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REPEALED
Date: November 1, 2006
C.C.S.M. c. F80
The Fires Prevention and Emergency Response Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"burning permit area" means an area that is designated as a burning permit area under The Wildfires Act; (« zone de permis de feu »)
"department" means the department over which the minister presides; (« ministère »)
"emergency" means a present or imminent situation or condition that requires prompt action to prevent or limit
(a) loss of life,
(b) harm or damage to the safety, health or welfare of people, or
(c) damage to property or the environment; (« cas d'urgence »)
"emergency response services" means services provided at the site of an emergency by one or more provincial, regional or municipal authorities, including the following services:
(a) fire fighting,
(b) security and policing,
(c) emergency medical care,
(d) rescue,
(e) hazardous materials emergency response; (« services d'intervention d'urgence »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"property" means real and personal property. (« bien »)
S.M. 1997, c. 36, s. 39; S.M. 2002, c. 26, s. 19.
Repealed.
4 to 31 Repealed.
S.M. 1992, c. 58, s. 9; S.M. 1996, c. 58, s. 452; S.M. 1997, c. 36, s. 39.
Repealed.
FIRE COMMISSIONER
Appointment of fire commissioner and staff
An officer who shall be known and designated as: "The Fire Commissioner for Manitoba" (hereinafter called "the fire commissioner"), and one or more deputy fire commissioners and assistant fire commissioners, and such other officers, clerks, and employees, as are necessary for the purposes of this Act may be appointed as provided in The Civil Service Act.
The fire commissioner has charge, under the direction of the minister, of the administration and enforcement of this Part and any regulations made thereunder.
The fire commissioner may
(a) collect and disseminate information with regard to fires in the province;
(b) investigate conditions under which fires are likely to occur;
(c) study methods of fire prevention;
(d) render such advice and make such recommendations as he may deem advisable with regard to
(i) the establishment and administration of fire brigades and fire departments,
(ii) the provision of adequate water supply for fire fighting,
(iii) the enactment and enforcement by municipalities of by-laws for the prevention of fire or the protection of life and property against fire and dangerous goods,
(iv) the establishment of rural fire prevention areas and the extension of areas of fire protection by co-operative groups allied with fire departments,
(v) the establishment of regional and county mutual fire aid, and
(vi) the provision of suitable fire apparatus for the use of fire brigades and fire departments;
(e) establish, maintain and operate a central fire college for training of fire department officers;
(f) establish and operate regional fire schools for the training of fire officers or fire fighters;
(g) assist municipal councils and fire chiefs in training of fire fighters and fire prevention officers;
(h) assist in the administration, enforcement and delivery of The Wildfires Act;
(i) establish an incident management system that sets out the roles, responsibilities and standard procedures to be used to coordinate the delivery of emergency response services;
(j) coordinate emergency response services and resources according to the incident management system established under clause (i); and
(k) provide training in critical incident stress management, and coordinate emergency response personnel in the provision of critical incident stress management.
In an emergency, the fire commissioner may take any action that he or she considers necessary to protect the health or safety of people or to reduce or prevent serious damage to property or the environment, including
(a) evacuating any area or premises; and
(b) calling on the police or fire authorities having jurisdiction for assistance.
Emergency outside burning permit area
Where there arises an emergency from a fire or a fire hazard that is spreading or is likely to spread so as to endanger forests or property outside of a burning permit area, the fire commissioner may take such measures as he deems necessary or advisable to reduce or eliminate the emergency, and for that purpose he has the powers of the Director of Headquarters, Operations Division under The Wildfires Act.
Deputy fire commissioner acting as fire commissioner
The deputy fire commissioner or, where two or more deputy fire commissioners are appointed under subsection (1), the deputy fire commissioner designated for the purpose in writing by the fire commissioner or the minister, may act in the place of the fire commissioner
(a) in the absence of the fire commissioner; or
(b) during the illness or other physical disability of the fire commissioner; or
(c) in case of a vacancy in the office of the fire commissioner; or
(d) when ordered to do so by the fire commissioner;
and when the deputy fire commissioner acts for the fire commissioner or when he conducts an inquiry into the cause, origin and circumstances of a fire, he has all the powers of the fire commissioner.
