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Forest Fires Prevention Act
Loi sur la prévention des incendies de forêt

ONTARIO REGULATION 207/96

OUTDOOR FIRES

Consolidation Period:  From January 1, 2016 to the e-Laws currency date.

Last amendment:  O. Reg. 332/15.

This Regulation is made in English only.

Part I
General

1. (1) No person shall start a fire outdoors unless conditions will allow the fire to burn safely from start to extinguishment.  O. Reg. 207/96, s. 1 (1).

(2) No person who starts a fire outdoors shall leave the fire without leaving a person in charge of the fire.  O. Reg. 207/96, s. 1 (2).

(3) A person who starts a fire outdoors or, if the person who started the fire is not present, a person in charge of a fire outdoors shall take all necessary steps to tend the fire, keep the fire under control, and extinguish the fire before leaving the site.  O. Reg. 207/96, s. 1 (3).

2. No person shall start or tend a fire outdoors outside of a restricted fire zone during the fire season unless the person has a permit issued under subsection 5 (1) or all of the following conditions are met:

1. The person is burning piled wood, brush, leaves or discarded wood by-products.

2. A responsible person is available to tend the fire until it is extinguished.

3. The material is burned in a single pile that is less than two metres in diameter and less than two metres high.

4. The fire is started not earlier than two hours before sunset, and is extinguished not later than two hours after sunrise the following day, or earlier.

5. The fire is at least two metres from any flammable materials.

6. The person tending the fire has tools or water adequate to contain the fire within the fire site.  O. Reg. 230/00, s. 1.

3. (1) No person shall make or tend a fire in an incinerator outside of a restricted fire zone during the fire season unless the person either has a permit issued under subsection 5 (1) or all of the following conditions are met:

1. The person is burning wood, brush, leaves or discarded wood by-products.

2. The incinerator is an enclosed device constructed entirely of non-combustible material.

3. The incinerator is at least five metres from any forest area.

4. The incinerator is at least two metres from any flammable materials.

5. The outlet of the incinerator is covered with a screen having a mesh size of not more than five millimetres.  O. Reg. 230/00, s. 1; O. Reg. 64/10, s. 1.

(2) A person who starts a fire in an incinerator shall ensure that a responsible person monitors the fire until it is extinguished.  O. Reg. 230/00, s. 1.

4. (1) No person shall start or tend a fire outdoors outside of a restricted fire zone during the fire season for the purpose of burning grass or leaf litter unless the person has a permit issued under subsection 5 (1).  O. Reg. 230/00, s. 2 (1).

(2) Subsection (1) does not apply to a person starting or tending the fire on property he or she lawfully occupies if,

(a) the total area to be burned does not exceed one hectare;

(b) a responsible person is available to tend the fire until the fire is extinguished;

(c) the length of flaming edge does not exceed 30 metres;

(d) the fire is started two hours before sunset, or later, and is extinguished two hours after sunrise the following day, or earlier; and

(e) the person tending the fire has tools or water adequate to contain the fire within the fire site.  O. Reg. 207/96, s. 4 (2); O. Reg. 230/00, s. 2 (2).

(3) Subsection (1) does not apply to a person who starts or tends a fire with the permission of the person who has lawful occupation of the property on which the fire is started and in respect of which the conditions set out in subsection (2) are met.  O. Reg. 207/96, s. 4 (3); O. Reg. 230/00, s. 2 (3).

5. (1) An officer may issue to a person a fire permit for a fire outdoors or in an incinerator, outside of a restricted fire zone, for the purpose of burning piled wood, brush, leaves, grass, leaf litter or discarded wood products.  O. Reg. 230/00, s. 3.

(2) An officer may issue a permit to a person for a fire outdoors in a restricted fire zone if the officer is satisfied that the fire can be made, tended and extinguished safely, and is necessary for a ceremonial event or because of special circumstances.  O. Reg. 230/00, s. 3.

(3) An officer may make a permit issued under subsection (1) or (2) subject to conditions relating to one or more of the following:

1. Restrictions on the time during which there may be a fire.

2. The requirement that the fire be or not be in a specific location, including the distance that must be maintained from flammable materials.

3. Required fire suppression equipment.

4. The method to be followed to extinguish the fire.

5. Any other factors which the officer reasonably considers to be necessary to ensure that the fire is made and extinguished safely.  O. Reg. 230/00, s. 3.

6. Revoked:  O. Reg. 230/00, s. 3.

7. (1) An officer may suspend or cancel a fire permit and may give notice of the suspension or cancellation to the permittee or, in the absence of the permittee, to the person tending a fire for which the permit was issued.  O. Reg. 207/96, s. 7 (1).

(2) A permittee or a person tending a fire who receives notice of a suspension or cancellation of a fire permit shall immediately extinguish any fire started under the permit.  O. Reg. 207/96, s. 7 (2).

(3) A person to whom a fire permit is issued shall keep it at the location of the activity authorized by the permit.  O. Reg. 207/96, s. 7 (3).

(4) A person tending a fire shall produce the fire permit for the fire to an officer upon request.  O. Reg. 207/96, s. 7 (4).

(5) For the purpose of subsection (3) or (4), a copy of the permit may be substituted for the original.  O. Reg. 207/96, s. 7 (5).

