Inspection orders from the Fire Marshal

After inspecting a property, a fire inspector can order the owner or occupant to:

• remove, repair or make alterations to a building or structure
• remove any materials that could be a fire hazard, including combustibles and explosives
• install and use equipment or devices that can remove hazardous materials or prevent the materials from spreading, in case of fire
• stop producing anything that poses an unreasonable risk of fire or explosion
• correct any violation of the Ontario Fire Code
• take any other steps necessary to ensure fire safety, including steps to:
  • prevent or control a fire
  • keep exits clear and accessible
• For example, the fire inspector could order the owner or occupant to:
  • install or maintain fire alarms and detection systems
  • install or maintain fire suppression systems
  • prepare a fire safety plan

These types of orders are listed in section 21(1) of the Fire Protection and Prevention Act (FPPA).

Challenging an inspection order – Step 1: Ask for a review

If you disagree with an inspection order from the Fire Marshal, you have 15 days from the date you were served to ask for a review. To ask for the review, submit an Application for Fire Marshal Review of an Order.

Outcomes of a review of an inspection order

The Fire Marshal can confirm, change, or cancel the original order or order something new. The Fire Marshal will document their decision in a review order. If you are satisfied with the review order, the process ends there.

The Fire Marshal could also refuse to consider your request and refer the matter directly to the FSC for a hearing.

Challenging an inspection order – Step 2: Appeal

If you want to challenge the review decision of the Office of the Fire Marshal, you must appeal to the FSC. You have 15 days to appeal after you are served with the Fire Marshal’s review order.

Outcomes of an appeal of an inspection order

The FSC can confirm, change or cancel the original order or order something new. They will document their decision in an order.

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Orders to pay costs from a Fire Official

The Fire Marshal, an assistant to the Fire Marshal or a Fire Chief can order a property owner or occupant to reimburse the province or a municipality for:

• work that the Fire Safety Commission authorized because the owner or occupant failed to follow a fire safety order, or
• removing or reducing a serious and urgent fire hazard that put lives at risk

Challenging orders to pay costs from a fire official

You have 15 days to appeal to the FSC after you are served with the Fire Marshal’s order.

The FSC will consider whether any of the costs:

• are unreasonable considering the work that was done
• are unrelated to the work that was done
• were for work that was not required or authorized

Outcomes of an appeal of an order to pay costs from a fire official

After hearing the appeal, the FSC can order you to pay reasonable costs for any required work. This amount could be more or less than the amount in the order you appealed. The order will include a deadline to pay.

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Applications by a fire inspector to do work

If a Fire Marshal orders work and the owner or occupant doesn’t do it, a fire inspector can apply to the FSC for permission to do the work. This application is called: Application by an inspector for authorization to complete work required under an order. The inspector cannot do the work without permission from the FSC.

The FSC can authorize the inspector to do the work or have someone else do it, if:

1. The person who is supposed to do the work:
   1. is not likely to follow the inspection order, promptly or at all
   2. is not likely to carry out the order competently, or
   3. asks for the inspector’s help to follow the inspection order
2. Failure to do the work would endanger someone’s health or safety or cause environmental damage

The rules for this application are found in s.33 (1) of the Fire Protection and Prevention Act, 1997.

Participating in a hearing about an application by a fire inspector to do work

If an inspector makes an Application to do Work at a property that you own or occupy, you will:

1. receive notice of the application
2. be invited to submit materials
3. be invited to attend the case conference and hearing

You may want to be involved in the case because, if the FSC gives the inspector permission to do work, you could end up having to pay for it. See Order to Pay Costs and s.35 of the Fire Protection and Prevention Act.

At the hearing or case conference, you might:

1. explain what you did to follow the order
2. ask for more time to follow the order
3. propose alternatives to the order
4. challenge whether authorizing a fire inspector to do work is necessary

Outcomes of an application by a fire inspector to do work

The FSC can authorize the inspector to either do the work or have it done by someone else.

The FSC could also decide to cancel the order, change the order, or make a new order and require the inspector to do the work.

You cannot appeal an FSC decision related to an authorization to do work.

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Language services

The FSC’s documents and forms are available in both French and English. FSC proceedings can be held in English, French or in both languages. If you file your appeal in French, a bilingual adjudicator will be assigned to your hearing. If you filed in English but would prefer to continue in French, please tell the FSC as soon as possible.

