The Wildfires Act

The Wildfires Act, C.C.S.M. c. W128 (Assented to June 28, 1997) bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 ADMINISTRATION 2 Application of Act 3 Administration 4 Delegation by minister 4.1 Designation of officers 4.2 Identification 5 Provincial fire guardians PART 3 POWERS 6 Ministerial powers 7 Officer's powers 7.1 General inspection powers 7.2 Assistance to be given 7.3 Entry for investigation of wildfire 7.4 Warrant for entry PART 4 DUTIES 8 Duty to control fires 9 Duty of owner or occupant re wildfires 10 Duty to report wildfires 11 Duty to supply information PART 5 PROHIBITIONS 12 Prohibitions 12.1 Prohibition re certain work PART 6 MUNICIPAL DUTIES AND RESPONSIBILITIES 13 Municipal responsibility 14 Municipal fire guardians 15 Officer's power to override municipal wildfire protection operations 16 Reimbursement for wildfire protection expenses 17 Municipal protection and liability PART 7 BURNING PERMITS AND OUTDOOR FIRES 18 Application 19 Burning permits and outdoor fires PART 8 TRAVEL PERMITS 20 Travel permits 21 Restrictions re water bombing operations 22 Wildfire emergencies PART 9 Repealed 23-25 Repealed PART 10 RAILWAYS 26 Transport Canada rules PART 11 MACHINERY, EQUIPMENT AND INDUSTRIAL OPERATIONS 27 Prohibitions re equipment 28 Fire control plans PART 12 GENERAL PROVISIONS 29 Protection of the Crown 30 Civil rights 31 Cost recovery 32 False statements 33 Compensation for wildfire protection operation losses 34 Appeal to minister PART 13 OFFENCES 35 Offences and penalty 36 Evidence and procedure PART 14 REGULATIONS 37 Lieutenant Governor in Council regulations 38 Ministerial regulations PART 15 MISCELLANEOUS PROVISIONS 39-45 Consequential amendments 46 C.C.S.M. reference 47 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTERPRETATION Definitions 1 In this Act "burning permit" means a permit issued under subsection 19(3); (« permis de feu ») "burning permit area" means an area that is designated as a burning permit area by regulation; (« zone de permis de feu ») "Crown" means His Majesty the King in right of the province; (« Couronne ») "Crown land" means land administered under The Crown Lands Act ; (« terre domaniale ») "department" means the department over which the minister presides; (« ministère ») "director" means the Director of Headquarters, Operations Division for the department; (« directeur ») "fire" means any type of fire, including a wildfire; (« incendie ») "fire guardian" means a person appointed as a fire guardian under section 5 or 14; (« garde-feu ») "industrial operation" means an activity carried on in connection with the development or maintenance of agriculture, natural resources utilization, industry, construction, public works, public utilities or surveys and includes any other activity that may be so specified in the regulations; (« activité industrielle ») "matter" means matter, material, substance or thing; (« matière ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "municipality" means (a) a municipality as defined by The Municipal Act , (b) a local government district incorporated or continued under The Local Government Districts Act , or (c) a city, town or village; (« municipalité ») "officer" means a person designated or appointed as an officer under section 4.1; (« agent ») "outdoor fire" means a fire that is started outdoors but does not include a fire that is started in, and remains contained within, a container or fire pit that complies with the requirements prescribed by regulation; (« feu extérieur ») "person" means a person, corporation or municipality; (« personne ») "premises" means a building, trailer, or other structure erected on land; (« lieu ») "property" means real and personal property; (« bien ») "railway" means a railway that operates in Manitoba; (« chemin de fer ») "regulation" means a regulation made under this Act; (« règlement ») "start" with respect to a fire, means to kindle, light, place, or set out a fire, or cause a fire to be started; (« allumer ») "temporary fire guardian" means a person appointed as a temporary fire guardian under subsection 7(17); (« garde-feu temporaire ») "travel permit" means a permit issued under subsection 20(4); (« permis de circulation ») "wildfire" means an outdoor fire that is burning out of control or that an officer believes may burn out of control; (« incendie échappé ») "wildfire protection operations" means wildfire prevention, detection, control, pre-suppression, suppression and extinguishment; (« protection contre les incendies échappés ») "wildfire season" means the period in each year commencing on April 1 and ending on November 15, or any other period of time that may be designated by the minister. (« saison des incendies échappés ») S.M. 2015, c. 4, s. 30 ; S.M. 2021, c. 45, s. 32 ; S.M. 2023, c. 20, s. 2 . PART 2 ADMINISTRATION Application of Act 2 Subject to section 18, this Act applies to all land within Manitoba. Administration 3 The department shall administer this Act and the regulations. Delegation by minister 4 The minister