

S.M. 2013, c. 12, s. 7.

PART III

EMERGENCY RESPONSE

Implementation of provincial emergency plan

9(1)        When an emergency exists or is imminent or a disaster has occurred or is imminent, the minister or other persons designated in the provincial emergency plan may cause the plan to be implemented.

Implementation of local emergency plans

9(2)        When, in the opinion of the local authority, an emergency exists or is imminent or a disaster has occurred or is imminent, the local authority or other persons designated in its emergency plans may cause the plans to be implemented.

S.M. 2002, c. 26, s. 11; S.M. 2006, c. 9, s. 5.

Declaration of a state of emergency

10(1)       In the event of a major emergency or disaster the minister may declare a state of emergency in respect to all or any part of the province.

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.

Communication of declaration

10(3)       Immediately after the declaration of a state of emergency, the minister shall cause the details of the declaration to be communicated by the most appropriate means to the residents of the affected area.

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.

Statutes and Regulations Act does not apply

10(5)       The Statutes and Regulations Act does not apply to a declaration under subsection (1) or to an extension of the duration of a declaration under subsection (4).

S.M. 1989-90, c. 90, s. 13; S.M. 2013, c. 12, s. 8; S.M. 2013, c. 39, Sch. A, s. 51.

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.

Mayor or reeve may declare

11(2)       Where the major emergency or disaster is within an incorporated city, town, village or a municipality and the local authority is unable to act quickly, the appropriate mayor or reeve may declare a state of local emergency under subsection (1).

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).

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.

Communication of declaration

11(4)       Where the local authority declares a state of local emergency under subsection (1) or the mayor or reeve declares a state of local emergency under subsection (2), the local authority or the mayor or reeve, as the case may be, shall cause the details of the declaration to be communicated by the most appropriate means to the residents of the affected area.

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.

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.

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.

S.M. 1997, c. 28, s. 6; S.M. 2006, c. 9, s. 6; S.M. 2013, c. 12, s. 9.

Order powers — minister, local authority

12(1)       Upon the declaration of, and during a state of emergency or a state of local emergency, the minister may, in respect of the province or any area thereof, or the local authority may, in respect of the municipality or other area within its jurisdiction, or an area thereof, issue an order to any party to do everything necessary to prevent or limit loss of life and damage to property or the environment, including any one or more of the following things:

(a) cause emergency plans to be implemented;

(b) utilize any real or personal property considered necessary to prevent, combat or alleviate the effects of any emergency or disaster;

(c) authorize or require any qualified person to render aid of such type as that person may be qualified to provide;

(d) control, permit or prohibit travel to or from any area or on any road, street or highway;

(e) cause the evacuation of persons and the removal of livestock and personal property and make arrangements for the adequate care and protection thereof;

(f) control or prevent the movement of people and the removal of livestock from any designated area that may have a contaminating disease;

(g) authorize the entry into any building, or upon any land without warrant;

(h) cause the demolition or removal of any trees, structure or crops in order to prevent, combat or alleviate the effects of an emergency or a disaster;

(i) authorize the procurement and distribution of essential resources and the provision of essential services;

(i.1) regulate the distribution and availability of essential goods, services and resources;

(j) provide for the restoration of essential facilities, the distribution of essential supplies and the maintenance and co-ordination of emergency medical, social and other essential services;

(k) expend such sums as are necessary to pay expenses caused by the emergency or disaster.

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.

Evacuation and rescue plan required

12(3.1)     An on-site incident commander or site manager mentioned in subsection (3) must not permit a person to remain in an area that is subject to an evacuation order without having a plan for safely evacuating the person in a timely manner and having the means available to carry it out.

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.

Minister's order to prevail

12(6)       Where there is a conflict between an order of the minister made under this section and

(a) an order of a local authority made under this section; or

(b) a provision of, or an order made under, any other Act of the Legislature;

the minister's order prevails.

S.M. 1997, c. 28, s. 7; S.M. 2002, c. 26, s. 12; S.M. 2013, c. 12, s. 10; S.M. 2015, c. 43, s. 13; S.M. 2020, c. 6, s. 2 and s. 9.

