Note: It does not reflect any retroactive amendment enacted after February 27, 2011.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.
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:
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 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 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; S.M. 2006, c. 9, s. 2.
ADMINISTRATION
Emergency Measures Organization
The Manitoba Emergency Management Organization is continued under the name "Emergency Measures Organization" as a branch of the department administered by the minister.
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.
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.
The Emergency Measures Organization is responsible for
(a) overseeing and co-ordinating all aspects of emergency preparedness in the province; and
(b) managing, directing and co-ordinating the response of all departments to a disaster or emergency, other than initial response and incident management at the site of the disaster or emergency.
EMO's emergency preparation duties
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.
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.
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.
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.
EMERGENCY PREPAREDNESS
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
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
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.
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
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
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
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
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
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.
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.
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.
Every department must prepare an emergency management program in accordance with directions from the minister.
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.
A department must review and revise its emergency management program on a regular basis and when directed to do so by the minister.
A department must give the co-ordinator the most recent version of its emergency management program.
EMERGENCY PREVENTION ORDERS
A local authority may issue an emergency prevention order if
(a) there is a real possibility that a disaster or emergency may occur in the municipality for which the local authority is responsible; and
(b) there is sufficient time to take measures to
(i) prevent the disaster or emergency from occurring, or
(ii) significantly reduce the effects of the disaster or emergency.
The emergency prevention order must be in writing and must state
(a) the disaster or emergency for which the order is made;
(b) the measures to be taken to prevent the disaster or emergency or reduce its effects;
(c) the area of the municipality that is subject to the order; and
(d) the period of time during which the order is in effect, which must not be longer than 30 days.
Powers in emergency prevention order
In the emergency prevention order, the local authority may require any party to do one or more of the following to prevent the disaster or emergency or reduce its effects:
(a) control, permit or prohibit travel to or from any area or on any road, street or highway in the affected area;
(b) evacuate persons and remove livestock and personal property from the affected area, and make arrangements for the care and protection of those persons and that livestock and property;
(c) enter any building or land identified in the order without a warrant to take the emergency prevention measures specified in the order.
The local authority must
(a) communicate the details of the emergency prevention order to residents of the affected area by the most appropriate means available; and
(b) send a copy of the order to the minister.
An emergency prevention order may be extended with the approval of the minister for further periods of 14 days each, in which case subsection (4) applies.
The minister may terminate any emergency prevention order that, in his or her opinion, is not required. The minister must give notice of the termination to the local authority and the residents of the affected area by the most appropriate means available.
EMERGENCY RESPONSE
Implementation of provincial emergency plan
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
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
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
Every declaration of a state of emergency shall identify the emergency or disaster and the area in which it exists.
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.
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
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).
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.
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).
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.
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
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.
A local authority that has declared a state of local emergency must give the co-ordinator any information he or she requests about the authority's response to the disaster or emergency and its effects on the municipality.
S.M. 1997, c. 28, s. 6; S.M. 2006, c. 9, s. 6.
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.
Renumbered as section 20.1.
Qualifications — member of assisting force
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.
Notwithstanding subsection 18(1), where as a result of any action taken or done under authority of an order made under section 8.2 or 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
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
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
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.
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
The Regulations Act does not apply to the termination of a state of local emergency under subsection (2).
DISASTER ASSISTANCE
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.
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.
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
The Lieutenant Governor in Council shall appoint a board to be known as the Disaster Assistance Appeal Board consisting of three or more persons.
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
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.
The vice-chairperson has the authority of the chairperson if the chairperson is absent or unable to act, or when authorized by the chairperson.
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.
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.
The Disaster Assistance Appeal Board may make rules governing its procedure and is responsible to the minister for the performance of its duties.
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
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
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.
A claimant may appeal a decision of the Emergency Measures 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 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.
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.
S.M. 1997, c. 28, s. 11; S.M. 2002, c. 26, s. 6; S.M. 2004, c. 18, s. 14.
GENERAL PROVISIONS
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
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.
Repealed.
A person commits an offence where that person
(a) fails to comply with an order of the minister made under section 12 or an order of a local authority made under section 8.2 or 12;
(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.
Subject to subsection (3), 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.
Penalty — failing to comply with evacuation order
A person who fails to comply with an evacuation order made under section 8.2 or 12 is liable on summary conviction to a fine of not more than $50,000., or imprisonment for a term of not more than one year, or both.
S.M. 1997, c. 28, s. 12; S.M. 2006, c. 9, s. 12.
Evidence of declaration or order
In a proceeding under this Act in which proof is required as to the existence or contents of
(a) a declaration of a state of emergency or state of local emergency; or
(b) an order made under section 8.2 or 12;
a certified or notarized copy of the declaration or order is admissible in evidence as proof of the statements contained in the declaration or order. Proof of the signature of the minister or members of the local authority is not required.
S.M. 1997, c. 28, s. 8; S.M. 2006, c. 9, s. 8.
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.
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 section 8.2 or 12; 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; S.M. 2006, c. 9, s. 13.
The Emergency Measures Act being chapter E80 of the Continuing Consolidation of the Statutes of Manitoba is repealed.
This Act may be referred to as chapter E80 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on the day it receives the royal assent.