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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:
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 »)
(a) an incorporated city, town or village,
(b) a municipality as defined by The Municipal Act,
(c) a local government district, and
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 »)
Subsection 2(1) is repealed and the following is substituted:
The Manitoba Emergency Management Organization is established as a branch of the department administered by the minister.
Subsection 2(3) is repealed and the following is substituted:
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
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.
The following is added after section 12:
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.
The following is added after section 16:
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.
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.
Subsections 17(6) to 17(9) are repealed and the following is substituted:
A claimant may appeal a decision of the Manitoba Emergency Management Organization respecting disaster assistance to the Disaster Assistance Appeal Board.
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.
A decision of the Disaster Assistance Appeal Board under clause (7)(c) is not subject to appeal or review in any court of law.
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.
Section 20 is repealed and the following is substituted:
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.
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
The definition "government emergency organization" in subsection 1(1) is amended by striking out "Manitoba Emergency Measures Organization" and substituting "Manitoba Emergency Management Organization".
Subsection 44(2) is amended by striking out "Manitoba Emergency Measures Organization" and substituting "Manitoba Emergency Management Organization".
This Act comes into force on the day it receives royal assent.