WHEREAS the Province of Ontario has enacted the Emergency Plans Act, which permits the formulation of or the authorization of the formulation of an emergency plan by the council of a municipality;
AND WHEREAS the Emergency Plans Act authorizes the head of the council of a municipality to declare that an emergency exists in the municipality or in any part thereof and authorizes the head of council to take such action or deliver such orders as considered necessary and not contrary to law, to implement the emergency plan in the municipality;
AND WHEREAS the Emergency Plans Act permits an emergency plan to authorize employees of the municipality to take action under the plan where an emergency exists but has not yet been declared to exist;
AND WHEREAS the aim of an emergency plan is to make provision for the extraordinary arrangements and measures that may have to be taken to safeguard the property, health, safety and welfare of the inhabitants of a municipality faced with an emergency, in those situations where the provincial emergency plan is unlikely to be implemented or until it is implemented;
AND WHEREAS the Council of The Municipality of Metropolitan Toronto considers it necessary and expedient to enact a by-law to establish the framework for responding to an emergency and to authorize the Metropolitan Toronto Emergency Planning Committee to formulate an emergency plan;
NOW, therefore, the Council of The Municipality of Metropolitan Toronto HEREBY ENACTS as follows:
| 1. | Definitions
In this By-law | |||
| (a) | "Act" means the Emergency Plans Act; | |||
| (b) | "area municipality" has the meaning as defined in the Municipality of Metropolitan Toronto Act; | |||
| (c) | "Chief of Police" means the Chief of Police of the Metropolitan Police Service; | |||
| (d) | "Chief Operations Officers" means the persons designated to coordinate the emergency operations of the Municipal Control Group and the Municipal Support Group; | |||
| (e) | "Committee" means the Municipality of Metropolitan Toronto Emergency Planning Committee; | |||
| (f) | "Corporation" means the Municipality of Metropolitan Toronto; | |||
| (g) | "Council" means the Metropolitan Council; | |||
| (h) | "emergency" means a situation caused by the forces of nature, an accident, an intentional act or otherwise that constitutes a danger of major proportions to life or property; | |||
| (i) | "Metropolitan Area" has the meaning as defined in the Municipality of Metropolitan Toronto Act; | |||
| (j) | "Metropolitan Chair" means the Chair of the Metropolitan Council; | |||
| (k) | "Municipal Control Group" means the members of the Committee, referred to in section 10 of this by-law, responsible for the management of an emergency; | |||
| (l) | "Municipal Support Group" means the members of the Committee, referred to in section 11 of this by-law, responsible for providing support to the Municipal Control Group during an emergency; and | |||
| (m) | "plan" means a plan formulated pursuant to this by-law governing the provision of necessary services during an emergency and the procedures for employees of the Metropolitan Corporation and other persons to respond to such emergency. | |||
| EMERGENCY PLANNING COMMITTEE | ||||
| 2. | Composition of the Committee | |||
| (1) | The persons from time to time holding the following positions in the Corporation, or their successors, shall be members of the Committee: | |||
| (a) | the Metropolitan Chair, | |||
| (b) | one member of Council appointed by the Council, | |||
| (c) | the Metropolitan Chief Administrative Officer, | |||
| (d) | the Metropolitan Commissioner of Works, | |||
| (e) | the Metropolitan Commissioner of Community Services, | |||
| (f) | the Metropolitan Commissioner of Ambulance Services, | |||
| (g) | the Metropolitan Commissioner of Transportation, | |||
| (h) | the Metropolitan Commissioner of Parks and Culture, and | |||
| (i) | the Metropolitan Solicitor. | |||
| (2) | With the consent of the Council of the City of Toronto, the persons from time to time holding the following positions with the Corporation of the City of Toronto, or their successors, shall be members of the Committee: | |||
| (a) | the Medical Officer of Health, | |||
| (b) | the Executive Director, Management Services, and | |||
| (c) | the Commissioner of Buildings and Inspections. | |||
