Saskatchewan Public Safety Agency Act, 2019, S-32.4
This Act continues the Saskatchewan Public Safety Agency, sets out its purpose, powers, governance, financing, transfers, transitional rules, and when the Act starts.
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Saskatchewan Public Safety Agency Act, 2019, S-32.4
AI-assisted research summary: This Act continues the Saskatchewan Public Safety Agency, sets out its purpose, powers, governance, financing, transfers, transitional rules, and when the Act starts.
1 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 The Saskatchewan Public Safety Agency Act, 2019 being Chapter S‑32.4 of the Statutes of Saskatchewan, 2019 (Consult Table of Public Statutes for coming into force dates). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY Table of Contents PART 1 4‑3 Fiscal year Preliminary Matters 4‑4 Revenue 1‑1 Short title 4‑5 Audit 1-2 Definitions 4‑6 Annual report PART 2 4‑7 Limitation of actions The Saskatchewan Public Safety Agency PART 5 Transfers to and from SPSA 2‑1 SPSA continued 2‑2 Membership 5‑1 Transfers to and from SPSA 2‑3 Purpose of SPSA PART 6 2‑4 Powers of SPSA Regulations 2‑5 Agent of Crown 6‑1 Regulations 2-6 Head office PART 7 2‑7 Responsible to minister Transitional 2‑8 Supplies and services 7‑1 Transitional re members and President 2‑9 Capacity to contract 7‑2 Transitional re other matters 2‑10 Liability in tort 7‑3 Transitional re former Acts PART 3 PART 8 Board, Officers and Employees Consequential Amendments 3‑1 Board established 8‑1 SS 1996, c E‑7.3 amended 3-2 Officers 8‑2 SS 1989‑90, c E‑8.1 3‑3 Remuneration and reimbursement 8‑3 SS 2015, c F‑15.11 amended 3‑4 Board powers 8‑4 SS 2014, c W‑13.01 3-5 President and other officers and employees PART 9 3-6 Superannuation and benefits Coming into force PART 4 9‑1 Coming into force Financial Matters 4‑1 Temporary borrowing 4‑2 Investments 3 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 Chapter S-32.4 An Act respecting the Saskatchewan Public Safety Agency PART 1 Preliminary Matters Short title 1-1 This Act may be cited as The Saskatchewan Public Safety Agency Act. Definitions 1-2 In this Act: “board” means the board of directors of SPSA; “chairperson” means the chairperson of the board; “Crown” means the Crown in right of Saskatchewan; “emergency” means a present or imminent situation or condition that may or does require prompt action to prevent or limit: (a) the loss of life; (b) harm or damage to the safety, health or welfare of people; or (c) damage to property or the environment; and includes any other prescribed circumstances, situation or condition; “emergency management” means to plan respecting, prepare for, mitigate against, respond to and recover from an emergency; “fiscal year” means the fiscal year of SPSA; “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “prescribed” means prescribed in the regulations; “public safety Act or regulation” means: (a) The Emergency 911 System Act; (b) The Emergency Planning Act; (c) The Fire Safety Act; (d) The Wildfire Act; (e) any prescribed Act or prescribed part of any Act relating to emergency management; or (f) any prescribed regulation or prescribed part of any regulation made pursuant to an Act mentioned in clauses (a) to (e); 4 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY “public safety service provider” means: (a) a police service or regional police service as defined in The Police Act, 1990; (b) the Royal Canadian Mounted Police; (c) a fire department as defined in The Fire Safety Act; (d) an ambulance service; (e) a ministry, agency or Crown corporation of the Government of Saskatchewan that provides public safety services; (f) any other prescribed person, organization or agency; “SPSA” means the Saskatchewan Public Safety Agency continued pursuant to section 2‑1; “volunteer” means a person who is performing duties pursuant to this Act or a public safety Act or regulation under the direction of SPSA; “wildfire management” means wildfire management as definied in The Wildfire Act. 2019, c S‑32.4, s 1‑1. PART 2 The Saskatchewan Public Safety Agency SPSA continued 2-1(1) The Saskatchewan Public Safety Agency is continued. (2) SPSA is a Treasury Board Crown corporation within the meaning of The Crown Corporation Act, 1993. (3) SPSA is the abbreviated form of the name of the corporation and the abbreviation when used has the same legal effect and meaning as the full name of the agency. 2019, c S‑32.4, s 2‑1. Membership 2-2 SPSA consists of the persons appointed as directors pursuant to section 3‑1. 