Modernized emergency management legislation

Last updated on September 20, 2024

Welcome to the information hub for the Emergency and Disaster Management Act (EDMA) that replaced the Emergency Program Act (EPA) on November 8, 2023. This is where we will post updates related to the new legislation to help navigate the changes.

The updated legislation reflects the realities of the modern world including global pandemics, security threats and climate change, and shifts from focusing on emergency response to the four phases of emergency management: mitigation, preparation, response, and recovery.

Subscribe to this page for the latest news. If you have additional questions, please contact modernizeEM@gov.bc.ca.

Resources

New materials are being added on a regular basis. Subscribe to this page to be notified when new materials are added.

Guidance documents

Indigenous Engagement Requirements (IER) Interim Guidance (PDF, 1.2MB)
This is intended to support regulated entities (including certain provincial ministries, municipalities, regional districts, prescribed critical infrastructure owners and public sector agencies) with understanding and implementing the Indigenous engagement requirements included in the EDMA and build relationships with Indigenous governing bodies.  

State of Local Emergency (SOLE) guidance and templates
Emergency program staff and officials must be prepared to declare a state of local emergency in response to an emergency. The guide and templates have been updated to guide the process.

Evacuation guidance and templates
Once a state of local emergency has been declared, emergency program staff and officials should be prepared to evacuate areas if needed. The guides and templates have been updated to reflect the EDMA requirements, and new two-page checklists have been developed to support the different processes.

Local Recovery Period (LRP) guidance and templates
If a local authority is ready to transition out of a state of local emergency, a local recovery period can provide continued access to certain emergency powers to support recovery from the emergency. The guide and templates support this process and provide information on when a local recovery period may/may not be necessary.

Response and Recovery Powers (PDF, 386KB)
This is an overview of powers available under the Emergency and Disaster Management Act during emergency response and recovery.

Post-Event Reporting by Local Authorities 
The guide provides an overview of reporting requirements for local authorities after the expiry or cancellation of a state of local emergency or local recovery period. The template outlines specific reporting requirements.

Factsheets

Indigenous Engagement Requirements Summary (PDF, 204KB)
Overview of Indigenous engagement requirements (IER) for local authorities. See the IER Interim Guidance above for more details.

When Does B.C.’s New Emergency Management Legislation Come into Effect? (PDF, 183KB)
This provides information on key components of the Emergency and Disaster Management Act now in force and those coming into effect through regulations.

Multijurisdictional Emergency Management Organizations (PDF, 152KB)
This introduces the concept of how multiple jurisdictions can formally collaborate on emergency management.

Definition of Emergency (PDF, 190KB)
This explains the updated definition of emergency.

Videos

New Emergency and Disaster Management Act introduced provides an overview of the Act.

New Emergency and Disaster Management Act – Risk assessments provides an overview of new requirements related to risk assessments.

New Emergency and Disaster Management Act – Recovery period provides an overview of the new recovery tool available to local authorities.

Webinars were recorded between July and September 2023, and provide an overview of key policy concepts included in the EDMA.

Overview of the new legislation

Since adopting the United Nations Sendai Framework for Disaster Risk Reduction in 2018, the Province has worked towards modernizing B.C.’s emergency management legislation. The process has included consultation and cooperation with First Nations, engagement with Indigenous partners, collaboration with other ministries, local authorities, critical infrastructure owners and public sector agencies, and broad public engagement activities.

The new Act takes a proactive approach that reflects all four phases of emergency management: mitigation, preparation, response, and recovery.

Development of regulations 

To support the new legislation, the Province is working to update and develop regulations in key areas. Regulations are being developed in consultation and cooperation with First Nations, and informed by engagement with Indigenous organizations, provincial ministries, municipalities, regional districts, critical infrastructure owners, public sector agencies, service providers, emergency management practitioners and the public.

This work will be phased over several years.

Completed regulations

On July 8, 2024, new regulations were introduced that, in summary:

  • require certain government ministries to prepare hazard-specific risk assessments and emergency management plans
  • make rules to establish areas for the purpose of the term “treaty area”,  which sets out areas where Modern Treaty Nations need to be consulted and cooperated with and where certain agreements can be entered into with them
  • bring into effect continuity planning obligations for other parts of government, including the Legislative Assembly, the Executive Council (i.e., Cabinet), and the office of the Lieutenant Governor

The full text of these regulations can be found in Order in Council 435/2024 on BC Laws website.

