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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In this Act

“assisting force” means anyone sent by another jurisdiction to assist the Province during a state of emergency when such assistance has been requested by the Minister under an agreement authorized by paragraph 6(1)(a); (force de soutien)

“Director” means the Director and Deputy Director of the Emergency Measures Organization;(directeur)

“disaster” means any real or anticipated occurrence such as disease, pestilence, fire, flood, tempest, explosion, enemy attack or sabotage, which endangers property, the environment or the health, safety or welfare of the civil population;(désastre)

“emergency” means a present or imminent event in respect of which the Minister or municipality, as the case may be, believes prompt co-ordination of action or regulation of persons or property must be undertaken to protect property, the environment or the health, safety or welfare of the civil population;(situation d’urgence)

“emergency measures plan” means any plan, program or procedure prepared by the Province or a municipality, as the case may be, that is intended to mitigate the effects of an emergency or disaster and to provide for the safety, health or welfare of the civil population and the protection of property and the environment in the event of such an occurrence;(plan de mesures d’urgence)

“Emergency Measures Organization” means the New Brunswick Emergency Measures Organization established under section 3;(Organisation des mesures d’urgence)

“fire marshal” means the fire marshal appointed pursuant to the Fire Prevention Act;(prévôt des incendies)

“Minister” means the Minister of Public Safety;(Ministre)

“municipality” means a city, town, village or rural community;(municipalité)

“state of emergency” means a state of emergency declared by the Minister pursuant to subsection 11(1), or renewed pursuant to subsection 17(2);(état d’urgence)

“state of local emergency” means a state of local emergency declared by a municipality pursuant to subsection 11(2), or renewed pursuant to subsection 18(2);(état d’urgence local)

“Workers’ Compensation Board” Repealed: 1994, c.70, s.3

“Workplace Health, Safety and Compensation Commission” means the Workplace Health, Safety and Compensation Commission established pursuant to the Workplace Health, Safety and Compensation Commission Act.(Commission de la santé, de la sécurité et de l’indemnisation des accidents au travail)

1981, c.80, s.29, 30; 1986, c.8, s.36; 1989, c.55, s.29; 1992, c.2, s.17; 1994, c.70, s.3; 1998, c.41, s.46; 2000, c.26, s.102; 2000, c.42, s.1; 2005, c.7, s.27

ADMINISTRATION

Administration of Act

2(1)The Minister is responsible for the administration of this Act.

2(2)The Minister shall co-ordinate emergency measures plans within the Province and may delegate powers vested in him by or under this Act.

Emergency Measures Organization (EMO)

3(1)The New Brunswick Emergency Measures Organization is hereby established.

3(2)A Director, Deputy Director and other officers, as required, may be appointed in accordance with the Civil Service Act for the administration of the Emergency Measures Organization.

3(3)The Emergency Measures Organization has and shall exercise and perform such powers and duties as are vested in it by or under this Act and those assigned to it by the Minister.

Committee of Executive Council appointed by Lieutenant-Governor

4The Lieutenant-Governor in Council may appoint from among the members of the Executive Council, a committee to advise the Executive Council on matters relating to emergencies and disasters.

Committees appointed by EMO

5(1)The Emergency Measures Organization may appoint such committees as it considers necessary or desirable to advise or assist it, the Minister or the committee appointed pursuant to section 4.

5(2)A member of a committee appointed under subsection (1) may, if he is not an employee of the Crown or an agency thereof, be paid for his services and expenses at rates fixed by the Minister.

PLANNING FOR AN EMERGENCY

Agreement in respect of emergency measures

6(1)Subject to the approval of the Lieutenant-Governor in Council, the Minister may

(a) enter into agreements with the Government of Canada, the government of a province or territory of Canada or the government of a state of the United States of America, or an agent of any of them, with respect to emergency measures plans,

(b) enter into agreements with the Government of Canada and the Workplace Health, Safety and Compensation Commission for the administration and payment of compensation benefits to persons engaged in training or carrying out duties related to a state of emergency or a state of local emergency, and

(c) acquire by purchase or lease real and personal property for the purposes of administering the Emergency Measures Organization.