2019, c S‑32.4, s 2‑2. Purpose of SPSA 2-3(1) The purpose of SPSA is to provide or support public safety services for and with the people, municipalities, Indigenous peoples, public safety service providers and the Government of Saskatchewan. (2) To achieve its purpose, SPSA may do the following: (a) administer and enforce a public safety Act or regulation; 5 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (b) provide support services to public safety service providers and any other persons, agencies or bodies engaged in public safety matters; (c) provide for the development, implementation, delivery and operation of emergency management and wildfire management services; (d) plan, manage, deliver, coordinate and prioritize emergency management and wildfire management services as needed, including information technology, programs, services, infrastructure and support services; (e) identify and advise on issues, opportunities and planning options relating to emergencies, emergency management, wildfire management and other public safety services; (f) work with the Government of Canada, the government of any other province or territory of Canada, municipalities, Indigenous peoples, industry, the government of any other country or any jurisdiction within that country, and any other persons involved or associated with the objects and purpose of SPSA; (g) promote, undertake and coordinate research, data collection, investigations, surveys, studies, programs and activities relating to emergencies, disasters, emergency management and wildfire management services in Saskatchewan; (h) keep or cause to be kept records of all emergencies to which a public safety service provider in Saskatchewan responded, including the cause, origin and circumstances of each emergency and other information respecting each response that SPSA considers appropriate; (i) acquire, develop, manage or otherwise improve assets and infrastructure as required to deliver emergency management and wildfire management services. 2019, c S‑32.4, s 2‑3. Powers of SPSA 2-4(1) In fulfilling its purpose and in addition to any powers it may have pursuant to any public safety Act or regulation, SPSA may do the following: (a) subject to subsection (2), acquire by purchase, lease or otherwise, any property that the corporation considers necessary for its efficient operation; (b) subject to subsection (3), sell, lease or otherwise dispose of any of the corporation’s property in any manner that the corporation considers appropriate; (c) raise other revenues in a prescribed manner; (d) subject to subsection (4), provide grants for any purpose in connection with this Act, a public safety Act or regulation or respecting any matter for which SPSA is responsible; (e) establish any program or undertaking that SPSA considers will be conducive to the exercise of its powers or the performance of its responsibilities; 6 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY (f) collect and disseminate information respecting emergencies, emergency management and wildfire management in Saskatchewan; (g) manage, insure, maintain, repair, alter or improve any of its property; (h) accept grants, payments, subscriptions, donations, gifts and bequests, whether of real or personal property from any person, including funds appropriated by the Legislature or by the Parliament of Canada, for any purpose related to the fulfilment of SPSA’s objects and purpose; (i) provide training and training exercise programs; (j) obtain the voluntary assistance of persons as volunteers; (k) provide support to volunteers and provide direction to volunteers that is to be complied with by the volunteers; (l) exercise any powers necessary, incidental or conducive to the efficient performance and fulfilment of the objects and purpose of SPSA; (m) subject to the regulations: (i) set and charge fees, rates and other charges for any emergency management or wildfire management services as it considers appropriate to fulfil the objects and purpose of SPSA; (ii) administer contributions towards capital costs, loans, grants, advances and subsidies to fulfil the objects and purpose of SPSA; (iii) erect, construct, alter or equip buildings, structures or other improvements that may be conducive to fulfilling the objects and purpose of SPSA; (iv) enter into agreements or arrangements with any person related to the fulfilment of SPSA’s objects and purpose; (v) enter into and participate in business structures, including partnerships and joint undertakings, to further the objects and purpose of SPSA; (vi) develop, service or otherwise improve lands as required to fulfil the objects and purpose of SPSA; (vii) establish one or more advisory committees for any purpose in connection with this Act, set out the powers and duties of those committees and appoint any persons to those committees; and (viii) carry on its activities inside or outside Saskatchewan; (n) carry out or engage in any other function or activity assigned to SPSA by the Lieutenant Governor in Council. 7 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (2) If the purchase price of real or personal property included in one transaction entered into by SPSA exceeds the prescribed amount, SPSA shall obtain the approval of the Lieutenant Governor in Council before purchasing, leasing or otherwise acquiring the real or personal property. (3) If the sale price of real or personal property included in one transaction entered into by SPSA exceeds the prescribed amount, SPSA shall obtain the approval of the Lieutenant Governor in Council before selling, leasing or otherwise disposing of the real or personal property. (4) SPSA shall obtain the approval of the Lieutenant Governor in Council before providing a grant to a person pursuant to clause (1)(d) if the total amount of the grant provided to that person in any fiscal year would be greater than $50,000. 