Fire Prevention Act

(1) The Minister may appoint

to carry out the duties set out in this Act and the regulations.

(2) Each Deputy Fire Marshal shall be appointed for a particular area designated by the Minister and shall maintain an office within that area. SNWT 1998,c.21,s.8(2).

(1) The Minister may enter into a written agreement with a municipal corporation authorizing the municipal corporation to exercise any powers or perform any duties of the Fire Marshal under such provisions of this Act and the regulations as may be specified in the agreement.

(2) Prior to entering into an agreement with a municipal corporation under subsection (1), the Minister must

SNWT 1998,c.21,s.8(4).

(1) A municipal corporation which has been authorized to exercise powers or perform duties of the Fire Marshal under subsection 3.1(1) may, by bylaw, establish and charge fees for any services provided by the municipal corporation to the public in exercising those powers or performing those duties.

(2) The Minister must approve any municipal bylaw establishing fees referred to in subsection (1). SNWT 1998,c.21,s.8(4); SNWT 2010,c.16,Sch.A, s.16(3); SNWT 2011,c.5,s.3.

(1) The Fire Marshal has jurisdiction throughout the Northwest Territories.

(2) Each Deputy Fire Marshal shall act under the direction of the Fire Marshal and

shall act within the area for which the Deputy Fire Marshal was appointed in the place of the Fire Marshal and, when acting, has complete jurisdiction and may exercise all the powers and authority of the Fire Marshal. SNWT 2010,c.16,Sch.A,s.16(4).

(1) The chief or acting chief of the fire department of every municipality in which a fire department is established, and the senior administrative officer or other employee appointed by the council of a municipality in which no fire department has been established is, by virtue of their office, a local assistant to the Fire Marshal and is subject to the direction of the Fire Marshal in carrying out the provisions of this Act within the limits of the municipality.

(2) The appropriate municipal council shall immediately notify the Fire Marshal of the full name, address and occupation of any person who by virtue of their appointment is or becomes a local assistant to the Fire Marshal.

(3) In areas outside a municipality, a person appointed by the Minister for the purpose shall have all the powers and shall carry out all the functions and perform the duties of a local assistant.

(4) A member of the Royal Canadian Mounted Police while on duty in the Northwest Territories has all the powers of a local assistant under this Act. SNWT 2010,c.16,Sch.A,s.16(4),(5); SNWT 2023, c.4,s.4.

REVIEW OF PLANS AND SPECIFICATIONS

(1) A person who proposes to construct, alter or repair a structure shall, unless the proposed work is of a class exempted by the regulations, submit a description of the proposed work to the Fire Marshal.

(2) Where the Fire Marshal directs, the person referred to in subsection (1) shall submit copies of all plans and specifications in respect of the proposed work to the Fire Marshal.

(3) The person referred to in subsection (1) shall not begin work on the construction, alteration or repair of a structure until

SNWT 1998, c.21,s.8(5).

(1) The Fire Marshal, a Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant has authority at all times in the performance of their duties or exercise of the powers imposed or conferred on them by this Act or the regulations to enter in and on and examine any structure where a fire has occurred or is in progress and any other structures or premises adjoining or in the vicinity of such structure in connection with an investigation.

(2) In the course of an investigation into a fire, the Fire Marshal, a Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant may

(3) Where any thing is removed under paragraph (2)(e), the person who removed the thing shall return it to the person entitled to it as soon as possible after the investigation is completed, unless

(4) Where a document is removed under paragraph (2)(e) and the state of the document permits a copy to be made of it, the person removing the document shall ensure that a copy of the document is given to the owner or occupant of the structure or premises within five days after the removal. SNWT 2023, c.4,s.7.

(1) A local assistant shall investigate or cause to be investigated in a general way the cause, origin and circumstances of every fire occurring within their jurisdiction by which property has been destroyed or damaged, with the special view of ascertaining whether the fire was the result of negligence, carelessness, accident or design.

(2) Where a local assistant has reason to believe that a fire has been caused deliberately, the local assistant shall immediately advise the Fire Marshal to that effect.

(3) A local assistant shall, immediately after an investigation under subsection (1), provide the Fire Marshal, on a form to be supplied by the Fire Marshal, with a written statement of all the facts that can be ascertained relating to the cause and origin of the fire, and any further information that may be required by the Fire Marshal.