8. Except as provided in sections 8.1 to 8.4, no person shall start or tend a fire outdoors in a restricted fire zone for the purpose of cooking or warmth.  O. Reg. 230/00, s. 4.

8.1 (1) No person shall use a portable stove for cooking or warmth in or outside of a restricted fire zone unless all of the following conditions are met:

1. The stove is at least one metre from any naturally occurring flammable material.

2. The stove is designed to use a liquid or a gas as fuel.

3. A liquid or gas is used as the fuel.

4. The flame in the stove can be extinguished by closing a fuel control valve or by closing the stove.  O. Reg. 230/00, s. 4.

(2) In this section,

“portable stove” means a commercially manufactured portable device used for cooking or warmth. O. Reg. 332/15, s. 2.

8.2 (1) No person shall use a portable or permanent charcoal installation outside of a restricted fire zone for cooking or warmth unless,

(a) the installation is at least one metre from any naturally occurring flammable material; and

(b) the ashes and coals produced through combustion are completely extinguished and safely disposed of.  O. Reg. 230/00, s. 4.

(2) No person shall use a portable or permanent charcoal installation for cooking or warmth in a restricted fire zone unless all of the conditions set out in subsection (1) are met and all of the following conditions are met:

1. The installation is designed to be used for cooking or warmth.

2. The installation is designed to use commercially produced charcoal as fuel.

3. Commercially produced charcoal is used as the fuel.

4. The installation is being used within 100 metres of a permanent structure used as a dwelling.

5. The person setting the fire is on land that he or she lawfully occupies or has permission to set a fire from the person who lawfully occupies the land.  O. Reg. 230/00, s. 4.

(3) No person shall use a portable or permanent charcoal installation for cooking or warmth in a restricted fire zone in a campground described in section 8.7 unless all of the conditions in subsection (1) are met and all of the following conditions are met:

1. The installation is designed to use commercially produced charcoal as fuel.

2. Commercially produced charcoal is used as the fuel.

3. The owner or operator of the campground expressly permits a charcoal installation to be used during a time when the campground is in a restricted fire zone.  O. Reg. 230/00, s. 4.

8.3 (1) No person shall use a wood burning stove or wood burning furnace outdoors outside of a restricted fire zone for cooking or warmth unless all of the following conditions are met:

1. The stove or furnace is at least five metres from any forest area.

2. The stove or furnace is at least two metres from any flammable materials.

3. The area directly under the stove or furnace is bare rock, mineral soil or other non-combustible material extending at least two metres in all directions from the stove or furnace.

4. The stove or furnace,

i. is designed to be used for cooking or warmth,

ii. is designed to use wood as fuel,

iii. is made entirely of non-combustible materials,

iv. encloses the fire on all sides with solid materials, and

v. has working spark arresting devices for all vents and chimneys.

5. Wood is used as the fuel.  O. Reg. 230/00, s. 4; O. Reg. 64/10, s. 2.

(2) No person shall use a wood burning stove or wood burning furnace outdoors in a restricted fire zone for cooking or warmth unless all of the conditions set out in subsection (1) are met and,

(a) the stove or furnace is used within 100 metres of a permanent structure used as a dwelling; and

(b) the person setting the fire is on land that he or she lawfully occupies or has permission to set a fire from the person who lawfully occupies the land.  O. Reg. 230/00, s. 4.

8.4 No person shall set a wood fire in a permanent fire installation in a campground described in section 8.7 in a restricted fire zone unless all of the following conditions are met:

1. The fire is contained in,

i. an above ground fire grate or fireplace that is designed to burn wood safely and that cannot be moved to an unsafe location, or

ii. a pit in the ground that has fireproof walls and is designed to burn wood safely.

2. The fire is at least three metres from any forest area, and the area within the three metre radius is completely free of flammable material.

3. The space immediately above the fire installation is at least three metres from any overhanging vegetation.

4. The owner or operator of the campground expressly permits the fire to be set during a time when the campground is in a restricted fire zone.  O. Reg. 230/00, s. 4; O. Reg. 64/10, s. 3.

8.5 No person shall start a fire outdoors outside of a restricted fire zone during the fire season for cooking or warmth unless all of the following conditions are met:

1. The site of the fire is bare rock or other non-combustible material.

2. The fire is at least one metre from any flammable material.

3. The space above the one metre area around the fire is at least three metres from vegetation.

4. The fire does not exceed one metre in height and one metre in diameter.  O. Reg. 230/00, s. 4.

8.6 No person shall use a portable wood burning stove for cooking or warmth outside of a restricted fire zone unless all of the following conditions are met:

1. The stove is at least one metre from any naturally occurring flammable material.

2. The stove is designed to be used for cooking or warmth.

3. The stove is made entirely of non-combustible materials.

4. The ashes and coals produced through combustion are completely extinguished and safely disposed of before the stove is moved.  O. Reg. 230/00, s. 4.

8.7 A campground referred to in subsection 8.2 (3) and section 8.4 offers camping facilities to the public on a temporary basis and meets all of the following criteria:

1. The campground allows camping only in cabins and designated campsites, and all are accessible by motor vehicle as defined in the Highway Traffic Act.