2019, c S‑32.4, s 2‑4. Agent of Crown 2-5(1) SPSA is for all its purposes an agent of the Crown, and the corporation’s powers pursuant to this Act may be exercised only as an agent of the Crown. (2) All property of SPSA, all moneys acquired, administered, possessed or received from any source and all profits earned by SPSA are the property of the Crown and are, for all purposes, including taxation of whatever nature and description, deemed to be the property of the Crown. 2019, c S‑32.4, s 2‑5. Head office 2-6 The head office of the corporation is to be at any location in Saskatchewan set by the Lieutenant Governor in Council. 2019, c S‑32.4, s 2‑6. Responsible to minister 2-7(1) SPSA is responsible to the minister for the fulfilment of its purpose and the exercise of its powers pursuant to this Act. (2) The minister may give directions that must be followed by SPSA, the board or both in exercising their powers and fulfilling their duties and purposes pursuant to this Act and the regulations. 2019, c S‑32.4, s 2‑7. Supplies and services 2-8(1) The minister may provide SPSA with any supplies and with any services on a temporary basis of any employees under the minister’s administration that the minister considers to be required for SPSA to carry out its powers and duties. 8 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY (2) In an emergency or in anticipation of an emergency, any member of the Executive Council may provide SPSA with any supplies and with any services on a temporary basis of any employees under that member’s administration that the member considers to be required for SPSA to carry out its powers and duties. 2019, c S‑32.4, s 2‑8. Capacity to contract 2-9(1) SPSA has the capacity to contract and to sue and be sued in its corporate name with respect to any right or obligation acquired or incurred by it on behalf of the Crown as if the right or obligation had been acquired or incurred on its own behalf. (2) SPSA may, on behalf of the Crown, contract in its corporate name without specific reference to the Crown. 2019, c S‑32.4, s 2‑9. Liability in tort 2-10(1) SPSA may: (a) sue with respect to any tort; and (b) be sued with respect to liabilities in tort to the extent to which the Crown is subject pursuant to The Proceedings against the Crown Act. 2019, c S‑32.4, s 2‑10. PART 3 Board, Officers and Employees Board established 3-1(1) A board of directors, consisting of those persons who are appointed pursuant to subsection (2), shall manage the affairs and business of SPSA. (2) The board is to consist of not more than 7 directors appointed by the Lieutenant Governor in Council. (3) Subject to subsections (4) and (5), a person appointed pursuant to this section: (a) holds office at pleasure for a period not exceeding 3 years and, notwithstanding the expiry of the person’s term, continues to hold office until a successor is appointed; and (b) is eligible for reappointment. (4) If a member of the board dies or resigns, that person ceases to be a member on the date of death or on the date on which the resignation was received by the board, as the case may be. 9 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (5) If the office of a person appointed pursuant to this section becomes vacant, the Lieutenant Governor in Council may, having regard to the requirements of this section: (a) appoint a person for the remainder of the term of the person who vacated the office; or (b) appoint a person for the term mentioned in subsection (3). (6) A vacancy in the membership of the board does not impair the power of the remaining members or of the board to act. (7) Notwithstanding The Legislative Assembly Act, 2007, if a member of the Legislative Assembly is appointed as a member of the board, that person is not, by reason of the appointment or any payment to that member pursuant to section 3‑3, required to vacate that person’s seat or be disqualified from sitting or voting in the Legislative Assembly. 2019, c S‑32.4, s 3‑1. Officers 3-2(1) The Lieutenant Governor in Council shall appoint one of the directors as chairperson and may appoint another member of the board as vice‑chairperson of the board. (2) The chairperson shall: (a) preside over all meetings of the board; and (b) perform all the duties that may be imposed on, and may exercise all the powers that may be assigned to, the chairperson by resolution of the board. (3) In the absence of the chairperson, the vice‑chairperson may exercise the powers of the chairperson and shall perform the duties of the chairperson. 2019, c S‑32.4, s 3‑2. Remuneration and reimbursement 3-3 Members of the board are entitled to receive the following: (a) except in the case of a member of the Legislative Assembly or a member of the public service of Saskatchewan, remuneration at the rate set by the Lieutenant Governor in Council; (b) reimbursement of expenses at the rate set for members of the public service of Saskatchewan. 