Emergency "911" Act

CHAPTER 4

OF THE

ACTS OF 1992

amended 1994, c. 38; 1999 (2nd Sess.), c. 10; 2000, c. 4, s. 7;
2011, c. 9, ss. 2, 3

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An Act to Establish and Implement
a Province-wide "911" Telephone Number
for the Reporting of Emergencies

Short title

1 This Act may be cited as the Emergency " 911" Act. 1992, c. 4, s. 1.

Purpose of Act

2 The purpose of this Act is to establish the number "911" as the primary emergency telephone number for use in the Province and to implement a Province-wide system for the reporting of emergencies to emergency service agencies. 1992, c. 4, s. 2.

Interpretation

3 In this Act,

(a) "CLEC" means a competitive local exchange carrier or other company that provides local telecommunication services in competition with Maritime;

(aa) "Department" means the Department of Justice;

(b) "emergency service agencies" means the public service and emergency service agencies operating within the Province, including all municipal police forces required to be maintained pursuant to the Police Act, including the Royal Canadian Mounted Police, all fire departments organized to serve any area of the Province, all ambulance services operating from time to time within the Province and such other emergency service agencies as may be approved by the Minister;

(c) "emergency service zone" means a geographical area served by a common group of emergency service agencies;

(d) "information" includes, but is not restricted to, information respecting subscribers to telephone service from Maritime;

(e) "Maritime" means Maritime Telegraph and Telephone Company, Limited or Maritime Tel & Tel Limited or any other subsidiary of Maritime Telegraph and Telephone Company, Limited and its successors and assigns;

(f) "master street address guide" means a database that correlates civic numbers and street, road or highway names or other identifiers with emergency service zones;

(g) "Minister" means the Minister of Justice;

(h) "primary public safety answering point" means a communication centre that is normally the first point of reception of emergency calls;

(i) "public safety answering point" means a communication centre that functions to receive emergency calls and to dispatch such calls to the appropriate emergency service agency;

(j) "rural municipality" means a municipality of a county or district;

(k) "secondary public safety answering point" means a communication centre to which emergency calls are transferred from a primary public safety answering point that is normally the agency responsible for dispatching emergency personnel;

(l) "system" means an emergency telephone system for the reporting of emergencies to emergency service agencies that automatically connects a person dialing the digits 911 to a public safety answering point through telephone network facilities. 1992, c. 4, s. 3; 1994, c 38, s. 1; 1999 (2nd Sess.), c. 10, s. 1; 2011, c. 9, s. 2.

Administration of Act

4 (1) The Minister has the general supervision and management of this Act and the regulations.

(2) The Minister may delegate a power or duty conferred or imposed on the Minister by this Act or the regulations to persons designated by the Minister. 1992, c. 4, s. 4.

Responsibilities of Minister

5 The Minister is responsible for the development and implementation in a reasonable and timely manner of a Province-wide "911" emergency telephone system, including

(a) providing, in co-operation with a regional municipality, incorporated town or rural municiaplity [municipality], the overall management, direction, co-ordination and support for the development and implementation of the system;

(b) taking all reasonable measures to ensure the participation of emergency service agencies in the system on terms required for the effective implementation and operation of the system;

(c) entering into agreements with individuals, persons, organizations or governments to carry out the purpose of this Act;

(d) developing standards for primary public safety answering points and secondary public safety answering points;

(e) determining the location and coverage areas for primary public safety answering points and secondary public safety answering points after consultation with local regional municipality, town or municipal authorities and with affected parties;

(f) preparing a manual that will provide for and ensure the maintenance, at all times, of a means of uniquely identifying every residence and business location within the Province;

(g) providing to Maritime the civic address of every residence and business location within the Province;

(h) preparing a master street address guide, covering the whole of the Province, comprised of

(i) the design and use of an emblem to be associated with the system;

(j) preparing and administering policies, programs, standards, guidelines, objectives, codes of practice and directives for the purposes of the administration and enforcement of this Act or the regulations, including access to information pursuant to Section 7. 1992, c. 4, s. 5; 1999 (2nd Sess.), c. 10, s. 2.

