If specific direction relating to management of a service during a pandemic is identified in the Plan, then any Emergency Orders issued by the Head of Council will be required to comply with those terms as discussed below. For example, if changes in service level beyond a certain threshold or for longer than a specific period of time would require both Board and Council approval, any order that purported to effect those changes would not be within the scope of the powers afforded to make Emergency Orders.
3. What are the emergency powers afforded to the Chief Executive of the City of Windsor as outlined by Provincial Legislation?
The EMCPA provides as follows:
4 (1) The head of council of a municipality may declare that an emergency exists in the municipality or in any part thereof and may take such action and make such orders as he or she considers necessary and are not contrary to law to implement the emergency plan of the municipality and to protect property and the health, safety and welfare of the inhabitants of the emergency area. R.S.O. 1990, c. E.9, s. 4 (1). (emphasis added)
The head of Council may declare an emergency, which is defined as “a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise.”
Following the declaration of an emergency, the head of council is empowered to take action and make orders satisfying the following criteria:
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The head of council must consider the order or act to be “necessary”
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The order or act must not be contrary to law
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The order or act is to implement the emergency plan and
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The order or act must respond to the emergency to protect the health, safety and welfare of the inhabitants of the emergency area
Therefore, if the emergency plan contains restrictions or additional terms regarding the manner of implementation, then any order or act by the head of council under this provision must respect those terms.
Risk Analysis:
The preparation of a Plan is challenging in that an emergency response plan needs to address a broad range of potential issues emanating from any number of different sources, many of which have not been experienced previously. It is important to recognize that what may be crucial during one type of emergency may be irrelevant in another. Flexibility to act and respond to an emergency is fundamental, and so any steps taken to limit that flexibility and timely response need to be seriously and carefully considered and fully informed.
There are no risks associated with the receipt of this report. Risks and challenges associated with making changes to the emergency response plan would be dictated by the specific changes desired.