Emergency Management Act

Consolidated act
Citation
S.N.W.T. 2018, c.17
Source
Unofficial consolidation PDF (justice.gov.nt.ca)

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.28 amended by R.S.N.W.T. 1988, c.C-9, shall continue as local coordinators under this Act
  • s.34 amended by R.S.N.W.T. 1988, c.C-9, is repealed
Contents
1. Definitions 2. Government bound 3. Powers 4. Definition: hazardous condition 5. Agreements with governments 6. Establishment 7. Head of the Emergency Management Organization 8. Establishment 9. Territorial 10. Powers 11. Agreements and payments 12. Local 13. Repayment 14. Declaration 15. Statutory Instruments Act and Public 16. Coordination 17. Powers of Minister during a declared state 18. Declaration 19. Public notice 20. Powers of local authority 21. Authorization to exercise powers 22. Arbitration 23. Application 24. Minister and others 25. Offence 26. Inconsistent provisions 27. Regulations 28. Continuation of Emergency Measures Officer 29. 29 30. 30 31. 31 32. 32 33. 33 34. Civil Emergency Measures Act 35. Coming into

The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:

INTERPRETATION

Definitions

1.

In this Act,

"community" means a geographical area in respect of a local authority; (collectivité)

"declaration of a state of emergency" means an order made by the Minister under section 14; (proclamation de l'état d'urgence)

"declaration of a state of local emergency" means a declaration made by a local authority under section 18; (proclamation de l’état d’urgence locale)

"deputy head" means a deputy head as defined in section 1 of the Public Service Act; (administrateur général)

"emergency" means a current or imminent event that requires prompt coordination of action or special regulation of persons or property in order to protect the safety, health or welfare of people or to limit or prevent damage to property or the environment; (situation d’urgence)

"emergency management" means the prevention and mitigation of, preparedness for, response to and recovery from emergencies; (gestion des urgences)

"Emergency Management Organization" means the Emergency Management Organization established under section 6; (organisation de gestion des urgences)

"emergency operations" means those activities that are necessary or incidental to an emergency response; (mesures d’urgence)

"Head of the Emergency Management Organization" means the head of the Emergency Management Organization under section 7; (responsable en chef de l’organisation de gestion des urgences)

"local authority" means

(a) a municipal council, or

(b) an authority that the Minister recognizes under paragraph 3(1)(b) as representative of a community other than a municipality; (autorité locale)

"local coordinator" means the coordinator of a local emergency management organization appointed by the local authority under paragraph 10(2)(b) or continued under subsection 28(2); (coordonnateur local)

"public agency" means a public agency as defined in subsection 1(1) of the Financial Administration Act; (organisme public)

"Territorial Planning Committee" means the Territorial Planning Committee described in section 8; (comité de planification territoriale)

"volunteer" means an individual who is temporarily engaged in emergency management, without the expectation of remuneration, and is delivering a service on behalf of

(a) a local authority, or

(b) the Emergency Management

Organization. (bénévole)

Government bound

2.

This Act and the regulations binds the Government of the Northwest Territories and public agencies.

ADMINISTRATION

Minister

Powers

3.

(1) The Minister may

(a) review and approve or require modifications to territorial and local emergency plans and programs;

(b) recognize an authority as representative of a community other than a municipality for the purposes of this Act;

(c) establish committees that the Minister deems necessary or desirable to advise or assist in the administration of this Act; and

(d) appoint members to the committees referred to in paragraph (c).

Delegation

(2) Subject to subsection (3), the Minister may delegate any power or duty referred to in this Act or the regulations to the Head of the Emergency Management Organization or any other person specified by the Minister.

Prohibition

(3) The Minister shall not delegate the power

(a) to make, renew or terminate an order declaring a state of emergency under subsection 14(1), (4) or (5); or

(b) to approve a renewal of or cancel an order declaring a state of local emergency under subsection 18(4) or (9).

Remuneration

(4) Committee members appointed under paragraph (1)(d) who are not members of the public service or employees of a federal department or of a local authority, may be remunerated for their services and expenses at a rate fixed by the Minister.

Definition: hazardous condition

4.

(1) In this section, "hazardous condition" means a condition that threatens loss of life, injury, property damage, social or economic disruption or environmental degradation.

Plans and programs

(2) The Minister may, in conjunction with local authorities, develop plans and programs to remedy a hazardous condition that

(a) is caused by or may be caused by a person; or

(b) exists or may exist on real property.

Assistance

(3) The Minister may, by order, require a person referred to in paragraph (2)(a) or the owner of property referred to in paragraph (2)(b)

(a) to assist a local authority in remedying or alleviating the hazardous condition; or

(b) to assist or develop plans and programs referred to in subsection (2).

