Acts and Regulations

F-20 - Forest Fires Act

Full text
Repealed on 10 February 2015
CHAPTER F-20
Forest Fires Act
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1In this Act
“burning permit” means a permit issued under subsection 11(3);(permis de brûlage)
“camp fire permit” Repealed: 2002, c.54, s.1
“conservation officer” means a conservation officer appointed under subsection 5.1(1) of the Crown Lands and Forests Act; (agent de conservation)
“debris” means all inflammable waste material;(débris)
“Director” Repealed: 2002, c.54, s.1
“district forester” Repealed: 1978, c.23, s.1
“employee” includes a person who contracts with, or is an agent of an owner or operator;(employé)
“fire” includes a forest fire;(incendie)
“fire season” Repealed: 2002, c.54, s.1
“forest land” means(terre forestière)
(a) any land lying outside the boundaries of a city or town and not cultivated for agricultural purposes, on which trees, shrubs, grass or other plants are growing, together with roads, other than public highways,
(b) any blueberry field lying outside the boundary of a city or town, or
(c) any peat bog lying outside the boundary of a city or town;
“forest service officer” means a forest service officer appointed pursuant to subsection 5(1) of the Crown Lands and Forests Act;(agent du service forestier)
“forest travel permit” Repealed: 2002, c.54, s.1
“industrial fire warden” Repealed: 2002, c.54, s.1
“industrial operation” means(exploitation industrielle)
(a) any work within or upon forest land in which two or more persons are engaged, or
(b) where mechanical equipment is used, any work within or upon forest land in which one or more persons are engaged;
“mechanical equipment” means any vehicle or equipment that is designed primarily for the cutting, felling, bunching, extracting, delimbing, loading or removal of timber or for performing any other similar function with respect to timber;(matériel mécanique)
“Minister” means the Minister of Natural Resources and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“mobile campers” includes all camper or tent trailers, and other vehicles fitted out for mobile accommodation;(véhicule de camping)
“operator” includes(exploitant)
(a) a lessee of forest lands, and
(b) a licensee or permittee authorized by the Minister or an owner to cut or remove any product from forest land;
“prescribed burning” means the burning of forest fuels on a specific area under predetermined conditions so that the fire is confined to such area so as to fulfill silvicultural, wildlife management, sanitary or hazard reduction requirements;(brûlage réglé)
“restricted travel area” Repealed: 2002, c.54, s.1
“recreational camp” includes a cabin or cottage used for hunting, fishing or leisure and occupied during only part of the year;(camp de récréation)
“regional resource manager” Repealed: 2002, c.54, s.1
“work permit” means a permit issued under subsection 18(1).(permis d’exploitation)
1970, c.3, s.1; 1978, c.23, s.1; 1982, c.3, s.33; 1983, c.34, s.1; 1986, c.8, s.50; 1991, c.22, s.1; 2002, c.54, s.1; 2004, c.20, s.30; 2013, c.39, s.13
Application of Act
2This Act applies
(a) to all land within the jurisdiction of the Legislature, and
(b) to all fires that are threatening or burning forest land.
1970, c.3, s.2
Administration of Act
3The Minister is responsible for the administration of this Act and may designate any person to act on his behalf.
1970, c.3, s.3; 1978, c.23, s.2
Agreements in respect of forest fires
4(1)Subject to the approval of the Lieutenant-Governor in Council the Minister may enter into agreements with Canada, a province or with a person, providing for protection of the forests from fire.
4(2)The Lieutenant-Governor in Council may authorize the Minister on behalf of the Province to enter into arrangements with the Northeastern Forest Fire Protection Commission and competent agencies of the United States and Canada providing for exchange of services, information and training in respect of forest fires.
4(3)Subject to the approval of the Lieutenant-Governor in Council, the Minister may enter into an agreement with the owner or owners of private land to lease the private land for the purposes of aerial fire suppression.
1970, c.3, s.4; 2002, c.54, s.2
Fire season
5(1)Subject to subsection (2), the period from the third Monday in April to the thirty-first day of October, inclusive, shall be the fire season for each year.