Tribunals Ontario is committed to ensuring that French language services are clearly visible, easily accessible, publicized and of equivalent quality to services offered in English. More information is available in the Tribunals Ontario French Language Services Policy .

All correspondence submitted to the FSC must be in English or French.

If you or a witness needs an interpreter in a language other than English or French, notify the FSC at least 14 days before the case conference or hearing. The FSC will either:

1. arrange for an interpreter for you, or
2. approve an interpreter you suggest

Either way, you will have to pay for the interpreter.

Filing an appeal

What to include

To appeal to the FSC, you must complete the Notice of Appeal form . To avoid delays, fill out the form carefully and be sure to include:

• Your full name, address, email address and telephone number
• The name, mailing address, email address, and telephone numbers of your legal representative, if you have one
• The reasons for your appeal and the outcome you are hoping for

Your appeal must also include a copy of the orders you are appealing.

Submitting the appeal

You can send your appeal to the FSC by email, mail or courier. For FSC forms and information about how to file, see Forms and filing.

A staff person at the FSC, called a Case Management Officer (CMO), will review the documents in your appeal. The CMO may contact you if there is information missing from your file. The CMO’s job is to oversee your appeal, from beginning to end. They are not an adjudicator and will not make any decisions about your case.

Timelines for filing an appeal

You must appeal to the FSC within 15 calendar days of receiving an order or review decision and order from the Office of the Fire Marshal.

Except for appeals of an order to pay costs, the FSC may extend the time for appealing beyond 15 days if:

• You request an extension of time, using the Notice of Motion form
• You have good reasons for asking for an extension, and
• It appears your appeal has merit

The FSC cannot extend the 15-day deadline for appeals of an order to pay costs.

There is no deadline for Applications by a Fire Inspector to do work.

Fees

There is no fee to file an appeal with the FSC.

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How to withdraw an appeal

If you decide to withdraw your appeal before the case conference or hearing, send an email to FSCRegistrar@ontario.ca and copy the other parties. In the email, state that you are withdrawing the appeal and include the date and your file number. Your appeal will be closed. You don’t need permission to withdraw your appeal. You could also use the Notice of Appeal form and attach it to your email, but this is not required.

If you want to withdraw your appeal during a case conference or hearing, simply inform the adjudicator.

Case conferences

Overview

After you submit your appeal, it will be reviewed. If your appeal is accepted, you will be invited to a case conference. The case conference is usually held by phone and is led by an FSC adjudicator. The fire official, and your legal representative (if you have one) will also attend the case conference.

If you own or occupy a property that is the subject of an Application by a Fire Inspector to do Work, you will also be invited to a case conference.

The FSC will send you and the fire official a Notice of Case Conference with the date, time, and number to call. The FSC sends the Notice out quickly: within five business days of receiving the Notice of Appeal or Application.

If you filed the appeal, you must participate in the case conference. If you don’t attend, your case could be dismissed.

At the case conference, the adjudicator will explain how the hearing process works. You and the fire official will have the chance to clear up any misunderstandings and determine exactly what you disagree on. If these discussions resolve the issues, a hearing won’t be necessary.

If you cannot resolve the issues, the adjudicator will schedule the hearing and tell you whether it will be held by phone, video, in writing or in person. The adjudicator will also tell you when you and the fire official must exchange evidence. Evidence includes a list of witnesses, and documents and information you will be using at the hearing.

How to prepare for a case conference

Come to your case conference with ideas about how to resolve the issues you disagree on. If the dispute is not resolved at the case conference, then the adjudicator will schedule your hearing. Make sure to know your availability. You should also be prepared to tell the adjudicator which witnesses you would like to have testify at the hearing and why. The adjudicator will explain what you need to do to have your witness appear at the hearing.

Read these information sheets to prepare for your case conference:

• Calling Evidence Information Sheet
• Disclosure Information Sheet
• Motions Information Sheet
 

Case conference outcomes

Possible outcomes of a case conference include:

• The issues in dispute are clarified
• Some or all of the issues in dispute are resolved
• The appeal is withdrawn
• The inspection order is withdrawn
• A new inspection is ordered
• A hearing is scheduled and the adjudicator gives instructions about next steps. These instructions could include:
  • deadlines for filing documents or evidence
  • what information must be shared with the other side
  • how witnesses will be handled

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Hearings

Hearings overview

When:

The case conference adjudicator schedules the hearing in consultation with the parties. If the sides settle the issues at the case conference or on their own before the hearing, no hearing is held.

