Emergency Readiness Act, 2002, S.O. 2002, c. 14 - Bill 148

• Jurisdiction: Ontario
• Bill Number: 148
• Date: 19 November 2002

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 148 and does not form part of the law. Bill 148 has been enacted as Chapter 14 of the Statutes of Ontario, 2002.

The Bill enacts the Declarations of Death Act, 2002 and amends the Emergency Plans Act.

Declarations of Death Act, 2002

The proposed Act provides a new process for obtaining a court order declaring that a person is dead, in circumstances where no physical evidence is available but it is reasonable to presume death. The proposed Act will allow a single application to be brought for all legal purposes. Currently it is necessary to bring separate court proceedings for different purposes such as probating a will, claiming life insurance proceeds or permitting a surviving spouse to remarry.

Consequential amendments are made to the Courts of Justice Act, the Insurance Act, the Marriage Act and the Registry Act.

aMENDMENTS TO THE
eMERGENCY pLANS ACT

The Bill changes the name of the Emergency Plans Act to the Emergency Management Act and amends the Act as follows:

1. It requires municipalities, ministers of the Crown and designated agencies, boards, commissions and other branches of government to develop and implement emergency management programs, consisting of emergency plans, training programs and exercises, public education and any other element prescribed by regulation. The development of emergency management programs must involve the identification and assessment of the various risks and hazards to public safety that could give rise to emergencies and the identification of facilities and other elements of the infrastructure at risk from emergencies.

2. Municipalities, ministers of the Crown and designated agencies, boards, commissions and other branches of government are required to conduct training programs and exercises to ensure their readiness to act under their emergency plans. They are also required to review and, if necessary, revise their emergency plans annually.

3. The current Act permits municipalities to formulate emergency plans. The amendments to the Act make it mandatory that every municipality formulate an emergency plan. Section 9 of the current Act sets out the features that may be included in an emergency plan. The amendments to the Act make these features mandatory elements of emergency plans.

4. The title of the Director, Emergency Measures Ontario is changed to Chief, Emergency Management Ontario. Under the current Act, the Director is responsible for monitoring, co-ordinating and assisting in the formulation and implementation of emergency plans. The amendments make the Chief responsible for these functions in respect of emergency management programs. In addition, all emergency plans are to be submitted to the Chief for safe-keeping.

5. The Lieutenant Governor in Council is empowered, on the recommendation of the Attorney General, to temporarily suspend the operation of a provision of a provincial statute, regulation, rule, by-law or order to facilitate providing assistance to victims of an emergency or to help the victims and general public deal with the emergency and its aftermath. The temporary suspension may be imposed on provisions that establish limitation periods, provide for benefits or compensation payable as a result of the emergency or require the payment of court fees or fees for anything done in the administration of justice.

6. The current Act requires the Lieutenant Governor in Council to formulate an emergency plan respecting nuclear emergencies. The Bill gives the Solicitor General the power to formulate emergency plans respecting other types of emergencies.

CHAPTER 14

An Act to provide for
declarations of death in certain
circumstances and to amend the
Emergency Plans Act

Assented to November 19, 2002

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Declarations of Death Act, 2002

1. The Declarations of Death Act, 2002, as set out in the Schedule, is hereby enacted.

Amendments to the
Emergency Plans Act

2. The title of the Emergency Plans Act is repealed and the following substituted:

Emergency Management Act

3. (1) Section 1 of the Act, as amended by the Statutes of Ontario, 1999, chapter 12, Schedule P, section 3, is amended by adding the following definition:

“emergency management program” means a program developed under section 2.1 or 5.1; (“programme de gestion des situations d’urgence”)

(2) The definition of “emergency plan” in section 1 of the Act is repealed and the following substituted:

“emergency plan” means a plan formulated under section 3, 6, 8 or 8.1; (“plan de mesures d’urgence”)

4. The Act is amended by adding the following section:

Municipal emergency management programs

2.1 (1) Every municipality shall develop and implement an emergency management program and the council of the municipality shall by by-law adopt the emergency management program.

Same

(2) The emergency management program shall consist of,

(a) an emergency plan as required by section 3;

(b) training programs and exercises for employees of the municipality and other persons with respect to the provision of necessary services and the procedures to be followed in emergency response and recovery activities;

(c) public education on risks to public safety and on public preparedness for emergencies; and

(d) any other element required by the standards for emergency management programs set under section 14.

Hazard and risk assessment and
infrastructure identification

(3) In developing its emergency management program, every municipality shall identify and assess the various hazards and risks to public safety that could give rise to emergencies and identify the facilities and other elements of the infrastructure that are at risk of being affected by emergencies.

Confidentiality for defence reasons

(4) Subject to subsection (5), a head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, may refuse under that Act to disclose a record if,

(a) the record contains information required for the identification and assessment activities under subsection (3); and

(b) its disclosure could reasonably be expected to prejudice the defence of Canada or of any foreign state allied or associated with Canada or be injurious to the detection, prevention or suppression of espionage, sabotage or terrorism.

Same

(5) A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not disclose a record described in subsection (4),

(a) if the institution is a municipality and the head of the institution is not the council of the municipality, without the prior approval of the council of the municipality;

(b) if the institution is a board, commission or body of a municipality, without the prior approval of the council of the municipality or, if it is a board, commission or body of two or more municipalities, without the prior approval of the councils of those municipalities.

Confidentiality of third party information

(6) A head of an institution, as defined in the Municipal Freedom of Information and Protection of Privacy Act, shall not, under that Act, disclose a record that,

(a) contains information required for the identification and assessment activities under subsection (3); and

(b) reveals a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence implicitly or explicitly.

Meetings closed to public

(7) The council of a municipality shall close to the public a meeting or part of a meeting if the subject matter being considered is the council’s approval for the purpose of subsection (5).

Application of Municipal Freedom of Information
and Protection of Privacy Act

(8) Nothing in this section affects a person’s right of appeal under section 39 of the Municipal Freedom of Information and Protection of Privacy Act with respect to a record described in this section.

5. (1) Subsections 3 (1) and (2) of the Act are repealed and the following substituted:

Municipal emergency plan

(1) Every municipality shall formulate an emergency plan governing the provision of necessary services during an emergency and the procedures under and the manner in which employees of the municipality and other persons will respond to the emergency and the council of the municipality shall by by-law adopt the emergency plan.

(2) Subsection 3 (4) of the Act is repealed and the following substituted:

Specific emergencies may be designated

(4) The Lieutenant Governor in Council may designate a municipality to address a specific type of emergency in its emergency plan and, if so required, the municipality shall include the type of emergency specified in its emergency plan.

(3) Section 3 of the Act is amended by adding the following subsections:

Training and exercises

(5) Every municipality shall conduct training programs and exercises to ensure the readiness of employees of the municipality and other persons to act under the emergency plan.

Review of plan

(6) Every municipality shall review and, if necessary, revise its emergency plan every year.

6. Section 5 of the Act is repealed and the following substituted:

Where emergency plan to have no effect

5. The emergency plan of an area municipality in a district or regional municipality or the County of Oxford, as the case may be, shall conform to the emergency plan of the district or regional municipality or the County of Oxford, as the case may be, and has no effect to the extent of any inconsistency.

7. The Act is amended by adding the following section:

Emergency management programs of provincial
government bodies

5.1 (1) Every minister of the Crown presiding over a ministry of the Government of Ontario and every agency, board,...