Under development

Core areas for future regulations and anticipated timing for implementation:

  • Local authority emergency management: To bring into effect requirements for risk assessments, emergency management plans and business continuity plans, as well as potentially provide further details on multijurisdictional emergency management organizations, anticipated mid-2025
  • Post-emergency financial assistance: To replace the current Compensation and Disaster Financial Assistance Regulation, anticipated in 2025
  • Critical infrastructure emergency management: To establish requirements to complete risk assessments, emergency management plans and business continuity plans, targeting 2026
  • Compliance and enforcement: To complete the legislative framework for compliance and enforcement, targeting 2026

Once regulations are in force, additional time will be provided to regulated entities to meet new emergency management planning requirements.

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General overview 

 

Key terminology

The modernized legislation includes updated terms and concepts. 

Key terminology

Term

Description

Comprehensive Emergency Management Plan (CEMP)
  • CEMP means the emergency management plan for the B.C. provincial government
  • CEMP includes hazard-specific emergency management plans prepared by certain provincial government ministries

Critical incidents
  • incidents that require prompt coordination of action and are beyond the capacity of responsible emergency service providers
  • does not include emergencies for which a declaration of a state of provincial emergency or a declaration of a state of local emergency has been made

Emergency
  • updated to recognize new factors such as terrorism or security threats
  • reflects that prompt coordination of action or special regulation of persons may be needed to protect objects or sites of heritage value
  • see Definition of Emergency (PDF, 190KB) factsheet for more information

Indigenous governing bodies
  • the Emergency and Disaster Management Act uses the same definition of Indigenous governing body as the Declaration on the Rights of Indigenous Peoples Act
  • the Province and regulated entities must consult and cooperate with Indigenous governing bodies ahead of, or as part of, taking certain actions under the Emergency and Disaster Management Act
  • Indigenous governing bodies can enter into agreements with the Province

Intersectional disadvantage
  • the intersection of social categorizations of persons or classes of persons, including Indigenous identity, race, economic status, sex, sexual orientation, gender identity and expression, age and ability, in ways that may result in overlapping systems of discrimination or disadvantage or disproportionate adverse effects
  • this term is defined to ensure emergency management plans are inclusive and address unique challenges for individuals with diverse backgrounds, identities, and experiences

Regulated entities
  • includes provincial government ministries, local authorities (municipalities, regional districts and Modern Treaty Nations), critical infrastructure owners, and public sector agencies

 Note: The information in the above table is for convenience and guidance and is not a replacement for the legislation.

 

Guiding principles

Guiding principles establish a framework for collaboration between different levels of government, reflect the Sendai framework, and acknowledge the relationship between climate change and emergency management.

The principles also recognize that Indigenous peoples’ inherent right of self-government includes the authority to make laws in relation to emergency management.

 

Co-management and shared decision-making

In alignment with the Declaration on the Rights of Indigenous Peoples Act, and in recognition that Indigenous peoples have the right of self-determination, Indigenous governing bodies (PDF) are recognized as decision-makers in emergency management.

The legislation enables agreements with Indigenous governing bodies for joint or consent-based decision-making, using a framework established by the Declaration on the Rights of Indigenous Peoples Act.

The legislation also authorizes agreements with Indigenous governing bodies to coordinate the exercise of emergency powers as well as plans, policies and programs related to the response and recovery phases.

To promote cooperation and collaboration, the Province may enter into other forms of emergency management agreements with Indigenous governing bodies or Indigenous entities.  

Recognizing the benefits of sharing emergency management responsibilities, local authorities, Indigenous governing bodies, and the Province may create or join multijurisdictional emergency management organizations.

 

Consultation and cooperation with Indigenous governing bodies

The provincial government, municipalities, regional districts, critical infrastructure owners and public sector agencies will be required to consult and cooperate with Indigenous governing bodies in the preparation phase when emergency management planning regulations are phased in.

During the response and recovery phases, consultation and cooperation is required before the Province or a local authority uses certain land- or property-based response or recovery powers.

For more information, see the Indigenous Engagement Requirements Interim Guidance (PDF, 1MB).

 

Includes and protects Indigenous knowledge

The legislation recognizes the value and importance of Indigenous knowledge. 

All risk assessments and emergency management plans required by the Act must include any available Indigenous knowledge.

