Communiqué 2023-1: Notification of fires and explosions

February 17

On February 17, 2023, the Fire Marshal of Ontario issued directive 2023-001: Notification of fires and explosions which now supersedes Fire Marshal directive 2019-002 issued July 10, 2019.

The intent of Fire Marshal directive 2023-001 is to provide clarification to assistants to the Fire Marshal on the reporting of fire incidents in support of the prescribed responsibilities, powers and duties of the Fire Marshal under the Fire Protection and Prevention Act (FPPA).

Changes provide assistants to the Fire Marshal with a better understanding of their roles and responsibilities for notifying the Office of the Fire Marshal (OFM) of fires and explosions. This includes:

  1. Notifications involving a fatality, life threatening injury, or explosion will be evaluated 24/7 for determination of OFM investigation requirements, and deployment of OFM fire investigation staff.
  2. All other incidents will be evaluated from 7:30 a.m. – 9 p.m. for a determination of investigation requirements. Calls received between 9 p.m. and 7:30 a.m. (which do not meet the immediate notification criteria) shall be deferred by the Provincial Emergency Operations Centre (PEOC) until after 7:30 a.m. the next morning.

The directive will be made available via the OFM’s SharePoint site.

Enquiries regarding directive 2023-001 may be directed to the Office of the Fire Marshal via email to askofm@ontario.ca or by fire services to their fire protection adviser.

Topic: Notification of fires and explosions

This directive is issued under clause 9. (1) (b) of the FPPA, and supersedes Fire Marshal directive 2019-002 issued July 10, 2019.

Background

It is the responsibility of every assistant to the Fire Marshal to follow the Fire Marshal’s directives as set out in subsection 11.(1) of the FPPA.

Under clause 9. (2) (a) of the FPPA, it is a duty of the Fire Marshal to investigate the cause, origin, and circumstances of any fire or of any explosion or condition that in the opinion of the Fire Marshal might have caused a fire, explosion, loss of life, or damage to property. In order to carry out this duty, the Fire Marshal must be notified of those specified incidents. This directive establishes the reporting duties for assistants to the Fire Marshal.

Directive to notify

All assistants to the Fire Marshal shall notify forthwith the Provincial Emergency Operations Centre duty officer, OFM at Toll-free: 1-800-461-2281 of all incidents that meet or that appear to meet one or more of the following criteria. Note that this directive does not restrict the ability of assistants to the Fire Marshal to contact the PEOC for any fire or explosion for which they desire consultation. Further, they may contact the PEOC for fires or explosions of unusual cause, origin, or circumstances which may be of interest to the OFM:

  • Fires or explosions resulting in a fatality.
  • Fires or explosions requiring person(s) to be admitted with life threatening injury as in-patient(s) to a hospital (it is the responsibility of the fire department to make every reasonable effort to confirm the status of injured persons transported to hospital prior to the release of the fire scene). The local fire department shall record the efforts taken to obtain information regarding the status of a patient admitted to the hospital which may include inquiries to local hospital, paramedic services, and/or police agency.
  • An assistant to the Fire Marshal must report a fire incident as soon as they become aware of the incident if it involves a person who was taken to the hospital due to an exposure and/or injury sustained as a result of the fire.
  • Explosions (where the explosion is suspected or known to be the primary event).
  • Fires or explosions suspected of being incendiary (criminal). Discretion to notify the Office of the Fire Marshal may be used: when the cause, origin, and circumstances has been determined; when there is no impact to a building(s); or, in circumstances where there is no clear threat to life. These types of fires include dumpster fires, car fires and wildland fires. Note that car fires are only investigated if suspected of being involved in a serious incident (homicide, robbery, etc.), fatal, or life-threatening injury. The OFM does not investigate if the fire is the result of a motor vehicle collision that does not include any of the other above criteria. All incendiary fires and explosions must be reported to the police authority having jurisdiction.
  • Fires or explosions where the loss is significant to the community. The local authority having jurisdiction has the discretion of which method they choose to classify a significant loss. Note that significant loss is classified as being at least either $1M or twice the residential average sale price for that community. The local authority having jurisdiction has the discretion of which method they choose to classify a significant loss.

