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Bylaw 767-23 - Regional Emergency Management Bylaw
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Village of Donalda
BYLAW 767-23
A BYLAW OF THE VILLAGE OF DONALDA, IN THE PROVINCE OF ALBERTA, TO ESTABLISH A
REGIONAL EMERGENCY MANAGEMENT COMMITTEE AND AGENCY
WHEREAS the Council of the Village of Donalda is responsible for the direction and control of its
emergency response and is required, under the Emergency Management Act, Revised Statutes
of Alberta 2000, Chapter E-6.8, to appoint an Emergency Management 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;
AND WHEREAS the municipalities of Big Valley, Donalda, The Summer Village of Rochon Sands,
The Summer Village of White Sands, the Town of Stettler, and the County of Stettler No. 6 wish
to establish a Regional Emergency Management Committee and a Regional Emergency
Management Agency
NOW THEREFORE, the Council of the Village of Donalda, in the Province of Alberta, duly
assembled, wishes to enact the following:
1. TITLE
1.1.
This Bylaw may be referred to as the "Regional Emergency Management Bylaw."
2. INTERPRETATION
2.1.
In this Bylaw, including this Section, unless the contrary context otherwise requires:
2.1.1.
"Act" means the Emergency Management Act, R.S.A 2000, Chapter E-6.8,
and amendments thereto, including provincial regulations such as the Local
Authority Emergency Management Regulation 203/2018 and amendments
thereto.
2.1.2.
"Chief Administrative Officer" or "C.A.O." means the Chief Administrative
Officer of the Village of Donalda or their delegate.
2.1.3.
"Council" means the Council of the Village of Donalda.
2.1.4.
"Deputy Director of Emergency Management" (DDEM) means the
person(s) appointed by resolution of Council who are responsible for the
duties of the Director of Emergency Management in their absence.
2.1.5.
"Director of Emergency Management" (D.E.M.) means the person
appointed by resolution of Council who shall be responsible for the
municipalities' Emergency Management Program as contained in Section 9
of the Bylaw.
2.1.6.
"Disaster" means an event that seriously harms people's safety, health, or
welfare or in widespread damage to property.
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2.1.7.
"Emergency" means an event requiring prompt coordination of action or
special regulation of persons or property to protect people's safety, health,
or welfare or to limit property damage.
2.1.8.
"Emergency Management Advisory Committee" means the Stettler
Regional Emergency Management Committee as established by the
Agreement between and the bylaws of the parties hereto. The Emergency
Management Committee shall consist of Councillors appointed by the
parties hereto.
2.1.9.
"Local Authority" means where a municipality has a Council within the
meaning of the Municipal Government Act, that Council.
2.1.10. "Minister" means the Minister charged with the administration of the Act.
2.1.11. "Regional Emergency Management Agency" means the Stettler Regional
Emergency Management Agency as established by Agreement and the
bylaws of the parties hereto.
2.1.12. "Regional Director of Emergency Management" (RDEM) means the person
appointed by the Emergency Management Advisory Committee to act as
the Regional Emergency Coordinator. The Regional Director of Emergency
Management is delegated with the responsibility for program
administration, planning, preparedness, and mitigation on behalf of the
Committee and Director(s) of Emergency Management, who shall facilitate
the coordination of planning for and response to regional or intermunicipal
disasters or emergencies.
2.1.13. "Regional Emergency Plan" means the Stettler Regional Emergency
Management Plan prepared by the Directors of Emergency Management to
coordinate responses to an emergency or disaster based on the Incident
Command System for command and control.
3. ADVISORY COMMITTEE AND AGENCY
3.1.
There is hereby established a Regional Emergency Management Advisory
Committee to advise Council on the development of emergency plans and programs
and to provide direction to the Regional Emergency Management Agency with
regard to planning priorities, policy issues and budget.
3.2.
