Bill 238, Emergency Management Modernization Act, 2024: Proposed amendments to the Emergency Management and Civil Protection Act

Emergency Management and Civil Protection Act Amendments

With the increasingly complex emergency management landscape caused by risks like extreme weather events, wildland fires and cyber-attacks, it is more important than ever to ensure that Ontario is safe, practiced and prepared. The government is introducing legislation to modernize the Emergency Management and Civil Protection Act (EMCPA) that, if passed, would strengthen provincial emergency management coordination and leadership and support enhanced community emergency management capacity.

Emergency Management Ontario (EMO) engaged with more than 480 partners and stakeholders over Summer 2024 through 14 in-person and 31 virtual engagements and received 90 written submissions on a publicly posted discussion guide.

The proposed amendments would strengthen provincial leadership and coordination of emergency management by:

• Ensuring a unified understanding of emergency management across Ontario.
• Facilitating the coordination of provincial emergency management activities through Emergency Management Ontario as the one window for emergency management coordination, under the leadership of the Minister and direction of the Commissioner of Emergency Management.
• Identifying Ontario Corps – which includes personnel, services, equipment, materials and facilities that the province can coordinate for deployment and use to help communities – as a key provincial emergency management function.
• Enhancing clarity and accountability in provincial emergency management programs.

In addition, the proposed amendments would support enhanced community emergency management capacity by:

• Supporting municipalities by enabling flexibility for municipal emergency management programs based on needs and capacity.
• Enhancing clarity and accountability in emergency management by clarifying processes for municipal declarations of emergency and requests for assistance.
• Recognizing and strengthening coordination with emergency management partners. 

The proposed amendments to the EMCPA will be posted online for public feedback and will be available for 45 days, until January 23, 2025.

Regulatory Impact Analysis

If passed, a phased approach to implement the proposed amendments is planned to support the transition to new requirements and engage partners on the development of supporting regulations.

There are small, anticipated impacts to regulated entities, specifically municipalities, associated with implementation of the proposed legislative amendments, if passed, in the areas of: learning about the proposed amendments; potentially responding to requests for information regarding their emergency management program or plan; and reporting during and following a municipal declaration of emergency.

The impact from future potential regulation changes may be offset through burden reduction opportunities for municipalities to collaborate on emergency management program requirements, potential increased flexibility in meeting annual requirements subject to criteria, and cost avoidance measures.

If the Emergency Management Modernization Act, 2024 is passed, EMO proposes to engage partners on the development of supporting regulations. Where additional requirements for regulated entities are being considered, further engagements will help assess the regulatory impact and the support needed to meet any new requirements.