WHEREAS municipalities have a legislated responsibility to pass bylaws for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; AND WHEREAS based on a municipal responsibility to maintain safe and viable communities, the current practice for all municipal districts and counties is to respond to structural fires within their boundaries; AND WHEREAS the current Forest and Prairie Protection Act and the Municipal Government Act are unclear with respect to jurisdiction on wildfires and structural fires; AND WHEREAS section 7 of the Forest and Prairie Protection Act currently states that ‘the council of a municipal district is responsible for fighting and controlling all fires within the boundaries of the municipal district’; AND WHEREAS section 75 of the Municipal Government Act currently states that a council of a municipal district in the Forest Protection Area may only pass a bylaw respecting fires that apply to a hamlet within the municipal district; AND WHEREAS it is desirable for both the Forest and Prairie Protection Act and the Municipal Government Act to recognize provincial and municipal responsibilities for fire protection within the Forest Protection Area in a clear and consistent manner;

THEREFORE BE IT RESOLVED that the Alberta Association of Municipal Districts and Counties request the Government of Alberta to amend section 75 of the Municipal Government Act and section 7 of the Forest and Prairie Protection Act as follows: Section 7(1) of the Forest and Prairie Protection Act, RSA 2000, c.F-19 7(1) The council of a municipal district is responsible for fighting and controlling all fires within the boundaries of the municipal district, other than forest or prairie fires within that part of the municipal district in a forest protection area, and the costs and expenses shall be paid by the municipal district. Section 75 of the Municipal Government Act, RSA 2000, c.M-26 75(2) The council of a municipal district may pass a bylaw respecting all fires within the boundaries of the municipal district, other than forest or prairie fires within that part of the municipal district in a forest protection area.

Provincial and municipal governments were advised via the public Chisholm Fire Review Committee report that ‘jurisdiction with respect to wildfire and structural fires within the Forest Protection Area was not clear.’ This is an issue that needs to be clearly recognized and addressed by the provincial government and municipalities. Current legislation provides for ambiguity in interpretation. Some interpretations may determine that municipal fire departments do not have the legal authority to fight structural fires within their boundaries if they are within the Forest Protection Area. Municipalities have a responsibility to protect the public, and to maintain safe and viable communities that includes responding to structural fires in the municipality. The current perception of fire control agreements between the province and municipalities is that these agreements are ‘downloading’ or forcing obligations on municipalities that did not previously exist. In reality, amending the legislation is a realization of responsibility and accountability by the province and municipalities. The current legislation does not permit municipalities in the Forest Protection Area to create and enforce bylaws with respect to FireSmart regulations for residential developments in the Forest Protection Area. Being able to create and enforce bylaws relating to wildfire prevention as it relates to structures and communities within the Forest Protection Area will provide for greater public safety and the safety of firefighters working in the Wildland Urban Interface zone.

The AAMDC has three resolutions currently in effect with respect to this issue. Resolution ER2-02S, endorsed at the spring 2002 convention, calls on the Government of Alberta to amend the Forest and Prairie Protection Act to remove any responsibility from municipal districts, counties and landowners (within the white zone) for the services, costs and expenses associated with provincial-assisted fire suppression. In its response, the province stated that it would not consider an amendment to the FPPA due to resource availability, infrastructure and budget limitations. To address this issue in part, Municipal Affairs and Sustainable Resource Development would be proposing the Municipal Wildfire Assistance Program to cabinet. As well, the Wildfire Cost Assessment Review program was implemented, with the goal of assisting individuals for whom payment of an invoice for fire suppression would cause undue financial hardship. Resolution 6-01F, endorsed at the fall 2001 convention, calls for the Government of Alberta to expand the FPPA to include all those municipalities who have joint jurisdiction with the Crown in the definition of ‘occupied public land’, and for the provincial government to amend the FPPA so the whole province will have fire protection. The province responded by referring to the Municipal Wildfire Assistance Program, which would provide direction regarding billing between local governments, Municipal Affairs and Sustainable Resource Development. Resolution 5-01S, endorsed at the spring 2001 convention, calls on the province to amend the Forest and Prairie Protection Act to remove any responsibility from municipal districts and counties for the services, costs and expenses associated with fire suppression on Crown land. In its response, the province stated that Sustainable Resource Development was coordinating a comprehensive review of this resolution with representatives from the AAMD&C and Alberta Municipal Affairs.