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Fire Marshals Act

R.S.O. 1990, CHAPTER F.17

Note: This Act was repealed on October 29, 1997. See: 1997, c. 4, ss. 91 (1), 94.

Amended by: 1991, c. 45; 1993, c. 27, Sched; 1997, c. 4, s. 91 (1).

Definitions

1.  In this Act,

“fire code” means the regulations made under section 19; (“code de prévention des incendies”)

“fire department” means a fire department organized under the Municipal Act and equipped with one or more motorized fire pumpers; (“service des pompiers”)

“Fire Marshal” means the Fire Marshal of Ontario; (“commissaire des incendies”)

“member” means,

(a) a person regularly employed in a fire department on a full-time salary basis and assigned exclusively to fire protection or fire prevention duties, and includes officers and technicians, or

(b) a person who voluntarily acts as a fire fighter for a nominal consideration or honorarium, or

(c) a person who has been appointed as an auxiliary member of a fire department; (“membre”)

“Minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (“ministre”)

“regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. F.17, s. 1.

Appointment of Fire Marshal

2.  (1) There shall be an officer to be known as the Fire Marshal, who shall be appointed by the Lieutenant Governor in Council.

Deputy Fire Marshal

(2) There shall be an officer to be known as the Deputy Fire Marshal, who shall be appointed by the Lieutenant Governor in Council and who shall act in the stead of the Fire Marshal in the absence of or during the illness or incapacity of the Fire Marshal, or in the case of a vacancy in the office, and who, when so acting, has all the power and authority of the Fire Marshal, and who shall exercise the powers and perform the duties for the prevention or investigation of fire or the protection of life and property from fire that the Lieutenant Governor in Council considers expedient or that are prescribed by the regulations.

District deputy fire marshals

(3) The Lieutenant Governor in Council may appoint the number of persons that the Lieutenant Govenor in Council considers necessary to be district deputy fire marshals, who shall, subject to the regulations and the direction and control of the Fire Marshal, possess the powers to perform the duties of the Fire Marshal in the respective localities for which they are appointed.

Inspectors, appointment

(4) The Lieutenant Governor in Council may appoint inspectors who, under the direction of the Fire Marshal, shall investigate the cause, origin and circumstances of fires occurring in Ontario and perform such other duties as are provided by this Act and the regulations, and while so acting every inspector is subject to the regulations and possesses the same powers as the Fire Marshal.

Fire services instructors

(5) The Lieutenant Governor in Council may appoint fire services instructors who, under the direction of the Fire Marshal, shall assist in the organization and training of municipal fire departments and in the development of other fire prevention programs and shall perform such other duties as are imposed by this Act or the regulations.

Officers and assistants

(6) The Lieutenant Governor in Council may also appoint such officers, clerks and servants as are considered necessary for carrying out and enforcing this or any other Act of Ontario relating to the prevention and investigation of fire, and the regulations.

Salaries

(7) The Fire Marshal, Deputy Fire Marshal, district deputy fire marshals, inspectors and other officers, clerks and servants shall receive such salaries or other remuneration as is fixed by the Lieutenant Governor in Council.

Salaries and expenses, how payable

(8) The salaries and other remuneration and the expenses incurred in investigations and in the exercise of the powers and duties conferred and imposed upon the officers and assistants to the Fire Marshal or other persons in the prevention or investigation of fires, and generally all expenses incurred in carrying out this Act and the regulations are payable out of the moneys that are appropriated by the Legislature for salaries and expenses under this Act.

Grant to fire prevention associations

(9) The Lieutenant Governor in Council may direct the payment out of the appropriation made by the Legislature for salaries and expenses in connection with this Act of a grant to any association or league or society organized for the purpose of fire prevention, and such a grant may be subject to such terms and conditions as the Lieutenant Governor in Council considers proper. R.S.O. 1990, c. F.17, s. 2.

Powers and duties of Fire Marshal

3.  Subject to the regulations and for the prevention and investigation of fire, it is the duty of the Fire Marshal and he or she has power,

(a) whenever the Fire Marshal has reason to believe that the council of a municipality has not passed a by-law under the authority of any of the sections of the Municipal Act or any other Act relating to the prevention of fire or protection of life and property from fire, or that the by-law that has been passed by a municipal council is not complete or is not being enforced, to confer with members or officers of the council and to assist them as far as is expedient and practicable in preparing, improving and enforcing the by-law;

(b) to assist members of municipal councils and municipal officers in the formation and organization of fire departments, to make recommendations with regard to equipment, operations, duties and administration of fire departments, and in the preparation of relevant by-laws;

(c) to require the chief of the fire department of a municipality or any other person who is designated as an assistant of the Fire Marshal to assist in the enforcement of the by-law;

(d) to disseminate information and advice as to the prevention of fire by means of public meetings, newspaper articles, pamphlets, exhibitions and moving picture films and otherwise as the Fire Marshal considers advisable;

(e) to assist in the formation of local associations or leagues and to co-operate with any body or persons interested in developing and promoting the principles and practices of fire prevention and fire protection;

(f) to advise and assist ministries and agencies of government in fire prevention and fire protection problems;

(g) to keep a record of every fire reported to the Fire Marshal with the facts, statistics and circumstances that are required by the regulations;

