Wildland Fire Management Act, R.S.O. 1990, c. F.24

CONTENTS Interpretation 0.1 Purpose 1. Definitions Administration 2. Administration 3. Application of Act 4. Officers 5. Right of entry for wildland fire management 5.1 Temporary closure for fire investigation 5.2 Inspection of places 5.3 Stopping conveyances to inspect 5.4 Search warrants re offences 5.5 Warrant to conduct tests 5.6 Production orders 5.7 Arrest without warrant 5.8 Seizure and forfeiture 5.9 Evidence 6. Information to be given to wildland fire officer by persons in wildland areas 7. Right to summon assistance Fire Season 10. Fire season 11. Fires in fire season Restricted Fire Zones 11.1 Restricted fire zone order 12. Fires in restricted fire zones Prevention Measures 14. Wildland fire management plan 15. Equipment 16. Disposal of refuse on land being cleared 17. Clearing in neighbourhood of mills, etc. 18. Power of officer as to fire dangers 19. Wildland fire management agreements Extinguishment of Fires 20. Extinguishment of fires 21. Duty of municipality 21.1 Recovery of costs of fire 21.2 No private law duty of care 22. Reporting of fires 23. Emergency area orders Offences and Penalties 25. Obstruction of officers 26. Rendering assistance 27. Accumulation of flammable refuse 28. Smoking prohibited 29. Smoking material, etc. 30. Discharge of firearms 31. Destruction of notices or signs 32. Destruction of equipment, etc. 33. Spark arresters 34. Railways 34.1 Offences for contravention or failure to comply 35. Penalties 35.1 Remediation orders 35.2 Administrative penalties General 35.3 Standard of review 35.4 Service Regulations 36. Regulations — Lieutenant Governor in Council 37. Transition regulations Interpretation Purpose 0.1 The purpose of this Act is to provide guidance and direction for wildland fire management so as to protect public safety and minimize adverse environmental, economic, health and social impacts of wildland fires, and to contribute to a resilient province. 2025, c. 17, Sched. 1, s. 3. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 3 - 01/01/2026 Definitions 1 (1) In this Act, “boat” includes a motorboat, rowboat, canoe, punt, sailboat or raft; (“bateau”) “conveyance” means a vehicle, boat or aircraft; (“moyen de transport”) “fire” means any type of outdoor fire, including a wildland fire, a campfire, a fire on a charcoal barbecue or an outdoor wood burning furnace or stove; (“feu”, “incendie”) “justice” has the same meaning as in the Provincial Offences Act; (“juge”) “Minister” means the Minister of Natural Resources; (“ministre”) “Ministry” means the Ministry of Natural Resources; (“ministère”) “motorboat” means a boat with a motor that is attached to the boat and that is capable of being used as a means of propulsion, and includes any floating object being towed by a motorboat; (“bateau à moteur”) “municipality” means a local municipality; (“municipalité”) “officer” means any officer appointed or designated under section 4; (“agent”) “owner” includes a locatee, purchaser from the Crown, assignee, lessee, occupant, purchaser, timber licensee, holder of a mining claim or location, and any person having the right to cut timber or wood upon any land; (“propriétaire”) “prescribed” means prescribed by the regulations made under this Act; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “start” with respect to a fire, means to kindle, light, place or set a fire, or cause a fire to be started; (“allumer”) “vehicle” means any kind of vehicle that is driven, propelled or drawn on land or ice by any kind of power, including muscular power, and includes the rolling stock of a railway; (“véhicule”) “wildland area” means any forest, woodland, prairie, savannah, brush, shrubland, peatland, agricultural land or grassland, but does not include a cultivated garden or lawn and does include any highway, road, trail, waterway or other transportation corridor running through the wildland area; (“zone de végétation”) “wildland fire” means a forest, woodland, prairie, savannah, brush, shrubland, peatland, agricultural land or grassland fire or any other vegetation habitat fire; (incendie de végétation) “wildland fire management” includes any actions or tools that relate to wildland fire prevention, mitigation, preparedness, response and recovery. (“gestion des incendies de végétation”) R.S.O. 1990, c. F.24, s. 1; 2002, c. 17, Sched. F, Table; 2009, c. 33, Sched. 22, s. 3 (1-3); 2025, c. 17, Sched. 1, s. 4 (1, 2). (2) Repealed: 2025, c. 17, Sched. 1, s. 4 (4). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2009, c. 33, Sched. 22, s. 3 (1-3) - 15/12/2009 2025, c. 17, Sched. 1, s. 4 (1-3) - 01/01/2026; 2025, c. 17, Sched. 1, s. 4 (4) - 01/04/2026 Administration Administration 2 The administration of this Act is under the control and direction of the Minister. R.S.O. 1990, c. F.24, s. 2. Application of Act 3 (1) This Act applies only to fire regions. R.S.O. 1990, c. F.24, s. 3 (1). Right of action for damages not affected (2) Subject to section 21.2, nothing in this Act affects or shall be held to limit or interfere with the right of any person to bring and maintain a civil action for damages occasioned by fire. R.S.O. 1990, c. F.24, s. 3 (2); 2025, c. 17, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 5 - 01/01/2026 Officers 4 (1) The Minister may appoint a person as an officer, or designate a class of persons as officers, in one or more of the following categories of officers for the purposes of this Act and the regulations: 1. Wildland fire officer. 2. Wildland fire compliance officer. 3. Wildland fire investigator. 4. Wildland fire enforcement officer. 2025, c. 17, Sched. 1, s. 6. Wildland fire compliance officer (2) By virtue of their office, a person who is appointed as a wildland fire compliance officer is both a wildland fire compliance officer and a wildland fire officer. 2025, c. 17, Sched. 1, s. 6. Wildland fire investigator (3) By virtue of their office, a person who is appointed as a wildland fire investigator is both a wildland fire investigator and a wildland fire compliance officer. 2025, c. 17, Sched. 1, s. 6. Wildland fire enforcement officer (4) By virtue of their office, a person who is appointed as or deemed to be a wildland fire enforcement officer is both a wildland fire enforcement officer and a wildland fire investigator. 2025, c. 17, Sched. 1, s. 6. Appointments from other jurisdictions (5) For greater certainty, the Minister may appoint persons from other jurisdictions as officers in the categories set out in subsection (1). 2025, c. 17, Sched. 1, s. 6. Wildland fire enforcement officers by virtue of office (6) The following persons are deemed to be wildland fire enforcement officers for the purposes of this Act by virtue of their office: 1. All conservation officers duly appointed and employed by the Ministry. 2. A park warden designated under subsection 12 (1.2) of the Provincial Parks and Conservation Reserves Act, 2006, but only in or related to the provincial park for which the person is designated as a park warden. 3. A park warden designated under the Canada National Parks Act, if he or she is acting under the direction of a conservation officer referred to in paragraph 1. 4. A police officer or First Nation Officer appointed under the Community Safety and Policing Act, 2019. 5. All members of the Royal Canadian Mounted Police. 2025, c. 17, Sched. 1, s. 6. Production of identification (7) Any wildland fire officer acting under this Act shall, on request, produce identification. 2025, c. 17, Sched. 1, s. 6. Exception (8) Subsection (7) does not apply to a wildland fire officer who is engaged in controlling or extinguishing a wildland fire. 2025, c. 17, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (4) - 15/12/2009 2018, c. 3, Sched. 5, s. 23 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 21 - 01/04/2024 2025, c. 17, Sched. 1, s. 6 - 01/01/2026 Right of entry for wildland fire management 5 For the purposes of wildland fire management, a wildland fire officer may enter private land and may authorize any other person acting under their direction to enter private land, with or without the officer, for the purpose of assisting the officer. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. L, s. 4 (1) - 26/11/2002 2009, c. 33, Sched. 22, s. 3 (5) - 15/12/2009 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Temporary closure for fire investigation 5.1 (1) A wildland fire officer may temporarily close off an area or building until an investigation to determine the cause and circumstances of a wildland fire is completed. 2025, c. 17, Sched. 1, s. 7. Offence (2) No person shall enter or remain in an area or building temporarily closed by an officer under subsection (1) unless authorized by a wildland fire officer. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Inspection of places 5.2 (1) For the purposes of this Act or the regulations or for the purpose of inspecting the site of a fire to determine its cause and circumstances, a wildland fire compliance officer may enter onto any land and inspect any building, vehicle, equipment, machinery, structure or other thing which the wildland fire compliance officer believes on reasonable grounds relates to any work or undertaking or any other thing to which this Act or the regulations apply. 