Disaster Recovery Regulation

(Consolidated up to 131/2025) ALBERTA REGULATION 51/94 Emergency Management Act DISASTER RECOVERY REGULATION Table of Contents 1 Definitions 2 Alberta Disaster Assistance Directives 2.1 Determination of insurability 3 Limits on financial or other assistance 4 Program for financial or other assistance 5 Reconsideration of Minister’s decision 6 Application for financial or other assistance 7 Review of Executive Director’s decision re program eligibility 8 Review of Executive Director’s decision re financial assistance 9 Eligibility requirements 10 Public interest exception 11 Subrogation 12 Transitional 13 Repeal 14 Expiry Definitions 1 In this Regulation, (a) “adequate and available”, with respect to insurance, means insurance that, as determined by the Managing Director under section 2.1, (i) provides sufficient financial protection against damage or loss caused by a disaster by covering the replacement or repair of damaged property to a functional level after a disaster, and (ii) can be accessed for a specific natural hazard on an annual basis at a generally affordable rate within Alberta where a disaster occurs; (b) “Directives” means the Alberta Disaster Assistance Directives adopted under section 2; (c) “eligible private sector applicant” means a private sector applicant determined to be eligible for financial or other assistance under section 6(3); (d) “eligible public sector applicant” means a public sector applicant determined to be eligible for financial or other assistance under section 6(3); (e) “Executive Director” means the Executive Director of the Recovery Branch of the Alberta Emergency Management Agency; (f) “financial or other assistance” means (i) assistance by payment or in another form for damage or loss caused by a disaster for which insurance was not adequate and available before the disaster occurred, (ii) a payment for costs incurred by a local authority or the Government of Alberta in conducting emergency operations, or (iii) a payment for mitigation; (g) “mitigation” means measures taken or to be taken to reduce the impacts of potential hazards; (h) “natural hazard” means a natural hazard as defined in the Directives; (i) “private sector applicant” means a private sector applicant as defined in the Directives; (j) “program for financial or other assistance” means a Government of Alberta program intended to offset the cost or financial burden of a disaster for eligible private and public sector applicants with respect to one or more of (i) the costs of conducting emergency operations, (ii) damage or loss caused by the disaster, and (iii) assistance for post‑disaster mitigation work; (k) “public sector applicant” means a public sector applicant as defined in the Directives. AR 51/94 s1;131/2025 Alberta Disaster Assistance Directives 2 The Alberta Disaster Assistance Directives established by the Minister under section 7.01 of the Act on May 27, 2025 and published on the website of the Minister’s department, as amended from time to time, are adopted by and form part of this Regulation. AR 51/94 s2;131/2025 Determination of insurability 2.1 The Managing Director may determine, on an annual basis, whether there is adequate and available insurance for each type of natural hazard in Alberta for the purposes of this Regulation. AR 131/2025 s3 Limits on financial or other assistance 3 No financial or other assistance may be provided (a) for damage, loss or costs that are (i) an ordinary or normal risk of a business, trade, calling or occupation, (ii) loss of income, (iii) interest charges on loans and overdue accounts, or (iv) normal operating expenditures; (b) to restore property to a level that exceeds its condition before a disaster, unless the assistance is payment for mitigation that meets the criteria established under the Directives. AR 51/94 s3;131/2025 Program for financial or other assistance 4 (1) The Minister may approve a program for financial or other assistance in respect of a disaster if (a) the Minister is satisfied that (i) the Government of Alberta or a local authority has incurred costs in conducting emergency operations, or (ii) the disaster has caused damage or loss, and (b) the Minister determines the disaster meets the criteria set out in the Directives for approval of a program for financial or other assistance in respect of that disaster, and one of the following apply: (c) a local authority applies to the Minister for approval of a program for financial or other assistance in respect of the disaster; (d) the Minister determines that a program for financial or other assistance is required in the absence of an application by a local authority. (2) A program for financial or other assistance may include (a) terms and conditions for providing financial or other assistance, (b) the forms in which the financial or other assistance may be provided, and (c) provisions dealing with the assessment of damage and loss. (3) The Managing Director is responsible for the