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The Fires Prevention and Emergency Response Act

C.C.S.M. c. F80

The Fires Prevention and Emergency Response Act

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 (1) Staff of fire commissioner's office
(2) Appointment of designated inspectors
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 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
Administrative Penalties
15.1 (1) Administrative penalty
(2) Amount of penalty
(3) When penalty may be imposed
(4) Notice
(5) Serving the notice
15.2 (1) Payment
(2) Disposition of penalty amounts
(3) Debt due to government
(4) Certificate registered in court
(5) No offence to be charged if penalty is paid
Appeals
16 (1) Appeal to court
(2) Grounds for appeal
(3) Time to appeal
(4) Fire commissioner is a party
(5) Stay pending appeal
(6) Decision of court
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 establish 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 Repealed
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
47 and 48
C.C.S.M. REFERENCE, REPEAL AND COMING INTO FORCE
49 C.C.S.M. reference
50 Repeal
51 Coming into force