2025, c. 17, Sched. 1, s. 7. Powers during inspection (2) During the inspection, the wildland fire compliance officer may, (a) require the production of any thing that is or may be relevant to the inspection; (b) require the production of and inspect any document that is required to be kept under this Act; (c) require that any vehicle, equipment, machinery or other thing be operated, used or set in motion under conditions specified by the officer; (d) use or require the use of any equipment, machinery or other thing in order to carry out the inspection, including the use of any computer system to examine data contained in or available to the computer system for the purpose of examining information relevant to the inspection, and of any copying equipment to make copies of information that is relevant to the inspection; (e) use or require the use of a computer system for the purposes of, (i) producing a readable record from the computer system or other data storage, processing or retrieval device belonging to or used by a person who is required to produce any records under this section, or (ii) examining information relevant to the inspection, including the computer hardware or software, or other data storage, processing or retrieval device; (f) if an officer is unable to produce or receive a readable record from a computer system or other data storage, processing or retrieval device under clause (e) for the purpose of examining information relevant to the inspection, and after giving a receipt, (i) remove any computer hardware, software and any other data storage, processing or retrieval device required to produce a readable record, (ii) produce or require the production of that record with reasonable dispatch, and (iii) promptly return the computer hardware, software and any other data storage, processing or retrieval device to, A. the place from which they were removed, or B. any other place that may be agreed to by the officer and the person from whom they were taken; (g) take samples of any substance or thing that is relevant to the inspection; (h) take measurements that are relevant to the inspection; (i) record observations that are relevant to the inspection; (j) take any photographic, audio or video records that are relevant to the inspection; (k) open or require the opening of any container that the officer believes on reasonable grounds contains anything to which this Act applies; (l) inspect any other thing that is in the building or other place being inspected; and (m) conduct any tests that may be relevant to the inspection. 2025, c. 17, Sched. 1, s. 7. Provision of information (3) A person shall, during the inspection, provide information requested by the wildland fire compliance officer that is relevant to the inspection. 2025, c. 17, Sched. 1, s. 7. Obligation to assist (4) If a wildland fire compliance officer makes a demand for any thing under subsection (2), the person having custody of the thing shall produce it to the officer and, at the request of the officer, shall provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system available, to produce a record in a readable form if the demand is for a document. 2025, c. 17, Sched. 1, s. 7. Entry to dwellings (5) Subsection (1) does not apply to a building or part of a building that is being used as a dwelling. 2025, c. 17, Sched. 1, s. 7. Warrant for dwelling (6) On application without notice, a justice may issue a warrant authorizing a wildland fire compliance officer to enter a dwelling if the justice is satisfied, by information given under oath or affirmation, that, (a) the wildland fire compliance officer is entering the dwelling to conduct an inspection for any of the purposes set out in subsection (1); and (b) entry to the dwelling has been refused or there are reasonable grounds to believe that entry will be refused. 2025, c. 17, Sched. 1, s. 7. Same, application for warrant (7) An application under subsection (6) shall specify that the warrant is to enter and inspect a building or part of a building that is being used as a dwelling. 2025, c. 17, Sched. 1, s. 7. Assistance (8) A wildland fire compliance officer may be accompanied or assisted by any person during an inspection under this section. 2025, c. 17, Sched. 1, s. 7. Conditions in warrant (9) A warrant granted under this section is subject to any conditions specified in the warrant. 2025, c. 17, Sched. 1, s. 7. Time of entry (10) An entry under this section shall be made at a time that is reasonable in view of the activity that is conducted in the building or other place. 2025, c. 17, Sched. 1, s. 7. Copies (11) A wildland fire compliance officer may make copies of any documents inspected or produced during the inspection. 2025, c. 17, Sched. 1, s. 7. Removal (12) A wildland fire compliance officer may remove any documents or other things for the purpose of making copies or for further inspection. 2025, c. 17, Sched. 1, s. 7. Same (13) The copying or further inspection referred to in subsection (12) shall be carried out with reasonable dispatch and the documents or other things shall be returned promptly to the person from whom they were taken. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Stopping conveyances to inspect 5.3 (1) A wildland fire compliance officer may stop a conveyance if they have reasonable grounds to believe that stopping the conveyance would assist in determining whether there is compliance with this Act or the regulations or for the purposes of gathering information about a fire. 2025, c. 17, Sched. 1, s. 7. Operator to stop (2) On the wildland fire compliance officer’s signal to stop, the operator of the conveyance shall immediately stop and produce for inspection any document or other thing requested by the officer for the purposes of this Act. 2025, c. 17, Sched. 1, s. 7. Stop signals (3) For the purpose of subsection (2), signals to stop include, (a) intermittent flashes of red light or red and blue light, in the case of a vehicle; (b) intermittent flashes of blue light, in the case of a boat; and (c) a hand signal to stop, in the case of a vehicle or boat. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Search warrants re offences 5.4 (1) A wildland fire enforcement officer may obtain a search warrant under Part VIII of the Provincial Offences Act. 2025, c. 17, Sched. 1, s. 7. Exigent circumstances (2) If a wildland fire enforcement officer has reasonable grounds to believe that there is in a building, conveyance or other place any thing that will afford evidence of an offence under this Act but that the time required to obtain a warrant would lead to the loss, removal or destruction of the evidence, the wildland fire enforcement officer may, without a warrant, enter and search the building or other place or stop, detain, enter and search the conveyance. 2025, c. 17, Sched. 1, s. 7. Exception, dwellings (3) Subsection (2) does not apply to a building or part of a building that is being used as a dwelling. 2025, c. 17, Sched. 1, s. 7. Use of computers, etc. (4) A wildland fire enforcement officer who is conducting a search that is authorized by a warrant or by subsection (2) may, (a) use or require the use of any computer system or other device that contains or is able to retrieve information for the purpose of examining information contained in or available to the computer system or other device; and (b) produce or require the production of a printout or other output from the computer system or other device. 2025, c. 17, Sched. 1, s. 7. Necessary force (5) A wildland fire enforcement officer may use whatever force is reasonably necessary to execute a search warrant or to effect a search under subsection (2). 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Warrant to conduct tests 5.5 (1) On application without notice, a justice may issue a warrant authorizing a wildland fire enforcement officer and any person specified in the warrant to use any investigative technique or procedure or to take any action described in the warrant if the justice is satisfied by information under oath that, (a) there are reasonable grounds to believe that an offence under this Act has been or is being committed; and (b) evidence concerning the offence will be obtained through the use of the technique or procedure or taking the action. 2025, c. 17, Sched. 1, s. 7. Power to enter, etc. (2) A warrant may authorize a wildland fire enforcement officer or other specified person to enter and search the building or other place for which the warrant was issued and, without limiting the powers of the justice under subsection (1), the warrant may, in respect of the alleged offence, authorize the person specified in it to conduct any tests, take any measurements, take any specimens or samples, set up any equipment, make any excavations and make any photographic or other records that may be relevant to the search. 2025, c. 17, Sched. 1, s. 7. Duration (3) A warrant under subsection (2) is valid for 30 days or for such shorter period as may be specified. