Acts and Regulations

M-22 - Municipalities Act

Section 109
Disposition versions

Full text
Fire protection and non-fire related rescue
109(1)A council may make by-laws for the purposes of preventing and extinguishing fires and protecting property from fire and, without restricting the generality of the foregoing,
(a) establishing a fire department, appointing the officers and members thereof, regulating their remuneration and prescribing their duties;
(b) providing for the purchase of vehicles and equipment;
(c) providing for the appointment of fire prevention officers and prescribing their duties;
(d) providing for compensation, by insurance or otherwise, to fire prevention officers and officers and members of the fire department for injuries received by them while performing their duties;
(e) defining and establishing fire zones, regulating the construction and repair of buildings and the occupancy of buildings and premises within such zones;
(f) regulating the storage, handling, transportation and disposal of flammable liquids, solids and gases;
(g) prohibiting or regulating the storage of combustible, explosive or dangerous materials;
(h) regulating the installation of equipment for burning fuel;
(i) regulating the cleaning of chimneys, flues, stove and furnace pipes;
(j) requiring buildings and yards to be kept in a safe condition to guard against fire or other danger;
(k) regulating the removal and safe keeping of ashes;
(l) prohibiting or regulating the lighting of outside fires;
(l.1) prescribing the location and construction of public and private incinerators;
(m) providing that a fire prevention officer, the chief of the fire department or any person authorized in writing by either of them may enter any building at reasonable times to inspect for fire prevention or to investigate the cause or origin of a fire;
(n) regulating the conduct and requiring the assistance of persons present at fires;
(o) authorizing the pulling down or demolition of buildings or other erections to prevent the spread of a fire;
(p) authorizing fire prevention officers to enforce the Fire Prevention Act and the regulations made thereunder;
(q) conferring upon fire prevention officers the same powers under the same conditions as are conferred upon the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.
(r) Repealed: 1982, c.43, s.8
109(1.1)A council may make by-laws for the purposes of non-fire related rescue and, without limiting the generality of the foregoing,
(a) prescribe the duties of officers and members of a fire department in relation to non-fire related rescue;
(b) provide for the purchase of non-fire related rescue vehicles and equipment;
(c) provide for compensation, by insurance or otherwise, to officers and members of the fire department for injuries received by them while performing their non-fire related rescue duties;
(d) regulate the conduct and requiring the assistance of persons present at a non-fire related rescue.
109(2)Where an order is made by a fire prevention officer by authority of a by-law made under paragraph (1)(q)
(a) the order shall be reduced to writing and served by delivering a copy to the person to whom it is addressed or, if such person cannot be found, by posting it in a conspicuous place on the building or premises affected by such order, and
(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under sections 12, 16 or 21 of that Act apply thereto mutatis mutandis.
109(2.1)A person who breaches a by-law made under authority of this section, or who fails to comply with an order of a fire prevention officer authorized by a by-law made under this section, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
109(2.2)Where a person is convicted of an offence under subsection (2.1), the court, in addition to any penalty imposed under subsection (2.1), may order that person to comply with the order.
109(2.3)A person who fails to comply with an order of the court under subsection (2.2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
109(3)Repealed: 1996, c.44, s.1
109(4)Where a building or other erection is pulled down or demolished under a by-law made under paragraph (1)(o) the municipality is liable to compensate any person having an interest in the building or other erection pulled down or demolished for any damage suffered by that person as a result of such pulling down or demolition.
1966, c.20, s.109; 1982, c.43, s.8; 1990, c.61, s.89; 1994, c.16, s.3; 1996, c.44, s.1; 2003, c.27, s.50; 2011, c.21, s.3
Fire protection and non-fire related rescue
109(1)A council may make by-laws for the purposes of preventing and extinguishing fires and protecting property from fire and, without restricting the generality of the foregoing,
(a) establishing a fire department, appointing the officers and members thereof, regulating their remuneration and prescribing their duties;
(b) providing for the purchase of vehicles and equipment;
(c) providing for the appointment of fire prevention officers and prescribing their duties;
(d) providing for compensation, by insurance or otherwise, to fire prevention officers and officers and members of the fire department for injuries received by them while performing their duties;
(e) defining and establishing fire zones, regulating the construction and repair of buildings and the occupancy of buildings and premises within such zones;
(f) regulating the storage, handling, transportation and disposal of flammable liquids, solids and gases;
(g) prohibiting or regulating the storage of combustible, explosive or dangerous materials;
(h) regulating the installation of equipment for burning fuel;
(i) regulating the cleaning of chimneys, flues, stove and furnace pipes;
(j) requiring buildings and yards to be kept in a safe condition to guard against fire or other danger;
(k) regulating the removal and safe keeping of ashes;
(l) prohibiting or regulating the lighting of outside fires;
(l.1) prescribing the location and construction of public and private incinerators;
(m) providing that a fire prevention officer, the chief of the fire department or any person authorized in writing by either of them may enter any building at reasonable times to inspect for fire prevention or to investigate the cause or origin of a fire;
(n) regulating the conduct and requiring the assistance of persons present at fires;
