PART VII – OFFENCES AND ENFORCEMENT

PART VII
OFFENCES AND ENFORCEMENT

Subsequent offence

27.1 For the purposes of section 28 or 29, an offence for a contravention of this Act or the regulations is a subsequent offence if there has been a previous conviction for a contravention of this Act or the regulations, as the case may be, regardless of whether the offence that resulted in the previous conviction is based on a contravention of the same provision as the one on whose contravention the subsequent offence is based. 2019, c. 7, Sched. 29, s. 1.

Offences

28. (1) Every person is guilty of an offence if he or she,

(a) hinders, obstructs or interferes with the Fire Marshal, an assistant to the Fire Marshal or a fire chief in the exercise of his or her powers and duties;
(b) prevents an inspector from entering land or premises under section 19 or 20, refuses to answer questions on matters relevant to the inspection or provides the inspector with information, on matters relevant to the inspection, that the person knows, or ought reasonably to know, to be false or misleading;
(c) subject to subsection (2) contravenes any provisions of this Act or the regulations; or
(d) refuses or neglects to obey or carry out the directives of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act. 1997, c. 4, s. 28 (1); 2002, c. 18, Sched. N, s. 6.

Same

(2) A person who contravenes a provision in Part IX of this Act is not guilty of an offence. 1997, c. 4, s. 28 (2).

Penalty, individual

(3) An individual convicted of an offence under subsection (1) is liable to a fine of not more than $50,000 for a first offence and not more than $100,000 for a subsequent offence, or to imprisonment for a term of not more than one year, or to both. 2019, c. 7, Sched. 29, s. 2 (1).

Same, corporation

(4) A corporation convicted of an offence under subsection (1) is liable to a fine of not more than $500,000 for a first offence and not more than $1,500,000 for a subsequent offence. 2019, c. 7, Sched. 29, s. 2 (1).

Offence, director or officer of corporation

(5) A director or officer of a corporation who knows that the corporation is violating or has violated a provision of the fire code is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and not more than $100,000 for a subsequent offence or to imprisonment for a term of not more than one year, or to both. 2005, c. 33, s. 8; 2019, c. 7, Sched. 29, s. 2 (2).

Liability of directors

(6) Despite subsections (1) and (3), every director or officer of a corporation who knowingly commits an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and not more than $100,000 for a subsequent offence or to imprisonment for a term of not more than one year, or to both. 2005, c. 33, s. 8; 2019, c. 7, Sched. 29, s. 2 (2).

Offence, removal of posted notice

29. Any person who removes a copy of an order or of a notice posted in accordance with subsection 15 (3), 24 (2), (3) or 31 (4) without the approval of the Fire Marshal, an assistant to the Fire Marshal or a fire chief is guilty of an offence and on conviction is liable to a fine of not more than $50,000 for a first offence and not more than $100,000 for a subsequent offence or to imprisonment for a term of not more than one year, or to both. 2005, c. 33, s. 9; 2019, c. 7, Sched. 29, s. 3.

Offence, failure to comply with inspection order

30. Every person who fails to comply with an order made under section 21, 25 or 26 is guilty of an offence and on conviction is liable to a fine of not more than $20,000 for every day during which the default continues, and the imposition or payment of the fine does not relieve the person from complying with the order. 2005, c. 33, s. 10.

Limitation period

30.1 No prosecution of an offence under this Act shall be commenced more than one year after the facts on which the prosecution is based first came to the knowledge of,

(a) a firefighter who is employed in, or appointed to, the fire department of a municipality where the offence occurred or is alleged to have occurred; or
(b) an assistant to the Fire Marshal who is responsible for the area where the offence occurred or is alleged to have occurred. 2019, c. 7, Sched. 29, s. 4.

Administrative penalties

Purpose

30.2 (1) The purpose of an administrative penalty imposed under this section is to promote compliance with the requirements established by this Act and the regulations. 2024, c. 2, Sched. 10, s. 1.

Order imposing administrative penalties

(2) If a prescribed authorized person is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2024, c. 2, Sched. 10, s. 1.

Content of order

(3) The order imposing an administrative penalty shall be in writing and shall include the following information:

1. The particulars of the contravention of this Act or the regulations.
2. The date and time by which payment of the administrative penalty must be made.
3. The amount payable and how payment of the administrative penalty may be made.
4. The right to request a review of the administrative penalty order. 2024, c. 2, Sched. 10, s. 1.

