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TOWN OF BOWDEN
PROVINCE OF ALBERTA
BYLAW 13/2001

BEING A BYLAW OF THE TOWN OF BOWDEN IN THE PROVINCE OF ALBERTA TO
ESTABLISH A MUNICIPAL DISASTER SERVICES AGENCY

WHEREAS, the Council of the Town of Bowden is responsible for the direction and control of its emergency response and is required, under the Disaster Services Act, R.S.A. 1980, c.D-36, to appoint a Disaster Services Committee and to establish and maintain a Municipal Disaster Services Agency; and

AND WHEREAS, it is desirable in the public interest, and in the interests of public safety, that such a committee be appointed and such an agency be established and maintained to carry out Council's statutory powers and obligations under the said Disaster Services Act.

NOW THEREFORE, , the Council for the Town of Bowden in the Province of Alberta, duly assembled, enact as follows:

  1. This Bylaw may be cited as the Municipal Disaster Services Agency Bylaw.

  2. In this Bylaw,
    a) "Act" means the Disaster Services Act, R.S.A. 1980, cD-36;
    b) "Council" means the Council of the Town of Bowden;
    c) "Director" means the Director of Disaster Services;
    d) "Disaster" means an event that has resulted or may result in serious harm to the safety, health or welfare of people, or in widespread damage to property;
    e) "Disaster Services Committee" means a committee of Council appointed by resolution;
    f) "Emergency" means a present or imminent event that requires prompt co-ordination of action or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property;
    g) "Minister" means the Minister charged with administration of the Act;
    h) "Municipal Disaster Services Agency" means the agency established under this Bylaw
    i) "Municipal Emergency Plan" means the emergency plan prepared by the Director of Disaster Services to co-ordinate response to an emergency or disaster; and
    j) "Town" means the Town of Bowden.

  3. There is hereby established a Disaster Services Committee to advise Council on the development of emergency plans and programs. This committee will comprise of one (1) member of Council, with one alternate, to be appointed by resolution.

  4. There is hereby established a Municipal Disaster Services Agency to act as the agent of the Council to carry out its statutory powers and obligations under the Act. This does not include the power to declare, renew, or terminate a state of local emergency, nor the power contained in Section 12 of this Bylaw.

  5. Council shall:
    a) provide for the payment of expenses of the members of the Disaster Services Committee;
    b) by resolution, on the recommendation of the Disaster Services Committee, appoint a Director of Disaster Services (see attached Schedule "A");
    c) ensure that emergency plans and programs are prepared to address potential emergencies or disasters in the Town;
    d) approve the Town of Bowden's emergency plans and programs; and
    e) review the status of the Municipal Emergency Plan and related plans and programs at least once each year.
  6. Council may:
    a) by Bylaw borrow, levy, appropriate and expend, without the consent of the electors, all sums required for the operation of the Municipal Disaster Services Agency;
    b) enter into agreements with and make payments or grants, or both, to persons or organizations for the provision of services in the development or implementation of emergency plans or programs, including mutual aid plans and programs according to the provisions of the Municipal Government Act; and
    c) by resolution on the recommendation of the Disaster Services Committee, appoint one or more Deputy Directors of Disaster Services.

  7. The Disaster Services Committee shall:
    a) review the Municipal Emergency Plan and related plans and programs on a regular basis;
    b) advise Council, duly assembled, on the status of the Municipal Emergency Plan and related plans and programs at least once each year; and
    c) recommend to Council any changed to the Municipal Emergency Plan if appropriate.
  8. The Municipal Disaster Services Agency shall be comprised of those people or positions as outlined in Schedule "A" hereto.

  9. The Director of Disaster Services shall:
    a) prepare and co-ordinate the Municipal Emergency Plan and related plans and programs for the Town of Bowden;
    b) act as director of emergency operations or ensure that someone is designated under the Municipal Emergency Plan to so act on behalf of the Municipal Disaster Services Agency; and
    c) co-ordinate all emergency services and other resources used in an emergency.
  10. The power to declare or renew a state of local emergency under the Act, the powers specified in Section 12 of this Bylaw, and the requirement specified in Section 15 of this Bylaw are hereby delegated to the Mayor or Deputy Mayor, or Two Councillors acting jointly.

  11. When a state of local emergency is declared, the person or persons making the declaration shall:
    a) ensure that the declaration identifies the nature of the emergency;
    b) cause the details of the declaration to be published immediately by such means of communication considered most likely to notify the population of the Town; and
    c) forward a copy of the declaration to the Minister forthwith.
  12. Subject to Section 13, when a state of local emergency is declared, the person or persons making the declaration may:
    a) cause the Municipal Emergency Plan or any related plans or programs to be put into operation;
    b) acquire or utilize any real or personal property considered necessary to prevent, combat or alleviate the effects of an emergency or disaster;
    c) authorize or require any qualified person to render aid of a type he or she is qualified to provide;
    d) control or prohibit travel to or from any area of Town;
    e) provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and co-ordinate emergency medical, welfare and other essential services in the Town;
    f) cause the evacuation of persons and the removal of personal property from any area of the Town that is or may be affected by a disaster and make arrangements for the adequate care and protection of those persons and personal property;
    g) authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program;
    h) cause the demolition or removal of any trees or structures if the demolition or removal is necessary or appropriate in order to reach the scene of a disaster or to attempt to forestall its occurrence or to combat its progress;
    i) procure or fix prices for food, clothing, fuel, equipment, medical supplies, or other essential supplies and the use of any property, services, resources or equipment within the Town for the duration of the state of emergency;
    j) authorize the conscription of persons needed to meet an emergency; and
    k) authorize any persons at any time to exercise, in the operation of the Municipal Emergency Plan and related plans or programs, any power specified in Paragraphs (b) through (j) in relation to any part of the Town affected by a declaration of a state of local emergency.
  13. When, in the opinion of the person or persons declaring the state of local emergency, an emergency no longer exists in relation to which the declaration was made, they shall terminate the declaration.

  14. When a declaration of a state of local emergency has been terminated, the person or persons who made the declaration shall cause the details of the termination to be published immediately by such means of communication considered most likely to notify the Town.

  15. This Bylaw shall come into effect upon third and final reading.

  16. Bylaw No. 514 is hereby repealed.

Read a first time this _________ day of ___________________________________________, 2001

Read a second time this ____ day of _____________________________________________, 2001

Approved unanimously this ________ day of __________________________________, 2001. to be presented for third reading at this meeting.

Read a third time and finally passed, this _________ day of ____________________________, 2001

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