Citation

1   Bylaw No. 1142-2002 may be cited as "Emergency Measures Bylaw, 2002".

Interpretation

2   In this Bylaw, unless the context otherwise requires:

"Act" means the Emergency Program Act;

"City" means all of the area within the boundaries of the City of Abbotsford;

"Emergency Management Coordinator" means the person appointed under Section 3 (c) as head of the Emergency Management Organization;

"Emergency Management Organization" means the Emergency Planning Committee, Emergency Management Coordinator and such other persons appointed and functional groups established, which are charged with emergency preparedness, response and recovery measures;

"Council" means the Abbotsford City Council;

"Declaration of a State of Local Emergency" means a declaration of Council or the Mayor that an emergency exists or is imminent in the City;

"Disaster" means a calamity that:

(a) is caused by accident, fire, explosion or technical failure, or by the forces of nature; and

(b) results in serious harm to the health, safety or welfare of people, or in widespread damage to property.

"Emergency" means a present or imminent event that:

(a) is caused by accident, fire, explosion or technical failure, or by the forces of nature; and

(b) requires prompt coordination of action or special regulation of persons or property, to protect the health, safety or welfare of people or to limit damage to property;

"Minister" means that member of the Executive Council charged by order of the Lieutenant Governor in Council with the administration of the Act;

This Bylaw shall be construed in accordance with the principles contained in, and shall be subject to, the Emergency Program Act, RSBC 1996 Chapter 111, and its regulations.

Emergency Management Organization established

3   (a) An Emergency Planning Committee is appointed to advise and assist Council and shall be composed of:

(i) a member of Council, appointed by Council;

(ii) the City Manager;

(iii) the Emergency Management Coordinator, and Deputy Emergency Coordinator;

(iv) representatives from:

• • the Airport;
• • the City Clerk’s Office;
• • Corporate Services;
• • Development Services;
• • Economic Development and Intergovernmental Relations;
• • Engineering;
• • Fire Rescue Department;
• • Parks, Recreation and Culture;
• • Police Department;
• • Strategic and Community Planning; and

(v) such other members that the Council may from time to time determine.

(b) Subject to the approval of the Council, the Emergency Planning Committee may:

(i) make and amend its terms of reference, policies and procedures;

(ii) enter into agreements with regional districts or other local governments for the purpose of emergency assistance or the formulation of coordinated emergency preparedness, response or recovery; and

(iii) enter into agreements with individuals, bodies, corporations or other non-government agencies for the provision of goods and services.

(c) The Emergency Management Coordinator is appointed, as head of the Emergency Management Organization for the City, to assist with emergency preparedness, response and recovery measures.

B/L 1830-2009

Emergency Planning Committee - duties and responsibilities

4   (a) The Emergency Planning Committee shall annually prepare and present to the Council for review and approval:

(i) a list of hazards to which the City is subject, which indicates the relative risk of occurrence;

(ii) plans respecting the preparation for, response to and recovery from emergencies and disasters, including:

(a) a periodic review and updating of plans and procedures;

(b) a program of emergency response exercises;

(c) a training program;

(d) procedures by which physical and financial emergency resources or assistance may be obtained;

(e) procedures by which emergency plans shall be implemented;

(f) procedures to warn those persons that may be harmed or suffer loss in an emergency or impending disaster;

(g) procedures to coordinate the delivery of food, clothing, shelter, transportation and medical service to victims of emergencies and disasters, from within or outside of the City; and

(h) procedures to establish the priorities to restore essential services provided by the City, or to recommend priorities to other service providers, which are interrupted during an emergency or disaster.

Implementation of local emergency plan

5   The Council, Mayor, or Emergency Management Coordinator may, whether or not a state of local emergency has been declared, cause a local emergency plan or plans to be implemented if, in their opinion, an emergency exists or appears imminent, or a disaster has occurred or threatens the City.

State of local emergency declaration

6   (a)

(i) The Council by Bylaw or resolution, or the Mayor by order, may declare a state of local emergency to deal with an emergency or disaster in any part of the City where the Council or the Mayor is satisfied that an emergency exists or is imminent, and such Bylaw, resolution or order shall identify the nature and location of the emergency.

