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Midland won't declare state of emergency

"Declaring an emergency is not a magic wand," interim CAO says.
2020-02-12-Midland-Town-Building
Midland council chose not to declare emergency but approved a pandemic plan as presented by staff at Wednesday's council meeting. (File photo)

Staff recommended council against declaring state of emergency after the province, county, and a neighbouring municipality announced their decisions in succession.

At its regular meeting Wednesday night, council approved a pandemic plan as presented by staff (more details on that forthcoming).

But Coun. Bill Gordon wondered why staff isn't following the lead of its neighbours by declaring a state of emergency.

"County of Simcoe has declared a state of emergency; Tiny has declared a state of emergency," he said. "It would be good to understand what state of emergency means for all our viewers. What it unlocks, what extra powers it entails and perhaps the rationale as to why we may not want to follow suit at this particular time."

Amanpreet Sidhu, interim chief administrative officer, was able to list off the reasons for why he wasn't in favouring of recommending the town declare a state of emergency at this time. 

"As things stand at 7:59 p.m., eight jurisdictions and two First Nations have declared a state of emergency," he said. "Those that have declared a state of emergency have concerns that are slightly different than concerns from Midland and North Simcoe."

For a municipality to declare emergency, said Sidhu, there has to be a trigger.

Another question the town should ask is around the benefits it brings to Midland, he said.

"It allows economic means that are not usually accessible to us," Sidhu said. "There are no financial resources to access at this time. It might create somewhat of an impression within the general public that something extraordinary is happening. Not to say the pandemic isn't as grave as it is. People are requested to follow the direction of public health. Declaring an emergency doesn't help us do any of that."

The information shared on the town's website should provide residents with ways of being vigilant, said Sidhu. 

"The reaosns to declare emergency, according to our EOC (emergency operations centre) plan, includes if there is risk to human life," he said. "So it could be declared, but from a proceural point of view, we get no advantage."

The town has, however, activated its emergency control groups, according to infrastructure director Andy Campbell.

"It's not that we're not doing anything," he added.
Among other reasons for not declaring emergency, Sidhu said, is the flexibility in municipal decision-making.

"The powers in the municipalities are deferred to the head of council and community control group," he said. "It brings council's power down to bystander level and it does not actively participate in decision-making. It weighs heavily on me and as long as there is no direct advantage, all members of council should have the authority as vested in you by the residents that elected you."

Gordon asked how much time it would take and what would the procedure be if the decision is made to declare an emergency.

"We are ready willing and able to proceed within an hour," Sidhu said. "All options are on the table. If considered to be in the best interest of the corporation, it would be done in matter of minutes, at most matter of hours. We are prepared if such a moment does arise, we have the documentation prepared to bring to you."

Sidhu said he has a checklist that would be followed should the town decide to declare a state of emergency.

"We basically have to check off items on this document," he said. "According to the Emergency Management and Civil Protection Plan, the authority rests with the head of council."

Coun. Beth Prost then asked what declaring an emergency would mean for the residents?

"What it affords to the residents is streamlined decision-making," Sidhu said. "If a decision needs to be made, through this the mayor and community control group can make decisions at the drop of the hat. They have to be as per law, but it does allow for quicker decision-making."

Typically, this legislation is used when there is a natural disaster that affects property, added Campbell. For instance, he said, the declaration would help residents make claims to upper-tier government funding if their property were damaged during a tornado.

Added Sidhu: "Declaring an emergency is not a magic wand that would give us access to anything else that we do not have access to otherwise under law."