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CORPORATION OF THE CITY OF
NEW WESTMINSTER
MAJOR EMERGENCY PROGRAM BYLAW
NO. 6417, 1997
Adopted September 29, 1997
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MAJOR EMERGENCY PROGRAM BYLAW
TABLE OF CONTENTS
Page No.
TITLE...................................................................................................1
INTERPRETATION AND DEFINITIONS..............................................1
ADMINISTRATION...............................................................................4
DUTIES AND RESPONSIBILITIES......................................................5
POWERS..............................................................................................7
LIABILITY.............................................................................................9
COMPENSATION FOR LOSS.............................................................10
CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 6417, 1997
A Bylaw to Respond to and Recover from Emergencies and Disasters
A.
The City Council is required by section 6(2) of the Emergency Program
Act, R.S.B.C. 1996 c. 111 to prepare a local emergency plan respecting
preparation for, response to, and recovery from emergencies and disaster.
B.
The City is required by section 6(3) to establish and maintain an
emergency management organization to develop and implement emergency
plans and other preparedness, response and recovery measures for
emergencies and disasters;
C.
The City is required to provide a comprehensive program of emergency
management which will address natural and man made hazards including the
preservation of life, property local economy, and the environment, in a four
program approach addressing prevention, preparedness, response and recovery
and, to provide for continuity of Government and the preservation of life and
property through a coordinated response by elected officials, municipal
departments, volunteer services, and outside agencies, in the event of an
emergency or disaster.
THE CITY COUNCIL of the Corporation of the City of New Westminster in
open meeting assembled ENACTS AS FOLLOWS:
Title
1.
This Bylaw may be cited for all purposes as "Major Emergency Program
Bylaw No. 6417, 1997".
Interpretation and Definitions
a)
This Bylaw shall be construed in accordance with the principals contained
in, and shall be subject to, the Emergency Program Act, R.S.B.C. 1996 c.
111, and all Regulations made thereunder.
2.
For the purpose of this Bylaw:
a)
"Building" means any structure used or intended for supporting or
sheltering any use or occupancy.
b)
"City" means the Corporation of the City of New Westminster.
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c)
"City Emergency Planning Coordinator" means that person so
appointed by the local authority pursuant to section 6(3)(b) of the
Emergency Program Act to be a coordinator for the emergency
management organization.
d)
"Declaration of a State of Local Emergency" means a Bylaw or
Resolution of the local authority or an order of its Mayor that an
emergency or disaster exists or is imminent, pursuant to section
12(1) of the Emergency Program Act.
e)
"Disaster" means a calamity that:
i)
is caused by accident, fire, explosion, or technical failure or
by the forces of nature; and
ii)
has resulted in serious harm to the health, safety, or welfare
of people, or in widespread damage to property.
f)
"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)
requires prompt coordination of action or special regulation
of persons or property to protect the health, safety, or
welfare of people, or to limit damage to property.
g)
"Emergency Advisory Committee" means the committee
appointed by the local authority pursuant to section 6(3) of the
Emergency Program Act to advise and assist the local authority as
part of the overall emergency management organization.
h)
"Emergency
Management"
means
the
development
and
implementation of emergency plans and other prevention,
preparedness, response, and recovery measures for emergencies
and disasters.
i)
"Emergency Management Organization" means the overall
organization of groups and individuals established and maintained
by the local authority, pursuant to section 6(3) of the Emergency
Program Act, to develop and implement emergency plans and
other preparedness, response and recovery measures for
emergencies and disasters, in the Municipality.
j)
"Emergency Operations Centre" means a facility from which the
Emergency Operations Centre Control Group operates.
