MD Council passes Emergency Management Bylaw

Chris Davis, Pincher Creek Voice

Update:  At their April 10 meeting, the Town of Pincher Creek Council unanimously passed Joint Municipal Emergency Management Agency Bylaw 1590-12.

At their April 10, 2012 meeting, the Municipal District of Pincher Creek No. 9 Council passed the Emergency Management Bylaw No. 1225-12.

The bylaw fulfills the MD's obligation under the Emergency Management Act to have such a bylaw.  It establishes a joint Emergency Management Agency, in partnership with the Village of Cowley and the Town of Pincher Creek, and sets forth the requirements for that agency.

An Emergency Advisory Committee will now be established, to be comprised of elected officials.

The Emergency Management Agency will be comprised of a Director of Emergency Management, Deputy Directors of Emergency Management, Fire Chiefs or designates, and "anyone else deemed necessary by the Director of Emergency Management to assist in the preparation or implementation of the Municipal Emergency Plan."

The full text of this bylaw can be read after the break (read more).

(the following is the text of the aforementioned bylaw)

MUNICIPAL DISTRICT OF PINCHER CREEK EMERGENCY MANAGEMENT BYLAW NO. 1225-12

A bylaw of the Municipal District of Pincher Creek No. 9 in the Province of Alberta for the purpose of establishing a Joint Municipal Emergency Management Agency and to appoint a Joint Municipal Emergency Advisory Committee

WHEREAS the Council of the Municipal District of Pincher Creek No. 9 is responsible for the direction and control of its emergency response and is required under the Emergency Management Act, Chapter E-6.8 Revised Statutes of Alberta 2000, to appoint a Municipal Emergency Advisory Committee and to establish and maintain a Municipal Emergency Management Agency;

AND WHEREAS it is in the public interest, and in the interest of public safety, that such a Committee be appointed and such an agency be established and maintained to carry out Council’s statutory powers and obligations under the said Emergency Management Act;

AND WHEREAS the Town of Pincher Creek and The Municipal District of Pincher Creek No. 9 and the Village of Cowley agree to appoint a joint Emergency Advisory Committee and to establish and maintain a joint Emergency Management Agency;

NOW THEREFORE, the Council of the Municipal District of Pincher Creek No. 9, duly assembled, hereby enacts as follows:

1.   This Bylaw may be cited as the Municipal Emergency Management Bylaw
No. 1225-12.

2.   In this Bylaw:

a.   “Act” means the Emergency Management Act Chapter E-6.8 Revised Statutes of
Alberta 2000.

b.   “Minister” means the Minister determined under Section 16 of the Government
Organization Act as the Minister responsible for the Act.

c.   “Councils” means the Council of the Town of Pincher Creek, the Council of the Municipal District No. 9 of Pincher Creek and the Council of the Village of Cowley.

d.   “Disaster” means an event that has resulted in serious harm to the safety, health or welfare of people or in widespread damage to property.

e.   “Emergency” means a present or imminent event that requires prompt co- ordination of action or special regulation of persons or property to protect the safety, health or welfare of people or to limit damage to property.
Bylaw No. 1225-12
Emergency Management

f.   “Emergency Advisory Committee” means the Committee established under this
Bylaw.

g.   “Emergency Management Agency” means the agency established under this
Bylaw.

h.   “Municipal Emergency Plan” means the emergency plan prepared by the Director of Emergency Management to co-ordinate response to an emergency or disaster.

3.   A Municipal Emergency Management Agency is hereby established to advise the
Councils on the development of emergency plans and programs.

4.   There is hereby established a Municipal Emergency Management Agency to act as the agent of the Councils to carry out their statutory obligations under the Act. This does not include the power to declare, renew, or terminate a state of local emergency, nor the powers contained in Section 11 of this bylaw.

5.   The Council shall:

a.   by Resolution, appoint elected officials to serve as members of the Emergency
Advisory Committee;

b.   provide for the payment of expenses of the Members of the Emergency Advisory
Committee;

c.   by resolution, on the recommendation of the Emergency Advisory Committee, appoint a Director of Emergency Management and one or more Deputy Directors of Emergency Management who shall do those things required of the Director of Emergency Management in that person’s absence;

d.   ensure that emergency plans and programs are prepared to address potential emergencies or disasters;

e.   approve Emergency Plans and Programs;

f.   review the status of the Municipal Emergency Plan and related plans and programs at least once each year.

6.   Council may:

a.   by bylaw borrow, levy, appropriate and expend, without the consent of the electors, all sums required for the operation of the Municipal Emergency Management Agency; and

b.   enter into agreements with and make payments or grants, or both, to persons, or organizations for the provision of services in the development or implementation of emergency plans or programs, including mutual aid plans and programs.