2. The campground does not allow campfires between 10 a.m. and 7 p.m.

3. The campground clearly posts the hours campfires will be allowed.

4. The campground has printed information on safe campfires and provides it to all of its guests.

5. The campground has adequate equipment to control and extinguish a fire, that can be taken to any campsite or cabin within 10 minutes.

6. The campground has on site at all times staff who are instructed in the location and use of the equipment described in paragraph 5.

7. The campground has reliable two-way telecommunications equipment to allow it to obtain assistance if a fire escapes control.  O. Reg. 230/00, s. 4; O. Reg. 64/10, s. 4.

8.8 For the purpose of sections 8.1, 8.2 and 8.6, a thing is portable if it is designed to be moved from one location to another by muscular power without the aid of any device.  O. Reg. 230/00, s. 4.

9. (1) A person who operates equipment or machinery involved in industrial operations, as defined in subsection 15 (1), forest operations that are subject to the Crown Forest Sustainability Act, 1994 or the processing of forest resources in a forest area during the fire season shall keep a fire extinguisher on the equipment or machinery or within five metres from it.  O. Reg. 207/96, s. 9 (1); O. Reg. 64/10, s. 5; O. Reg. 332/15, s. 3.

(2) The fire extinguisher must be in serviceable condition and be rated at least 6A 80BC.  O. Reg. 207/96, s. 9 (2).

(3) This section does not apply to a person operating a motor vehicle as defined in the Highway Traffic Act or a power saw.  O. Reg. 207/96, s. 9 (3).

10. (1) A person who operates a power saw in a forest area during the fire season shall not start it within three metres from the place where it is fuelled.  O. Reg. 207/96, s. 10 (1); O. Reg. 64/10, s. 6.

(2) A person who operates a power saw in a forest area during the fire season shall not place it on any flammable material while its engine is operating or hot enough to cause combustion.  O. Reg. 207/96, s. 10 (2); O. Reg. 64/10, s. 6.

(3) A person who operates a power saw in a forest area during the fire season shall keep a fire extinguisher available during its operation.  O. Reg. 207/96, s. 10 (3); O. Reg. 64/10, s. 6.

(4) The fire extinguisher must,

(a) be in serviceable condition;

(b) be rated for ABC type fires; and

(c) have a minimum of 225 grams of dry chemical.  O. Reg. 207/96, s. 10 (4).

11. (1) A person who operates equipment or machinery in a forest area during the fire season shall ensure that it is checked daily for any accumulation of flammable material and that any accumulation found is removed.  O. Reg. 207/96, s. 11 (1); O. Reg. 64/10, s. 7.

(2) A person who is removing an accumulation of flammable material under subsection (1) shall ensure that it is disposed of safely.  O. Reg. 207/96, s. 11 (2).

(3) A person who leaves equipment or machinery in a forest area during the fire season while it is not being operated shall ensure that it is placed or left in an area free from any flammable material.  O. Reg. 207/96, s. 11 (3); O. Reg. 64/10, s. 7.

(4) Subsections (1) and (2) apply to a person operating an off-road vehicle as defined in the Off-Road Vehicles Act but do not apply to a person operating any other type of motor vehicle that is licensed under the Highway Traffic Act.  O. Reg. 207/96, s. 11 (4).

12. No person shall alter or modify a muffler or other spark-arresting device attached to a power saw, an off-road vehicle, equipment or machinery operated in a forest area.  O. Reg. 207/96, s. 12; O. Reg. 64/10, s. 8.

Exception to s. 16 (1) of Act

12.1 Subsection 16 (1) of the Act does not apply to a person clearing land in a forest area if, instead of piling and burning all brush, debris, non-merchantable timber and other flammable material cut or accumulated on the land, the person,

(a) mulches or chips the flammable material and disperses the resulting chips or mulch; or

(b) removes the flammable material. O. Reg. 332/15, s. 4.

13. No person shall travel in a restricted travel zone except with the written permission of an officer.  O. Reg. 207/96, s. 13.

14. The parts of Ontario described in the Schedule are declared as a fire region that shall be named the Ontario Fire Region. O. Reg. 332/15, s. 5.

Part II
Industrial Operations

Definitions

15. (1) In this Part,

“fire intensity code” means an alphanumeric rating of the level of fire danger in a forest, as described in subsection 21 (1);

“fire prevention and preparedness plan” means a plan required under section 24;

“fire risk category” means the fire risk categories for industrial operations established under subsection 18 (1);

“forest floor” means organic material above the mineral soil, mostly composed of non-living vegetative material such as leaves, bark, timber debris and litter, that supports but does not include forest vegetation;

“forest fuel” means flammable vegetative material found in a forest area including trees, shrubs, grass, vines, moss, leaves and timber debris and litter;

“heavy machinery” means self-propelled, self-powered or pull-type equipment and machinery weighing 5,000 pounds or more, primarily used for construction, industrial, mining or forestry uses, but does not include a motor vehicle that is licensed under the Highway Traffic Act;

“hot work” means activities that involve machinery or tools that could produce a spark or open flame, and includes thermite welding and other types of welding, cutting and grinding;

“industrial operations” means any of the following operations that are carried out in a forest area as part of an industrial activity described in subsection (2) and not for personal purposes:

1. Harvesting trees and processing them into log lengths, chips, biofuel or lumber.

2. Clearing land of trees or other vegetation.

3. Operation or use, in a forest area, of machinery with metal parts that, in the normal course of operations, may come into contact with rocks or similar material resulting in the creation of a spark or fire.

