Forest Protection Ordinance (Chapter 38)

REVISED ORDINANCES OF THE NORTHWEST TERRITORIES 1956 Being a revision of the Consolidated Ordinances of the Northwest Territories, 1898, with the subsequent Public General Ordinances consolidated to the lst day of August, 1956, Published and Proclaimed to come into operation on the 1st day of August, 1956, by Order of the Commissioner of the Northwest Territories pursuant to Chapter 3 of the Ordinances of 1956 (lst Session), BDMOND CLOUTlBR, C.M.O. , OoA.• D.S.P. QUBBN'S PRlNTBR AND CONTROllER OP iSTATIONERY OITAWA. 1956. 1 Forest Protection CHAPTER 38. AN ORDINANCE RESPECfING THE PROTECfION OF FORESTS. SHORT TITLE. 1. This Ordinance may be cited as the Forest Protection Short Title. Ordinance. INTERPRETATION. 2. In this Ordinance, Deftnltlon•• (a) "engine" means any steam locomotive, traction engine, "Enline". logging, stationary or portable engine or other power producing plant or similar device; (b) "inflammable material" means trees, timber, brush, slash, "Inflammable grass, debris or other vegetation or things of a similar material". 'nature; (c) "forest area" means any uncultivated land that, by "Poreat area". reason of the existence of trees, grass or other vegetation thereon, possesses timber, forage, recreational, wildlife or other value; (d) "forest officer" means a person appointed or authorized "~or~~ to be a forest officer under this Ordinance; 0 cer • (e) "Forest Supervisor" means a person appointed as such ~~;~~or'" under this Ordinance; and (f) "permit" means a valid and subsisting permit issued "Permit". under this Ordinance. ApPOINTMENT, POWERS AND DUTIES OF OFFICERS. 3. The Commissioner may appoint a person to be a Forest Forest Supervisor to supervise the carrying out of this Ordinance. Supervisor. 4. (I) The Commissioner may appoint persons to be forest Apf,0lntmlnt officers for the purpose of carrying out this Ordinance. ~rnc~~~~t (2) Members of the Royal Canadian Mounted Police Force Ex officio and any persons who are game officers under the Game Ordinance officera. are ex officio forest officers under this Ordinance. 5. A forest officer, other than a member of the Royal Can- Oath of adian Mounted Police Force, shall, before acting as such, take and office. subscribe to the following oath: "I, , a forest officer appointed or authorized under the Forest Protection Ordinance, do solemnly swear that to the best of my judgment I will faith fully, honestly and impartially fulfil, execute and perform the office and duty of such forest officer according to the true intent and meaning of the Forest Protection Ordinance and of regulations made at any time thereunder. So help me God." 2 Chap. 38 Forest Protection Ser vice of notice, Ma y enforce ca rrying out of orders, etc. Duties and power. of Forest Supe"lIor. 6. (I) The Forest Supervisor shall supervise the carrying out of this Ordinance and may issue such orders and directions not inconsisent therewith as he deems necessary for that purpose and may, without restricting the generality of the foregoing, (a) specify and direct the quantity and type of tools, pumps, hose and other fire-fighting appliances and equipment or safety devices to be used by persons operating any engine or conducting any logging or other industrial operation in the Territories; (b) demand that any person who carries on any operation whereby any inflammable material is created or accumu lated shall dispose of such material in a manner approved by the Forest Supervisor; (c) specify and direct the clearance of space around the site of an operation referred to in paragraphs (a) and (b); (d) declare any inflammable material that he deems to be a .danger to life or property to be a public nuisance and by written notice direct that it be disposed of to the satis faction of the Forest Supervisor by the owner, occupant or person using the land upon which such material exists; (e) where, in his opinion, the safety of life and property in any area of the Territories is endangered through hazar dous conditions of vegetation or by the occurrence or spread of fires, by order in writing, declare such area to be a closed district , prohibit such activities therein as he deems conducive to the occurrence or spread of fire and prohibit the entry of such persons or classes of persons as he deems advisable; and (1) by written notice, direct the owner or occupier of lands on which inflammable material exists that, in his opinion, is so infected with disease or injurious insects as to con stitute a menace to forest resources to dispose -of such material as set out in sueh