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VILLAGE OF VETERAN
BYLAW NO. 546-20
REGIONAL EMERGENCY MANAGEMENT BYLAW
___________________________________________________________________
A Bylaw to Establish a Regional Emergency Management Advisory Committee, and Regional
Emergency Management Agency
WHEREAS:
A.
The Village of Veteran is responsible for the direction and control of its emergency response and
is required under the Emergency Management Act, Chapter E-6.8, RSA 2000, to appoint a
Director of Emergency Management (DEM), an Emergency Management Advisory Committee
and a Municipal Emergency Management Agency.
B.
It is desirable in the public interest, and in the interests of public safety, that such a committee be
appointed, such an agency be established and maintained to carry out Council's statutory powers
and obligations under the said Emergency Management Act.
C.
It is desirable in the public interest, and in the interests of broader public safety, that a
collaborative approach to complex incidents impacting two or more communities, through a
robust regional emergency management group be formed to develop and sustain a regional
emergency management plan and corresponding programs.
D.
Special Area No. 2, Special Area No. 3, Special Area No. 4, Municipal District of Acadia #34,
Town of Hanna, Town of Oyen, Village of Cereal, Village of Consort, Village of Empress,
Village of Veteran, and the Village of Youngstown will establish a Regional Emergency
Management Committee and a Regional Emergency Management Agency.
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE VILLAGE OF VETERAN,
IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1.
This Bylaw shall be called the "Regional Emergency Management Bylaw".
2.
In this Bylaw the following words and terms shall have the following meanings:
a)
"Act" means the Emergency Management Act, RSA 2000, Chapter E-6.8;
b)
"Authority Having Jurisdiction" (AHJ) means an organization, office or individual
responsible for enforcing the requirements of a code or standard, or for approving
equipment, materials, an installation or a procedure.
c)
"Council" means the Council of the Village of Veteran;
d)
"Deputy Director of Emergency Management" (DDEM) means the person responsible
for the duties of the Director of Emergency Management in their absence;
e)
"Director of Emergency Management" (DEM) means the person appointed by resolution
of Council as a credentialed individual or "Chief Administrative Officer" (CAO) who shall
be responsible for the municipality's Emergency Management Program;
f)
"Disaster" means an event that results in serious harm to the safety, health or welfare of
people, or in widespread damage to property or the environment;
g)
"Emergency" means an event that requires prompt coordination of action or special
regulation of persons or property to protect the safety, health or welfare of people or to
limit damage to property or the environment;
h)
"Emergency Operations Centre" (EOC) means the location that functions as a point of
operations and / or coordination, addressing the emergent needs of a municipality
exercising the authority of the local officials;
i)
"Evacuation Order" means the order to evacuate persons, the removal of livestock and
personal property from an identified area during a state of local emergency or state of
emergency;
j)
"Local Authority" means, where a municipality has a council within the meaning of the
Municipal Government Act, Chapter M-26, RSA 2000;
k)
"Minister" means the Minister charged with administration of the Act;
l)
"Municipality" or Municipalities" means one (1) or more of the Parties;
m)
"Parties" means Special Area No. 2, 3, & 4, Municipal District of Acadia #34, Towns of
Hanna, Oyen and Villages of Consort, Empress, Veteran, Cereal and Youngstown;
n)
"Regional Emergency" means an incident / event that requires prompt coordination of
action or special regulation of persons or property to protect the safety, health or welfare of
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Village of Veteran
Regional Emergency Management Bylaw #546-20
Page 2 of 6
people or to limit damage to property or the environment where two or more communities
within the region are impacted by the same incident or event;
o)
"Regional Emergency Management Agency" (the Regional Agency) is comprised of
DEM's / DDEM's and operational leadership or delegate from the Regional Emergency
Management Partnership as established by Agreement between and the bylaws of the
respective municipal councils of the Parties; and
p)
"Regional Emergency Management Advisory Committee" (the Regional Advisory
Committee) is comprised of elected officials or delegate from the Regional Emergency
Management Partnership as established by agreement between and the bylaws of the
Parties.
q)
"Regional Emergency Management Plan" (Hereinafter referred to as "The Regional
Plan") means the comprehensive plan prepared by the Regional Agency and The Regional
Advisory Committee designed to meet the requirements of the Emergency Management Act
and Local Emergency Management Regulation (LEMR);
r)
"Regional Emergency Management Partnership" represents a formal agreement
between the Parties to establish a Regional Emergency Management Plan and Programs,
Regional Emergency Management Advisory Committee, Regional Emergency
Management Agency which are distinct from a silo Municipal Emergency Management
Plan and Programs, Municipal Emergency Management Agency and Municipal Emergency
Management Advisory Committee as established by agreement between and the bylaws of
the respective municipal councils of the Parties;
s)
"Regional Emergency Operations Center" (REOC) means the location that functions as
a point of operations and / or coordination, addressing the emergent needs of a regional
emergency that exercises the authority of the Regional Advisory Committee and Regional
Agency.
