Staff Report: Discussion Paper on Modernization of BC’s Emergency Program Act

RECOMMENDATION:

That the Local Area Administrators receive for information the Modernization of BC’s Emergency Program Act report.

PURPOSE:

To highlight the opportunity for the Local Area Administrators to review Emergency Management BC’s Legislation Discussion Paper Modernizing BC’s Emergency Management Legislation and provide feedback from a regional perspective to inform the new Act, which will replace the current BC Emergency Program Act.

BACKGROUND:

On October 28, 2019, the Honourable Mike Farnworth, Minister of Public Safety and Solicitor General, released the Legislation Discussion Paper Modernizing BC’s Emergency Management Legislation to outline the proposed policy direction for the new legislation. British Columbia’s current emergency management legislation, the Emergency Program Act (EPA) was passed in 1993 and has its roots in Canada’s War Measures Act. It has been largely unchanged since it was introduced and no longer reflects modern best practices in emergency management. The EPA will be repealed and replaced with new legislation that will support more effective management of emergencies in BC by incorporating international best practices, including the United Nations (UN) Sendai Framework for Disaster Risk Reduction (Sendai Framework); the UN Declaration on the Rights of Indigenous Peoples (the Declaration); and the draft principles that guide the Province’s relationship with Indigenous Peoples.

The BC Government’s proposed new legislation will include provisions for all four pillars of emergency management – mitigation, preparedness, response and recovery. It will better reflect First Nations as partners in emergency management, further reconciliation efforts with BC’s indigenous communities and help the Province be more resilient in the face of climate change. The proposed changes were developed by drawing on numerous reports from the recent flood and wildfire seasons, including the George Abbott and Chief Maureen Chapman Report, Addressing the New Normal: 21st Century Disaster Management in British Columbia, and the Tsilhqot’in Report on the 2017 wildfires, The Fires Awakened Us; considering comments gathered during a 2016 consultation process; and substantial early discussion with indigenous communities, the Union of BC Municipalities, and other key partners.

TIMELINE AND ENGAGEMENT PROCESS:

The discussion paper is open to comment and feedback from partners and stakeholders and any other interested people until January 31, 2020. In the Capital region, REMP will be supporting the region during the consultation period by providing two Regional Forums for local government and stakeholder emergency managers, First Nations and EMBC staff to come together in a facilitated setting to discuss their thoughts and coordinate their input. REMP will also be collaborating with the Integrated Partnership for Regional Emergency Management in Metro Vancouver (IPREM) on a Joint Steering Committee meeting to discuss strategic and policy considerations in the discussion paper that may be of interest to both partnerships. The purpose of these facilitated sessions is to support the region in gathering their thoughts and feedback collaboratively and to ultimately provide the province with strategic, coordinated input from the Capital region.

In Spring 2020, the province will release a report summarizing the feedback that was received during the consultation period. EMBC will use feedback from the consultation period to inform drafting of the legislation, which is expected to be introduced in the Fall 2020 legislative session. Regulations will also be drafted, with a goal of implementing the new Act in phases, beginning in the Spring of 2021, in time for the 2021 flood and wildfire seasons.

Engagement and Consultation Timeline

DISCUSSION PAPER: MODERNIZATION OF BC’S EMERGENCY MANAGEMENT LEGISLATION

The discussion paper highlights several key areas of proposed changes to the current legislation including expanding key definitions, changing the legislative requirements of local authorities, provincial ministries, crown corporations and other agencies as it related to emergency plans and reporting, as well as financial consideration and questions related to compliance and enforcement. Further information about all the proposed changes can be found in the discussion paper (Appendix 1); however, key areas that may be of interest for consideration to be discussed by the Local Area Administrators within the Capital region have been unpacked below.