There is hereby established a Regional Emergency Management Agency responsible
for administering the Emergency Management Program on behalf of the Village of
Donalda and the partner municipalities within the Stettler Region. The Regional
Emergency Management Agency is authorized to act as the agent of the Council to
carry out its statutory powers and obligations under Section 11.2(2) and Section
24(1) of the Act and the Local Authority Emergency Management Regulation. The
Regional Emergency Management Agency does not have the power to declare,
renew, or terminate a state of local emergency, nor the powers contained in
Section 10.3 of this Bylaw.
4. Council shall:
4.1.
By resolution, appoint one of its members to serve on the Regional Emergency
Management Advisory Committee and at least one member as an alternate;
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4.2.
Provide for the payment of expenses of its member(s) of the Regional Emergency
Management Advisory Committee;
4.3.
By resolution, on the recommendation of the Regional Emergency Management
Advisory Committee, appoint a Director of Emergency Management and Deputy
Director of Emergency Management;
4.4.
Ensure that emergency plans and programs are prepared to address potential
emergencies or disasters in the Village of Donalda.
4.5.
Approve the Regional Emergency Plans and Programs as they relate to the Village of
Donalda and
4.6.
Review the status of the Regional Emergency Plan and related plans and programs
at least once a year.
5. Council may:
5.1.
By Bylaw, borrow, levy, appropriate and expend, without the consent of the
electors, all sums required for the operation of the Regional Emergency
Management Agency; and
5.2.
Enter into agreements with and make payments or grants to persons or
organizations to provide services in developing or implementing emergency plans or
programs, including mutual aid plans and programs.
6. REGIONAL EMERGENCY MANAGEMENT ADVISORY COMMITTEE
RESPONSIBILITIES
The Regional Emergency Management Advisory Committee shall:
6.1.
Review the Regional Emergency Plan and related plans and programs regularly;
6.2.
Advise Council, duly assembled, on the status of the Regional Emergency Plan and
related plans and programs at least once each year;
6.3.
Provide guidance and direction to the Regional Emergency Management Agency;
6.4.
Approve the annual operating budget for the Regional Emergency Management
Agency;
6.5.
Adopt policies as required for the effective and efficient operation of the Regional
Emergency Management Agency and
6.6.
Provide input for Hazard Identification Risk Assessments as required;
6.7.
Meet at least (1) time per year as scheduled. The Regional Director of Emergency
Management or any of the Directors of Emergency Management will be the
meeting chairperson and the quorum will consist of committee members or
alternates from at least four (4) of the member municipalities, and a simple majority
of the committee members present will carry motions.
6.8.
Be declared through this Bylaw to have delegated all powers and duties that are
provided to the local authority under the Act.
6.9.
The command, control and coordination system prescribed by the Managing
Director of the Alberta Emergency Management Agency will be utilized by the
Regional Emergency Management Agency.
7. COMPOSITION
The Regional Emergency Management Agency shall be comprised of the following persons:
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7.1.
The Regional Director of Emergency Management;
7.2.
The Chief Administrative Officers of each municipality which is a member of the
Partnership Agreement;
7.3.
The Directors of Emergency Management of each municipality, which is a member
of the Partnership Agreement.
7.4.
The Deputy Directors of Emergency Management of each municipality which is a
member of the Partnership Agreement;
7.5.
Designated management and other staff identified for various emergency roles.
7.6.
In addition, the Agency may request that the following persons join or advise the
Committee for each period of time that the Agency deems appropriate:
7.6.1.
Health Agencies;
7.6.2.
Fire Chiefs or designates;
7.6.3.
Emergency Social Services Manager or designate;
7.6.4.
Stettler and District Family and Community Support Services;
7.6.5.
County of Stettler Housing Authority;
7.6.6.
Local RCMP Detachment or designate;
7.6.7.
Public Information Officers or designate;
7.6.8.
Public Works Directors or designates;
7.6.9.
