Decision Date: December 6, 2007

Panel: Alan Andison

Keywords: Consent order; Wildfire Act – s. 27(1)(a) and (b), s. 33; Wildfire Regulation – s. 22(2)(b) s. 22(3); open fire; limitation period

Mr. Hegel appealed a determination by the Fire Centre Manager, Southeast Fire Centre, that he had contravened sections 22(2)(b) and 22(3) of the Wildfire Regulation (the “Regulation”) by failing to extinguish a category 3 open fire by the date specified upon registration and by allowing the fire to escape.  A $5,000 penalty was imposed under section 27(1)(a) of the Wildfire Act (the “Act”) for the contravention of section 22(3) of the Regulation.  Mr. Hegel was also found liable under section 27(1)(b) of the Act for $37,995.11 of the government’s costs of fire control that resulted from the contraventions.  Mr. Hegel appealed on the basis that the determination was made outside the limitation period set out in section 33 of the Act.

By consent of the parties, the Commission ordered that the determination that Mr. Hegel had contravened section 22(2)(b) of the Regulation be rescinded, as it was made outside the limitation period.   The Commission further ordered that the contravention of section 22(3) of the Regulation and the penalty of $5,000 be confirmed, and that Mr. Hegel be liable under section 27(1)(b) of the Act for $37,995.11 of the government’s costs.

The appeal was allowed, in part.