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Emergency Management Act

R.S.O. 1990, CHAPTER E.9

Historical version for the period May 5, 2003 to June 19, 2006.

Amended by: 1999, c. 12, Sched. P, ss. 3-9; 2002, c. 14, ss. 2-16; 2002, c. 17, Sched. C, s. 10; 2003, c. 1, s. 14.

Definitions

1. In this Act,

“Crown employee” means a Crown employee within the meaning of the Public Service Act; (“employé de la Couronne”)

“emergency” means a situation or an impending situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property; (“situation d’urgence”)

“emergency area” means the area in which an emergency exists; (“zone de crise”)

“emergency management program” means a program developed under section 2.1 or 5.1; (“programme de gestion des situations d’urgence”)

“emergency plan” means a plan formulated under section 3, 6, 8 or 8.1; (“plan de mesures d’urgence”)

“employee of a municipality” means an employee as defined in section 278 of the Municipal Act, 2001; (“employé municipal”)

“head of council” includes a chair of the board of an improvement district; (“président du conseil”)

“local board” means a local board as defined in the Municipal Affairs Act; (“conseil local”)

“local services board” means a Local Services Board established under the Local Services Boards Act; (“régie locale des services publics”)

“member of council” includes a trustee of the board of an improvement district; (“membre du conseil”) R.S.O. 1990, c. E.9, s. 1; 1999, c. 12, Sched. P, s. 3; 2002, c. 14, s. 3; 2002, c. 17, Sched. C, s. 10 (1, 2).

Administration of Act

2. The Solicitor General is responsible for the administration of this Act. R.S.O. 1990, c. E.9, s. 2.

Municipal emergency management programs

2.1 (1) Every municipality shall develop and implement an emergency management program and the council of the municipality shall by by-law adopt the emergency management program. 2002, c. 14, s. 4.

Same

(2) The emergency management program shall consist of,

(a) an emergency plan as required by section 3;

(b) training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities;

(c) public education on risks to public safety and on public preparedness for emergencies; and

(d) any other element required by the standards for emergency management programs set under section 14. 2002, c. 14, s. 4.

Hazard and risk assessment and infrastructure identification

(3) In developing its emergency management program, every municipality shall identify and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure that are at risk of being affected by emergencies. 2002, c. 14, s. 4.

Confidentiality for defence reasons

(4) Subject to subsection (5), a head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, may refuse under that Act to disclose a record if,

(a) the record contains information required for the identification and assessment activities under subsection (3); and

(b) its disclosure could reasonably be expected to prejudice the defence of Canada or of any foreign state allied or associated with Canada or be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism. 2002, c. 14, s. 4.

Same

(5) A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not disclose a record described in subsection (4),

(a) if the institution is a municipality and the head of the institution is not the council of the municipality, without the prior approval of the council of the municipality;

(b) if the institution is a board, commission or body of a municipality, without the prior approval of the council of the municipality or, if it is a board, commission or body of two or more municipalities, without the prior approval of the councils of those municipalities. 2002, c. 14, s. 4.

Confidentiality of third party information

(6) A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not, under that Act, disclose a record that,

(a) contains information required for the identification and assessment activities under subsection (3); and

(b) reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly. 2002, c. 14, s. 4.

Meetings closed to public

(7) The council of a municipality shall close to the public a meeting or part of a meeting if the subject matter being considered is the council’s approval for the purpose of subsection (5). 2002, c. 14, s. 4.

Application of Municipal Freedom of Information and Protection of Privacy Act

(8) Nothing in this section affects a person’s right of appeal under section 39 of the Municipal Freedom of Information and Protection of Privacy Act with respect to a record described in this section. 2002, c. 14, s. 4.

Municipal emergency plan

3. (1) Every municipality shall formulate an emergency plan governing the provision of necessary services during an emergency and the procedures under and the manner in which employees of the municipality and other persons will respond to the emergency and the council of the municipality shall by by-law adopt the emergency plan. 2002, c. 14, s. 5 (1).

(2) Repealed: 2002, c. 14, s. 5 (1).

