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Home My WebLink About99-161 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO.99- 161 EMERGENCY MEASURES BY-LAW MUNICIPALITY OF CLARINGTON EMERGENCY MEASURES PLANNING AND RESPONSE November, 1999 MUNICIPALITY OF CLARINGTON EMERGENCY MEASURES BY-LAW A By-Law to Provide for a Prompt and Coordinated Response to an Emergency The Council of the Municipality of Clarington under the authority vested in it by the Municipal Act R.S.O., 1990, and the Emergency Plans Act R.S.O., 1990 and in conformance with the Regional Municipality of Durham Emergency By-Laws 96-80 and 115-81,enacts a By-law to Provide for a Prompt and Coordinated Response to an Emergency as follows: Short Title 1. This by-law may be cited as the "Emergency Measures By-Law" Interpretation 2. In this by-law, (a) "act"means the Emergency Measures Act,R.S.O. 1990; (b) "agent"means a person,persons, company or any other organization employed to act on behalf of the Municipality of Clarington; (c) "CAO"means the Chief Administrative Officer of the Municipality of Clarington; (d) "council"means the Council of the Municipality of Clarington; (e) "councillor"means a member of the Council; (f) "director"means the Director of a Municipality of Clarington Department; (g) "emergency"means a present or imminent event in respect of which the Municipality of Clarington believes prompt co-ordination of action or regulation of persons or property must be undertaken to protect property or the health, safety or welfare of people in Clarington; (h) "emergency planning committee"means the emergency planning committee established pursuant to this by-law; (i) "employee" means a person employed either part or full time by the Municipality of Clarington; (j) "Fire Chief'means the Fire Chief of the Municipality of Clarington; (k) "mayor"means the mayor of the Municipality of Clarington or a councillor acting in the stead of the mayor; (1) "minister" means the member of the provincial parliament to whom is assigned the administration of the Emergency Measures Act and regulations; (m) "municipal emergency plans" means plans, programs or procedures prepared by the Municipality of Clarington that are intended to mitigate the effects of an emergency or disaster and to provide for the safety, health or welfare of the population and the protection of property in the event of such an occurrence; (n) "municipal emergency measures coordinator"means the person appointed by Council pursuant to this by-law; (o) "municipal emergency measures organization" means the organization established pursuant to this by-law; (p) "municipal control group"means the control group established pursuant to this by-law; (q) "municipality"means the Municipality of Clarington; (r) "state of emergency regulations" means regulations approved by the Governor in Council as amended from time to time; (s) "state of emergency" means a state of emergency declared by the Municipality of Clarington pursuant to the Act or renewed by the Municipality of Clarington pursuant to the Act and regulations made pursuant thereto and this by-law; 1 MUNICIPALITY OF CLARINGTON EMERGENCY MEASORES BY-LAW (t) "volunteer fire fighter" means any individual who gives of their time, skills and knowledge by providing emergency services in accordance with regulations for the Municipality of Clarington Fire Service. Municipal Emergency Measures Organization 3. (1) The Council hereby establishes a Municipal Emergency Measures Organization. (2) The Municipal Emergency Measures Organization shall consist of the following committees and persons: (a) a Municipal Control Group; (b) a Municipal Emergency Measures Co-ordinator; and (c) a Municipal Emergency Planning Committee. Municipal Control Group 4. (1) The Municipal Control Group shall consist of the Chief Administrative Officer,the Emergency Measures Coordinator,and the director or chief of every municipal department or agency which is assigned emergency related functions under municipal emergency plans and, where no department or agency exists,a person qualified to execute the required emergency function. The Chief Administrative Officer will chair the Municipal Control Group. (2) The Municipal Control Group may also include persons responsible during an emergency to coordinate the following functions: (a) income assistance; (b) social services;and (c) health services. (3) During emergency conditions within or affecting Clarington, the following functions are the responsibility of the Municipal Control Group: (a) law enforcement; (b) search and rescue; (c) fire control services; (d) hazardous materials control services; (e) transportation; (f) engineering services; (g) water; (h) wastewater control services; (i) solid waste control services; 0) telecommunications; (k) financial services; (1) legal services; (m) administrative services; (n) human resource management(including health and safety); (o) information systems; (p) purchasing/materials management; (q) physical,social and environmental planning; and (r) public information. 