may delegate to an officer any power, duty or function conferred on the minister by this Act, other than the power to make regulations. Designation of officers 4.1(1) The following persons are designated as officers to carry out the provisions of this Act and the regulations: (a) a person or class of persons employed by the department holding a position prescribed by regulation; (b) a fire guardian; (c) a conservation officer appointed under The Conservation Officers Act ; (d) the fire commissioner and any deputy fire commissioner or assistant fire commissioner appointed under The Fires Prevention and Emergency Response Act and any inspector appointed or designated under that Act; (e) a park warden of a national park as defined by the Canada National Parks Act ; (f) a police officer appointed under federal or provincial legislation; (g) a person or class of persons designated by regulation. Officers appointed by minister 4.1(2) The minister may appoint any person as an officer to carry out the provisions of this Act and the regulations, subject to specified conditions or with limited powers as specified. S.M. 2023, c. 20, s. 3 . Identification 4.2 An officer exercising a power under this Act or the regulations must produce identification on request. S.M. 2023, c. 20, s. 3 . Provincial fire guardians 5 The minister may appoint any person as a fire guardian to carry out the provisions of this Act and the regulations, subject to specified conditions or with limited powers as specified. S.M. 2023, c. 20, s. 4 . PART 3 POWERS Ministerial powers 6 For the purpose of this Act and the regulations, the minister may, on behalf of the government, enter into an agreement respecting wildfire protection operations and investigations with (a) the Government of Canada; (b) the government of a province or territory; (c) the government of the United States of America or any of its states; (d) a band as defined by the Indian Act (Canada); (e) a municipality; or (f) any other person. S.M. 2023, c. 20, s. 5 . WILDFIRE PROTECTION OPERATIONS 7(1) [Repealed] S.M. 2023, c. 20, s. 7 . Officer's power of entry for fire 7(2) For the purpose of wildfire protection operations, an officer or a temporary fire guardian may without a warrant enter on or pass over any land, or enter any premises, vehicle or machinery which is on fire, or which the officer or temporary fire guardian has reasonable grounds to believe is threatened by fire. Officer's power of entry for fire hazard 7(3) For the purpose of wildfire protection operations, an officer or a temporary fire guardian may, without a warrant enter on or pass over any land, or enter a vehicle, or premises other than a private dwelling which the officer or temporary fire guardian has reasonable grounds to believe constitutes a fire hazard. Officer's power to issue order re fire hazard 7(4) An officer who finds conditions that in his or her opinion constitute a fire hazard, may issue an order to the owner, occupant, lessee or person in charge of the land, premises, vehicle or machinery on which the fire hazard exists, to reduce or remove the hazard at his or her own expense within a fixed time and in a manner prescribed by the officer. Officer's power of entry to control fire hazard 7(5) An officer who finds that an order made under subsection (4) has not been complied with, may enter on the land, premises, vehicle or machinery with any equipment and persons that the officer considers necessary, and may reduce or remove the fire hazard. 7(6) to (9) [Repealed] S.M. 2023, c. 20, s. 7 . Officer's power to stop vehicles 7(10) An officer may signal or request a person driving a vehicle or machinery to stop, and the person shall immediately bring the vehicle or machinery to a stop and remained stopped as long as the officer considers necessary in order to inspect the vehicle or machinery, to ensure the safety of occupants, or to facilitate wildfire protection operations. Officer's power to close road 7(11) An officer may order that a highway or road be closed at any time in order to protect life or property or to facilitate wildfire protection operations. 7(12) [Repealed] S.M. 2023, c. 20, s. 7 . Officer's power to commandeer and use equipment 7(13) An officer may order any person who owns, operates or has control of equipment to release it to an officer for the purpose of wildfire protection operations. Officer's power to initiate fires 7(14) An officer may start a fire on any land for the purpose of (a) protecting life, land and property; (b) reducing fire hazards; (c) managing wildlife habitat; or (d) for any purpose that relates to management of Crown land. Officer's power to extinguish fires 7(15) An officer may order a person to extinguish a fire, cause a fire to be extinguished, or undertake wildfire protection operations at any time on any land in Manitoba. Officer's power to delegate 7(16) An officer may place a person who is not an officer in charge of a wildfire protection operation. Officer's power to appoint temporary fire guardian 7(17) An officer may