STANDARDS

Emergency Management and Civil Protection Act

ONTARIO REGULATION 380/04

Standards

Consolidation Period:  From December 22, 2022 to the e-Laws currency date.

Last amendment: 591/22.

Legislative History: 494/20, 558/21, 591/22.

This is the English version of a bilingual regulation.

Part I
Ministry Standards

Emergency management program co-ordinator

1. (1) Every minister shall designate an employee of the ministry as the ministry’s emergency management program co-ordinator and another employee as an alternate.  O. Reg. 380/04, s. 1 (1).

(2) The emergency management program co-ordinator and the alternate emergency management program co-ordinator shall complete the training that is required by the Chief, Emergency Management Ontario.  O. Reg. 380/04, s. 1 (2).

(3) The emergency management program co-ordinator shall co-ordinate the development and implementation of the ministry’s emergency management program within the ministry and shall co-ordinate the ministry’s emergency management program in so far as possible with the emergency management programs of other ministries, of municipalities and of organizations outside government that are involved in emergency management.  O. Reg. 380/04, s. 1 (3).

(4) The emergency management program co-ordinator shall report to the ministry’s emergency management program committee on his or her work under subsection (3).  O. Reg. 380/04, s. 1 (4).

Emergency management program committee

2. (1) Every ministry shall have an emergency management program committee.  O. Reg. 380/04, s. 2 (1).

(2) The committee shall be composed of,

(a) the ministry’s emergency management program co-ordinator;

(b) a senior ministry official appointed by the minister; and

(c) such ministry employees who are responsible for emergency management functions as may be appointed by the minister.  O. Reg. 380/04, s. 2 (2).

(3) The senior ministry official appointed under clause (2) (b) shall be the chair of the committee.  O. Reg. 380/04, s. 2 (3).

(4) The committee shall advise the minister on the development and implementation of the ministry’s emergency management program.  O. Reg. 380/04, s. 2 (4).

(5) The committee shall conduct an annual review of the ministry’s emergency management program and shall make recommendations to the minister for its revision if necessary.  O. Reg. 380/04, s. 2 (5).

Ministry action group

3. (1) Every ministry shall have a ministry action group.  O. Reg. 380/04, s. 3 (1).

(2) The group shall be composed of,

(a) each deputy minister of the ministry or their designates;

(b) the senior ministry official appointed to the ministry’s emergency management program committee under clause 2 (2) (b);

(c) the ministry’s emergency management program co-ordinator; and

(d) such other ministry employees as may be appointed by the minister.  O. Reg. 380/04, s. 3 (2).

(3) The senior ministry official who is a member of the group pursuant to clause (2) (b) may also be a deputy minister’s designate to the group under clause (2) (a).  O. Reg. 380/04, s. 3 (3).

(4) The members of the group shall complete the annual training that is required by the Chief, Emergency Management Ontario.  O. Reg. 380/04, s. 3 (4).

(5) The group shall direct the ministry’s response in an emergency, including the implementation of the ministry’s emergency plan.  O. Reg. 380/04, s. 3 (5).

(6) The group shall develop procedures to govern its responsibilities in an emergency.  O. Reg. 380/04, s. 3 (6).

(7) The group shall conduct an annual practice exercise for a simulated emergency incident in order to evaluate the ministry’s emergency plan and its own procedures.  O. Reg. 380/04, s. 3 (7).

(7.1) Despite subsection (7), the group is not required to conduct the annual practice exercise in a year if,

(a) the group directed the ministry’s response in an emergency during that year, and the emergency lasted for at least 48 hours;

(b) the group implemented the ministry’s emergency plan and the group’s procedures to respond to an emergency during that year; and

(c) the group complies with any other requirements that may be specified by the Chief, Emergency Management Ontario. O. Reg. 591/22, s. 1.

