Fire Marshal’s order to pay costs

35 (1) The Fire Marshal, a fire chief or an assistant to the Fire Marshal may issue,

(a) an order, to any person required by an order made under subsection 21 (1) or (2) or section 25 or 26 to do any thing, to pay the costs incurred by the Province of Ontario or a municipality in doing the thing in accordance with an authorization given under section 33;
(b) an order, to the owner or the person having control of land or premises, to pay the costs incurred by the Province of Ontario or a municipality in entering the land or premises and doing any thing under section 15; or
(c) an order, to the owner or occupant of land or premises, to pay the costs incurred by the Province of Ontario or a municipality in doing any thing to cause the land or premises to be closed immediately under clause 21 (2) (b). 2019, c. 7, Sched. 29, s. 5.

Idem

(2) An order under subsection (1) to pay costs shall include,

(a) a description of the things done for which the costs were incurred and a statement of the authority for doing the things;
(b) a detailed account of the costs incurred by the Province of Ontario or the municipality, as the case may be; and
(c) a direction that the person to whom the order is issued pay the costs to the Minister of Finance or the municipality, as the case may be. 1997, c. 4, s. 35 (2); 2002, c. 18, Sched. N, s. 10.

Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 10 – 26/11/2002
2019, c. 7, Sched. 29, s. 5 – 28/06/2019

Appeal to Fire Safety Commission

36 (1) A person to whom an order to pay costs is issued may, by written notice served on the person who issued the order and on the Fire Safety Commission within 15 days after service on the person of a copy of the order, require a hearing by the Commission.

Costs specified in order to pay may be increased by Commission

(2) At a hearing by the Fire Safety Commission on an order to pay costs, the Fire Marshal or an assistant to the Fire Marshal or a fire chief may, on reasonable notice to all parties, ask the Commission to amend the order by adding new items of cost or by increasing the amounts set out in the order.

What Commission may consider at hearing

(3) At a hearing by the Fire Safety Commission on an order to pay costs, the Commission shall consider only whether any of the costs specified in the order,

(a) are unreasonable having regard to what was done; or
(b) do not relate to a thing,

(i) that the person to whom the order to pay costs was issued was required to do by an order made under subsection 21 (1) or (2) or section 25 or 26 or on any appeal from any such order, or
(ii) that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under section 15.

Appeal to Divisional Court

(4) Any party to a hearing by the Fire Safety Commission on an order to pay costs may appeal from the decision of the Commission to the Divisional Court on any question that is not a question of fact alone.

Idem
(5) Subsections 27 (2) and (3) apply with necessary modification to an appeal under subsection (4). 1997, c. 4, s. 36.

Enforcement of order to pay costs

37 (1) An order to pay costs may be filed with the Superior Court of Justice and enforced as if it were an order of the court.
1997, c. 4, s. 37 (1); 2002, c. 18, Sched. N, s. 11.

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order. 1997, c. 4, s. 37 (2).

Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 11 – 26/11/2002

Instructions for municipality to recover costs

38 (1) The Fire Marshal, a fire chief or an assistant to the Fire Marshal may inform a municipality as to the amount of any of the following expenses incurred by the municipality or the Province of Ontario that relate to things done in connection with land or premises in the municipality and instruct the municipality to recover the amounts:

1. Expenses incurred in carrying out an order made under subsection 31 (3) that relates to the land or premises.
2. Where an order to pay costs has been issued under section 35 to a person who owns the lands or premises in the
municipality,

i. expenses incurred in doing anything done in accordance with an authorization given under section 33 to do things to the land or premises, or
ii. expenses incurred in doing a thing under section 15 in order to remove or reduce an immediate threat to life on the land or premises. 1997, c. 4, s. 38 (1).

Municipal lien

(2) Upon receiving instructions under subsection (1), a municipality shall have a lien against the land or premises in respect of which expenses referred to in subsection (1) were incurred for the amount of the expenses. 1997, c. 4, s. 38 (2).

Lien

(3) The amount of any expenses referred to in subsection (1) shall have priority lien status, as described in section 1 of the Municipal Act, 2001, or section 3 of the City of Toronto Act, 2006, as the case may be, and shall be added by the treasurer of the municipality to the tax roll. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (2).

Remitting costs to Province

(4) Subject to subsection (7), money collected in accordance with subsection (3) in order to recover expenses referred to in subsection (1) that were incurred by the Province of Ontario shall be paid by the municipality to the Minister of Finance; but the municipality may retain such amounts as may be reasonably attributable to the collection. 1997, c. 4, s. 38 (4).

Same

(5) A lien created under subsection (2) in favour of a municipality for amounts incurred by the Province of Ontario is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001 or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be. 1997, c. 4, s. 38 (5); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (3).

Interpretation

(6) In subsections (7) and (8),

“cancellation price” has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 20 (4).

Proceeds of tax sale

(7) If there is a sale of land under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be, and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land. 1997, c. 4, s. 38 (7); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (5).

Cancellation price

(8) Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 20 (6).

Section Amendments with date in force (d/m/y)
2002, c. 17, Sched. F, Table – 01/01/2003
2006, c. 32, Sched. C, s. 20 (2-6) – 01/01/2007

Collection of costs

39 (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may give written notice to the Minister of Finance of
the amount of any of the following expenses incurred by the Province of Ontario that relate to things done in connection with
the land and premises in territory without municipal organization, requesting the collection of the amount under the
Provincial Land Tax Act, 2006:

1. Expenses incurred in carrying out an order made under subsection 31 (3) that relates to the land or premises.
2. Where an order to pay costs has been issued under section 35 to a person who owns the lands or premises in territory without municipal organization,

i. expenses incurred in doing anything done in accordance with an authorization given under section 33 to do things
to the land or premises, or
ii. expenses incurred in doing a thing under section 15 in order to remove or reduce an immediate threat to life on the land or premises. 1997, c. 4, s. 39 (1); 2006, c. 33, Sched. Z.3, s. 12 (1).

Same
(2) When the Minister of Finance receives notice of an amount under subsection (1), the amount may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act. 2006, c. 33, Sched. Z.3, s. 12 (2).
(3) REPEALED: 2006, c. 33, Sched. Z.3, s. 12 (2).

Section Amendments with date in force (d/m/y)
2006, c. 33, Sched. Z.3, s. 12 (1, 2) – 01/01/2009

Expenses related to work on other lands

40 The amount to be recovered by way of municipal taxes against land or premises under section 38 or 39 shall include all expenses incurred in doing any thing in connection with the land or premises that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under an order or authorization referred to in subsection 38 (1), whether or not the thing was done on the land or premises. 1997, c. 4, s. 40.