01/09 - Provide for the Establishment of An Emergency Management Organizaion

BYLAW NO.  01/09
A BYLAW TO PROVIDE FOR THE ESTABLISHMENT OF AN EMERGENCY MANAGEMENT ORGANIZATION

WHEREAS The Emergency Planning Act 1989, pursuant to Section 9 provides that the local authority of each municipality shall appoint a committee of members of the local authority area, to advise on the development of the committee members;

 

AND SHALL establish and maintain a municipal emergency management organization;

 

AND SHALL appoint a coordinator of the municipal agency and prescribe his or her duties, which shall include the preparation and coordination of emergency plans and programs for the municipality;

 

AND SHALL prepare and approve emergency plans and programs;

 

AND MAY enter into agreements with and make payments to organizations for the provision of services in the development or implementation of emergency plans or programs;

 

NOW THEREFORE the Council of the Rural Municipality of Sherwood No. 159  in the Province of Saskatchewan enacts as follows:

 

1. Short Title

This Bylaw may be referred to as The Emergency Management Organization Bylaw.

 

2. Interpretation

In this Bylaw:

    1. “Emergency” means:
  1. a calamity caused by accident, by an act of war or insurrection or by forces of nature; or
  2. a present or imminent occurrence that has resulted or may result in serious harm to the safety or welfare of people or in widespread damage to property;

b) “Emergency Coordinator” means the person appointed by the Council of the Rural Municipality of Sherwood No. 159 to organize Emergency Management in the Rural Municipality of Sherwood No. 159;

c) “Municipal Council” means the Council of the Rural Municipality of Sherwood No. 159;

 

3. The Emergency Management Organization of the Rural Municipality of Sherwood No. 159 shall be comprised of the Emergency Management Planning Committee, municipal departments, and voluntary organizations within the municipality.

 

4. Subject to Section 6 of this bylaw, and subject to any directions of Municipal Council, the Emergency Management Organization  is hereby designated and appointed to be a special committee of the Municipal Council pursuant to Section 126 of The Municipalities Act, and shall be responsible for the carrying out of any emergency measures or emergency activities or works in the furtherance of The Emergency Planning Act, 1989, or this bylaw and to that end, shall have and is hereby granted and delegated to it the duties and powers of the Municipal Council except the power to borrow money, to pass a bylaw or enter into any contracts.  Provided, however, such delegation of the duties and powers of the Municipal Council is expressly limited to only the powers of the Municipal Council necessary to carry out its rights, responsibilities, or duties under The Emergency Planning Act, 1989.

 

5. The Emergency Coordinator shall have the following duties and responsibilities:

a) Act as Chairman of the Emergency Management Organization Planning Committee established under this bylaw;

    1. Stimulate and coordinate the development of an emergency plan for the community in cooperation with the departments and agencies of the municipality;
    2. Provide emergency plans from guidelines laid down by the Emergency Management Organization;
    3. Submit regular reports to the Emergency Management Organization to keep them fully informed of progress;
    4. Correlate all activities of those persons and/or organizations involved within the Rural Municipality of Sherwood No. 159 and designated for the Emergency Management Organization;
    5. Ensure that a continuous program of training for local Emergency Management Organization personnel is carried out, either by local training classes or attendance at provincial or federal training schools;
    6. Cooperate with the Mutual Aid Area and Saskatchewan Corrections and Public Safety on all matters pertaining to planning and operations;
    7. Submit a projected budget to cover costs of emergency management operations within the municipality;
    8. Act as advisor to the Rural Municipality of Sherwood No. 159 during emergencies or disasters.

 

6. There shall be an Emergency Management Organization Planning Committee comprised of the Emergency Measures Coordinator, and such other persons, when required, that may be deemed necessary to formulate a municipal emergency plan (or their delegates who are hereby empowered to act on their behalf).

 

7. The Emergency Management Organization Planning Committee as a whole, under the coordination of the Chairman will integrate the municipal and voluntary emergency services plans into one comprehensive emergency plan.

 

8. Each municipal department or voluntary organizations of the municipality shall be responsible to develop and execute the emergency plan of the service he or she represents, train municipal employees and volunteers and make a comprehensive study of existing resources.

 

9. The Council may, from time to time, appropriate and expend monies required to meet the ordinary operating expenses of the said organization.

 

10. The Council may cooperate with Councils of other municipalities for the purpose of jointly establishing and operating an Emergency Management Organization upon appropriate agreement with the Province of Saskatchewan as provided in Section 12 of this bylaw.

 

11. The Rural Municipality of Sherwood No. 159 may enter into agreement with the Province of Saskatchewan or any other governmental agency as authorized by the provisions of The Emergency Planning Act, 1989 or regulations thereunder.

 

12. A declaration of an emergency may be declared by the Reeve or in his/her absence the Deputy Reeve when, in the opinion of this member, an emergency exists and a sufficient number of members of council are not present to declare.  Upon such declaration being made, the Emergency Management Organization shall exercise all powers conferred upon them by The Emergency Planning Act, 1989 of the Province of Saskatchewan.

 

13. On the making of the declaration and for the duration of the local emergency, the local authority may do all acts and take all necessary proceedings including the following:

  1. put into operation any emergency plan or program that the local authority considers appropriate;
  2. acquire or utilize any real or personal property that the local authority considers necessary to prevent, combat or alleviate the effects of an emergency;
  3. authorize any qualified person to render aid of a type that the person is qualified to provide;
  4. control or prohibit travel to or from any area of the municipality;
  5. provide for the restoration of essential facilities and the distribution of essential supplies;
  6. provide, maintain and coordinate emergency medical, welfare and other essential services in any part of the municipality;
  7. cause the evacuation of persons and the removal of persons or livestock and personal property from any area of the municipality that is or may be affected by an emergency and make arrangements for the adequate care and protection of those person or livestock and of the personal property;
  8. authorize the entry into any building or on any land, without warrant, by any person when necessary for the implementation of an emergency plan;
  9. cause the demolition or removal of any trees, structures or crops if the demolition or removal is necessary in order to reach the scene of the emergency, to attempt to forestall its occurrence or to combat its progress;
  10. conscript persons needed to meet an emergency; and
  11. do all acts and take all proceedings that are reasonably necessary to meet the local emergency.

 

14. In the absence of the Reeve or Deputy Reeve, a majority of the members of the Municipal Council are hereby authorized to declare a local emergency in the Rural Municipality of Sherwood No. 159.

 

15. This bylaw shall come into force and take effect on the day of the final passing thereof.

 

 

 

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Administrator