Co-ordination by county

(3) The council of a county may with the consent of the councils of the municipalities situated within the county co-ordinate and assist in the formulation of their emergency plans under subsection (1). R.S.O. 1990, c. E.9, s. 3 (3).

Specific emergencies may be designated

(4) The Lieutenant Governor in Council may designate a municipality to address a specific type of emergency in its emergency plan and, if so required, the municipality shall include the type of emergency specified in its emergency plan. 2002, c. 14, s. 5 (2).

Training and exercises

(5) Every municipality shall conduct training programs and exercises to ensure the readiness of employees of the municipality and other persons to act under the emergency plan. 2002, c. 14, s. 5 (3).

Review of plan

(6) Every municipality shall review and, if necessary, revise its emergency plan every year. 2002, c. 14, s. 5 (3).

Declaration of emergency

4. (1) The head of council of a municipality may declare that an emergency exists in the municipality or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area. R.S.O. 1990, c. E.9, s. 4 (1).

Declaration as to termination of emergency

(2) The head of council or the council of a municipality may at any time declare that an emergency has terminated. R.S.O. 1990, c. E.9, s. 4 (2).

Solicitor General to be notified

(3) The head of council shall ensure that the Solicitor General is notified forthwith of a declaration made under subsection (1) or (2). R.S.O. 1990, c. E.9, s. 4 (3).

Premier may declare emergency terminated

(4) The Premier of Ontario may at any time declare that an emergency has terminated. R.S.O. 1990, c. E.9, s. 4 (4).

Conformity with upper-tier plan

5. The emergency plan of a lower-tier municipality in an upper-tier municipality, excluding a county, shall conform to the emergency plan of the upper-tier municipality and has no effect to the extent of any inconsistency and, for the purposes of this section, The Corporation of the County of Lambton shall be deemed to be an upper-tier municipality. 2002, c. 17, Sched. C, s. 10 (3).

Emergency management programs of provincial government bodies

5.1 (1) Every minister of the Crown presiding over a ministry of the Government of Ontario and every agency, board, commission and other branch of government designated by the Lieutenant Governor in Council shall develop and implement an emergency management program consisting of,

(a) an emergency plan as required by section 6;

(b) training programs and exercises for Crown employees and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities;

(c) public education on risks to public safety and on public preparedness for emergencies; and

(d) any other element required by the standards for emergency management programs set under section 14. 2002, c. 14, s. 7.

Hazard and risk assessment and infrastructure identification

(2) In developing an emergency management program, every minister of the Crown and every designated agency, board, commission and other branch of government shall identify and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure for which the minister or agency, board, commission or branch is responsible that are at risk of being affected by emergencies. 2002, c. 14, s. 7.

Confidentiality of third party information

(3) A head of an institution, as defined in the Freedom of Information and Protection of Privacy Act, shall not, under that Act, disclose a record that,

(a) contains information required for the identification and assessment activities under subsection (2); and

(b) reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly. 2002, c. 14, s. 7.

Application of Freedom of Information and Protection of Privacy Act

(4) Nothing in this section affects a person’s right of appeal under section 50 of the Freedom of Information and Protection of Privacy Act with respect to a record described in this section. 2002, c. 14, s. 7.

Emergency plans of provincial government bodies

6. (1) It is the responsibility of,

(a) each minister of the Crown presiding over a ministry of the Government of Ontario; and

(b) each agency, board, commission or other branch of government designated by the Lieutenant Governor in Council,

to formulate an emergency plan for the ministry or branch of government, as the case may be, in respect of the type of emergency assigned to it by the Lieutenant Governor in Council, governing the provision of necessary services during an emergency and the procedures under and the manner in which Crown employees and other persons will respond to the emergency. R.S.O. 1990, c. E.9, s. 6 (1).

Training and exercises

(2) Every minister of the Crown described in clause (1) (a) and every agency, board, commission or other branch of government described in clause (1) (b) shall conduct training programs and exercises to ensure the readiness of Crown employees and other persons to act under their emergency plans. 2002, c. 14, s. 8.

