Alberta Public Safety and Emergency Services has introduced a bill with amendments that may change some aspects of wildfire, flood and other emergency response in Alberta.
On April 7, 2025, the Government of Alberta announced Bill 49, the Public Safety and Emergency Services Statutes Amendment Act. Along with changes to illicit scrap metal sales and provincial police services, this bill also proposes changes to the Emergency Management Act that reflect lessons learned from wildfire and flood events and provincial COVID-19 response. An overview of the changes that concern wildfire and flood emergency management are included below:
Inclusion of a preamble
- Highlights rights and freedoms of individuals and local governments during emergency response delivery
Restrictions to the definition of “emergency”
- The new changes limit the application of the Emergency Management Act (EMA) to events that are unpredictable or are known for a limited duration. it is unclear if the EMA would be activated only during events that are spontaneous, or if there is an acceptable time limit before an event to which the EMA may be activated.
Broadening the scope of Minister powers regarding financial damage compensation and funding to municipalities
- Allows Legislature to provide funding through a broader array of tools, from simple compensation for damages suffered during an “emergency” under the EMA, to compensation for the damage, funding assistance to rebuild lost and damaged structures, and the implementation of prevention measures for eligible hazards.
- Emergency events are expanded from floods to “potential hazards” which now includes wildfires and other emergency events
- Allows the Minister to differentiate classes of applicants, and provide allocations based on those classes.
Addition of transition legislation
- Assists the relevant Minister to transition previously guaranteed funding and emergency relief to the purview of the EMA as amended.
- Regulations that applied before the amendments still apply to decisions made through those regulations (funding, assistance, discipline, etc.); the old regulations apply to old decisions.
- Enables the Minister to create regulations related to the transition period between the implementation of the EMA as it was, to the amended EMA.
Broadening scope of types of insurance that the GOA may subrogate
- Expands the ability of the Minister, on behalf of the GOA, to enforce any right that an original creditor could have pursued against the principal debtor in relation to insurance payments related to the emergency.
Creation of Directives and Guidelines
- Requires the Minister to create or amend rules or requirements relating to the matter of funding in consideration of section 6(1). These rules do not appear to be tied to an act of Legislature.
Duty to Consult
- Allow the Minister to assume control of any powers of local authorities in respect of an emergency.
- The “duty to consult” as administered under this amendment is not extended to the local authorities. The Minister would not be required to consult the local authorities when putting an emergency plan into operation.
Association between declaring an emergency and funding
- Declaration of State of Local Emergency legislation is placed under the Disaster Relief Fund section of the EMA, which brings into consideration when and in what context an emergency is declared alongside the establishment or continuation of Disaster Relief Fund and Disaster Relief Committee.
Informing the public of details of the emergency response
- Inclusion of powers to prohibit travel, restore essential facilities and distribute essential supplies, coordinate emergency medical services, order evacuations, removal of livestock, and procure or fix prices of essential supplies within Alberta.
- Whenever the Minister exercises their powers as per the proposed amendments in the bill, they must inform the population of the affected area(s) and the public through appropriate and effective means.
- Enable the authorization and operation of an emergency plan, the acquisition of real or personal property, the authority to enter any building or land, the removal of natural barriers, and the authority to conscript qualified persons for the needs of the emergency.
In summary, some of the proposed amendments include changes that may benefit rural municipalities, particularly concerning local authority rights and freedoms as well as damage compensation and funding provision. However, the definitions for what constitutes an emergency are generally more limited and municipal consultation with the provincial government regarding the implementation of emergency plans is no longer required.
RMA is currently undertaking a more detailed analysis of Bill 49, and will share with members in the near future.
Ian Profiri
Policy & Research Analyst
825.319.2352
ian@rmalberta.com
Bezawit Lemma
Policy & Research Analyst
825.319.2280
bezawit@rmalberta.com
Wyatt Skovron
General Manager of Policy & Advocacy
780.955.4096
wyatt@rmalberta.com