6(2)The Workplace Health, Safety and Compensation Commission is authorized and empowered to execute and administer an agreement mentioned in paragraph (1)(b).

1981, c.80, s.30; 1994, c.70, s.3; 2000, c.42, s.2

Powers of EMO

7The Emergency Measures Organization may, subject to the approval of the Minister,

(a) review and approve, or require modification to Provincial and municipal emergency measures plans;

(b) make surveys and studies to identify and record actual and potential hazards which may cause an emergency or disaster;

(c) make surveys and studies of resources and facilities to provide information for the effective preparation of emergency measures plans;

(d) conduct public information programs related to the prevention and mitigation of damage by disaster;

(e) conduct training and training exercises for the effective implementation of emergency measures plans;

(f) procure food, clothing, medicines, equipment and goods of any nature or kind for the purposes of emergencies and disasters; and

(g) authorize or require the implementation of any emergency measures plan.

1982, c.3, s.20

Powers of Minister

8(1)The Minister may

(a) divide the Province into districts and sub-districts for the purposes of this Act;

(b) after consultation with a municipality designate the boundaries of the municipality to include areas adjacent thereto for the purposes of this Act;

(c) require municipalities to prepare emergency measures plans, including mutual assistance programs, and to submit them to the Emergency Measures Organization for review for adequacy and integration with the Provincial emergency measures plans;

(d) establish procedures for the prompt and efficient implementation of emergency measures plans; and

(e) require any person to develop emergency measures plans in conjunction with the Emergency Measures Organization or the municipalities to remedy or alleviate any hazard to persons, property or the environment that is or that may be created

(i) by a condition that exists or may exist on that person’s property,

(ii) by that person’s use of property,

(iii) by an operation in which that person is or may be engaged, or

(iv) by a process that that person is or may be utilizing.

8(2)Where the boundaries of a municipality include areas adjacent to it as designated under paragraph (1)(b) that area is bound by any action taken by the municipality with respect to the provisions of this Act.

2000, c.42, s.3

Powers of municipalities

9Each municipality

(a) shall establish and maintain a municipal emergency measures organization;

(b) shall appoint a director of the municipal emergency measures organization, and prescribe his duties which shall include the preparation and co-ordination of emergency measures plans for the municipality;

(c) shall appoint a committee consisting of members of its council to advise it on the development of emergency measures plans;

(d) shall prepare and approve emergency measures plans;

(e) may pay the expenses of members of the committee appointed under paragraph (c);

(f) may enter into agreements with and make payments to persons and organizations for the provision of services in the development and implementation of emergency measures plans; and

(g) may appropriate and expend sums approved by it for the purposes of this section.

Repealed

10Repealed: 1996, c.11, s.1

1996, c.11, s.1

STATES OF EMERGENCY

Declaration of state of emergency

11(1)The Minister may at any time, when he is satisfied that an emergency exists or may exist, declare a state of emergency in respect to all or any area of the Province.

11(2)A municipality may, when satisfied that an emergency exists or may exist in all or any area of that municipality, declare a state of local emergency in respect of that municipality or area thereof.

11(3)A declaration under this section shall identify the nature of the emergency and the area in which it exists.

Publication of declaration

12When a state of emergency or a state of local emergency has been declared pursuant to this Act, the Minister or the municipality, as the case may be, shall immediately cause the details of the declaration to be communicated or published by such means as he or it considers the most likely to make the contents of the declaration known to the civil population of the area affected.

