What We Heard Report Wildfires, and Earthquakes
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EMERGENCY PROGRAM ACT (EPA) MODERNIZATION DISCUSSION PAPER WHAT WE HEARD: MODERNIZING BC’S EMERGENCY MANAGEMENT LEGISLATION August 31, 2020 Minister’s Message On October 28, 2019, I released a public One immediate consequence of the COVID-19 discussion paper on “Modernizing BC’s Emergency pandemic is that we will not be able to deliver a Management Legislation”, as a means of gathering complete, brand-new emergency management valuable input to help shape new, modernized Act by Fall 2020. We are now targeting Spring 2021 legislation to guide emergency management in BC. to deliver the new legislation. While it has changed At that time, no one anticipated the unprecedented our timelines, the pandemic has also shown how public health emergency on the horizon. The global important it is to update our legislation and shift to a COVID-19 pandemic has confirmed the need to disaster risk management approach. update our emergency management legislation. Through the Discussion Paper engagement process, In reading this report, it may seem odd that none of the public, our partners and stakeholders were the content relates to the COVID-19 pandemic or to invited to submit comments until January 31, 2020 health emergencies in general. That’s because the on the proposed legislative changes. We committed Discussion Paper and the responses pre-dated the to reporting back on what we heard with a summary pandemic, and it’s fair to say they were informed report. While the COVID-19 pandemic thwarted more by other types of events such as floods, the goal of publishing a What We Heard Report wildfires, and earthquakes. Our government will, earlier this spring, we are now able to fulfill our however, ensure that the lessons learned from our commitment. experience managing the COVID-19 emergency are considered in the new legislative framework. We received 239 distinct submissions from members of the public, other ministries and levels The COVID-19 pandemic has stretched the resources of government, communities, First Nations, business and capacity of our emergency management and industry as well as from our vital non-profit partners at all levels of government and in the private and volunteer organizations and emergency and non-profit sectors, requiring collaboration and management practitioners. coordination on a province-wide scale. There are a lot of lessons to be learned from this challenge, The response was substantial, thoughtful and but foremost is the importance of coordinating our largely positive. I am encouraged by the depth of response and recovery efforts. engagement and shared concern for public safety expressed by all who responded. My sincere thanks greatest impact from events such as wildfires and Our partners, our communities and our people have for the time and energy you invested in helping us flooding. Indigenous leaders and emergency all stepped up to do their part. The efforts to keep move this new legislation forward. management practitioners have told us that our essential services going and provide the vital Nations must have a strong, self-determined role in services we rely on for our health and safety need to When British Columbia became the first province emergency management. We must forge new and be acknowledged. to adopt the United Nations Sendai Framework for stronger relationships that are collaborative and that Disaster Risk Reduction (Sendai Framework) it was better respect the unique perspectives and needs of The risks to people and society from a major an acknowledgement of the need to embrace a Indigenous peoples. emergency event are very real and we need to be broader vision of disaster risk management and prepared to mobilize all our resources to prepare emergency management, one that emphasizes the The thoughtful comments and suggestions we for, mitigate, respond to and recover from such importance of identifying and mitigating risk before received represent a valuable resource, not just events. The significant and substantive response to events occur and recognizes the complexities of for shaping the new legislation but also for the our call for input on modernizing our emergency recovery and the wisdom in building back better development of regulations, policy and practices. I management legislation reflects that this is a after events. want to assure all those who responded that while message we all embrace, and that we are all in this they may not see their comments and suggestions together as we work to continuously improve the We are reminded daily of the increased risks we face reflected directly in the new legislation, their input is emergency management system for our people and from climate change and, through the COVID-19 important when we move forward to develop new communities. pandemic, risks associated with our global inter- regulations and adapt our policies and practices to connectedness in trade and travel. Anticipating better meet society’s changing needs. Yours Sincerely, and mitigating these risks will inform the provincial government’s actions regarding community and One of the significant underpinnings of the public safety and disaster risk and emergency Sendai Framework and our new legislation is management. the understanding that addressing disaster risk The Honourable Mike Farnworth management and our emergency management Public Safety and Solicitor General and Minister Our government has also taken important steps to needs is an all of society challenge. The current Responsible for Emergency Management BC develop a new relationship with First Nations and pandemic and the response from all levels Indigenous peoples, as reflected in the Declaration of government and all segments of society on the Rights of Indigenous Peoples Act (Declaration demonstrate the far-reaching ramifications a major Act). Indigenous communities often bear the event can have for people and communities. TABLE OF CONTENTS Introduction .....................................................................5 Overarching Themes .............................................................6 Definitions ..................................................................... 10 States of Emergency ........................................................... 11 Enhancing Confidence in the Emergency Management System . 12 Provincial Ministries, Crown Corporations and Public Sector Agencies ���������������������� 14 Local Authorities ............................................................... 15 First Nations as Emergency Management Partners .............................. 17 Critical Infrastructure Operators ................................................ 19 Supporting Volunteers and Non-Governmental Organizations ������������������������������������ 21 Supporting and Empowering Residents, Visitors and Businesses . 22 Compliance and Enforcement .................................................. 24 Conclusion ..................................................................... 25 Introduction # of Engagement Sessions by Sector 4% 2% On October 28, 2019, Emergency Management 9% Provincial Ministries 79 (46%) BC (EMBC) released a Discussion Paper on Local Authorities 29 (17%) Modernizing BC’s Emergency Management 10% 46% Critical Infrastructure* 21 (12%) Legislation, which outlined a series of policy 172 First Nations** 18 (10%) proposals for consideration in new emergency Engagement Sessions Crown Corporations / NGO 16 (9%) management legislation, replacing the existing Emergency Program Act (EPA). 12% Federal Ministries 6 (4%) Miscellaneous 3 (2%) This report summarizes the feedback 17% received in response to the Discussion Paper up to the January 31, 2020 close of * Critical infrastructure engagement sessions were sectoral and included over 30 participants. the engagement period. During this time, ** Indigenous engagement sessions include 5 regional sessions with 80 participants from 61 Nations. EMBC conducted some 172 meetings, webinars and teleconferences with partners and stakeholders, and received 239 written Formal Submissions Received submissions. This included five regional Indigenous engagement sessions reflecting 2% 2% 1% NGO / Volunteer 71 (30%) the perspectives of approximately 80 3% 5% 30% Local Authorities 57 (24%) Indigenous participants from 61 First Nations General Public* 51 (21%) communities. The Union of British Columbia Provincial Ministries 30 (13%) Municipalities (UBCM) Flood and Wildfire 12% Critical Infrastructure** 12 (5%) Advisory Committee was a key contact point 239 with local government elected officials and Formal Submissions First Nations 7 (3%) senior staff. Crown Corporation 5 (2%) Federal Ministries 4 (2%) 21% This Report summarizes the feedback received 24% MLA 2 (1%) and how it will be reflected as legislative development moves forward. * A majority of the public submissions were focused on animal well-being issues. ** Critical infrastructure submissions were largely sector-based with multiple signatories. 6 5 What We Heard: Modernizing BC’s Emergency Management Legislation Overarching Themes There was broad consensus on the need to modernize BC’s emergency management legislation and widespread support for almost all of the specific proposals in the Discussion Paper. The engagement process surfaced several key themes which are identified below. Moving forward: In keeping with international best practices, the Act will include recognition of climate Theme #1 change as a key driver and consideration. New regulations regarding the content of Climate change must be reflected in the