Emergency Management Act

An Act to provide for emergency management and to amend and repeal certain Acts

This bill was last introduced in the 39th Parliament, 1st Session, which ended in October 2007.

Sponsor

Stockwell Day  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment provides for a national emergency management system that strengthens Canada’s capacity to protect Canadians.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

November 9th, 2006 / 9:20 a.m.
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Executive Vice-President, Operations Branch, Canadian Nuclear Safety Commission

Ken Pereira

Thank you for the question.

The challenge we see always in emergency management is to coordinate the roles of the different players. When we look at the mandates and the plans in place of each of the responding organizations, we find that they have sound programs and procedures in place, but the challenge we always face is to bring the different response arrangements into synergy with each other. How we can better integrate those is something that we, in working with Health Canada on the federal nuclear emergency program, have looked at.

I've been in a number of meetings with our partners on the nuclear side to look at how we could streamline the programs if we were challenged in a real emergency. Our hope is that Bill C-12 will address the issue of integration by looking for programs that are designed to promote synergy.

November 9th, 2006 / 9:15 a.m.
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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Thank you, Mr. Chair.

Thank you to the witnesses. I appreciate your coming before the committee today.

I'm wondering if we could just start with specific thoughts on Bill C-12 from each of the witnesses and on any areas of concern you may have, or areas where you feel the bill should be improved. I know that we've gone through a couple of different versions of this bill to arrive at where we are now today, so there has been a lot of opportunity for input.

For example, when you spoke, Mr. Pereira, you said that the bill wouldn't have any negative impact on what you were trying to achieve, but obviously we want to go beyond that. I'm wondering if you could give your thoughts on what specifically you would like to see changed or amended in Bill C-12.

Further to that, Mr. Pereira, you talked about needing to update the federal emergency plans generally as a consequence of Bill C-12 being enacted. What are some of the first steps you see after Bill C-12 is enacted?

November 9th, 2006 / 9:15 a.m.
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Executive Director, Emergency Measures Organization of Manitoba

Chuck Sanderson

Thank you very much. It's a pleasure to be here.

Good morning, everyone--and hi, Jim.

Jim Young and I have met each other on many occasions.

Just to give you a little background, each province and territory has an emergency measures organization. That organization has the mandate to coordinate, or command and control, if you will, emergency events within the province. I'm speaking today from Manitoba's perspective only, but there is an entity out there, called the Canadian Council of Emergency Measures Organizations, that could assist this standing committee on getting consensus opinion from provinces and territories on emergency management issues as they relate to Bill C-12. I encourage the committee to do that through the chair of CCEMO, which is Michel Doré, the director of EMO in Quebec.

Again, talking from a Manitoba perspective, there is an entity in each province that coordinates emergencies within the province. In a national event, provinces and territories are looking to, and expecting, the Canadian government to have an equivalent entity at the national level that will coordinate, or command and control, all federal resources to assist the provinces. At this time, Public Safety and Emergency Preparedness Canada is the logical entity to do that. We're looking at Bill C-12 to give some clarity and some mandate to PSEPC to in fact do that. The one-window concept of the federal government is what I believe provinces and territories are looking for. I certainly know that Manitoba is looking for that.

If there is a lack of clarity on the role of PSEPC as the coordinating entity for emergencies at the federal level, then I believe we run the risk that the important work that is trying to be done now, at the collaborative federal-provincial-territorial level, will continue to flounder because of that lack of clarity. So all provinces and territories are looking quite eagerly to Bill C-12 to provide clarity on the mandate of PSEPC.

I would be more than happy to answer questions on what the consequences might be if there is a lack of clarity at the end of Bill C-12.

Those are my opening remarks.

November 9th, 2006 / 9:05 a.m.
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Ken Pereira Executive Vice-President, Operations Branch, Canadian Nuclear Safety Commission

Thank you. Good morning, Mr. Chairman, and members of the committee.

For the record, my name is Ken Pereira. I am the executive vice-president of operations at the Canadian Nuclear Safety Commission. I am joined here today by Mr. Gerry Frappier, director general of our directorate of security and safeguards. Mr. Frappier is responsible for the direction of the CNSC's emergency preparedness and response functions.

My comments today will be in English but we will be pleased to answer questions from members of the Committee in the official language of their choice.