How:

Hearings can be held in writing, by phone, by video, in-person, or in a combination of these formats. The case conference adjudicator sets the format in consultation with the parties. The most common format is videoconference. In-person hearings are an exception.

Who:

One or more FSC adjudicators will hear the case. These adjudicators are called a panel.

What:

At the hearing, each party gets a chance to present their case. The panel members may ask each side to begin with an opening statement to summarize their position. Then, you will present your evidence by calling your witnesses to testify and referring to documents or exhibits.

A witness is first asked questions by the person who called them. Next, the other party has the chance to ask them questions. This is called cross-examination. Then, the panel may ask the witness questions. Finally, the party who called the witness can ask follow-up questions.

After both sides have presented their evidence and the witnesses have testified, the panel will ask each party to make closing submissions. In your closing submission, summarize why the appeal should be granted.

The hearing panel may make closing comments and then the hearing will be finished.

How to prepare for a hearing

Evidence

Prepare evidence to present your case. Evidence includes oral testimony, documents, or objects (e.g., photographs) that are relevant and support your position. To reach a decision, the panel will consider the evidence and the rules in the Fire Protection and Prevention Act (FPPA) and the Ontario Fire Code.

Disclosure

Disclosure means that everyone involved in a legal case has to share the information and evidence they have with the other side. This includes documents, records, and relevant information. The goal is to make sure the process is fair and that no one is surprised by information presented at the hearing.

Disclosure is usually discussed at the case conference. The adjudicator will give the parties a deadline to share evidence that they intend to present at the hearing. If you don’t disclose your evidence in advance, you may not be allowed to use it at the hearing.

You must always copy the other party when corresponding with the FSC about your appeal.

Witnesses

At the case conference, you were probably asked to prepare:

• a list of any witnesses who you plan to ask to give evidence at the hearing.
• a brief description of the testimony you expect each witness will provide.

This document needs to be disclosed to the FSC and the other side.

If your witness does not want to attend the hearing, you can request a summons from the FSC. Request the summons after your case conference and before your hearing. If you serve (deliver) the summons according to the rules, the witness will be required to attend. To request a summons, complete the Summons to a Witness form  and send it to FSCRegistrar@ontario.ca for approval.

Serving the summons and paying your witness to attend is your responsibility. The witness is entitled to an attendance fee and a travel allowance. For the amounts, see Tariff A  of Regulation 194 of the Rules of Civil Procedure.

Read these information sheets to prepare for your hearing:

• Calling Evidence Information Sheet
• Disclosure Information Sheet
• Motions Information Sheet
• Presenting Your Case Information Sheet
• Practice Direction for Recording of Hearings at the ACRB and the FSC  

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If you cannot attend the case conference or hearing

Postponing the case conference or hearing

You are expected to be ready to participate in the case conference or hearing on the scheduled date. If you cannot attend on that date, notify the FSC as soon as possible, using the Adjournment Request form .

Step 1: Call or email the other party to ask:

• If they agree to an adjournment (postponement)
• Three other dates they are available to attend the case conference or hearing. These new dates must be within 30 days of the scheduled case conference or hearing.

Step 2: Complete the form. On the form, you will have to:

• give the reason for your request
• include three possible dates
• check a box to indicate whether the other side agreed to the adjournment.

Step 3: Send the form to the FSC and the other party.

Adjournments are only allowed for exceptional reasons (e.g., illness, parties are close to a settlement). An adjournment is not guaranteed, even if you submit the form.

Withdrawing or cancelling your appeal

If you decide to withdraw your appeal before the case conference or hearing, email the Notice of Withdrawal form to FSCRegistrar@ontario.ca and copy the other parties. In the email, state that you are withdrawing the appeal and include the date and your file number. Your appeal will be closed. You don’t need permission to withdraw your appeal.

If you want to withdraw your appeal during a case conference or hearing, simply inform the adjudicator.