(4) Where a local assistant investigates a fire under subsection (1), the local assistant shall without delay report in writing to the Fire Marshal on any fatality or injury caused by the fire. SNWT 2023, c.4,s.4.

(1) The Fire Marshal or at the request of the Fire Marshal, a Deputy Fire Marshal, Assistant Fire Marshal or any other person designated by the Fire Marshal with the approval of the Minister, may make an inquiry into the cause, origin and circumstances of any fire by which property has been destroyed or damaged.

(2) A person conducting an inquiry under subsection (1) may

(3) An inquiry may, in the discretion of the person conducting it, be made in private, and persons other than those required to be present under this Act may be excluded from the place where the investigation is held.

(4) The person conducting the inquiry may, for the purpose of obtaining further evidence, adjourn the investigation from time to time, but no adjournment shall be for more than 30 days. SNWT 2023,c.4,s.8.

(1) Every fire insurance company shall provide the Fire Marshal with a monthly statement of every fire that occurs in the Northwest Territories in which it is interested as insurer, showing in each case

(2) A statement referred to in subsection (1) shall be provided within 15 days after the end of the month in which the fire occurs and if complete information is not then available, an interim report shall be submitted.

(3) Every person adjusting a claim against an insurer in respect of a loss by fire of property in the Northwest Territories, whether that person represents the insurer or the insured, shall forward a report in writing to the Fire Marshal stating

(4) Where a fire insurance adjuster has reason to believe that a fire has been caused deliberately, the fire insurance adjuster shall make a preliminary report to the Fire Marshal as soon as possible showing

(5) The report referred to in subsection (4) shall be in addition to, and not in place of, any other report required by this Act. SNWT 2010,c.16,Sch.A, s.16(4); SNWT 2023,c.4,s.9.

(1) Where the Fire Marshal, a Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant finds

the Fire Marshal, Deputy Fire Marshal, Assistant Fire Marshal or local assistant may, in writing, order the owner, their agent or the occupant of the building or premises to take the corrective action specified in the order and

(2) Every order made under subsection (1) must specify the date within which the order must be complied with.

(3) Where an appliance, apparatus or place in or on a structure or property is used or intended to be used for supplying fire or heat and, in the opinion of the Fire Marshal, a Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant, the use of the appliance, apparatus or place for that purpose is likely to be dangerous to persons or property, the Fire Marshal, Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant may order in writing that a fire not be lighted or maintained in the appliance, apparatus or place until that dangerous condition has been remedied.

(4) On receipt of the order referred to in subsection (3), the owner or occupant of the structure or property in or on which the appliance, apparatus or place is situated or contained, or the person in charge or control of the appliance or apparatus, shall not light or maintain a fire in the appliance, apparatus or place until the order is rescinded by the person who made it or by the Fire Marshal.

(5) Any condition involving electrical hazards shall be reported by the Fire Marshal, a Deputy Fire Marshal, an Assistant Fire Marshal or a local assistant discovering it to an inspector or Chief Inspector who is or may be appointed for the area under the Electrical Protection Act. SNWT 2010,c.16, Sch.A,s.16(7); SNWT 2023,c.4,s.11.

(1) A person who wants to appeal an order or a decision made under this Act or the regulations by a Deputy Fire Marshal, an Assistant Fire Marshal, a local assistant or a municipal corporation referred to in subsection 3.1(1), may appeal to the Fire Marshal within 10 days after the order or decision has been made.

(2) The order or decision appealed from continues to apply pending disposition of the appeal.

(3) Where the Fire Marshal receives an appeal under subsection (1), the Fire Marshal shall, without delay,

SNWT 1998, c.21,s.8(6); SNWT 2023,c.4,s.13.

(1) If the appellant is dissatisfied with the decision of the Fire Marshal given under section 14, the appellant may, within five days after service on the appellant of a copy of the decision, appeal to a judge of the Supreme Court by notice of appeal filed with the Clerk of the Supreme Court.

