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The Fires Prevention Act
This is an unofficial archived version of The Fires Prevention Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. F80

The Fires Prevention Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions.

1

In this Act,

"burning permit" means a permit issued under section 21; ("permis de feu")

"closed season" means the period commencing with April 1 and ending with November 15 in each year or as it may be extended, shortened, or varied, by the regulations, and such one or more other periods as may be designated in the regulations as a closed season; ("période d'interdiction")

"department" in Part I or Part II means the department of the Executive Government of the province of which the minister charged with the administration of that Part is the chief administrative officer; ("ministère" )

"fire protection" in Part I means activities concerned with the prevention, detection, and extinguishment, of fires in portions of the province that are not in an urban area; and includes the prevention of fire occurrence and of the spread of fire on lands not in an urban area where human life, property, protective vegetation, forage, or wild life, is endangered by the fire; ("protection contre les incendies")

"fire ranger" means a person appointed as a fire ranger under section 13; ("garde-feu patrouilleur")

"fire guardian" includes

(a) the provincial forester, fire control officers, foresters, regional directors, regional supervisors, and all conservation officers, engineering aids and technicians employed in the department;

(b)all regional park supervisors and conservation officers employed in the Parks Branch of The Department of Tourism and Recreation;

(c) persons appointed or designated under section 13 as temporary fire wardens, fire guardians or honorary fire guardians; and

(d) officers and constables of the Royal Canadian Mounted Police; ("garde-feu" )

"forest officer" means a fire guardian; ("agent des forêts")

"minister" in Part I or Part II means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of that Part; ("ministre" )

"operation" in Part I means any work, workings, or activities, for or in connection with the development or maintenance of agriculture, natural resources utilization, industry, public works, or public utilities; ("exploitation" )

"property" includes all property, real, personal, and mixed, movable and immovable; ("biens" )

"Provincial Forester" means the Director of the Forestry Branch in the department; ("directeur des Forêts")

"set out" means to ignite in the open; ("allumer")

"travel permit" means a permit issued under section 22; ("permis de circulation")

"urban area" means a city, town, or village; ("région urbaine")

"wooded district" in Part I means one of the districts or areas described in the Schedule and any other territory designated as a wooded district by order of the Lieutenant Governor in Council as provided in section 18; ("district boisé")

"work permit" means a permit issued under section 29. ("permis de travail")

Municipal fire guardians and constables.

2

A municipal fire guardian appointed under section 14 and a municipal constable are each, by virtue of his office, a fire guardian within the municipality only.

Civil rights.

3

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.

PART I

FOREST AND PRAIRIE FIRES

Application of Act.

4

This Part does not apply to urban areas.

Prohibition of dangerous fires.

5

No person shall set out a fire that spreads or is likely to spread so as to endanger forests or property.

Fireguards for haystacks, etc.

6(1)

No person shall set out fire for the purpose of burning a fireguard to protect a stack or pile of forage or cereal products, unless he first ploughs

(a) a strip not less than eight feet wide completely around the stack or pile at a distance of 20 yards from the nearest part thereof; and

(b) another such strip at each interval of 20 yards outwards from the strip mentioned in clause (a) to the outer limit of the fireguard.

Precautions in making fireguard.

6(2)

While fire is burning for the creation of a fireguard as mentioned in subsection (1), not less than three adult persons shall be present at the fire and shall assist in the control thereof.

Offence and penalty.

6(3)

Any person who contravenes, or neglects, omits, fails, or refuses, to observe any provision of this section is guilty of an offence and is liable, on summary conviction, to a fine of not more than $200. or less than $50., and in default of payment thereof to imprisonment for a term not exceeding 12 months.

General precautions when setting out fire.

7(1)

No person shall set out fire for the purpose of guarding property, burning crops or stubble, or clearing land, unless the land on which the fire is set out is completely surrounded

(a) by a ploughed fireguard not less than 20 feet wide; or

(b) by a strip of land not less than 20 feet wide, free from all inflammable material or on which all inflammable material is covered by snow or water.

Offence and penalty.

7(2)

Any person who contravenes, or neglects, omits, fails, or refuses to observe, any provision of subsection (1) is guilty of an offence and liable, on summary conviction,

(a) to a fine of not more than $100., and in default of payment thereof to imprisonment for a term of not more than three months; and

(b) if the fire set out spreads and damages forests or property, to a fine of not more than $300. or less than $50., and in default of payment thereof to imprisonment for a term of not less than six months or more than 15 months.

Further offence and penalty.