School Board trustees, area school division or designate;
7.6.10. Representative(s) from adjacent municipalities which have entered into
the Regional Emergency Management Agency;
7.6.11. Representative(s) from an Alberta Ministry;
7.6.12. Representative(s) from local businesses;
7.6.13. Representative(s) from local industry or industrial associations;
7.6.14. Representative(s) from local utility companies and coops;
7.6.15. Anyone else who might be useful in preparing or implementing the
Regional Emergency Plan.
8. REGIONAL EMERGENCY MANAGEMENT AGENCIES RESPONSIBILITIES
The Regional Emergency Management Agency shall:
8.1.
To report on its activities at each Regional Emergency Management Advisory
Committee meeting and to include any observations from the Agency's review of
the emergency plan;
8.2.
To produce an annual report for presentation to all of the Council and the public;
8.3.
To represent all municipalities identified in this Bylaw.
9. DIRECTOR OF EMERGENCY MANAGEMENT
9.1.
The Director of Emergency Management, on behalf of the Emergency Management
Agency, shall:
9.1.1.
Prepare, review and coordinate the Regional Emergency Plan and related plans
and programs for the Village of Donalda in accordance with the Act;
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9.1.2.
Act as director of the Emergency Coordination Centre or Incident Command
Post, or ensure that someone is designated under the Regional Emergency Plan
to so act on behalf of the Regional Emergency Management Agency;
9.1.3.
Coordinate all emergency services and other resources used in an emergency
and
9.1.4.
Ensure that someone is designated to discharge the responsibilities specified in
Sections 9.1.1., 9.1.2. and 9.1.3. above.
10. FEES
10.1. As a member of the Regional Emergency Management Agency, the Village of
Donalda is responsible for contributing to the current expenditures of the Board,
Regional Director of Emergency Management, Deputy Director of Emergency
Management, and regional exercise and training on an annual basis as per the
Stettler Regional Emergency Management Partnership Agreement Schedule "B."
Such fees are reflected in Schedule "A" of this Bylaw.
11. STATE OF LOCAL EMERGENCY
11.1. In the event of an Emergency entirely within the boundaries of, or only affecting,
the Village of Donalda, the authority and powers to declare or renew a state of local
emergency under the Act, the authority and powers specified in Section 10.7 of this
Bylaw, is hereby delegated to a committee of the Village of Donalda comprised of
the Reeve/Mayor and one (1) other Member of Council, or in their absence, a
combination of any two (2) Members of Council. This Committee may, when
satisfied that an emergency exists or may exist, declare a state of local emergency
by resolution.
11.2. In the event of an Emergency within or affecting more than one municipality within
the Stettler Emergency Management Region, the authority and power to declare or
renew a state of local emergency under the Act; the authority and powers specified
in Section 10.4 of this Bylaw; and the requirement specified in Section 10.7 of this
Bylaw are hereby delegated to a committee of two (2) Elected Officials within the
region's municipalities, and strive first to have those members be from the affected
municipalities, if at all possible. This Committee may, at any time when it is satisfied
that an emergency exists or may exist, by resolution, make a declaration of a state
of local emergency for the entire area affected. This resolution should be made by
at least one member or alternate from each municipality affected whenever
possible.
11.3. When a state of local emergency is declared, the person or persons making the
declaration shall:
11.3.1. Ensure that the declaration identifies the nature of the emergency and
the area in which it exists;
11.3.2. 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 and
11.3.3. Forward a copy of the declaration to the Minister forthwith.
11.4. When a state of local emergency is declared, the Regional Emergency Management
Agency may:
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11.4.1. Cause the Regional Emergency Plan or any related plans or programs to
be put into operation;
11.4.2. acquire or utilize any real or personal property considered necessary to
prevent, combat or alleviate the effects of an emergency or disaster;
11.4.3. authorize or require any qualified person to render aid of a type the
person is qualified to provide;
11.4.4. control or prohibit travel to or from any area of the Village of Donalda;
11.4.5. 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 of
Donalda;
11.4.6. 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;
11.4.7. cause the demolition or removal of any trees, structures, or crops if the
demolition or removal is necessary or appropriate to reach the scene of a
disaster, or to attempt to forestall its occurrence or to combat its
progress;
11.4.8. 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 of Donalda for the duration of
the state of local emergency;
11.4.9. authorize the conscription of persons needed to meet an emergency and
11.4.10. authorize any person at any time to exercise, in the operation of the
Regional Emergency Plan and related plans or programs, any power
specified in sub-paragraphs (10.4.2.) through (10.4.10.) of this Section in
relation to any part of the municipality affected by a declaration of a
state of local emergency, including as part of a Regional Emergency
affecting more than one municipality for which a declaration of state of
local emergency was made under section 10.1 or 10.2 hereof.