(8) If determined necessary as a result of the evaluation under subsection (7), the group shall revise its procedures and shall make recommendations to the minister for the revision of the ministry’s emergency plan.  O. Reg. 380/04, s. 3 (8).

(9) A member of the group must be available to be contacted on a 24-hour a day basis seven days a week.  O. Reg. 380/04, s. 3 (9).

(10) The group may at any time seek the advice and assistance of the following:

1. Officials or employees of any ministry.

2. Officials or employees of any other level of government who are involved in emergency management.

3. Representatives of organizations outside government who are involved in emergency management.

4. Persons representing industries that may be involved in emergency management.  O. Reg. 380/04, s. 3 (10).

Emergency operations centre

4. (1) Every minister shall establish an emergency operations centre to be used by the ministry action group in an emergency.  O. Reg. 380/04, s. 4 (1).

(2) The emergency operations centre must have appropriate technological and telecommunications systems to ensure effective communication in an emergency.  O. Reg. 380/04, s. 4 (2).

Emergency information officer

5. (1) Every minister shall designate an employee of the ministry as the ministry’s emergency information officer.  O. Reg. 380/04, s. 5 (1).

(2) The emergency information officer shall act as the primary media and public contact for the ministry in an emergency.  O. Reg. 380/04, s. 5 (2).

Ministry co-ordination

6. (1) Despite subsections 1 (1), 2 (1), 3 (1), 4 (1) and 5 (1), two or three ministers whose ministries have not been assigned additional responsibility for a specific type of emergency under subsection 6 (1) of the Act may jointly do any one or more of the following:

1. Designate one employee of one of the ministries as emergency management program co-ordinator for the ministries and one employee of one of the ministries as an alternate.

2. Establish a joint emergency management program committee for the ministries.

3. Establish a joint ministry action group for the ministries.

4. Establish a joint emergency operations centre for the ministries.

5. Designate one employee of one of the ministries as emergency information officer for the ministries.  O. Reg. 380/04, s. 6 (1).

(2) Subsections 1 (2) to (4) apply with necessary modifications to the emergency management program co-ordinator and alternate emergency management program co-ordinator for the ministries.  O. Reg. 380/04, s. 6 (2).

(3) The joint emergency management program committee shall be composed of,

(a) the ministries’ emergency management program co-ordinator;

(b) a senior official of one of the ministries appointed jointly by the ministers; and

(c) such employees of the ministries who are responsible for emergency management functions as may be appointed jointly by the ministers.  O. Reg. 380/04, s. 6 (3).

(4) Subsections 2 (3) to (5) apply with necessary modifications to the joint emergency management program committee.  O. Reg. 380/04, s. 6 (4).

(5) The joint ministry action group shall be composed of,

(a) each deputy minister of the ministries or their designates;

(b) the senior ministry official appointed to the joint emergency management program committee under clause (3) (b);

(c) the ministries’ emergency management program co-ordinator; and

(d) such other employees of the ministries as may be appointed jointly by the ministers.  O. Reg. 380/04, s. 6 (5).

(6) Subsections 3 (3) to (10) apply with necessary modifications to the joint ministry action group.  O. Reg. 380/04, s. 6 (6).

(7) Section 4 applies with necessary modifications to the joint emergency operations centre.  O. Reg. 380/04, s. 6 (7).

(8) Subsection 5 (2) applies with necessary modifications to the emergency information officer for the ministries.  O. Reg. 380/04, s. 6 (8).

(9) If two ministers designate one employee of one of the ministries as emergency management program co-ordinator for the ministries and one employee of one of the ministries as an alternate, but do not establish a joint emergency management program committee for the ministries or do not establish a joint ministry action group for the ministries, the ministries’ emergency management program co-ordinator shall serve on one of the ministries’ emergency management program committee or ministry action group, as the case may be, and the ministries’ alternate emergency management program co-ordinator shall serve on the other ministry’s emergency management program committee or ministry action group, as the case may be, as determined jointly by the ministers.  O. Reg. 380/04, s. 6 (9).

