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Report To: General Government Committee
Date of Meeting: January 22, 2018
Report Number: ESD -001-18
File Number:
Resolution: GG -040-18
By-law Number: 2018-010
Report Subject: Review of the Emergency Management By-law and Respond to
Resolution #C-135-17
Recommendations:
1. That Report ESD -001-18 be received; and
2. That the proposed Emergency Management By-law (Attachment 1 to Report
ESD -001-18) be adopted by Council.
Municipality of Clarington
Report ESD -001-18
Report Overview
Page 2
The purpose of this report is to respond to Resolution #C-135-17, a resolution arising out of
the Cedar Crest Beach flooding in the spring of 2017.
1. Background
On May 23, 2017 Council passed resolution #C-135-17:
That Staff arrange an information session for Councillors regarding emergency
planning and emergency management;
That Staff consider updates to By-law 99-161, including clear direction on the
roles and responsibilities of Members of Council; and
That staff report back on what communications should be provided to Members
of Council.
2. Response to Resolution #C-135-17
2.1 Information Sessions
In response to Resolution #C-135-17, Councillors attended two information sessions
regarding emergency planning and emergency management. The first was held on
June 2, 2017 at the Emergency Operations Centre (EOC) in which Council observed a
training exercise, that the Municipal Control Group participated in, with other
municipalities within the Region. The second session was held on November 24, 2017
During this session, Councillors received an overview of the EOC and emergency
planning and management information by way of a Municipal Council Management
Briefing Note.
2.2 Review of By-law 99-161
By-law 99-161 was updated in 2004. Report ESD -011-04 included the amending by-law
however, the draft by-law did not indicate that By-law 99-161 should be repealed when
Council passed By-law 2004-170 (Attachment 2). To correct this, Staff are suggesting
that By-law 99-161 be repealed.
Municipality of Clarington
Resort ESD -001-18 Paae 3
2.3 Communications to Members of Council during an Emergency
Resolution #C-135-17 also requested that staff report back on what communications
should be provided to Members of Council. Staff contacted the Office of the Fire
Marshal and Emergency Management (OFMEM) who confirmed that, at this time, there
are no specific responsibilities of Council identified through legislation. Communications
are identified in Annex H of Clarington's Emergency Plan. It states that the Mayor
(Executive Authority) has the following responsibilities:
x Declaration or termination of state of emergency within Clarington
x Policy decisions beyond the authority of the Chief Administrative Officer as the
Head of the Control Group
x Coordination with the Durham Region Chair
x Keeping Council informed and instructing Council as required
x Communications with all other levels of government
x Municipal Spokesperson
As the Community Emergency Management Coordinator (CEMC) I suggest that, during
a large scale emergency, when the Municipal EOC has been activated, the Mayor in his
or her role would disseminate information to Council as required. During small scale
emergencies, Clarington Emergency and Fire Services will provide information pertaining
to the event to the Emergency Communications Network as per current policy.
The Emergency Information Officer will disseminate accurate, timely, consistent and
clear information to Clarington residents, the community as a whole, media outlets and
Municipal staff on approval from the CEMC, CAO, Mayor and Emergency Control Group.
3. Emergency Management By-law
Staff have reviewed By-law 2004-170 (Attachment 2) and By-law 2017-003
(Attachment 3, which amends By-law 2004-170). Staff have determined that the By-law
should be brought up to date with the current standards. As a result, we are suggesting
that the Municipality repeal By-law 2004-170 and By-law 2017-003 and replace them
with the proposed by-law (Attachment 1).
3.1 Proposed Changes
As per the OFMEM, we have added the details of the composition of the Emergency
Management Program Committee (Section 2.6) to the proposed by-law.
Municipality of Clarington
Resort ESD -001-18 Paae 4
3.2 Changes Made for Clarity
The second paragraph in the preamble has been added.
