Part V Rights of Entry Part 2

Entry to Land or Premises

• A person may enter land or premises without a warrant to investigate the cause of a fire or determine if a substance or device likely to cause a fire is present.
• The person may enter adjacent land or premises if necessary for the investigation.

Powers of Entry

• The person may exercise powers, including:
  • Inspecting and examining the land or premises
  • Searching for and seizing any substance or device that may cause a fire
  • Taking photographs and videos
  • Making copies of relevant documents

Use of Force

• A person entering land or premises under subsection (1) or (3) shall not use force to enter.
• A person authorized by a warrant issued under subsection (6) may use force as necessary to make the entry and do the thing.

Warrant Authorizing Entry

• A justice of the peace may issue a warrant authorizing the Fire Marshal or a fire chief to enter land or premises if:
  • There are reasonable grounds to believe that entry is necessary for the investigation
  • The Fire Marshal or fire chief has been denied entry or obstructed in exercising powers

Execution and Expiry of Warrant

• The warrant shall specify the times during which it may be carried out and state when it expires.
• A justice of the peace may extend the date on which the warrant expires.

Immediate Threat to Life

• If the Fire Marshal, an assistant, or a fire chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, they may:
  • Enter land or premises without a warrant
  • Remove persons, post a fire watch, remove combustible materials, eliminate ignition sources, and more
• The person who enters land or premises must give notice to the owner and post a copy of the notice on the land or premises.

Assistance and Identification

• A person who enters land or premises under section 14 or 15 may call on other persons to assist.
• On request, the person who enters land or premises must identify themselves and explain the purpose of the entry.

This quiz covers the legal aspects of entering adjacent lands or premises for fire investigation purposes, including the powers and authorities involved.