4. Hot work.

5. Trenching in areas of forest fuels.

6. The use of explosives in or adjacent to forest fuels.

7. Road construction;

“operator” means the person who controls or manages an industrial operation;

“utility corridor” means a linear strip of land to secure access between two points for the purpose of transmitting and distributing hydrocarbons or electrical energy;

“worksite” means the part of a forest area in which industrial operations are performed on any given day or shift. O. Reg. 332/15, s. 6.

(2) The following are the industrial activities referred to in the definition of “industrial operations” in subsection (1):

1. Timber harvesting and timber processing, unless the harvesting or processing is governed by a Forest Management Plan approved under the Crown Forest Sustainability Act, 1994.

2. Mechanical site preparations and other silvicultural treatments, other than those that are governed by a Forest Management Plan approved under the Crown Forest Sustainability Act, 1994.

3. Construction and maintenance of electrical power generation facilities.

4. Construction and maintenance of utility corridors, including any infrastructure that is part of the corridors.

5. Construction and maintenance on railway rights of way, including any infrastructure on the rights of way.

6. Peat harvesting.

7. Mining and mineral exploration. O. Reg. 332/15, s. 6.

Designation

16. (1) Industrial operations are a designated class of operations for the purposes of the Act. O. Reg. 332/15, s. 6.

(2) The owner of an industrial operation carried out in a forest area in a fire region during a fire season shall ensure that operators comply with this Part. O. Reg. 332/15, s. 6.

Application to industrial operations

17. This Part applies to all industrial operations except an industrial operation that is categorized as a low fire risk operation under section 18 or 19. O. Reg. 332/15, s. 6.

Categorization of industrial operations

18. (1) The following fire risk categories are established for industrial operations, each category indicating a different level of risk of industrial operations causing a fire to ignite in a forest area:

1. Very high fire risk operations.

2. High fire risk operations.

3. Moderate fire risk operations.

4. Low fire risk operations. O. Reg. 332/15, s. 6.

(2) The fire risk category for an industrial operation depends on the type of work being carried out at the worksite and on whether the worksite has a stony surface. O. Reg. 332/15, s. 6.

(3) For the purposes of this section, a worksite is considered to have a stony surface if 15 per cent or more of the worksite,

(a) is covered by stones or boulders that are 25 centimetres in diameter or greater at or just below the surface of the soil; or

(b) contains more than one outcropping of bedrock. O. Reg. 332/15, s. 6.

(4) Subject to subsection (6), an industrial operation described in Column 2 of the Table to this section that is carried out on a worksite that does not have a stony surface is categorized as falling in the fire risk category set out in Column 1 of the Table opposite the industrial operation. O. Reg. 332/15, s. 6.

(5) Subject to subsection (6), an industrial operation described in Column 3 of the Table to this section that is carried out on a worksite with a stony surface is categorized as falling in the fire risk category set out in Column 1 of the Table opposite the industrial operation. O. Reg. 332/15, s. 6.

(6) Any industrial operation that is listed as a very high fire risk operation, a high fire risk operation or a moderate fire risk operation under the Table to this section shall be categorized as a low fire risk operation for purposes of this Regulation if,

(a) in the case of an industrial operation other than hot work, the operation is carried out on a road or any other surface composed exclusively of mineral soil, clay or gravel where there is no forest fuel or other continuous flammable material; or

(b) in the case of hot work, the operation is carried out on a surface composed exclusively of mineral soil, clay or gravel where there is no forest fuel or other continuous flammable material within 11 metres of the hot work operation and there is no risk of sparks or embers from the operation extending beyond the area. O. Reg. 332/15, s. 6.

Table
Fire Risk Categories for Industrial Operations

Column 1
Fire Risk Category

Column 2
Industrial operations carried out on worksite without stony surface

Column 3
Industrial operations carried out on worksite with stony surface

Very high fire risk operations

Not applicable

  1. Operation that uses heavy machinery equipped with metal parts that may come into contact with rocks or similar material in the normal course of operation and cause a spark.

  2. Stripping of the surface vegetation and forest floor with heavy machinery.

High fire risk operations

  1. Hot work.

  2. Rail production grinding.

  3. Operation that uses heavy machinery equipped with metal parts that may come into contact with rocks or similar material in the normal course of operation and cause a spark;

  4. Switch crossing grinding.

  5. Geophysical surveys using a power generator.

  1. Hot work.

  2. Rail production grinding.

  3. Blasting of rock or soil without use of blasting mats.

  4. Switch crossing grinding.

  5. Operations using a channel saw where the surface vegetation and forest floor have not been removed up to a distance of at least three metres from the place where the channel saw is being operated on the worksite.

  6. Geophysical surveys using a power generator.

Moderate fire risk operations

  1. Blasting of rock or soil without use of blasting mats.

  2. Delimbing or slashing felled trees with heavy machinery.

  3. Slash piling.

  4. Using a portable saw mill.

  5. Stripping of the surface vegetation and forest floor with heavy machinery.

  6. Drilling operation that does not use water as a coolant or flushing agent and that is carried out in an area that has not been cleared of the surface vegetation and forest floor.

