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Canada — Quebec Act or statute

Canada — Quebec legislation

Fire Safety Act, 2000

This section says the Act aims to protect persons and property from fires, and it treats any explosion likely to cause a fire as a fire.

Source excerpt

appointment proceduresarbitrationassociationsauditsauthenticationbudget submissionclaims handlingcommercial enterprise restrictionscommitteescompensationcompliancecompliance noticescompliance reportingconciliationconditions of employmentconfidentialityconsultationcourse validationcourt costscourt procedurecourt proceedingscross-referencesdamage reportingdeadlinedeadline extensionsdocument disclosuredocument executiondocument filingdocument productioneducationeducation administrationeducation feeseducation servicesemergency measuresemergency planningemergency preparednessemergency remediesemergency responseemployee benefitsemployment disciplineequipment requisitionethicsfees and chargesfinancial assistancefinancial reportingfinancial statementsfinancial supportfinesfire hazard reportingfire hazardsfire incidentsfire investigationfire preventionfire protectionfire reportingfire response coordinationfire safetyfire safety operationsfire safety planningfire safety trainingfire service coordinationfire servicesfirefighter leavefirefightingforest accessforest fire protection planninggiftsgovernment administrationgovernment filinggovernment fundinggovernment ordersgovernment requestsgrant allocationgrantshazard reportinghearing conducthearing procedurehearing procedureshearing venueimplementationincident commandincident reportinginformation disclosureinformation requestsinquiriesinspectioninspection complianceinspection measuresinspection powersinstitutional agreementsintermunicipal assistanceintermunicipal disputesinternal managementinternational exchangesintervention costsinvestigation processinvestigation reportsinvestigationslegislative consolidationliabilityloansmanagement reportingministerial appointmentministerial approvalministerial information requestsministerial notificationministerial reviewministerial supportmunicipal cost recoverymunicipal fire safety personnel trainingmunicipal governancemunicipal noticemunicipal planningmunicipal powersmunicipal prosecutionnotice on cessationoffice-holdingoperational financingpermit amendmentspersonnel administrationpersonnel staffingplan amendmentplan establishmentplan maintenanceplanningpolice investigationpremises useproperty protectionproperty safetypublic access to transcriptspublic emergency responsepublic inquirypublic noticepublic safetypublic safety planningpublic sector dutiespublic service contractingpublication restrictionsrecord correctionrecordkeepingrecords custodyrecords transcriptionrecruitmentregulatory authorizationregulatory complianceregulatory conditions for functionsregulatory measuresregulatory publicationregulatory reportingremunerationreportingreporting compliancerescue operationsrisk assessmentrisk evaluationrisk managementschool administrationschool fiscal yearschool governanceseizure of documents and thingsservice chargesshare acquisitionsignaturessite inspectionstaffingstudent lodgingsubpoenassuretyshiptechnical supporttestingtraining agreementstraining validationtuitionwitness allowanceswitnessesworkplace reprisals
Jurisdiction
Canada — Quebec
Structure
201 provisions
Official identity
Year 2000
Dates
Enacted 2000 · Source version 10 Jun 2026
More statute details
Dates
Enacted 2000 · Source version 10 Jun 2026
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01

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“This section says the Act aims to protect persons and property from fires, and it treats any explosion likely to cause a fire as a fire.”

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    Enacted 2000 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 1

This section says the Act aims to protect persons and property from fires, and it treats any explosion likely to cause a fire as a fire.

Section 1

Section 48

An undertaking that provides fire safety services under a contract with a local or regional authority or intermunicipal board, and its firefighters, have the obligations, powers, rights, and immunity of a local municipality and its fire safety service for this…

Section 48

Section 98

Rules for seized things in the Code of Penal Procedure apply, with necessary modifications, to documents and things seized in an investigation after seizure.

Section 98

Section 148

The Minister, or someone the Minister designates, may inquire into matters under the Act and may share inquiry conclusions with the persons concerned.

Section 148

Schedule

Chapter 20 of the statutes of 2000 is repealed, except section 186.

Schedule

04

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2000 · Source version 10 Jun 2026

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Showing 201 of 201 provisions

Provision 157Amendment 26Offence 9Repeal 7
§ 1Section 1Provision

Source excerpt

This section says the Act aims to protect persons and property from fires, and it treats any explosion likely to cause a fire as a fire.

1. The object of this Act is the protection of persons and property against fires of any nature. This Act applies to forest fire protection only to the extent provided for in Chapter VI.1. For the purposes of this Act, any explosion likely to cause a fire shall be considered to be a fire. 2000, c. 20, s. 1; 2010, c. 3, s. 329; 2024, c. 18, s. 47.
Section 1Verify source
§ 2Section 2Provision

Source excerpt

2. This Act does not operate to limit the obligations imposed or powers granted by or under other Acts as regards fire safety. 2000, c. 20, s. 2; 2001, c. 76, s. 153.

2. This Act does not operate to limit the obligations imposed or powers granted by or under other Acts as regards fire safety. 2000, c. 20, s. 2; 2001, c. 76, s. 153.
Section 2Verify source
§ 3Section 3Provision

Source excerpt

This Act binds the Government, government departments, and bodies that are mandataries of the State.

3. This Act is binding on the Government, on government departments and on bodies that are mandataries of the State. 2000, c. 20, s. 3.
Section 3Verify source
§ 4Section 4Provision

Source excerpt

All persons have a duty to try to remove or reduce fire hazards with foresight and prudence.

4. It is the duty of all persons to seek to remove or reduce fire hazards by acting with foresight and prudence in that regard. 2000, c. 20, s. 4.
Section 4Verify source
§ 5Section 5Provision

Source excerpt

Certain persons must report high or particular fire hazards to the local municipality within three months, update the report if details become inaccurate, and notify the municipality when the activity stops or the property is disposed of.

5. Every person whose activities or property constitute a high or particular fire hazard, according to any regulation that may be made by the Government, is bound to report the hazard to the local municipality where the fire hazard is situated within three months of becoming subject to the regulation. The report shall set out, in addition to the particulars required by regulation, the hazard the activity or property constitutes, the location of the hazard, the measures taken to reduce the probability and consequences of a fire, and the private firefighting resources secured by the person or at the disposal of the person. In the case of significant changes making the particulars set out in the report inaccurate, the person making the report is bound to make the necessary corrections. The person is also bound, upon ceasing the activity or disposing of the property, to give the municipality having received the report a notice to that effect together with a statement describing the manner in which the property or the elements that constituted a fire hazard have been disposed of. The municipality receiving fire hazard reports, corrections and notices must, within 30 days of receipt, transmit copies to the regional authority whose territory includes the municipality and to the fire safety service serving the territory where the fire hazard is located. 2000, c. 20, s. 5; 2001, c. 76, s. 154.
Section 5Verify source
§ 6Section 6Provision

Source excerpt

An owner of property that threatens public safety because of fire hazards or fire damage must, after formal notice from the local municipality, take the measures needed to protect persons and property.

6. Where a particular property is a threat to public safety owing to the presence of fire hazards or to damage caused by a fire, the owner is bound, on receipt of a formal notice from the local municipality where the property is located, to take the measures necessary to ensure the protection of persons and property. If there is an emergency, if the owner fails to act within the time specified or if the owner is unknown, cannot be found or cannot be ascertained, the remedies provided for in sections 231, 232 and 233 of the Act respecting land use planning and development (chapter A‐19.1) apply, with the necessary modifications. 2000, c. 20, s. 6.
Section 6Verify source
§ 7Section 7Provision

Source excerpt

After a fire, insurers and claims adjusters whose services are required must report specified fire and damage information to the Minister by 31 March of the following year.

7. Insurers and claims adjusters whose services are required following a fire must, not later than 31 March of the year that follows the fire, report to the Minister the date, time and place of occurrence, the findings of the insurer and adjuster and any information they possess regarding the nature and assessment of the damage, the point of origin and probable causes of the fire and the characteristics of the damaged immovable or property. However, any information whose disclosure would be likely to affect judicial proceedings in which the insurer or claims adjuster has an interest may be reported only once the judgment in the case has become res judicata. 2000, c. 20, s. 7; 2001, c. 76, s. 155.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

Regional authorities must prepare a fire safety cover plan, and certain local municipalities must make agreements so their territory is covered by a plan.

8. The regional authorities, namely the regional county municipalities and the Kativik Regional Government must, in conjunction with the local municipalities that are part thereof and in compliance with the policies determined by the Minister, establish a fire safety cover plan determining fire protection objectives for their entire territory and the actions required to achieve those objectives. The cities of Gatineau, Laval, Lévis, Longueuil, Mirabel, Montréal and Québec and any other municipality that may be designated by the Minister, the Government or by law are considered to be regional authorities. Any other local municipality that is not part of a regional authority must — make an agreement with a regional authority or a local authority that is part of a regional authority, whereby the territory of the local municipality will be considered for the purposes of this division to be part of the territory of that regional or local authority, or — make an agreement with other municipalities that are also not part of a regional authority for the purpose of establishing a common fire safety cover plan. In the latter case, the agreement must designate one of the municipalities to act as a regional authority for the purposes of this division. 2000, c. 20, s. 8; 2001, c. 76, s. 156.
Section 8Verify source
§ 9Section 9Provision

Source excerpt

A regional authority may establish all or part of its fire safety cover plan jointly with other regional authorities.

9. All or part of the fire safety cover plan of a regional authority may be established jointly with other regional authorities so as to take into account the risks and resources within their territorial limits as well as the risks and resources within contiguous local municipalities. 2000, c. 20, s. 9.
Section 9Verify source
§ 10Section 10Provision

Source excerpt

The fire safety cover plan must include risk inventories, evaluations, classifications, resource and infrastructure inventories, an analysis of how the resources relate, objectives for each risk class or territory part, specified municipal or regional actions, and a procedure for periodic assessment.

10. The fire safety cover plan shall include, in addition to the fire hazard reports made under section 5, an inventory, evaluation and classification of the fire risks present in the territory concerned and specify their location. The fire safety cover plan shall also include an inventory and evaluation of existing or planned fire protection measures, the human, physical and financial resources allocated to fire safety by the local or regional authorities or by intermunicipal boards, and the infrastructures and water sources available for fire safety purposes. In addition, the fire safety cover plan shall include an analysis of the functional relations between those resources and an evaluation of the operational procedures in force. The fire safety cover plan shall determine, for each class of risk listed or each part of the territory defined, optimum fire protection objectives that can be achieved having regard to the measures and resources in place. The fire safety cover plan shall also specify the actions to be taken by the municipalities and, where applicable, the regional authority to achieve the determined objectives on incorporating their implementation plans. Lastly, the fire safety cover plan shall contain a procedure for the periodic assessment of the effectiveness of the actions taken and the degree to which the determined objectives have been attained. 2000, c. 20, s. 10.
Section 10Verify source
§ 11Section 11Provision

Source excerpt

A fire safety cover plan may include similar elements about disaster or accident risks that would use the same resources.

11. The fire safety cover plan may include similar elements with regard to disaster or accident risks likely to require the use of the same resources. However, those elements create obligations only to the extent determined by the local or regional authority concerned and only if expressly specified. 2000, c. 20, s. 11; 2001, c. 76, s. 157.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

The fire safety cover plan must be established according to the procedure in the following sections.

12. The fire safety cover plan must be established, in accordance with the procedure set out in the following sections. 2000, c. 20, s. 12; 2001, c. 76, s. 158.
Section 12Verify source
§ 13Section 13Provision

Source excerpt

Local municipalities must give the regional authority the information needed to prepare the fire safety cover plan, and they must also identify the means they can use to optimize resources for fire safety matters.

13. Local municipalities must provide the regional authority with the information necessary for the drawing up of the fire safety cover plan. Local municipalities must also indicate the means they can resort to to optimize their resources as regards fire safety matters. 2000, c. 20, s. 13.
Section 13Verify source
§ 14Section 14Provision

Source excerpt

The regional authority must propose protection objectives and strategies after listing and evaluating reported risks, means, measures, and resources.

14. After making a list and an evaluation of the risks, means, measures and resources reported, the regional authority shall propose the optimum protection objectives that may be achieved by the development of appropriate measures and the efficient management of all available resources. The objectives may pertain to prevention, personnel training, emergency preparedness and emergency response procedures. The regional authority shall also propose strategies for achieving those objectives, such as the adoption of minimum safety rules, the development of uniform operational procedures and the establishment or sharing of services. 2000, c. 20, s. 14.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

The municipalities must give the regional authority their opinion on its proposals, including the impact on their human, physical, and financial resources. After the exchanges are completed, the regional authority must set optimum protection objectives and the actions needed to achieve them.

15. The municipalities shall convey their opinion to the regional authority concerning its proposals, mentioning in particular the impact the implementation of the proposals would have on the organization of their human, physical and financial resources. Once the exchanges are completed, the regional authority shall determine optimum protection objectives for each class of risk or part of the territory it defines as well as the actions needed, on a regional or local scale or over part of the territory, to achieve the objectives. 2000, c. 20, s. 15; 2001, c. 76, s. 159.
Section 15Verify source
§ 16Section 16Provision

Source excerpt

The municipalities concerned, and the regional authority where applicable, must decide what specific actions to take and how to implement them, then set those actions and conditions out in an implementation plan.

16. Each municipality concerned and, where applicable, the regional authority shall then determine the specific actions they must take and the conditions for their implementation, specifying, in particular, the area of jurisdiction of the authority or the intermunicipal board in charge, the resources allocated to the measures envisaged, any necessary intermunicipal agreements, the actions that may be implemented immediately and, in other cases, the phases and schedule of implementation. Such specific actions may include the adoption of regulatory measures, the establishment of inspection measures and of procedures for the calling, mobilization and deployment of resources, or the planning of personnel training activities. Such actions and the conditions of implementation shall be set out in a plan adopted by the authority in charge of the implementation of the plan or, in the case of an intermunicipal board, in a joint plan adopted by the municipalities concerned. 2000, c. 20, s. 16; 2001, c. 76, s. 160.
Section 16Verify source
§ 17Section 17Provision

Source excerpt

The regional authority must verify implementation plans before incorporating them into the draft fire safety cover plan, and it must set a procedure for periodic assessment.

