CHAPTER 34. An Act to provide for the Prevention and Suppression of Fires. (Assented to April 8, 1926.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: SHORT TITLE. 1. This Act may be cited as "The Fire Prevention Act." Short title INTERPRETATION. 2. In this Act, unless the context otherwise requires― (b) "Regulations" shall mean the regulations made un- OFFICIALS. Definitions 3.-(1) The Lieutenant Governor in Council may ap- officials point (a) a fire commissioner who shall perform the duties of the fire commissioner prescribed by this Act and such other duties as he may be directed to perform by the Minister or by regulation. (b) a deputy to the fire commissioner; (c) inspectors known to be competent and skilled in the (d) such other officers, clerks and servants as may be (2) The fire commissioner, deputy fire commissioner, inspectors and such other officers, clerks and servants shall receive such salaries or other remuneration as shall be fixed by the Lieutenant Governor in Council. deputy 4. (1) The deputy fire commissioner may act in the Powers of stead of the fire commissioner in the absence of the latter from his post of duty or during illness or other physical disability, or in case of a vacancy in the office, or when Local assistants Duties of fire ordered so to do by the fire commissioner, and when so acting, shall have all the power and authority of the fire commissioner. (2) The deputy, when conducting an inquiry as to the cause, origin and circumstances of a fire, shall have the same powers as are given the fire commissioner by this Act or by regulation. 5. The persons mentioned in this section shall be local assistants to the fire commissioner, that is to say (a) in a city, town or village which maintains a fire department, the chief of the fire department; (b) in any town or village or municipal district where no fire department is maintained, the mayor or reeve, provided that the fire commissioner may appoint some fit and proper person to act as local assistant instead of the mayor or reeve. 6. The fire commissioner shall enforce all laws of the commissioner Province and regulations made thereunder relative to(a) the prevention of fires; Magisterial powers Oath of office. (b) the storage, sale, and use of combustibles and explosives; (c) the installation and maintenance of automatic or other fire alarm systems and fire-extinguishing equipment; (d) the construction, maintenance and regulation of fire escapes; (e) the means and adequacy of exit, in case of fire, from factories, asylums, hospitals, churches, schools, halls, theatres, amphitheatres, and all other places in which numbers of persons work, live or congregate from time to time for any purpose; (f) the suppression of arson and investigation of the cause, origin and circumstances of fires. 7. The fire commissioner shall have all authority and jurisdiction of a police magistrate for the arrest and punishment of all persons disturbing the peace at any fire or suspected of stealing any property whatsoever at such fire and for the purpose of the enforcement of this Act and may cause the offender or persons so suspected to be brought before him or a police magistrate to be dealt with according to law. 8. The fire commissioner, his deputy, every inspector and every other officer or person engaged in the carrying out of the provisions of this Act, shall, before entering upon the duties of his office, take an oath of allegiance and also an oath of office in the form following, that is to say: that I will truly, faithfully and impartially perform the duties appertaining to my office of.... ..according to the best of my skill and ability. So help me God." 9. The fire commissioner, his deputy, inspectors and Constables such other officers as may be deemed necessary for the proper carrying out of the provisions of this Act, shall, on taking the oath of office as required by law, be ex officio provincial constables. clause 10. Nothing in this Act shall render it obligatory for the Saving fire commissioner, his deputy or inspectors to perform in cities, towns or villages such of the duties prescribed by or under the authority of this Act, relating to matters which are provided for by by-laws of the municipality, other than the investigation of or enquiry into the origin of fires. INVESTIGATION OF FIRES BY LOCAL ASSISTANT. of fires 11. (1) The local assistant to the fire commissioner Investigation shall investigate or cause to be investigated in a general way the cause, origin and circumstances of every fire occurring within the limits of their respective jurisdictions by which property has been destroyed or damaged, with a special view to ascertaining whether such fire was the result of negligence, carelessness, accident or design. local (2) Every local assistant shall, immediately after any Report by such investigation, furnish to the fire commissioner, on a assistant form to be supplied by the latter, a written statement of all the facts relating to the cause and origin of the fire that can be ascertained, and such further information as may be required by the form. entry (3) Every local assistant shall have authority at all times, Power of by day or night, in the performance of the duties imposed upon him by this Act, or any regulation thereunder, to enter in and upon, and to examine, any building or premises where a fire has occurred, and, if deemed necessary for the purposes of his investigation other buildings and premises adjoining or near the same. by fire (4) A similar investigation may be held by the fire com- Investigation