    Examples of: “significant to the community” may include, but are not limited to, fires at religious institutions or fires that appear to have been intentionally set and targeted towards a certain type of establishment.
  • Fires or explosions involving circumstances that may result in widespread public concern (for example, environmental hazard).
  • Fires or explosions in multi-unit residential occupancies where the fire spread or the explosion impacted multiple units or where suspected Fire Code violations have directly impacted the circumstances of the event.
  • Fires or explosions involving clandestine and illegal drug operations, cannabis/marijuana grow operations.

Roles and responsibilities

  1. Fire departments should call once all suppression activities are at the stage that someone is available on-scene to provide detailed information/date.
  2. Fire departments shall advise the PEOC if they are requiring OFM assistance or if the information is being provided for notification only because it meets the aforementioned criteria.
  3. Fire and explosion investigation protocols require that the security of the scene be maintained prior to the arrival of an OFM or police investigator. When a fire investigation is assigned to an investigator, it is the responsibility of the fire department to provide all necessary documents, including but not limited to, firefighter statements, dispatch chronology, incident commander report detailing suppression and overhaul activities, and fire prevention files as required by the investigator. 
  4. Fire departments may hire a third party licenced security company to secure the scene when the fire is believed “non-suspicious” or “non-criminal”. 
  5. In order to ensure investigative integrity for various investigative agencies that may be involved, assistants to the Fire Marshal are advised that media requests should be coordinated by all respective responsible agencies. Matters that are beyond the authority of the responding fire department should be deferred to the lead investigating agency. 

Note: There is no requirement for a local fire service to report a fire incident that they were not dispatched to.

Office of the Fire Marshal, fire investigation services response

  1. All notifications involving a fatality, life threatening injury, or explosion will be evaluated 24/7 for determination of OFM investigation requirements, and deployment of OFM fire investigation staff.
  2. All other incidents will be evaluated from 7:30 a.m. – 9 p.m. for a determination of investigation requirements. Calls received between 9 p.m. and 7:30 am (which do not meet the immediate notification criteria) shall be deferred by PEOC until after 7:30 a.m. the next morning.

When an OFM response is deferred to the next day, the PEOC duty officer will inform the caller that:

  • The OFM will be notified at 7:30 a.m.
  • The OFM duty manager or duty supervisor will determine investigation requirements.
  • All steps shall be taken by the fire service/police to secure the scene if the fire department or police are requesting the assistance of a fire investigator.

An OFM manager is available after regular business hours to deal with circumstances that call for direct consultation with the OFM.

Special consideration — fires of a potential criminal nature

Findings of an OFM investigation such as cause, origin, and circumstance may assist the local police in determining whether a fire is criminal in nature. In the event that a scene is potentially criminal in nature, the police are the lead agency, and they may liaise directly with the OFM. The OFM will make reasonable effort to advise the local fire department when this occurs.

OFM, notification by police agencies and/or Indigenous communities

Police agencies and/or Indigenous communities may directly notify the OFM of incidents through the PEOC as well as the local fire department if not involved in the incident.

When the local fire department is on scene, the police should be communicating with them to determine whether a call has already been made to the PEOC.

Rationale

This directive provides direction to assistants to the Fire Marshal on the reporting of fire incidents in support of the prescribed responsibilities, powers, and duties of the Fire Marshal under the FPPA.

Jon Pegg
Fire Marshal
January, 2023

Communiqué 2023-2: Amendments to O. Reg. 144/20

March 1

On February 28, 2023, amendments to O. Reg. 144/20 made under the Fire Protection and Prevention Act came into force.

The amended regulation extends measures that exempt temporary health or residential facilities from compliance with certain requirements of the Fire Code until March 31, 2024.

Provisions introduced in 2022, which clarify how the Fire Code applies to buildings containing temporary health or residential facilities, remain in force. Specifically, these provisions establish that while temporary health or residential facilities are exempt from Fire Code requirements that might compel building upgrades, those facilities continue to be subject to other requirements, including those applicable to buildings containing vulnerable occupants.

