BYLAW NO.09/036 BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO ESTABLISH A MUNICIPAL EMERGENCY MANAGEMENT AGENCY

Transcription

1 BYLAW NO.09/036 BEING A BYLAW OF THE REGIONAL MUNICIPALITY OF WOOD BUFFALO TO ESTABLISH A MUNICIPAL EMERGENCY MANAGEMENT AGENCY WHEREAS pursuant to the Emergency Management Act, RSA 2000, c. E-6.8, as amended, the Council of the Regional Municipality of Wood Buffalo is responsible for the direction and control of its emergency response and is required to appoint an emergency management committee to advise on the development of emergency plans and programs, establish and maintain an emergency management agency, and appoint a director of the emergency management agency; AND WHEREAS it is desirable in the public interest, and in the interests of public safety, that such a committee be appointed, and such an agency be established and maintained, and such a director be appointed to carry out Council s statutory powers and obligations under the said Emergency Management Act; AND WHEREAS pursuant to the Emergency Management Act, RSA 2000, c. E-6.8, as amended, the Council of the Regional Municipality of Wood Buffalo may delegate any of its powers and duties under the Act to a committee composed of a member or members of Council; NOW THEREFORE, the Council of the Regional Municipality of Wood Buffalo, duly assembled, hereby enacts as follows: Short Title 1. This Bylaw may be cited as the Emergency Management Agency Bylaw. Definitions 2. In this Bylaw, the following definitions shall apply: Act means the Emergency Management Act, RSA 2000, c.e-6.8, as amended, or any successor legislation; Acting Mayor is the Member of Council appointed by Council to preside at any meeting of Council in the absence or incapacity of both the Mayor and the Deputy Mayor; Chief Administrative Officer or CAO means the individual appointed by Council pursuant to the Chief Administrative Officer Bylaw, or any successor legislation, who is responsible for the overall coordination, direction and administration of all policies of Council; Council" is the Mayor and Councillors of the Regional Municipality of Wood Buffalo elected pursuant to the provisions of the Local Authorities Election Act, R.S.A. 2000, c.l-21 as amended;

2 (e) (f) (g) (h) (i) Councillor means a Councillor of the Regional Municipality of Wood Buffalo; Deputy Mayor is the Member of Council who is appointed pursuant to the provisions of the Municipal Government Act, as amended, or its successor legislation, to act as Mayor in the absence or incapacity of the Mayor; Director of Emergency Management Agency means the Director, Emergency Management of the Regional Municipality of Wood Buffalo; Disaster means an event that results in serious harm to the safety, health or welfare of people, or in widespread damage to property or the environment; Emergency means a present or imminent event that requires prompt coordination of action or special regulation of person or property to protect the health, safety or welfare of people or to limit damage to property; (j) Emergency Management Agency means the agency established under Section 4 of this Bylaw; (k) (l) (m) (n) (o) Emergency Management Committee means the committee established under Section 3 of this Bylaw; Mayor is the Chief Elected Official of the Municipality elected in accordance with the provisions of the Municipal Government Act, as amended, or its successor legislation; Member is a Councillor or a Member of a Council Committee as the context requires; Minister means the Minister charged with administration of the Act; Municipal Emergency Plan means the emergency plan prepared by the Director of Emergency Management to coordinate a response to an emergency or disaster. Establishment of Emergency Management Committee 3. As required under the Act, an Emergency Management Committee is hereby established. 4. The Emergency Management Committee shall consist of the Mayor and all Councillors. 5. The Mayor is the Chairperson of the Committee. 6. The members shall be entitled to reasonable expenses in accordance with Council policy. Regional Municipality of Wood Buffalo Page 2 of 6