Review of plan

(3) Every minister of the Crown described in clause (1) (a) and every agency, board, commission or other branch of government described in clause (1) (b) shall review and, if necessary, revise its emergency plan every year. 2002, c. 14, s. 8.

Chief, Emergency Management Ontario

6.1 The Lieutenant Governor in Council shall appoint a Chief, Emergency Management Ontario who, under the direction of the Solicitor General, shall be responsible for monitoring, co-ordinating and assisting in the development and implementation of emergency management programs under sections 2.1 and 5.1 and for ensuring that those programs are co-ordinated in so far as possible with emergency management programs and emergency plans of the Government of Canada and its agencies. 2002, c. 14, s. 9.

Emergency plans submitted to Chief

6.2 (1) Every municipality, minister of the Crown and designated agency, board, commission and other branch of government shall submit a copy of their emergency plans and of any revisions to their emergency plans to the Chief, Emergency Management Ontario, and shall ensure that the Chief, Emergency Management Ontario has, at any time, the most current version of their emergency plans. 2002, c. 14, s. 10.

Repository for emergency plans

(2) The Chief, Emergency Management Ontario shall keep in a secure place the most current version of every emergency plan submitted to him or her. 2002, c. 14, s. 10.

Declaration of emergency

7. (1) The Premier of Ontario may declare that an emergency exists throughout Ontario or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plans formulated under section 6 or 8 and to protect property and the health, safety and welfare of the inhabitants of the emergency area. R.S.O. 1990, c. E.9, s. 7 (1).

Power of Premier

(2) For the purposes of subsection (1), the Premier of Ontario may exercise any power or perform any duty conferred upon a minister of the Crown or a Crown employee by or under an Act of the Legislature. R.S.O. 1990, c. E.9, s. 7 (2).

Emergency powers

(3) Where a declaration is made under subsection (1) and the emergency area or any part thereof is within the jurisdiction of a municipality, the Premier of Ontario may, where he or she considers it necessary, direct and control the administration, facilities and equipment of the municipality to ensure the provision of necessary services in the emergency area, and, without restricting the generality of the foregoing, the exercise by the municipality of its powers and duties in the emergency area, whether under an emergency plan or otherwise, is subject to the direction and control of the Premier. R.S.O. 1990, c. E.9, s. 7 (3).

Assistance

(4) The Premier of Ontario may require any municipality to provide such assistance as he or she considers necessary to an emergency area or any part thereof that is not within the jurisdiction of the municipality, and may direct and control the provision of such assistance, and the Lieutenant Governor in Council may authorize the payment of the cost thereof out of the Consolidated Revenue Fund. R.S.O. 1990, c. E.9, s. 7 (4).

Premier may designate minister

(5) Where the Premier of Ontario makes a declaration under subsection (1), he or she may designate a minister of the Crown to exercise the powers conferred on the Premier by subsections (1), (2), (3) and (4). R.S.O. 1990, c. E.9, s. 7 (5).

Local boards and local services boards included

(6) For the purposes of this section,

“municipality” includes a local board of a municipality and a local services board. R.S.O. 1990, c. E.9, s. 7 (6); 1999, c. 12, Sched. P, s. 5.

Order in council in emergency

Purpose

7.1 (1) The purpose of this section is to authorize the Lieutenant Governor in Council to make appropriate orders when, in the opinion of the Lieutenant Governor in Council, victims of an emergency or other persons affected by an emergency need greater services, benefits or compensation than the law of Ontario provides or may be prejudiced by the operation of the law of Ontario. 2003, c. 1, s. 14 (1).

Order in council

(2) If the conditions set out in subsection (2.1) are satisfied, the Lieutenant Governor in Council may, by order in council made on the recommendation of the Attorney General, but only if the Lieutenant Governor in Council is of the opinion described in subsection (1),

(a) temporarily suspend the operation of a provision of a statute, regulation, rule, by-law or order of the Government of Ontario; and

(b) if it is appropriate to do so, set out a replacement provision to be in effect during the temporary suspension period only. 2003, c. 1, s. 14 (1).

