C-1213955-56Elizabeth II2006-2007An Act to provide for emergency management and to amend and repeal certain ActsEmergency Management ActEmergency Management20196
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E-4.5615200790357Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Emergency Management Act.InterpretationDefinitionsThe following definitions apply in this Act.emergency management means the prevention and mitigation of, preparedness for, response to and recovery from emergencies. (gestion)emergency management plan means a program, arrangement or other measurefor dealing with an emergency by the civil population; orfor dealing with a civil emergency by the Canadian Forces in accordance with the National Defence Act. (plan de gestion des urgences)government institution means any department, branch, office, board, agency, commission, corporation or other body for the administration or affairs of which a minister of the Crown is accountable to Parliament. (institution fédérale)Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)provincial emergency means an emergency occurring in a province if the province or a local authority in the province has the primary responsibility for dealing with the emergency. (urgence provinciale)Minister’s ResponsibilitiesMinisterial responsibilities — generalThe Minister is responsible for exercising leadership relating to emergency management in Canada by coordinating, among government institutions and in cooperation with the provinces and other entities, emergency management activities.Responsibilities — CanadaThe Minister’s responsibilities under section 3 includeestablishing policies, programs and other measures respecting the preparation, maintenance, testing and implementation by a government institution of emergency management plans;providing advice to government institutions respecting the preparation, maintenance, testing and implementation of emergency management plans;analysing and evaluating emergency management plans prepared by government institutions;monitoring potential, imminent and actual emergencies and advising other ministers accordingly;coordinating the Government of Canada’s response to an emergency;coordinating the activities of government institutions relating to emergency management with those of the provinces — and supporting the emergency management activities of the provinces — and through the provinces, those of local authorities;establishing arrangements with each province whereby any consultation with its lieutenant governor in council with respect to a declaration of an emergency under an Act of Parliament may be carried out effectively;coordinating the provision of assistance to a province in respect of a provincial emergency, other than the provision of financial assistance and the calling out of the Canadian Forces for service in aid of the civil power under Part VI of the National Defence Act;providing assistance other than financial assistance to a province if the province requests it;providing financial assistance to a province ifa provincial emergency in the province has been declared to be of concern to the federal government under section 7,the Minister is authorized under that section to provide the assistance, andthe province has requested the assistance;participating, in accordance with Canada’s foreign relations policies, in international emergency management activities;establishing the necessary arrangements for the continuity of constitutional government in the event of an emergency;establishing policies and programs respecting emergency management;conducting exercises and providing education and training related to emergency management;promoting a common approach to emergency management, including the adoption of standards and best practices;conducting research related to emergency management;promoting public awareness of matters related to emergency management; andfacilitating the authorized sharing of information in order to enhance emergency management.Other responsibilitiesThe Minister has any other responsibilities in relation to emergency management that the Governor in Council may specify.Responsibilities — United StatesIn consultation with the Minister of Foreign Affairs, the Minister may develop joint emergency management plans with the relevant United States’ authorities and, in accordance with those plans, coordinate Canada’s response to emergencies in the United States and provide assistance in response to those emergencies.Ministers’ ResponsibilitiesMinisters’ responsibilitiesThe emergency management responsibilities of each minister accountable to Parliament for a government institution are to identify the risks that are within or related to his or her area of responsibility — including those related to critical infrastructure — and to do the following in accordance with the policies, programs and other measures established by the Minister:prepare emergency management plans in respect of those risks;maintain, test and implement those plans; andconduct exercises and training in relation to those plans.Contents of emergency management plansEach minister shall include in an emergency management planany programs, arrangements or other measures to assist provincial governments and, through the provincial governments, local authorities;any federal-provincial regional plans;any programs, arrangements or other measures to provide for the continuity of the operations of the government institution in the event of an emergency; andin the case of war or other armed conflict, the programs, arrangements or other measures thatsupport the overall defence effort,support the Canadian Forces and the armed forces of Canada’s allies in the conduct of military operations,contribute to meeting Canada’s military and civil wartime obligations to its allies, andmitigate the effects of foreign armed conflict on Canada.Provincial emergenciesA government institution may not respond to a provincial emergency unless the government of the province requests assistance or there is an agreement with the province that requires or permits the assistance.Orders or RegulationsOrders or regulationsThe Governor in Council may on the recommendation of the Minister make orders or regulationsrespecting the preparation, maintenance, testing and implementation of emergency management plans;respecting the use of federal civil resources in response to civil emergencies;declaring a provincial emergency to be of concern to the federal government; andauthorizing the Minister to provide financial assistance to a province under paragraph 4(1)(j).Related AmendmentsAccess to Information Act[Amendments][Amendment][Amendment]Department of Public Safety and Emergency Preparedness Act[Amendment]Coordinating Amendment[Amendment]Repeal[Repeal]Coming into ForceOrder in councilThis Act other than section 12 comes into force on a day to be fixed by order of the Governor in Council.[Note: Section 12 in force on assent June 22, 2007; Act, other than section 12, in force on August 3, 2007, see SI/2007-79.]