3.
Council agrees through this bylaw, to establish the Regional Emergency Management
Advisory Committee (hereinafter referred to as "The Regional Advisory Committee") to
advise Council on the ongoing development of The Regional Plan and Programs.
4.
Therefore, the Regional Advisory Committee shall:
a)
consist of municipal Councillors or their delegate(s) appointed by each of the
Parties, with each municipality appointing one (1) primary member, each of whom
shall have one (1) vote regarding any matter coming before the Regional Advisory
Committee. A committee chair will be selected from the Regional Advisory
Committee membership;
b)
each municipality shall also appoint one (1) alternate member to the Regional
Advisory Committee who shall be permitted to vote in the absence or in place of the
primary member;
c)
advise on the development of emergency management plan and programs to address
potential emergencies or disasters in the Village of Veteran and the Special Areas
Region;
d)
advise Council on the status of The Regional Plan and programs a minimum of
once each year;
e)
meet a minimum of twice a year to maintain understanding of The Regional Plan
and build on regional EOC and ICS competencies and shall have the option of
calling special meetings (virtual where necessary) on an as needed basis. Regular
meetings will be called by the Regional Advisory Committee Chair and provide
fourteen (14) days advance notice to all Regional Advisory Committee members. In
the event of a pending or imminent emergency, no notice shall be required to call a
special meeting of the Regional Advisory Committee. When requested by the
Regional Advisory Committee Chair, the DEM of any municipality or their
alternate and the Special Areas and Region staff shall attend. All Regional Advisory
Committee members shall be prepared and present at all meetings despite no notice
having been provided;
f)
be responsible for the development and dissemination of the meeting agenda. This
responsibility may rotate among the parties for all regular meetings of the Regional
Advisory Committee and shall be distributed to all members a minimum of one (1)
week prior to the scheduled date of the meeting.
g)
ensure that the minutes of each Regional Advisory Committee meeting are kept and
circulated to ensure there are no errors or omissions within fourteen (14) days of the
meeting and response to request for review of those minutes within seven (7) days
via email;
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Village of Veteran
Regional Emergency Management Bylaw #546-20
Page 3 of 6
h)
have the authority to alter, establish and implement rules to govern the conduct of
their meetings from time to time, subject to the approval of the majority of the
Regional Advisory Committee members; for regular meetings and business. Five
(5) Committee members shall constitute a quorum of the Regional Advisory
Committee. A motion submitted by a committee member may only be passed by an
affirmative vote of the majority of the members voting on the motion. Meetings
may be held using a conference telephone or similar communications equipment
such as email, instant messaging so long as all members participating in such
meeting can communicate with one another at the time of such meeting.
Participation in such a meeting constitutes presence-in-person at such meeting.
5.
Outside of an Emergency or Disaster the purpose of The Regional Advisory Committee
is to:
a)
advise on the development of The Regional Plan and programs;
b)
advise respective Parties annually on matters & concerns pertaining The Regional
Plan and programs;
c)
review and track The Regional Plans' programs progress annually;
d)
establish The Regional Plans' programs priorities and where necessary
corresponding budget;
e)
complete Emergency Advisory Committee (EAC), Emergency Operations Center
(EOC) and Incident Command System (ICS) training and Scenario based Exercises
per The Regional Plan;
f)
consolidate current Mutual Aid Agreements to be replaced with a Regional
Resource Sharing Mutual-Aid agreement designed to better understand local
resource composition, deployment capacity and availability to aid in stabilizing
emergencies; and
g)
provide guidance and support to the Regional Agency.
6.
During an Emergency or Disaster, the purpose of the Regional Advisory Committee is to:
a)
support the initial DEM, DDEM or alternate in the management of the emergency
response and provide strategic direction as required;
b)
in accordance with Section 17 declare, renew, or terminate a state of local
emergency;
c)
in consultation and coordination with the REOC through the DEM, DDEM or
alternate, Regional Advisory Committee members may be requested to:
i.
assist with keeping the community informed using established key
messages;
ii.
serve as a spokesperson if required;
iii.
engage with other levels of government for financial and resource support;
iv.
provide briefings to other levels of government; and
v.
authorize major expenditures as required.
