January 31, 2020 Submitted by email: [email protected] RE: Modernizing BC’s Emergency Management Legislation On behalf of the British Columbia Real Estate Association (BCREA), thank you for undertaking this initiative to modernize BC’s emergency management legislation. While we find the discussion paper to be somewhat general, and we look forward to engaging on some of the details that will follow in regulations, we are encouraged by the proposal to adopt the United Nations’ Sendai Framework for Disaster Risk Reduction. The Province’s acknowledgement that “investments in mitigation and preparedness can reduce risk and reduce or avoid expenditures associated with emergency events” is reassuring and aligns well our recommendations. To ensure adequate resources, coordination and attention, we welcome a robust, cross-ministry approach. Perhaps this will build on the Interim Disaster Recovery Framework described in the discussion paper, though a thorough evaluation needs to take place before determining an effective structure. With this letter, we offer feedback on feedback on specific proposals in the discussion paper, as well as some additional recommendations. Key definitions We agree that “emergency” is the key term for this legislation. To build on the proposals in the paper, we have three suggestions: • clarify that an “emergency” includes a “disaster” (as currently defined in the Emergency Program Act), • define the term “significant Indigenous cultural sites” and provide assistance with identifying them in a manner that respects each Nation’s rights to protect their heritage; a common understanding among all parties involved in emergency management will help avoid conflicts, and Modernizing BC’s Emergency Management Legislation Page 2 January 31, 2020 • place parameters on item “(c) Any other situation prescribed by the Lieutenant Governor in Council.” The statement as written is simply too broad to support. BCREA also urges that the term “catastrophic event” be defined. The phrase is used several times in the discussion paper, once in the context of additional powers being available to the Minister. We believe this authority should only be enacted under pre-defined conditions, rather than a subjective assessment during a crisis. The final definition we suggest is “transition period” between response and recovery. We can understand that a Local Authority may need to ask for and/or receive specific powers from the Minister, but they may find it difficult to define the stages and the transition objectively. Enhancing confidence in the emergency management system BCREA strongly supports a legislative requirement to centralize and make available data on hazard, risk and vulnerability assessments or mitigation planning documents conducted or prepared by provincial ministries, Crown corporations and agencies, Local Authorities and critical infrastructure operators. This is an area where more detail is required, including who will have access to the data and where will it be centralized. If the data is to be publicly available, then we urge the government to allocate resources for communicating its meaning, so local governments, First Nations and citizens can get the most value from it. We also support the registration of emergency management plans with Emergency Management BC (EMBC) by provincial ministries, Crown corporations and agencies, Local Authorities and critical infrastructure owners/operators. though at least some of the content of those plans should be prescribed and the plans should have to be reviewed by the creating organizations regularly. EMBC’s audit of those plans makes sense, as long as that function is intended to ensure coordination, avoid duplication and take action to ensure gaps are filled. Local authorities We believe Local Authorities should have to consider current and future risk for new development approvals in hazardous areas. We also know many Local Authorities need resources and expertise to assess those risks. A centralized, provincial repository of data could help, but what if data does not exist for a particular community or area? What does a requirement “to give greater consideration” look like? Who will determine what are “sustainable long-term mitigation measures”? Modernizing BC’s Emergency Management Legislation Page 3 January 31, 2020 BCREA believes Local Authorities should be required to identify, understand and assess hazards, risks and vulnerabilities. Again, many of them need resources to help them do so. For example, we recommend the Province provide local governments and First Nations with financial and technical assistance to strengthen the capacity of local governments to develop floodplain maps and implement flood management. Technical assistance should include checklists, templates and other resources that are updated as new information becomes available. In addition, we recommend the provincial government develop, and review every five years, floodplain mapping guidelines and specifications to reflect current technologies and realities, improve consistency, and build technical capacity to support the use of a broader suite of technical tools. Given the research we have conducted in this area, BCREA is interested in further consultation in this area. BCREA supports non-regulatory incentives to enhance regional collaboration and coordination for risk assessment, mitigation planning and mitigative works. We believe the Minister should only be able to direct Local Authorities to collaborate and coordinate if the Province sustains a consistent, overall coordination role. To fulfill that role, we welcome the Province’s enhanced understanding of local capacities and needs, but the discussion paper offers little insight into how that could be done. Advancing reconciliation with Indigenous Peoples We certainly see value in encouraging partnerships and collaborations between Local Authorities and First Nations. To assist, the Province should provide clear guidance on its expectations, as well as on what is meant by “cultural safety” and “inclusiveness.” Supporting and empowering citizens, visitors and businesses BCREA agrees with the conclusion that there should be no legislated mandate for citizen preparedness. To achieve an “all-of-society” approach, though, will require a sustained, well-funded effort to inform and empower citizens. People need to understand risk and also how to mitigate it. We are interested to learn more about the proposal to strengthen and expand the role of business partnerships, such as the real estate community. REALTORS® have unique insights into communities all around BC, and have a strong interest in ensuring safety and sustainability. Modernizing BC’s Emergency Management Legislation Page 4 January 31, 2020 BCREA is the professional association for about 23,000 REALTORS® in BC, focusing on provincial issues that impact real estate. Working with BC’s 11 real estate boards, BCREA provides continuing professional education, advocacy, economic research and standard forms to help REALTORS® provide value for their clients. To demonstrate the profession’s commitment to improving Quality of Life in BC communities, BCREA supports policies that encourage economic vitality, provide housing opportunities, respect the environment and build communities with good schools and safe neighbourhoods. Sincerely, Darlene K. Hyde Chief Executive Officer Copies: Hon. George Heyman, Minister of Environment and Climate Change Strategy ([email protected]) Hon. Mike Farnworth, Minister of Public Safety and Solicitor General ([email protected]) Hon. Selena Robinson, Minister of Municipal Affairs and Housing ([email protected]) Peter Milobar, MLA – Kamloops-North Thompson ([email protected]) Mike Morris, MLA – Prince George-Mackenzie ([email protected]) Todd Stone, MLA – Kamloops-South Thompson ([email protected]) .