MGA REVIEWThe word fire appears 105 times in the Municipal Government Act

Section 293

• 293 A municipality may maintain and provide fire and emergency services by providing the service, assisting others to provide the service, working with others to provide the service or a combination of means. 1998, c. 18, s. 293.

294• 294 (1) A body corporate may apply to a municipality for

registration as a fire department. • (2) A municipality shall not refuse to register a body corporate

that complies with this Act if the • (a) municipality is satisfied that the body corporate is capable of

providing the services it offers to provide; • (b) body corporate carries liability insurance, as required by the

municipality; • (c) body corporate does not provide the fire services for profit; and• (d) municipality does not provide the same services for the same

area.

294

• (3) A fire department, including a fire department of a municipality, village or fire protection district, shall register in each municipality in which it provides emergency services.

294

• (4) A registered fire department shall provide the municipality with a list of specific emergency services it will endeavour to provide and the area in which the services will be provided.

294

• (5) Registration continues in force until withdrawn by the municipality for cause or the fire department requests that the registration be revoked.

294

• (6) A municipality may grant or lend money to, or guarantee a loan for, a registered fire department for operating or capital purposes.

294

• (7) A municipality may grant or lend assets, without charge, to a registered fire department.

294

• (8) Registration does not make a fire department an agent of a municipality.

294

• (9) A registered fire department is not a municipal enterprise pursuant to the Municipal Finance Corporation Act. 1998, c. 18, s. 294.

Registration as emergency services provider 295• 295 (1) A body corporate may apply to a municipality for

registration as an emergency services provider to provide emergency services other than fire services.

• (2) A municipality shall not refuse to register a body corporate that complies with this Act if the

• (a) municipality is satisfied that the body corporate is capable of providing the services it has undertaken to provide;

• (b) body corporate carries liability insurance, as required by the municipality;

• (c) body corporate does not provide the emergency services for profit; and

• (d) municipality does not provide the same services for the same area.

295

• (3) A body corporate that applies pursuant to subsection (1) shall register in each municipality in which it provides emergency services.

295

• (4) A registered emergency services provider shall provide the municipality with a list of the specific emergency services it will endeavour to provide and the area in which the services will be provided.

295

• (5) Registration continues in force until withdrawn by the municipality for cause or the emergency services provider requests that the registration be revoked.

295

• (6) A municipality may grant or lend money to, or guarantee a loan for, a registered fire department for operating or capital purposes.

295

• (7) A municipality may grant or lend assets, without charge, to a registered emergency services provider.

295

• (8) Registration does not make an emergency services provider an agent of a municipality.

295

• (9) A registered emergency services provider is not a municipal enterprise pursuant to the Municipal Finance Corporation Act. 1998, c. 18, s. 295.

Policies 296

• 296 (1) The council may make policies respecting full-time, volunteer and composite fire departments and emergency service providers in the municipality.

296• (2) Policies for fire departments and emergency service providers

may include • (a) requirements and procedures for registration; • (b) personnel policies with respect to those members who are

employees of the municipality; • (c) the manner of accounting to the council for the use of funds

provided by the municipality; • (d) an annual meeting to report to the public respecting fire and

emergency services; • (e) such other matters as are necessary and expedient for the

provision of emergency services in the municipality.

296

• (3) The council may require proof of compliance with its policies before advancing any funds. 1998, c. 18, s. 296.

297 Powers where fire • 297 (1) When any fire, rescue or emergency occurs, the fire

chief or other officer in charge, and any person under the direction of that officer, shall endeavour to extinguish the fire and prevent it from spreading, conduct the rescue or deal with the emergency and, for that purpose, may

• (a) command the assistance of persons present and any inhabitant of the municipality;

• (b) remove property from buildings on fire or in danger of fire; • (c) take charge of property; • (d) enter, break into or tear down any building; • (e) exclude and remove persons and vehicles from the building or

vicinity; and • (f) generally do all things necessary to respond to the emergency.

297

• (2) It is an offence to disobey any lawful order or command of the officer in charge.

297

• (3) Where a fire alarm is given or the officer in charge has reason to believe that a fire exists on any premises, the officer in charge and any person under the direction of that officer may enter or break into any building for the purpose of ascertaining whether a fire exists.

