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C.C.S.M. c. E80
The Emergency Measures Act
Table of Contents
| 1 | Definitions | |
| PART I | ||
| ADMINISTRATION | ||
| 2 | Emergency Measures Organization | |
| (2) | Staff | |
| (3) | Powers and duties | |
| 2.1 | EMO's mandate | |
| 2.2 | EMO's emergency preparation duties | |
| 3 | Advisory committee | |
| 4 | Other committees and boards | |
| 5 | Remuneration | |
| PART II | ||
| EMERGENCY PREPAREDNESS | ||
| 6 | Powers of the L.G. in C. | |
| 7 | Powers and duties of the minister | |
| 8 | Powers of the local authorities | |
| (2) | Approval of program or plan | |
| (3) | When program or plan is not approved | |
| (4) | Minister may act on behalf of local authority | |
| (5) | Failure to adopt program or plan | |
| (6) | Costs are debt due to government | |
| (7) | Changes to be submitted for approval | |
| (8) | Periodic review | |
| (9) | Transitional | |
| 8.1 | Emergency management programs | |
| (2) | Contents | |
| (3) | Periodic review | |
| (4) | Program to co-ordinator | |
| 8.2 | [Repealed] | |
| 8.3 | Business continuity plans | |
| (2) | Approval of plan | |
| (3) | When plan is not approved | |
| (4) | Minister may set deadline | |
| (5) | Changes to be submitted for approval | |
| (6) | Periodic review | |
| PART III | ||
| EMERGENCY RESPONSE | ||
| 9 | Implementation of provincial emergency plan | |
| (2) | Implementation of local emergency plans | |
| 10 | Declaration of a state of emergency | |
| (2) | Description of emergency and affected area | |
| (3) | Communication of declaration | |
| (4) | Duration of declaration | |
| (5) | Statutes and Regulations Act does not apply | |
| 11 | Declaration of a state of local emergency | |
| (2) | Mayor or reeve may declare | |
| (2.1) | Duration of declaration | |
| (3) | Description of emergency and affected area | |
| (3.1) | Declaration to be communicated to minister | |
| (4) | Communication of declaration | |
| (5) | Extension of declaration | |
| (5.1) | No subsequent declaration for same event | |
| (6) | Information to co-ordinator | |
| 12 | Order powers — minister, local authority | |
| (2) | Compliance with evacuation order | |
| (3) | Exceptions | |
| (3.1) | Evacuation and rescue plan required | |
| (4) | Business continuity plans and critical services | |
| (5) | Regulations Act not applicable | |
| (6) | Minister's order to prevail | |
| 12.2 | Qualifications — member of assisting force | |
| 12.3 | [Repealed] | |
| 12.4 | Definitions | |
| 12.5 | Purpose — temporary suspension order | |
| 12.6 | Application — temporary suspension order | |
| (2) | Restrictions — temporary suspension order | |
| (3) | Temporary suspension order — Lieutenant Governor in Council | |
| (4) | General or specific | |
| 12.7 | Limited duration of temporary suspension order | |
| (2) | Determination of temporary suspension period | |
| (3) | Retroactive effect | |
| 12.8 | Renewal of temporary suspension order | |
| 12.9 | Effect of temporary suspension — limitation and other periods | |
| (2) | Effect of temporary suspension — fee | |
| (3) | Effect of temporary suspension — late fees, interest, penalties | |
| 12.10 | Compliance with replacement provision | |
| 12.11 | Conflict | |
| 12.12 | Publication | |
| 12.13 | Statutes and Regulations Act does not apply | |
| 12.14 | Order — varying reporting deadlines for government and government agencies | |
| (2) | Duration of varied deadline | |
| (3) | Compliance | |
| (4) | Other provisions apply | |
| 12.15 | Speaker may vary deadline or time period | |
| (2) | Duration of varied deadline | |
| (3) | Expiry | |
| (4) | Compliance | |
| (5) | Other provisions apply | |
| 12.16 | Order may not be made re information access request | |
| 13 | Compensation for loss | |
| 14 | Termination of state of emergency | |
| (2) | Statutes and Regulations Act does not apply | |
| 15 | Termination of a state of local emergency | |
| (2) | Minister may terminate | |
| (3) | Statutes and Regulations Act does not apply | |
| PART IV | ||
| DISASTER ASSISTANCE | ||
| 16 | Recovery of expenditures | |
| 16.1 | Disaster assistance for loss | |
| (2) | Disaster assistance is gratuitous | |
| 17 | Establishment of Disaster Assistance Appeal Board | |
| (1.1) | Appointing additional members | |
| (2) | Chairperson and vice-chairperson | |
| (2.1) | Role of the vice-chairperson | |
| (3) | Term of office | |
| (4) | Remuneration | |
| (5) | Rules of procedure | |
| (5.1) | Board may sit in panels | |
| (5.2) | Chairperson to determine panel membership | |
| (5.3) | Decision of panel is a decision of the Board | |
| (6) | Disaster assistance appeal | |
| (7) | Duties of board | |
| (8) | No further appeal | |
| (9) | Annual report | |
| PART V | ||
| GENERAL PROVISIONS | ||
| 18 | Protection from liability | |
| (2) | Prerogative writs not to apply | |
| 18.1 | Apprehension — failure to comply with emergency evacuation order | |
| (2) | Entry into premises — emergency evacuation order | |
| (3) | Reasonable force | |
| (4) | Information that must be provided | |
| (5) | Minimum period of apprehension | |
| 18.2 | Order to pay costs | |
| (2) | Enforcement of order | |
| 18.3 | Cost recovery by municipality | |
| 19 | [Repealed] | |
| 19.1 | Regulations re enforcement officer | |
| 20 | Offence | |
| (1.1) | Definition | |
| (1.2) | Arrest without warrant | |
| (2) | Penalty — individual | |
| (2.1) | Penalty — corporation | |
| (3) | Penalty — failing to comply with evacuation order | |
| (4) | Time limit for prosecution | |
| (5) | Increased penalty | |
| (6) | Exception | |
| (7) | Due diligence defence | |
| 20.1 | Evidence of declaration or order | |
| 21 | Act to prevail | |
| 22 | Repeal | |
| 23 | Reference in C.C.S.M. | |
| 24 | Commencement of Act | |