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Forest Fire Protection Regulations

made under subsection 23(2) and Section 40 of the

Forests Act

R.S.N.S. 1989, c. 179

O.I.C. 87-341 (March 26, 1987), N.S. Reg. 55/87

as amended up to O.I.C. 2013-163 (May 14, 2013, effective January 1, 2014), N.S. Reg. 207/2013

 

1     These regulations may be cited as the “Forest Fire Protection Regulations”.

 

2     In these regulations,

 

“Act” means the Forests Act;

 

“burn day” means a day during a fire season that is publicly announced in accordance with Section 3 as a day on which an individual or group of individuals may carry out domestic burning in accordance with subsection 3A(1);

 

“campfire” means any open fire that burns no larger than 0.5 m in diameter and is intended for recreation and not for survival;

 

“day” means the 24-hour period between 2 p.m. on any day and 2 p.m. on the following day;

 

“domestic burning” means burning, for no remuneration, tree limbs, leaves, brush or cut grass

 

                         (i)     in no more than 2 piles, each of which is no wider than 3 m in diameter and no taller than 2 m,

 

                         (ii)    as a campfire, or

 

                         (iii)   while burning for blueberries within an area smaller than or equal to 2 ha;

 

“domestic burning permit” means a permit to burn in the form of an announcement of a burn day or restricted burn day;

 

“industrial burning” means burning that meets any of the following criteria:

 

                         (i)     it is carried out by a person for remuneration,

 

                         (ii)    it is carried out for land-clearing or agricultural purposes, including burning for blueberries within an area larger than 2 ha,

 

                         (iii)   the material being burned is in more than 2 piles of any size,

 

                         (iv)   the material being burned is wider than 3 m in diameter or taller than 2 m,

 

                         (v)    the fire will not be extinguished by 8:00 a.m. of the morning following the ignition of the fire;

 

“industrial burning permit” means a permit to burn that authorizes the holder to carry out industrial burning;

 

“non-burn day” means a day during a fire season that is publicly announced in accordance with Section 3 as a day on which, except as provided in subsection 23(4) of the Act and in subsection 3A(3), a person is prohibited by subsection 23(3) of the Act from carrying out burning in or within 1000 ft. (305 m) of woods;

 

“operation or activity” means any work carried out and includes a construction project, industrial project or forestry operation;

 

“permit to burn” means a permit issued under the Act and these regulations that authorizes a person to carry out burning;

 

“restricted burn day” means a day that is publicly announced in accordance with Section 3 as a day on which an individual or group of individuals may carry out restricted domestic burning in accordance with subsection 3A(2).

Section 2 replaced: O.I.C. 2013-163, N.S. Reg. 207/2013.

 

3     (1)    The fire season for the Province is the period during each year from March 15 to October 15, both dates included.

 

       (2)    Each day during a fire season, the Minister or a person delegated by the Minister must publicly announce, for each county in the Province, whether that day is a burn day, a restricted burn day or a non-burn day in that county.

 

       (3)    A public announcement required by subsection (2) must be published on the Department’s Forest Protection website and be available by telephone at the Department’s toll-free number.

Section 3 replaced: O.I.C. 2013-163, N.S. Reg. 207/2013.

 

3A  (1)    On a burn day, domestic burning is permitted in or within 1000 ft. (305 m) of woods only if all of the following conditions are met:

 

                (a)    every reasonable effort is taken to prevent the fire from spreading;

 

                (b)    the fire is not left unattended;

 

                (c)    piles of material to be burned are at least 10 m apart;

 

                (d)    the fire is extinguished by 8 a.m. on the morning following the ignition of the fire.

 

       (2)    On a restricted burn day, domestic burning is permitted in or within 1000 ft. (305 m) of woods only if all of the following conditions are met:

 

                (a)    every reasonable effort is taken to prevent the fire from spreading;

 

                (b)    the fire is not left unattended;

 

                (c)    piles of material to be burned are at least 10 m apart;

 

                (d)    burning takes place only during the time period specified on the Department’s Forest Protection website and by telephone at its toll-free number.

