Alberta Introduces Legislation to Update Municipal, Provincial Response to Emergencies

The Alberta Legislature in Edmonton in a file photo. (Achinthamb/Shutterstock)

The Alberta government is introducing legislative amendments it says will help it manage emergency scenarios including wildfire response.

The government said many current acts are not clear on when and how the province can assume authority over municipalities in cases of emergency. The government is proposing sweeping legislation to amend the Forest and Prairie Protection Act, Water Act, Emergencies Management Act, and the Elections Act, allowing it to change election dates to the fall from spring.

The province said it will only take over management of emergency situations when local resources are exhausted, mutual aid is not available, municipalities ask the province to step in, or local actions conflict with regional or provincial decisions.

“When an emergency strikes, we need to be able to pull together quickly,” Premier Danielle Smith said in a May 9 news release.

“We need to be sure that, no matter which region of the province is affected by an emergency, we are able to have an all-hands-on-deck approach. Emergencies will happen in the future, but we can be better prepared for them when they come and that’s what we’re proposing to do,” she said.

The premier noted recent emergencies, including the Slave Lake fire in May 2011, flooding in June 2013, the Fort McMurray wildfire in May 2016, and the 2023 wildfire season.

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“Each of these emergencies tested the limits of Alberta’s emergency response infrastructure,” she said.

Public Safety Minister Mike Ellis told reporters on May 9  that the government will still look to municipalities to lead in local emergencies.

“Alberta uses a decentralized emergency management system that begins with local authorities,” he said. “But sometimes in very extreme circumstances, the government must act to provide more direct support.”

The province would only assume control “where there is an obvious need for additional provincial oversight and support,” he said.

Some Alberta municipal leaders were already concerned by the government’s passing of legislation that gives it more authority over municipalities. On April 25, Bill 20 was introduced, which was called a “power grab” by Tyler Gandam, mayor of Wetaskiwin and president of Alberta Municipalities.

Mr. Gandham said that the legislation sets a “dangerous precedent” by giving the province authority to require city councils to take “any action” necessary for public safety and health.

Asked whether her government consulted with municipalities before proposing the changes, Premier Smith said, “There’s lots of ways to consult. We do formal consultations in some cases, we do public consultations.”

Consultation can include meeting with stakeholders and meeting “one-on-one with people who come into our office. We listen to the public, we get letters, we get emails. Sometimes things are so obvious that you have to act. And that is what I would say in this case.”

Forest and Prairie Protection Act Amendments

Wildfires are a major concern for Alberta, and changes to the Forest and Prairie Protection Act would give the province authority to manage wildfire emergency response efforts on all provincial lands, including Metis settlements.

Changes to the act will also require municipalities to share critical information with the provincial government on emergency situations and responses and allow the government to build fireguards and remove buildings or structures in emergency situations to suppress wildfires.

The province says it will still work and support municipalities with wildfire response through mutual aid agreements.

“Large, complex wildfires have become increasingly common in Alberta in recent years, and these events demand effective co-ordination between jurisdictions,” Forestry and Parks Minister Todd Loewen said in the government news release.

Alberta Wildfire Update

The legislation was introduced the same day the province updated the public about the current wildfire situation. There are 40 wildfires burning in the province, Alberta information officer Christie Tucker said during a May 9 press conference, Three are being held, and the other 37 are under control.

There have been 280 wildfires this year, and the situation could worsen, Ms. Tucker said.

“This is the point of the season where conditions are about to change,” she told reporters. “With temperatures rising rapidly over the next couple of days, we’re about to see a spike in wildfire danger in those areas of the province that haven’t had as much rain.”

Ms. Tucker said about 67 percent of wildfires in the province are man-made.

“At this time of year, that number is even higher. So far, 199 wildfires were determined to be human-caused this year.”

Water Act Amendments

The government said it may need to use its authority over water use by residents to properly respond to emergencies. The legislation would allow a water emergency to be declared in a municipality, with cabinet determining water use and water licence holders told to reduce or stop diverting water.

The government could also override the 10 percent holdback provision in temporary water transfers. Water emergency provisions declared by the cabinet would take priority over any water licence terms and conditions.

Changes made to the Water Act would only apply if the Lieutenant Governor in Council declared an emergency in a geographic area.

Election Act

Premier Smith’s government is also considering changing provincial election dates from May to October to prevent an election from being held in the middle of a wildfire, as happened in 2023.

“It was bizarre for ministers and other candidates to have to go through these motions when so much of Alberta was burning, and so many Albertans were out of their homes,” the premier said.

“Albertans need their government’s undivided attention during an emergency,” she said.

The government said the change also requires amending other provincial acts, including the Alberta Senate Election Act and the Election Finances and Contributions Disclosure Act.

“With natural disasters like wildfires, drought, and floods more likely to occur in the spring and summer months, moving Alberta’s election date from May to October just makes sense,” Justice Minister Mickey Amery said. “The change would also bring Alberta in line with other jurisdictions that already hold provincial elections in the fall.”

Tara MacIsaac contributed to this report.