Personnel

6 Such officers, clerks, assistants and other persons as are required for the purpose of this Act may be appointed in accordance with the Civil Service Act. 1992, c. 4, s. 6.

Restriction on information supplied

7 (1) All information supplied by Maritime or a CLEC to the Province or to its employees, agents or contractors or to which the Province or its employees, agents or contractors have access in connection with the design, development, implementation, operation or maintenance of the system shall be supplied or made accessible by Maritime or a CLEC only to the extent necessary to permit the design, development, implementation, operation or maintenance of the system.

(2) The Province shall take all steps reasonably necessary to maintain the information referred to in subsection (1) in confidence and to ensure that any

(a) employees, assigns, agents or contractors of the Province; and

(b) emergency service agencies,

who have access to the information, maintain the information in confidence.

(3) The Minister shall designate the persons who may have access to the information referred to in subsection (1) and no other persons shall be permitted to have such access.

(4) Emergency service agencies, the Province and its assigns, employees, agents and contractors shall not utilize the information for any purposes other than the purposes referred to in subsection (1).

(5) No person employed pursuant to subsection (1) of Section 7 for the purposes of this Act or the regulations shall use that person's position to benefit a company, corporation or agency with which that person is associated in a financial capacity. 1992, c. 4, s. 7; 1999 (2nd Sess.), c. 10, s. 3.

Application of certain provisions of Act

8 The provisions of subsections (1), (2) and (4) of Section 7 apply, mutatis mutandis, to all information supplied by the Province to Maritime or a CLEC or its employees, agents or contractors or to which Maritime or a CLEC or its employees, agents or contractors have access in connection with the design, development, implementation, operation or maintenance of the system. 1992, c. 4, s. 8; 1999 (2nd Sess.), c. 10, s. 4.

Exemption from liability

9 The Province, the Minister, a regional municipality, a town, a rural municipality, Maritime, a CLEC, the Department and emergency service agencies are not liable, directly or indirectly, for a claim arising out of, relating to or attributable to personal injury, property damage, death or economic loss or for any contribution, reimbursement or indemnification in respect thereof, or a suit, a fine, a demand, an action, a loss, costs or damage of any nature or kind arising out of the operation of, failure of or failure to operate the system or any part of it. 1999 (2nd Sess.), c. 10, s. 5; 2011, c. 9, s. 3.

Prohibition respecting automatic alarm

10 No person shall connect an automatic alarm of any kind to the system. 1992, c. 4, s. 10.

Prohibition respecting automatic dialer

11 Except with the written approval of the Minister or a person designated by the Minister, no person shall use an automatic dialer to dial the number "911". 1992, c. 4, s. 11; 1999 (2nd Sess.), c. 10, s. 6.

Prohibition respecting vexatious calls

12 No person shall use or permit another person to use the telephone to place a false, frivolous or vexatious call to the number "911". 1992, c. 4, s. 12.

Offences and penalties

13 A person who violates any of the provisions of this Act or the regulations is guilty of an offence and is liable on summary conviction to a penalty of not more than five thousand dollars or in default to a term of imprisonment not exceeding six months, and for each subsequent offence is liable on summary conviction to a fine of not more than ten thousand dollars or, in default, to a term of imprisonment not exceeding one year. 1992, c. 4, s. 13.

Regulations

14 (1) The Governor in Council may make regulations

(a) respecting standards, locations and coverage areas for primary public safety answering points and secondary public safety answering points;

(b) respecting emergency service agencies to which this Act applies;

(c) requiring the owner or occupier of a residence or business location to post the applicable civic number on the building;

(d) respecting the size, location and design of civic numbers to be posted on residences and business locations;

(e) subject to Section 13, prescribing the minimum and maximum fines to be paid for a violation of the regulations;

(ea) respecting any matter necessary or advisable for the establishment of fees to recover costs for any services or materials provided in the course of the administration of this Act or the regulations;

(f) defining any word or expression used but not defined in this Act;

(g) for any purpose necessary or advisable to carry out the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) shall be regulations within the meaning of the Regulations Act. 1992, c. 4, s. 14; 2000, c. 4, s. 7.

Towns Act amended

15 amendment

Municipal Act amended

16 amendment

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