7(3)

Any person who, having set out a fire for the purpose mentioned in subsection (1), and observed the requirements of that subsection, fails to prevent the fire spreading beyond the fireguard mentioned in clause (a) thereof, or the strip of land mentioned in clause (b) thereof, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $100., and in default of payment thereof to imprisonment for a term of not more than three months.

Fire running at large prohibited.

8(1)

No person shall

(a) set out a fire that runs at large on any land, not his own property; or

(b) permit or fail to prevent fire from passing from his own land or land occupied by him to the injury of the property of any other person.

Offence and penalty.

8(2)

Any person who contravenes, or neglects, omits, fails, or refuses, to observe any provision of subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $200. or less than $50., and in default of payment thereof to imprisonment for a term not exceeding 12 months.

Failure to prevent fire spreading.

9

Any person who

(a) sets out a fire and leaves it burning, without taking effectual measures to prevent it spreading in or to any other land, not his own property; or

(b) sets out a fire in the open for camping, branding, or any other like purpose, and leaves it without extinguishing it;

is guilty of an offence and is liable, on summary conviction, to a fine of not more than $100. or less than $10., and in default of payment thereof to imprisonment for a term not exceeding six months.

Assistance of owner of land in extinguishing fire.

10

When fire that threatens the destruction of any property is being extinguished, the owner of the property and his employees, sixteen years of age or over, shall, unless physically unable to do so, upon the request of a fire guardian, assist in extinguishing the fire with such of the owner's tools, equipment, and machinery, as are designated by a fire guardian; and the owner and his employees are not entitled to any payment or remuneration therefor from the government.

Destruction of fire fighting equipment prohibited.

11

No person shall, without lawful authority, destroy, deface, damage, interfere with, or remove, any structures, stores or equipment, notices, or signs, provided or intended to be used for fire protection.

Hindrance of fire guard prohibited.

12

No person shall hinder, obstruct, or impede, a fire guardian in the performance of his duty.

FIRE PROTECTION

Provincial Forester and his duties.

13(1)

The Provincial Forester has charge, under the direction of the minister, of the administration and enforcement of this Part and any regulations made thereunder, and for that purpose, has the powers of The Fire Commissioner for Manitoba under Part II.

Appointment of fire rangers.

13(2)

Provisional employees to be known as "fire rangers" may be appointed as provided in The Civil Service Act.

Appointment or designation of fire guardians and temporary fire wardens.

13(3)

The minister and, if authorized in writing by the minister, the Provincial Forester may,

(a) subject to The Civil Service Act, appoint temporary fire wardens who shall be casual employees as defined in that Act; and

(b) designate as a fire guardian any employee or term employee in the civil service of the province, for such period as the minister or the Provincial Forester may specify.

Duties of temporary fire wardens.

13(4)

Notwithstanding any other provision of this Act, the minister or the Provincial Forester shall give each casual employee who is appointed a temporary fire warden instructions, in writing where circumstances permit, stating the duties of the temporary fire warden and the provisions of this Act and the regulations that he is required to enforce; and such a temporary fire warden shall comply with the instructions and his authority and duties are limited as therein stated.

Remuneration of fire guardians who are civil servants.

13(5)

A member of the civil service designated as a fire guardian under clause 3(b) shall receive no additional remuneration solely by reason of being so designated.

Appointment of honorary fire guardians.

13(6)

The minister may appoint such numbers of honorary tire guardians as may be required for the purposes of this Act.

Honorary tire guardians, their duties and remuneration.

13(7)

An honorary fire guardian shall receive no remuneration for acting as such, and while so acting shall wear a badge, which shall be furnished to him by the minister and shall show that he is an honorary fire guardian.

Powers of honorary fire guardian.

13(8)

The Provincial Forester shall give to each honorary fire guardian written instructions stating the provisions of this Act and the regulations that the honorary fire guardian is required to enforce; and, notwithstanding any other provision of this Act, an honorary fire guardian shall comply with the instructions and his authority and duties are limited as therein stated.

Municipal fire guardians.

14

The council of each rural municipality to which this Part applies shall, at its first meeting in each year, appoint by by-law a sufficient number of resident householders in the municipality to be fire guardians and to carry out this Act and the regulations with respect to fire protection in the municipality.

POWERS OF FIRE GUARDIANS AND FOREST OFFICERS

Power of fire guardians to summon assistance.

15(1)

A fire guardian may order any person 16 years of age or over residing or found in, or within 15 miles of, a wooded district to assist forthwith in extinguishing forest, brush, or grass, fires in that wooded district.

Assistance outside a district.

15(2)

A fire guardian may order any person 16 years or over residing or found within 15 miles of a forest, brush, or grass, fire outside a wooded district, to assist forthwith in extinguishing the fire.