administration of a program for financial or other assistance in respect of a disaster, including establishing and publishing rate schedules for financial assistance respecting a disaster. (4) If the Minister does not approve a program for financial or other assistance applied for by a local authority, the Minister must provide the local authority with a written notice that sets out the reasons for the decision. AR 51/94 s4;131/2025 Reconsideration of Minister’s decision 5 (1) The local authority may apply to the Minister within 30 days after the local authority receives the notice referred to in section 4(4), in the form and manner acceptable to the Minister, for a reconsideration of the Minister’s decision on the basis of (a) new and relevant facts or information that have arisen since the Minister’s decision under section 4(4), or (b) an alleged error regarding (i) the interpretation of information provided by the applicant in the application under section 4(1)(c), or (ii) the application of the Act or this Regulation to the application. (2) On reconsideration, the Minister may confirm the Minister’s decision or approve a program for financial or other assistance. (3) The Minister must give the local authority written notice that sets out the reasons for the decision in the reconsideration. (4) The local authority may only make one application under subsection (1) in respect of a specific disaster. AR 51/94 s5;131/2025 Application for financial or other assistance 6 (1) If a program is approved under section 4, and subject to the terms and conditions of the program, an application for financial or other assistance may be submitted to the Executive Director by (a) a public sector applicant for one or more of the following: (i) the costs of conducting emergency operations; (ii) damage or loss caused by the disaster; (iii) assistance for post‑disaster mitigation work, or (b) a private sector applicant for one or both of the following: (i) damage or loss caused by the disaster; (ii) assistance for post‑disaster mitigation work. (2) If a local authority’s application to create a program for financial or other assistance under section 4 is approved, that application is deemed also to be an application under subsection (1)(a). (3) The Executive Director may provide financial or other assistance to an applicant under this section in accordance with the Directives if the applicant (a) has (i) incurred costs in conducting emergency operations, (ii) experienced damage or loss caused by a disaster, or (iii) requested assistance for post‑disaster mitigation work, (b) is not excluded under section 9 from receiving financial or other assistance, and (c) is eligible to receive financial or other assistance under the Directives. (4) If the Executive Director is not satisfied that an applicant meets the requirements set out in subsection (3), the Executive Director must provide the applicant with a written notice that sets out the reasons for the decision. AR 51/94 s6;131/2025 Review of Executive Director’s decision re program eligibility 7 (1) A private sector applicant who receives the Executive Director’s notice referred to in section 6(4) may request the Managing Director to review the decision of the Executive Director on the grounds that the Executive Director made an error respecting the applicant’s eligibility for financial or other assistance. (2) The applicant must submit the request for the review within 30 days after the applicant receives the Executive Director’s notice. (3) The Managing Director, in conducting the review, may confirm, vary or reverse the Executive Director’s decision. (4) The Managing Director must provide the applicant with a written notice that sets out the reasons for the decision. (5) The applicant may only apply once under subsection (1) in respect of a specific disaster. AR 51/94 s7;131/2025 Review of Executive Director’s decision re financial assistance 8 (1) A private sector applicant who has received financial assistance for damage or loss under a program for financial or other assistance and who receives a notice from the Executive Director closing the applicant’s file under the program may request the Managing Director to review the decision of the Executive Director under section 6(3) on the grounds that the amount of assistance provided was inconsistent with the applicable rate of payment in the rate schedules established under section 4(3). (2) The applicant must submit the request for the review within 30 days after the applicant receives the notice referred to in subsection (1). (3) The Managing Director, in conducting the review, may confirm, vary or reverse the Executive Director’s decision, based on the applicable rate of payment in the rate schedules established under section 4(3). (4) The Managing Director must provide the applicant with a written notice that sets out the reasons for the decision. (5) The applicant may only apply once under subsection (1) in respect of a specific disaster. AR 