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Committee talks Emergency Management Act in Hay River

Just two members of the public – both representing the Town of Hay River – showed up at an Aug. 13 public meeting in Hay River on proposed territorial legislation on emergency management.

The hearing was held by the Legislative Assembly's Standing Committee on Government Operations.

Hay River North MLA R.J. Simpson, left, and Kieron Testart, MLA for Kam Lake and chair of Legislative Assembly's Standing Committee on Government Operations, listen to comments at an Aug. 13 public hearing in Hay River on Bill 8: Emergency Management Act. Paul Bickford/NNSL photo

Kam Lake MLA Kieron Testart, chair of the standing committee, explained Bill 8: Emergency Management Act would repeal the Civil Emergency Measures Act.

"It's intended to replace outdated legislation with a new framework to facilitate timely decision-making and effective and efficient co-ordination of resources and activities at both the strategic and operational levels," he said. "It sets out the respective functions, duties and powers of the GNWT and its public agencies and for local authorities related to emergency prevention, preparedness, mitigation, response and recovery."

The bill passed first and second reading in the Legislative Assemble before being referred to the standing committee for review.

"It's our responsibility as a standing committee to consult with residents of the NWT on what they like or don't like about the bill," said Testart.

Ross Potter, director of protective services with the Town of Hay River, said he was pleased with the emergency response from the GNWT in recent years, both for a fire across the Hay River from Paradise Valley and an evacuation from Kakisa due to another wildfire.

"The response we had from the Government of the Northwest Territories was phenomenal, I found," he said.

Potter said he was also impressed with the fast planning as problems arose, including for a possible evacuation of Hay River.

"I'm just hoping the act is helping us keep it at that speed," he said.

Potter said one of his concerns is the remuneration of funds from the GNWT and how fast that would happen in an emergency situation.

Testart said the new legislation gives the minister of Municipal and Community Affairs the final discretion on approving reimbursement.

"So we are going to be continuing to question the minister on this and to get clarity on whether or not regulations will be developed to clearly define when reimbursement can be demanded and to clearly lay out the responsibilities of local authorities," he said.

Testart listed the major changes in the new legislation.

An emergency management organization will be established to lead GNWT activities.

The current territorial response committee will be split into two functions – an emergency measures organization to manage emergency situations and a planning committee.

The process for renewing a state of local emergency will be changed.

"Ministerial approval will be required to renew, but not to declare a state of local emergency. And this is intended to ensure that a community government accesses the extraordinary powers associated with the declaration of a local emergency only as appropriate and to ensure that when a renewal of local emergency is warranted the situation has the attention of the minister and is dealt with accordingly by the emergency management organization," Testart explained.

Minimum requirements for content of local emergency plans and programs will be established.

The new act will clarify when community governments would be expected to repay territorial expenditures made on their behalf.

The legislation will eliminate obsolete provisions of the Civil Emergency Measures Act.

And the new act would extend indemnity for volunteers if they are executing their obligations as volunteers under the act.

Hay River North MLA R.J. Simpson explained a section protects those who carry out powers under the act from legal action where those actions are undertaken in good faith.

"It indemnifies persons acting under the local authority's direction, including volunteers, but not specifically for the local authority," he said. "And that is something that the committee will be raising with the minister."

Mayor Brad Mapes suggested the new legislation should have guidelines on how a community would get messages to the public in an emergency situation.

The standing committee will accept written submissions from the public on the new legislation until Aug. 24.

Testart said the committee will present a report during the October sitting of the Legislative Assembly.