Agreements

Agreements with governments

5.

(1) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements respecting emergency management with the Government of Canada, the government of another province or territory, an agency of one of those governments or a local authority.

Agreements with others

(2) The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements and make payments for the provision of services in the development or implementation of emergency plans or programs.

Establishment

6.

(1) The Emergency Management Organization of the Northwest Territories is established as part of the Department of Municipal and Community Affairs.

Composition

(2) The Emergency Management Organization shall be composed of such members of the public service or of public agencies as the Minister directs.

Powers

(3) Under the direction of the Minister, the Emergency Management Organization may

(a) promote public awareness of matters related to emergency management;

(b) establish policies and programs respecting emergency management;

(c) conduct exercises and provide education and training related to emergency management;

(d) promote a common approach to emergency management, including the adoption of standards and best practices;

(e) review and recommend modifications of territorial and local authority emergency plans and programs;

(f) procure food, fuel, water, medicine, equipment, goods, materials and services of any nature or kind for the purposes of this Act;

(g) authorize, review, evaluate or approve of surveys or studies of resources and facilities that may be used for the purposes of this Act;

(h) provide advice and assistance to local authorities in the development, implementation and maintenance of emergency programs and plans;

(i) make recommendations to the Minister respecting emergency management, including the creation and maintenance of emergency programs;

(j) authorize and require surveys or studies to identify and record actual or potential hazards, risks and vulnerabilities that could cause or exacerbate an emergency in all or part of the Northwest Territories;

(k) authorize the temporary engagement of volunteers; and

(l) advise the Minister on any matter concerning this Act or the regulations.

Duties

(4) Under the direction of the Minister, the Emergency Management Organization shall

(a) lead the Government of the Northwest Territories in the coordination of emergency management activities;

(b) support the emergency management activities of local authorities;

(c) coordinate or assist in the coordination of the response of the Government of the Northwest Territories and public agencies to an emergency; and

(d) exercise any other powers and perform any other duties as directed by the Minister.

Use of emergency plan

(5) For greater certainty, nothing in this Act shall be construed as forbidding the use of all or part of an emergency plan or program where there has not been a declaration of a state of emergency.

Head of the Emergency

Management Organization

Head of the Emergency Management Organization

7.

(1) The Minister shall direct that a public service employee of the Department of Municipal and Community Affairs be the Head of the Emergency Management Organization.

Power

(2) Under the direction of the Minister, the Head of the Emergency Management Organization may require departments of the Government of the Northwest Territories and public agencies, in consultation with the Emergency Management Organization, to carry out those functions and responsibilities set out in territorial emergency plans.

Duties

(3) Under the direction of the Minister, the Head of the Emergency Management Organization shall

(a) administer the Emergency Management Organization and exercise powers and carry out duties as required by this Act and the regulations;

(b) authorize or require the implementation of territorial emergency plans at any time the Head considers appropriate; and

(c) exercise any other powers and perform any other duties as directed by the Minister for the purposes of this Act.

Territorial Planning Committee

Establishment

8.

(1) The Territorial Planning Committee is established.

Chair

(2) The Head of the Emergency Management Organization is the chair of the Territorial Planning Committee.

Members

(3) Each deputy head shall designate one member from the public service to the Territorial Planning Committee.

Additional members

(4) The Deputy Minister for the Department of Municipal and Community Affairs may invite such persons to be additional members of the Territorial Planning Committee as he or she deems necessary, from

(a) federal departments and agencies; and

(b) other entities, including for-profit and not-for-profit organizations, formal and informal associations, representatives of commerce and industry, private emergency response and volunteer organizations, but not including the Government of the Northwest Territories, public agencies, other governments or local authorities.

Powers

(5) Under the direction of the Minister, the Territorial Planning Committee may

(a) coordinate and lead emergency management planning for the Government of the Northwest Territories and public agencies;

(b) provide advice to the Minister in respect of emergency management planning; and

(c) develop and maintain territorial emergency plans.

Duties

(6) The Territorial Planning Committee shall

(a) review territorial emergency plans annually; and

(b) exercise any other powers and perform any other duties as directed by the Minister.

Remuneration

(7) Those members of the Territorial Planning Committee who are not members of the public service or employees of a federal department may be remunerated for their services and expenses at a rate fixed by the Minister.

Territorial Emergency Plans

Territorial

9.

Territorial emergency plans must

(a) describe the emergency management system of the Northwest Territories;

(b) specify the roles and responsibilities of departments of the Government of the Northwest Territories and public agencies in responding to emergencies; and

(c) specify procedures for the coordination of responses to emergencies by departments of the Government of the Northwest Territories and public agencies.

