Section 1 (1) definition of "emergency" BEFORE amended by 2003-7-10(a), effective June 20, 2003 (BC Reg 249/2003).
"emergency" means a present or imminent event that
(a) is caused by accident, fire, explosion or technical failure or by the forces of nature, and
(b) requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property;
Section 1 (1) definition of "volunteer" BEFORE amended by 2003-7-10(b), effective June 20, 2003 (BC Reg 249/2003).
"volunteer" means a volunteer registered by a local authority or the Provincial Emergency Program.
Section 1 (1) definition of "municipality" BEFORE repealed by 2003-52-55, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
"municipality" means the corporation into which the residents of an area have been incorporated as a municipality under any Act and includes the City of Vancouver, but does not include an improvement district or a regional district;
Section 1 (1) definition of "local authority", paragraph (b) BEFORE amended by 2004-51-9, effective May 20, 2004 (Royal Assent).
(b) for an electoral area in a regional district, the board of the regional district if the regional district has been granted the powers of a municipality under the Emergency Program Act by a regulation under section 799 (1) (a) of the Local Government Act, or
Section 1 (1) definition of "emergency" BEFORE amended by BC Reg 346/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 346/2006).
"emergency" means a present or imminent event or circumstance that
(a) is caused by accident, fire, explosion, technical failure or by the forces of nature, and
(b) requires prompt coordination of action or special regulation of persons or property to protect the health, safety or welfare of a person or to limit damage to property;
Section 1 (1) definition of "government corporation" BEFORE amended by 2007-41-62, effective November 30, 2007 (BC Reg 399/2007).
"government corporation" has the same meaning as in the Financial Administration Act, and includes the Greater Vancouver Transportation Authority established under the Greater Vancouver Transportation Authority Act and any of its subsidiaries;
Section 2 (2) BEFORE amended by 2007-14-90, effective December 30, 2007 (BC Reg 354/2007).
(2) The Provincial Emergency Program is responsible for carrying out the powers and duties vested in it by this Act, the regulations and the minister.
Section 4 (2) (c) BEFORE amended by 2016-3-2, effective March 10, 2016 (Royal Assent)
(c) make payments and grants, subject to any terms or conditions that the minister may impose, to local authorities for the purposes of assisting in emergency prevention, preparedness and response;
Section 6 (2) BEFORE amended by 2004-51-10(a), effective May 20, 2004 (Royal Assent).
(2) A local authority must prepare or cause to be prepared local emergency plans respecting preparation for, response to and recovery from emergencies and disasters.
Section 6 (3) BEFORE amended by 2004-51-10(c), effective May 20, 2004 (Royal Assent).
(3) A local authority for a municipality or an electoral area must, for the municipality or electoral area for which it has responsibility, establish and maintain an emergency management organization to develop and implement emergency plans and other preparedness, response and recovery measures for emergencies and disasters and may
(a) appoint committees the local authority considers necessary or desirable to advise and assist the local authority, and
(b) appoint a coordinator for the emergency management organization.
Section 10 (1) (part) BEFORE amended by 2020-8-8, effective July 10, 2020 (BC Reg 172/2020).
(1) After a declaration of a state of emergency is made under section 9 (1) and for the duration of the state of emergency, the minister may do all acts and implement all procedures that the minister considers necessary to prevent, respond to or alleviate the effects of an emergency or a disaster, including any or all of the following:
Section 13 (6) BEFORE amended by 2003-52-56, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
(6) The local authority of a municipality or electoral area may, during or within 60 days after declaring a state of local emergency, by bylaw ratified by the Minister of Municipal Affairs and Housing, but without obtaining the assent of the electors, borrow any money necessary to pay expenses caused by the emergency.
Section 16 (1) BEFORE amended by 2002-7-1, effective March 28, 2002 (Royal Assent).
(1) Any expenditures under this Act considered necessary by the minister to implement a Provincial emergency plan or Provincial emergency measures may be paid out of the consolidated revenue fund without an appropriation other than this section.
