Forest Protection Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.F-10
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.10 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.13 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.17 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.19 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.20 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.20 amended by Miscellaneous Statute Law Amendment Act, 2022
- s.23 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.26 amended by Miscellaneous Statute Law Amendment Act, 2010
- s.28 amended by Miscellaneous Statute Law Amendment Act, 2010
Definitions
1.In this Act,
"closed district" means an area declared to be a closed district under paragraph 19(1)(f); (zone fermée)
"closed season" means the period referred to in subsection 10(1) or the period established in an order made under subsection 10(2); (période de fermeture)
"engine" means a steam locomotive, a traction, logging, stationary or portable engine or other power-producing plant or similar device; (machine)
"flammable material" means trees, timber, brush, slash, grass, debris or other vegetation or things of a similar nature; (matières inflammables)
"forest area" means uncultivated land that, by reason of the existence of trees, grass or other vegetation on the land, possesses timber, forage, recreational, wildlife or other value; (région forestière)
"forest officer" means a forest officer appointed under subsection 17(1) or an ex officio forest officer referred to in subsection 17(2); (agent forestier)
"Forest Supervisor" means the Forest Supervisor appointed under section 16; (directeur des forêts)
"permit" means a permit issued under section 21. (permis)
PROTECTION OF FORESTS
Extinguish- ment of fires
2.(1) No person shall leave the vicinity of a fire that he or she has set out, started or kindled until that person has totally extinguished the fire.
(2) Subsection (1) does not apply to a fire kindled in a stove, furnace or other device suitably designed and capable of confining the fire.
Explosives, lighted substances
3.No person who uses an explosive or throws a lighted or smoldering substance within a forest area or within one kilometre of a forest area shall leave the vicinity until he or she has made certain that the explosive or substance is extinguished or rendered harmless.
Site for open fires
4.Every person who sets a fire out of doors shall
(a) select a site as free from flammable material as possible; and
(b) exercise every reasonable precaution to prevent the fire from spreading.
Clearance of space around sites
5.(1) Where directed to do so by the Forest Supervisor or under paragraph 19(1)(c), the owner or person in charge of a camp, mine, sawmill or other logging or industrial operation shall clear and keep clear of flammable material the space surrounding the site of the camp, mine, sawmill or other logging or industrial operation, or any part of it, that the Forest Supervisor specifies.
(2) Subject to this Act, every person clearing a right-of-way for a road, trail, tote road, ditch, flume, telephone, telegraph or power or pipe line shall burn all flammable material on the right-of-way
(a) as rapidly as clearing progresses and weather conditions permit; or
(b) at the time that the Forest Supervisor directs.
(3) No person clearing land shall engage in lumbering or logging operations or fell trees, brush or other flammable material in a way that the flammable material will be left on land not owned, leased or otherwise held by him or her.
Duty to extinguish and report fires
6.(1) Every person who discovers a fire within a forest area or within one kilometre of a forest area shall
(a) take all steps available to that person to extinguish the fire; and
(b) report the fire or cause the fire to be reported to the nearest forest officer by the fastest available means of communication, whether or not that person believes the fire to be completely extinguished.
(2) On request by a forest officer, every person shall supply to the forest officer all the information that the person has respecting a forest fire.
Duty to assist
7.(1) The owner or occupant of land on which a fire is burning out of control and any person conducting any land clearing, lumbering or other operation on that land shall
(a) use every means available to him or her to extinguish the fire and prevent its spread; and
(b) at his or her own expense, place his or her services and those of his or her employees and agents at the disposal of a forest officer for the purpose of extinguishing the fire and preventing its spread.
(2) No person referred to in subsection (1) shall continue to carry on or resume an operation on land on which a fire is burning out of control until he or she receives written permission from a forest officer.
Compliance with orders
8.(1) Every person who receives a written direction, notice or order under this Act shall comply with it without delay.
(2) No person who is prohibited from entering a closed district by a declaration under paragraph 19(1)(f) shall enter the closed district, and no person who may enter the closed district shall carry on any activity prohibited by a declaration under paragraph 19(1)(f), unless he or she has received written permission from a forest officer to do so.
Obstruction
9.(1) No person shall hinder, obstruct or impede a forest officer or other person in the performance of his or her duties under this Act.
(2) No person shall, unless authorized to do so, destroy, deface or remove a fire warning or other order or notice posted under this Act.
(3) No person shall, without lawful authority, damage or remove tools or equipment placed in a forest area for fire protection purposes.
Closed season
10.(1) The period beginning on May 1 and ending on September 30 in each year is a closed season throughout the Northwest Territories.
(2) Where the Commissioner considers that there is unusual danger of forest fires, the Commissioner may issue an order extending or varying the closed season referred to in subsection (1) in any year. SNWT 2010,c.16,Sch.A,s.18(2).
