Emergency Management Bylaw 2021/02

Rocky Mountain House, Alberta

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CONSOLIDATED VERSION OF TOWN OF ROCKY MOUNTAIN HOUSE BYLAW NO. 2021/02 As Amended By: Bylaw 2025/05 BEING A BYLAW OF THE TOWN OF ROCKY MOUNTAIN HOUSE IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF ESTABLISHING AN MUNICIPAL EMERGENCY AGENCY AND ADVISORY COMMITTEE WHEREAS, pursuant to the Emergency Management Act, R.S.A. 2000, c. E-6.8, the Town of Rocky Mountain House Council is responsible for the direction and control of the Town of Rocky Mountain House's response in the event of a major emergency; AND WHEREAS, pursuant to section 11 of the Emergency Management Act, the Town of Rocky Mountain House Council is required to appoint a committee to advise on the development of emergency plans and programs; AND WHEREAS, pursuant to section 11 of the Emergency Management Act, the Town of Rocky Mountain House Council is required to establish and maintain a Municipal Emergency Management Agency to act as the agent of the Town of Rocky Mountain House Council to carry out its statutory powers and obligations under the Act; WHEREAS, pursuant to section 11 of the Emergency Management Act, the Town of Rocky Mountain House Council may delegate any of its powers and duties under the Act to a committee composed of a member or members of Council; WHEREAS, pursuant to section 145 of the Municipal Government Act, RSA 2000, c M-26, Council may pass bylaws in relation to the establishment and functions of, and procedures to be followed by, council committees established by Town Council; AND WHEREAS, pursuant to section 145 of the Municipal Government Act, RSA 2000, c M- 26, Council may pass bylaws in relation to the establishment and functions of, and procedures to be followed by council committees established by Council; NOW THEREFORE, the Town of Rocky Mountain House Council enacts as follows: i. This Bylaw may be cited as the "Emergency Management Bylaw". ii. Where the provisions of this Bylaw conflict with the provision of any other Bylaw of the Town of Rocky Mountain House, this Bylaw shall prevail. SECTION 1.0 - DEFINITIONS In this bylaw, unless the context otherwise requires: The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change to this bylaw. TRMH Emergency Management Bylaw 2021/02 Page 2 of 7 1.1 "Act" means the Emergency Management Act, Chapter E-6.8, Revised Statutes of Alberta 2000, as amended; 1.2 "Agency" means the Town of Rocky Mountain House Municipal Emergency Management Agency established under this bylaw; 1.3 "Committee" means the Emergency Advisory Committee established under this bylaw; 1.4 "Council" means the Council of the Town of Rocky Mountain House; 1.5 "Director" means the person appointed Director of the Municipal Emergency Management Agency under this bylaw; 1.6 "Disaster" means an event that has resulted or may result in serious harm to the safety, health or welfare or people, or in widespread damage to property; 1.7 "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; 1.8 "Minister" means the Minister charged with the administration of the Act; 1.9 "Municipal Emergency Management Plan" means the emergency plan prepared by the Director of the Municipal Emergency Management Agency to coordinate response to an Emergency or Disaster. Number and Gender References - All references in this Bylaw will be read with such changes in number and gender as may be appropriate according to whether the reference is to a male or female person, or a corporation or partnership. SECTION 2.0 - EMERGENCY ADVISORY COMMITTEE 2.1 Establishment a) This bylaw hereby establishes an Emergency Advisory Committee, to advise Council on the development of emergency plans and programs. b) The Committee shall consist of 3 members of Council, one who shall be the Mayor. c) The Mayor shall be the Chair of the Emergency Advisory Committee. d) In the Mayor's absence, the Vice Chair shall sit as the Chair. e) The Vice Chair shall be appointed at the Town's Organizational Meeting each year. f) Quorum shall consist of two members of the Emergency Advisory Committee. 2.2 Responsibilities and Duties Council a) Council shall: i. by resolution, appoint annually at the Organization Meeting of Council, three of its members to serve on the Municipal Emergency Advisory Committee, one of which shall be the Mayor; ii. provide for the payment of expenses of the members of the Municipal Emergency Advisory Committee; iii. by resolution, on the recommendation of the Emergency Advisory Committee, appoint Director(s) of Emergency Management and a Deputy The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change to this bylaw. TRMH Emergency Management Bylaw 2021/02 Page 3 of 7 Director of Emergency Management who shall perform those duties required of the Director of Emergency Management in that person's absence; (Bylaw 2025/05, March 20, 2025) iv. ensure that emergency plans and programs are prepared to address potential emergencies or disaster in the Town of Rocky Mountain House; v. delegate the authority to approve the Town of Rocky Mountain House's emergency plans and programs to the Emergency Advisory Committee. (Bylaw 2025/05, March 20, 2025) vi. removed. (Bylaw 2025/05, March 20, 2025) b) Council may: i. by bylaw that is not advertised, borrow, levy, appropriate and expend, all sums required for the operation of the Municipal Emergency Advisory Committee; and ii. 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. 2.3 Responsibilities and Duties of the Committee a) The Committee shall: i. meet a minimum of once per year; ii. review the Municipal Emergency Management Plan and related plans and programs at least once per year; iii. advise Council, duly assembled, on the status of the Municipal Emergency Plan and related plans and programs; iv. removed; (Bylaw 2025/05, March 20, 2025) v. provide guidance and direction to the Town's Municipal Emergency Management Agency. SECTION 3.0 - MUNICPAL EMERGENCY MANAGEMENT AGENCY 3.1 Establishment a) The Municipal Emergency Management 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. 