(h) to investigate the cause, origin and circumstances of any fire so reported to him or her and so far as it is possible determine whether it was the result of carelessness or design;

(i) on the instructions of the Minister, to investigate the cause, origin and circumstances of any explosion or of any conditions that in the opinion of the Minister might have caused fire, explosion, loss of life or damage to property and so far as possible determine whether the explosion was or conditions were the result of carelessness or design;

(j) to report to the Crown Attorney of the proper county or district the facts found upon the evidence in any case in which the Fire Marshal has reason to suppose that loss by fire has been occasioned by criminal negligence or design or in which he or she considers an offence has been committed against this Act;

(k) whenever the Fire Marshal considers it advisable in the public interest, to order the withholding of insurance money that may become payable by reason of any fire for a period not exceeding sixty days from the occurrence of the fire pending an investigation of its cause and circumstances;

(l) to enter upon, examine and inspect from time to time hotels, apartment houses, factories, work shops and other places where persons reside or are employed in numbers, and direct such alterations to be made and such precautions to be taken as the Fire Marshal considers necessary for the purpose of complying with any statute or regulation made for the better protection of life and property in the buildings. R.S.O. 1990, c. F.17, s. 3.

Fire protection teams

3.1  The Fire Marshal may enter into agreements establishing and governing fire protection teams to provide fire prevention and fire protection services in territory without municipal organization. 1991, c. 45, s. 1.

Fire co-ordinators

3.2  (1) The Fire Marshal may appoint fire co-ordinators for such areas as are designated in the appointments.

Duties

(2) Subject to the direction of the Fire Marshal, a fire co-ordinator for an area shall,

(a) establish and maintain a plan under which the fire departments and fire protection teams that serve the area agree to assist each other in the event of an emergency; and

(b) perform such other duties as may be assigned by the Fire Marshal. 1991, c. 45, s. 1.

Appointment of auxiliary fire fighters

4.  (1) An authority empowered by the Municipal Act to appoint members of a fire department may appoint a number of auxiliary members not exceeding the number of other members of the fire department.

Appointments, remuneration and expenses

(2) The Lieutenant Governor in Council may appoint the persons that the Lieutenant Governor in Council considers necessary, who shall function under the direction and control of the Fire Marshal and shall receive such remuneration and expenses as are fixed by the Lieutenant Governor in Council.

Workers’ compensation not affected

(3) The relationship between a member of a fire department and the municipality by which he or she is employed continues for the purposes of the Workers’ Compensation Act as if this section had not been passed. R.S.O. 1990, c. F.17, s. 4.

Powers to hold inquiries

5.  For the purpose of any inquiry or investigation that it is the Fire Marshal’s duty or which he or she has the power to hold under this Act, the Fire Marshal has and may exercise all the powers of a commission under Part II of the Public Inquiries Act, which Part applies to such inquiry or investigation as if it were an inquiry under that Act. R.S.O. 1990, c. F.17, s. 5.

Fire Marshal’s deputy temporary

6.  Subject to the approval in writing of the Minister, the Fire Marshal may by writing under his or her hand appoint any person his or her temporary deputy for the purpose of holding an investigation into the cause, origin and circumstances of any fire, and for that purpose, the temporary deputy has all the powers of the Fire Marshal under this Act and the regulations. R.S.O. 1990, c. F.17, s. 6.

Employment of expert and professional assistance

7.  With the approval of the Minister, the Fire Marshal may employ legal, technical, scientific, clerical or other assistance that the Fire Marshal considers advisable or necessary in the conduct of any investigation held under this Act or in carrying out the provisions of this Act relating to the prevention of fire or in the exercise and performance of his or her powers and duties. R.S.O. 1990, c. F.17, s. 7.

Assistants duties

8.  (1) The chief of the fire department of every municipality that has a fire department and the clerk of every other municipality is by virtue of the office held by him or her an assistant to the Fire Marshal, and it is the duty of every assistant to the Fire Marshal to act under the Fire Marshal’s direction in carrying out this Act.

Duty to report

(2) The assistants to the Fire Marshal shall report to the Fire Marshal in writing, on forms to be supplied by him or her, all the fires occurring in their respective municipalities within three days after receiving information of the fire and including in the report particulars of all fatalities and injuries sustained by persons in the fires.

Fees of assistants

(3) Except in the case of a municipality where the chief of the fire department is paid an annual salary of more than $500 by the corporation of the municipality, every such assistant of the Fire Marshal shall be paid, upon the certificate of the Fire Marshal and out of the money that is appropriated by the Legislature for salaries and expenses in connection with this Act, the sum of $1 for each report.

Assistants to the Fire Marshal

(4) Where in a municipality a fire prevention bureau has been established or the chief of the fire department of a municipality has designated one or more members of the fire department as a fire prevention officer or officers or the Fire Marshal has so designated any other person, every person who is a member of the bureau or who is so designated is an assistant to the Fire Marshal and has all the powers of an assistant to the Fire Marshal under this Act.

Powers of chief outside municipality

(5) The chief of the fire department of a municipality has the same powers and duties with respect to buildings or premises outside the territorial limits of the municipality as if the buildings or premises were situate within the municipality,

(a) if the buildings or premises are owned or used by the municipality; or

(b) if the municipality has undertaken to provide fire protection for the buildings or premises. R.S.O. 1990, c. F.17, s. 8.