missioner or by any person deputed by him to hold such an commissioner investigation, and such investigation may be either in lieu of or in addition to an investigation by a local assistant; and in conducting any investigation, the fire commissioner or any person deputed by him to hold such investigation, shall have all the powers of a local assistant. (5) There shall be paid to every local assistant of the Allowance fire commissioner the sum of fifty cents for each fire, reported upon by him to the satisfaction of the fire commissioner, and in addition thereto mileage at the rate of twelve cents per mile travelled to and from the place of fire. Inquiry Powers of person holding inquiry Examination of witnesses Summons Warrant Form of summons or warrant Refusal to answer questions (6) Such allowance shall be paid by the fire commissioner monthly out of the funds provided for the use of his office. INQUIRIES. 12. (1) The fire commissioner or his deputy, or some competent person or persons employed by him for that purpose may hold an inquiry into the cause, origin and circumstances of any fire by which property has been destroyed or damaged. (2) Every person holding any such inquiry shall ex officio possess all the power, authority and jurisdiction of a judge of a district court or coroner for all purposes connected with any inquiry conducted by him under this Act, and shall have power to summon before him all persons whom he deems capable of giving information or evidence touching or concerning such fire. (3) Such persons shall be examined under oath before the person holding the inquiry, who is hereby authorized to administer such oath, and he shall reduce their examinations into writing, either with or without the intervention of a stenographer. 13.—(1) If any person summoned to appear before the person holding any such inquiry neglects or refuses to appear at the time and place specified in the summons, then on proof of the service of such summons, either personally or by leaving the same for him at his last or most usual place of abode, the person holding the inquiry may, if the circumstances shall seem to him to justify the same, issue a warrant under his hand to bring and have the person summoned, at a time and place to be therein mentioned, before him to give evidence and answer his contempt. (2) If the person holding the inquiry is satisfied by evidence upon oath that it is probable that any person will not attend to give evidence without being compelled to do so, then instead of issuing a summons he may, in the first instance, issue his warrant. (3) For the purpose of any inquiry under this Act, any summons or warrant shall be in the same form mutȧtis mutandis as those provided by the Criminal Code of Canada. 14. If any person on his appearance, either in obedience to such summons or by being brought by virtue of a warrant, refuses to be examined upon oath, or refuses to take such oath, or having taken such oath, refuses to answer the questions put to him, without giving any just excuse for such refusal, the person holding the inquiry may, by warrant under his hand, commit the person so refusing to a common gaol, there to remain and be imprisoned for any time not exceeding one month, unless in the meantime he consents to be examined and to answer the questions put to him. police 15. The person holding the inquiry shall be entitled Duties of to command the service of one or more police officers or constables during such inquiries, and for the service of any summons or the execution of warrants issued by him. inquiry 16. Any inquiry held by or under the direction of the Private fire commissioner under this Act may, in his discretion, be private, and persons other than those required to be present by the provisions of this Act may be excluded from the place in which such inquiry is held, and witnesses may be kept separate and apart from each other and not allowed to communicate with each other until they have been examined. 17. Witnesses summoned by any person holding an in- Fees quiry shall be entitled to receive the same fees as are now paid to witnesses under The Criminal Code of Canada. Attorney case of arson 18.-(1) If the fire commissioner is at any time of the Report to opinion that there is evidence sufficient to charge any per- General in son with the crime of arson, or an attempt to commit arson, he shall at once report to the Attorney General and furnish him with all such evidence, together with the names of witnesses and all information obtained by him. (2) Should the Attorney General prosecute the suspected person, the costs of prosecution shall be payable from the fund provided for the administration of justice. INSPECTION OF BUILDINGS. buildings 19. The fire commissioner, his deputy, any inspector or Inspection of any local assistant shall upon complaint of any person interested, or, when he deems it necessary, without such complaint, inspect all buildings, structures or places within his jurisdiction and for such purpose may at all reasonable hours enter into and upon the same. after 20.-(1) Where an inspection has been made, then if— Order made (a) the building or structure is in such a condition, or inspection is so situated, that the rapid spread of fire therefrom to other buildings or structures might reasonably be anticipated, or by reason of disrepair, age or dilapidated condition, or for any other cause, is specially liable to fire; or (b) the nature of the use or occupancy of the building, structure or place is such that there is a special danger of fire; or |