Assistant fire commissioner acting as fire commissioner
An assistant fire commissioner may act in the place of the fire commissioner when ordered to do so by the fire commissioner and, while so acting, has all the powers of the fire commissioner.
The fire commissioner may, in writing, delegate to any person any power, authority, duty or function conferred or imposed on the fire commissioner by or under this Act or the regulations.
S.M. 1996, c. 58, s. 452; S.M. 1997, c. 36, s. 39; S.M. 2002, c. 26, s. 20.
Fire commissioner to inquire into cause of fires
Where a fire occurs in the province whereby any house or other building, or any property whatever therein, is wholly or in part consumed or injured, the fire commissioner whenever reasonably practicable, shall institute an inquiry into the cause or origin of the fire, and ascertain if possible whether it was kindled by design or was the result of negligence or accident, or how otherwise; and the inquiry may be made by him either in person or by a deputy fire commissioner, or by some competent person employed by him for that purpose.
Powers of persons inquiring into fire to hear evidence
Where any such person is employed by the fire commissioner to institute an inquiry into the cause or origin of a fire, the person or persons so employed shall, for the purposes of the inquiry, have the same powers that are conferred upon the fire commissioner under sections 47, 52 and 56, including the power to summon witnesses and to administer oaths.
Evidence of arson to be reported to Attorney-General
Where, upon an inquiry or investigation, the fire commissioner is of the opinion that there is evidence sufficient to charge any person with the crime of arson, or an attempt to commit arson, he shall at once report to the Attorney-General and furnish him with all such evidence, together with the names of the witnesses and all information obtained by him.
Commissioner may divide province into districts
The fire commissioner may divide the province into as many districts as he deems necessary, with proper reference to transportation and other considerations involved, and may for each district appoint one or more persons (hereinafter called "local assistants") as assistants to the fire commissioner.
The chief of the fire department of every municipality in which a fire department is established and the clerk of every other municipality is by virtue of the office held by him, a local assistant.
Every local assistant shall report in full, on a form furnished, the cause or origin of every fire in his district that comes to his knowledge.
The report shall be made to the fire commissioner at Winnipeg, within one week of the time the fire occurred.
Except in cities and towns having organized fire departments, there shall be paid to each such assistant to the fire commissioner out of the Consolidated Fund for every such report approved by the fire commissioner the sum of $3.; and in addition the necessary expenses incurred in getting the information.
Annual report of emergency response resources
Each of the following persons must provide an annual report to the fire commissioner setting out such information as the fire commissioner requires respecting emergency response resources in the area for which the person is responsible:
(a) in the case of a municipality, the head of its council;
(b) in the case of a local government district, its resident administrator;
(c) in the case of an incorporated community under The Northern Affairs Act, its mayor.
Every local assistant who neglects or fails to send a report to the fire commissioner, by mail or otherwise within the time required is guilty of an offence and is liable, on summary conviction, to a fine of not less than $1. or more than $10., and, in default of payment, to imprisonment for a term not exceeding one month.
Reports by fire insurance companies
Every fire insurance company shall, for each month, furnish to the fire commissioner, on a form provided for the purpose, a statement of every fire that occurs in the province in that month in which it is interested as insurer, showing in each case the name of the insured, his address, the location of the risk, the value of the building and contents, the amount of insurance carried, and the amount of loss sustained.
Each report shall be filed in the office of the fire commissioner within seven days after the end of the month to which it relates.
Preliminary report on fires of suspicious origin
Where a fire of suspicious origin occurs, the insuring company shall, as soon as possible, make a preliminary report to the fire commissioner, showing the name of the owner, the occupant of the premises burned, their location, use and occupancy, the date of the fire, and such facts and circumstances as come to its knowledge tending to establish the cause or origin of the fire.
Report additional to other reports
The report shall be in addition to, and not in lieu of, any report that the company may be required to make by any other law of the province.
Every person, firm, or corporation sustaining, or claiming to have sustained, a loss by a fire on property in Manitoba, shall make a report to the fire commissioner within five days after the occurrence of the fire, giving the date of fire, the amount of loss sustained, and such other information as may be called for by the fire commissioner.
