6

 

First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 6

AN ACT TO AMEND THE FIRE
PREVENTION ACT, 1991

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JACK BYRNE

Minister of Municipal and Provincial Affairs

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

Clause 1 of the Bill would add a subsection 5(2) to the Fire Prevention Act, 1991 to allow the fire commissioner to delegate his or her duty to review construction plans and specifications to another departmental employee or suitably qualified person.

Clause 2 of the Bill would amend subsections 6(1) and (2) of the Act to include a reference to the person delegated under the proposed subsection 5(2). This clause would also add subsection 6(3) to the Act. This subsection would validate decisions of persons who made decisions with respect to construction plans and specifications before the commencement of the proposed subsection 5(2).

Clause 3 of the Bill would amend section 28 of the Act to include a reference to a person delegated under the proposed subsection 5(2).

 

A BILL

AN ACT TO AMEND THE FIRE
PREVENTION ACT, 1991

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(2) Subsection 6(2) of the Act is repealed and the following is substituted: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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

©Earl G. Tucker, Queen's Printer