12.1        Renumbered as section 20.1.

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.

S.M. 2005, c. 12, s. 5.

Emergency orders — Lieutenant Governor in Council

12.3(1)     Upon the declaration of, and during a state of emergency or a state of local emergency, the Lieutenant Governor in Council may, in respect of the province or any area of it, make any order that the Lieutenant Governor in Council considers necessary and essential in the circumstances to prevent, reduce or mitigate serious harm, or substantial damage, to persons or property or the effects of fiscal or economic disruption if, in the opinion of the Lieutenant Governor in Council, it is reasonable to believe that

(a) making an order is a reasonable alternative to other actions, measures or procedures that might be taken to address the emergency or disaster; and

(b) the actions, measures or procedures provided for in the order

(i) alleviate the harm or damage resulting from the emergency or disaster, or

(ii) enable an effective response to the emergency or disaster.

Limitations on emergency order

12.3(2)     An emergency order is subject to the following limitations:

1.

Any action taken or done under the authority of the emergency order shall be exercised in a manner which, consistent with the objectives of the order, limits their intrusiveness.

2.

An emergency order shall apply only to the areas of the province where it is necessary.

3.

An emergency order shall be in effect only for as long as it is necessary but not more than six months from the day it becomes effective.

Subject matter for emergency orders

12.3(3)     In accordance with subsection (1) and subject to the limitations in subsection (2), the Lieutenant Governor in Council may make orders

(a) providing for the establishment of facilities for the care, safety, health or welfare of people, including emergency shelters and hospitals;

(b) fixing prices for necessary goods, services and resources and prohibiting the charging of unconscionable prices in respect of necessary goods, services and resources;

(c) requiring that any person collect, use or disclose information but only for the purposes of this section;

(d) doing any of the things listed in subsection 12(1) or (4) in relation to an emergency order;

(e) providing for the taking or doing of such other actions, or the implementation of such other measures or procedures, as the Lieutenant Governor in Council considers necessary to alleviate or respond to the effects of the emergency or disaster.

General or specific

12.3(4)     An emergency order may be general or specific in its application.

Commencement and retroactive effect

12.3(5)     An emergency order

(a) takes effect on the day that is made; or

(b) if it so provides, may have retroactive effect to a day specified in the order, which shall be no earlier than the day on which a state of emergency was declared under section 10 or 11.

Disallowance by Assembly

12.3(6)     The Assembly may, by resolution, disallow an emergency order. If the Assembly passes such a resolution, the order is revoked as of the day that the resolution passes.

Local authority by-laws do not apply

12.3(7)     A by-law of a local authority (as defined in section 12.4) that is inconsistent with an emergency order is of no force or effect to the extent of the inconsistency.

Emergency order re information collection and disclosure

12.3(8)     Information that is subject to an emergency order made under clause (3)(c) is subject to any law with respect to the privacy and confidentiality of personal information when the state of emergency is terminated, including The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act.

Conflict

12.3(9)     In the event of a conflict between an emergency order and any other enactment or a by-law, licence, permit, approval, agreement or instrument, the order prevails unless the other enactment, by-law, licence, permit, approval, agreement or instrument specifically provides that it is to apply despite this Act.

Publication

12.3(10)    An emergency order must be published on a government website as soon as reasonably practicable.

Statutes and Regulations Act does not apply

12.3(11)    The Statutes and Regulations Act does not apply to an emergency order.

Repeal

12.3(12)    This section is repealed one year after the day it comes into force.

Definition

12.3(13)    In this section, "emergency order" means an order made under this section.

S.M. 2020, c. 6, s. 3.

