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| PART 2 – Authority of Government for Fire Prevention and Fire Control |
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Policies and priorities for fire control |
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The minister may establish policies and priorities for the efficient use of fire control resources of the government. |
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Government may carry out fire control |
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(1) |
The government may enter on any land and carry out fire control if an official considers that a fire on or near the land endangers life or threatens forest land or grass land. |
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(2) |
At the request of a local government, the government may enter on land and carry out fire control within the local government's boundaries or jurisdiction. |
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(3) |
After carrying out fire control under subsection (1), the government may remain on that land or re-enter the land for the purposes of investigating the cause of a fire, rehabilitating the land or for other prescribed purposes. |
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(4) |
If the government enters on private land to carry out fire control on other land, the government must compensate the owner of the private land and any tenant of the private land for damage caused to the private land by the government in carrying out the fire control. |
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(5) |
If the government enters on private land to carry out fire control on that land, the government, in prescribed circumstances, must compensate the owner of the private land and any tenant of the private land for damage caused to the private land by the government in carrying out the fire control. |
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(6) |
In accordance with prescribed requirements, the government may rehabilitate land damaged by fire control carried out under this section. |
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Restrictions on open fires |
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(1) |
Despite a regulation enacting the prescribed circumstances referred to in section 5 (1) or 6 (1) in which an open fire may be lit, fueled or used, if an official considers it necessary or desirable to limit the risk of a fire or to address a public safety concern, the official, by order for a specified area, may |
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(a) |
restrict or prohibit the lighting, fueling or use of an open fire, or |
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(b) |
require all persons lighting, fueling or using one or more open fires in the area to cease doing so and to extinguish the open fire or fires. |
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(2) |
A restriction or requirement under this section may be different for different |
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(a) |
types, categories or subcategories of open fires, |
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(b) |
categories of persons, places or things, or |
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(c) |
circumstances. |
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(3) |
A person must not carry out an activity that is the subject of a restriction or prohibition under subsection (1) (a). |
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(4) |
Each of the persons that is the subject of an order under subsection (1) (b) must comply with the order. |
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Restricted areas |
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(1) |
If the minister considers it necessary or desirable to limit the risk of a fire, to address a public safety concern or to avoid interference with fire control, the minister by order may designate a specified area as a restricted area for a specified period. |
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(2) |
During the specified period under an order under this section, a person must not remain in or enter the area designated by the order as a restricted area, unless the person |
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(a) |
first receives the written authorization of an official, or |
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(b) |
enters the area only in the course of |
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(i) |
travelling to or from his or her residence, |
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(ii) |
using a highway as defined in the Highway Act, or |
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(iii) |
travelling to or from |
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(A) |
an operation, or |
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(B) |
an activity |
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of a type that the minister may specify in the order. |
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(3) |
An order under subsection (1) or an authorization under subsection (2) may be different for different |
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(a) |
types, categories or subcategories of operations or activities, |
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(b) |
categories of persons, places or things, or |
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(c) |
circumstances. |
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(4) |
For the period during which an area continues as a restricted area under this section, a person is relieved from any fire control obligation for that area. |
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Prohibited and restricted activities |
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(1) |
The minister by order may prohibit or restrict |
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(a) |
the activities that may be carried out, or |
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(b) |
the equipment, materials or substances that may be used |
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in a specified area and for a specified period, if the minister considers that the activities or the use are likely to cause or contribute to the spread of a fire. |
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(2) |
A person must not |
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(a) |
carry out any activities, or |
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(b) |
use any equipment, materials or substances |
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in contravention of an order made under subsection (1). |
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(3) |
An order under subsection (1) may be different for different |
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(a) |
types, categories or subcategories of activities, equipment, materials or substances, |
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(b) |
categories of persons, places or things, or |
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(c) |
circumstances. |
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(4) |
For the period during which an activity continues as a restricted activity under this section, the minister may exempt a person in writing from an order made under subsection (1) or from any fire control obligation for that area. |
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Requirement to leave specified area |
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(1) |
