Esquimalt Council adopted changes to the Fire Protection and Control Bylaw, 2011, No. 2783 at the January 27, 2025 meeting of Council.
The amendments to the Fire Protection and Control Bylaw, 2011, No. 2783, reflect the Office of the Fire Commissioner’s guidance under the new Fire Safety Act (effective August 1, 2024). These updates modernize the bylaw by clarifying roles and responsibilities, aligning terminology with provincial standards, and implementing a risk-based compliance monitoring system for inspections. The inclusion of penalties further supports compliance with fire safety regulations. Collectively, these changes strengthen the municipality’s fire safety framework, enhance public safety, and promote a proactive approach to fire prevention and compliance.
Furthermore, the amendments adhere to the Office of the Fire Commissioner's recommended transition timeline for implementing these legislative changes.
Amendments to the Fire Protection and Control Bylaw, 2011, No. 2783 align with the Fire Safety Act (FSA), ensure compliance with provincial legislation and strengthen fire safety measures within the municipality.
The amendments to the Fire Protection and Control Bylaw, 2011, No. 2783 addressed two key issues:
- Compliance with the new Fire Safety Act. The provincially legislated Fire Safety Act, which replaced the former Fire Services Act in 2024, introduces significant changes that render the existing municipal bylaw non-compliant.
- Updated Fee Schedule. The current fee schedule is outdated and has been revised to align with modern requirements. Penalty fees have also been introduced to enhance enforcement and support compliance with the Fire Safety Act.
Aligning the bylaw with the FSA ensures compliance, enhances public safety through risk-based inspections, and provides clarity in roles and enforcement. This proactive approach supports the municipality’s commitment to protecting life and property while fostering community trust.
Key bylaw amendments
Legal Compliance: The FSA introduces new roles, such as Local Authorities and Monitoring Authorities, and requires clear designation of Inspectors and Investigators. Updating the bylaw ensures alignment with these roles and responsibilities, avoiding legal liabilities associated with non-compliance.
Risk-Based Inspections: The amendments support a modernized, risk-based compliance monitoring system. This approach prioritizes inspections based on the level of risk, improving the effectiveness and efficiency of fire safety measures.
Updated Terminology: Terms such as "premises”, "dwelling," and "public building" are updated to align with the FSA, ensuring consistency with provincial standards and enhancing the clarity of enforcement actions.
Penalty and Fee Adjustments: The updated fee schedule introduces modest increases and incorporates penalty fees to promote compliance. While penalty fees are not expected to generate significant revenue, they serve as an important tool to reinforce compliance to fire safety regulations.
About the Fire Safety Act
The Fire Safety Act, effective August 1, 2024, replaces the Fire Services Act, enhancing fire safety in British Columbia through clear property owner responsibilities, stricter enforcement and penalties, improved inspection and evacuation processes, expanded cost recovery powers for local governments, and a risk-based approach to monitoring high-risk buildings.
About the Office of the Fire Commissioner
The Office of the Fire Commissioner administers and enforces British Columbia’s fire safety legislation (the Fire Safety Act), oversees fire inspections and investigations, ensures the designation of qualified fire inspectors and investigators by local authorities, and establishes training standards to support compliance and public safety.