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k)
"Emergency Operations Centre Control Group" means a group
the members of which are designated by this Bylaw, and which is
responsible for the administration of the New Westminster Major
Emergency Program during an emergency or disaster.
l)
"Emergency Operations Centre Director" means the person
appointed by the Emergency Advisory Committee as director of the
Emergency Operations Centre.
m)
"Emergency Social Services Director" means that person so
appointed by the Emergency Advisory Committee to direct the
provision of social services in an emergency or disaster.
n)
"Emergency Program Office" means the department within the
City that coordinates the planning and development of the New
Westminster Major Emergency Program.
o)
"Local Authority" means the Council of the City.
p)
"Mayor" means the person elected as Mayor of the City, and
includes the person designated as Acting Mayor at the relevant
time if the Mayor is absent, ill or otherwise unable to carry out or
exercise her or his duties and powers.
q)
"Media Relations Officer" means that person so appointed by the
Emergency Advisory Committee to act as liaison between the City
and the media in the event of an emergency or disaster.
r)
"Municipality" means all of the lands within the boundaries of the
City.
s)
"New Westminster Major Emergency Plan" means written plans
that provide the City with a general direction and framework
covering prevention, preparedness, response and recovery
programs and which outline roles and responsibilities to deal with
major emergencies and disasters.
t)
"New Westminster Major Emergency Program" means the
organization, plans, and procedures established by the City for
addressing major emergencies and disasters.
u)
"Order" means a written statement or direction, bearing the
signature and printed name and title of the issuer authorized to
make the order by this Bylaw, and the date of issuance.
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Administration
4.
The local authority shall appoint a City Emergency Planning Coordinator,
and designate the reporting structure for the Coordinator.
5.
(1)
The local authority shall establish an Emergency Advisory
Committee which shall:
a)
meet not less than once every six months;
b)
have as a chairperson a member of City Council who has been
appointed by the local authority;
c)
consist of the following members or their designates:
i)
Two members of the City Council
ii)
Two representatives from the community
iii)
Representative from the Chamber of Commerce
iv)
Representative from the Royal Westminster Regiment
v)
Representative from St. John Ambulance
vi)
Representative from the Red Cross
vii)
Representative from the Royal Columbian Hospital
viii)
Representative from the Salvation Army
ix)
Representative from the School Board
x)
Such other members that may be appointed by the local
authority which may include the following:
- City Administrator
- City Engineer
- City Electrical Engineer
- Chief Constable
- Fire Chief
- Director of Human Resources
- Director of Health Services
- City Clerk
- City Treasurer
- Parks & Recreation Administrator
- Director of Planning
- Emergency Social Services Director
- City Emergency Planning Coordinator
(2)
Subject to the approval of the local authority, the Emergency
Advisory Committee may:
a)
negotiate agreements with other municipalities or governments for
the purpose of mutual aid or for the formation of joint organizations;
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b)
negotiate with individuals, bodies, corporations, or agencies other
than government for the employment of their members within the
emergency program according to their qualifications;
c)
make and amend rules for regulating its own practices and
procedures.
6.
(1)
The
Emergency
Advisory
Committee
shall
designate
an
Emergency Operations Centre Control Group which will be responsible
for the administration of the New Westminster Major Emergency Program
during an emergency or disaster and shall consist of the following
members or their designates:
a) Mayor
b) Councillors from the Emergency Advisory Committee
c) City Administrator
d) City Engineer
e) City Electrical Engineer
f)
Chief Constable
g) Fire Chief
h) City Treasurer
i)
Director of Planning
j)
Emergency Social Services Director
k) City Emergency Planning Coordinator
l)
Medical Health Services Coordinator
m) Media Relations Officer
n) Such other members that may be appointed by the Emergency
Operations Centre Control Group
(2)
The Emergency Advisory Committee shall appoint an Emergency
Operations Centre Director to implement the directions of the Emergency
Operations Centre Control Group.
7.
The City shall have a New Westminster Major Emergency Plan which
shall provide a general direction and framework covering prevention,
preparedness, response and recovery programs and shall outline roles
and responsibilities to deal with major emergencies and disasters.
Duties and Responsibilities
8.
(1)
The Emergency Advisory Committee shall be responsible for the
overall management of the New Westminster Major Emergency Program
and shall submit estimates of expenditures to the local authority for the
cost of maintenance and operation of the Program for each year.