Where the person, firm, or corporation, is insured wholly or partially by an insurance company not licensed under The Insurance Act, he or it shall also, within 10 days after complete proofs of loss are furnished to the company in which the insurance is placed, furnish to the fire commissioner a full statement of the amount of loss claimed from every such company.
Adjusters to report to commissioner monthly
Every person, firm, or corporation, acting in the capacity of an adjuster, engaged in making an adjustment of a loss or damage by fire, shall each month make a report to the fire commissioner respecting the adjustment upon such form as may be prescribed, and shall file the report with the fire commissioner within seven days after the end of each month, and the form shall contain particulars of all adjustments made during the month.
Every person whose duty it is to furnish or make to the fire commissioner any statement or report referred to in section 40, 41, 42, or 43, and who neglects or fails to perform that duty is guilty of an offence and liable, on summary conviction, to a fine not exceeding $10. and, in default of payment, to imprisonment for a period not exceeding one month; and every company that neglects or fails to furnish or make any such statement or report is guilty of an offence and liable, on summary conviction, to a fine of $10. for every day of such neglect or failure.
Fire commissioner not required to perform duties in certain cities, etc.
Nothing in this Act requires the fire commissioner to perform any duty prescribed by this Act in any city, town, village, or municipal district, including a city having a special charter, if the city, town, village, or municipal district has power to pass a by-law with respect thereto, whether or not any such by-law has been passed.
Committee to advise fire commissioner
The Lieutenant Governor in Council may, when requested to do so by any city, town, village, or municipal district, including a city having a special charter, appoint a committee representative of the city, town, village, or municipal district, and the province; and the committee, when so appointed, shall act in an advisory capacity to the fire commissioner and the city, town, village, or municipal district, in all matters relating to the inspection of buildings and fire prevention generally, and shall perform such other duties as may, by agreement between the city, town, village, or municipal district, and the fire commissioner, be delegated to it.
Powers of commissioner ex officio
The fire commissioner possesses, ex officio, all the power, authority and jurisdiction of a judge of the Court of Queen's Bench or a provincial judge for all purposes connected with any inquiry or investigation conducted by him under this Act; and he may summon before him all persons whom he deems capable of giving information or evidence touching or concerning a fire, and demand production of all books, papers, records, and documents, deemed by him to be pertinent to the inquiry.
The persons mentioned in section 46 shall be examined under oath before the fire commissioner, who may administer the oath, and shall reduce their examinations into writing, either with or without the intervention of a stenographer.
When a person summoned to appear before the fire commissioner neglects or refuses to appear at the time and place specified in the summons, then on proof of the service of the summons, either personally or by leaving it for him at his last or most usual place of abode, the fire commissioner may, if the circumstances seem to him to justify it, issue a warrant under his hand to bring and have that person, at a time and place to be therein mentioned, before him to give evidence and answer his contempt.
Where the fire commissioner is satisfied by evidence upon oath that it is probable that a person so summoned will not attend to give evidence without being compelled to do so, instead of issuing a summons he may, in the first instance, issue his warrant.
Committal for refusal to testify
Where, on the appearance of a person so summoned before the fire commissioner, either in obedience to the summons or on being brought before him by virtue of a warrant, the person refuses to be examined upon oath or refuses to take such an oath, or, having taken such an oath, refuses to answer the questions then put to him, without giving any just excuse for the refusal, the fire commissioner may, by warrant under his hand, commit the person so refusing to a common gaol, there to remain and be imprisoned for any period not exceeding one month, unless in the meantime he consents to be examined and to answer.
Commissioner's authority to arrest
The fire commissioner has the authority and jurisdiction of a peace officer for the arrest of a person disturbing the peace or stealing property at a fire.
The fire commissioner is entitled to command the service of one or more police officers or constables during an inquiry or investigation conducted by him under this Act, and for the service of any summons or the execution of warrants issued by him.
When commissioner to inquire into cause of wildfires
The fire commissioner, when requested so to do by the minister, shall institute an inquiry into the cause and origin of any wildfire or any other fire; and in proceeding with such an inquiry he has all the powers, authority, and privileges, conferred on him in reference to cities, towns and other municipalities in Manitoba.
Records of inquiries and investigations, etc.
