P-38.1 - Act respecting the protection of persons and property in the event of disaster

Full text
chapter P-38.1
Act respecting the protection of persons and property in the event of disaster
PROTECTION IN THE EVENT OF DISASTERDecember 20 2001December 20 2001
Chapter P-38.1 is replaced by the Civil Protection Act (chapter S-2.3). (2001, c. 76, s. 134).
2001, c. 76, s. 134.
CHAPTER I
INTERPRETATION AND APPLICATION
1. In this Act, unless the context indicates otherwise,
(a)  (paragraph repealed);
(b)  emergency measures means courses of action to be taken in the event of a disaster to save lives, to come to the assistance of persons in distress, to safeguard property, or to abate the effects of the disaster;
(c)  Minister means the Minister of Public Security;
(d)  disaster means a grievous event, real or imminent, caused by fire or by an accident, explosion, natural phenomenon or technical failure, whether or not as the result of human intervention, on such a scale that it causes or is likely to cause the loss of human life, unsafe conditions or personal injury, or extensive damage to property.
1979, c. 64, s. 1; 1983, c. 54, s. 61; 1986, c. 52, s. 21; 1988, c. 46, s. 12.
CHAPTER II
BUREAU DE LA PROTECTION CIVILE
DIVISION I
ESTABLISHMENT OF THE BUREAU
2. A civil protection service called “Bureau de la protection civile du Québec” is established within the Ministère de la Sécurité publique.
1979, c. 64, s. 2; 1988, c. 46, s. 13.
3. (Replaced).
1979, c. 64, s. 3; 1983, c. 54, s. 62; 1988, c. 46, s. 13.
4. (Replaced).
1979, c. 64, s. 4; 1983, c. 55, s. 161; 1988, c. 46, s. 13.
5. (Replaced).
1979, c. 64, s. 5; 1988, c. 46, s. 13.
6. (Replaced).
1979, c. 64, s. 6; 1988, c. 46, s. 13.
7. (Replaced).
1979, c. 64, s. 7; 1988, c. 46, s. 13.
8. (Replaced).
1979, c. 64, s. 8; 1988, c. 46, s. 13.
9. (Replaced).
1979, c. 64, s. 9; 1988, c. 46, s. 13.
10. (Replaced).
1979, c. 64, s. 10; 1988, c. 46, s. 13.
DIVISION II
FUNCTIONS OF THE MINISTER
1988, c. 46, s. 14.
11. The functions of the Minister are to devise and propose to the Government a policy on disaster prevention and the emergency measures to be taken in the event of a disaster, and to implement such policy and coordinate its carrying out.
It shall also advise the departments, the governmental agencies, the municipalities and any other person on disaster prevention and emergency measures, and it shall assist them in the event of a disaster.
Furthermore, even in the absence of a disaster or a decree of a state of emergency, the Bureau may, in the event of a rescue, come to the aid of any person whose life is in peril or, to the extent that a person’s safety is threatened, safeguard property.
1979, c. 64, s. 11; 1985, c. 29, s. 22; 1988, c. 46, s. 15; 1996, c. 2, s. 789.
12. For the purposes of section 11, the Minister
(a)  shall make inventories, inquiries and studies in respect of the risks of disaster and the means of preventing them, of resources available in the event of a disaster and of emergency measures;
(b)  shall prepare, in collaboration with the departments, governmental agencies, municipalities or any other person, a national plan of disaster prevention and emergency measures, as well as regional or local plans and programmes of disaster prevention and emergency measures;
(c)  shall inform the population on emergency measures;
(d)  shall set up or organize training programs in emergency measures or approve training programs prepared and organized by a department, a governmental agency or a municipality and programs prepared and organized by a person from whom a plan or program of disaster prevention and emergency measures has been required;
(e)  shall see to the recruitment of volunteers to assist the population in the event of a disaster or a rescue; and
(f)  shall acquire, build or operate on part of the territory of Québec, the equipment necessary in the event of a rescue or for the implementation of the emergency measures in the event of a disaster.
1979, c. 64, s. 12; 1983, c. 54, s. 63; 1985, c. 29, s. 23; 1988, c. 46, s. 15; 1996, c. 2, s. 789.
13. The Minister may, within such time as it may fix, require that a department, governmental agency, municipality or any other person whose activities could cause a disaster, identify the risks of disaster which may arise from their activities or that may occur in the territory subject to their jurisdiction.
