Disaster Risk Management (Amendment) Act No. 6 of 2021

1. This Act may be cited as the Disasler Risk Management Short title nd (Amendment) Act, 2021, and shall be read and construed as one with aconslruclio11 . the Disaster Risk Management Act (hereinafter referred to as the "principal Act") and all amendments thereto. JAMAICA No. C , - 2021 I assent, [L.S.] t Govenwr-Gencral. AN ACT to Amend the Disaster Risk MunagementAct in order to adequately implement and address measures to combat various calamitous events, including a pandemic; c1rn l (i ,r connected matters. BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows: --

1. This Ad may be cited as the Disaster Risk Management Short tilk und (Amendment) Act, 2021, and shall be read ancl constmed as one with CUJISll uct ion . the Disaster Risk Management Act (hereinafter refen-ed to as the ··pr: , ;pal Act") and all amendments thereto. 2 [No. ] The Disaster Risk Management (Amendment) Act, 2021 Amendment 2. Section 2 of the principal Act is amended - - of sc:r.tinn 7 or principal (a) in the definition of"authorized officer" by- Act. (i) inserting next after paragraph (a)(iii), the following- ,• .. " (iv) the Municipal Police;"; (ii) deleting the word "and" at the end of paragraph 01); (iii) inse1ting next after paragraph (i) the following- U) the Chief Executive Officer of the Passpmt, hnmigration and Citizenship Agency; (k) the Chiefhnmigration Officer and any immigration ot:ticer appointed by the Governor-General under the Aliens Act; (1) the Commissioner of Customs; (m) an officer employed in the Department of Customs; and (n) the Senior Director in the Technical Services Department of the Ministry with responsihility for Local Govern- ment."; (b) in the definition of "disaster" delete paragraph (b) and substitute therefor the following- " (b) may result from a fire, an accident, an act of terrorism, a storm, a hurricane, an earthquake, a drought, a flood, pollution, a hazardous materials incident, a nuclear or radiation emergency, disease, a pandemic, the wide-spread dislocation of the essential services, or other calamity;"; .. · . .. . . . ' ... ·... The Disaster Risk 111anagement (Amendment) [No. ] 3 Act, 2021 (c) by inserting next after the definition of"disaster preparedness'' the following definitions----- " "envirornnent" includes- (a) animals, alive or dead, and their orgarnsms; (b) land, air, water, ecosystems, and their constituent parts; (c) human-made or modified structures or areas; and (d) natural and physical resources; "exposure" means the state or condition of being subject to i1rndiation;"; (d) by inse11ing next after the definition of"hw..ard" the following definitions- " "hazardous material" means any substance, including an explosive, a flammable or combustible substance, a poison or a radioactive material, that has the potential to adversely affect human and other life fo1ms; "hazardous materials incidenf' means an event or occurrence that involves the uncontrolled release of one or more hazardous materials into an environment;"; (e) by inserting next after the definition of "National Headquai1ers" the following definition- " "nuclear or radiation emergency" meai1s an emergency in which there is, or is perceived to be, a hazard dueto- (a) the energy resulting from a nuclear chain reaction or from the decay ofthe products of a chain reaction; or (b) exposure;". 4 [No. ] Th e Disaster Risk Management (A mendm ent) Act, 2021 Amendment 3. Section 26 of the principal Act is amended- of section 26 of principal (a) by deleting subsection (1) and substituting therefor the Act. following- " (1) WheretheOfficerepmtstotheMinisterthat any part of Jamaica appears to be threatened with or affected by a natural or ;.mlhrupugtmic hazard and that measures apait from or in addition to those specifically provided for in this Act ~huul<l be taken promptly, the Minister shall 1:,1ive \Vritten notice thereof to the P1imc Ministe1:"; (b) in paragraphs (i) ai1d (ii) of subsection (2)(b), by deleting the words ··condition or" ; (c) by deleting subsection (5) and substituting therefor the following- ( 5) Any authorized officer or employee of the Office or any other person so authmized, in w1iting, by lhe Director-General may- (a) require compliance with the provisions of any order made or measures instituted under this section; and (h) at all times, enter any premises fortheprnvose ofensuring compliai1ce with the provisions of any order made or measurt:s instituted under this section.". A1111:111l111 cnl 4. St:diuu 27 is amended- of sccli nn 27 o f prin cipal (a) in subsection (4) by deleting the words "or requirement" Ac t. and substituting therefor the words ", requirement or measure"; ai1d (h) by deleting subsection (5) and substituting therefor the following- " (5) An authmized officer, when giving a direction or imposing a requirement or measure in subsection The Disaster Risk Management (Amendment) [No. ] 5 Act, 2021 (1 ), may also give a wanting that it is an offence under subsection 52(1)(b) to fail to comply with the direction, requirement or measure, unless the person has a reasonable excuse, however, the giving of a warning under this subsection shall not be a precondition to the prosecution of an offence under section )2( 1)(b). ".

