Forest Fires Act (Chapter 141)

CHAPTER 141 Short title. An Act Respecting Forest Fires I. This Act may be cited as Th~ Forest Fires Act. "2. In this Act Interpretation. (a) "Department" means the Department of Forestry and Agriculture; (b) "Minister·· means the Minister of Forestry and Agri culture; ( c) "regulations" means regulations made under this Act; and ( d) "woods" includes wood, forest, track covered by underwood, barren and dry marsh or bog." 3.-(l) Every person who (a~ sets out, lights or starts, or causes to be set out, lighted or started, a fire in or near woods, except for the pur poses of cooking or obtaining warmth, between the fif teenth day of April and the first day of November with out first having obtained a permit from the tv!inistcr ef Uii;:iss, A grie1:1ltl:lre e.Rel Rese1:1reos or from a person authorized by the Minister to issue permits to burn; (b) makes or starts or causes to be made or started a fire for the purposes of clearing land or the cutting of a right of way for a road, trail, telephone line, telegraph line, power line or pipe line, tote road, ditch or flum,'. or for any other agricultural or indmtrial purposes with out first having obtained a pennit to bum; (c) between the fifteenth day of April ancl the first day of Nov ember, makes or starts or causes to be n\Jlk or started, a fire in or near any woods, or upon any islaml, for cooking m obtaining warmth, without observing tht' following prec1utions, that is to s;1)': 94 Amendment List No 2 -1976 Precaution~ against forest fires: penalty for non• ob~ervance. 1973- c.22 s.2 ,1973-c.22,s.3 I 1973- C .22, S.4 '1973-c. 22,S,3 FonEsT F1m:s :\cT Chapter 141 (2) The holder of a permit tcf erred to in subsection (1) shall exercise and observe every reasonable care and precaution in the making and starting of a fire and in the managing of :irn.1 caring for and controlling it after it has been mude and ·startecl, in order to prevent it from spreading and burning the trees, scrub or plants surrounding, adjoining or in the neighbourhood of the place where it has been made and started. 4. The owner or occupallt o.f- the land upon which any fire mentioned in the next precedin~ section ii made or originates shall be deemed and taken to be the person offending. and shall be liable to the several penalties provided by this Act, unless such owner or occupant proves to the satisfaction of the justice, court or judge before whom he is trin1 that snch fire was not made, lighted or started by him, nor by any person by his dir ection or in his employment. 5.-(1) Every person who between the fifteenth day of April and the first clay of Nov·<:>mht'r sets a fire uncl\'r a pennit rderr<?d to in subsection (1) of Sl'ction .'3 shall do so subject to this section and a person who does not comply with ;my provision of this section or who does not take precautions as prescribed by sub section (2) is guilty of an offence and lial1lc on summary con dction to a fine of not Jc,ss tlwn fifty dollan and not more than four hundred dollars for each offence, or to imprisonment for a period not exceeding twelve months. (2) A person issuing n pt>rmit to hurn shall, i11 accordance "·ith instructions issued by (a) the Minister; or (b) other person designated by the I\liniskr generally or specially for the purpose, prescribe, subject to this Act, what precautions are to he taken in the special circumstances of each casc. (.3) The fact of obtaining ;1 pL'rlllit to burn shall nnt. disch,1r:.;e the person obtaining the samt'. from gl'm·ral r•}.,ponsibility for ,111v damages caused by the fire so lighted. (4) The permit thu~- obtainl'<l ~rl.111 nol a\lo'.1' the setting of a fire at the time nwnt. llecl if a ht>a\·:· wind is b\011·ing at that 96 Amendment List No 2 -1976 Pt:,lllil holders c-.;ercise (h,lll:r occupar l.111d, Ji; l't:llllit IJtilJl. 11973-c22 s. 3 Penalty where gros.