What is a state of emergency and when should one be called?

This storm and its aftermath could force authorities to declare a state of emergency.

It is a rarely used measure: Halifax Regional Municipality called a state of emergency in the aftermath of Hurricane Juan. The province did the same thing for White Juan, the crippling snow storm that dumped up to 90 centimetres of snow in February 2004.

Some observers are drawing comparisons between that storm and the snowfall accumulations this week. In 2004, the state of emergency was to keep people off the roads to help facilitate cleanup. That was the first — and so far only — time the province has used this measure.

City spokesperson Jennifer Stairs says the city doesn't feel a state of emergency is warranted.

"We do have the resources at our disposal to deal with the situation accordingly," she said.

So who gets to declare a state of emergency?

It is a political decision. For the province, it rests with the minister of municipal affairs. The mayor of a municipality can also make the call, but it’s provincial legislation so the decision would usually come from the minister.

The Emergency Management Act gives authorities the power to move quickly to streamline and coordinate responses.

For example, under the act, authorities can prohibit or restrict travel, can order evacuations, enter any land or building without a warrant and regulate the distribution of essential goods and services. In other words, rationing.

Penalties for not following rules

But look on the bright side: the act also prohibits price-gouging by opportunists looking to fleece desperate people stuck in the storm. So if you trudged out in a blizzard to buy storm chips, they should cost no more than they did the night before.

In order to help in the delivery of emergency services and supplies, the act gives authorities the power to enlist anyone they need. That includes people qualified in special areas where their training could be valuable in coping with the storm. If you’re drafted to help, your employer cannot take any job action against you, according to the act.

There are penalties for failing to follow the rules. Corporations could be fined up to $100,000; individuals up to $10,000 or six months in jail, or both.

If you’re looking for a glimmer of hope, how about this? The legislation stipulates that states of emergency are only supposed to last for 14 days. By that time, if an emergency is declared today, we would be into the second week of spring.

If you’re stuck inside and want to read more about what your rights and obligations are in a state of emergency, you can read the legislation here.