5(2)Where the Minister considers it advisable and in the public interest, the Minister may vary the date the fire season commences or ends for the whole or any part of the Province, and such variation is effective upon publication in at least two daily newspapers having general circulation throughout the Province.
1970, c.3, s.5; 1991, c.22, s.2; 2002, c.54, s.3
Application of certain sections during the fire season
6Sections 10, 10.1, 10.2, 10.3, 11, 15, 17 and 18 apply only during the fire season.
1970, c.3, s.6; 2002, c.54, s.4
Repealed
7Repealed: 2002, c.54, s.5
1970, c.3, s.7; 2002, c.54, s.5
Repealed
8Repealed: 2002, c.54, s.6
1970, c.3, s.8; 2002, c.54, s.6
Repealed
9Repealed: 2002, c.54, s.7
1970, c.3, s.9; 2002, c.54, s.7
Smoking and burning on forest land
10Where a person is within forest land, he
(a) shall not smoke while moving from one place to another, and
(b) shall not throw away or drop
(i) a burning match,
(ii) ashes from a pipe, cigar or cigarette, or
(iii) any burning substance.
1970, c.3, s.10
Precautions with respect to fires
10.1A person who starts, ignites, tends, fuels, makes use of or is in charge of a fire or who causes a fire to be started or ignited
(a) shall take every reasonable precaution to prevent the fire from spreading, and
(b) shall not leave the fire unattended until it is completely extinguished.
2002, c.54, s.8
Damage to property
10.2A person is liable for any damage or injury to property caused by a fire started or ignited by the person.
2002, c.54, s.8
Information concerning burn days, non-burn days and restricted burn days
10.3The Minister shall, in accordance with the regulations, 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 relation to any category of fire established by regulation.
2002, c.54, s.8
Backfires
10.4Notwithstanding any other provision of this Act or the regulations, a person may, with reasonable care and under the direction of a conservation officer or a forest service officer, start or ignite a backfire for the purpose of stopping a fire already burning.
2002, c.54, s.8; 2013, c.39, s.13
Fires for purpose of training
10.5Notwithstanding any other provision of this Act or the regulations, a conservation officer or a forest service officer may, with reasonable care, start or ignite a fire for the purposes of training or education in fire investigation or suppression.
2002, c.54, s.8; 2013, c.39, s.13
Burning permit
11(1)A person who wishes to start or ignite or cause to be started or ignited a fire of a category established by regulation in respect of which a burning permit is required under the regulations shall
(a) apply to the Minister for a burning permit, and
(b) provide the information or documentation that the Minister requires or that is prescribed by regulation.
11(2)The Minister may, before issuing a burning permit, enter upon the land on which the applicant proposes that the fire be started or ignited to inspect the land for the purpose of determining whether the location and conditions are suitable for starting or igniting a fire of the category in respect of which the application is being made.
11(3)Upon application and payment of the prescribed fee, if any, the Minister may issue a burning permit for the category of fire in respect of which the application is being made.
11(4)The Minister may refuse to issue a burning permit.
11(5)In addition to any terms and conditions imposed in accordance with the regulations, the Minister may impose such terms and conditions on a burning permit as the Minister considers necessary.
11(6)The Minister may, in his or her discretion, cancel a burning permit.
11(7)A person to whom a burning permit is issued shall comply with the terms and conditions of the burning permit.
1970, c.3, s.11; 2002, c.54, s.9
Repealed
12Repealed: 2002, c.54, s.10
1970, c.3, s.12; 1977, c.M-11.1, s.7.2; 1978, c.23, s.3; 1978, c.38, s.4; 1983, c.34, s.2; 2002, c.54, s.10
Repealed
13Repealed: 2002, c.54, s.11
1970, c.3, s.13; 2002, c.54, s.11
Repealed
14Repealed: 2002, c.54, s.12
1970, c.3, s.14; 1977, c.M-11.1, s.7.2; 1978, c.38, s.4; 2002, c.54, s.12
Fire hazard
15(1)Where, in the opinion of the Minister, an accumulation of debris
(a) in or near forest land,
(b) within one hundred metres of the centre of a railway track, or
(c) within fifteen metres of the centre line of a public highway,
is a fire hazard, the Minister may give notice in writing to the owner of the land on which the accumulation is located or an operator with respect to such land that a fire hazard exists on the land.
