OFM - 28(1)

PART VII - Subsection 28.(1)

PART VII
FPPA Opinions & Applications

Subsection 28.(1) Offences

SUBSECTION 28.(1)

"Every person is guilty of an offence if he or she,

1. 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;
 

2. 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;
 

3. subject to subsection (2) contravenes any provisions of this Act or the regulations; or
 

4. refuses or neglects to obey or carry out the instructions or directions of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act."
 

INTENT:

This subsection consolidates the conditions where a person can be charged under the FPPA.
 

APPLICATION:

 

Q1:

Can an Investigator have a person charged for obstructing him/her in performing his/her duties under 14.(1)?
 

A1:

Yes. Clause 28.(1)(a) states that anyone obstructing either the Fire Marshal, an assistant to Fire Marshal or a fire chief is guilty of an offence. Since an Investigator is delegated the duty of investigation by the Fire Marshal, he/she may not be obstructed in that duty - if a person does so they are guilty of obstructing and may be charged.
 

Q2:

What penalty is there for a municipality or municipal employee for failing to comply with the legislation?
 

A2:

The same penalties apply to municipal corporations as to other corporations. Generally, a municipal employee acting within the scope of his or her authority would not be liable.
 

Q3:

Are assistants to the Fire Marshal subject to fines if they do not follow the direction of the Fire Marshal?
 

A3:

The legislation clearly states that any individual who fails to carry out the instructions of the Fire Marshal is subject to a fine per clause 28.(1)(d). Refusal to carry out directives of Fire Marshal is an offence, and subject to clause 28.(3)(a) may be fined $10,000 or imprisoned for one year, or both.