Powers of Minister and municipality during state of emergency

13Upon a state of emergency being declared in respect to the Province or an area thereof, or upon a state of local emergency being declared in respect to a municipality or an area thereof, the Minister may, during the state of emergency, in respect of the Province or an area thereof, or the municipality may, during the state of local emergency, in respect of such municipality or an area thereof, as the case may be, do everything necessary for the protection of property, the environment and the health or safety of persons therein, including

(a) to cause an emergency measures plan to be implemented;

(b) to acquire or utilize or cause the acquisition or utilization of any personal property by confiscation or any means considered necessary;

(c) to authorize or require any person to render such aid as that person is competent to provide;

(d) to control or prohibit travel to or from any area or on any road, street or highway;

(e) to provide for the maintenance and restoration of essential facilities, the distribution of essential supplies and the maintenance and co-ordination of emergency medical, social and other essential services;

(f) to cause the evacuation of persons and the removal of livestock and personal property threatened by a disaster or emergency, and make arrangements for the adequate care and protection thereof;

(g) to authorize any person properly identified as authorized by the Minister, by the Emergency Measures Organization or by the municipal emergency measures organization to enter into any building or upon any land without warrant;

(h) to cause the demolition or removal of any building, structure, tree or crop where the demolition or removal is necessary or advisable for the purposes of reaching the scene of a disaster, of attempting to forestall its occurrence or of combatting its progress;

(i) to procure or fix prices for food, clothing, fuel, equipment, medical or other essential supplies and the use of property, services, resources or equipment; and

(j) to order the assistance, with or without remuneration, of persons needed to carry out the provisions mentioned in this section;

and in addition the Minister may authorize or require a municipality to cause an emergency measures plan for the municipality, or any part thereof, to be implemented.

1982, c.3, s.20; 1983, c.29, s.1; 2000, c.42, s.4

Acceptance of qualifications of assisting forces

13.1For the purpose of rendering aid under paragraph 13(c), a member of an assisting force who holds a licence, certificate or permit that evidences the meeting of professional, trade or other qualifications in the assisting jurisdiction shall be deemed to be similarly licensed, certified or permitted in the Province for the duration of the state of emergency, subject to any limitations or conditions imposed by the Lieutenant-Governor in Council.

2000, c.42, s.5

14Upon declaring a state of local emergency, a municipality

Duty of municipality to notify Minister

(a) shall immediately forward a copy of the declaration to the Minister, and

Power of municipality to delegate powers

(b) may authorize any person or committee to exercise any power vested in it under section 13.

Duty of fire marshal and RCMP officer

15During a state of emergency,

(a) the fire marshal is the co-ordinator of all efforts in relation to the suppression and prevention of fires, and every fire brigade, fire department and firefighter in the area in which the state of emergency exists is subject to his direction and control; and

(b) the officer commanding “J” Division of the Royal Canadian Mounted Police is the co-ordinator of all efforts in relation to law enforcement, and every police officer, auxiliary police officer and auxiliary police constable in the area in which the state of emergency exists is subject to his direction and control.

1996, c.11, s.2

Termination of state of emergency

16(1)The Minister may

(a) terminate a state of emergency with respect to an area identified by him in his declaration of a state of emergency when, in his opinion, an emergency no longer exists in such area, and

(b) terminate a state of local emergency with respect to an area identified by a municipality in its declaration of a state of local emergency when, in his opinion, an emergency no longer exists in such area.

16(2)A municipality may terminate a state of local emergency with respect to an area identified by it in its declaration of a state of local emergency when, in its opinion, an emergency no longer exists in such area.

Renewal of state of emergency

17(1)A state of emergency ends

(a) when it is terminated by the Minister pursuant to subsection 16(1), or

(b) subject to subsection (2), fourteen days after the day on which it was declared.

17(2)A state of emergency may be renewed by the Minister with the approval of the Lieutenant-Governor in Council, if it has not been terminated pursuant to paragraph (1)(a).

17(3)The provisions of this Act respecting a state of emergency, and the declaration thereof, apply mutatis mutandis to a renewal of a state of emergency.

Termination of state of local emergency

18(1)A state of local emergency ends

(a) when the area identified by the municipality in its declaration of a state of local emergency is included in an area identified by the Minister in his declaration of a state of emergency,

(b) when it is terminated by the Minister pursuant to paragraph 16(1)(b) or by a municipality pursuant to subsection 16(2), or

(c) subject to subsection (2), seven days after the day on which it was declared.