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(2)
The Emergency Advisory Committee shall be responsible for the
preparation, annual review and updating of the New Westminster Major
Emergency Plan.
9.
Heads of departments and services detailed in the New Westminster
Major Emergency Plan shall prepare, and update semi annually, detailed
departmental roles, responsibilities, check lists and procedures containing
information and direction specific to their departments and services,
according to the format contained in the appendices to the New
Westminster Major Emergency Plan.
10.
The City Emergency Planning Coordinator shall, under the general
direction of the Director of Human Resources:
a) Coordinate all operations within the Emergency Operations Centre as
defined in the New Westminster Major Emergency Plan at times other
than during an emergency or disaster;
b) Under the direction of the Emergency Advisory Committee, prepare
and update semi-annually the New Westminster Major Emergency
Plan (basic plan, including authorities and activation), and without
Committee direction, make minor amendments, such as names,
addresses, and telephone numbers, to the Plan;
c) Be responsible for day to day emergency management and
maintenance of the New Westminster Major Emergency Program
which includes coordination of staff emergency management,
encouragement of public emergency management, and coordination
with external organizations in emergency management;
d) Select and process City candidates for Federal and Provincial
Emergency Training Courses;
e) Maintain information on potential man made or natural hazards and
the impact on the municipality;
f)
Coordinate the registering, equipping and training of the Municipal
volunteers in preparation for an emergency or disaster;
g) Conduct studies and exercises to ensure the New Westminster Major
Emergency Program is effective and in a state of readiness; and
h) Act as the point of contact with the Provincial Emergency Program and
other agencies concerned with emergency planning and operations.
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11.
In the event of an emergency or disaster or a declaration of a state of
local emergency, the local authority may authorize the expenditure of
special funds to meet the exigencies of the situation.
12.
The Emergency Operations Centre Control Group, during an emergency
or disaster, shall be responsible for the coordination and direction of the
overall operations undertaken by the City respecting preparation for,
response to, and recovery from, emergencies and disasters.
13.
The Emergency Operations Centre Director shall, be responsible for the
implementation of the directions the Emergency Operations Centre
Control Group, and under the Group's direction shall:
(a)
direct the ongoing operations of the Emergency Operations Centre
during an emerfency or disaster; and
(b)
during a declared state of emergency, act as the liaison between
the Director of the Provincial Emergency Program or such other
person as the Minister may appoint under section 10(2) of the
Emergency Program Act, and the local authority for the
coordination and implementation of the New Westminster Major
Emergency Program.
Powers
14.
Notwithstanding anything in this Bylaw or the Municipal Act, the local
authority and the Emergency Operations Centre Director as designated
by the New Westminster Major Emergency Plan, have the authority,
whether or not there has been a declaration of a state of local emergency,
to cause the New Westminster Major Emergency Program to be
implemented if, in the opinion of the local authority or the Emergency
Operations Centre Director, an emergency exists or appears imminent or
a disaster has occurred or threatens in:
a)
all or any part of the Municipality; or
b)
any other municipality or electoral area, if the local authority having
responsibility for that other jurisdictional area has requested
assistance.
15.
Notwithstanding any other provisions of this Bylaw, or the Municipal Act,
the local authority or the Mayor may, when satisfied that an emergency or
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disaster exists or is imminent in the Municipality, declare that a state of
local emergency exists.
16.
A declaration of a state of local emergency must identify the nature of the
emergency or disaster and the part of the Municipality in which it exists or
is imminent, and the declaration shall be:
a)
by Bylaw, or Resolution, if made by the local authority; or
b)
by Order, if made by the Mayor; and
c)
in the form attached as Schedule "A" to this Bylaw.
17.
Upon a declaration of a state of local emergency being made, the local
authority shall:
a)
forward a copy to the Attorney General; and
b)
cause the details of the declaration to be published to the
population of the affected area of the Municipality.
18.