297

• (4) The officer in charge may direct that a building be pulled down or otherwise destroyed if, in the judgment of that officer, doing so will tend to contain a fire or protect the public from a dangerous condition.

297

• (5) A municipality, a village, a fire protection district, a fire department, an emergency services provider and an officer in charge, and a person acting under the direction or authority of that officer, are not liable for an act done in the exercise of any of the powers conferred by this Section. 1998, c. 18, s. 297.

298               repealed 2002, c. 6, s. 56.

299 Offence

• 299 It is an offence to interfere with • (a) efforts of a member of a fire department or emergency services

provider to extinguish fires and render assistance in emergencies; and • (b) publicly or privately-owned fire-fighting, rescue or emergency

facilities and equipment and hydrants. 1998, c. 18, s. 299.

300 No liability

• 300 A municipality, a village, a fire protection district, an employee of a municipality, village or fire protection district, a member of the fire department of a municipality, village or fire protection district, a registered fire department, a member of a registered fire department, a registered emergency services provider and a member of a registered emergency services provider are not liable for an act or omission in providing, or failing to provide, an emergency service, unless they are grossly negligent. 1998, c. 18, s. 300.

301 When action lies

• 301 (1) No action lies with respect to an act or omission in providing, or failing to provide, an emergency service against an employee of a municipality, village or fire protection district, a member of the fire department of a municipality, village, fire protection district, registered fire department or registered emergency services provider.

301

• (2) Notwithstanding subsection (1) and subject to Section 300, an action may lie against a municipality, village, fire protection district, registered fire department or registered emergency services provider with respect to its employee, member of its fire department or member. 1998, c. 18, s. 301.

302 Mutual aid

• 302 (1) A municipality may assist at fires, rescues or other emergencies occurring outside its boundaries.

• (2) A municipality may agree with municipalities, villages, fire protection districts, federal and provincial departments and agencies or others to provide assistance at fires, rescues and other emergencies and to receive assistance at fires, rescues and other emergencies.

302

• (3) A fire department that assists a registered fire department pursuant to a mutual aid agreement is not required to register and is entitled to all of the protections provided by this Act for the assisted fire department.

302

• (4) An emergency services provider that assists a registered fire department or registered emergency services provider pursuant to a mutual aid agreement is not required to register and is entitled to all of the protections provided in this Act for the assisted fire department or emergency services provider. 1998, c. 18, s. 302.

Additional thoughts

• Training mandate• OSH mandate• Standards of service• Standards of training• Community Risk analysis• Who will lead in the community• Who will lead at a provincial level

British ColumbiaDivision 3 — Fire Protection

Special fire protection powers

522 (1) Subject to the Fire Services Act and the regulations under it, a

board may, by bylaw, do one or more of the following:

(a) authorize the fire chief to

(i) enter on property and inspect premises for

conditions that may cause a fire, increase the danger

of a fire or increase the danger to persons or

property from a fire,

(ii) take the measures described in the bylaw to

prevent and suppress fires, including the demolition

of buildings and other structures to prevent the

spreading of fire, and

(iii) exercise some or all of the powers of the fire

commissioner under section 25 of the Fire Services

Act, and for these purposes that section applies;

(b) require the owners or occupiers of real property to

remove from a building or yard anything that, in the opinion

of the fire chief, is a fire hazard or increases the danger of

fire;

(c) if property is endangered by debris caused by

lumbering, land clearing or industrial operation, require the

person who is carrying on or who has carried on the

operation, or the owner or occupier of the land on which the

debris exists, to

(i) dispose of the debris, and

(ii) undertake any other actions for the purpose of

removing or reducing the danger

as directed by the bylaw or by the fire chief;

British Columbia

Duties of fire commissioner

3 (1) The fire commissioner must, for fire prevention and inspection, do

the following:

(a) collect and disseminate information about fires in British

Columbia;

(b) investigate and inquire into a fire as the fire

commissioner believes advisable;

(c) investigate conditions under which fires are likely to

occur;

(d) study methods of fire prevention;

(e) give the advice and recommendations the fire

commissioner considers necessary on matters in subsection

(2).

