Bill C-12

55-56 ELIZABETH II

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CHAPTER 15

An Act to provide for emergency management and to amend and repeal certain Acts

[Assented to 22nd June, 2007]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Emergency Management Act.

INTERPRETATION

2. The following definitions apply in this Act.

“emergency management” means the prevention and mitigation of, preparedness for, response to and recovery from emergencies.

“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” 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” means the Minister of Public Safety and Emergency Preparedness.

“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.

MINISTER’S RESPONSIBILITIES

3. The Minister is responsible for exercising leadership relating to emergency management in Canada by coordinating, among government institutions and in cooperation with the prov-inces and other entities, emergency management activities.

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 government institutions 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 prov-ince 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.

(2) The Minister has any other responsibilities in relation to emergency management that the Governor in Council may specify.

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.

MINISTERS’ RESPONSIBILITIES

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.

(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.

(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

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).

RELATED AMENDMENTS

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 that is supplied in confidence 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 concerns 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:

(6) The head of a government institution may disclose all or part of a record requested under this Act that contains information described in any of paragraphs (1)(b) to (d) if

(a) the 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.

9. Subsection 27(1) of the Act is replaced by the following:

27. (1) If the head of a government institution intends to disclose a record requested under this Act that contains or that the head has reason to believe might contain trade secrets of a third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by a third party, or information the disclosure of which the head can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of a third party, the head shall make every reasonable effort to give the third party written notice of the request and of the head’s intention to disclose within 30 days after the request is received.

10. The portion of subsection 35(2) of the Act after paragraph (b) is replaced by the following:

(c) a third party if

(i) the Information Commissioner intends to recommend the disclosure under subsection 37(1) of all or part of a record that contains — or that the Information Commissioner has reason to believe might contain — trade secrets of the third party, information described in paragraph 20(1)(b) or (b.1) that was supplied by the third party or information the disclosure of which the Information Commissioner can reasonably foresee might effect a result described in paragraph 20(1)(c) or (d) in respect of the third party, and

(ii) the third party can reasonably be located.

However no one is entitled as of right to be present during, to have access to or to comment on representations made to the Information Commissioner by any other person.

Department of Public Safety and Emergency Preparedness Act

11. Subsection 4(2) of the Department of Public Safety and Emergency Preparedness Act is replaced by the following:

(2) The Minister is responsible for exercising leadership at the national level relating to public safety and emergency preparedness.

COORDINATING AMENDMENT

12. If Bill C-2, introduced in the 1st session of the 39th Parliament and entitled the Federal Accountability Act, receives royal assent, then, on the later of the day on which section 154 of that Act comes into force and the day on which section 1 of this Act comes into force — or, if those days are the same day, then on that day — paragraph 35(2)(c) of the French version of the Access to Information Act is replaced by the following:

REPEAL

13. The Emergency Preparedness Act, chapter 6 of the 4th Supplement to the Revised Statutes of Canada, 1985, is repealed.

COMING INTO FORCE

14. This Act other than section 12 comes into force on a day to be fixed by order of the Governor in Council.