Ms. Keen, our president, would have been here today to address you, but she is away presiding over hearings on the renewal of the operating licence for the Gentilly-2 nuclear generating station in Bécancour, Quebec. On behalf of the Canadian Nuclear Safety Commission, I would like to thank you for inviting us to appear before your committee.

Let me begin by telling you a little about the mandate of the Canadian Nuclear Safety Commission and our approach to emergency management. The mission of the Canadian Nuclear Safety Commission is to regulate the use of nuclear energy and materials to protect health, safety, security, and the environment in Canada, and to address Canada's international commitments on the peaceful use of nuclear energy.

The CNSC has over 600 staff. While primarily based in Ottawa, we also have inspectors stationed at regional and site offices. We accomplish our mission through a licensing process that requires licensees to demonstrate that their operations are safe. At the basis of the regulatory system is the requirement for licensees to incorporate multiple layers of protection whenever nuclear energy or materials are used. Thus, CNSC also licenses the import, export, and transportation of nuclear materials and other prescribed substances, equipment, technology, and dual-use items.

The issue of emergency management is viewed by the commission and its members to be of critical importance. The capacity of licensees to respond effectively to nuclear or radiological emergencies receives significant attention during the consideration of licence applications and renewals. Effective linkages between the licensee and local first responders are also of key importance.

The CNSC has a dual role in nuclear emergency management: first, in terms of oversight of our licensees, ensuring that their emergency capabilities are as robust as possible; and secondly, in terms of our own involvement in the case of an emergency. I will briefly outline both areas and the high degree of coordination with other government agencies that this entails.

We derive our regulatory authority from the Nuclear Safety and Control Act, which came into force in May 2000. The act provides CNSC staff with significant powers, including the right to order specific actions by licensees, responders, and government agencies at all levels, to address nuclear or radiological emergencies.

Fortunately, there has never been a serious nuclear or radiological emergency in Canada. The significance of nuclear and radiological incidents is rated according to the international nuclear event scale published by the International Atomic Energy Agency. This scale runs from one to seven in increasing order of significance.

Since the mid-1950s, no event in Canada has ever been rated higher than level 2 on this scale. Nonetheless, the Canadian Nuclear Safety Commission, or CNSC for short, maintains a comprehensive nuclear emergency management program.

During a nuclear emergency, we monitor the response of the licensee, evaluate their response actions and the response of any other organization involved, provide technical advice and direction in line with our mandate, provide field response personnel to assist local authorities, as needed, and inform the government and the public on our assessment of the situation.

To continually evaluate and improve our emergency response capabilities, the CNSC regularly participates in simulated incidents in collaboration with its licensees, provincial emergency management organizations, and other federal government departments and agencies.

In fact, in October of this year we participated in two emergency response exercises involving Canadian nuclear generating stations at Point Lepreau in New Brunswick and in Bruce County, Ontario. These simulated emergencies were part of an annual schedule of training, station drills, and exercises designed to improve and practise the emergency response capabilities of the CNSC, the licensees, and other stakeholders. Our emergency response plan is updated regularly based on the lessons learned through these exercises.

As indicated, we require licensees to have robust emergency response capabilities in place to address identified risks and to ensure that their personnel are trained and are regularly exercised in their emergency response procedures.

Licensee emergency plans must be approved by the CNSC. Inspectors from our security and safeguards directorate routinely observe these exercises to evaluate the performance of the licensee personnel and identify weaknesses and make recommendations for improvement. In the most severe situations, they may order changes to procedures and practices. This reflects our belief that emergency preparedness or readiness is a continuum of improvement.

The need for coordination across jurisdictions is one of the most challenging areas of emergency management. We work in close collaboration with the provincial emergency management organizations on emergency response issues, particularly in Ontario, Quebec, and New Brunswick, where the nuclear generating stations are located. To the highest degree possible, we endeavour to ensure that our response plans and procedures are linked to those at other levels of response. In Ontario, for example, the CNSC has a defined role in the provincial nuclear emergency response plan, and our staff sit in the provincial operations centre during operations involving nuclear or radiological incidents. We also work closely with emergency measures organizations in other provinces and territories to support their ability to respond to radiological incidents.

