Acts and Regulations

2014, c.110 - Forest Fires Act

Table of contents
Full text
Current to 1 January 2024
2014, c.110
Forest Fires Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“burning permit” means a permit issued under subsection 12(3). (permis de brûlage)
“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 flammable waste material. (débris)
“employee” includes a person who contracts with or is an agent of an owner or operator. (employé)
“fire” includes a forest fire. (incendie)
“forest land” means(terrain forestier)
(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 boundaries of a city or town, or
(c) any peat bog lying outside the boundaries of a city or town.
“forest service officer” means a forest service officer appointed under subsection 5(1) of the Crown Lands and Forests Act. (agent du service forestier)
“industrial operation” means(exploitation industrielle)
(a) any work within or on forest land in which two or more persons are engaged, or
(b) if mechanical equipment is used, any work within or on 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. (véhicules 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 that area so as to fulfil silvicultural, wildlife management, sanitary or hazard reduction requirements. (brûlage réglé)
“recreational camp” includes a cabin or cottage used for hunting, fishing or leisure and occupied during only part of the year. (camp de loisirs)
“work permit” means a permit issued under subsection 15(1). (permis d’exploitation)
R.S.1973, c.F-20, 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; 2016, c.37, s.79; 2019, c.29, s.180; 2024, c.28, s.27
Application
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.
R.S.1973, c.F-20, s.2
Agreements in respect of forest fires
3(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.
3(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 the exchange of services, information and training in respect of forest fires.
3(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.
R.S.1973, c.F-20, s.4; 2002, c.54, s.2
Fire season
4(1)Subject to subsection (2), the period from the third Monday in April to October 31, inclusive, shall be the fire season for each year.
4(2)If 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 the variation is effective on publication in at least two daily newspapers having general circulation throughout the Province.
R.S.1973, c.F-20, s.5; 1991, c.22, s.2; 2002, c.54, s.3
Application of certain sections during the fire season
5Sections 6, 7, 8, 9, 12, 13, 14 and 15 apply only during the fire season.
R.S.1973, c.F-20, s.6; 2002, c.54, s.4
Smoking and burning on forest land
6When a person is within forest land, the person
(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 other burning substance.
R.S.1973, c.F-20, s.10
Precautions with respect to fires
7A 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
8A 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
9In accordance with the regulations, the Minister shall 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 each county in relation to any category of fire established by regulation.
2002, c.54, s.8
Backfires
10Despite any other provision of this Act or the regulations, with reasonable care and under the direction of a conservation officer or a forest service officer, a person may 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 purposes of training
11Despite any other provision of this Act or the regulations, with reasonable care a conservation officer or a forest service officer may 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
12(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.
12(2)Before issuing a burning permit, the Minister may enter on 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.
12(3)On 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.
12(4)The Minister may refuse to issue a burning permit.
12(5)In addition to any terms and conditions imposed in accordance with the regulations, the Minister may impose the terms and conditions on a burning permit that the Minister considers necessary.
12(6)The Minister may cancel a burning permit in his or her discretion.
12(7)The holder of a burning permit shall comply with the terms and conditions of the burning permit.
R.S.1973, c.F-20, s.11; 2002, c.54, s.9
Fire hazard
13(1)The Minister may give notice in writing to the owner of the land on which an accumulation of debris is located or to an operator with respect to the land, that a fire hazard exists on the land if, in the opinion of the Minister the accumulation of debris is a fire hazard, and if the accumulation is
(a) in or near forest land,
(b) within 100 m of the centre of a railway track, or
(c) within 15 m of the centre line of a public highway.
13(2)An owner or operator notified under subsection (1) shall dispose of the fire hazard without delay and to the satisfaction of the Minister.
13(3)If an owner or operator fails to comply with subsection (2), having obtained the approval of the Minister a conservation officer or a forest service officer may enter on the land on which the accumulation is located to dispose of the fire hazard.
13(4)If a conservation officer or a forest service officer enters on 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.
13(5)If a conservation officer or a forest service officer enters on 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.
R.S.1973, c.F-20, s.15; 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
Operation of industrial plants
14(1)If a mine, stationary sawmill or other industrial plant is in or within 400 m of forest land and 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.