Definitions

12.4        The following definitions apply in sections 12.5 to 12.16.

"administrative tribunal" means a body established or an individual appointed by or under an Act to decide matters in accordance with the authority given under that Act, but does not include

(a) a judicial justice of the peace appointed under The Provincial Court Act;

(b) the Provincial Court or a judge of that court;

(c) the Court of Queen's Bench or a judge or master of that court; or

(d) the Court of Appeal or a judge of that court. (« tribunal administratif »)

"enactment" means an Act, or a regulation as defined in The Statutes and Regulations Act, or any provision of an Act or regulation. (« texte »)

"local authority" has the same meaning as in subsection 8(3) of The Statutes and Regulations Act. (« autorité locale »)

"temporary suspension order" means an order made under subsection 12.6(3). (« décret portant suspension temporaire »)

"temporary suspension period" means the period of time during which a temporary suspension order is in effect as determined under subsection 12.7(2). (« période de suspension temporaire »)

S.M. 2020, c. 6, s. 3.

Purpose — temporary suspension order

12.5        The purpose of sections 12.6 to 12.13 is to authorize the Lieutenant Governor in Council to make appropriate orders when, in the opinion of the Lieutenant Governor in Council, victims of an emergency or disaster or other persons affected by an emergency or disaster need greater services, programs, benefits or compensation than the laws of Manitoba provide or may be prejudiced by the operation of the laws of Manitoba.

S.M. 2020, c. 6, s. 3.

Application — temporary suspension order

12.6(1)     This section applies to the following:

(a) a provision that governs services, programs, benefits or compensation, including by

(i) fixing maximum amounts,

(ii) establishing eligibility requirements,

(iii) requiring that something be proved or supplied before services, programs, benefits or compensation become available,

(iv) requiring the payment of a fee to access a service or program,

(v) restricting how often a service or benefit may be provided or a payment may be made in a given time period, or

(vi) restricting the duration of services, programs, benefits or compensation or the time period during which they may be provided;

(b) a provision that governs an action or activity in respect of carrying out a business or participating in a regulated activity, including by establishing a deadline or time period within which a report or information must be filed or submitted;

(c) a provision that establishes a limitation period or a time period within which a step must be taken in a proceeding;

(d) a provision that requires the payment of a fee in respect of a proceeding or in connection with anything done in the administration of justice;

(e) a provision that requires the holding of a proceeding in person, including an administrative tribunal hearing;

(f) a provision that requires an action or activity to be undertaken in the presence of a person;

(g) a provision that requires the payment of late fees, interest or a monetary penalty.

Restrictions — temporary suspension order

12.6(2)     This section does not authorize

(a) making any reduction in services, programs, benefits or compensation;

(b) shortening a limitation period; or

(c) increasing the amount of a fee or penalty.

Temporary suspension order — Lieutenant Governor in Council

12.6(3)     If

(a) a state of emergency has been declared under section 10 or 11;

(b) the Lieutenant Governor in Council is of the opinion that the order would facilitate providing assistance to victims of the emergency or disaster or would otherwise help victims or other persons in dealing with the emergency or disaster and its aftermath; and

(c) the Attorney General recommends the making of the order;

then the Lieutenant Governor in Council may, by order,

(d) temporarily suspend the operation of a provision of an enactment or a by-law of a local authority; and

(e) if it is appropriate to do so, set out a replacement provision to be in effect only during the temporary suspension period.

General or specific

12.6(4)     A temporary suspension order may be general or specific in its application.

S.M. 2020, c. 6, s. 3.

Limited duration of temporary suspension order

12.7(1)     A temporary suspension order is in effect for the period of time stated in the order unless sooner revoked by the Lieutenant Governor in Council.

Determination of temporary suspension period

12.7(2)     The temporary suspension period is to be one of the following:

(a) the duration of the state of emergency;

(b) a specified number of days;

(c) any other period of time set out in the order.

For clauses (b) and (c), the period of time shall not be more than six months from the day the order becomes effective.

Retroactive effect

12.7(3)     A temporary suspension order may have retroactive effect but it shall not be in effect earlier than the day on which the state of emergency was declared under section 10 or 11.

S.M. 2020, c. 6, s. 3.

Renewal of temporary suspension order

12.8        If a temporary suspension period ends during the state of emergency, the Lieutenant Governor in Council may renew the order before the period ends.

S.M. 2020, c. 6, s. 3.

