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Bill C-476

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First Reading

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	1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
	House of Commons of Canada
	BILL C-476
	An Act to establish a National Civil Defence Force
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the National Civil Defence Force Act.
	INTERPRETATION
Definitions	2. The definitions in this section apply in this Act.
``civil defence'' « protection civile »	``civil defence'' means the planning, organization, co-ordination and implementation of measures that are necessary for the safety of the public and are designed to prevent, protect from, reduce or overcome the effects of a civil defence emergency, and includes the organization or conducting of, and participation in, training and exercises for such purposes.
``civil defence emergency'' « sinistre »	``civil defence emergency'' includes a flood, fire, explosion, earthquake, eruption, storm, terrorist attack, war or other event that causes or may cause damage or destruction to property, loss of life, or injury or distress to persons, or that may endanger the safety of the public in Canada.
``Commission er'' « commissaire »	``Commissioner'' means the Commissioner of the National Civil Defence Force appointed under section 7.
``declaration of a civil defence emergency'' « déclaration de sinistre »	``declaration of a civil defence emergency'' means a declaration by proclamation issued under this Act.
``Force'' « Force »	``Force'' means the National Civil Defence Force established under section 6.
``member'' « membre »	``member'' means any person who has been recruited or appointed to serve on a voluntary basis as a member of the Force.
``Minister'' « ministre »	``Minister'' means a member of the Queen's Privy Council for Canada that may be designated by the Governor in Council as the Minister for the purposes of this Act.
	APPLICATION
Binding on Her Majesty	3. (1) This Act is binding on Her Majesty in the right of Canada or a province.
No derogation from jurisdiction	(2) For greater certainty, nothing in this Act derogates from the authority of the Government of Canada or a province to deal with civil defence emergencies on any property, territory or area in respect of which the Parliament of Canada or the legislature of the province has jurisdiction.
	DECLARATION OF A CIVIL DEFENCE EMERGENCY
Declaration	4. (1) When the Governor in Council believes, on reasonable grounds, that a civil defence emergency exists and requires the taking of special measures for dealing with the emergency, the Governor in Council, after such consultation as is required by section 5, may, by proclamation, so declare.
Contents of declaration	(2) A declaration of a civil defence emergency shall specify
	(a) the state of affairs constituting the emergency;
	(b) the special measures that the Governor in Council anticipates may be necessary for dealing with the emergency; and
	(c) the area of Canada to which the direct effects of the emergency extend.
Effective date	(3) A declaration of a civil defence emergency is effective on the day on which it is issued, but a motion for confirmation of the declaration, signed by the Minister, together with an explanation of the reasons for issuing the declaration and a report on any consultation with the lieutenant governors in council of the provinces with respect to the declaration, shall be laid before each House of Parliament within seven sitting days after the declaration is issued.
Summoning Parliament or House	(4) If a declaration of a civil defence emergency is issued during a prorogation of Parliament or when either House of Parliament stands adjourned, Parliament or that House, as the case may be, shall be summoned forthwith to sit within seven days after the declaration is issued.
Summoning Parliament	(5) If a declaration of a civil defence emergency is issued at a time when the House of Commons is dissolved, Parliament shall be summoned to sit at the earliest opportunity after the declaration is issued.
Consideration of motion	(6) Where a motion is laid before a House of Parliament as provided in subsection (3), that House shall on the same sitting day on which the motion is laid or at the earliest opportunity after that day, consider and vote on the motion.
Revocation of declaration	(7) If a motion for confirmation of a declaration of a civil defence emergency is negatived by either House of Parliament, the declaration, to the extent that it has not previously expired or been revoked, is revoked effective on the day of the negative vote, and no further action under this section need be taken in the other House with respect to the motion.
Expiration of declaration	(8) A declaration of a civil defence emergency expires at the end of ninety days unless the declaration is previously revoked or continued in accordance with this Act.
	CONSULTATION
Consultation	5. (1) Subject to subsection (2), before the Governor in Council issues, continues or amends a declaration of a civil defence emergency, the lieutenant governor in council of each province in which the direct effects of the emergency occur shall be consulted with respect to any proposed action.
Indication by lieutenant governor in council	(2) The Governor in Council may not issue a declaration of a civil defence emergency where the direct effects of the emergency are confined to, or occur mainly in, one province, unless the lieutenant governor in council of the province has indicated to the Governor in Council that the emergency exceeds the capacity or authority of the province to deal with it.
	CONSTITUTION AND ORGANIZATION OF FORCE