For more information about adjournments, see Rule 16 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Rules of Procedure.

Orders

Fire Safety Commission (FSC) adjudicators can make orders:

• during the case conference
• during the hearing, or
• in the decision they write after the hearing

Everyone involved in the case must follow the adjudicator’s orders.

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Decisions

After the hearing, the adjudicators will write a decision that explain their reasoning. The FSC sends a copy of the decision to both parties.

The decision takes effect on the date it is sent to the parties, unless the decision gives a different date.

Past decisions are posted on the Canadian Legal Information Institute (CanLII) website. CanLII is an online platform that offers free public access to tribunal and court decisions.

The names of the parties are included in the decisions unless:

• publication of the names is legally prohibited, or
• the FSC has made an order restricting access to the proceedings or limiting access to documents or records.

Reconsiderations

Under the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Rules of Procedure , a party can ask the Fire Safety Commission (FSC) to reconsider its decision within 21 calendar days of the date of decision.

A request for reconsideration from a party must be served on all other parties and must include:

• reasons for the request, specifying applicable criteria under Rule 18.2 ;
• notification if the party is seeking judicial review or pursuing an appeal in relation to the decision; and
• remedy or relief sought.

Requests will not be granted without first giving the other side an opportunity to respond.

A request for reconsideration will not be granted unless the FSC is satisfied that one or more of the following criteria are met:

• the FSC acted outside its jurisdiction or violated the rules of natural justice or procedural fairness;
• the FSC made a significant error of law or fact such that the FSC would likely have reached a different decision had the error not been made;
• the FSC heard false or misleading evidence from a party or witness, which was discovered only after the hearing and would have affected the result; and
• there is new evidence that could not have reasonably been obtained earlier and would likely have affected the result.

For information about how to file the Request for Reconsideration form , see Forms and filing.

Reconsiderations are published on the Canadian Legal Information Institute (CanLII) website. CanLII is an online platform that offers free public access to tribunal and court decisions.

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Appealing an FSC decision

Any party to a hearing before the FSC about an order of the Fire Marshal or an order to pay costs can appeal to the Divisional Court on a question that is not purely a question of fact (see sections 27 and 36(4) under the Fire Protection and Prevention Act, 1997).

There is no appeal of a decision relating to an authorization to do work.

How long will it take before I know the tribunal received my application or appeal?

• You will usually receive an acknowledgment from the tribunal within 3 to 5 days of submitting your application or appeal.

How long will it take to get to my first case conference?

• It takes about 5 days from when your application or appeal is complete for the tribunal to schedule the first case conference. Once it is scheduled, you will receive a Notice of Case Conference with all the details.
• The case conference usually takes place within 30 days of receiving your completed application or appeal.

How long will it take to get to my hearing?

• Depending on the type of hearing, it will typically take place 2 to 3 months after your case conference.

When will I get a decision?

• A final decision will typically be issued within 60 days of the hearing.
• Wait times can be longer depending on several factors, including the complexity of your case.

If I call the FSC, how long will it take me to reach a contact centre representative?

• It will take an average of 5-10 minutes to reach a contact centre representative by phone.

Calling Evidence Information Sheet

This information sheet describes what it means to call evidence at an FSC hearing and will help you prepare your case for the hearing.

Calling Evidence Information Sheet

Disclosure Information Sheet

This information sheet describes the disclosure process, meaning how to disclose the documents or things (physical evidence), witness information and expert reports that you intend to present as evidence at a hearing before the FSC.

Disclosure Information Sheet

Motions Information Sheet

This information sheet explains what a motion is and how to make a motion at the FSC.

Motions Information Sheet

Presenting Your Case Information Sheet

This information sheet describes what happens in a hearing when you present your case to the FSC, including information about witnesses, documents, and things (physical evidence) you need to support your case.

Presenting Your Case Information Sheet

Practice Direction for Recording of Hearings at the Animal Care Review Board and the Fire Safety Commission

This Practice Direction provides general information only and explains the Tribunal’s approach to applying the updated Rule 13 of the Licence Appeal Tribunal, Animal Care Review Board, and Fire Safety Commission Rules of Procedure, which applies to all appeals as of July 1, 2024.

Practice Direction for Recording of Hearings at the ACRB and the FSC