Section 16 (1) BEFORE amended by 2016-3-3, effective March 10, 2016 (Royal Assent)
(1) Any expenditures under this Act considered necessary by the minister to implement a Provincial emergency plan or Provincial emergency measures, under section 7 or 10 (1) (a), may be paid out of the consolidated revenue fund without an appropriation other than this section.
Section 17 (1) BEFORE amended by 2003-7-11, effective June 20, 2003 (BC Reg 249/2003).
(1) If an emergency or a disaster is threatened or caused in whole or in part by the acts or omissions of a person and expenditures are made by the government to prevent, respond to or alleviate the effects of the emergency or disaster, the person must, on the request of the minister, pay to the Minister of Finance and Corporate Relations the lesser of
(a) the portion of the expenditures that is equal to the portion of the liability for the occurrence of the emergency or disaster that is attributable to the person, and
(b) the amount demanded by the minister.
Section 18 (a) and (b) BEFORE amended by 2007-14-215,Sch, effective December 1, 2007 (BC Reg 354/2007).
(a) the person in good faith doing or omitting to do any act that the person is appointed, authorized or required to do under this Act or the regulations, unless, in doing or omitting to do the act, the person was grossly negligent, or
(b) any acts done or omitted to be done by one or more of the persons who were, under this Act or the regulations, appointed, authorized or required by the person to do the acts, unless in appointing, authorizing or requiring those persons to do the acts, the person was not acting in good faith.
Section 19 (3) (b) BEFORE amended by 2011-25-481,Sch, effective March 18, 2013 (BC Reg 131/2012).
(b) the Commercial Arbitration Act applies to the dispute.
Section 23 BEFORE repealed by 2003-7-14, effective June 20, 2003 (BC Reg 249/2003).
Appeal board
23 (1) A person may, by delivering to the minister a written notice of appeal within 60 days after receipt of the decision of the director under section 21 (4) or 22 (4), appeal all or part of the director's decision.
(2) If a written notice of appeal is not received by the minister within the time limited for an appeal under subsection (1), the person is deemed to have accepted the decision of the director and no proceedings to review or appeal that decision may be brought by that person.
(3) If a written notice of appeal is received by the minister within the time limited for an appeal under subsection (1), the minister must establish an appeal board comprising
(a) one person who holds a position that is senior to the director in the ministry of the minister,
(b) one person appointed by the Minister of Municipal Affairs and Housing out of that minister's ministry, and
(c) one person appointed by the Minister of Finance and Corporate Relations out of that minister's ministry.
(4) On an appeal under this section, the appeal board must review the director's decision and any records on which it was based and may, but need not, do one or both of the following in conducting the review:
(a) request additional information from the appellant;
(b) convene a hearing.
(5) After conducting a review under subsection (4), the appeal board may, by order,
(a) in respect of a decision made under section 21 (4) (a),
(i) confirm the determination, or
(ii) overturn the determination and direct that the person be considered to be eligible to receive disaster financial assistance, or
(b) in respect of a decision made under section 22 (4), confirm, increase or decrease the amount of the disaster financial assistance.
(6) The appeal board must inform the appellant of the decision reached under subsection (5).
(7) A decision or order of an appeal board under this section is final and conclusive and is not open to question or review in a court on any grounds.
Section 24 (1) BEFORE amended by 2003-7-15(a), effective June 20, 2003 (BC Reg 249/2003).
(1) If a person is, under section 22 or 23, determined to be entitled to disaster financial assistance in an amount that is greater than the disaster financial assistance, if any, provided to the person under section 20, the government must promptly provide to the person the additional amount of disaster financial assistance decided by the director or ordered by the appeal board, as the case may be.
Section 24 (2) BEFORE amended by 2003-7-15(b), effective June 20, 2003 (BC Reg 249/2003).
(2) If a person is, under section 22 or 23, determined to be entitled to an amount of disaster financial assistance that is smaller than the amount of disaster financial assistance provided to the person under section 20, the person must repay to the government the amount of the disaster financial assistance that was an overpayment,
(a) if the decision to decrease the amount of the disaster financial assistance was made by the director and no appeal is brought in respect of the director's decision within the time limited for bringing that appeal under section 23 (1), promptly after the expiry of that appeal period, or
(b) in any other case, promptly after the appeal to the appeal board is decided or abandoned.