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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4890
A Bylaw to continue the Oak Bay Emergency Planning Program
The Municipal Council of The Corporation of the District of Oak Bay, in an open
meeting assembled, enacts as follows:
1.
In this Bylaw,
"Chief Administrative Officer" means the chief administrative officer for
the Corporation within the meaning of Section 147 of the Community Charter;
"Community Charter" means the Community Charter of the Province of
British Columbia, S.B.C. 2003, c. 26, as amended from time to time;
"Corporation" means The Corporation of the District of Oak
Bay;
"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;
"Emergency" means a present or imminent event or
circumstance that:
(i)
Is caused by accident, fire, explosion, technical
failure or 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 a person
or to limit damage to property;
"Emergency Program Act" means the Emergency Program Act of the Province
of British Columbia, R.S.B.C. 1996, c. 111, as amended from time to time;
"emergency plan" and "emergency planning" encompass the development
of strategies, procedures and guidelines for emergency and disaster
preparedness, response and recovery;
"Local Authority Emergency Management Regulation" means the Local
Authority Emergency Management Regulation, B.C. Reg. 380/95, as amended
from time to time;
"Municipal Council" means the Municipal Council of the
Corporation.
2.
The Oak Bay emergency planning program is hereby continued within the
framework of this Bylaw.
3.
An emergency management organization to provide strategic oversight on
the development and implementation of emergency plans and other
preparedness, response and recovery measures shall be constituted as
follows:
a) an Emergency Management Planning Committee, which will meet
no less than twice per year, responsible for strategic direction and
general oversight of the emergency planning function, consisting of
the following members or their designate:
i.
Chief Administrative Officer;
ii.
Fire Chief;
iii.
Chief Constable;
iv.
Director of Corporate Services;
v.
Director of Parks, Recreation and Culture;
vi.
Director of Strategic Initiatives;
vii.
Director of Engineering Services;
viii.
Emergency Program Coordinator and Deputy Emergency Program
Coordinator (Chair & Co-Chair);
ix.
Such other members that may be appointed or invited as required by
the Committee members.
b) The Municipal Council may appoint one of its members as a liaison
to the Emergency Management Planning Committee.
4.
During an emergency or disaster:
a) The Emergency Operations Centre Director will coordinate and direct
the overall operations undertaken by the municipality respecting
preparation for, response to, and recovery from the emergency or
disaster; and,
b) there shall be a Policy Group consisting of Mayor and Council to
support the Emergency Operations Centre during an emergency or
disaster as outlined in the Municipal Emergency Response and
Recovery Plan.
5.
Both the Emergency Management Planning Committee and/or the
Emergency Program Coordinator/Deputy Emergency Program Coordinator
may establish task-specific or function-specific subcommittees as required.
6.
The Oak Bay Emergency Program is a division of the Oak Bay Fire Department
7.
The Fire Chief will appoint an Emergency Program Coordinator and Deputy
Emergency Program Coordinator to facilitate emergency preparedness,
response, and recovery measures. These designated positions shall report to
the Fire Chief.
8.
The Emergency Program Coordinator and/or Deputy Emergency Program
Coordinator are responsible for:
a) preparing agendas, providing advice, and making recommendations
and reports to the Emergency Management Planning Committee;
b) ensuring that programs and practices are in place as required by the
Emergency Program Act;
c) preparing the annual operating budget for the emergency planning
function for review by the Chief Administrative Officer and the
Municipal Council;
d) liaising and negotiating agreements with organizations outside of the
Corporation for purposes related to the emergency planning
function, for review by the Emergency Planning Policy Committee;
e) seeking sources of funding and preparing grant applications in
connection with special projects related to the emergency planning
function; and
f) providing updates and reports to the Emergency Management Planning
Committee on emergency program activities.
9.
The Emergency Management Planning Committee is delegated the authority,
on behalf of the Corporation, to approve and execute agreements as
contemplated by Sections 3(a) and 3(b) of the Local Authority Emergency
Management Regulation.
10.
The Chief Administrative Officer, Fire Chief, Chief Constable, Emergency
Program Coordinator/Deputy Emergency Program Coordinator may:
a) implement any local emergency plan for the Corporation whether or not a
state of local emergency has been declared;
b) activate an Emergency Operations Centre;
11.
For the purposes of Section 10, the Chief Administrative Officer or, should an
Emergency Operations Centre be activated, the Emergency Operations
Centre Direct may:
a) exercise all of the powers that are exercisable by the Municipal Council
under Section 13 of the Emergency Program Act, consequent to a declared
state of local emergency.
12.
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 the Emergency Program Act is required to effectively deal with an
emergency or disaster in any part of the municipal jurisdiction.
a) upon declaration of a state of local emergency being made, Council or
the Mayor must:
i.
forward a copy of the declaration to the Minister, Emergency
Management and Climate Readiness, and
ii.
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.
b) the Council or Mayor must, when of the opinion that an emergency no
longer exists to which a declaration of a state of local emergency was
made:
i.
cancel the declaration of a state of local emergency by:
a. by bylaw or resolution, if cancellation is effected by
Council, or
b. by order, if the cancellation is effected by the Mayor, and
c) promptly notify the Minister of the cancellation of the declaration of a
state of local emergency.
13.
For the purposes of Section 173 of the Community Charter, the
emergency expenditure procedure shall be as set out in the Emergency
Expenditure Policy adopted by resolution of the Municipal Council dated
October 25, 1999.
14.
In this Bylaw,
a) a delegation of authority does not preclude the resumption of that
authority by the Municipal Council or by the person delegating the
authority, as the case may be; and
b) a reference to an officer, manager or employee of the Corporation means
a person holding such a position having been appointed by or under
the authority of either the Municipal Council, the Chief Administrative
Officer or the Oak Bay Police Board, as the case may be.
15.
Emergency Program Bylaw, 2009 is repealed
16.
This Bylaw comes into force on adoption.
This Bylaw may be cited as the Emergency Program Bylaw No. 4890, 2024
READ A FIRST TIME the
9th day of December , 2024
READ A SECOND TIME the
9th day of December , 2024
READ A THIRD TIME the
9th day of December , 2024
ADOPTED the
13th day of January
, 2025
Kevin Murdoch, Mayor
Dianna Plouffe, Corporate Officer
Sealed with the Seal of The Corporation
of the District of Oak Bay