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Production orders 5.6 (1) On application without notice and subject to subsection (3), a justice may issue an order to a person other than a person under investigation for an offence requiring the person to, (a) produce documents or copies of documents, certified by affidavit to be true copies; (b) produce data; or (c) prepare a document based on documents or data already in existence and produce it. 2025, c. 17, Sched. 1, s. 7. Content of order (2) An order under subsection (1) shall require the document or data to be produced within the time, at the place and in the form specified in the order and require that it be given to a wildland fire enforcement officer named in the order. 2025, c. 17, Sched. 1, s. 7. Grounds for order (3) A justice may make an order under subsection (1) if they are satisfied by information given under oath or affirmation that there are reasonable grounds to believe that, (a) an offence under this Act has been or is being committed; (b) the document or data will provide evidence respecting the offence or suspected offence; and (c) the person who is subject to the order has possession or control of the document or data. 2025, c. 17, Sched. 1, s. 7. Conditions (4) An order under subsection (1) may contain such conditions as the justice considers advisable. 2025, c. 17, Sched. 1, s. 7. No return of copies (5) Copies of documents produced under this section are not required to be returned to the person who provided them. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Arrest without warrant 5.7 (1) A wildland fire enforcement officer may arrest, without warrant, a person that they have reasonable grounds to believe is committing, has committed or is about to commit an offence under this Act. 2025, c. 17, Sched. 1, s. 7. Release (2) If a wildland fire enforcement officer arrests a person under this section, the officer shall, as soon as practicable, release the person from custody, unless the officer has reasonable grounds to believe that, (a) it is necessary in the public interest for the person arrested to be detained, having regard to all the circumstances, including the need to, (i) establish the identity of the person, (ii) secure or preserve evidence of or relating to the offence, or (iii) prevent the continuation or repetition of the offence or the commission of another offence; or (b) the person arrested, if released, will not respond to a summons or offence notice or will not appear in court. 2025, c. 17, Sched. 1, s. 7. Person not released (3) Subsections 149 (2) and (3) and section 150 of the Provincial Offences Act apply with necessary modifications if the person arrested is not released under subsection (2) of this section. 2025, c. 17, Sched. 1, s. 7. Necessary force (4) A wildland fire enforcement officer may use as much force as is reasonably necessary to exercise any of the powers referred to in this section. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Seizure and forfeiture 5.8 (1) A wildland fire investigator who lawfully enters onto any lands or into an area or building under this Act may seize any thing that the wildland fire investigator believes on reasonable grounds, (a) has been used in the commission of an offence under this Act; (b) will afford evidence of the commission of an offence under this Act; (c) will afford evidence of the cause of a fire; or (d) is intermixed with a thing referred to in clause (a), (b) or (c). 2025, c. 17, Sched. 1, s. 7. Presence pursuant to warrant (2) If the wildland fire investigator is in the area or building pursuant to a warrant, subsection (1) applies to any thing, whether or not it is specified in the warrant. 2025, c. 17, Sched. 1, s. 7. Safekeeping (3) A wildland fire investigator shall deliver any thing they seize to a person authorized by the Minister for safekeeping. 2025, c. 17, Sched. 1, s. 7. Leaving with occupant (4) Despite subsection (3), a wildland fire investigator may leave a thing that they seize in the custody of the occupant of the area or building in which it was seized. 2025, c. 17, Sched. 1, s. 7. Occupant to safeguard (5) If any thing is left in the custody of an occupant under subsection (4), the occupant shall safeguard the thing until, (a) a wildland fire investigator removes the thing; (b) the occupant is notified by a wildland fire investigator that the investigation has concluded and that a charge will not be laid; or (c) if a charge is laid, the defendant is acquitted or the charge is dismissed, withdrawn or finally disposed of. 2025, c. 17, Sched. 1, s. 7. Thing carried before justice (6) Subsections (3) and (4) do not apply to a thing that is required to be carried before a justice by a search warrant issued under Part VIII of the Provincial Offences Act. 2025, c. 17, Sched. 1, s. 7. Return of seized things (7) Any thing seized and not forfeited under this section shall be returned to the person from whom it was seized if, (a) a charge is not laid at the conclusion of the investigation; or (b) a charge is laid but, when the prosecution is finally disposed of, the defendant is acquitted or the charge is dismissed or withdrawn. 2025, c. 17, Sched. 1, s. 7. Payment of fine (8) If a person is convicted of an offence and a fine is imposed, (a) a thing seized in connection with the offence and not forfeited to the Crown under this section shall not be returned until the fine has been paid; and (b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown. 2025, c. 17, Sched. 1, s. 7. Forfeiture if identity unknown (9) If the identity of the person from whom a thing was seized has not been ascertained within 30 days after the seizure, the thing is forfeited to the Crown. 2025, c. 17, Sched. 1, s. 7. Forfeiture on conviction (10) If a person is convicted of an offence under this Act, the justice may order that any thing seized in connection with the offence be forfeited to the Crown. 2025, c. 17, Sched. 1, s. 7. Application of subs. (10) (11) Subsection (10) applies in addition to any other penalty. 2025, c. 17, Sched. 1, s. 7. Disposition of forfeited thing (12) A thing forfeited to the Crown shall be disposed of in accordance with the directions of the Minister. 2025, c. 17, Sched. 1, s. 7. Application by person with interest (13) If a thing is forfeited to the Crown following a conviction under this Act, a person who claims an interest in the thing and who is not the person from whom the thing was seized or the person who was convicted may apply to a justice, not later than 30 days after the thing is forfeited, on notice to the Minister and to the person from whom the thing was seized, for an order directing that the thing be released to the person claiming the interest. 2025, c. 17, Sched. 1, s. 7. Condition (14) An order made under subsection (13) is subject to such conditions as may be imposed by the justice. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Evidence 5.9 A copy of a document produced under section 5.2, 5.4, 5.6 or 5.8 on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this Act and has the same probative force as the original document would have if it had been proved in the ordinary way. 2025, c. 17, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 7 - 01/01/2026 Information to be given to wildland fire officer by persons in wildland areas 6. Every person in a wildland area shall, on request, give a wildland fire officer the following information: 1. The person’s name. 2. The person’s address. 3. The person’s contact information. 4. The routes the person will be following within the wildland area. 5. Any locations where the person will be staying overnight in the wildland area. 6. Any other information pertaining to the protection of persons and the wildland area from fire. 2025, c. 17, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (6) - 15/12/2009 2025, c. 17, Sched. 1, s. 8 - 01/01/2026 Right to summon assistance 7 (1) For the purposes of controlling or extinguishing a fire, or for the purposes of responding to a wildland fire emergency, a wildland fire compliance officer may, (a) use any privately-owned equipment; (b) employ or summon the assistance of every able person over the age of 18, except persons providing essential services and persons physically unfit; and (c) on private lands, take such action as the wildland fire compliance officer considers advisable to control or extinguish a fire or to respond to a wildland fire emergency. 2025, c. 17, Sched. 1, s. 9. Regulations (2) The Minister may make regulations prescribing the use of any privately-owned equipment, and the employment and summoning of persons as set out in subsection (1), including, (a) prescribing the rates to be paid, and the terms and conditions for use of equipment; (b) prescribing rates to be paid for the employment or summoning of a person under this section, except in respect of classes of persons for whom rates of pay are the subject of an order under subsection (4); (c) exempting or modifying the rates, terms or conditions and imposing conditions on such exemptions or modifications; (d) prescribing any other criteria related to the equipment or persons, to the fire that is to be controlled or extinguished or to the wildland fire emergency that is to be responded to. 2025, c. 17, Sched. 