Fire insurance companies, duty to report

9.  (1) Every fire insurance company authorized to transact business in Ontario shall report to the Fire Marshal, through the secretary or some other officer of the company designated by the board of directors for that purpose, all fire losses on property insured in the company, giving the date of the fire and such other particulars as are required by the regulations.

Transmitting reports

(2) The report shall be mailed to the Fire Marshal within three days after notice of loss is received by the company.

Reporting losses adjusted

(3) Every such company shall also report to the Fire Marshal the amount of the loss as adjusted on each fire after the adjustment is made.

Particulars of fire to be furnished by insured

(4) Every person sustaining or claiming to have sustained a loss by fire on property in Ontario insured wholly or partially in an insurance company not licensed or registered under the Insurance Act shall report to the Fire Marshal within three days after the occurrence of the fire the particulars of the insurance, the date of the fire, and such other information as is called for by the regulations, and the person shall also, within ten days after completing proofs of loss against the company in which the person is so insured, file with the Fire Marshal a full statement of the amount of loss claimed from every such company.

Claimant on loss to furnish information to Fire Marshal’s assistant

(5) Every person sustaining a loss by fire on property in Ontario shall, upon the written or oral request of an assistant to the Fire Marshal, furnish to the assistant within seven days after receipt of the request whatever information is required to complete the form of report called for in subsection 8(2).

Adjusters to furnish report on loss to Fire Marshal

(6) Every person adjusting a claim against a fire insurance company, whether the company is licensed to transact business in Ontario or not and whether the adjuster represents the company or the claimant, shall within three days after the completion of the adjustment forward a report in writing to the Fire Marshal, giving the date of the fire, the value of the property affected by the different items of the policy as established during the process of the adjustment of the claim, the insurance in each company, the amount of loss allocated to be paid by each company and other particulars as are required by the regulations.

Fire chief to be notified of claim

(7) Every person adjusting a claim against a fire insurance company in a municipality having an organized fire department shall, where the fire department has not been summoned to or attended at the fire giving rise to the claim, by notice in writing, advise the chief of the fire department of the occurrence of the fire. R.S.O. 1990, c. F.17, s. 9.

Saving as to duties provided for by municipal by-law

10.  Nothing in this Act renders it obligatory for the Fire Marshal to perform in a local municipality those duties prescribed by this Act as are provided for by by-laws of the local municipality. R.S.O. 1990, c. F.17, s. 10.

Books

11.  The Fire Marshal shall keep the registers and books of account that are prescribed by the Lieutenant Governor in Council. R.S.O. 1990, c. F.17, s. 11.

Examination and closing of premises

12.  The Fire Marshal, Deputy Fire Marshal or a district deputy fire marshal, inspector or municipal fire chief has power,

(a) to enter and examine any premises on which a fire has occurred or on which he or she has reason to believe there may be a substance or device likely to cause a fire;

(b) to close such a premises and to prevent entry thereon by any other person for the period that is required to complete the examination of the premises; and

(c) to remove from the premises and to retain and examine any article or material that in his or her opinion may be of assistance in connection with any matter under investigation. R.S.O. 1990, c. F.17, s. 12.

Power to obtain evidence

13.  The Fire Marshal, the Deputy Fire Marshal, district deputy fire marshals and inspectors have the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and things as is vested in any court in civil cases. R.S.O. 1990, c. F.17, s. 13.

Duty of witnesses to give evidence

14.  Every person upon being served with a summons under the hand of the Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal or inspector to attend for the purposes of giving evidence shall attend in pursuance of the summons, and is entitled to be paid such fees and expenses as are prescribed by the regulations. R.S.O. 1990, c. F.17, s. 14.

Offences:

15.  Every person who,

obstructing

(a) hinders or disturbs the Fire Marshal or any officer appointed under this Act in the execution of his or her duties;

contravening Act

(b) contravenes any of the provisions of this Act or the regulations;

failure to give evidence

(c) refuses or neglects to attend and be sworn and give evidence before the Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal or inspector; or

disobedience to orders of Fire Marshal

(d) refuses or neglects to obey or carry out the instructions or directions of the Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal or inspector given under the authority of this Act,

is guilty of an offence and, where a penalty for such offence is not elsewhere in this Act provided for, on conviction, is liable to a fine of not more than $1,000 for a first offence and to a fine of not more than $5,000 for any subsequent offence, but the imposition of any such fine or its payment does not relieve a person convicted from fulfilling any obligation for the neglect of which the penalty was imposed. R.S.O. 1990, c. F.17, s. 15.

Duty of Crown Attorney to prosecute

16.  (1) It is the duty of the Crown Attorney of every county or district, upon receiving the report of the Fire Marshal or upon receiving notice of an offence having been committed against any of the provisions of this Act or the regulations, to institute and conduct a prosecution of any person who appears to have been guilty of an offence against the Criminal Code (Canada) or against this Act or the regulations.

Crown Attorney to attend at investigation

(2) Upon the request of the Fire Marshal, it is the duty of the Crown Attorney of the county or district to attend any investigation held under this Act and to examine the witnesses at the investigation and assist the Fire Marshal in the conduct of the investigation.

