18 Questions
Under what circumstances can a person enter adjacent land or premises without a warrant?
If the entry is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises
What is the purpose of a warrant issued under subsection (6)?
To authorize the Fire Marshal or fire chief to enter land or premises and exercise certain powers
What must a justice of the peace be satisfied with before issuing a warrant under subsection (6)?
That there are reasonable grounds to believe that entry on the land or premises is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises
What happens if a person is denied entry to land or premises or is obstructed in exercising certain powers?
A justice of the peace may issue a warrant authorizing the Fire Marshal or fire chief to enter the land or premises
What must a warrant issued under subsection (6) specify?
The times during which the warrant may be carried out
What is the primary purpose of entering land or premises under subsection (1)?
Both a and b
What is prohibited when entering land or premises under subsection (1) or (3)?
The use of force to enter the land or premises
What happens to a warrant issued under subsection (6) after a certain period of time?
It expires
What is the power of a justice of the peace in relation to a warrant?
To issue a warrant without notice to the owner or occupant
What is the condition under which a person authorized by a warrant may use force?
When necessary to make the entry and do the thing
What is the purpose of the notice given to the owner under subsection (2) of section 15?
To notify the owner of the entry to remove or reduce the threat to life
Who can call on police officers as necessary under section 15?
The person who enters on land or premises under section 15
What is the power of a person who enters on land or premises under section 15?
All of the above
What is the contents of the notice under subsection (4) of section 15?
The description of the land or premises, the reason for the entry, and the things done
Who can assist a person who enters on land or premises under section 14 or 15?
Any other persons the person considers advisable
What is the purpose of identification under section 17?
To identify the person who entered on land or premises
When can a person enter on land or premises without a warrant?
When there is a risk of fire that poses an immediate threat to life
What is the purpose of section 15?
To remove or reduce the threat to life posed by a risk of fire
Study Notes
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.
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