Acts and Regulations

84-204 - General

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-204
under the
Forest Fires Act
(O.C. 84-676)
Filed August 10, 1984
Under section 27 of the Forest Fires Act, the Lieutenant-Governor in Council makes the following Regulation:
2015-52
1This Regulation may be cited as the General Regulation - Forest Fires Act.
2In this Regulation
“Act” means the Forest Fires Act;(loi)
“burn day” means, in relation to a county of the Province or a part of such county, a day that is stated in the information made available by the Minister under section 9 of the Act to be a burn day;(jour de brûlage limité)
“carelessness” includes(négligence)
(a) the failure of a person to obtain a permit when required to do so by the Act,
(b) the negligence of a person in allowing a fire to start, and
(c) the failure of a person to do his or her utmost to prevent a fire from spreading;
“Category 1 fire” means a fire that is of the category established under subsection 3.1(1) and that is described in section 3.2;(feu de la catégorie 1)
“Category 2 fire” means a fire that is of the category established under paragraph 3.1(2)(a) and that is described in section 3.3;(feu de la catégorie 2)
“Category 3 fire” means a fire that is of the category established under paragraph 3.1(2)(b) and that is described in section 3.4;(feu de la catégorie 3)
“Category 4 fire” means a fire that is of the category established under paragraph 3.1(2)(c) and that is described in section 3.5;(feu de la catégorie 4)
“day” means the twenty-four hour period between 2 p.m. on one day and 2 p.m. on the following day;(jour)
“industrial camp” means a building or shelter used by a person while he or she is engaged in an industrial operation;(camp industriel)
“mobile home park” means a parcel of land, not in a provincial park,(parc de maisons mobiles)
(a) intended as the location for residential purposes of two or more mobile homes, or
(b) on which two or more mobile homes are located for residential purposes;
“non-burn day” means, in relation to a county of the Province or a part of such county, a day that is stated in the information made available by the Minister under section 9 of the Act to be a non-burn day;(jour de non-brûlage)
“open fire” means any burning conducted in such a manner that combustion products are not vented through a stack or chimney;(feu en plein air)
“private campground” means any area of land where a fee is charged to persons who use the area for camping purposes but does not include a mobile home park; (terrain de camping privé)
“restricted burn day” means, in relation to a county of the Province or a part of such county, a day that is stated in the information made available by the Minister under section 9 of the Act to be a restricted burn day;(jour de brûlage limité)
“untreated woody material” means any part of a tree or any lumber that has not been treated with a chemical substance.(matériaux ligneux non traités)
2003-46; 2009-50; 2015-52; 2017, c.20, s.74
3Sections 3.1 to 15 inclusive apply only during the fire season.
2003-46
ESTABLISHMENT OF CATEGORIES OF FIRES AND PROHIBITIONS, RESTRICTIONS AND REQUIREMENTS IN RELATION TO ESTABLISHED CATEGORIES OF FIRES
2003-46
3.1(1)Category 1 is established as a category of fire for the purposes of section 9 of the Act.
3.1(2)The following are established as categories of fires in respect of which burning permits are required:
(a) Category 2;
(b) Category 3; and
(c) Category 4.
2003-46; 2015-52
3.2A Category 1 fire is an open fire started or ignited in or within sixty metres of forest land to burn no more than four piles of untreated woody material, each of which does not exceed three metres in width, three metres in length and two metres in height.
2003-46
3.3(1)Subject to subsection (2), a Category 2 fire is an open fire started or ignited in or within one hundred metres of forest land to burn
(a) five or more piles of untreated woody material, each of which does not exceed three metres in width, three metres in length and two metres in height, or
(b) one pile of untreated woody material that exceeds three metres in width, three metres in length and two metres in height.
3.3(2)A Category 2 fire does not include any fire started or ignited for the purpose of
(a) treating blueberry plants in a blueberry field lying outside the boundaries of a city or town,
(b) prescribed burning, or
(c) clearing land on which agricultural operations are proposed to be carried on.
2003-46
3.4A Category 3 fire is an open fire started or ignited to burn blueberry plants, straw or propane for the purpose of treating blueberry plants in a blueberry field lying outside the boundaries of a city or town.
2003-46; 2009-50
3.5A Category 4 fire is an open fire started or ignited in or within one hundred metres of forest land to burn forest fuels and grass for the purpose of clearing land on which agricultural operations are proposed to be carried on or for the purpose of prescribed burning.
2003-46; 2009-50
3.6The Minister shall, for the purposes of section 9 of the Act, make available to the public information concerning burn days, non-burn days and restricted burn days for each county of the Province or any part of such county in a message accessible to the public by calling a telephone number advertised by the Minister.
2003-46; 2015-52
3.7(1)No person shall start, ignite, tend, fuel or make use of or cause to be started or ignited an open fire in or within one hundred metres of forest land that is not of a category of fire established under section 3.1.
