Page 1 of 2
Definition of Emergency
The definition of “emergency” is one of the most critical definitions in the Emergency and
Disaster Management Act as it establishes the foundation for when a state of emergency can
be declared. In turn, this determines when emergency powers can be used. Both of the
following two components of the definition must be met for an event to be an emergency
under the Emergency and Disaster Management Act:
1) Potential cause(s)
2) Threshold for action
New language not used in the previous Emergency Program Act definition of “emergency” is
indicated below.
Regulations can be made to prescribe incidents, events, or circumstances for the purposes of this definition; however, no regulations have been made for this purpose.
POTENTIAL CAUSES
An emergency means a state that is the result of
any of the following:
• an event that has occurred, is ongoing or
appears imminent that is caused by one of
more of the following:
o accident
o fire
o explosion
o technical failure
o force of nature
o rioting - NEW
o security threat
1
- NEW
o terrorist activity
2
- NEW
o
prescribed incident - NEW
THRESHOLD FOR ACTION
An emergency means a state that requires the
prompt coordination of action, or the special
regulation or persons or property, to protect:
• health, safety, or well-being of persons, or
• safety of property, or
• safety of objects or sites of heritage
value - NEW
1 Under the Emergency and Disaster Management Act, “security threats” mean actions that severely impair
the functioning of a government or society, including actions relating to overthrowing a government.
2 The meaning of “terrorist activity” is found in section 83.01 of the Criminal Code.
Factsheet: Definition of Emergency ManagementPage 2 of 2
• presence, suspected presence or
imminent spread of a transmissible
disease or environmental toxin - NEW
• prescribed type of event or presence or
suspected presence of prescribed
circumstances - NEW
Examples of emergencies under this two-part definition
1. Interface fire
• Meets the “potential causes” component of the definition because “fire” is included in the
list of potential causes.
• Can meet the “threshold for action” component of the definition because:
o the prompt coordination of action may be required to protect the safety of property
(e.g., by taking prompt firefighting actions to protect property, including land and
structures); and
o the special regulation of persons may be required to protect the health, safety, or well
being of persons (e.g., by evacuating them).
2. Flooding
• Meets the “potential causes” component of the definition because flooding is a “force of
nature.”
• Can meet the “threshold for action” component of the definition because:
o the prompt coordination of action may be required to protect the safety of property
(e.g., by sandbagging or establishing other temporary water barriers to protect
property, including land and structures);
o the special regulation of persons may be required to protect the health, safety, or well
being of persons (e.g., by evacuating them).
More information
Online: gov.bc.ca/emergencymanagementact
Email: modernizeEM@gov.bc.ca
The information in this document is for your convenience and guidance and is not
a replacement for the legislation.
Published: November 27, 2023
Subscribe to Constitutional Conventions on Rumble https://rumble.com/user/ConstitutionalConventions
Subscribe to get important Information
https://constitutionalconventions.ca/contact/ - ensure you get confirmation - check spam or junk mail.
Zoom 5-10 EST daily https://us02web.zoom.us/j/6945489985?pwd=UllwRmwzRUhWS2pXUWNQODNEbnhSZz09 SwT80SwT8
info@ConstitutionalConventions.ca
No comments:
Post a Comment