17. Before incorporating the implementation plans into the draft fire safety cover plan, the regional authority shall verify that they are in compliance with the objectives determined and the actions needed. The regional authority shall also determine a procedure for the periodic assessment of the actions taken and the degree to which the determined objectives have been achieved. 2000, c. 20, s. 17; 2001, c. 76, s. 161.
Section 17Verify source
§ 18Section 18Provision

Source excerpt

A draft fire safety cover plan must be submitted for public consultation at one or more public meetings held by the regional authority, and sent to contiguous regional authorities.

18. A draft fire safety cover plan shall then be submitted for consultation to the population of the territory of the regional authority at one or more public meetings held by the authority, and shall also be transmitted to contiguous regional authorities. 2000, c. 20, s. 18; 2001, c. 76, s. 162.
Section 18Verify source
§ 19Section 19Provision

Source excerpt

Changes may be made to the draft fire safety cover plan, and to implementation plans if applicable, to reflect consultation results.

19. Changes may be made to the draft of the fire safety cover plan and, if applicable, to the implementation plans, to reflect the results of consultations. 2000, c. 20, s. 19.
Section 19Verify source
§ 20Section 20Provision

Source excerpt

The draft fire safety cover plan must be submitted to the Minister, with required supporting documents, within two years of the regional authority becoming subject to the plan obligation.

20. The draft of the fire safety cover plan shall then be submitted to the Minister who shall verify that it is in compliance with ministerial policies determined under section 137. The draft plan must be submitted with (1) the opinion of each local municipality having taken part in its preparation; (2) a report on the consultations held, the results of the consultations, and the reasons for any disagreement; (3) a document setting out the approximate costs of the various measures proposed, the mode of financing of the measures, and, in the case of intermunicipal measures, the method of apportionment of the costs. The draft plan must be submitted within two years from the day on which the regional authority became subject to the obligation to establish a fire safety cover plan. Additional time may, however, be granted by the Minister following an application made not later than 120 days before the deadline. 2000, c. 20, s. 20; 2001, c. 76, s. 163.
Section 20Verify source
§ 21Section 21Provision

Source excerpt

The Minister must, within 120 days after receiving all documents, issue a certificate of compliance to the regional authority or propose amendments to fix any deficiency within the time the Minister indicates.

21. Within 120 days after receipt of all the documents, the Minister shall issue a certificate of compliance to the regional authority or propose any amendments the Minister considers necessary to remedy any deficiency within the time indicated by the Minister. 2000, c. 20, s. 21.
Section 21Verify source
§ 22Section 22Provision

Source excerpt

Amendments proposed by the Minister may be made by the regional authority, or by the authority concerned for amendments to an implementation plan, without consultation.

22. Any amendments proposed by the Minister may be made by the regional authority or, in the case of amendments to an implementation plan, by the authority concerned, and do not require consultation. 2000, c. 20, s. 22.
Section 22Verify source
§ 23Section 23Amendment

Source excerpt

23. Once the certificate of compliance has been issued, the fire safety cover plan is adopted without amendment. Only the council of the regional authority may adopt the fire safety cover plan. On pain of nullity, such adoption must be

23. Once the certificate of compliance has been issued, the fire safety cover plan is adopted without amendment. Only the council of the regional authority may adopt the fire safety cover plan. On pain of nullity, such adoption must be preceded by a notice calling a meeting of the council, accompanied with a copy of the draft fire safety cover plan. 2000, c. 20, s. 23; 2001, c. 76, s. 164.
Section 23Verify source
§ 24Section 24Provision

Source excerpt

The fire safety cover plan takes effect 90 days after the regional authority receives the Minister’s certificate of compliance, unless the regional authority sets an earlier date.

24. The fire safety cover plan adopted by the council of the regional authority comes into force on the 90th day after the regional authority receives the certificate of compliance issued by the Minister, or at an earlier date set by the regional authority. A notice specifying the date of coming into force of the fire safety cover plan must be disseminated by any means enabling the population concerned to be informed. If the notice is not disseminated before the date of coming into force of the fire safety cover plan, the regional authority and the municipalities that are part of it shall bear the legal costs of a liability suit to which section 47 applies and that is brought against them with respect to an event that occurred before the notice was disseminated, even if they are exempt from liability under that section. 2000, c. 20, s. 24; 2001, c. 76, s. 165; 2009, c. 26, s. 86; I.N. 2016-01-01 (NCCP); 2023, c. 20, s. 130.
Section 24Verify source
§ 25Section 25Provision

Source excerpt

The fire safety cover plan is binding on the regional authority and the local municipalities concerned, subject to section 11.

25. Once in force, the fire safety cover plan is binding on the regional authority and the local municipalities concerned, subject to section 11. 2000, c. 20, s. 25.
Section 25Verify source
§ 26Section 26Amendment

Source excerpt

After a fire safety cover plan comes into force, a certified copy and summary must be sent to each affected local municipality, contiguous regional authority, and the Minister; the same applies to later amendments.

26. As soon as practicable after the coming into force of the fire safety cover plan, a certified copy and a summary of the plan shall be transmitted to each local municipality concerned, to each contiguous regional authority and to the Minister. The same applies in the case of any subsequent amendment to the fire safety cover plan. 2000, c. 20, s. 26.
Section 26Verify source
§ 27Section 27Provision

Source excerpt

A local municipality must keep documents received in its office and make them available for consultation and reproduction, subject to applicable legislative provisions.

27. Every local municipality must, for the information of its citizens, keep all the documents transmitted in its office and make them available for consultation and reproduction, subject to the applicable legislative provisions. 2000, c. 20, s. 27; 2001, c. 76, s. 166.
Section 27Verify source
§ 28Section 28Repeal

Source excerpt

Section 28 is repealed.

28. (Repealed). 2000, c. 20, s. 28; 2023, c. 20, s. 131.
Section 28Verify source
§ 29Section 29Provision

Source excerpt

The regional authority must revise its fire safety cover plan within 8 years after it comes into force, using the same procedure as for establishing the plan, and the revised plan must take effect within 10 years after that date.

29. The regional authority must revise its fire safety cover plan, beginning not later than eight years after the date it came into force, according to the same procedure as the one prescribed for establishing the plan. The revised plan must come into force not later than 10 years after that date. The Minister or a person designated by the Minister shall notify the regional authority when it must begin the revision and shall specify the steps required to carry it out. 2000, c. 20, s. 29; 2023, c. 20, s. 132.
Section 29Verify source
§ 30Section 30Amendment

Source excerpt

The fire safety cover plan must be amended when needed to stay up to date, and it must also be amended to match new ministerial policies if it is out of compliance.

30. Once the fire safety cover plan is in force, it must, so as to remain up to date, be amended to reflect a change in territorial limits or an increase in risk levels, or for any other valid reason. The plan must also be amended to reflect new ministerial policies with which it is not in compliance. In such a case, the amendments necessary must be made within 24 months after transmission of the new policies. Any amendment to the plan to bring it into compliance with ministerial policies or to amend the protection objectives, reduce the measures or extend the deadlines set out in the plan must be made according to the same procedure as the one prescribed for establishing the plan, except an amendment referred to in the first paragraph, which can be made without any special formality provided the plan remains in compliance with ministerial policies, and the amendment referred to in section 30.1. 2000, c. 20, s. 30; 2001, c. 76, s. 167; 2023, c. 20, s. 132.
Section 30Verify source
§ 30.1Section 30.1Amendment

Source excerpt

The Minister may authorize an amendment to a fire safety cover plan to extend deadlines, if specified conditions are met.

30.1. As an exceptional measure, following a request with reasons from a regional authority, the Minister may authorize the amendment of a fire safety cover plan in force in order to extend one or more deadlines contained in the plan. The authorization may be granted if the amendment does not change any of the public protection objectives and if the regional authority has demonstrated that, for valid reasons, it and the local municipalities concerned are unable to meet the deadlines. If the Minister grants the request, an authorization is issued, which is added to the certificate of conformity. Without further formality or delay, the amendment to the plan is adopted by the council of the regional authority and comes into force on the date the authorization of the Minister is issued. 2006, c. 60, s. 105.
Section 30.1Verify source
§ 31Section 31Amendment

Source excerpt

31. The fire safety cover plan and any amendment made thereto and in respect of which the Minister has issued a certificate of compliance or an authorization are deemed to be in compliance with ministerial policies and the implementation

31. The fire safety cover plan and any amendment made thereto and in respect of which the Minister has issued a certificate of compliance or an authorization are deemed to be in compliance with ministerial policies and the implementation plans are deemed to be in compliance with the determined objectives of the fire safety cover plan, once they have been adopted in accordance with the procedure set out in this division. 2000, c. 20, s. 31; 2006, c. 60, s. 106.
Section 31Verify source
§ 31.1Section 31.1Amendment

Source excerpt

The Minister may order a regional authority to amend or revise its fire safety cover plan within a time the Minister تعیینates, if the Minister finds the plan must be amended or revised under the Act.

31.1. The Minister may order a regional authority to proceed with the amendment or revision of its fire safety cover plan within the time the Minister determines if the Minister finds that the plan must be amended or revised under this Act. 2023, c. 20, s. 133.
Section 31.1Verify source
§ 31.2Section 31.2Provision

Source excerpt

A municipality or intermunicipal board may submit a qualifying dispute to the Commission municipale du Québec for arbitration, but not if the Minister has already used certain listed powers.

31.2. If a municipality or an intermunicipal board finds that a disagreement with another municipality or another intermunicipal board prevents it from complying with the optimum protection objectives proposed or determined by the regional authority, it may submit the dispute to the Commission municipale du Québec for arbitration, unless the Minister of Municipal Affairs has already exercised the power provided for in either article 618 or 624.1 of the Municipal Code of Québec (chapter C-27.1) or section 468.49 or 469.2 of the Cities and Towns Act (chapter C-19). Likewise, a power provided for in any of those articles or sections may not be exercised by the Minister of Municipal Affairs if the dispute has been submitted to arbitration under this section. In addition, if the disagreement concerns the implementation of a signed intermunicipal agreement, the municipality or the intermunicipal board cannot apply for the conciliation provided for in article 622 of the Municipal Code of Québec or section 468.53 of the Cities and Towns Act. The Commission may, after hearing the regional authority concerned, the interested municipalities and, if applicable, the intermunicipal boards, render any decision it considers equitable so that the municipalities or intermunicipal boards referred to in the first paragraph comply with the proposed or determined optimum protection objectives. Without limiting the scope of the preceding paragraphs, such a decision may provide that the municipality or intermunicipal board concerned exercises its jurisdiction with respect to fire safety outside its territory, to the extent specified in the decision. In such a case, the municipality or intermunicipal board has all the powers required to comply with the decision. 2023, c. 20, s. 133.
Section 31.2Verify source
§ 32Section 32Provision

Source excerpt

Local municipalities must apply section 5 fire-hazard reporting rules in their territory, and municipal inspectors have inspection and information-gathering powers, plus a duty to show identification on request.

32. Every local municipality shall be responsible for the application, in its territory, of the provisions of section 5 concerning fire hazard reporting. In that respect, the inspectors of the municipality or of any authority to which the municipality delegates responsibility have the power to (1) enter, at any reasonable time, and inspect premises where the inspectors have reasonable grounds to believe that an activity or property that constitutes a reportable fire hazard is carried on or is situated; (2) take photographs of the premises; (2.1) require any person who is on the premises to provide reasonable assistance; (3) require any information or any explanation relating to the enforcement of the provisions of section 5 and the production of any relevant document; (4) test, or order the owner or occupant to test, any reported fire detector, alarm, extinguisher or emergency equipment to ascertain its effectiveness. An inspector must, on request, produce identification and proof of appointment. A municipality, an authority to which responsibility is delegated or an inspector cannot be prosecuted by reason of any act performed in good faith in the exercise of such functions. 2000, c. 20, s. 32; 2001, c. 76, s. 168.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

33. If a fire in the territory of a local municipality or the territory served by its fire safety service exceeds its emergency response capabilities and those of the resources secured by the municipality by way of an agreement pursuant to

33. If a fire in the territory of a local municipality or the territory served by its fire safety service exceeds its emergency response capabilities and those of the resources secured by the municipality by way of an agreement pursuant to the fire safety cover plan, the local municipality may, through its mayor or, if the mayor is absent or unable to act, through the acting mayor or two other members of the municipal council, or through any municipal officer designated for that purpose by by-law of the municipality, address a request to their counterparts for the intervention or assistance of the fire safety service of another municipality. The cost of the intervention or assistance shall be borne by the municipality having requested it, according to a reasonable tariff established by resolution of the assisting municipality, unless the municipalities concerned decide otherwise. However, such exceptional outside assistance shall not be taken into consideration in the preparation of the fire safety cover plan or implementation plan. This section applies, with the necessary modifications, to a regional authority or an intermunicipal board in charge of the application of emergency response procedures. 2000, c. 20, s. 33; 2001, c. 76, s. 169.
Section 33Verify source
§ 34Section 34Provision

Source excerpt

A local municipality must report specified fire details to the Minister by 31 March of the following year.

34. A local municipality in whose territory a fire has occurred must, not later than 31 March of the year that follows the fire, report to the Minister the date, time and place of occurrence, the nature and assessment of the damage and, if known, the point of origin, probable causes and immediate circumstances of the fire, including the characteristics of the damaged property and the sequence of events. However, any information whose disclosure would be likely to affect judicial proceedings in which the municipality or a member of the municipal council has an interest may be reported only once the judgment in the case has become res judicata. 2000, c. 20, s. 34; 2001, c. 76, s. 170.
Section 34Verify source
§ 35Section 35Provision

Source excerpt

Certain local authorities, intermunicipal boards, and the regional authority must prepare and transmit fire safety reports on a set schedule.

35. Every local authority and every intermunicipal board in charge of the implementation of measures provided for in a fire safety cover plan must adopt by resolution and transmit to the regional authority, within three months after the end of their fiscal year, a report on their fire safety activities for the preceding fiscal year as well as their fire safety projects for the coming year. The regional authority must also adopt such a report by resolution and transmit it to the Minister within three months after the end of the second fiscal year that follows the date of coming into force of the fire safety cover plan and, subsequently, every two years. The report must include a status report on the achievement of the determined optimum protection objectives and of the expected actions provided for in the plan. The regional authority may request from the local authority or the intermunicipal board concerned any information it considers necessary for the purposes of this section. The local authority or the intermunicipal board must provide the regional authority with the requested information within the time determined by the regional authority. 2000, c. 20, s. 35; 2023, c. 20, s. 134.
Section 35Verify source
§ 36Section 36Provision

Source excerpt

The fire safety service must handle firefighting and rescue operations in a fire, may also handle certain other emergency services with others, and must help assess risks, prevent incidents, support emergency procedures, and determine fire origin and causes.