| (3) | With the consent of the appropriate agency, board, commission, corporation or organization, the persons from time to time holding the following positions with the following agencies, boards, commissions, corporations and organizations, or their successors, or designated as representatives of the following agencies, boards, commissions, corporations and organizations, shall be members of the Committee: | |||
| (a) | the Chief of Police, | |||
| (b) | the Co-ordinator, Emergency Measures Planning, Metropolitan Toronto Police Service, | |||
| (c) | the Chief General Manager, Toronto Transit Commission, | |||
| (d) | the Metropolitan Toronto Fire Co-ordinator, | |||
| (e) | a representative of the Metropolitan Toronto and Region Conservation Authority, | |||
| (f) | a representative of the Toronto Harbour Commission, | |||
| (g) | a representative of the Toronto Hydro Electric Commission, | |||
| (h) | a representative of Consumers Gas, | |||
| (i) | a representative of Bell Canada, | |||
| (j) | a representative of the Insurance Bureau of Canada, | |||
| (k) | a representative of St. John Ambulance, | |||
| (l) | a representative of the Metropolitan School Board, and | |||
| (m) | a representative of the Metropolitan Separate School Board. | |||
| 3. | The Role of the Committee | |||
| (1) | The Committee is responsible for: | |||
| (a) | the formulation and development of the plan for all departments of the Corporation and agencies and local boards under the jurisdiction of the Council; and | |||
| (b) | the co-ordination of any procedures for implementation of the plan developed by such departments, agencies and local boards for the purpose of integration with the plan. | |||
| (2) | The Committee shall make reasonable efforts to ensure that the departments, agencies and local boards referred to in subsection (1) have adequate procedures to implement the plan and that those procedures are developed and amended as required and are provided to the Committee on a regular basis. | |||
| (3) | The Committee shall make reasonable efforts to ensure that the departments, agencies and local boards referred to in subsection (1) maintain adequate emergency planning and training programs and that these programs are continued in a co-ordinated and consistent way for the purpose of maintaining up-to-date procedures. | |||
| (4) | The Committee is authorized, with the consent of the relevant area municipality, agency, board, commission, corporation or organization, to train or to provide for the training of, employees of an area municipality, agency, board, commission, corporation or organization to perform their assigned responsibilities under the plan. | |||
| (5) | The Committee shall report to the Metropolitan Corporate Administration Committee, | |||
| (a) | on the plan formulated pursuant to this by-law or any revision thereto, and | |||
| (b) | on all steps taken by the Municipal Control Group pursuant to a declaration of emergency made under subsection 7(1) of this by-law. | |||
| (6) | A report made pursuant to claus (5)(b) of this section shall be made as soon as reasonably possible after the termination of a declaration of emergency and, in any event, no later than 90 days therefrom. | |||
| 4. | The Role of the Chair | |||
| (1) | The Metropolitan Chair shall be the chair of the Committee and shall have the responsibility and authority to direct its operations, co-ordinate its activities and convene its meetings, and shall report on its behalf to the Metropolitan Corporate Administration Committee and Council pursuant to the requirements of this by-law. | |||
| (2) | The Metropolitan Chair may delegate to one or more members of the Committee all or part of the authority conferred upon him or her under subsection (1). | |||
| 5. | Quorum and Designation | |||
| (1) | A majority of the members of the Committee is necessary to constitute a quorum. | |||
| (2) | Any member of the Committee may designate another individual to attend meetings of the Committee convened under subsection 4(1) and any such designate shall have all the powers of the member of the Committee for the purposes of such meetings. | |||
| CONTENTS OF THE PLAN | ||||
| 6. | Requirements for the Plan
Every plan formulated pursuant to this by-law shall include a provision that the Municipal Control Group, and the persons set out in column 1 of Table A shall, with the permission of the relevant area municipality, agency, board, commission or organization and subject to the overall direction of the Chief Operational Officers, be responsible for and is authorized in the event of an emergency to co-ordinate the provision of emergency services by the area municipality, agency, board, commission, corporation or organization as set out opposite their respective names in column 2 of Table A, throughout the Metropolitan Area. | |||
