part 3

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    • #11388

      question when it comes to laying a charge under part 3. currently our bylaw officer is putting together an information for violations related to our zoning bylaw, and building code offences, can he also lay a charge under the fire code, or does it need to be an assistant to the fire marshal to do that? reason he would be doing it is so it can be one court date instead of having a bunch of different information’s and different court dates. TIA

    • #11396
      Steve FowldsSteve Fowlds
      Participant

      it would need to be an assistant to  the fire marshal.  unless the bylaw officers have been given that designation in your municipality.   In Durham region bylaw and fire charges are usually heard on separate days anyways.

    • #11421
      Joseph GardinerJoseph Gardiner
      Participant
      • City: North Bay
      • Department Name: North Bay Fire & Emergency Services

      To add to Steve’s comments. Please refer to enforcement TG-01-2012 link below. It is currently under review but this paticular topic is relevant and current.  http://www.mcscs.jus.gov.on.ca/english/FireMarshal/Legislation/TechnicalGuidelinesandReports/TG-2012-01.html#P347_68300

      See excerpt below:

      8.4 Swearing the Information and Service of Summons
      The informant (assistant to the Fire Marshal) must prepare and bring the Information Form 105 before the justice who will consider the matter in the presence of the informant pursuant to Section 23 of the POA. The informant must bring a completed Summons for authorization by the justice in Form 106. The informant must demonstrate reasonable and probable grounds to believe that the person(s) named in the Information committed an offence, and swear under oath to the facts contained in the Information.

    • #11431

      i spoke with Tawnya Roberts about this. and reviewed  the provincial offences act, anyone can swear an information, it doesnt need to be an assistant to the fire marshal. you dont even need to be a POA to swear an information

    • #11495
      John WilsonJohn Wilson
      Participant
      • Department Name: Perth Fire Services

      But if you are not an AFM, what grounds/authority do you have to swear under oath to the facts contained in the Information are correct? I can’t imagine that the JP will accept ‘because the FPO said so’ and no one but an AFM has the authority to enforce the Code.

    • #11541

      the AFM will still have to be the one to provide the information and testify at the hearing. thats all included in the disclosure.

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