(o) authorizing the pulling down or demolition of buildings or other erections to prevent the spread of a fire;
(p) authorizing fire prevention officers to enforce the Fire Prevention Act and the regulations made thereunder;
(q) conferring upon fire prevention officers the same powers under the same conditions as are conferred upon the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.
(r) Repealed: 1982, c.43, s.8
109(1.1)A council may make by-laws for the purposes of non-fire related rescue and, without limiting the generality of the foregoing,
(a) prescribe the duties of officers and members of a fire department in relation to non-fire related rescue;
(b) provide for the purchase of non-fire related rescue vehicles and equipment;
(c) provide for compensation, by insurance or otherwise, to officers and members of the fire department for injuries received by them while performing their non-fire related rescue duties;
(d) regulate the conduct and requiring the assistance of persons present at a non-fire related rescue.
109(2)Where an order is made by a fire prevention officer by authority of a by-law made under paragraph (1)(q)
(a) the order shall be reduced to writing and served by delivering a copy to the person to whom it is addressed or, if such person cannot be found, by posting it in a conspicuous place on the building or premises affected by such order, and
(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under sections 12, 16 or 21 of that Act apply thereto mutatis mutandis.
109(2.1)A person who breaches a by-law made under authority of this section, or who fails to comply with an order of a fire prevention officer authorized by a by-law made under this section, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
109(2.2)Where a person is convicted of an offence under subsection (2.1), the court, in addition to any penalty imposed under subsection (2.1), may order that person to comply with the order.
109(2.3)A person who fails to comply with an order of the court under subsection (2.2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
109(3)Repealed: 1996, c.44, s.1
109(4)Where a building or other erection is pulled down or demolished under a by-law made under paragraph (1)(o) the municipality is liable to compensate any person having an interest in the building or other erection pulled down or demolished for any damage suffered by that person as a result of such pulling down or demolition.
1966, c.20, s.109; 1982, c.43, s.8; 1990, c.61, s.89; 1994, c.16, s.3; 1996, c.44, s.1; 2003, c.27, s.50; 2011, c.21, s.3
Fire protection
109(1)A council may make by-laws for the purposes of preventing and extinguishing fires and protecting property from fire and, without restricting the generality of the foregoing,
(a) establishing a fire department, appointing the officers and members thereof, regulating their remuneration and prescribing their duties;
(b) providing for the purchase of vehicles and equipment;
(c) providing for the appointment of fire prevention officers and prescribing their duties;
(d) providing for compensation, by insurance or otherwise, to fire prevention officers and officers and members of the fire department for injuries received by them while performing their duties;
(e) defining and establishing fire zones, regulating the construction and repair of buildings and the occupancy of buildings and premises within such zones;
(f) regulating the storage, handling, transportation and disposal of flammable liquids, solids and gases;
(g) prohibiting or regulating the storage of combustible, explosive or dangerous materials;
(h) regulating the installation of equipment for burning fuel;
(i) regulating the cleaning of chimneys, flues, stove and furnace pipes;
(j) requiring buildings and yards to be kept in a safe condition to guard against fire or other danger;
(k) regulating the removal and safe keeping of ashes;
(l) prohibiting or regulating the lighting of outside fires;
(l.1) prescribing the location and construction of public and private incinerators;
(m) providing that a fire prevention officer, the chief of the fire department or any person authorized in writing by either of them may enter any building at reasonable times to inspect for fire prevention or to investigate the cause or origin of a fire;
(n) regulating the conduct and requiring the assistance of persons present at fires;
(o) authorizing the pulling down or demolition of buildings or other erections to prevent the spread of a fire;
(p) authorizing fire prevention officers to enforce the Fire Prevention Act and the regulations made thereunder;
(q) conferring upon fire prevention officers the same powers under the same conditions as are conferred upon the fire marshal by sections 11, 12, 16 and 21 of the Fire Prevention Act.
(r) Repealed: 1982, c.43, s.8
109(2)Where an order is made by a fire prevention officer by authority of a by-law made under paragraph (1)(q)
(a) the order shall be reduced to writing and served by delivering a copy to the person to whom it is addressed or, if such person cannot be found, by posting it in a conspicuous place on the building or premises affected by such order, and
(b) all the provisions of the Fire Prevention Act with respect to an order made by the fire marshal under sections 12, 16 or 21 of that Act apply thereto mutatis mutandis.
109(2.1)A person who breaches a by-law made under authority of this section, or who fails to comply with an order of a fire prevention officer authorized by a by-law made under this section, commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
109(2.2)Where a person is convicted of an offence under subsection (2.1), the court, in addition to any penalty imposed under subsection (2.1), may order that person to comply with the order.
109(2.3)A person who fails to comply with an order of the court under subsection (2.2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
109(3)Repealed: 1996, c.44, s.1
109(4)Where a building or other erection is pulled down or demolished under a by-law made under paragraph (1)(o) the municipality is liable to compensate any person having an interest in the building or other erection pulled down or demolished for any damage suffered by that person as a result of such pulling down or demolition.
1966, c.20, s.109; 1982, c.43, s.8; 1990, c.61, s.89; 1994, c.16, s.3; 1996, c.44, s.1; 2003, c.27, s.50