The fire commissioner shall make, and keep in his office, a record of all inquiries and investigations made by him under this Act, together with all depositions, examinations and proceedings had and taken before him relative to the causes or origins of all fires investigated by him; and the record and papers are, at all times after the final closing of the inquiry or investigation, open to public inspection.
Right of entry in case of fire
The fire commissioner, a deputy fire commissioner, an assistant fire commissioner or a local assistant may, for the purpose of exercising the powers or performing the duties conferred or imposed upon him under this Act,
(a) at any hour of the day or night and with or without the consent of the owner or occupant, enter and examine any building or premises where a fire has occurred and any other building or premises adjoining it or near it;
(b) at any hour of the day or night and with or without the consent of the owner or occupant, enter and examine any building or premises where he has reason to believe that there may be a substance or device likely to cause a fire;
(c) for such period of time as may be required to complete the examination of a building or premises under clause (a) or (b) and with or without the consent of the owner or occupant, close the building or premises and prevent the entry therein or thereon by any person;
(d) with or without the consent of the owner or occupant, remove from any building or premises being examined under clause (a) or (b), and retain for examination, any article or material found therein or thereon that in his opinion may be of assistance in connection with any matter under investigation.
Inquiries or investigations may be private
Any inquiry or investigation held by or under the direction of the fire commissioner under this Act may, in his discretion, be private; and persons other than those required to be present by this Act may be excluded from the place where the inquiry or investigation is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined.
General power to examine buildings
Where
(a) the fire commissioner, a deputy fire commissioner or an assistant fire commissioner has reason to believe that there exists in or upon any building or premises; or
(b) a local assistant has reason to believe that there exists in or upon any building or premises within the district for which he is appointed;
a condition, activity or usage that is conducive to the outbreak or spread of fire, the fire commissioner, deputy fire commissioner, assistant fire commissioner or local assistant, as the case may be, may, at any reasonable hour and with or without the consent of the owner or occupant, enter and examine the building or premises to determine whether or not the condition, activity or usage exists therein or thereon.
Order to remedy dangerous conditions
Where, upon an examination under subsection (1) or otherwise,
(a) the fire commissioner, a deputy fire commissioner or an assistant fire commissioner finds that a building or other structure in any municipality, or a local assistant finds that a building or other structure in any municipality within the district for which he is appointed,
(i) is, for want of repair or by reason of age or dilapidated condition or by reason of the nature of its construction or the nature of the materials used in its construction or for any cause, especially liable to catch fire or to spread or accelerate the spread of fire, and
(ii) is so situated as to endanger other buildings or property, or is so occupied that a fire therein would endanger persons or property, or is in violation of a provision of this Part or any regulation made thereunder; or
(b) the fire commissioner, a deputy fire commissioner or an assistant fire commissioner finds in any building or structure or upon any premises, or a local assistant finds in any building or structure or upon any premises within the district for which he is appointed,
(i) any inflammable or explosive material dangerous to the safety of the building, structure or premises or any person therein or thereon or to the safety of any adjoining building, structure or premises or any person therein or thereon, or
(ii) any condition that is conducive to the outbreak, acceleration or spread of fire or that is in violation of a provision of this Part or any regulation made thereunder;
the fire commissioner, deputy fire commissioner, assistant fire commissioner or local assistant who makes the finding may
(c) in the circumstances described in clause (a), order the owner or occupant of the building or structure
(i) to repair it, or
(ii) to replace the materials used in its construction, or
(iii) to remedy the violation,
and may in the order specify a period of time within which the provisions of the order shall be carried out and specify the nature of the repairs that shall be made or of the construction materials that shall be used to replace the existing construction materials or the manner in which the violation shall be remedied; or
(d) in the circumstances described in clause (b), order the owner or occupant of the building or structure or premises
(i) to remove the inflammable or explosive material, or
(ii) to remedy the condition,
and may in the order specify a period of time within which the provisions of the order shall be carried out and specify the manner in which the inflammable or explosive material shall be removed or in which the condition shall be remedied.