• negligence. Deliberate starting of fore:,t fire. prima facie evidence a! to ~tarting of fires. Chapter 1-:11 timt', or if conditions of special fire hazard exht such as mi6ht cause a fire outside of the pbce indicated. (5) The permit to bum may be cancelled or temporarily sus pended by the issuer or the Minister at discretion. The Minister may suspend the operation 1,f all permits by public notice dur in,s the periods of extreme foe hazard. (6) A permit to burn slidtbe in a form prescribed by the r-.1in ister ef }Jines, 1\gri!t1lttt1c "tud fl:c.soarccs. (7) The person grantinf: the permit shall define in \vriting on the back of the pennit the precautions to be taken under the special circumstances of each case and shall explain the provis ions of this Act to the holdet- of the permit as well as the respon sibility he may incur undct" the same. 6. Notwithstanding any other provision of this Act, where a magistrate who convicts a person of an offence under Section 3 or Section 5 is satisfied that the person who was convicted of the offence Wt\S grossly negligent in the commission of the offence the magistrate shall instead of imposing the fine or pe>n• alty of imprisonment provided in those sections impose a penalty of imprisonment for a period of not less than two weeks and not more than two years. 7. Notwithstanding any otl1er prov1S1on of this Act, a per son who deliberately lights or starts a forest fire is guilty of an offence and liable on summary corn·iction to imprisonment for a period of not less than two weeks and not more than two years. 8. When a fire originates on CrO\V11 lands and in the neigh bourhood of any pbce where it has been ascertained that a pe>r· son or number of persons were a short time previously to the happening of such fire camping, cooking, fishing, or engaged in some industrial occupation, he or they shall be t\.1kt,n to be the party or parties offending against· Section 3 of this Act, and shall be liable to the penalties thereundt'r, unless he or they sh.ill prove to the satisfaction of the court or judge bt'forc whom the trial takes place that such fir<." was not made, started or lightc.>d by him or them or by :myo1w in his or their company or· ser,ice, or hy his or the' direction. 97 Amendment List No 2 - 1976 11973-c.22 S,4 Precautions to be taken in relation to locomotiv~; ctuties of ofCicials; impc-rton. (h:1pter 141 Fo11EST F111r.s ,\er 12.-(1) It shall h(' the duty of every engine driver in chnrg(• )f a locomotive engine passing over such railw;1y to see th::1t ?.!I such appliances as are in the next preceding section mentioned are properly used :md ,1pplied, so as to prevent the unnecessary escape of fire from :my such engine. Where engineers or con ductors or train-men discover that any portion of the railway premises or woocllnncls adjacent tci the railroad arc burning or in danger from fire, it shall be their duty to take immediate stt'ps to extinguish such fire and to prevent it from extending fron1 the railway premises to •;y-y adjoining woods or premises, and to report the same to the t·ompany at the next telt>graph station on or in connection with ti~ railway and it shall be the duty of the cornp::my to advise th~ Minister 11• ) ,i,u1i, ) gi;ionllr:ra owl I Jhsomccs forth\',,ith of th< nature, extent and location of such 1973- c. 22 fire. s.4 (2) Every engine dri,·er or other railway official, or tailway company, who viobtl's tl1E provisions of this section shall bt> liable \r; a penalty of not 1c--;s than ten dollars nor more than two hundred dollars for each cffence. (3) Every comp:111y operating any railway in Newfoundland, and the Canadian National Railway, shalt make provision tor regular places nlung its line of railway at which places, and at no others, ashes from fire boxes of locomotives may be clumped, and notification of the provision of such places shall be sent to the Lieutenant-Governor in Council by the s:1id company find by the Manager of the Canadian NMional Railway, Newfound land Services. Any company or engine driver or other railway official who violates the provisions of this section shall be liable to a penalty for each offence not exceeding twenty-five dollars. ( 4) In any action for a penalty for violation of ;rny of the pro visions of Section 11 or 12 and in ;u1y action for dnmages occas ioned, or :11legcd to havr heen occasioned, by fire from loco motive engines on any r,1ilw,ty, .said t'llgines sh.ill be presumed not to be provided with the most impro,·rd and rfficit'nt means used to prevent the esc:1pc of fire from the fmnac,· or ashp;rn of such engine, a ncl the smol-.est,1ck thereof not to be constructt:·cl as required by Section 11 herl'of, unless