The amendments to O. Reg. 144/20 are aligned with changes made to the Ontario Building Code through O. Reg. 31/23. Together, these measures will facilitate continued flexibility in Ontario’s health and shelter systems in support of COVID-19 pandemic recovery efforts.

Fire services with enquiries regarding O. Reg. 144/20 may contact their Fire Protection Adviser or email askofm@ontario.ca.

Communiqué 2023-3: Municipal reimbursement program for emergency response into unincorporated Ontario

April 28

On March 19th, 2022, the government launched a program to reimburse municipalities for emergency responses in unincorporated Ontario in areas that are not already protected by a fire service. The criteria to reimburse/not reimburse has since been enhanced to acknowledge the wide and varying types of responses that are being undertaken by municipal fire services.

The following emergency response call types may be eligible for reimbursement:

  • on roads that are not considered provincial highways by the Ministry of Transportation:
    • motor vehicle collisions
    • hazmat
    • vehicle fires
  • false alarms
  • public hazard assistance calls:
    • carbon monoxide incidents
    • public utility incidents
    • electrical utility incidents
    • natural, propane or other gas utility incidents
  • structure fires
  • rescue (defined as an emergency incident that primarily involves activities directed at locating and rescuing endangered persons and removing those persons to a safe location, this could also include, but is not limited to, the provisions of emergency medical care)
  • the provisions of any emergency services listed above, within a provincial park in unincorporated Ontario

The following call types are not eligible for reimbursement under the program:

  • any call into an area where an established fire department is responding
  • any mutual aid or automatic aid calls
  • any calls to attend a federal park
  • any calls to attend a provincial park that lies within your municipal jurisdiction
  • any call to an area or location with a Fire Protection Agreement in place with the municipality making a claim through Transfer Payment Ontario
  • any call for which another government funded agency has established a separate reimbursement process for responses by the municipality, (i.e. responses covered by the Ministry of Northern Development, Ministry of Transportation or Hydro One)
  • tiered medical response, first response, medical response

To be consistent with the Ministry of Transportation response rates, effective November 1st, 2022, the rates have increased from $509.89 to $543.03 per apparatus for any portion of the first hour, and from $254.95 to $271.52 for each 30-minute increment per apparatus after the first hour.

Important dates

  • Applications for reimbursement for any emergency response calls that occur between March 14th, 2023 – March 17th, 2024, will be able to be submitted starting June 1st, 2023, and must be submitted by March 24th, 2024.

Municipalities who are interested in participating in the reimbursement program administered through the Office of the Fire Marshal are encouraged to request a copy of the required Transfer Payment Agreement from their local Fire Protection Adviser and visit the Ontario Government funding opportunities site to apply.

For all enquiries related to the reimbursement program, please contact your local Fire Protection Adviser.

Communiqué 2023-4: Constable Joe Macdonald Public Safety Officers’ Survivors Scholarship Fund

May 25

The Constable Joe Macdonald Public Safety Officers’ Survivors Scholarship Fund was established in 1997 to recognize the tremendous sacrifice made by our public safety officers and their families to keep Ontario safe. The scholarship is available to spouses and children of public safety officers killed in the line of duty. The scholarship may be used for tuition, textbooks and eligible living expenses for programs leading to a degree or a diploma at an approved Canadian post-secondary educational institution.

The purpose of the present communiqué is to inform you of the availability of the scholarship and to provide information on how to obtain an application form and application guidelines. Please note that the due date for submission of applications is June 15, 2023.

For the purpose of the scholarship, “public safety officers” includes all firefighters (full-time, part-time and volunteer) as defined in subsection 1(1) of the Fire Protection and Prevention Act, 1997.

Please forward information about the scholarship to the attention of the appropriate areas and/or persons for distribution.

All enquiries regarding the scholarship and the application process should be sent to Yoko Iwasaki by email at or by phone at 647-532-8149.

Anyone who meets the criteria for this scholarship and wishes to obtain both the application guidelines and/or the application form (English or French) should also contact Yoko.