(2) Matters for advice and recommendation of the fire commissioner

are the following:

(a) provision of an adequate water supply;

(b) installation and maintenance of a fire alarm system and

fire extinguishing equipment;

(c) enactment and enforcement of municipal bylaws for fire

prevention or to protect life and property from fire;

(d) planning of a municipal area to protect against fire;

(e) lightning rods;

(f) any other fire prevention and inspection matter.

(3) The fire commissioner must, for fire suppression, do the following:

(a) consult with and give information and advice to fire

chiefs and fire departments;

(b) establish, in consultation with the advisory board and

subject to the minister's approval, minimum standards for

selection and training of fire services personnel;

AlbertaAlberta MGA

Protection of fire service organizations

535.2(1) In this section,

(a) “fire service organization” means

(i) a municipality that provides, through a department, branch or other part of the municipality, fire services for that municipality or on behalf of one or more municipal authorities;

(ii) a regional services commission that provides fire services within its service area;

(iii) a special areas board or the Minister, in the case of a special area or an improvement district, who provides fire services for the special area or improvement district or on behalf of one or more municipal authorities;

(iv) a corporation or other entity, other than a municipal authority or regional services commission, that provides fire services in one or more municipal authorities in accordance with an agreement with, or at the request of, the municipal authority or municipal authorities;

(b) “firefighter” means a member, including a volunteer, of a fire service organization whose functions, duties or powers are to carry out fire services, notwithstanding that the member may carry out other functions, duties or powers for the fire service organization;

(c) “fire services” means services related to the suppression or prevention of fires, rescue and emergency services and other activities of a firefighter.

(2) Fire service organizations, members of a regional services commission and firefighters are not liable for loss or damage caused by anything done or omitted to be done in good faith in the performance or intended performance of their functions, duties or powers in providing or carrying out fire services.

(3) Subsection (2) does not apply in the case of an accident involving a motor vehicle.

Saskatchewan

Saskatchewan,

DIVISION 2

Liability of Members of Council and Municipal Officers

Interpretation of Division

354 In this Division:

(a) “firefighter” means a fire chief and any person employed by, appointed

by or performing duties for a municipality, whether for wages or otherwise, as

a firefighter or to provide fire protection services;

SaskatchewanActs of firefighters

357(1) No action or proceeding lies or shall be instituted against the municipality

or a firefighter for any loss, injury or damage suffered by reason of anything in good

faith done, caused, permitted or authorized to be done, attempted to be done or

omitted to be done by the firefighter while performing his or her duties, including

the performance of those duties outside the municipality or in an emergency.

(2) A firefighter shall be indemnified by the municipality for reasonable legal costs

incurred:

(a) in the defence of a civil action arising out of the performance of his or her

duties, if the firefighter is found not liable;

(b) in the defence of a criminal prosecution arising out of the performance of

his or her duties, if the firefighter is found not guilty; and

(c) with respect to any other proceeding in which the performance of the duties

of the firefighter is in issue, if the firefighter acted in good faith.

(3) If the indemnification of the legal costs of firefighters is provided for in an

agreement, indemnification is to be made pursuant to the terms of the agreement,

and subsection (2) does not apply.

Manitoba

Spheres of jurisdiction

232(1) A council may pass by-laws for municipal purposes respecting the following matters:

(a) the safety, health, protection and well-being of people, and the safety and protection of property;

(b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation;

(c) subject to section 233, activities or things in or on private property;

(c.1) subject to section 233.1, the condition and maintenance of vacant dwellings and non-residential buildings;

(c.2) subject to section 233.2, the conversion of rental units into units under The Condominium Act ;

(d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads;

(e) private works on, over, along or under municipal roads;

(f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned;

(g) the operation of off-road vehicles on public or private property;

(h) drains and drainage on private or public property;

(i) preventing and fighting fires;

Manitoba

DIVISION 3

FIRE PROTECTION SERVICES

Fire protection services

264 Every municipality must provide fire protection services within its boundaries to reduce the danger of fire, which may include education programs, inspections of property, the installation of alarms, instructions on fighting fires, the provision of fir e fighting equipment and a fire protection force.

Fire protection force

265 Fire protection services may be provided by a fire protection force comprised wholly or partly of volunteers.

Agreement

266 For the purpose of providing fire protection services, a municipality may enter into an agreement with a person, another municipality or an agency or department of the Government of Manitoba or the Government of Canada.

