Emergency 911 System Act, E-7.3

1 EMERGENCY 911 SYSTEM c E-7.3 The Emergency 911 System Act being Chapter E‑7.3* of the Statutes of Saskatchewan, 1996 (effective July 12, 1996) as amended by the Statutes of Saskatchewan, 2002, c R‑8.2; 2005, c M‑36.1; 2009, c 34; 2014, c E‑13.1; 2015, c F‑15.11; 2017, c P‑30.3; 2019, c S‑32.4; and 2023, c 25. *NOTE: Pursuant to subsection 33(1) of The Interpretation Act, 1995, the Consequential Amendment sections, schedules and/or tables within this Act have been removed. Upon coming into force, the consequential amendments contained in those sections became part of the enactment(s) that they amend, and have thereby been incorporated into the corresponding Acts. Please refer to the Separate Chapter to obtain consequential amendment details and specifics. 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 E-7.3 EMERGENCY 911 SYSTEM Table of Contents 1 Short title 7.2 Sask911 fees 2 Interpretation 8 Participation 3 Purpose 9 Immunity 4 Minister responsible for Sask911 system 10 Offences 5 Powers of minister 11 Act to prevail 6 Designation of emergency service providers 11.1 Confidentiality 7 Repealed 12 Regulations 7.1 Sask911 expenses 13 RSS 1978, c S‑34 amended 14 SS 1991, c S‑34.1 amended 3 EMERGENCY 911 SYSTEM c E-7.3 CHAPTER E-7.3 An Act respecting the Development, Implementation and Operation of an Emergency 911 System and to make consequential amendments to other Acts Short title 1 This Act may be cited as The Emergency 911 System Act. Interpretation 2 In this Act: (a) Repealed. 2009, c 34, s 3. (b) Repealed. 2002, c R‑8.2, s 75. (b.1) “dispatch” means coordinating the emergency services with appropriate emergency service providers after receiving information from the public safety answering point; (c) “emergency 911 telecommunication” means an emergency telephone call placed to a public safety answering point by means of dialling the telephone digits 911 or by other means supported by the public safety answering point; (d) “emergency service provider” means: (i) a police service or regional police service as defined in The Police Act, 1990; (ii) the Royal Canadian Mounted Police; (iii) a fire department as defined in The Fire Safety Act; (iv) an ambulance service; (v) a ministry, agency or Crown corporation of the Government of Saskatchewan that provides emergency services; (vi) any person, organization or agency, other than one mentioned in subclauses (i) to (v), designated as an emergency service provider by the minister; (e) “Indian band” means a band as defined in the Indian Act (Canada) and includes the council of a band; (f) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (f.1) Repealed. 2019, c S‑32.4, s 8‑1. (g) “municipality” includes the Saskatchewan portion of the City of Lloydminster; (h) “prescribed” means prescribed in the regulations; 4 c E-7.3 EMERGENCY 911 SYSTEM (h.1) “provincial health authority’’ means the provincial health authority continued pursuant to The Provincial Health Authority Act; (i) “public safety answering point” means a telecommunication answering point that receives emergency 911 telecommunications and: (i) directs those telecommunications to appropriate emergency service providers; or (ii) dispatches those telecommunications for the appropriate emergency service providers; (i.1) Repealed. 2017, c P30.3, s 11‑5. (j) Repealed. 2023, c 25, s 3. (j.1) “Sask911 fee” means a prescribed fee; (k) “Sask911 system” means a province‑wide emergency telecommunications service that connects a person making an emergency 911 telecommunication to emergency service providers through a public safety answering point, and includes: (i) the province‑wide radio communication network to be used by emergency service providers; and (ii) any other prescribed service, activity or undertaking; (l) “SaskTel” means Saskatchewan Telecommunications, continued pursuant to The Saskatchewan Telecommunications Act. (m) “SPSA” means the Saskatchewan Public Safety Agency. (n) “telecommunications” means the emission, reception, transmission, switching, storage, compilation, transformation or manipulation of information or intelligence of any nature and includes any means by which communication, video, computer or data services are provided; (o) “telecommunications service provider” or “telco” means a provider of local telephone services that is recognized by the Canadian Radio‑television and Telecommunications Commission pursuant to the Telecommunications Act (Canada). 1996, c E‑7.3, s 2; 2002, c R‑8.2, s 75; 2005, c M‑36.1, s 426; 2009, c 34, s 3; 2015, c F‑15.11, s 58; 2017, c P‑30.3, s 11‑5; 2019, c S‑32.4, s 8‑1; 2023, c 25, s 3. Purposes 3 The purposes of this Act are: (a) to provide for the development, implementation, enhancement and operation of the Sask911 system; and (b) any other prescribed purpose. 2023, c 25, s 4. 5 EMERGENCY 911 SYSTEM c E-7.3 Minister responsible for Sask911 system 4 The minister is responsible for all matters not by law assigned to any other minister, minstry or agency of the Government of Saskatchewan relating to the development, implementation, enhancement and operation of the Sask911 system. 