Canmore-based lawyer, Austin Ward, sat down with Carolyn Paterson to discuss the legal considerations of wildfire preparedness in the Bow Valley and how homeowners, businesses, and municipalities can mitigate risk.
Why is wildfire preparedness a legal issue in the Bow Valley?
Canmore is within Alberta’s designated Forest Protection Area with corresponding requirements for wildfire prevention, detection and suppression. Additionally, as wildfires are a growing concern in the region, knowledge and awareness of legal responsibilities when it comes to mitigating fire risk is very important. Municipal bylaws, zoning regulations, and provincial laws all play a role in fire prevention and emergency response. Businesses and homeowners must understand their obligations and take proactive steps to ensure compliance.
What obligations do we have to reduce wildfire risk?
Canmore is a fire-smart community, with roofing material requirements for new builds, fire inspection requirements for businesses that meet prescribed criteria, and permit requirements for burning activities. Best practices to mitigate fire risk include taking steps to maintain defensible space around buildings, using fire-resistant materials, and complying with vegetation management bylaws.
Individuals and businesses that engage in high-risk activities that may result in wildfires may be subject to considerable fines and/or administrative penalties.
What role do businesses and municipalities play?
Businesses operating in wildfire-prone areas should have emergency response plans, insurance coverage tailored to fire risks, and clear policies for employee and customer safety. Municipalities must ensure that land-use planning considers fire risk, maintain access routes for emergency responders, and enforce fire prevention bylaws. Cooperation between the public and private sectors is crucial for effective wildfire mitigation.
What legal considerations should property owners keep in mind when dealing with wildfire damage?
In the aftermath of a wildfire, insurance claims, disaster relief, and rebuilding efforts often come with legal complexities. Understanding insurance policies, navigating government assistance programs, and ensuring compliance with new building regulations can be challenging. Legal guidance can help homeowners and business owners navigate the claims process and avoid potential disputes.
When should property owners seek legal advice on wildfire preparedness?
It’s always advisable to be proactive. Property owners and businesses should seek legal advice when purchasing property and operating in wildfire-prone areas, reviewing insurance policies, or planning construction or renovations. Legal counsel can also assist in understanding municipal and provincial regulations and ensuring compliance with fire safety requirements and legislation.
