This is the exact embedded text of the captured official document.
Snapshot b4f3b3b7c6e1 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BY-LAW NO. 1161110
A BY-LAW OF THE TOWN OF HARDISTY
INTHE PROVINCE OF ALBERTA
"MUNICIPALEMERGENCY MANAGEMENTBYLAW"
WHEREAS the Council of the Town of Hardisty is responsible for the direction and control of its emergency
response and is required, under the Emergency Management Act, Chapter E-6.8, Revised Statutes of Alberta
2000 (current as of June 19, 2007), to appoint an Emergency Management Committee and to establish and
maintain a MunicipalEmergency 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 Counci|'s
statutory powers and
obligations under the said Emergency Management Act;
NOW, THEREFORE, THE COUNCIL OF THE TOWN OF HARDISTY, DULY ASSEMBLED, ENACTS AS
FOLLOWS:
ll
lll
1.
This By-lawmay be cited as the MunicipalEmergency Management By-law.
2.
Inthis By-law,
(a)
"Act"means the Emergency Management Act, Chapter E-6.8, Revised Statutes of Alberta2000;
(b)
"Council"means the Council of the Town of Hardisty;
(c)
"disaster" means an event that has resulted or may result in serious harm to the safety, health or
welfare of people, or inwidespread damage to property;
(d)
"Emergency Management Committee" means the committee established under this By-law;
(e)
"emergency" means a present or imminent event that requires prompt co-ordination of action or
special regulation of persons or property to protect the health, safety or welfare of people or to limit
damage to property;
,
l
(f)
"Ministe|"'
means the Ministercharged withadministrationof the Act;
I
(g)
"MunicipalEmergency Management Agency" means the agency established under this By-law;and
(h)
"Municipal Emergency Plan" means the emergency
plan prepared by the Director of Emergency
Management to co-ordinate response to an emergency or disaster.
3.
There
is hereby established
an
Emergency
Management
Committee
to advise Council on the
development of emergency plans and programs.
I
4.
There is hereby established a MunicipalEmergency Management Agency 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 powers contained in Section 12 of this
By-law.
Council shall
(a)
by resolution, appoint Two of its members to serve on the Emergency Management Committee;
(b)
Councilwishes to appoint the Mayor as one of the members.
(c)
provide for the payment of expenses of the members of the Emergency Management Committee;
(d)
by resolution, on the recommendation of the Emergency Management Committee, appoint a Director
of Emergency Management
and a Deputy Directorof Emergency Management who shall do those
things required of the Directorof Emergency Management in that person's absence;
(e)
ensure that emergency plans and programs are prepared to address potential emergencies
or
disasters inthe Town of Hardisty;
(f)
approve the Town of Hardisty's emergency plans and programs; and
(g)
review the status of the Municipal Emergency Plan and related plans and programs at least once
each year.
Council may
(a)
by By-lawborrow, levy, appropriate and expend, withoutthe consent of the electors, allsums required
for the operation of the MunicipalEmergency Management Agency; and
(b)
enter into agreements withand 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.
The Emergency Management Committee shall
(8)
(b)
reviewthe Municipal Emergency Plan and related plans and programs on a regular basis; and
advise Council, duly assembled, on the status of the Municipal Emergency Plan and related plans and
programs at least once each year.
The Municipal Emergency Management Agency shall be comprised of one or more of the following:
(a)
(b)
(C)
(d)
(e)
(f)
the Directorof Emergency Management;
the Deputy Director of Emergency Management;
other administrativestaff member(s) as may be required;
the Police Chief or designate orthe N.C.O. in Charge, R.C.M. Police or designate;
the Fire Chief or designate;
the PublicWorks Foreman or designate;
10.
11.
12.
(g)
the Ambulance Service Manager or designate;
(h)
the Health UnitManager or designate;
(i)
the School Board Chairman or designate;
(j)
the Social Services Manager or designate;
(k)
representative(s) from adjacent communitieswhich have entered into mutual aid agreements;
(I)
representative(s) from local business or business associations (e.g. Chamber of Commerce);
(m)
representative(s) from local industry or industrialassociations; and
(n)
anybody else who might serve a useful purpose inthe preparation or implementation of the Municipal
Emergency Plan.
