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EMERGENCY MANAGEMENT AMENDMENT ACT, 2020 (NO. 2) (SA 2020 c7)

Bill 13

EMERGENCY MANAGEMENT
AMENDMENT ACT, 2020 (NO. 2)

Chapter 7

(Assented to May 12, 2020)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Amends RSA 2000 cE‑6.8

1   The Emergency Management Act is amended by this Act.

 

2   Section 1 is amended by renumbering it as section 1(1) and adding the following after subsection (1):

(2)  For greater certainty, a reference in this Act to an order

                                   (a)    made under section 19(1) or (1.1) includes an order made by the Managing Director or any other person authorized to make that order under section 19(7), and

                                   (b)    made under section 24(1)(b) includes an order made by a person authorized by a local authority to make that order under section 24(1)(c).

 

3   Section 17 is amended by striking out “or” at the end of clause (b) and adding the following after clause (b):

                          (b.1)    fails to comply with an order made

                                     (i)    under section 19(1)(d), (e), (f), (j) or (k) or 24(1)(b) with respect to the matters referred to in section 19(1)(d), (e), (f), (j) or (k), or

                                    (ii)    under section 19(1.1),

                                 or

4   Section 18(4)(a) is amended by striking out “pandemic influenza,” and substituting “pandemic,”.

 

5   Section 19 is amended

                             (a)    in subsection (1):

                                     (i)    in clause (d) by adding “or make an order to authorize or require” after “require”;

                                    (ii)    in clause (e) by adding “or make an order to control or prohibit” after “prohibit”;

                                   (iii)    in clause (f)

                                         (A)    by adding “or make an order to provide for” after “provide for”;

                                         (B)    by adding “or make an order to provide, maintain and co-ordinate” after “provide, maintain and co-ordinate”;

                                  (iv)    in clause (j) by adding “or make an order to procure or fix prices” after “procure or fix prices”;

                                   (v)    in clause (k) by adding “or make an order for the conscription” after “conscription”;

                             (b)    by adding the following after subsection (1):

(1.1)  In addition to any other orders the Minister is authorized to make under this Act, the Minister may make any order necessary, in the Minister’s opinion, to lessen the impact of the emergency.

                             (c)    in subsection (7) by striking out “subsection (1)” and substituting “subsection (1) or (1.1)”;

                             (d)    in subsection (8) by striking out “subsection (1)(g)” and substituting “subsection (1)(d), (e), (f), (g), (j) or (k) or (1.1)”.

 

6   Section 22(4) is amended by striking out “7 days” and substituting “at the end of 7 days, or at the end of 90 days if the declaration is in respect of a pandemic,”.

 

7   Section 23.1 is amended by adding “and 199” after “196”.

8   Section 24 is amended by adding the following after subsection (1):

(1.01)  Despite subsection (1)(b) and (c), the Minister may, by order, restrict, prohibit or terminate the exercise

                                   (a)    by a local authority of any power given to the Minister under section 19(1) in relation to the part of the municipality affected by the declaration of a state of local emergency, or

                                   (b)    by a person authorized by a local authority to exercise, in the operation of an emergency plan or program, any power given to the Minister under section 19(1) in relation to any part of the municipality affected by a declaration of a state of local emergency.

(1.02)  The Minister may, by order, rescind, cancel or modify any bylaw enacted, resolution passed, action taken, order made or direction given by a local authority during a state of local emergency.

(1.03)  The Regulations Act does not apply to an order made under subsection (1.01) or (1.02).

 

9   Section 27 is amended by striking out “section 19(1)(g)” and substituting “section 19(1)(d), (e), (f), (g), (j) or (k) or (1.1)”.

 

10   Section 28 is amended by striking out “section 19(1)(g)” and substituting “section 19(1)(d), (e), (f), (g), (j) or (k)”.

Related Amendment and Effective Date

Amends SA 2006 cP-3.5

11(1)  The Peace Officer Act is amended by this section.

(2)  Section 13(1.1) is amended by striking out “declaring the peace officers to have jurisdiction in any part of Alberta to which the declaration of a state of emergency or a state of public health emergency relates”.

Effective date

12   Section 11 has effect on March 17, 2020.