5. Section 52 of the principal Act is amended by- Amendment of section 52 (a) deleting the marginal note and substituting therefor the of principal . Act. fio11owmg- "Offences and penalties, including fixed penalties."; (b) renumbe1ing the section as subsection ( 1) of the section; ( c) deleting paragraph (b) of subsection (1 ), as amended, and substituting therefor the following- " (b) without reasonable excuse, fails to comply with a direction given or requiremenl ur measure imposed by an authorized officer under section 27; or"; ( d) renumbering paragraph (c) of subsection ( 1), as amended, as paragraph (d); (e) inserting next after paragraph (b) of subsection (1), as amended, the following as paragraph (c)--- " (c) fails to comply with a measure specified, by order, pursuantto section 26(2);"; (f) inserting next after subsection (1 ), as amended, the following- " (2) Subsections (3) to (10) shall apply to any offence created by this Act or regulations made under this Act and punishable on summary conviction, being an offence subject to a fixed penalty. 6 [No. J The Disaster Risk Management (Amendment) Act, 2021 (3) Where a constable has reason to believe that a person is conm1itting or has committed an offence referred to in subsection (2), without prejudice to the power ofthe constable to aiTest ai1d charge the person, the constable may give to the Fifth person, the notice set out in the Fifth Schedule. Schedule, offering the opportunity to dischai·ge ai1y liability to conviction ofthat otfonce by the payment of a fixed penalty, an<l in Lhe event tha1 the fixed penalty 1s not paid within the period specified in the notice, the notice constitntes a ~mrnmons to attend before the comi, on such date as may be specified in the notice, to answer the charge outlined in the notice. (4) A person shall not be liable to be convicted of an offence referred to in subsection (2) if the penalty is paid in accordai1ce with subsection (7) before the expiration of the final adjudication of the case. (5) Where a person is given a notice under subsection (3) in respect of an offence, proceedings shall not be taken against that person for the otfonce by a constable, until the end of thirty days following the date of the notice or such longer pe1io<l (if any) as may have been specified in the notice. (6) ln subsection (5), "proceedings" meai1s ai1y criminal proceedings in respect of the act or omission constituting the offence specified in the notice under subsection (3). . ·.... ·. .. The Disaster Risk Management (Amendment) [No. ] 7 Act, 2021 (7) Payment of a fixed penalty under this Act or regulations made under this Act shall be made in respect of any offence specified in this Act or regulations made under this Act, to any Collector of Taxes at its offices, or on the website of Tax Administration Jamaica, at any time before the final adjudit:alion ofthe case. (8) In any proceedings in respect of a fixed penalty under this Act or regulations made under this Act- (a) a ceitificate that the payment ofthe fixed penalty was or, was not made to the Collector ofTaxes on or by a date specified in the certificate, if the cetiificate purp01is to be signed by the Collector of Taxes; or (b) in the case of a payment made on the website of the Tax Administration Jamaica, an electronically-generated receipt purp01iedly issued by that website, shall be sufficient evidence of the facts stated in the certificate or receipt, unless the contrary is proved. (9) A notice under subsection (3) shall- (a) specifytheoffencealleged; (b) give such particulars ofthe offence as are necessary for giving reasonable infonnation of the allegation; 8 [No. ] The Disaster Risk Management (Amendment) Act, 2021 (c) state the period during which, by virtue of subsection (5), f>l'Ol.:t:t:dings will not be taken for the offence; (d) state the amount of the fixed penalty and that the fixed penalty shall be paid to any Collector of Taxes at its offices or, on the website ofthe Tax Administration Jamaica; and (e) require the person, in the event that the fixed penalty is not paid wilhin the period specified in the notice under subsection (5), to attend before the Parish Court in the pruish in which the offence is alleged to have been committed, to answer the charge on such date as may be specified, being a date not earlier than ten days after the expiration of the period specified pursuant to subsection ( 5). (10) Where a person contravenes a requirement, restriction or direction under a measure specified in regulations mudc under this Act, the fixed penalty applicahle to such an offence shall be specified in those regulations by reference to the tier Sixth ofpenalties specified in the Sixth Schedule. Schedule. (11) For the avoidance of doubt, in this section,' regulations ' includes an order made under section 26(2).". (12) An offence under regulations made pursuant to section 26, shall not fonn part of the criminal record ofthe offender. .. . ... . The' Disaster Risk Management (Amendment) [No. ] 9 Act, 2021