51/94 s8;131/2025 Eligibility requirements 9 An applicant is ineligible to receive financial or other assistance for damage or loss caused by a disaster or for costs incurred in conducting emergency operations if (a) the damages, loss or costs could have been reasonably prevented, (b) insurance for the damage, loss or costs was adequate and available before the disaster or emergency occurred, (c) there is a substantial likelihood that the damage, loss or costs could be recovered through legal action, or (d) the full amount of the damage, loss or costs is available under other Government of Alberta programs. AR 51/94 s9;131/2025 Public interest exception 10 Notwithstanding any provision of this Regulation, the Minister may direct that financial or other assistance be provided to a person who suffered damage or loss caused by a disaster or to a local authority or the Government of Alberta that incurred costs in conducting emergency operations if, in the Minister’s opinion, it is in the public interest to provide the financial or other assistance. AR 51/94 s10;131/2025 Subrogation 11 (1) In this section, (a) “Crown” means His Majesty in right of Alberta; (b) “payment” means a payment authorized by the Alberta Emergency Management Agency or the Minister to compensate or provide financial or other assistance for damage or loss caused by a disaster or for the purpose of sharing costs incurred by a local authority in conducting emergency operations; (c) “third party” includes a department, division or agent of the Government of Alberta other than the Alberta Emergency Management Agency Division. (2) This section applies to payments made under the Disaster Assistance Regulation (Alta. Reg. 321/85) in 1992, 1993 and 1994 and to payments made under this Regulation. (3) Where a payment is made to a person who suffered damage or loss or to a local authority that incurred emergency operation costs, the Crown is subrogated for the amount of the payment to all of the rights and causes of action that the person or local authority who received the payment has against a person who caused or contributed to the cause of the disaster or emergency. (4) The Crown may maintain an action under subsection (3) in the name of the person or local authority who received the payment or in the name of the Crown. (5) Where (a) a payment is made to a third party who has provided a service or benefit or to allow a third party to provide a service or benefit to a person who suffered damage or loss caused by a disaster, (b) the service or benefit has been provided to the person, and (c) the service or benefit compensates the person for some of the damage or loss, the Crown is subrogated for the amount of the payment to all of the rights and causes of action that the person who suffered the damage or loss has against a person who caused or contributed to the cause of the disaster. (6) The Crown may maintain an action under subsection (5) in the name of the person who suffered the damage or loss or in the name of the Crown. (7) The Crown’s right of subrogation is not affected by the fact that (a) the person who suffered damage or loss has not been fully indemnified for the loss or damage, or (b) the local authority that incurred emergency operation costs has not been fully indemnified for those costs. (8) Evidence by the Crown that a payment was made to a person for damage or loss caused by a disaster is prima facie proof that the person suffered damage or loss caused by a disaster at least in the amount of the payment. (9) Evidence by the Crown that a payment was made to a local authority for the purpose of sharing costs incurred by the local authority in conducting emergency operations is prima facie proof that the local authority incurred those costs in conducting emergency operations. (10) Evidence by the Crown that a payment was made to a third party who has provided a benefit or service or to allow the third party to provide a benefit or service to a person who suffered damage or loss caused by a disaster and that the service or benefit has been provided to the person is prima facie proof that (a) the third party has provided the service or benefit to the person, (b) the person suffered damage or loss caused by the disaster, and (c) the service or benefit compensates the person for some of the damage or loss in the amount of the payment. AR 51/1994 s11;218/2022;131/2025 Transitional 12 Notwithstanding section 13, section 2(2) of the Disaster Assistance Regulation (Alta. Reg. 321/85) applies and section 9 of this Regulation does not apply to applications for compensation (a) for damage or loss caused by a disaster that occurs before this Regulation comes into force, and (b) for the payment of costs incurred in conducting emergency operations that occur before this Regulation comes into force. Repeal 13 The Disaster Assistance Regulation (Alta. Reg. 321/85) is repealed. Expiry 14 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on May 31, 2030. AR 131/2025 s9