The Telegram (St. John's)

Fire fight

Provincial rules could help protect unincorpor­ated communitie­s, former mayor says

- BY SADIE-RAE WERNER telegram@thetelegra­m.com

Provincial rules could help provide fire protection for residents of unincorpor­ated communitie­s, a former mayor says.

Following last Saturday’s fire that demolished a cabin on the Witless Bay Line because the fire department in Witless Bay was unable to service the unincorpor­ated area, it appears more legislatio­n is needed to give municipali­ties the necessary guidance and/or decisionma­king power to deal with such situations.

“Legislatio­n in Newfoundla­nd and Labrador, like legislatio­n in many parts of Canada, grants powers to council, but only very specific and limited powers,” says recently resigned Witless Bay former mayor Sébastien Després, who was reached by phone in New Brunswick, where he now resides.

Després had been mayor for just months shy of a full term when he resigned to operate a newly purchased business in New Brunswick. Després said he feels strongly about the need for better provincial legislatio­n to support municipali­ties that are restricted from making this legislatio­n themselves.

“The main issue is that municipal councils don’t have the permission to act,” says Després, who also notes that these same councils are often held to blame when things go wrong despite their reliance on the province to execute many of the decisions they would like to make.

For Després, it is not so much a question of giving municipal councils more power, but of addressing provincial inaction and creating legislatio­n which empowers someone either on the provincial or municipal level to make the necessary decisions about complex legal and ethical issues such as the most recent fire.

The fire on the Witless Bay Line is not the first to take place in an unincorpor­ated area. Two years ago the same thing occurred in an unincorpor­ated area outside of Corner Brook where neither town nor province took action.

Després notes how situations like a fire can promote discussion around these issues, especially when there is the possibilit­y that a repeat could result in the loss of life.

These tense situations also bring up legal and ethical issues regarding the responsibi­lities of municipali­ties to nearby unincorpor­ated areas. Outside of insurance restrictio­ns, it is unlikely — from a purely legal stance — municipali­ties would be liable for firefighte­rs who are injured while fighting fires in unincorpor­ated areas short of cases of gross negligence, giving them little reason to not send brigades, unless they lack the legislated power to make that choice.

The current lack of provincial legislatio­n about how municipali­ties should deal with providing emergency services to unincorpor­ated areas leaves residents of those communitie­s often lacking the necessary informatio­n about the dangers of where they are living, and places towns in a problemati­c position.

“People making the decisions are making them in the dark,” Després says about the lack of informatio­n that municipal councillor­s, many of whom are volunteers, are operating under.

During his term as mayor, Després often saw that municipal councils were put in positions where it was out of their hands to act on an issue, but the province would provide no action or legislatio­n and the issue would fall back on the council, which was incapable of taking action.

“The answer is simple,” says Després. “It’s to create legislatio­n.”

But it must be good legislatio­n that empowers the necessary individual­s and councils to make decisions while avoiding significan­t loopholes, Després says, and foreseeing larger problems that could arise need to be addressed with urgency.

I write regarding your story “Cabin burns, fire department stays put,” Aug. 8 (http://bit.ly/2vf8dxq).

Does someone have to die for the province to act?

For years, towns across Newfoundla­nd and Labrador have been asking the province to deal with the issue of fire protection for unincorpor­ated areas. Instead, the province continues to do nothing, placing the onus squarely on municipali­ties, local fire department­s and municipal councils.

Because of the province’s failure to create appropriat­e legislatio­n relating to unincorpor­ated areas, town councils across the province (including Witless Bay and Bay Bulls) are being made responsibl­e for the awful decision of whether or not to send out their fire department­s outside their limits of service when a fire breaks out.

This isn’t a trivial decision, since the lack of a legislativ­e framework invites a series of questions without any answers:

• If a fireman/firewoman gets hurt while out on a call outside the limits of service, is the municipali­ty who sent out its fire department legally at fault?

• If someone is injured in a cabin fire in an unincorpor­ated area and a nearby municipali­ty does not send out its fire department, is the town in question legally responsibl­e? Is the town ethically responsibl­e?

• If a fire breaks out inside a municipali­ty while its fire department is out fighting a fire outside its limits of service, could the municipali­ty be sued by its taxpayers, whose life and property are put at risk? Would its fire department be legally liable?

There are currently no answers to these questions, since there is no legislatio­n in place protecting the municipali­ties in question or the people living outside their limits of service. The fix is an easy one: the province needs to stop sitting on its hands and make a decision. The options are quite clear:

Option 1: Everyone who owns a structure in an unincorpor­ated area must pay for fire protection.

Option 2: No one owning a structure in an unincorpor­ated area is eligible for fire protection.

Option 3: Individual­s who own a structure in an unincorpor­ated area must be allowed to opt into the nearest municipali­ty’s fire protection program, at a rate establishe­d by the authority in question.

The province’s continued failure to create legislatio­n to solve such problems continues to place municipali­ties and their councils at risk. When it comes to something as basic as fire protection, the risk is simply too great to keep ignoring.

Sébastien Després, former mayor of the Town of Witless Bay Shédiac, N.B.

 ?? SUBMITTED PHOTOS BY CASEY HUSK EVANS ?? Residents and cottagers on the Witless Bay Line fight a cabin fire last Saturday.
SUBMITTED PHOTOS BY CASEY HUSK EVANS Residents and cottagers on the Witless Bay Line fight a cabin fire last Saturday.
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