A couple of days ago I blogged about the federal government’s abilty to declare a Public Welfare Emergency. At that time federal government ministers were hinting at some of the broad powers available under that legislation. So far there has not been a federal declaration of emergency.
A number of provinces, however, have gone ahead and declared a state of emergency within their own borders.
On Tuesday March 17 2020 British Colombia’s provincial health officer Dr. Bonnie Henry declared a public health emergency. This authority under the Public Health Act has been invoked only once before, to declare a public health emergency in response to the opioid overdose crisis in April 2016. Through the declaration of emergency in 2016 the province dramatically expanded its ability to collect and share health data related to overdoses.
On March 18 2020, our provincial government declared a provincial state of emergency. The last time the province declared a state of emergency was in 2018 during the wildfire season.
Under the Emergency Program Act the provincial government can declare a state of emergency that allows the Minister of Public Safety and Solicitor General (MLA Mike Farnworth) to “do all acts and implement the procedures that the minister considers necessary to prevent, respond to or alleviate the effects of an emergency or a disaster”.
The Minister has the power to require any person to render assistance to respond to the emergency, to control or prohibit travel to or from any area of British Columbia, provide for the distribution of essential supplies, control prices and ration food or medical supplies. Section 10 of the Act sets out the powers and I’ve reproduced at the bottom of this post.
The declaration is valid for 14 days and can be extended for further 14-day periods.
It is clear that the province has authority to respond as vigorously as is required to keep British Columbians safe. For example, during wildfires in 2018 the Province used this power to control and prohibit travel to or from certain areas of British Columbia to prevent return to areas under mandatory evacuation order.
On the same day as the province’s declaration, Vancouver City Council voted unanimously enact a by-law to declare a state of emergency in Vancouver. The By-law became effectively immediately and empowers the City Manager, Deputy City Manager and Fire Chief to:
a. acquire or use any land or personal property considered necessary to prevent, respond to or alleviate the effects of the emergency, including the use of buildings to assist with the increased demands for healthcare, shelter and childcare;
b. procure on a first priority basis any clothing, equipment, medical supplies or other essential supplies required to cope with the emergency, for the duration of the emergency; and
c. restrict, limit or prohibit through the issuance of written orders, the use or occupancy of any premises within the City of Vancouver.
Details of how these powers will be used and coordinated between each entity are still developing. There may be clarification following the return of the B.C. Legislature on Monday March 23 2020. Further, we anticipate MLAs will debate and pass changes to employment-standards legislation on Monday. We will continue to post updates as changes to the legal landscape emerge.
The list of powers from section 10 of the Emergency Program Act is reproduced below:
(a)implement a Provincial emergency plan or any Provincial emergency measures;
(b)authorize a local authority to implement a local emergency plan or emergency measures for all or any part of the jurisdictional area for which the local authority has responsibility;
(c)require a local authority for a municipality or an electoral area to implement a local emergency plan or emergency measures for all or any part of the municipality or electoral area for which the local authority has responsibility;
(d)acquire or use any land or personal property considered necessary to prevent, respond to or alleviate the effects of an emergency or disaster;
(e)authorize or require any person to render assistance of a type that the person is qualified to provide or that otherwise is or may be required to prevent, respond to or alleviate the effects of an emergency or disaster;
(f)control or prohibit travel to or from any area of British Columbia;
(g)provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and coordinate emergency medical, welfare and other essential services in any part of British Columbia;
(h)cause the evacuation of persons and the removal of livestock, animals and personal property from any area of British Columbia that is or may be affected by an emergency or a disaster and make arrangements for the adequate care and protection of those persons, livestock, animals and personal property;
(i)authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program or if otherwise considered by the minister to be necessary to prevent, respond to or alleviate the effects of an emergency or disaster;
(j)cause the demolition or removal of any trees, structures or crops if the demolition or removal is considered by the minister to be necessary or appropriate in order to prevent, respond to or alleviate the effects of an emergency or disaster;
(k)construct works considered by the minister to be necessary or appropriate to prevent, respond to or alleviate the effects of an emergency or disaster;
(l)procure, fix prices for or ration food, clothing, fuel, equipment, medical supplies or other essential supplies and the use of any property, services, resources or equipment within any part of British Columbia for the duration of the state of emergency.
As usual, this post contains information of a general nature. It is not intended as legal advice. For more information and specific advice feel free to contact our office.