15(2)An owner or operator notified under subsection (1) shall dispose of the fire hazard without delay and to the satisfaction of the Minister.
15(3)Where an owner or operator fails to comply with subsection (2), a conservation officer or a forest service officer, having obtained the approval of the Minister, may enter upon the land on which the accumulation is located to dispose of the fire hazard.
15(4)Where a conservation officer or a forest service officer enters upon land under subsection (3) and requests the owner or operator and the employees of the owner or operator to help dispose of the fire hazard, the owner or operator and the employees of the owner or operator shall provide that help.
15(5)Where a conservation officer or a forest service officer enters upon land under subsection (3) and disposes of the fire hazard, the owner or operator notified under subsection (1) shall pay to the Province all expenses incurred by the Minister in the disposal of the fire hazard by the officer.
1970, c.3, s.15; 1977, c.M-11.1, s.7.2; 1978, c.23, s.4; 1978, c.38, s.4; 1983, c.34, s.3; 2002, c.54, s.13; 2013, c.39, s.13
Repealed
16Repealed: 2002, c.54, s.14
1970, c.3, s.16; 1977, c.M-11.1, s.7.2; 1978, c.23, s.5; 1978, c.38, s.4; 2002, c.54, s.14
Operation of industrial plants
17(1)Where a mine, stationary sawmill or other industrial plant
(a) in or within four hundred metres of forest land, and
(b) the area around it is not maintained in a manner prescribed by regulation,
the owner or person in charge of it shall not operate it.
17(2)When the Minister believes that the operation of a mine, stationary sawmill or other industrial plant is apt to start a fire, he may order the owner or person in charge to stop the operation.
17(3)An order given under subsection (2) shall be deemed to have been made when it is delivered
(a) personally to, or
(b) by registered mail at the latest known address of,
the owner or person in charge of the mine, stationary sawmill or other industrial plant made subject to the order.
17(4)Repealed: 2002, c.54, s.15
1970, c.3, s.17; 1977, c.M-11.1, s.7.2; 1978, c.23, s.6; 1978, c.38, s.4; 1991, c.22, s.3; 2002, c.54, s.15
Work permits
18(1)Upon application and payment of the prescribed fee, if any, the Minister may issue a work permit to a person who conducts an industrial operation upon forest land.
18(2)The Minister shall, in the work permit issued under subsection (1), describe the forest land upon which the proposed industrial operation is to be conducted, and the Minister may impose on the work permit such terms and conditions as the Minister considers necessary.
18(3)No person shall conduct or continue to conduct an industrial operation upon forest land, unless that person is the holder of a valid and subsisting work permit.
18(3.1)A person to whom a work permit is issued shall comply with the terms and conditions of the work permit.
18(4)In the interest of forest protection, the Minister may
(a) refuse to issue a work permit,
(b) limit the period of time for conducting an industrial operation, or
(c) cancel a work permit.
18(5)Repealed: 2002, c.54, s.16
18(6)A work permit expires on the last day of the fire season for which it was issued except when limited to an earlier date.
18(7)Where a person conducts an industrial operation, he shall provide and maintain such fire fighting equipment as is prescribed by regulation.
18(8)Repealed: 2002, c.54, s.16
1970, c.3, s.18; 1978, c.23, s.7; 2002, c.54, s.16
Repealed
19Repealed: 2002, c.54, s.17
1970, c.3, s.19; 1991, c.22, s.4; 2002, c.54, s.17
Fire on forest land
20(1)When a fire starts from any cause upon forest land, the owner or operator and his employees shall take immediate action to combat the fire, and shall forthwith inform the nearest conservation officer or forest service officer.
