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The Emergency Measures Act

S.M. 1987-88, c. 11

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

"co-ordinator" means the Head of The Manitoba Emergency Measures Organization ("coordonnateur");

"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");

"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 preparedness" means a readiness for emergencies and disasters and includes the planning, training, exercises and education necessary or designed to achieve a state of readiness for emergencies; ("préparatifs d'urgence")

"local authority" means

(a) the council of an incorporated city, town, village, community as defined in The Northern Affairs Act, or rural municipality; or

(b) the resident administrator and council of a local government district; or

(c) the Minister of Northern Affairs with respect to Northern Manitoba; ("autorité locale")

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

"municipality" means an incorporated city, town, village, rural municipality, local government district or any area under the jurisdiction of the Minister of Northern Affairs. ("municipalité")

PART I

ADMINISTRATION

Emergency Measures Organization continued.

2(1)

The Manitoba Emergency Measures Organization (established pursuant to The Emergency Measures Act for which this Act is substituted) is hereby continued 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 Manitoba Emergency Measures Organization.

Duties.

2(3)

The Emergency Measures Organization shall exercise such powers and perform such duties as are vested in it by this Act and the regulations and those as are assigned to it by the minister.

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 plans and programs.

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 Lieutenant Governor in Council.

6

The Lieutenant Governor in Council may make orders and regulations

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

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

(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;

(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.

Powers and duties of the minister.

7

The minister may

(a) enter into agreements with

(i) the Government of Canada or any agency thereof, or

(ii) the government of any province or territory of Canada or any agency thereof, or (iii) any local authority; in respect of emergency preparedness plans or programs or the provision of emergency services;

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

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

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

Responsibilities and powers of the local authorities.

8

Every local authority

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

(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 plans and programs for the local authority;

(d) shall prepare, approve and adopt emergency preparedness plans and programs and submit them to the co-ordinator of the Manitoba Emergency Measures Organization for review and co-ordination with provincial emergency preparedness plans and programs;

(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 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 plans and programs.

PART III

EMERGENCY RESPONSE

Implementation of emergency plans.

9(1)

When an emergency exists or is imminent or a disaster has occurred or threatens, the minister or other persons designated in emergency preparedness plans may cause such emergency preparedness plans, approved and adopted in accordance with this Act, 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 threatens, the local authority or other persons designated in the local authority's emergency preparedness plans, may cause such emergency preparedness plans, approved and adopted in accordance with this Act, to be implemented.

Declaration of a state of emergency.

10(1)

In the event of an emergency or disaster the minister may declare a state of emergency in respect to all or any part of the province.

Identification of emergency and affected area.

10(2)

Every declaration of a state of emergency shall identify the emergency or disaster and the area in which it exists.

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 14 days from the date of the making thereof, but the Lieutenant Governor in Council may, if necessary, extend the duration of the declaration for further periods of 14 days each, in which case subsections (2) and (3) apply.

Declaration of a state of emergency in a municipality.

11(1)

In the event of an emergency or disaster in a municipality, the local authority may declare a state of local emergency for a period of 14 days from the date of the making thereof with respect to part or all of the municipality affected or likely to be affected by the emergency or disaster.

Mayor or reeve may declare state of local emergency.

11(2)

Where the emergency or disaster is within an incorporated city, town, village or rural 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).

Declaration to identify area.

11(3)

Every declaration made under subsection (1) or (2) shall identify the emergency or disaster, state the area in which it exists and the local authority or the mayor or reeve, as the case may be, shall cause the details of the declaration to be communicated forthwith 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 duration of declaration.

11(5)

A declaration made under subsection (1) or (2) may, if necessary, be extended with the approval of the minister for further periods of 14 days each, in which case subsections (3) and (4) apply.

Emergency powers.

12

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 an area thereof, 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 preparedness 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;

(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.

Compensation for loss.

13

Notwithstanding subsection 18(1), where as a result of any action taken or done under section 12 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.

Termination of state of emergency.

14

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 emergency 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.

Termination of a state of local emergency.

15(1)

When, in the opinion of the local authority, an emergency no longer exists in any area of the municipality 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 state of local emergency.

15(2)

The minister may terminate the state of local emergency when, in the opinion of the minister, the emergency no longer exists and thereupon the minister shall cause the details of the termination to be communicated by the most appropriate means to the local authority and the residents of the affected area.

PART IV

GENERAL

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.

Establishment of Disaster Assistance Board.

17(1)

The Lieutenant Governor in Council shall appoint a board to be known as the Disaster Assistance Board consisting of not less than three or more than five persons.

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 board and another as vice-chairperson.

Term of office.

17(3)

The members of the 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 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 board may make rules governing its procedure and is responsible to the minister for the performance of its duties.

Duties of board.

17(6)

The board shall

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

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

(c) consult with government departments and private institutions in order to prepare specific proposals for the establishment and implementation of disaster assistance programs; and

(d) perform such other duties as are vested in it by this Act and the regulations and as may be assigned to it by the minister.

Disaster assistance for loss.

17(7)

The board may provide disaster assistance to persons who suffer loss resulting from a disaster in accordance with the policy and guidelines for assistance approved by the Lieutenant Governor in Council; and any assistance granted to a person under this Act is ex gratia.

Amount of assistance not subject to appeal.

17(8)

The amount of assistance granted to a person under subsection (7) is not subject to appeal in any court of law.

Annual report by board.

17(9)

The board shall, within six months following the end of each fiscal year, submit to the minister a report on the activities of the board for the immediately preceding fiscal year.

Exemption from civil liability.

18(1)

No person doing any act that the person is authorized or required to do under this Act or the regulations is liable for any loss or injury suffered by another person, if the person doing the act does so in good faith and without negligence.

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.

Application of The Workers Compensation Act.

19

The provisions of The Workers Compensation Act with respect to the payment of compensation to injured workers apply to a volunteer who is required to or takes action in an emergency or disaster, or is engaged in emergency preparedness.

Offence and penalty.

20

Every person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable on summary conviction to a fine of not less than $200. or more than $2, 000., or to imprisonment for a term of not more than six months, or to both.

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.

Provincial plans and programs to prevail.

21(2)

Where there is a conflict between any emergency preparedness plan or program and an emergency preparedness plan or program approved by the Lieutenant Governor in Council, the emergency preparedness plan or program approved by the Lieutenant Governor in Council prevails.

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.