 

       (3)    On a non-burn day, the prohibition in subsection 23(3) of the Act against burning in or within 1000 ft. (305 m) of woods does not apply to a person who has the express written permission of the local Area Supervisor of the Department to carry out burning as part of a special event.

Section 3A added: O.I.C. 2013-163, N.S. Reg. 207/2013.

 

3B   (1)    The fee for an industrial burning permit is $60.50, inclusive of any applicable taxes.

Subsection 3B(1) replaced: O.I.C. 2013-163, N.S. Reg. 207/2013.

 

       (2)    Any person authorized or designated by the Minister to issue an industrial burning permit shall complete such returns as directed by the Minister, and shall remit to the Minister all money received from the sale of such industrial burning permits, less any amount allowed by the Minister by way of commission.

Subsection 3B(2) amended: O.I.C. 2013-163, N.S. Reg. 207/2013.

Section 3A added: O.I.C. 94-257, N.S. Reg. 52/94; renumbered 3B: O.I.C. 2013-163, N.S. Reg. 207/2013.

 

3C  (1)    Where a municipality operates a municipal land fill site and applies for a permit to burn for the purpose of the operation of the landfill site, the Minister or a person authorized or designated by the Minister may issue to the Municipality an industrial burning permit for a period of time equivalent to the fire season for the area in which the landfill site is located.

 

       (2)    Notwithstanding subsection (1), and in addition to any other conditions that may be imposed, an industrial burning permit issued pursuant to subsection (1) may contain such conditions respecting suspension or cancellation as considered necessary by the Minister or a person authorized or designated by the Minister to issue such a permit for the adequate protection from and control of forest fires.

Section 3B added: O.I.C. 94-257, N.S. Reg. 52/94; renumbered 3C: O.I.C. 2013-163, N.S. Reg. 207/2013.

 

4     Any person failing to comply with the terms and conditions contained on a permit to burn or on any sheet annexed thereto is guilty of an offence.

 

5     (1)    Where a permit holder is notified of the suspension or cancellation of the permit to burn, the permit holder or any person acting on that person’s behalf is guilty of an offence if any fire ignited under the permit is not immediately extinguished.

 

       (2)    Where a permit to burn is cancelled or suspended, the permit holder shall forthwith upon request surrender the permit to the Department.

 

6     (1)    Except where the Department has prescribed or approved specific alternatives, every person in charge of an operation or activity conducted in the woods or within 1000' (305 m) of the woods during the fire season shall provide and maintain fire fighting equipment as follows:







Crew size Persons




Water tank 200 gal. or bag with hand pump

Motor pump* & 1000' (305 m) 1.5 in. (38 mm) hose & nozzle** or motor pump, portable (910 L) tank & 200' (61 m) of 1.5 in. (38 mm) hose & nozzle***







Shovels







Pails






Axes or equivalent+






Grub hoes or equivalent+

 

 

 

 

 

 

 

1-2

-

-

1

-

-

-

3-5

1

-

2

1

1

1

6-10

2

-

4

2

2

1

11-20

3

1

8

4

4

2

21-30

5

1

12

6

6

3

31-40

8

1

16

8

8

4

41-50

12

1

20

10

10

5

51-60

15

2

24

12

12

6

61-70

18

2

28

14

14

7

71-80

21

2

32

16

16

8

81-90

24

2

36

18

18

9

91-100

27

2

40

20

20

10

100+

30

3

40

20

24

12

*Minimum 40 gal (180 L) per minute @ 100 psi (690 kPa).

**Minimum 1000' (305 m). Sufficient hose must be available to reach from an acceptable water source to all areas of the work site.

 ***Minimum 50 psi (345 kPa) shutoff pressure capable of reaching all areas of the work site.

+ A pulaski tool = axe + grubhoe.

Subsection 6(1) replaced: O.I.C. 97-446, N.S. Reg. 82/97.

