Wildfires Regulation

Wildfires Regulation, M.R. 26/2024 The Wildfires Act , C.C.S.M. c. W128 Regulation 26/2024 Registered March 27, 2024 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Officers 3 Burning permit area 4 Outdoor fires 5 Flammable objects and explosives 6 Carrying on work 7 Firefighting equipment 8 Repeal 9 Coming into force Schedule INTERPRETATION Definitions 1 The following definitions apply in this regulation. "Act" means The Wildfires Act . («  Loi  ») "exploding target" means any target designed to combust or explode, including an incendiary target, a binary target or any container holding explosive substances. (« cible explosive ») "extinguish" means to fully put out a fire such that there is no bright light, heat or smoke and the embers are cool to the touch throughout with no chance of reigniting. (« éteindre ») "person" means an individual, corporation, partnership, joint venture, syndicate, association, trust or any other entity or organization. (« personne ») "restricted work" means work described in subsection 12.1(1) of the Act. (« activités restreintes ») "sky lantern" means a lantern, balloon or other device that is designed to carry an open flame. (« lanterne céleste ») OFFICERS Designation of officers — department employees 2(1) A person employed in the department in one of the following employee classifications is designated as an officer under the Act: (a) Area Fire Manager; (b) Air Attack Officer; (c) Assistant Area Fire Manager; (d) Director of Manitoba Wildfire Service; (e) Fire Operations Manager; (f) Fire Operations Officer; (g) Fire Ranger; (h) Forester; (i) Patrol Officer; (j) Regional Fire Operations Manager; (k) Regional Fire Technician; (l) Regional Wildfire Superintendent; (m) Resource Management Assistant; (n) Resource Technician (Forestry); (o) Supervisor of Fire Operations; (p) Supervisor of Field Services. Designation of officers — Parks employees 2(2) A person employed in the Department of Environment and Climate Change in one of the following employee classifications is designated as an officer under the Act: (a) Director of Parks; (b) Park District Manager; (c) Park Region Manager; (d) Senior Manager, Operations and Development (Parks). Designation of officers with limited powers 2(3) A person employed by the department in one of the following employee classifications is designated as an officer under the Act but they may only exercise the powers set out in subsections 19(3) and 20(4) of the Act: (a) Clerk; (b) Financial Administrator; (c) Fire Clerk; (d) Radio Clerk; (e) Regional Fire Clerk; (f) Wildfire Clerk. Limitation on arrest 2(4) The powers of arrest set out in Part 5 of The Provincial Offences Act must be exercised only by the following officers: (a) an officer designated under clauses 4.1(1)⁠(c) to (f) of the Act; (b) a patrol officer designated under clause (1)⁠(i). BURNING PERMIT AREA AND FIRE PREVENTION Burning permit area 3 The lands shown as burning permit areas on the Administrative Boundary Plan of Burning Permit Areas filed in the office of the Director of Surveys in Winnipeg as No. 20514 are designated as burning permit areas for the purposes of the Act. Outdoor fires 4 For the purposes of the Act, a fire is not an outdoor fire if it is started and remains contained within (a) a fully enclosed container, fire pit, burning barrel or incinerator that is made of noncombustible material and covered with a heavy gauge metal screen which is sufficient to prevent the escape of sparks or embers; or (b) a noncombustible container or on a surface of bare rock, gravel, sand, mineral soil, concrete or other noncombustible material, if the container or surface is (i) surrounded by an area of noncombustible material that is at least one metre in radius in all directions away from the outside edge of the container or the fire, if there is no container, (ii) supervised by a person who remains present until the fire has been extinguished, and (iii) near a sufficient supply of water to extinguish the fire. Flammable objects and explosives 5(1) A person must not do any of the following in a burning permit area during the wildfire season except under the authority of a burning permit or travel permit: (a) discharge a firearm using incendiary or tracer ammunition; (b) discharge or ignite fireworks unless discharged or ignited within a city, town or village; (c) discharge or ignite firecrackers; (d) release a lit sky lantern; (e) shoot, ignite or detonate an exploding target; (f) handle or store ammunition, fireworks, firecrackers, sky lanterns, exploding targets or any other flammable object or explosive in a manner that may cause them to be discharged or ignited unintentionally. Extinguish residue 5(2) A person who does anything listed in subsection (1) must immediately extinguish all burning residue created. CARRYING ON WORK Carrying on work 6(1) A person carrying on restricted work within a burning permit area must comply with the following conditions, as applicable: (a) vegetation must not be bulldozed within five metres from standing timber; (b) any vegetation removed or debris accumulated must be compacted in windrows in accordance with clause (c) or burned in accordance with clause (d); (c) windrows or piles must (i) not exceed 150 metres in length and must be separated by at least a 50-metre break between each length, (ii) be compacted to lie as close to the ground as possible, with a maximum height of 0.6 metres, and (iii) be a minimum of one metre away from the bush line; (d) material of any kind may be burned only if the burning is completed (i) under the authority of a burning permit, if the burning is to be completed during the wildfire season, (ii) at least 15 metres from standing timber, and (iii) when conditions are safe to do so. Exception — permits 6(2) A burning permit, a travel permit or a permit or licence issued under another enactment may exempt a person from requirements under subsection (1) or set out alternative requirements. Exception — forestry operations 6(3) The holder of a timber cutting right or a wood processing facility licence within the meaning of The Forest Act is not required to comply with clauses (1)⁠(a) and (b) during the cutting or harvesting operation if (a) the cutting or harvesting operation is conducted in compliance with clauses (1)⁠(a) and (b) to the extent reasonably practicable; and (b) after the cutting or harvesting operation is complete, the holder complies with (i) clause (1)⁠(a), and (ii) clause (1)⁠(b) as soon as reasonably practicable and not later than six months after each cutting or harvesting operation is completed. Firefighting equipment 7(1) A person carrying on any work or activity in a burning permit area during the wildfire season must have the applicable firefighting equipment set out in the Schedule to this regulation and ensure that the equipment is readily available and kept in proper working order at all times. Alternative equipment 7(2) An officer may, in writing, authorize the person to use alternative firefighting equipment instead of the specific equipment set out in the Schedule if the alternative equipment provides the same level of firefighting ability. REPEAL AND COMING INTO FORCE Repeal 8 The following regulations are repealed: (a) the Burning Permit Areas Regulation , Manitoba Regulation 242/97; (b) the Designation of Officers Regulation , Manitoba Regulation 86/98. Coming into force 9 This regulation comes into force on the same day that The Wildfires Amendment Act , S.M. 2023, c. 20, comes into force. SCHEDULE (Section 7) FIREFIGHTING EQUIPMENT