Fees for false alarms

267(1) A municipality or a party to an agreement under section 266 may fix a fee or other charge, or a method for determining a charge, for responses by the fire protection force to false alarms caused by automatic fire detection systems.

Collection of fees

267(2) A fee or charge under subsection (1) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.

Services of fire protection force

268 A fire protection force may, with the approval of the council, provide other services, including the prevention and relief of illness and injury and the preservation of life and property.

269 [Repealed] S.M. 2002, c. 26, s. 22; S.M. 2006, c. 19, s. 48

Powers of fire protection force

270 A fire protection force may take such action as it considers reasonably necessary, including using any real or personal property, entering a building or upon land and demolishing or removing a building, tree, structure or crop to provide fire protection services and, subject to the council's approval under section 268, to prevent injury and to preserve life and property.

New Brunswick

27.02(1) This section applies to the following:

(a) a fire department, brigade or association that provides fire protection services or non-fire related rescue services within a local service district;

(b) a member or former member of a fire department, brigade or association referred to in paragraph (a);

(c) the legal representatives or heirs of a person referred to in paragraph (b).

27.02(2)The Minister may indemnify a body or person referred to in subsection (1) against all costs, charges and expenses, including any amount paid to settle an action or satisfy a judgment, reasonably incurred by them in relation to any civil, criminal or administrative action or proceeding to which they are made a party by reason of the actions of a member or former member as a member of the fire department, brigade or association or by reason of being or having been a member of the fire department, brigade or association, as the case may be, if the member or former member

(a) acted honestly and in good faith, and

(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, had reasonable grounds for believing the conduct was lawful.

27.02(3)A body or person referred to in subsection (2) is entitled to indemnity from the Minister in relation to all costs, charges and expenses reasonably incurred in connection with the defence of any civil, criminal or administrative action or proceeding referred to in subsection (2) to which that body or person is made a party if

(a) the body or person seeking indemnity was substantially successful on the merits in defence of the action or proceeding, and

(b) the member or former member in respect of whose actions the action or proceeding was brought fulfills the conditions set out in paragraphs (2)(a) and (b).

2008, c.15, s.1; 2011, c.21, s.1

New Brunswick

“senior appointed officer” means a person employed or appointed by a municipality or a local board who fulfills the responsibilities of any of the following:(fonctionnaire supérieure nommé)

(a) a chief administrative officer, or the person who has the primary responsibility to council for administration of the affairs of the municipality;

(b) a treasurer, or the person who has the primary responsibility to council for the financial affairs of the municipality;

(c) a clerk;

(d) a municipal solicitor, or the person who has the primary responsibility to advise council on legal matters;

(e) a municipal engineer, or the person who has the primary responsibility to council for the construction and maintenance of public works in a municipality;

(f) a municipal planner, or the person who has the primary responsibility to council or a local board for zoning and other community planning matters;

(g) a building inspector, or the person who has the primary responsibility to council for the enforcement of by-laws or other laws with respect to building and construction within the municipality;

(h) a fire chief;

(i) a chief of police;

(j) a purchasing agent;

New BrunswickFIRE PROTECTION AND NON-FIRE RELATED RESCUE

2011, c.21, s.2

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

New Brunswick

IMMUNITY - FIRE PROTECTION SERVICES AND NON-FIRE RELATED RESCUE SERVI CES

2008, c.15, s.2; 2011, c.21, s.4

193.3No action or other proceeding for damages shall be instituted against any of the

following bodies or persons for any loss, injury or damage suffered by reason of anything in

good faith done or omitted to be done by a member or former member of a fire department,

brigade or association that provides fire protection services and non-fire related rescue

services within a municipality, rural community or local service district, by reason of the

member or former member acting as a member of the fire department, brigade or association:

(a) Her Majesty in right of the Province;

(b) the Minister;

(c) a municipality;

(d) a rural community;

(e) the fire department, brigade or association;

(f) a member or former member of the fire department, brigade or association; or

(g) the legal representatives or heirs of a person referred to in paragraph ( f). 2008, c.15, s.2; 2011, c.21, s.5