7.
Council delegates the following powers and duties to the Regional Advisory Committee:
a)
advise on the ongoing development of The Regional Plan and success of the
community awareness and ongoing ICS training and scenario-based emergency
management exercise programs;
b)
in accordance with section 17 of this bylaw, when two or more communities are
impacted by the same incident, declare, renew, or terminate a state of local
emergency for part or all of the Region;
c)
set Regional Emergency Management priorities and corresponding budget;
d)
enter into and sustain emergency management agreements with other regional
groups or municipality(s). The decision for the Regional Advisory Committee to
enter into such an agreement to be made by majority vote of all Parties; and
e)
create policies relating to the emergency preparedness, mitigation, response,
recovery, the business continuity, and emergency social services of the Special
Areas Region and the Agency.
8.
Council's authority includes:
a)
declare, renew or terminate a state of local emergency for an emergency occurring
entirely within the boundaries of its municipality and only impacting that
municipality;
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Village of Veteran
Regional Emergency Management Bylaw #546-20
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b)
create plans or programs to address mitigation, business continuity, long term
recovery, and to address hazards specific vulnerabilities within their community
which complements the goal of life safety identified within the The Regional Plan.
c)
approve The Regional Plan and Program funding formula; and
d)
approve this Bylaw.
9.
Each Municipal Council shall:
a)
by resolution, appoint one (1) of its members or delegate to serve on the Regional
Advisory Committee and at least one (1) member or delegate as an alternate;
b)
provide for the payment of expenses of its representative of the Regional Advisory
Committee.
10.
Each Municipal Council may:
a)
by bylaw that is not advertised, borrow, levy, appropriate, and expend all sums
required for its share of the operation of Regional Emergency Management Agency
(the Agency); 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.
11.
Each Municipal Council agrees, through this bylaw, to establish the Regional Agency to
act as the agent of Council to carry out its statutory powers and obligation under the
Emergency Management Act. This does not include the power to declare, renew or
terminate a state of local emergency.
12.
"The Regional Agency" shall be comprised of the following persons:
a)
DEM of each municipality which is a Party to this Bylaw;
b)
DDEM of each municipality which is a Party to this Bylaw; and
c)
any credentialed individual the Agency deems appropriate.
13.
"The Regional Agency" shall:
a)
approve and administer The Regional Plan and programs for the region, excluding
municipal specific hazard plans, prevention/mitigation, business continuity planning
and long-term recovery;
b)
review The Regional Plan and programs a minimum of twice a year;
c)
act as the appointed agent in exercising the authority having jurisdiction (AHJ)
powers and duties under the Act;
d)
act as The Regional Agency for the Special Areas Region and will carry out the
duties on behalf of the Parties for greater certainty;
e)
coordinate and track all resources used in a Regional Emergency;
f)
ensure that one of the DEMs, DDEMs or alternate is designated to discharge the
responsibilities of the Agency;
g)
use the Incident Command System (ICS) in the Incident Command Post (ICP),
Regional Emergency Operation Center (REOC), for command and control;
h)
be responsible for reporting back to their respective municipal councils to ensure
that effective communications and transparency is maintained; and
i)
ensure meetings are held face to face or through the use of a conference telephone
or similar communications equipment such as email, instant messaging so long as
all members participating in such meeting can communicate with one another at the
time of such meeting. Participation in such a meeting constitutes presence in-person
at such meeting.
14.
The designation of a DEM to act on behalf of the Regional Agency shall be guided by the
following:
a)
upon REOC activation by a DEM, DDEM or alternate that are members of the
Regional Agency; that individual may continue to serve as DEM for the incident.
When deemed appropriate, the DEM, DDEM or alternate from the impacted
municipality may transfer command to any of the Parties DEMs / DDEMs to fill that
role;
b)
the first notified DEM, DDEM or alternate to the REOC will serve as DEM for the
incident. As other DEMs, DDEMs or alternates arrive at the REOC, they will jointly
decide who will take the lead role. DEM, DDEMs and alternates from the Regional
Agency may rotate through the role of DEM for the REOC; and
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Village of Veteran
Regional Emergency Management Bylaw #546-20
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c)
if required, the DEM or DDEM may appoint an alternate to discharge the duties of
the Regional Agency.
15.
