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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 | (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 | Repealed | |
| 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 | |