36. The fire safety service established by a local or regional authority or by an intermunicipal board shall be in charge of firefighting and rescue operations in the event of a fire. It may also be in charge, together with the other services concerned, of emergency response in the case of other emergencies, assistance to accident victims, disaster assistance and emergency evacuation. In exercising its functions, the fire safety service shall also participate in the evaluation of fire, accident and disaster risks, the prevention of such events, emergency response procedures as well as in the determination of the point of origin, probable causes and circumstances of fires. 2000, c. 20, s. 36; 2001, c. 76, s. 171.
Section 36Verify source
§ 37Section 37Provision

Source excerpt

The fire safety service must be staffed by firefighters, and the fire chief must be a firefighter.

37. The fire safety service shall be staffed by full-time or part-time firefighters or by volunteer firefighters. The fire chief must be a firefighter. 2000, c. 20, s. 37.
Section 37Verify source
§ 38Section 38Provision

Source excerpt

38. Conditions governing the exercise of functions related to the areas of practice mentioned in section 53 in a fire safety service may be prescribed by regulation of the Government. Such conditions may be fixed according to classes of

38. Conditions governing the exercise of functions related to the areas of practice mentioned in section 53 in a fire safety service may be prescribed by regulation of the Government. Such conditions may be fixed according to classes of personnel. The regulation may include exemptions or provisional conditions for the personnel in office. Not in force Any training received to meet the conditions fixed by the Government must be validated by the École nationale des pompiers du Québec. 2000, c. 20, s. 38.
Section 38Verify source
§ 39Section 39Provision

Source excerpt

Fire response operations must be directed by the fire chief, or a designated firefighter when the chief is absent; in some multi-service or no-service situations, a different chief directs the operations, and before they arrive the first firefighter on scene directs.

39. Emergency response operations in the event of a fire shall be conducted under the authority of the fire chief or, if the fire chief is absent, of a firefighter designated by the fire chief. Where a fire requires the joint intervention of several fire safety services, all the emergency response operations shall be under the direction of the fire chief of the fire safety service serving the locality where the fire occurs, unless otherwise agreed. If there is no fire safety service in the municipality concerned, the operations shall be under the direction of the fire chief designated by the person having requested the intervention under section 33. However, until the fire chief or designated firefighter arrives at the scene of the fire, the first firefighter to arrive at the scene shall direct operations. 2000, c. 20, s. 39; 2001, c. 76, s. 172.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

Firefighters may enter affected or nearby premises during fire, disaster, or emergency response, and may take listed operational measures under the direction of the person in charge of operations.

40. Firefighters may, in the performance of their duties, enter any premises affected or threatened by fire, a disaster or any other emergency, and any adjacent premises, for the purpose of fighting the fire, responding to the emergency or providing assistance. Firefighters may also, in the performance of their duties and under the authority of the person directing operations, (1) use the necessary means to enter premises where there is serious threat to persons or property or adjacent premises for the purpose of removing or reducing the threat or providing assistance; (2) prohibit access to and interrupt or divert traffic in a protection zone or impose special rules in that zone; (3) order evacuation of the premises as a safety measure in a perilous situation where there are no other means of protection; (4) order the shutting off of an establishment’s energy supply or, where a simple procedure suffices, shut off the supply themselves to guarantee the safety of operations after ensuring that such an action will not put others at risk; (5) authorize the demolition of a structure to prevent the spread of fire or of the effects of a disaster; (6) order any other measure necessary to secure the premises; (7) accept or require, where the firefighting personnel available is insufficient, the assistance of any person capable of providing assistance; (8) accept or requisition the necessary private firefighting resources where the resources of the service are insufficient or not readily accessible in an emergency. 2000, c. 20, s. 40; 2001, c. 76, s. 173.
Section 40Verify source
§ 41Section 41Provision

Source excerpt

41. During an event referred to in section 40, common repute shall be sufficient proof of the appointment of a firefighter and of the firefighter’s right to act in that capacity. 2000, c. 20, s. 41; 2001, c. 76, s. 174.

41. During an event referred to in section 40, common repute shall be sufficient proof of the appointment of a firefighter and of the firefighter’s right to act in that capacity. 2000, c. 20, s. 41; 2001, c. 76, s. 174.
Section 41Verify source
§ 42Section 42Offence

Source excerpt

The authority must compensate a person and assume their representation or defence in certain emergency-related proceedings, subject to stated exceptions.

42. The authority responsible for a service that has expressly accepted, required or requisitioned a person’s assistance or property under subparagraph 7 or 8 of the second paragraph of section 40 is bound, within three months from the date a claim is filed with the authority by that person in the 12 months following the end of the event, to grant to the person compensation determined on the basis of the current rates for the hiring of that type of service or property as they stood immediately before the occurrence of the event. The authority responsible for the service must also assume the representation or defence of such a person in a coroner’s inquest or a fire investigation commissioner’s inquiry into the event during which the person intervened or in a proceeding concerning an act in the performance of the tasks entrusted to the person during the emergency and referred to a court, a tribunal or a body exercising adjudicative functions. The authority may, rather than assuming a person’s representation or defence, agree with the person on the reimbursement of reasonable costs incurred by the person or the person’s representative. However, the authority is dispensed from that obligation where (1) the person specifically consents thereto in writing; (2) the authority is the plaintiff in the proceeding; (3) the act in question amounts to a gross or intentional fault; or (4) the person is convicted of an offence or indictable offence and had no reasonable grounds to believe that his or her conduct was in conformity with the law. 2000, c. 20, s. 42; 2001, c. 76, s. 175.
Section 42Verify source
§ 43Section 43Provision

Source excerpt

The fire chief, or a qualified person designated by the fire chief, must determine the origin, probable causes, and immediate circumstances of every fire in the service area, subject to police service restrictions in section 45 cases.

43. Subject to any restrictions that may be imposed by a police service in the cases referred to in section 45, the fire chief or a qualified person designated by the fire chief for that purpose must, in respect of every fire having occurred in the territory served by the service, determine the point of origin, probable causes and immediate circumstances, including the characteristics of the fire-damaged immovable or property and the sequence of events. 2000, c. 20, s. 43; 2001, c. 76, s. 188.
Section 43Verify source
§ 44Section 44Provision

Source excerpt

44. For the purposes of section 43, the fire chief or the person designated by the fire chief may, during the 24 hours following the fire, (1) prohibit access to the scene of the fire to facilitate the search for or the preservation of any

44. For the purposes of section 43, the fire chief or the person designated by the fire chief may, during the 24 hours following the fire, (1) prohibit access to the scene of the fire to facilitate the search for or the preservation of any thing relevant for the purposes of his or her functions; (2) inspect the fire-damaged premises and examine or seize any document or thing found on the premises and which the fire chief believes may be of assistance in determining the point of origin, probable causes or immediate circumstances of the fire; (3) take photographs of the premises and of any thing; (4) make copies of any documents; (5) conduct or commission, on the premises, the expert appraisals considered necessary; (6) collect the accounts of witnesses. 2000, c. 20, s. 44; 2001, c. 76, s. 188.
Section 44Verify source
§ 45Section 45Offence

Source excerpt

The fire chief, or a person designated by the fire chief, must report certain fires to the police service having jurisdiction without delay and before starting any search.

45. The fire chief or the person designated by the fire chief shall, without delay and before beginning any search, report to the police service having jurisdiction in the territory, any fire (1) involving loss of life; (2) the probable cause of which is not obviously accidental or in respect of which there is reason to believe an indictable offence has been committed; (3) that is a particular case specified by the police service. 2000, c. 20, s. 45.
Section 45Verify source
§ 46Section 46Provision

Source excerpt

Rules for things seized in the Code of Penal Procedure apply, with necessary modifications, to documents and things seized under section 44 once they have been seized.

46. The provisions respecting things seized in the Code of Penal Procedure (chapter C‐25.1) apply, with the necessary modifications, to the documents and things seized under section 44, once they have been seized. 2000, c. 20, s. 46.
Section 46Verify source
§ 47Section 47Amendment

Source excerpt

Fire safety service members and certain assisting persons are exempt from liability for damage caused by their intervention, except for intentional or gross fault.

47. The members of a fire safety service and the persons whose assistance is expressly accepted or is required under subparagraph 7 of the second paragraph of section 40, are exempt from liability for any damage that may result from their intervention during a fire or during an emergency or disaster situation in respect of which mandatory emergency procedures are set out in the fire safety cover plan pursuant to section 11, unless the damage results from their intentional or gross fault. The exemption applies to the authority having established the service or having requested the person’s intervention or assistance, except if the authority has failed to adopt a plan for the implementation of the fire safety cover plan as required or if the measures or procedures provided for in the applicable implementation plan and relating to the acts in question were not implemented as established. The authority referred to in the second paragraph is not entitled to the above exemption if the fire safety cover plan of the regional authority has not been amended or revised as required under this Act. 2000, c. 20, s. 47; 2001, c. 76, s. 177; 2023, c. 20, s. 135.
Section 47Verify source
§ 48Section 48Provision

Source excerpt

An undertaking that provides fire safety services under a contract with a local or regional authority or intermunicipal board, and its firefighters, have the obligations, powers, rights, and immunity of a local municipality and its fire safety service for this division.

48. Any undertaking that provides fire safety services under a contract with a local or regional authority or intermunicipal board, and the firefighters in its employ, have, for the purposes of this division, the obligations, powers, rights and immunity of a local municipality and the members of its fire safety service under this division. 2000, c. 20, s. 48; 2001, c. 76, s. 178.
Section 48Verify source
§ 49Section 49Provision

Source excerpt

49. A firefighters school to be known as the École nationale des pompiers du Québec is hereby established. 2000, c. 20, s. 49.

49. A firefighters school to be known as the École nationale des pompiers du Québec is hereby established. 2000, c. 20, s. 49.
Section 49Verify source
§ 50Section 50Provision

Source excerpt

The school is a legal person and Government mandatary; when it acts in its own name, it binds only itself, and its obligations may be enforced against its property.

50. The school is a legal person and a mandatary of the Government. The school binds none but itself when it acts in its own name. The execution of the obligations of the school may be levied against its property even though its property forms part of the domain of the State. 2000, c. 20, s. 50.
Section 50Verify source
§ 51Section 51Provision

Source excerpt

The school’s head office must be located at a place determined by the Government, and notice of its location and any change in location must be published in the Gazette officielle du Québec.

51. The head office of the school shall be located at the place determined by the Government. Notice of the location of the head office and of any change in its location shall be published in the Gazette officielle du Québec. 2000, c. 20, s. 51.
Section 51Verify source
§ 52Section 52Provision

Source excerpt

52. The mission of the school is to ensure that firefighters and other municipal fire safety personnel in Québec receive pertinent, high-quality and coherent qualifying professional training. 2000, c. 20, s. 52.

52. The mission of the school is to ensure that firefighters and other municipal fire safety personnel in Québec receive pertinent, high-quality and coherent qualifying professional training. 2000, c. 20, s. 52.
Section 52Verify source
§ 53Section 53Provision

Source excerpt

This section defines qualifying professional training for municipal fire safety personnel and says it entitles them to exercise the activity in specified firefighting areas.

53. Qualifying professional training of municipal fire safety personnel means training that prepares individuals for a specific professional activity and entitles them to exercise the activity in the following areas of firefighting: (1) fire safety service management; (2) fire prevention; (3) emergency management; (4) emergency response; (5) determination of the point of origin, probable causes and circumstances of fires. 2000, c. 20, s. 53; 2001, c. 76, s. 179.
Section 53Verify source
§ 54Section 54Provision

Source excerpt

This section says qualifying professional training for municipal fire safety personnel includes basic and advanced professional training.

54. The qualifying professional training of municipal fire safety personnel consists of basic professional training and advanced professional training. Basic professional training enables individuals to acquire the skills and knowledge required in a given area of firefighting. Advanced professional training enables firefighters to upgrade their skills or to acquire a particular skill in any of the areas of firefighting. 2000, c. 20, s. 54.
Section 54Verify source
§ 55Section 55Provision

Source excerpt

The school may offer basic and certain advanced fire-safety training activities, but it cannot offer vocational or equivalent diploma/college programs without the required ministerial authorization and conditions.

55. The school may offer basic professional training activities. It may not, however, except with the authorization of and in compliance with the conditions determined by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, as the case may be, offer a vocational training program leading to a vocational studies diploma, a diploma of college studies or an attestation of college studies, or offer an equivalent program. The school may also offer, for the benefit of municipal personnel, advanced training activities and conduct training-oriented fire safety research. It may also, with the authorization of and in compliance with the conditions determined by the Minister of Public Security, offer similar activities to any person working in the field of fire safety or in a related field in the public or private sector. The school may participate in the development of fire safety study programs and training activities offered by educational institutions, fire safety services or other organizations. The school shall recognize the equivalence of diplomas and attestations of studies and approve the basic and advanced professional training activities that are offered by such educational institutions or organizations or by fire safety instructors and that meet its standards. It may also develop internship programs or examinations designed to measure the skills acquired outside the context of the school. 2000, c. 20, s. 55; 2005, c. 28, s. 195; 2013, c. 28, s. 184.
Section 55Verify source
§ 56Section 56Provision

Source excerpt

The school may make agreements to mandate certain organizations to develop or teach its training courses or study programs, and each such agreement must set out any applicable validation standards.

56. The school may, by agreement, give a mandate to educational institutions or fire safety services or other organizations offering fire safety training, to develop or teach the school’s training courses or study programs. Every such agreement must set out the validation standards, if any, applicable to the courses and programs concerned. The school may also enter into any agreement it considers relevant to the pursuit of its mission with researchers, experts, fire safety services and educational or research institutions. 2000, c. 20, s. 56.
Section 56Verify source
§ 57Section 57Provision

Source excerpt

The school must advise fire safety services and related associations on professional training matters, encourage cooperation among training institutions, keep the Minister informed, and carry out or commission research or studies related to municipal fire safety personnel training.

57. The school shall advise fire safety services, the associations representing their members and the associations representing other members of municipal fire safety personnel in professional training matters. The school shall encourage cooperation among the various institutions offering training for municipal fire safety personnel and shall keep the Minister informed in that regard. The school shall conduct or commission research or studies in areas related to the work of municipal fire safety personnel and that may have an impact on their training; the results shall be published and disseminated by the school, in particular among fire safety services providers. 2000, c. 20, s. 57.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

The school must foster and plan exchanges of expertise outside Québec, especially by encouraging Québec specialists in international fire-safety training missions, and it may enter agreements with governments, agencies, or international organizations subject to applicable legislative provisions.

