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BYLAW NO. 1159/2019
Municipal Emergency Management Agency Bylaw
Being a Bylaw of the Village of Delburne, in the Province of Alberta,
to establish a Municipal Emergency Management Agency.
WHEREAS, the Council of the Village of Delburne is responsible for the direction and control of its
emergency response and is required, under the Emergency Management Act, Chapter E-6.8, to
appoint an Emergency Advisory Committee and to establish and maintain a Municipal Emergency
Management Agency; and
WHEREAS it is desirable in the public interest, and in the interests 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.
NOW, THEREFORE, the council of the Village of Delburne, duly assembled, enacts as follows:
1.0
BYLAW TITLE
1.1
This Bylaw may be cited as the "Municipal Emergency Management Agency Bylaw".
2.0
DEFINITIONS
2.1
In this Bylaw, words have the meanings as set out in the Municipal Government Act,
except that:
a.
"Act" means the Emergency Management Act, Chapter E-6.8 and amendments;
b.
1'Agency" means the Municipal Emergency Management Agency as established by
this Bylaw;
c.
Yhief Administrative Officer" means the person appointed by Council as the Chief
Administrative Officer for the Village of Delburne or a person delegated to act in said
role;
d.
11Committee" means the Emergency Advisory Committee as established by this
Bylaw;
e.
"Council" means the Council of the Village of Delburne;
f.
11Director" means the Director of Emergency Management for the Village of
Delburne as appointed by this Bylaw;
g.
"Disaster" means an event that has resulted or may result in serious harm to the
safety, health or welfare of people, or in widespread damage to property;
h.
"Emergency Advisory Committee" means the committee as established by this
Bylaw;
i.
"Emergency" means an event that requires prompt coordination of action or special
regulation of persons or property that safety, health or welfare of people to limit
damage to property;
j.
"Minister" means the Minister charged with administration of the Emergency
Management Act;
k.
"Municipal Emergency Management Agency" means the agency established under
this Bylaw;
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Village of Delburne - Bylaw 1159/2019
I.
"Municipal Emergency Plan" means the emergency plan prepared by the Director of
Emergency Management to co-ordinate response to an emergency or disaster; and
m.
"Village" means the municipality of the Village of Delburne in the province of
Alberta.
3.0
EMERGENCY ADVISORY COMMITTEE
3.1
The Emergency Advisory Committee (the "Committee") is hereby established for the
Village of Delburne.
3.2
The Committee shall:
a) Consist of the Mayor and all members of Council;
b)
Review the Municipal Emergency Plan and related plans and programs at least once
each year;
c)
Recommend to Council any changes to the Municipal Emergency Plan if
appropriate; and
d) Provide the Emergency Management Agency with guidance and direction.
3.3
The Mayor shall be the Chair of the Committee. If the Mayor is absent, the Deputy Mayor
will chair the Committee, and in the absence of the Deputy Mayor, the Council member
present who is next scheduled in the roster as Deputy Mayor shall chair. In the event there
are no Council members present who are scheduled to be Deputy Mayor, then the last
Council member to fulfil the role of Deputy Mayor shall chair.
3.4
The Committee shall meet annually, or more frequently as required, and may meet on less
than twenty-four (24) hours notice. Where meetings in person are not feasible, the
Committee may convene by electronic means of communication.
3.5
The Director of Emergency Management may call an emergency meeting of the Committee
where he considers that a disaster exists or may exist that affects the Village.
3.6
A minimum of one (1) hour notice of the time and place of an emergency meeting must be
given to as many members of Council as possible in the circumstances.
3.7
Those members of Council attending an emergency meeting of the Committee constitute a
quorum.
4.0
MUNICIPAL EMERGENCY MANAGEMENT AGENCY
4.1
The Municipal Emergency Management Agency (the "Agency") is hereby established to act
as the agent of Council to carry out its statutory powers and obligations under the Act. This
does not include the power to declare, renew, or terminate a State of Local Emergency nor
the power contained in Section 8 of this Bylaw.
4.2
The Agency shall be comprised of the following Village of Delburne personnel:
a)
Director of Emergency Management;
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Village of Delburne - Bylaw 1159/2019
b) Deputy Director(s) of Emergency Management;
c)
Chief Administrative Officer
d) Delburne & District Fire Chief;
e) Other personnel at the discretion of the Director.
4.3
The Agency shall invite representatives from the following organizations and agencies to
participate in the annual stakeholder meeting and exercise:
a) Police Agency of Jurisdiction;
b) Emergency Medical Services Provider(s);
c) Alberta Health Services;
d) School Divisions;
e) Utility Providers;
f)
Alberta Environment;
g) Alberta Emergency Management Agency;
h) Non-Government Aid/Disaster Response Organizations;
i)
Amateur Radio Emergency Services; and
j)
Any other organizations that may be required from time to time.