3.3 Emergency Management By-law Housekeeping
To bring the by-law up to date, the following housekeeping has been included in the
proposed by-law:
x Added to the preamble:
f First paragraph - "and Civil Protection"
f Third paragraph - "under certain circumstances" and revise "residents of the
Region" to "inhabitants of the emergency area"
x Added the following definitions to Section 1.1:
f "emergency" has the same meaning as provided for in the Act
f "emergency area" has the same meaning as provided for in the Act
x Revised the definition of Emergency Plan in Section 1.1 to state:
"emergency plan has the same meaning as provided for in the Act"
x Added to Section 2.3:
f CEMC responsibilities include "but not be limited to the duty to"
f Section 2.3 a) — add "in conformity with Section 8 of the Act"
x Added the other members of the Municipal Emergency Control Group (MECG) to
Section 2.7 and identified that the list include their designated alternates:
f the Director of Engineering of the municipality
f the Director of Planning of the municipality
f the Communications and Tourism Manager of the municipality
f the Municipal Solicitor of the municipality
f the Manager of Information Technology of the municipality
x Removed the following members of the MECG originally identified in
By-law 2004-170 as they are not identified as municipal officials, municipal
employees or members of Council:
f the Durham Regional Police Representative
f Durham Health Services Representative
f Durham Social Services
x The Community Emergency Planning Committee (CEPC) has been revised to
Emergency Management Program Committee (EMPC) in Section 2.1 (b), 2.4 and
2.5.
Municipality of Clarington
Report ESD -001-18
Page 5
x To be in line with words in the Emergency Management and Civil Protection Act we
have revised the following sections:
f Section 3.6 to include:
"with the exception of plans respecting continuity of operations or
services"
f Section 2.2 to state:
"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."
f Section 4.2 has been revised to state:
"Upon declaring an emergency, the Mayor shall notify the Solicitor
General, EMO and other agencies identified on the declaration."
x Section 4.3 has been deleted
x Section 3.4 "These plans will be co-ordinated with all appropriate stakeholders and
issued under the authority of the Chief Administrative Officer" revised to state
"These plans will be brought forward to the Council of the municipality for adoption.
x Other grammatical or wording changes that do not change the intent of the section
and are not substantive.
4. Concurrence
This report has been reviewed by the Municipal Solicitor.
5. Conclusion
It is respectfully recommended that the proposed Emergency Management By-law
(Attachment 1 to Report ESD -001-18) be approved.
Municipality of Clarington
Report ESD -001-18 Page 6
6. Strategic Plan Application
Not applicable.
Submitted by: CJ `
Reviewed by:
Gord Weir, Andrew C. Allison, B. Comm, LL.B
Director of Emergency & Fire Services CAO
Staff Contact: Gord Weir, Director of Emergency & Fire Services, 905-623-5126 ext. 2802 or
gweir@clarington.net
Attachments:
Attachment 1 — Emergency Management By-law
Attachment 2 — By-law 2004-170
Attachment 3 — By-law 2017-003
There are no interested parties to be notified of Council's decision.
GW/pm
Attachment 1 to
Municipality of Clarington Report ESD -001-18
The Corporation of the Municipality of Clarington
By-law 2018 -XXX
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;
Attachment 1 to
Municipality of Clarington Report ESD -001-18
Now therefore, the Council of the Municipality of Clarington enacts as follows:
1. 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.
2, 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
Attachment 1 to
Municipality of Clarington Report ESD -001-18
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;
1) Volunteer agencies;
m) Elected official(s);
n) officials or employees of any level of government who are involved in
emergency management;
Attachment 1 to
Municipality of Clarington Report ESD -001-18
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;
1) 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.
Municipality of Clarington
3. Emergency Management Program
Attachment 1 to
bort ESD -001-18
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.
4. 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 aaencies 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.
Municiaality of Clarinaton
Attachment 1 to
bort ESD -001-18
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 day of )2018.
Adrian Foster, Mayor
Anne Greentree, Municipal Clerk
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The Municipality of Clarington
By-law No. 2004-170
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 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 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 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 residents of the
Region;
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 but has not yet been declared
to exist;
NOW THEREFORE, the Council of the Municipality of Clarington enacts as follows:
Definitions
1.1. In this by-law:
"Emergency Plan" means a plan formulated pursuant to the Emergency
Management Act
2. 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 (CEMC),
b) the Community Emergency Planning Committee (CEPC) and
c) the Municipal Control Group (MCG).