and until it is proH·cl by the railway comp:111y or c1iginc driver that such engine is so prod<led and constnicted. Amendment List No 2 -1976 99 Cl1:1pli'r 1-11 (5) Any company opera!ing locomotives in Newfoundlnnc1 shall make arrangements \vhercby the Government Engineer, any fire warden, and any other person duly authorized by him or them, shall be permitted to board any engine wherever the same may be stopped for :rny purpose, and to travel on such engine free of charge, and every facility and assistance shall be given to such engineer, fire w,Hden, and any such other person to examine everything in co11nection with the said cngi1w ancl ih operation: Provided that no comp:rny shall be compelled to re ceive on board an engine more tha;n one such person at one time. Should the said engineer, fire warden, or other person disco\'er that the contrivances 'for ,nresting sparks or for the prevention of the escrlpe of ashes from the ashp;m of the engine be out of order or defective, or that any-thing else in connection with the engine is in a condition to endanger in :rny way property along the railway, 1t shall be his duty and he is hereby empo\\'ered to order the en6rine to be stopped until such defect be remedied to his satisfaction. 13. \Vhcrc-\'er ;1 r:tilw,\\ p,lsscs through \\'Oods tl1e:: railwGy company shall clear from o[f the sides of the railway to a rea sonable distance therefrom all combustion material by s,1fe burn ing or otherwise, and any company violating the provisions of this section shall be liable to G penalty for eacl1 offence of one hundred dollars. 14. Nothing in this Act contained shall be held to limit or interfere with the right c,f :1t1y person to maintain an action for damages occasioned by fire and such right sh~cll rL·1nain rlnd exist as though this Act l)[\d not been 1x1s,('d. r cl in such action for damages proof that the c1cfcmJ.111t, 01· ;:ny person li: liis clircctiD11 or authori~y or in his einplo:·nll'nt, or with l1is cunscnt, cxpressl,(! or implied, started such fire in \'iobticin of this .-\ct, ~;l1Gll be con clusive evidence of nt'gligcncc Oil the part of tl1c defembnt in stGrting such fire. 15.-(1) (a) The :\'Iini~tn ef ?dine .1, .\.:, 1irnlL1.t ,.11<1 fie !.Omco shall l1:t\L' the ma:ugc,rn·nt :i11d ,·t1,1trol of ,lll nH·asurl:', for c·.11-r1·iw, intu ..ticct tl1l' prn,·i,io1,., oi· tl1i, Act. 100 Amendment List No 2 - 1976 C:leJ ring woods, etc., <t long tr;ick or r:iil\\';-iy!-i. s~1vjng of cil'i! remedies. Ch:,·f Fire J '·' :ir.k,1: otherl 1973- c.22 flrt' "dl.i<'!1i. S,4 Cl1apt(·r 1-11 (b) The Minister of ~lines, Agriculture ·rnd 13,,so11tces sh,1ll 1 1973 c 22 have the powt.>r to appoint a Chief Fire Warden and such other persons to ;1c-t as fire wardens or assistant fire s. 4 wardens as he rrn,y deem necessary to carry out the pro visions of this Act. (2) The duties of the Chief Fire Warde11 shall include the fol lowing: (a) to travel periodically over ,tll woodlands whether be longing to the Crown or private owners or under lease from the: Crown; (b) to institute prosecutions against all persons offending against any of the provisions of this Act; (c) to trace thr origi11 uf cwrv woods fin• and fully re port the ~ame to thr \linistn of Mine9, .\griettlttue frnd 11973-c.22 Rcs~urees; ( d) to phcnrd or cau.se to be plac-ardecl notices containing warnings with referpnc-e to woods fires throughout New foundland; s.4 ( c) to pcrfom1 such otlic-r duties as may, from time to time, be required of him by the ~,lil'1i~ter--t)-f-Mifles,-A-gl"iettt- 11973-c.22 late am~ Res~9urees; s. 4 (f) lo board any cn.r:,ri1ws belonging to any railwa~· being operated in ]\ cwfounclland and to instruct when neces sary, any other persons who may be appointed either undr.r subsr.ction ( l) last preceding or who m:1y bC:' specially appointed by him for the purpose, to hoard any su~~h engines, and to travel upon the same and to. examine them both regarding the apparatus with which they art fitted and rr'g:uding the m::i.nncr of tlwir oper:1 tion, with :, \ iew to t lil' propt-r c:1rrying out of this .-\c! :111cl to the pn·-.