18(2)A state of local emergency may be renewed by the municipality with the approval of the Lieutenant-Governor in Council if it has not ended pursuant to subsection (1).

18(3)The provisions of this Act respecting a state of local emergency, or the declaration thereof, apply mutatis mutandis to a renewal of a state of local emergency.

Application of section 12 to the ending of a state of emergency

19The provisions of section 12 in respect of a declaration of a state of emergency or of a state of local emergency apply mutatis mutandis to the ending thereof pursuant to section 18.

DISASTER RELIEF FUND

Disaster relief fund

20(1)A disaster relief fund is hereby established to receive and disburse donations from the public for disaster relief within and outside the Province.

20(2)The fund mentioned in subsection (1) shall be administered and disbursed in accordance with the regulations by a disaster relief committee consisting of persons appointed by the Lieutenant-Governor in Council.

20(3)The provisions of subsection 5(2) in respect of members of a committee apply mutatis mutandis to members of the committee mentioned in subsection (2).

Expenditure by Province for municipality

21Where an expenditure in respect of a disaster is made within or for the benefit of a municipality by the Province, the Lieutenant-Governor in Council may

(a) require the municipality to pay to the Minister of Finance the amount thereof or such portion thereof as the Lieutenant-Governor in Council specifies, and

(b) establish terms for payment of the sum mentioned in paragraph (a) and the interest rate that applies thereto.

LIABILITY FOR DAMAGES

Protection from liability, judicial review

22(1)The Minister, a municipality, a committee established under this Act or a member thereof, or any other person

(a) are not liable for any damage arising out of any action taken pursuant to this Act or the regulations; and

(b) are not subject to any proceedings by way of judicial review or injunction with respect to any action taken pursuant to this Act or the regulations.

Compensation for damage

22(2)The Lieutenant-Governor in Council may order compensation for damage arising out of any action taken pursuant to this Act where he has reason to believe a person, municipality or committee may have been, except for the operation of subsection (1), liable for such damage.

1986, c.4, s.17

ENFORCEMENT

Right of entry

23When implementing an emergency measures plan pursuant to this Act or the regulations, any person properly identified as authorized by the Minister, by the Emergency Measures Organization or by the municipal emergency measures organization has the right at any time to enter upon any property.

1983, c.29, s.2

Offences and penalties

24(1)A person who

(a) obstructs the Minister, a municipality, a committee established pursuant to this Act or any person in the performance of any action, matter or thing authorized by this Act, or

(b) violates or fails to comply with any direction, order or requirement made pursuant to this Act or the regulations,

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

24(2)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

1990, c.61, s.42

REGULATIONS

Regulations

25The Lieutenant-Governor in Council may, on the recommendation of the Minister, make regulations respecting

(a) emergency planning for the continuity of functions of departments, boards, commissions, corporations and other agencies of the Government of New Brunswick;

(b) the vesting of special powers and duties in various departments and agencies of the Government for the purposes of emergency planning and the implementation of emergency measures plans;

(c) the organization, responsibilities, powers, duties and operation of fire auxiliary forces throughout the Province or any part thereof;

(d) authority to be delegated under this Act;

(e) costs incurred in emergency and disaster operations;

(f) the sharing of costs incurred by the Province or by a municipality in implementing emergency measures plans;

(g) the administration of and disbursement from the disaster relief fund;

(h) any matter or thing that the Lieutenant-Governor in Council deems necessary for the administration of this Act.

1996, c.11, s.3

Repeal

26The Emergency Measures Act, chapter E-7 of the Revised Statutes, 1973, is repealed.

Commencement

27This Act or any provision thereof comes into force on a day to be fixed by proclamation.

N.B. This Act was proclaimed and came into force August 2, 1978.

N.B. This Act is consolidated to September 1, 2011.

E-7.1 - Emergency Measures Act

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