Conditions

(2.1) The conditions referred to in subsection (2) are:

1. A declaration has been made under subsection 7 (1).

2. The provision,

i. governs services, benefits or compensation, including,

A. fixing maximum amounts,

B. establishing eligibility requirements,

C. requiring that something be proved or supplied before services, benefits or compensation become available,

D. restricting how often a service or benefit may be provided or a payment may be made in a given time period,

E. restricting the duration of services, benefits or compensation or the time period during which they may be provided,

ii. establishes a limitation period or a period of time within which a step must be taken in a proceeding, or

iii. requires the payment of fees in respect of a proceeding or in connection with anything done in the administration of justice.

3. In the opinion of the Lieutenant Governor in Council, the order in council would facilitate providing assistance to victims of the emergency or would otherwise help victims or other persons to deal with the emergency and its aftermath. 2003, c. 1, s. 14 (1).

Commencement

(3) The order in council may, if it so provides,

(a) come into force on the day it is issued; or

(b) have retroactive effect to a date no earlier than the beginning of the emergency. 2002, c. 14, s. 11.

Notice

(4) Subsection 5 (3) of the Regulations Act does not apply to the order in council, but the Lieutenant Governor in Council shall take steps to publish the order in council in order to bring it to the attention of affected persons pending publication under the Regulations Act. 2002, c. 14, s. 11.

Maximum period, renewals and new orders in council

(5) The period of temporary suspension under an order in council shall not exceed 90 days, but the Lieutenant Governor in Council may,

(a) before the end of the period of temporary suspension, review the order in council and, if the conditions set out in subsection (2.1) continue to apply, make an order in council renewing the original order in council for a further period of temporary suspension not exceeding 90 days;

(b) at any time, make a new order in council under subsection (2) for a further period of temporary suspension not exceeding 90 days. 2003, c. 1, s. 14 (2).

Further renewals

(5.1) An order in council that has previously been renewed under clause (5) (a) may be renewed again, and in that case clause (5) (a) applies with necessary modifications. 2003, c. 1, s. 14 (2).

General or specific

(6) The order in council may be general or specific in its application. 2002, c. 14, s. 11.

Conflict

(7) In the event of conflict, the order in council prevails over the statute, regulation, rule, by-law or order to which the temporary suspension relates. 2002, c. 14, s. 11.

Effect of temporary suspension: time period

(8) If a provision establishing a limitation period or a period of time within which a step must be taken in a proceeding is temporarily suspended by the order in council and the order in council does not provide for a replacement limitation period or period of time, the limitation period or period of time resumes running on the date on which the temporary suspension ends and the temporary suspension period shall not be counted. 2003, c. 1, s. 14 (3).

Effect of temporary suspension: fee

(9) If a provision requiring the payment of a fee is temporarily suspended by the order in council and the order in council does not provide for a replacement fee, no fee is payable at any time with respect to things done during the temporary suspension period. 2003, c. 1, s. 14 (3).

Restriction

(10) This section does not authorize,

(a) making any reduction in respect of services, benefits or compensation;

(b) shortening a limitation period or a period of time within which a step must be taken in a proceeding; or

(c) increasing the amount of a fee. 2003, c. 1, s. 14 (3).

Lieutenant Governor in Council to formulate plan

8. The Lieutenant Governor in Council shall formulate an emergency plan respecting emergencies arising in connection with nuclear facilities, and any provisions of an emergency plan of a municipality respecting such an emergency shall conform to the plan formulated by the Lieutenant Governor in Council and are subject to the approval of the Solicitor General and the Solicitor General may make such alterations as he or she considers necessary for the purpose of co-ordinating the plan with the plan formulated by the Lieutenant Governor in Council. R.S.O. 1990, c. E.9, s. 8; 1999, c. 12, Sched. P, s. 6.

Other emergency plans

8.1 The Solicitor General may, if he or she thinks it is necessary or desirable in the interests of emergency management and public safety, formulate emergency plans respecting types of emergencies other than those arising in connection with nuclear facilities. 2002, c. 14, s. 12.

