Amendment to Schedule 17.4 of Regulation 950, R.R.O. 1990: Wording to Designate Fire Code Violations

Communiqué du commissaire des incendies

Amendment to Schedule 17.4 of Regulation 950, R.R.O. 1990: Wording to Designate Fire Code Violations

Communiqué 2015-05

March 18, 2015

The Office of the Fire Marshal and Emergency Management (OFMEM) is pleased to announce the filing of Ontario Regulation 52/15 on March 11, 2015. This regulation amends Schedule 17.4 of Regulation 950, R.R.O. 1990, Proceedings Commenced by Certificate of Offence, by expanding the list of words and expressions (short form wording) set out in Column 1 of the schedule to add 41 Fire Code violations related to smoke alarms, carbon monoxide alarms, records, closures and fire extinguishers, to the 5 that were already in the list. The aim of expanding the list of ticketable offences is to assist fire departments in enforcing the Fire Code.

When commencing a proceeding under Part I of the Provincial Offences Act (POA), the words and expressions set out in Column 1 of the schedule may be used in a certificate of offence, offence notice or summons to designate the offence described in the provision set out in Column 2 of the schedule.

In an order signed on March 17, 2015, the Chief Justice of the Ontario Court of Justice established set fines for the Fire Code violations listed in Schedule 17.4.  The majority of these set fines came into effect on March 17, 2015; the fines relating to carbon monoxide alarm installation/replacement violations come into effect on April 15, 2015.  The amounts of the set fines can be viewed on the Ontario Court of Justice Web site.  Subject to the two set fine effective dates mentioned above, fire departments may now commence proceedings under Part I of the POA for the 41 additional Fire Code offences listed in Schedule 17.4.

Please note that, for several violations, the set fine has increased from $195 to $295, and as a result, the victim fine surcharge is also increasing from $35 to $60, in accordance with the table set out in Ontario Regulation 161/00.  Court costs remain the same at $5, as set out in Regulation 945, R.R.O. 1990.  The OFMEM's technical guideline TG-02-2009, Commencing Proceedings Under Part I of the Provincial Offences Act, will be updated to reflect the changes.

Enquiries regarding the new regulation, the expanded list of Fire Code violations and the set fines should be directed to Assistant Deputy Fire Marshal Pierre Yelle, OFMEM, who can be reached by e-mail at Pierre.Yelle@ontario.ca.