Table of Contents 
Appendix 4
Legislation
Emergency legislation has been developed at both the Federal and Provincial levels to ensure a high level of emergency preparedness and response for all communities in Canada. Communities in Ontario include:
- Municipalities
- First Nations Communities
- Unorganized (unincorporated) Communities
Legislation establishes the parameters for ministry emergency response programs. The following briefly describes the applicable legislation and provides context for the MCSS Emergency Management Program Emergency Response roles and responsibilities.
Provincial Legislation
The provincial government is responsible for protecting public health and safety, property and the environment within its borders. The province co-ordinates the response to an emergency through Emergency Management Ontario. Whether the emergency is confined to one municipality of the province, or affects several areas/the entire province, provincial ministries will provide support to the affected area(s) in accordance with mandated requirements:
Emergency Management and Civil Protection Act
i. The legal basis for emergency management in Ontario is the Emergency Management & Civil Protection Act R.S.O. 1990, Chapter E.9, (hereafter referred to as the Emergency Management & Civil Protection Act or the Act).
ii. The Minister of Community Safety and Correctional Services formulates the Provincial
Emergency Response Plan under section 8.1 of the Act.
iii. The emergency powers conferred upon the Lieutenant Governor in Council or the Premier of Ontario by section 7, of the Act, may be delegated to a Minister of the Crown or the Commissioner of Community Safety (formerly known as Commissioner of Emergency Management), where the premier has declared that an emergency exists in Ontario.
iv. Crown employees, a member of a municipal council, an employee of a district social services administration board or a minister of the Crown will not be held liable for any act done in good faith under the Act (section 11 (1)).
Ontario Regulation 380/04
Ontario Regulation 380/04 of the Emergency Management & Civil Protection Act outlines regulatory requirements associated with the establishment of ministry emergency management programs in Ontario. The regulation details compliance standards for all provincial ministries.
Order in Council 1492/2005
The Lieutenant Governor in Council may assign to a ministry, the responsibility for the formulation of an emergency response plan to address a specific type of emergency.
Under Order in Council 1492/2005, the Ministry of Community and Social Services is required to formulate an emergency plan in respect to the following:
- Any emergency that requires emergency shelter, clothing and food; victim registration and inquiry services; personal services.
Under the same Order in Council, MCSS, MCYS and OFA are responsible to formulate emergency plans in respect to any emergency that affects the continuity of operations and services in their respective ministries.
Ontario Works Act, Regulation 134/98
Emergency financial assistance can be provided to individuals under section 56 of the Ontario Works Act. This assistance is not specific to an emergency; however, regulatory provisions are available to provide assistance on a short-term basis of up to half a month.
This assistance may be provided without the individual completing a formal application for services. Note: Emergency assistance under Ontario Works is distinct from funding available through the Ontario Disaster Relief Assistance Program (ODRAP) or infra-structure assistance that may be provided and administered by the Ministry of Municipal Affairs and Housing (MMAH).
Municipal Legislation
Pursuant to sections 2 and 3 of the Emergency Management and Civil Protection Act, municipalities shall formulate plans to respond to emergencies and adopt these plans by by-law.
The plans should also contain, where applicable, arrangements for the provision of services and assistance by county departments, local police services and local boards.
Pursuant to section 5 of the Act, plans of lower-tier municipalities in an upper-tier municipality shall conform to the plans of their upper-tier municipality.
i. Pursuant to section 14 of the Act, municipal emergency response plans shall conform to the standards set by the Minister of Community Safety and Correctional Services.
ii. Municipal emergency response plans shall authorize municipal employees to implement these plans in circumstances similar to those referred to in section 14 of the Act.
iii. Designated Municipalities. Pursuant to section 3. (4) of the Act, the Lieutenant Governor In Council may designate a municipality to address a specific type of emergency in its emergency plans.
iv. Support Municipalities. The province may specify municipalities as support municipalities prior to, during, or following an emergency. These municipalities shall provide support and assistance, as far as possible, to the designated municipality.
Support and assistance may include, but shall not be limited to:
- Essential Services
- Emergency Supplies
- Short-term supplies of goods and services that cannot be accessed via conventional means.
v. County Involvement. Counties, with the consent of their municipalities, may co-ordinate the emergency plans for those municipalities under sub-sections 3 (1) and 3 (3) of the Act.
vi. District Social Services Administration Board (DSSAB). Section 7 of the Act gives the Premier authority, in the rare circumstance of a provincial declaration of emergency, to make an order to “direct and control the administration, facilities and equipment of the municipality in the emergency area” and “require any municipality to provide such assistance as he or she considers necessary”. For purposes of section 7 of the Act, municipality is defined as including DSSAB. This means that the Premier could require a DSSAB to provide such assistance as he or she considers necessary, if an emergency is declared. The Act does not require DSSABs to have an Emergency Management Program.
Federal Legislation
Emergencies Act, R.S.C. 1985
The Emergencies Act enables the federal government to fulfil its constitutional responsibility to provide for the safety and security of Canadians during national emergencies.
Emergency Preparedness Act, R.S.C. 1985 – Repealed August 2007
Emergency Management Act, 2007, c.15 – effective August 3, 2007
The Emergency Management Act strengthens the Government of Canada's readiness to respond to all types of major emergencies. The Act reinforces efforts to ensure that Canada is well prepared to mitigate, prepare for, respond to and recover from natural and human-induced risks to the safety and security of Canadians.
The Emergency Management Act:
- Gives responsibility to the Minister of Public Safety to provide national leadership and set a clear direction for emergency management and critical infrastructure protection for the Government of Canada;
- Clearly establishes the roles and responsibilities of federal Ministers and enhances the Government of Canada's readiness to respond to all types of emergencies;
- Enhances collaborative emergency management and improves information sharing with other levels of government as well as the private sector; and
- Gives authority to the Minister of Public Safety, in consultation with the Minister of Foreign Affairs, to coordinate Canada's response to an emergency in the United States.
First Nations Agreements
First Nations Emergency Assistance Agreement, 1992
An agreement between the Province of Ontario and the Federal Government states that Ontario agrees to provide assistance in emergency preparedness and response to First Nations Communities. The agreement identifies the First Nations Communities entitled to this emergency assistance. Indian and Northern Affairs Canada (INAC) will reimburse provincial ministries for the incremental costs associated with emergency response in support of First Nations communities identified in the Agreement. Funding for First Nations Communities not covered by the agreement will need to be assessed on a case by case basis.
This Agreement titled “First Nations Emergency Assistance Agreement” (1992) ensures that Emergency Preparedness is provided on request from INAC or a First Nations Community.
The Federal-Provincial Agreement states that the Minister of Community and Social Services will ensure the availability of emergency shelter, clothing and food, victim registration and inquiry services, and personal services required in support of all emergencies.
Nishnawabe-Aski Nation (NAN) Protocol Agreement
This is an arrangement between the Nishnawabe-Aski Nation (NAN), INAC and the Government of Ontario concerning emergency response and evacuation. Generally, the agreement provides the following:
- The chief and council of a NAN First Nation is responsible for emergency preparedness, planning and evacuation
- The Federal Government provides support and funding
- Emergency Management Ontario (EMO) provides liaison, co-ordination and a central point of contact with other provincial ministries.
Although not specifically mentioned in the Agreement, MCSS planning anticipates ensuring the availability of emergency social services to NAN members on request from EMO.