HomeMy Public PortalAbout108-10 EMERGENCY MEASURES (WARD 2)VILLAGE OF SUSSEX CORNER
BY-LAW # 108 - 10
A BY-LAW RESPECTING THE ESTABLISHMENT AND
IMPLEMENTATION OF AN EMERGENCY MEASURES
ACTION PLAN
Whereas it is deemed necessary to prepare an Emergency Measures Action Plan,
the Council of the Village of Sussex Corner, under the authority vested in it by the
Municipalities Act and the Emergency Measures Act, and Regulations thereunder,
enacts as follows:
1. TITLE
a) This by-law may be cited as the "Emergency Measures Action Plan By-law".
2. DEFINITIONS
In this by-law, unless the context otherwise requires,
a) "Director" means a person appointed by the Village to prepare and coordinate an
Emergency Measures Action Plan for the Village and to fulfill other duties as may
be prescribed by Council;
b) "Emergency" means a present or imminent event in respect of which the Minister
or the Village, as the case may be, believes that prompt coordination of action or
regulation of persons or property must be undertaken to protect property, the
environment or the health, safety or welfare of the civil population;
c) "Emergency Measures Action Committee" means a committee established
pursuant to Section 3(b)(2) to advise Council on matters of emergency
preparedness and to undertake planning and coordination of emergency measures;
d) "Emergency Measures Action Plan" means any plan, program or procedure
prepared by the Province of New Brunswick, or the Village of Sussex Corner, as
the case may be, that is intended to mitigate the effects of an emergency or
disaster and to provide for the safety, health or welfare of the civil population and
the protection of property and the environment in the event of such occurrence;
e) "Emergency Measures Planning Committee" means a committee established
pursuant to Section 3(a) which advises Council on the development of an
Emergency Measures Action Plan;
1) "Emergency Operations Centre" means a building, structure or place designated
by the Emergency Measures Action Committee as being the operations centre for
administering, planning, coordinating and conducting emergency response
actions;
g)
"Minister" means the Minister of Public Safety of the Province of New
Brunswick;
h) "State of Local Emergency" means a state of local emergency declared by the
Village pursuant to the Emergency Measures Act of New Brunswick;
i) "Village" means the Village of Sussex Corner, a municipality in the County of
Kings and the Province of New Brunswick.
3. COMMITTEES
Emergency Measures Planning Committee
a) An Emergency Measures Planning Committee shall be appointed by Council, to
consist of not fewer than two (2) members of Council. Two (2) members of the
Committee shall constitute a quorum.
b) In addition to any other duties and powers under this by-law, the Emergency
Measures Planning Committee shall be responsible for:
1) advising Council on the development of an Emergency Measures
Action Plan;
2) advising Council on the appointment of members to an Emergency
Measures Action Committee, which committee shall advise the
Village on matters of emergency preparedness and undertake planning
and coordination of the Emergency Measures Action Plan;
3) advising Council on the appointment of a Director of the Emergency
Measures Organization whose responsibilities shall include the
preparation of the Emergency Measures Action Plan, and such other
duties as may be required;
4) recommending the approval of the Emergency Measures Action Plan
by Village Council.
Emergency Measures Action Committee
c) The Emergency Measures Action Committee, subject to the approval of Council,
may negotiate and recommend to Council, that the Village enter into agreements
with other municipalities, with the Provincial Government, with the Government
of Canada, with other agencies, or with any or all of them, within the terms of the
Emergency Measures Action Plan, for the purposes of:
1) Mutual aid;
2) The formation of joint organizations; or
3) The employment of their members or resources.
With respect to the above, established and signed mutual aid agreements with
neighboring jurisdictions and services will be utilized to mitigate and respond to
an event when such action is deemed to be appropriate and in the interest of
protecting life, property or the environment.
4. DECLARATION OF A STATE OF LOCAL EMERGENCY
a) Before or upon the event of an emergency, the Mayor, or Deputy Mayor, or in
their absence, any two (2) Councillors may call members of Council, upon verbal
notice, to meet anywhere in the Village for the purpose of declaring a state of
local emergency and of carrying out business pertaining thereto. A quorum shall
consist of a simple majority of all the members of Council. As soon as a quorum
is present the meeting may be called to order. At such a meeting, only matters
specifically pertaining to the emergency may be considered by Council and
business will be conducted according to the Village's procedural by-law, where it
does not conflict with this by-law.
b) The Council may, when satisfied that an emergency exists, or may exist, in all or
any part of the Village, declare by resolution, a state of local emergency.
c) In case a quorum can not be achieved, in Section 4(a), the senior elected official
present shall contact the New Brunswick Emergency Measures Organization and
request the Department of Public Safety declare a state of emergency.
d) When a state of local emergency has been declared, the Village shall immediately
cause the details of the declaration to be communicated or published by such
means as it considers the most likely to make the contents of the declaration
known to the civil population of the Village, and immediately forward a copy of
the declaration to the Minister of Public Safety.
e) For the purposes of this by-law only, once a state of local emergency or a state of
emergency has been declared and during the continuation of a state of local
emergency or state of emergency, a simple majority of all of the members of
Council shall constitute a quorum.