3 Functions of the Emergency Management Committee 7. The Committee shall meet annually, or more frequently as required. 8. The Committee shall: review the Municipal Emergency Plan and related plans and programs; and advise Council on the status of the Municipal Emergency Plan and related plans and programs. Establishment of Emergency Management Agency 9. An Emergency Management Agency is hereby established to carry out the statutory powers and obligations under the Act. This does not include the power to declare, renew, or terminate a state of local emergency. 10. The municipal employee occupying the position of Director, Emergency Management or acting in that position shall serve as the Director of the Emergency Management Agency, and shall be vested with all the responsibilities and authorities of the position. 11. The Emergency Management Agency shall be comprised of three or more individuals representing various municipal departments and community agencies, as determined appropriate by the Director of the Emergency Management Agency from time to time. Duties of Director of the Emergency Management Agency 12. The Director of the Emergency Management Agency shall: prepare and coordinate emergency plans and programs for the Regional Municipality of Wood Buffalo; act as Director of Emergency Operations or ensure that someone is designated under the Municipal Emergency Plan to so act on behalf of the Emergency Management Agency; coordinate all emergency services and other resources used in an emergency; and perform other duties as prescribed by the CAO. Delegation of Authority 13. The CAO shall approve the Regional Municipality of Wood Buffalo s emergency plans and programs. State of Emergency 14. The power to declare, renew or terminate a state of local emergency under the Act is Regional Municipality of Wood Buffalo Page 3 of 6

4 hereby delegated to the Mayor. 15. In the absence of the Mayor, the power to declare, renew or terminate a state of local emergency is delegated to the Deputy Mayor, or Acting Mayor, or any two (2) Councillors. 16. A declaration, a renewal or termination of state of local emergency may be made by fax or other electronic means. 17. When a state of local emergency is declared, the person(s) making the declaration shall: ensure that the declaration identifies the nature of the emergency and the area(s) of the Municipality in which it exists; immediately cause the details of the declaration to be published by any means of communication considered most likely to make known to the population of the area(s) affected by the contents of the declaration; forward a copy of the declaration to the Minister forthwith; and advise all Members of Council of the declared state of local emergency forthwith. 18. When a state of local emergency is declared, the Emergency Management Agency is authorized to: (e) (f) (g) cause the Municipal Emergency Plan or any related plans or programs to be put into operation; acquire or utilize any real or personal property considered necessary to prevent, combat or alleviate the effects of an emergency or disaster; authorize or require any qualified person to render aid of a type he or she is qualified to provide; control or prohibit travel to or from any area of the Municipality; provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and co-ordinate emergency medical, welfare and other essential services in any part of the Municipality; cause the evacuation of persons and the removal of livestock and personal property from any area of the Municipality that is or may be affected by a disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal property; authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program; Regional Municipality of Wood Buffalo Page 4 of 6

5 (h) (i) (j) cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary or appropriate in order to reach the scene of a disaster, or to attempt to forestall its occurrence or to combat its progress; procure or fix prices for food, clothing, fuel, equipment, medical supplies, or other essential supplies and the use of any property, services, resources or equipment within the Municipality for the duration of the state of emergency; and authorize the conscription of persons needed to meet an emergency. 19. When a state of local emergency is declared: Council, any member of Council, and any member of the Emergency Management Agency; and any person appointed by the Emergency Management Agency to carry out measures relating to emergencies or disasters; are not liable in respect of damages caused through any action taken under this Bylaw, nor are they subject to any proceedings by prohibition, or injunction. 20. Notwithstanding Section 19: Council, any member of Council, and any member of the Emergency Management Agency; and any person acting under the direction or authorization of the Emergency Management Agency; are liable for gross negligence in carrying out their duties under this Bylaw. 21. When, in the opinion of the person or persons declaring the state of local emergency, an emergency no longer exists in relation to which the declaration was made, they shall, by resolution, terminate the declaration. 22. A declaration of a state of local emergency is considered terminated and ceases to be of any force or effect when: a resolution is passed under Section 21; a period of seven days has lapsed since it was declared, unless it is renewed by resolution; the Lieutenant Governor in Council makes an order for a state of local emergency under the Act, relating to the same area; or the Minister cancels the state of local emergency. Regional Municipality of Wood Buffalo Page 5 of 6

6 23. When a declaration of a state of local emergency has been terminated, the person(s) who made the declaration shall immediately cause the details of the declaration to be published by any means of communication considered most likely to make known to the population of the area affected by the contents of the declaration. Repeal and Coming into Effect 24. Bylaw No. 03/054 and all amendments thereto are hereby repealed. 25. This Bylaw shall be passed and become effective when it receives third reading and is signed by the Mayor and Chief Legislative Officer. READ a first time this 10 th day of November, A.D READ a second time this 10 th day of November, A.D READ a third and final time 10 th day of November, A.D SIGNED and PASSED this 17 th day of November, A.D Regional Municipality of Wood Buffalo Page 6 of 6