Act
Proposing Administrative Monetary Penalties under the Fire Protection and Prevention Act, 1997
Regulation Number(s):
N/A
Instrument Type:
Act
Bill or Act:
Fire Protection and Prevention Act, 1997
Summary of Proposal:
The Ministry of the Solicitor General is proposing amendments to the Fire Protection and Prevention Act, 1997 (FPPA) to enable a broad legislative Administrative Monetary Penalty (AMP) framework, largely in municipalities, for contraventions of the FPPA and its regulations. Municipalities would collect and retain revenue from AMPs administered within their respective jurisdictions, while revenue from AMPs issued in territories without municipal organization would be directed to the Consolidated Revenue Fund. These amendments will also allow Lieutenant Governor in Council (LGIC) regulatory development to improve and augment enforcement and compliance with the FPPA and its regulations, such as the Ontario Fire Code.
The proposed amendments to the FPPA would establish the following components:
• Maximums - the maximum amount for an AMP would be $10,000 for individuals and $100,000 for persons other than an individual;
• Limitations - an administrative penalty could only be imposed within one year from when the contravention occurred;
• Contents of the Order - the content of an order imposing an administrative penalty would need to include, at a minimum, the following information:
o The particulars of the contravention of this Act or the regulations;
o The date and time by which payment of the administrative penalty must be made;
o The amount payable and how payment of the administrative penalty may be made; and
o The right to request a review of the administrative penalty order.
• Right to Request a Review - a person who has received an order that imposes an administrative penalty on them may request a review of the order within 30 days from the day the order was served.
• AMPs would not be immediately available as an enforcement tool. These amendments will allow future LGIC regulatory development which will provide the technical details to enable:
o Who may impose AMPs;
o Which legislative or regulatory contraventions may be subject to an AMP;
o The method(s) for calculating an AMP;
o Who may review an AMP if it is appealed.
The proposed amendments to the FPPA would establish the following components:
• Maximums - the maximum amount for an AMP would be $10,000 for individuals and $100,000 for persons other than an individual;
• Limitations - an administrative penalty could only be imposed within one year from when the contravention occurred;
• Contents of the Order - the content of an order imposing an administrative penalty would need to include, at a minimum, the following information:
o The particulars of the contravention of this Act or the regulations;
o The date and time by which payment of the administrative penalty must be made;
o The amount payable and how payment of the administrative penalty may be made; and
o The right to request a review of the administrative penalty order.
• Right to Request a Review - a person who has received an order that imposes an administrative penalty on them may request a review of the order within 30 days from the day the order was served.
• AMPs would not be immediately available as an enforcement tool. These amendments will allow future LGIC regulatory development which will provide the technical details to enable:
o Who may impose AMPs;
o Which legislative or regulatory contraventions may be subject to an AMP;
o The method(s) for calculating an AMP;
o Who may review an AMP if it is appealed.
Analysis of Regulatory Impact:
The proposed amendments do not immediately provide authority to impose AMPs, therefore, there are no fiscal impacts to the government or anticipated costs to regulated entities. The proposal raises a moderately low constitutional risk. During the development of corresponding regulations, the ministry will consider options to mitigate the risk.
Further Information:
Fire Protection and Prevention Act, 1997
Proposal Number:
23-SOLGEN033
Posting Date:
December 1, 2023
Comments Due Date:
January 2, 2024
Contact Address:
Ministry of the Solicitor General
Strategic Policy Division
George Drew Building
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
Strategic Policy Division
George Drew Building
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6