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B.C. Reg. 235/2023 O.C. 617/2023 | Deposited November 15, 2023 |
[Last amended July 8, 2024 by B.C. Reg. 190/2024]
Division 1 — Interpretation and General Matters
2 For the purposes of paragraph (a) (ii) of the definition of "critical incident" in section 1 (1) of the Act, the recovery of human remains is a prescribed purpose.
2.1 For the purposes of the definition of "emergency system" in section 1 (1) of the Act, a system that is designed to give warnings or notices to the public if an emergency is present is an emergency system if the warnings or notices are geographically targeted and are delivered by one or more of the following means:
(e) internet connected devices;
[en. B.C. Reg. 190/2024, Sch., s. 2.]
3 For the purposes of the definition of "specialized measure" in section 1 (1) of the Act, providing any of the following types of services is a prescribed type of action:
(a) search and rescue services;
3.1 (1) For the purposes of the definition of "treaty area" in section 1 (1) of the Act, the following treaty areas are prescribed:
(a) the Nass Area, as defined in the Definitions Chapter of the Nisg̱a'a Final Agreement, is prescribed as a treaty area of the Nisg̱a'a Nation;
(b) an area described in column 2 of the following table is prescribed as a treaty area of the Maa-nulth First Nation identified opposite in column 1:
Column 1 Treaty First Nation | Column 2 Treaty Area |
the Huu-ay-aht First Nations | the Maa-nulth First Nation Area of Huu-ay-aht First Nations as described in Appendix A-1 of the Maa-nulth First Nations Final Agreement |
the Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations | the Maa-nulth First Nation Area of Ka:'yu:'k't'h'/Che:k'tles7et'h' First Nations as described in Appendix A-2 of the Maa-nulth First Nations Final Agreement |
the Toquaht Nation | the Maa-nulth First Nation Area of Toquaht Nation as described in Appendix A-3 of the Maa-nulth First Nations Final Agreement |
the Uchucklesaht Tribe | the Maa-nulth First Nation Area of Uchucklesaht Tribe as described in Appendix A-4 of the Maa-nulth First Nations Final Agreement |
the Yuułuʔiłʔatḥ, being the Ucluelet First Nation as defined in section 29.1.1 of the Maa-nulth First Nations Final Agreement | the Maa-nulth First Nation Area of Ucluelet First Nation as described in Appendix A-5 of the Maa-nulth First Nations Final Agreement |
(c) an area described in column 2 of the following table is prescribed as a treaty area of the treaty first nation identified opposite in column 1:
Column 1 Treaty First Nation | Column 2 Treaty Area |
the Tla'amin Nation | the Tla'amin Area. the following areas as described in Appendix P of the Tla'amin Final Agreement: (a) Shared Harvest Area between Tla'amin and Homalco Indian Band; (b) Shared Harvest Area between Tla'amin and Klahoose First Nation; (c) Shared Harvest Area between Tla'amin and Homalco Indian Band and Klahoose First Nation. |
the Tsawwassen First Nation | the Tsawwassen Territory |
(2) Words and expressions used in subsection (1) (b) or (c) in relation to a specific treaty first nation and defined in the final agreement of that treaty first nation have the same meaning as in that final agreement.
[en. B.C. Reg. 190/2024, Sch., s. 2.]
4 For the purposes of paragraph (b) of the definition of "volunteer" in section 1 (1) of the Act, monetary compensation in relation to actions or measures, or time spent taking actions or measures, does not include an honorarium in relation to those actions, measures or time.
5 (1) The provincial administrator may, under section 30 (3) of the Act, grant an authorization to a person that is valid only for a specified period.
(2) If all or part of an authorization granted under section 30 (3) of the Act is valid only for a specified period, upon expiry of the specified period the whole or part of the authorization is deemed to be revoked by the provincial administrator.
6 For the purposes of section 32 (2) (f) of the Act, the following persons are prescribed:
(a) a coroner as defined in section 1 of the Coroners Act;
(b) a person retained to act as a coroner under section 55 of the Coroners Act.