notice. (2) The Forest Supervisor -may enter upon any lands and cause any direction, demand, -noticc or order given by him to be carried out and, if not carried out by the person to whom it is directed, cause it to be carried out by such other person as he may direct. Ha s same (3) The Forest Supervisor shall have all the rights and powers . ~~~~~ ~ffieer•. given to forest officers under this Ordinance. (4) Any direction, demand, notice or order given by the Forest Supervisor under this section or otherwise is lawfully served when' a copy thereof has been forwarded by registered mail to the last known address of the person to whom it is addressed or per sonally served upon such person or posted up in two conspicuous places on the lands affected by it, but a declaration of a closed area need not be served. RI~hl of 7. (1) Every forest officer or other person assisting him may, ~~~r~~perl)'. in connection with any fire patrol or other lawful exercise of his duties under this Ordinance, en ter into or upon any lands or premises, other than a dwelling house, at any time. -, 3 Forest Protection Chap. 38 (2) Every forest officer may arrest without warrant and take ~~':.Tary before a justice of the peace any person that he finds in the act . of violating this Ordinance. 8. Any permit referred to in any provision of this Ordinance Issue of may be issued by the Commissioner, the Forest Supervisor or a permlta. forest officer and may incorporate such conditions or restrictions as the person issuing it deems necessary. REGULATIONS. 9. The Commissioner may make such orders or regulations, RelUlaUOlII. not inconsistent with this Ordinance, as he deems necessary to carry out this Ordinance or to meet any cases for which this Ordi nance does not provide and may, without restricting the generality of the foregoing, make regulations (a) governing or prohibiting the issue of permits; (b) prohibiting the setting out, spreading or kindling of fires, under permit or otherwise, in any part of the Territories for any period he deems expedient; (c) exempting any part of the Territories from any provision of this Ordinance for any period he deems expedient; (d) prescribing the nature and requirements of fire preven tion or fire-fighting devices including those designed to • arrest the emission of sparks from chimneys or other spark emitting outlets; and (e) providing for the cancellation or suspension of any per mit upon conviction of the holder thereof for an offence against this Ordinance. GENERAL PROTECTION AND PROHIBITIONS. 10. No person shall leave the vicinity of a fire, other than a To extinguish r ki dl d ' f h devi itabl desi d fires beforenrc In e 10 a stove, urnace or ot er evice suita y esigne leaving them. and capable of confining it, that he has set out, started or kindled until he has totally extinguished it. 11. No person who uses any explosive or throws any lighted U1selof eX tlderi b . hi f . hi h IfP os ves, e c.,or srnou ermg su stance WIt 10 a orest area or Wit 10 one- a near forest mile of a forest area shall leave the vicinity until he has made area. certain that such explosive or substance is extinguished or rendered harmless. 12. Every person who sets a fire out of doors shall select a Sites for open . f f . fI bl . I ibl d h II fires to besite as ree rom 10 arnrna e materia as POSSI e an s a cxer- carefully cise every reasonable precaution to prevent the fire from spreading. chosen. 13. (l) Where directed to do so by the Forest Supervisor Clearance of d. . space aroun under paragraph (c) of subsection (1) of section 6, the owner or campi. etc. person in charge of a camp, mine, sawmill, or other logging or industrial operation shall clear and keep clear of inflammable material such space surrounding the site of the camp, mine, saw mill or other logging or industrial operation or any part of it as he is directed. 4 Chap. 38 Forest Protection ~h~~~~;! (2) Subject to this Ordinance, every person clearing a right of-way for a road, trail, tote road, ditch, flume, telephone, tcle graph, power or pipe line shall burn on the right-of-way all in flammable material as rapidly as clearing progresses and weather conditions permit or at such time as the Forest Supervisor may direct. r~t 10 1c~lo (3) No person clearing land shall engage in lumbering or '::~:e':I~aono logging operations or fell trees, brush or other inflammable material land of othen. in such a way that it will be left on land not owned, leased or other wise held by him. Pt~I:~I:g :~d 14. (1) Every person who discovers a fire within or within report fir-. one-half mile of a forest area shall