Effect of temporary suspension — limitation and other periods

12.9(1)     If a provision establishing a limitation period or other time period described in clause 12.6(1)(c) is suspended under the authority of a temporary suspension order and the order does not provide for a replacement period, the period resumes running on the day on which the temporary suspension period ends, and the temporary suspension period must not be counted.

Effect of temporary suspension — fee

12.9(2)     If a provision requiring the payment of a fee is suspended under the authority of a temporary suspension order and the order does not provide for a replacement fee, no fee is payable at any time with respect to any thing done during the temporary suspension period.

Effect of temporary suspension — late fees, interest, penalties

12.9(3)     If a provision requiring the payment of late fees, interest or a monetary penalty is suspended under the authority of a temporary suspension order and the order does not set out a replacement provision, no late fee, interest or penalty is payable at any time during the temporary suspension period, and the late fee, interest or penalty must not accrue.

S.M. 2020, c. 6, s. 3.

Compliance with replacement provision

12.10       A person who complies with a replacement provision set out in a temporary suspension order is deemed to have complied with the provision in the enactment or by-law for which the replacement is provided.

S.M. 2020, c. 6, s. 3.

Conflict

12.11       In the event of a conflict between a temporary suspension order and any other enactment or a by-law, licence, permit, approval, agreement or instrument, the order prevails unless the other enactment, by-law, licence, permit, approval, agreement or instrument specifically provides that it is to apply despite this Act.

S.M. 2020, c. 6, s. 3.

Publication

12.12       A temporary suspension order must be published on a government website as soon as reasonably practicable.

S.M. 2020, c. 6, s. 3.

Statutes and Regulations Act does not apply

12.13       The Statutes and Regulations Act does not apply to a temporary suspension order.

S.M. 2020, c. 6, s. 3.

Order — varying reporting deadlines for government and government agencies

12.14(1)    When a state of emergency has been declared under section 10 or 11, the Lieutenant Governor in Council may, by order, temporarily vary a deadline or time period in an enactment within which the government, including a minister or a department, or a government agency, is obligated to file, submit or table a report or information.

Duration of varied deadline

12.14(2)    The duration of the varied deadline or varied time period must be specified in the order, which shall not be more than six months after the day the order becomes effective. If the order so provides, it may have retroactive effect to a day specified in the order, which shall be no earlier than the day on which the state of emergency was declared.

Compliance

12.14(3)    The government or government agency is deemed to have complied with the obligation in the enactment when it complies with the varied deadline or time period.

Other provisions apply

12.14(4)    Sections 12.11 to 12.13 apply to an order made under subsection (1), with necessary changes.

S.M. 2020, c. 6, s. 3.

Speaker may vary deadline or time period

12.15(1)    When a state of emergency has been declared under section 10 or 11, the Speaker of the Assembly may temporarily vary a deadline or time period in an enactment within which an independent officer of the Assembly or member of the Assembly is obligated to file, submit or table a report or information.

Duration of varied deadline

12.15(2)    The duration of the varied deadline or time period must be specified. The variation may have retroactive effect to a specified day, which shall be no earlier than the day on which the state of emergency was declared.

Expiry

12.15(3)    The variation ceases to have effect at the end of the next session of the Legislature unless sooner revoked by the Speaker.

Compliance

12.15(4)    An independent officer or member of the Assembly who complies with the varied deadline or time period is deemed to have complied with the obligation in the enactment.

Other provisions apply

12.15(5)    Sections 12.11 to 12.13 apply to a variation made under subsection (1), with necessary changes.

S.M. 2020, c. 6, s. 3.

Order may not be made re information access request

12.16       An order made under section 12.3, 12.6, 12.14 or 12.15 must not be made in relation to a response to a request under The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act.

S.M. 2020, c. 6, s. 3.

Compensation for loss

13          Notwithstanding subsection 18(1), where as a result of any action taken or done under authority of an order made under section 12 or 12.3 a person suffers any loss of any real or personal property, the minister or the local authority, as the case may be, shall compensate the person for the loss in accordance with such guidelines as may be approved by the Lieutenant Governor in Council.

S.M. 2006, c. 9, s. 9; S.M. 2013, c. 12, s. 11; S.M. 2020, c. 6, s. 4.