2019, c S‑32.4, s 3‑3. Board powers 3-4(1) Subject to this Act and the regulations, the board may make bylaws governing: (a) the business and affairs of SPSA; and (b) the calling of its meetings and the conduct of its business and of the business of committees of the board. 10 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY (2) The board may delegate, on terms and conditions the board considers advisable, to any director, to a committee of the board, to any officer or employee of SPSA or to any other person any of the board’s powers, duties and functions except the following: (a) the power to make bylaws; (b) the power to approve the audited financial statements of SPSA. (3) The board may: (a) appoint any committees that it considers necessary for the efficient conduct of the affairs and business of SPSA; (b) determine the duties of any committee it appoints; and (c) fix the allowances for expenses of members of any committee it appoints. 2019, c S‑32.4, s 3‑4. President and other officers and employees 3-5(1) Notwithstanding The Public Service Act, 1998, the Lieutenant Governor in Council shall appoint a President for SPSA and determine the President’s conditions of employment and remuneration: (2) Notwithstanding The Public Service Act, 1998, SPSA may: (a) employ any other officers and other employees that it considers necessary to fulfil its purpose or to exercise its powers; and (b) determine the respective duties and powers, conditions of employment and remuneration of the officers and employees employed pursuant to clause (a). (3) SPSA has control over and shall supervise its officers and employees. (4) SPSA shall pay to the President the remuneration determined pursuant to subsection (1) and to its other officers and employees the remuneration determined pursuant to clause (2)(b). (5) SPSA may: (a) appoint or engage any professional, administrative, technical, volunteer and clerical personnel that it may require to meet its objects and purpose or exercise its powers; and (b) determine the salaries and other remuneration of the personnel appointed or engaged pursuant to clause (a). (6) Notwithstanding any public safety Act or regulation, any employee or officer designated pursuant to any public safety Act or regulation shall be appointed by, report to, and take direction from, the President. 2019, c S‑32.4, s 3‑5. Superannuation and benefits 3-6(1) The Public Service Superannuation Act, The Superannuation (Supplementary Provisions) Act and The Public Employees Pension Plan Act apply, with any necessary modification, to the officers and employees of SPSA. 11 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (2) SPSA may establish or provide for the following for the benefit of the employees of the corporation and the dependants of those employees: (a) a group insurance program; (b) any other employee benefit program. 2019, c S‑32.4, s 3‑6. PART 4 Financial Matters Temporary borrowing 4-1(1) Subject to the approval of the Lieutenant Governor in Council, SPSA may borrow by way of temporary loans from any bank or credit union or from any person, any moneys, on any terms and conditions and for any purpose that SPSA may determine: (a) by way of bank overdraft or line of credit; or (b) in any other manner that SPSA may determine. (2) SPSA may execute any cheques, promissory notes or other instruments that may be necessary or desirable in connection with the borrowing of moneys and the obtaining of advances by way of temporary loans pursuant to subsection (1) in any manner that SPSA may determine. (3) The aggregate amount that may be borrowed pursuant to this section is not to exceed the aggregate sum of $3,000,000. 2019, c S‑32.4, s 4‑1. Investments 4-2 SPSA may: (a) invest any part of the capital or operating moneys of the corporation in any security or class of securities that is authorized for the investment of moneys in the general revenue fund pursuant to The Financial Administration Act, 1993; and (b) dispose of the investments in any manner, on any terms and in any amount that SPSA considers appropriate. 2019, c S‑32.4, s 4‑2. Fiscal year 4-3 The fiscal year of SPSA is the period commencing on April 1 in one year and ending on March 31 of the following year. 2019, c S‑32.4, s 4‑3. 12 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY Revenue 4-4 All revenues derived from the fees, rates and other charges imposed or collected pursuant to this Act or any public safety Act or regulation are to be paid to and are the property of SPSA, unless the Lieutenant Governor in Council directs that all or any of the revenue be paid to the general revenue fund. 2019, c S‑32.4, s 4‑4. Audit 4-5 The Provincial Auditor or any other auditor or firm of auditors that the Lieutenant Governor in Council may appoint shall audit the records, accounts and financial statements of SPSA: (a) annually; and (b) at any other times that the Lieutenant Governor in Council may require. 