This fall, the Province will introduce new emergency management legislation, which will include new and enhanced responsibilities for local governments. Ahead of introducing the legislation, the Ministry of Emergency Management and Climate Readiness (EMCR) has outlined key policy shifts in a technical paper, which are summarized here, with a focus on the impact on local governments.
UBCM has been consulting with the Province on this legislation and has consistently advocated for the supports necessary for local governments to fulfil new responsibilities the legislation will establish —specifically the need for a long-term local government funding and capacity-building framework.
A complete list of local government responsibilities and obligations will not be available until the Province formally introduces new legislation.
Key principles
The Emergency Program Act has not undergone significant change since it was first introduced in 1993. New legislation has been designed to address many recent challenges, including the increasing frequency and severity of climate-related disasters and emergencies. It also acknowledges and incorporates several new principles and provincial commitments. These include:
- The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and B.C.’s Declaration on the Rights of Indigenous Peoples Act;
- The Sendai Framework for Disaster Risk Reduction and its “all-of-society” approach that recognizes the role played by all stakeholders;
- A focus on all four phases of emergency management (mitigation, preparedness, response and recovery) as well as the role of climate change.
New responsibilities
The Province’s technical paper outlines many new and enhanced responsibilities, and various other changes impacting local governments, which are set to be introduced as part of new legislation. Some of the key changes include:
- Thorough Risk Assessments: Local governments will be required to prepare risk assessments for all potential hazards. This requirement currently is covered within the Local Authority Regulation and will be brought into the new legislation. Requirements will be in alignment with the Sendai Framework for Disaster Risk Reduction, which includes a priority to better understand disaster risk. Risk assessments must, among other things, identify all hazards and evaluate the degree or risk related to each hazard, as well as potential consequences for people, animals, places and others who may be disproportionately impacted by disasters and emergencies. The role of climate change will also be a consideration in risk assessments.
- Enhanced Emergency Management Plans: Emergency management plans will be required to address all four phases of emergency management (preparedness, mitigation, response and recovery), and will be based on completed risk assessments and consultation with neighbouring local governments and Indigenous governing bodies. Plans will also need to consider Indigenous knowledge, climate change and impacts on people, animals, places and others who may be disproportionately impacted by disasters and emergencies.
- Business Continuity Plans: Local governments will be required to develop plans that ensure the local government continues to function and essential services can be delivered during an emergency. The components required as part of a business continuity plan are also being moved from the Local Authority Regulation to legislation.
- Consultation and Cooperation: Consistent with the rights outlined in UNDRIP, new legislation will require local governments to consult and cooperate with neighbouring Indigenous governing bodies during all phases of emergency management. Examples include: when local governments are defining areas for cooperation and consultation; developing risk assessments and emergency management plans; and when involved in response and recovery phases. Local governments will also be expected to consult and cooperate with other neighbouring local governments.
- Reporting: There will be a requirement for local governments to prepare a thorough report following the expiry or cancellation of a state of local emergency or local recovery period. The Province may also request that a local government prepare a report on any relevant matter, as determined by the Minister of Emergency Management and Climate Readiness (“the Minister”).
Other provisions
There are many other provisions relevant to local governments. Several noteworthy changes are highlighted below:
- Longer Local State of Emergency: A state of local emergency will now last 14 days, instead of seven. It may be extended for a period of 14 days upon approval by the Minister. It can also be cancelled by the Minister as well as the local government.
- Recovery period: With approval of the Minister, a local government may issue a 90-day recovery period once a local state of emergency is cancelled. This recovery period will allow the use of certain powers available under new legislation (e.g., preventing people from entering an area, prohibiting travel) once the response phase ends.
- Agreements: There are formal agreements that local governments may enter into with Indigenous governing bodies, the Province and/or other local governments that can help coordinate emergency management activities. For example, a local government may establish or join a multi-jurisdictional emergency management organization with other local governments, Indigenous governing bodies and/or the Province to help manage responsibilities collaboratively.
- Ministerial Direction: The Minister will be authorized to direct local governments in a number of ways, such as: provide assistance; consult and coordinate; take emergency measures; provide resources or the use of land; provide information; and to comply with the Minister’s directions.
- Local Response and Recovery Powers: Local governments will be authorized to perform certain powers (listed in Appendix 2 of the technical paper) under a declared state of emergency and declared recovery period. This replaces the ability to perform “all acts necessary” during an emergency, which will no longer be a power available to local governments under new legislation.
- Five Year Review: Legislation will include a requirement for the Province to conduct a review of the new Act and associated regulations within five years of legislation receiving royal assent. This review will involve local governments and Indigenous governing bodies, and will conclude with a public report.
Local government concerns and advocacy
Delivering on emergency management obligations has become more complex and costly with the increased intensity and frequency of events taking a significant toll on limited local government human and financial resources. The Province’s new emergency management legislation will require local governments to take on additional roles and responsibilities in order to strengthen emergency management in B.C.
Local governments are already under significant financial pressure to deliver emergency services within the current framework and will require long-term funding and support to meet these new responsibilities. UBCM and its members have consistently sought long-term local government funding and a capacity-building framework for these new responsibilities. UBCM has consistently delivered this request, including in response to the Province’s 2019 discussion paper; in dedicated working groups and forums; through endorsed resolutions; and in meetings with provincial ministers and MLAs.
Furthermore, as part of the Select Committee on Local Government Finance’s final report, Ensuring Local Government Financial Resiliency, a recommendation has been endorsed by the members of UBCM that seeks to “work with the Province on the development of a local government funding and support framework to address new and ongoing emergency management costs.” Work is ongoing through a newly established Local Government Financial Review Working Group that includes provincial and local government representatives.
Other concerns raised by UBCM in relation to the proposed responsibilities for local governments (as listed in the technical paper) include disappointment that the provincial government will not be assuming emergency management duties for crown land; and, the need for the Province to provide improved guidance, clarity and support related to consultation and cooperation requirements.
Next steps
Legislation will be introduced in the Legislature this fall, at which point all new local government responsibilities, including those listed in the technical paper, will be outlined in detail. Although cooperation and consultation requirements will become effective once legislation receives royal assent, other requirements (e.g., enhanced emergency management plans, risk assessments, business continuity plans) will be phased in to provide stakeholders with additional time. Timelines will be communicated by the Ministry at a later date.
The Province has also committed to providing additional support and guidance related to new responsibilities (e.g., consultation and cooperation). EMCR has recently partnered with the B.C. Association of Emergency Managers to host a series of webinars related to new emergency management legislation.
The emergency management modernization process does not end with the introduction of new legislation. There are also accompanying regulations that the Province has yet to amend or develop:
- General;
- Provincial government ministries;
- Local authorities;
- Critical infrastructure (new);
- Compensation and financial assistance; and,
- Compliance and enforcement (new).
The Province intends to introduce and discuss some of these regulations as part of the Modernizing Emergency Management Regulations provincial policy session, taking place during the UBCM Annual Convention, on September 19.
Questions and comments regarding the technical paper and upcoming legislation may be directed to the Ministry of Emergency Management and Climate Readiness.