Act
Proposed Amendments to the Fire Protection and Prevention Act, 1997
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Bill 102
Summary of Decision:
The proposed amendments received Royal Assent on June 8th, and are now in force.
Analysis of Regulatory Impact:
It is not expected that the proposal would result in new costs to government, municipalities, people, or businesses. This approach would have no impact on government positions or costs (i.e., no new FTE positions or costs to government are anticipated; existing positions would be appointed to the Deputy Fire Marshal role). There are no new costs or anticipated burdens for businesses, not-for-profits, or the broader public sector.
Further Information:
Bill 102, Strengthening Safety and Modernizing Justice Act, 2023
Fire Protection and Prevention Act, 1997
Proposal Number:
23-SOLGEN008
Posting Date:
April 25, 2023
Summary of Proposal:
The Ministry of the Solicitor General is seeking input on proposed amendments to the Fire Protection and Prevention Act, 1997 (FPPA) in order to:
•Close gaps in cost recovery provisions related to immediate Authorizations to Close (ATCs) (under Subsections 36(3), 38(1), and 39(1)); and
•Allow the appointment of more than one Deputy Fire Marshal (DFM).
The Ministry of the Attorney General is seeking input on potential amendments to Part X - Fire Safety Commission of the FPPA (which it administers) in order to support the Fire Safety Commission's (FSC) operations by:
•Providing the FSC with the authority to extend the time to appeal an order beyond the current 30-days in exceptional circumstances; and
•Eliminating the three-member quorum requirement so that appeals before the FSC can be heard by a single member.
Cost Recovery
Fire departments may incur expenses when: executing work authorized by the FSC for an Inspection Order; responding to an Immediate Threat to Life; or acting on an Authorization to Close a property under Subsection 21(2)(b).
A fire department can recover costs associated with these responses by issuing an Order to Pay Costs to building owners, who may then appeal.
If appealed, an FSC hearing is held to determine whether costs are: 1) reasonable, and 2) related to the response.
Two gaps exist within FPPA cost recovery provisions related to immediate ATCs:
1) When an Order to Pay Costs is appealed, current FPPA provisions do not allow the FSC to consider whether the costs relate to an immediate ATC.
2) Municipalities and the province are able to use property liens (under 38(1)) and the Provincial Land Tax Act, 2006 (under 39(1)), respectively, to recover costs if an owner does not pay an Order to Pay Costs related to an Immediate Threat to Life or Inspection Order. However, these options are not available for costs related to immediate ATCs.
The ministry is proposing amendments to close these gaps, to:
•Further support cost recovery for municipalities or the province, where fire departments carry out actions related to immediate ATCs, by allowing for use of a municipal lien or the Provincial Land Tax Act, 2006, respectively; and
•Where an Order to Pay Costs is appealed, allow the FSC to consider how a fire department's ATC actions resulted in the claimed cost.
Deputy Fire Marshals
•The Deputy Fire Marshal (DFM) acts for the Fire Marshal if the latter is absent or unable to act (e.g., exercising the powers and duties of the Fire Marshal under section 9 (1) and (2) of the FPPA).
•Current FPPA language allows for only one DFM, which prevents important duties from being executed if both the Fire Marshal and DFM are unavailable.
•Having more than one DFM would ensure there is always someone available to execute these duties.
Fire Safety Commission
The FSC is an adjudicative tribunal that resolves disputes and conducts hearings on fire safety matters. The Ministry of the Attorney General is proposing amendments that would support operational efficiency by:
•Providing the FSC with the authority to extend the time to appeal an order beyond the current 30-days in exceptional circumstances.
•Eliminating the three-member quorum requirement so that appeals before the FSC can be heard by a single member, consistent with other adjudicative tribunals.
•Close gaps in cost recovery provisions related to immediate Authorizations to Close (ATCs) (under Subsections 36(3), 38(1), and 39(1)); and
•Allow the appointment of more than one Deputy Fire Marshal (DFM).
The Ministry of the Attorney General is seeking input on potential amendments to Part X - Fire Safety Commission of the FPPA (which it administers) in order to support the Fire Safety Commission's (FSC) operations by:
•Providing the FSC with the authority to extend the time to appeal an order beyond the current 30-days in exceptional circumstances; and
•Eliminating the three-member quorum requirement so that appeals before the FSC can be heard by a single member.
Cost Recovery
Fire departments may incur expenses when: executing work authorized by the FSC for an Inspection Order; responding to an Immediate Threat to Life; or acting on an Authorization to Close a property under Subsection 21(2)(b).
A fire department can recover costs associated with these responses by issuing an Order to Pay Costs to building owners, who may then appeal.
If appealed, an FSC hearing is held to determine whether costs are: 1) reasonable, and 2) related to the response.
Two gaps exist within FPPA cost recovery provisions related to immediate ATCs:
1) When an Order to Pay Costs is appealed, current FPPA provisions do not allow the FSC to consider whether the costs relate to an immediate ATC.
2) Municipalities and the province are able to use property liens (under 38(1)) and the Provincial Land Tax Act, 2006 (under 39(1)), respectively, to recover costs if an owner does not pay an Order to Pay Costs related to an Immediate Threat to Life or Inspection Order. However, these options are not available for costs related to immediate ATCs.
The ministry is proposing amendments to close these gaps, to:
•Further support cost recovery for municipalities or the province, where fire departments carry out actions related to immediate ATCs, by allowing for use of a municipal lien or the Provincial Land Tax Act, 2006, respectively; and
•Where an Order to Pay Costs is appealed, allow the FSC to consider how a fire department's ATC actions resulted in the claimed cost.
Deputy Fire Marshals
•The Deputy Fire Marshal (DFM) acts for the Fire Marshal if the latter is absent or unable to act (e.g., exercising the powers and duties of the Fire Marshal under section 9 (1) and (2) of the FPPA).
•Current FPPA language allows for only one DFM, which prevents important duties from being executed if both the Fire Marshal and DFM are unavailable.
•Having more than one DFM would ensure there is always someone available to execute these duties.
Fire Safety Commission
The FSC is an adjudicative tribunal that resolves disputes and conducts hearings on fire safety matters. The Ministry of the Attorney General is proposing amendments that would support operational efficiency by:
•Providing the FSC with the authority to extend the time to appeal an order beyond the current 30-days in exceptional circumstances.
•Eliminating the three-member quorum requirement so that appeals before the FSC can be heard by a single member, consistent with other adjudicative tribunals.
Contact Address:
Ministry of the Solicitor General
Strategic Policy, Research, and Innovation Division
George Drew Building
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Strategic Policy, Research, and Innovation Division
George Drew Building
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Royal Assent Date:
June 8, 2023
Decision:
Approved