(ii) Before making a declaration of a state of local emergency, the Mayor shall use best efforts to obtain the consent of the other members of Council to the declaration and shall, as soon as practical after making such a declaration, convene a Council meeting to assist in directing its response to the emergency.

(b) After a declaration of a state of local emergency is made, Council or the Mayor shall:

(i) forward a copy of the declaration to the Minister; and

(ii) cause the details of the declaration, including the powers being implemented, to be published by means of communication, which the Council or Mayor considers most likely to make the contents of the declaration known to the majority of the population of the affected area.

(c) After a declaration of a state of local emergency is made under Section 6(a) in respect of all or any part of the City, and for the duration of the state of local emergency, the Council may do any or all acts and implement procedures that the Council considers necessary to prevent, respond to, or alleviate the affects of an emergency or a disaster, including any or all of the following:

(i) implement the City's local emergency plans;

(ii) acquire or use any real or personal property considered necessary to prevent, respond to, or alleviate the affects of an emergency or disaster;

(iii) authorize or require any person to render assistance of a type that the person is qualified to provide or that otherwise is, or may be required to prevent, respond to, or alleviate the affects of an emergency or disaster;

(iv) control or prohibit travel to or from any part of the City;

(v) provide for the restoration of essential facilities and the distribution of essential supplies, and provide, maintain and coordinate emergency medical, welfare and other essential services in the City;

(vi) cause the evacuation of persons and the removal of livestock, animals and personal property from any part of the City, which is or may be affected by an emergency or disaster and make arrangements for the adequate care and protection of those persons, livestock, animals and personal property;

(vii) authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program, or if otherwise considered by the Council or Mayor to be necessary to prevent, respond to or alleviate the effects of an emergency or disaster;

(viii) cause the demolition or removal of any trees, structures or crops if the demolition or removal is considered by the Council or Mayor to be necessary or appropriate in order to prevent, respond to or alleviate the effects of an emergency or disaster.

(ix) construct works considered by the Council or Mayor to be necessary or appropriate to prevent, respond to or alleviate the effects of an emergency or disaster;

(x) procure, fix prices for or ration food, clothing, fuel, equipment, medical supplies or other essential supplies and the use of any property, services, resources or equipment within any part of the City for the duration of the local state of emergency; and

(xi) authorize the Emergency Management Coordinator to exercise, in any part of the City affected by a declaration of a local state of emergency, those specific powers listed in this Section and assumed by the Council or Mayor.

(d) The Council or Mayor must, when of the opinion that an emergency no longer exists in the City to which a local state of emergency declaration was made:

(i) cancel the state of local emergency declaration in relation to that part:

(a) by Bylaw or resolution, if the cancellation is effected by the Council; or

(b) by order, if the cancellation is effected by the Mayor; and

(ii) promptly notify the Minister of the cancellation of the state of local emergency declaration.

(e) Immediately after the termination of a state of local emergency declaration, Council shall cause the details of the termination to be published by a means of communication that Council considers most likely to make the contents of the termination or the facts of the termination known to the majority of the population of the affected area.

Liability

7   (a) No person, including, without limitation, the Council, the Mayor, members of the Emergency Management Organization, employees of the City of Abbotsford, volunteers, and any other persons appointed, authorized or requested to carry out measures relating to emergencies or disasters, is liable for any loss, cost, expense, damages or injury to persons or property that results from:

(i) the person in good faith doing, or omitting to do, any act that the person is appointed, authorized or required to do under this Bylaw, unless, in doing or omitting to do the act, the person was grossly negligent; or

(ii) any acts done or omitted to be done by one or more of the persons who were, under this Bylaw, appointed, authorized or required by the person to do the acts, unless in appointing, authorizing or requiring those persons to do the acts, the person was not acting in good faith.

Bylaw repealed

8   Bylaw No. 892-99, cited as "Emergency Measures Bylaw, 1999", is repealed.