3.7(2)Subsection (1) does not apply to an open fire started, ignited, tended, fueled or made use of in or within one hundred metres of forest land in
(a) a stove that uses a liquid or gaseous fuel if the flames in the stove can be extinguished by closing the lid of the stove or by closing a fuel control valve,
(b) a portable or permanent stove that uses briquette as fuel if
(i) the stove is at least one metre from any flammable material,
(ii) the stove is designed to be used for cooking or warmth,
(iii) the stove is designed to use and is using commercially produced charcoal as the fuel, and
(iv) the ashes and coals are completely extinguished and disposed of safely before the fire is left unattended, or
(c) a permanent campsite fireplace within a provincial park, as defined in the Parks Act, or within a private campground, if
(i) the fireplace is designed to be used for cooking or warmth, is composed of non-flammable material, has a surface area not greater than one square metre and is not less than fifteen centimetres in height,
(ii) the area under the fireplace and within one metre of the fireplace is bared to mineral soil or is composed of non-flammable material,
(iii) the fireplace is at least three metres from all fine fuels, and
(iv) subject to subparagraph (ii), the height of all grass or weeds growing on land within three metres of the fireplace is no more than ten centimetres.
2003-46; 2009-50
3.8No person shall start, ignite, tend, fuel or make use of or cause to be started or ignited a Category 1 fire in or within sixty metres of forest land situated within a county of the Province or a part of such county on a non-burn day.
2003-46
3.9No person shall start, ignite, tend, fuel or make use of or cause to be started or ignited a Category 1 fire in or within sixty metres of forest land situated within a county of the Province or a part of such county on a restricted burn day other than between 8 p.m. and 8 a.m.
2003-46
3.91A person who starts, ignites, tends, fuels or makes use of or causes to be started or ignited a Category 1 fire in or within sixty metres of forest land situated within a county of the Province or a part of such county on a burn day or between 8 p.m. and 8 a.m. on a restricted burn day shall
(a) ensure that no more than four piles of untreated woody material are ignited or burning at the same time,
(b) if two, three or four piles of untreated woody material are ignited or burning at the same time, ensure that the piles are at least ten metres apart from one another, and
(c) ensure that the fire is not left unattended until it is completely extinguished.
2003-46
3.92No person shall start or ignite or cause to be started or ignited a Category 2 fire in or within one hundred metres of forest land unless the person is the holder of a valid and subsisting burning permit.
2003-46
3.93No person shall start or ignite or cause to be started or ignited a Category 3 fire in a blueberry field lying outside the boundaries of a city or town unless the person is the holder of a valid and subsisting burning permit.
2003-46
3.94No person shall start or ignite or cause to be started or ignited a Category 4 fire in or within one hundred metres of forest land unless the person is the holder of a valid and subsisting burning permit.
2003-46
3.95(1)For the purposes of paragraph 12(1)(b) of the Act, a person applying for a burning permit in respect of a Category 4 fire shall provide the Minister with a burn plan.
3.95(2)A burn plan shall be in writing and shall contain the following information:
(a) a project overview, including the proposed date for the fire, the name of the owner of the land on which the person applying for the burning permit proposes that the fire be started or ignited and the proposed location of the fire on that land;
(b) the objectives to be achieved by the fire;
(c) specifications relating to
(i) the weather conditions required to achieve the objectives referred to in paragraph (b),
(ii) the range of codes and indices of the Canadian Forest Fire Danger Rating System that is required to achieve the objectives referred to in paragraph (b),
(iii) the fuel moisture content required to achieve the objectives referred to in paragraph (b),
(iv) the required fire behaviour to achieve the objectives referred to in paragraph (b), and
(v) weather conditions required to address air quality and smoke management issues;
(d) the measures to be taken for public notification and consultation in relation to the fire and the schedule of such public notification and consultation;
(e) a statement identifying the animals, persons, real and personal property and natural resources in the area surrounding the fire;
(f) preparations required for the fire;
(g) an ignition plan which describes how the fire will be started or ignited and which takes into consideration weather conditions;
(h) a mop-up plan describing the extent of extinguishment that will be required to ensure that the fire will not pose a threat to animals, persons, real or personal property or natural resources in the area surrounding the fire;
(i) a patrol plan describing the manner in which the location where the fire was started or ignited will be monitored to detect potential flare-ups following extinguishment of the fire;
(j) a contingency plan detailing the procedures to be followed in the event that the fire escapes the proposed location of the fire and threatens animals, persons, real or personal property or natural resources in the area surrounding the fire;
(k) a communication plan describing the methods of communicating the status of the fire to persons patrolling the location of the fire and to other interested persons; and
(l) a safety plan identifying the location of safety zones and escape routes in the area surrounding the fire, setting out first aid procedures and identifying any hazards that will or may result from the fire and that may threaten animals, persons, real or personal property or natural resources in the area surrounding the fire.
