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This is an unofficial archived version.

This version was current from January 1, 2006 to June 12, 2006.

Note: It does not reflect any retroactive amendment enacted after June 12, 2006.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

Latest version


C.C.S.M. c. E80

The Emergency Measures Act

Table of contents

(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 »)

"co-ordinator" means the Executive Co-ordinator of the 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 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 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 »)

"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 »)

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.

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.

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;

(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.

Powers and duties of the minister

7

The minister may

(a) enter into agreements respecting emergency preparedness programs, 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.

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.

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 an 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 threatens, 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.

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.

Regulations Act not applicable

10(5)

The 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.

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

11(2)

Where the 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).

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.

S.M. 1997, c. 28, s. 6.

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, 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.

S.M. 1997, c. 28, s. 7; S.M. 2002, c. 26, s. 12.

Evidence of declaration or order

12.1

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

(a) a declaration of a state of emergency;

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

(c) an order issued under section 12;

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

S.M. 1997, c. 28, s. 8.

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.

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(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 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.

Regulations Act not applicable

14(2)

The 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.

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

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.

Regulations Act not applicable

15(3)

The 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.

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.

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.

Assistance is gratuitous

16.1(2)

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

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

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 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 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 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 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 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.

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.

19

Repealed.

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

Offence

20(1)

A person commits an offence where that person

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

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

(c) contravenes this Act or the regulations.

Penalty

20(2)

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

S.M. 1997, c. 28, s. 12.

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.

Minister's order to prevail

21(2)

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

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

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

the minister's order prevails.

S.M. 2002, c. 26, s. 13.

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.