Maximum administrative penalty

(4) An administrative penalty for a contravention of this Act or the regulations shall not exceed the following amounts:

1. For a contravention by an individual, $10,000 or such lesser amount as may be prescribed.
2. For a contravention by a person other than an individual, $100,000 or such lesser amount as may be prescribed. 2024, c. 2, Sched. 10, s. 1.

Administrative penalty may be imposed with other measures

(5) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction. 2024, c. 2, Sched. 10, s. 1.

Limitation

(6) An administrative penalty shall not be imposed more than one year after the contravention first came to the knowledge of the prescribed authorized person. 2024, c. 2, Sched. 10, s. 1.

Deadline to pay penalty

(7) A person who has received an order imposing an administrative penalty shall pay the penalty within 30 days after the day the order was served, subject to any stays of the order described in subsection (12). 2024, c. 2, Sched. 10, s. 1.

No right to be heard

(8) There is no right to be heard before an order imposing an administrative penalty is made. 2024, c. 2, Sched. 10, s. 1.

Right to review

(9) A person who has received an order imposing an administrative penalty may submit a request for a review of the order to a prescribed reviewer. 2024, c. 2, Sched. 10, s. 1.

Time to submit request for review

(10) A request for review under subsection (9) must be submitted to the reviewer within 30 days after the order is served. 2024, c. 2, Sched. 10, s. 1.

If review requested

(11) If a person who has received an order imposing an administrative penalty requests a review under subsection (9), the reviewer shall conduct the review in accordance with the regulations. 2024, c. 2, Sched. 10, s. 1.

Stay of order

(12) A review commenced under subsection (9) operates as a stay of the order until the matter is finally disposed of. 2024, c. 2, Sched. 10, s. 1.

Decision of reviewer

(13) After conducting the review, the reviewer may,

(a) find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty;
(b) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or
(c) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, in that case, the reviewer shall amend the order imposing the administrative penalty by reducing the amount of the penalty. 2024, c. 2, Sched. 10, s. 1.

Decision final

(14) The reviewer’s decision is final. 2024, c. 2, Sched. 10, s. 1.

Payment after review

(15) If the reviewer finds under clause (13) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty, the person shall pay the penalty required by the reviewer within 30 days after the day the decision was made. 2024, c. 2, Sched. 10, s. 1.

Enforcement by court

(16) If an order imposing an administrative penalty has been issued under this section to a person and the penalty is not paid by the applicable deadline, the order imposing the administrative penalty or the reviewer’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court. 2024, c. 2, Sched. 10, s. 1.

Postjudgment interest

(17) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (16) and the date on which the order or decision is filed under subsection (19) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2024, c. 2, Sched. 10, s. 1.

Municipal enforcement

(18) If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a municipality and the penalty is not paid within 15 days after the applicable deadline, the treasurer of the municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the municipality for which all of the owners are responsible for paying the administrative penalty and collect it in the same manner as municipal taxes. 2024, c. 2, Sched. 10, s. 1.

Enforcement in territory without municipal status

(19) If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a territory without municipal organization and the penalty is not paid within 15 days after the applicable deadline, the prescribed authorized person who issued the order shall notify the Minister of Finance when,

(a) the time limit for submitting a request for review of the order has expired and no review has been requested; or
(b) a review of the order was requested and the reviewer confirmed or amended the order under clause (13) (b) or (c). 2024, c. 2, Sched. 10, s. 1.

Same

(20) When the Minister of Finance receives notice of an order under subsection (19), the amount of the administrative penalty may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act. 2024, c. 2, Sched. 10, s. 1.

Order to close premises, etc.

31. (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may apply to the Ontario Court of Justice for an order under this section if,

(a) a person who has been convicted of an offence under section 30 for failing to comply with an inspection order under section 21 or an order under section 25 or 26 has not complied with the order within 30 days of the conviction; or
(b) a person who has been convicted of an offence under clause 28 (1) (c) for contravening a provision of the fire code has not ceased to contravene the provision or remedied the contravention within 30 days of the conviction. 1997, c. 4, s. 31 (1); 2002, c. 18, Sched. N, s. 7 (1).