1996, c E‑7.3, s 4; 2009, c 34, s 4; 2023, c 25, s 5. Powers of minister 5 The minister may: (a) enter into agreements with emergency service providers, telcos, councils of municipalities, Indian bands, the provincial health authority and any other persons, bodies, organizations and associations in order to carry out the purposes of this Act; (a.1) acquire, maintain, operate and dispose of property, licences and rights in order to carry out the purposes of this Act; (b) recommend to the Lieutenant Governor in Council the location, number, type and areas of coverage of public safety answering points to be prescribed; (c) for the purposes of the Sask911 system, co‑ordinate the development of a province‑wide street addressing and numbering system, the development of a standard addressing manual to control the quality of data collected and the maintenance of a province‑wide address directory; (d) establish one or more committees to advise the minister respecting, or to co‑ordinate any matter associated with, the development, implementation, enhancement or operation of the Sask911 system; (d.1) subject to the regulations, establish the Sask911 fee and charge the Sask911 fee to those classes of customers of telcos who have the ability to place emergency 911 telecommunications; (d.2) subject to the regulations, collect Sask911 fees; (d.3) subject to the regulations, set and charge other fees, rates and other charges for Sask911 system services as it considers appropriate to fulfil the objects and purposes of the Sask911 system and this Act; (d.4) establish, develop, or operate any program or undertaking that SPSA considers will be conducive to the Sask911 system; (d.5) prepare and administer policies, programs, standards, guidelines, objectives, codes of practice, protocols, systems, procedures and directives for the purposes of the administration and enforcement of this Act and the regulations; and (e) do any other thing the minister considers necessary to carry out the purposes of this Act. 1996, c E‑7.3, s 5; 2002, c R‑8.2, s 75; 2009, c 34, s 5; 2017, c P‑30.3, s 11‑5; 2023, c 25, s 6. 6 c E-7.3 EMERGENCY 911 SYSTEM Designation of emergency service providers 6(1) For the purposes of subclause 2(d)(vi), where the minister considers it appropriate, the minister may designate any person, organization or agency as an emergency service provider. (2) The minister shall cause a notice of every designation made pursuant to subsection (1): (a) to be sent to the person, organization or agency being designated; and (b) to be published in the Gazette. 1996, c E‑7.3, s 6. 7 Repealed. 2023, c 25, s 7. Sask911 expenses 7.1 SPSA may pay for costs associated with the purposes of this Act, including the associated administration costs, with funds and revenue from: (a) Sask911 fees paid to SPSA; (b) revenue earned from Sask911 system activities, including but not limited to: (i) dispatching; (ii) partnership funding; (iii) service fees; (iv) equipment leasing; and (v) any other prescribed activities; (c) other SPSA funds; and (d) any funds appropriated by the Legislature for the purposes. 2023, c 25, s 8. Sask911 fees 7.2(1) If a Sask911 fee has been prescribed: (a) SPSA shall charge the Sask911 fee to telcos and their customers who are required by the regulations to pay the Sask911 fee; and (b) the telcos and their customers mentioned in clause (a) shall pay the Sask911 fee. (2) Notwithstanding any other Act or any contract, every telco that provides services in Saskatchewan shall, in every month, inform SPSA of the average number of the telco’s working telecommunications lines that have the capacity to place emergency 911 telecommunications through SaskTel’s telecommunications system or any other record or information requested by SPSA. (3) Every telco in Saskatchewan shall register with the minister by providing the prescribed information within the prescribed periods. 2023, c 25, s 8. 7 EMERGENCY 911 SYSTEM c E-7.3 Participation 8(1) In this section, “participate” includes: (a) entering into agreements; (b) assisting in the development of policies, programs, standards, guidelines, objectives, codes of practice, protocols, systems, procedures and directives; (c) taking part in the co‑ordination of information collecting, training and addressing; (d) making recommendations; and (e) serving on committees. (2) When requested by the minister, a council of a municipality, the provincial health authority or an emergency service provider, a telco, a ministry, an agency or a Crown corporation of the Government of Saskatchewan shall participate in the development, implementation, enhancement and operation of the Sask911 system. (3) Subsection (2) does not apply to the Royal Canadian Mounted Police or to any telco, other than SaskTel, that is governed by the Telecommunications Act (Canada), but any of them may agree to participate in the development, implementation, enhancement and operation of the Sask911 system. (4) Every council of a municipality, the provincial health authority or an emergency service provider, telco, ministry, agency or Crown corporation of the Government of Saskatchewan shall comply with: (a) any prescribed standards, protocols, systems and procedures for communicating, equipping, mapping and addressing, establishing signs, call‑ taking and dispatching; (b) any prescribed directions respecting training, information collecting, education or services; and (c) any prescribed rules. (5) The minister may establish an advisory committee, which may include representatives from any organization, government or Indian band requested to participate pursuant to subsection (2), to advise and recommend on the development, implementation, enhancement and operation of the Sask911 system. 