58. The school shall foster, facilitate and plan exchanges of expertise with persons or bodies outside Québec and, in particular, encourage participation by Québec specialists in international exchange missions on fire safety training. The school may, subject to the applicable legislative provisions, enter into an agreement with a government in Canada or abroad, a department or agency of such a government, an international organization or an agency of an international organization. 2000, c. 20, s. 58.
Section 58Verify source
§ 59Section 59Provision

Source excerpt

The Minister may give the school mandates within its mission and may issue guidelines on the school’s objectives and policies.

59. The Minister may give to the school any mandate within the scope of the school’s mission. The Minister may also issue guidelines concerning the objectives and policies of the school. The guidelines must be approved by the Government after consultation with the board of directors. The guidelines come into force on the day of approval and shall be tabled in the National Assembly within 15 days of being approved or, if the Assembly is not in session, within 15 days of resumption. 2000, c. 20, s. 59; 2022, c. 19, s. 433.
Section 59Verify source
§ 60Section 60Provision

Source excerpt

The school must make by-laws setting standards for training, admissions, teaching, internships, examinations, study certificates, and equivalence, submit those by-laws to the Minister for approval, and keep registers as its by-laws require.

60. The school shall establish, by by-law, standards relating to its professional training activities, the approval of training activities developed outside the context of the school, admission requirements, teaching requirements, internship programs, examinations and the certificates and attestations of studies awarded by the school and shall establish standards of equivalence. The by-laws must be submitted to the Minister for approval. The school shall keep registers in the manner determined in its by-laws. 2000, c. 20, s. 60.
Section 60Verify source
§ 61Section 61Provision

Source excerpt

The school may provide lodging services to its students.

61. The school may provide lodging services to its students. 2000, c. 20, s. 61.
Section 61Verify source
§ 62Section 62Provision

Source excerpt

The school’s board of directors must have 13 members appointed by the Government, including the chair and the director general.

62. The board of directors of the school shall be composed of 13 members appointed by the Government, including the chair of the board and the director general of the school. 2000, c. 20, s. 62; 2005, c. 28, s. 195; 2013, c. 28, s. 185; 2022, c. 19, s. 292.
Section 62Verify source
§ 63Section 63Repeal

Source excerpt

Section 63 is repealed.

63. (Repealed). 2000, c. 20, s. 63; 2022, c. 19, s. 293.
Section 63Verify source
§ 64Section 64Repeal

Source excerpt

Section 64 is repealed.

64. (Repealed). 2000, c. 20, s. 64; 2022, c. 19, s. 293.
Section 64Verify source
§ 65Section 65Repeal

Source excerpt

Section 65 is repealed.

65. (Repealed). 2000, c. 20, s. 65; 2022, c. 19, s. 293.
Section 65Verify source
§ 66Section 66Provision

Source excerpt

The board of directors must meet at least once every three months.

66. The board of directors shall meet at least once every three months. The quorum of the board is eight members, including the chair. The board may, however, proceed with the business of the meeting even if the quorum is not attained because certain members have left the meeting temporarily owing to a conflict of interest. 2000, c. 20, s. 66; 2022, c. 19, s. 294 et 433.
Section 66Verify source
§ 67Section 67Provision

Source excerpt

The Government must appoint assistant director generals when required, for terms of up to five years, and must set the director general’s and assistant director generals’ pay, benefits, and other employment conditions.

67. The Government shall appoint, where required, assistant director generals for terms not exceeding five years. At the end of their terms, the director general and assistant director generals shall remain in office until replaced or reappointed. The Government shall fix the remuneration, employee benefits and other conditions of employment of the director general and assistant director generals. 2000, c. 20, s. 67; 2022, c. 19, s. 295.
Section 67Verify source
§ 68Section 68Provision

Source excerpt

The school must set staffing, appointment criteria and procedures, and related pay and employment conditions by by-law.

68. The staffing plan as well as the selection criteria and procedure of appointment of the members of the school’s personnel shall be determined in a by-law made by the school. Subject to the provisions of any collective agreement, the standards and scales of remuneration, employee benefits and other conditions of employment of the members of the personnel shall also be determined in the by-law in accordance with the conditions defined by the Government. 2000, c. 20, s. 68.
Section 68Verify source
§ 69Section 69Provision

Source excerpt

A school staff member must not hold another job or an interest that could conflict with the school’s interests; if the interest comes by succession or gift, it must be renounced or disposed of promptly.

69. No member of the personnel of the school may, on pain of dismissal, hold another employment or a direct or indirect interest in an enterprise or body which may cause the member’s personal interest to conflict with that of the school. Where the interest devolves by succession or gift, it must be renounced or disposed of with dispatch. 2000, c. 20, s. 69.
Section 69Verify source
§ 70Section 70Provision

Source excerpt

A school is bound by or may be attributed a document only if it is signed by specified officers or authorized personnel, and the board may authorize alternative signature methods by published resolution.

70. No instrument, document or writing binds the school or may be attributed to it unless it is signed by the chair of the board of directors, the director general or a member of the personnel authorized by a resolution of the board published in the Gazette officielle du Québec. The board may, also by a resolution published in the Gazette officielle du Québec, subject to the conditions and on the documents it determines, allow a signature to be affixed by automatic or electronic means, or allow a signature to be engraved, lithographed or printed. However, the facsimile has the value of the signature only if the document is countersigned by a person referred to in the first paragraph. A document or copy of a document emanating from the school is authentic if it is signed or certified true by a person referred to in the first paragraph. 2000, c. 20, s. 70; 2022, c. 19, s. 433.
Section 70Verify source
§ 71Section 71Provision

Source excerpt

The school may make by-laws for its internal management.

71. The school may make by-laws for its internal management, in particular, by-laws (1) to establish an administrative committee or any other standing or temporary committee and determine its functions and powers and the term of office of its members; (1.1) to determine the functions and powers of the chair and the director general, other than those provided for in the Act respecting the governance of state-owned enterprises (chapter G-1.02); (2) to determine the functions and powers of the assistant director generals and the other members of the school’s personnel. 2000, c. 20, s. 71; 2022, c. 19, s. 296.
Section 71Verify source
§ 72Section 72Provision

Source excerpt

The school may not do certain property, financing, or borrowing acts unless the Government authorizes it.

72. The school may not, except with the authorization of the Government, (1) construct, acquire, alienate or lease or hypothecate any immovable; (2) make a financial commitment for a term or amount exceeding that determined by the Government; (3) contract a loan that increases its total outstanding borrowings to more than the amount determined by the Government. 2000, c. 20, s. 72.
Section 72Verify source
§ 73Section 73Provision

Source excerpt

The Government may, under terms and conditions it sets, guarantee school loans or other school obligations and may authorize the Minister of Finance to advance money to the school for its mission.

73. The Government may, subject to the terms and conditions it determines, (1) guarantee the payment of the principal of and interest on any loan contracted by the school; (2) guarantee the performance of any other obligation of the school; (3) authorize the Minister of Finance to advance to the school any amount considered necessary for the pursuit of its mission. Any sums paid by the Government as a consequence of such guarantee or as an advance to the school shall be taken out of the Consolidated Revenue Fund. 2000, c. 20, s. 73.
Section 73Verify source
§ 74Section 74Provision

Source excerpt

If the school acquires an immovable forming part of the domain of the State, the Act respecting duties on transfers of immovables does not apply.

74. Where the school acquires an immovable that forms part of the domain of the State, the Act respecting duties on transfers of immovables (chapter D‐15.1) does not apply. 2000, c. 20, s. 74.
Section 74Verify source
§ 75Section 75Provision

Source excerpt

The school must not operate a commercial enterprise, acquire shares issued by an enterprise, or grant loans, gifts, grants, or surety.

75. The school may not operate a commercial enterprise or acquire shares issued by an enterprise. The school may not grant loans, make gifts, give grants or act as surety. 2000, c. 20, s. 75.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

The school may charge tuition fees under conditions it sets by by-law, and may charge fees for other services if the Minister authorizes it.

76. The school may charge tuition fees on the conditions it fixes by by-law. The school may also, with the authorization of the Minister, impose charges or fees for its other services. 2000, c. 20, s. 76.
Section 76Verify source
§ 77Section 77Provision

Source excerpt

A school’s fiscal year ends on 30 June.

77. The fiscal year of the school ends on 30 June. 2000, c. 20, s. 77.
Section 77Verify source
§ 78Section 78Provision

Source excerpt

The school’s books and accounts must be audited by the Auditor General each year and whenever the Government orders it.

78. The books and accounts of the school shall be audited by the Auditor General each year and whenever so ordered by the Government. The auditor’s report must be submitted with the financial statements of the school. 2000, c. 20, s. 78.
Section 78Verify source
§ 79Section 79Provision

Source excerpt

The school must send its financial statements and annual management report to the Minister within four months after fiscal year-end, and the Minister must table them in the National Assembly within 30 days of receipt (or 30 days after resumption if the Assembly is not in session).

79. Within four months after the end of its fiscal year, the school shall forward to the Minister its financial statements and an annual management report for the preceding fiscal year. The Minister shall request and, where appropriate, cause to be included in the annual management report any information the Minister considers to be relevant. The Minister shall table the financial statements and the annual management report in the National Assembly within 30 days of receiving them or, if the Assembly is not in session, within 30 days of resumption. 2000, c. 20, s. 79; 2022, c. 19, s. 431.
Section 79Verify source
§ 80Section 80Repeal

Source excerpt

Section 80 is repealed.

80. (Repealed). 2000, c. 20, s. 80; 2020, c. 5, s. 142.
Section 80Verify source
§ 81Section 81Provision

Source excerpt

The fire investigation commissioner must investigate a fire, and if Division V conditions exist, then hold an inquiry; the commissioner must not draw conclusions about civil or criminal liability.

81. It is the function of the fire investigation commissioner, subject to the power vested in the coroner by section 82, to determine the point of origin, probable causes and circumstances of a fire and to examine any causes and circumstances having a connection with other fires and, where appropriate, to make any recommendation aimed at ensuring better protection of persons and property against fires. The fire investigation commissioner shall first conduct an investigation in accordance with Division IV of this chapter and, if the conditions described in Division V exist, the commissioner shall then hold an inquiry. In no case may the fire investigation commissioner draw any conclusion as to civil or criminal liability. 2000, c. 20, s. 81.
Section 81Verify source
§ 82Section 82Provision

Source excerpt

If a fire causes a death, the coroner must determine the fire’s origin, probable causes, and circumstances under the Coroners Act procedure.

82. Where a fire involves loss of life, the coroner shall exercise, in addition to the responsibilities entrusted to the coroner under the Coroners Act (chapter C-68.01), the responsibility for determining the point of origin, probable causes and circumstances of the fire according to the procedure determined in that Act. Once the causes and circumstances have been established, the fire investigation commissioner may examine them if they have any connection with other fires. 2000, c. 20, s. 82; 2020, c. 20, s. 44.
Section 82Verify source
§ 83Section 83Provision

Source excerpt

The fire investigation commissioner, and anyone acting under the commissioner’s authority, cannot be prosecuted for acts done in good faith while exercising their functions.

83. The fire investigation commissioner and any person acting under the commissioner’s authority may not be prosecuted by reason of any act performed in good faith in the exercise of their functions. 2000, c. 20, s. 83.
Section 83Verify source
§ 84Section 84Provision

Source excerpt

Judicial review and injunctions are generally not available against the fire investigation commissioner acting officially, or anyone acting under the commissioner’s authority, except on a question of jurisdiction.

84. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised and no injunction may be granted against the fire investigation commissioner acting in an official capacity or against any person acting under the commissioner’s authority. A judge of the Court of Appeal may, on an application, summarily annul any proceeding brought or decision rendered contrary to the first paragraph. 2000, c. 20, s. 84; I.N. 2016-01-01 (NCCP).
Section 84Verify source
§ 85Section 85Substitution

Source excerpt

The Government must appoint fire investigation commissioners, and substitute commissioners if needed, on the Minister’s recommendation.

85. Upon the recommendation of the Minister, the Government shall appoint fire investigation commissioners and, if needed, substitute fire investigation commissioners. The instrument of appointment of a fire investigation commissioner may determine a territory to which the commissioner is assigned. 2000, c. 20, s. 85.
Section 85Verify source
§ 86Section 86Provision

Source excerpt

In exceptional cases, the Minister may appoint a fire investigation commissioner to investigate a particular fire or a series of similar fires.

86. In exceptional cases, the Minister may appoint a fire investigation commissioner to investigate a particular fire or a series of similar fires. 2000, c. 20, s. 86.
Section 86Verify source
§ 87Section 87Substitution

Source excerpt

Fire investigation commissioners appointed by the Government cannot have terms longer than five years.

87. The term of fire investigation commissioners appointed by the Government shall not exceed five years. Notwithstanding the expiry of their term, fire investigation commissioners other than substitute fire investigation commissioners shall remain in office until replaced or reappointed. 2000, c. 20, s. 87.
Section 87Verify source
§ 88Section 88Provision

Source excerpt

The Government determines the pay, benefits, and other employment conditions of fire investigation commissioners.

88. The remuneration, employee benefits and other conditions of employment of fire investigation commissioners shall be determined by the Government. The necessary sums shall be paid out of the appropriations granted each year to the Minister by the National Assembly, subject to the exceptions under the Charter of Ville de Montréal, metropolis of Québec (chapter C-11.4) or under the Charter of Ville de Québec, national capital of Québec (chapter C-11.5) for the cities of Québec and Montréal with regard to the fire investigation commissioners appointed for their territory. 2000, c. 20, s. 88; 2001, c. 76, s. 180; 2023, c. 12, s. 127.
Section 88Verify source
§ 89Section 89Provision

Source excerpt

The Minister of Public Security must provide fire investigation commissioners with necessary personnel and physical resources, and must keep custody of their records.

89. In addition to the persons and resources assigned to fire investigation commissioners by municipalities, the Minister of Public Security shall place at the disposal of the fire investigation commissioners the personnel and physical resources necessary for the purposes of this chapter. In addition, the Minister shall have custody of the records of fire investigation commissioners, which shall consist of the original copies of their investigation or inquiry reports and appended documents. 2000, c. 20, s. 89.
Section 89Verify source
§ 90Section 90Provision

Source excerpt

Fire investigation commissioners must take an oath before taking office, and the oath includes impartial performance and a ban on improper payment or consideration.