Staff from the CNSC regional offices across the country and from our Ottawa headquarters often visit licensee facilities to ensure operations are being conducted safely and in accordance with licence criteria. These oversight activities go a long way toward reducing the risk of accidents that could result in an emergency. Along with other departments and agencies, we are dedicated to maintaining overall federal readiness to respond. The federal nuclear emergency plan, FNEP, describes how federal government organizations collaborate to respond to nuclear radiological emergencies in Canada. The CNSC has a significant and clearly defined role in that response is given over our legal authority over the use of nuclear energy and substances. Responsibility for the FNEP is currently vested in our Minister of Health, and Health Canada is designated to lead the response on that front.

The Canadian Nuclear Safety Commission supports initiatives to improve and strengthen leadership and coordination in the area of emergency management in Canada. Along with other federal departments and agencies, CNSC staff provided input to Public Safety and Emergency Preparedness Canada in the development of Bill C-12. We know that Bill C-12 proposes significant changes to the responsibilities of the Minister of Public Safety, essentially designating him or her as the default lead federal minister during times of emergency. These changes to ministerial responsibilities suggest a need to revisit and update current federal emergency management plans, such as FNEP, to ensure they remain current and effective.

There is also a need to maintain and maximize the synergy among federal, provincial, and territorial plans and procedures. As I've said, the need for coordination across jurisdictions is one of the most challenging areas of emergency management. This initiative underscores the government's engagement in emergency management at all levels and the need for collaboration with the provinces and local authorities in responding to emergencies.

In closing, I would like to say that in our view there is nothing in the proposed legislation that will negatively affect our ability to maintain safety oversight over the nuclear industry in Canada. We believe Bill C-12 fits well with our current nuclear emergency management program and response plan, and that its enactment will not necessitate a major shift in our approach. The CNSC looks forward to working with Public Safety and Emergency Preparedness Canada and other federal stakeholders in updating current plans and procedures.

Mr. Chairman and members of the committee, I thank you again for inviting us here today. We would be pleased to respond to any questions you may have.

Thank you.

November 9th, 2006 / 9:05 a.m.
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Conservative

The Chair Conservative Garry Breitkreuz

I'd like to call this meeting to order. This is the Standing Committee on Public Safety and National Security. This is meeting number 20, and we are here today on an order of reference from September 22, 2006, in regards to Bill C-12, An Act to provide for emergency management and to amend and repeal certain Acts

I'd like to welcome our witnesses this morning.

We have, from the Canadian Nuclear Safety Commission, Mr. Ken Pereira, the executive vice-president. I'll let him introduce his colleagues there. We also have, from Public Safety and Emergency Preparedness, Mr. Jim Young, the special adviser to the deputy minister. Video conferencing from Manitoba, from the Emergency Measures Organization of Manitoba, we have Mr. Chuck Sanderson.

Welcome, sir. I hope you can hear us.

October 26th, 2006 / 10:15 a.m.
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Vice-President, Corporate Resources, Canadian Electricity Association

Francis Bradley

If I may, at the beginning of your comments you asked us to make sure, if we have any changes to Bill C-12, that we propose them.

Things can always be improved, but specifically Bill C-12 has the one piece that we want. Perhaps members of this committee and other committees are not used to people coming and saying, “We're happy with what you put forward. Please pass it.” This is the second time this legislation has come forward. It has not yet passed. I hope it passes this time. That's my primary concern at this stage. We have a piece of legislation that I think is a good piece of legislation. I'm sorry if you were expecting us to come and complain to you. We didn't come to complain today; we came to thank you for moving it forward. It's been introduced now by two different governments, so I hope it has bipartisan support and it'll get through this time.

But as to specific issues on exchange of information and frequency....

October 26th, 2006 / 10:10 a.m.
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Conservative

The Chair Conservative Garry Breitkreuz

What Mr. Carrier is asking is, do you have any thoughts about Bill C-12, any suggestions, any amendments? If you're not prepared at this point to answer that, we can always make a written submission. You can think about this for a few days, and we would welcome any further input you would have. Would that be fair to say, Monsieur Carrier?

Okay, is there anything else? I've had an indication of another question by Mr. Norlock.