PEIPART VIII

MUNICIPAL POWERS

30. The council of a town or village set out in Schedule 1 may provide

(a) administration of the municipality;

(b) fire protection and other emergency services;

(c) garbage and refuse collection and disposal;

(d) street lighting;

(e) recreation;

(f) drainage;

PEI

31. The council of a municipality for which a community improvement

committee has been established as set out in Schedule 1 may provide any

of the following services:

(a) administration of the municipality;

(b) fire protection and other emergency services;

(c) garbage and refuse collection and disposal;

(d) street lighting;

(e) recreation;

(f) tree preservation and protection;

(g) black fly and mosquito control. 1983, c.33, s.32; 1992, c.49, s.3;

1996, c.29, s.1; 2001,c.29,s.3.

PEI64. Without prejudice to section 57, a council may make bylaws concerning the services it is authorized to provide under this Act and where so authorized

(a) with respect to matters of municipal administration and in particular

(i) prescribing procedure for meetings of the council, committees, public hearings and annual or special meetings of residents,

(ii) for the management of municipal property,

(iii) respecting the appointment, remuneration, benefits and functions of employees of the municipality,

(iv) the duties of municipal officers and staff;

(b) with respect to fire protection and in particular

(i) fire prevention programs,

(ii) fire protection services and equipment,

(iii) the management of municipal fire departments;

(c) with respect to garbage collection and disposal services and in

particular

• Nova Scotia

Nova Scotia MISC

Fees Payable by Companies Transacting Fire Insurance Business Regulations

made under Section 51 of the Fire Safety Act

S.N.S. 2002, c. 6 O.I.C. 82-334 (March 9, 1982), N.S. Reg. 45/82

as amended by O.I.C. 82-699 (June 8, 1982), N.S. Reg. 134/82

The Governor in Council on the report and recommendation of the Minister of Labour and Manpower dated the 16th day of February, 1982, pursuant to Section 27 of Chapter 9 of the Acts of Nova Scotia, 1976, An Act to Revise Chapter 107 of the Revised Statutes, 1967, the Fire Prevention Act, is pleased to determine and hereby determines that one and one-quarter per cent (1 1/4%) is the sum to be paid in respect of Section 27, effective the 1st day of January, 1983. Effective date amended: O.I.C. 82-699, N.S. Reg. 134/82

Last updated: 18-10-2013

Property Insurance Fire Prevention Tax Regulations

made under Section 51 of the Fire Safety Act

S.N.S. 2002, c. 6 O.I.C. 77-18 (January 11, 1977), N.S. Reg. 2/77

1 These regulations may be cited as the Property Insurance Fire Prevention Tax Regulations.

2 For the purposes of Section 27 of the Fire Prevention Act [Section 50 of the Fire Safety Act] "transacting the business of fire insurance within the Province" shall be and is deemed to mean:

in the case of insurance of property all contracts on which premiums are receivable in respect of property that was situated in the Province at the time the premium became payable after deducting

(i) the cash value of dividends paid or credited by the company to policy holders, and

• British Columbia http://www.bclaws.ca/civix/document/id/complete/statreg/96144_01• Alberta http://www.qp.alberta.ca/documents/Acts/S01.pdf• Saskatchewan http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/F15-001.pdf• Manitoba https://web2.gov.mb.ca/laws/statutes/ccsm/f080e.php• Ontario http://www.ontario.ca/laws/statute/97f04• Quebec

http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/S_3_4/S3_4_A.html

• New Brunswick http://laws.gnb.ca/en/ShowTdm/cs/F-13/• Nova Scotia http://nslegislature.ca/legc/statutes/firesafe.htm• Prince Edward Island http://www.gov.pe.ca/law/statutes/pdf/f-11.pdf• Newfoundland and Labrador http://www.assembly.nl.ca/legislation/sr/statutes/f11-01.htm• http://www.assembly.nl.ca/legislation/sr/annualregs/2012/nr120045.htm• • North West Territories http://www.maca.gov.nt.ca/office-of-the-fire-marshal/• Nunavut

http://www.canlii.org/en/nu/laws/stat/rsnwt-nu-1988-c-f-6/latest/rsnwt-nu-1988-c-f-6.html• Yukon http://www.gov.yk.ca/legislation/acts/fipr.pdf