appoint a person to act as a temporary fire guardian to assist in wildfire protection operations, subject to specified conditions or with limited powers as specified. S.M. 2023, c. 20, s. 7 . INSPECTIONS General inspection powers 7.1(1) An officer may, at any reasonable time and when reasonably required to administer this Act and the regulations or to determine compliance with them, (a) enter on or pass over any land or enter any premises and carry out an inspection if the officer reasonably believes relevant evidence or records are maintained there; (b) require any person to provide information or produce any record for examination, auditing or copying; (c) use or operate any equipment, in or on the land or premises, or require it to be used or operated, under specific conditions; (d) conduct any test, take any sample or make any other examination of the land or premises, a process occurring on the land or premises or of any matter found in or on the land or premises; (e) take photographs or videos or otherwise make a record of the land or premises or any thing in or on the land or premises; and (f) take any other steps the officer considers necessary. Obtaining assistance 7.1(2) An officer may be accompanied by one or more persons who may assist the officer in carrying out the inspection. Authority to enter private dwelling 7.1(3) An officer conducting an inspection must not enter a private dwelling except with the consent of the owner or occupant or under the authority of a warrant. Warrant to conduct inspection 7.1(4) A justice who is satisfied by information on oath that (a) an officer has been refused entry to any land or premises to carry out an inspection; or (b) there are reasonable grounds to believe that (i) an officer would be refused entry to any land or premises to carry out an inspection, or (ii) if an officer were to be refused entry to any land or premises to carry out an inspection, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection; may, at any time, issue a warrant authorizing an officer and any other person named in the warrant to enter the land or premises and carry out an inspection. Application without notice 7.1(5) A warrant under this section may be issued upon application without notice. S.M. 2023, c. 20, s. 8 . Assistance to be given 7.2(1) The owner or person in charge of the land or premises being inspected or having custody or control of the relevant records or things must (a) produce or make available to an officer any records and things that the officer requires for the inspection; (b) provide any assistance or additional information, including personal information, that an officer reasonably requires to perform the inspection; and (c) answer any questions related to the purpose of the inspection that are asked of them by an officer. Electronic records 7.2(2) In order to inspect records that may be accessed electronically on the land or at the premises being inspected, an officer may require the person in charge of the land or premises or having custody or control of the relevant records to produce the records in the form of a printout or to produce them in an electronically readable format. Officer may make copies 7.2(3) An officer may use equipment on the land or at the premises being inspected to make copies of relevant records and may remove the copies from the land or premises for further examination. Officer may remove records to make copies 7.2(4) If an officer is not able to make copies of records at the land or premises being inspected, the officer may remove them to make copies, but must give a receipt to the person from whom they were taken and return the originals as soon as practicable. Admissibility of copies 7.2(5) A copy of a record made under this section and certified to be a true copy by an officer is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record or document and its contents. S.M. 2023, c. 20, s. 8 . INVESTIGATIONS Entry for investigation of wildfire 7.3(1) For the purpose of conducting an investigation into the cause, origin and circumstances of a wildfire that affected land or premises, an officer may, with or without the consent of the owner or occupant and, without a warrant, enter on the affected land or premises. Entry onto adjacent premises 7.3(2) The officer who enters on land or premises under subsection (1) may, without a warrant, enter on adjacent land or premises if the entry is necessary to conduct the investigation of the fire. Closure of land or premises 7.3(3) An officer who enters land or premises under this section may close the land or premises and prevent entry by any other person for the length of time necessary to complete the investigation of the fire. S.M. 2023, c. 20, s. 9 . Warrant for entry 7.4(1) An officer who believes on reasonable grounds that (a) an offence against this Act or the regulations has occurred or is occurring; and (b) there exists on any land, premises, vehicle or machinery any matter that will afford evidence of the offence; may, with a warrant issued under subsection (2), enter the land, premises, vehicle or machinery to conduct an investigation and seize the matter. Authority to issue warrant 7.4(2) A justice who is satisfied by information on oath that there are reasonable grounds to believe that in any place referred to in subsection (1) there exists matter that will afford evidence of an offence may issue a warrant authorizing an officer and any other person named in the warrant to enter the place to conduct an investigation for the matter and seize it. Application without notice 7.4(3) A warrant under this section may be issued upon application without notice. Officer's power without warrant 7.4(4) Despite subsection (1), an officer may exercise the power of search and seizure without a warrant if the conditions for obtaining a warrant exist but it is not practicable in the circumstances to obtain one, in which case the matter seized must be brought before or reported to a justice who will deal with it according to law. Officer's power to detain 7.4(5) All matter seized under this section may be detained for a period of three months after the date of seizure unless proceedings under this Act are taken, in which case the matter may be further detained until the proceedings are concluded. S.M. 2023, c. 20, s. 9 . PART 4 DUTIES Duty to control fires 8 A person shall take all reasonable steps to prevent a fire from (a) burning out of control; or (b) spreading from land owned or occupied by that person. Duty of owner or occupant re wildfires 9 The owner, occupant or lessee of land, or person in charge of an industrial operation on any land on which a wildfire is burning shall (a) attempt to extinguish the wildfire; (b) comply with a direction or order of an officer; (c) at his or her own expense, place all equipment, services and labour in his or her control at the disposal of an officer for the purpose of wildfire protection operations; and (d) cease an ongoing industrial operation until advised by an officer that it is safe to resume it. Duty to report wildfires 10 A person who discovers a wildfire shall immediately ensure that the nearest officer is made aware of the wildfire, whether or not it is extinguished. Duty to supply information 11 On request by an officer, a person shall supply to the officer all information known to the person which may assist the officer in wildfire protection operations. PART 5 PROHIBITIONS General prohibitions 12(1) No person shall (a) start a fire that is likely to burn out of control, burns out of control, or endangers life, land or property; (b) obstruct an officer, a temporary fire guardian or a person in charge of a wildfire protection operation in the performance of his or her duties; (c) fail to follow the direction or order of an officer or person in charge of wildfire protection operations with respect to wildfire protection operations; (d) impede wildfire protection operations; or (e) impede investigations under this Act or the regulations. Prohibitions for fires used for agricultural purposes 12(2) No person shall cause a fire to be started in order to guard property, clear land, or burn debris, crops or stubble, unless the land on which the fire is started is completely surrounded by a strip of land not less than six metres wide, and (a) the strip is free of inflammable material; or (b) all inflammable material on the strip is covered by snow or water. Prohibitions re fires 12(3) No person shall on any land (a) start a fire (i) without taking sufficient precautions to ensure that the fire can be kept under control, or (ii) when weather conditions are conducive to a fire burning out of control; (b) fail to take reasonable steps to prevent a fire from spreading; (b.1) create or allow an accumulation of slash, debris or waste materials on land that is likely to cause a fire to start or spread; (c) place any burning or smouldering matter in a place where it may cause a fire that may spread; (d) conduct an activity that may cause a fire to spread; or (e) leave the place where he or she has caused a fire to be started without ensuring that the fire is out. Prohibition re destruction of fire fighting equipment 12(4) Unless permitted to do so by an officer, no person shall remove or interfere with equipment, a structure, sign or other thing intended to be used for wildfire protection operations. S.M. 2023, c. 20, s. 10 . Prohibition re certain work 12.1(1) Subject to subsection (2), a person must not carry on the following work within a burning permit area unless the person complies with the requirements prescribed by regulation: (a) an industrial operation; (b) construction of a dam, bridge or camp; (c) construction or operation of a mill that produces timber products; (d) an operation that is likely to cause the accumulation of slash or debris on land; (e) any other work prescribed by regulation. Exception 12.1(2) The minister may exempt types of work from subsection (1) by regulation. Work stoppage 12.1(3) If an officer finds a person carrying on work described in subsection (1) without complying with