Once there has been a declaration of a state of local emergency in
respect of all or any part of the Municipality, the local authority, or upon
written authorization from the local authority, the Emergency Operations
Centre Control Group, the Emergency Operations Centre Director, or the
City Emergency Planning Coordinator, may order in relation to any part or
parts of the Municipality affected by the declaration of state of local
emergency:
a)
the implementation of the New Westminster Major Emergency Plan
or any part or parts of the emergency plan;
b)
acquire or use any real or personal property considered necessary
to prevent, respond to, or alleviate the effects of an emergency or
disaster;
c)
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;
d)
control, enforce or prohibit travel to or from any area of the
Municipality, including Disaster Response Routes which have been
designated in the Plan;
e)
provide for the restoration of essential facilities and the distribution
of essential supplies and provide, maintain, and coordinate
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emergency medical, welfare, and other essential services in the
Municipality;
f)
cause the evacuation of persons and the removal of livestock,
animals, and personal property from any area of the Municipality
that is or may be affected by an emergency or disaster and make
arrangements for the adequate care and protection of those
persons, livestock, animals, and personal property;
g)
authorize the entry into any building or on any land, without
warrant, by any person in the course of implementing the Plan or
New Westminster Major Emergency Program or if otherwise
considered by the local authority to be necessary to prevent,
respond to, or alleviate the effects of an emergency or disaster;
h)
cause the demolition or removal of any trees, structures, or crops if
the demolition or removal is considered by the local authority to be
necessary or appropriate in order to prevent, respond to, or
alleviate the effects of an emergency or disaster;
i)
construct works considered by the local authority to be necessary
or appropriate to prevent, respond to, or alleviate the effects of an
emergency or disaster;
j)
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 or parts
of the Municipality for the duration of the state of local emergency.
19.
The local authority or the Mayor must, when of the opinion that an
emergency no longer exists in the part of the Municipality in relation to
which a declaration of a state of local emergency was made:
a)
cancel the declaration of state of local emergency in relation to that
part:
i)
by bylaw or resolution, if the cancellation is effected by the
local authority; or
ii)
by order, if the cancellation is effected by the Mayor of the
local authority; and
b)
promptly notify the Attorney General of the cancellation of the
declaration of a state of local emergency.
Liability
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20.
No person, including without limitation the Mayor, other members of the
local authority, the Emergency Operations Centre Control Group, the
Emergency Advisory Committee, the Emergency Operations Centre
Director, employees of the City, the City's Police Service or Fire
Department, or a volunteer or other person appointed or authorized or
required to carry out measures relating to an emergency or disaster, is
liable for any loss, cost, expense, damage or injury to persons or property
that results 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,
the New Westminster Major Emergency Plan or the Emergency
Program Act unless, in doing or omitted 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, the New Westminster Major
Emergency Plan or the Emergency Program Act appointed,
authorized or required by the persons to do the acts, unless in
appointing, authorizing or requiring those persons to do the acts,
the person was not acting in good faith.
Compensation for Loss
21.
(1)
Despite section 20 above, if as a result of the acquisition or use of
a person's real property by, or under the direction or authority of the local
authority under section 18(b) above, the person suffers a loss of or to that
property, the local authority shall compensate that person for such loss in
accordance with the Regulations made under the Emergency Program
Act.
(2)
Despite section 20 above, if a person suffers a loss of or to any
real or personal property as a result of the implementation of the New
Westminster Major Emergency Program, or any other action taken by, or
under the direction or authority of the local authority under section 18
above, the local authority may compensate that person for such loss in
accordance with the Regulations made under the Emergency Program
Act.
(3)
If any dispute arises concerning the amount of compensation
payable under subsections (1) and (2) above, the Commercial Arbitration
Act shall apply to such dispute, and the matter shall be submitted for
determination by arbitrators appointed under the Commercial Arbitration
Act R.S.B.C. 1996, Chapter 55, as amended, and the person to be
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compensated shall deliver a notice to the Minister responsible for the
Emergency Program Act setting out that person's choice as to whether
there shall be one or three arbitrators.
Adopted September 29, 1997