Right of fire guardian to requisition tools and equipment.

15(3)

A fire guardian may order any person mentioned in subsection (1) or (2) who is the owner or person in charge of any tools or equipment required for extinguishing a forest, brush, or grass, fire to proceed forthwith with the tools and equipment to that fire, and use for fire protection such of the tools and equipment as the fire guardian or the person in charge of the fire fighting may direct, or permit them to be used for that purpose.

Persons exempted from giving aid.

15(4)

Subsections (1), (2) and (3) do not apply to persons physically unfit, doctors, telephone operators, boat crews, railway employees engaged in labour immediately necessary to the safety of trains, or any other person who for any reason is exempted under the instructions of the Provincial Forester.

Duty of compliance with orders of fire guardian.

15(5)

Every person to whom an order is lawfully given by a fire guardian pursuant to this section shall comply therewith.

Arrest by forest officer.

16

A forest officer may, on view, without warrant or legal process, arrest and bring before a magistrate or justice of the peace, to be dealt with according to law, any person found violating any provision of this Part.

WOODED DISTRICTS

Application of secs. 18 to 29.

17

Sections 18 to 29 apply only to wooded districts and unorganized territory.

Designation of wooded districts.

18

The Lieutenant Governor in Council may, by order in council, designate any part of the province as a wooded district under this Act.

Agreements respecting fire protection.

19

The minister, on behalf of the government, may enter into agreements respecting fire protection in wooded districts with

(a) Her Majesty in right of Canada;

(b) a municipality or local government district that is wholly or partly within a wooded district;

or

(c) any person who is the owner or lessee of lands or timber limits lying wholly or partly within a wooded district.

Fires in closed season prohibited.

20

Subject as herein provided, no person shall set out a fire in a wooded district or unorganized territory during the closed season.

BURNING PERMITS

Issue of burning permit.

21(1)

Where land in a wooded district or unorganized territory is being cleared or operated for agricultural purposes or is occupied and used in connection with a domestic establishment, a fire guardian may issue a written permit to the owner, tenant, or occupant thereof, authorizing the permittee to set out fire thereon.

Burning permits for operations requiring fire.

21(2)

Before beginning an operation that requires the use of fire in a wooded district or unorganized territory, the person intending to carry out the operation shall apply to a fire guardian for, and obtain from him, a burning permit.

Issue or refusal of permit

21(3)

A fire guardian, in his discretion, may issue or refuse to issue the burning permit for which application is made.

Safeguards required by fire guardian.

21(4)

A fire guardian may prescribe the safeguards that he deems necessary and that shall be used for the control of fires that my be caused, directly or indirectly, by an operation, and he may limit the period under which the operation may be carried on.

Offence.

21(5)

Subject to subsection (6), any person who carries on an operation in which fire is set out without having obtained a burning permit in respect thereof or after receiving notice of the cancellation or suspension of the burning permit issued in respect thereof, is guilty of a separate and distinct offence for each day the operation is so carried on.

Separate offences and penalties.

21(6)

In a prosecution under this section, any number of offences committed by the same person may be included in the one information if the information, and the summons or warrant issued thereon, contains specifically the time and place of the commission of each offence; but one conviction for several offences, providing a separate penalty for each offence, may be made under this section.

Bond required before issue of permit.

21(7)

A fire guardian may refuse to issue a burning permit in respect of any operation to any person convicted under this section with respect to that operation until such time as the person furnishes to the minister a bond, in such an amount and subject to such conditions as may be satisfactory to the Provincial Forester, to ensure compliance by that person with this Act and the regulations.

Cancellation or suspension of permit.

21(8)

A burning permit may be cancelled or suspended at any time by a fire guardian.

Action upon cancellation or suspension.

21(9)

Upon receiving notice of the cancellation or suspension of a burning permit, the permittee shall refrain from setting out further fires, and shall extinguish or fireguard, to the satisfaction of the fire guardian, any fire set out under the authority of such a permit.

Authority given by burning permit

21(10)

A burning permit shall authorize the permittee to set out fire only in accordance with

(a) the terms and conditions contained in the permit;

(b) this Act and the regulations;

(c) any safeguards prescribed by a fire guardian under subsection (4).

Responsibility of permittee.

21(11)

The possession of a burning permit does not reduce the responsibility of the permittee for the control of a fire set out under the authority of the permit.

Fire for cooking and warmth.

21(12)

Any person may in an emergency without a burning permit, set out a fire during the closed season for the purpose of cooking or obtaining warmth therefrom.

Offence and penalty.