Travelling expenses, etc., when allowed

(3) If the investigation is held in a place other than the county or district town, the Crown Attorney is entitled to his or her actual disbursements for travelling and other expenses. R.S.O. 1990, c. F.17, s. 16.

Payment of fees and expenses out of appropriation

17.  The fees and expenses as certified by the Fire Marshal to be payable to the Crown Attorney or to witnesses or for assistance given or services rendered to the Fire Marshal under this Act are payable out of the money that is appropriated by the Legislature for salaries and expenses in connection with this Act. R.S.O. 1990, c. F.17, s. 17.

Definition

17.1  In sections 18 to 21,

“officer” means the Deputy Fire Marshal, a district deputy fire marshal, an inspector or an assistant to the Fire Marshal, unless the context otherwise requires. 1991, c. 45, s. 1.

Inspection of buildings and premises

18.  (1) Subject to the regulations, the Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal, an inspector or an assistant to the Fire Marshal may, upon the complaint of a person interested, or when he or she considers it necessary so to do, without such complaint, inspect all buildings and premises within his or her jurisdiction, and for the purpose may at all reasonable hours enter into and upon the buildings and premises for the purpose of examination, taking with him or her, if necessary, a constable or other police officer or the other assistants that he or she considers proper. R.S.O. 1990, c. F.17, s. 18(1).

Orders on inspection

(2) If, upon the inspection, it is found that a building or other structure is for want of proper repair or by reason of age and dilapidated condition or any other cause especially liable to fire, or is so situated as to endanger other buildings or property, or so occupied that fire would endanger persons or property therein or that exits from the building or buildings are inadequate or improperly used, or that there are in or upon the buildings or premises combustible or explosive materials or conditions dangerous to the safety of the buildings or premises or to adjoining property, or that a provision of the fire code is being contravened, or that a fire, once started, would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it, the officer making the inspection may order,

(a) the removal of the buildings or the making of structural repairs or alterations therein;

(b) the removal of combustible or explosive material, or the removal of anything that may constitute a fire menace;

(c) the installation of safeguards by way of fire extinguishers, fire alarms and other devices and equipment and also such avenues of egress, fire escapes and exit doors as are considered necessary to afford ample exit facilities in the event of fire or an alarm of fire;

(d) with the approval of the Fire Marshal and on the terms and conditions that the Fire Marshal considers proper, the closing of the buildings, other structures or premises until the time that corrective action has been taken and the hazardous condition has been rectified; and

(e) the remedying of any contravention of the fire code. R.S.O. 1990, c. F.17, s. 18(2); 1991, c. 45, s. 2(1).

Repairs, etc., deemed not to be in contravention

(3) Where repairs, alterations or installations are carried out in compliance with an order made under this section, the repairs, alterations or installations shall be deemed not to be in contravention of the building code established under the Building Code Act, despite its provisions.

No order where compliance

(4) Where a building, other structure or premises has been constructed within the meaning of the Building Code Act in compliance with the building code established under that Act and continues to comply with that code as it existed at the time of construction, no officer making an inspection shall order the making of structural repairs or alterations in the building, other structure or premises.

Copy of order

(5) Where the officer making an inspection orders the making of repairs, alterations or installations in the building, other structure or premises, he or she shall furnish a copy of the order to the proper chief building official appointed under the Building Code Act.

Electrical installations

(6) If, upon the inspection, it is found that a building or other structure is by reason of the inadequacy or want of repair of its electrical installations and wiring especially liable to fire, the officer making the inspection may order a reinspection by Ontario Hydro of the electrical installations and wiring and that the cost of such reinspection be paid by the owner or occupant of the building or other structure.

Removal of process from buildings

(7) The Fire Marshal, Deputy Fire Marshal, a district deputy fire marshal, an inspector or an assistant to the Fire Marshal may order the removal from any building not being of fire-resistive construction or being within fifty feet of a hospital, school, church, theatre or any other place of public assembly or a hotel, apartment house or multiple occupancy dwelling, of a process of manufacture or other occupancy that because of the danger of fire or explosion is especially hazardous to life or property or may order that any such premises shall not be used for any such process or occupancy.

Contents and service of order

(8) An order made by an officer under subsection (2) or (7) shall set out the reasons for the order, the action required to be taken, the time for compliance with the order and the right to request a review of the order and to apply for a hearing and appeal under this section, and a copy of the order shall be served upon the owner and occupant of the building, other structure or premises.

Direction by Fire Marshal

(9) Where an order made under clause (2)(d) requires the closing of a building, other structure or premises and the Fire Marshal is of the opinion that it is necessary for the immediate protection of persons and property that the building, other structure or premises should be closed forthwith, the Fire Marshal may direct that the building, other structure or premises be closed forthwith and remain closed until the corrective action required by the order has been taken or an appeal from the order is heard and determined.

Informal review

(10) The Fire Marshal may, upon the request in writing of the occupant or owner of the building, other structure or premises or in any other case he or she sees fit, review and amend or rescind an order made by an officer under subsection (2) or (7) and in so doing the Fire Marshal is not required to hold a hearing. R.S.O. 1990, c. F.17, s. 18(3-10).