Closure of dangerous structures
Where a fire commissioner, a deputy fire commissioner, an assistant fire commissioner or a local assistant makes a finding described in subsection (2), he may, subject to subsections (4) and (5) and in addition to or instead of making an order under subsection (2),
(a) by written notice, order any person occupying any part of the building or structure to terminate his occupancy forthwith; and
(b) cause the building or structure to be closed by means of padlocks, seals or otherwise for such period of time as he deems necessary in the interests of the safety of the public.
Where authority of fire commissioner required
Subject to subsection (5), a local assistant shall not take any action authorized under subsection (3) unless he has the written authority of the fire commissioner given after hearing the recommendations with respect thereto made by the chief of the fire department, if any, of the municipality in which the building is situated.
The fire commissioner shall not take any action under subsection (3) or authorize any action as provided under subsection (4) unless the action or the giving of the authorization is approved by the minister.
Opening a closed structure an offence
Any person who enters or attempts to enter a building that has been closed as provided in subsection (3) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50. or to imprisonment for not more than 10 days, or to both such a fine and such an imprisonment.
A person who feels himself aggrieved by an order made or action taken under subsection (3) may appeal to a judge of the Court of Queen's Bench as in the case of an appeal under subsection (13), and in that case subsections (14), (15), and (16) apply, with such modifications as the circumstances require, and the judge, if he deems that such action will not be contrary to the public interest, may, by order, direct that the appellant be permitted to open the building.
Order for removal or destruction of building
In the case of a building or structure to which clause 2(a) applies, the fire commissioner may, in place of making an order under subsection (2), order the building or structure to be removed or destroyed; but if the value of the building is more than $1,000., such an order shall have no effect unless it is approved in writing by the minister.
The person who makes an order under subsection (2) shall cause a copy thereof to be served
(a) upon the owner or the occupant of the building, if the order is to remove material or to remedy a dangerous condition otherwise than by repair of the building; and
(b) upon the owner and the occupant, if the order is to repair the building.
Copy of order under subsection (8)
The fire commissioner, on making an order under subsection (8), shall cause a copy thereof to be served upon the owner and the occupant of the building.
Where an order is made under subsection (2) by a person other than the fire commissioner,
(a) if the order is to remove material or to remedy a dangerous condition otherwise than by repair of a building, any person feeling himself aggrieved by the order may appeal therefrom by notice in writing to the fire commissioner, within 48 hours after being served with a copy thereof; and
(b) if the order is to repair a building, any person feeling himself aggrieved by the order may appeal therefrom by notice in writing to the fire commissioner, within 10 days after being served with a copy thereof.
On receipt of a written notice of appeal under subsection (11), the fire commissioner shall forthwith consider the order in respect of which the appeal is made, and shall affirm, modify, or revoke it and cause a copy of his decision to be served upon the appellant.
Where a person affected by an order made under subsection (8), or the appellant in the case of a decision made under subsection (12), is dissatisfied with the order or decision of the fire commissioner, he may, within five days of service upon him of a copy of the order or decision, apply by petition to a judge of the Court of Queen's Bench, in the administrative centre of the Court nearest to the place where the building or structure lies, to review the order or decision.
Where an order is, under this section, required to be served on any person it may be served on the person by personal service or by registered or certified mail; but a written notice under subsection (11) may be given by mailing it by registered mail addressed to the fire commissioner at his office, or by personally serving him or his deputy with a copy thereof.
The party appealing under subsection (13) shall file the petition in the administrative centre there specified, and he shall within five days of the filing, or within such extended time as the judge may allow, file in that administrative centre a bond in an amount to be fixed by the judge, in no case less than $100., with at least two sufficient sureties to be approved by the judge, conditioned to pay all the costs of the appeal in case he fails to sustain it, or such costs as may be awarded against him.
Upon the hearing of an appeal under subsection (13) the judge may either affirm, modify, or reverse, the order and the costs of the appeal are in his discretion and his order is final and subject to no further appeal.
Furnishing of copy of order to municipality
Where an order is made under subsection (8), on the expiration of all times for appeal or, if an appeal is made, on the final determination thereof and of any further appeal that any person may be entitled to make, the fire commissioner shall send, by registered mail, a copy of the order and of the amendments made thereto, if it has been amended on appeal, to the clerk of the municipality in which the building or structure is situated.