Termination of state of emergency

14(1)       The minister may terminate a state of emergency with respect to the province or area thereof identified in the declaration of a state of emergency when, in the opinion of the minister, the major emergency or disaster no longer exists, and shall forthwith cause the details of the termination to be communicated by the most appropriate means to the residents of the affected areas.

Statutes and Regulations Act does not apply

14(2)       The Statutes and Regulations Act does not apply to the termination of a state of emergency under subsection (1).

S.M. 1989-90, c. 90, s. 13; S.M. 1990-91, c. 12, s. 7; S.M. 2013, c. 12, s. 12; S.M. 2013, c. 39, Sch. A, s. 51.

Termination of a state of local emergency

15(1)       When, in the opinion of the local authority, the major emergency or disaster no longer exists in any area of the municipality or other area within the local authority's jurisdiction for which a declaration of a state of local emergency was made, it may terminate the declared state of local emergency, and shall forthwith send a copy of the declaration to the minister and cause the details of the termination to be communicated by the most appropriate means to the residents of the affected area.

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.

Statutes and Regulations Act does not apply

15(3)       The Statutes and Regulations Act does not apply to the termination of a state of local emergency under subsection (2).

S.M. 1989-90, c. 90, s. 13; S.M. 2013, c. 12, s. 13; S.M. 2013, c. 39, Sch. A, s. 51.

PART IV

DISASTER ASSISTANCE

Recovery of expenditures

16          Where any expenditure with respect to an emergency or disaster is made by the government of Manitoba to or for the benefit of a municipality, it may be required to pay to the Minister of Finance the amount thereof or such portion thereof and on such terms as may be specified by the Lieutenant Governor in Council.

Disaster assistance for loss

16.1(1)     The Emergency Measures 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.

Disaster assistance is gratuitous

16.1(2)     Any disaster 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.

S.M. 1997, c. 28, s. 10; S.M. 2002, c. 26, s. 6; S.M. 2013, c. 12, s. 14.

Establishment of Disaster Assistance Appeal Board

17(1)       The Lieutenant Governor in Council shall appoint a board to be known as the Disaster Assistance Appeal Board consisting of three or more persons.

Appointing additional members

17(1.1)     Without limiting the generality of subsection (1), the Lieutenant Governor in Council may at any time appoint additional members to the Disaster Assistance Appeal Board to enable it to carry out its duties under this Act, The Water Resources Administration Act and The Red River Floodway Act.

Chairperson and vice-chairperson

17(2)       The Lieutenant Governor in Council shall appoint one of the persons appointed under subsection (1) as the chairperson of the Disaster Assistance Appeal Board and another as vice-chairperson.

Role of the vice-chairperson

17(2.1)     The vice-chairperson has the authority of the chairperson if the chairperson is absent or unable to act, or when authorized by the chairperson.

Term of office

17(3)       The members of the Disaster Assistance Appeal Board shall hold office for such term as may be fixed in the order appointing them and thereafter until their successors are appointed.

Remuneration

17(4)       The members of the Disaster Assistance Appeal Board who are not civil servants may be paid such remuneration and out-of-pocket expenses as may be authorized by the Lieutenant Governor in Council.

Rules of procedure

17(5)       The Disaster Assistance Appeal Board may make rules governing its procedure and is responsible to the minister for the performance of its duties.

Board may sit in panels

17(5.1)     The Disaster Assistance Appeal Board may carry out its duties under this Act, The Water Resources Administration Act and The Red River Floodway Act in panels of not fewer than three members.

Chairperson to determine panel membership

17(5.2)     The chairperson is to determine which members of the Disaster Assistance Appeal Board are to constitute the panel to hear an appeal under this Act or decide an appeal under The Water Resources Administration Act or The Red River Floodway Act.

Decision of panel is a decision of the Board

17(5.3)     A decision of a panel about an appeal under this Act, The Water Resources Administration Act or The Red River Floodway Act is the decision of the Disaster Assistance Appeal Board.