No notice required

(2) An application under subsection (1) may be made without notice to the person referred to in clause (1) (a) or (b). 1997, c. 4, s. 31 (2).

Order

(3) Upon an application under subsection (1), a judge may, if in his or her opinion it is necessary in the interest of public safety, order that the Fire Marshal, assistant to the Fire Marshal or fire chief,

(a) close access to, or remove, the building, structure or premises to which the order relates; or
(b) remove or remove and dispose of any substance, material or thing from the building, structure or premises. 1997, c. 4, s. 31 (3); 2002, c. 18, Sched. N, s. 7 (2).

Application

(4) If an order is made under clause (3) (a), subsection 24 (3) applies with necessary modifications to the service and posting of the order. 1997, c. 4, s. 31 (4).

Compliance order

32. (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may, in addition to any other rights
he or she may have under this Act, apply to a judge of the Superior Court of Justice for an order,

(a) requiring a person to comply with an inspection order made under section 21 or with an order made under section 25 or 26 if the person has failed to comply with the order; or
(b) requiring a person to remedy any contravention of a provision of the fire code. 1997, c. 4, s. 32 (1); 2002, c. 18, Sched. N, s. 8.

Powers of judge

(2) Upon an application being made under subsection (1), a judge may make the order requested or such other order as he or she sees fit. 1997, c. 4, s. 32 (2).

Appeal

(3) An appeal lies to the Divisional Court from the judge’s order. 1997, c. 4, s. 32 (3).

Fire Marshal to carry out inspection order

33. (1) If an order made under subsection 21 (1) or (2) or section 25 or 26 requires a thing to be done, an inspector may apply to the Fire Safety Commission for an order authorizing him or her to cause the thing to be done. 1997, c. 4, s. 33 (1).

Hearing

(2) Upon receiving an application under subsection (1), the Fire Safety Commission shall appoint a time for and hold a hearing. 1997, c. 4, s. 33 (2).

Consolidation of hearings

(3) If an application is made under this section and an appeal is made under section 26 in respect of the same order, the Fire Safety Commission may, if it considers it practical to do so, consolidate the hearings. 1997, c. 4, s. 33 (3).

Grounds for decision

(4) The Fire Safety Commission may authorize the inspector to cause to be done any thing required to be done by an order made under subsection 21 (1) or (2) or section 25 or 26 if,

(a) the person required by the order to do the thing,

(i) has refused to comply with or is not complying with the order,
(ii) is not likely, in the Commission’s opinion, to comply with the order promptly,
(iii) is not likely, in the Commission’s opinion, to carry out the order competently, or
(iv) requests the assistance of the inspector in complying with the order; and

(b) in the Commission’s opinion, failure to do the thing would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it. 1997, c. 4, s. 33 (4).

Powers of Commission

(5) The Fire Safety Commission may, in addition to authorizing an inspector to cause to be done any thing required to be done by an order under subsection 21 (1) or (2) or section 25 or 26,

(a) rescind the order; or
(b) amend the order, or make such other order as the Commission deems should have been made under the relevant section, and order the inspector to do the thing in accordance with the amended order or the other order. 1997, c. 4, s. 33 (5).

Same

(6) If the order amended or made under clause (5) (b) provides for the removal of any combustible or explosive material or any thing that may constitute a fire hazard, the Fire Safety Commission may also authorize the inspector to dispose of the material or thing. 2002, c. 18, Sched. N, s. 9.

Warrant authorizing entry

34. (1) If a justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on certain land or premises is necessary for the purpose of doing a thing that the Fire Safety Commission has authorized to be done under section 33, the justice of the peace may issue a warrant authorizing the person named in the warrant to enter and do the thing on the land or premises including, where necessary, entering an adjacent property in order to access the property named in the warrant.

Execution and expiry of warrant

(2) A warrant issued under subsection (1) 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

(3) 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

(4) A person authorized under subsection (1) 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.

Assistance

(5) A person named in a warrant issued under subsection (1) may call on any other persons he or she considers advisable to execute the warrant.

Application without notice

(6) 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.

Identification

(7) On the request of an owner or occupant of the land or premises, a person who exercises a power conferred under subsection (1) shall identify himself or herself and shall explain the purpose of the entry. 1997, c. 4, s. 34.