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The Corporation of the Municipality of Clarington
By-law 2018-010
Being a by-law to provide for the establishment and adoption of an Emergency Management
Program for the Municipality of Clarington.
Whereas, under section 2.1(1) of the Emergency Management and Civil Protection Act,
R.S.O. 1990, c. E.9, as amended (the "Act"), the Council shall pass a by-law adopting an
emergency management program consisting of an emergency plan, training programs and
exercises for employees of the municipality and other persons with respect to the
provision of necessary services and the procedures to be followed in emergency response
and recovery efforts, and public education on risks to public safety and on public
preparedness;
And Whereas the municipality adopted an emergency plan pursuant to Clarington
By-law 2004-170 as amended;
And Whereas, the Act requires the emergency management program to conform to
standards promulgated by Emergency Management Ontario (“EMO”), including the four
core components of emergency management, namely: mitigation/prevention,
preparedness, response and recovery; and also requires every municipality to identify and
assess the various hazards and risks to public safety and identify elements of the
infrastructure that are at risk of being affected by emergencies;
And Whereas, the Act authorizes the Mayor, under certain circumstances, to declare that
an emergency exists in the Municipality or in any part thereof, and allows the Mayor to
take such action or make such orders as he or she considers necessary and that are not
contrary to law, to implement the emergency plan to protect the property and the health,
safety and welfare of the inhabitants of the emergency area;
And Whereas, the Act authorizes one or more members of Council to perform the duties
of the Mayor during his/her absence or his/her inability to act;
And Whereas, the Act authorizes employees of the Municipality to respond to an
emergency in accordance with the emergency plan where an emergency exists, whether
or not the emergency has been declared to exist;
Now therefore, the Council of the Municipality of Clarington enacts as follows:
Definitions
1.1. In this by-law:
“emergency” has the same meaning as provided for in the Act;
“emergency area” has the same meaning as provided for in the Act;
“emergency plan” has the same meaning as provided for in the Act.
Emergency Management Structure
2.1. There shall be established within the Municipality, a formal emergency management
structure, consisting of:
a) the Community Emergency Management Co-ordinator (the “CEMC”);
b) the Emergency Management Program Committee (the “EMPC”); and
c) the Municipal Emergency Control Group (the “MECG”).
2.2. The designated CEMC for the Municipality shall be the Director of Emergency and
Fire Services. The CEMC shall co-ordinate the development and implementation of
the municipality’s emergency management program within the municipality and
shall co-ordinate the municipality’s emergency management program in so far as
possible with the emergency management programs of other municipalities, of
ministries of the Ontario government and of organizations outside government that
are involved in emergency management. The CEMC shall be the chairperson of the
EMPC.
2.3. The responsibilities of the CEMC shall include but not be limited to the duty to:
a) write and update nuclear and non-nuclear plans and procedures in conformity
with Section 8 of the Act;
b) co-ordinate the emergency plan of the municipality;
c) develop and conduct emergency management training programs;
d) develop and conduct training exercises;
e) develop and implement public education programs; and
f) during an emergency, provide advice to the MECG.
2.4. The EMPC shall be established to provide the Municipality with a higher-level co-
ordinating body that will facilitate inter-departmental co-operation regarding policy
for emergency management and its four components: mitigation/prevention,
preparedness, response and recovery.
2.5. The EMPC shall review the state of emergency management in the Municipality and
provide policy advice regarding emergency management to facilitate co-ordination
between the various departments in the Municipality. The CEPC may, as it deems
necessary, establish sub-committees and working groups.
2.6. The membership of the EMPC shall include individuals from one or more of the
following organizations or categories:
a) the CEMC;
b) Durham Regional Police Service;
c) Durham Health Service, including Region of Durham Paramedic Services;
d) Clarington Public Works, Operations;
e) Local business and industry leadership that may be involved in emergency
management;
f) Transportation – public agencies and private corporations;
g) Clarington community land use planners;
h) Clarington economic development coordinator;
i) Natural resources agencies;
j) Education system, (all levels) – public, separate, and private as appropriate;
k) Social services with responsibilities in evacuations and receiving centres;
l) Volunteer agencies;
m) Elected official(s);
n) officials or employees of any level of government who are involved in
emergency management;
o) representatives of organizations outside government who are involved in
emergency management; or
p) persons representing industries that may be involved in emergency
management.
2.7. The MECG shall control all operations during an emergency. Members of the
MECG are the following, or their permitted alternates:
a) the Mayor of the municipality (the “Executive Authority”);
b) the Chief Administrative Officer of the municipality (the “Operations Officer”);
c) the Director of Emergency and Fire Services of the municipality;
d) the Director of Operations of the municipality;
e) the Director of Community Services of the municipality;
f) the Municipal Clerk of the municipality (the “Control Officer”);
g) the Director of Finance of the municipality;
h) the Director of Corporate Services of the municipality;
i) the Director of Engineering of the municipality;
j) the Director of Planning of the municipality;
k) the Communications and Tourism Manager of the municipality;
l) the Municipal Solicitor of the municipality; and
m) the Manager of Information Technology of the municipality.
2.8. Depending on the type of emergency, the Operations Officer may authorize
additional members from other departments to become members of the MECG.
Emergency Management Program
3.1. The emergency management program shall be developed and implemented in
accordance with the Act. The program shall include a community hazard analysis
and risk assessment, an emergency plan, training programs and exercises and
public education on emergency preparedness.
3.2. The emergency plan of the municipality shall govern the provision of necessary
services during an emergency and the procedures and the manner in which
employees of the Municipality will be required to respond.
3.3. The Municipality shall submit a copy of its emergency plan, as revised from time to
time, to the Chief, EMO.
3.4. The CEMC may add to the emergency plan any risk specific support plans, as
deemed to be required. These plans will be brought forward to the Council of the
municipality for adoption.
3.5. The emergency plan of the municipality shall be reviewed annually and any
proposed revisions brought forward to the Council of the municipality for adoption.
3.6. The emergency plan of the municipality and any risk specific plans shall be made
available to the public for inspection and copying during ordinary business hours,
with the exception of plans respecting continuity of operations or services.
Declaration of an Emergency
4.1. In accordance with the provisions with the Act, the Mayor may declare that an
emergency exists in the Municipality or any part thereof and may take such action
and make such orders as is reasonable and necessary to protect the health, safety
and property of the inhabitants of the emergency area.
4.2. Upon declaring an emergency, the Mayor shall notify the Solicitor General, EMO
and other agencies as identified on the declaration.
4.3. This by-law hereby designates all employees of the municipality as emergency
workers in the event of a municipal emergency and therefore any employee of the
municipality may be called upon and assigned responsibilities to assist in the
implementation of the emergency plan of the municipality in accordance with the
emergency response plan.
5. This by-law may be referred to as the "Emergency Management By-Law".
6. By-laws 99-161, 2004-170 and 2017-003 are repealed.
7. This by-law comes into effect on the date this by-law is passed by Council.
Passed this 5th day of June, 2018.