VJ/ J O / B O AO ; it Z70 U4 see 2670 BC REGION L.R.T. 0003/005 Lower Nicola Indian Band Bylaw No. 13 A bylaw o f the Lower Nicola Indian Band to provide for the establishment and operation of an Emergency Program enacted pursuant to section 8. i(lXa) of die Indian A ct WHEREAS the Lower Nicola Indian Band o f B.C., Canada has determined the need to astghliafr and maintain an Emergency Planning and response organization; NOW THEREFORE the Council of the Lower Nicola Indian Band enacts as follows; I In this bylaw, unless the context otherwise requires; a. "Lower Nicola Indian Band" shall mean reserves as defined under the Indian A ct as amended, and includes the following: Nicola Mameet Indian Reserve Number 1. Joeyaska Indian Reserve Number 2, Hamilton Creek Indian Reserve Number 7, Pipseul Indian Reserve Number 3, Logan's Indian Reserve Number 6, Zoht Indian Reserves Number's 4, S, and 14, and Speous Indian Reserve Number 8 of the Band. b. “Emergency Response Coordinator” means die person appointed by the Chief and Council for the purpose of responding to emergencies. c. "Disaster" means a calamity caused by accident by an act of war or insurrection or by forces o f nature, that has resulted or may result in serious harm to the safety, health or welfare of people, or in widespread damage to property. d. "Emergency" means a present or imminent event that requires prompt coordination or special regulation of persons or property to protect the health, safety or welfare of people or to limit damage to property. e. “Emergency Plan Coordinator" shall mean the person appointed by the Chief and Council of the Lower Nicola Indian Band. COMMITTEE 2. There shall be established an Emergency Planning Committee consisting o f all department heads who shall also fonction as the Emergency Response Team. FUNCTIONS 3. The Emergency Planning Committee shall be responsible fo r a. exercise o f overall responsibility o f planning and coordinating o f emergency measures of the Lower Nicola Indian Band; b. submission to the Chief and Council of estimates of expenditures for the maintenance and operation of the Emergency Plan; LNIB Community Emergency Plan Bylaw 1
01/23/98 IS: 22 0604 666 2670 BC REGION L.R.T. @004/005 FUNCTIONS. continued 3. c. submission to the Chief and Council it least once per year o f progress report o f activities; d. submission to the Chief and Council for approval o f a Band emergency plan. APPOINTMENTS AND DUTIES 4. The Lower Nicola Indian Band hereby appoints the Executive Director as Emergency Response Coordinator. The Emergency Response Coordinator shall ensure the adequate coordinated response is carried out by assuming control of die Emergency Operations Center and its staffing during die declared emergency. 3. The Lower Nicola Indian Band hereby appoints die Fire Chief o f the Lower Nicola Indian Band as the Emergency Plan Coordinator and in his/her absence, the Assistant Fire Chief o f the Lower Nicola Indian Band is hereby appointed and shall act as die Emergency n a n Coordinator. 6. The Emergency Plan Coordinator shall have the following duties and responsibilities: a. acts as Chairperson o f the Emergency Operations Control Group established under this bylaw; b. initiates and coordinates the development of an emergency plan for die Lower N icola Indian Band in cooperation-operation with all government agencies, municipal government departments and volunteer organizations within the Lower Nicola Indian Band; c. provides emergency plans from guidelines laid down by the Emergency Operations Control group; d. submits regular reports to the Emergency Plan Executive Board to keep them folly informed o f progress; e. correlates all activities of those persons and/or organizations involved within the Lower Nicola Band and designated for Emergency Operations; f. ensures that a continuos program of training for local Emergency Operations Control Group personnel is carried out, either by local training classes or attendance at provincial or federal training schools; g. cooperates with die Mutual Aid areas and the Provincial Emergency Program on all matters pertaining to the planning and operation; h. submits a projected budget to cover costs of emergency operations within the Lower Nicola Indian Band; i. acts as advisor to the Coordinator and to the Regional and Municipal governments during emergencies and disasters. 7. Each department or voluntary organizations within the Lower Nicola Indian Band shall be responsible to develop and execute the emergency plan o f the service be or she represents, train employees and volunteers and make a comprehensive study of existing resources. LN1B Community Emergency Plan Bylaw 2
Ü 1 / Z 3 / U 5 15 : 23 ■0*504 556 2670 BC REGION L.R.T. @ 005 /005 8. In the case of an emergency, the Emergency Plan Coordinator shall determine the jurisdiction or jurisdictions within which die Emergency exists or has occurred. 9. In the case of an emergency, die Lower Nicola Indian Band, shall have the primaiy responsibility for response to the emergency occurring within their jurisdictions together with associated costs, including the recovery o f said costs from die Provincial and/or Federal emergency funding resources. 10. The Chief and Council o f the Lower Nicola Indian Band and the Emergency Coordinator are hereby authorized to declare a state of local emergency on die Lower Nicola Indian Band lands under this bylaw. 11. On making o f the declaration and for the duration of the state o f local emergency, die Emergency Response Coordinator may do all acts and take ail necessary proceedings including the following: a. put into operation an emergency plan or program, in accordance with the provisions of this bylaw; b. request die use of any real personal property considered necessary to prevent, combat, or alleviate the effects of an emergency or disaster; c. authorize or require any qualified person to render aid o f a type he/she is qualified to provide; d. control or prohibit travel to or from any area of the Lower Nicola Indian Band; e. provide for the restoration of essential facilities and the distribution of essential supplies and provide, maintain and coordinate-ordinate emergency medical, welfare, and other essential services in any part of the Lower Nicola Indian Band lands; f. authorize the recruitment of persons needed to meet an emergency; g. authorize expenditures relative to subsections 1.1 .a to 1.1 .g. 12. The Chief and Council may, from time to time, appropriate and expend moneys required to meet the ordinaxy operating expenses o f the Emergency Plan, within the boundaries of the Lower Nicola Indian Band. 13. This Bylaw shall come into force and take effect on the day of the final passing thereof 14. This Bylaw may be cited as “Lower Nicola Indian Band Emergency Plan Program". I hereby certify the foregoing to be an original and correct copy o f Bylaw No. 13 cited as “Lower Nicola Indian Band Emergency Plan Bylaw No. 13, as duly passed by a quorum o f the Chief and Council o f the Lower Nicola Indian Band on the 19* day of January, 1998. 3
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