Disaster assistance appeal

17(6)       A claimant may appeal a decision of the Emergency Measures Organization respecting claims for specific losses or expenses for 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 Emergency Measures Organization; and

(c) dispose of an appeal by confirming, varying or setting aside the decision of the Emergency Measures 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.

S.M. 1997, c. 28, s. 11; S.M. 2002, c. 26, s. 6; S.M. 2004, c. 18, s. 14; S.M. 2008, c. 28, s. 6; S.M. 2013, c. 12, s. 15.

PART V

GENERAL PROVISIONS

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.

Prerogative writs not to apply

18(2)       No person acting or purporting to act in accordance with the provisions of this Act or the regulations shall be restrained in performing that act or be subject to any proceedings by way of injunction, mandamus, prohibition or certiorari.

S.M. 2005, c. 12, s. 6.

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 or 12.3, 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 or 12.3 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.

S.M. 2013, c. 12, s. 16; S.M. 2020, c. 6, s. 5.

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.

S.M. 2013, c. 12, s. 16.

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.

S.M. 2013, c. 12, s. 16.

19          [Repealed]

S.M. 2005, c. 17, s. 82.

Regulations re enforcement officer

19.1        The Lieutenant Governor in Council may, by regulation, designate a person or class of persons authorized to enforce this Act, including an order made under this Act, subject to any restrictions or conditions specified in the regulation.

S.M. 2020, c. 6, s. 6.

Offence

20(1)       A person is guilty of an offence where that person

(a) fails to comply with an order made under section 12 or 12.3;

(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;

(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.

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.

Penalty — individual

20(2)       Subject to subsection (3), a person, other than a corporation, who is guilty of an offence under subsection (1) is liable on conviction to a fine of not more than $50,000, or imprisonment for a term of not more than one year, or both.

Penalty — corporation

20(2.1)     A corporation that is guilty of an offence under subsection (1) is liable on conviction to a fine of not more than $1,000,000.

Penalty — failing to comply with evacuation order

20(3)       A person who fails to comply with an evacuation order made under section 12 or 12.3 is liable on summary conviction to a fine of not more than $500,000, or imprisonment for a term of not more than one year, or both.

Time limit for prosecution

20(4)       A prosecution under this Act may be commenced within two years after the offence is alleged to have occurred, but not afterwards.

Increased penalty

20(5)       Despite the maximum fines set out under subsections (2) and (2.1), the court that convicts a person of the offence of failing to comply with an order made under section 12.3 may increase a fine imposed on the person by an amount equal to the financial benefit that was acquired by or that accrued to the person as a result of the commission of the offence.

Exception

20(6)       A person must not be charged with an offence for failing to comply with an order made under this Act or interference or obstruction in respect of an order that is retroactive to a day that is specified in the order if the failure to comply, interference or obstruction is in respect of conduct that occurred before the order was made but is after the retroactive date specified in the order.

Due diligence defence

20(7)       No person shall be found to have failed to comply with an order under section 12 or 12.3 if the person can establish that they took all reasonable steps to prevent the failure.

S.M. 1997, c. 28, s. 12; S.M. 2006, c. 9, s. 12; S.M. 2013, c. 12, s. 11 and 17; S.M. 2020, c. 6, s. 7.

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 12 or 12.3;

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.

S.M. 1997, c. 28, s. 8; S.M. 2006, c. 9, s. 8; S.M. 2013, c. 12, s. 11; S.M. 2020, c. 6, s. 8.

Act to prevail

21(1)       Where there is a conflict between any provision of this Act and a provision of any other Act of the Legislature, the provision of this Act prevails.

21(2)       Renumbered as subsection 12(6).

S.M. 2002, c. 26, s. 13; S.M. 2006, c. 9, s. 13; S.M. 2013, c. 12, s. 11; S.M. 2020, c. 6, s. 9.

Repeal

22          The Emergency Measures Act being chapter E80 of the Continuing Consolidation of the Statutes of Manitoba is repealed.

Reference in C.C.S.M.

23          This Act may be referred to as chapter E80 of the Continuing Consolidation of the Statutes of Manitoba.

Commencement of Act

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