Appeal rights from an Order are outlined under sections 25 – 27 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4 (FPPA).
The first stage of appeal involves a request to the Fire Marshal for a Review of the Order. The Fire Marshal Review process is administered by the Office of the Fire Marshal and Emergency Management (OFMEM). Your rights in relation to this process are outlined in section 25 of the FPPA and are summarized below.
- You have the right to request a review of an Order by the Fire Marshal within 15 calendar days after the Order is served.
- If you require additional time to make this request for review to the Fire Marshal, you must apply for an extension within thirty calendar days after the Order is served. Your application must state reasonable grounds for applying for the extension.
- The Fire Marshal may review the Order without holding a hearing and has the power to confirm, amend, rescind the Order or make a new Order. Alternatively, the Fire Marshal may refer the matter to the Fire Safety Commission.
- Requesting a Fire Marshal Review will result in a stay or suspension of the Order pending a decision of the Fire Marshal. However, the Fire Marshal may, upon request by an inspector, order that the Order take effect immediately where such action is considered necessary in the interest of public safety.
- Additional appeal rights specified under sections 26 (Fire Safety Commission) and 27 (Divisional Court) of the FPPA are available to persons that consider themselves aggrieved by a review decision of the Fire Marshal. Aggrieved persons may include owners, operators, tenants or anyone who may be affected by the Order.