After almost 30 years1 since the last substantial update (1993) to B.C.’s current emergency management legislation (the Emergency Program Act), the B.C. NDP introduced new legislation for a 1st reading on October 3rd, 2023, the first day of the fall legislative session. This comes as the Province of B.C. continues to respond to and begins recovery from the most destructive and most expensive2 wildfire season in provincial history.
Long Anticipated Update to B.C.’s Emergency Management Legislation Has Arrived
Marking a historic moment of modernization for emergency and disaster management governance in B.C. and across Canada, the B.C. NDP has tabled the new Bill 31 – 2023: Emergency and Disaster Management Act. The road up to this point has been long anticipated across the emergency and disaster management community in B.C. A deliberate focus on modernization first emerged five years ago in 2018, when the Province adopted the Sendai Framework for Disaster Risk Reduction. Since then, the Province has been continually responding to large-scale disasters, including the COVID-19 pandemic, and the 2021 and 2023 floods and wildfires. In 2019, B.C. also passed the Declaration on the Rights of Indigenous Peoples Act, which has guided substantial updates in the new legislation related to Indigenous governing bodies, knowledge, traditional territories, and treaty areas. The new Act signals an increased focus on climate change, harmonization, self-government of Indigenous Peoples, and investment in risk reduction.
Highlights of the New Act
As we began reading through the new Act, one thing stood out: the Emergency and Disaster Management Act is substantially broader than the previous Emergency Program Act in each of its scope, scale, and subsequently, compliance requirements.
The new Act includes dozens of material changes that local governments, communities, and critical infrastructure owners should be aware of. Here are some highlights to start thinking about. The new Act:
Includes provisions across all four phases of emergency management (mitigation, preparation, response, and recovery)
Updates the formal definition of “emergency,” which now includes transmissible disease, environmental toxins, security threats, and terrorist activities, on top of existing provisions
Adds roles for critical infrastructures owners and volunteers
Requires regulated parties (including for critical infrastructure owners) to consult and cooperate with Indigenous governing bodies
Requires risk assessments specific to the effects of climate change
Adds reporting requirements, including for critical infrastructure owners
Adds compliance, enforcement, and cost recovery provisions, including the imposing of penalties for non-compliance
Next Steps for Communities, Critical Infrastructure Owners, and Partner Organizations
Once adopted by the provincial government, the repeal of the Emergency Program Act and replacement with this new Act will require governments, communities, critical infrastructure owners, and other partner organizations to implement substantial change management, enhancement, and continual improvement to their emergency and disaster management programs.
Here are some next steps to take now that the new legislation has been introduced:
1. Get familiar with the new Act and stay up to date: Changes to this legislation will bring significant ripple effects for emergency and disaster management planning, which is likely to impact business activities. Although the new legislation will be phased in over time, staying up to date will help you develop a strategic approach forward. Subscribe to the Province’s update page here: Modernized emergency management legislation.
2. Prepare your organization for change: The sooner your organization initiates strategic planning and management of change for this new legislation, the better prepared it will be to meet the subsequent regulations (which are anticipated to be introduced in late 2023 through 2025). If your organization hasn’t started already, now is a good time to start considering the operational, financial, and compliance effects of this change.
3. Participate in discussions to inform future regulations: The Province has opened the opportunity for engagement on the development of regulations for local authority emergency management and post-emergency financial assistance. Written submissions can be submitted on the govTogetherBC site until December 31st, 2023.
4. Cultivate future partnerships: There is substantial emphasis across the new Act dealing with the theme of agreements. That is, on coordination, cooperation, co-management, and partnerships between governments (such as multi-jurisdictional emergency management organizations). The focus of agreements in the new legislation represents opportunities to find both efficiency and increased capacity through the development of strategic partnerships. Reflect on your current relationship with potential partners and start conversations about moving forward together.
Are you and your community or organization ready for the changes caused by this new legislation? For more information, contact us and we would be happy to discuss your emergency program.