Emergency management legislation in effect

Last updated on November 13, 2025

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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Indigenous governing bodies

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.

Provincial powers and requirements

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.

Provisions in effect

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 authority powers and requirements

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.

Provisions in effect

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)  

Functional after regulations

The following provisions will be effective once necessary regulations are completed.

Provisions not yet in effect

Entity 

Phase 

Component 

Reference 

Local Governments

Mitigation

Preparedness 

Requirements to prepare, maintain, and implement: 

  • risk assessments for hazards within their jurisdiction 
  • emergency management plans
  • business continuity plans

Sections 47, 51-53, 55 

Public Sector Agencies 

Mitigation

Preparedness 

Requirements to prepare, maintain, and implement: 

  • risk assessments for specific hazards  
  • emergency management plans
  • business continuity plans   

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: 

  • risk assessments for specific hazards  
  • emergency management plan 
  • business continuity plans  

Sections 49, 51-53, 55, 163(g)