14(2)When the Minister considers that the operation of a mine, stationary sawmill or other industrial plant is apt to start a fire, the Minister may order the owner or person in charge to stop the operation.
14(3)An order given under subsection (2) shall be deemed to have been made when it is delivered to the owner or person in charge of the mine, stationary sawmill or other industrial plant made subject to the order
(a) personally, or
(b) by registered mail at the person’s latest known address.
R.S.1973, c.F-20, s.17; 1978, c.23, s.6; 1978, c.38, s.4; 1991, c.22, s.3; 2002, c.54, s.15
Work permits
15(1)On application and payment of the prescribed fee, if any, the Minister may issue a work permit to a person who conducts an industrial operation on forest land.
15(2)In a work permit issued under subsection (1), the Minister shall describe the forest land on which the proposed industrial operation is to be conducted, and the Minister may impose on the work permit the terms and conditions that the Minister considers necessary.
15(3)No person shall conduct or continue to conduct an industrial operation on forest land unless that person is the holder of a valid and subsisting work permit.
15(4)The holder of a work permit shall comply with the terms and conditions of the work permit.
15(5)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.
15(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.
15(7)If a person conducts an industrial operation, the person shall provide and maintain any firefighting equipment that is prescribed by regulation.
R.S.1973, c.F-20, s.18; 1978, c.23, s.7; 2002, c.54, s.16
Fire on forest land
16(1)When a fire starts from any cause on forest land, the owner or operator and the employees of the owner or operator shall take immediate action to combat the fire and shall inform the nearest conservation officer or forest service officer without delay.
16(2)A conservation officer or a forest service officer who reaches a fire may
(a) assume direct control of combatting the fire, or
(b) delegate direct control to the owner or operator, if the officer considers it appropriate that the owner or operator control the combatting of the fire.
16(3)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 the employees of the owner or operator at the disposal of and shall personally aid the officer.
16(4)A person in charge of combatting a fire may, with reasonable care, take any reasonable actions the person considers necessary to combat the fire.
16(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).
16(6)If it is necessary for a person to cross private land for the purpose of fighting the fire, the person may do so and is not liable for an action in trespass.
R.S.1973, c.F-20, s.20; 1991, c.22, s.5; 2013, c.39, s.13
Firefighters, rates of pay
17The Minister may prescribe the rate of pay for the persons fighting a fire.
R.S.1973, c.F-20, s.22
Forest fire equipment
18(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 that equipment or facility.
18(2)The Minister may prescribe the amount payable for equipment and facilities requisitioned under the authority of subsection (1).
18(3)A person in possession of equipment or facilities requisitioned by a conservation officer or a forest service officer shall immediately release the equipment or facilities to the officer.
18(4)If any equipment or facility requisitioned under this section is used and damaged, the Minister may, in his or her 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.
18(5)If a person is not satisfied with the decision of the Minister under subsection (2) or (4), the person may apply to a judge of The Court of King’s Bench of New Brunswick for determination.
R.S.1973, c.F-20, s.23; 1979, c.41, s.55; 1987, c.6, s.32; 2013, c.39, s.13; 2023, c.17, s.99
Forest firefighting expenses
19(1)In this section, “carelessness” includes(imprudence)
(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 the person’s utmost to prevent a fire from spreading.
19(2)If a fire has occurred because of the carelessness of an owner or operator or the employees of the owner or operator, the owner or operator shall pay to the Minister of Finance and Treasury Board the expenses incurred by the Minister in fighting that fire unless relieved by regulation.
19(3)If a fire has started because of a lightning strike, an owner shall pay the owner’s own expenses unless relieved by regulation, but is not required to pay the expenses of the Minister in fighting the fire.
19(4)The Province shall pay the firefighting expenses of the owner or operator that the Minister considers reasonable if
(a) a fire starts from any cause other than
(i) the carelessness of an owner or operator or the employees of the owner or operator, or
(ii) lightning, and
(b) the owner of the forest land has allowed the public reasonable access to and the use of the owner’s property.
