Appointment of Fire Marshall

8 (1) There shall be a Fire Marshal who shall be appointed by the Lieutenant Governor in Council.

Deputy Fire Marshal

(2) There shall be a Deputy Fire Marshal, who shall be appointed by the Lieutenant Governor in Council and who shall act in the stead of the Fire Marshal if he or she is absent or unable to act, and who, when so acting, has all the power and authority of the Fire Marshal. 1997, c. 4, s. 8.

Powers of Fire Marshal

9 (1) The Fire Marshal has the power,

(a) to monitor, review and advise municipalities respecting the provision of fire protection services and to make recommendations to municipal councils for improving the efficiency and effectiveness of those services;
(b) to issue directives to assistants to the Fire Marshal respecting matters relating to this Act and the regulations;
(c) to advise and assist ministries and agencies of government respecting fire protection services and related matters;
(d) to issue guidelines to municipalities respecting fire protection services and related matters;
(e) to co-operate with any body or person interested in developing and promoting the principles and practices of fire protection services;
(f) to issue long service awards to persons involved in the provision of fire protection services; and
(g) to exercise such other powers as may be assigned under this Act or as may be necessary to perform any duty assigned under this Act. 1997, c. 4, s. 9 (1).

Duties of Fire Marshal

(2) It is the duty of the Fire Marshal,

(a) to investigate the cause, origin and circumstances of any fire or of any explosion or condition that in the opinion of the Fire Marshal might have caused a fire, explosion, loss of life or damage to property;
(b) to advise municipalities in the interpretation and enforcement of this Act and the regulations;
(c) to provide information and advice on fire safety matters and fire protection matters by means of public meetings, newspaper articles, publications, electronic media and exhibitions and otherwise as the Fire Marshal considers advisable;
(d) to develop training programs and evaluation systems for persons involved in the provision of fire protection services and to provide programs to improve practices relating to fire protection services;
(e) to maintain and operate a central fire college;
(f) to keep a record of every fire reported to the Fire Marshal with the facts, statistics and circumstances that are required under this Act;
(g) to develop and maintain statistical records and conduct studies in respect of fire protection services; and
(h) to perform such other duties as may be assigned to the Fire Marshal under this Act. 1997, c. 4, s. 9 (2).

Application of Public Inquiries Act, 2009

(3) Section 33 of the Public Inquiries Act, 2009 applies to any inquiry or investigation by the Fire Marshal under this Act. 2009, c. 33, Sched. 6, s. 59.

Employment of expert, etc

(4) The Fire Marshal may employ legal, technical, scientific, clerical or other assistance that the Fire Marshal considers advisable or necessary in the conduct of any inquiry or investigation under this Act or in carrying out any of his or her powers or duties under this Act.

Delegation

10 (1) The Fire Marshal may delegate any power or duty that is granted to or vested in the Fire Marshal under this Act to any person or class of persons, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation.

Same

(2) Subsection (1) applies with respect to any power or duty held by the Fire Marshal under this Act, including such statutory
or discretionary powers as may be assigned to the Fire Marshal under this Act.

Certificate of appointment

(3) A certificate under the hand and seal of the Fire Marshal of the appointment of a person under this Act is proof in the
absence of evidence to the contrary of the appointment in any court or elsewhere. 1997, c. 4, s. 10.

Assistants to the Fire Marshal

11 (1) The following persons are assistants to the Fire Marshal and shall follow the Fire Marshal’s directives in carrying out this Act,

(a) the fire chief of every fire department;
(b) the clerk of every municipality that does not have a fire department;
(c) any member of a fire prevention bureau established by a municipality; and
(d) every person designated by the Fire Marshal as an assistant to the Fire Marshal. 1997, c. 4, s. 11 (1); 2002, c. 18, Sched. N, s. 2 (1).

Duty to report

(2) The assistants to the Fire Marshal shall report to the Fire Marshal all fires and other matters related to fire protection services as may be specified by the Fire Marshal. 1997, c. 4, s. 11 (2).

Submitting report

(3) A report under subsection (2) shall be made in the form and manner and within the time period specified by the Fire
Marshal. 1997, c. 4, s. 11 (3).

Workers’ compensation not affected

(4) The relationship between a person who is an assistant to the Fire Marshal under this section and the municipality or such other person by which he or she is employed continues for the purposes of the Workplace Safety and Insurance Act, 1997 as if the person were not an assistant to the Fire Marshal.