·,·11tir111 of fire gc·ner:tl!,,. (3) Any mt·n ;1pp0i11t,·d "' .1s·;istaut fire wa1·dcns ,lull be t·n titled to he paid l,; tli,· prnpril'inr or proprietors of tl1,' propl'rt~· th:1t the~· :·1rP :q1poi!1t,·d to pci:rul, whr-11 s1icli p,-rsnns :ir,, ,o ;1p 101 Amendment List No 2 -1976 pointed :1t the request or on the :,pplication of such proprietor or proprietors. at a rate to he scttll·d betwc>en the Chief Fire \V.irckn nml such proprietor or propril:'tors nt thP tirnf' of appoint tnC'nt. 16.--(1) When a forest fire occurs or is in progress the ~1in istcr @f ? liM.~--A~1•ie,1hmc ,mc1 Hez,ot1rOt'!!' may by order for the more effectual cnrrying o of this section declare thnt part of the provin<'e in which the· forest fire ~occurs or is in progress to he a fire disaster nrf'a an<l lll.ty include in the fire disaster area any portion of the province which may be in clanger from the spread of fire or from or to which persons are being evncuatecl under powrr conferred by this section. (2) \Vhen a forest fire occurs or is in progress the Minister* Mlnea, Ag1if!tlltM 11tHl l1@~0!!tttt1 may make such orders and take :=;uch action as he deems necess.u:; in respect of that part of the province in \\·liicl1 th..: Jorl·st firl' OL·curs or is in progress or from or to which per:;ons arc being evacuated, whether or not th:it part of the province has been declared to be a fire disaster nrca or is included in :\ fire disaster area, and in p.uticular, but without restricting the gener:ility of the foregoing tht: ~finister may ( i) employers, for or wilhout compensation, whether c-.irr: ing on liusiness in or outside n fire clis:ister area, to plac:c their employees or any group o[ employee, at the disposal of and under the dir ection of, and ( ii) crnployr·es rdcrrul to in suhp;~ragr:\ph ( i) and :my otlic,r pcr,ons, whether residing or crnplo:·ed in or oulsi<lc :, fire dis:·tstcr :tre:1, for or \\'ithout compens.1 tion, to place t her.ist·l \'l'S :1 t the• di, po.,:i l of and un<lcr the direct ion of tlie ;-.linister ot· of tl1l' pC'r.,011 i11 charge of fighting :i forest fire or any operation :\rising out of, in support of or made nt>cessary by the fon:st fire or threat of fire> :rnd require those C'rnpluy<'cs :rnd other p!'rsons to fight tliP 102 Amendment List No 2 -1976 \I :nister 111;iy I ci:'ciare [ire , 1973 - C. 22 d1,a1ter area. ro"·n, of ~I inister where [ire nrcurs or in p·rc1 ~ r~~,; S,4 '1973- c. 22 S,4 Exerci,c of powers <luring ~mergency. Stipendiary m~gistra1e may hold cn<1t1i1·ie~; oaths. E,•idence in ,·11cp1iric~. prc '<"n·ation nf. ··rnA.-( l) Tl1e l ,icuten:1rit-Governor in Council may by order puhlishecl in T/ie Newfoundland Ca:::ette require owners, kssces, liccncce, :111c1 other persons Laving p11sses sion or coulrol of la1:cb w1tl:in lh~ province to pay the total costs, or s11,:l1 proportion ul the total c:osls as lll:1y lw speci fied in tl1e order, im:urrvd liy lier ~fojesty in c,ting11ishing forest firC'.S from such bnds, and a11 order made 1rnd(~r this J-'oh't:r lO f('l ()\ ;'.· r section may specify the ci.rcwnstances in which payment shall be maJe, including without limiting the generality of the foregoing the location, cause, htent and period of dura tion of forest fires, and any payment required to be made under this section pursuant to such orcler may be recovered by Her lv1njesty as a clebt following action in a court of competent juriscliction. (2) An order made 1111der subsection (1) may be amend ed or revoked by or<l1c rna<le and publishetl in the manner required under that subsection." A111tlt. or Jl'\OCttion of order. 17. L1uring !hi: existence of a state of ci\ ii disaster pro claimr:-cl under The E1m·rgcncy ivlca~ures Act, the Minister anc.l every person or C(1I11mitte-e ,n:t}' continue to exercise the powers conferred on them by or 11nc.ler tl1i, :\ct, bllt the powers con ferred on the Lieutenant-Governor in Council by The Emergency i\.!easures Act, are paramount. 18. Any stipendiary magistrate shall have power to hold for mal in•,estig:ltious a, !o th(' 1•1ic;i11 of fires, am! may summon per sons to :;,.ppear before him to give cvidPnce, anJ Eh:ill be author ized to administer an nath to a!l wit:1•:sscs cxam:nt:d before him. The• form d nath lo Le administered to any wilnes shall be as follows: ··You, A. !\., <lo ~,will' lliat ~-ou will make true answers lo all q11estio11s tk1l fi':1, lie p:1l to y·ou on this examin:1 tion. Sn hO'l]l /1H1 Cv,i .. 19. Tl1e t'vide1w,· tak.