2003-46; 2015-52
3.96Any person who violates or fails to comply with section 3.92, 3.93 or 3.94 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
2003-46
FIRE PREVENTION RESPECTING TENTS, RECREATIONAL CAMPS, INDUSTRIAL CAMPS AND MOBILE CAMPERS IN OR WITHIN THIRTY METRES OF FOREST LAND 
4Sections 5 to 7 inclusive apply to all tents, recreational camps, industrial camps and mobile campers in or within thirty metres of forest land.
5(1)No person shall erect or locate a tent, recreational camp, industrial camp or mobile camper within thirty metres of any debris.
5(2)No person shall allow any debris to accumulate within thirty metres of a tent, recreational camp, industrial camp or mobile camper.
5(3)When a person vacates a recreational camp, an industrial camp, a tent site or a mobile camper site, he or she shall leave it clean and free from all debris.
2015-52
6When ordered by the Minister, a person shall install a spark arrester of a type satisfactory to the Minister and shall maintain it in an efficient condition on the chimney, stovepipe or flue of a tent, recreational camp, industrial camp or mobile camper equipped with a stove in which solid fuels are burned.
2003-46
7The occupier of a tent, recreational camp, industrial camp or mobile camper shall provide and maintain in good condition a barrel of water with a pail, a tank of water with a hand pump or another adequate fire extinguishing device or facility in or near his or her tent, recreational camp, industrial camp or mobile camper.
2015-52
POWER SAWS WITHIN FOREST LAND
8No person shall operate a power saw within forest land unless
(a) it is equipped with an exhaust muffler in functional condition, and
(b) an accompanying fire extinguisher of a type approved by the Minister or a round point shovel is readily accessible to the operator.
2003-46
DIESEL POWERED MACHINES IN OR WITHIN THIRTY METRES OF FOREST LAND
9No person shall operate a diesel powered mobile or portable machine in or within thirty metres of forest land unless
(a) it is equipped with an exhaust power supercharger,
(b) all its exhaust gases pass through a baffled muffler, or
(c) all its exhaust gases are discharged upward through an exhaust stack which terminates not less than two metres above ground level and has attached to its outlet a spark arresting device approved by the Minister.
2003-46
GASOLINE POWERED MACHINES IN OR WITHIN THIRTY METRES OF FOREST LAND
10No person shall operate a gasoline powered mobile or portable machine in or within thirty metres of forest land unless
(a) all its exhaust gases pass through a baffled muffler, or
(b) all its exhaust gases are discharged upward through an exhaust stack which terminates not less than two metres above ground level.
FIRE FIGHTING ORGANIZATION ON INDUSTRIAL OPERATIONS
11A person conducting an industrial operation shall:
(a) establish a prearranged plan of action to deal with any outbreak of fire; and
(b) assure that each employee designated in the plan of action is made fully aware of his or her responsibilities in case of fire.
2015-52
FIRE FIGHTING EQUIPMENT ON INDUSTRIAL OPERATIONS
Repealed: 2003-46
2003-46
12Repealed: 2003-46
2003-46
FOREST TRAVEL PERMITS
Repealed: 2003-46
2003-46
13Repealed: 2003-46
2003-46
COMMERCIAL REFUSE DUMPS IN OR WITHIN FOUR HUNDRED METRES OF FOREST LAND
Repealed: 2003-46
2003-46
14Repealed: 2003-46
2003-46
MINE, STATIONARY SAWMILL OR OTHER INDUSTRIAL PLANT SITES IN OR WITHIN FOUR HUNDRED METRES OF FOREST LAND
2003-46
15(1)A mine, stationary sawmill or other industrial plant in or within four hundred metres of forest land shall be completely encircled by a fireguard.
15(2)The fireguard shall be:
(a) located on the immediate perimeter of the mine, stationary sawmill or other industrial plant site;
(b) a minimum of fifteen metres in width;
(c) bared to mineral soil; and
(d) kept free of combustible material and combustible structures at all times.
2003-46
LIMITATION OF LIABILITY FOR FIRE FIGHTING EXPENSES
16(1)Where a fire has occurred because of the carelessness of an owner or operator or his or her employees, the owner or operator shall pay those fire fighting expenses incurred by the Minister, as the Minister may determine, up to a maximum of $250,000.
16(2)The expenses incurred by the Minister in subsection (1) do not include the expenses of the owner or operator in providing
(a) his or her own aid, equipment and facilities, and
(b) the services, equipment and facilities of his or her employees
for fire fighting purposes until midnight of the fifth day of the suppression operation.
16(3)When a fire has started because of a lightning strike and the Minister is satisfied that the owner or operator has complied with subsection 16(1) of the Act, the liability of the owner to pay his or her own expenses shall be limited to those incurred by him or her up to midnight of the second day of the suppression operation.
2003-46; 2015-52
17Regulation 70-42 under the Forest Fires Act is repealed.
TABLE I
Repealed: 2003-46
2003-46
N.B. This Regulation is consolidated to January 1, 2018.