Local Authorities

Powers

10.

(1) A local authority may

(a) conduct or authorize the conduct of emergency operations outside of the community;

(b) conduct or authorize the conduct of emergency management activities inside the community; and

(c) authorize the temporary engagement of volunteers for carrying out those operations and activities referred to in paragraphs (a) and (b).

Duties

(2) A local authority shall

(a) establish and maintain a local emergency management organization to develop and implement local emergency plans and to establish other measures in respect of emergency management;

(b) appoint a local coordinator and establish duties of the coordinator, including the preparation and coordination of local emergency plans and programs for the authority;

(c) prepare or cause to be prepared, adopt and maintain local emergency plans and programs;

(d) ensure that the Head of the Emergency Management Organization receives the most current version of the adopted local emergency plans; and

(e) review local emergency plans annually.

Delegation

(3) Subject to subsection (4), a local authority may delegate in writing any of the powers conferred or the duties imposed on it under this Act to the local emergency management organization or the local coordinator.

Prohibition

(4) A local authority shall not delegate the power to make a declaration of a state of local emergency or its renewal or its termination.

Use of local emergency plan

(5) For greater certainty, nothing in this Act shall be construed as forbidding the use of all or part of a local emergency plan or program where there has not been a declaration of a state of local emergency.

Agreements

Agreements and payments

11.

A local authority may enter into agreements and make payments for the provision of services in the development or implementation of local emergency plans or programs.

Local Emergency Plans

Local

12.

Local emergency plans must

(a) describe the emergency management system of the local authority;

(b) specify the roles and responsibilities of the local authority in responding to emergencies; and

(c) specify procedures for the coordination of responses to emergencies by the local authority and its agents.

Repayment to Government of the Northwest

Territories

Repayment

13.

(1) The Minister may require a local authority to reimburse the Government of the Northwest Territories for expenditures authorized by the Minister for emergency operations, in part or in whole and subject to any payment terms including interest the Minister specifies, if the Minister determines the local authority

(a) has not reasonably exercised its powers or carried out its duties under the Act; or

(b) has acted in a manner not authorized by this Act.

Privative clause

(2) A determination made by the Minister under subsection (1) is final.

EMERGENCY RESPONSE

Declaration of State of Emergency

Declaration

14.

(1) If the Minister is satisfied that an emergency exists or may exist, he or she may make an order declaring a state of emergency relating to all or any part of the Northwest Territories.

Contents

(2) An order declaring a state of emergency must identify the nature of the emergency and the area affected by the emergency.

Duration

(3) An order declaring a state of emergency expires at the earlier of the following:

(a) 14 days after it is made;

(b) when the order is terminated by the Minister.

Renewal

(4) The Minister may renew an order declaring a state of emergency at any time before its expiry.

Termination

(5) When, in the opinion of the Minister, an emergency no longer exists in an area affected by an order declaring a state of emergency, the Minister shall terminate the order in respect of that area.

Date of renewal or termination

(6) The renewal or termination of an order declaring a state of emergency comes into force

(a) on the day specified in the order, if a day is specified in the order; or

(b) on the day it is made, if no day is specified in the order.

Statutory Instruments Act and Public

15.

(1) An order declaring a state of emergency, its renewal or termination is not subject to

(a) the Statutory Instruments Act; or

(b) the Public Printing Act.

Public notice

(2) On the making of an order declaring a state of emergency or for its renewal or termination, the Minister shall cause the details of the order to be published, by any means of communication, to make known the contents of the order to the majority of the population of the area affected.

Coordination

16.

(1) On the making of an order declaring a state of emergency, the Head of the Emergency Management Organization or some other person whom the Minister directs, is responsible for the coordination of emergency management plans and programs.

Control and direction

(2) On the making of an order declaring a state of emergency, the Head of the Emergency Management Organization or some other person whom the Minister directs, shall control and direct all persons, including departments of the Government of the Northwest Territories and public agencies, involved in the implementation of emergency management plans or programs under this Act.

Powers of Minister during a declared state

17.