·n before such ~tipe11diary 111agistratfc :rnd his report in H•,prct 11- ,my Such in\'e,ti t.;ation sh,ill, at its co11cl11.,i,;11, lw for\',:1rcled tu lr:i1 Mi:1i:,~n wf >li, t, 1 ,1a1rio tll:t..., 105 1973- c.22 S.4 Amendment List No 2 -1976 < :l1.1pl1·1 ! 11 20. \Vhere portable mills ;11, ml'd in or within ,ixt\· rod~ of any woods, a competent person shall, durin::; such portiom of the year as the same are in 01wralio11, be employed bv the 0\\11 ers or proprietors to act :1s fir,· watcl1rnan ch1ring such hours of the day or night as the mill i, not running, under a p<:n:11ty of twenty dollars a clay for eacii cby th;1t such \\':ltchrnan is riot employed. 21. Every saw mill or otlwr f:,ctory 111;rnuf:<·turi::g or burn ing wood in this prnvince sldl it it me a stca111 boiler be fitted with a substantial srnukc-stack .• :mci such smoke-stdck shall be of a height to be clesignatt·d h\' il,\' l,uilt-r i1,spcctur in acc•Jrd:rncc with the size of the boiler e111pi,i:, <:·d. U11less sucli s111,:ike-stacl-: exceed fifty feet in height fro1J1 tli•~ ;1ouml it sktll 1w fittccl ,,·ith a spark arrester, the form of '-':hich shall lw approved by the boiler inspector, and tlit'. s,unv ~hall be kept in good order a:1d shall he subject to the inspt·ctio11 of tlw boiler imp(:·ctor, wlir:ist· duty it shall be to report tc tk \!i11i~te. nr ~ li!l,., \gric ~1lt1 Ft and .ReJO~He@J :111 case, .. -.·here tl 1c·,,· prn,·isio11s arc 1w:;lectccl or improperly carried 0;1t. It sbll lw l!1e dut~· of tllt' hoikr in spector to draw up regulations 11 •gardi11g th,, lv.'ight of the srnol;e stacks ·and form of spark arn:stcrs as abo-.·c· proviJ.ed. ,rnc1 to pub lish such regnhitions in T!,e ,\'c:,;founrlla11i/ Ga:c/t,•. 22. \,Vhere any fire starts in the irnmediate vicinity of a saw mill or plant \vith a defective spark arrester, the owner or owners shall be taken to he a party or p.-rtit's offl'nding against Section .3 of this Act and shall be ,t,lc tn ti,c pcn~tlti,:s tlierl'under, un less he or they sh:111 p:-ovc lb the sati,bction of tht· rnllft or jud:-;,· before whom the trial tJkcs pbcl' tl1;1t such fire- \\';ts not inac!e, started or lighted as thr. result of cld,Ttii e std..: or by him or them or anyone> in }fr: or t}1ci:· c::J1ff1):1ny o•· wr\'i,·t.' o:- h:· Iii, or their direction. 23. Au!· pcr~on tc,\ring d,•wn. dcfaci1!~ n! dc,lro\·in~ a:,,· firc-\\'arning postl'r shail lie li«IJ!c lo ,1 penali \' of 11<Jt kss t11·rn five dollar:: nor rnon· tli.1·J i1.'.1·nt:.-fi, , . dol\:trs J11r (·,:r·l1 0FF,·11c•·. \\ ;1tri11n.tn 011 pn1 :.il,le mills l'1tcaut11.111.., in c,)11ncct inn \,·ilh ,;qrrnill,. 11973-c.22 s.4 f" i11rn /acie n ,Jenee whctc (ire star!~ 11,·~1 mill. lk .. t111c.tiu11 of fitt:·\\',1rl\it1~ p,1,t,·1,: pe11:d1y 24. It slull be the dul)' of t!ic C.hicf Fir, : \\',1nlc-11, a11:, fi!·,: w,"""'c warden or as~lstant fin: \\'arcki; to e,cct, or cwse lo l1t· en·c'.~·cl, in conspicuous pl.ices at the :;ide of every l1i:~lw.-:1y '1S they :; 1 :1:-· deem proper, an<l al suit;d.Jl,· dist:1nc,·s :1h11gsit1<' tllt' rin·r\ ,,:1d 106 Amendment List No 2 -1976 Report.s by fire wan.Jens. Rewards, for informadon. Limitation of prosecutiom. Regulations. lakes frequented by can1pi11g partil·S, tourists, hunters and fish ermen , notices in large letters , to be furni shl'd by the Depart ment of l\-Iine.s, Agriculture and lksomccs, substantially in the following form: Camp fires must be totally extinguished bdore breaking camp, umler penalty of not more than twelve months' imprisonment or four hundred doll,m fine, as provided by law. (Signed) Minister of i\Iine.s, Agriculture and Resources. 25. The Chief Fire Warden, any fire warden or assistant fire warden shall report to the Minister of Mines, Agriculture and Resources as to the extent of all woods fires which occur in the district in which they reside . toge ther with the probable amount of property destroyed, spl'c ifying the value of timber as near as may be, the amount of cord woocl . logs, bark or other woods products, fences, bridges , :llld b u ildings th:it have been burned, the causes of such fires (if they can he ascertained), and the measures employed and found mos t effective in checking their progress . Fonns for the report s reCJuircd in this Act shall he fur nished by the Departn1t·11t of i\.! in es, Agriculture and Resources. 