Alberta Record

· Order in Council / Proclamation of Public Safety and Emergency Services Statutes Amendment Act, 2025 · enacted

Oic 2025 151 public safety emergency services act proclamation

This Order in Council proclaims section 4 of the Public Safety and Emergency Services Statutes Amendment Act, 2025, into force on September 1, 2025, bringing new statutory provisions into effect.

High impactCentralization of powerInstitutional independenceLocal autonomyThe public, directlyLegislatureMunicipalities

What changed

  • The Lieutenant Governor in Council issued a Proclamation bringing section 4 of the Public Safety and Emergency Services Statutes Amendment Act, 2025, into force.
  • The effective date for section 4 of the Act is set for September 1, 2025.
  • Section 2(1) of the Government Emergency Management Regulation is amended to add clause (m), which defines a 'co-ordinating agency' role for reviewing government emergency preparedness and response, acting at the direction of the Minister.
  • A new Section 6 is added, stipulating that the Government Emergency Management Regulation will expire on May 31, 2030, to ensure its review for ongoing relevancy and necessity.
  • Section 1, clauses (f) and (h), are amended by repealing subclause (iii) and adjusting conjunctions.
  • Local authorities are now mandated to include a mitigation strategy for identified hazards and risks in their emergency plans.
  • Local authorities are now mandated to include a plan for the evacuation of persons, including routes, destinations, and communication means, in their emergency plans.
  • Existing local authority emergency plans must be updated to include these new mandatory elements within two years of the regulation's coming into force.
  • Specific references to "of the Alberta Emergency Management Agency" are removed from sections 3(2)(e), 3(3), 8(1), 10(1), 11(1), 12(1), and 13(1) of the regulation.
  • The Local Authority Emergency Management Regulation is set to expire on May 31, 2030, requiring a review for its ongoing relevancy and necessity.
  • Amends the Procedures Regulation (AR 63/2017) by adding the Scrap Metal Dealers and Recyclers Identification Act to the list of Acts for which specified penalties apply.
  • Establishes a new Part 24.1 in the Schedule of the Procedures Regulation, detailing specified penalties for contraventions of specific provisions of the Scrap Metal Dealers and Recyclers Identification Act.
  • Sets specified penalties ranging from $250 to $1000 for contraventions of sections 3(1), 3(1.1), 3(2), 3(5), 3(6), and 3.1 of the Scrap Metal Dealers and Recyclers Identification Act.
  • The Procedures Amendment Regulation comes into force 30 days after the coming into force of section 4 of the Public Safety and Emergency Services Statutes Amendment Act, 2025.

Why it matters

  • The proclamation of a section of an Act introduces new statutory provisions, altering the legal framework governing public safety and emergency services.
  • The specific changes introduced by section 4 of the Act will take effect on the designated date, impacting relevant government operations and public interactions.
  • Centralizes the authority for reviewing government emergency preparedness and response under the direct guidance of the Minister, potentially reducing the autonomy of other departments in such evaluations.
  • Introduces a sunset clause for the entire regulation, mandating a future review and potential re-enactment by May 31, 2030, which impacts the long-term stability and governance of emergency management frameworks.
  • Shifts the locus of control for post-emergency evaluations to a ministerially directed entity, potentially influencing the scope and findings of such reviews.
  • These amendments standardize and elevate the minimum requirements for emergency preparedness across all local authorities in Alberta.
  • The introduction of mandatory mitigation and evacuation plans aims to enhance public safety and response capabilities during emergencies.
  • The removal of explicit references to the Alberta Emergency Management Agency from several sections may alter the perceived or formal institutional relationship between local authorities and the agency within the regulation's framework.
  • The expiry clause ensures that the regulatory framework for local emergency management will undergo a mandatory review within five years, allowing for adaptation to evolving needs.
  • Expands the scope of the Provincial Offences Procedure Act to include offences under the Scrap Metal Dealers and Recyclers Identification Act, standardizing enforcement.
  • Introduces new, defined financial consequences for individuals and businesses operating as scrap metal dealers and recyclers in Alberta.
  • Centralizes the determination of penalties for these specific contraventions, reducing discretion at the point of enforcement for these offences.
  • Provides clarity regarding the financial liabilities associated with non-compliance with key provisions of the Scrap Metal Dealers and Recyclers Identification Act.

Rights affected

  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Introduction of new statutory provisions affecting public safety and emergency services.
  • Potential redefinition of roles or responsibilities within the public safety framework.
  • Potential for ministerial influence over the review and evaluation of emergency responses.
  • Reduced long-term regulatory certainty for emergency management due to the expiry clause.
  • Shifts the coordination of emergency response reviews to a ministerially directed agency.
  • Increased administrative and financial burden on local authorities to comply with new mandatory planning requirements.
  • Potential for reduced clarity regarding the specific operational oversight or advisory role of the Alberta Emergency Management Agency as explicitly defined in the regulation.
  • Due process and fair notice
  • Economic impact on regulated entities

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