(10) If three ministers designate one employee of one of the ministries as emergency management program co-ordinator for the ministries and one employee of one of the ministries as an alternate, but do not establish a joint emergency management program committee for the ministries or do not establish a joint ministry action group for the ministries, the ministers shall jointly appoint a second alternate emergency management program co-ordinator for the ministries and the ministries’ emergency management program co-ordinator, alternate and second alternate shall each serve on the emergency management program committee or ministry action group, as the case may be, for one of the ministries, as determined jointly by the ministers.  O. Reg. 380/04, s. 6 (10).

Emergency plan

7. The emergency plan that a minister is required to formulate under subsection 6 (1) of the Act shall be composed of,

(a) a continuity of operations plan, as described in section 8 of this Regulation; and

(b) if the minister’s ministry has been assigned additional responsibility for a specific type of emergency under subsection 6 (1) of the Act, an emergency response plan for the specific type of emergency, as described in section 9 of this Regulation.  O. Reg. 380/04, s. 7.

Continuity of operations plan

8. A continuity of operations plan shall,

(a) assign responsibilities to ministry employees, by position, for continuity planning and implementation;

(b) identify the critical functions and services for which the minister is responsible;

(c) assess the importance of the systems, infrastructure, assets and resources used in providing the critical functions and services for which the minister is responsible;

(d) establish priorities for the resumption of any services that are made temporarily unavailable by an emergency;

(e) contain a communications strategy;

(f) contain an information technology plan; and

(g) contain a strategy for the resumption of services.  O. Reg. 380/04, s. 8.

Emergency response plan for specific types of emergencies

9. An emergency response plan for a specific type of emergency shall,

(a) assign responsibilities to ministry employees, by position, respecting implementation of the emergency response plan;

(b) set out the procedures for notifying the members of the ministry action group of the emergency;

(c) set out the procedures for alerting the public of the emergency and for keeping the public informed throughout the emergency; and

(d) be co-ordinated in so far as possible with the emergency response plans of other ministries.  O. Reg. 380/04, s. 9.

Part II
Municipal Standards

Emergency management program co-ordinator

10. (1) Every municipality shall designate an employee of the municipality or a member of the council as its emergency management program co-ordinator.  O. Reg. 380/04, s. 10 (1).

(2) The emergency management program co-ordinator shall complete the training that is required by the Chief, Emergency Management Ontario.  O. Reg. 380/04, s. 10 (2).

(3) The emergency management program co-ordinator shall co-ordinate the development and implementation of the municipality’s emergency management program within the municipality and shall co-ordinate the municipality’s emergency management program in so far as possible with the emergency management programs of other municipalities, of ministries of the Ontario government and of organizations outside government that are involved in emergency management.  O. Reg. 380/04, s. 10 (3).

(4) The emergency management program co-ordinator shall report to the municipality’s emergency management program committee on his or her work under subsection (3).  O. Reg. 380/04, s. 10 (4).

Emergency management program committee

11. (1) Every municipality shall have an emergency management program committee.  O. Reg. 380/04, s. 11 (1).

(2) The committee shall be composed of,

(a) the municipality’s emergency management program co-ordinator;

(b) a senior municipal official appointed by the council;

(c) such members of the council, as may be appointed by the council;

(d) such municipal employees who are responsible for emergency management functions, as may be appointed by the council; and

(e) such other persons as may be appointed by the council.  O. Reg. 380/04, s. 11 (2).

(3) The persons appointed under clause (2) (e) may only be,

(a) officials or employees of any level of government who are involved in emergency management;

(b) representatives of organizations outside government who are involved in emergency management; or

(c) persons representing industries that may be involved in emergency management.  O. Reg. 380/04, s. 11 (3).

(4) The council shall appoint one of the members of the committee to be the chair of the committee.  O. Reg. 380/04, s. 11 (4).