2.2. The designated CEMC for the Municipality shall be the Director of Emergency
and Fire Services. In accordance with Regulations, when filed by the province,
the CEMC shall be responsible and accountable for the development,
implementation and maintenance of the emergency management program.
3
2.3.
-2-
The responsibilities of the CEMC shall include:
a) write and update nuclear and non-nuclear plans and procedures;
b) co-ordinate the emergency plans of the municipality;
C) develop and conduct emergency management training programs;
d) develop and conduct training exercises;
C) develop and implement public education programs; and
f) during an emergency, provide advice to the MCG.
2.3. The CEPC 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.
2.4. The CEPC 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.
2.5. The MCG shall control all operations during an emergency. Members of the
MCG are:
a) the Mayor (the Executive Authority)
b) the Chief Administrative Officer (Operations Officer)
C) the Director of Emergency & Fire Services
d) the Durham Regional Police Representative
C) the Director of Operations
f) the Director of Community Services
g) the Municipal Clerk (Control Officer)
h) the Director of Finance
i) the Director of Corporate Services
j) Durham Health Services Representative
k) Durham Social Services
2.6. Depending on the type of emergency, the Operations Officer may authorize
additional members from other departments or organizations to become members
of the MCG.
Emergency Management Pro gram
3.1. The emergency management program shall be developed and implemented in
accordance with the standards published by EMO. 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 Municipal Emergency Plan shall govern the provision of necessary services
during an emergency and the procedures and the manner in which employees of
the Municipality will respond.
3.3. The Municipality shall submit a copy of the Municipal Plans and revisions, to the
Chief, EMO.
3.4. The CEMC may add any risk specific support plans, as deemed to be required.
These plans will be co-ordinated with all appropriate stakeholders and issued
under the authority of the Chief Administrative Officer.
3.5. These plans shall be updated as required and as determined by the CEMC.
-3-
3.6. The Municipal Emergency Plans and any risk specific plans shall be made
available to the public for inspection and copying during ordinary business hours.
4. Declaration of an Emer eg ncy
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 ("Municipal
Emergency") and may take such action and make such orders as is reasonable and
necessary to protect the health, safety and property of the residents of the Region.
4.2. The Mayor shall notify the Minister of Community Safety and Correctional
Services and local municipalities immediately upon the declaration of a Municipal
Emergency.
4.3. This by-law hereby authorizes employees of the Region to take action in
accordance with the Emergency Plan where an emergency exists but has not yet
been declared to exist.
4.4. This by-law hereby designates all Municipal employees as emergency workers in
the event of a Municipal Emergency and therefore all Regional employees may be
called out and assigned responsibilities to assist in the implementation of the
Emergency Plan.
5. This by-law may be referred to as the "EMERGENCY MANAGEMENT BY-LAW"
6. This by-law shall become effective upon enactment.
BY-LAW read a first time this 28th day of June 2004.
BY-LAW read a second time this 28th day of June 2004.
BY-LAW read a third time and passed this 28th day of June 2004.
John M , Mayar =
atti arrie urii. ip al Clerk
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The Corporation of the Municipality of Clarington
By-law 2017-003
Being a by-law to provide for the establishment and adoption
of an Emergency Management Program for the Municipality
of Clarington and amend the Emergency Management
Structure contained in By-law 2004-170
Whereas, By-law 2004-170 established Clarington's Emergency Management Structure
in accordance with the Emergency Management Act, R.S.O. 1990, c. E.9;
And Whereas, O. Reg. 380/04 s. 11 (2) requires that the committee membership include
the CEMC and a senior municipal official appointed by council;
And Whereas, O. Reg. 380/04 s. 11 (4) requires that council appoint a member of the
committee to be the chair of the committee;
Now therefore the Council of the Municipality of Clarington hereby enacts as follows:
1. That the Emergency Management Structure be amended to add the following as
Section 2.2.1:
"The designated CEMC is hereby appointed Chair of the Emergency
Management Program Committee."
2. This by-law shall come into force and take effect on the date of passing.
BY-LAW passed in open Council this 16th day of January, 2017
,,____Adri � Poster, Mayor
_A .e,�qr4entVee, Ounicipal Clerk