Entry on adjacent lands by firefighters, etc.

13 (1) A firefighter or such other person as may be authorized by the fire chief, the Fire Marshal or an assistant to the Fire Marshal may, without a warrant, enter on lands or premises,

(a) that are adjacent to the lands or premises on which a fire or emergency has occurred or is occurring, for the purposes of fighting the fire or of providing rescue or emergency services; or
(b) that are adjacent to the lands or premises on which there is a serious threat to the health and safety of any person or the quality of the natural environment, for the purpose of removing or reducing the threat. 1997, c. 4, s. 13 (1); 2001, c. 25, s. 475 (4).

Prevention of fire spreading

(1.1) A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises on which a fire is occurring, or that are adjacent to those lands or premises, for the purposes of pulling down or removing buildings, structures or things on or attached to the lands or premises on which a fire is occurring or that are adjacent to those lands or premises if, in the opinion of the fire chief, it is necessary to do so to prevent the spread of the fire.
2001, c. 25, s. 475 (5).

Entry onto land outside municipality

(2) A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises that are outside the territorial limits of the municipality of the fire department that employs the firefighter or fire chief for the purposes of fighting a fire or of providing rescue or emergency services on such lands or premises if,

(a) in the opinion of the fire chief, the fire or emergency threatens persons, property or the environment within the territorial limits of the municipality served by the fire department; and
(b) there is no fire department or other emergency response capability for the area in which the lands or premises are situated. 1997, c. 4, s. 13 (2).

Automatic aid

(3) A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises that are outside the territorial limits of the municipality of the fire department that employs the firefighter or fire chief for the purposes of fighting a fire or of providing rescue or emergency services on such lands or premises if the council of the municipality has entered into an automatic aid agreement or any other agreement under which the entry is permitted. 1997, c. 4, s. 13 (3).

Common law right of entry preserved

(4) Nothing in this section derogates from a firefighter’s right of entry at common law. 1997, c. 4, s. 13 (4).

Section Amendments with date in force (d/m/y)
2001, c. 25, s. 475 (4, 5) – 01/01/2003

Entry where fire has occurred or is likely to occur

14 (1) The Fire Marshal or a fire chief may, without a warrant, enter on land or premises if,

(a) a fire has occurred on the land or premises; or
(b) he or she has reason to believe that a substance or device that is likely to cause a fire may be situated on the land or premises.

Powers upon entry

(2) Upon entering on land or premises under subsection (1), the Fire Marshal or a fire chief may,

(a) close, and prevent entry to, the land or premises for the length of time necessary to complete the examination of the land or premises;
(b) in the case of an entry under clause (1) (a), remove from the land or premises, retain and examine any article or material, and take such samples or photographs, make videotapes and other images electronic or otherwise that in his or her opinion may be of assistance in determining the cause of the fire under investigation;
(c) make such excavations on the land or premises as he or she considers necessary;
(d) require that any machinery, equipment or device be operated, used or set in motion under specified conditions; and
(e) make any reasonable inquiry of any person, orally or in writing.

Entry to adjacent lands

(3) A person who enters on land or premises under subsection (1), may, without a warrant, enter on adjacent land or premises if the entry is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises.

Same
(4) A person who enters on adjacent land or premises under subsection (3) may exercise any of the powers mentioned in subsection (2) on or with respect to the adjacent land or premises.

Use of force

(5) A person who enters land or premises under subsection (1) or (3) shall not use force to enter the land or premises.

Warrant authorizing entry

(6) A justice of the peace may issue a warrant authorizing the Fire Marshal or a fire chief named in the warrant to enter on land or premises and exercise any of the powers referred to in subsection (2) or (3) if the justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on the lands or premises is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises and,

(a) the Fire Marshal or fire chief has been denied entry to the land or premises or has been obstructed in exercising any
other of those powers with respect to the land or premises; or
(b) there are reasonable grounds to believe that the Fire Marshal or fire chief will be denied entry to the land or premises
or obstructed in exercising any other of those powers with respect to the land or premises.

Execution and expiry of warrant

(7) A warrant issued under subsection (6) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and
(b) state when the warrant expires.

Extension of time

(8) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

(9) A person authorized by a warrant issued under subsection (6) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Application without notice

(10) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupant of the land or premises. 1997, c. 4, s. 14.

Immediate threat to life

15 (1) If the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, he or she may, without a warrant, enter on any land or premises and, for the purpose of removing or reducing the threat, may,

(a) remove persons on the land or premises;
(b) post a fire watch;
(c) remove combustible or explosive material or anything that may constitute a fire menace;
(c.1) dispose of any material or thing that was removed under clause (c), in accordance with any directives issued by the Fire Marshal;
(d) eliminate ignition sources;
(e) install temporary safeguards, including fire extinguishers and smoke alarms;
(f) make minor repairs to existing fire safety systems;
(g) do any other thing that the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe is urgently required to remove or reduce the threat to life. 1997, c. 4, s. 15 (1); 2002, c. 18, Sched. N, s. 3; 2016, c. 37, Sched. 9, s. 1.

Notice to owner

(2) A person who enters land or premises under subsection (1) shall promptly after exercising any powers under this section give notice thereof to the owner if the owner’s whereabouts in Ontario are known. 1997, c. 4, s. 15 (2).

Notice to be posted

(3) The person who gives notice under subsection (2) shall post a copy of the notice on the land or premises. 1997, c. 4, s. 15 (3).

Contents of notice

(4) The notice shall,

(a) describe the location of the land or premises;
(b) state the reason for the entry; and
(c) state the things done under subsection (1) to remove or reduce the threat to life. 1997, c. 4, s. 15 (4).

Use of force

(5) A person who enters on land or premises under this section may call on police officers as necessary and may use force as necessary to make the entry. 1997, c. 4, s. 15 (5).
Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 3 – 26/11/2002
2016, c. 37, Sched. 9, s. 1 – 08/12/2016

Assistance

16 A person who enters on land or premises under section 14 or 15 may call on any other persons he or she considers
advisable to assist. 1997, c. 4, s. 16.

Identification

17 On the request of an owner or occupant of the land or premises, a person who enters on land or premises under section 14
or 15 shall identify himself or herself and shall explain the purpose of the entry. 1997, c. 4, s. 17.