2 MUNICIPALITY OF CLARINGTON EMERGENCY MEASURES BY-LAW (4) Each member of the Municipal Control Group shall prepare an emergency plan for the emergency functions assigned in municipal emergency plans to their department,agency or area of responsibility. Members will submit plans to the Emergency Measures Planning Committee for approval. Plans include training and exercise programs. (5) The Municipal Control Group shall: (a) assist the Municipal Emergency Measures Coordinator in the preparation and coordination of municipal emergency measures plans; (b) act as members of the Municipal Emergency Planning Committee for the development of municipal emergency measures plans; (c) following activation of the municipal or departmental emergency plan or a declaration of state of emergency, prescribe, as necessary, duties to be fulfilled by employees, agents,and volunteer fire fighters of the municipality; and (d) perform such other duties as may be required by the Municipal Emergency Measures Planning Committee or the Council. Municipal Emergency Measures Coordinator 6. (1) The Municipal Emergency Measures Co-ordinator shall be appointed by Council. (2) The Municipal Emergency Measures Co-ordinator shall: (a) form and chair an Emergency Planning Committee to address planning issues within the municipality. (b) coordinate and prepare municipal emergency measures plans,training and exercises; (c) be responsible for on-going public self-help education programs related to emergency preparedness; (d) following activation of a municipal emergency plan or a declaration of state of emergency, prescribe, as necessary, duties to be fulfilled by employees, agents, and volunteer fire fighters of the Municipality of Clarington; and (d) perform such other duties as may be required by the Council. Municipal Emergency Planning Committee 7. (1) The Municipal Emergency Planning Committee shall consist of the Municipal Control Group and other persons deemed necessary by the Municipal Emergency Measures Coordinator. (2) The Municipal Emergency Planning Committee shall: (a) under the direction of the Municipal Emergency Measures Coordinator, address emergency planning issues within the municipality; (b) develop emergency measures plans and procedures as required; (c) assist with the reviews of municipal emergency plans and agreements; (d) upon request, assist the Municipal Emergency Measures Coordinator with the presentation of municipal emergency measures plans to Council; and (e) perform such other duties as may be required by the Council. Agreements 8. (1) Subject to preliminary approval of Council,the Municipal Emergency Measures Control Group may,as part of municipal emergency measures plans,negotiate agreements to be approved by the Council or person designated by the Council with the Government of Canada, the Province of Ontario,Regional Municipality of Durham,a municipality,city or town,or any other agency or any person. (2) Any agreement negotiated under subsection 7(1)is not binding until approved by Council. 3 • MUNICIPALITY OF CLARINGTON EMERGENCY MEASURES BY-LAW Duties of Council 9. (1) The Council shall review and evaluate municipal emergency plans presented to it by the Municipal Emergency Measures Coordinator. (2) The Council may specify additional duties to be fulfilled by the Municipal Control Group,the Municipal Emergency Measures Co-ordinator and the Municipal Emergency Measures Planning Committee. (3) The Council may appropriate and expend monies: (a) to pay reasonable expenses of members of the Municipal Emergency Measures Planning Committee, the Municipal Emergency Measures Co-ordinator and the Municipal Control Group;and (b) to fulfil the terms and conditions of an agreement approved by the Council pursuant to Section 7. Declaration of a State of Emergency 10. (1) The Mayor,acting under Section 4(2)of the Act shall declare a state of emergency by completing the required documentation in accordance with current regulations. (2) With the approval of the Minister,the Council may renew a state of emergency by completing the required documentation in accordance with current regulations. (3) The Mayor may terminate a state of local emergency by completing the required documentation in accordance with current regulations. (4) A copy of a declaration signed under this Section shall immediately be delivered or faxed to the Minister,the Director Emergency Measures Ontario, and the Director of Durham Emergency Measures Organization. (5) Following the signature of a declaration under Section 9,the Mayor shall immediately cause the details of the declaration,or termination of the declaration to be communicated,or published by such means as considers the most likely to make the contents of the declaration or termination known to the people of the area affected. Duties During an Emergency 11. (1) Following the activation of any municipal emergency plan(s) every employee, agent, and volunteer firefighter of the municipality who has a role in such emergencies as assigned in the municipal emergency measures plans,and departmental plans,shall fulfil such duties as may be prescribed by those plans and any additional duties as may be prescribed by the plans and the Municipal Control Group. (2) Following the issuance of a declaration under Section 9 and for the duration of the state of emergency every councillor shall keep the Mayor informed of their whereabouts. Expenses 12. (1) The Chief Administrative Officer and/or Treasurer are hereby authorized to expend funds in the event of an emergency. Revisions of the Municipality of Clarington Emergency Plans 13. (1) The Emergency Measures Coordinator is hereby authorized and appointed to make minor revisions and administrative changes to the emergency plans as required. (2) The Emergency Measures Coordinator is hereby authorized and appointed to make substantive policy and procedural revisions to the emergency plans for review and approval by Council. Read a first and second time this 8th day of November, 1999. Read a third time and finally passed this 8th day of November, 1999. Mayor Municipal Clerk 4