2019, c S‑32.4, s 4‑5. Annual report 4-6(1) In each fiscal year, SPSA shall, in accordance with section 13 of The Executive Government Administration Act, submit to the minister: (a) a report of SPSA on its business for the preceding fiscal year; and (b) a financial statement showing the business of SPSA for the preceding fiscal year, in any form that may be required by Treasury Board. (2) In accordance with section 13 of The Executive Government Administration Act, the minister shall lay before the Legislative Assembly each report and financial statement submitted pursuant to subsection (1). 2019, c S‑32.4, s 4‑6. Limitation of actions 4-7(1) No action or proceeding lies or shall be commenced against the Government of Saskatchewan, any member of the Executive Council, SPSA or any officer, employee, or agent of the Government of Saskatchewan or SPSA because of the enactment of this Act. (2) No action lies or shall be instituted against a volunteer, a volunteer organization or a public safety service provider by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them in carrying out or in the supposed carrying out of any responsibility, duty or power while: (a) providing emergency management or wildfire management assistance; and (b) acting at the request of SPSA. 2019, c S‑32.4, s 4‑7. 13 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 PART 5 Transfers to and from SPSA Transfers to and from SPSA 5-1(1) In this section: “Crown corporation” a Crown corporation as defined in The Crown Corporations Act, 1993; “Registrar” means the Registrar of Titles, appointed pursuant to section 6 of The Land Titles Act, 2000; (2) Notwithstanding any other Act or law or any provision of any contract: (a) the Lieutenant Governor in Council may, by order, subject to any terms and conditions that may be set out in the order, transfer or assign to, and vest in, SPSA: (i) any personal property, assets, liabilities, debts, interests, rights, obligations, and contracts of the Government of Saskatchewan, a Crown corporation or an agent of the Government of Saskatchewan; and (ii) any lands, interests in lands, mortgages, charges, encumbrances or other real property interests of the Government of Saskatchewan, a Crown corporation or an agent of the Government of Saskatchewan; (b) the chairperson of the Public Service Commission may, with the approval of SPSA, transfer any employees or class of employees in the public service, as defined in The Public Service Act, 1998, to and cause them to become employees of SPSA; and (c) the president, chief executive officer or other head of a Crown corporation or other agent of the Government of Saskatchewan may, by agreement with SPSA, transfer any employees or class of employees of the Crown corporation or agent of the Government of Saskatchewan to and cause them to become employees of SPSA. (3) Notwithstanding any other Act or law or any provision of any contract: (a) the Lieutenant Governor in Council may, by order, subject to any terms and conditions that may be set out in the order, transfer or assign to, and vest in, the Government of Saskatchewan, a Crown corporation or other agent of the Government of Saskatchewan: (i) any personal property, assets, liabilities, debts, interests, rights, obligations, and contracts of SPSA; and (ii) any lands, interests in lands, mortgages, charges, encumbrances or other real property interests of SPSA; 14 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY (b) the Lieutenant Governor in Council may, on the recommendation of the minister and the Minister Responsible for the Public Service Commission or the minister responsible for a Crown corporation or other agent of the Government of Saskatchewan, by order, transfer any employees or class of employees of SPSA to the Government of Saskatchewan, a Crown corporation or other agent of the Government of Saskatchewan, and cause them to become employees of the public service within the meaning of The Public Service Act, 1998, the Crown corporation or agent of the Government of Saskatchewan, as the case may be. (4) An order made pursuant to: (a) subclause (2)(a)(i) or (3)(a)(i) shall constitute for all purposes a legal and valid transfer or assignment of the personal property, assets, liabilities, debts, interests, rights, obligations and contracts in accordance with the terms of the order; and (b) subclause (2)(a)(ii) or (3)(a)(ii) shall constitute for all purposes a legal and valid transfer or assignment of the lands, interests in lands, mortgages, charges, encumbrances or other real property interests in accordance with the terms of the order. (5) An order made pursuant to subclause (2)(a)(ii) or (3)(a)(ii) shall: (a) direct the Registrar to execute any necessary registration to give effect to the order; and (b) be provided to the Registrar as soon as possible after the order is issued. (6) Any person who may have a right or claim in relation to anything that has been transferred or assigned pursuant to clause (2)(a) or (3)(a) may continue to assert that right or claim against the party to whom that