21(13)

Any person, whether in possession of a burning permit or not, who sets out fire that spreads or escapes, or that is left in such a condition that it may spread or escape, is guilty of an offence and is liable, on summary conviction, to a fine of not more than $200. and, in default of payment thereof, to imprisonment for a term of not more than 12 months, and, in addition, may be ordered to pay such part of the cost of controlling and extinguishing the fire as the court may direct.

TRAVEL PERMIT AREAS

Establishment of travel permit areas.

22(1)

The Provincial Forester may establish in any part of a wooded district an area to be known as a "travel permit area", by giving notice of the establishment thereof as provided in subsections (2) and (3).

Notice of establishment.

22(2)

The Provincial Forester shall cause the boundaries of a travel permit area to be marked by posting up a suitable notice describing the travel permit area and stating the boundaries thereof; and the notice shall be posted in a prominent position at each point where a public road enters the area.

Newspaper.

22(3)

Forthwith after the establishment of a travel permit area, the Provincial Forester shall cause to be published in a newspaper having a circulation in the district in which the travel permit area is situated, a suitable notice stating that the area has been established and describing it, and stating the boundaries thereof.

Permits respecting travel permit areas.

22(4)

Where a travel permit area is established, no person shall travel or remain therein unless he holds a valid and subsisting permit for the purpose issued as herein provided.

General refusal of permits.

22(5)

Where he deems it advisable to do so, the Provincial Forester may direct that no permits be issued in respect of a travel permit area.

Issue of permit

22(6)

Subject to the direction of the Provincial Forester, a fire guardian may, in his discretion, issue or refuse to issue to any person a permit in respect of any travel permit area; and the permit shall be in such form, and shall set out such restriction on travel within the area, as may be prescribed by the Provincial Forester.

Offence.

22(7)

Any person who contravenes, or neglects, omits, fails, or refuses, to comply with any provision of this section is guilty of an offence; and any fire guardian may, on view, without warrant or legal process, arrest and bring before a magistrate or a justice of the peace any person found in a travel permit area without a permit authorizing him to be therein.

Where subsecs. (4), (5), (6) and (7) not applicable.

22(8)

Subject to subsection (10), subsections (4), (5), (6) and (7) do not apply to

(a) the owner, purchaser, lessee, or tenant, of land situated in a travel permit area;

(b) the licensee or employee of any such owner, purchaser, or lessee;

(c) a member of the family or household of any such owner, purchaser, or lessee, who resides with him on lands in the travel permit area;

(d) an employee of the government on duty in the travel permit area.

Highways excluded.

22(9)

A person travelling on a provincial trunk highway or on a provincial road within the meaning of The Highways Department Act does not require to obtain, or to have, a permit under this section while he is on that highway or road.

Suspension and revocation of permits and exemptions.

22(10)

The Provincial Forester may suspend or revoke a permit issued under this section, and may suspend or cancel the exemption enjoyed by any person under subsection (8).

Information to be given on request

22(11)

Any person found within a travel permit area shall give to any fire guardian requesting it such information regarding his business, route, and destination, as may be requested by him; and any such person shall exhibit to the fire guardian the permit authorizing him to be in the area.

Order limiting fires and restricting travel.

23(1)

The Provincial Forester may, by order, prohibit the setting out of open fires in the province or any part of the province or place general restrictions on travel in any part of the province and may revoke any such order.

Procedure on order.

23(2)

Where the Provincial Forester makes an order under subsection (1), he shall

(a) cause a copy thereof to be published in a newspaper having a general circulation in the area affected by the order; and

(b) if it applies to only part of the province, cause the boundaries of that part to be marked as provided in subsection 22(2).

Offence.

23(3)

A person who contravenes, or fails, omits or neglects to comply with an order made under subsection (1) is guilty of an offence.

Application of Regulations Act.

24

The Regulations Act does not apply to the establishment of a travel permit area under section 22 or to an order made under section 23.

FIRE HAZARDS

Removal of fire hazard.

25(1)

Where a forest officer has reasonable and probable grounds to believe that any work or action needs to be done, taken, or performed in order to remove a fire hazard caused by an operation on land in a wooded district, the forest officer may, in writing, order the owner, occupant, or person in charge of the operation, to do the work or to take or perform the action within the time specified in the order; and, in default of the work being done or the action being taken or performed within the time specified, any forest officer, on the instructions of the Provincial Forester, may enter upon the land with such assistants and equipment as are reasonably necessary, and forthwith do the work, or take or perform the action, in such manner as is reasonably necessary to remove the fire hazard.

Recovery of cost of fire hazard removal.

