Fourth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 30
THE FIRES PREVENTION AND EMERGENCY RESPONSE ACT
Section | Table of Contents |
INTRODUCTORY PROVISIONS | |
1(1) | Definitions |
(2) | Interpretation: land and premises |
(3) | Crown bound |
FIRE COMMISSIONER | |
2(1) | Fire Commissioner of Manitoba |
(2) | Fire commissioner to administer Act |
(3) | Powers of fire commissioner |
3 | Staff of fire commissioner's office |
4(1) | Duties and powers of deputy fire commissioners |
(2) | If more than one deputy fire commissioner |
(3) | Delegation by fire commissioner to designates |
EMERGENCY AND DISASTER RESPONSE | |
5(1) | Powers in emergency or disaster |
(2) | Incident management |
(3) | Local authority must comply with directions |
(4) | Directions re provision of labour and other things |
(5) | Assistance of peace officers and police |
(6) | Remuneration for service or materials |
(7) | Form of direction |
FIRE INVESTIGATIONS AND FIRE SAFETY INSPECTIONS | |
6(1) | Entry for investigation of fire |
(2) | Entry onto adjacent premises |
(3) | Closure of land or premises |
7(1) | Entry for fire safety inspection |
(2) | Entry into dwelling with consent |
(3) | Warrant for entry into dwelling |
(4) | Conditions |
(5) | Use of force |
(6) | Fees for inspections |
8 | Identification |
9(1) | General investigation and inspection powers |
(2) | Assistance of others |
(3) | Copying documents and records |
(4) | Obligation to produce and assist |
(5) | Documents, records and things removed |
(6) | Copy admissible in evidence |
10 | Inquiries re inspections |
ACTIONS AND ORDERS | |
11(1) | Immediate actions may be taken |
(2) | Notice of actions to owner and occupants |
(3) | Content of notice |
12(1) | Orders re investigation or inspection |
(2) | Contents of order |
(3) | Order also must set out review or appeal |
(4) | Period for compliance may be extended |
13(1) | Service of order |
(2) | Service re multi-unit building |
(3) | Service of closure order |
14(1) | Remedying contraventions |
(2) | Closure of premises |
Review or Appeal of Order | |
15(1) | Request for review by fire commissioner |
(2) | Time limit for seeking review |
(3) | If request for review not submitted |
(4) | Review by fire commissioner |
(5) | Decision of fire commissioner to be served |
(6) | No hearing required |
(7) | Procedure |
(8) | Stay pending review |
16(1) | Appeal to judge |
(2) | Appeal by application |
(3) | Fire commissioner a party |
(4) | Order stayed by appeal |
Inquiries | |
17(1) | Inquiries into fires |
(2) | Part V of Evidence Act powers |
Responsibility for Costs | |
18(1) | Costs re emergencies and disasters |
(2) | Costs re immediate actions |
(3) | Costs re remedying contraventions |
(4) | Collecting costs |
ADOPTION OF THE MANITOBA FIRE CODE | |
19(1) | Adopting the fire code |
(2) | Amendments and subsequent changes |
LOCAL AUTHORITIES AND LOCAL ASSISTANTS | |
20 | Local authorities to enforce fire code |
21(1) | Local authority must inspect prescribed buildings |
(2) | Records to be kept and made available |
(3) | Fire commissioner to inspect prescribed buildings |
22(1) | Local incident management system to be established |
(2) | Incident management systems to be consistent |
23(1) | Local assistants |
(2) | Reporting by local authority |
(3) | Local assistants may delegate to other employees |
(4) | Limitations |
24 | Local assistant must give immediate notice |
25(1) | Local assistant to investigate fires and report |
(2) | Report in approved form to be made within 14 days |
26(1) | Annual report re emergency response resources |
(2) | Person responsible for ensuring report is filed |
27(1) | Investigation of emergency response — minister |
(2) | Investigation of emergency response — local authority |
28(1) | Local authority may established higher standards |
(2) | By-law inconsistent with other legislation |
INSURERS AND ADJUSTERS | |
29(1) | Definitions |
(2) | Immediate report |
(3) | Monthly report — insurer |
(4) | Monthly report — adjuster |
(5) | Content and filing of report |
(6) | Information in addition to other reports |
30(1) | Retention of insurance money |
(2) | Notice of retention order |
31(1) | Definition |
(2) | Special assessment |
(3) | Assessment for unlicensed insurance |
(4) | Limit on prescribed percentage |
(5) | Assessment is a separate charge |
(6) | Assessments to be deposited into fund |
FIRE PROTECTION AREAS | |
32(1) | Prescribed fire protection areas |
(2) | Local assistant for area |
(3) | Powers and duties of area assistant |
(4) | Fire commissioner may provide assistance |
(5) | Fees |
GENERAL MATTERS | |
33 | Guidelines for fire suppression and fire safety education programs |
34(1) | Training college |
(2) | Training and certification |
35 | Mutual aid districts |
36 | Fire commissioner may contract to provide services |
37(1) | Fires Prevention Fund continued |
(2) | Use of the fund |
(3) | Advances to the fund |
38(1) | Annual report of fire commissioner |
(2) | Tabling report in Assembly |
39 | Fire commissioner and deputies are peace officers |
40(1) | Fire commissioner's direction prevails |
(2) | Exception |
41 | Protection from liability |
42 | Evidentiary matters — certificate re delegation |
43(1) | Manner of service |
(2) | When order or notice mailed |
(3) | When order or notice sent electronically |
OFFENCES AND ENFORCEMENT | |
44(1) | Offences |
(2) | Separate offences |
(3) | Directors and officers of corporations |
45(1) | Penalty — individuals |
(2) | Penalty — corporations |
REGULATIONS | |
46(1) | Regulations |
(2) | Collection of prescribed fees and charges |
(3) | Regulation may provide for different application |
CONSEQUENTIAL AMENDMENTS | |
47 | C.C.S.M. c. E85 amended |
48 | C.C.S.M. c. M225 amended |
C.C.S.M. REFERENCE, REPEAL AND COMING INTO FORCE | |
49 | C.C.S.M. reference |
50 | Repeal |
51 | Coming into force |