The legislation includes confidentiality protections for Indigenous knowledge to ensure that if it is provided in confidence, it is only disclosed if certain conditions are met.

 

Mitigating disproportionate impacts of emergencies and promoting cultural safety

In developing the legislation, the Province heard about the importance of recognizing the disproportionate impacts of emergencies on different people, places, and things.

We also heard about the need for emergency management to help combat discrimination and ensure services are culturally safe.

In response to this feedback, risk assessments and emergency management plans will need to consider factors such as the physical proximity of people, animals, places, or things to hazards or environmental factors such as the types of structures people live or work in.

They will also need to be sensitive to other considerations such as age, disability, socioeconomic status, or susceptibility to discrimination in relation to factors including racialized status, gender identity, or sexual orientation.

Emergency management plans will need to describe measures to mitigate disproportionate impacts and promote cultural safety.

Clearer roles and responsibilities 

The Emergency and Disaster Management Act recognizes the concurrent and overlapping roles of decision-makers within the provincial government, local authorities, and Indigenous governing bodies. It also includes roles for critical infrastructure owners and volunteers.

 

Changes for local authorities

  • States of local emergency can be declared for 14 days before a renewal is required
  • New renewable 90-day recovery period
  • Ability to create and/or join a multijurisdictional emergency management organization
  • Updated planning and risk assessment requirements will be brought into effect through regulations
  • New requirements to consult and cooperate with Indigenous governing bodies
  • In addition to municipalities and regional districts, the definition of local authority now includes the Nisga’a Nation and Treaty First Nations
 

Inclusion of volunteers

The legislation provides liability protection and employment protection for certain volunteers.

It also authorizes the Province to establish standards, protocols, and procedures for volunteers that respond to critical incidents or emergencies.

 

Future roles for critical infrastructure owners

When regulations are made, designated critical infrastructure owners may be required to prepare risk assessments, emergency management plans, and/or business continuity plans and provide these documents to the provincial administrator.

The Minister may order critical infrastructure owners to take mitigation or preparation actions and will be able to take steps to ensure the coordination of critical infrastructure owners during the response and recovery phases.

Requirements for critical infrastructure owners are not currently in place and will be brought into effect through future regulations.

 

Timeline

There is more work to come in implementing the Emergency and Disaster Management Act and developing the supporting regulations.

The following is a year-by-year breakdown of the progress to date, and near-term plans, in this modernization.

Key dates
Year Activities
2025 and beyond
  • as part of the phased implementation, the Province is developing regulations that are anticipated to be introduced through 2026 with some elements of both the Emergency and Disaster Management Act and supporting regulations phased in over time 
  • continued development of policy and guidance to support implementation of the new Act and regulations 
  • five-year review of the Act (must be initiated before November 8, 2028)
2024
  • ongoing development of regulations which will be phased in over time
  • continued focus on consultation and cooperation with First Nations in the development of regulations
  • broad engagement to help inform the development of regulations for local authority emergency management and post-emergency financial assistance was conducted between October 12, 2023 and January 31, 2024. Read about the engagement or read the summary of engagement (PDF, 25.3MB) on local authority emergency management
  • the Emergency and Disaster Management Regulation was amended effective July 8, 2024.
  • continued development of policy and guidance to support implementation of the Emergency and Disaster Management Act by emergency management practitioners, local authorities, volunteer and community organizations, and the public
2023
2022
  • continued drafting work, including frequent discussions, consultations and coordination with all partners
  • the Province established the Ministry of Emergency Management and Climate Readiness, providing structure, focus and people to support the increasing importance of emergency management
2021
  • initial work on drafting new legislation begins 
2020
  • feedback from the discussion paper incorporated into a What We Heard Report (PDF, 3.58 MB), released in August 
  • input from initial COVID-19 experiences of all partners was solicited for further consideration in fall 2020
2019
  • commitment to broad public engagement to ensure feedback is considered
  • meetings conducted with First Nations, Indigenous organizations, municipalities, regional districts, Crown corporations, provincial and federal ministries, and other partners with a role in emergency management 
  • early modernization vision outlined in a discussion paper called Modernizing BC’s Emergency Management Legislation (PDF, 3.4 MB)
2018
  • B.C. adopted the Sendai Framework for Disaster Risk Reduction 2015-2030, a United Nations document outlining emergency management best practices