25(2)

The cost of any work done, or any action taken or performed, by the forest officer or his assistants under subsection (1) shall be borne and paid by the person to whom the order under subsection (1) was directed, and is recoverable from him by the minister, as a debt due to the government, by action in any court of competent jurisdiction.

Offence.

25(3)

Any person who neglects, omits, fails, or refuses, to obey or carry out an order given by a forest officer under subsection (1) is guilty of an offence.

Burning of inflammable material.

26(1)

Unless otherwise ordered in writing by a forest officer, every person

(a) clearing land for a right-of-way,

(b) removing timber for an operation, shall pile and burn on the right-of-way or the site of the operation, as the case may be, all refuse, non-merchantable timber, brush, and other inflammable material cut or accumulated thereon, in accordance with the instructions of the forest officer and subject to the requirements of this Part in respect of burning permits.

Removal.

26(2)

In any operation during which trees or brush are felled, the person in charge of the operation shall forthwith remove, or cause to be removed, any such felled trees or brush that have fallen on the land outside the area comprised in the operation.

Camp, mine, sawmill, or portable or stationary engine.

26(3)

Every person, having charge of a camp, mine, sawmill, or portable or stationary engine, located within a wooded district, shall have the area surrounding the camp, mine, sawmill, or engine, cleared of inflammable material for a distance of at least 300 feet in all directions, or guarded against fire in such manner as may, in any special case, be prescribed from time to time by the forest officer.

FIRE SUPPRESSION

Duty of municipality respecting extinguishment of fire.

27(1)

The council of any municipality within or partly within a wooded district shall do all things necessary to extinguish grass, brush, prairie or forest fires in those portions of the municipality within the wooded district; and the costs and expenses thereof, except as herein otherwise provided, shall be borne by the municipality.

Action of forest officer on default by municipality.

27(2)

Where the action taken by a municipality in fighting any such fire is, in the opinion of a forest officer, not adequate, the forest officer may do whatever is, in his opinion, necessary to control and extinguish the fire.

Payment of costs by municipality.

27(3)

Any costs and expenses incurred by the government in controlling or extinguishing such a fire are a debt due by the municipality to the government, and upon presentation of an account of the costs and expenses certified by the Provincial Forester, the treasurer of the municipality shall pay it.

Action to recover costs.

27(4)

Where an account mentioned in subsection (3) is not paid within 60 days after presentation thereof, the minister, on behalf of the government, may recover the amount thereof by suit in any court of competent jurisdiction.

Cost of extinguishing fire beginning on Crown lands.

27(5)

Upon satisfactory proof being furnished by a municipality that a fire has started on Crown lands and has spread to other lands within the municipality, half of the total cost of extinguishing the fire shall be borne by the government.

Cost of extinguishing fire on Crown lands.

27(6)

Where a grass, brush, prairie, or forest, fire is confined entirely to Crown lands, the total cost of extinguishing it shall be borne by the government.

Agreements for control of fires.

27(7)

The council of any rural municipality may enter into contracts or agreements with the minister or any other person for the prevention and control of grass, brush, prairie, and forest fires.

By-laws for suppression of fires.

27(8)

The council of each rural municipality shall, at its first meeting in each calendar year, pass whatever by-laws are necessary to enable a municipality to comply with this Part.

Furnishing of copies of by-laws.

27(9)

The clerk of each rural municipality shall forward to the Provincial Forester a certified copy of every by-law passed as provided in subsection (8), together with the names and addresses of all councillors elected and municipal fire guardians appointed.

Remuneration of municipal fire fighters.

28

Where municipal fire guardians are employed by a municipality, or where residents of a municipality are called out to fight fire by the fire guardians of the municipality, they shall be paid, at the rates specified in the regulations, out of funds provided for that purpose by the municipal council.

Work permit required.

29(1)

No person shall

(a) carry on any logging, mining, or industrial, operation; or

(b) clear land for any purpose other than agriculture or the building of a summer cottage on a lot situated within a provincial recreational area or a provincial park acquired or leased from the Crown for that purpose; or

(c) construct any dam, bridge, or camp; or

(d) construct, establish, or operate a mill for the purpose of manufacturing timber products; or

(e) carry on any other operation that is likely to cause the accumulation of slash or debris;

in a wooded district or unorganized territory unless, prior to the commencement thereof, he has applied to a fire guardian for, and obtained from him, a work permit for the operation, clearing, construction, or establishment, as the case may be.

Application for work permit

29(2)

An application for a work permit shall be in the form prescribed in the regulations and shall describe the lands upon which the work is to be carried on and state the character of the work, the number of persons to be employed, the location of any camps, and the probable duration of the work.

