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) | Delegation by local assistants | |
(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 |