The Alberta government has introduced legislation that would move the fixed election date in the province from May to October, citing spring natural disasters as the reason for the change.
Bill 21 — the Emergency Statutes Amendment Act 2024 — was introduced in the Alberta legislature on Thursday afternoon. Apart from changing the election date, it also proposes changes to a number of emergency-related policies, that would allow the province to assume control of a local emergency response.
The changes are needed so the province can better respond to emergencies, according to the government.
Changes to Emergency Management Act
Changes to this act would allow the provincial government to assume control of some or all of a local emergency response. While the province said municipalities are critical in an emergency, their resources are often more limited than those available to the provincial government.
The government said it would take over local response efforts only in extreme circumstances, including when local resources are exhausted, mutual aid is unavailable or local authorities ask for help.
Proposed changes would also require local officials to provide more information to the province during a local state of emergency. Things that would need to be communicated to the provincial government include the nature of an emergency, the powers the local authorities intend to use during the emergency and the status of evacuation orders or alerts.
“These amendments underscore the government’s commitment to protecting lives and ensuring a swift and effective response to emergencies,” Minister of Public Safety and Emergency Services Mike Ellis said.
“By providing clearer mechanisms for government intervention and enhancing co-ordination efforts, we’re strengthening our ability to keep Albertans and communities safe during times of crisis.”
Under the legislation, a municipality would not have to agree to the province taking control during an emergency. The province would also step in if the local decisions are at cross purposes of provincial authorities.
“Emergencies, public safety are provincial responsibility, full stop,” said Premier Danielle Smith at a news conference on Thursday. “In the midst of an emergency, the last thing Albertans need is a government distracted by external processes including cabinet selection, transition and briefing up.”
Changing fixed election date
In Alberta, flood, drought and wildfire-related emergencies are most likely to happen in May and June. The province pointed to the 2011 Slave Lake wildfire, which happened in May, the Calgary floods in 2013, which happened in June, and the 2016 Fort McMurray wildfire, which happened in May.
Last year’s record-setting wildfire season also took place in May, at the same time a provincial election campaign was underway.
Bill 21 would change the fixed election date in Alberta from the last Monday in May to the third Monday in October, as a way to decrease the likelihood of a provincial election coinciding with a natural disaster.
If passed, the next provincial election date would be moved from May 31, 2027 to Oct. 18, 2027.
Justice Minister Mickey Amery said the change “just makes sense.”
“The change would also bring Alberta in line with other jurisdictions that already hold provincial elections in the fall,” Amery said.
Changes to Forest and Prairie Protection Act
Proposed changes to this act include enhancing the authority the province has to conduct and direct emergency wildfire response on all provincial lands, both in and outside of the Forest Protection Area and Métis Settlements.
This includes taking over firefighting efforts on wildfires on any provincial land, including Métis Settlements.
Municipalities would be required to report critical information to the province, and clarifications would be made to Alberta’s authority to construct fireguards and allow the removal of buildings in emergency situations.
The legislation would allow the province to step in and lead response efforts when a large or multi-jurisdictional wildfire occurs, the province added.
“Large, complex wildfires have become increasingly common in Alberta in recent years, and these events demand effective co-ordination between jurisdictions,” Minister of Forestry and Parks Todd Loewen said.
“The proposed amendments will ensure a robust response during wildfire emergencies by enabling Alberta’s government to actively support local authorities when additional provincial aid is needed or intervene if absolutely necessary.”
Changes to the Water Act
The province said changes to this act would strengthen its ability to respond to emergencies like drought or flood.
If a water-related emergency is declared, the province would be able to determine the priority of water use in the area under emergency. The province could direct water licence holders to change how, when or if they divert water use.
The change would also allow for the temporary transfer of water between water basins.
The proposed bill is getting mixed reaction.
“We’ve always looked at disasters, which is really the worst thing to happen to a community, as a partnership,” said Paul McLauchlin, the president of the Rural Municipalities of Alberta (RMA). “So this language and how this legislation is being put forward looks like a top-down approach and we’ve always been concerned that this government is starting to become more centralized, more big-government approach to solving problems, which is the opposite of what we thought this government would be.”
“One of the questions we keep asking: is what problem are you trying to fix?” McLauchlin continued. “What we learned last summer was that those local heroes really helped keep us safe. It seems like it gives more authority to the provincial government and I’m not sure who was asking for it.”
Tyler Gandam, Alberta Municipalities president, said he would have liked to have seen the province consult with municipalities on the issues.
“This again comes back to another bill that’s introduced without consulting Alberta’s municipalities or stakeholders and who it’s going to affect the most,” Gandam said. “I’d like to say more consultation, but at this point, any consultation with the provincial government as they start to roll out these bills.”
Gandam said while he hasn’t had the chance to read through the legislation, he believe the proposed bill would impact municipal police and fire departments, and therefore consultation is necessary.
“If we had the opportunity to talk to them before they tabled the legislation or before the amendments were made, it makes life a whole lot easier and we’re able to have that dialogue back and forth,” Gandam continued.
“This is part of an ongoing pattern here where we have a government that is giving itself more and more authority, which they’ve tried to do around emergencies in the past,” said NDP opposition leader Rachel Notley. “It seems to be an opportunity where they exploit crisis in order to accrue power, and to undermine democracy and also transparency.
“We’re certainly not keen on that, if that’s what we see, ultimately, in the bill.”
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