the requirements prescribed by regulation, the officer may order the person to cease work until those requirements have been met to the satisfaction of the officer. S.M. 2023, c. 20, s. 11 . PART 6 MUNICIPAL DUTIES AND RESPONSIBILITIES Municipal responsibility 13(1) Subject to subsection (2), section 15, or an agreement made under section 6, a municipality is responsible for wildfire protection operations within its boundaries. Municipality to obey officer 13(2) A municipality shall obey all orders of an officer regarding wildfire protection operations and investigations under this Act or the regulations within its boundaries. S.M. 2023, c. 20, s. 12 . Municipal fire guardians 14 Subject to the regulations, a municipality may appoint and remunerate fire guardians to carry out its wildfire protection responsibilities under this Act, the regulations or a municipal by-law, subject to specified conditions or with limited powers as specified. S.M. 2023, c. 20, s. 13 . Officer's power to override municipal wildfire protection operations 15 Where municipal wildfire protection operations are in the opinion of an officer not adequate, the officer may do whatever is necessary to control and extinguish a wildfire. Reimbursement for wildfire protection expenses 16 The Crown is not obliged to reimburse a municipality for costs and expenses incurred in wildfire protection operations, but it may reimburse a municipality for costs or expenses incurred in wildfire protection operations made necessary by a wildfire that started on unoccupied Crown land. Protection of municipalities 17(1) Subject to subsection (2), nothing in this Act imposes an obligation on a municipality to pay compensation for loss or damage as a result of wildfire protection operations. Liability for wildfire protection operations 17(2) A municipality is liable to the Crown for costs and expenses in an amount the minister considers reasonable if the costs and expenses were incurred in wildfire protection operations as a result of an officer exercising his or her powers under section 15, or as a result of the municipality's request for assistance. PART 7 BURNING PERMITS AND OUTDOOR FIRES Application 18(1) Subject to subsection (2), this Part does not apply to cities, towns, villages or national parks. Exception 18(2) This Part does apply to non urban areas of extended towns as described by regulation made under clause 38(1)⁠(a). S.M. 2023, c. 20, s. 14 . Requirement for burning permit 19(1) Subject to subsection (5), no person shall start an outdoor fire in a burning permit area during the wildfire season, except under the authority of a burning permit. Requirements for starting fire 19(1.1) A person who starts a fire in a burning permit area during the wildfire season must comply with the requirements prescribed by regulation. Use of maps to designate burning permit areas 19(2) Land may be designated by regulation as a burning permit area and is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation. Burning permits 19(3) An officer or a person designated by regulation may, in accordance with the regulations, (a) issue or refuse to issue a burning permit to an applicant; (b) issue a burning permit subject to conditions which bind the permittee; or (c) cancel or suspend a burning permit at any time. Duties of permittee 19(4) Every person who starts a fire under authority of a permit shall (a) keep the permit or a copy of it at the site of the fire; (b) show the permit to an officer on request; (c) keep the fire under control; (d) ensure that at the site of the fire there are sufficient responsible persons and equipment to extinguish it if necessary; and (e) extinguish all fires authorized by the permit on the cancellation, suspension or expiry of the permit. Use of fire in emergencies 19(5) In an emergency, a person may, without a burning permit, start an outdoor fire for the purpose of cooking, keeping warm, or signalling for help. S.M. 2023, c. 20, s. 15 . PART 8 TRAVEL PERMITS Area closure 20(1) In order to protect land, property or public safety during the wildfire season, the minister may order an area to be closed to entry or travel for a specified period of time, and must make reasonable efforts to publish notice of the closure on the department's website or in any other form the minister considers appropriate. Travel permit requirement 20(2) Subject to subsection (3), no person shall enter an area designated in an area closure order during the period specified in the order unless he or she has in his or her possession a travel permit issued under this section. Exceptions to area closure 20(3) Except where ordered by an officer, a travel permit is not needed (a) for travel by a resident of a closed area who is travelling through a closed area to and from his or her home by the most direct route; (b) for travel on a provincial trunk highway or on a provincial road, within the meaning of The Transportation Infrastructure Act ; or (c) by persons engaged in wildfire protection operations and investigations under this Act or