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The Council of The Municipality of Metropolitan Toronto HEREBY
ENACTS as follows:
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1. |
(1) | In this By-law
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(a) | "Advisory Committee" means The Metropolitan Toronto
Emergency Planning Advisory Committee continued by this By-law;
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(b) | "area municipalities" means the municipalities or
corporations defined as such in the Municipality of Metropolitan
Toronto Act;
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(c) | "Chief of Police" means the Chief of Police of the
Metropolitan Police Force, or, in his absence, the acting Chief of
that Force;
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(d) | "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;
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(e) | "Metropolitan Area" means the area defined as such in
the Municipality of Metropolitan Toronto Act;
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(f) | "Metropolitan Chairman" means the Chairman of the
Metropolitan Council or, in his absence, the Acting Chairman of the
Council; and
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(g) | "plan" means a plan formulated pursuant to this
By-law governing the provision of necessary services during an
emergency and the procedures under and manner in which employees of
the Metropolitan Corporation, employees of the area municipalities,
and other persons will respond to the emergency.
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(2) |
(a) |
(i) | The Metropolitan Council or its Executive
Committee may, upon recognizing an emergency affecting the
Metropolitan Area or any part or parts thereof, declare a plan to
be in effect, and upon the making of such declaration, the plan is
in effect.
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(ii) | The Metropolitan Chairman may, in accordance
with the provisions of the Emergency Plans Act, 1983, 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
considers necessary and are 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.
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(b) | A declaration made under paragraph (a) shall contain:
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(i) | a statement of the circumstances which caused it
to be made;
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(ii) | a designation of the part or parts of the
Metropolitan Area to which the declaration applies; and
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(iii) | the designation of a date and time at which it
is anticipated the declaration will no longer be required, which in
any event shall be no later than 15 days from the date of
declaration.
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(c) | The Metropolitan Chairman shall ensure that the
Solicitor General of the Province of Ontario is notified forthwith
of a declaration pursuant to this section.
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(d) | A declaration under paragraph (a), unless continued
by the Metropolitan Council, shall terminate:
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(i) | at the date and time designated under
sub-paragraph (iii) or paragraph (b), if it occurs before the next
meeting of the Council, or at such earlier time as may be decided
by the person or authority making the declaration; or
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(ii) | at such time and under such conditions as may
be determined by the Metropolitan Executive Committee of the
Metropolitan Council.
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(e) | The Executive Committee or the Metropolitan Chairman
shall, forthwith after making a declaration under paragraph (a),
give notice of such declaration to all members of the Metropolitan
Council, to the Advisory Committee and to the Metropolitan Clerk,
and shall summon a special meeting of the Metropolitan Council to
be held within twenty-four hours of the giving of such notice.
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(f) | At a special meeting convened pursuant to paragraph
(e) the Metropolitan Council shall consider and decide whether or
not the declaration made by the Executive Committee or Metropolitan
Chairman should be continued for an additional period of up to 15
days or should be terminated.
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(g) | Where the Metropolitan Council has decided pursuant
to this section to continue a declaration for a period of 15 days,
it shall, at a meeting held within that period, and thereafter
within every subsequent 15-day period during which such declaration
continues, consider and decide whether or not to continue the
declaration for a further period of up to 15 days or to terminate
it.
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2. |
(1) | It shall be the duty of the Metropolitan Executive
Committee to consider and report to the Metropolitan Council on all
matters relating to the planning and co-ordination of response to
emergencies affecting the Metropolitan Area or any part or parts
thereof.
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(2) |
(a) | The Advisory Committee shall report to the
Metropolitan Council:
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(i) | at its special meeting held pursuant to
paragraph (e) of subsection (2) of section (1); and
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(ii) | during the continuation of a plan pursuant to
paragraphs (f) and (g) or subsection (2) of section (1), at each
meeting referred to in the said paragraph (g);
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on the steps taken by the Advisory Committee pursuant to
such declaration up to the time of such report.