6. The principal Act is amended by inse11ing next after section 52 Insertion of section 52A the following- in principal Act. '· Service of 52A.-(1) Any notice under this Act that is notices. authorized or required to be served upon or issued to any person, shall either be- ( a) served personally upon the person to whom it is addressed.; (b) sent to that person by registered post to the last known address of the person; or (c) sent to that person by electronic means. (2) Service by registered post in tenns of subsection (1) shall be deemed to have been effected on the tenth day after the date stamped upon the receipt for registration issued by the post office which accepted the notice. (3) Service by electronic means shall be deemed to have occu1Ted on the next business day after the document is sent to the addressee at an electronic address previously given by the addressee. (4) A certificate by the person who issued the notice referred to in subsection (1 ), or by a person authorized on behalf of the person who issued the notice, stating the time, place and manner of issuing the notice, shall be primafacie evidence that the notice was duly served.".

7. Section 54( 1) of the principal Act is amended by- Amendment of section 54 (a) deleting the word "and" at the end of paragraph (d); of principal Act. (b) renumbering paragraph (c) as paragraph (f); and [No. The Disaster Risk Management (Amendment) Act. 2021 (c) inserting next after paragraph (d), as amended, the following as paragraph (e) - " (e) specifying the offences under the regulations, that are subject to the fixed penalties provided for in section 52; and". Amendment 8. The Second Schedule to the principal Act is amended- of Second Schedules to (a) in paragraph 1(1) by- principal Acl. (i) deleting the word "and" at tl1e ~11J of subparagraph (aj); (ii) renumbe1ing subparagraph (ak) as subparagraph (am); and (iii) inserting next after subparagraph (aj), as amended, the following- "( ak) the Mayor of each Municipal Corporation; (al) the ChiefMedical Officer (Health); and"; (b) in paragraph 1(2) by deleting the words "sub-paragraph (l)(e) to (aj) and substituting therefor the words "subparagraph (l)(e) to (al)". Arnen·dment 9. The Third Schedule to the principal Act is amended in paragraph of Third Schedule to 1(1) by- principal Act. (a) deleting the word "and" at the end of subparagraph (o); (b) renumbe1ing subparagraph (p) as subparagraph (q); and (c) inserting n~xt after subparagraph (o), as amended, the following as subparagraph (p}-- " (p) a representative from the Office;". . .. The Disaster Risk Management (Amendm ent) [No. ] 11 Act, 2021

10. TI1e Fourth Schedule to the principal Act is amended in paragraph A111cnd1m:n1 of FClllrlh 1(e) by deleting the word ''five and substituting therefor the word "four". Schedule ICI !he principal Ac!.