the regulations on behalf of the department or a municipality. Travel permits 20(4) An officer or a person designated by regulation may, in accordance with the regulations, (a) issue or refuse to issue a travel permit to an applicant; (b) issue a travel permit subject to conditions which bind the permittee; or (c) cancel or suspend a travel permit at any time. S.M. 2000, c. 35, s. 86 ; S.M. 2018, c. 10, Sch. A, s. 60 ; S.M. 2023, c. 20, s. 16 . Restrictions on lakes during water bombing 21 When an aircraft conducting water bombing operations is operating on a lake, no person shall approach, obstruct or interfere with the aircraft. Wildfire emergency areas and evacuations 22 Subject to The Emergency Measures Act, where in the opinion of the minister a wildfire emergency exists, he or she may declare an area to be a wildfire emergency area and order that persons be evacuated from the area or protected in any other way. PART 9 23 to 25 [Repealed] S.M. 2023, c. 20, s. 17 . PART 10 RAILWAYS Transport Canada rules 26(1) The provisions of any order, rule or direction of Transport Canada respecting the prevention and control of fires applies to any railway in Manitoba. Railway responsibilities 26(2) Where a fire originates within 100 metres of the centre line of a railway track, the railway (a) is presumed to have caused the fire unless satisfactory proof to the contrary is provided to the department; (b) shall immediately (i) attempt to extinguish the fire, and (ii) report the fire to an officer; and (c) is liable for all costs and expenses of extinguishing the fire incurred by the Crown or a municipality that constitute a debt due to the Crown or municipality. Officer's powers re railway fires 26(3) A railway shall comply with all instructions given by an officer regarding wildfire protection operations or investigations under this Act or the regulations. Railway may obtain burning permit 26(4) Within a burning permit area during the wildfire season, a railway may not start a fire on its right-of-way except under the authority of a burning permit. Entry on adjoining lands 26(5) Employees of a railway may enter upon land adjoining the railway right-of-way for the purpose of extinguishing a fire. S.M. 2023, c. 20, s. 18 (as amended by S.M. 2025, c. 11, s. 47 ). PART 11 MACHINERY, EQUIPMENT AND INDUSTRIAL OPERATIONS Prohibitions re equipment 27(1) Within a burning permit area during the wildfire season, no person shall use or operate a machine, vehicle, boiler, smoke-stack, chimney, incinerator or other equipment without an effective means of preventing the escape of fire, sparks, or other emissions capable of resulting in fire. Officer's power re equipment 27(2) For the purpose of fire prevention, an officer may, at any reasonable time and where reasonably required to determine whether equipment constitutes a fire hazard (a) inspect equipment to determine whether it constitutes a fire hazard; and (b) order the owner or operator of the equipment to cease its operation if it poses a fire hazard. Prohibition against use 27(3) Unless the written approval of an officer is obtained, no person shall operate equipment which is the subject of an order under subsection (2). Fire control plans 28(1) At the request of an officer, a person carrying on or having charge of an industrial operation within a burning permit area shall submit a fire control plan to an officer for approval. Officer may suspend operation 28(2) An officer may suspend the operations of a person described in subsection (1) until an acceptable fire control plan has been submitted and approved. PART 12 GENERAL PROVISIONS Protection of the Crown 29 Nothing in this Act imposes an obligation on the Crown (a) to carry out wildfire protection operations on any land; or (b) to pay compensation for loss or damage incurred by any party as a result of wildfire protection operations. Civil rights 30 Nothing in this Act affects the right of a person to bring and maintain a civil action for damages occasioned by a wildfire. Cost recovery 31(1) Where the Crown or a municipality incurs costs, expenses, loss or damage as a result of (a) wildfire protection operations; (b) enforcing an officer's order which was not obeyed; or (c) fire loss; the Crown or the municipality is entitled to be reimbursed by the person who caused the Crown or the municipality to incur costs, expenses, loss or damage, and the amount of costs, expenses, loss or damage is a debt due and owing to the Crown or the municipality. Proof of expenses 31(2) In an action by the Crown or a municipality under subsection (1), a copy of an entry in a book or record kept by the Crown or the municipality, or a copy of an itemized statement of costs and expenses prepared by the Crown or the municipality and certified by the minister or the mayor or reeve of the municipality, shall be admitted in the absence of evidence to the contrary, as proof of the entry or statement and of the matters, transactions and accounts recorded in it. False statements 32 No person shall make a false statement