1, s. 9. Adoption by reference (3) A regulation made under subsection (2) may adopt by reference, in whole or in part, with such changes as the Minister considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time. 2025, c. 17, Sched. 1, s. 9. Rates of pay (4) Except in respect of classes of persons for whom rates of pay are set out in a regulation, the Minister may, by order, fix the rates of pay for persons employed or summoned under this section. 2025, c. 17, Sched. 1, s. 9. Legislation Act, 2006, Part III (5) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (4). 2025, c. 17, Sched. 1, s. 9. Notice of order (6) The Minister shall provide notice of an order made under subsection (4) at such time and in such manner as the Minister considers appropriate. 2025, c. 17, Sched. 1, s. 9. Proof of order (7) A document that purports to be an order made under subsection (4) or that purports to be a copy of an order made under subsection (4) is admissible in evidence as proof of the making of the order and of the order’s contents, in the absence of evidence to the contrary. 2025, c. 17, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 9 - 01/01/2026 8 Repealed: 2025, c. 17, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 10 - 01/01/2026 9 Repealed: 2009, c. 33, Sched. 22, s. 3 (7). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (7) - 15/12/2009 Fire Season Fire season 10 (1) The period from the 1st day of April to the 31st day of October in each year shall be a fire season. R.S.O. 1990, c. F.24, s. 10. Minister’s order extending fire season (2) The Minister may, by order, declare any period between January 1 and March 31, both inclusive, or between November 1 and December 31, both inclusive, in any year to be a fire season in a fire region or any part of a fire region. 2025, c. 17, Sched. 1, s. 11. Legislation Act, 2006, Part III (3) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (2). 2025, c. 17, Sched. 1, s. 11. Notice of order (4) The Minister shall provide notice of an order made under subsection (2) at such time and in such manner as the Minister considers appropriate. 2025, c. 17, Sched. 1, s. 11. Proof of order (5) A document that purports to be an order made under subsection (2) or that purports to be a copy of an order made under subsection (2) is admissible in evidence as proof of the making of the order and of the order’s contents, in the absence of evidence to the contrary. 2025, c. 17, Sched. 1, s. 11. Section Amendments with date in force (d/m/y) 2025, c. 17, sched. 1, s. 11 - 01/01/2026 Fires in fire season 11 (1) No person shall start or tend a fire outdoors during a fire season in an area outside a restricted fire zone except, (a) under the authority of and in accordance with a fire permit issued pursuant to subsection (2); or (b) in the prescribed circumstances. 2025, c. 17, Sched. 1, s. 12. Issuance of fire permit (2) A wildland fire compliance officer may, in accordance with any regulations, (a) issue a fire permit that allows the holder of the permit to have a fire outdoors during the fire season; and (b) impose written conditions on the fire permit. 2025, c. 17, Sched. 1, s. 12. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (1) - 17/05/1996 2025, c. 17, Sched. 1, s. 12 - 01/01/2026 Restricted Fire Zones Restricted fire zone order 11.1 (1) The Minister may, by order, declare all or any part of the fire region as a restricted fire zone. 2025, c. 17, Sched. 1, s. 14. Legislation Act, 2006, Part III (2) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (1). 2025, c. 17, Sched. 1, s. 14. Notice of order (3) The Minister shall provide notice of an order made under subsection (1) at such time and in such manner as the Minister considers appropriate. 2025, c. 17, Sched. 1, s. 14. Proof of order (4) A document that purports to be an order made under subsection (1) or that purports to be a copy of an order made under subsection (1) is admissible in evidence as proof of the making of the order and of the order’s contents, in the absence of evidence to the contrary. 2025, c. 17, Sched. 1, s. 14. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 14 - 01/01/2026 Fires in restricted fire zones 12 (1) No person shall start or tend a fire outdoors in a restricted fire zone, (a) except under the authority of and in accordance with a fire permit issued under subsection (2); or (b) unless the fire is for the purpose of cooking or obtaining warmth and the fire is in a stove or installation of a kind prescribed by the regulations. 1999, c. 12, Sched. N, s. 3 (1); 2025, c. 17, Sched. 1, s. 15 (1, 2). Issuance of fire permit (2) A wildland fire compliance officer may, in accordance with any regulations made under this Act, (a) issue a fire permit that allows the holder of the permit to have a fire outdoors in a restricted fire zone; and (b) impose written conditions on the fire permit. 2025, c. 17, Sched. 1, s. 15 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (1) - 22/12/1999 2025, c. 17, Sched. 1, s. 15 (1-3) - 01/01/2026 13 Repealed: 1996, c. 1, Sched. N, s. 1 (1). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (1) - 17/05/1996 Prevention Measures 14 Repealed: 1999, c. 12, Sched. N, s. 3 (2). Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2025, c. 17, Sched. 1, s. 16) Wildland fire management plan 14 (1) The following entities shall prepare a wildland fire management plan that meets the prescribed standards: 1. Every municipality located in a fire region. 2. Any prescribed entity carrying out prescribed activities or operating in prescribed locations in a fire region. 2025, c. 17, Sched. 1, s. 16. Deemed plan (2) If an entity referred to in subsection (1) has prepared a plan for a different purpose and, in the opinion of the Minister, that plan meets the prescribed standards for a wildland fire management plan, the plan is deemed to be a wildland fire management plan. 2025, c. 17, Sched. 1, s. 16. Provision of plan (3) An entity referred to in subsection (1) shall provide the wildland fire management plan referred to in subsection (1) or (2), as the case may be, to the Ministry on request within the time specified in the request. 2025, c. 17, Sched. 1, s. 16. Order to create or update a plan (4) If an entity referred to in subsection (1) does not have a wildland fire management plan or, in the opinion of the Minister, has a wildland fire management plan that does not meet the prescribed standards, the Minister may order the entity to create a wildland fire management plan that meets the prescribed standards or update its wildland fire management plan so that it meets the prescribed standards, as the case may be. 2025, c. 17, Sched. 1, s. 16. Compliance (5) An entity ordered to create or update a wildland fire management plan under subsection (4) shall comply with the order within the time period set out in the order. 2025, c. 17, Sched. 1, s. 16. Yearly review and revision of plan (6) Every entity referred to in subsection (1) shall review and, if necessary, revise its wildland fire management plan every year. 2025, c. 17, Sched. 1, s. 16. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (2) - 22/12/1999 2025, c. 17, Sched. 1, s. 16 - not in force Equipment 15 If a work schedule under the Crown Forest Sustainability Act, 1994 or any provision of this Act or the regulations requires equipment to be kept at a site, the equipment shall be in working order and, if a type is specified, the equipment shall be of the specified type. 2025, c. 17, Sched. 1, s. 17 (1). Note: On a day to be named by order of the Lieutenant Governor in Council, section 15 of the Act is amended by striking out “If a work schedule” at the beginning and substituting “If a wildland fire management plan, a work schedule”. (See: 2025, c. 17, Sched. 1, s. 17 (2)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (3) - 17/05/1996 2025, c. 17, Sched. 1, s. 17 (1) - 01/01/2026; 2025, c. 17, Sched. 1, s. 17 (2) - not in force Disposal of refuse on land being cleared 16 (1) Every person clearing land shall, subject to the regulations made under clause 36 (1) (c), pile and burn all brush, debris, non-merchantable timber and other flammable material cut or accumulated thereon. R.S.O. 1990, c. F.24, s. 16 (1); 1996, c. 1, Sched. N, s. 1 (4); 2025, c. 17, Sched. 1, s. 18 (1). Exception (2) Subsection (1) does not apply to material that is dealt with in accordance with the regulations made under clause 36 (1) (d). 1996, c. 1, Sched. N, s. 1 (5); 2025, c. 17, Sched. 1, s. 18 (2). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (4, 5) - 17/05/1996 2025, c. 17, Sched. 1, s. 18 (1, 2) - 01/01/2026 Clearing in neighbourhood of mills, etc. 17 Every person having charge of a camp, a mine, a mill for the purpose of manufacturing timber or wood products or a garbage dump that is located in or within 300 metres of a wildland area shall have the area surrounding the camp, mine, mill or dump cleared of flammable debris for a distance of at least 30 metres and such further distance as may be ordered by a wildland fire compliance officer. R.S.O. 1990, c. F.24, s. 17; 2002, c. 18, Sched. L, s. 4 (2); 2009, c. 33, Sched. 