This is the exact embedded text of the captured official document.
Snapshot 9b61f79c0e57 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
.-~
T8EC!TY OE CASTLEGAR
BYLAW§28
City of C@stlegar emergency measure§ twlaw.
\ )
WHEREAS the Council must establish and maintain an emergency management organization to
develop and implement emergency plans,
AND WHEREAS the Municipal Council of the City of Castlegar wishes to provide a comprehensive
manag_ement program to prepare for, respond to and recover from emergencies and disasters,
NOW THEREFORE the Municipal Council of the City of Castlegar in open meeting assembled1
enacts as follows:
SECTION t - Citation
I
1.1 This bylaw maY: be known and cited as the "Emergency Measures Bylaw No. 828, 1997".
SECTION 2 - Interpretation
2.1 In this Bylaw,_ unless the context otherwise requires:
a. "Council" means the City of Castlegar Municipal Council.
b. "declaration of a state of local emergency'' means a declaration of Council or the Mayor that
an emergency exists or is imminent in the municipality;
c. "disaster'' means a calamity that:
(l)
is caused by accident. fire. exi;,losion or technical failure or b}( the forces of nature, and
(ii)
has resulted in serious hann to the health, safety or welfare of people, or in widespread
damage to property;
d. "emergency" means a present or imminent event that:
(i).
is caused by accident,_ fire,_ explosion or technical failure or by.the forces of nature,_ and
(ii)
required prompt coordination of action or special regulation of persons or property, to
protect the health, safety or welfare of people or to limit damag~ to property;
e. "City of Castlegar Emergency Coordinator11 means the person appointed by the Council as
head of the City of Castleg~r Emerg~ncy Manag_ement OrganizaJion;
f. "Mayor" means that member of Council who is head and chief executive officer of the
municipality;
g_.
11Municipalify" means all of the area within the boundaries of the Municipality_ of the Citx of
Castlegar.
h. 11City of Castlegar Emerg_ency Management Org~nization" means the Emergency Executive
Committee, Emergency Coordinator and such other persons appointed and functional groups
established and which are charg~d with emerg_ency preparedness, response and recovery
measures.
2.2 This bylaw shall be construed in accordance with the Emergency Prog_ram Act, SBC, 1993,
Chapter 111 and all Regulations made thereunder. In this bylaw, "Act'' means the Emergency
Program Act.
SECTION 3 - Administration
3.1 An Emergency Executive Committee shall be composed of:
a. a Mayor (Committee Chairperson) plus two Councillors
b. the Administrator
c. Emergl:)ncy Coordinator,
d. Fire Chief, and
e. such other members that the Council may determine.
El'. )ency Measures Bylaw 828
Page2
3.2 The Emergency Executive Committee may strike such sub-committees and work groups as
deemed necessary.
3.3 The Council shall appoint a City of Castleg.ir Emergency Coordinator to facilitate emergl,lncy
preparedness, response and recovery measures.
3.4 Subject to the approval of the Council, the Emergency Executive Committee may:
a. make and amend its terms of reference, policies and procedures,
b. enter into agreements with regional districts or other municipalities for the purpose of
emergency assistance or the fonnulation of coordinated emergency preparedness, response
or recoveryL and
c. enter into agreements with individuals, bodies, corporations or other non-government
agencies for the provision of goods or services.
SECTION 4 - Duties and Responsibilities of the Council
4.1 The City of Castlegar Emergency Executive Committee shall prepare and present to the Council
for annual review and approval:
a. a list of hazards to which the municipality is subiect and which also indicates the relative risk
of occurrence,
b. plans respecting_ the preparation for, response to and recovery from emergencies and
disasters, which include:
(i)
a periodic review and updating_ of plans and procedures for that review,
(ii)
a program of emergency response exercises,
(iii}
a training program,
(iv)
procedures by which physical and financial emergency resources or assistance may
be obtained,
(v)
procedures by which emergency plans are to be implemented,
(vi)
warning procedures to those persons who may be hanned or suffer loss in an
emergl,lncy or impending disaster,
E~
)!lncy Measures Bylaw 828
· ·
Page3
(vii) procedures to coordinate the provision of food, clothing, shelter, transportation and
medical service to victims of emergencies and disasters, whether that provision is
made from within or outside of the municipality, and
(viii) procedures to establish the priorities for restoring essential services provided by the
municipality, or recommend priorities to other service providers, that are interrupted
during an emergency or disaster.