4.4
The Agency shall be responsible for administration of the Municipal Emergency Plan and
related plans and programs;
4.5
The Agency shall operate in accordance with a command, control and coordination system
prescribed by the Managing Director of the Alberta Emergency Management Agency; and
4.6
The Agency shall review the Municipal Emergency Plan and make recommendations to the
Emergency Advisory Committee regarding enhancement of the Municipal Emergency Plan
at lease once annually.
5.0
COUNCIL'S POWERS AND RESPONSIBILITIES
5.1
Council shall:
a) App9int a Director of Emergency Management for the Village of Delburne;
b) Provide for the payment of expenses of the members of the Emergency
Management Committee;
c)
Ensure that emergency plans and programs are prepared to address potential
emergencies or disasters that can reasonably be foreseen in the Village of
Delburne; and
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Village of Delburne - Bylaw 1159/2019
d) Approve the Village of Delburne's Municipal Emergency Plan.
5.2
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 when a State of Local Emergency has been declared pursuant
to Section 7; 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
according to the provisions of the Municipal Government Act.
6.0
DIRECTOR OF EMERGENCY MANAGEMENT POWERS AND RESPONSIBILITIES
6.1
The Director of Emergency Management shall appoint a Deputy Director of Emergency
Management for the Village of Delburne to act on the Director's behalf in his absence.
6.2
The Director of Emergency Management shall:
a)
Ensure the preparation and coordination of the Municipal Emergency Plan and
related plans and programs for the Village of Delburne;
b) Act as director of emergency operations to coordinate all emergency services and
other resources used in an emergency, or ensure that someone is designated under
the Municipal Emergency Plan to so act;
c)
Coordinate the Municipal Emergency Management Agency to fulfill the Agency's
obligations laid out herein; and
d) Communicate recommendations made by the Municipal Emergency Management
Agency to the Emergency Advisory Committee.
7.0
DECLARING A STATE OF LOCAL EMERGENCY
7.1
The power to declare or renew a State of Local Emergency under the Act and the powers
specified in Section 9 of this Bylaw are hereby delegated to the Mayor, or the Deputy
Mayor, or two members of Council acting in concert.
7.2
When a State of Local Emergency is declared, the Director or delegate shall:
a) Ensure that the declaration identifies the nature of the emergency and the area of
the Village in which it exists;
b) Cause the details of the declaration to be published immediately by such means of
communication considered most likely to notify the population of the area
affected;
c) Forward a copy of the declaration to the Minister forthwith; and
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Village of Delburne - Bylaw 1159/2019
d) Notify the Alberta Emergency Management Agency when practicable.
8.0
STATE OF LOCAL EMERGENCY
8.1
Subject to Section 9, when a State of Local Emergency is declared, the Director or delegate
may:
a)
Cause the Municipal Emergency Plan or any related plans or programs 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 the person is
qualified to provide;
d) Control or prohibit travel to or from any area of the Village;
e)
Provide for the restoration of essential facilities and the distribution of essential
supplies and provide, maintain and coordinate emergency medical, welfare and
other essential services in any part of the Village;
f)
Order the evacuation of persons and the removal of livestock and personal
property from any area of the Village that is or may be affected by a 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 a disaster 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 Village for the duration of the state of emergency;
j)
Authorize the conscription of persons needed to meet an emergency; 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.
9.0
TERMINATING A STATE OF LOCAL EMERGENCY
9.1
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.
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Village of Delburne - Bylaw 1159/2019
9.2
The person or persons declaring the State of Local Emergency shall terminate the
declaration immediately after:
a) The cancellation by the Minister of a State of Local Emergency; or
b) The termination by a lapse of time of a State of Local Emergency.
9.3
When a declaration of a State of Local Emergency has been terminated, the Director or
delegate 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.
10.0
STATEMENT
10.1
No action lies against the Village of Delburne or a person acting under the Village of
Delburne's direction or authorization for anything done or omitted to be done in good faith
while carrying out a power under the Emergency Management Act, the Local Authority
Emergency Management Regulation or this Bylaw during a State of Local Emergency.
11.0
TRANSITIONAL
11.1
This Bylaw comes into force on the date of its final passing.
11.2
Bylaw 1086 is hereby repealed on the date of the final passing of this Bylaw.
FIRST READING of Bylaw 1159/2019 granted this lih of November, 2019.
SECOND READING of Bylaw 1159/2019 granted this lih day of November, 2019.
Unanimous consent given by the Councillors present to proceed with third and final
reading.
THIRD AND FINAL READING of Bylaw 1159/2019 granted this lih day of November, 2019.
'
Fegan, CLG
Chief Administrati::
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