  1. Delimbing or slashing felled trees with heavy machinery.

  2. Using a portable saw mill.

  3. Slash piling.

  4. Building, spreading or shaping the sub-grade with a back hoe or excavator.

  5. Operation using three or more brush saws.

  6. Operation using heavy machinery with rubber tires and no chains.

  7. Drilling operation that does not use water as a coolant or flushing agent and that is carried out in an area that has not been cleared of the surface vegetation and forest floor.

Low fire risk operations

  1. Building, spreading and shaping subgrade with back hoe, excavator or bulldozer.

  2. Gravelling and grading roads.

  3. Stream work: water crossing installation and repairs, bridge work and stream rehabilitation.

  4. Portable chipping.

  5. Loading wood or gravel and hauling.

  6. Operation using chainsaws or brush saws.

  7. Blasting with mats.

  8. Operation using all-terrain vehicles (whether equipped with wheels or rubber tracks).

  9. Operation using heavy machinery with rubber tires and no chains.

10. Manual industrial operations such as tree planting and tending, claim staking, line locating, surveying and manual stripping.

11. Pitting and trenching with mechanical equipment, including the use of a channel saw, where the surface vegetation and forest floor have been removed up to at least three metres from the site.

12. Drilling operation that uses water as a coolant or flushing agent or that is carried out in an area that has been cleared of the surface vegetation and forest floor.

13. The following railway operations: surfacing, tie installation, undercutting, gauging, spiking and gophering.

  1. Gravelling and grading roads.

  2. Bulldozer flattening of sub-grade (mineral soil).

  3. Stream work: water crossing installation and repairs, bridge work and stream rehabilitation.

  4. Portable chipping.

  5. Loading wood or gravel and hauling.

  6. Operation using chainsaws or no more than two brush saws.

  7. Blasting with mats.

  8. Operation using all-terrain vehicles (whether equipped with wheels or rubber tracks).

  9. Manual industrial operations such as tree planting and tending, claim staking, line locating, surveying and manual stripping.

10. Pitting and trenching with mechanical equipment, including the use of a channel saw, where the surface vegetation and forest floor have been removed up to at least three metres from the site.

11. Drilling operation that uses water as a coolant or flushing agent or that is carried out in an area that has been cleared of the surface vegetation and forest floor.

12. The following railway operations: surfacing, tie installation, undercutting, gauging, spiking and gophering.

O. Reg. 332/15, s. 6.

Actions to lower fire risk category

19. (1) Despite section 18, if an operator ensures that all of the measures described in subsection (2) are implemented at a worksite for an industrial operation, the fire risk category for the industrial operation shall be lowered as follows for the purposes of this Regulation:

1. An industrial operation that was categorized as a very high fire risk operation under section 18 shall be re-categorized as a moderate fire risk operation.

2. An industrial operation that was categorized as a high fire risk operation or a moderate fire risk operation under section 18, other than an industrial operation referred to in paragraph 3 shall be re-categorized as a low fire risk operation.

3. Hot work, rail production grinding and switch crossing grinding that are categorized as high fire risk operations under section 18 shall be re-categorized as moderate fire risk operations. O. Reg. 332/15, s. 6.

(2) The following are the measures that an operator must implement at a worksite for the purposes of subsection (1):

1. The worksite must be soaked with water or with a fire suppression foam mixture before the operations begin and after the operations are completed for the day and must be kept in a wet condition during operations.

2. At least one worker must be assigned to monitor the worksite while the industrial operations are being carried out to watch for sparks or other signs that a fire has been ignited and to take immediate actions to halt the spread of fire if it is safe to do so.

3. At least one worker must be employed to actively patrol the worksite for at least one hour after the operations are completed for the day and to extinguish any fires he or she may find if it is safe to do so.

4. Workers engaged in monitoring or patrolling a worksite under paragraph 2 or 3 must be equipped with telephones or other devices capable of immediate two-way communication with the local fire management headquarters and ensure that any fires that may occur are immediately reported to the Ministry.

5. Workers conducting hot work operations must put in place non-combustible screens designed and able to catch any and all material capable of producing fire ignitions. O. Reg. 332/15, s. 6.

Forest Fire Fuel Groups

20. (1) The following five forest fire fuel groups are established for the purposes of this Regulation:

1. Fuel Group 1, consisting of deciduous species and live grass-dominated stands.

2. Fuel Group 2, consisting of deciduous-dominated mixed woods (less than 35% conifer), spruce-lichen woodlands, mature red and white pine, conifer on peat or organic soil.

3. Fuel Group 3, consisting of mixed woods (between 35% to 64% conifer), mature jack-pine, self-thinned and pruned spruce.

4. Fuel Group 4, consisting of mature upland boreal spruce without conifer understory, conifer plantations and mixed wood stands (more than 64% conifer).

5. Fuel Group 5, consisting of mature upland boreal spruce with conifer understory, immature conifer, mixed wood stands with dead balsam fir, cured grass and slash-dominated sites. O. Reg. 332/15, s. 6.