Powers of fire guardian.

29(3)

A fire guardian may

(a) issue a work permit to an applicant therefor and prescribe conditions subject to which the work permit is issued;

(b) refuse to issue a work permit to an applicant therefor;

(c) limit the period during which work may be done under a work permit;

(d) require a person to whom he has issued a work permit to maintain fire fighting equipment in good repair at locations specified in the work permit for the control of fires that might be caused either directly or indirectly by the work.

Cancellation of work permit.

29(4)

A fire guardian may at any time cancel a work permit issued under this section.

Offence and payment of damages.

29(5)

Any person, whether in possession of a work permit or not, who in the course of an operation in respect of which a work permit is required, sets out, either by himself, his employees, or someone on his behalf, a fire that spreads or escapes, or that is left in such a condition that it may spread or escape, is guilty of an offence and liable, on summary conviction, to a fine of not more than $200. or to imprisonment for a term of not more than one year, or to both, and, upon conviction, the court or magistrate convicting him may order him to pay all or part of the costs of controlling and extinguishing the fire.

Expiration of work permit.

29(6)

A work permit shall describe the work to be carried on and describe the lands upon which the work is to be carried on and, unless it is by its terms terminated prior thereto, or it is sooner cancelled, shall expire on March 31 next following the date of its issue.

Conditions of permit

29(7)

Where a fire guardian issues a work permit subject to conditions, the conditions shall be set out in the work permit.

Cessation of work not covered by work permit

29(8)

Where a fire guardian finds work of a kind for which a work permit is required being done without a work permit, he may give notice to the person doing the work that the work must cease until a work permit is obtained for the work; and any person doing work after such notice has been given to him is, in addition to any other penalty in respect of which he is liable, liable, upon conviction, to a fine of not less than $25. for each day such work is continued after the notice.

Bond may be required.

29(9)

Where an applicant for a work permit has been convicted of an offence under this Act with respect to failure to have a work permit, the fire guardian may require him to furnish to the minister a bond in such amount and on such terms and conditions as are satisfactory to the Provincial Forester.

Appeal of refusal.

30(1)

Where a fire guardian refuses to issue a burning permit, a travel permit or a work permit, the applicant therefor may appeal the refusal to the minister whose decision thereon is final.

Appeal of cancellation.

30(2)

Where a fire guardian cancels or revokes a burning permit, a travel permit or a work permit, the person who held the permit may appeal the cancellation or revocation to the minister whose decision thereon is final.

Appeal of conditions.

30(3)

Where a fire guardian issues a burning permit, a travel permit or a work permit subject to conditions, the permittee may appeal to the minister to vary or remove the conditions and the minister's decision thereon is final.

FIRES RESULTING FROM RAILWAY OPERATIONS

Application of Part to railways.

31(1)

Where a railway that is not subject to the jurisdiction of the Canadian Transport Commission is operated in a wooded district, the operator and that railway are subject to this Part and the regulations.

Instructions to railways.

31(2)

The Provincial Forester may issue special instructions, not inconsistent with this Act and the regulations, to the operator of any such railway for the purpose of preventing and suppressing fires during the closed season; and the operator shall, on receipt of the instructions, immediately comply therewith.

Responsibility of railway operators.

31(3)

The operator of such a railway is responsible for the suppression of all fires originating within 300 feet of the centre line of the railway track of the railway.

Action of forest officer and recovery of cost.

31(4)

A forest officer, if he deems it necessary, may take action to extinguish any fire for the suppression of which the operator of such a railway is responsible, and for that purpose may make use of such extra aid as he deems necessary; and the cost of any such action, is a debt due to the government from the operator of the railway, and is recoverable by the minister, on behalf of the government, from the operator in any court of competent jurisdiction.

Entry on adjoining lands.

31(5)

The employees of the operator of any such railway may enter upon any land adjoining the railway right-of-way for the purpose of extinguishing fire.

Refund to railway operator.

31(6)

Where it is proved to the satisfaction of the minister that a fire originating within 300 feet of the centre line of the railway track of such a railway was not caused by the operator of the railway or by the employees of the operator thereof, the operator is entitled to a refund from the minister of any moneys paid by the operator for the suppression of the fire; and the minister, on behalf of the government, may recover from the person responsible for the fire, in any court of competent jurisdiction, any moneys expended by the government in controlling and extinguishing the fire.

Supervisors of railway fire prevention.

31(7)

All forest officers are supervisors of railway fire prevention and suppression.

Power of forest officer to requisition help from railway.

