Application
21.1 (1) This section applies with respect to a fire that is caused by the conduct of a person, including any failure of the person to comply with a provision of this Act or the regulations, an order made under this Act or the conditions of a permit issued under this Act. 2017, c. 8, Sched. 12, s. 1. Liability for costs (2) A person referred to in subsection (1) is liable to the Crown or to any other person who carries out activities to control or extinguish the fire for the costs or expenses of any action taken by the Crown or the person to control or extinguish the fire and shall reimburse the Crown or the person for those costs or expenses. 2017, c. 8, Sched. 12, s. 1. Liability to Crown for damages (3) A person referred to in subsection (1) is liable to the Crown for any loss or damage incurred by the Crown as a direct or indirect result of the fire, including, (a) the loss of any forest resources, within the meaning of the Crown Forest Sustainability Act, 1994; or (b) the cost or expense of renewing the forest resources lost as a direct or indirect result of the fire. 2017, c. 8, Sched. 12, s. 1. Prescribed costs, etc. (4) The costs, expenses, losses or damages incurred by the Crown and referred to in subsection (2) or (3) shall include such costs, expenses, losses or damages as may be prescribed by regulation. 2017, c. 8, Sched. 12, s. 1. Cost paid by municipality (5) If a municipality pays the Crown in right of Ontario under subsection 21 (1) for costs and expenses incurred by the Crown in controlling and extinguishing a fire, the person referred to in subsection (1) of this section is liable to the municipality under subsection (2) of this section for those costs and expenses, as though they had been incurred by the municipality in controlling and extinguishing the fire. 2017, c. 8, Sched. 12, s. 1. Debt to Crown (6) The amount of any costs, expenses, losses or damages referred to in subsection (2) or (3) for which a person is liable to the Crown, (a) is a debt due by the person to the Crown; (b) shall be payable to the Crown upon demand at a date specified by the Crown; and (c) may be recovered by any remedy or procedure available to the Crown by law. 2017, c. 8, Sched. 12, s. 1. Debt to person other than Crown (7) The amount of any costs or expenses referred to in subsection (2) for which a person is liable to a person other than the Crown is a debt due by the person to the other person and may be recovered by any remedy or procedure available to the other person by law. 2017, c. 8, Sched. 12, s. 1. Presumed liability of railway operators (8) If a fire originates within 15 metres of the centre line of a railway track, (a) the fire is presumed to have been caused by the conduct of railway operations for the purposes of subsection (1); and (b) the railway corporation responsible for the railway operations conducted on the railway track at the time the fire originated is liable for any costs, expenses, loss or damages related to the fire and described in subsections (2) and (3) as though the railway corporation was a person whose conduct caused the fire. 2017, c. 8, Sched. 12, s. 1. Rebuttal of presumed liability (9) If the railway corporation referred to in clause (8) (b) proves on the balance of probabilities that the fire was caused by another person or by something other than the conduct of railway operations, (a) the presumption under clause (8) (a) is rebutted; and (b) the operator of the railway company is not liable for any costs, expenses, loss or damages under this section. 2017, c. 8, Sched. 12, s. 1. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. N, s. 3 (4) - 22/12/1999 2002, c. 18, Sched. L, s. 4 (6) - 26/11/2002 2017, c. 8, Sched. 12, s. 1 - 17/05/2017