Acts and Regulations

83-71 - Disaster Assistance to Municipalities

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 83-71
under the
Emergency Measures Act
(O. C. 83-377)
Filed April 29, 1983
Under section 25 of the Emergency Measures Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Disaster Assistance to Municipalities Regulation - Emergency Measures Act.
2In this Regulation
“Act” means the Emergency Measures Act;(loi)
“chargeable assistance” includes(aide sujette à facturation)
(a) the services of provincial government personnel who are not full-time staff members of the New Brunswick Emergency Measures Organization,
(b) the materials and equipment supplied by provincial government departments other than the New Brunswick Emergency Measures Organization, and
(c) the services, materials and equipment made available from sources other than provincial government personnel and departments;
“non-chargeable assistance” includes(aide non sujette à facturation)
(a) assistance from full-time staff members of the New Brunswick Emergency Measures Organization;
(b) emergency social services from the Department of Social Development;
(c) emergency health services from the Department of Health, including emergency health supplies and emergency feeding equipment; and
(d) rescue equipment from the Department of Natural Resources and Energy Development.
90-166; 2000, c.26, s.103; 2004, c.20, s.20; 2006, c.16, s.57; 2008, c.6, s.12; 2008, c.6, s.12; 2016, c.37, s.60; 2018-38; 2019, c.29, s.173
3(1)Subject to subsection (2), municipalities may, in the manner prescribed in section 4, obtain assistance from the Government of New Brunswick when a state of emergency has been declared to exist pursuant to the Act.
3(2)The assistance referred to under subsection (1) shall be confined to those measures considered necessary by the Director of the Emergency Measures Organization to aid municipalities in dealing with the immediate effects of a disaster.
3(3)Requests to the Government of New Brunswick for financial aid to assist in
(a) the rehabilitation of persons or property after a state of emergency has been terminated pursuant to the Act, and
(b) the payment of any chargeable assistance received during a declared state of emergency
may be negotiated by the municipality so requesting
(c) at the discretion of the Government of New Brunswick as represented by such persons as it may designate for the purpose, and
(d) upon the understanding that the municipality may be required to pay all or any portion of the costs of any chargeable assistance provided.
3(4)For the purposes of this section,
(a) non-chargeable assistance may be authorized by the Director or Deputy Director of the New Brunswick Emergency Measures Organization, the Director of Emergency Health Services, the Director of Community Services or the Director responsible for the disbursement of rescue equipment of the Department of Natural Resources and Energy Development for the services or equipment provided by those agencies or departments respectively, and
(b) chargeable assistance may be authorized by the Minister only.
90-166; 1998, c.41, s.47; 2004, c.20, s.20; 2016, c.37, s.60; 2019, c.29, s.173
4(1)All requests by a municipality for assistance during a state of emergency pursuant to the Act shall be made by an authorized elected representative of the municipality to the New Brunswick Emergency Measures Organization in the first instance.
4(2)Initial requests made pursuant to subsection (1) may be made orally, but shall be confirmed in writing at the earliest possible opportunity thereafter.
4(3)Requests made pursuant to subsection (1) that require assistance from any department or agency of the Government of new Brunswick other than the New Brunswick Emergency Measures Organization shall be made by the Emergency Measures Organization on behalf of the municipality so requesting to the Deputy Minister or Emergency Planning Officer of the Department or agency concerned.
4(4)Requests made pursuant to subsection (1) that require assistance from any department or agency of the Government of Canada other than the Canadian Armed Forces shall be made by the New Brunswick Emergency Measures Organization.
4(5)Requests made pursuant to subsection (1) that require assistance from the Canadian Armed Forces shall be made by the New Brunswick Emergency Measures Organization upon the approval of the Premier of the Province of New Brunswick or such member of the Executive Council as may be designated to act in place of the Premier.
4(6)Requests made pursuant to subsection (1) that require assistance from voluntary agencies such as the St. John Ambulance, the Canadian Red Cross or the Salvation Army may be made by the New Brunswick Emergency Measures Organization on behalf of the municipality so requesting or may be made by the municipality directly to such voluntary agency or agencies.
5(1)Unless a state of emergency is declared by the Minister pursuant to the Act, direction and control of disaster operations shall remain with and be the responsibility of the municipality requesting assistance, but the New Brunswick Emergency Measures Organization may advise the municipality on such operations.
5(2)Where direction and control of disaster operations remain with and continue to be the responsibility of the municipality requesting assistance, the District Emergency Measures Organization Co-ordinator or a designate shall proceed to the disaster site for the purpose of reporting details of the disaster operations to the Director of the New Brunswick Emergency Measures Organization as a disaster site liaison officer.
5(3)If a state of emergency is declared to exist by the Minister pursuant to subsection 10(1) of the Act or if a state of emergency is renewed by the Minister pursuant to subsection 17(2) of the Act, the Minister shall assume direction and control of disaster operations, and the Director of the New Brunswick Emergency Measures Organization shall act as the Provincial Director of Disaster Operations.
5(4)Where the Director of the New Brunswick Emergency Measures Organizations assumes the role of Provincial Director of Disaster Operations pursuant to subsection (3), the Director may
(a) appoint the District Emergency Measures Co-ordinator or such other person as may be seen fit to act as the Disaster Site Controller, and
(b) appoint such members of the District Emergency Measures Committee as may be seen fit to act as assistants.
1998, c.41, s.47; 2018-38
6Regulation 70-75 under the Emergency Measures Act is repealed.
N.B. This Regulation is consolidated to December 20, 2019.