(2) The operator of an industrial operation shall examine the vegetation at the operation’s worksite to classify the type of vegetation as one of the five forest fire fuel groups referred to in subsection (1). O. Reg. 332/15, s. 6.

(3) In order to classify the vegetation at a worksite as a forest fire fuel group, an operator shall follow the procedures set out in Appendix C (Forest Fire Fuel Group Decision Keys) of the document entitled “Industrial Operations Protocol”, dated September 20, 2015, published by the Ministry and available from the Ministry or on a website maintained by the Government of Ontario and apply any applicable modifications or adjustments to those procedures described in the document. O. Reg. 332/15, s. 6.

(4) Throughout the fire season, the operator shall carry out as many examinations and re-classifications of the vegetation at a worksite in a forest area as are necessary to account for seasonal changes and changes to the location of the worksite. O. Reg. 332/15, s. 6.

Fire intensity codes

21. (1) For the purposes of this Regulation, the following five fire intensity codes are established, each code indicating a different rate with which a fire would burn and a different level of difficulty in controlling or suppressing a fire, thus a different overall level of fire danger:

1. Fire intensity code A (Extreme fire danger).

2. Fire intensity code B (Very high fire danger).

3. Fire intensity code C (High fire danger).

4. Fire intensity code D (Moderate fire danger).

5. Fire intensity code E (Low fire danger). O. Reg. 332/15, s. 6.

(2) The Ministry shall, on a daily basis,

(a) gather meteorological data from Ministry weather stations throughout the province and develop weather forecasts for every area to which a weather station is assigned;

(b) based on the gathered meteorological data, determine, for each Ministry weather station, the following day’s fire intensity codes applicable to every forest fire fuel group referred to in subsection 20 (1); and

(c) prepare a fire intensity code report containing all of the fire intensity codes for the following day determined under clause (b) and make the report available to the public by,

(i) publishing the report on a website of the Government of Ontario, and

(ii) leaving the information contained in the report in a recorded telephone message at the local fire management headquarters that can be accessed by callers. O. Reg. 332/15, s. 6.

(3) For the purposes of clause (2) (b), fire intensity codes shall be determined in accordance with the process described in section 3.4 of the document entitled “Industrial Operations Protocol”, dated September 20, 2015, published by the Ministry and available from the Ministry or on a website maintained by the Government of Ontario. O. Reg. 332/15, s. 6.

Daily determination of fire danger

22. (1) Every day, an operator who carries out an industrial operation in a forest area during the fire season shall,

(a) consult the fire intensity code report for the next day once it has been made available to the public by the Ministry under clause 21 (2) (c); and

(b) determine which of the fire intensity codes contained in the Ministry report applies to both the weather station nearest to the operation’s worksite and the forest fire fuel group present at the worksite as identified by the operator under subsection 20 (2). O. Reg. 332/15, s. 6.

(2) Subsection (1) does not apply to an operator until the Ministry weather station nearest to the operation’s worksite begins operations for the fire season. O. Reg. 332/15, s. 6.

(3) Subsection (1) does not apply to an operator if the operator and the industrial operation meet the following criteria:

1. The operator has installed a weather station in the area in which the operator is carrying out industrial operations that meets the standards for measuring temperature, relative humidity, precipitation and wind speed set out in the document entitled “Weather Guide for the Canadian Forest Fire Danger Rating System”, dated 2008, published by Natural Resources Canada and available on a website maintained by the Government of Canada.

2. The workers at the operator’s worksite carry out the following tasks each day during the fire season:

i. At 13:00 hours, take accurate readings or measurements of the temperature, relative humidity, wind speed and precipitation values from the weather station installed by the operator.

ii. Access the “Fire Weather Forecast Map” published by the Ministry on a website maintained by the Government of Ontario that sets out the next day’s forecasted weather conditions.

iii. Follow the process for determining the next day’s fire intensity codes, as that process is described in section 3.4 of the document entitled “Industrial Operations Protocol”, dated September 20, 2015, published by the Ministry and available from the Ministry or on a website maintained by the Government of Ontario.

iv. Keep accurate records, for a five-year period, of the daily weather observations, forecasted weather conditions and fire intensity codes, including any fire weather indices that may be determined as part of the process for determining the fire intensity codes. O. Reg. 332/15, s. 6.

(4) The operator shall use the fire intensity code determined each day under subsection (1) or (3),

(a) as an indicator of the overall fire danger and of how a fire could behave should it ignite in a forest area; and

(b) to determine the precautions that should be applied to the next day’s operations to prevent a fire from igniting in the forest area as a result of the industrial operations being carried out, including any modifications to the next day’s operations that may be required under section 23. O. Reg. 332/15, s. 6.

Modifying hours of operation

23. (1) Based on the fire risk category of an industrial operation and the fire intensity code determined under section 22 for the industrial operation’s worksite on any given day, the operator of the industrial operation shall ensure that the hours of operation for the next day are adjusted as required under this section. O. Reg. 332/15, s. 6.

(2) This section does not apply to an industrial operation relating to the construction or maintenance of utility corridors or railway rights of way if those operations are immediately necessary to ensure public safety or, due to exigent circumstances, to comply with the law and if the following conditions are met:

1. The operator has prepared a fire prevention and preparedness plan in accordance with section 24 that contains provisions relating to the conduct of such operations and specifies the steps to be taken to minimize the risk of fire and to monitor the site.