| Table A | ||||
| Column 1 | Column 2 | |||
| The Metropolitan Commissioner of Works | Works Departments and all public utilities | |||
| The Metropolitan Toronto Fire Co-ordinator | Fire Departments | |||
| The Medical Officer of Health of the City of Toronto | Health Departments | |||
| The Metropolitan Commissioner of Community Services | All welfare and social services agencies, including the Red Cross and Salvation Army | |||
| The Metropolitan Commissioner of Ambulance Services. | All ambulance and other emergency transportation agencies, including St. John Ambulance. | |||
| The Metropolitan Commissioner of Transportation | Roads and Traffic Departments | |||
| DECLARATION OF AN EMERGENCY | ||||
| 7. | The role of the Chair | |||
| (1) | The Metropolitan Chair may, in accordance with the provisions of the Act, declare that an emergency exists in the Metropolitan Area or in any part thereof, and may take such action and make such orders as he or she considers reasonable and necessary and not contrary to law to declare in effect and implement a plan formulated pursuant to this by-law and to protect property and the health, safety and welfare of the inhabitants of the emergency area. | |||
| (2) | Prior to declaring the existence of an emergency under subsection (1), the Metropolitan Chair shall endeavour to consult with the heads of the councils of the area municipalities and determine whether an emergency has or will be declared in those municipalities. | |||
| (3) | The Metropolitan Chair shall ensure that the Solicitor General of the Province of Ontario is notified forthwith of a declaration made pursuant to subsection (1). | |||
| 8. | Contents of Declaration
A declaration made under subsection 7(1) shall contain, | |||
| (a) | a statement of the circumstances which caused it to be made, and | |||
| (b) | a designation of the part or parts of the Metropolitan Area to which the declaration applies. | |||
| 9. | The Role of Council | |||
| (1) | The Metropolitan Chair shall, forthwith after making a declaration under subsection 7(1), give notice of such declaration to all members of Council, to the members of the Committee and to the Metropolitan Clerk, and shall summon a special meeting of Council in accordance with By-law No. 129-94, as amended. | |||
| (2) | The Metropolitan Chair may declare the termination of an emergency at any time prior to the convening of the meeting of Council referred to in subsection (1). | |||
| (3) | In the event the Metropolitan Chair has not yet declared the termination of an emergency, Council, at a meeting convened pursuant to subsection (1), shall consider and decide whether or not to declare the termination of an emergency declared by the Metropolitan Chair or whether the Chair's declaration should be allowed to continue for a period of up to fifteen days. | |||
| (4) | Where Council decides to declare the termination of an emergency, the Metropolitan Chair will notify the Solicitor General, the heads of the councils of area municipalities and the public, as required. | |||
| (5) | Where Council decides not to declare the termination of an emergency, it shall, within every subsequent fifteen-day period during which such declaration continues, or at a special meeting convened by the Chair in accordance with By-law No. 129-94, as amended, decide whether or not to declare the termination of the emergency or allow the Metropolitan Chair's declaration to continue for a further period of up to fifteen days. | |||
| (6) | In the event the Metropolitan Chair has declared the termination of an emergency prior to the convening of a meeting pursuant to subsection (1), Council, at such meeting, shall consider a report of the Municipal Control Group made pursuant to section 13 of this by-law. | |||
| MUNICIPAL CONTROL AND SUPPORT GROUPS | ||||
| 10. | Municipal Control Group
The Municipal Control Group shall be composed of the following members of the Committee: | |||
| (a) | the Metropolitan Chair, | |||
| (b) | the Metropolitan Chief Administrative Officer, | |||
| (c) | the Metropolitan Commissioner of Ambulance Services, | |||
| (d) | the Metropolitan Commissioner of Works, | |||