Appeal to Fire Code Commission

(11) Any person who considers themself aggrieved by an order made by the Fire Marshal or an officer under subsection (2) or (7) or amended under subsection (10) may, within ten days after the order is made or amended, apply to the Fire Code Commission for a hearing and appeal. R.S.O. 1990, c. F.17, s. 18(11); 1993, c.27, Sched.

Powers of Commission

(12) Where an application is made under subsection (11), the Fire Code Commission shall appoint a time for and hold the hearing and may rescind or affirm the order of the Fire Marshal or officer or take such action as the Commission considers the Fire Marshal or officer ought to take in accordance with this section, and for such purposes the Commission may substitute its opinion for that of the Fire Marshal or officer.

Extension of time

(13) The Fire Code Commission may extend the time for making an application under subsection (11) either before or after expiration of the time fixed in subsection (11), where it is satisfied that there are apparent grounds for granting relief to the applicant pursuant to a hearing and that there are reasonable grounds for applying for the extension and may give the directions that it considers proper consequent upon the extension, but no application for extension of time shall be made more than thirty days after the order appealed from was made or amended.

Lifting of stay

(14) The Fire Code Commission may, upon application therefor which may be made without notice, order that the order appealed from be not stayed pending the outcome of the appeal but shall take effect immediately where, in its opinion, the action is necessary in the interest of public safety.

Appeal to Divisional Court

(15) Any party to the hearing before the Fire Code Commission under subsection (12) may appeal from the decision of the Commission to the Divisional Court in accordance with the rules of court.

Minister entitled to be heard

(16) The Minister is entitled to be heard, by counsel or otherwise, upon the argument of an appeal under subsection (15).

Powers of court on appeal

(17) An appeal under subsection (15) may be made on any question that is not a question of fact alone and the court may confirm or alter the decision of the Fire Code Commission or direct the Fire Marshal or officer to do any act he or she is authorized to do under this section or may refer the matter back to the Commission for reconsideration by the Commission as the court considers proper and the court may substitute its opinion for that of the Fire Marshal or officer or the Commission.

Offence

(18) Every person who fails to comply with an order made under subsection (2), (7), (12) or (17) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for every day during which the default continues, and the imposition or payment of the fine does not relieve the person from complying with the order.

Powers of Ontario Court (Provincial Division)

(19) Where an order is not complied with within thirty days after conviction under subsection (18), the Ontario Court (Provincial Division) may, upon application by the Fire Marshal or an officer which may be made without notice, order the closing or removal of the building, other structure or premises or the removal of any substance, material or thing from it where, in its opinion, such action is necessary in the interest of public safety. R.S.O. 1990, c. F.17, s. 18(12-19).

Municipal costs may be collected as municipal taxes

(20) If an order made under subsection (19) relates to land or premises in a municipality, the municipality shall have a lien on the land or premises for amounts spent by the municipality in carrying out the order and the amounts shall be deemed to be municipal taxes and may be added by the clerk of the municipality to the collector’s roll and collected in the same way and with the same priorities as municipal taxes.

Provincial costs may be collected as municipal taxes

(20.1) If an order made under subsection (19) relates to land or premises in a municipality and the Fire Marshal instructs the municipality to recover amounts spent by the Province of Ontario in carrying out the order, the municipality shall have a lien on the land or premises for those amounts and they shall be deemed to be municipal taxes and shall be added by the clerk of the municipality to the collector’s roll and collected in the same way and with the same priorities as municipal taxes.

Idem

(20.2) A lien created under subsection (20.1) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 9(5)(b) of the Municipal Tax Sales Act.

Idem

(20.3) Subject to subsection (20.5), money collected in accordance with subsection (20.1), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Treasurer of Ontario.

Definition: cancellation price

(20.4) In subsections (20.5) and (20.6),

“cancellation price” has the same meaning as in the Municipal Tax Sales Act.

Proceeds of tax sale

(20.5) If there is a sale of land under the Municipal Tax Sales Act and amounts are payable out of the proceeds to the Treasurer of Ontario under this Act, the Environmental Protection Act or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land.

Cancellation price

(20.6) Despite any provision of the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act. 1991, c. 45, s. 2(2).

Service and posting of notice

(21) Where an order or direction made under subsection (2), (9) or (19) requires the closing of a building, other structure or premises, a copy of the order or direction shall be served upon the owner if the owner’s whereabouts in Ontario are known and shall be posted on the building, other structure or premises and no person shall enter the building, other structure or premises or remove such copy unless authorized by the Fire Marshal or an officer.

Offence

(22) Every person who contravenes subsection (21) is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.

Fine

(23) Every person who hinders or disturbs the Fire Marshal or an officer in the exercise of his or her duties under this section is liable on conviction under section 15 to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both.

Restraining order

(24) Where it appears to the Fire Marshal or an officer that any person does not comply with an order made under this section, despite the imposition of any penalty in respect of the noncompliance and in addition to any other rights he or she may have, the Fire Marshal or officer may apply to a judge of the Ontario Court (General Division) for an order directing the person to comply with the order, and upon the application, the judge may make such order as the judge thinks fit.

Appeal

(25) An appeal lies to the Divisional Court from an order made under subsection (24).

Service of notice, etc.