1996, c E‑7.3, s 8; 2002, c R‑8.2, s 75; 2009, c 34, s 8; 2017, c P‑30.3, s 11‑5; 2023, c 25, s 9. Immunity 9 No action lies or shall be instituted against the Crown, the minister, a municipality, an Indian band, a telco, an emergency service agency or provider, a government organization, a public safety answering point, or an operator, responder or employee engaged by any of them, a volunteer or a volunteer organization 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) responding to an emergency 911 telecommunication; 8 c E-7.3 EMERGENCY 911 SYSTEM (b) acting at the request of an emergency service provider who is responding to an emergency 911 telecommunication; (c) operating a public safety answering point; or (d) carrying out any responsibility or duty or exercising any power pursuant to this Act. 2023, c 25, s 10. Offences 10(1) No person shall: (a) connect an automatic alarm of any kind to the Sask911 system; (b) place or permit another person to place a false, frivolous or vexatious emergency 911 telecommunication; or (c) use or permit another person to use any other prescribed technology or telecommunications device to access the Sask911 system. (2) Any person who contravenes any provision of this Act or the regulations is guilty of an offence and is liable on summary conviction: (a) for a first offence, to a fine not exceeding $5,000; and (b) for each subsequent offence, to a fine not exceeding $10,000. (3) No person employed or volunteering to receive an emergency 911 telecommunication shall use that person’s position or the information received in that position to financially benefit that person or a corporation, agency or any other organization with which that person is associated in a financial capacity 1996, c E‑7.3, s 10; 2023, c 25, s 11. Act to prevail 11 This Act prevails in the case of any conflict between: (a) any provision of this Act; and (b) the provision of any other Act or the regulations made pursuant to any other Act. 1996, c E‑7.3, s 11. Confidentiality 11.1(1) Subject to subsections (2) and (3), all personal information received by a public safety answering point about a person: (a) making an emergency 911 telecommunication in good faith; or (b) for whose benefit an emergency 911 telecommunication is made; is confidential. 9 EMERGENCY 911 SYSTEM c E-7.3 (2) No person shall make use of or disclose any of the information mentioned in subsection (1) except as may be necessary for the safe and effective operation of the Sask911 system and in a manner that respects to the greatest degree possible the privacy of the persons mentioned in clauses (1)(a) and (b). (3) Subject to the regulations, subsections (1) and (2) do not apply to the disclosure to: (a) an emergency service provider; or (b) any other prescribed group or category of persons. 2023, c 25, s 12. Regulations 12 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) prescribing standards, protocols, systems and procedures for communicating, equipping, mapping and addressing, establishing signs, call‑ taking and dispatching for the purpose of developing, implementing, enhancing and operating the Sask911 system; (b.1) prescribing purposes for the purpose of section 3; (c) prescribing directions respecting training, information collecting, education or services for the purpose of developing, implementing, enhancing and operating the Sask911 system; (d) prescribing rules governing the development, implementation, enhancement and operation of the Sask911 system; (d.1) prescribing the amount of the Sask911 fee; (d.2) prescribing the classes of telcos that are required to pay the Sask911 fee and prescribing different Sask911 fees for different classes of telcos; (d.3) for the purposes of clause 10(1)(c), prescribing technology or telecommunications devices prohibited or restricted from accessing the Sask911 system; (e) respecting any matter or thing that the Lieutenant Governor in Council considers necessary or advisable to effect the financing, developing, implementing, enhancing or operating of the Sask911 system; (f) respecting the confidentiality of information acquired for the development, implementation, enhancement and operation of the Sask911 system, including: (i) setting out the circumstances under which that information may be disclosed; and (ii) prescribing groups or categories of persons to whom subsections 11.1(1) and (2) do not apply; 10 c E-7.3 EMERGENCY 911 SYSTEM (g) excluding any council of a municipality, the provincial health authority, an emergency service provider, a telco, a ministry, an agency or a Crown corporation of the Government of Saskatchewan, or any class of municipal councils, emergency service providers, telcos, ministries, agencies or Crown corporations of the Government of Saskatchewan from the application of section 6; (g.1) respecting the establishment and collection of fees for any service or material provided or required in the administration of this Act(h) prescribing any matter or thing that is required or authorized by this Act to be prescribed by regulation; (i) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act. 1996, c E‑7.3, s 12; 2002, c R‑8.2, s 75; 2009, c 34, s 8; 2017, c P‑30.3, s 11‑5; 2023, c 25, s 13. CONSEQUENTIAL AMENDMENTS 13 to 14 Dispensed. These sections make consequential amendments to other Acts. The amendments have been incorporated into the corresponding Acts. Coming into force 15 This Act comes into force on proclamation. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023