SECTION 5 - Powers of the Council
5.1 The Council or the Mayor or the Emergency Coordinator may, whether or not a state of local
emergency has been declared, cause the emergency plan to be implemented.
5.2 The Council by bylaw or resolution, or the Mayor by order, may declare a state of local
emergency when the extraordinary power or authority enabled by Section 12 of the Act is
required to effectively_ deal with an emergency or disaster in any part of the municipality.
5.3 Upon a "declaration of a state of local emergency" being made, Council or the Mayor shall:
a. forward a copy of the declaration to the Attorney_ General, and
b. cause the details of the declaration to be published by a means of communication that the
Council or Mayor considers most likely to make the contents of the declaration known to the
majority of the population of the affected area.
5.4 After a declaration of a state of emergency is made under Section 5.2 in respect of all or any
part of the municipality, and for the duration of the state of emergency, the Council or Mayor
may do any or all acts considered necessary and implement procedures that the Council or
Mayor considers necessary to prevent, respond to or alleviate the effects of an emergency or
a disaster, including any or all of the following:
a. acquire or use any real or personal property considered necessary to prevent, respond to or
alleviate the effects of an emergency or disaster;
b. authorize or require any person to render assistance of a type that the person is qualified to
provide or that otherwise is or may be required to prevent,_ respond to or alleviate the effects
of an emergency or disaster;
c. control or prohibit travel to or from any part of the municipality;
d. provide for the restoration of essential facilities and the distribution of essential supplies and
provide, maintain or coordinate emergency medical, welfare and other essential services in
the municipality;
e. cause the evacuation of persons and the removal of livestock, animals and personal property
from any part of the municipality that is or may be affected by an emergency or a disaster
and make arrangements for the adequate care and protection of those persons, livestock,
animals and personal property;
f. 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 or if otherwise considered by the
Council or Mayor to be necessary to prevent, respond to or alleviate the effects of an
emergency or disaster;
/ )
E( ),ency Measures Bylaw 828
Page4
g. cause the demolition or removal of any trees, structures or crops if the demolition or removal
is considered by the Council or Mayor to be necessary or appropriate in order to prevent,
respond to or alleviate the effects of an emergency or disaster;
h. construct works considered by the Council or Mayor to be necessary_ or appropriate to
prevent, respond to or alleviate the effects of an emergency or disaster;
i. procure, fix prices for or ration food, clothing, fuel, equipment, medical supplies or other
essential supplies and the use of any property, services, resources or equipment within any
part of the municipality for the duration bf the local state of emergEincy; and
j. authorize the Emergency Coordinator (or other selected person or persons) to exercise, in
any part of the municipality affected by a declaration of a local state of emergency, those
specific powers enabled in Section 5.4 and assumed by the Council or Mayor.
5.5 The Council or Mayor must, when of the opinion that an emergEincy no long_er exists in the
municipality to which a declaration of local state of emergency was made:
a. cancel the declaration of a state of local emergency in relation to that part
(i)
by bylaw or resolution, if cancellation is affected by the Council, or
Oil
by order, if the cancellation is effected by the Mayor, and
b. promptly notify the Attorney General of the cancellation of the declaration of a state of local
emergency.
SECTION 6 - Liability:
6.1 As enabled by the Ac( no person, including, without limitation, the Council, the May_or, members
of the City of Castlegar Emergency Management Organization, employees of the City of
Castlegar, a volunteer and any other persons appointed, authorized or requested to carry out
measures relating to emergencies or disasters, is liable for any loss, cost, expense, damages
or injury_ to persons or property that result from:
a. the person in good faith doing or omitting to do any act that the person is appointed,
authorized or required to do under this bylaw, unless, in doing or omitting to do the act, the
person was grossly negligent, or
b. any acts done or omitted to be done by one or more of the persons who were, under this
bylaw, appointed, authorized or required by the person to do the acts, unless in appointing,
authorizing or requiring those persons to do the acts, the person was not acting in good faith.
' )
SECTION 7 - Rescind
(
-H
'
)
Emergency Measures Bylaw 828
Page 5
7.1 This bylaw rescinds Bylaw 383 cited as the "City of Castleg~r Emerg~nc}' Program By-Law No.
383, 1983".
READ A FIRST TIME on the 14th day of OctoberL 1997.
READ A SECOND TIME on the 14th day of October, 1997.
READ A THIRD TIME and PASSED on the 14th day of October, 1997.
ADOPTED, on the 4th day of November, 1997.
Mayor-