90. Before taking office, fire investigation commissioners shall take the following oath before a judge or any person authorized to receive oaths under section 219 of the Courts of Justice Act (chapter T‐16): “I declare under oath that I will faithfully, truly and impartially discharge the duties of my office of fire investigation commissioner and that I will not accept any sum of money or other consideration for what I may do in discharging the duties of my office apart from what is allowed to me by law. ”. The writing evidencing the oath shall be transmitted to the Minister. 2000, c. 20, s. 90.
Section 90Verify source
§ 91Section 91Provision

Source excerpt

Every fire investigation commissioner must send the Minister a yearly activities report by 31 March; the Minister must table it in the National Assembly within 30 days of receiving it.

91. Not later than 31 March, every fire investigation commissioner shall transmit to the Minister a report of activities for the preceding calendar year. The report may include the recommendations or a summary of the recommendations made following investigations. The Minister shall table the report in the National Assembly within 30 days of receiving it or, if the Assembly is not in session, within 30 days of resumption. 2000, c. 20, s. 91.
Section 91Verify source
§ 92Section 92Provision

Source excerpt

The fire chief, or the local municipal clerk/treasurer if there was no intervention, must notify the fire investigation commissioner as soon as practicable in specified uncertain-fire situations.

92. The fire chief of the fire safety service that directed the emergency response operations or, if there was no intervention, the clerk-treasurer or clerk of the local municipality in whose territory the fire occurred shall notify the competent fire investigation commissioner as soon as practicable (1) if the point of origin and the probable causes of the fire have not been determined; (2) if the circumstances of the fire are unclear; or (3) if a connection seems to exist between the probable causes or the circumstances of the fire and other fires. Moreover, if an investigation was conducted under section 43, the fire chief must send to the fire investigation commissioner a copy of the investigation report and, if applicable, of the minutes of a seizure under section 44. Where a fire involves loss of life, the notice and documents must be transmitted to the coroner. 2000, c. 20, s. 92; 2021, c. 31, s. 132.
Section 92Verify source
§ 93Section 93Provision

Source excerpt

93. The fire investigation commissioner shall, on his or her initiative or on the Minister’s request, conduct an investigation to determine the point of origin, probable causes and circumstances of any fire in the commissioner’s area of

93. The fire investigation commissioner shall, on his or her initiative or on the Minister’s request, conduct an investigation to determine the point of origin, probable causes and circumstances of any fire in the commissioner’s area of jurisdiction or to examine the causes or circumstances of the fire if there is any connection with other fires. 2000, c. 20, s. 93.
Section 93Verify source
§ 94Section 94Provision

Source excerpt

After a search connected to an investigated fire, a firefighter or peace officer must, on request and with due diligence, give the commissioner the report and related seizure materials, unless the seized things are being detained for a judicial proceeding. The fire investigation commissioner may also require a firefighter or peace officer to conduct or continue a search.

94. A firefighter or peace officer having conducted a search in connection with a fire that is being investigated by the fire investigation commissioner shall, upon request and with due diligence, deliver to the commissioner a copy of the report and, if applicable, of the minutes of a seizure under section 44, as well as the things seized if they are not being detained for the purposes of a judicial proceeding. The fire investigation commissioner may require a firefighter or a peace officer to conduct or pursue a search in connection with a fire being investigated by the commissioner. 2000, c. 20, s. 94.
Section 94Verify source
§ 95Section 95Provision

Source excerpt

Certain fire investigators may stop access to a fire scene and carry out searches, inspections, seizures, copying, photography, expert appraisals, and witness interviews for investigative purposes, but entry for inspection/search generally needs prior justice of the peace authorization unless narrow exceptions apply.

95. The fire investigation commissioner or any firefighter, peace officer or other person specially designated in writing by the commissioner for a specified period may, to determine the point of origin, probable causes and circumstances of a fire or to establish any connection with other fires, (1) prohibit access to the scene of the fire, for the time needed for the investigation, to facilitate the search for or the preservation of any thing that may be useful to the investigation; (2) inspect the scene of the fire and any other premises if there is reasonable cause to believe an inspection may be useful to the investigation, and examine or seize documents or things on the premises that, in the person’s opinion, may be of assistance in determining the point of origin, probable causes or circumstances of the fire or establishing any connection with other fires; (3) enter any premises to search for and seize any document or thing that may be useful to the investigation if there is reasonable cause to believe the document or thing can be found on those premises; (4) take photographs of the premises and of any thing; (5) make copies of documents; (6) conduct or order such expert appraisals as are considered necessary; and (7) collect the accounts of witnesses. However, premises may not be entered for inspection purposes or for the purpose of searching for, examining or seizing any things without the prior authorization of a justice of the peace. Prior authorization may be granted, subject to the conditions specified, if the justice of the peace is satisfied on the basis of an affidavit of the fire investigation commissioner or the person designated by the latter that the point of origin, probable causes or circumstances have not been determined or that connections with other fires have not been established and that there is reason to believe that inspecting the premises and searching for, examining or seizing any things found on the premises may prove relevant to the investigation. The authorization, whether acted upon or not, shall be returned to the justice of the peace who granted it not later than 15 days after its issue. However, no authorization is required for access to the fire-damaged premises within 24 hours after a fire or where the conditions for obtaining the authorization exist and, owing to the urgency of the situation, the time required to obtain an authorization may seriously endanger human health or safety or the safety of property, or result in the disappearance, destruction or loss of anything that may be useful to the commissioner’s investigation. 2000, c. 20, s. 95; 2001, c. 76, s. 188; I.N. 2016-01-01 (NCCP).
Section 95Verify source
§ 96Section 96Provision

Source excerpt

Inspections of occupied premises must be conducted at a reasonable hour, unless immediate action is needed to collect or preserve useful evidence for the investigation.

96. Subject to the conditions determined by the justice of the peace, the inspection of occupied premises shall be conducted at a reasonable hour except where it is necessary to proceed without delay in order to collect or preserve any thing that may be useful to the investigation. Subject to the same conditions, the fire investigation commissioner shall determine the time and place, other than the fire-damaged premises, within which powers delegated under section 95 may be exercised by the person designated by the fire investigation commissioner and the documents and things the investigation commissioner wishes to investigate. 2000, c. 20, s. 96; 2001, c. 76, s. 188.
Section 96Verify source
§ 97Section 97Provision

Source excerpt

If a fire investigation commissioner, or that person’s designee, enters premises, they must produce identification and proof of appointment when requested.

97. A fire investigation commissioner or the person designated by the latter who enters premises must, if so requested, produce identification and proof of appointment. 2000, c. 20, s. 97.
Section 97Verify source
§ 98Section 98Provision

Source excerpt

Rules for seized things in the Code of Penal Procedure apply, with necessary modifications, to documents and things seized in an investigation after seizure.

98. The provisions respecting things seized in the Code of Penal Procedure (chapter C‐25.1) apply, with the necessary modifications, to the documents and things seized in an investigation, once they have been seized. 2000, c. 20, s. 98.
Section 98Verify source
§ 99Section 99Provision

Source excerpt

The fire investigation commissioner must prepare the investigation report after an investigation and send a certified copy to the Minister and the person who gave the notice of fire.

99. On completing an investigation, the fire investigation commissioner shall, with due diligence, draft the investigation report and send a certified copy to the Minister and to the person who sent the notice of fire. The report shall contain (1) the date and place where the fire occurred; (2) all relevant information concerning the point of origin, probable causes and circumstances of the fire and any information relating to any connection with other fires; (3) where appropriate, recommendations aimed at ensuring better protection of persons and property against fires; (4) the opinion of the fire investigation commissioner concerning the expediency of holding an inquiry. If the fire investigation commissioner does not intend to hold an inquiry, he or she must append the documents mentioned in subparagraph 1 of the first paragraph of section 124 to the original of the report. 2000, c. 20, s. 99.
Section 99Verify source
§ 100Section 100Provision

Source excerpt

The fire investigation commissioner may initiate an inquiry into a fire’s origin, causes, circumstances, or links to other fires if the commissioner thinks it is expedient and it will not slow any current police investigation.

100. An inquiry concerning the point of origin, probable causes or circumstances of a fire or concerning any connection with other fires may be initiated if the fire investigation commissioner is of the opinion, following his or her investigation, that an inquiry would be expedient and would not impede the progress of any current police investigation. To determine whether an inquiry would be expedient, the fire investigation commissioner shall consider whether it is necessary to hear witnesses, particularly (1) to obtain information that may be of assistance in determining the point of origin, probable causes or circumstances of the fire or establishing any connection with other fires; (2) to inform the public concerning those matters; (3) to enable the fire investigation commissioner to make recommendations aimed at ensuring better protection of persons and property against fires. 2000, c. 20, s. 100.
Section 100Verify source
§ 101Section 101Provision

Source excerpt

A fire investigation commissioner must hold an inquiry whenever the Minister requests it.

101. An inquiry must be held by the fire investigation commissioner whenever the Minister so requests. 2000, c. 20, s. 101.
Section 101Verify source
§ 102Section 102Provision

Source excerpt

If criminal proceedings are brought about a fire, the fire investigation commissioner cannot hold or continue the inquiry until the judgment is final, and must notify the Minister and the notice sender.

102. Notwithstanding sections 100 and 101, where criminal proceedings have been brought against a person in connection with a fire, the fire investigation commissioner may not hold or continue an inquiry into the matter until the judgment has become res judicata. In such a case, the fire investigation commissioner shall inform the Minister and the person who sent the notice of fire. 2000, c. 20, s. 102.
Section 102Verify source
§ 103Section 103Provision

Source excerpt

The fire investigation commissioner must hold a single inquiry for a fire, even if several people were injured.

103. A single inquiry by the fire investigation commissioner shall be held concerning a fire even if the fire caused injury to several persons. A single inquiry may be held concerning two or more fires the probable causes or the circumstances of which are similar. 2000, c. 20, s. 103.
Section 103Verify source
§ 104Section 104Provision

Source excerpt

The fire investigation commissioner must conduct the inquiry diligently.

104. The fire investigation commissioner must hold the inquiry with diligence. 2000, c. 20, s. 104.
Section 104Verify source
§ 105Section 105Provision

Source excerpt

105. The provisions respecting an investigation apply, with the necessary modifications, to an inquiry. 2000, c. 20, s. 105.

105. The provisions respecting an investigation apply, with the necessary modifications, to an inquiry. 2000, c. 20, s. 105.
Section 105Verify source
§ 106Section 106Provision

Source excerpt

If an inquiry is held, the hearing must be held in the local municipality or judicial district connected to the fire, unless exceptional circumstances justify another locality.

106. Where an inquiry is held, the hearing must take place in the territory of the local municipality or in the judicial district where the fire or, in the case of an inquiry concerning two or more fires, where one of the fires occurred unless exceptional circumstances warrant its being held in another locality. The clerk-treasurer or the clerk of the local municipality where the hearing is to be held must, on request of the fire investigation commissioner, allow the fire investigation commissioner to use the necessary premises. If the hearing is to be held in a locality where a court of justice sits, the clerk of the court shall have the same obligations, unless the premises are being used for court sittings or sittings of other bodies exercising adjudicative functions. 2000, c. 20, s. 106; 2021, c. 31, s. 132.
Section 106Verify source
§ 107Section 107Provision

Source excerpt

The fire investigation commissioner may, if necessary, hire a secretary, an interpreter, and enough peace officers to keep order during the hearing.

107. The fire investigation commissioner may, if he or she considers it necessary, retain the services of a secretary, an interpreter and a sufficient number of peace officers to keep order during the hearing. The persons whose services are so retained are entitled to the fees and allowances specified in the tariff established by regulation by the Government, unless they are already being remunerated in accordance with the Public Service Act (chapter F‐3.1.1). 2000, c. 20, s. 107.
Section 107Verify source
§ 108Section 108Provision

Source excerpt

The fire investigation commissioner must give reasonable notice of the hearing’s place, date, and time to the Minister, the Director of Criminal and Penal Prosecutions, and any person or body recognized as an interested person.

108. The fire investigation commissioner must give reasonable notice of the place, date and time of the hearing to the Minister, to the Director of Criminal and Penal Prosecutions and to any person or body the fire investigation commissioner recognizes as an interested person. 2000, c. 20, s. 108; 2005, c. 34, s. 85.
Section 108Verify source
§ 109Section 109Provision

Source excerpt

The hearing is open to the public, but the fire investigation commissioner may order all or part of it to be held in private for public order reasons.

109. The hearing is open to the public. However, the fire investigation commissioner may order that the hearing or any part thereof be held in private in the interests of public order. 2000, c. 20, s. 109.
Section 109Verify source
§ 110Section 110Provision

Source excerpt

The fire investigation commissioner must keep certain confidential information confidential and may restrict disclosure and recording during a hearing.

110. The fire investigation commissioner has the duty to ensure the confidentiality of information disclosed to an attorney or a member of the clergy by reason of their position or profession. The fire investigation commissioner may, on the commissioner’s own initiative or on request, ban the disclosure, publication or release of any information that is or may be disclosed during the hearing if the fire investigation commissioner considers it necessary in the public interest or for the protection of a person’s privacy, reputation or right to a fair trial or if the information is confidential. The fire investigation commissioner may also prohibit picture-taking, sketching, filming, videotaping, or radio or television broadcasting during a hearing. 2000, c. 20, s. 110.
Section 110Verify source
§ 111Section 111Provision

Source excerpt

At the start of the hearing, the fire investigation commissioner must tell those present the hearing’s purpose, the grounds for it, and, if applicable, why it is being held in a different locality. That information must also be recorded in writing and attested under the commissioner’s oath of office.

111. At the beginning of the hearing, the fire investigation commissioner shall inform the persons present of the purpose of the hearing, the grounds that warrant it and, where applicable, the reasons why the fire investigation commissioner decided to hold the hearing in a locality other than the locality where the fire occurred. Such information shall be recorded in writing and attested under the fire investigation commissioner’s oath of office. 2000, c. 20, s. 111.
Section 111Verify source
§ 112Section 112Provision

Source excerpt

112. The fire investigation commissioner has full authority over the conduct of the hearing and must conduct the proceedings fairly. The fire investigation commissioner is authorized to administer the oath to any person summoned and may

112. The fire investigation commissioner has full authority over the conduct of the hearing and must conduct the proceedings fairly. The fire investigation commissioner is authorized to administer the oath to any person summoned and may order that witnesses testify outside each other’s presence. 2000, c. 20, s. 112.
Section 112Verify source
§ 113Section 113Provision

Source excerpt

The fire investigation commissioner must summon relevant persons to a hearing and may, on request, summon a person for examination or document production.