to an officer or provide a false statement in an application, permit or other document required under this Act or the regulations, and a permit issued as a result of a false statement is not valid. Compensation for wildfire protection operation losses 33(1) Where an employee suffers loss or damage to personal property as a result of a wildfire while on duty in wildfire protection operations, the minister may compensate that person for the loss or damage. Compensation for use of privately owned equipment 33(2) The minister may compensate an owner of equipment for its use under subsection 7(13), or for damage to the equipment as a result of its use, in an amount that the minister considers reasonable. S.M. 2023, c. 20, s. 19 . Appeal to minister 34 A person may appeal to the minister from the following decisions of an officer, and the minister's decision is final: (a) the refusal to issue a permit; (b) the conditions of a permit; (c) the cancellation or suspension of a permit. PART 13 OFFENCES Offences 35(1) A person is guilty of an offence who (a) starts an outdoor fire in a burning permit area during a wildfire season except under the authority of a burning permit; (b) fails to comply with an instruction or order given by an officer; (c) fails to comply with a duty under Part 4; (d) does anything that is prohibited under Part 5; (e) starts a fire that burns out of control or leaves a fire in such a condition that it may burn out of control; (f) is a permittee, and fails to execute the duties of a permittee or comply with the conditions of a permit issued to him or her under this Act; (g) fails to attempt to extinguish an outdoor fire or fails to report it to an officer as required by section 10 or subsection 26(2); (h) travels in an area that is closed under subsection 20(1) except under the authority of a travel permit; (i) approaches, interferes or obstructs an aircraft conducting water bombing operations; (j) and (k) [repealed] S.M. 2023, c. 20, s. 20 ; (l) starts a fire on a railway right of way within a burning permit area during a wildfire season without obtaining a burning permit; (m) operates equipment described in subsection 27(1) without an effective means of preventing the escape of fire, sparks, or other emissions capable of resulting in fire; (n) continues to operate equipment which is the subject of an order under subsection 27(2); (o) carries on an industrial operation which has been suspended by an officer under subsection 28(2); or (p) contravenes or fails to comply with a provision of this Act or the regulations. Continuing offence 35(2) When a contravention of this Act or the regulations continues for more than one day, the person is guilty of a separate offence for each day the contravention continues. Persons guilty of offences 35(3) Every person is a party to, and guilty of an offence under this Act or the regulations who (a) actually commits it; (b) does or omits an act for the purpose of aiding any person to commit an offence; (c) abets any person in commission of the offence; or (d) counsels or procures any person to commit the offence. Penalties 35(4) A person who contravenes a provision of this Act or the regulations is guilty of an offence and is liable on conviction, (a) in the case of an individual, to a fine of not more than $100,000 or imprisonment for a term of not more than two years, or both; and (b) in the case of a corporation, to a fine of not more than $1,000,000. Liability of corporate directors or officers 35(4.1) If a corporation commits an offence under this Act or the regulations, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted. Restitution in addition to penalty 35(5) Where a person is convicted of an offence under this Act, the court may, in addition to imposing a fine or imprisonment, order the convicted person to reimburse the Crown or a municipality for costs incurred by the Crown or municipality in wildfire protection operations or investigations under this Act or the regulations that were undertaken as a result of the person's acts or omissions that resulted in the conviction. S.M. 2023, c. 20, s. 20 . Certificate of minister 36(1) In a prosecution under this Act or the regulations for which proof is required respecting (a) the issue or cancellation of a permit; (b) whether or not a person is the holder of or is entitled to hold a permit; (c) the appointment of an officer; or (d) the service of a document, order, or notice; a certificate signed by the minister is admissible in the absence of evidence to the contrary, as proof of the facts stated in the certificate and the authority of the minister without proof of the appointment or signature of the minister. Certificate respecting examination 36(2) In a proceeding under this Act or the regulations, a certificate signed (a) by a person in charge of a laboratory or meteorology station operated or maintained by the government of Manitoba or by the Royal Canadian Mounted Police; or (b) by a person designated by the minister to perform the examination; stating that the person has