(26) Where any notice, order, direction or other document is authorized or required to be given, served or delivered to a person under this section, the document may be served personally or by mail addressed to the person or the person’s agent for service at the last known address of the person or agent and, where service is by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person or the agent for service establishes that the person or person’s agent did not, acting in good faith, through absence, accident, illness or other cause beyond their control receive the document until a later date. R.S.O. 1990, c. F.17, s. 18(21-26).

(27) REPEALED: 1991, c. 45, s. 2(3).

Application for authorization to do work

18.1  (1) If an order made under subsection 18(2), (7) or (12) or amended under subsection 18(10) or (12) requires a thing to be done, the Fire Marshal or an officer may apply to the Fire Code Commission for an order authorizing him or her to cause the thing to be done, and the Commission shall appoint a time for and hold a hearing.

Commission may review order

(2) At a hearing under subsection (1), the Fire Code Commission may consider any matter it could have considered had a hearing been applied for under subsection 18(11) in respect of the order requiring the thing to be done, and may exercise any of the powers set out in subsection 18(12) in respect of that order.

Consolidation of hearings

(3) If an application for a hearing is made under subsection (1) and under subsection 18(11) in respect of the same order, the Fire Code Commission may, if it considers it practical to do so, consolidate the hearings.

Grounds for decision

(4) The Fire Code Commission may authorize the Fire Marshal or an officer to cause to be done any thing required to be done by an order made under subsection 18(2), (7) or (12) or amended under subsection 18(10) or (12) if,

(a) the person required by the order to do the thing,

(i) has refused to comply with or is not complying with the order,

(ii) is not likely, in the Commission’s opinion, to comply with the order promptly,

(iii) is not likely, in the Commission’s opinion, to carry out the order competently, or

(iv) requests the assistance of the Fire Marshal or an officer in complying with the order; and

(b) in the Commission’s opinion, failure to do the thing would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it. 1991, c. 45, s. 3.

Warrant authorizing entry

18.2  (1) If a justice of the peace is satisfied on evidence under oath that there is reasonable ground to believe that entry on certain land or premises is necessary for the purpose of doing a thing authorized to be done under section 18.1, the justice of the peace may issue a warrant authorizing the person named in the warrant to enter and do the thing on the land or premises.

Execution and expiry of warrant

(2) A warrant issued under subsection (1) shall,

(a) specify the times, which may be twenty-four hours each day, during which the warrant may be carried out; and

(b) state when the warrant expires.

Extension of time

(3) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

(4) A person authorized under subsection (1) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Assistance

(5) A person named in a warrant issued under subsection (1) may call on any other persons he or she considers advisable to execute the warrant.

Application without notice

(6) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupier of the land or premises.

Identification

(7) On the request of an owner or occupier of the land or premises, a person who exercises a power conferred under subsection (1) shall identify himself or herself and shall explain the purpose of the entry. 1991, c. 45, s. 3.

Immediate threat to life

18.3  (1) If the Fire Marshal or an officer has reasonable ground to believe that a risk of fire poses an immediate threat to life, he or she may, without warrant, enter any land or premises and, for the purpose of removing or reducing the threat, may,

(a) post a fire watch;

(b) remove combustible or explosive material or anything that may constitute a fire menace;

(c) eliminate ignition sources;

(d) install temporary safeguards, including fire extinguishers and smoke alarms;

(e) make minor repairs to existing fire safety systems;

(f) do any other thing that the Fire Marshal or officer has reasonable ground to believe is urgently required to remove or reduce the threat to life.

Use of force

(2) A person authorized under subsection (1) to enter on land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Assistance

(3) A person who enters land or premises under subsection (1) for the purpose of doing a thing may call on any other persons he or she considers advisable to assist.

Identification

(4) On the request of an owner or occupier of the land or premises, a person who enters land or premises under subsection (1) shall identify himself or herself and shall explain the purpose of the entry.

Notice to owner

(5) A person who enters land or premises under subsection (1) shall promptly give notice to the owner if the owner’s whereabouts in Ontario are known and, for that purpose, subsection 18(26) applies with necessary modifications.

Notice to be posted

(6) The person who gives notice under subsection (5) shall post a copy of the notice on the land or premises.

Contents of notice

(7) The notice shall,

(a) describe the location of the land or premises;

(b) state the reason for the entry; and

(c) state the things done under subsection (1) to remove or reduce the threat to life.

Removal of notice

(8) No person shall remove the copy of the notice posted on the land or premises unless authorized by the Fire Marshal or an officer.

Offence

(9) A person who contravenes subsection (8) is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both. 1991, c. 45, s. 3.

Fine

18.4  A person who hinders or disturbs the Fire Marshal or an officer in the exercise of his or her powers under section 18.1, 18.2 or 18.3 is liable on conviction under section 15 to a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both. 1991, c. 45, s. 3.

Order to pay costs

18.5  (1) The Fire Marshal or an officer may issue an order to pay the costs incurred by the Province of Ontario or a municipality,

(a) in doing any thing done in accordance with an authorization given under section 18.1, to any person required by an order made under section 18 to do the thing; or

(b) in entering land or premises and doing any thing under section 18.3, to the owner or the person having control of the land or premises.

Idem

(2) An order under subsection (1) to pay costs shall include,

(a) a description of the things done for which the costs were incurred and a statement of the authority for doing the things;

(b) a detailed account of the costs incurred by the Province of Ontario or the municipality, as the case may be; and

(c) a direction that the person to whom the order is issued pay the costs to the Treasurer of Ontario or the municipality, as the case may be. 1991, c. 45, s. 3.