26. The Lieutenant-Governor in Council may, from time to time, authorize the Minister of ,\lines, Agriculture and Resources to offer rewards for infomiation that will lea<l to the recovery of any of the penalties impo~e<l I, >· this Act. 27. Every prosecution for an offence against this Act shall be begun within t\\'O years i111111 ediately following such contra \·ention. I . tions to prohibi ~pl'dfie<l i11 thl' (2) • r · 11 ( 1) may he ma<le to )art only of thl' µro\'inct· /07 Repeal and substitution Sec. 28. Rrg11l~tions. 1973 forest Pires (/\111e11rl111e11t) Act No. 22 5. Section 28 of the said .Act is t cpcafcd and the foHo" ins !m~stih1ted the11et8,. "28.-( 1) Notwithstanding any of the prov1s1ons of, or rights given or grnntccl under, any other Act or any of the other provisions of this Act, for the purpose of carrying into effect the provisions of this Act according to their true in tent and meaning or for supplying any deficiency therein or for meeting cases whicl1 arise for which no provision or inadequate provision has heen made, the Minister may make such regulations as he clcl'ms necessary or advisable and, without limiting the generality of the foregoing, may make regulations · (a) prohibiting the lighting of fires outdoors during any period specified in such regulations; (b) specifying conditions under which logging opera tions may be carried out on Crown lands during the forest fire season, prescribing and defining such season for the purposes of the regulations and pro hibiting .such logging operations to be carried out by any person except in compliance with such con ditions; (c) providing that logging operations shall not be car ried out on Crown lands unless the person carry ing out such operations provides on the site of such operations such equipment, of such a type, in such an amount ancl in such location as the regulations may specify; (cl) providing that any person carrying out logging operations on Crown lands shall take such action as the regulations may specify for the purposes of preventing, extinguishing and assisting in the ex ting11ishing of forest fires in the area where such person is carrying out logging operations, or for any of such purposes; (e) prohibiting or controlling the use of specified stoves or devices or stoves or devices utilizing such fuel 107a Amendment List No 2 -1976 l 1973-c.22 s.s 1973 Forest Fires (Amendment) Act No. 22 as may be specified during the forest fire season as prescribed and defined by the regulations; (f) prohibiting the use of power saws and other speci fied machinery or equipment utilized in the har vesting or extraction of timber except in accordance with such safeguards for the prevention of forest fires as may be specified }n the regulations; (g) considered necessary by him for preventing the originating or spread, or both, of forest fires; (h) exempting any person or persons or class or classes of persons from any or all of the provisions of this Act or the regulations; and ( i) respecting any other matter necessary or advisable to carry out effectively the purposes of this Act, and different regulations may be made respecting different classes or kinds of stoves, devices, machinery or equipment or respecting different periods of the year or respecting clif f erent classes of persons or respecting the same class of per sons under different circumstances. (2) Regulations made under subsection (1) may be made to apply to the whole of the province or to part only of the province and, without limiting the generality of subsection ( l) or any paragraph thereof, regulations made under para graph (a) or (e) of that subsection may exclude from such regulations (a) fires made for purposes or under circumstances or conditions specified in such regulations; or (b) fires made in stoves or de\'ices of any description specified in such regula lions. ldr111. (3) A person who violates any provision of regulations orr,,,,. r made under subsection ( 1) is guilty of an offence and liable on summary conviction to (a) imprisonment for a periou of not less than two weeks nnd not exceeding two years; or (b) n fine of not less tlrnn two hundred dollars and not exceeding ten thousand dollars." 'I07b Amendment List No 2 - 1976 1973-c.22 s.5