20(2)Repealed: 1991, c.22, s.5
20(2.1)A conservation officer or a forest service officer who reaches a fire may
(a) assume direct control of combatting the fire, or
(b) where the officer believes it is appropriate that the owner or operator control the combatting of the fire, delegate direct control to the owner or operator.
20(3)Repealed: 1991, c.22, s.5
20(3.1)If a conservation officer or a forest service officer has assumed control of combatting a fire on forest land, the owner or operator of the forest land shall place the services of those persons under the owner or operator at the disposal of, and shall personally aid, the officer.
20(4)A person in charge of combatting a fire may, with reasonable care, take any reasonable actions the person believes necessary to combat the fire.
20(5)No person is liable to an owner for damage or injury to property caused by any reasonable actions taken to combat a fire in accordance with subsection (4).
20(6)Where it is necessary for a person to cross private land for the purpose of fighting the fire he may do so and is not liable for an action in trespass.
1970, c.3, s.20; 1991, c.22, s.5; 2013, c.39, s.13
Repealed
21Repealed: 2002, c.54, s.18
1970, c.3, s.21; 1983, c.4, s.9; 2002, c.54, s.18
Fire fighters, rates of pay
22The Minister may prescribe the rate of pay for those persons fighting a fire.
1970, c.3, s.22
Forest fire equipment
23(1)The Minister, a conservation officer or a forest service officer may requisition for the duration of a fire any vehicle, boat, aircraft, tool, appliance, and any other equipment or facility required for use in connection with a fire from any person in possession of such equipment or facility.
23(2)The Minister may prescribe the amount payable for equipment and facilities requisitioned under the authority of subsection (1).
23(3)A person in possession of equipment or facilities requisitioned by a conservation officer or a forest service officer shall immediately release it to the officer.
23(4)Where any equipment or facility requisitioned under this section is used and damaged, the Minister may, in his discretion,
(a) repair the equipment or facility at the expense of the Minister to a similar condition as at the time of requisition, or
(b) replace the equipment or facility at the expense of the Minister.
23(5)Where a person is not satisfied with the decision of the Minister under subsection (2) or (4), he may apply to a judge of The Court of Queen’s Bench of New Brunswick for determination thereof.
1970, c.3, s.23; 1979, c.41, s.55; 1987, c.6, s.32; 2013, c.39, s.13
Forest fire fighting expenses
24(1)In this section “carelessness” includes
(a) the failure of a person to obtain a permit when required to do so by this Act,
(b) the negligence of a person in allowing a fire to start, and
(c) the failure of a person to do his utmost to prevent a fire from spreading.
24(2)Where a fire has occurred because of the carelessness of an owner or operator or his employees, unless relieved by regulation, he shall pay to the Minister of Finance the expenses incurred by the Minister in fighting that fire.
24(3)Where a fire has started because of a lightning strike, unless relieved by regulation, an owner shall pay his own expenses but is not required to pay the expenses of the Minister in fighting the fire.
(a) a fire starts from any cause other than
(i) the carelessness of an owner or operator or his employees, or
(ii) lightning, and
(b) the owner of the forest land has allowed the public reasonable access to and the use of his property,
the Province shall pay those fire fighting expenses of the owner or operator that the Minister believes are reasonable.
1970, c.3, s.24; 1983, c.34, s.4; 2002, c.54, s.19
Fire in a city or town
25(1)When he believes it to be in the public interest or when officials of a city or town request it, the Minister may order a conservation officer or a forest service officer to combat a fire within the boundaries of a city or town.
25(2)When a conservation officer or a forest service officer acting on orders given under subsection (1) reaches the fire
(a) he shall assume direct responsibility for combatting it, and
(b) the city or town shall place its aid and the services of those employed by it at the disposal of the officer.
25(3)Where a conservation officer or a forest service officer acts under an order given under subsection (1) the Minister shall pay the expenses of extinguishing the fire within the boundaries of a city or town except,
(a) those expenses incurred up to the time the officer assumed direct responsibility for combatting the fire,
(b) those expenses incurred by the city or town for the use of its own personnel and equipment, and
(c) those expenses for additional personnel and equipment hired by the city or town after the officer has assumed direct responsibility.