Powers of the Minister and Local Authorities

Under the EPA, the Minister has a number of duties and powers to be used before, during and after emergencies. Proposed changes to these powers include:

• The duration of a state of local emergency (SOLE) be set at 14 days (currently seven days), with extensions of 14 days (currently seven days) to be approved by the Minister
• Clearly list the powers available to the Minister and Local Authorities and clarify the Minister and Local Authorities’ ability to use powers necessary to mitigate, prepare for, response to or recover from an emergency
• Introduce a “transition period” between response and recovery of up to 90 days to allow the Minister to grant a Local Authority special powers necessary or desirable to ensure a timely and effective recovery; this is intended to move away from continued use of SOLEs when a threat is no longer imminent
• Provide clear authority for the Minister and for Local Authorities to enter into emergency management agreements with First Nations that could address issues such as collaborative hazard and risk assessment and/or planning; delivery of emergency management services or programs; and/or joint recovery activities

Emergency Management System and Quality Assurance

To increase transparency and quality assurance, a number of changes are being proposed to the current legislation to improve the emergency management system in BC. These proposed changes include:

• Establish a legislative requirement for the Province to centrally house and provide data on hazard, risk and vulnerability assessments, or mitigation planning documents that are prepared by other bodies (ministries, Crown corporations, Local Authorities, critical infrastructure)
• Require provincial ministries, Crown corporations, Local Authorities and critical infrastructure owners/operators to register their emergency management plans with EMBC
• Enable EMBC to audit emergency management plans to support continuous improvement; results would be shared with the audited agency and be made public

Mitigation for Local Authorities

Many changes are proposed to the EPA related to responsibilities and supports for Local Authorities. However, legislation related to mitigation efforts is a change that encompasses many departments within a Local Authority to coordinate on emergency management in advance of an emergency. Proposed changed include:

• Require Local Authorities (and the Province in unincorporated areas) to give greater consideration of current and future risk for new development approvals in hazardous areas
• Require sustainable long-term mitigation measures when building and development is approved in hazardous areas
• Include legislative and regulatory requirements for Local Authorities to collaborate and coordinate at a regional scale for risk assessment, mitigation planning and works
• Enable establishment of non-regulatory or regulatory incentives to enhance regional collaboration and coordination for risk assessment, mitigation planning and works
• Require Local Authorities to provide plans to neighbouring jurisdictions (Local Authorities and First Nations), to the Province, and stakeholders such as critical infrastructure operators, school districts, and health authorities and consider any feedback

Financial Considerations

The proposed changes to the EPA show a significant shift from a focus on response to a focus on mitigation and preparedness as well as recovery, reflecting the priorities set out in the Sendai Framework, which focuses on reducing risk before a disaster. The Province recognizes that not all the financial elements required to support the modernization of the emergency management system will be enabled through changes to the legislation. Throughout the legislation and regulation development, the Province will continue to work to maximize opportunities to partner with the federal government to fund or co-fund emergency management activities as well as improve policies, procedures and administrative processes to ensure transparent and efficient reimbursement for costs. The Province recognizes that investments in mitigation and preparedness can reduce risk and reduce or avoid expenditures associated with emergency events.

FINANCIAL IMPLICATIONS:

There are no financial implications associated with this report. REMP staff will be providing in-kind coordination and facilitation to three opportunities: Joint Steering Committee between REMP and IPREM, Regional Forum #1 with local government emergency managers and Regional Forum #2 with various emergency managers including First Nations from across the region (to be confirmed).

CONCLUSION:

EMBC is repealing and replacing the current EPA with a modernized piece of emergency management legislation and is currently seeking feedback and input from Local Authorities, partners, stakeholders and interested parties until January 31, 2019. The new legislation is intended to be in alignment with current emergency management best practices, including a focus on all four phases of emergency management. The discussion paper outlining proposed changes to the legislation was developed by drawing on numerous reports from the past few flood and wildfire seasons, comments gathered during a 2016 consultation process, and early discussions with key groups including the Union of BC Municipalities. This report is being put forward by REMP to support Capital region CAOs in discussing proposed changes to the EPA that may be of interest to local government leadership and may support the region in formulating a response to the discussion paper.

ATTACHMENTS:

1. Information Fact Sheet on Modernizing BC’s Emergency Management Legislation
2. Discussion Paper: Modernizing BC’s Emergency Management Legislation (October 28, 2019)
3. The Fires Awakened Us, Tŝilhqot’in National Government, http://www.tsilhqotin.ca/Portals/0/PDFs/2019_TheFiresAwakenedUs.pdf, (April 24, 2019)
4. Addressing the New Normal: 21st Century Disaster Management in British Columbia, George Abbott and Chief Maureen Chapman, https://www2.gov.bc.ca/assets/gov/public-safety-and-emergency-services/emergency-preparedness-response-recovery/embc/bc-flood-and-wildfire-review-addressing-the-new-normal-21st-century-disaster-management-in-bc-web.pdf, (April 30, 2018)