11.5. In accordance with Section 28 of the Act, no action lies against a local authority or a
person acting under the local authority's direction or authorization for anything
done or omitted to be done in good faith while carrying out a power of duty under
this Act or the regulations during a state of local emergency.
11.6. In accordance with Section 532(2) of the Municipal Government Act, R.S.A 2000,
c.M-26, councillors, council committee members, municipal officers and volunteer
workers are not liable for loss or damage caused by anything said or done or
omitted to be done in good faith in the performance or intended performance of
their functions, duties or powers under the Municipal Government Act or any other
enactment.
11.7. When, in the opinion of the Local Authority who have a declaration of a state of
local emergency, an emergency no longer exists in relation to which the declaration
was made, the person or persons who made the declaration shall, by resolution,
terminate the declaration.
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11.8. A declaration of a state of local emergency is considered terminated and ceases to
be of any force or effect when:
11.8.1. A resolution is passed under Section 10.7;
11.8.2. a period of seven days has lapsed since it was declared unless it is
renewed by resolution;
11.8.3. the Lieutenant Governor in Council makes an order for a state of local
emergency under the Act, relating to the same area, which specifically
cancels a state of local emergency or
11.8.4. the Minister cancels the state of local emergency.
11.9. 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 affected area population.
12. MUTUAL AID, POLICIES, LEGAL
12.1. The Emergency Management Advisory Committee is delegated the authority to
enter into an Emergency Management Mutual Aid Agreement with another regional
group or single municipality.
12.2. The Emergency Management Advisory Committee is delegated the authority to
create policies relating to emergency preparedness, mitigation, response, recovery
and the effective and efficient operation of the Regional Emergency Management
Agency.
12.3. Should any provision of this Bylaw become invalid, void, illegal or otherwise not
enforceable, it shall be considered separate and severable from the Bylaw. The
remainder shall remain in force and be binding as though such provision had not
been invalid.
12.4. This Bylaw shall come into force and take effect on the day of third and final reading
thereof.
13. COUNCILLOR AND EMPLOYEE TRAINING
13.1. Councillors shall complete any courses prescribed by the Alberta Emergency
Management Agency in accordance with the Act.
13.2. Any employee of the Village of Donalda who has been assigned responsibilities
respecting the implementation of the Emergency Management Plan shall complete
any courses prescribed by the Alberta Emergency Management Agency in
accordance with the Act.
14. REPEAL
14.1. Bylaw No. 753-22 and all amendments thereto are hereby rescinded.
READ A FIRST TIME THIS 17th day of October 2023 A.D.
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READ A SECOND TIME THIS 17th day of October 2023 A.D.
Unanimous consent for a third and final reading was given this 17th day of October 2023 A.D.
READ A THIRD TIME THIS 17th day of October 2023 A.D.
DATED THIS 17th day of October 2023 A.D.
________Signature on File_____________
Mayor
________Signature on File_____________
Chief Administrative Officer
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SCHEDULE "A"
The charges and fees set out in Schedule "A" to this Bylaw are payable by the person registered
as the fee simple owner of every premises within the Village of Donalda.
These charges and fees shall form a charge on the premises and may be recovered in the same
manner and by the same means as overdue taxes.
The charges and fees are payable whether or not:
a) The premises are occupied; or
b) any occupant of the premises makes use of the service provided for in this Bylaw.
Emergency Management Services
$2.82/month