1970, c.3, s.25; 1991, c.22, s.7; 2013, c.39, s.13.
Civil action unaffected by Act
26Nothing in this Act limits or affects the right of a person to bring and maintain a civil action for damages occasioned by fire.
1970, c.3, s.26
Repealed
27Repealed: 2002, c.54, s.20
1970, c.3, s.27; 2002, c.54, s.20
Forest service officer empowered as peace officer
28Every conservation officer in carrying out his duties under this Act and the regulations is a person employed for the preservation and maintenance of the public peace and has and may exercise all the powers, authorities and immunities of a peace officer as defined in the Criminal Code, (Canada).
1970, c.3, s.28; 1990, c.22, s.20; 2013, c.39, s.13
Duty to report violation
28.1Section 13 of the Fish and Wildlife Act applies to a conservation officer and a forest service officer for the purposes of this Act and the regulations.
2013, c.39, s.13
Offences and penalties
29(1)A person who violates or fails to comply with section 10 or 10.1, subsection 11(7), 15(2), 15(4), 17(1), 18(3), 18(3.1), 18(7), 20(1) or 20(3.1) or with an order made under subsection 17(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.
29(2)A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (3), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
29(3)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 31(k.2) commits an offence of the category prescribed by regulation.
29(4)Where an offence under subsection 17(1) or 18(3) continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
1970, c.3, s.29; 2002, c.54, s.21
Forest fire awareness week
30In April or May of each year, the Lieutenant-Governor in Council may issue a proclamation calling upon all citizens to observe a forest fire awareness week.
1970, c.3, s.30; 1978, c.23, s.8; 2002, c.54, s.22
Regulations
31The Lieutenant-Governor in Council, may make regulations
(a) respecting, for the purposes of paragraph 11(1)(b), the information or documentation to be provided on application for a burning permit;
(a.1) prescribing the fees to be paid on the issuance of a burning permit or work permit;
(a.2) respecting the terms and conditions of a burning permit or work permit;
(a.3) exempting any person or class of persons from the requirement to hold a burning permit or work permit;
(a.4) establishing categories of fires for the purposes of section 10.3 or in respect of which burning permits are required;
(a.5) respecting categories of fires established under paragraph (a.4), including prohibitions, restrictions and requirements in relation to such categories of fires;
(a.6) respecting prohibitions, restrictions and requirements in relation to any fire that is not of a category established under paragraph (a.4);
(a.7) respecting the method by which information referred to in section 10.3 shall be made available to the public;
(b) respecting fire prevention in or about tents, industrial camps, industrial operations, recreational camps, mines or sawmills;
(c) Repealed: 2002, c.54, s.23
(d) respecting the provision and maintenance of fire fighting equipment in or close to forest land;
(e) respecting fire fighting expenses to be paid by the Minister;
(f) respecting the fire fighting expenses to be paid to the Minister of Finance by a person admitting liability or found to be liable for such expenses and providing for the circumstances for full or partial relief from payment;
(g) Repealed: 2002, c.54, s.23
(h) respecting the use, location and operation of mobile campers in or within thirty metres of forest land;
(i) respecting fire prevention in the use of mechanical equipment in or within thirty metres of forest land;
(j) respecting the storage and handling of liquid fuels in or within thirty metres of forest land;
(k) respecting fire fighting plans on industrial operations;
(k.1) respecting the restriction of access and use for the purposes of paragraph 24(4)(b);
(k.2) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part II of the Provincial Offences Procedure Act;
(k.3) defining words and expressions used but not defined in this Act for the purposes of this Act, the regulations or both;
(l) generally for the better carrying out of this Act.
1970, c.3, s.31; 1978, c.23, s.9; 1983, c.34, s.5; 1991, c.22, s.8; 2002, c.54, s.23
N.B. This Act is consolidated to February 9, 2015.