Where an order is made under subsection (8), if, on the expiration of 30 days from the last day on which an appeal or a further appeal therefrom may be made, or from the final determination of any such appeal, the order has not been complied with, the municipality may cause the building or structure to be removed or destroyed as set out in the order and the amendments thereto, if any, made on appeal, and may charge the cost thereof to the owner of the building or structure.
Costs charged against an owner under subsection (18) are a debt due from him to the municipality and may be recovered by it by action in any court of competent jurisdiction; or the municipality may charge the costs as a tax against the land on which the building or structure is situated and collect or recover them in like manner as other taxes may be collected or recovered by the municipality.
S.M. 1991-92, c. 41, s. 32.
An owner or occupant of any building, structure or premises who fails to comply with an order made under section 57 is guilty of an offence and is liable, on summary conviction, to a fine of not less than $10. or more than $500. for each day's neglect or failure to comply therewith, and in default of payment of the fine, to imprisonment for any term not exceeding 30 days.
Any person who hinders or obstructs the fire commissioner, a deputy fire commissioner, an assistant fire commissioner or a local assistant in the exercise of his powers or the performance of his duties under this Part is guilty of an offence and liable on summary conviction to a fine of not less than $25. or more than $500.
Sale of certain fire extinguishers prohibited
No person shall sell, offer for sale, purchase, use, or have in his possession in the province any portable fire extinguishers unless the design and construction thereof has been approved as prescribed in the regulations and it is marked or identified as prescribed in the regulations.
Regulations prescribing certain fire extinguishers
The Lieutenant Governor in Council may make regulations, not contrary to any provision of this Act, respecting the approval, and the imposition of conditions with regard to the design, registration of design, construction, inspection, testing, marking, and identification, of portable fire extinguishers.
Any person who contravenes or refuses, neglects, omits, or fails to observe any provision of subsection (1) or of a regulation made under subsection (2) is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $100. or to imprisonment for not more than 15 days or to both.
Places for holding inquiries, etc.
Every city and town shall provide a suitable place for the holding of investigations and public inquiries by the fire commissioner or his deputy; and, until such a place is provided, the investigations and inquiries may be held in the court room of the provincial court, but at such times as shall not interfere with the use of the court room for the holding of the court.
R.S.M. 1987 Corr.
Order to withhold insurance money
The fire commissioner may, where he deems it advisable in the public interest, order the withholding of payment of insurance money that may become payable by reason of a fire, for a period not exceeding 60 days from the occurrence of the fire, pending an investigation of the cause and circumstances of the fire.
The fire commissioner shall keep such registers and books of account as may be prescribed by the Lieutenant Governor in Council.
Commissioner not to engage in other business
The fire commissioner shall not engage in any other business, and he or his deputy, or one of his assistants, shall at all times be in his office ready for such duties as are required by this Act.
The fire commissioner shall submit annually, as early as consistent with full and accurate preparation, a detailed report of his official actions to the minister, who shall embody the material portions thereof in his annual report to the Lieutenant Governor.
Witnesses summoned by the fire commissioner are entitled to receive the same fees as are payable to witnesses under The Queen's Bench Act.
In this section "property insurance" means insurance against the loss of, or the damage to, property but does not include insurance coming within the class of aircraft insurance, automobile insurance, or hail insurance, as those expressions are defined in The Insurance Act but does include insurance against loss or damage to an automobile caused by fire when that insurance is not incidental to automobile insurance as defined in The Insurance Act.
For the purpose of partly defraying the expenses of administration of this Act, in addition to any tax or fee required to be paid under any other Act of the Legislature or regulation made thereunder, every person transacting property insurance as an insurer licensed under The Insurance Act, or as an attorney for a reciprocal or inter-insurance exchange, shall pay to the Minister of Finance, not later than March 31, in each year, an amount equal to a percentage, not exceeding 2%, fixed by the Lieutenant Governor in Council, of the moneys received in the preceding calendar year as premiums and assessments in respect of property insurance less any return premiums, cancellations, or money returned or credits allowed to subscribers in respect of property insurance, as reported to the Superintendent of Insurance.