3.2 Members of Agency a) The Municipal Emergency Management Agency will consist of the: i. Chief Administrative Officer ii. Director of Emergency Management or Designate; iii. Director of Engineering and Operations; The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change to this bylaw. TRMH Emergency Management Bylaw 2021/02 Page 4 of 7 iv. Director of Planning and Community Development; v. Director of Recreation and Community Service; vi. Director of Corporate Services; vii. Legislative Coordinator or Designate; viii. Communications Coordinator; ix. Manager of Family and Community Support Services; and x. Health and Safety Admin. b) In addition to the members appointed under Subsection 3.2 other organizations may be invited by the Director to nominate representatives to serve as members of the Agency, including: i. the N.C.O in Charge, R.C.M.P., or designate; ii. Clearwater Regional Fire and Rescue Services Fire Chief; iii. the Emergency Medical Services Manager or designate; iv. Alberta Health Services; v. Utility companies; vi. Industry/Business Stakeholders; vii. Service organizations; and viii. any other agency or organization that, in the opinion of the Director, may assist in the preparation or implementation of the Municipal Emergency Plan. 3.3 Duties of The Director a) The Director of Emergency Management shall: i. be the Chair of the Municipal Emergency Management Agency; ii. prepare and co-ordinate the Municipal Emergency Plan and related plans and programs for the Town of Rocky Mountain House; iii. act as director of emergency operations, or ensure that someone is designated under the Municipal Emergency Plan to so act, on behalf of the Municipal Emergency Management Agency; iv. co-ordinate all emergency services and other resources used in an emergency or disaster; or ensure that someone is designated to discharge the responsibilities specified in paragraphs i, ii, and iii; v. meet with the Committee at least annually to discuss the municipal emergency management plans and programs. 3.4 Responsibilities and Duties of the Agency a) The Municipal Emergency Management Agency shall: i. be responsible for the administration of the Town of Rocky Mountain The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change to this bylaw. TRMH Emergency Management Bylaw 2021/02 Page 5 of 7 House's Municipal Emergency Management Plan and Programs; ii. report to the Emergency Advisory Committee to provide updates on Agency activities, at least once per year and must include an update on the Agency's review of the Town's Emergency Plans and Programs; iii. use the Incident Command System for the command, control and coordination for all Emergencies or Disasters affecting the Town of Rocky Mountain House; and iv. establish an exercise plan and training schedule for the Incident Management Team (IMT) members, that will include dates for same. SECTION 4.0 - STATE OF LOCAL EMERGENCY 4.1 Declaration of A State of Local Emergency a) The power to declare or renew a state of local emergency under the Act, the powers specified in Section 5.0 of this bylaw, and the requirements specified in Section 6.0 of this bylaw, are hereby delegated to the Mayor, or in their absence the Deputy Mayor alone, or in their absence, two members of Council. The Mayor, Deputy Mayor or two Councillors as the case may be, at any time when it is satisfied that an emergency exists or may exist, by resolution, may make a declaration of a State of Local Emergency. b) When a State of Local Emergency is declared, the person or persons making the declaration shall: i. ensure that the declaration identifies the nature of the emergency and the area of the Town in which it exists; ii. 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 iii. forward a copy of the declaration to the Minister forthwith. SECTION 5.0 - EXTRAORDINARY EMERGENCY POWERS 5.1 When a State of Local Emergency is declared, the Agency may, for the duration of the State of Local Emergency, do all acts and take all necessary proceedings including the following: a) put into operation an emergency plan or program, 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 he or she is qualified to provide; d) control or prohibit travel to or from any area of the Town of Rocky Mountain House; 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 Town of Rocky Mountain House; The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change to this bylaw. TRMH Emergency Management Bylaw 2021/02 Page 6 of 7 f) order the evacuation of persons and the removal of livestock and personal property from any area of the Town of Rocky Mountain House that is or maybe 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 Town of Rocky Mountain House 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 an emergency plan or program, any power given to the Minister under section 19(1) of the Act in relation to any part of the municipality affected by a declaration of a state of local emergency. SECTION 6.0 - TERMINATION OF A STATE OF LOCAL EMERGENCY 6.1 When, in the opinion of the Mayor, Deputy Mayor or two Councillors as the case may be, declaring the State of Local Emergency, an Emergency no longer exists in relation to which the declaration was made, they shall, by resolution, terminate the declaration. 6.2 A declaration of a state of local emergency is considered terminated and ceases to be of any force or effect when: a) a resolution is passed under Section 6.1 b) a period of seven days has lapsed since it was declared, unless it is 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 Local Emergency. 6.3 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 population of the area affected. SECTION 7.0 - SEVERABILITY 7.1 Should any provision of this Bylaw be invalid, then such invalid provision shall be severed, and the remaining Bylaw shall be maintained. SECTION 8.0 - REPEAL 8.1 Bylaw 2020/05 Emergency Management Bylaw, and any amendments are hereby repealed. SECTION 9.0 - EFFECTIVE DATE The text shown in parentheses in various locations throughout this document identifies the corresponding amending bylaw which authorized the change to this bylaw. TRMH Emergency Management Bylaw 2021/02 Page 7 of 7 9.1 This Bylaw shall take full force and effect upon third and final reading. READ a first time this 20th day of July, 2021. READ a second time this 20th day of July, 2021. Unanimous consent for third reading this 20th day of July, 2021. Read a third time and passed this 20th day of July, 2021. Signed by Mayor and CAO this 22nd day of July, 2021. ___________________________ Mayor Tammy Burke __________________________ Dean Krause, CAO