The Minister may also require them to submit to it their plans and programmes of disaster prevention and emergency measures, and designate a person responsible for implementing such plans and programmes.
The Minister, after examining such plans or programmes, may approve them, with such amendments as it considers advisable; it shall integrate them, wholly or partly, into the national emergency plan.
1979, c. 64, s. 13; 1988, c. 46, s. 15; 1996, c. 2, s. 789.
13.1. The person responsible for carrying out the plan or program of disaster prevention and emergency measures of any department, governmental agency, municipality or any other person from whom such a plan or program has been required shall notify the Minister, as soon as possible, of any disaster that has occurred.
1983, c. 54, s. 64; 1988, c. 46, s. 15; 1996, c. 2, s. 789.
14. To carry out its functions, the Minister may cooperate with a government, a department, a governmental agency, a municipality or any other person, within or outside Québec, interested in emergency measures.
It may conclude an agreement with them according to law.
1979, c. 64, s. 14; 1988, c. 46, s. 15; 1996, c. 2, s. 789.
15. (Repealed).
1979, c. 64, s. 15; 1988, c. 46, s. 16.
CHAPTER III
STATE OF EMERGENCY
16. In the event of a disaster, the Government, if it considers it necessary, may decree a state of emergency throughout Québec or in any part of it for such period as it may indicate not exceeding thirty days. In such a case, the Minister also may exercise this power for a period not exceeding two days, once only.
1979, c. 64, s. 16.
Not in force
17. In the event of a disaster, the council of a municipal corporation or, if it is unable to act rapidly, the mayor may, if it or he considers it necessary, decree a state of emergency throughout the municipality or in any part of it for a period not exceeding twenty-four hours, once only.
In all cases, the mayor must inform the Minister as soon as possible of the state of emergency and send him a certified true copy of the decree.
1979, c. 64, s. 17.
18. A decree declaring a state of emergency must indicate the nature of the disaster, the territory that is declared a disaster area, the duration of the decree declaring the state of emergency, the person in charge of the emergency measures and, where such is the case, the main emergency measures envisaged for implementation.
1979, c. 64, s. 18.
19. The Minister may, when the state of emergency is decreed, require that a department, governmental agency, municipality or any other person implement its or his plan or programme of emergency measures.
Not in force
Furthermore, if the state of emergency has been decreed pursuant to section 17, the Minister may, by decree, take the responsibility of implementing the emergency measures.
1979, c. 64, s. 19; 1988, c. 46, s. 17; 1996, c. 2, s. 789.
20. As soon as the state of emergency has been decreed, the Minister or the mayor shall make all the arrangements necessary for ordering, directing or coordinating the implementation of the emergency measures, and to ensure personal safety and the safeguard of property in the disaster area.
1979, c. 64, s. 20; 1988, c. 46, s. 18.
21. For the application of section 20, the Minister or the mayor may, himself or through any person he specially authorizes,
(a)  authorize the help and assistance of any person according to his means;
(b)  direct or prohibit vehicular or pedestrian traffic;
(c)  provide, where necessary, for the maintenance or restoration of the services he indicates; or
(d)  use and requisition the property and services necessary for saving lives or averting unsafe conditions or personal injury, and determine or coordinate the use of such property.
The mayor shall not perform any act contemplated in subparagraph d without prior authorization from the Minister.
1979, c. 64, s. 21; 1988, c. 46, s. 18.
22. A person contemplated in section 21 may also, by a motion heard and decided by preference, obtain the authorization of a judge of the Court of Québec or of the Superior Court to perform one of the following acts:
(a)  to order persons to vacate premises he indicates in the time he allows them; or
(b)  to wholly or partly demolish or remove buildings or other property, or order persons to do so.
1979, c. 64, s. 22; 1988, c. 21, s. 66.
Not in force
23. The Government may, by decree, prolong the state of emergency decreed by the council or the mayor of a municipal corporation, for such period as it may indicate not exceeding thirty days, if it considers that the protection of persons and property requires it. In such a case, the Minister also may decree the prolongation of the state of emergency for a period not exceeding two days, once only.
1979, c. 64, s. 23.
24. The Minister must table, before the National Assembly, every decree of the Government declaring a state of emergency, not later than the third day during which the Assembly sits after the decree is made.
The National Assembly may, on the motion of a member, revoke a decree so tabled; such a motion shall be given urgent consideration.
1979, c. 64, s. 24.
25. The Government, at any time, by decree, may terminate a state of emergency decreed pursuant to section 16 or 17.
1979, c. 64, s. 25.
