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Who is responsible for Enforcement?
Environment Offices from Manitoba Conservation, RCMP and
municipal police enforce the Regulation. Burning infractions are
normally dealt with by issuing an Offence Notice (a ticket) under the
Summary Convictions Act. Enforcement may also be carried out by
laying a charge directly under the Environment Act; this would most
likely be for repeat or more serious offences.
How will Enforcement be carried out?
Tickets can be issued on the spot (to the operator or owner of the
property where the infraction has occurred) with the standard fine for a
first time offence set at $2,107 plus courts costs under The
Summary Convictions Act. In addition, an ‘Extinguish Order’ will
be issued, which, if not complied with, will trigger further charges.
If health or safety problems arise from smoke from a specific legal
fire, and RCMP or Medical Health Officer will issue an ‘Extinguish
Order’.
If not complied with, charges will be laid plus the fire will be
ordered extinguished by a local Fire Department. Provisions of the
regulation allow for bill-back to the offender for such extinguishment
costs.
What the Regulation Says
- For illegal burns (for example, burning at night or on a day when
burning is not authorized (‘closed day’)):
- First Offence: Common Offence Notice plus ‘Extinguish Order’.
- Second Offence: Information plus ‘Extinguish Order’.
- Failure to comply with Order of Environment Officer:
Information. (A third party will not be called out to extinguish
fire unless it is determined that there is a traffic or health
hazard).
- Legal burns but causing health or highway hazards (Section
4(2)(d)):
- RCMP to make determination regarding highway hazard.
- Manitoba Health (Medical Officer of Health) to make
determination regarding health hazard.
- Extinguish Order to be issued immediately.
- Information to be laid if non-compliance with Order.
- If non-compliance with Extinguish Order, third party to be
called out to extinguish fire (Section 10(4)).
- Other Offenses (for example, lack of supervision or lack of proper
fire-guard):
- Since these terms are not clearly defined, they constitute
judgement calls on the part of the Environment Officers.
- If, in the opinion of the Environment Officer, it is appropriate
– a formal written warning can be issued.
Who will be charged to be the recipient of the Orders?
- Normally this would be the occupier of the land since presumably
he is responsible for the fire.
- It may be appropriate to charge an owner as well if it can be
shown he has some responsibility for illegal fires.
How is it determined who is the owner/occupier of the land where the
fire is occurring?
- If there is no obvious person present and/or identifiably
responsible for the illegal fire: a. Common Offence Notice and/or
Information can be issued the following day. Municipal Offices will
have records of land ownership.
- It will be important to gather supporting information to prove
that an illegal fire had occurred and specific geographic information
as to where the fire occurred (ex. 5.5 miles west of the intersection
of #X and #Y highways on #X highway).
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