This is an official version.
Copyright © 2016: Queen's Printer,
Statutes of Newfoundland and Labrador 2016
AN ACT TO AMEND THE EMERGENCY 911 ACT, THE EMERGENCY SERVICES ACT AND THE FIRE PROTECTION SERVICES ACT
(Assented to December 14, 2016)
EMERGENCY 911 ACT
EMERGENCY SERVICES ACT
4. Part I R&S
FIRE PROTECTION SERVICES ACT
15. SNL2002 cW-4.01 Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
EMERGENCY 911 ACT
1. Paragraph 2(a) of the Emergency 911 Act is repealed.
2. Paragraph 21(1)(a) of the Act is repealed and the following substituted:
(a) the minister responsible for the Emergency Services Act and the Fire Protection Services Act;
EMERGENCY SERVICES ACT
3. (1) Paragraphs 2(a) and (d) of the Emergency Services Act are repealed.
(2) Paragraph 2(f) of the Act is repealed and the following substituted:
(f) "director" means the Director of Emergency Services appointed under subsection 4.1(1);
4. Part I of the Act is repealed and the following substituted:
Government business continuity and emergency management plans
3. The minister shall develop and maintain
(a) a business continuity plan for the government of the province; and
(b) an emergency management plan for the province.
4. The minister shall, as appropriate, organize and deploy emergency response in the province.
Director of emergency services
4.1 (1) There shall be appointed a Director of Emergency Services for the province.
(2) The director may
(a) authorize or perform surveys of industries, resources and facilities within the province necessary for the carrying out of this Act;
(b) establish programs including public information programs respecting emergency preparedness; and
(c) take all other preparatory steps, including partial or full mobilization of emergency resources in advance of actual necessity for the purpose of
(i) instructing persons in methods and procedures that may be adopted or followed in the implementation of this Act,
(ii) organizing the training, equipment and personnel to carry out duties under this Act, and
(iii) acquiring equipment necessary for the carrying out of emergency response.
Officers, etc. to be appointed
4.2 There shall be appointed those officers, clerks, and other employees necessary to carry out this Act.
5. Subsections 9(3) and (4) of the Act are repealed and the following substituted:
(3) Where the minister declares an emergency under subsection (1), the minister may
(a) define the geographical area where the emergency exists;
(b) direct that the director take charge of emergency operations within the area, to assess the situation and to report immediately to the minister regarding necessary measures to be taken to deal with the emergency;
(c) authorize the director to co-ordinate the activities of all provincial and municipal services in the area and to engage personnel as required to assist in the provision of those services;
(d) authorize the director to acquire, by purchase or otherwise as prescribed by the minister, those supplies and equipment the director considers necessary to respond to the emergency or to protect the health and well-being of those persons, property and the environment impacted by the emergency;
(e) authorize the director or his or her delegate to enter a house, building or other private property for
(i) a purpose relating to the emergency,
(ii) the health, safety or well-being of persons, or
(iii) the purpose of exercising a power under this section;
(f) authorizing the director or his or her delegate to alter, construct, demolish or remove trees, buildings or other structures where that action is, in the opinion of the director, necessary in order to reach the scene of the emergency or in an effort to combat or inhibit the progress of an emergency; and
(g) order the evacuation of the area.
(4) Where the director is absent or unable to act, the minister may delegate to another person those duties and responsibilities under paragraphs (3)(b) to (f) and that person may take those actions he or she considers necessary for the carrying out of those duties and responsibilities.
6. Subsection 14(1) of the Act is repealed and the following substituted:
Exemption from operation of provincial Acts
14. (1) Where a municipal, regional or provincial emergency has been declared, the minister may request that another minister exempt a person from operation of certain Acts of the province administered by that minister.
7. Section 21 of the Act is repealed and the following substituted:
21. A person, including the minister, the director, an employee, a volunteer and a person appointed under the authority of this Act is not liable for a loss, cost, expense, damage or injury to person or property which results from
(a) the person, in good faith, doing or omitting to do an act that the person is appointed, authorized or required to do under this Act or the regulations, unless in doing or omitting to do the act, the person was grossly negligent; or
(b) an act done or omitted to be done by one or more of the persons who were, under this Act or the regulations, appointed, authorized or required by the person to do the act, unless the appointment or authorizing was not done in good faith.
FIRE PROTECTION SERVICES ACT
SNL2008 cF-11.01 as amended
8. (1) Paragraphs 2(a) and (b) of the Fire Protection Services Act are repealed.
(2) Section 2 of the Act is amended by inserting immediately after paragraph (n) the following:
(n.1) "minister" means the minister appointed under the Executive Council Act to administer this Act;
9. (1) Subsection 3(2) of the Act is repealed and the following substituted:
(2) The fire commissioner shall carry out the duties assigned to him or her under this Act and shall act under the direction of the minister.
(2) Subsection 3(4) of the Act is repealed and the following substituted:
(4) There shall be appointed or employed those officers, inspectors, clerks, employees, or other persons necessary for the administration of this Act.
10. Subsection 4(3) of the Act is repealed and the following substituted:
(3) The fire commissioner shall
(a) record every fire reported to him or her and include the information which may be required by the minister;
(b) review plans and specifications for construction, alteration or repair of structures to determine if appropriate fire protection requirements and fire and life safety features are in place;
(c) where appropriate fire protection requirements and fire and life safety features have been found to be lacking following an inspection under subsection (4), direct those alterations or additions which may be necessary to safeguard persons or property;
(d) advise the minister, municipalities and industry with respect to establishing fire departments and the requirements for organizing and equipping those fire departments, for training firefighting personnel and evaluating their firefighting capabilities and those other fire protection requirements which may be necessary;
(e) disseminate information and advice respecting fire prevention, fire protection and fire safety that the minister considers advisable; and
(f) perform those other duties which the minister may prescribe.
11. Section 5 of the Act is repealed and the following substituted:
Emergency response and co-ordination
5. The fire commissioner shall, where directed by the minister, co-ordinate fire protection and other operations and activities in emergency situations and, where necessary, secure the resources to respond to fire and emergency situations.
12. Subsection 8(1) of the Act is repealed and the following substituted:
Adoption and enforcement of fire protection codes or standards
8. (1) The minister may prescribe by regulation those standards necessary for fire protection and may adopt by reference, with or without changes, codes or standards of another jurisdiction or of Canada.
13. (1) Subsection 30(1) of the Act is repealed and the following substituted:
30. (1) The fire commissioner, with the approval of the minister,
(a) shall establish standards for the training of firefighters in the province; and
(b) may establish standards for training firefighters in industry.
(2) Subsection 30(4) of the Act is repealed and the following substituted:
(4) The fire commissioner shall, with the approval of the minister,
(a) establish and conduct a mobile firefighting training program; and
(b) provide technical training programs to meet the requirements of firefighters, inspectors and other persons who have duties assigned by the fire commissioner or other duties under this Act.
14. Section 32 of the Act is repealed and the following substituted:
32. An action or other proceeding does not lie against a person for anything done or omitted to be done in good faith in the course of exercising a power or carrying out a duty under this Act.
SNL2002 cW-4.01 Amdt.
15. Subsection 35(2) of the Water Resources Act is repealed and the following substituted:
(2) Notwithstanding subsection (1), where, because of a flood or flood potential, an emergency is declared under the Emergency Services Act, the minister shall co-ordinate efforts with the minister responsible for that Act.
16. This Act is considered to have come into force on August 17, 2016.