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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 | 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 |
| 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 |