Appeal to Fire Code Commission

18.6  (1) A person to whom an order to pay costs is issued may, by written notice served on the person who issued the order and on the Fire Code Commission within fifteen days after service on the person of a copy of the order, require a hearing by the Commission.

Costs specified in order to pay may be increased by Commission

(2) At a hearing by the Fire Code Commission on an order to pay costs, the Fire Marshal or an officer may, on reasonable notice to all parties, ask the Commission to amend the order by adding new items of cost or by increasing the amounts set out in the order.

What Commission may consider at hearing

(3) At a hearing by the Fire Code Commission on an order to pay costs, the Commission shall consider only whether any of the costs specified in the order,

(a) are unreasonable having regard to what was done; or

(b) do not relate to a thing,

(i) that the person to whom the order to pay costs was issued was required to do by an order made under section 18, as amended by any decision of the Fire Marshal or Fire Code Commission or on any appeal from any such decision, or

(ii) that the Fire Marshal or an officer was authorized to do under section 18.3.

Appeal to Divisional Court

(4) Any party to a hearing by the Fire Code Commission on an order to pay costs may appeal from the decision of the Commission to the Divisional Court.

Idem

(5) Subsections 18(16) and (17) apply with necessary modifications to an appeal under subsection (4). 1991, c. 45, s. 3.

Order to pay may be enforced as court judgment

18.7  (1) An order to pay costs may be filed with the Ontario Court (General Division) and enforced as if it were an order of the court.

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order. 1991, c. 45, s. 3.

Interpretation

18.8  (1) For the purposes of subsections (2) and (5), a thing done as a result of activities or conditions on land or premises is a thing done in connection with that land or premises, whether or not the work is done on that land or premises.

Costs specified in order may be collected as taxes

(2) If an order to pay costs is directed to a person who owns land or premises in a municipality and the Fire Marshal or an officer instructs the municipality to recover amounts specified in the order that relate to things done in connection with that land or premises, the municipality shall have a lien on the land or premises for those amounts and they shall be deemed to be municipal taxes and shall be added by the clerk of the municipality to the collector’s roll and collected in the same way and with the same priorities as municipal taxes.

Costs incurred by Ontario

(3) If the amounts specified in the order relate to costs incurred by the Province of Ontario, money collected in accordance with subsection (2), less the costs reasonably attributable to collection, shall be paid by the municipality to the Treasurer of Ontario.

Idem

(4) Subsections 18(20.2) to (20.6) apply with necessary modifications in respect of money collected in accordance with subsection (2).

Idem, territory without municipal organization

(5) If an order to pay costs is directed to a person who owns land or premises in territory without municipal organization and the Fire Marshal instructs the Land Tax Collector appointed under the Provincial Land Tax Act to recover amounts specified in the order that relate to work done in connection with that land or premises, the Crown shall have a lien on the land or premises for those amounts and they shall be deemed to be taxes in respect of the land or premises imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act.

Fire Marshal’s instructions to municipality

(6) An instruction under subsection (2) or (5) shall state which of the amounts specified in the order to pay relate to things done in connection with the land. 1991, c. 45, s. 3.

Regulations

19.  (1) The Lieutenant Governor in Council may make regulations that are considered advisable or necessary for the purpose of establishing a fire code for Ontario governing fire safety standards for buildings, other structures and premises including, but without limiting the generality of the foregoing, regulations,

(a) prescribing any method, matter or thing relating to fire prevention and fire protection;

(b) requiring and regulating fire prevention and fire protection equipment and systems;

(c) requiring and regulating means of egress, fire separations, finish materials, furnishings and decorations, standards of housekeeping and heating, ventilation, air conditioning and incinerating equipment and systems;

(d) controlling or prohibiting any material, substance, equipment or system affecting fire safety;

(e) requiring and regulating procedures respecting fire safety and the keeping and furnishing of records and reports;

(f) requiring the approval of the Fire Marshal in respect of any method, matter or thing;

(g) requiring notice to be given to the Fire Marshal respecting any change in use or occupancy;

(h) prescribing conditions for use, occupation or demolition;

(i) exempting any class of building, other structure or premises from compliance with the regulations or any provision thereof, and attaching terms and conditions to such exemptions;

(j) adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted;

(k) prescribing forms and providing for their use.

Limitation of application

(2) Any regulation made under this section may be limited in its application territorially or to any class of building, other structure or premises or to any building, other structure or premises used for any specified purpose. R.S.O. 1990, c. F.17, s. 19(1,2).

Buildings under construction

(3) The fire code does not apply to the unoccupied parts of a building that is under construction within the meaning of the Building Code Act. 1991, c. 45, s. 4.

Municipal by-laws superseded

(4) The fire code supersedes all municipal by-laws respecting fire safety standards for buildings and other structures and premises.

Offence

(5) Every person who contravenes any provision of the fire code and every director or officer of a corporation who knowingly concurs in such contravention is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

Idem

(6) Where a corporation is convicted of an offence under subsection (5), the maximum penalty that may be imposed upon the corporation is $50,000 and not as provided in subsection (5).

