Acts and Regulations

2017, c.18 - Local Governance Act

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Fire protection by-laws and enforcement
186(1)A local government may make by-laws for municipal purposes respecting preventing and extinguishing fires and protecting property from fire that, without limitation,
(a) provide for the appointment of fire prevention officers;
(b) authorize fire prevention officers to enforce the Fire Prevention Act and the regulations made under that Act;
(c) authorize the pulling down or demolition of buildings or other structures to prevent the spread of a fire; and
(d) confer on fire prevention officers the same powers under the same conditions as are conferred on the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.
186(2)If a fire prevention officer makes an order under the authority of a by-law made under subsection (1),
(a) the order may be served in accordance with section 152 of this Act, or posted in a conspicuous place on the building or structure affected by the order; and
(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under section 12, 16 or 21 of that Act, apply, with the necessary modifications, to the order.
186(3)Despite paragraph 148(2)(b), a person who violates or fails to comply with a by-law made under subsection (1) or with an order of a fire prevention officer referred to in subsection (2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
186(4)If a person is convicted of an offence under subsection (3), in addition to imposing a fine, a judge of the Provincial Court may, if applicable, order the person to comply with the order of the fire prevention officer.
186(5)A person who fails to comply with an order under subsection (4) within the specified time commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
186(6)If a building or other structure is pulled down or demolished under a by-law made under subsection (1), the local government is liable to compensate any person having an interest in the building or other structure pulled down or demolished for any damage suffered by that person as a result of that action.
Fire protection by-laws and enforcement
186(1)A local government may make by-laws for municipal purposes respecting preventing and extinguishing fires and protecting property from fire that, without limitation,
(a) provide for the appointment of fire prevention officers;
(b) authorize fire prevention officers to enforce the Fire Prevention Act and the regulations made under that Act;
(c) authorize the pulling down or demolition of buildings or other structures to prevent the spread of a fire; and
(d) confer on fire prevention officers the same powers under the same conditions as are conferred on the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.
186(2)If a fire prevention officer makes an order under the authority of a by-law made under subsection (1),
(a) the order may be served in accordance with section 152 of this Act, or posted in a conspicuous place on the building or structure affected by the order; and
(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under section 12, 16 or 21 of that Act, apply, with the necessary modifications, to the order.
186(3)Despite paragraph 148(2)(b), a person who violates or fails to comply with a by-law made under subsection (1) or with an order of a fire prevention officer referred to in subsection (2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
186(4)If a person is convicted of an offence under subsection (3), in addition to imposing a fine, a judge of the Provincial Court may, if applicable, order the person to comply with the order of the fire prevention officer.
186(5)A person who fails to comply with an order under subsection (4) within the specified time commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
186(6)If a building or other structure is pulled down or demolished under a by-law made under subsection (1), the local government is liable to compensate any person having an interest in the building or other structure pulled down or demolished for any damage suffered by that person as a result of that action.