examined the matter and stating the results of the examination is admissible in evidence without proof of the signature, official character or qualifications of the person appearing to have signed the certificate and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate. Minister may designate expert 36(3) The minister may designate a person whom the minister considers qualified to conduct examinations for the purpose of subsection (2). Notice of certificate 36(4) A certificate under subsection (2) shall not be received in evidence unless the party intending to produce it has given to the accused reasonable notice of the intention together with a copy of the certificate. Service 36(5) A certificate under subsection (2) may be served on the accused by registered mail sent to the address given by the accused to the officer when the accused was charged. Same name 36(6) The fact that a person charged in an information laid under this Act has the same name as the person referred to in the certificate of the minister as being the holder of a permit, is in absence of evidence to the contrary, proof that the person so charged is the holder. Limitation period 36(7) An information for an offence under this Act or the regulations may be laid at any time within two years after the date on which the offence is alleged to have been committed; but an information for failure to make a report under this Act or the regulations or for making a false statement on any application or on a report may be laid at any time after the offence is alleged to have been committed. Description of offence 36(8) The description of an offence in the words of this Act, the regulations or in any similar words is sufficient for the purposes of an information laid for an offence under this Act or the regulations. Defect in form 36(9) A conviction or order made in any matter arising under this Act or the regulations, either originally or on appeal, shall not be quashed for any defect in form. PART 14 REGULATIONS Lieutenant Governor in Council regulations 37 The Lieutenant Governor in Council may make regulations (a) prescribing the fee payable for any permit issued under this Act; (b) prescribing fees payable for wildfire protection operation services provided by the Crown; (c) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act. Ministerial regulations 38(1) The minister may make regulations (a) designating any part of Manitoba as a burning permit area and prescribing conditions applicable to it; (b) respecting the issue and use of permits, including who may issue them and the submission of applications and the issuance of permits using the Internet; (c) respecting wildfire protection operations; (d) governing the accumulation and disposal of slash, debris and waste materials; (e) respecting rates of payment for equipment commandeered for wildfire protection operations; (f) respecting rates of payment for persons, equipment or services hired temporarily for wildfire protection operations; (f.1) prescribing or exempting types of work for the purposes of section 12.1; (f.2) respecting requirements to carry on work described in section 12.1, including fire fighting equipment and fire suppression measures; (g) respecting fire fighting equipment, fire suppression measures and any other requirements for timber, forest, mining, drilling or other industrial operations operating in or within one kilometre of a burning permit area; (h) respecting the manner of reducing fire hazards; (h.1) respecting containers or fire pits for fires; (i) respecting precautions to be taken to prevent and suppress fires in a burning permit area, including requirements for outdoor fires; (i.1) respecting area closures under subsection 20(1); (i.2) respecting notification requirements to carry on an activity in a burning permit area; (j) designating an activity or operation as an industrial operation; (k) defining, enlarging or restricting the meaning of any word used in this Act, but not defined in this Act; (l) designating employees who hold certain positions within the department or other persons or classes of persons as officers; (l.1) specifying any conditions or limitations on a class of officers or their powers; (l.2) prescribing anything referred to in this Act as being prescribed; (m) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act. Regulations may be general or particular 38(2) A regulation under subsection (1) may be general or particular in its application and may apply to one or more classes of persons or things and to the whole or any part of the province. S.M. 2023, c. 20, s. 21 . PART 15 MISCELLANEOUS PROVISIONS 39 to 45 NOTE: These sections contained consequential amendments to other Acts, which amendments are now included in those Acts. C.C.S.M. reference 46 This Act may be cited as The Wildfires Act and referred to as chapter W128 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 47 This Act comes into force on a day fixed by proclamation. NOTE: S.M. 1997, c. 36 came into force by proclamation on January 1, 1998.