Assessment for unlicensed insurance
Each person purchasing or obtaining in any year a contract of property insurance from a person who is not licensed as an insurer under The Insurance Act shall pay to the Minister of Finance not later than March 31, in the next succeeding year, an amount equal to the percentage, fixed under subsection (2), of the premium or assessment paid or charged in respect of the property insurance.
DISBURSEMENTS FROM FIRES PREVENTION FUND
All moneys paid under section 66 shall be credited to an account to be known as: "The Fires Prevention Fund" and the money at the credit of the account shall be paid out on the order of the minister, which order shall certify that the expenditure is for the purposes of this Act only.
Temporary advances by Minister of Finance to fund
Where, in any fiscal year of the government, the expenditures made or that, in the opinion of the minister, are likely to be made before the end of that fiscal year, from The Fires Prevention Fund have exhausted or, in the opinion of the minister, are likely to exhaust, the moneys to the credit of that fund, the Minister of Finance, on the written requisition of the minister, may, from and out of the Consolidated Fund, advance as a loan to The Fires Prevention Fund in any fiscal year such amounts as, in the opinion of the minister, are required to meet the deficit or anticipated deficit in that fund.
Where advances have been made as provided in subsection (2) in any fiscal year, the minister shall, from the moneys payable under section 66 to The Fires Prevention Fund in respect of that fiscal year and, if necessary, subsequent fiscal years, repay to the Minister of Finance the amounts advanced.
For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing the Lieutenant Governor in Council may make regulations
(a) prescribing standards of design, construction, inspection, testing, installation, operation, maintenance, repair and alterations for the prevention of fire, or reducing the risk of fire, in buildings and premises, and requirements for the approval of the foregoing, prescribing the markings or identifying words or symbols that shall be used to denote compliance with the prescribed standards or that any required approval has been obtained, and prescribing the manner in which and the place where the markings or identifying words or symbols shall be affixed;
(b) specifying equipment that must be operated and used in specified classes of buildings or premises to prevent or reduce the risk of fire;
(c) adopting and constituting as regulations with respect to any matter mentioned in clause (a) or (b), or both, any relevant codes, rules, or standards, or any part thereof, with or without variation;
(d) prescribing, within the limits of the legislative powers of the province, safety measures that shall be observed in the storage, sale, transportation or use of such combustibles and other dangerous goods as may be listed or described in the regulation;
(e) prescribing standards and requirements respecting the installation and maintenance of automatic or other fire alarm systems and fire extinguishing equipment;
(f) prescribing standards and requirements respecting the construction, maintenance and regulation of fire escapes;
(g) prescribing standards and requirements respecting the means and adequacy of exit, in case of fire, from buildings or premises;
(h) prescribing tuition fees payable at a central fire college established under clause 35(3)(e) or at a regional fire school established under clause 35(3)(f).
Application of regulation to part of province
A regulation under this section may be made to apply to the whole province or a part of the province.
S.M. 1988-89, c. 9, s. 2.
Conflict with municipal by-law
Where there is a conflict between a provision of this Part or a regulation made thereunder and a provision of a municipal by-law, the provision of this Part or the regulation prevails but, where the provision of the municipal by-law is more restrictive than the provision of this Part or the regulation, the provision of the municipal by-law prevails.
Nothing in this Act limits, abridges, interferes with, or otherwise affects, the right of any person to bring and maintain a civil action for damages occasioned by fire.
Any person who contravenes, or neglects, omits, fails, or refuses, to observe any provision of this Act or of the regulations is guilty of an offence and, where no other penalty is provided therefor, is liable, on summary conviction, to a fine not exceeding $200. or to imprisonment for a term not exceeding 12 months, or to both.
Indirect breaches of Act an offence
Any person who, directly or indirectly, by himself, his employee, servant, or agent, does or causes to be done, or who knowingly permits to be done, on land owned or occupied by him, an act prohibited by any provision of this Act or the regulations is guilty of a breach of that provision and is liable to the penalty herein provided therefor.
Every person is a party to, and guilty of, any offence created under this Act who
(a) actually commits it; or
(b) does or omits an act for the purpose of aiding any person to commit the offence; or
(c) abets any person in commission of the offence; or
(d) counsels or procures any person to commit the offence.
SCHEDULE
Repealed.