It is recommended the Parties establish a Regional Emergency Management Coordinator
to assist with maintaining / updating, scheduling, and participating in: Hazard
Identification Risk Assessments, Municipal Emergency Management Plans, The
Regional Plan, REOC functionality (including all necessary materials for efficient
Incident Management Team conduct) and interoperability, as well as continuous learning
activities related to roles and responsibilities in the REOC, Regional Advisory
Committee, ICP and ICS Positions, as well as Table-Top, Functional and Full Scale
Exercises.
16.
Funding related to Regional Emergency Management Coordinator position will be
outlined in a separate agreement by all Parties.
State of Local Emergency
17.
Per EMA - 21(1) A local authority may, at any time when it is satisfied that an emergency
exists or may exist in its municipality, by resolution or, in the case of the Minister
responsible for the Municipal Government Act, the Minister responsible for the Special
Areas Act or a park superintendent of a national park, by order, make a declaration of a
state of local emergency relating to all or any part of the municipality.
18.
In the event of an Emergency entirely within the boundaries of and only affecting the
Village of Veteran, the authority and powers to declare, renew or terminate a state of
local emergency under the Act, the authority and powers specified in Section 22 of this
Bylaw, and the requirement specified in Section 20 of this Bylaw are hereby delegated to
a local municipal committee comprised of the Mayor/CAO/SAB Chair or any two (2)
Councillors or their delegate(s). This municipal 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.
19.
In the event of an Emergency entirely within the boundaries of and affecting only the
Village of Veteran and the local municipal emergency advisory committee cannot be
reached or in the event of an emergency impacting more than one (1) municipality within
the Region, the authority and power to declare, renew or terminate a state of local
emergency under the Act; the authority and powers specified in Section 22 of this Bylaw;
and the requirements specified in Section 20 of this Bylaw are hereby delegated to any
two (2) or more members of the Regional Advisory Committee. The Regional Advisory
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.
Whenever possible this resolution should be made by at least one (1) member or alternate
from each municipality affected.
20.
When a state of local emergency is declared, the Local Authority or the Regional
Advisory Committee making the declaration shall:
a)
ensure that the declaration identifies the nature of the Emergency and the area(s) 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)
subject to the Act, the declaration of a state of local emergency must be renewed
every seven (7) days until the Emergency has passed; and
d)
forward a copy of the declaration to the Minister forthwith.
21.
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 20 of this Bylaw;
b)
a period of seven (7) 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" for
the same area; or
d)
the Minister cancels the sate of local emergency for the affected area.
22.
When, in the opinion of the Local Authority in which the state of local emergency was
declared, or the Regional Advisory Committee, as the case may be, an emergency no
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Village of Veteran
Regional Emergency Management Bylaw #546-20
Page 6 of 6
longer exists, the Local Authority or the Regional Advisory Committee shall, by
resolution, terminate the declaration.
23.
When a declaration of a state of local emergency has been terminated by resolution or
lapse of time or cancelled by the Minister, the Local Authority or the Regional Advisory
Committee 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.
24.
Subject to Section 20 of this Bylaw, when a Local Authority or the Regional Advisory
Committee has declared a state of local emergency, the Regional Agency may at any
time, in accordance with the Act, for the duration of that state of local emergency, do all
acts and take all necessary proceedings in the area(s) under a state of local emergency in
accordance with Section 24 of the Act.
25.
In accordance with Section 19.1 of the Act, if an Evacuation Order is made, every person
within the area that is the subject of the Evacuation Order must leave:
a)
immediately; or
b)
if a deadline for evacuation is specified in the Evacuation Order, by the deadline.
26.
Section 25 of this Bylaw does not apply to a person acting under the direction of a person
exercising powers under Section 24 of this Bylaw, as long as there is a plan for safely
evacuating that person in a timely manner and the means are available to carry out the
plan.
27.
In accordance with Section 28 of the Act, no action lies against a Local Authority or
person acting under the Local Authority's direction or authorization for anything done or
omitted to be done in good faith while carry out a power or duty under this Act or in the
regulations during a state of local emergency.
28.
In accordance with Section 535(1) of the Municipal Government Act, 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.
29.
Should any provisions of this Bylaw become invalid, void, illegal or otherwise not
enforceable, it shall be considered separate and severable from the bylaw and the
remainder shall remain in force and be binding as though such provision had not been
invalid.
30.
This Bylaw shall take effect on the third and final reading.
READ a first time this day of , 2020.
READ a second time this day of , 2020.
READ a third time and finally passed this day of , 2020.
____________________________
______________________________
Mayor
CAO