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(b) | The Advisory Committee shall report to the
Metropolitan Executive Committee:
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(i) | on all plans formulated pursuant to this By-law;
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(ii) | on all steps taken by the Advisory Committee
pursuant to a declaration under section 1.
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(c) | A report pursuant to sub-paragraph (ii) of paragraph
(b) shall be made as soon as reasonably possible after the
termination of the declaration and, in all cases, no later than 90
days therefrom;
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3. | The Advisory Committee is hereby continued as the emergency
measures civil defence organization of Metropolitan Toronto.
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4. | The Advisory Committee shall consist of the persons holding from
time to time the following positions in the Metropolitan
Corporation, its local boards, the Metropolitan Police Force and
other agencies and organizations as the case may be:
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(1) | the Metropolitan Chairman or a member of the Metropolitan
Council designated by him as his delegate for any or all of the
meetings of the Advisory Committee;
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(2) | one member of the Metropolitan Council appointed by the
Metropolitan Council;
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(3) | with the consent of the Metropolitan Board of
Commissioners of Police, the Chief of Police and the Co-ordinator,
Emergency Measures Planning, Metropolitan Police Force;
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(4) | the Metropolitan Works Commissioner;
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(5) | the Metropolitan Commissioner of Community Services;
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(6) | the Metropolitan Commissioner of Ambulance Services;
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(7) | the Metropolitan Commissioner of Roads and Traffic;
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(8) | with the consent of the Council of the City of Toronto,
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(i) | the Chief of the Fire Department of the City of
Toronto;
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(ii) | the Medical Officer of Health of the City of
Toronto; and
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(iii) | the Commissioner of Purchasing and Supply for
the City of Toronto and for The Municipality of Metropolitan
Toronto.
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(9) | a representative of The Metropolitan Toronto and Region
Conservation Authority appointed by that Authority to serve on the
Advisory Committee;
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(10) | with the consent of the Toronto Transit Commission, the
General Manager - Operations of that Commission; and
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(11) | such other member or members of the Advisory Committee as
may be appointed from time to time by that Committee or who may
become members of the Advisory Committee ex-officio by reason of
their holding an office approved by the Advisory Committee as
entitling them to membership thereon.
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5. |
(1) | The Metropolitan Chairman shall be the Chief Operational
Officer of the Advisory Committee, and shall have the
responsibility and authority to direct the operations of the
Advisory Committee, to co-ordinate the activities of the Advisory
Committee, and shall report on its behalf to the Metropolitan
Council and to the Executive Committee pursuant to the requirements
of section 2 of this By-law.
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(2) |
(a) | Subject to paragraph (b), the Metropolitan Chairman
may delegate to one or more members of the Advisory Committee all
or part of the authority conferred upon him by subsection (1).
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(b) | Paragraph (a) shall not be construed to limit the
responsibility of the Metropolitan Chairman for the actions of the
Advisory Committee taken pursuant to a delegation under that
clause.
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(3) | The Executive Committee may at any time remove from the
Advisory Committee any of its members appointed pursuant to clause
(11) of section 4, either specifically or by deciding to eliminate
entitlement for the holder of any office granted entitlement
pursuant to such clause.
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(4) | A majority of the members of the Advisory Committee
constitutes a quorum.
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(5) | Subject to the direction of the Executive Committee, the
Advisory Committee shall, during an emergency, have the authority
and responsibility to initiate, co-ordinate, direct and otherwise
bring about the implementation of a plan formulated pursuant to
this By-law to the extent of the duties and powers conferred upon
it by law.
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6. |
(1) | The Advisory Committee is responsible for the formulation,
development, implementation and co-ordination of plans for all
departments, agencies and local boards under the jurisdiction of
the Metropolitan Council or constituted or given powers by The
Municipality of Metropolitan Toronto Act.
