Regulations to establish a framework for administrative monetary penalties; the rates, terms and conditions for when the ministry summons equipment and operators to support wildland fire emergencies; and changes to the Outdoor Fires Regulation

Ontario is building stronger and more resilient communities by addressing the growing risks of wildland fires with changes to the Forest Fires Prevention Act. If Bill 27 is passed, changes to the Act would be made, and the name of the Act would be changed to the Wildland Fire Management Act (WFMA). For information on Bill 27, see notice number 019-9282.

If Bill 27 is passed, we are proposing to make new regulations under the WFMA to:

• Establish a framework for the issuance of administrative monetary penalties (AMPs) to encourage compliance with wildland fire safety requirements.
• Prescribe the rates to be paid by the ministry, and the terms and conditions for when privately-owned equipment and operators are summoned to control or extinguish fires or respond to wildland fire emergencies.

The key components of the proposed AMPs framework and the proposed rates, terms and conditions for summoned equipment and operators are described in the linked document at the bottom of this notice.

We are also proposing to make changes to the Outdoor Fires Regulation (O. Reg. 207/96), including general updates and clarifications, changes to fire permit requirements, changes to requirements for burning slash piles, and administrative changes to align with proposed changes to the WFMA, if Bill 27 is passed. The proposed amendments are further described in the linked document at the bottom of this notice.

While we are not required to consult through the Environmental Registry for regulations under Acts that have not been prescribed under the Environmental Bill of Rights, we are posting this notice because we want to receive your comments.

We invite feedback and input from the public, Indigenous communities and stakeholders across the province on these proposed changes, so that we can continue to address the growing risks of wildland fires and modernize the wildland fire program.

Regulatory Impact Analysis

Establishing a framework for issuing administrative monetary penalties (AMPs):

We anticipate that the proposal to establish a regulatory framework for issuing AMPs will have a neutral to positive impact on individuals and corporations. It will enable the ministry to more effectively promote compliance with the WFMA, contributing to better protection of Ontario’s economic prosperity and environmental sustainability.

For some individuals and corporations, the proposal will have a neutral impact as those who are compliant with the WFMA will not be affected by AMPs. Some may view AMPs as a positive change as they would give the ministry an additional compliance tool to effectively and efficiently address contraventions of the Act and its regulations outside of the court system.

There are no new administrative costs associated with the AMPs proposal.

Prescribing rates, terms and conditions for summoned equipment and operators:

We anticipate that the proposal to prescribe the rates, terms and conditions for summoned equipment will have a neutral impact on equipment owners because the proposed equipment rates are the rental rates established by the Ministry of Transportation that are published annually and used throughout Ontario and are familiar to industry and municipalities.

Compensation for equipment operators should provide a neutral to positive impact because the operator will receive the same wages that they would receive from their employer. Depending on the situation, industry partners may be in a shutdown period due to proximity to the fire and the summons would present an opportunity for their operators to be compensated for alternate work. It is anticipated that industry may have concerns about the inability to get insurance for equipment loss or damage related to wildland fire. This issue will be addressed by the ministry’s commitment to repair or replace equipment that is damaged or lost during its use in controlling or extinguishing a wildland fire or responding to a wildland fire emergency.

There are no new administrative costs associated with the proposal to prescribe rates, terms and conditions for summoned equipment and operators.

The socio-economic consequences of the proposals are anticipated to be positive as it will result in faster deployment of equipment, without needing to negotiate individual agreements each time that equipment is needed. The proposal provides a more transparent and consistent approach to setting equipment rates and wages for operators.

Amendments to the Outdoor Fires Regulation (O. Reg. 207/96):

We anticipate that the proposed amendments to the Outdoor Fires regulation will have a neutral to positive economic impact on industry partners because several of the proposed changes would provide additional clarity about the regulation’s conditions without adding new requirements, some changes will reduce burden by removing permitting requirements, and some changes will allow low risk activities to be conducted with fewer requirements (e.g., forest industry slash pile burning).

We anticipate that Indigenous communities will be supportive of the proposal to change the fire permit requirements for Indigenous ceremonial and cultural burning during the fire season or in a restricted fire zone.