The Toronto Fire Services (“TFS”) has the authority to lay charges under the Ontario Fire Code, which is a Regulation under the Fire Protection and Prevention Act (“FPPA”).
TFS may lay charges against contractors working at a building, property management, and condo corporations.
IMportance of ongoing training
Having a fire safety plan is not enough.
It must be implemented when it matters most. To do this, all stakeholders must ensure that staff are trained, that they understand their roles, and that they can execute the plan under pressure.
The Cost of Non-Compliance: Severe Penalties Under the FPPA
The consequences of infractions to the Fire Code can be significant and expensive.
Under section 28 of the FPPA:
For Individuals
- Up to $50,000 for a first offence
- Up to $100,000 for subsequent offences
- Up to 1 year imprisonment
For Corporations
- Up to $500,000 for a first offence
- Up to $1,500,000 for subsequent offences
For Directors and Officers
Directors who knowingly permit an offence can face:
- Up to $50,000 (first offence)
- Up to $100,000 (subsequent offences)
- Up to 1 year imprisonment
The Hidden Risk: What Counts as a “Subsequent Offence”
The definition of a “subsequent offence” is broader—and more dangerous—than many realize.
Once convicted:
Any future offence under the Fire Code or FPPA—regardless of location or type—counts as a subsequent offence.
This is particularly critical for property managers and management companies.
Why This Is Especially Risky for Property Managers
A conviction at one building can escalate liability across all buildings.
In other words:
- One offence at Property A
- Another (different) offence at Property B
The second offence may be treated as a subsequent offence, with significantly higher penalties.
What To do
Condo corporations should be mindful of two foundational obligations:
1. Have a Proper Fire Safety Plan
The Fire Code requires a fire safety plan that addresses:
- evacuation procedures
- assigned supervision roles
- fire safety equipment and systems
- maintenance and testing protocols
2. Train Staff—And Keep Training Them
A fire safety plan is only as effective as the people implementing it.
Condo corporations and managers must ensure:
- staff understand the plan
- roles are clearly assigned
- training is conducted regularly
Failure to do so can have serious legal—and potentially life-threatening—consequences.
updated: April 1, 10pm