26. A decree made under this chapter comes into force upon its adoption and it must be published immediately in the Gazette officielle du Québec.
1979, c. 64, s. 26.
27. The Minister or the mayor, or any person specially authorized by one of them for such purpose, shall publicize the decree, using the best means available to rapidly and effectively inform the population in the disaster area.
1979, c. 64, s. 27; 1988, c. 46, s. 18.
28. This chapter has effect notwithstanding any incompatible provision of a general law or special act or of a regulation made under such a law or act.
1979, c. 64, s. 28.
CHAPTER IV
RELIEF FUND FOR PERSONS IN DISTRESS
29. A relief fund for persons in distress is established, entrusted with collecting donations from the public and distributing them to persons who, in Québec or elsewhere, have suffered loss as the result of a disaster.
1979, c. 64, s. 29.
30. The fund is a legal person.
1979, c. 64, s. 30; 1999, c. 40, s. 231.
31. The head office of the fund is at the place determined by the Government; a notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec.
The fund may hold its sittings anywhere in Québec.
1979, c. 64, s. 31.
32. The fund is administered by three persons including a person designated by the Minister; the two other administrators are appointed for a period not exceeding five years by the Government, which shall choose the chairman among them.
The Government shall, if necessary, fix the salary, additional salary or fees that may be paid to each of the administrators, as well as their allowances or indemnities.
The administrators remain in office after the expiry of their term until they are reappointed or replaced.
1979, c. 64, s. 32; 1988, c. 46, s. 19.
33. If one of the administrators is absent or unable to act, the Government may appoint a person to replace him temporarily.
1979, c. 64, s. 33; 1999, c. 40, s. 231.
34. Two members constitute a quorum of the fund. In the case of a tie-vote, the chairman has a casting vote.
An administrator having a personal interest relating to an application for assistance must declare his interest and refrain from participating in the decision, under pain of forfeiture of his office.
1979, c. 64, s. 34.
35. The minutes of the sittings of the fund approved by the administrators, as well as copies or extracts certified true by the chairman or secretary, are authentic.
1979, c. 64, s. 35.
36. The fiscal period of the fund ends on 31 March each year.
1979, c. 64, s. 36.
37. Not later than 30 June each year, the fund must file with the Minister a report of its activities for the preceding fiscal period. This report must be audited by an accountant and include, in particular, the balance sheet and the statement of receipts and expenditures.
This report must be tabled before the National Assembly within thirty days if it is in session or, if it is not sitting, within thirty days after the opening of the next session or after resumption, as the case may be.
1979, c. 64, s. 37.
CHAPTER V
FINANCIAL ASSISTANCE
38. The Government, if it considers it advisable to grant financial assistance to municipalities or to persons who have suffered loss or provided help during a disaster or a rescue, may establish a program of financial assistance and entrust the Minister or a municipality with the administration of that program.
1979, c. 64, s. 38; 1985, c. 29, s. 24; 1988, c. 46, s. 20; 1996, c. 2, s. 789.
39. (Repealed).
1979, c. 64, s. 39; 1979, c. 63, s. 329; 1985, c. 6, s. 509.
CHAPTER VI
REGULATIONS
40. The Government, by regulation, may prescribe
(a)  the standards regarding the preparation, content, updating or publication of plans and programmes of disaster prevention and emergency measures;
(b)  the minimum necessary standards of equipment and service for the implementation of a plan or programme of disaster prevention and emergency measures;
(c)  the criteria to be taken into account by the Minister in setting up, organizing or approving training programmes in emergency measures;
(d)  the administrative standards of the relief fund for persons in distress as well as the standards regarding the management and distribution of the collected donations; and
(e)  any desirable measure for the application of this Act.
1979, c. 64, s. 40; 1988, c. 46, s. 20.
41. The Government shall publish a draft regulation in the Gazette officielle du Québec at least thirty days before adopting it.
The regulation comes into force on the day when the Government publishes a notice of its adoption in the Gazette officielle du Québec or on any later date indicated in the notice. If the Government has amended the draft regulation, the text of the amendments or the final text of the regulation must be attached to the notice.
1979, c. 64, s. 41.
CHAPTER VII
GENERAL AND MISCELLANEOUS PROVISIONS
42. No person taking part in a rescue or in the implementation of emergency measures or a plan or programme of disaster prevention and emergency measures may be held responsible for injury caused in good faith to another person as a result of his participation.