 

       (2)    All fire fighting equipment required under subsection (1) shall be maintained in proper working order and shall be made readily available in the general area of the operation or activity.

 

7     (1)    In this Section,

 

                (a)    “Class I machine” means a farm tractor, a skidder, a forwarder, a roadside slasher, a roadside delimber, a loader, a wood transporting vehicle, road construction equipment, a welding vehicle or an equipment servicing vehicle;

 

                (b)    “Class II machine” means a chipper, a feller buncher, a wood harvester or a wood processor.

 

       (2)    Every person in charge of an operation or activity in the woods or within 1000' (305 m) of the woods during the fire season where a Class I machine is used or operated shall ensure that the following equipment is securely affixed to the machine:

 

                (a)    one 5-lb. (2.25 kg) or two 2.5-lb. (1.13 kg) ABC fire extinguishers of a type approved by the Canadian Standards Association (C.S.A.) or the Underwriters’ Laboratories of Canada (U.L.C.) or their successors, fully charged and equipped with pressure gauges; and

 

                (b)    one round point shovel.

 

       (3)    Every person in charge of an operation or activity in the woods or within 1000' (305 m) of the woods during the fire season where a Class II machine is used or operated shall ensure that the following equipment is securely affixed to the machine:

 

                (a)    where the machine is equipped with an on-board suppression system,

 

                         (i)     one 10-lb. (4.54 kg) or two 5-lb. (2.25 kg) ABC fire extinguishers of a type approved by the C.S.A. or U.L.C. or successors, fully charged and equipped with pressure gauges,

 

                         (ii)    one round point shovel, and

 

                         (iii)   one back tank pump unit containing not less than 4 gal. (18 L) of water, or an additional 10-lb. (4.54 kg) ABC fire extinguisher of a type approved by the C.S.A. or U.L.C. or successors, fully charged and equipped with pressure gauges, or equivalent;

 

                (b)    where the machine is not equipped with an on-board suppression system,

 

                         (i)     one 20-lb. (9.0 kg) or two 10-lb. (4.54 kg) ABC fire extinguishers of a type approved by the C.S.A. or U.L.C. or successors, fully charged and equipped with pressure gauges,

 

                         (ii)    one round point shovel, and

 

                         (iii)   one back tank pump unit containing not less than 4 gal. (18 L) of water, or an additional 20-lb. (9.0 kg) ABC fire extinguisher of a type approved by the C.S.A. or U.L.C. or successors, fully charged and equipped with pressure gauges, or equivalent.

 

       (4)    In addition to the requirements of subsection (3), every person in charge of an operation or activity in the woods or within 1000' (305 m) of the woods during the fire season where a Class II machine is used or operated shall have the following available at the operating site:

 

                (a)    a source of water of not less than 45 gal. (205 L);

 

                (b)    one back tank pump containing not less than 4 gal. (18 L) of water; and

 

                (c)    a two-way communications system.

 

       (5)    A person subject to the provisions of this Section shall ensure that the required equipment is kept in proper working order at all times.

Section 7 replaced: O.I.C. 97-446, N.S. Reg. 82/97.

 

8     (1)    No person shall operate a power saw on forest land during the fire season unless the power saw is equipped with an exhaust muffler in functional condition and a spark arresting device in functional condition.

 

       (2)    A person who operates a power saw on forest land during the fire season shall keep a fire extinguisher containing not less than .5 lb. (.225 kg) of ABC dry chemical at the site where the person refuels the power saw.

Section 8 replaced: O.I.C. 97-446, N.S. Reg. 82/97.

 

9     (1)    Where a complaint is laid and information furnished by a person other than a conservation officer, the Minister may pay to the complainant a sum not exceeding one-half of any fine collected as a result of a prosecution for a violation of the Act or the regulations.

 

       (2)    Where a complaint is laid by a conservation officer upon information furnished by any other person, the Minister may pay to the person who furnished the information a sum not exceeding one quarter of any fine collected as a result of a prosecution for a violation of the Act or the regulations.

 

10   These regulations shall come into force on the 1st day of April, 1987.