National Civil Defence Force	6. (1) The Minister shall raise and maintain, in accordance with the provisions of this Act, a force to be known as the National Civil Defence Force, which shall be composed of such members as are from time to time recruited or appointed by the Commissioner.
Role of Force	(2) The role of the Force is to supplement and support the functions of existing military, police, health, and other emergency personnel and service providers during times of civil defence emergencies.
Duties	(3) The Force shall carry out the following duties:
	(a) instruct members of the public regarding civil defence and prepare them for a civil defence emergency.
	(b) assist the authorities in carrying out emergency work, including clearing streets, roads, highways, parks and other public places, and disposing of materials that are or may cause a danger to the public;
	(c) set up emergency and first-aid posts and provide first-aid services to victims;
	(d) conduct search and rescue operations;
	(e) disseminate information and give advice;
	(f) take measures to protect life and property, including fire fighting and medical care; and
	(g) execute such other duties as the situation demands or as may be assigned to the Force from time to time.
	COMMISSIONER
Appointment of the Commissioner	7. The Governor in Council shall appoint a Commissioner to be known as the Commissioner of the National Civil Defence Force, who, under the direction of the Minister shall
	(a) promote and support throughout Canada, the development of civil defence planning and management and, in co-operation with provincial and local authorities, facilitate the establishment of the Force;
	(b) promote, develop and maintain civil defence in Canada as an effective voluntary service in support of emergency services;
	(c) promote the role of civil defence in supplementing and supporting emergency services provided to local communities and, for that purpose, develop programs designed to enhance those services;
	(d) promote co-operation and co-ordination of activities between the provinces, to ensure efficiency and economy in their civil defence functions; and
	(e) promote public awareness on issues relating to civil defence.
	ADMINISTRATION OF FORCE BY COMMISSIONER
Administratio n of Force	8. (1) Under the direction of the Minister, the Commissioner shall be responsible for the command, direction and management of the Force and its members.
Additional duties	(2) The Commissioner shall
	(a) recruit and appoint qualified members;
	(b) establish and develop standards relating to civil defence education and training for members;
	(c) improve the knowledge, skill and competence of all members participating in civil defence;
	(d) in co-operation with provincial and local authorities, promote the recruitment of members to perform civil defence work, and establish procedures for their registration, appointment, training and deployment;
	(e) establish, review and maintain codes of conduct for members;
	(f) establish and review the qualifications for becoming a member; and
	(g) advise the Minister on all matters relating to civil defence policy and the future development of civil defence as the Minister may request or as the Commissioner considers appropriate.
Deputy Commissioner	(3) The Governor in Council may appoint a Deputy Commissioner who, under the direction of the Minister, may exercise all the powers conferred on the Commissioner, subject to such limitations as the Minister sees fit.
	QUALIFICATIONS FOR MEMBERSHIP
Qualifications	9. (1) No person shall become a member of the Force unless that person
	(a) is at least eighteen years of age;
	(b) is a Canadian citizen or a permanent resident within the meaning of the Immigration Act;
	(c) is of good character; and
	(d) meets the health and physical requirements that the Commissioner may from time to time establish.
	REGULATIONS
Orders and regulations	10. (1) While a declaration of a civil defence emergency is in effect, the Governor in Council may, on the recommendation of the Minister, make such orders or regulations with respect to the following matters as the Governor in Council believes, on reasonable grounds, are necessary for dealing with the emergency:
	(a) the regulation or prohibition of travel to, from or within any specified area, where necessary for the protection of the health or safety of individuals;
	(b) the evacuation of persons and the removal of personal property from any specified area and the making of arrangements for the adequate care and protection of the persons and property;
	(c) the requisition, use or disposition of property;
	(d) the authorization of or direction to the Commissioner, the Force or members to provide assistance and render essential services; and
	(e) the regulation of the distribution and availability of essential goods, services and resources.
Orders and regulations by Minister	(2) The Governor in Council may authorize the Minister to make orders and regulations subject to such terms and conditions as may be specified by the Governor in Council.
Restriction	(3) Where a declaration of a civil defence emergency specifies that the direct effects of the emergency extend only to a specified area of Canada, the power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation, may be exercised or performed only with respect to that area.
Restriction	(4) The power under subsection (1) to make orders and regulations, and any powers, duties or functions conferred or imposed by or pursuant to any such order or regulation shall be exercised or performed
	(a) in a manner that will not unduly impair the ability of any province to take measures, under an Act of the legislature of the province, for dealing with an emergency in the province; and
	(b) with the view of achieving, to the extent possible, concerted action with each province with respect to which the power, duty or function is exercised or performed.

Bill C-476

BILL C-476