Additionally, written enquiries can also be sent to her attention at the address below:

Yoko Iwasaki, Community Safety Analyst
Program Development Section
External Relations Branch, Public Safety Division
Ministry of the Solicitor General
25 Grosvenor Street, 12th floor
Toronto, Ontario M7A 2H3

Grant funding is subject to the ministry receiving the necessary appropriation from the Ontario Legislature.

Communiqué 2023-5: Public consultation on the next edition of the Ontario Fire Code

May 29

On May 29, 2023, the Ministry of the Solicitor General posted a series of proposed changes to the Ontario Fire Code on the Ontario Regulatory Registry for a 45-day public consultation period.

The ministry is seeking feedback on the proposed code changes and input on potential costs and impacts related to these proposals. The approach for the 2023 Ontario Fire Code focuses on changes that:

  • improve harmonization with the 2020 National Fire Code
  • align with recent changes to the Ontario Building Code
  • strengthen fire safety by addressing known fire safety risks
  • include administrative, consequential, and minor technical amendments

The government has committed to bringing into force an updated version of the Ontario Fire Code by March 2024, as part of its efforts to reduce red tape and barriers through more coordinated development of construction codes at the federal and provincial/territorial levels.

Fire service stakeholders are encouraged to participate in this important public consultation and help shape the next edition of the Ontario Fire Code.

Communiqué 2023-6: Amendments to the Fire Protection and Prevention Act, 1997

June 23

On June 8, 2023, the Ontario government’s Strengthening Safety and Modernizing Justice Act, 2023 received Royal Assent, introducing amendments to the Fire Protection and Prevention Act, 1997 (FPPA) regarding deputy Fire Marshals, Fire Safety Commission operations and cost recovery.

Amendments made to the FPPA are now in force and are summarized below:

  • Section 8 has been amended to allow for the appointment of more than one Deputy Fire Marshal.
  • Section 26 has been amended to provide the Fire Safety Commission (FSC) with the authority to extend the time to appeal an order beyond the 30-day period if the FSC is satisfied that there are reasonable grounds for an extension.
  • Section 36(3)(b) has been amended to allow the FSC to consider how costs appealed by a property owner may relate to fire department actions taken to immediately close lands or premises under the provisions of section 21(2)(b).
  • Sections 38(1) and 39(1) have been amended to further support recovery of costs incurred by municipalities or the province for actions taken to immediately close lands or premises under the provisions of section 21(2)(b).
  • Section 58(4) has been amended to allow for proceedings before the FSC to be heard and determined by a panel consisting of one or more members of the Commission.

These amendments enhance executive capacity at the Office of the Fire Marshal, increase operational efficiency at the FSC, and close gaps in the FPPA regarding cost recovery.

If you have any questions regarding these FPPA amendments, please contact your local fire protection adviser.

Communiqué 2023-7: Mandatory Blood Testing Act and the Laboratory and Specimen Collection Centre Licensing Act

June 30

I am writing to inform you of upcoming legislative and regulatory changes to the Mandatory Blood Testing Act (MBTA) and the Laboratory and Specimen Collection Centre Licensing Act.

These changes will allow police officers, firefighters, those employed in correctional institutions, victims of crime and other prescribed groups (i.e. applicants) to sooner verify if they have been exposed to certain communicable diseases (e.g, HIV, and Hepatitis B and C).

Consultations were undertaken in Fall 2018 to identify concerns stakeholders had with the existing MBTA process, and to develop the necessary amendments to enact change. Additionally, the mandatory blood testing process will be modernized through improved timelines, enforcement, provincial oversight, and service delivery changes.

Below is a summary of how the changes will affect the current MBTA process:

  • Shorten the time for respondents (i.e. individuals who have come into contact with an applicant) to comply with the Consent and Capacity Board (CCB) order from 7 to 2 business days.
  • Lengthen the time from exposure to application from 7 to 30 calendar days to allow applicants more time to decide whether to file an MBTA application.
  • Remove the mandatory 2-day voluntary process, though the medical officers of health would still attempt to contact the respondent to see if they would voluntarily provide a blood sample or other evidence of his or her seropositivity.
  • Add a requirement for immediate referral of an application to the CCB by the Ministry of Health.
  • Increase maximum penalties to $10,000 for every day on which the offence occurs (up from $5,000 per day) and add a term of up to 6 months imprisonment.
  • Provide express authority to the Superior Court to order police assistance in enforcing a testing order (i.e. police officer present during blood draw).