113. The fire investigation commissioner shall summon to the hearing any person who, in the opinion of the commissioner, can provide information that is relevant to the inquiry, in order to examine the person or order the person to produce any document or thing the commissioner considers necessary as specified by the commissioner. The fire investigation commissioner may also summon a person at the request of the Director of Criminal and Penal Prosecutions or of an interested person. The summons shall be effected by means of a writing signed and served in accordance with the rules of the Code of Civil Procedure (chapter C-25.01), except where the person is present at the hearing. Persons summoned or required to testify are entitled to the allowances and expenses specified in the tariff established by regulation by the Government. 2000, c. 20, s. 113; 2005, c. 34, s. 85; I.N. 2016-01-01 (NCCP).
Section 113Verify source
§ 114Section 114Provision

Source excerpt

If a duly summoned person whose expenses were advanced does not appear, the fire investigation commissioner may apply to a judge of the Court of Québec for a witness warrant.

114. Where a person who has been duly summoned and to whom expenses have been advanced fails to appear, the fire investigation commissioner may apply to a judge of the Court of Québec for the issue of a warrant for witness pursuant to articles 274 and 497 of the Code of Civil Procedure (chapter C-25.01), which shall then apply with the necessary modifications. 2000, c. 20, s. 114; I.N. 2016-01-01 (NCCP); 2020, c. 12, s. 68.
Section 114Verify source
§ 115Section 115Provision

Source excerpt

A person under 18 arrested under a warrant for witness must be placed with the director of youth protection until appearance.

115. Every person under 18 years of age who is arrested under a warrant for witness shall be entrusted to the director of youth protection until the person’s appearance. The director of youth protection shall entrust the person so arrested to the care of an institution operating a rehabilitation centre within the meaning of the Act respecting the governance of the health and social services system (chapter G-1.021) or the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or a reception centre within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) and shall without delay notify the parents, or any other person having parental authority, of the place where the person is being kept, of the time and place at which the person is to appear and of the nature of the proceedings. 2000, c. 20, s. 115; 2020, c. 12, s. 69; 2023, c. 34, s. 1289.
Section 115Verify source
§ 116Section 116Provision

Source excerpt

The fire investigation commissioner must require summoned witnesses to take an oath, but may hear an unsworn witness if the commissioner thinks the person does not understand the oath and can still tell the truth and report known facts.

116. The fire investigation commissioner shall require every person summoned as a witness to take an oath. The commissioner may, however, hear the testimony of a person who has not taken an oath if, in the commissioner’s opinion, the person does not understand the nature of an oath but understands his or her duty to tell the truth and is able to report facts that came to his or her knowledge. 2000, c. 20, s. 116.
Section 116Verify source
§ 117Section 117Provision

Source excerpt

The fire investigation commissioner must tell witnesses about certain testimonial rights, and must inform people under 18 about access to an advocate.

117. The fire investigation commissioner shall inform every person summoned as a witness of the right to abstain from giving testimony in the cases and subject to the conditions provided in articles 282 to 284 of the Code of Civil Procedure (chapter C-25.01), and of the right of witnesses not to have any testimony given by them used to incriminate them in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence. The fire investigation commissioner shall also inform every person under 18 years of age of the right to be represented by an advocate, grant the person reasonable time to retain the services of an advocate and, if necessary, delay the giving of the person’s testimony. 2000, c. 20, s. 117; I.N. 2016-01-01 (NCCP).
Section 117Verify source
§ 118Section 118Provision

Source excerpt

The fire investigation commissioner may compel disclosure of information learned through a person’s profession or position, subject to listed exceptions.

118. The fire investigation commissioner may compel any person to disclose anything that has been revealed to him or her by reason of his or her profession or position notwithstanding any inconsistent provision of a general law or special Act, except articles 282 to 284 of the Code of Civil Procedure (chapter C-25.01) and any provisions ensuring the confidentiality of information revealed to an advocate or minister of religion. 2000, c. 20, s. 118; I.N. 2016-01-01 (NCCP).
Section 118Verify source
§ 119Section 119Provision

Source excerpt

The Director of Criminal and Penal Prosecutions and interested persons or their attorneys may be heard at the hearing, ask relevant questions when necessary for the inquiry, and make representations at the end of the hearing.

119. The Director of Criminal and Penal Prosecutions and interested persons or their attorneys may be heard at the hearing, put to the witnesses any relevant question to the extent that it is necessary for the purposes of the inquiry and, at the end of the hearing, make representations. 2000, c. 20, s. 119; 2005, c. 34, s. 85.
Section 119Verify source
§ 120Section 120Provision

Source excerpt

Witness depositions, representations to the fire investigation commissioner, and the commissioner’s statements or decisions must be recorded, and certain officials or interested persons may request a transcript copy subject to payment of the prescribed fee.

120. The depositions of witnesses, the representations made to the fire investigation commissioner and the statements or decisions made by the commissioner shall be taken down by stenography or recorded in any other manner allowed before the courts. The Minister and the Director of Criminal and Penal Prosecutions may require the transcription of the stenographic notes or recordings and obtain a copy of the transcript. Upon payment of the fee prescribed by regulation of the Government, any interested person may also require such transcription and obtain a copy of the transcript. 2000, c. 20, s. 120; 2005, c. 34, s. 85.
Section 120Verify source
§ 121Section 121Provision

Source excerpt

Before acting, the stenographer or person recording depositions must take an oath before the fire investigation commissioner.

121. The stenographer or the person charged with recording the depositions shall, before acting, take the following oath before the fire investigation commissioner: “I declare under oath that I will faithfully and accurately take down by stenography or record the depositions of witnesses, the representations made and the statements and decisions made by the fire investigation commissioner..................... concerning the fire that occurred at................. on................. and that the copies or transcripts that I will furnish will be true and accurate. ”. 2000, c. 20, s. 121.
Section 121Verify source
§ 122Section 122Provision

Source excerpt

The fire investigation commissioner may adjourn an inquiry if it is absolutely impossible to find the truth immediately, but must resume it whenever the Minister requires.

122. The fire investigation commissioner may adjourn an inquiry when it appears absolutely impossible to the fire investigation commissioner to arrive at the truth immediately. However, the fire investigation commissioner must resume the inquiry whenever the Minister so requires. 2000, c. 20, s. 122.
Section 122Verify source
§ 123Section 123Provision

Source excerpt

After the hearing ends, the fire investigation commissioner must prepare a report and send a certified copy to the Minister and the person who gave notice of the fire.

123. Once the hearing is completed, the fire investigation commissioner shall, with diligence, draft a report and send a certified copy to the Minister and to the person who sent the notice of fire. The report shall contain (1) the date and place where the fire occurred; (2) all relevant information concerning the point of origin, probable causes and circumstances of the fire and any information relating to any connection with other fires; and (3) where appropriate, recommendations aimed at ensuring better protection of persons and property against fires. 2000, c. 20, s. 123.
Section 123Verify source
§ 124Section 124Provision

Source excerpt

Specified investigation and inquiry documents must be appended to the original report, and a certified copy must be sent to the Minister on request.

124. The following shall be appended to the original of the report: (1) all documents produced during the investigation, which may include (a) the investigation report of a firefighter or a peace officer; (b) a copy of the minutes of seizure; (c) photographs taken and copies made during the investigation; (d) expert reports; and (e) any other document required by the fire investigation commissioner; and (2) all documents pertaining to the inquiry: (a) a copy of the summons issued to witnesses; (b) where applicable, a copy of the warrants for witness and of any decision rendered by a judge before whom an arrested person appeared; (c) a copy of the writing recording the information given under section 111; (d) the original stenographic notes or recordings made at the hearing and, where applicable, the original transcript of the stenographic notes or recordings; and (e) where applicable, a copy of the order banning the disclosure, publication or release of information reported at the hearing or prohibiting picture-taking, sketching, filming, videotaping or radio or television broadcasting during the hearing. A certified copy of such documents shall be sent to the Minister on request. 2000, c. 20, s. 124; 2020, c. 12, s. 70.
Section 124Verify source
§ 125Section 125Provision

Source excerpt

125. Once the inquiry has been completed, the witnesses must recover the documents and things they produced or forwarded. Any unrecovered document or thing may be destroyed after the expiry of one year following the end of the

125. Once the inquiry has been completed, the witnesses must recover the documents and things they produced or forwarded. Any unrecovered document or thing may be destroyed after the expiry of one year following the end of the inquiry. 2000, c. 20, s. 125.
Section 125Verify source
§ 126Section 126Provision

Source excerpt

If the fire investigation commissioner considers it appropriate, the commissioner must send the recommendations from an investigation or inquiry report to the concerned government departments, bodies, or persons.

126. Where the fire investigation commissioner considers it appropriate, the commissioner shall transmit to the government departments, bodies or persons concerned the recommendations contained in his or her investigation report or inquiry report. 2000, c. 20, s. 126.
Section 126Verify source
§ 127Section 127Provision

Source excerpt

Investigation and inquiry reports are generally public, but appended documents and disclosed-passages can be withheld. After the commissioner sends the report to the Minister and the notice sender, appended documents (except a peace officer’s report) become public and may be consulted by anyone unless the commissioner bans disclosure, publication, or release for listed public-interest, privacy, fair-trial, or confidentiality reasons.

127. The investigation report and the inquiry report are public, except the documents to be appended and the passages that are subject to an order banning disclosure, publication or release. However, once the fire investigation commissioner has transmitted a report to the Minister and to the person who sent the notice of fire, the documents appended to the report, except for the report of a peace officer, become public and may be consulted by any person, unless the fire investigation commissioner considers it necessary to ban their disclosure, publication or release in the public interest, for the protection of a person’s privacy, reputation or right to a fair trial or because the information is confidential. 2000, c. 20, s. 127.
Section 127Verify source
§ 128Section 128Provision

Source excerpt

It is prohibited to disclose, publish, or release information that would reveal the name, address, or identity of a person under 18 involved in a fire or called to testify at an inquiry.

128. The disclosure, publication or release at any time of any information that would reveal the name or address or the identity of a person under 18 years of age involved in a fire or called upon to testify at an inquiry is prohibited. 2000, c. 20, s. 128.
Section 128Verify source
§ 129Section 129Provision

Source excerpt

Before giving access to, or sending a copy of, a report or appended documents, the fire investigation commissioner and anyone acting under the commissioner’s authority must delete any passages banned from publication or release.

129. The fire investigation commissioner and any person acting under the commissioner’s authority shall, before allowing access to a report or appended documents, or before transmitting a copy, delete any passages banned from publication or release. The first paragraph does not apply to reports and documents communicated or transmitted to the Minister. 2000, c. 20, s. 129.
Section 129Verify source
§ 130Section 130Provision

Source excerpt

The fire investigation commissioner may let certain people consult or receive unexpurgated fire investigation reports or certified copies, but a peace officer report not filed as evidence cannot be consulted or transmitted without express permission from the Minister or an authorized person.

130. Notwithstanding the first paragraph of section 129, the fire investigation commissioner may allow consultation of an unexpurgated report or unexpurgated appended documents or transmit certified copies of them to (1) the Director of Criminal and Penal Prosecutions; (2) a government department, body or person that has established to the satisfaction of the fire investigation commissioner that the documents will be used for the purpose of ascertaining or asserting the rights of the department, body or person; (3) a government department or public body that has established to the satisfaction of the fire investigation commissioner that the documents will be used in the pursuit of the public interest. However, the report of a peace officer not filed as evidence during a hearing cannot be consulted or transmitted except with the express permission of the Minister or a person authorized by the Minister for that purpose. 2000, c. 20, s. 130; 2005, c. 34, s. 85.
Section 130Verify source
§ 131Section 131Provision

Source excerpt

The Minister or the fire investigation commissioner may disclose, publish, or release non-public information from certain reports or appended documents if required in the public interest.

131. Notwithstanding the foregoing, where required in the public interest, the Minister or the fire investigation commissioner may disclose, publish or release information that has not been made public contained in an investigation report or inquiry report or in appended documents. However, the report of a peace officer not filed as evidence during a hearing cannot be disclosed, published or released by the fire investigation commissioner except with the express permission of the Minister or a person authorized by the Minister for that purpose. 2000, c. 20, s. 131.
Section 131Verify source
§ 132Section 132Provision

Source excerpt

Access to these reports or an appended document is not authorization to disclose, publish, or release non-public information in them, except when needed to ascertain or assert rights or when needed in the public interest.

132. Access to or receipt of an investigation report or inquiry report or an appended document does not constitute an authorization to disclose, publish or release information it contains that has not been made public, unless it is necessary for ascertaining or asserting the rights of the government department, body or person, or necessary in the public interest, where the department, body or person consulted or received the report or document for that purpose. 2000, c. 20, s. 132.
Section 132Verify source
§ 133Section 133Provision

Source excerpt

133. The orders of the fire investigation commissioner banning the disclosure, publication or release of information apply notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of

133. The orders of the fire investigation commissioner banning the disclosure, publication or release of information apply notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A‐2.1). 2000, c. 20, s. 133.
Section 133Verify source
§ 134Section 134Provision

Source excerpt

A person may be found in contempt of court for breaching a fire investigation commissioner’s order, refusing to testify or produce required evidence, disrupting a hearing, or improperly disclosing Division VI information.

134. Any person who (1) contravenes an order of the fire investigation commissioner, (2) is competent to testify, but refuses to take the oath, to answer questions that are lawfully put or to produce the documents or things required by the fire investigation commissioner, (3) disrupts a hearing, or (4) discloses, publishes or releases information or a document in contravention of the provisions of Division VI, is in contempt of court and may be condemned accordingly by the Superior Court on an application by the fire investigation commissioner. 2000, c. 20, s. 134; I.N. 2016-01-01 (NCCP).
Section 134Verify source
§ 135Section 135Provision

Source excerpt

The Minister of Public Security is responsible for fire safety and must set general fire safety policies.