5. GENERAL
a) In the event of a state of local emergency being declared, the Emergency
Measures Action Plan will be implemented by the Emergency Measures Action
Committee, in full or in part, according to the procedures outlines herein:
1) The Emergency Measures Action Committee, if it has not already
done so, shall designate an Emergency Operations Centre;
2) Council will be automatically convened and shall not be adjourned
until the state of local emergency is declared to be over;
3) Each member of Council shall be advised by the Emergency Measures
Action Committee when a state of local emergency has been declared
and he or she shall endeavor to advise the Emergency Operations
Centre of his or her whereabouts during the continuation of the state of
local emergency.
b) In the event that a state of local emergency has been declared, all employees,
servants and agents of the Village will endeavor to advise the Emergency
Operations Centre of their whereabouts and will be required to carry out their
duties as ordered by the Director of the Emergency Operations Centre. In this
circumstance, unless Council otherwise stipulates, for services performed during
the continuation of the emergency:
1) Hourly paid employees will receive time and one-half their regular
hourly rate for time worked in excess of regular working hours;
2) Casual employees, as required during the emergency, will be paid the
usual set rate per hour.
c) When a state of local emergency is declared, the Emergency Measures Action
Committee, in coordination with the Emergency Operations Centre, may
forthwith procure food, clothing, medicines, equipment, goods and services of any
nature or kind for use during the emergency, the payment for which shall be made
by the Village.
d) It should be noted that a Declaration of State of Local Emergency does not have
to be declared to put into effect the Village's Emergency Measures Action Plan.
6. POWERS
a) The Village may, during the state of local emergency, do everything necessary for
the protection of property, the environment and the health and safety of persons
therein, including, but not limited to, any or all of the following:
1) To cause an Emergency Measures Action Plan to be implemented;
2) To acquire or utilize or cause the acquisition or utilization of any
personal property by confiscation or any means considered necessary;
3) To authorize or require any qualified person to render aid of such type
as that person may be qualified to provide;
4) To control or prohibit travel to and from any area or on any road, street
or highway;
5) To provide for the maintenance and restoration of essential facilities,
the distribution of essential supplies and the maintenance and
coordination of emergency medical, social and other essential services;
6) To cause the evacuation of persons and the removal of livestock and
personal property threatened by a disaster or emergency, and make
arrangements for the adequate care and protection thereof;
7) To authorize any person, properly identified as authorized by the
Village, to enter into any building or upon any land without warrant;
8) To cause the demolition or removal of any building, structure, tree or
crop where the demolition or removal is considered necessary or
advisable for the purposes of reaching the scene of a disaster, or
attempting to forestall its occurrence or of combating its progress;
9) To procure or fix prices for food, clothing, fuel, equipment, medical or
other essential supplies and the use of property, services, resources or
equipment; and
10) To order the assistance, with or without remuneration, of persons
needed to carry out the provisions mentioned in this section.
b) Village Council shall have the authority to appoint an Emergency Measures
Coordinator. This person may also serve as the Director of the Emergency
Operations Centre.
c) For the duration of the state of local emergency, Village Council may appoint or
authorize the appointment of:
1) Auxiliary police personnel who are recommended by the Royal
Canadian Mounted Police (RCMP) Officer in Charge or Non -
Commissioned Officer in Charge;
2) Auxiliary fire personnel who are recommended by the Chief of the
Sussex Volunteer Fire Department; and
3) Any other persons as deemed necessary by the Director of the
Emergency Operations Centre.
d) When this by-law is silent as to any action to be taken during the course of a state
of local emergency, then the provisions of the Emergency Measures Act shall
apply.
7. INDEMNITY
a) No persons shall have any claim against the Village or its employees, servants or
agents for any damages of whatsoever nature or kind, which may be caused at any
time in the carrying out of the provisions of this by-law.
8. PENALTIES
a) Any person found violating any provision of this by-law or who suffers or permits
any act or thing to be done in contravention or violation of any provisions herein,
or neglects or fails to do any act or thing herein required, or obstructs the Village
or any person in the performance of any action, matter or thing authorized by this
by-law, or violates or fails to comply with any direction, order or requirement
made pursuant to this by-law, commits an offence punishable under Part II of the
Provincial Offences Procedures Act as a Category "F" offence.
9. SEVERABILITY
a) If any part of this by-law shall be held invalid, such part shall be deemed
severable and the invalidity thereof shall not affect the remaining parts of the
by-law.
10. ENFORCEMENT
a) When implementing the Emergency Measures Action Plan pursuant to this by-
law, any person properly identified as authorized by the Village, has the right at
any time to enter into any building or upon any land without warrant.
11. BY-LAWS REPEALED
a) All current Village by-laws, and amendments thereto, regarding Emergency
Measures are hereby repealed including, but not limited to, the following:
1) # 42-03 Establishment of an Emergency Measures Organization
2) # 69-02 Amend Emergency Measures Organization By-law # 42-03
3) # 84-03 Amend Emergency Measures Organization By-law # 42-03
12. EFFECTIVE DATE
a) This by-law shall come into effect on the date of final enactment thereof.
Village of Sussex Corner
Certified Copy of Original
READ A FIRST TIME
READ A SECOND TIME
READ A THIRD TIME AND ENACTED
CLERK
2010 02 16
2010 02 16
2010 03 16