thing was transferred or assigned. (7) No prohibition of any transfer or assignment, nor the absence of any consent or approval required for any transfer or assignment, voids or affects the validity of a transfer or assignment made pursuant to this section. (8) Any transfer or assignment made pursuant to this section is deemed not to be a breach or default under any lease, contract or other document. (9) Notwithstanding any Act, law or provision of a contract, a transfer of an employee pursuant to clause (2)(b), (2)(c) or (3)(b): (a) does not constitute the abolition or termination of any position or job; and (b) does not require any advance notice, including any notice that may be required pursuant to any Act, law or provision of a contract; and (c) does not constitute constructive dismissal of any person or a breach of contract. 2019, c S‑32.4, s 5‑1. 15 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 PART 6 Regulations Regulations 6-1 The Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or expression used in this Act but not defined in this Act; (b) for the purposes of clauses (e) and (f) of the definition of “public safety Act or regulation” in section 1‑2, prescribing any other Act or part of any other Act or any regulation or part of any regulation, as the case may be, that the SPSA is responsible for administering and enforcing; (c) for the purposes of clause (f) of the definition of “public safety service provider” in section 1‑2: (i) prescribing a person, organization, or agency as a public safety service provider; and (ii) authorizing the minister to designate any additional persons, organizations or agencies as public safety service providers; (d) prescribing any matter or thing that is authorized or required by this Act to be prescribed in the regulations; (e) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary to carry out the intent of this Act. 2019, c S‑32.4, s 6‑1. PART 7 Transitional Transitional re members and President 7-1 On the coming into force of this Act: (a) those persons who were members of SPSA or members of the board of SPSA on the day before the coming into force of this Act continue to be members or members of the board in accordance with the terms of their appointments; and (b) the person appointed as President of SPSA on the day before the coming into force of this Act continues to be President of SPSA. 2019, c S‑32.4, s 7‑1. Transitional re other matters 7-2(1) In this section, “public safety officer” means a public officer who is appointed or designated pursuant to a public safety Act or regulation and with respect to whom any powers or duties respecting public safety matters are granted or imposed and includes any prescribed public officer or class of public officers. 16 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY (2) Notwithstanding any other Act or law: (a) a reference respecting public safety matters in a public safety Act or regulation to a public safety officer is deemed to be a reference to a person appointed or designated by SPSA, and the person appointed or designated by SPSA may exercise the powers of, and shall fulfil the duties granted or imposed on the public safety officer pursuant to the public safety Act or regulation; (b) a reference respecting public safety matters in a public safety Act or regulation to a ministry or Crown corporation is deemed to be a reference to SPSA, and SPSA may exercise the powers of, and shall fulfil the duties imposed on, the ministry or Crown corporation pursuant to the public safety Act or regulation, respecting those public safety matters; (c) all powers or duties granted or imposed by a public safety Act or regulations respecting public safety matters to or on a ministry, Crown corporation or public safety officer are granted to or imposed on SPSA or a person appointed or designated by SPSA, as the case may be; (d) all applications, reports and returns respecting public safety matters that are required to be made to a minister, a ministry or Crown corporation or a public safety officer pursuant to a public safety Act or regulation, and all information and documentation that is required to be provided to a minister, a ministry or Crown corporation or a public safety officer pursuant to the public safety Act or regulation, shall be made or provided to SPSA or a person appointed or designated by SPSA, as the case may be; (e) every exemption, prohibition, notice, order, decision, requirement or direction issued by a minister, a ministry, a Crown corporation or a public safety officer pursuant to a public safety Act or regulation that is in place on the day before this Act comes into force remains in force and may be dealt with by SPSA pursuant to the public safety Act or regulation as if it had been issued by SPSA. (3) For the purposes of this section, the Lieutenant Governor in Council may make regulations prescribing persons and any provisions of a public safety Act or regulation to which this section will apply. 