p-23 - Fire Prevention Act

Replaced on 1 September 2000

This document has official status.

chapter P-23

Fire Prevention Act

Chapter P-23 is replaced by the Fire Safety Act (chapter S‐3.4). (2000, c. 20, s. 158).

2000, c. 20, s. 158.

1. (Repealed).

1968, c. 52, s. 1; 1977, c. 5, s. 14; 1984, c. 40, s. 23.

2. (Repealed).

1968, c. 52, s. 2; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1984, c. 40, s. 23.

3. The Minister of Public Security is responsible for fire prevention in Québec.

For such purpose he shall, either personally or through any functionary whom he designates:

(a)  collect from the government departments and bodies, and from municipalities, the available information respecting their policies, programs, projects and achievements in matters of fire protection;

(b)  provide for the establishment of a central information and statistics service respecting fire protection and fire-fighting and for the keeping of such service at the disposal of the municipalities and of any others interested;

(c)  organize a research service to improve methods of fire protection and fire-fighting;

(d)  visit municipalities and advise them in matters of fire protection and fire-fighting;

(e)  give his opinion to the various government departments and bodies on the problems of fire protection and fire-fighting;

(f)  provide for the diffusion of information and advice to the public generally on the means of preventing fires;

(g)  further the formation of associations whose object is to promote fire prevention.

He may also offer training and improvement courses in matters of fire protection and fire-fighting to members of any fire-brigade and to persons who are preparing to become members thereof.

1968, c. 52, s. 3; 1984, c. 40, s. 24; 1988, c. 46, s. 10.

4. The Government, by regulation, may,

(a)  determine the training and improvement programs in matters of fire prevention to be given in the schools established by municipalities for the members of their fire-brigades and the persons who wish to become members thereof;

(a.1)  determine the training requirements and the other qualifications required of members of fire departments, according to determined classes;

(b)  subject to the provisions of the Public Buildings Safety Act (chapter S-3), prescribe the minimum measures of fire protection which must be taken by the owners and occupants of buildings in the categories which it designates, including appliances for fire-alarms, fire protection and fire-fighting which must be installed therein and their characteristics, determine the steps to be taken for keeping such appliances in good condition at all times and the tests they must undergo;

(c)  prescribe the minimum standards of efficiency for appliances for fire-alarms, fire protection and fire-fighting which may be manufactured, sold or otherwise distributed in Québec, their characteristics and the notices which must accompany the same, and prohibit the manufacture, sale and distribution of appliances that are not in conformity with such standards;

(d)  subject to the provisions of the Fuel Tax Act (chapter T-1), and of the Public Buildings Safety Act (chapter S-3), determine the minimum standards of safety under which inflammable substances must be transported, kept and stored;

(e)  determine the form and tenor of the notices and of the returns which it may require under this Act or the regulations made thereunder, and the time within which such notices and returns must be furnished to it.

They shall have effect notwithstanding any inconsistent provision of the charter or by-laws of a municipality.

1968, c. 52, s. 4; 1984, c. 40, s. 25; 1997, c. 48, s. 1; 1999, c. 40, s. 217.

5. The director or chief of the fire-brigade of any local municipality in whose territory a fire or explosion has destroyed or damaged a building, or the person in charge of the fire protection service in such territory or, if there is no such chief or person, the secretary-treasurer or clerk of the municipality, shall give notice of such fire or explosion to the Minister as soon as possible.

1968, c. 52, s. 5; 1984, c. 40, s. 26; 1996, c. 2, s. 776.

6. The Minister, subject to the powers conferred upon any competent fire investigation commissioner by the Fire Investigations Act (chapter E-8), may enter, at any reasonable hour of the day, any immovable, private or public, to ensure the carrying out of this Act and the regulations made thereunder, and make an investigation into any fire or explosion which has destroyed or damaged a building, in order to examine the measures taken to prevent and fight such fire or explosion. He may also delegate such power, in writing, to any person whom he designates for the territory indicated by him.

For the purposes of any investigation, the Minister or any person to whom he has delegated his powers, shall be exofficio a peace officer.

1968, c. 52, s. 6; 1984, c. 40, s. 27.

7. The Minister may, following a fire or explosion which has destroyed or damaged a building, compel any fire insurance company doing business in Québec, any claims adjuster, chief of a fire-brigade, secretary-treasurer or clerk of a municipality, and any person who incurs a loss in consequence of such a fire or explosion, to communicate to him the findings that such persons or their representatives or employees have made on the occasion of such fire or explosion, and the information which they have respecting such fire or explosion, the causes thereof and the nature and extent of the damages.

He may also require of any fire insurance company doing business in Québec a report on the insurance policies in force respecting any building that has been burnt, or destroyed or damaged by an explosion. Such report must contain all the information provided for by the regulations made under this act.

1968, c. 52, s. 7; 1984, c. 40, s. 28.

8. When a building is in such a condition that the risks of fire or explosion that it presents or the consequences of a fire that it has sustained or of an explosion which has destroyed or damaged it endanger persons or property, a judge of the Superior Court sitting in the district where such building is situated may, upon motion by the Attorney General presented even during a suit, order the owner of the building or any other person in charge thereof to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, and if the owner has been impleaded, to demolish the building within such time as he fixes, and order that on failure to do so within such time, the Minister may perform such works or effect such demolition at the expense of the owner of the building.

In case of exceptional urgency, the judge may authorize the Minister to perform such works or effect such demolition forthwith, and the latter may claim the cost thereof from the owner.

When the owner of the building or the person in charge thereof is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister to perform the works or effect the demolition forthwith, and the latter may claim the cost thereof from the owner of the building if he identifies or finds him.

The judge may also in all cases order the persons who inhabit the building to vacate the same within such time as he fixes.

The motion shall be served in the manner prescribed by the judge unless he dispenses with service; it shall be heard and decided by preference; when it is presented, the judge may authorize the parties to file a written contestation within such time as he determines and fix a date for proof and hearing; he may also require any evidence that he deems necessary.

1968, c. 52, s. 8; 1984, c. 40, s. 29; 1999, c. 40, s. 217.

9. Any person who hinders or attempts to hinder a person doing anything that he is obliged or authorized by this Act to do, knowingly gives him incorrect information, misleads him by a false declaration, refuses to give him information which he is entitled to obtain under this Act or the regulations, refuses or neglects to obey an order which he is authorized to give by this Act or the regulations, or contravenes this Act or the regulations made thereunder, is guilty of an offence and liable to a fine of not less than $50 nor more than $200 for the first offence, and in the case of a second or subsequent conviction to a fine of not less than $100 nor more than $1 000.

1968, c. 52, s. 9; 1984, c. 40, s. 30; 1990, c. 4, s. 655.

10. The Minister may grant subsidies to any municipality to assist it in preventing and fighting fires.

1968, c. 52, s. 10 (part); 1984, c. 40, s. 31.

11. The Minister of Public Security shall have charge of the carrying out of this Act.

1968, c. 52, s. 11; 1988, c. 46, s. 11.

12. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 52 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 10 (part) and 13, effective from the coming into force of chapter P-23 of the Revised Statutes.

Section 4 of this Act will be amended upon the coming into force of section 267 of chapter 34 of the statutes of 1985 on the date fixed by order of the Government.