2021 Bill 28

	41


First Session, 50th General Assembly 71 Elizabeth II, 2022
BILL 41
AN ACT RESPECTING A PROVINCE-WIDE 911 SERVICE FOR THE REPORTING OF EMERGENCIES
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE JOHN HOGAN, QC Minister of Justice and Public Safety and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace the Emergency 911 Act.

The Bill would dissolve the NL 911 Bureau as an independent not-for-profit corporation and integrate the functions of the corporation within the Department of Justice and Public Safety.

A BILL

AN ACT RESPECTING A PROVINCE-WIDE 911 SERVICE FOR THE REPORTING OF EMERGENCIES

Analysis

1. Short title

2. Definitions

3. Labrador Inuit rights

4. Crown successor

5. Emergency 911 service

6. Participation required

7. Duties of minister

8. Delegation

9. Primary public safety answering point

10. Public safety answering points

11. Emergency response zones to be disclosed

12. Advance notice of changes

13. Civic addresses

14. Fees for emergency 911 service

15. Agreement re: service

16. Information sharing agreement

17. Agreement re: collection of fees

18. Restriction on information supplied

19. Prohibitions

20. Offence and penalty

21. No liability

22. Lieutenant-Governor in Council regulations

23. Ministerial regulations

24. Forms

25. SNL2008 cF-11.01 Amdt.

26. SNL2016 cI-2.1 Amdt.

27. SNL2014 cE-7.2 Rep.

28. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

1. This Act may be cited as the Emergency 911 Act, 2022.

Definitions

2. In this Act

(a) "automatic alarm system" means a mechanical, electrical or electronic device that transmits a telephone signal when actuated and that is designed or used

(i) for the detection of an unlawful act in, or unauthorized entry into, a building, structure, facility or vehicle,

(ii) for the detection of a fire or other dangerous condition in a building, structure, facility or vehicle, or

(iii) to detect and produce a signal, or a warning of a medical or other emergency

(A) in a place, or

(B) relating to a person;

(b) "automatic dialing or automatic announcing device" means equipment incorporating the capability of storing or producing telephone numbers to be called, used alone or in conjunction with other equipment to convey a pre-recorded voice message to the telephone number called;

(c) "civic address" means a unique number, street or road name, and municipality name given to a commercial, residential or other property;

(d) "corporation" means the NL 911 Bureau Inc. established under the former Act;

(e) "emergency response zone" means a geographical area in the province in which an emergency service provider provides emergency services;

(f) "emergency service provider" means

(i) the Royal Newfoundland Constabulary,

(ii) the Royal Canadian Mounted Police,

(iii) a fire department organized to serve an area of the province,

(iv) an ambulance service organized to serve an area of the province, and

(v) those other persons or services which may be designated as emergency service providers by the minister;

(g) "emergency 911 telephone call" means an emergency telephone call to a primary public safety answering point using the digits "911", and includes those other communications which may be prescribed in the regulations;

(h) "emergency 911 service" means the province-wide emergency service established under the former Act that connects a person to emergency service providers through a public safety answering point, and includes the province-wide radio communication network to be used by emergency service providers;

(i) "exchange service" means a landline-based telephone service or wireless telephone service that is provided by a telecommunications service provider to a subscriber and is capable of being used to dial 911, including

(i) a single line residential access line,

(ii) a single line business access line,

(iii) a multi-line outgoing access line,

(iv) a centrex telephone number,

(v) a wireless telephone number, and

(vi) a VoIP service;

(j) "former Act" means the Emergency 911 Act;

(k) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(l) "municipality" means a municipality under the Municipalities Act, 1999, a city under the City of Corner Brook Act, the City of Mount Pearl Act, the City of St. John's Act and, for the purpose of this Act, includes a local service district and an Inuit Community Government established in respect of an Inuit Community under the Labrador Inuit Constitution under subsection 17.3.3(b) of the Labrador Inuit Land Claims Agreement;

(m) "primary public safety answering point" means a communications centre that is normally the first point of reception for emergency telephone calls;

(n) "public safety answering point" means

(i) a primary public safety answering point, and

(ii) a secondary public safety answering point;

(o) "secondary public safety answering point" means a point of contact

(i) to which emergency telephone calls are transferred from a primary public safety answering point, and

(ii) which is the point of contact responsible for providing emergency services or dispatching personnel;

(p) "subscriber" means an end-user who is assigned a provincial telephone number and who subscribes to

(i) a landline-based telephone service of a telecommunications service provider, or

(ii) a wireless telephone service of a telecommunications service provider;

(q) "telecommunications service provider" means a person who provides a landline-based telephone service or a wireless telephone service to a subscriber in the province; and

(r) "VoIP" means Voice Over Internet Protocol.

