OFM - 2(7)

PART II - Subsection 2.(7)

PART II
FPPA Opinions & Applications

Subsection 2.(7) Review of Municipal Fire Services

SUBSECTION 2.(7)

"The Fire Marshal may monitor and review the fire protection services provided by municipalities to ensure that municipalities have met their responsibilities under this section and, if the Fire Marshal is of the opinion that, as a result of a municipality failing to comply with its responsibilities under subsection (1), a serious threat to public safety exists in the municipality, he or she may make recommendations to the council of the municipality with respect to possible measures the municipality may take to remedy or reduce the threat to public safety."

INTENT:

This clause is part of the "fail safe" mechanism which protects the provincial interest in public fire safety.

APPLICATION:

 

Q1:

How will the prevention and public education requirement be enforced?
 

A1:

The Fire Marshal has the authority to monitor and review the fire protection services being provided by a municipality. Where the Fire Marshal is of the opinion that the municipality has failed to provide adequate fire protection services and, as a result, a serious threat to public safety exists, he or she may make recommendations to the municipal council with respect to possible measures the municipality may take to reduce or remove the threat to public safety.
If the council fails to follow the recommendations of the Fire Marshal or to take alternative measures which, in the opinion of the Fire Marshal, will reduce the threat to public safety to an acceptable level of risk, then subsection 2.(8) authorizes the Minister to recommend to the Lieutenant Governor in Council that a regulation be made. This regulation may establish standards for fire protection services in municipalities and require the municipalities to comply with the standards. The regulation can apply to all municipalities or just to the municipalities specified in the regulation.
  

Q2:

Under what circumstances would the Fire Marshal exercise this monitoring and review power?
 

A2:

The monitoring of all fire departments will be an on-going process using a variety of means such as fire statistics and surveys.
If this monitoring process indicates there may be a potential for a serious threat to public safety in a particular community, then a more detailed review would be undertaken of the fire protection services in that community. The OFM would work with local officials (and those of neighbouring municipalities) to help to solve the problem locally.
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