Fire to clear land
11.(1) No person shall, unless he or she has been issued a permit to do so, set out, start or kindle a fire during the closed season within a forest area or within one kilometre of a forest area for the purpose of clearing land or removing flammable material.
(2) Notwithstanding subsection (1), a fire may be kindled or started for the purpose of disposing of flammable material in a device suitably designed for and capable of confining the fire.
Fires in engines
12.A person in charge of an engine operated within a forest area during the closed season shall ensure that the fire in and around the fire box is completely extinguished before leaving the engine unattended.
Requirements for engines
13.(1) No person shall, during the closed season within a forest area or within one kilometre of a forest area,
(a) operate an engine that is not equipped with a safe and efficient device for arresting sparks and for preventing the escape of fire or live coals from ashpans and fireboxes;
(b) operate a steamboat on water in the Northwest Territories unless it is equipped with a safe and efficient device for arresting sparks;
(c) burn wood waste in a burner or destructor unless it is equipped with a safe and efficient device for arresting sparks; or
(d) use or operate an engine or thing referred to in paragraphs (a) to (c) or conduct a logging or other industrial operation unless the person has available the tools, pumps, hose and other fire-fighting appliances and equipment that the Forest Supervisor directs.
(2) The engineer in charge of an engine or an operation referred to in subsection (1) is responsible for the maintenance and use of fire-fighting appliances and equipment in connection with the engine or operation.
(3) Where a prosecution is commenced for a contravention of this section, a judge may prohibit the further use of the engine or thing involved until
(a) the outcome of the proceedings; or
(b) the engine or thing is equipped with safety appliances or devices approved by the Forest Supervisor.
Assistance
14.(1) The Forest Supervisor, a forest officer, judge or justice of the peace may, if he or she considers it necessary for the purpose of controlling or extinguishing fires, employ or summon the assistance of any person who is not
(a) less than 16 and not more than 60 years of age;
(b) physically unfit for the purpose; or
(c) a medical practitioner or a person essential to transportation or communication services.
(2) No person summoned or employed under subsection (1) shall refuse or fail to provide assistance when requested to do so.
Payment for assistance
15.(1) The Commissioner may recommend payment for assistance provided under section 14 out of moneys made available for that purpose.
(2) Payment under subsection (1) is subject to the following restrictions:
(a) no payment shall be made to a person who assists in fighting a fire that immediately threatens the place or property where the person works or that the person owns or occupies;
(b) if a person
(i) is employed in fire-fighting within 15 km of the place where the person resides, and
(ii) is not required to remain away overnight from the place where the person resides, the person shall not be paid more than 1/2 the prevailing hourly rate for ordinary labour plus board;
(c) persons employed other than those referred to in paragraphs (a) and (b) may be paid at the prevailing rate for ordinary labour plus board, unless the Commissioner recommends increased payments because the person is an experienced supervisor or an operator of mechanical equipment;
(d) no person shall be paid for assisting in fighting a fire that is not within a forest area;
(e) no person shall be paid an amount in excess of the amount recommended by the Commissioner.
ADMINISTRATION
Appointment of Forest Supervisor
16.The Commissioner may appoint a Forest Supervisor to supervise the carrying out of this Act.
Appointment of forest officers
17.(1) The Commissioner may appoint forest officers to carry out this Act.
(2) Members of the Royal Canadian Mounted Police and officers under the Wildlife Act are ex officio forest officers under this Act.
(3) The Forest Supervisor has all the powers of a forest officer under this Act. SNWT 2010,c.16, Sch.A,s.18(3).
Oath of office
18.A forest officer, other than a member of the Royal Canadian Mounted Police, shall, before acting as a forest officer, take and subscribe to the following oath: I,...................., a forest officer under the Forest Protection Act, do solemnly swear that to the best of my judgment I will faithfully, honestly and impartially fulfil the office and perform the duties of a forest officer according to the true intent and meaning of the Forest Protection Act and regulations made under the Act. So help me God.
