This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © 2009, Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
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. 2009-164 (March 31, 2009, effective April 1, 2009), N.S. Reg. 109/2009
1 These regulations may be cited as the “Forest Fire Protection Regulations”.
2 In these regulations
(a) “Act” means the Forests Act, R.S.N.S. 1989, c. 179;
(b) “conservation officer” means a conservation officer appointed pursuant to the Act and includes a warden as defined in the Wildlife Act;
(c) “Department” means the Department of Natural Resources;
Clause 2(c) amended: O.I.C. 94-257, N.S. Reg. 52/94.
(ca) “domestic burning permit” means any permit to burn with the exception of an industrial burning permit;
Clause 2(ca) added: O.I.C. 94-257, N.S. Reg. 52/94.
(d) “fire season” means the period of time when a burning permit is required before a fire may be set;
(e) “flammable debris” means waste material which represents a threat of ignition or spread of fire and includes loose paper, cured grass and logging slash;
(f) “forest” means a plant association consisting predominately of trees;
(g) “forest land” means land bearing forest growth or land from which the forest has been removed but which shows surface evidence of past forest occupancy and is not now in other use;
(ga) “industrial burning permit” means a permit authorizing the holder (i) to burn a fire that will not be extinguished by 8:00 a.m. of the day following the ignition of the fire, or (ii) to carry out blueberry burning on an area in excess of two hectares in size, or (iii) to carry out burning for which an individual or contractor will be remunerated;
Clause 2(ga) added: O.I.C. 94-257, N.S. Reg. 52/94.
(h) “Minister” means the Minister of Natural Resources;
Clause 2(h) amended: O.I.C. 94-257, N.S. Reg. 52/94.
(i) “operation or activity” means any work carried out and includes a construction project, industrial project or forestry operation;
(j) “permit to burn” means a domestic burning permit or an industrial burning permit issued pursuant to the Act and regulations authorizing the holder to burn;
Clause 2(j) amended: O.I.C. 94-257, N.S. Reg. 52/94.
(k) “woods” means forest land and rock barren, brushland, dry marsh, bog or muskeg.
3 (1) The fire season for the counties of Yarmouth, Digby, Shelburne, Kings, Annapolis, Queens and Lunenburg shall be the period of time during each year from the first day of April to the fifteenth day of October, both dates inclusive.
(2) The fire season for all other counties in the Province shall be the period of time during each year from the fifteenth day of April to the fifteenth day of October, both dates inclusive.
(3) Except as provided in the Act, during the fire season as prescribed in subsections (1) and (2), no person shall set, start, kindle or maintain a fire in the woods or within one thousand feet of the woods without a valid permit to burn.
3A (1) The Minister or a person authorized or designated by the Minister may issue the following types of permits to burn for the fees stated, which fees shall be inclusive of any applicable taxes:
(a) domestic burning permit $ 5.60
Clause 3A(1)(a) amended: O.I.C. 2009-164, N.S. Reg. 109/2009.
(b) industrial burning permit $56.04
Clause 3A(1)(b) amended: O.I.C. 2009-164, N.S. Reg. 109/2009.
(2) Any person authorized or designated by the Minister to issue a permit to burn shall complete such returns as directed by the Minister, and shall remit to the Minister all money received from the sale of such permits to burn, less any amount allowed by the Minister by way of commission.
Section 3A added: O.I.C. 94-257, N.S. Reg. 52/94.
3B (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.
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.