(1) On making an order declaring a state of emergency or its renewal and for the duration of the order or its renewal, the Minister may

(a) put into effect emergency plans or programs;

(b) authorize or require a local authority to put into effect emergency plans or programs for the community;

(c) acquire or utilize real or personal property, whether private or public, considered necessary to prevent, combat or alleviate the effects of the emergency;

(d) authorize or require a qualified person to render aid of the type that the person is qualified to provide;

(e) control or prohibit travel to or from any area within the Northwest Territories;

(f) provide for the restoration of essential facilities and the distribution of essential supplies;

(g) provide, maintain and coordinate emergency medical, welfare and other essential services in any part of the Northwest Territories;

(h) cause the evacuation of persons and the removal of personal property and animals from any area within the Northwest Territories that is or may be affected by the emergency;

(i) arrange for the adequate care and protection of persons, property or animals referred to in paragraph (h);

(j) authorize the entry into any building or onto any land, without warrant, by a person implementing emergency plans or programs;

(k) cause the demolition or removal of vegetation, structures, equipment or vehicles, if it is necessary or appropriate to reach the scene of the emergency or to attempt to forestall its occurrence or to combat its progress;

(l) procure, ration or fix prices for

(i) food, clothing, fuel, equipment, medical supplies or other essential supplies, or

(ii) the use of property, services, resources or equipment within the Northwest Territories;

(m) authorize the conscription of persons needed to respond to the emergency; and

(n) do any other act or thing to mitigate, respond to and recover from the effects of the emergency.

Compensation

(2) If the Minister acquires or utilizes real or personal property under subsection (1) or if any real or personal property is damaged or destroyed due to an action authorized by the Minister in preventing, combatting or alleviating the effects of an emergency, the Minister shall cause compensation to be paid for that property.

Declaration of State of Local Emergency

Declaration

18.

(1) If a local authority is satisfied that an emergency exists or may exist within the community, the local authority may, by resolution, declare a state of local emergency to exist in all or part of the community.

Head of local authority may act

(2) If it is not possible for a local authority to act, the head of the local authority may act on behalf of the local authority if he or she reasonably believes

(a) a local emergency exists; and

(b) the emergency requires immediate response.

Contents

(3) A declaration of a state of local emergency must identify the nature of the emergency and the area of the community affected by the emergency.

Renewal

(4) Subject to the approval by the Minister, a local authority may renew a declaration of a state of local emergency before its expiry.

Duration

(5) A declaration of a state of local emergency or its renewal expires at the earlier of the following:

(a) seven days after it is made;

(b) when the order is terminated by the local authority or head of the local authority.

Termination

(6) When, in the opinion of the local authority, an emergency no longer exists in an area affected by a declaration of a state of local emergency, the local authority shall terminate the declaration of a state of local emergency in respect of that area.

Date of renewal or termination

(7) A renewal or termination of a declaration of a state of local emergency comes into force

(a) on the day specified in the renewal or termination, if a day is specified; or

(b) on the day the renewal or termination is made, if no day is specified.

Forwarding declaration to head of Emergency Management Organization

(8) On making a declaration of a state of local emergency or its renewal, the local authority shall, without delay, forward a copy of the declaration to the Head of the Emergency Management Organization.

Cancellation

(9) The Minister may cancel a declaration of a state of local emergency or its renewal at any time the Minister considers appropriate.

Deemed cancellation

(10) If the Minister orders a declaration of a state of emergency in respect of an area that is already affected by a declaration of a state of local emergency, the declaration of a state of local emergency is deemed to be cancelled.

Public notice

19.

On making a declaration of a state of local emergency or its renewal or termination, the local authority shall cause the details of the declaration to be published, by any means of communication, to make known the contents of the declaration to the majority of the population of the area affected.

Powers of local authority

20.

(1) On declaring a state of local emergency the local authority may, for the duration of the declaration,

(a) cause emergency plans or programs to be put into operation;

(b) acquire or use real or personal property, whether private or public, considered necessary to prevent, combat or alleviate the effects of the emergency;

(c) authorize or require a qualified person to render aid of the type that the person is qualified to provide;

(d) cause the demolition or removal of vegetation, structures, equipment or vehicles, if it is necessary or appropriate to reach the scene of the emergency or to attempt to forestall its occurrence or to combat its progress; and

(e) do any other act or thing to mitigate, respond to and recover from the effects of the emergency.

Compensation

(2) If the local authority acquires or utilizes real or personal property under subsection (1) or if any real or personal property is damaged or destroyed due to an action of the local authority in preventing, combatting or alleviating the effects of the emergency, the authority shall cause compensation to be paid for that property.

Authorization to exercise powers

21.

(1) A local authority may authorize any person, at any time, to exercise any power referred to in subsection 20(1), in the operation of an emergency plan or program, in relation to an area affected by a declaration of a state of local emergency.