22, s. 3 (8); 2025, c. 17, Sched. 1, s. 19, 41. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. L, s. 4 (2) - 26/11/2002 2009, c. 33, Sched. 22, s. 3 (8) - 15/12/2009 2025, c. 17, Sched. 1, s. 19, 41 - 01/01/2026 Power of officer as to fire dangers 18 (1) If a wildland fire compliance officer finds on any land, building, structure or equipment a condition or activity that, in their opinion, may cause danger to life or property from fire, the wildland fire compliance officer may make an order requiring the owner or person in control of the land, building, structure or equipment, the person who caused the condition, or any person engaged in or responsible for the activity to take such action, within the time specified by the order, as the wildland fire compliance officer considers necessary to eliminate or reduce the danger. 1999, c. 12, Sched. N, s. 3 (3); 2025, c. 17, Sched. 1, s. 20 (1). Action by officer (2) If the person against whom an order is made under subsection (1) does not comply with the order, the wildland fire compliance officer, with such assistants as he or she requires, may take such action as the wildland fire compliance officer considers necessary to eliminate or reduce the danger. 1999, c. 12, Sched. N, s. 3 (3); 2025, c. 17, Sched. 1, s. 20 (2). Cost (3) The cost and expenses of any action taken by a wildland fire compliance officer and his or her assistants under subsection (2) are payable by the person against whom the order was made to the Minister of Finance, on the date specified in the request for payment, and are recoverable as a debt due to the Crown in right of Ontario by any remedy or procedure available to the Crown by law. 2002, c. 18, Sched. L, s. 4 (3); 2025, c. 17, Sched. 1, s. 20 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (3) - 22/12/1999 2002, c. 18, Sched. L, s. 4 (3) - 26/11/2002 2025, c. 17, Sched. 1, s. 20 (1-3) - 01/01/2026 Wildland fire management agreements 19 (1) The Minister may enter into agreements with respect to wildland fire management. 2025, c. 17, Sched. 1, s. 21. Authorization re prohibited activities (2) An agreement under subsection (1) may authorize a party to the agreement to engage in an activity specified in the agreement that would otherwise be prohibited under this Act. 2025, c. 17, Sched. 1, s. 21. Same (3) A party to an agreement who is authorized to engage in an activity under subsection (2) shall comply with any conditions specified in the agreement relating to the authorization. 2025, c. 17, Sched. 1, s. 21. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. L, s. 4 (4) - 26/11/2002 2025, c. 17, Sched. 1, s. 21 - 01/01/2026 Extinguishment of Fires Extinguishment of fires 20 In the interest of public safety or the protection of a wildland area, a wildland fire officer may, at any time, extinguish a fire or order any person in charge or apparently in charge of a fire to extinguish the fire. 2025, c. 17, Sched. 1, s. 22. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 22 - 01/01/2026 Duty of municipality 21 (1) Subject to an agreement made under subsection 19 (1) and to subsection (2), every municipality in a fire region shall at its expense extinguish wildland fires within its limits, but where the action taken by it in extinguishing any such fire is in the opinion of a wildland fire compliance officer not adequate, the wildland fire compliance officer may take such action as he or she considers necessary to control and extinguish the fire, and the cost and expenses incurred by the Ministry in controlling and extinguishing the fire are payable by the municipality to the Minister of Finance, on the date specified in the request for payment, and are recoverable as a debt due to the Crown in right of Ontario by any remedy or procedure available to the Crown by law. R.S.O. 1990, c. F.24, s. 21 (1); 2002, c. 18, Sched. L, s. 4 (5); 2025, c. 17, Sched. 1, s. 23. Contribution by Ministry (2) Upon satisfactory proof being furnished by the municipality that a fire has started on Crown land, the cost and expenses of controlling and extinguishing the fire shall be borne by the Ministry. R.S.O. 1990, c. F.24, s. 21 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. L, s. 4 (5) - 26/11/2002 2025, c. 17, Sched. 1, s. 23 - 01/01/2026 Recovery of costs of fire Application 21.1 (1) This section applies with respect to a fire that is caused by the conduct of a person, including any failure of the person to comply with a provision of this Act or the regulations, an order made under this Act or the conditions of a permit issued under this Act. 2017, c. 8, Sched. 12, s. 1. Liability for costs (2) A person referred to in subsection (1) is liable to the Crown or to any other person who carries out activities to control or extinguish the fire for the costs or expenses of any action taken by the Crown or the person to control or extinguish the fire and shall reimburse the Crown or the person for those costs or expenses. 2017, c. 8, Sched. 12, s. 1. Liability to Crown for damages (3) A person referred to in subsection (1) is liable to the Crown for any loss or damage incurred by the Crown as a direct or indirect result of the fire, including, (a) the loss of any forest resources, within the meaning of the Crown Forest Sustainability Act, 1994; or (b) the cost or expense of renewing the forest resources lost as a direct or indirect result of the fire. 2017, c. 8, Sched. 12, s. 1. Prescribed costs, etc. (4) The costs, expenses, losses or damages incurred by the Crown and referred to in subsection (2) or (3) shall include such costs, expenses, losses or damages as may be prescribed by regulation. 2017, c. 8, Sched. 12, s. 1. Cost paid by municipality (5) If a municipality pays the Crown in right of Ontario under subsection 21 (1) for costs and expenses incurred by the Crown in controlling and extinguishing a fire, the person referred to in subsection (1) of this section is liable to the municipality under subsection (2) of this section for those costs and expenses, as though they had been incurred by the municipality in controlling and extinguishing the fire. 2017, c. 8, Sched. 12, s. 1. Amount payable and recovery (6) The amount of any costs, expenses, losses or damages referred to in subsection (2) or (3) for which a person is liable to the Crown, (a) Repealed: 2025, c. 17, Sched. 1, s. 24. (b) shall be payable to the Crown upon demand at a date specified by the Crown; and (c) may be recovered by any remedy or procedure available to the Crown by law. 2017, c. 8, Sched. 12, s. 1; 2025, c. 17, Sched. 1, s. 24. Debt to person other than Crown (7) The amount of any costs or expenses referred to in subsection (2) for which a person is liable to a person other than the Crown is a debt due by the person to the other person and may be recovered by any remedy or procedure available to the other person by law. 2017, c. 8, Sched. 12, s. 1. Presumed liability of railway operators (8) If a fire originates within 15 metres of the centre line of a railway track, (a) the fire is presumed to have been caused by the conduct of railway operations for the purposes of subsection (1); and (b) the railway corporation responsible for the railway operations conducted on the railway track at the time the fire originated is liable for any costs, expenses, loss or damages related to the fire and described in subsections (2) and (3) as though the railway corporation was a person whose conduct caused the fire. 2017, c. 8, Sched. 12, s. 1. Rebuttal of presumed liability (9) If the railway corporation referred to in clause (8) (b) proves on the balance of probabilities that the fire was caused by another person or by something other than the conduct of railway operations, (a) the presumption under clause (8) (a) is rebutted; and (b) the operator of the railway company is not liable for any costs, expenses, loss or damages under this section. 2017, c. 8, Sched. 12, s. 1. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (4) - 22/12/1999 2002, c. 18, Sched. L, s. 4 (6) - 26/11/2002 2017, c. 8, Sched. 12, s. 1 - 17/05/2017 2025, c. 17, Sched. 1, s. 24 - 01/01/2026 No private law duty of care 21.2 The Minister does not owe a private law duty of care to any person in respect of, (a) any agreement entered into under subsection 19 (1); (b) any purported failure to enter into, amend or terminate any such agreement; (c) any order or implementation order or any permit made or issued under section 23; or (d) any purported failure to make, issue, amend or revoke any such order, implementation order or permit. 2025, c. 17, Sched. 1, s. 25. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 25 - 01/01/2026 Reporting of fires 22 Every person who has started a fire outdoors, or is in charge of a fire outdoors, that is not kept under control shall report the fire without undue delay to a wildland fire officer and in any prosecution or action the onus is upon the person to prove that he or she so reported the fire. R.S.O. 1990, c. F.24, s. 22; 2025, c. 17, Sched. 1, s. 26. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 26 - 01/01/2026 Emergency area orders 23 (1) Where in the opinion of the Minister a wildland fire emergency exists, the Minister may, by order, declare an area to be a wildland fire emergency area. 2025, c. 17, Sched. 1, s. 27.

