Fire Safety Act, Sections 17, 18 And 19

Fire Safety Act, S.B.C. 2016, c. 19

A local authority (defined as a municipal council, a regional district board, or an authority prescribed by regulation) or the fire commissioner may secure evacuated premises to prevent unauthorized entry, if the owner fails to do so, and recover the costs from the owner either directly or as deemed delinquent taxes on the land, as set out in ss. 17 to 19. Under s. 17, a municipal council may recover the costs from the owner. Under s. 18, a regional district board must certify the costs to the surveyor of taxes, and the Minister of Finance may pay to the regional district board the costs recovered under the certificate of costs. Under s. 19, where the fire commissioner secures premises located in a municipality, the fire commissioner must certify the costs to the municipal financial officer, who must pay the certified costs to the fire commissioner. Where the fire commissioner secures premises located outside the boundaries of a municipality, the fire commissioner must certify the costs to the surveyor of taxes.

• Nature of Interest: Where a municipal council pays the costs, the amount paid forms a special charge on the land and improvements in favour of the municipality. Where a regional district board pays the certified costs, the amount paid forms a lien and charge in favour of the government. Where the fire commissioner pays the costs, the amount paid forms a special charge in favour of the municipality (if the secured premises are located in a municipality) or a lien and charge in favour of the government (if the secured premises are located outside the boundaries of a municipality).
• Effect of Interest: Where land is located in a municipality, the amount paid constitutes delinquent taxes from the date of payment. Where land is located in a rural area, costs constitute delinquent taxes from the date of the certificate.
• Procedures for Enforcement: See s. 250 of the Community Charter at chapter 52 (Local Government Legislation) and s. 30 of the Taxation (Rural Area) Act at chapter 62 (Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448) with respect to the collection and recovery of delinquent taxes.