Labrador Inuit rights

3. This Act and the regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or the regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

Crown successor

4. (1) The Crown is the successor in law to the corporation and, notwithstanding the repeal of the former Act, has all the power which the corporation had under that Act.

(2) The Crown is charged with and assumes all the obligations and liabilities of the corporation.

(3) Title to all of the property and assets of the corporation is vested in the Crown.

(4) An agreement made between the corporation and another party before this Act comes into force continues in force and is binding on the Crown and the other party to it.

Emergency 911 service

5. The minister, with the participation of municipalities, emergency service providers, public safety answering points, telecommunications service providers and providers of other relevant technologies, shall continue to develop, operate and maintain the emergency 911 service.

Participation required

6. Every municipality, emergency service provider and public safety answering point is required to participate with the minister to fulfil the requirements of section 5.

Duties of minister

7. The minister shall ensure that the emergency 911 service

(a) protects the confidentiality and security of personal information that is collected, used, disclosed, stored or disposed of by the minister;

(b) provides accurate and current information to primary and secondary public safety answering points;

(d) is efficient and cost-effective; and

(e) is flexible and responsive to changing technologies.

Delegation

8. The minister may, in writing, delegate a power, duty or function conferred or imposed on the minister under this Act or the regulations.

Primary public safety answering point

9. The Lieutenant-Governor in Council shall determine the location of a primary public safety answering point in the province and determine its boundaries.

Public safety answering points

10. (1) A public safety answering point shall perform the services and functions that may be prescribed in the regulations.

(2) The minister may, by regulation, prescribe standards in relation to

(a) the performance and operation of a public safety answering point; and

(b) the training and certification of employees of a public safety answering point.

Emergency response zones to be disclosed

11. An emergency service provider or, where appropriate, a municipality, shall advise the minister, in the form, manner and time period set by the minister, of its emergency response zones.

Advance notice of changes

12. An emergency service provider or, where appropriate, a municipality, shall provide advance notice to the minister, in the form, manner and time period set by the minister, of any change to

(a) the emergency response zones referred to in section 11; and

(b) the operational procedures of the emergency service provider that may impact the effective operation of the emergency 911 service.

Civic addresses

13. (1) A municipality shall provide to the minister, in the form, manner and time period set by the minister, the civic addresses of residential, commercial and other property located in the municipality.

(2) The Lieutenant-Governor in Council may, in accordance with the regulations,

(a) require an owner or occupier of a residential, commercial or other property to post the applicable civic number; and

(b) prescribe the size, location and design of civic numbers to be posted on residential, commercial or other property.

Fees for emergency 911 service

14. (1) A telecommunications service provider shall bill and collect from its subscribers a monthly fee prescribed in the regulations for each exchange service.

(2) The fee referred to in subsection (1) shall be remitted monthly by the telecommunications service provider to the minister in accordance with the regulations.

(3) Where a telecommunications service provider provides a service to a subscriber for a portion of a month, the fee for that month shall be prorated.

(4) A telecommunications service provider may retain a portion of the fees it collects for the emergency 911 service as a monthly service fee.

(5) The portion of fees authorized to be retained by a telecommunications service provider under the authority of subsection (4) shall be

(a) limited to administrative costs of a telecommunications service provider for the provision of the emergency 911 service; and

(b) detailed on a subscriber's invoice in a clear and comprehensible manner.

(6) Where a telecommunications service provider retains a monthly service fee as authorized under subsection (4), it shall deduct that monthly service fee from the fee referred to in subsection (1).

Agreement re: service

15. (1) The minister may enter into agreements with a person, a municipality, an emergency service provider, a public safety answering point, a telecommunications service provider or a provider of other relevant technologies in relation to the development, operation and maintenance of the emergency 911 service.

(2) An agreement entered into under subsection (1) may include provisions respecting the following:

(a) the civic addressing of residential, commercial and other property; and

(b) an arrangement, function, procedure, protocol, service or standard considered necessary for the purpose of the effective operation of the emergency 911 service.

Information sharing agreement

16. (1) The minister may enter into information sharing agreements and may disclose or transfer records to, and share records with the following in accordance with the agreement:

(a) emergency service providers; and

(b) public safety answering points.

(2) Section 18 applies with the necessary changes to the sharing of information under this section.

Agreement re: collection of fees

17. (1) The minister may enter into an agreement with a telecommunications service provider in relation to the billing, collecting and remitting of fees for the emergency 911 service.

(2) A telecommunications service provider which enters into an agreement with the minister under subsection (1) shall comply with the terms and conditions of the agreement.