(5) The committee shall advise the council on the development and implementation of the municipality’s emergency management program.  O. Reg. 380/04, s. 11 (5).

(6) The committee shall conduct an annual review of the municipality’s emergency management program and shall make recommendations to the council for its revision if necessary.  O. Reg. 380/04, s. 11 (6).

Municipal emergency control group

12. (1) Every municipality shall have a municipal emergency control group.  O. Reg. 380/04, s. 12 (1).

(2) The emergency control group shall be composed of,

(a) such officials or employees of the municipality as may be appointed by the council; and

(b) such members of council as may be appointed by the council.  O. Reg. 380/04, s. 12 (2).

(3) The members of the group shall complete the annual training that is required by the Chief, Emergency Management Ontario.  O. Reg. 380/04, s. 12 (3).

(4) The group shall direct the municipality’s response in an emergency, including the implementation of the municipality’s emergency response plan.  O. Reg. 380/04, s. 12 (4).

(5) The group shall develop procedures to govern its responsibilities in an emergency.  O. Reg. 380/04, s. 12 (5).

(6) The group shall conduct an annual practice exercise for a simulated emergency incident in order to evaluate the municipality’s emergency response plan and its own procedures.  O. Reg. 380/04, s. 12 (6).

(6.1) Despite subsection (6), the group is not required to conduct the annual practice exercise in a year if,

(a) the group directed the municipality’s response in an emergency during that year, and the emergency lasted for at least 48 hours;

(b) the group implemented the municipality’s emergency response plan and the group’s procedures to respond to an emergency during that year; and

(c) the group complies with any other requirements that may be specified by the Chief, Emergency Management Ontario. O. Reg. 591/22, s. 2.

(7) If determined necessary as a result of the evaluation under subsection (6), the group shall revise its procedures and shall make recommendations to the council for the revision of the municipality’s emergency response plan.  O. Reg. 380/04, s. 12 (7).

(8) The group may at any time seek the advice and assistance of the following:

1. Officials or employees of any level of government who are involved in emergency management.

2. Representatives of organizations outside government who are involved in emergency management.

3. Persons representing industries that may be involved in emergency management.  O. Reg. 380/04, s. 12 (8).

Emergency operations centre

13. (1) Every municipality shall establish an emergency operations centre to be used by the municipal emergency control group in an emergency.  O. Reg. 380/04, s. 13 (1).

(2) The emergency operations centre must have appropriate technological and telecommunications systems to ensure effective communication in an emergency.  O. Reg. 380/04, s. 13 (2).

Emergency information officer

14. (1) Every municipality shall designate an employee of the municipality as its emergency information officer.  O. Reg. 380/04, s. 14 (1).

(2) The emergency information officer shall act as the primary media and public contact for the municipality in an emergency.  O. Reg. 380/04, s. 14 (2).

Emergency response plan

15. (1) The emergency plan that a municipality is required to formulate under subsection 3 (1) of the Act shall consist of an emergency response plan.  O. Reg. 380/04, s. 15 (1).

(2) An emergency response plan shall,

(a) assign responsibilities to municipal employees, by position, respecting implementation of the emergency response plan; and

(b) set out the procedures for notifying the members of the municipal emergency control group of the emergency.  O. Reg. 380/04, s. 15 (2).

PART III
STANDARDS FOR DESIGNATED Entities

Ministry standards apply to designated agencies, boards, commissions, branches

16. (1) Part I applies with necessary modifications to an agency, board, commission or other branch of government designated by the Lieutenant Governor in Council.  O. Reg. 380/04, s. 16 (1).

(2) For the purpose of subsection (1), a reference in Part I to a minister or ministry shall be read as a reference to the agency, board, commission or other branch of government and a reference to a deputy minister shall be read as a reference to the chair of the agency, board, commission or the head of the other branch of government.  O. Reg. 380/04, s. 16 (2).

17. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 380/04, s. 17.