| (e) | the Metropolitan Commissioner of Community Services, | |||
| (f) | the Metropolitan Commissioner of Transportation, | |||
| (g) | the Metropolitan Toronto Fire Co-ordinator, | |||
| (h) | the Medical Officer of Health of the City of Toronto, | |||
| (i) | the Chief of Police, and | |||
| (j) | the Coordinator, Emergency Measures Planning, Metropolitan Toronto Police Service. | |||
| 11. | Municipal Support Group
The Municipal Support Group is composed of those members of the Committee who are not members of the Municipal Control Group. | |||
| 12. | Designation
Any member of the Municipal Control Group or the Municipal Support Group may designate another individual to act in his or her stead as a member of the Municipal Control Group or the Municipal Support Group, as the case may be. | |||
| 13. | Authority of Municipal Control Group
In the event of an emergency declared under this by-law or under the Act, the Municipal Control Group is authorized to: | |||
| (a) | initiate, co-ordinate, direct and otherwise bring about the implementation of a plan formulated pursuant to this by- law, | |||
| (b) | expend funds required to obtain and distribute emergency materials, equipment and supplies, not withstanding the requirements of Metropolitan Toronto By-law No. 149-90, as amended or any other Metropolitan Toronto by-law governing the commitment of funds and the payment of accounts; and | |||
| (c) | obtain volunteer support from public agencies and other persons as considered necessary and to indemnify such agencies, their personnel, and other persons engaged in work that has been authorized pursuant to this by-law or any other law, from liability for any acts or omissions resulting from any actions taken pursuant to this by-law or any other law. | |||
| 14. | Report by Municipal Control Group
The Chair shall report to Council on behalf of the Municipal Control Group for its meetings held pursuant to section 9 of this by-law on the action taken by the Municipal Control Group pursuant to a declaration of emergency up to the time of such report. | |||
| 15. | Chief Operations Officers
The Metropolitan Chief Administrative Officer and the Chief of Police shall be the Chief Operations Officers of the Municipal Control and Support Groups, with the responsibility and authority to direct their operations, co-ordinate their activities and convene their meetings. | |||
| ACTIONS OF EMPLOYEES | ||||
| 16. | Authorization to Act | |||
| (1) | Notwithstanding any other provision of this by-law, employees of the Corporation are authorized to take such action under the plan as is reasonable and necessary where an emergency exists but has not yet been declared to exist. | |||
| (2) | Employees of the Corporation may operate under the direction of an area municipality during an emergency declared by the head of the council of that area municipality. | |||
| 17. | Deemed Employees
Employees of area municipalities, local boards, agencies, public utilities and all other persons participating in the implementation of a plan under the direction of the Municipal Control Group or of municipal employees acting thereunder, shall for the purposes of the Act be deemed to be employees of the Corporation to the extent to which Council is authorized to do so. | |||
| ADMINISTRATION | ||||
| 18. | Public Inspection of Plan | |||
| (1) | Every plan adopted pursuant to this by-law shall be made available to the public for inspection and copying at the office of the Metropolitan Clerk during ordinary business hours. | |||
| (2) | Any plan formulated pursuant to this by-law, or any amendments to such plan, shall be filed forthwith with the Metropolitan Clerk. | |||
| (3) | In the event of any dispute with respect to the contents of the plan, the information contained in the plan held by the Metropolitan Clerk shall be deemed to be correct. | |||
| 19. | The Role of the Metropolitan Corporate Administration Committee
The Metropolitan Corporate Administration Committee shall be responsible for reporting to Council on all matters relating to the planning and co-ordination of responses to emergencies affecting the Metropolitan Area or any part or parts thereof. | |||
| 20. | Repeal
By-law No. 52-84, and all amendments thereto, are hereby repealed. | |||
| 21. | Effective Date
This by-law shall come into force on the date of its enactment. | |||
| ENACTED AND PASSED this 28th day of February, A.D. 1996. | ||||
|
ALAN TONKS, Chair | NOVINA WONG, Metropolitan Clerk | |||