The Emergency and Disaster Management Act (the Act) and the Emergency and Disaster Management Regulation (EDMR) give the Province and local authorities legal authority to use emergency powers. They also outline obligations that must be met, actions that must be performed, and include provisions used across all emergency management phases.
While most provisions of the Act are now law, some features will only become functional once necessary regulations are completed.
This information is provided for convenience and guidance only. It is not a replacement for the Act or legal advice. These tables list key provisions that are currently in effect and those that will become functional after regulations are made. They are not exhaustive and do not include minor technical components.
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In alignment with the United Nations Declaration on the Rights of Indigenous Peoples, the Act recognizes the principle that the right to Indigenous self-government includes authority to make laws in relation to emergency management. This principle in the Act reflects the Province’s respect for First Nations jurisdiction and a rights-based approach to First Nations decision-making in emergency management.
Consistent with the provisions of modern treaties, the Act includes the Nisg̱a’a Nation and Treaty First Nations as local authorities.
The “provincial administrator” is a provincial statutory decision maker designated by the minister. This role is currently filled by the Assistant Deputy Minister of the Response Division of the Ministry of Emergency Management and Climate Readiness, with other ministry officials authorized to exercise powers and perform duties of the provincial administrator consistent with their roles.
|
Entity |
Topic Area |
Component |
Reference |
|---|---|---|---|
|
Minister |
General |
General powers of the minister (e.g., a power to establish standards, make payments for taking emergency measures) |
Part 2 – Division 1 |
|
EMCR Provincial Administrator |
General |
The role and duties of the provincial emergency management organization (i.e., the Ministry of Emergency Management and Climate Readiness) and the provincial administrator |
Part 2 – Division 2 |
|
Province |
General Indigenous Partnership |
Power to enter into a multijurisdictional emergency management organization |
Section 21 |
|
Minister |
General |
Power to enter into emergency measures agreements |
Part 2 – Division 4 |
|
Provincial Administrator |
Response |
Powers relating to authorizing public safety providers, deploying volunteers, and establishing standards to be followed |
Part 2 – Division 5 EDMR Sections 4 and 5 |
|
Minister |
General Indigenous Partnership |
Power to enter into different types of agreements with Indigenous governing bodies |
Part 3 |
|
Provincial Administrator |
Mitigation Preparedness |
Requirement to prepare, maintain and implement a comprehensive province-wide emergency management plan and to consult and cooperate with Indigenous governing bodies on that plan |
Sections 39(1)(a) and 41 |
|
Provincial Administrator |
Mitigation Preparedness |
Requirement to make risk assessments completed by lead ministers and the comprehensive emergency management plan publicly available |
Section 39(4) EDMR Section 6.1 |
|
Ministers |
Mitigation Preparedness |
Requirements for ministers to prepare and maintain risk assessments, emergency management plans, and business continuity plans for specific hazards |
Part 4 – Divisions 2 and 3 EMDR Sections 9 - 11 |
|
Minister Lieutenant Governor in Council |
Response |
Powers related to declaring a state of provincial emergency |
Part 5 – Division 1 |
|
Lieutenant Governor in Council |
Recovery |
Powers related to declaring a provincial recovery period |
Part 5 – Division 2 |
|
Minister Provincial Administrator |
Response Recovery |
Requirements to consider emergency management plans before taking any response or recovery action; powers to coordinate efforts or require others to take response and recovery actions |
Part 5 – Division 3 |
|
Minister |
Response |
Minister response powers, (e.g., evacuations, travel and business restrictions) |
Part 5 – Division 4 |
|
Lieutenant Governor in Council |
Response Recovery |
Lieutenant Governor in Council response and recovery powers |
Part 5 – Divisions 5 and 6 |
|
Minister, Provincial Administrator |
Response Recovery Indigenous Partnership |
Requirements to consult, engage and cooperate with Indigenous governing bodies before taking certain response and recovery actions |
Part 5 – Division 7 |
|
Minister |
Response Recovery |
Reporting requirements (e.g., following the use of response or recovery powers, and following a state of provincial emergency)  |
Part 5 – Division 8 |
|
Minister |
Response Recovery |
Power to restrict a local authority’s exercise of response or recovery powers |
Section 104 |
|
Province |
General |
Requirements on information sharing, confidentiality, and use of Indigenous knowledge |
Part 9 – Division 2 |
Local authorities are defined in the Act as municipalities, regional districts, the Nisg̱a’a Nation, and Modern Treaty Nations. In the table below, references to local governments pertain to municipalities and regional districts only.
|
Entity |
Phase |
Component |
Reference |
|---|---|---|---|
|
Local Authorities |
General Indigenous Partnership |
General powers of a local authority, including the requirement to establish an emergency management organization and its purpose, and powers to designate authority or enter into a multijurisdictional emergency management organization. |
Part 2 – Division 3 |
|
Local Authorities |
Response |
Ability to request ministry assistance with coordinating, deploying, or authorizing the deployment of volunteers in response to a critical incident or an emergency |
Section 32 |
|
Local Authorities |
Response |
Powers related to declaring states of local emergency |
Part 6 – Division 1 |
|
Local Authorities |
Recovery |
Powers related to declaring local recovery periods |
Part 6 – Division 2 |
|
Local Authorities |
Response Recovery |
Requirements to consider emergency management plans before taking any response or recovery action, and to coordinate efforts; power for minister to restrict exercises of power |
Part 6 – Division 3 |
|
Local Authorities |
Response |
Local authority response powers |
Part 6 – Division 4 |
|
Local Authorities |
Response Recovery |
Requirement to consult and coordinate with other local authorities |
Section 108 |
|
Nisga’a Nation Modern Treaty Nations |
Response |
Power for the head of the Nisga’a Nation or Modern Treaty Nation to do all acts and implement all procedures necessary for response |
Section 109 |
|
Local Governments |
Response Recovery |
Powers relating to response and recovery borrowing |
Section 110, Section 119 |
|
Local Authorities |
Recovery |
Local authority recovery powers |
Part 6 – Division 6 |
|
Local Governments |
Response Recovery |
Requirements to consult, engage, and coordinate with Indigenous governing bodies before taking certain response and recovery actions |
Part 6 – Division 7 |
|
Local Governments |
Response Recovery |
Reporting requirements (e.g., following the use of response or recovery powers, following state of local emergency)  |
Section 24, Part 6 – Division 8 |
|
Local Authorities |
General |
Protections against legal proceedings, requirements on information sharing and use of Indigenous knowledge |
Part 9  |
|
Local Authorities |
General Indigenous Partnership |
Requirements to work to reach agreement with Indigenous governing bodies on the areas for consultation and cooperation during response and recovery, for inclusion in in the local authority’s emergency management plans |
Section 179(7)  |
The following provisions will be effective once necessary regulations are completed.
|
Entity |
Phase |
Component |
Reference |
|---|---|---|---|
|
Local Governments |
Mitigation Preparedness |
Requirements to prepare, maintain, and implement:
|
Sections 47, 51-53, 55 |
|
Public Sector Agencies |
Mitigation Preparedness |
Requirements to prepare, maintain, and implement:
|
Sections 46, 51-53, 55, 70, 163 (g) |
|
Critical Infrastructure Owners |
Mitigation Preparedness |
Definition of “critical infrastructure” |
Section 48 |
|
Critical Infrastructure Owners |
Mitigation Preparedness |
Requirements to prepare, maintain, and implement:
|
Sections 49, 51-53, 55, 163(g) |
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