6.1 (1) For the purposes of section 39 (4) of the Act, the provincial administrator must make the following available to the public:
(a) if, in the opinion of the provincial administrator, a risk assessment prepared or revised by a lead minister is complete, the risk assessment;
(b) the comprehensive emergency management plan.
(2) Subsection (1) does not apply to the following:
(a) any information that, in the opinion of the provincial administrator, could reasonably be expected to increase the risk of an emergency occurring;
(b) information that may not or must not be disclosed under the following provisions of the Freedom of Information and Protection of Privacy Act:
(i) section 12 (1) [cabinet confidences];
(ii) section 13 (1) [policy advice or recommendations];
(iii) section 14 [legal advice];
(iv) section 15 (1) or (2) [disclosure harmful to law enforcement];
(v) section 16 (1) [disclosure harmful to intergovernmental relations or negotiations];
(vi) section 17 (1) [disclosure harmful to the financial or economic interests of a public body];
(vii) section 18 [disclosure harmful to the conservation of heritage sites, etc.];
(viii) section 18.1 (1) [disclosure harmful to interests of an Indigenous people];
(ix) section 19 (1) or (2) [disclosure harmful to individual or public safety];
(x) section 21 (1) or (2) [disclosure harmful to business interests of a third party];
(xi) section 22 [disclosure harmful to personal privacy];
(xii) section 22.1 (2) [disclosure of information relating to abortion services].
[en. B.C. Reg. 190/2024, Sch., s. 2.]
7 (1) For the purposes of section 155 (2) (a) of the Act, a protected employee must give written notice to the employer as follows:
(a) notice must be given as soon as practicable after the protected employee is notified that they will be deployed under section 32 (4) of the Act or is notified of the order or emergency instrument referred to in section 155 (1) (b) of the Act;
(b) notice must include the following information:
(i) the protected employee's name, address and contact information, including contact information for the period the protected employee is deployed under section 32 (4) of the Act or is required to comply with the order or emergency instrument referred to in section 155 (1) (b) of the Act;
(ii) in the case of a protected employee who is deployed under section 32 (4) of the Act,
(A) the protected employee's unique training or experience, and
(B) the name of the person or entity that deployed the protected employee;
(iii) details of the purpose for which the protected employee is deployed under section 32 (4) of the Act or is required to comply with the order or emergency instrument referred to in section 155 (1) (b) of the Act, including the nature of the actions the protected employee will be taking, where the actions will be taken and the nature of the critical incident or emergency;
(iv) the start date and, if known, the expected end date of the period the protected employee will be deployed under section 32 (4) of the Act or be required to comply with the order or emergency instrument referred to in section 155 (1) (b) of the Act.
(2) If, after notice is given in accordance with subsection (1), the expected end date of the period referred to in subsection (1) (b) (iv) changes, the protected employee must, as soon as practicable after becoming aware of the change, give written notice to the employer of the new expected end date of the period.
(3) A protected employee may give written notice to an employer under section 155 (2) (a) of the Act or this section as follows:
(a) if the employer is an individual, by leaving the notice with the individual;
(b) by sending the notice to the employer by ordinary mail, registered mail, electronic mail or fax;
(c) by leaving the notice with an individual, or in a mailbox or mail slot, at the employer's place of business.
Division 2 — Emergency Management Planning by Lead Ministers
8 Each minister who is responsible for the administration of an Act, or portion of an Act, set out in column 1 of the Schedule is designated as a lead minister.
[en. B.C. Reg. 190/2024, Sch., s. 3.]
9 (1) For the purposes of section 44 (2) (a) of the Act, a minister responsible for the administration of an Act, or portion of an Act, set out in column 1 of the Schedule must prepare and maintain one or more risk assessments with respect to the hazards set out opposite in column 2.
(2) Each risk assessment prepared by a lead minister must do the following:
(a) be coordinated, and consistent in terms of methodology, format and content, with the risk assessments prepared by other lead ministers;
(b) assess how each hazard may cause, be the result of or otherwise relate to other hazards;
(c) assess the potential impact each hazard may have on food and water security.
[en. B.C. Reg. 190/2024, Sch., s. 3.]
