In response to the Novel Coronavirus (COVID-19) emergency declared by the Government of Ontario, an emergency order (O. Reg. 73/20) has been made that suspends the limitation periods of legislation in Ontario for the duration of the emergency. As such, the normal 15-day and 30-day limitation periods for making a request to the Fire Marshal under Sections 25(1) and 25(3) of the Fire Protection and Prevention Act, 1997 are temporarily suspended while the emergency order is in effect. For the duration of the emergency, the Fire Marshal may accept requests that are made beyond the normal 15-day or 30-day limitation period.
For more information, see Fire Marshal’s Communiqué 2020-07.
A fire department inspector who has carried out an inspection of land or premises has authority under section 21.(1) of the Fire Protection and Prevention Act, 1997 (FPPA) to Order the owner or occupant to take any measure necessary to ensure fire safety on the land or premises.
Appeal rights for individuals who consider themselves aggrieved by an Order made by an inspector are outlined in sections 25 – 27 of the FPPA.
The first stage of appeal is 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).
Following a Fire Marshal Review, additional stages of appeal are available under the FPPA to persons who continue to consider themselves to be aggrieved by an Order. These stages include an appeal to the Fire Safety Commission, an independent adjudicative tribunal not affiliated with the OFMEM, and an appeal to Divisional Court.
Note: If you have been served with an Order, it is important to either comply by the date set out in the Order or to exercise your appeal rights, otherwise you may be subject to penalties as specified in s. 30 of the FPPA.