The following check list is being shown to indicate compliance with the Criminal Code of Canada Arson Legislation, in regard to Fire Prevention and Safety.

The following information are excerpts from a "Guide to the Intent and Interpretation of the New Arson Legislation", which was information from the Criminal Code of Canada.

This Guide and subsequent information was prepared by representatives of :

• Association of Canadian Fire Marshals;
• Fire Commissioners (ACFM/FC);
• Canadian Association of Police (CACP);
• Canadian Association of Fire Chiefs Inc. (CAFC);
• provides safety for those who are illiterate;
• Canadian Fire investigation School (CFIS);
• Department of Justice; and
• Insurance Crime Prevention Bureau (ICPB);

If you would like a complete and subsequent version of this Guide please contact C.A.F.C. at 1-800-668-2955.

On July 1, 1990 Sections 433 to 436 of the Criminal Code have been repealed and the following excerpts substituted therefore:

Scope of the New Offense

Previously, arson consisted of willfully setting fire to specific types of property. Arson has been re-defined as any conduct which causes a fire or explosion which results in the damage to property. This extends the Scope of the Offence in two ways:

1. It provides that the damage can be caused by fire or explosion:
2. It also eliminates distinction between various types of property that can be the subject of an arson charge.

Intentionally Means

A person acts intentionally with respect to a circumstance when he/she hopes or knows that it exists or will exist, and to a result when he/she acts either in order to bring it about or is aware that it will occur in the ordinary course of events.

NOTE: Recklessly Means

A person acts recklessly with respect to a material element of an offence when he/she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his/her conduct and engages in the conduct notwithstanding the appreciation or knowledge of the risk.

Negligence is defined as:

"A person is negligent as to conduct, circumstances or consequences if it is a marked departure from the ordinary standard of reasonable care to engage in such conduct, to take the risk (conscious or otherwise) that such consequences will result, or to take the risk (conscious or otherwise) that such consequences did result, or to take the risk (conscious or otherwise) that such circumstances obtain"

Marked Departure etc.. means a person who makes a noticeable distinct deviation from the standard of care, and one who does not exercise sound judgment, is not cautious in conduct and is not managing his/her property carefully. Criminal liability relates directly to the actual behaviour of the person who is accused and whether that behaviour is a marked departure from the standard of care that a reasonably prudent person would be found to be obliged to observe.

ARSON BY NEGLIGENCE

Section 436 (1)

Every person who owns in whole or in part, or controls property is guilty of an indictable offence for a term not exceeding five years where, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, that person is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property.

 

NON-COMPLIANCE WITH PREVENTION LAWS

Section 436 (2)

Where a person is charged with an offence under subsection (1), the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.

This Law now gives fire officials considerable clout in their efforts to have penny pinching owners of hotels, rooming houses, apartments, etc., comply with provincial and municipal fire safety laws and regulations.

Section 436 (1) will apply if some of the following examples occurred:

• The sprinkler system was shut off;
• Fire alarm system inoperable, exits blocked;
• Combustibles allowed to accumulate as to constitute a fire hazard:
• Stairwell doors blocked open;
• Situations as to unsafe storage of flammable liquids;
• Flammable vapours escaping to allow a hazardous condition, where there is a danger from fire or explosion etc..;
• Fire extinguishers required but not installed ; and
• Non maintenance of fire safety and life safety systems or equipment in a building that if operable would control the spread of fire.

These are just a few examples.

First of all there has to be an accidental fire, and if the above examples did not prevent or control the spread of fire or explosion, and caused bodily harm to another person or damaged property he/she could be charged.

This New Arson Legislation Stresses Fire Prevention.

As owners it is your responsibility and obligation to ensure you meet all requirements. If you don't, you could be charged. Ignorance of the law is no defence.