Modifying hours of operation
 23. (1) Based on the fire risk category of an industrial operation and the fire intensity code determined under section 22 for the industrial operation’s worksite on any given day, the operator of the industrial operation shall ensure that the hours of operation for the next day are adjusted as required under this section. O. Reg. 332/15, s. 6. (2) This section does not apply to an industrial operation relating to the construction or maintenance of utility corridors or railway rights of way if those operations are immediately necessary to ensure public safety or, due to exigent circumstances, to comply with the law and if the following conditions are met: 1. The operator has prepared a fire prevention and preparedness plan in accordance with section 24 that contains provisions relating to the conduct of such operations and specifies the steps to be taken to minimize the risk of fire and to monitor the site. 2. The operator is carrying out operations in accordance with the fire prevention and preparedness plan. 3. The operator reports the location of the operations and the circumstances in which they are being carried out to the local fire management headquarters. O. Reg. 332/15, s. 6. (3) If an industrial operation that falls within a fire risk category set out in Column 1 of the Table to this subsection does not meet the requirements for a trained and capable industrial operation as described in subsection (5) and plans on a given day to carry out operations in a forest area to which a fire intensity code set out opposite in Column 2 of the Table applies for that day, then, on that day, the operator shall ensure that operations are shut down or that the hours of operation are reduced as indicated in Column 3 of the Table: Table   Requirement to shut down or Reduce hours of operation   (not trained and capable operations) Column 1 Fire Risk Category   Column 2 Fire Intensity Code   Column 3 Reduction of hours 

  Very high risk operation   A, B or C   Shut down operations  

  High risk operation   A or B   Shut down operations  

  High risk operation   C   No operations between 12:00 and 19:00 hours local time 

  Moderate risk operation   A   Shut down operations  

  Moderate risk operation   B   No operations between 12:00 and 19:00 hours local time O. Reg. 332/15, s. 6. (4) If an industrial operation that falls within a fire risk category set out in Column 1 of the Table to this subsection meets the requirements for a trained and capable industrial operation as described in subsection (5) and plans on a given day to carry out operations in a forest area to which a fire intensity code set out opposite in Column 2 of the Table applies for that day, then, on that day, the operator shall ensure that operations are shut down or that the hours of operation are reduced as indicated in Column 3 of the Table: Table   Requirement to shut down or Reduce hours of operation   (Trained and capable operations) Column 1 Fire Risk Category   Column 2 Fire Intensity Code   Column 3 Reduction of hours 

  Very high risk operation   A   Shut down operations  

  Very high risk operation    B   No operations between 08:00 and 22:00 hours local time 

  Very high risk operation    C   No operations between 12:00 and 19:00 hours local time 

  High risk operation   A   No operations between 08:00 and 22:00 hours local time 

  High risk operation   B   No operations between 12:00 and 19:00 hours local time 

  Moderate risk operation   A or B   No operations between 12:00 and 19:00 hours local time O. Reg. 332/15, s. 6. (5) For the purposes of subsections (3) and (4), an industrial operation is considered to be a trained and capable industrial operation if, (a) the operator has prepared a fire prevention and preparedness plan in accordance with section 24, is following the plan and has equipped the worksite with the fire suppression equipment required under section 26; (b) at least one person at the operation’s worksite is equipped with a telephone or other device capable of immediate two-way communication with the local fire management headquarters and other workers at the worksite are capable of contacting that person at all times; and (c) at least 25 per cent of the persons working at the operation’s worksite have received forest fire suppression training using training material prepared by the Ministry. O. Reg. 332/15, s. 6. (6) On any day that an operator of an industrial operation is required to reduce hours under subsection (3) or (4), the operator shall ensure that at least one worker, equipped with a telephone or other device capable of immediate two-way communication with the local fire management headquarters, patrols the area in which operations were carried out for at least one hour after operations cease and extinguishes any fire that the worker finds if it is safe to do so. O. Reg. 332/15, s. 6. (7) If an operator is required to shut down operations on any day under subsection (3) or (4), the operator shall, (a) shut down operations at 06:00 hours local time on the day in question; (b) not begin operations until the requirement to shut down operations no longer applies; and (c) ensure that at least one worker, equipped with a telephone or other device capable of  immediate two-way communication with the local fire management headquarters, patrols the worksite for signs of fire or smoke for at least one hour after operations cease and extinguishes any fire that the worker finds if it is safe to do so. O. Reg. 332/15, s. 6. (8) Workers engaged in patrolling a worksite under subsection (6) or (7) shall ensure that any fire that is discovered and is not kept under control is immediately reported to the Ministry. O. Reg. 94/18, s. 6.