2. The operator is carrying out operations in accordance with the fire prevention and preparedness plan.

3. The operator reports the location of the operations and the circumstances in which they are being carried out to the local fire management headquarters. O. Reg. 332/15, s. 6.

(3) If an industrial operation that falls within a fire risk category set out in Column 1 of the Table to this subsection does not meet the requirements for a trained and capable industrial operation as described in subsection (5) and plans on a given day to carry out operations in a forest area to which a fire intensity code set out opposite in Column 2 of the Table applies for that day, then, on that day, the operator shall ensure that operations are shut down or that the hours of operation are reduced as indicated in Column 3 of the Table:

Table
Requirement to shut down or Reduce hours of operation
(not trained and capable operations)

Column 1

Fire Risk Category

Column 2

Fire Intensity Code

Column 3

Reduction of hours

Very high risk operation

A, B or C

Shut down operations

High risk operation

A or B

Shut down operations

High risk operation

C

No operations between 12:00 and 19:00 hours local time

Moderate risk operation

A

Shut down operations

Moderate risk operation

B

No operations between 12:00 and 19:00 hours local time

 O. Reg. 332/15, s. 6.

(4) If an industrial operation that falls within a fire risk category set out in Column 1 of the Table to this subsection meets the requirements for a trained and capable industrial operation as described in subsection (5) and plans on a given day to carry out operations in a forest area to which a fire intensity code set out opposite in Column 2 of the Table applies for that day, then, on that day, the operator shall ensure that operations are shut down or that the hours of operation are reduced as indicated in Column 3 of the Table:

Table
Requirement to shut down or Reduce hours of operation
(Trained and capable operations)

Column 1

Fire Risk Category

Column 2

Fire Intensity Code

Column 3

Reduction of hours

Very high risk operation

A

Shut down operations

Very high risk operation

B

No operations between 08:00 and 22:00 hours local time

Very high risk operation

C

No operations between 12:00 and 19:00 hours local time

High risk operation

A

No operations between 08:00 and 22:00 hours local time

High risk operation

B

No operations between 12:00 and 19:00 hours local time

Moderate risk operation

A or B

No operations between 12:00 and 19:00 hours local time

 O. Reg. 332/15, s. 6.

(5) For the purposes of subsections (3) and (4), an industrial operation is considered to be a trained and capable industrial operation if,

(a) the operator has prepared a fire prevention and preparedness plan in accordance with section 24, is following the plan and has equipped the worksite with the fire suppression equipment required under section 26;

(b) at least one person at the operation’s worksite is equipped with a telephone or other device capable of immediate two-way communication with the local fire management headquarters and other workers at the worksite are capable of contacting that person at all times; and

(c) at least 25 per cent of the persons working at the operation’s worksite have received forest fire suppression training using training material prepared by the Ministry. O. Reg. 332/15, s. 6.

(6) On any day that an operator of an industrial operation is required to reduce hours under subsection (3) or (4), the operator shall ensure that at least one worker, equipped with a telephone or other device capable of immediate two-way communication with the local fire management headquarters, patrols the area in which operations were carried out for at least one hour after operations cease and extinguishes any fire that the worker finds if it is safe to do so. O. Reg. 332/15, s. 6.

(7) If an operator is required to shut down operations on any day under subsection (3) or (4), the operator shall,

(a) shut down operations at 06:00 hours local time on the day in question;

(b) not begin operations until the requirement to shut down operations no longer applies; and

(c) ensure that at least one worker, equipped with a telephone or other device capable of  immediate two-way communication with the local fire management headquarters, patrols the worksite for signs of fire or smoke for at least one hour after operations cease and extinguishes any fire that the worker finds if it is safe to do so. O. Reg. 332/15, s. 6.

(8) Workers engaged in patrolling and monitoring a worksite under subsection (6) or (7)  must report any fires to the Ministry immediately upon discovering the fires. O. Reg. 332/15, s. 6.

Fire prevention and preparedness plan

24. (1) The operator of an industrial operation shall prepare a fire prevention and preparedness plan for the industrial operation in accordance with this section. O. Reg. 332/15, s. 6.

(2) This section does not apply to an industrial operation consisting of forest operations that are subject to a Forest Management Plan approved under the Crown Forest Sustainability Act, 1994. O. Reg. 332/15, s. 6.

(3) The fire prevention and preparedness plan shall be completed before the industrial operations are undertaken and shall be provided to the Ministry upon request. O. Reg. 332/15, s. 6.

(4) A copy of the fire prevention and preparedness plan shall be kept at every worksite for the industrial operation. O. Reg. 332/15, s. 6.

