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HomeMy Public PortalAboutEmergency Program Bylaw 1361 Page 1 of 6 Bylaw No. 1361 Emergency Measures Regulatory Bylaw TOWN OF OLIVER BYLAW 1361 A bylaw to establish and regulate the Town of OLIVER Emergency Management Organization and to define the powers of the Council upon a Declaration of a State of Local Emergency. WHEREAS the Council of the Town of OLIVER must establish and maintain an Emergency Management Organization to develop and implement Emergency plans; WHEREAS the Council of the Town of OLIVER wishes to provide a comprehensive management program to prepare for, respond to and recover from Emergencies and Disasters; NOW THEREFORE, the Council of the Town of OLIVER in open meeting assembled enacts as follows: SECTION 1 - CITATION 1.1 This Bylaw shall be cited as the "Emergency Program Bylaw 1361”. SECTION 2 - INTERPRETATION 2.1 In this bylaw: (a) “Act” means the Emergency Program Act, R.S.B.C. 1996, Chapter 111; (b) “Council” means the Council of the Town of OLIVER; (c) “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; (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 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; (g) “Emergency Program Coordinator” means the person appointed by Council as head of the Emergency Management Organization or their designated alternate; Page 2 of 6 Bylaw No. 1361 Emergency Measures Regulatory Bylaw (h) “Emergency Executive Committee” means the committee referred to in Paragraph 3.1. (i) “Emergency Management Organization” means the Town of OLIVER Emergency Program Coordinator and such other persons appointed and functional groups established and which are charged with emergency preparedness, response and recovery measures; (j) “Mayor” means that member of Council who is head and Chief Executive of the municipality or, in the absence of the Mayor, the person appointed Acting Mayor; (k) “Minister” means the Attorney General for the Province of British Columbia; (l) “Municipality” means all the area within the boundaries of the Town of OLIVER; 2.2 This bylaw shall be construed in accordance with the Emergency Program Act, and all Regulations made thereunder. SECTION 3 - ADMINISTRATION 3.1 An Emergency Executive Committee shall be composed of: (a) A member of Council; (b) Chief Administrative Officer; (c) Emergency Program Coordinator. (d) Heads of selected functional departments or their designates as determined by Council; (e) Officer in Charge (OIC) of local RCMP Detachment (f) such other members that the Council may determine. 3.2 The Council shall appoint an Emergency Program Coordinator to facilitate emergency preparedness, response and recovery measures. 3.3 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 formulation of coordinated Emergency preparedness, response or recover, and (c) Enter into agreements with individuals, bodies, corporations, or other non-government agencies for the provision of goods or services. Page 3 of 6 Bylaw No. 1361 Emergency Measures Regulatory Bylaw SECTION 4 - DUTIES AND RESPONSIBILITIES OF THE EMERGENCY EXECUTIVE COMMITTEE 4.1 The Emergency Executive Committee shall prepare and present to the Council for annual review and approval: (a) a list of hazards to which the participating area is subject 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 harmed or suffer loss in an Emergency or impending Disaster, 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 5.1 The Council or the Mayor or the Chief Administrative Officer or the Emergency Program Coordinator or other person designated by the Town whether or not a Declaration of 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 when time is of the essence, may make a Declaration of 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 of State of Local Emergency to the Minister, and Page 4 of 6 Bylaw 1361, 2016 Emergency Measures Regulatory Bylaw (b) cause the details of the Declaration of State of Local Emergency to be published by a means of communication that the Council or Mayor considers most likely to make the contents of the Declaration of State of Local Emergency known to the majority of the population of the affected area. 5.4 After a Declaration of a State of Local Emergency is made under Section 4.2 in respect of all or any part of the Municipality and for the duration of the Declaration of State of Local Emergency, the Council or Mayor may do any or all of the following acts and procedures that the Council or Mayor considers to be 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 essentials supplies and provide, maintain and 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 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 or to alleviate the effects of an Emergency or Disaster; (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 of the Declaration of State of Local Emergency, and (j) authorize the Town of OLIVER Emergency Program Coordinator to exercise, in any part of the Municipality affected by a Declaration of a State of Local Emergency, those specific powers assumed by the Council or Mayor. Page 5 of 6 Bylaw 1361, 2016 Emergency Measures Regulatory Bylaw 5.5 The Council or Mayor must, when of the opinion that an Emergency no longer exists in the Municipality to which a Declaration of State of Local 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 effected by Council, or ii) by order, if the cancellation is effected by the Mayor, and (b) promptly notify the Minister of the cancellation of the Declaration of a State of Local Emergency. SECTION 6 - LIABILITY 6.1 As enabled by the Act, no person, including, without limitation, the Council, the Mayor, members of the Emergency Executive Committee, employees of the Town of OLIVER, 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 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 - RESCINDING 7.1 The “Town of OLIVER South Okanagan Emergency Measures Regulatory Bylaw No. 860, 1997” is hereby repealed. Read a first, second, and third time on the 14th day of March, 2016. Adopted on the 29th day of March, 2016. “original signed by Mayor” “original signed by Corporate Officer” ________________________________ _________________________________ Mayor Corporate Officer