1. Inspection Orders vs Charging (Prosecution)
Fire Protection and Prevention Act, 1997
Statues of Ontario, 1997, Chapter 4 (of the Statues)
In order to ensure consistency in all OFM documents, materials, publications, and presentations, the 3 Lines of Defence are to be referred to as:
1. Public Fire Safety Education
2. Fire Safety Standards and Enforcement
Emergency Response
Nancy Macdonald-Duncan
Program Specialist – Prosecutions
Office of the Fire Marshal
Cathy Robertson
Captain, Toronto Fire Service

2. ENTRY (Why and How) Request/Complaint/Routine New Regulations
O. Reg. 365/13 – Mandatory
Assessment of Complaints and Request for Approval
O. Reg. 364/13 – Mandatory Inspection
Fire Drill in Vulnerable Occupancy
How to gain entry if entry denied?
Entry Warrants (grounds and numbers)
If a person receives a complaint, the complaint is to be assessed to determine whether it would be advisable to conduct a fire safety inspection in the building or part of a building
(assess – determine)
Approval by CFO - (assess need for inspection – determine if inspection required)
If the inspection is with respect to a Care, care and treatment or retirement home (must file specific information with the FM)
O. Reg. 364/13
If CFO is notified of Fire drill under
Shall ensure an inspector observes the fire drill and conducts Fire Safety Inspection
Provides specific information to the FM

3. Inspection Orders Traditionally 21(1)(a) – (f) 21(1)(g)
Subjective application of the Code

4. Inspection Orders 2012 – forward
Revised Inspection and Enforcement Guideline TG
21(1)(g) (any code deficiency)

5. Inspection Orders Advantages Work with the owner/occupant
Gives time for compliance
Time can be extended
Right of appeal
Need Cathy to speak about what is happening in Toronto. Difficulty of larger municipalities to just jump in.

6. Inspection Orders Considerations:
21(1) (b) structural repairs and alterations
22(1) limitation on 21(1)(b) when building was built to OBC compliance and continues to comply with the code as it existed at the time of construction
Must describe type and use of building
What is required and why? Must articulate risk
Reasonable time for compliance

7. Prosecution Code Violation s. 28(1)(c)
Non-compliance with Inspection Orders s.30
Penalties
Part I – Ticket
Part III – Information/summons
Explain difference in process
Penalties
$50,000.00
$100,000.00
$20, per day
$ plus VFS and costs $235.00

8. Prosecution Sends message to defendant (compliance with the law)
Deterrent to others
Collection of Fines (Where does fine go?)

9. Prosecution Considerations: Can be lengthy
May require retention of counsel
Will require disclosure/crown brief
Proof of ownership
Is open to due diligence defence
LIMITATION PERIODS – Part I/Part III
Time from first appearance to trial

10. Inspection Order and Prosecution Necessary Elements
ACCURATE AND COMPLETE NOTES
CORRECT DETERMINATION OF OCCUPANCY
COMPLETING DOCUMENTATION ACCURATELY
FOLLOW-UP

11. Non-compliance Intentionally disable/Failing to Maintain
Same day charges/zero tolerance/Inspection Orders

12. TORONTO SCENARIO