(5) A fire prevention and preparedness plan shall include,

(a) the name, phone number, address and other contact information of the operator of the industrial operation;

(b) the name, phone number and address of the local fire management headquarters;

(c) a description of the type of operations to be carried out, the location where the operations are to be carried out and the fire risk category of the operations, as determined under section 18;

(d) details of any fire prevention measures that the operator has put in place including,

(i) any training programs or other programs or actions to prevent fires being caused by the industrial operations,

(ii) a description of the procedures that will be followed to assess fire danger at the operation’s worksite and to modify operations in accordance with section 23 in order to reduce the risk of igniting a fire, and

(iii) details of any plans or procedures to monitor for the outbreak of fires, such as any patrols of the operation’s worksite that are to be carried out during or after the end of operations where operations are shut down or modified in accordance with section 23; and

(e) details of any measures that the operator has put in place in case of a fire including,

(i) fire suppression training that is provided to employees carrying out the industrial operations,

(ii) a description and location of fire suppression equipment present in the area in which operations are being carried out, including the equipment required under section 26,

(iii) actions to be taken when a fire is detected, including communications plans,

(iv) the names of individuals and organizations to be contacted in case of a fire, including the local fire management headquarters, and

(v) measures to ensure that a fire does not escape beyond the area in which operations are being carried out. O. Reg. 332/15, s. 6.

Plan for utility corridors, etc.

25. (1) Every power distribution or transmission company, railway company and other person or entity responsible for the construction and maintenance of a utility corridor or a railway right of way shall prepare a vegetation management plan for the corridor or right of way that shall include the following:

1. The location of all utility corridors or railway rights of way for which it is responsible.

2. Reasonable steps to be taken to ensure that vegetation on the corridors or rights of way is managed to minimize the risk of fire ignition.

3. A schedule for vegetation management activities. O. Reg. 332/15, s. 6.

(2) A vegetation management plan shall be made available to the Ministry upon request. O. Reg. 332/15, s. 6.

Fire suppression equipment

26. (1) The operator of an industrial operation shall ensure that,

(a) the fire suppression equipment required under this section is available while conducting operations;

(b) the fire suppression equipment required under this section is in serviceable condition; and

(c) there are persons involved in carrying out the operations who are able to operate the fire suppression equipment. O. Reg. 332/15, s. 6.

(2) In this section,

“backpack pump” means a container with a minimum of 18 litres of water which is equipped with a serviceable single action hand pump to disperse the water;

“pumping unit” means a unit consisting of,

(a) a water pump not affixed to another machine that is capable of maintaining a minimum pressure of 60 pounds per square inch when used with a nozzle with a half inch opening attached directly to the pump,

(b) a toolbox, containing nozzles with assorted tip sizes, wyes, stranglers, hose wrenches, spark plugs and assorted hand tools such as screw drivers and pliers,

(c) a minimum of 20 litres of fuel appropriate to operate the pump,

(d) one intake hose that is a minimum of eight feet long with a foot valve, and

(e) one and a half inch fire hoses measuring in total a minimum of 2,400 feet in length;

“water delivery system” means a system consisting of a water supply, a water pump or equivalent means of pressurizing water and the hoses, attachments and tools necessary for the operation and maintenance of the system that is mounted on a machine that can deliver water to any place on a worksite. O. Reg. 332/15, s. 6.

(3) If heavy machinery is being operated at a worksite, the following fire suppression equipment is required:

1. One backpack pump located either directly on the heavy machinery or within 30 metres of where heavy machinery is used or one water delivery system with a minimum of a 100 litre water supply located directly on the heavy machinery.

2. A fire equipment cache containing at least one pumping unit and three shovels located centrally for worksites within a 10 kilometre radius or less of each other in which,

i. six or more pieces of heavy machinery with tire chains, metal tracks or skids are being operated, or

ii. 10 or more pieces of heavy machinery are being operated. O. Reg. 332/15, s. 6.

(4) If hot work is carried out at an operation’s worksite, a backpack pump shall be located within three metres of where the hot work is carried out. O. Reg. 332/15, s. 6.

(5) If rail cutting, welding or grinding, thermite welding or switch crossing grinding is carried out at a worksite, the following fire suppression equipment is required:

1. If the fire intensity code for the worksite is determined to be Code D or E, one backpack pump located within three metres of the activity.

2. If the fire intensity code for the worksite is determined to be Code A, B or C, one backpack pump located within three metres of the activity and one water delivery system with a minimum of a 340 litre water supply located at the place of the activity. O. Reg. 332/15, s. 6.

(6) If a rail production grinder is being operated at a worksite, one water delivery system with a minimum of a 3,750 litre water supply and four backpack pumps shall be located where the rail production grinder is operating. O. Reg. 332/15, s. 6.

Schedule
Ontario Fire Region

All that land in the territorial Districts of Algoma, Cochrane, Kenora, Manitoulin, Nipissing, Parry Sound, Sudbury, Thunder Bay, Rainy River and Timiskaming, and the Counties of Bruce, Grey, Frontenac, Haliburton, Hastings, Lennox and Addington, Peterborough, Lanark, Renfrew and Simcoe, and in the District Municipality of Muskoka, and in the City of Kawartha Lakes in the Province of Ontario, being composed of those parts of the said territorial districts, counties, District Municipality and City designated as Zones 1 to 36, both inclusive, on a plan known as Ontario Fire Region, Restricted Fire Zones, filed on August 6, 2015 with the Office of the Surveyor General in the Ministry of Natural Resources and Forestry.

O. Reg. 332/15, s. 7.

Schedule 3 Revoked:  O. Reg. 230/00, s. 5.