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## BYLAW NO. 262-2019 OF THE SUMME VILLAGE OF KAPASIWIN
## BEING A BYLAW OF THE SUMMER VILLAGE OF KAPASIWIN IN THE PROVINCE OF ALBERTA FOR THE PURPOSE OF ESTABLISHING A MUNICIPAL EMERGENCY MANAGEMENT BYLAW
WHEREAS Council is responsible for the direction and control of its emergency response and is required to appoint an Emergency Advisory Committee and to establish and maintain a Municipal Emergency Management Agency; and
WHEREAS it is desirable in the public interest, and in the interests of public safety, that such a committee be appointed, and such an agency be established and maintained to carry out Council's statutory powers and obligations under the said Emergency Management Act;
NOW, THEREFORE, The Council of the Summer Village of Kapasiwin, duly assembled, enacts as follows:
1. This Bylaw may be cited as the Municipal Emergency Management Bylaw.
2. In this Bylaw,
3. (a) "Act" means the Emergency Management Act, Chapter E-6.8, Revised Statutes of Alberta 2000;
4. (b) "Council" means the Council of the Summer Village of Kapasiwin;
5. (d) "Disaster" means an event that has resulted or may result in serious harm to the safety, health or welfare of people, or in widespread damage to property;
6. (c) "Director of Emergency Management" means the Director of the Emergency Management Agency.
7. (e) "Emergency Advisory Committee" means the committee established under this Bylaw;
8. (g) "Minister" means the Minister charged with administration of the Act;
9. (f) "Emergency" means a present or imminent event that requires prompt co-ordination of action or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property;
10. (h) "Municipal Emergency Management Agency" means the agency established under this Bylaw; and
11. (i) "Municipal Emergency Management Plan" means the emergency plan prepared by the Director of Emergency Management to co-ordinate response to an emergency or disaster.
3. There is hereby established an Emergency Advisory Committee to advise Council on the development of emergency plans and programs.
4. There is hereby established a Municipal Emergency Management Agency to act as the agent of Council to carry out its statutory powers and obligations under the Act. This does not include the power to declare, renew, or terminate a State of Local Emergency, nor the powers contained in Section 11 of this Bylaw.
14. Council shall
15. (b) provide for the payment of expenses of the members of the Emergency Advisory Committee;
16. (a) by resolution, appoint members to serve on the Emergency Management Advisory Committee;
17. (c) appoint a Chief Administrative Officer who shall act as the Director of Emergency Management
18. (e) approve the Summer Village of Kapasiwin's emergency plans and programs; and
19. (d) ensure that emergency plans and programs are prepared to address potential Emergencies or Disasters in the Summer Village of Kapasiwin;
20. (f) review the status of the Municipal Emergency Management Plan and related plans and programs at
least once each year.
6. Council may:
2. (b) enter into agreements with and make payments or grants, or both, to persons or organizations for the provision of services in the development or implementation of emergency plans or programs, including mutual aid agreements and/or regional plans and programs; and
3. (a) by Bylaw borrow, levy, appropriate and expend, without the consent of the electors, all sums required for the operation of the Municipal Emergency Management Agency; and
4. (c) on the recommendation of the Emergency Advisory Committee, appoint one or more Deputy Directors) of Emergency Management who shall do those things required of the Director of Emergency Management in that person's absence.
5. The Emergency Advisory Committee shall:
6. (b) advise Council, duly assembled, on the status of the Municipal Emergency Management Plan and related plans and at least once each year.
7. (a) review the Municipal Emergency Management Plan and related plans on a regular basis; and
8. The Municipal Emergency Management Agency shall be comprised of one or more of the following:
9. (a) the Director of Emergency Management (C.A.O. of the Summer Village of Kapasiwin);
10. (b) the Deputy Director of Emergency Management;
11. (d) the R.C.M.P. Chief or designate or the N. C.O. in Charge from the local RCMP Detachment;
12. (e) the Fire Chief from Parkland County or designate;
13. (f) the Public Works Foreman of the Summer Village of Kapasiwin or designate;
14. (g) Peace Officers from Parkland County or designates;
15. (h) Bylaw Enforcement Officers; and
16. (i) anybody else who might serve a useful purpose in the preparation or implementation of the Municipal Emergency Plan.