10 (1) For the purposes of section 44 (2) (b) of the Act, a minister responsible for the administration of an Act, or portion of an Act, set out in column 1 of the Schedule must prepare and maintain one or more emergency management plans with respect to the hazards set out opposite in column 2.
(2) Each emergency management plan prepared by a lead minister must be coordinated, and consistent in terms of methodology, format and content, with the emergency management plans prepared by other lead ministers.
[en. B.C. Reg. 190/2024, Sch., s. 3.]
11 For the purposes of section 54 (a) (i) of the Act, in the case of a lead minister that is required to prepare or review and revise a risk assessment or an emergency management plan, a local authority, other than the Nisg̱a'a Nation or a treaty first nation, that meets both of the following requirements is in the prescribed class:
(a) the local authority has jurisdiction over an area
(i) that includes an area or people in an area that may be affected by a hazard that is required to be included in the risk assessment, or
(ii) to which the emergency management plan applies;
(b) the local authority requests to be consulted in accordance with that provision.
[en. B.C. Reg. 190/2024, Sch., s. 3.]
[en. B.C. Reg. 190/2024, Sch., s. 4.]
Emergency Management Planning by Lead Ministers
1 In this Schedule, "provincial public highway" has the same meaning as in section 1 of the Transportation Act.
Column 1 Act | Column 2 Hazards |
Animal Health Act | Diseases and Epidemics: (a) animal diseases. |
Assistance to Shelter Act | Atmospheric: (a) extreme temperature as it relates to housing. |
Dike Maintenance Act | Hydrologic: (a) flooding, including: (i) riverine flooding; (ii) flooding caused by ice jams and debris flows; (iii) coastal flooding (including sea level rise); (b) paragraph (a) does not include flooding caused by ice jams and debris flows that affects provincial public highways. |
Emergency and Disaster Management Act | Atmospheric: (a) extreme temperature (other than extreme temperature as it relates to housing or public health). Geologic:(a) earthquakes; (b) tsunamis; (c) volcanic eruptions (including ash falls, mud flows, pyroclastic flows and lava flows). |
Energy Resource Activities Act, other than Division 2 of Part 2 | Explosions and Emissions: (a) gas explosions or leaks relating to gas wells, refineries or power generation facilities; (b) gas explosions or leaks relating to pipelines. |
Environmental Management Act, Part 7 | Hazardous Materials: (a) hazardous spills (on site or on a transport route). |
Fire Safety Act | Explosions and Emissions: (a) explosions (other than gas explosions or leaks or mine explosions). Fires:(a) fires (other than wildfires or interface fires). |
Hydro and Power Authority Act | Power Outages: (a) electrical power outages or overloads. |
Land Act | Geologic: (a) landslides that do not affect provincial public highways. |
Mines Act | Explosions and Emissions: (a) mine explosions. |
Plant Protection Act, other than provisions of that Act as they relate to the treatment of the Spongy Moth | Diseases and Epidemics: (a) plant diseases; (b) pest infestations. |
Police Act, other than Part 7.1 | Civil Unrest: (a) riots; (b) public disorder. Terrorism:(a) terrorism (hostile acts against state, war). |
Public Health Act, other than sections 3, 4 and 66 as those provisions relate to mental health and addictions | Atmospheric: (a) extreme temperature as it relates to public health. Diseases and Epidemics:(a) human diseases. Hazardous Materials: (a) radiation; (b) infectious materials or biohazards. |
Transportation Act | Accidents: (a) motor vehicle incidents relating to provincial public highways. Geologic:(a) landslides, avalanches, debris avalanches and debris flows that affect provincial public highways. Hydrologic:(a) ice jams that affect provincial public highways. |
Water Sustainability Act | Hydrologic: (a) dam incidents and failure (includes foundations and abutments); (b) drought and water scarcity. |
Wildfire Act, other than as it relates to (a) the collection of public money, as defined in section 1 of the Financial Administration Act, other than a fine, or (b) the administration of deposits and securities payable. | Fires: (a) wildfires and interface fires. |
[Provisions relevant to the enactment of this regulation: Emergency and Disaster Management Act, S.B.C. 2023, c. 37, ss. 163, 165 (a), (c) and (e), 166, 167, 172 (f) and 173.]
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