If the government is engaged in fire control, an official by order may require all persons in an area specified by the official to leave the area. |
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(2) |
Each of the persons that is the subject of an order under subsection (1) must comply with the order. |
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(3) |
An order under subsection (1) may be different for different categories of persons. |
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Notice of orders under sections 10 to 13 |
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(1) |
Despite section 63, notice must be given in accordance with this section of an order made under any of sections 10 to 13. |
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(2) |
The notice required under subsection (1) is sufficiently given to all persons in or near the applicable specified area under sections 10 to 13 if the notice includes a copy of the order or contains particulars or a summary of the order and is |
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(a) |
posted in or near the specified area, |
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(b) |
published in or near the area in a manner that the official giving the notice considers will come to the attention of persons in or near the specified area, or |
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(c) |
broadcast in a manner that the official giving the notice considers will come to the attention of persons in or near the specified area. |
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(3) |
Without limiting subsection (2), a notice under any of sections 10 to 13 is sufficiently given to any person if the notice includes a copy of the order or contains particulars or a summary of the order and is delivered to the person. |
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Temporary employees |
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(1) |
An official may hire temporary employees for the purposes of carrying out fire control or other activities under this Act. |
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(2) |
The Public Service Act does not apply to a person hired as a temporary employee. |
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(3) |
The government must pay remuneration as prescribed to a temporary employee. |
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(4) |
An official may authorize a temporary employee in writing to exercise within specified limits the powers conferred on that official under this Act. |
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Requisition of facilities, equipment and personnel |
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(1) |
For the purposes of carrying out fire control, an official may |
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(a) |
order a person to |
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(i) |
provide facilities and equipment, that the person owns or has use of, to be used under an official's direction, |
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(ii) |
assign an employee of the person to carry out fire control, under an official's direction, and |
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(iii) |
pay the employee his or her usual wages while the employee is acting under an official's direction, or |
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(b) |
order a person who is 19 years of age or older to assist in fire control if the person |
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(i) |
is physically capable of doing so, and |
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(ii) |
is trained to carry out fire control or has skills that can be used in doing so. |
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(2) |
A person who is the subject of an order under subsection (1), and to whom written notice of the order has been given, must comply with the order. |
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Compensation for persons carrying out fire control |
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(1) |
Subject to subsections (3) and (4), the government must pay compensation as prescribed to a person who, in respect of a fire, |
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(a) |
carries out fire control under an obligation imposed under section 6, or |
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(b) |
complies with an order under section 16. |
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(2) |
Subject to subsections (3) and (4), the government may pay compensation as prescribed to a person for his, her or its expenses incurred and work done in voluntarily fighting a fire on forest land or grass land or within 1 km of forest land or grass land. |
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(3) |
Compensation is not payable under this section to a person in respect of a fire on private land that the person owns, rents or leases or on Crown land leased by the person from the government. |
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(4) |
Compensation is not payable under this section to a person in respect of |
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(a) |
an obligation imposed under this Act to |
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(i) |
use equipment, or |
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(ii) |
assign personnel |
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for fire control, |
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(b) |
facilities or vehicles that serve the person's area of operation, |
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(c) |
wages payable to employees referred to in section 16 (1) (a) (ii), |
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(d) |
voluntarily fighting a fire, or |
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(e) |
prescribed expenses, |
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if the minister, after giving the person an opportunity to be heard, determines by order that the person, or a person acting on the person's behalf, caused or contributed to the fire referred to in subsection (1) or (2) or to the spread of that fire. |
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(5) |
The minister must give written notice of an order made under subsection (4) to the person who is the subject of the order, accompanied by a copy of the order and informing the person of |
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(a) |
the reasons for the order, and |
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(b) |
the person's right to a review under section 37 or to an appeal under section 39, including an address to which a request for a review or appeal may be delivered. |
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Right of government to use fire |
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The minister may cause fire on, or allow fire to be introduced onto, Crown land, other than Crown land leased from the government, for the purpose of |
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(a) |
reducing the likelihood of unwanted fire on the area, |
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(b) |
increasing public safety, |
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(c) |
enhancing forest land resources and values, |
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(d) |
enhancing grass land resources and values, or |
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(e) |
meeting other government objectives. |
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