2001 1 1 PRAIRIE AND FOREST FIRES BILL No. 44 of 2001

An Act to amend The Prairie and Forest Fires Act, 1982 (Assented to , 2001) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Prairie and Forest Fires Amendment Act, 2001. S.S. 1982-83, c.P-22.1 amended 2 The Prairie and Forest Fires Act, 1982 is amended in the manner set forth in this Act.

Section 2 amended 3

Section 2 is amended: (

a) by adding the following clause after clause (e): “(e.1) ‘escaped fire’ means: (

i) a fire of a size and nature prescribed in the regulations; or (ii) a fire designated by the minister pursuant to the regulations as being an escaped fire”; and (

b) by adding the following clause after clause (j): “(j.1) ‘fund’ means the Forest Fire Contingency Fund established pursuant to

section 8.1”. New sections 8.1 to 8.7 4 The following sections are added after

section 8: “Fund established 8.1(1) The Forest Fire Contingency Fund is established.

(2) The minister shall administer the fund in accordance with this Act and subject to any orders or directives that Treasury Board may make. “Purpose of fund 8.2(1) The purpose of the fund is to finance fire fighting services respecting escaped fires.

(2) Subject to any directions imposed by Treasury Board, the minister may, for the purpose set out in subsection (1), use the assets of the fund to pay the costs of any or all of the following: (

a) the acquisition, by purchase, lease or otherwise, of any equipment, machinery, supplies or materials; (

b) contractual services used for fire fighting;

2001PRAIRIE AND FOREST FIRES 2 2 (

c) travel and sustenance expenses of persons employed or contracted with to provide fire fighting services; (

d) labour, engineering, supervisory and administrative costs associated with the provision of fire fighting services; (

e) the restoration of any area damaged by fire; (

f) the protection of persons or property endangered by fire; (

g) the replacement of any equipment, machinery, supplies or materials damaged or destroyed by fire; (

h) any other costs associated with fire fighting or the restoration of any area damaged by fire; (

i) any expense authorized by the regulations or by the Lieutenant Governor in Council.

(3) Where the costs of fire fighting an escaped fire are paid out of the fund, any costs mentioned in subsection (2) that were incurred before the fire became an escaped fire may also be paid out of the fund.

(4) The minister may enter into agreements on behalf of the Government of Saskatchewan for any purpose related to the exercise of any of the powers assigned to the minister pursuant to this section. “ Transfers to fund 8.3 Subject to the approval of Treasury Board, the Minister of Finance may transfer to the fund money appropriated by the Legislature for the purposes of the fund. “ Investment of money in fund 8.4(1) The Minister of Finance may invest any money in the fund not presently required for the purposes of the fund in any class of investments authorized for the investment of money in the general revenue fund pursuant to The Financial Administration Act, 1993.

(2) The Minister of Finance may dispose of any securities in which any part of the fund has been invested pursuant to subsection (1), subject to the terms of the investment, in any manner and on any terms that he or she considers advisable.

(3) Any interest or other earnings on investments made pursuant to subsection (1) must not be credited to the fund but must be deposited to the general revenue fund. “ Fiscal year of fund 8.5 The fiscal year of the fund is the period commencing on April 1 in one year and ending on March 31 in the following year.

2001 3 3 PRAIRIE AND FOREST FIRES “Annual report of fund 8.6(1) In each fiscal year, the department shall, in accordance with The Tabling of Documents Act, 1991, submit to the minister: (

a) a report on the activities of the fund for the preceding fiscal year; and (

b) a financial statement showing the business of the fund for the preceding fiscal year in any form that may be required by Treasury Board.

(2) The minister shall, in accordance with The Tabling of Documents Act, 1991, lay before the Legislative Assembly each report and statement received by the minister pursuant to this section. “ Audit of fund 8.7 The Provincial Auditor shall audit the accounts and financial statements of the fund: (

a) annually; and (

b) at any other times that the Lieutenant Governor in Council may require”.

Section 38 amended 5(1)

Section 38 is amended by renumbering it as subsection 38(1).

(2) The following clauses are added after clause 38(1)(b): “(b.1) respecting the size and nature of escaped fires for the purposes of clause 2(e.1) and authorizing the minister to designate any fire as an escaped fire subject to any terms prescribed in the regulations; “(b.2) prescribing matters for the purposes of clause 8.2(2)(i) ”.

(3) The following subsection is added after subsection 38(1): “

(2) A regulation made pursuant to clause (1)(b.1) or (b.2) may be made retroactive to a day not earlier than April 1, 2001”. Coming into force 6 This Act comes into force on assent but is retroactive and is deemed to have been in force on and from April 1, 2001.

2001PRAIRIE AND FOREST FIRES 4 4 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2001