Restriction on information supplied

18. (1) All information supplied by a telecommunications service provider to the minister or employees, assigns, agents or contractors of the Crown or to which the minister or employees, assigns, agents or contractors of the Crown have access in connection with the development, operation and maintenance of the emergency 911 service shall be supplied or made accessible by the telecommunications service provider only to the extent necessary to permit the development, operation and maintenance of the emergency 911 service.

(2) The minister shall take all steps reasonably necessary to maintain the information referred to in subsection (1) in confidence and to ensure that where

(a) employees, assigns, agents or contractors of the Crown;

(b) emergency service providers; and

have access to the information, that those persons maintain the information in confidence.

(3) The minister shall designate the persons who may have access to the information referred to in subsection (1) and no other persons shall be permitted to have access to it.

(4) Emergency service providers, public safety answering points, the minister and employees, assigns, agents and contractors shall not use the information for any purposes other than the purposes referred to in subsection (1).

(5) A person referred to in subsection (1) who is employed for the purposes of this Act or the regulations shall not use their position for personal benefit or to benefit a person with whom they are associated in a financial capacity.

Prohibitions

19. (1) A person shall not connect an automatic alarm system of any kind to the emergency 911 service.

(2) A person shall not use an automatic dialing or automatic announcing device to dial the number "911", except where the written approval of the minister has been obtained.

(3) A person shall not use or knowingly permit another person to use a telephone to place a false, frivolous or vexatious call to the number "911".

Offence and penalty

20. A person who contravenes or who neglects, omits, fails or refuses to observe a provision of this Act or the regulations is guilty of an offence and is liable, on summary conviction, to a fine of not less than $1,000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment.

No liability

21. (1) The Crown, an agent or contractor of the Crown, the minister, a delegate of the minister, a person who enters into an agreement under section 15 or an employee of any of them is not liable for any loss or damage suffered by any person by reason of anything in good faith done or omitted to be done in the provision of the emergency 911 service by the province, the minister, the delegate of the minister, the person who enters into an agreement under section 15 or the employee under the authority of this Act or the regulations.

(2) The Crown, a minister, a delegate of a minister or an employee of the Crown is not liable for a cause of action arising from, resulting from or incidental to the operation of this Act or resulting from or incidental to the transfer of monies held in the NL 911 Service Fund established under the former Act to the Consolidated Revenue Fund.

(3) An action or proceeding does not lie or shall not be instituted or continued against the Crown, a minister, a delegate of a minister or an employee of the Crown based on a cause of action arising from, resulting from or incidental to the operation of this Act or resulting from or incidental to the transfer of monies held in the NL 911 Service Fund established under the former Act to the Consolidated Revenue Fund.

Lieutenant-Governor in Council regulations

22. The Lieutenant-Governor in Council may make regulations

(a) prescribing the fee referred to in section 14;

(b) respecting the collection and remittance of the fee referred to in section 14;

(d) respecting the size, location and design of civic numbers to be posted on residential, commercial or other property;

(e) respecting services and functions to be performed by public safety answering points;

(f) defining a word or expression used but not defined in this Act; and

(g) generally, for the purpose and administration of this Act.

Ministerial regulations

23. (1) The minister may make regulations respecting

(a) communications which may be considered an emergency 911 telephone call; and

(b) standards in relation to

(i) the performance and operation of a public safety answering point, and

(ii) the training and certification of employees of a public safety answering point.

(2) The minister may adopt and constitute as regulations by reference

(a) a code, rule or standard relevant to this Act, or an official abridgment of a code, rule or standard;

(b) a code, rule, standard or abridgment with the exception of a specified provision;

(d) an amendment to a code, rule, standard or abridgment made, with or without modification,

and a written document from the minister certifying that a document is a copy of a code, rule or standard adopted and constituted as regulations under this section or an official abridgment of, extract from or amendment to a code, rule or standard shall without further proof be, in the absence of evidence to the contrary, evidence of the contents of the code, rule or standard.

Forms

24. The minister may establish forms for the purpose and administration of this Act and the regulations.

SNL2008 cF-11.01
Amdt.

25. Subsection 4(4.1) of the Fire Protection Services Act is amended by deleting the reference "section 7 of the Emergency 911 Act" and substituting the reference "section 11 of the Emergency 911 Act, 2022".

SNL2016 cI-2.1
Amdt.

26. The Schedule to the Independent Appointments Commission Act is amended by removing the statutory appointment reference "Emergency 911 Act, subsection 12(1) except the directors referred to in paragraphs 12(3)(a) and (b) and subsection 12(4)".

SNL2014 cE-7.2 Rep.

27. The Emergency 911 Act is repealed.

Commencement

28. This Act, or a section, subsection, paragraph or subparagraph of this Act, comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.