BILL NO. 243

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
54 Elizabeth II, 2005

Government Bill

Emergency Measures Act (amended)
and
Public Service Act (amended)

The Honourable Ernest L. Fage
Minister responsible for the Emergency Measures Act

First Reading: October 18, 2005

(Explanatory Notes)

Second Reading: October 21, 2005

Third Reading: November 1, 2005 (LINK TO BILL AS PASSED)

Clause 1 changes the short title of the Emergency Measures Act to the Emergency Management Act.

Clause 3 provides that the Emergency Management Office has the powers and shall perform the duties vested in it by the Act or assigned to it by the Minister.

Subclause 4(1) enables the Minister to enter into an agreement with a state of the United States of America in respect of emergency management plans or the provision of emergency services.

(a) an order or regulation made under the Act may be made retroactive to the date in the order or regulation; and

(b) an order or regulation made during a state of emergency or state of local emergency comes into force immediately, notwithstanding the Regulations Act.

1 Section 1 of Chapter 8 of the Acts of 1990, the Emergency Measures Act, is amended by striking out "Measures" in the first line and substituting "Management".

2 Section 2 of Chapter 8 is amended by

(a) striking out clause (a);

(b) striking out clause (c) and substituting the following clause:

(c) "Emergency Management Office" means the Emergency Management Office established pursuant to the Public Service Act;

and

(c) striking out clause (g) and substituting the following clause:

(g) "Minister" means the Minister of Emergency Management;

3 Section 4 of Chapter 8 is repealed and the following Section substituted:

4 The Emergency Management Office has and shall exercise and perform such powers and duties as are vested in it by or under this Act and those assigned to it by the Minister.

4 (1) Clause 7(1)(a) of Chapter 8 is amended by

(a) adding ", a state of the United States of America" immediately after "municipality" in the second line; and

(b) adding "or the provision of emergency services" immediately after "plans" in the fourth line.

(1A) Subject to the regulations, a person sent to the Province under an agreement entered into under clause (a) of subsection (1), who holds a licence, certificate or permit respecting the person's profession, trade or other qualifications from a jurisdiction that is a party to the agreement is deemed to be similarly qualified in the Province when providing assistance during a state of emergency or a state of local emergency.

(ba) respecting the recognition of the professional, trade or other qualifications of persons sent to the Province by another jurisdiction under an agreement entered into under clause (a) of subsection (1) of Section 7 during a state of emergency or state of local emergency;

(3) An order or regulation made under this Act may be made retroactive to the date in the order or regulation.

(4) Notwithstanding the Regulations Act, an order or regulation made under this Act during a state of emergency or a state of local emergency comes into force immediately on the signing by the Governor in Council or by the person who makes it, unless some other time is stated as being the time when it comes into force.

(a) striking out "measures" wherever it appears in Chapter 8 and substituting in each case "management"; and

(b) striking out "Measures Organization" wherever it appears in Chapter 8 and substituting in each case "Management Office".

25M (1) There shall be an Emergency Management Office.

(2) The Governor in Council may assign to a member of the Executive Council responsibility for the Emergency Management Office.

(3) The Emergency Management Office shall be presided over by the Minister of Emergency Management who has the supervision, direction and control of all affairs and matters relating to the Office and who shall supervise the performance of the functions of the Office.

(4) The Governor in Council may appoint a person to be Chief Executive Officer of the Emergency Management Office who shall be paid such salary as the Governor in Council determines and who shall perform such duties as are from time to time prescribed by the Governor in Council.

(5) The Chief Executive Officer of the Emergency Management Office is a deputy head in accordance with the Civil Service Act.

(6) Such other officers and employees as are required for the purposes of the Emergency Management Office may be appointed pursuant to the Civil Service Act and that Act applies to those employees.