9. The Director of Emergency Management shall:
18. (b) act as director of emergency operations, or ensure that someone is designated under the Municipal Emergency Plan to so act, on behalf of the Municipal Emergency Management Agency; and
19. (a) prepare and co-ordinate the Municipal Emergency Management Plan and related plans for the Summer Village of Kapasiwin;
20. (c) authorize and co-ordinate all emergency services and other resources required during an Emergency; or
21. (d) delegate duties and tasks as necessary to ensure conformance with paragraphs (a), (b), and (c).
10. The power to declare or renew a State of Local Emergency, the powers specified in Section 11 of this Bylaw, and the requirement specified in Section 14 of this Bylaw, are hereby delegated to the Mayor, or, in his or her absence, the Deputy Mayor or in his or her absence any one member of Council. He, she or they may, at any time, when he, she or they are satisfied that an Emergency exists or may exist, make a declaration of a State of Local Emergency.
11. When a State of Local Emergency is declared, the person[s] making the declaration shall:
24. (b) cause the details of the declaration to be published immediately by such means of communication considered most likely to notify the population of the area affected; and
25. (a) ensure that the declaration identifies the nature of the Emergency and the area of the Village in which it exists;
- (c) forward a copy of the declaration to the Minister forthwith.
12. Subject to Section 14, when a State of Local Emergency is declared, the local authority making the declaration may do all acts and take all necessary proceedings including the following:
- (a) cause the Municipal Emergency Plan or any related plans or programs to be put into operation;
- (b) acquire or utilize any real or personal property considered necessary to prevent, combat or alleviate the effects of an Emergency or Disaster;
- (c) authorize or require any qualified person to render aid of a type he or she is qualified to provide;
- (d) control or prohibit travel to or from any area of the Village;
- (f) cause the evacuation of persons and the removal of livestock and personal property from any area of the Village that is or may be affected by a disaster and make arrangements for the adequate care and protection of those persons or livestock and of the personal property;
- (e) provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and co-ordinate emergency medical, welfare and other essential services in any part of the Village;
- (g) authorize the entry into any building or on any land, without warrant, by any person in the course of implementing a Municipal Emergency Management Plan;
- (h) cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary or appropriate in order to reach the scene of a Disaster, or to attempt to forestall its occurrence or to combat its progress;
- (i) procure or fix prices for food, clothing, fuel, equipment, medical supplies, or other essential supplies and the use of any property, services, resources or equipment within the Village for the duration of the State of Local Emergency;
- (j) authorize the conscription of persons needed to meet an emergency; and
- (k) authorize any persons at any time to exercise, in the operation of the Municipal Emergency Management Plan and related plans or programs, any power specified in Paragraphs (b) through (i) in relation to any part of the municipality affected by a declaration of a State of Local Emergency.
13. When a State of Local Emergency is declared,
- (a) neither Council nor any member of Council, and
- (b) no person appointed by Council to carry out measures relating to emergencies or disasters, are liable for anything done or omitted to be done in good faith while carrying out a power or duty under this Bylaw, nor are they subject to any proceedings by prohibition, certiorari, mandamus or injunction.
14. When, in the opinion of the Mayor, or, in his or her absence, the Deputy Mayor or in his or her absence any one member of Council declaring the State of Local Emergency, an Emergency no longer exists in relation to which the declaration was made, the Mayor, or, in his or her absence, the Deputy Mayor or in his or her absence any one member of Council shall terminate the declaration.
15. A declaration of a State of Local Emergency is considered terminated and ceases to be of any force or effect when:
- (a) it is cancelled under Section 14;
- (b) the Lieutenant Governor in Council makes an order for a state of emergency under the Act, relating to the same area; or
- (c) the Minister cancels the State of Local Emergency.
16. When a declaration of a State of Local Emergency has been terminated, the Mayor, or, in his or her absence, the
Deputy Mayor or in his or her absence any one member of Council who made the declaration shall cause the details of the termination to be published immediately by such means of communication considered most likely to notify the population of the area affected.
17. This Bylaw comes into force on the day it is finally passed.
Read a first time thisd/ day of Nüvember 2019.
Read a second time this 5tday of December 2019.
Read a third and final time this 5 day of December 2019.
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Drille
Emaly duar
Chief Administrative Officer