BILL NO. 455
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2024
Government Bill
An Act to Establish a Department of
Emergency Management and Authorize
the Establishment of a Nova Scotia Guard
The Honourable Tim Houston
President of the Executive Council
First Reading: March 28, 2024
Second Reading: September 5, 2024
Third Reading: September 20, 2024 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clauses 1 and 2 assign responsibility for the Emergency "911" Act and the Emergency Management Act to the Minister of Emergency Management.
Clause 3 makes orders by the Minister under the Emergency Management Act prevail over any other enactment respecting emergencies.
Clause 4 adds the Minister of Emergency Management to the list of members of the Executive Council in the Executive Council Act.
Clauses 5 and 6 change references from the Office of Emergency Management to the Department of Emergency Management.
Clauses 7 and 8 create the Department of Emergency Management and assign it responsibilities.
Clause 9 assigns responsibility for the Volunteer Fire and Ground Search and Rescue Services Act to the Minister of Emergency Management.
Clause 10 provides that this Act comes into force on proclamation.
The Schedule enacts the Nova Scotia Guard Act.
An Act to Establish a Department of
Emergency Management and Authorize
the Establishment of a Nova Scotia Guard
Be it enacted by the Governor and Assembly as follows:
1 Section 3 of Chapter 4 of the Acts of 1992, the Emergency "911" Act, as amended by Chapter 38 of the Acts of 1994, Chapter 10 of the Acts of 1999 (Second Session), Chapter 9 of the Acts of 2011, Chapter 15 of the Acts of 2019 and Chapter 45 of the Acts of 2022, is further amended by
(a) striking out "Justice" in clause (aa) and substituting "Emergency Management"; and
(b) striking out "Municipal Affairs" in clause (g) and substituting "Emergency Management".
2 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, Chapter 34 of the Acts of 2014 and Chapter 45 of the Acts of 2022, is further amended by striking out "Municipal Affairs" in clauses (aa) and (g) and substituting "Emergency Management" in each case.
3 Subsection 3(1) of Chapter 8 is repealed and the following subsection substituted:
- (1) Where there is a conflict or inconsistency between this Act, the regulations or an order made by the Minister under this Act and any other enactment respecting emergencies, this Act, the regulations and the order prevail.
4 Section 3 of Chapter 155 of the Revised Statutes, 1989, the Executive Council Act, as enacted by Chapter 29 of the Acts of 2021, is amended by adding immediately clause (m) the following clause:
- (ma) the Minister of Emergency Management;
5 Clause 3(3)(a) of Chapter 12 of the Acts of 2007, the Medal of Bravery Act, is repealed and the following clause substituted:
- (a) the Deputy Minister of Emergency Management;
6 The Schedule to Chapter 42 of the Acts of 2010, the Public Interest Disclosure of Wrongdoing Act, is amended by
(a) adding "Department of Emergency Management" immediately after "Department of Education"; and
(b) striking out "Emergency Management Office".
7 Chapter 376 of the Revised Statutes, 1989, the Public Service Act, is amended by adding immediately after Section 36 the following headings and Sections:
- 36A The Department of Emergency Management shall be presided over by the Minister of Emergency Management who has the supervision, direction and control of all affairs and matters relating to the Department and who shall supervise the performance of the functions of the Department.
36B The Minister of Emergency Management has, unless specifically assigned to another member of the Executive Council, the supervision, direction and control of
(a) emergency management, including emergency preparedness, incident management and recovery;
(b) business continuity planning and management for the Government of the Province;
(c) the emergency "911" system;
(e) public safety and field communications systems and services;
(f) the administration of Acts, orders and regulations relating to the matters referred to in clauses (a) to (e);
(g) such other matters as may be assigned to the Minister by the Governor in Council or by statute; and
(h) such other matters as may be assigned to the Minister by the Governor in Council on a temporary basis in order to lead or coordinate the response to an emergency or other time of need.
8 Clauses 46EB(a) and (i) and 46I(c) of Chapter 376 are repealed.
9 Section 3 of Chapter 13 of the Acts of 2002, the Volunteer Fire and Ground Search and Rescue Services Act, as amended by Chapter 28 of the Acts of 2010, is further amended by
(a) striking out clause (ba); and
(b) striking out "Emergency Management Office" in clause (e) and substituting "Department of Emergency Management".
10 This Act has effect on such day as the Governor in Council orders and declares by proclamation.
1 This Act may be cited as the Nova Scotia Guard Act.
"delegate" means a person or class of persons delegated power or responsibility under subsection 4(1);
"Guard" means the Nova Scotia Guard referred to in Section 5;
"Minister" means the Minister of Emergency Management.
3 (1) The Minister is responsible for the general supervision and management of this Act.
(a) lead, direct and support a coordinated response to emergencies and other times of need;
(b) lead the recovery from emergencies and other times of need; and
(c) create and nurture a culture of preparedness across the population of the Province.
4 (1) The Minister may delegate any power or responsibility under this Act to a person or class of persons.
(2) A delegation under subsection (1) must be in writing and may include any terms or conditions that the Minister considers advisable.
5 (1) The Nova Scotia Guard may be established in accordance with the regulations.
(2) The purpose of the Guard is to
(a) ensure that people, skills, goods and services are available in an emergency or other time of need;
(c) promote Nova Scotian pride; and
(d) ensure emergency preparedness and response.
6 (1) The Governor in Council may make regulations
(a) respecting the Guard, including its establishment, composition, organization, duties and powers;
(b) respecting the delegation of powers and responsibilities by the Minister;
(c) respecting powers the Guard may exercise in relation to an emergency or other time of need;
(d) respecting the recovery of expenses in relation to actions taken to protect private property in response to an emergency or other time of need by the Minister or the Guard;
(e) respecting agreements for the provision of goods, services and other resources;
(f) respecting regional emergency management offices;
(g) respecting the relationship between municipalities and regional emergency management offices;
(h) respecting the provision of fire dispatch services through regional emergency management offices;
(i) respecting vulnerable persons registries and their implementation;
(j) respecting a regional emergency alert system and the participation of municipalities in the system;
(k) defining any word or expression used but not defined in this Act;
(l) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority in subsection (1) is a regulation within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2024 Crown in right of Nova Scotia. Created March 28, 2024. Send comments to legc.office@novascotia.ca.
