Statutes and Regulations

PART 5 – General
Division 1 – Exercise of Discretion and Prohibitions
	Power to impose conditions
	54	(1)	A person with a discretion under this Act to make an order or to grant an exemption or authorization under this Act may
			(a)	impose conditions that the person considers necessary or desirable in respect of the order, exemption or authorization, and
			(b)	remove or vary the conditions by own motion or on the application of a person who is the subject of the order, exemption or authorization.
		(2)	A condition imposed under subsection (1) is conclusively deemed to be part of the order, exemption or authorization in respect of which it is imposed, whether contained in or attached to it or contained in a separate document.
	Powers cumulative
	55		Powers under this Act of the minister or an official to
			(a)	make an order, or
			(b)	commence a proceeding
			may be exercised separately, concurrently or cumulatively, and do not affect the exercise of any other powers of the minister, the official or both under this or another enactment.
	Interference, non-compliance and misleading
	56	(1)	In this section, "person acting in an official capacity" means an individual who
			(a)	is employed under the Public Service Act, is a member of the commission or the board, is a person retained under section 138 of the Forest and Range Practices Act, as it applies for the purposes of this Act, or is a temporary employee hired under section 15 of this Act, and
			(b)	is exercising a power or performing a duty or function under this Act.
		(2)	A person must not
			(a)	without lawful excuse, intentionally interfere with a person acting in an official capacity,
			(b)	without lawful excuse, intentionally not comply with a lawful requirement of a person acting in an official capacity, or
			(c)	intentionally make a false statement to, or mislead or attempt to mislead, a person acting in an official capacity.
	Whistle-blower protection
	57		A person must not evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty on, or otherwise discriminate against, a person because that person complains or is named in a complaint, gives evidence or otherwise assists in respect of a prosecution, a complaint or another proceeding under this Act.
Division 2 – Powers of the Minister
	Delegation
	58	(1)	Subject to a regulation made under section 69 (2) (b), the minister, in writing, may
			(a)	delegate a power or duty of the minister under this Act, including a quasi- judicial power or duty, to a person employed in a ministry or to a class of persons employed in a ministry,
			(b)	provide directions that are binding on the delegate respecting the exercise of the power or the performance of the duty or function, and
			(c)	vary or revoke a delegation or direction.
		(2)	In respect of a power or duty delegated under this section, this Act and the regulations apply to the delegate as they apply to the minister.
	Extension of time
	59		The minister may extend a time required to do anything under this Act other than a period within which to make an order or to commence a proceeding.
	Power to enter into agreements
	60		On behalf of the government, the minister or an official designated by the minister may enter into agreements for purposes under this Act including but not limited to agreements respecting fire control.
Division 3 – Libel Protection, Confidentiality and Disclosure
	Protection against libel and slander
	61		For the purposes of any Act or law respecting libel or slander,
			(a)	anything said, all information supplied and all records and things produced in the course of an investigation, an inquiry or proceedings before the board or commission under this Act are privileged to the same extent as if the investigation, inquiry or proceedings were proceedings in a court, and
			(b)	each of a report made by the board or commission and a fair and accurate account of the report in a newspaper, periodical publication or broadcast is privileged to the same extent as if the report of the board or commission were the order of the court.
	Confidentiality and disclosure
	62	(1)	In this section:
			"information" includes a record;
			"person" means
			(a)	the government, board or commission,
			(b)	an employee, agent or independent contractor of the government, board or commission, or
			(c)	a member of the board or commission.
		(2)	Each of the following persons must take an oath that he or she will not disclose information obtained under this Act except as permitted by this section and the Freedom of Information and Protection of Privacy Act and the regulations under that Act:
			(a)	a member of the board or commission;
			(b)	an employee of the board or commission;
			(c)	a person appointed to carry out an audit referred to in section 68;
			(d)	a specialist or consultant retained by the board or commission.
		(3)	A person must not disclose any information obtained in the exercise of a power or the performance of a duty or function under this Act except
			(a)	as required for the performance of his or her duties under this Act or the regulations, or
			(b)	as permitted by this section or the Freedom of Information and Protection of Privacy Act or the regulations under that Act.
		(4)	A person may disclose to the government any information obtained in the exercise of a power or the performance of a duty or function under this Act.
Division 4 - Miscellaneous
	How notice may be given
	63		Section 110 of the Forest and Range Practices Act in respect of how notice may be given applies for the purposes of this Act.
	Evidence of designation or delegation
	64	(1)	A document, purporting to have been issued by any of the ministers referred to in the definition of "official" in section 1, certifying that the minister has designated a person as an official under this Act, is admissible as evidence of the designation without proof of the signature or official character of the minister purporting to have signed the document.
		(2)	A document purporting, to have been issued by the minister responsible for administration of this Act, certifying that the minister has made a delegation under section 58, is admissible as evidence of the delegation without proof of the signature or official character of the minister purporting to have signed the document.
	Appropriation for fire control
	65		If money appropriated for direct fire control costs in any year is insufficient, the extra money is to be paid out of the consolidated revenue fund without any appropriation other than this section.
	Cost of performing obligations
	66		If this Act or a regulation requires a person to perform an obligation or otherwise comply with this Act or the regulations, the person must do so at the person's own expense unless another provision of this Act or the regulations specifically provides otherwise.
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