Implementation orders (2) The Minister may make implementation orders and take such action as they consider necessary for effectual wildland fire management or for the safety of or evacuation of persons in an area that is the subject of a declaration under subsection (1). 2025, c. 17, Sched. 1, s. 27. No contravention without permit (3) No person shall contravene an implementation order, except in accordance with a permit issued by the Minister under subsection (4). 2025, c. 17, Sched. 1, s. 27. Permit re otherwise prohibited activities (4) The Minister may issue a permit that authorizes a person or class of persons to engage in specified activities that would otherwise be prohibited under subsection (2) if the Minister is of the opinion that permitting the specified activities, (a) would not pose significant risk to human health and safety; and (b) would permit or enable, (i) the protection of human or animal health and safety, (ii) the protection of natural resources and human-made structures or improvements if the natural resources or human-made structures or improvements have measurable or intrinsic worth and may be destroyed or otherwise altered by a fire in an area that is subject to the declaration under subsection (1), (iii) the protection, recovery or maintenance of critical infrastructure, (iv) wildland fire control or extinguishment, (v) activities generating significant economic benefit to the province, or (vi) any other activities the Minister considers necessary in the circumstances. 2025, c. 17, Sched. 1, s. 27. Conditions to permit (5) A permit issued under subsection (4) may include applicable conditions. 2025, c. 17, Sched. 1, s. 27. Legislation Act, 2006, Part III (6) An order made under subsection (1) or (2) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 2025, c. 17, Sched. 1, s. 27. Notice of order (7) The Minister shall provide notice of an order made under subsection (1) or (2) at such time and in such manner as the Minister considers appropriate. 2025, c. 17, Sched. 1, s. 27. Proof of order (8) A document that purports to be an order made under subsection (1) or (2), as the case may be, or that purports to be a copy of an order made under subsection (1) or (2), as the case may be, is admissible in evidence as proof of the making of the order and of the order’s contents, in the absence of evidence to the contrary. 2025, c. 17, Sched. 1, s. 27. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2025, c. 17, Sched. 1, s. 27 - 01/01/2026 24 Repealed: 1996, c. 1, Sched. N, s. 1 (6). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (6) - 17/05/1996 Offences and Penalties Obstruction of officers 25 A person shall not, (a) knowingly make a false or misleading statement to a wildland fire officer who is acting under this Act; or (b) hinder, impede or otherwise obstruct a wildland fire officer who is acting under this Act. 2025, c. 17, Sched. 1, s. 29. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 29 - 01/01/2026 Rendering assistance 26 No person shall refuse or neglect to provide any privately-owned equipment or to render assistance when required under section 7. R.S.O. 1990, c. F.24, s. 26. Accumulation of flammable refuse 27 No person shall within 800 metres of a municipality accumulate flammable debris or permit any such accumulation to remain on any property owned by the person or under the person’s control. R.S.O. 1990, c. F.24, s. 27; 2002, c. 17, Sched. F, Table. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 Smoking prohibited 28 No person shall smoke while walking or working in a wildland area during the fire season. R.S.O. 1990, c. F.24, s. 28; 2009, c. 33, Sched. 22, s. 3 (9); 2025, c. 17, Sched. 1, s. 41. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (9) - 15/12/2009 2025, c. 17, Sched. 1, s. 41 - 01/01/2026 Smoking material, etc. 29 No person shall throw or drop, in or within 300 metres of a wildland area, (a) a lighted match, cigarette, cigar or other smoking material; (b) live coals; or (c) hot ashes. R.S.O. 1990, c. F.24, s. 29; 2009, c. 33, Sched. 22, s. 3 (10); 2025, c. 17, Sched. 1, s. 41. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (10) - 15/12/2009 2025, c. 17, Sched. 1, s. 41 - 01/01/2026 Discharge of firearms 30 No person who discharges a firearm, a flare, fireworks or explosives in or within 300 metres of a wildland area shall leave any residue from the discharge unextinguished. R.S.O. 1990, c. F.24, s. 30; 1999, c. 12, Sched. N, s. 3 (5); 2002, c. 18, Sched. L, s. 4 (7); 2009, c. 33, Sched. 22, s. 3 (10); 2025, c. 17, Sched. 1, s. 41. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (5) - 22/12/1999 2002, c. 18, Sched. L, s. 4 (7) - 26/11/2002 2009, c. 33, Sched. 22, s. 3 (10) - 15/12/2009 2025, c. 17, Sched. 1, s. 41 - 01/01/2026 Destruction of notices or signs 31 No person shall, without lawful authority, tear down, remove, damage, deface or interfere with any notice or sign put up, posted or placed by the Ministry for the purposes of wildland fire prevention. R.S.O. 1990, c. F.24, s. 31; 2025, c. 17, Sched. 1, s. 30. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 30 - 01/01/2026 Destruction of equipment, etc. 32 No person shall, without lawful authority, tear down, remove, damage, deface or interfere with any equipment, building or structure placed in any area for the purpose of protecting the wildland area or for wildland fire management. R.S.O. 1990, c. F.24, s. 32; 2009, c. 33, Sched. 22, s. 3 (11); 2025, c. 17, Sched. 1, s. 31. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (11) - 15/12/2009 2025, c. 17, Sched. 1, s. 31 - 01/01/2026 Spark arresters 33 No person shall use or operate in or within 300 metres of a wildland area any burner, chimney, engine, incinerator or other spark-emitting outlet that is not provided with an adequate device for arresting sparks. R.S.O. 1990, c. F.24, s. 33; 2009, c. 33, Sched. 22, s. 3 (12); 2025, c. 17, Sched. 1, s. 41. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 22, s. 3 (12) - 15/12/2009 2025, c. 17, Sched. 1, s. 41 - 01/01/2026 Railways 34 The provisions of the Railway Safety Act (Canada) and the regulations made under that Act that relate to the prevention and control of fires apply with necessary modifications to any railway that is subject to the legislative jurisdiction of the Province of Ontario. 1999, c. 12, Sched. N, s. 3 (6). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (6) - 22/12/1999 Offences for contravention or failure to comply 34.1 Every person is guilty of an offence who contravenes, fails to comply with or attempts to contravene or fail to comply with, (a) a provision of this Act or the regulations; (b) an order made under this Act; (c) a condition of a permit issued under this Act; or (d) a condition set out in an agreement made under subsection 19 (1). 2025, c. 17, Sched. 1, s. 32. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 32 - 01/01/2026 Penalties 35 (1) A person who is guilty of an offence set out in section 34.1 is liable, on conviction, to, (a) if the person is an individual, a fine of not more than $50,000, a term of imprisonment of not more than one year, or to both; or (b) if the person is a corporation, a fine of not more than $500,000. 2025, c. 17, Sched. 1, s. 34 (1). Order re other penalties (1.1) If a person is convicted of an offence under this section, the court may, on its own initiative or on the motion of the prosecutor, make one or more of the following orders in addition to any other penalty: 1. An order requiring the person to refrain from engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence. 2. An order requiring the person to take any action that the court considers appropriate to remedy or prevent any harm to a wildland area that was a direct or indirect result of, or may result from, the commission of the offence. 3. An order to pay the Crown or any other person for all or part of any costs incurred to remedy or prevent any harm to a wildland area that directly or indirectly resulted from or may result from the commission of the offence. 4. An order to take such other steps as are specified in the order to comply with this Act, the regulations or any order made under this Act. 5. An order to pay to the Crown or any other person all or part of any expenses incurred by the Minister or the person, as the case may be, with respect to the seizure, storage or disposition of any thing seized in connection with the offence. 6. An order prohibiting the person from holding or applying for a permit issued under this Act and specified in the order and cancelling any such permit that the person currently holds. 7. An order to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence. 2025, c. 17, Sched. 1, s. 34 (1). Other conditions (1.2) An order under subsection (1.1) may contain such other conditions relating to the circumstances of the offence and of the person who committed or contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct. 2025, c. 17, Sched. 