October 26th, 2006 / 10:10 a.m.
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Vice-President, Corporate Resources, Canadian Electricity Association

Francis Bradley

It's not something we've looked at and have specifically identified. Mind you, it's not our responsibility to assess how effectively the federal government protects its own assets. Our specific concern on this piece of legislation, Bill C-12, is on the protection of the information.

October 26th, 2006 / 10:05 a.m.
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Director, Corporate Security, Hydro One Networks, Canadian Electricity Association

Chris Price

Yes, that's pretty much how it works.

I can speak only for Ontario, but if you take a look at the responsibility that Emergency Management Ontario has, and the requirement for municipalities to put their emergency plans in, as the transmitter and being that link between municipalities, we work very closely with municipalities. I don't see that at this point there's a problem with that, so I don't see Bill C-12 as hindering this at all.

October 26th, 2006 / 10:05 a.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

My friend talks frequently—and I understand from his perspective—about municipalities not being named in Bill C-12. First, I suspect your relationship with utilities, because you're both somewhat provincial, is at the provincial government level, which deals with municipalities; they're at the table with the provinces. You've read Bill C-12, and would you agree that the federal government is trying to pull together the provinces, as opposed to taking on an additional role of pulling together the municipalities into the same bill?

Maybe it's a confusing statement, but I guess what I'm saying is that Bill C-12's role is to work with the provinces. It's up to the provinces to work with the municipalities to bring them to the table, and then the table gets filled by all the partners.

October 26th, 2006 / 10 a.m.
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Conservative

Dave MacKenzie Conservative Oxford, ON

Thank you, Mr. Chair, and thank you to the witnesses for being here.

Here are a couple of things. First, we really are dealing with Bill C-12 and we've gone off into a variety of things.

Just as a little follow-up, we always seem to have not a problem but an issue in Canada worrying about what information Homeland Security wants from us, but is the reverse equally true? Do we get information from them, so that it's a two-way street—we pass them information or they request information, but we also want information here? And do we get it from them?

October 26th, 2006 / 10 a.m.
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Conservative

The Chair Conservative Garry Breitkreuz

Thank you. I'm not sure that directly pertained to Bill C-12, but it's an interesting side event.

I would like to follow up a little, because there's a little time.

You made a comment earlier, and it ties in with what Mr. Hawn was asking you. Your concern isn't so much about information sharing as that not enough information may be shared between countries. Would you mind elaborating on what you mean by your concern about maybe “not enough” information being shared, rather than its being shared inappropriately?

October 26th, 2006 / 9:50 a.m.
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Vice-President, Corporate Resources, Canadian Electricity Association

Francis Bradley

Probably the companies here can respond to their specific circumstances.

I don't want to make it sound as though we think everything is going to be solved by Bill C-12. There are some very significant issues and there will continue to be significant issues in terms of improved coordination, improved communication, and we can always do better. I don't think any of us would ever get to the point of saying the relationship among the different players in the planning and execution of protection is perfect, and it never will be perfect, but as I said earlier, this is a first step.

In terms of the specifics on this, I don't know if Mr. Price or Mr. Davis or Mr. Ouimet want to talk about coordination.

October 26th, 2006 / 9:15 a.m.
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Vice-President, Corporate Resources, Canadian Electricity Association

Francis Bradley

Certainly. We have actually been consulted fairly extensively in the development of this. As I mentioned, it's an issue generally that we raised, likely first in the first meeting we had with the CIP task force all the way back in March 2000. It's an issue we raised subsequently in 2001 and 2002, both in face-to-face meetings and in correspondence we had with the head of the CIP task force and then subsequently the deputy minister.

We have participated, as I've said, in a number of meetings, and prior to this current incarnation of the bill—I believe it was first introduced as Bill C-78, if my memory serves me correctly—we were consulted in the months leading up to the introduction of Bill C-78. In fact, we were also briefed on the afternoon Bill C-78 was tabled in the House.

So we had pretty solid engagement for a number of years on the issue, and specifically on the legislation, we had been engaged in the months leading up to, first, the introduction of Bill C-78 and then of Bill C-12. So we were happy with the level of engagement we had.

October 26th, 2006 / 9:15 a.m.
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Liberal

Mark Holland Liberal Ajax—Pickering, ON

That's fair.

On the consultation leading up to the development of this bill, Bill C-12, can you just describe to me how the government engaged you on the bill and what consultation you participated in?