take all steps available to him to extinguish it and shall report it or cause it to be reported to the nearest forest officer by the speediest available means of commun ication, whether or not he believes such fire to be completely ex tinguished. . , Duty \0 (2) Every person shall, when requested to do so by a forest ."pply h information. officer, supply all the information that he as respecting a forest fire to such officer. Duty to asslal (oreal oftlc:en, etc. To cease operations. Closed distrtcts. • 15. (I) The owner or occupant of land upon which a fire is burning out of control and any person carrying on any land clear ing, lumbering or other operation thereon shall use every means available to him to extinguish the fire and prevent its spread and shall, at his own expense, place his services and those of his em ployees and agents at the disposal of a forest officer for that purpose. (2) No person referred to in subsection (l) shall continue to carryon or shall resume any operation on land on which a fire is out of control until he has received the written permission of a forest officer to do so. 16. Where an area has been declared a closed district under this Ordinance, no person who is by such declaration prohibited from entering such area shall enter it .and no person who may enter shall carry on any activity prohibited by the declaration, , unless in either case he has received written permission from a forest officer to do so. Compliance with orders. Not to obstruct forest officer. NOI 10 deface nouces, Not to damage or remove tools or equipment. 17. Where any person has received a written direction, notice or order under this Ordinance, he shall forthwith comply with its terms. 18. (I) No person shall hinder, obstruct or impede any forest officer or other person in the performance of his duties under this Ordinance. (2) No person shall, unless authorized to do so, destroy, deface or remove any order or notice posted up by a forest officer as a fire warning or posted up for any other purpose under this Ordinance. (3) No person shall without lawful authority damage or re mo,;,e any tools or equipment placed in a forest area for fire pro tection purposes. . ) ForestProtection Char. 38 19 (1) No Person shall violate any provision of this Ordi- Not to violate• ~ Ordinance. nance or any term or condition of a permit issued or any regula- perm l lt9 1 or , , d d d hi 0 di d a vi lati regu at ons,non, nottce or or er rna e un er t IS r inance an a VIO anon of a condition or term of a permit or of a regulation, notice or order shall be deemed to be, and shall be punishable as, a violation of this Ordinance. (2) Every person who fails to fulfil a duty or perform an act ~:}~:nt~uty imposed or required by or under this Ordinance, violates this . Ordinance. CLOSE SEASON. 20. (I) In every year, a period commencing with the l st Close season. day of May and ending with the 30th of September, both dates inclusive, shall be a close season throughout the Territories. (2) The Commissioner may, if he considers that there is un- Extension, usual danger Of forest fires, issue an order extending or varying the close season in any year. 21. No person shall. unless he has been issued a permit so to Not to clear d ki dl f duri he close season wi hi land In close0, set out, start or 10 e any re unng tee ose season Wit 10 season, or within one-half mile of a forest area for the purpose of clearing "land' or removing inflammable material, but a fire may be kindled or started to dispose of inflammable material in any device suitably designed for and capable of confining the fire. 22. Where any engine is being operated within or within one- Fires n'.'t to h If 'I f f '1 h in ch be left Ina nu eo' a orest area 10 a c ose season, t e person m c arge engines, thereof shall ensure that the fire in and around the fire box is com pletely extinguished before leaving the engine unattended. 