Alberta Record

· Order in Council / Disaster Recovery Amendment Regulation · in-force

Disaster Recovery Regulation Amendments

This Order in Council enacts the Disaster Recovery Amendment Regulation, revising the framework for disaster recovery assistance by introducing new definitions, adopting Ministerial Directives, and delegating authority to the Managing Direc

Moderate impactCentralization of powerInstitutional independenceMunicipalitiesThe public, directly

What changed

  • Repeals and substitutes sections 1, 2, and 4-8 of the Disaster Recovery Regulation (AR 51/94), revising the governance and administration of disaster assistance.
  • Introduces new definitions for terms including "adequate and available" insurance, "Directives," "Executive Director," and "Managing Director."
  • Adopts the "Alberta Disaster Assistance Directives" established by the Minister under section 7.01 of the Act, integrating them into the Regulation.
  • Delegates authority to the Managing Director to annually determine "adequate and available" insurance for natural hazards and to administer financial assistance programs, including establishing rate schedules.
  • Delegates authority to the Executive Director to provide financial or other assistance to eligible public and private sector applicants as per the Directives.
  • Establishes new review processes for decisions, including reconsideration of Minister's program approval decisions by local authorities and review of Executive Director's eligibility and assistance decisions by the Managing Director for private sector applicants.

Why it matters

  • Centralizes key policy details within Ministerial Directives, which are adopted into the Regulation but remain external documents, potentially impacting transparency and public scrutiny compared to direct inclusion in the Regulation.
  • Shifts administrative and decision-making authority for disaster assistance programs from the Minister to the Managing Director and Executive Director of the Alberta Emergency Management Agency.
  • Expands the Managing Director's discretion to annually define "adequate and available" insurance, directly impacting eligibility criteria for public financial assistance.
  • Formalizes and clarifies application and review processes for local authorities seeking program approval and private sector applicants seeking financial assistance, potentially improving procedural clarity.
  • The adoption of Ministerial Directives into the Regulation allows changes to these Directives to alter the regulatory framework for disaster assistance without requiring a new Order in Council.

Rights affected

  • Access to information — The ability to see public records and government decisions.

Other governance concerns

  • Delegation of significant discretionary authority to unelected officials (Managing Director, Executive Director).
  • Reliance on external Ministerial Directives for key program criteria and definitions, potentially reducing transparency and public input.
  • Impact on local authorities' ability to secure disaster assistance programs.
  • Potential for annual changes to insurance "adequacy and availability" criteria to affect public eligibility without direct regulatory amendment.

Primary sources (1)