1, s. 34 (1). No stay on appeal (1.3) An appeal of a conviction of an offence under this Act does not stay the effect of an order made under subsection (1.1) at the time of the conviction. 2025, c. 17, Sched. 1, s. 34 (1). Recovery of expenses (2) On the request of the prosecutor, the court that convicts a person of an offence under section 34.1 may determine the amount, if any, that the person is required to pay under subsection 18 (3) or 21.1 (2) or (3), and may order the person to pay that amount, up to the monetary limit of the Small Claims Court, to the person entitled. 1999, c. 12, Sched. N, s. 3 (8); 2017, c. 8, Sched. 12, s. 2 (2); 2025, c. 17, Sched. 1, s. 34 (2). Enforcement (2.1) An order under subsection (2) may be enforced in the same manner as an order of the Small Claims Court. 1999, c. 12, Sched. N, s. 3 (8). Onus of proof (3) In any prosecution under a provision of this Act or the regulations that requires a permit, the onus is on the person charged to prove that the person had a permit at the time the offence is alleged to have been committed. R.S.O. 1990, c. F.24, s. 35 (3); 1996, c. 1, Sched. N, s. 1 (7); 2025, c. 17, Sched. 1, s. 34 (3). Regulated operations (4) A wildland fire compliance officer who finds that an operation is being carried on in contravention of the regulations made under clause 36 (1) (d) may order that the operation cease until any necessary permit has been obtained or until the person is in compliance with the regulations. 2025, c. 17, Sched. 1, s. 34 (4). Same (5) A person who continues an operation or causes an operation to be continued in contravention of an order made under subsection (4) is guilty of an offence and, in addition to any penalty imposed under subsection (1), is liable on conviction to a fine of $100 for each day the operation is continued in contravention of the order. 1996, c. 1, Sched. N, s. 1 (8). Corporations (6) If a corporation commits an offence under this Act, an officer, director, employee or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted for the offence. 2025, c. 17, Sched. 1, s. 34 (5). Employers and principals (7) In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the defendant acting in the course of employment or agency, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the defendant establishes that, (a) the offence was committed without the knowledge of the defendant; and (b) the offence was committed without the consent of the defendant. 2025, c. 17, Sched. 1, s. 34 (5). Presiding judge (8) The Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act. 2025, c. 17, Sched. 1, s. 34 (5). Limitation period (9) A proceeding in respect of an offence under this Act shall not be commenced after the earlier of, (a) two years after the day evidence of the offence first came to the attention of a wildland fire compliance officer; or (b) five years after the offence was, or is alleged to have been, committed. 2025, c. 17, Sched. 1, s. 34 (5). Same, transition (10) Subsections (1), (1.1), (6), (7) and (9) apply to an offence committed under this Act after subsection 34 (5) of Schedule 1 to the Resource Management and Safety Act, 2025 comes into force. 2025, c. 17, Sched. 1, s. 34 (5). Note: On January 1, 2031, subsection 35 (10) of the Act is repealed. (See: 2025, c. 17, Sched. 1, s. 34 (6)) Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (7, 8) - 17/05/1996; 1999, c. 12, Sched. N, s. 3 (7, 8) - 22/12/1999 2017, c. 8, Sched. 12, s. 2 (1, 2) - 17/05/2017 2025, c. 17, Sched. 1, s. 34 (1-5) - 01/01/2026; 2025, c. 17, Sched. 1, s. 34 (6) - 01/01/2031 Note: On a day to be named by order of the Lieutenant Governor in Council, the Act is amended by adding the following section: (See: 2025, c. 17, Sched. 1, s. 35) Remediation orders 35.1 (1) If a prescribed person is satisfied that a person is contravening or not complying with a provision of this Act or the regulations, unless the provision is prescribed, the prescribed person may issue a remediation order to the person in accordance with this section and the regulations. 2025, c. 17, Sched. 1, s. 35. Contents of order (2) The remediation order referred to in subsection (1) shall be in writing and shall include the following information: 1. The particulars of the contravention of this Act or the regulations. 2. The activity that shall be performed for remediation purposes by the person who contravened or failed to comply with a provision of this Act or the regulations. 3. The date by which the activity referred to in paragraph 2 is to be carried out. 4. The right to request a review of the remediation order. 2025, c. 17, Sched. 1, s. 35. Purposes of remediation activities (3) Any activities required to be performed in a remediation order shall be consistent with the purposes of wildland fire management or with any prescribed purposes. 2025, c. 17, Sched. 1, s. 35. Remediation order may be imposed with other measures (4) A remediation order may be issued in conjunction with any other regulatory measure provided by this or any other Act. 2025, c. 17, Sched. 1, s. 35. Limitation (5) A remediation order shall not be issued more than two years after the contravention first came to the knowledge of a wildland fire compliance officer. 2025, c. 17, Sched. 1, s. 35. Deadline (6) A person who has received a remediation order shall carry out the required activity by the date set out in the order, subject to any stays of the order described in subsection (11). 2025, c. 17, Sched. 1, s. 35. No right to be heard (7) There is no right to be heard before a remediation order is made. 2025, c. 17, Sched. 1, s. 35. Request for review (8) A person who has received a remediation order may submit a request for a review of the order to the Minister. 2025, c. 17, Sched. 1, s. 35. Time to submit request for review (9) A request for review under subsection (8) must be submitted to the Minister no more than 30 days after the day the order is served. 2025, c. 17, Sched. 1, s. 35. If review requested (10) If a person who has received a remediation order requests a review under subsection (8), the Minister shall conduct the review in accordance with the regulations, if any. 2025, c. 17, Sched. 1, s. 35. Stay of order (11) The commencement of a review operates as a stay of the order until the matter is finally disposed of. 2025, c. 17, Sched. 1, s. 35. Decision of Minister (12) After conducting the review, the Minister may, (a) find that the person did not contravene the provision of this Act or the regulations specified in the remediation order, and rescind the remediation order; (b) find that the person did contravene the provision of this Act or the regulations specified in the remediation order, and affirm the remediation order; or (c) find that the person did contravene the provision of this Act or the regulations specified in the remediation order but determine that the penalty is excessive in the circumstances and amend the remediation order to substitute a less onerous activity. 2025, c. 17, Sched. 1, s. 35. Decision final (13) The Minister’s decision under subsection (12) is final. 2025, c. 17, Sched. 1, s. 35. Activity after review (14) If the Minister finds under clause (12) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the remediation order, the person shall carry out the activity set out in the order within the time period set out by the Minister in the decision. 2025, c. 17, Sched. 1, s. 35. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 35 - not in force Administrative penalties Purpose 35.2 (1) The purpose of an administrative penalty imposed under this section is to promote compliance with the requirements established under this Act. 2025, c. 17, Sched. 1, s. 36. Order imposing administrative penalties (2) If a prescribed person is satisfied that a person is contravening or not complying with a provision of this Act or the regulations, unless the provision has been prescribed, the prescribed person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2025, c. 17, Sched. 1, s. 36. Content of order (3) The order imposing an administrative penalty shall be in writing and shall include the following information: 1. The particulars of the contravention of this Act or the regulations. 2. The date and time by which payment of the administrative penalty must be made. 3. The amount payable and how payment of the administrative penalty may be made. 4. The right to request a review of the administrative penalty order. 2025, c. 17, Sched. 1, s. 36. Amount of administrative penalty (4) The amounts for administrative penalties shall be determined in accordance with the regulations. 2025, c. 17, Sched. 1, s. 36. Administrative penalty may be imposed with other measures (5) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act. 2025, c. 17, Sched. 1, s. 36. Limitation (6) An administrative penalty shall not be imposed more than two years after the contravention first came to the knowledge of a wildland fire compliance officer. 2025, c. 17, Sched. 1, s. 36. Deadline to pay penalty (7) A person who has received an order imposing an administrative penalty shall pay the penalty within 30 days after the day the order was served, subject to any stays of the order described in subsection (12). 2025, c. 17, Sched. 