What plan may provide

9. An emergency plan formulated under section 3, 6 or 8 shall,

(a) in the case of a municipality, authorize employees of the municipality or, in the case of a plan formulated under section 6 or 8, authorize Crown employees to take action under the emergency plan where an emergency exists but has not yet been declared to exist;

(b) specify procedures to be taken for the safety or evacuation of persons in an emergency area;

(c) in the case of a municipality, designate one or more members of council who may exercise the powers and perform the duties of the head of council under this Act or the emergency plan during the absence of the head of council or during his or her inability to act;

(d) establish committees and designate employees to be responsible for reviewing the emergency plan, training employees in their functions and implementing the emergency plan during an emergency;

(e) provide for obtaining and distributing materials, equipment and supplies during an emergency;

(e.1) provide for any other matter required by the standards for emergency plans set under section 14; and

(f) provide for such other matters as are considered necessary or advisable for the implementation of the emergency plan during an emergency. R.S.O. 1990, c. E.9, s. 9; 2002, c. 14, s. 13.

Public access to plans

10. An emergency plan formulated under section 3, 6 or 8 shall be made available to the public for inspection and copying during ordinary business hours at an office of the municipality, ministry or branch of government, as the case may be. R.S.O. 1990, c. E.9, s. 10.

Protection from personal liability

11. (1) No action or other proceeding lies or shall be instituted against a member of council, an employee of a municipality, a minister of the Crown or a Crown employee for doing any act or neglecting to do any act in good faith in the implementation or intended implementation of an emergency management program or an emergency plan or in connection with an emergency. 2002, c. 14, s. 14.

Crown not relieved of liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability for the acts or omissions of a minister of the Crown or a Crown employee referred to in subsection (1) and the Crown is liable under that Act as if subsection (1) had not been enacted. R.S.O. 1990, c. E.9, s. 11 (2).

Municipality not relieved of liability

(3) Subsection (1) does not relieve a municipality of liability for the acts or omissions of a member of council or an employee of the municipality referred to in subsection (1), and the municipality is liable as if subsection (1) had not been enacted and, in the case of a member of council, as if the member were an employee of the municipality. R.S.O. 1990, c. E.9, s. 11 (3).

Local boards included

(4) For the purposes of this section,

“municipality” includes a local board of a municipality and “member of council” includes a member of a local board. 1999, c. 12, Sched. P, s. 7.

Right of action

12. Where money is expended or cost is incurred by a municipality or the Crown in the implementation of an emergency plan or in connection with an emergency, the municipality or the Crown, as the case may be, has a right of action against any person who caused the emergency for the recovery of such money or cost, and for the purposes of this section, “municipality” includes a local board of a municipality and a local services board. R.S.O. 1990, c. E.9, s. 12; 1999, c. 12, Sched. P, s. 8.

Agreements

13. (1) The Solicitor General, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada in respect of the payment by Canada to Ontario of any part of the cost to Ontario and to municipalities of the development and implementation of emergency management programs and the formulation and implementation of emergency plans. R.S.O. 1990, c. E.9, s. 13 (1); 2002, c. 14, s. 15.

Idem

(2) The Solicitor General, with the approval of the Lieutenant Governor in Council, may make agreements with the Crown in right of Canada and with the Crown in right of any other province for the provision of any personnel, service, equipment or material during an emergency. R.S.O. 1990, c. E.9, s. 13 (2).

Idem

(3) The council of a municipality may make an agreement with the council of any other municipality or with any person for the provision of any personnel, service, equipment or material during an emergency. R.S.O. 1990, c. E.9, s. 13 (3); 1999, c. 12, Sched. P, s. 9.

Standards for emergency management programs and emergency plans

14. (1) The Solicitor General may make regulations setting standards for the development and implementation of emergency management programs under sections 2.1 and 5.1 and for the formulation and implementation of emergency plans under sections 3 and 6. 2002, c. 14, s. 16.

General or particular

(2) A regulation made under subsection (1) may be general or particular in its application. 2002, c. 14, s. 16.

Conformity to standards required

(3) Every municipality, minister of the Crown and designated agency, board, commission and other branch of government shall ensure that their emergency management programs and emergency plans conform to the standards set under this section. 2002, c. 14, s. 16.

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