31(8)

Any forest officer may order the operator of any such railway, or any person contracting with the operator, or any of the agents, servants, or employees, of the operator to place at the disposal of the forest officer such of the employees of the operator or contractor and such of the equipment of the railway as the forest officer may deem necessary for the control or the extinguishment of any fire on or adjacent to any railway track of such a railway; and each of them shall immediately comply with the orders.

Costs where operator of railway not responsible.

31(9)

Any expenses arising from the use of any such personnel or equipment to suppress a fire for the suppression of which the operator of the railway is not responsible shall be paid by the government.

Notice to railway employees, etc., of instructions.

31(10)

The operator of any such railway shall inform all persons contracting with him and all his agents, servants, and employees, of the contents of any special instructions issued by the Provincial Forester under this section and of the provisions of subsection (8).

Offence by operator.

31(11)

Where an offence under this Part is committed by any person contracting with the operator of any such railway or by an agent, servant, or employee, of any such operator, the operator, as well as the person actually committing the offence, is guilty of the offence.

Failing to comply with instructions an offence. 31(12) Any person who neglects, omits, fails, or refuses, to comply with any instructions or any order given or made by the Provincial Forester or a forest officer under this section is guilty of an offence.

GENERAL OFFENCE AND PENALTY

Offence and penalty.

32(1)

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.

32(2)

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.

Persons guilty of offences.

33

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.

REGULATIONS

Making of regulations authorized.

34

For the purpose of carrying out the provisions of this Part according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made pursuant to, 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 and orders

(a) respecting the issue and form of, and the provisions to be contained in, burning permits, travel permits, and work permits;

(b) regulating the use of fire out of doors for cooking or obtaining warmth;

(c) respecting the provision of fireguards and other precautionary measures to be taken when danger from fire appears imminent;

(d) regulating or prohibiting the piling or accumulation of brushwood, debris, and other inflammable material, in any locality;

(e) respecting the operation of railways that are not under the jurisdiction of the Canadian Transport Commission.;

(f) respecting the carrying out of their duties or the exercise of their powers by fire guardians;

(g) extending, shortening, or varying, the closed season or designating other periods as part of the closed season;

(h) fixing the rate of compensation to be paid by municipalities to persons appointed by them as municipal fire guardians, to compensate them for the time engaged in fire fighting or expenses incidental thereto, or to persons called out by any such fire guardian to fight fire under this Act;

(i) specifying the time any person appointed, employed, called out, under this Act to fight fire shall be required to work without compensation;

(j) specifying the duties of municipal fire guardians;

(k) fixing the numbers of municipal fire guardians that each municipality shall appoint;

(l) prescribing the method by which equipment, materials, or supplies, required to fight forest and prairie fires shall be provided, and allocating the cost of any equipment, materials, or supplies, required to be purchased for that purpose and, where borrowed, the compensation to be paid therefor by municipalities;

(m) specifying what equipment municipalities shall supply to municipal fire guardians;

(n) respecting the provision of a reserve fund to be set up by each municipality from which the necessary expenses in connection with fighting forest and prairie fires may be paid and respecting the replenishing of that fund.

PART II

FIRE COMMISSIONER AND HIS DUTIES

Appointment of fire commissioner and staff.

35(1)

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.

Duties of fire commissioner.

35(2)

The fire commissioner has charge, under the direction of the minister, of the administration and enforcement of this Part and any regulations made thereunder.

Further duties.

35(3)

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 as provided for under The Municipal Act and for 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; and

(g) assist municipal councils and fire chiefs in training of fire fighters and fire prevention officers.

Action in cases of emergency.

35(4)

Where there arises an emergency from a fire or a fire hazard or from the risk of an explosion from fire that in the opinion of the fire commissioner constitutes a serious danger to life or property, the fire commissioner may take such measures as he considers necessary and advisable to reduce or eliminate the emergency or remove the hazard or risk and for those purposes may cause the evacuation of any building or area and call upon the police or fire authorities having jurisdiction for the area to assist him.

Emergency outside wooded district.

35(5)

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 wooded district, 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 Provincial Forester under Part I.

Deputy fire commissioner acting as fire commissioner.

35(6)

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.

35(7)

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.

Fire commissioner to inquire into cause of fires.

36(1)

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.

36(2)

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.

37

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.

38(1)

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.

Ex officio assistants.

38(2)

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.

Report of fires.

38(3)

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.

When report to be made.

38(4)

The report shall be made to the fire commissioner at Winnipeg, within one week of the time the fire occurred.

Payment for approved report

38(5)

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.

Penalty.

39

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.

40(1)

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.

Where report to be filed.

40(2)

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.

41(1)

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.