1, s. 36. No right to be heard (8) There is no right to be heard before an order imposing an administrative penalty is made. 2025, c. 17, Sched. 1, s. 36. Right to review (9) A person who has received an order imposing an administrative penalty may submit a request for a review of the order to the Minister. 2025, c. 17, Sched. 1, s. 36. Time to submit request for review (10) A request for review under subsection (9) must be submitted to the Minister within 30 days after the order is served. 2025, c. 17, Sched. 1, s. 36. If review requested (11) If a person who has received an order imposing an administrative penalty requests a review under subsection (9), the Minister shall conduct the review in accordance with any prescribed requirements. 2025, c. 17, Sched. 1, s. 36. Stay of order (12) A review commenced under subsection (9) operates as a stay of the order until the matter is finally disposed of. 2025, c. 17, Sched. 1, s. 36. Decision of Minister (13) After conducting the review, the Minister may, (a) find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty; (b) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or (c) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, in that case, the Minister shall amend the order imposing the administrative penalty by reducing the amount of the penalty. 2025, c. 17, Sched. 1, s. 36. Decision final (14) The Minister’s decision under subsection (13) is final. 2025, c. 17, Sched. 1, s. 36. Payment after review (15) If the Minister finds under clause (13) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty, the person shall pay the penalty required by the Minister within 30 days after the day the decision was made. 2025, c. 17, Sched. 1, s. 36. Enforcement by court (16) If an order imposing an administrative penalty has been issued under this section to a person and the penalty is not paid by the applicable deadline, the order imposing the administrative penalty or the Minister’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court. 2025, c. 17, Sched. 1, s. 36. Post judgment interest (17) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (16) of this section and the date on which the order or decision is filed under subsection (16) of this section is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2025, c. 17, Sched. 1, s. 36. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 36 - 01/04/2026 General Standard of review 35.3 In any judicial review of a decision made by the Minister, or a delegate of the Minister, under this Act, the decision shall not be altered or set aside unless it is unreasonable. 2025, c. 17, Sched. 1, s. 37. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 37 - 01/01/2026 Service 35.4 (1) An order under section 14, 35.1 or 35.2 is sufficiently sent to or served on a person if it is delivered, (a) personally; (b) by registered mail; (c) by email; (d) by any means that allows for proof of receipt; or (e) by any other prescribed means. 2025, c. 17, Sched. 1, s. 38. Service by registered mail (2) If service is made by registered mail, the service is deemed to be made on the fifth day after the day of mailing. 2025, c. 17, Sched. 1, s. 38. Service by email (3) If service is made by email, the service is deemed to be made on the day after it is sent unless that day is a Saturday or a holiday in which case the notice or order is deemed to be received on the next day that is not a Saturday or a holiday. 2025, c. 17, Sched. 1, s. 38. Exception (4) If a person on whom service is being made by registered mail or email establishes that they did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, receive the notice or order until a later date, that later date is the deemed date of receipt. 2025, c. 17, Sched. 1, s. 38. Section Amendments with date in force (d/m/y) 2025, c. 17, Sched. 1, s. 38 - 01/04/2026 Regulations Regulations — Lieutenant Governor in Council 36 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing and governing anything in this Act that is described as being prescribed, done in accordance with the regulations, provided for in the regulations or authorized or required by the regulations, other than a matter that this Act describes as being prescribed by the Minister; (b) declaring parts of Ontario to be fire regions and declaring the name that each fire region shall bear; (c) regulating or prohibiting outdoor fires; (d) regulating or prohibiting operations specified by the regulations; (e) prescribing and governing the circumstances in which a fire permit is not needed; (f) governing the issuance, form, refusal and cancellation of permits or classes of permits under this Act and prescribing and governing terms and conditions of such permits or classes of permits; (g) providing for and governing appeals from a refusal to issue or renew a permit, from the cancellation of a permit or from the imposition of terms and conditions in a permit; (h) designating classes of operations and activities and governing the equipment, staff and precautions to be provided or observed in respect of wildland fire management by persons engaged in any class of operation or activity; (i) designating kinds of stoves and installations for the purpose of section 12 and governing their use in restricted fire zones; (j) governing wildland fire management plans and prescribing requirements with respect to their contents; (k) prescribing costs, expenses, losses and damages for the purposes of subsection 21.1 (4); (l) governing remediation orders that may be imposed under section 35.1, including, (i) prescribing the person or classes of persons who may issue remediation orders, (ii) prescribing the provisions of this Act or the regulations that, when contravened, may not form the subject of a remediation order, (iii) prescribing and governing procedures for making and serving a remediation order and the form and content of such orders, (iv) prescribing activities that can be required in a remediation order, (v) governing reviews of remediation orders, including providing procedures for requesting, commencing and conducting such reviews and prescribing criteria that are to be considered and criteria that are not to be considered in such reviews, and (vi) governing the purposes in respect of which an activity in a remediation order must be consistent; (m) governing administrative penalties that may be imposed under section 35.2, including, (i) prescribing the person or classes of persons who may issue administrative penalties, (ii) prescribing the provisions of this Act or the regulations that, when contravened, may not form the subject of an administrative penalty, (iii) prescribing the amount of an administrative penalty or providing for the determination of the amount of the penalty by prescribing the method of calculating the amount and the criteria to be considered in determining the amount, (iv) providing for different amounts to be paid, or different calculations or criteria to be used, providing for amounts to be paid in respect of each day or part of a day and providing for higher penalties for a second or subsequent contravention or failure to comply, (v) governing the payment of penalties and authorizing prescribed persons to approve a plan of periodic payments that extends beyond the deadline, (vi) authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes, (vii) prescribing and governing procedures for making and serving an administrative penalty order and the form and content of such orders, (viii) governing reviews of administrative penalties, including providing procedures for requesting, commencing and conducting such reviews and prescribing criteria that are to be considered and criteria that are not to be considered in such reviews, (ix) prescribing circumstances in which a person is not required to pay an administrative penalty, and (x) providing that an administrative penalty is payable to the Minister of Finance; (n) prescribing forms and providing for their use; (o) respecting any matter necessary or advisable to effectively carry out wildland fire management; (p) defining any term that is not defined in this Act. 2025, c. 17, Sched. 1, s. 39. General or specific (2) A regulation made under this section may be general or specific in its application. 2025, c. 17, Sched. 1, s. 39. Adoption by reference (3) A regulation made under subsection (1) may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time. 2025, c. 17, Sched. 1, s. 39. Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. N, s. 1 (9) - 17/05/1996; 1999, c. 12, Sched. N, s. 3 (9) - 22/12/1999 2017, c. 8, Sched. 12, s. 3 - 17/05/2017 2025, c. 17, Sched. 1, s. 39 - 01/01/2026 Transition regulations 37 The Lieutenant Governor in Council may make regulations governing such transitional matters as the Lieutenant Governor in Council considers necessary or advisable with respect to the enactment of Schedule 1 to the Resource Management and Safety Act, 2025. 2025, c. 17, Sched. 1, s. 40. Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. I, s. 19 - 18/12/1998; 1999, c. 12, Sched. N, s. 3. (10) - 22/12/1999 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2025, c. 17, Sched. 1, s. 40 - 01/01/2026 ______________