Statutes of Newfoundland and Labrador 2004 Chapter 9

This is an official version.

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2004

CHAPTER 9

AN ACT TO AMEND THE FIRE
PREVENTION ACT, 1991
(Assented to June 8, 2004)

Analysis

1. S.5 Amdt.
Duties

2. S.6 Amdt.
Plans submitted

3. S.28 Amdt.
Actions against fire commissioner

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1991 c34
as amended

1. Section 5 of the Fire Prevention Act, 1991 is amended by renumbering it as subsection 5(1) and by adding immediately after that subsection the following:

(2) Notwithstanding paragraph (1)(d), the fire commissioner may, in writing, delegate his or her duties under that paragraph to

(a) another official or employee of a department of the government of the province; and

(b) a person who, in the opinion of the fire commissioner, is suitably qualified to carry out those duties.

2. (1) Subsection 6(1) of the Act is amended by adding immediately after the word "commissioner" the words and commas "or, where applicable, the person to whom duties have been delegated under subsection 5(2),".

(2) Subsection 6(2) of the Act is repealed and the following is substituted:

(2) The fire commissioner or, where applicable, a person to whom duties have been delegated under subsection 5(2), may order the alteration of plans and specifications submitted to him or her under subsection (1).

(3) A decision or order of a person who, after April 1, 1996 exercised the authority of the fire commissioner with respect to paragraph 5(d) or section 6 in force immediately before the coming into force of this section shall be considered to have been validly made under this Act notwithstanding the absence of a proper delegation of that authority by the fire commissioner to that person.

3. Section 28 of the Act is amended by adding immediately after the words "deputy fire commissioner" a comma and the words "a person to whom duties have been delegated under subsection 5(2)".