7.   The Emergency Advisory Committee shall:

a.   review the Municipal Emergency Plan and related plans and programs on a regular basis; and

b.   advise Councils duly assembled, on the status of the Municipal Emergency Plan and related plans and programs at least once each year.

8.   The Emergency Management Agency shall be comprised of the following:

a.   the Director of Emergency Management;

b.   the Deputy Directors of Emergency Management;

c.   the Fire Chiefs or designates;

d.   anyone else deemed necessary by the Director of Emergency Management to assist in the preparation or implementation of the Municipal Emergency Plan.

9.   The Emergency Management Agency and the Director may:

a.   conduct public information programs relating to emergency preparedness;

b.   provide training for agency members, elected officials, public, municipal staff, mutual aid responders and volunteers.

10. The Director of Emergency Management shall:

a.   prepare and co-ordinate the Municipal Emergency Plan and related plans and programs for the named Municipalities;

b.   act as Director of Emergency Operations, or insure that someone is designated under the Municipal Emergency Plan to so act, on behalf of the Joint Municipal Emergency Agency;

c.   co-ordinate all Disaster and Emergency Services and other resources used in an emergency;

d.   ensure that someone is designated to discharge the responsibilities specified in paragraphs a., b. and c. above;

e.   implement and follow the Emergency Management Plan when an Emergency or
Disaster is declared.

11. The Councils’ representatives on the Emergency Advisory Committee may at any time when they are satisfied that an emergency exists or may exist for their jurisdiction make a declaration of a State of Local Emergency for their individual jurisdiction on behalf of their Council. In the event that the Councils’ representatives are unavailable, any two members of Council are given the same authority to declare a State of Local Emergency in their jurisdiction. Any declaration must be accompanied by a recommendation from the Emergency Management Agency.

12. When a State of Local Emergency is declared, the person or persons making the declaration shall:

a.   ensure that the Declaration identifies the nature of the emergency and the area of the Municipality in which it exists;

b.   cause the details of the Declaration to be published immediately by such communication considered most likely to notify the population of the area affected;

c.   notify the Alberta Emergency Management Agency as soon as reasonably practicable;

d.   forward a copy of said declaration to the Minister forthwith.

13. Subject to Section 16 when a State of Local Emergency is declared, the Director of
Emergency Management may:

a.   cause the Municipal Emergency Plan or any related plan or program to be put into operation;

b.   acquire or utilize any real or personal property considered necessary to prevent, combat or alleviate the effects of an emergency or disaster;

c.   authorize or require any qualified person to render aid of a type he or she is qualified to provide;

d.   control or prohibit travel to or from any area of the municipality in which it exists;

e.   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 in which it exists;

f.   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 an emergency or disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal property;

g.   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;

h.   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 an emergency, or to attempt to forestall its occurrence or to combat its progress;

i.   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 Local Emergency;

j.   authorize the conscription of persons needed to meet an emergency or disaster;
and

k.   authorize any persons at any time to exercise, in the operation of the Municipal Emergency Plan and related plans or programs, any power specified in paragraphs b. through j. in relation to any part of the municipality affected by a Declaration of a State of Local Emergency.

14. When a State of Local Emergency is declared:

a.   neither Council nor any member of Council; and

b.   no person appointed by Council to carry out measures related to emergencies or disasters is liable in respect of damage caused through any action taken under this bylaw, nor are they subject to any proceedings, certiorari, mandamus or injunction;

c.   any person acting under the direction of the Emergency Management Agency is an appointee of Council for the duration of the State of Local Emergency.

15. Notwithstanding Section 14:

a.   Council and any member of Council; and

b.   any person acting under the direction or authorization of Council is liable for gross negligence in carrying out their duties under this bylaw.

16. 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 terminate the declaration.

17. A Declaration of a State of Local Emergency is considered terminated and ceases to be of any force or effect when:

a.   a resolution is passed under Section 16;

b.   a period of seven days has lapsed since it was declared, unless it is renewed by resolution;

c.   the Lieutenant Governor in Council makes an order for a State of Emergency under the Act, relating to the same area; or

d.   the Minister cancels the State of Local Emergency.

18. When a Declaration of a State of Local Emergency has been terminated, the person or persons who made the Declaration shall cause the details of the termination to be published immediately by such means of communication considered most likely to notify the population of the area affected and shall notify Alberta Emergency Management Agency as soon as reasonably practicable.

19. Bylaw No. 1146-08 passed on May 27, 2008 and amendments thereto, is hereby repealed.

20. This bylaw comes into full force and effect upon the date of the third and final reading.