States of Local Emergency

With the COVID-19 pandemic, new phrases have been creeping into everyday conversations. A few months ago many of us had never heard the terms “social distancing” or “flatten the curve”, but now they are everywhere.

One of these phrases is “state of local emergency”. Municipalities have the power to declare a state of local emergency, and many have done so, including Calgary, Red Deer and Chestermere. But what does this really mean?

Declaring a state of local emergency is the biggest hammer a municipality has in its tool kit. A state of local emergency is declared under the Emergency Management Act.

Once a municipality has made a declaration, its powers are surprisingly broad. In addition to activating its own emergency management plans, here are just a few of the powers which are available to a municipality:

• acquire land and personal property without paying at the time;

• limit travel;

• enter and access any buildings;

• fix the price of essential supplies; and

• conscripting people to help.

Of course, the bills will eventually come due for all of these steps (and there are arbitration provisions to deal with disagreements about costs). Municipalities can borrow money to deal with emergencies, and have a bit more flexibility than with other borrowing.

The extreme nature of these powers underscores the severity of the situation that we are all now facing. We at Caron & Partners are still available and are ready to help you during these difficult times, and we hope that you are taking care and staying safe and healthy.