OFM - 13(4)

PART V -  Subsection 13.(4)

PART V
FPPA Opinions & Applications

Subsection 13.(4) Common Law Right of Entry

SUBSECTION 2.(1)

"Nothing in this section derogates from a firefighter's right of entry at common law."
 

INTENT:

To clarify that the entire section is for the purpose of establishing rights of entry in emergency situations, but that none of these are meant to take away from the common law rights of entry on property.
 

APPLICATION:

 

Q1:

By using common law entry, what powers does this provide to firefighters?
 

A1:

Common law means law that has been set by judicial precedent. To date a firefighter may enter premises or property where a fire is burning or there is a risk of fire for the purpose of protecting life and property. However, he/she is generally limited to the premises or property where the fire is burning, for the period of the fire.
This principle of common law entry may also be applied to other types of emergency situations , such as rescues.