BILL NO. 165
2nd Session, 63rd General Assembly
68 Elizabeth II, 2019
Private Member's Bill
Emergency Management Act
First Reading: October 1, 2019
Clause 1 adds a definition of "telecommunications".
Clause 2 requires Provincial and municipal emergency management plans to include a plan for the maintenance of telecommunications.
Clause 3 requires the Minister of Municipal Affairs and Housing or a municipal council to declare a state of emergency or state of local emergency if satisfied that an emergency exists or may exist.
Clause 4 allows the Minister, or a mayor or warden in the case of a state of local emergency, to provide for the maintenance and restoration of telecommunications.
Clause 5 requires persons providing telecommunications services to the public to maintain those services during an emergency, but to advise the Minister where doing so is not practical.
Clause 6 allows the Governor in Council to make regulations respecting standards for the maintenance of telecommunications during an emergency.
An Act to Amend Chapter 8
of the Acts of 1990,
the Emergency Management Act,
Respecting Emergency Management
AND WHEREAS September's Tropical Storm Dorian was an event that occasioned serious damage, notably to emergency communications, and demonstrated some weaknesses in Nova Scotia's emergency infrastructure;
1 Section 2 of Chapter 8 of the Acts of 1990, the Emergency Management Act, as amended by Chapter 48 of the Acts of 2005, Chapter 9 of the Acts of 2011 and Chapter 34 of the Acts of 2014, is further amended by
- (l) "telecommunications" includes telephone, cellular telephone and internet communications.
2 Chapter 8 is further amended by adding immediately after Section 10A the following Section:
- 10B A Provincial or municipal emergency management plan must include a plan for the maintenance of continuous telecommunications for emergency management offices and the public during an emergency.
3 (1) Subsection 12(1) of Chapter 8 is amended by striking out "may" the second time it appears in the fifth line and substituting "shall".
4 Clause 14(e) of Chapter 8 is amended by adding ", including telecommunications" immediately after "facilities" in the second line.
5 Chapter 8 is further amended by adding immediately after Section 16 the following Section:
- 16A (1) Subject to subsection (2), a person providing telecommunications services to the public shall maintain the operation of the telecommunications services at all times during a state of emergency.
(2) Where, due to the nature of the emergency, it is dangerous or impossible for a person providing telecommunications services to the public to maintain the operation of the telecommunications services during a state of emergency, the person shall immediately advise the Minister, or the mayor or warden in the case of a state of local emergency, of the outage and of the anticipated time for the restoration of the services.
6 Subsection 25(1) of Chapter 8, as amended by Chapter 48 of the Acts of 2005, Chapter 12 of the Acts of 2009 and Chapter 9 of the Acts of 2011, is further amended by adding immediately after clause (bd) the following clause:
- (be) respecting standards for the maintenance of telecommunications during an emergency, including different standards for areas with different population densities;
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