Payment of expenses

(2) Subject to the Charter Communities Act, Cities, Towns and Villages Act, Hamlets Act and Tåîchô Community Government Act, a local authority may, during or within 60 days after the declaration of a state of local emergency, by bylaw, borrow the necessary sums to pay expenses caused by the emergency, including payment for services provided by the Government of the Northwest Territories or by the Government of Canada where the services were provided at the request of the authority.

Approval of bylaw or resolution

(3) A bylaw referred to in subsection (2) must be approved by the Minister but does not require the assent of electors owning property within the municipality.

MISCELLANEOUS

Compensation

Arbitration

22.

A dispute concerning the amount of compensation payable under this Act must be determined by arbitration under the Arbitration Act.

Protection of Employment and Benefits

Application

23.

(1) Notwithstanding any other Act, this section applies to a person who is absent from his or her employment because he or she is

(a) conscripted under this Act; or

(b) on duty authorized or required by the Minister or by a local authority during a state of emergency or a state of local emergency.

Absence from employment

(2) A person referred to in subsection (1) is deemed to have been in his or her regular employment during that absence for the purposes of retaining employment, seniority rights and superannuation benefits.

Liability

Minister and others

24.

(1) No action, including for equitable relief, lies for any action or omission done in good faith while carrying out a power or duty under this Act, by

(a) the Minister or a person acting under the Minister’s direction or authorization, including volunteers;

(b) a person acting under a local authority’s direction or authorization, including volunteers; or

(c) the members of the Territorial Planning Committee or that Committee.

Equitable relief

(2) For greater certainty, equitable relief includes any proceedings taken by way of prohibition, certiorari, mandamus or injunction.

Offences and Penalties

Offence

25.

(1) A person other than a local authority commits an offence if the person

(a) contravenes this Act, the regulations or any order made under this Act; or

(b) interferes with or obstructs any person in the exercise of any power conferred or the performance of any duty imposed by this Act, the regulations or any order made under this Act.

Fines

(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 to a fine of not more than $5,000 in the case of an individual and not more than $10,000 in the case of a corporation.

Limitations period

(3) Any action for an offence under this section must be commenced within two years after the cause of action arose.

Conflicts

Inconsistent provisions

26.

In the event of an inconsistency between this Act and the operation of any other Act, this Act shall prevail to the extent of the inconsistency.

REGULATIONS

Regulations

27.

The Commissioner, on the recommendation of the Minister, may make regulations

(a) respecting the preparation, form, content, implementation and review of emergency plans and programs;

(b) respecting emergency planning for the continuity of function by the Government of the Northwest Territories and public agencies;

(c) assigning responsibility to the Government of the Northwest Territories and public agencies for the preparation or implementation of emergency plans or programs;

(d) governing the assessment of damage or loss caused by an emergency and the provision of assistance in recovering from the damage or loss;

(e) governing the sharing of costs incurred by the Government of the Northwest Territories, public agencies or local authorities in conducting emergency operations; and

(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.

TRANSITIONAL

Continuation of Emergency Measures Officer

28.

(1) On the coming into force of this Act, the Emergency Measures Officer appointed under subsection 2(1) of the Civil Emergency Measures Act, R.S.N.W.T. 1988, c.C-9, shall continue as the Head of the Emergency Management Organization under this Act.

Continuation of coordinators of community

(2) On the coming into force of this Act, co-ordinators of the community emergency measures agencies appointed under paragraph 7(1)(c) of the Civil Emergency Measures Act, R.S.N.W.T. 1988, c.C-9, shall continue as local coordinators under this Act.

CONSEQUENTIAL AMENDMENTS

Charter Communities Act

29.

Subsection 32(4) of the Charter Communities Act is amended by striking out "Civil Emergency Measures Act" and substituting "Emergency Management Act".

Cities, Towns and Villages Act

30.

Subsection 28(4) of the Cities, Towns and Villages Act is amended by striking out "Civil Emergency Measures Act" and substituting "Emergency Management Act".

Hamlets Act

31.

Subsection 30(4) of the Hamlets Act is amended by striking out "Civil Emergency Measures Act" and substituting "Emergency Management Act".

Tåîchô Community Government Act

32.

Subsection 26(4) of the Tåîchô Community Government Act is amended by striking out "Civil Emergency Measures Act" and substituting "Emergency Management Act".

Workers’ Compensation Act

33.

Subparagraph 4(1)(b)(iii) of the Workers’ Compensation Act is amended by striking out "Civil Emergency Measures Act" and substituting "Emergency Management Act".

REPEAL

Civil Emergency Measures Act

34.

The Civil Emergency Measures Act, R.S.N.W.T. 1988, c.C-9, is repealed.

COMMENCEMENT

Coming into

35.

The Act comes into force on a day to be fixed by order of the Commissioner.