135. The Minister of Public Security is responsible for fire safety. The Minister is in charge of setting general policies in the field of fire safety. The Minister shall ensure that regional authorities determine optimum fire protection objectives, that the actions required to achieve such objectives are implemented, that fire safety personnel members are properly trained, that research and development is carried out in the field of fire safety, and that an appropriate response is made to the recommendations of the fire investigation commissioner. 2000, c. 20, s. 135.
Section 135Verify source
§ 136Section 136Provision

Source excerpt

The Minister must coordinate certain government departments and bodies and advise them on fire safety.

136. The Minister shall coordinate the actions of government departments and bodies that are mandataries of the State and advise them on fire safety. The Minister may require such departments and bodies to provide all relevant information on their policies, projects and achievements in the field of fire safety, and a copy of their fire hazard reports. 2000, c. 20, s. 136.
Section 136Verify source
§ 137Section 137Amendment

Source excerpt

The Minister is responsible for fire-prevention policy and must classify fire risks and describe fire protection objectives and minimum measures for local authorities’ fire safety plans.

137. The Minister is, more specifically, in charge of determining policies concerning fire prevention, personnel training, emergency preparedness and emergency response procedures for regional and local authorities. For that purpose, the Minister shall classify fire risks and list and describe the fire protection objectives and the minimum measures to be considered by regional and local authorities in the establishment of their fire safety cover plan and in their implementation plan. The Minister may, subject to the conditions determined by the Minister, grant financial assistance to a regional or local authority for the establishment, amendment or revision of a fire safety cover plan or for the implementation of planned actions. 2000, c. 20, s. 137.
Section 137Verify source
§ 138Section 138Provision

Source excerpt

The Minister must publish proposed regional and local authority policies in the Gazette officielle du Québec, with a notice inviting interested persons to submit views within the specified time.

138. The Minister shall publish the policies the Minister intends to establish for regional and local authorities in the Gazette officielle du Québec together with a notice inviting interested persons to submit their views to the Minister within the time specified. Once established, the policies shall be published in the Gazette officielle du Québec. 2000, c. 20, s. 138; 2001, c. 76, s. 182.
Section 138Verify source
§ 139Section 139Provision

Source excerpt

The Minister must advise certain local and regional authorities and boards, monitor their actions and the effectiveness of the fire safety services they provide, and may issue guidelines and request relevant information.

139. The Minister shall advise regional or local authorities and intermunicipal boards in charge of the implementation of measures to which this Act applies. The Minister shall monitor their actions to ensure that they meet the responsibilities incumbent upon them under this Act, and verify the effectiveness of the fire safety services they provide. For that purpose, the Minister may transmit guidelines to the authorities and to the boards concerning any matter relating to this Act or its regulatory instruments, and request any relevant information concerning their projects and achievements. 2000, c. 20, s. 139.
Section 139Verify source
§ 140Section 140Provision

Source excerpt

The Minister must foster or encourage fire safety initiatives and help form associations in the same field, including by financial or technical support under conditions the Minister determines.

140. The Minister shall foster or encourage fire safety initiatives by regional or local authorities, insurers and other fire safety stakeholders and facilitate the formation of associations working in the same field, in particular by providing financial or technical support on the conditions determined by the Minister. 2000, c. 20, s. 140.
Section 140Verify source
§ 141Section 141Provision

Source excerpt

The Minister must inform the public to support public participation in achieving the Act’s objectives, including by sharing information and advice on preventing fires or reducing their consequences.

141. The Minister shall contribute to the information of the public so as to ensure public participation in the achievement of the objectives of this Act, in particular by disseminating information and advice on preventing fires or reducing their consequences. 2000, c. 20, s. 141.
Section 141Verify source
§ 142Section 142Provision

Source excerpt

The Minister may research fire safety issues, plan or promote emergency-response work, and publish fire-safety data or studies.

142. In addition, the Minister may (1) conduct, commission or promote research on risk management or the planning of emergency response procedures or research aimed at improving fire prevention, fire detection, fire alarm and firefighting techniques, methods and equipment; (2) propose, coordinate and carry out activities or work designed to remove or reduce the risks or consequences of a fire; (3) conduct analyses of statistical data and studies on the fire safety situation throughout Québec and at the regional and local levels, or on the repercussions of that situation, in particular on the regional economy or on fire insurance, and make the data or studies public. 2000, c. 20, s. 142.
Section 142Verify source
§ 143Section 143Provision

Source excerpt

The Minister may enter into agreements, but only while carrying out the Minister’s functions and subject to applicable legislative provisions.

143. In carrying out his or her functions, the Minister may, subject to the applicable legislative provisions, enter into an agreement with a government in Canada or abroad, a department or agency of such a government, an international organization or an agency of an international organization. 2000, c. 20, s. 143; 2001, c. 76, s. 183.
Section 143Verify source
§ 144Section 144Provision

Source excerpt

The Minister may create forms and set, by regulation, what statistics and documents certain authorities, insurers, and claims adjusters must keep or send to the Minister, as well as the required content of notices and reports.

144. The Minister may establish any form for the purposes of this Act and determine, by regulation, the statistics and documents relating to this Act that regional or local authorities, intermunicipal boards in charge of the implementation of measures to which this Act applies, insurers and claims adjusters must keep or transmit to the Minister and the form and content of the notices and reports prescribed by this Act. 2000, c. 20, s. 144.
Section 144Verify source
§ 145Section 145Provision

Source excerpt

The Minister, or a designated staff member, may require specified fire-safety actors to provide documents, information, or explanations, and may enter certain premises to inspect equipment or infrastructure and test effectiveness.

145. To ascertain the effectiveness of the actions implemented pursuant to this Act or the effectiveness of fire safety services, or to assess compliance with the applicable provisions of this Act and the regulations, the Minister or a member of the Minister’s personnel designated for that purpose by the Minister may (1) require a local or regional authority, an intermunicipal board in charge of the implementation of measures to which this Act applies or a fire safety service, its personnel, insurers, claims adjusters and other fire safety stakeholders to communicate, for examination or reproduction, any document, information or explanation the Minister considers necessary for the carrying out of his or her functions; (2) enter a fire station or any other place where there is equipment or an infrastructure identified in a fire safety cover plan to inspect the fire safety equipment or infrastructure and to conduct or order tests to verify their effectiveness. 2000, c. 20, s. 145.
Section 145Verify source
§ 146Section 146Provision

Source excerpt

An inspector must show identification and proof of appointment when requested.

146. An inspector must, on request, produce identification and proof of appointment. 2000, c. 20, s. 146.
Section 146Verify source
§ 147Section 147Provision

Source excerpt

If a local, regional, or intermunicipal authority has deficient actions, the Minister may recommend corrective measures, or may order necessary measures if public security requires it.

147. Where there is a deficiency in the actions of a local or regional authority or an intermunicipal board, the Minister may, after an overall assessment of the situation and after giving the authority or board an opportunity to present observations, recommend corrective measures or, if the Minister is of the opinion that public security so requires, order that the measures the Minister considers necessary be taken to ensure the protection of persons and property against fire. 2000, c. 20, s. 147.
Section 147Verify source
§ 148Section 148Provision

Source excerpt

The Minister, or someone the Minister designates, may inquire into matters under the Act and may share inquiry conclusions with the persons concerned.

148. The Minister or a person designated by the Minister may inquire into any matter to which this Act applies, subject to the powers conferred on the fire investigation commissioner or the coroner under Chapter V. The Minister may transmit the conclusions of the inquiry to the persons concerned. Where corrective measures are recommended, the Minister may require the persons concerned to indicate their intentions, within the time determined by the Minister. The Minister may, when recommending to a local or regional authority or to an intermunicipal board measures which the Minister considers to be imperative to ensure public safety, order their implementation and a compliance report within the time determined by the Minister. 2000, c. 20, s. 148.
Section 148Verify source
§ 149Section 149Provision

Source excerpt

The Minister, an inspector, or an investigator cannot be prosecuted for acts done in good faith while exercising their functions.

149. The Minister, an inspector or an investigator cannot be prosecuted by reason of any act performed in good faith in the exercise of their functions. 2000, c. 20, s. 149.
Section 149Verify source
§ 150Section 150Provision

Source excerpt

The Minister and persons acting under the Minister’s authority must not disclose certain fire-related information or communicate related documents without the author’s consent.

150. Neither the Minister nor any person under the authority of the Minister may disclose any information reported to the Minister or person pursuant to section 7 or 34 in relation to the point of origin, probable causes or circumstances of a fire, nor may the Minister or the person communicate any document obtained under either of those sections without the consent of their author. 2000, c. 20, s. 150.
Section 150Verify source
§ 150.1Section 150.1Provision

Source excerpt

The Minister may designate an organization as a forest fire protection organization for a territory delimited by the Minister.

150.1. The Minister may, for a territory delimited by the Minister, designate an organization as a forest fire protection organization. The designated organization is responsible for organizing the protection of communities, strategic infrastructures and forest environments from forest fires or fires threatening a forest in the territory for which it was designated. It performs its duties in accordance with the policy directions and directives set out by the Minister, jointly with the minister responsible for the administration of the Sustainable Forest Development Act (chapter A-18.1). 2024, c. 18, s. 48.
Section 150.1Verify source
§ 150.2Section 150.2Amendment

Source excerpt

The designated organization must submit its general by-laws and any amendments to the Minister for approval.

150.2. The designated organization’s general by-laws and any modifications to them are submitted for approval to the Minister. The Minister may approve them with or without amendment. 2024, c. 18, s. 48.
Section 150.2Verify source
§ 150.3Section 150.3Amendment

Source excerpt

The designated organization must prepare and keep updated a forest fire protection framework plan for its territory, and submit it for the Minister’s approval within the time the Minister sets.

150.3. The designated organization prepares a forest fire protection framework plan for the territory for which it was designated. The plan must define the intensive protection zone and state, among other things, the number of people, the equipment and the means the organization intends to use to protect communities, strategic infrastructures and forest environments from forest fires. The plan is submitted to the Minister for approval within the time determined by the Minister, who may approve it with or without amendment, after consultation with the minister responsible for the administration of the Sustainable Forest Development Act (chapter A-18.1). If the organization fails to submit the plan to the Minister within the specified time, the Minister establishes the plan. The organization must keep the plan up to date until a new plan is required by the Minister. Updates of the plan and any modifications are submitted to the Minister for approval. The Minister may approve them with or without amendment, after consultation with the minister responsible for the administration of the Sustainable Forest Development Act. 2024, c. 18, s. 48.
Section 150.3Verify source
§ 150.4Section 150.4Provision

Source excerpt

The Minister must pay the expenses of the organization designated to fight forest fires or fires threatening a forest in the intensive protection zone.

150.4. The Minister assumes the cost of the expenses incurred by the organization designated to fight forest fires or fires threatening a forest in the intensive protection zone. The sums required for that purpose are taken out of the Consolidated Revenue Fund. Moreover, the Minister may, using the appropriations granted annually for that purpose by Parliament, allocate sums to the designated organization to provide for the financing of the other activities carried out by the organization to perform its duties. 2024, c. 18, s. 48.
Section 150.4Verify source
§ 150.5Section 150.5Provision

Source excerpt

The Minister or the organization may make agreements, with the Minister’s approval, to protect forests outside the intensive protection zone from fires.

150.5. The Minister or the organization, with the approval of the Minister, may make agreements for the purposes of protecting the forests situated outside the intensive protection zone from fires, in particular with regard to the expenses associated with preventing and fighting fires. 2024, c. 18, s. 48.
Section 150.5Verify source
§ 150.6Section 150.6Provision

Source excerpt

A person who needs the designated organization to fight a non-forest fire must pay all intervention costs.

150.6. Every person who requires the intervention of the designated organization to fight a fire other than a forest fire or a fire threatening a forest must entirely assume the costs of the intervention. 2024, c. 18, s. 48.
Section 150.6Verify source
§ 150.7Section 150.7Provision

Source excerpt

The designated organization must have its books and accounts audited yearly by external auditors and must send the Minister the audit report, financial statements, and an activity report within four months after each fiscal year end.

150.7. The books and accounts of the designated organization are audited every year by external auditors. Within four months after the end of each fiscal year, the organization must send the Minister the audit report on its books and accounts, its financial statements and an activity report. The financial statements and activity report must contain all the information required by the Minister. Before the beginning of each fiscal year, the organization sends its budget estimates for the following fiscal year to the Minister in the manner prescribed by the Minister. 2024, c. 18, s. 48.
Section 150.7Verify source
§ 150.8Section 150.8Provision

Source excerpt

The designated organization must give the Minister or the minister responsible for the Sustainable Forest Development Act any information the Minister asks for about its activities.

150.8. The designated organization must communicate to the Minister or the minister responsible for the administration of the Sustainable Forest Development Act (chapter A-18.1) any information the Minister requires on its activities. 2024, c. 18, s. 48.
Section 150.8Verify source
§ 150.9Section 150.9Provision

Source excerpt

If a forest fire or fire risk requires it, the Minister may order measures to ensure public safety, including restricting access, travel, and fires in a territory the Minister determines.

150.9. Where a forest fire or the risk of such a fire requires it, the Minister may order any measure to ensure public safety, such as restricting or prohibiting access to and travel in a forest and prohibiting the making of fires in the territory the Minister determines. A decision made under the first paragraph is published on the website of the Ministère de la Sécurité publique and disseminated by the most efficient means available to ensure that the population of the territory concerned is rapidly informed. 2024, c. 18, s. 48.
Section 150.9Verify source
§ 150.10Section 150.10Provision

Source excerpt

A representative of the designated organization may enter premises, take necessary measures to fight forest fires, recruit people, and requisition necessary equipment. The organization must pay fair and reasonable compensation to recruited persons and equipment owners, as determined by the Minister.

150.10. Any representative of the designated organization is authorized to enter any premises and take all measures necessary for the purposes of fighting forest fires. They may also recruit any person and requisition any necessary equipment, regardless of who owns it. The organization must grant the recruited person and the owner of the requisitioned equipment fair and reasonable compensation as determined by the Minister. 2024, c. 18, s. 48.
Section 150.10Verify source
§ 151Section 151Provision

Source excerpt

The Government may make regulations about firefighter identification standards, fire safety service equipment standards, decorations and citations, copy fees, and tariffs of fees, compensation, and expenses for certain fire investigation matters.

