On Jan. 25, the Regional District of Bulkley Nechako (RDBN) sent letters to Premier David Eby and the Minister of Emergency Management and Climate Readiness Bowinn Ma regarding concerns about the Emergency and Disaster Management Act (EDMA).
Linda McGuire, Granisle’s mayor, said that the legislation states that if the province or a regional district issues an order during a state of provincial or local emergency and a resident violates the order, the resident would be liable to legal actions. She asked whether this is still under discussion and showed her concerns about whether Chinook Emergency Response Society (CERS) would remain protected or fall under the legislation’s violation.
Clint Lambert, RDBN’s Francois/Ootsa Lake director, said this was one of his concerns and emphasized that it was a huge overreach.
“We’re taking citizens and turning them into criminals by what we put in our acts. Just because someone stays behind does not make them a criminal; to stay and defend their home and livelihoods,” Lambert said.
Deborah Jones-Middleton, RDBN’s Director of Protective Services, said this is not clear at this moment. She also stated that if CERS operates with BC Wildfire Services, they will remain protected from legal actions under this new legislation.
According to the legislation, sections 150-153 states that EDMA will not enable any legal actions against a local authority, such as regional districts, BC Wildfire Services and so on, for failing to achieve certain results in the implementation of an emergency plan or for choosing to take a particular action during the crisis.
Disagreements between local authorities, Indigenous governing bodies, and the province regarding the implementation of emergency plans and emergency responses are not grounds for legal action under these sections. Disagreements are not considered disobeying orders for crisis management.
On Jan. 18, CERS held a meeting in Grassy Plains School, and RDBN was requested to attend it.
Curtis Helgesen, RDBN’s chief administrative officer, said that the Regional District of Bulkley-Nechako Protective Services staff attended the meeting.
Helgesen said there were some misunderstandings about fines and penalties; EDMA outlines the maximum fines and penalties that could be imposed. “The old Emergency Program Act (EPA) had fines and penalties but was not outlined in the legislation, so this is not new,” he said.
He also said that RDBN and CERS communicated effectively during the 2023 wildfire season. “CERS helped disseminate critical information during the summer and shared concerns they were hearing from the community,” he said.
“The RDBN even brought a member of CERS on as a temporary community liaison to assist in one of the responses in Germansen Landing during the wildfire season. The community liaison acted as a direct link between the community and the Emergency Operations Centre to assist with key information,” he said.
The letter highlights some of the key concerns of the board:
Increased capacity is required regarding consultation and collaboration with First Nations.
Expectations regarding preparedness and response on crown lands.
The new requirements to extend state of local emergency powers.
Local community groups staying and defending and how that may be considered contravening EDMA.
Concerns with adequately staffing the emergency management programs to meet the new requirements of EDMA without sustained funding.
Creating an Indigenous governing body working group to work with the province and regional districts on the co-development of the regulations and policies.
Helgesen stated that RDBN will follow the legislation, regulations, and policies under EDMA, similar to the old EPA.
“It is hoped that local authorities and First Nations will have a strong voice in the development of regulations that will guide the implementation of the new legislation,” he said.