Duties and powers of Forest Supervisor
19.(1) The Forest Supervisor shall supervise the carrying out of this Act and may issue directions not inconsistent with this Act that the Forest Supervisor considers necessary for that purpose and, without restricting the generality of this power, may
(a) specify and direct the quantity and type of tools, pumps, hose and other fire- fighting appliances and equipment or safety devices to be used by persons operating an engine or conducting a logging or other industrial operation in the Northwest Territories;
(b) demand that a person conducting an operation by which means flammable material is created or accumulated dispose of the material in a manner approved by the Forest Supervisor;
(c) specify and direct the clearance of space around the site of an operation referred to in paragraph (a) or (b);
(d) declare flammable material that the Forest Supervisor considers to be a danger to life or property to be a public nuisance;
(e) by written notice direct that flammable material referred to in paragraph (d) be disposed of to the satisfaction of the Forest Supervisor by the owner, occupant or person using the land on which the material exists;
(f) by order in writing declare any area of the Northwest Territories to be a closed district where, in the opinion of the Forest Supervisor, the safety of life and property in the area is endangered through hazardous conditions of vegetation or by the occurrence or spread of fires;
(g) by order in writing prohibit activities in a closed district that the Forest Supervisor considers conducive to the occurrence or spread of fire;
(h) by order in writing prohibit the entry into a closed district of persons or classes of persons that the Forest Supervisor considers advisable; and
(i) by written notice direct the owner or occupier of lands on which flammable material exists to dispose of the flammable material specified in the notice that, in the opinion of the Forest Supervisor, is so infected with disease or injurious insects that it is a menace to forest resources.
(2) The Forest Supervisor may enter on lands and
(a) cause any direction, demand, notice or order given by the Forest Supervisor to be carried out by the person to whom it is addressed; and
(b) if a direction, demand, notice or order given by the Forest Supervisor is not carried out by the person to whom it is addressed, cause it to be carried out by another person specified by the Forest Supervisor.
(3) A direction, demand, notice or order given by the Forest Supervisor is served when a copy of it is
(a) sent by registered mail to the latest known address of the person to whom is it addressed;
(b) personally served on the person to whom it is addressed; or
(c) posted in two conspicuous places on the land affected by it.
(4) A declaration made under paragraph (1)(f) does not have to be served. SNWT 2010,c.16, Sch.A,s.18(2).
Entry onto property
20.(1) A forest officer or a person assisting a forest officer may, in connection with a fire patrol or other performance of the duties of the forest officer, enter on or into lands or premises, other than a dwelling-house, at any time.
(2) A forest officer may arrest without warrant and take before a justice of the peace a person whom the forest officer finds contravening this Act. SNWT 2010,c.16,Sch.A,s.18(4); SNWT 2023,c.7,s.15.
Permits
21.The Commissioner, the Forest Supervisor or a forest officer may
(a) issue any permit referred to in this Act; and
(b) attach to a permit issued by him or her the conditions or restrictions that he or she considers necessary.
OFFENCE AND PUNISHMENT
Refusing or failing to assist
22.(1) Every person who contravenes subsection 14(2) is guilty of an offence and liable on summary conviction to a fine not exceeding $200 and, in default of payment, to imprisonment for a term not exceeding two months.
(2) Every day that a person contravenes subsection 14(2) may be treated as a separate offence.
Offences and punishment
23.Every person who
(a) contravenes
(i) a provision of this Act for which no specific punishment is provided,
(ii) the regulations,
(iii) a notice or order made under this Act, or
(iv) a term or condition attached to a permit, or
(b) fails to fulfil a duty or perform an act imposed or required by or under this Act,
is guilty of an offence and liable on summary conviction to a fine of not less than $25 and not exceeding $1,000 or to imprisonment for a term of not less than 30 days and not exceeding two years or to both. SNWT 2010,c.16,Sch.A,s.18(5).
Recovery of expenses caused by offence
24.In addition to any other punishment that may be imposed on a person convicted of an offence under this Act, Her Majesty may take proceedings in any court of competent jurisdiction to recover from the person all expenses incurred by Her Majesty in controlling or extinguishing a fire that originated or resulted by reason of the offence.
Expenses caused by default
25.Where a person refuses to perform a duty imposed by this Act and it is necessary to have that duty performed by another person, Her Majesty may in any court of competent jurisdiction take proceedings to recover from the person in default the expenses incurred by Her Majesty by reason of the default.
Limitation period
26.A prosecution for an offence under this Act may not be commenced more than one year after the day the offence is alleged to have been committed. SNWT 2010,c.16,Sch.A,s.18(6).
Civil proceedings
27.This Act, the regulations and any permit or order issued under this Act does not affect the right of a person to bring civil proceedings for damage caused by fire.
REGULATIONS
Regulations
28.The Commissioner, on the recommendation of the Minister, may make the orders or regulations that the Commissioner considers necessary to carry out this Act or to meet any cases for which this Act does not provide and may, but not so as to limit this power to make orders and regulations, make regulations
(a) governing or prohibiting the issue of permits;
(b) prohibiting the setting out, spreading or kindling of fires, under permit or otherwise, in any part of the Northwest Territories for the period that the Commissioner considers expedient;
(c) exempting any part of the Northwest Territories from a provision of this Act for the period that the Commissioner considers expedient;
(d) prescribing the nature and requirements of fire prevention or fire-fighting devices, including those designed to arrest the emission of sparks from chimneys or other spark-emitting outlets; and
(e) providing for the cancellation or suspension of any permit on conviction of the permit holder for an offence under this Act.