Bill C-78
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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
house of commons of canada
BILL C-78
An Act to provide for emergency management and to amend and repeal certain Acts
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 Emergency Management Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“emergency management”
« gestion »
« gestion »
“emergency management” means the prevention and mitigation of, preparedness for, response to and recovery from emergencies.
“emergency management plan”
« plan de gestion des urgences »
« plan de gestion des urgences »
“emergency management plan” means a program, arrangement or other measure
(a) for dealing with an emergency by the civil population; or
(b) for dealing with a civil emergency by the Canadian Forces in accordance with the National Defence Act.
“government institution”
« institution fédérale »
« institution fédérale »
“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.
“Minister”
« ministre »
« ministre »
“Minister” means the Minister of Public Safety and Emergency Preparedness.
“provincial emergency”
« urgence provinciale »
« urgence provinciale »
“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.
RESPONSIBILITIES OF THE MINISTER
Ministerial responsibilities — general
3. The 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 — Canada
4. (1) The Minister’s responsibilities under section 3 include
(a) establishing policies, programs and other measures respecting the preparation, maintenance, testing and implementation by a government institution of emergency management plans;
(b) providing advice to a government institution respecting the preparation, maintenance, testing and implementation of emergency management plans;
(c) analysing and evaluating emergency management plans prepared by government institutions;
(d) monitoring potential, imminent and actual emergencies and advising other ministers accordingly;
(e) coordinating the Government of Canada’s response to an emergency;
(f) 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;
(g) 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;
(h) 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;
(i) providing assistance other than financial assistance to a province if the province requests it;
(j) providing financial assistance to a province if
(i) a provincial emergency in the province has been declared to be of concern to the federal government under section 7,
(ii) the Minister is authorized under that section to provide the assistance, and
(iii) the province has requested the assistance;
(k) participating, in accordance with Canada’s foreign relations policies, in international emergency management activities;
(l) establishing the necessary arrangements for the continuity of constitutional government in the event of an emergency;
(m) establishing policies and programs respecting emergency management;
(n) conducting exercises and providing education and training related to emergency management;
(o) promoting a common approach to emergency management, including the adoption of standards and best practices;
(p) conducting research related to emergency management;
(q) promoting public awareness of matters related to emergency management; and
(r) facilitating the authorized sharing of information in order to enhance emergency management.
Other responsibilities
(2) The Minister has any other responsibilities in relation to emergency management that the Governor in Council may specify.
Responsibilities — United States
5. In 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.
RESPONSIBILITIES OF MINISTERS
Responsibilities of ministers
6. (1) The 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:
(a) prepare emergency management plans in respect of those risks;
(b) maintain, test and implement those plans; and
(c) conduct exercises and training in relation to those plans.
Contents of emergency management plans
(2) Each minister shall include in an emergency management plan
(a) any programs, arrangements or other measures to assist provincial governments and, through the provincial governments, local authorities;
(b) any federal-provincial regional plans;
(c) any programs, arrangements or other measures to provide for the continuity of the operations of the government institution in the event of an emergency; and
(d) in the case of war or other armed conflict, the programs, arrangements or other measures that
(i) support the overall defence effort,
(ii) support the Canadian Forces and the armed forces of Canada’s allies in the conduct of military operations,
(iii) contribute to meeting Canada’s military and civil wartime obligations to its allies, and
(iv) mitigate the effects of foreign armed conflict on Canada.
Provincial emergencies
(3) A 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 REGULATIONS
Orders or regulations
7. The Governor in Council may on the recommendation of the Minister make orders or regulations
(a) respecting the preparation, maintenance, testing and implementation of emergency management plans;
(b) respecting the use of federal civil resources in response to civil emergencies;
(c) declaring a provincial emergency to be of concern to the federal government; and
(d) authorizing the Minister to provide financial assistance to a province under paragraph 4(1)(j).
AMENDMENTS
R.S., c. A-1
Access to Information Act
8. (1) Subsection 20(1) of the Access to Information Act is amended by adding the following after paragraph (b):
(b.1) information supplied to a government institution by a third party for the preparation, maintenance, testing or implementation by the government institution of emergency management plans within the meaning of section 2 of the Emergency Management Act and that is about the vulnerability of the third party’s buildings or other structures, its networks or systems, including its computer or communications networks or systems, or the methods used to protect any of those buildings, structures, networks or systems;
(2) Subsection 20(6) of the Act is replaced by the following:
Disclosure authorized if in public interest
(6) The head of a government institution may disclose all or part of any record requested under this Act that contains information described in any of paragraphs (1)(b) to (d) if
(a) that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment; and
(b) the public interest in disclosure clearly outweighs in importance any financial loss or gain to a third party, any prejudice to the security of its structures, networks or systems, any prejudice to its competitive position or any interference with its contractual or other negotiations.
2005, c. 10
Department of Public Safety and Emergency Preparedness Act
9. Subsection 4(2) of the Department of Public Safety and Emergency Preparedness Act is replaced by the following:
National leadership
(2) The Minister is responsible for exercising leadership at the national level relating to public safety and emergency preparedness.
REPEAL
Repeal
10. The Emergency Preparedness Act, chapter 6 of the 4th Supplement to the Revised Statutes of Canada, 1985, is repealed.
COMING INTO FORCE
Order in council
11. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Explanatory Notes
Access to Information Act
Clause 8: (1) Relevant portion of subsection 20(1):
20 (1) Subject to this section, the head of a government institution shall refuse to disclose any record requested under this Act that contains
(2) Existing text of subsection 20(6):
(6) The head of a government institution may disclose any record requested under this Act, or any part thereof, that contains information described in paragraph (1)(b), (c) or (d) if that disclosure would be in the public interest as it relates to public health, public safety or protection of the environment and, if the public interest in disclosure clearly outweighs in importance any financial loss or gain to, prejudice to the competitive position of or interference with contractual or other negotiations of a third party.
Department of Public Safety and Emergency Preparedness Act
Clause 9: Existing text of subsection 4(2):
(2) The Minister shall, at the national level, exercise leadership relating to public safety and emergency preparedness.