The Directorof Emergency Management shall
(a)
prepare and co-ordinate the Municipal Emergency Plan and related plans and programs for the Town
of Hardisty;
(b)
act as director of emergency operations, or ensure that someone is designated under the Municipal
Emergency Plan to so act, on behalf ofthe MunicipalEmergency Management Agency; and
(c)
co-ordinate all emergency services and other resources used in an emergency; or
(d)
ensure that someone is designated to discharge the responsibilities speci?ed in paragraphs (a), (b),
and (c).
The power to declare or renew a state of local emergency under the Act, the powers speci?ed in Section
12 of this By-law, and the requirement speci?ed in Section 15 of this By-law, are hereby delegated to a
This
committee may, at any time when it is satis?ed that an emergency exists or may exist, by resolution,
committee comprised of the Mayor, and failing the availability of the Mayor, two Councilors.
make a declarationof a state of localemergency.
When a state of local emergency is declared, the person(s) making the declaration shall
(a)
ensure that the declaration identifies the nature of the emergency and the area of the Town in
which itexists;
(b)
cause the details of the declaration to be published immediately by such means of communication
considered most likelyto notifythe population of the area affected; and
(c)
forward a copy of the declaration to the Ministerforthwith.
Subject to Section 15, when a state of local emergency is declared, the person(s) making the declaration
may
(a)
cause the MunicipalEmergency 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
alleviatethe effects of an emergency or disaster;
l
(c)
authorize or require any quali?ed person to render aid of a type he or she is quali?ed to provide;
(d)
controlor prohibittravel to or from any area of the Town;
(e)
provide for the restoration of essential facilities and the distribution of essential supplies and
provide, maintainand co-ordinate emergency medical, welfare and other essential services in any
part of the Town;
(f)
cause the evacuation of persons and the removal of livestock and personal property from any
area of the Town that is or may be affected by a disaster and make arrangements
for the
adequate care and protection of those persons or livestockand of the personal property;
(g)
authorize the entry into any building or on any land, withoutwarrant, by any person in the course
of implementing an emergency plan or program;
(h)
cause the demolitionor removal of any trees, structures or crops ifthe demolitionor 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 ?x prices for food, clothing, fuel, equipment, medical supplies, or other essential
supplies and the use of any property, services, resources or equipment withinthe Town 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 MunicipalEmergency Plan
and related plans or programs, any power specified in Paragraphs (b) through (j) in relation to any
part of the municipalityaffected by a declaration of a state of localemergency.
13.
When a state of localemergency is declared,
(a)
neither Council nor any member of Council, and
(b)
no person appointed by Council to carry out measures relating to emergencies or disasters,
1
are liablein respect of damage caused through any action taken under this By-law, nor are they subject
to any proceedings by prohibition,certiorari, mandamus or injunction.
14.
Notwithstanding Section 13,
(a)
Council and any member of Council, and
(b)
any person acting under the directionor authorization of Council, is liablefor gross negligence in
carrying out their duties under this By-law.
15.
When, in the opinion of the person(s) declaring the state of local emergency, an emergency no longer
exists in relationto whichthe declaration was made, they shall, by resolution, terminate the declaration.
16.
A declaration of a state of local emergency is considered terminated and ceases
to be of any force or
effect when
(a)
a resolutionis passed under Section 15;
(b)
a period of seven days has lapsed since itwas declared, unless itis renewed by resolution;
(c)
the Lieutenant Governor in Council makes an order for a state of emergency under the Act,
relating to the same area; or
(d)
the Minister cancels the state of localemergency.
17.
When a declaration of a state of local emergency has been terminated, the person(s) who made the
declaration shall cause the details of the termination to be published immediately by such means of
1
communicationconsidered most likelyto notifythe population of the area affected.
18.
This Bylawshall supersede any preexisting Bylawin regards to MunicipalEmergency Management.
This Bylawcomes intoforce on the day itis ?nally passed.
Read a ?rst time this 20"'day of September, A.D.,2010 .
Read a second timethis 20"'day of September, AD., 2010.
Read a third time and ?nally passed this 20"'day of September, A.D.,2010.
TOWN OF HARDISTY
ANITA MILLE , MAYOR
'