On August 1, 2024, the new Fire Safety Act was brought into force, replacing the Fire Services Act. The purpose of this bulletin is to highlight certain elements of this new Act that impact local governments.

     1. Fire Prevention Responsibility

The new Fire Safety Act places clear responsibility on property owners for the assessment and removal of fire hazards on their property. Section 7 of the new Act clearly states that an owner of premises must ensure that no fire hazard exists on or in the owner’s premises. This is a departure from the Fire Services Act, where there was no such explicit requirement on property owners.

     2. Designation of Fire Safety Inspectors and Investigators

Under the new Fire Safety Act, local governments must designate persons or a class of persons as Fire Inspectors.[1] These Fire Inspectors will be responsible for conducting all fire inspections within the local government’s jurisdiction. Local governments should designate a Fire Inspector as soon as possible.

In the Fire Safety Regulation, the Fire Commissioner will designate certain training standards that Fire Inspectors must meet. However, there is a one-year transition period before designated Fire Inspectors are required to meet the necessary training standards.

     3. Inspection and Entry Provisions

The Fire Safety Act includes new inspection and entry authority provisions. Under section 10 of the new Act, Fire Inspectors may, at any reasonable time, enter onto or into premises for the purpose of conducting fire safety inspections.[2] However, before entering a “private dwelling” (including a private residence), Fire Inspectors must have either the consent of the occupier or an entry warrant under section 32 of the Act.

A Fire Inspector that enters onto or into premises to conduct a fire inspection may:

• inspect, analyze, measure, sample, or test anything;
• use or operate anything or require the use or operation of anything, under conditions specified by the inspector;
• take away samples;
• remove a record from the premises; or
• make a record of the premises or of anything on or in the premises.

      4. Tactical and Preventative Evacuations

Unlike the Fire Services Act, the new Fire Safety Act contains express provisions regarding evacuations. The new Act provides authority for tactical and preventative evacuations.

Section 13 of the new Act authorizes the fire chief (or person authorized by the fire chief) to perform tactical evacuations. Namely, if the fire chief (or authorized person) believes there is an “immediate threat to life” due to a fire hazard or explosion, the fire chief (or authorized person) may evacuate a geographic area or premises. Evacuated persons must not return to the evacuated area until notified by the fire chief (or authorized person) that it is safe to do so.

Section 14 of the new Act authorizes local governments to perform preventative evacuations within their jurisdiction. Namely, if the local government believes that conditions exist on or in the premises that a fire on or in the premises would “endanger life” and the owner of the premises has failed to comply with an order by the Fire Inspector, the local government may evacuate the premises. However, before performing a preventative evacuation, the local government must serve the owner of the premises with an evacuation order and post a copy of the evacuation order in a visible location on or in the premises.

    5. Cost Recovery

The new Fire Safety Act arms local government with some additional cost recovery powers.

Section 16 of the new Act authorizes local governments to secure evacuated premises if the owner fails to secure the premises to prevent unauthorized entry. The local government is then permitted to recover the cost of doing so from the property owner as follows:

• For Municipalities – the cost is a special charge within the meaning of s. 250 of the Community Charter [taxes are a special charge on the land] and is deemed to be “delinquent taxes on the land” from the date the costs were incurred. As a result, the municipality can recover its costs by putting the property up for tax sale that same year.
• For Regional Districts – the Board of the Regional District must certify the costs to the surveyor of taxes. Then, the cost forms a lien and charge on the land in favour of the regional district and is deemed “delinquent taxes” from the date of the certificate. The Regional District can then collect the cost in accordance with the Taxation (Rural Areas) Act.

    6. Enforcement

The new Fire Safety Act includes provisions which make enforcement of offences under the Act clearer. For example, the new Act specifies that the limitation period for prosecution of offences under the Act is three (3) years from the date on which the offence occurred.[3] The new Act also specifies the means in which service may be affected.[4]

In addition, the new Act includes increased penalties for offences:

• individuals convicted of an offence are liable to a fine up to $50,000; and
• corporations convicted of an offence are liable to a fine of up to $250,000.[5]

[1] Section 8.

[2] Section 10(1).

[3] Section 40.

[4] Section 45.

[5] Section 36.