2019, c S‑32.4, s 7‑2. Transitional re former Acts 7-3(1) In this section, “former Acts” means the following Acts: (a) The Emergency 911 System Act as that Act existed on the day before the coming into force of this section; (b) The Emergency Planning Act as that Act existed on the day before the coming into force of this section; (c) The Fire Safety Act as that Act existed on the day before the coming into force of this section; and (d) The Wildfire Act as that Act existed on the day before the coming into force of this section. 17 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (2) Every order, declaration, approval and decision made pursuant to the former Acts continues in force as if made by SPSA pursuant to this Act and may be enforced and otherwise dealt with as if made pursuant to this Act. (3) All agreements, instruments and other documents that were filed pursuant to the former Acts are deemed to have been filed pursuant to this Act and may be dealt with pursuant to this Act as if filed pursuant to this Act. (4) The Lieutenant Governor in Council may make regulations respecting any matter or thing that the Lieutenant Governor in Council considers necessary to facilitate the transition from the former Acts to this Act, including: (a) suspending the application of any provision of this Act; and (b) declaring that provisions of any of the former Acts are to apply to persons or any class of persons and respecting the conditions on which provisions of the former Acts are to apply. (5) If there is any conflict between the regulations made pursuant to subsection (4) and any other provision of this Act or any other Act or law, the regulations made pursuant to this section prevail. 2019, c S‑32.4, s 7‑3. PART 8 Consequential Amendments SS 1996, c E-7.3 amended 8-1(1) The Emergency 911 System Act is amended in the manner set forth in this section. (2) Section 2 is amended: (a) by repealing clause (f.1); and (b) by adding the following clause after clause (l): “(m) ‘SPSA’ means the Saskatchewan Public Safety Agency”. (3) Clause 7(2)(a) is amended by striking out “the ministry” and substituting “SPSA”. (4) Subsection 7(3) is amended: (a) in the portion preceding clause (a) by striking out “the ministry” and substituting “SPSA”; (b) in clause (a) by striking out “the ministry’s” and substituting “SPSA’s”; (c) in clause (b) by striking out “the ministry’s” and substituting “SPSA’s”. 2019, c S‑32.4, s 8‑1. 18 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY SS 1989-90, c E-8.1 8-2(1) The Emergency Planning Act is amended in the manner set forth in this section. (2) Section 2 is amended: (a) by repealing clause (a.2): (b) in clause (n) by striking out “the department” and substituting “SPSA”; (c) by adding the following clause after clause (n): “(o) ‘SPSA’ means the Saskatchewan Public Safety Agency”. (3) Subsection 3(1) is amended by striking out “the department” and substituting “SPSA”. (4) Subsection 3(2) is amended by striking out “the department” and substituting “SPSA”. (5) Subsection 3(3) is repealed. (6) Subsection 4(2) is amended by striking out “department” and substituting “ministry”. (7) Subsection 7(3)(a) is amended by striking out “department” and substituting “ministry”. (8) Subsection 11(4) is amended by striking out “The Government Organization Act” and substituting “The Executive Government Administration Act”. (9) Clause 12(a) is amended by striking out “departments” and substituting “ministries”. (10) Clause 15(1)(c.1) is repealed and the following substituted: “(c.1) SPSA”. 2019, c S‑32.4, s 8‑2. SS 2015, c F-15.11 amended 8-3(1) The Fire Safety Act is amended in the manner set forth in this section. (2) Section 2 is amended: (a) in clause (b) of the definition of “fire chief” by adding “or continued” after “established”; (b) by repealing the definition of “ministry”; and (c) by adding the following definitions in alphabetical order: “ ‘fire insurance’ means fire insurance as defined in the regulations; “ ‘SPSA’ means the Saskatchewan Public Safety Agency”. 19 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (3) Subsection 4(1) is amended by striking out “the ministry” wherever it appears and substituting “SPSA”. (4) Clause 6(1)(f) is amended by adding “or continued” after “established”. (5) Section 11 is amended by adding “or continued” after “established”. (6) Clause 28(1)(a) is amended by striking out “members of the public service of Saskatchewan” and substituting “employees of SPSA”. (7) Subsection 28(2) is amended in the portion preceding clause (a) by striking out “member of the public service of Saskatchewan” and substituting “employee of SPSA”. (8) Subsection 37(1) is amended by striking out “the Crown” wherever it appears and substituting “SPSA”. (9) Subsection 45(2) is amended in the portion preceding clause (a) by striking out “the ministry” and substituting “SPSA”. (10) Not Yet Proclaimed. 