23. (I) No person shall, during a close season, within or Requirement. within one-half mile of any forest area, for engines, (a) operate an engine that is not equipped with a safe and efficient device for arresting sparks and for preventing the escape of fire or live coals from ashpans and fireboxes; (b) operate a steamboat on any water in the Territories un less it is equipped with a safe and efficient device for arresting sparks; (c) burn any wood waste in any burner or destructor unless it is equipped with a safe and efficient device for arresting sparks; or (d) use or operate any engine or thing referred to in this section or conduct any logging or other industrial oper ation unless he has available such tools, pumps, hose and other fire-fighting appliances and equipment as may be directed by the Forest Supervisor. (2) The engineer in charge of an engine, or any operation Engineer In referred to in this section is responsible for the maintenance and ;::~~slble. use of fire-fighting appliances and equipment in connection there with. 6 Chap. 38 Use or enal may be suspended alter offence. May employ or summon assistaoce. Duly 10 asslal. Forest Protection (3) Where a prosecution is instituted for violation of this section, a judge may prohibit the further use of the engine or thing involved pending the outcome of the proceedings or until such engine or thing is equipped with such safety appliances or devices as may be approved by the Forest Supervisor. ASSISTANCE IN FIGHTING FIRES. 24. (1) The Forest Supervisor or any forest officer, judge or justice of the peace may, where he considers it necessary, employ or summon the assistance of any male person who (a) is not less than eighteen and not more than sixty years • of age, and (b) is not physically unfit for the purpose, a medical practi tioner or a person essential to transport or communica tion services, for the purpose of controlling or extinguishing fires. (2) No person lawfully summoned or employed under sub section (1) shall refuse or fail to render assistance when called upon to do so. Paymenl for uailItaoce. Penalty for violation of aectlon 24. 25. The Commissioner may recommend payment, out of moneys made available for that purpose, for services rendered by • persons rendering assistance pursuant to section 24, but such pay ment shall be subject to the following restrictions: (a) no payment shall be made to persons who render assist ance in the fighting of fires that immediately threaten the place or property in which such persons work or which they own or occupy; (b) where persons are employed in fire-fighting within ten miles of the place in which they reside and are not re quired to remain away from such place overnight, they shall not be paid more than one-half of the prevailing hourly rate for ordinary labour plus board; (c) persons employed other than those referred to in para graphs (a) and (b) may be paid at the prevailing rate for ordinary labour plus board unless the Commissioner recommends increased payments by reason of such person being an experienced supervisor or an operator of me chanical equipment; (d) no person shall be paid for assisting in fighting a fire that is not within a forest area; and (e) no person shall be paid an amount in excess of the amount recommended by the Commissioner. PENALTIES. 26. (1) Every person who violates section 24 is guilty of an offence and is liable, upon summary conviction, to a fine not ex ceeding two hundred dollars and, in default of payment thereof. to imprisonment for a term not exceeding two months. 7 ForestProtection Chap. 38 (2) Every day during which a person violates section 24 may ~~~h~a, be treated as a separate offence. separate offence. 27. Every person who violates a provision of this Ordinance General for which no other penalty is provided is guilty of an offence and penalty. is liable, upon summary conviction, to a fine of not less than twenty-five dollars and not exceeding one thousand dollars or to imprisonment for a term of not less than thirty days and not ex ceeding two years or to both fine and imprisonment. 28. In addition to any other penalty that may be imposed f:c~':~rrna, upon aperson upon his conviction for an offence under this Ordi- expendscbs H M · . f . . di cause ynance, er ajesty may, 10 any court 0 competent juns iction, an otrence. take procedings to recover from such person all expenses incurred by Her Majesty in controlling or extinguishing a fire that originated or resulted by reason of such offence. 29. Where a person refuses to perform any duty under this R.~ove~flon Ordinance and it is necessary to have that duty performed by r..1~~ carl')' another person, Her Majesty may, in any court of competent juris- out duty. diction, take proceedings to recover from the person in default the expenses incurred by Her Majesty by reason of such default. 30. An information with respect to any violation of this Ordi- L1rnit;t1on of nance shall be laid before the expiration of twelve months from ~':Jt10ll. tM time of such violation. CIVIL REMEDIES PRESERVED. 31. Nothing in this Ordinance or in any order, permit or Civil right regulation made hereunder shall limit or interfere with the right of ::r:cu:e:.ot any person to bring civil proceedings for damage occasioned by fire. . 8