1979, c. 64, s. 42; 1985, c. 29, s. 25; 1999, c. 40, s. 231.
43. The Government or, as the case may be, the local municipality shall, taking into account the injury sustained, indemnify the owner of property used or requisitioned pursuant to section 21.
1979, c. 64, s. 43; 1996, c. 2, s. 790.
43.1. The Act to promote good citizenship (chapter C-20) applies to a person who, at the request of an authorized person, gratuitously lends assistance in the event of a rescue or to a person who takes part in a rescue training program established, organized or approved by the Minister.
1985, c. 29, s. 26; 1988, c. 46, s. 20.
44. (Repealed).
1979, c. 64, s. 44; 1985, c. 6, s. 509.
Not in force
45. In the application of emergency measures, the mayor may order any expenditure he considers necessary and award any contract required to remedy the situation. He must then make a substantiated report to the council at the next meeting. However, if the municipality has an executive committee and the committee sits before the next council meeting, the mayor shall make a substantiated report to the committee. His report must then be tabled at the next council meeting.
1979, c. 64, s. 45.
46. The council of a municipality may enter into an agreement with the Minister respecting the application of this Act.
1979, c. 64, s. 46; 1988, c. 46, s. 20; 1996, c. 2, s. 789.
46.1. A local municipality may, by by-law, establish a civil protection service responsible for the prevention of disasters, the preparation and the implementation of emergency measures and the carrying out of rescue operations.
1985, c. 29, s. 27; 1996, c. 2, s. 790.
47. (Repealed).
1979, c. 64, s. 47; 1996, c. 2, s. 788.
48. The members of the staff of the Bureau are prohibited from striking.
1979, c. 64, s. 48.
49. Employers are prohibited from dismissing, suspending or transferring an employee or changing his conditions of employment on the ground that he has taken part in a rescue or in the carrying out of emergency measures, provided that he took part at the request of an authorized person.
Any contravention of the first paragraph, in addition to being an offence against this Act, authorizes the employee to exercise a remedy before the Commission des relations du travail established by the Labour Code (chapter C-27). The provisions applicable to a remedy relating to the exercise by an employee of a right arising out of the Code apply, with the necessary modifications.
1979, c. 64, s. 49; 1985, c. 29, s. 28; 2001, c. 26, s. 152.
50. No person may hinder the Minister or the mayor, or any person authorized by one of them, from carrying out his functions; a person so authorized shall, however, if he is so requested, exhibit a certificate attesting his capacity and bearing the signature of the person who authorized him.
1979, c. 64, s. 50; 1988, c. 46, s. 21.
51. The Minister may directly or through a person designated by him for such purpose, inquire into any matter contemplated in this Act and the regulations.
1979, c. 64, s. 51; 1988, c. 46, s. 22.
52. Every person who contravenes any provision of this Act or a regulation under this Act, or incites a person to do so, is guilty of an offence and liable to a fine of not more than $1 000 in the case of a natural person, or to a fine of not more than $10 000 in the case of a legal person.
1979, c. 64, s. 52; 1990, c. 4, s. 699; 1999, c. 40, s. 231.
53. (Repealed).
1979, c. 64, s. 53; 1990, c. 4, s. 700; 1992, c. 61, s. 474.
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONS
54. The staff of the civil protection service in office on 1 September 1980 become, without other formality, the staff of the Bureau, and the Public Service Act (chapter F-3.1.1) applies to that staff without other formality.
1979, c. 64, s. 54; 1983, c. 55, s. 161.
55. (Omitted).
1979, c. 64, s. 55.
56. (Amendment integrated into c. R-10, s. 2).
1979, c. 64, s. 56.
57. The sums required by the Government for the application of Chapters III and V are taken out of the consolidated revenue fund.
The other expenses required for the application of this act are paid, for the fiscal periods 1979-1980 and 1980-1981, out of the consolidated revenue fund and, for the subsequent fiscal periods, out of the sums granted every year for such purpose by Parliament.
1979, c. 64, s. 57.
58. Any agreement entered into under the Civil Protection Act (chapter P-33) remains in force until it is replaced by an agreement entered into under this act.
1979, c. 64, s. 58.
59. The Minister of Public Security is entrusted with the administration of this Act.
1979, c. 64, s. 59; 1986, c. 52, s. 22; 1988, c. 46, s. 23.
60. (Omitted).
1979, c. 64, s. 60.
61. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 64 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 60, effective from the coming into force of chapter P-38.1 of the Revised Statutes.