11. The principal Act is amended by inserting next after the Fourth Insertion of Fifth and Six Schedule, as amended, the following sd,eduks in principal Ac\.

FIFTH SCHEDULE (Section 52(3)) SARS Co V-2 (Coronavims COVID-19) FIXED PENALTY NOTICE (Under section 52 of the Disaster Risk Management Act) SECTION A-PERSONAL INFORMATION OF ALLEGED OFFENDER 1. Name (Last, First, Middle) 2. Taxpayer Registration Number/ Government Issued Identification 3a. Residential Address (Street 4. Contact Number(s) : Number and Name, Parish): i... ..... .. ......................... (H0111e) ii. ................................... (Mobile) 3b. Mailing address (if different): iii . ................. .......... ,..... (Work) 3c. Email address: SECTION 8-0FFENCE 5. De.tails of Offence: 6. Amount of Fixed Penalty: I am giving you Lhis notice in accordance with the Disutiter Risk lvfauagt:uient Ac.t or regul;:ition mnrlc thereunder, to offer you the opp011unity of disr.h;:ireing any liability to conviction for the fixed penalty offence, by payment of a penalty. 12 [No. ] The Disaster Risk Management (Amendment) A<:t, 20J. I Thi:; 111eau:; lhal nu legal proceedings will be commenced for the offence if the penalty is paid within 3 0 days of the date of this notice, or such longer period (if any) specified in this notice. The penalty herein may be paid at the offices of any Collector of Taxes or on the website of Tax Administration Jamaica. If you fail to pay the penalty within the period specified herein, legal proceedings may be commenced against you in the Parish Court, in the parish in which the offence is alleged to have been committed. SECTION C-NAMEAND SIGNATURE OF ALLEGED OFFENDER l _ ACKNOWLEDGE RECEIPT OFTJ--TTS NOTff"'.F, NAME OF ALLEGED OFFENDER SIGNATURE OF ALLEGED Of-FENDER SECTION 0-NAMEAND SIGNATURE OF AUTHORlZED OFFICER: NAME OF AUTHORIZED OFFICER SIGNATURE OF AUHORIZED OFFICER 7. Date of Offence: 8. Date ofFixed Penalty Notice: 9. Place ofAlleged Offence: 10. Court Date where Fixed Penalty not paid: 1----- - -- - -- - - - -_,__________ _ _ _ - SECTION E-FOR OFFICIAL USE ONLY ·" ·. The Disaster Risk Management (Amendment) [No. ] 13 Act, 2021

SIXTH SCHEDULE (Section 52(10)) Tier c?fOffences and I'enalties Tier of Offences Penalty Tier l Offences Three thousand dollars ($3,000.00) Tier 2 Offences Five thousand dollars ($5,000.00) Tier 3 Offences Ten thousand dollars ($10,000.00) Tier 4 Offences Twenty thousand dollars ($20,000.00) Tier 5 Offences Twenty-five thousand dollars ($25,000.00) Tier 6 Offences Thirty thousand dollars ($30,000.00) Tier 7 Offences Fifty thousand dollars ($50,000.00) Tier 8 Offences One hundred thousand dollars ($100,000.00) Tier 9 Offences Two hundred and fifty thousand dollars ($250,000.00) Tier 10 Offences Five hundred thousand dollars ($500,000.00) Passed in the Honourable House of Representatives this 23rd day of March, 2021 with two (2) amendments. M. DALRYMPLE PHILIBERT Speaker. Passed in the Honourable Senate this 26th day of March, 2021 with three (3) amendments. THOMAS TAVARES-FINSON, CD, QC, JP President. 14 [No. ] The Disaster Risk Management (Amendment) Act, 2021 On the 30th day of March, 2021 the House of Representatives agreed to the amendments made by the Senate. JULIET A. HOLNESS Deputy Speaker. This printed impression has been carefully compared hy me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy of the said Act. '3:,17d .7/d,,r;_· ~-1:-y-/-,j ~- Clerk to the Houses of Parliament. A:r--1:J - . .... ·...