Provincial Legislation

Overview

1. Emergency Management Act

The Emergency Management Act addresses the province’s emergency preparedness and response authority at both the municipal and provincial level.  You will need a copy of the Act in order to complete the exam at the ned of this course.  The Act is can be found at:

http://www.qp.alberta.ca/1266.cfm?page=E06P8.cfm&leg_type=Acts&isbncln=9780779777495

 a. Municipal Responsibilities and Powers (Emergency Management Act s.11)

The Emergency Management Act mandates each municipality in Alberta to prepare for potential emergencies and disasters, and to respond appropriately to these situations. Municipal responsibilities include:

establishing an emergency advisory committee or council. Elected officials oversee the emergency management program.

appointing a director of the emergency management agency. The Director of Emergency Management (DEM) administers the emergency program.

establishing an emergency management agency of key response organizations to advise the DEM and act as the agent of the local authority.

preparing and approving a municipal emergency plan and program

direction and control of the local authority’s emergency response.

The Emergency Management Act also makes provision for local authorities to declare a state of local emergency. Chapter 6 provides more detailed information on municipal responsibilities and the declaration of a state of local emergency.

b. Provincial Responsibilities and Powers

As the coordinating agency, AEMA (Alberta Emergency Management Agency) has the following responsibilities:

coordinate provincial emergency preparedness programs

provide liaison with other governments

coordinate provincial support to municipal emergency response efforts (Provincial resources and support are often required to assist local authorities following a disaster or major emergency)

assess need for a state of emergency relating to all or any part of Alberta. (This declaration is made by the Lieutenant Governor in Council. To date there has not been a need for a provincially declared state of emergency in Alberta)

administer disaster recovery program (e.g. financial assistance)

Several provincial emergency plans exist.

These are summarized on the website at http://www.aema.alberta.ca

2. Government Emergency Planning Regulation

The Government Emergency Management Regulation provides regulatory requirements for the AEMA and government departments concerning emergency management and business continuity. The Government Emergency Management Regulation can be found at:

http://www.qp.alberta.ca/574.cfm?page=2007_248.cfm&leg_type=Regs&isbncln=9780_779738120

3. Disaster Recovery Regulation

Under the Disaster Recovery Regulation, the Minister may authorize payments to assist individuals, small businesses, farmers, local authorities and other provincial government departments to recover from the cost of disaster operations and damage.

A local state of emergency does not have to be declared in order to receive financial assistance under a disaster recovery program.

It is often thought that the two, state of local emergency and financial assistance, go hand-in-hand; this is not the case.  The Disaster Recovery Regulation can be found at:

http://www.qp.alberta.ca/574.cfm?page=1994_051.cfm&leg_type=Regs&isbncln=0779749448

4. Municipal Government Act

Part 1

Purpose, Powers and Capacity of Municipalities

Municipal purposes

The purposes of a municipality are:

a. to provide good government,

b. to provide services, facilities or other things that, in the opinion of council, are necessary or desirable for all or part of the municipality, and

c. and to develop and maintain safe and viable communities.

The Municipal Government Act includes two references to municipal emergency planning and response:

1. It authorizes local authorities (councils) to pass bylaws for municipal purposes regarding the safety, health and welfare of people and the protection of people and property, and

2. It states that in an emergency, a municipality may take whatever actions or measures are necessary to eliminate the emergency (Section 551(1)). The Municipal Government Act can be found at:

http://www.qp.alberta.ca/574.cfm?page=m26.cfm&leg_type=Acts&isbncln=9780779739790



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