41(2)

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.

Reports of all losses by fire.

42(1)

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.

Report of amount claimed.

42(2)

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.

43

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.

Penalty for failure to report.

44

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.

45(1)

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.

45(2)

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.

46

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.

Examination under oath.

47

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.

Warrant for non-appearance.

48

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.

Warrant in first instance.

49

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.

50

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, etc.

51

The fire commissioner has the authority and jurisdiction of a magistrate or provincial constable for the arrest and punishment of all persons disturbing the peace at any such fire, or suspected of stealing any property whatever at any such fire, and to cause the offenders or persons so suspected to be brought before him or a magistrate to be dealt with according to law.

Police to assist commissioner.

52

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 prairie fires.

53

The fire commissioner, when requested so to do by the minister, shall institute an inquiry into the cause and origin of any prairie fire 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.

54

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.

55

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.

56

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.

57(1)

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.

57(2)

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.

57(3)

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.

57(4)

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.

Approval of minister.

57(5)

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.

57(6)

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 or to imprisonment for not more than 10 days, or to both such a $50. fine and such an imprisonment.

Appeals against order.

57(7)

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.

57(8)

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.

Service of order.

57(9)

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).

57(10)

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.

Appeal to fire commissioner.

57(11)

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.

Consideration of appeal.

57(12)

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.

Appeal to judge.

57(13)

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.

Service of orders and notices.

57(14)

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.

Filing appeal.

57(15)

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.

Powers of judge.

57(16)

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.

57(17)

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.

Action by municipality.

57(18)

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.

Recovery of costs.

57(19)

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.

Penalties.

58(1)

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.

Hindering or obstructing.

58(2)

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.

59(1)

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.

59(2)

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.

Offence and penalty.

59(3)

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.

60

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 magistrate's court of the municipality, but at such times as shall not interfere with the use of the court room for the holding of the magistrate's court.

Order to withhold insurance money.

61

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.

Registers.

62

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.

63

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.

Annual report.

64

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.

Witness fees.

65

Witnesses summoned by the fire commissioner are entitled to receive the same fees as are payable to witnesses under The Queen's Bench Act.

Definition.

66(1)

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.

Special assessment.

66(2)

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.

66(3)

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

Disbursement of fund.

67(1)

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.

67(2)

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 revenue division 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.

Repayment of advances.

67(3)

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.

Regulations.

68(1)

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.

Application of regulation to part of province.

68(2)

A regulation under this section may be made to apply to the whole province or a part of the province.

Conflict with municipal by-law.

69

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 bylaw prevails.

SCHEDULE

WOODED DISTRICTS

1

The South-Eastern Wooded District: Townships 1 to 15 inclusive in ranges 9 to 17 east, fractional townships 2 to 6 inclusive in range 18 east, and all that portion of the Whiteshell Forest Reserve lying north of township 15.

2

The Eastern Wooded District: All those lands lying north of township 16 that lie to the east of Lake Winnipeg and the Nelson River, and township 16 in ranges 7 to 17 east, excepting thereout the Brokenhead Indian Reserve No. 4.

3

The Central Wooded District: All those lands contained within the following limits, namely: Commencing at the intersection of the eastern shoreline of Lake Winnipeg and the north boundary of township 24, thence westerly along that north boundary to the western shoreline of Lake Manitoba, thence northerly and westerly along that western shoreline to its first intersection with the north boundary of township 30, thence westerly along the north boundary of township 30 to the western shoreline of Lake Winnipegosis, thence north-westerly along the western shoreline of Lake Winnipegosis to the north boundary of township 31, thence westerly along the north boundary of township 31 to the east boundary of range 21 west, thence northerly along the east boundary of range 21 west, to its first intersection with the shoreline of Cedar Lake, thence easterly along the southern shoreline of Cedar Lake and the Saskatchewan River to Lake Winnipeg, thence due east to the eastern shoreline of Lake Winnipeg and thence southerly along that eastern shoreline to the point of commencement.

4

The Western Wooded District: All those lands lying west of the east boundary of range 21 west that are contained between the north boundary of township 31 and the southern bank of the Saskatchewan River, excepting thereout those portions of the rural municipalities of Swan River and Minitonas not in a forest reserve or within three miles of the boundary of a forest reserve.

5

The Northern Wooded District: All those lands that lie to the north of the Eastern, Central, and Western Wooded Districts.

6

All lands in a forest reserve or adjacent to, and within three miles of the boundary of, a forest reserve and that are not included in any other wooded district.

7

All lands in the Riding Mountain National Park and all lands adjacent to, and within three miles of the boundaries of, that park.