Application of certain subsections of s.18

(7) Where a person is convicted of an offence under subsection (5) of this section, subsections 18(19), (20), (21), (22) and (26) apply with necessary modifications as if the conviction were made under subsection (18) of that section.

Idem

(8) Where a person is contravening any provision of the fire code, subsections 18(24) and (25) apply with necessary modifications as if the person were not complying with an order made by an officer. R.S.O. 1990, c. F.17, s. 19 (4-8).

Fire Code Commission continued

20.  (1) The Fire Code Commission is continued under the name The Fire Code Commission in English and Commission du code de prévention des incendies in French and is composed of such number of members as is determined by the Lieutenant Governor in Council.

Appointment of members

(2) The Lieutenant Governor in Council shall appoint the members to the Commission, none of whom shall be persons in the public service of Ontario or of a municipality, and may designate one of the members as chair and one or more of the members as vice-chair.

Remuneration

(3) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.

Quorum

(4) Three members of the Commission constitute a quorum.

Evidence

(5) The findings of fact of the Commission pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act.

Only members at hearing to participate in decision

(6) Members of the Commission shall not participate in a decision of the Commission pursuant to a hearing unless they were present throughout the hearing and heard the evidence and argument of the parties and, except with the consent of the parties, no decision of the Commission shall be given unless all members so present participate in the decision.

Release of documentary evidence

(7) Documents and things put in evidence at the hearing shall, upon the request of the person who produced them, be released to the person by the Commission within a reasonable time after the matter in issue has been finally determined.

Regulations

(8) The Lieutenant Governor in Council may make regulations prescribing procedures of the Fire Code Commission. R.S.O. 1990, c. F.17, s. 20.

Immunity from actions

21.  (1) No proceeding for damages lies or shall be instituted against a member of the Fire Code Commission, the Fire Marshal, anyone acting under his or her authority, a fire co-ordinator or an officer for an act or omission by him or her in good faith in the execution or intended execution of any power or duty under this Act or the regulations. R.S.O. 1990, c. F.17, s. 21(1); 1991, c. 45, s. 5(1).

Liablilty of Crown and municipality

(2) Subsection (1) does not relieve the Crown or a municipal corporation of liability in respect of a tort committed by a member of the Fire Code Commission, the Fire Marshal, a person acting under his or her authority, a fire co-ordinator or an officer to which either would otherwise be subject and the Crown or municipal corporation is liable for any such tort as if subsection (1) were not enacted. R.S.O. 1990, c. F.17, s. 21 (2); 1991, c. 45, s. 5 (2).

Power to suspend deputy or other official

22.  (1) The Fire Marshal may suspend from duty a district deputy fire marshal or other official for such cause as the Fire Marshal considers sufficient and shall report the suspension immediately to the Minister.

Pay to cease during suspension

(2) The pay of such district deputy fire marshal or other official shall not be allowed during the period of suspension, except by order in writing of the Minister. R.S.O. 1990, c. F.17, s. 22.

Fire Marshal may adopt rules for prevention of fire

23.  (1) Subject to the regulations, the Fire Marshal shall, from time to time as is found necessary for the prevention of fire and for safeguarding human life from the danger of fire, adopt rules for the use, storage and handling of explosives and volatile compounds, including crude and refined illuminating and fuel oil, and all the devices and apparatus employed in utilizing them, but the rules are not effective until approved by the Lieutenant Governor in Council.

Municipal by-law to take precedence

(2) Where a municipality has passed a by-law under paragraphs 16 to 24 of section 210 of the Municipal Act regulating the keeping and manufacturing of explosives, the requirements of the by-law, if more exacting than those approved by the Lieutenant Governor in Council under this section, govern and apply to properties in the municipality. R.S.O. 1990, c. F.17, s. 23.

24.-27.  REPEALED: 1991, c. 45, s. 6.

Regulations

28.  The Lieutenant Governor in Council may make regulations,

(a) prescribing the respective duties of the Fire Marshal, Deputy Fire Marshal, district deputy fire marshals and inspectors, and of the officers, clerks and servants of the Fire Marshal’s office;

(b) fixing the forms of and particulars to be stated in the records and returns to be made by the Fire Marshal, Deputy Fire Marshal, and district deputy fire marshals, and by every person who is required under this Act to furnish information to the Fire Marshal;

(c) requiring such statistical and other information to be furnished to the Fire Marshal as he or she considers necessary;

(d) providing for the appointment of an advisory committee and defining the duties and powers of the committee;

(d.1) respecting the operation and administration of fire protection teams;

(d.2) prescribing and requiring compliance with standards for fire hose couplings and fire hydrants and, for that purpose, adopting by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code or standard;

(e) providing for licensing and regulating the manufacture, sale, servicing and recharging of fire extinguishers;

(f) providing long service awards for members of the public fire services;

(g) prescribing the forms, records and returns to be used, kept and made by fire chiefs in respect of their inspections of any class of premises or premises used for any specified purpose;

(h) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. F.17, s. 28; 1991, c. 45, s. 7.

Certificate of appointment

29.  A certificate under the hand and seal of the Fire Marshal of the appointment of a person under this Act is proof in the absence of evidence to the contrary of the appointment in any court or elsewhere. R.S.O. 1990, c. F.17, s. 29.

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