R.S.1973, c.F-20, s.24; 1983, c.34, s.4; 1991, c.22, s.6; 2002, c.54, s.19; 2019, c.29, s.67
Fire in a city or town
20(1)When the Minister considers 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.
20(2)When a conservation officer or a forest service officer acting on orders given under subsection (1) reaches the fire,
(a) the officer shall assume direct responsibility for combatting it, and
(b) the city or town shall place its aid and the services of its personnel at the disposal of the officer.
20(3)When 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) the expenses incurred up to the time the officer assumed direct responsibility for combatting the fire,
(b) the expenses incurred by the city or town for the use of its own personnel and equipment, and
(c) the expenses for additional personnel and equipment hired by the city or town after the officer has assumed direct responsibility.
R.S.1973, c.F-20, s.25; 1991, c.22, s.7; 2013, c.39, s.13
Civil action unaffected by Act
21Nothing in this Act affects the right of a person to bring and maintain a civil action for damages occasioned by fire.
R.S.1973, c.F-20, s.26
Conservation officer empowered as peace officer
22In carrying out his or her duties under this Act and the regulations, a conservation officer 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).
R.S.1973, c.F-20, s.28; 1990, c.22, s.20; 2013, c.39, s.13
Application of Fish and Wildlife Act
23Section 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
24(1)A person who violates or fails to comply with section 6 or 7, subsection 12(7), 13(2) or (4), 14(1), 15(3), (4) or (7), 16(1) or (3) or with an order made under subsection 14(2) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
24(2)Subject to subsection (3), a person who violates or fails to comply with a provision of the regulations commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
24(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 27(r) commits an offence of the category prescribed by regulation.
24(4)If an offence under subsection 14(1) or 15(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.
R.S.1973, c.F-20, s.29; 1990, c.61, s.53; 2002, c.54, s.21
Forest fire awareness week
25In April or May of each year, the Lieutenant-Governor in Council may issue a proclamation calling on all citizens to observe a forest fire awareness week.
R.S.1973, c.F-20, s.30; 1978, c.23, s.8; 2002, c.54, s.22
Administration
26The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
R.S.1973, c.F-20, s.3; 1978, c.23, s.2
Regulations
27The Lieutenant-Governor in Council may make regulations
(a) establishing categories of fires for the purposes of section 9 or in respect of which burning permits are required;
(b) respecting categories of fires established under paragraph (a), including prohibitions, restrictions and requirements in relation to those categories of fires;
(c) respecting prohibitions, restrictions and requirements in relation to any fire that is not of a category established under paragraph (a);
(d) respecting the method by which information referred to in section 9 shall be made available to the public;
(e) respecting, for the purposes of paragraph 12(1)(b), the information or documentation to be provided on application for a burning permit;
(f) prescribing the fees to be paid for the issuance of a burning permit or work permit;
(g) respecting the terms and conditions of a burning permit or work permit;
(h) exempting any person or class of persons from the requirement to hold a burning permit or work permit;
(i) respecting fire prevention in or about tents, industrial camps, industrial operations, recreational camps, mines or sawmills;
(j) respecting the provision and maintenance of firefighting equipment in or close to forest land;
(k) respecting firefighting expenses to be paid by the Minister;
(l) respecting the firefighting expenses to be paid to the Minister of Finance and Treasury Board by a person admitting liability or found to be liable for those expenses and providing for the circumstances for full or partial relief from payment;
(m) respecting the use, location and operation of mobile campers in or within 30 m of forest land;
(n) respecting fire prevention in the use of mechanical equipment in or within 30 m of forest land;
(o) respecting the storage and handling of liquid fuels in or within 30 m of forest land;
(p) respecting firefighting plans on industrial operations;
(q) respecting the restriction of access and use for the purposes of paragraph 19(4)(b);
(r) prescribing, in relation to offences under the regulations, categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act;
(s) defining any word or expression used in but not defined in this Act for the purposes of this Act, the regulations, or both;
(t) generally for the better administration of this Act.
R.S.1973, c.F-20, s.31; 1978, c.23, s.9; 1983, c.34, s.5; 1990, c.61, s.53; 1991, c.22, s.8; 2002, c.54, s.23; 2019, c.29, s.67
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to December 13, 2024.