These changes will take effect on July 1, 2023.

Every day, firefighters and other first responders put their lives on the line to protect the people of Ontario. In turn, the government recognizes the importance of faster access to information that can help first responders, emergency personnel and others decide the best way to reduce the possibility of illness, should there be exposure to serious diseases.

These legislative and regulatory changes aim to implement safeguards that protect the health and safety of those who protect our communities and those who have been victims of crime.

If you have any questions regarding these changes, please direct them to idpp@ontario.ca. I would also encourage you to share this communication with members of your department so that they understand the changes put in place to help protect their health and safety.

Communiqué 2023-8: Notification of fires and explosions involving lithium batteries

July 18 - amended August 8

The Office of the Fire Marshal (OFM) has been deployed to investigate the origins, causes and circumstances of several fires involving lithium batteries in recent years. These fires vary in size and may not meet the notification criteria contained within Fire Marshal’s Directive 2023-001: Notification of Fires and Explosions. The severity and the number of lithium battery-fire occurrences is concerning to the fire service and the OFM.

Request for notification

The updated Standard Incident Reporting process will provide the OFM and fire service with more details about lithium battery fires. Until that process is in place, the OFM is requesting the Ontario fire service submit all information on fires they believe have been caused by lithium-battery fires, no matter the size, related damage or whether the OFM was dispatched to investigate, as per Fire Marshal’s Directive 2023-001: Notification of fires and explosions.

The attached form has been designed to assist fire departments to submit key elements about these fires including:

  • municipality of origin
  • suspected cause of the fire
  • time of day and date
  • type of device (charging/storage/mobility)
  • manufacturer
  • year of manufacture and country of origin
  • previous issues with device
  • municipal response to fire

Fire departments can submit this form via ofmfdm@ontario.ca. Your support to report this information is appreciated. If you have any questions, please speak with your fire protection adviser.

Communiqué 2023-9: Interpretation of s. 6(3) of the Fire Protection and Prevention Act

September 6

The Office of the Fire Marshal has received a number of enquiries from the fire service about fire chiefs’ roles and responsibilities with respect to reporting to municipal council. In light of these enquiries, the Fire Marshal has determined that it is appropriate to provide an interpretation of Section 6(3) of the Fire Protection and Prevention Act, 1997 (FPPA).

Section 6(1) of the FPPA stipulates that if a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities shall appoint a fire chief for the fire department.

Section 6(3) of the FPPA then specifies the relationship between the fire chief and council as follows: 

Responsibility to council

  • 6(3) A fire chief is the person who is ultimately responsible to the council of a municipality that appointed him or her for the delivery of fire protection services.

While a municipality may choose to have the fire chief report through an administrative organizational structure, the fire chief remains accountable directly and individually to council for all aspects of fire safety and the delivery of fire protection services within the municipality.

It is also important that any consideration of these matters be risk-based, as communities are required under  O. Reg. 378/18: Community Risk Assessments to use their community risk assessments to inform decisions about the provision of fire protection services by no later than July 1, 2024.

If you have any questions, please speak with your fire protection adviser.

Communiqué 2023-10: New accessible educational resources

September 18

The Office of the Fire Marshal (OFM) continues to modernize the delivery of our programs. We are pleased to announce the addition of two new educational resources now available online:

  1. Community Risk Assessment (CRA) Tutorial
  2. Essentials of Municipal Fire Protection - A Decision Makers Guide

Participants can register for each seminar and they are available to participants in both official languages.

The Essentials of Municipal Fire Protection is now available in three formats, including in person, live virtual and this new self-directed e-learning opportunity. The Essentials of Municipal Fire Protection - A Decision Makers Guide highlights the fundamentals of fire protection services related to:

  • roles and responsibilities
  • fire protection service delivery options
  • OFM services and tools to support fire protection services

This course is designed for individuals who make decisions regarding the fire protection services in your municipality, including, but not limited to, members of council (mayor, CAO, etc.) and fire chiefs.

