R.S., 1985, c. 6 (4th Supp.)

[1988, c. 11, assented to 27th April, 1988]

An Act to provide for emergency preparedness and to make a related amendment to the National Defence Act

1. This Act may be cited as the Emergency Preparedness Act.

2. In this Act,

“civil emergency plan” means a plan, measure, procedure or arrangement

(a) for dealing with an emergency by the civil population, or

(b) for dealing with a civil emergency by the Canadian Forces;

“government institution” means any department, branch, office, board, agency, commission, corporation or body for the administration or affairs of which a minister of the Crown is accountable to the Parliament of Canada;

“Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;

“provincial emergency” means an emergency occurring in a province if the province or a local authority in the province has the primary responsibility for dealing with the emergency.

R.S., 1985, c. 6 (4th Supp.), s. 2; 1995, c. 29, s. 23(F).

3. [Repealed, 1995, c. 29, s. 24]

4. The Minister is responsible for advancing civil preparedness in Canada for emergencies of all types, including war and other armed conflict, by facilitating and coordinating, among government institutions and in cooperation with provincial governments, foreign governments and international organizations, the development and implementation of civil emergency plans.

R.S., 1985, c. 6 (4th Supp.), s. 4; 1995, c. 29, s. 24.

5. (1) The responsibilities of the Minister with respect to the development of civil emergency plans are

(a) to develop policies and programs for achieving an appropriate state of national civil preparedness for emergencies;

(b) to encourage and support provincial civil preparedness for emergencies and, through provincial governments, local civil preparedness for emergencies;

(c) to provide education and training related to civil preparedness for emergencies;

(d) to enhance public awareness and understanding of matters related to civil preparedness for emergencies;

(e) to analyse and evaluate civil preparedness for emergencies and conduct related research;

(f) to establish arrangements for ensuring the continuity of constitutional government during an emergency;

(g) to establish arrangements with each province whereby any consultation with the lieutenant governor in council of the province with respect to a declaration of an emergency under any Act of Parliament can be effectively carried out; and

(h) to coordinate and support

(i) the development and testing of civil emergency plans by government institutions,

(ii) the activities of government institutions relating to civil preparedness for emergencies with like activities of the provincial governments and, through the provinces, of local authorities, and

(iii) in accordance with the external relations policies of Canada, the participation of Canada in activities relating to international civil preparedness for emergencies.

(2) The responsibilities of the Minister with respect to the implementation of civil emergency plans are

(a) to monitor any potential, imminent or actual civil emergency and to report, as required, to other ministers on the emergency and any measures necessary for dealing with it;

(b) to coordinate or support, as required,

(i) the implementation of civil emergency plans by government institutions, and

(ii) the provision of assistance, other than financial assistance, to a province during or after a provincial emergency; and

(c) to provide financial assistance to a province when authorized pursuant to section 9.

(3) The Minister has such other responsibilities in relation to civil preparedness for emergencies as the Governor in Council may, by order, specify.

R.S., 1985, c. 6 (4th Supp.), s. 5; 1995, c. 29, s. 25.

6. The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of any province respecting civil emergency plans.

R.S., 1985, c. 6 (4th Supp.), s. 6; 1995, c. 29, s. 26.

7. (1) Every Minister accountable to the Parliament of Canada for the administration or affairs of a government institution is responsible for

(a) identifying the civil emergency contingencies that are within or related to the Minister’s area of accountability and developing a civil emergency plan therefor;

(b) developing, within or in relation to the Minister’s area of accountability, a civil emergency plan for war or other armed conflict that, if implemented, would

(i) support the overall defence effort,

(ii) support the Canadian Forces and the armed forces of Canada’s allies in the conduct of military operations,

(iii) contribute to meeting Canada’s military and civil wartime obligations to its allies, and

(iv) mitigate the effects of foreign armed conflict on Canada; and

(c) conducting training and exercises in relation to a civil emergency plan developed pursuant to this subsection and, when authorized, implementing all or any part of the plan.

(2) A civil emergency plan developed pursuant to subsection (1) shall, as appropriate, provide for

(a) assistance and advice to provincial governments and, through provincial governments, to local authorities;

(b) federal-provincial regional plans; and

(c) the safety and welfare, during an emergency, of officers and employees of the government institution.

(3) Where the implementation of all or any part of a civil emergency plan developed pursuant to paragraph (1)(a) would be in response to a provincial emergency, that plan or part shall not be implemented unless the government of the province has requested assistance or an agreement between the Minister and the province requires or permits implementation.

8. [Repealed, 1995, c. 29, s. 28]

9. The Governor in Council may, on the recommendation of the Minister, make orders or regulations

(a) respecting the development of civil emergency plans by ministers of the Crown or by government institutions;

(b) respecting the use of federal civil resources in response to civil emergencies;

(c) declaring a provincial emergency to be of concern to the federal government; and

(d) authorizing the provision of assistance, including financial assistance, to a province when a provincial emergency in the province has been declared to be of concern to the federal government and the province has requested assistance.

10. [Amendment]

*11. This Act shall come into force on a day to be fixed by proclamation.

* [Note: Act in force October 1, 1988, see SI/88-213.]