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(2) | The agencies referred to in subsection (1) shall ensure
that adequate plans as referred to therein and agreed lines of
procedure for the implementation thereof shall be provided to the
Advisory Committee on a regular basis and amended from time to time
as appropriate.
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(3) | The agencies referred to in subsection (1) shall be
responsible to the Advisory Committee for ensuring that their
planning and training programs are continued in a co-ordinated and
sustained way for the purpose of maintaining up-dated plans.
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7. | Every plan formulated pursuant to this By-law shall be deemed to
include a provision that the Advisory Committee, and the persons
set out in the first column of the schedule at the end of this
section shall, with the permission of the respective area
municipalities and other agencies involved, and subject to the
overall direction of the Chief Operational Officer of the Advisory
Committee or his delegate, as the case may be, be responsible for
and are authorized in the event of an emergency to take charge of
the departments, agencies and utilities throughout the Metropolitan
Area as are set out opposite their respective names in the second
column of the said schedule. The following is the schedule referred
to:
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Column 1 |
Column 2 |
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The Metropolitan Toronto Commissioner of Works |
Works Departments and all public utilities |
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The Chief of the Fire Department of the City of Toronto |
Fire Departments |
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The Medical Officer of Health of the City of Toronto |
Health Departments |
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The Metropolitan Toronto Commissioner of Community Services |
All welfare and social services agencies, including the Red Cross
and Salvation Army, for registration and inquiry purposes, and for
the provision of services to deal with the effects of emergencies. |
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The Metropolitan Toronto Commissioner of Ambulance Services. |
All ambulance and other emergency transportation agencies,
including the St. John Ambulance. |
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The Metropolitan Toronto Commissioner of Roads and Traffic |
Roads and Traffic Departments
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8. | The Advisory Committee is authorized, with the consent of area
municipalities and local boards and agencies concerned, to train or
to provide for the training of, employees of area municipalities
and local boards and agencies in their functions under co-ordinated
plans as outlined above.
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9. | In the event of an emergency declared under this By-law or under
the Emergency Plans Act, 1983, the Advisory Committee is
authorized:
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(a) | to expend necessary funds to obtain and distribute
emergency materials, equipment and supplies;
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(b) | to obtain volunteer support from public agencies and
individuals where it is required and to protect such private
agencies, their personnel, and other persons directly engaged in
work that has been authorized pursuant to this By-law or any other
law.
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10. | Notwithstanding any other provision of this By-law, employees
of the Metropolitan Corporation are authorized to take necessary
action under a plan where an emergency exists but has not yet been
declared to exist.
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11. | Every plan adopted pursuant to this By-law shall be made
available to the public at the office of the Metropolitan Clerk,
for inspection and copying during ordinary business hours.
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12. |
(1) | A by-law lawfully enacted by an area municipality
authorizing its employees or agencies to participate in any way in
the implementation of a plan formulated pursuant to this by-law, to
train or be trained for the taking of such action, and to take
necessary action under a plan where an emergency exists but has not
yet been declared to exist, shall be deemed to be a plan which
conforms to any plan formulated pursuant to this By-law.
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(2) | Employees of the area municipalities and their local
boards and of public utilities, and other persons participating in
the implementation of a plan under the direction of the Advisory
Committee or of municipal employees acting thereunder, shall for
the purposes of subsection (11)(1) of the Emergency Plans Act,
1983, be deemed to be employees of the Municipality of Metropolitan
Toronto, to the extent to which such is within the power of the
Metropolitan Council to so declare.
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13. |
(1) | By-law No. 154-80, being a by-law "to provide for the co-
ordination of response in the event of a disaster affecting the
Metropolitan Area", as amended, is repealed.
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(2) | A plan formulated or adopted pursuant to the said By-law
No. 154-80 shall be deemed to be a plan formulated pursuant to this
By-law.
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(3) | References in this By-law to the "Advisory Committee"
shall be deemed to include that term as defined in the said By-law
No. 154-80.
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ENACTED AND PASSED this 8th day of May, A.D. 1984.