The Community Risk Assessment educational tutorial highlights the requirements related to O. Reg. 378/18: Community Risk Assessments made under the Fire Protection and Prevention Act, 1997, as well as:

  • explanatory information related to the mandatory profiles outlined in Schedule 1
  • worksheets to support the completion of a CRA
  • information regarding additional resources to support municipalities and fire service leaders

As the deadline for municipalities to have a completed Community Risk Assessment approach, this educational resource will assist you in understanding the requirements under the regulation by July of 2024.

For all enquiries related to these educational resources, please contact your local fire protection adviser.

Communiqué 2023-11: Enhancing Access to Justice Act, 2023: Administrative Monetary Penalties

December 18

On November 30, 2023, the government introduced Bill 157, the Enhancing Access to Justice Act, 2023.

Through this Bill, Ontario is proposing changes to the Fire Protection and Prevention Act, 1997 (FPPA) to enhance enforcement and compliance by enabling the future development of an Administrative Monetary Penalty (AMP) framework. If passed, this would allow for the use of AMPs as a progressive enforcement tool that could be imposed upon anyone including tenants, owners, and corporations in contravention of the FPPA and its regulations such as the Ontario Fire Code.

The government is seeking public input on these proposed amendments to the FPPA, until January 2, 2024. Those interested in providing feedback are encouraged to do so via the Ontario Regulatory Registry: Proposing Administrative Monetary Penalties under the Fire Protection and Prevention Act, 1997.

AMPs would not be available as an enforcement tool until regulations are developed at a later date. There will be another public posting for the regulations, and we will welcome further feedback at that time.

If you have any questions about AMPs, please contact your local fire protection adviser.

Communiqué 2023-12: Assistant to the Fire Marshal designation cards

December 21

In May 2022, the Office of the Fire Marshal (OFM) issued Communiqué 2022-05 with respect to changes regarding the issuance of cards formally designating persons as assistants to the Fire Marshal under Section 11 of the Fire Protection and Prevention Act, 1997 (the Act).

These changes included:

  • Issuing assistant to the Fire Marshal designation cards annually instead of every three years.
  • Issuing assistant to the Fire Marshal designation cards only to persons who require them. Persons who are automatically considered to be an assistant to the Fire Marshal in accordance with the provisions of s. 11(1)(a), (b), and (c) of the Act will not be issued a card.
  • Persons who require the designation as an assistant to the Fire Marshal under s. 11(1)(d) of the Act will be required to complete online training provided by the OFM prior to being issued a designation card.

Please refer to Communiqué 2022-05 for information on automatic designation of assistant to the Fire Marshal under the Act and the criteria for designation of assistant to the Fire Marshal by the Fire Marshal.

Cards issued from this cycle are set to expire December 31, 2023.

Renewing and requesting cards for 2024

Fire departments or municipalities who wish to renew and/or request assistant to the Fire Marshal cards must complete and submit the Request for assistant to the Fire Marshal Identification Card form that is posted on the OFM’s SharePoint site.

For any request forms received and approved on or after December 1, 2023, cards will be issued with the expiry date of December 31, 2024.

The form must include an attestation that the recipient receiving the designation card has:

  • completed the required training provided by the OFM
  • has the necessary training and experience related to the legislative powers and associated duties of an assistant to the Fire Marshal

Assistant to the Fire Marshal training

The online course is available to all assistants to the Fire Marshal. It must be completed by any person designated by the Fire Marshal as an assistant to the Fire Marshal under s. 11(1)(d) of the Act.

Persons who have previously completed the course are not required to re-take the training prior to obtaining a renewed card.

Revoking an existing card

When a member of the fire department who is an assistant to the Fire Marshal retires, resigns, or leaves their position within the fire department, the fire chief must retrieve and destroy the assistant to the Fire Marshal card and notify the OFM by email at OFMFDM@Ontario.ca.

For enquiries about assistant to the Fire Marshal designation cards, or the duties and responsibilities of assistants to the Fire Marshal, please contact your local fire protection adviser.