(2) The appellant shall, within five days after filing the notice of appeal or within an extended time that the judge of the Supreme Court may allow, file with the Clerk of the Supreme Court a cash security in the sum of $50 or a bond in an amount fixed by the judge, conditioned to pay all the costs of the appeal if the appellant fails to sustain the appeal, or those costs that are awarded against the appellant.

(3) Where an order is made by the Fire Marshal under subsection 12(1), the owner or occupant may within five days after being served with a copy of the order, appeal to a judge of the Supreme Court to review the order, and in that case the provisions of this section apply with such modifications as the circumstances require. SNWT 2025,c.6,s.1(3).

(1) Where an owner or their agent or an occupant fails to comply with an order made under subsection 12(1) within the period of time specified in the order and no appeal has been taken, or where an appeal has been taken under section 14, 14.1 or 15 and a decision has been rendered against the appellant, on the expiry of five days after the date of the decision, the Fire Marshal or the Deputy Fire Marshal may authorize the council of the municipality or the municipal administrator, if any, to take the necessary steps to perform the work required by the order.

(2) The amounts expended in performance of work authorized under subsection (1) may be recoverd from the owner or occupant of the property in the same manner as taxes may be recovered and every such amount shall without delay be added to and form part of the taxes on the property on which the work was done, but in any year the amount so charged shall not exceed 5% of the assessed value of the property described in the order or $50, whichever is the greater. SNWT 2023,c.4,s.16.

(1) Where an order has been made in respect of a structure or premises under subsection 12(1) and the whereabouts of the person named in the order are unknown to the Fire Marshal after reasonable inquiries, the Fire Marshal may apply in accordance with subsection (3) for leave to enter in or on the structure or premises and carry out the order.

(2) Where the Fire Marshal has inspected a structure or premises and has identified corrective actions required in respect of that structure or premises but is unable, after reasonable inquiries, to identify an owner or occupant who can be named in an order under subsection 12(1), the Fire Marshal may apply in accordance with subsection (3) for an order authorizing them to enter in or on the structure or premises to carry out the corrective actions.

(3) On ex parte application by the Fire Marshal for leave under subsection (1) or for an order under subsection (2), a judge of the Supreme Court may grant leave or make an order on any conditions the judge considers appropriate.

(4) If leave has been obtained or an order has been made under subsection (3), the Fire Marshal may enter in or on the structure or premises themself or may authorize in writing any other person to enter in or on the structure or premises to carry out the order of the Fire Marshal or the Supreme Court, as the case may be.

(5) If the carrying out of the order of the Fire Marshal or the Supreme Court results in the salvage of building material from the structure or premises, the person carrying out the order may cause the building material that is saleable to be sold in the manner the Fire Marshal considers appropriate.

(6) The Fire Marshal shall apply the proceeds from a sale under subsection (5) against expenses incurred in carrying out the order of the Fire Marshal or the Supreme Court, and shall pay any surplus to the Minister.

(7) The Minister shall pay the money received under subsection (6) or any part of it

SNWT 2011,c.5,s.4; SNWT 2023,c.4,s.17.

(1) The outside doors and the main inside doors of every structure used as a theatre, dance hall or skating rink and of every structure used as a church, school or place of public resort or amusement having a seating capacity for more than 50 persons shall be so hung as to open freely outwards and, during the time when the structure is being publicly used, shall not be bolted, barred or locked in any manner other than with standard panic hardware, and the gates or outer fences if not so hung shall be kept open by proper fastenings during the time when the structure is being publicly used.

(2) Congregations and societies possessing corporate powers and trustees, incumbents, church wardens and other persons holding church or school property or property used for churches or schools as trustees for such congregations, societies or school districts, are jointly and severally liable for any contravention of subsection (1).

(1) No action, including for equitable relief, lies for any action or omission done in good faith while carrying out a power or duty under this Act, by

(2) For greater certainty, equitable relief includes any proceedings taken by way of prohibition, certiorari, mandamus or injunction. SNWT 2023,c.4,s.19.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(2) Where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is available in printed form, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code as established or as amended from time to time, and upon adoption the code is in force in the Northwest Territories, in whole or in part or with such variations as may be specified in the regulations. S.N.W.T. 1998, c.21,s.8(9); S.N.W.T. 2010,c.16, Sch.A,s.16(4),(8).