2019, c S‑32.4, s 8‑3. SS 2014, c W-13.01 8-4(1) The Wildfire Act is amended in the manner set forth in this section. (2) Section 2 is amended: (a) by adding the following clause after clause (a): “(a.1) ‘agency officer’ means an employee of SPSA appointed pursuant to section 8”; (b) by repealing clauses (n) and (o); (c) in clause (q): (i) in subclause (i) by striking out “a ministry” and substituting “an agency”; and (ii) in subclause (iv) by striking out “National Parks Act (Canada)” and substituting “Canada National Parks Act”; and (d) by adding the following clause after clause (z): “(z.1) ‘SPSA’ means the Saskatchewan Public Safety Agency”. (3) Subsection 7(4) is amended by striking out “the ministry” and substituting “SPSA”. (4) Subsection 7(6) is amended by striking out “the ministry” and substituting “SPSA”. 20 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY (5) Subsection 8(1) is amended by striking out “ministry officers any employees or classes of employees of the ministry” and substituting “agency officers any employees or classes of employees of SPSA”. (6) Subsection 8(2) is amended: (a) in the portion precending clause (a) by striking out “a ministry” and substituting “an agency”; (b) in clause (a) by striking out “ministry” and substituting “agency”; and (c) in clause (b) by striking out “ministry” and substituting “agency”. (7) Subsection 9(1) is amended in the portion preceding clause (a) by striking out “the ministry” wherever it appears and substituting “SPSA”. (8) Clause 12(1)(a) is amended in the portion preceding subclause (i) by striking out “a ministry” and substituting “an agency”. (9) Subsection 12(3) is amended by striking out “a ministry officer and shall obtain approval from the ministry officer” and substituting “an agency officer and shall obtain approval from SPSA”. (10) Subsection 12(8) is amended by striking out “a ministry” and substituting “an agency”. (11) Subsection 12(9) is amended by striking out “a ministry” and substituting “an agency”. (12) Clause 14(5)(a) is amended by striking out “the ministry” and substituting “SPSA”. (13) Subsection 17(3) is repealed and the following substituted: “(3) Subsection (1) does not apply to agency officers, employees of SPSA and persons who assist SPSA and who are acting in the performance of their duties”. (14) Subsection 19(5) is amended: (a) in clause (a) by striking out “a ministry” and substituting “an agency”; and (b) in subclause (b)(i) by striking out “a ministry” and substituting “an agency”. (15) Subsection 20(4) is amended by striking out “a ministry” and substituting “an agency”. (16) Clause 22(1)(b) is amended by striking out “a ministry” and substituting “an agency”. (17) Subsection 27(5) is amended by striking out “the ministry” wherever it appears and substituting “SPSA”. (18) Subsection 29(3) is amended by striking out “the ministry’s” and substituting “SPSA’s”. 21 SASKATCHEWAN PUBLIC SAFETY AGENCY c S-32.4 (19) Clause 33(i) is amended by striking out “a ministry” and substituting “an agency”. (20) Clause 40(a) is amended by striking out “the ministry” and substituting “SPSA”. (21) Subsection 41(3) is amended by striking out “the ministry’s” and substituting “SPSA’s”. (22) Subsection 43(4) is amended by striking out “the ministry’s” and substituting “SPSA’s”. (23) Section 44 is amended by striking out “the ministry” and substituting “SPSA”. (24) Section 57 is amended: (a) in the portion preceding clause (a) by striking out “the ministry” and substituting “SPSA”; and (b) in clause (b) by striking out “the ministry” and substituting “SPSA”. (25) Subsection 60(2) is amended by striking out “A ministry” and substituting “An agency”. (26) Subsection 60(5) is amended: (a) in the portion preceding clause (a) by striking out “a ministry officer’s duties in conjunction with an audit, the ministry” and substituting “an agency officer’s duties in conjunction with an audit, the agency”; and (b) in clause (a) by striking out “ministry” and substituting “agency”. (27) Subsection 61(1) is amended by striking out “a ministry officer may apply without notice to the Court of Queen’s Bench for an order authorizing the minister or the ministry” and substituting “an agency officer may apply without notice to the Court of Queen’s Bench for an order authorizing the minister or the agency”. (28) Subsection 66(3) is amended by striking out “the ministry” and substituting “SPSA”. (29) Section 71 is amended: (a) in the portion preceding clause (a) by striking out “a ministry officer may start a fire or cause a fire to be started under the ministry” and substituting “an agency officer may start a fire or cause a fire to be started under the agency”; and (b) in clause (b) by striking out “ministry” and substituting “agency”. (30) Section 80 is amended by striking out “the ministry” and substituting “SPSA, any officer or employee of SPSA,”. (31) Clause 81(1)(q) is amended by striking out “the Crown” and substituting “SPSA”. 2019, c S‑32.4, s 8‑4. 22 c S-32.4 SASKATCHEWAN PUBLIC SAFETY AGENCY PART 9 Coming into Force Coming into force 9-1 This Act comes into force on proclamation. 2019, c S‑32.4, s 9‑1. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2019
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Saskatchewan Public Safety Agency Act, 2019, S-32.4
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