Covid Update: British Columbia’s Emergency Program Act

Disasters and emergencies in British Columbia are managed under the Emergency Program Act (the “EPA”). The Cabinet may declare a state of emergency in British Columbia under section 9 of the Act. Floods, wildfires and covid-19 are the subject of this legislation.

Under s. 10(1) of the EPA, the Minister implement procedures considered necessary to deal with an emergency including:

  1. “acquire or use any land or personal property considered necessary to prevent, respond to or alleviate the effects of an emergency or disaster” (s. 10(1)(d));
  2. “authorize or require any person to render assistance of a type that the person is qualified to provide or that otherwise is or may be required to prevent, respond to or alleviate the effects of an emergency or disaster”;
  3. control or prohibit travel to or from any area of British Columbia” (s. 10(1)(f));
  4. “provide for … the distribution of essential supplies and provide, maintain and coordinate emergency medical, welfare and other essential services in any part of British Columbia” (s. 10(1)(g));
  5. “authorize the entry into any building or on any land, without warrant, by any person in the course of implementing an emergency plan or program or if otherwise considered by the minister to be necessary to prevent, respond to or alleviate the effects of an emergency or disaster” (s. 10(1)(i));
  6. “procure, fix prices for or ration food, clothing, fuel, equipment, medical supplies or other essential supplies and the use of any property, services, resources or equipment within any part of British Columbia for the duration of the state of emergency” (s. 10(1)(l)).

Persons contravening or interfering with EPA may be fined up to $10,000, imprisoned for up to one year, or both (s. 27).

 

 

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