151. In addition to the powers otherwise conferred on it by this Act, the Government may, by regulation, (1) determine standards applicable to badges and other identification papers of firefighters; (2) determine standards applicable to the equipment of a fire safety service, the conditions governing the use of the equipment, and vehicle identification standards; (3) determine the decorations and citations that may be awarded, the cases in which they may be awarded, the procedure for awarding decorations and citations, and the classes of persons or bodies that may qualify therefor; (4) fix the amounts payable to obtain a certified copy of a report of the fire investigation commissioner or of appended documents; (5) determine a tariff of fees, compensation and expenses that may be paid during an investigation made by the fire investigation commissioner and taken out of the appropriations granted each year to the Minister for the purposes of this Act, the terms and conditions of payment and the classes of persons to which the tariff applies. 2000, c. 20, s. 151.
Section 151Verify source
§ 152Section 152Offence

Source excerpt

A person who, contrary to section 5, fails to report a hazard commits an offence and may be fined.

152. Every person who, in contravention of section 5, fails to report a hazard is guilty of an offence and is liable to a fine of $500 to $3,000 in the case of a natural person and to a fine of $1,500 to $10,000 in the case of a legal person. 2000, c. 20, s. 152.
Section 152Verify source
§ 153Section 153Offence

Source excerpt

An insurer or claims adjuster who fails to make the required report to the Minister commits an offence and is liable to a fine of $500 to $3,000.

153. Every insurer or claims adjuster who does not make a report to the Minister in accordance with section 7 is guilty of an offence and is liable to a fine of $500 to $3,000. 2000, c. 20, s. 153.
Section 153Verify source
§ 154Section 154Offence

Source excerpt

An employer must not, without good cause, use reprisals or other disciplinary measures to stop a worker from serving as an on-call firefighter or punish the worker for doing so.

154. Every employer who, without good cause shown, by discriminatory measures or reprisals, a change of conditions of employment, transfer, suspension or dismissal or any other sanction, prevents any member of the personnel from acting as an on-call firefighter or attempts to sanction the personnel member for having acted in that capacity, is guilty of an offence and is liable to a fine of $200 to $1,000, provided the firefighter has informed the employer of his or her duties as a firefighter and advises the employer in the event the firefighter must leave work precipitously or cannot report for work. In addition, a person who feels aggrieved by a measure referred to in the first paragraph may exercise a recourse before the Administrative Labour Tribunal. The provisions applicable to a remedy relating to the exercise by an employee of a right under the Labour Code (chapter C-27) apply, with the necessary modifications. 2000, c. 20, s. 154; 2001, c. 76, s. 184; 2001, c. 26, s. 174; 2015, c. 15, s. 221.
Section 154Verify source
§ 155Section 155Offence

Source excerpt

A person commits an offence if they obstruct certain officials, refuse required orders or information, fail without valid cause to help, knowingly make false statements, or hide or destroy relevant documents or things; the penalty is a fine of $1,000 to $5,000.

155. Every person who hinders the Minister, an investigator, inspector, municipal inspector, firefighter or peace officer in the exercise of the powers vested in them under this Act, refuses to obey an order they are entitled to give, to communicate the information or documents they are entitled to require or, without valid cause, to provide the help or assistance they may require, knowingly makes false statements, or conceals or destroys documents or other things relevant for the purposes of their functions is guilty of an offence and is liable to a fine of $1,000 to $5,000. The same applies in respect of any person who enters fire-damaged premises contrary to a prohibition ordered under section 95 by the fire investigation commissioner or the person designated by the fire investigation commissioner pursuant to that section, who knowingly makes false statements or who conceals or destroys documents or other things relevant for an investigation. 2000, c. 20, s. 155; 2001, c. 76, s. 185.
Section 155Verify source
§ 155.1Section 155.1Offence

Source excerpt

A person who breaches a Minister-ordered measure under section 150.9 commits an offence and is liable to a fine of $500 to $50,000.

155.1. Every person who contravenes a measure ordered by the Minister under section 150.9 is guilty of an offence and is liable to a fine of $500 to $50,000. 2024, c. 18, s. 49.
Section 155.1Verify source
§ 156Section 156Offence

Source excerpt

If there is a second or subsequent offence, the minimum and maximum fines are doubled.

156. In the case of a second or subsequent offence, the minimum and maximum fines shall be doubled. 2000, c. 20, s. 156.
Section 156Verify source
§ 157Section 157Offence

Source excerpt

A local municipality may institute penal proceedings for certain section 5 offences it enforces, and related proceedings may be brought before the competent municipal court.

157. Penal proceedings for an offence under a provision of section 5 that a local municipality is in charge of enforcing may be instituted by the municipality. Where that is the case, proceedings may be brought before the competent municipal court. Where the municipality is the prosecuting party, the fine imposed belongs to the municipality. Where proceedings are brought before a municipal court, the costs relating to the proceedings belong to the municipality in which the court has jurisdiction, except any part of the costs remitted by the collector to another prosecuting party under article 345.2 of the Code of Penal Procedure (chapter C‐25.1) and any costs remitted to the defendant or imposed on the prosecuting municipality under article 223 of that Code. 2000, c. 20, s. 157; 2003, c. 5, s. 26.
Section 157Verify source
§ 158Section 158Provision

Source excerpt

This section says the Act replaces three named Acts, and references to those Acts are to be read as references to the corresponding provisions of this Act.

158. This Act replaces the Fire Investigations Act (chapter E‐8), the Act respecting municipal fire fighting cooperation (chapter E‐11) and the Fire Prevention Act (chapter P‐23). A reference to any of those Acts is a reference to the corresponding provisions of this Act. 2000, c. 20, s. 158.
Section 158Verify source
§ 159Section 159Amendment

Source excerpt

This section notes that the amendment has been integrated into another provision.

159. (Amendment integrated into c. A-3.001, s. 12.0.1). 2000, c. 20, s. 159.
Section 159Verify source
§ 160Section 160Amendment

Source excerpt

This section states that an amendment was integrated into c. A-3.001, section 77.

160. (Amendment integrated into c. A-3.001, s. 77). 2000, c. 20, s. 160.
Section 160Verify source
§ 161Section 161Amendment

Source excerpt

Section 161 notes that an amendment has been integrated into c. A-3.001, section 78.

161. (Amendment integrated into c. A-3.001, s. 78). 2000, c. 20, s. 161.
Section 161Verify source
§ 162Section 162Amendment

Source excerpt

This section notes that the amendment has been integrated into c. A-3.001, s. 81.

162. (Amendment integrated into c. A-3.001, s. 81). 2000, c. 20, s. 162.
Section 162Verify source
§ 163Section 163Amendment

Source excerpt

This section notes that the amendment has been integrated into c. A-3.001, s. 293.1.

163. (Amendment integrated into c. A-3.001, s. 293.1). 2000, c. 20, s. 163.
Section 163Verify source
§ 164Section 164Amendment

Source excerpt

This section notes that an amendment has been integrated into c. A-3.001, s. 296, and cites 2000, c. 20, s. 164.

164. (Amendment integrated into c. A-3.001, s. 296). 2000, c. 20, s. 164.
Section 164Verify source
§ 165Section 165Amendment

Source excerpt

This section states that the amendment was integrated into c. A-3.001, section 310.

165. (Amendment integrated into c. A-3.001, s. 310). 2000, c. 20, s. 165.
Section 165Verify source
§ 166Section 166Amendment

Source excerpt

This section states that the amendment has been integrated into c. A-3.001, section 440, and gives the source citation.

166. (Amendment integrated into c. A-3.001, s. 440). 2000, c. 20, s. 166.
Section 166Verify source
§ 167Section 167Provision

Source excerpt

167. (Omitted). 2000, c. 20, s. 167.

167. (Omitted). 2000, c. 20, s. 167.
Section 167Verify source
§ 168Section 168Amendment

Source excerpt

168. (Amendment integrated into c. C-27.1, s. 555). 2000, c. 20, s. 168.

168. (Amendment integrated into c. C-27.1, s. 555). 2000, c. 20, s. 168.
Section 168Verify source
§ 169Section 169Amendment

Source excerpt

169. (Amendment integrated into c. C-37.1, s. 84.1). 2000, c. 20, s. 169.

169. (Amendment integrated into c. C-37.1, s. 84.1). 2000, c. 20, s. 169.
Section 169Verify source
§ 170Section 170Amendment

Source excerpt

This section states that an amendment has been integrated into c. C-37.2, s. 121.1, and gives the citation 2000, c. 20, s. 170.

170. (Amendment integrated into c. C-37.2, s. 121.1). 2000, c. 20, s. 170.
Section 170Verify source
§ 171Section 171Amendment

Source excerpt

171. (Amendment integrated into c. C-37.3, s. 94.1). 2000, c. 20, s. 171.

171. (Amendment integrated into c. C-37.3, s. 94.1). 2000, c. 20, s. 171.
Section 171Verify source
§ 172Section 172Amendment

Source excerpt

This section states that an amendment has been integrated into c. M-19.3, section 8, and gives the 2000 citation.

172. (Amendment integrated into c. M-19.3, s. 8). 2000, c. 20, s. 172.
Section 172Verify source
§ 173Section 173Amendment

Source excerpt

This section is a consolidation note stating that the amendment has been integrated into c. M-19.3, s. 9.

173. (Amendment integrated into c. M-19.3, s. 9). 2000, c. 20, s. 173.
Section 173Verify source
§ 174Section 174Amendment

Source excerpt

This section notes that an amendment was integrated into c. R-18, s. 7.

174. (Amendment integrated into c. R-18, s. 7). 2000, c. 20, s. 174.
Section 174Verify source
§ 175Section 175Amendment

Source excerpt

175. (Amendment integrated into c. T-0.1, s. 162). 2000, c. 20, s. 175.

175. (Amendment integrated into c. T-0.1, s. 162). 2000, c. 20, s. 175.
Section 175Verify source
§ 176Section 176Provision

Source excerpt

A local or regional authority is not required to comply with fire safety cover plan obligations until the Minister gives notice, or until 18 months pass if no notice is given.

176. No local or regional authority is required to comply with the obligations relating to the establishment of a fire safety cover plan before a notice to that effect is given by the Minister to the regional authority within the period of 18 months following the publication of the first ministerial policies intended for local and regional authorities or, if no such notice is given, before the expiry of the 18-month period. 2000, c. 20, s. 176; 2001, c. 76, s. 186.
Section 176Verify source
§ 177Section 177Provision

Source excerpt

An earlier intermunicipal fire-safety agreement keeps effect until its expiry date, unless the parties end it early or a renewal is not approved by the Minister.

177. Any intermunicipal agreement relating to fire safety entered into before the coming into force of the first fire safety cover plan applicable to any of the parties to the agreement and not incorporated in the agreement, shall continue to have effect until its date of expiry except in the case of any renewal not approved by the Minister, unless the parties agree to terminate the agreement prematurely. 2000, c. 20, s. 177.
Section 177Verify source
§ 178Section 178Repeal

Source excerpt

Section 178 is repealed.

178. (Repealed). 2000, c. 20, s. 178; 2001, c. 76, s. 187.
Section 178Verify source
§ 179Section 179Provision

Source excerpt

People who were already fire chiefs on 2 May 2000 do not have to meet the firefighter-quality requirement in section 37, even if their contract is renewed, so long as they keep that position.

179. The quality of firefighter required by section 37 for the exercise of the functions of fire chief is not required in respect of the persons holding the position of fire chief on 2 May 2000, even upon a renewal of their contract, for as long as they continue to hold that position. 2000, c. 20, s. 179.
Section 179Verify source
§ 180Section 180Provision

Source excerpt

By-laws made by the École nationale des pompiers du Québec under section 68 must be submitted to the Government for approval.

180. Every by-law made by the École nationale des pompiers du Québec under section 68 must be submitted to the Government for approval; such approval shall be in lieu of the conditions defined by the Government referred to in that section, until the date of the coming into force of section 37 of the Public Administration Act (chapter A‐6.01). 2000, c. 20, s. 180.
Section 180Verify source
§ 181Section 181Provision

Source excerpt

An investigation or inquiry already in progress on 1 September 2000 must be completed under chapter V of the Act.

181. An investigation or inquiry in progress on 1 September 2000 shall be completed in accordance with the provisions of chapter V of this Act. 2000, c. 20, s. 181.
Section 181Verify source
§ 182Section 182Provision

Source excerpt

A regulation made under the Fire Investigations Act or the Fire Prevention Act is treated as made under this Act, if it is consistent with this Act.

182. A regulation made under the Fire Investigations Act (chapter E‐8) or the Fire Prevention Act (chapter P‐23) is deemed to have been made under this Act, insofar as it is consistent with this Act. 2000, c. 20, s. 182.
Section 182Verify source
§ 183Section 183Provision

Source excerpt

The fire investigation commissioner in office on 21 December 1983 is ex officio coroner for the case referred to in section 82.

183. The fire investigation commissioner in office on 21 December 1983 is ex officio coroner in the case referred to in section 82. 2000, c. 20, s. 183.
Section 183Verify source
§ 184Section 184Provision

Source excerpt

The five-year term in section 87 does not affect the current term of the fire investigation commissioner.

184. The five-year term specified in section 87 shall not affect the current term of the fire investigation commissioner, which shall continue until the expiry of the term provided. 2000, c. 20, s. 184.
Section 184Verify source
§ 185Section 185Provision

Source excerpt

The Minister of Public Security is responsible for administering this Act.

185. The Minister of Public Security is responsible for the administration of this Act. 2000, c. 20, s. 185.
Section 185Verify source
§ 186Section 186Provision

Source excerpt

186. (Omitted). 2000, c. 20, s. 186.

186. (Omitted). 2000, c. 20, s. 186.
Section 186Verify source
§ —ScheduleRepeal

Source excerpt

Chapter 20 of the statutes of 2000 is repealed, except section 186.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R‐3), chapter 20 of the statutes of 2000, in force on 1 April 2001, is repealed, except section 186, effective from the coming into force of chapter S-3.4 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

  • Act respecting the governance of the health and social services system (chapter G-1.021) or the Act

    Section 115

  • Court of Québec for the issue of a warrant for witness pursuant to articles 274 and 497 of the Code

    Section 114

  • Courts of Justice Act

    Section 90

G–M

1 instrument

  • Municipal Affairs has already exercised the power provided for in either article 618 or 624.1 of the Municipal Code

    Section 31.2

N–S

4 instruments

  • Public Administration Act

    Section 180

  • Public Security is responsible for administering this Act

    Section 185

  • State. 3. This Act

    Section 3

  • Sustainable Forest Development Act

    Sections 150.1, 150.3, 150.8

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.