A penalty order can arrive without a court case
Ontario Fire Code Penalty Orders Start at $200 per Provision
Ontario's Fire Marshal or an assistant to the Fire Marshal can issue a $200 administrative monetary penalty for a listed Fire Code contravention without taking the matter to court. The power applies in municipalities with the screening and hearing officers required by O. Reg. 260/25, which took effect on 1 January 2026.
For a restaurant or hotel, the first question is whether the local fire prevention office uses this penalty route. The next is how many provisions an inspection finds breached: the amount applies to each provision, rather than to the visit as a whole.
Each provision has its own penalty history
The regulation sets the same amounts across the listed provisions:
| Order for contravening the same provision | Amount |
|---|---|
| First | $200 |
| Second, within three years after the first | $400 |
| Third or later, within three years after the first | $600 |
An inspector who issues first orders for three separate provisions creates $600 in penalties. A later order for one of those provisions can move to the next amount; a first order for a different provision starts at $200. The increase depends on orders issued, not simply on the number of times an inspector sees a problem.
Schedule 1 lists 269 Fire Code provisions: 257 from Division B and 12 from Division C. They include requirements for fire safety plans, alarms, exits, maintenance and inspection records. The Fire Marshal or an assistant to the Fire Marshal decides whether to issue an order. A finding does not automatically produce a penalty.
The Fire Protection and Prevention Act caps an administrative penalty at $10,000 for an individual and $100,000 for a person other than an individual. Those statutory caps do not replace this regulation's $200, $400 and $600 amounts.
The municipality needs both review officers
The regulation authorizes the Fire Marshal and assistants to issue these orders only where the municipality has both prescribed reviewers: a screening officer and a hearing officer. Officers appointed under the named municipal parking-penalty regulations qualify, as do officers appointed to review fire penalty orders.
Other enforcement powers remain available in every municipality. An administrative monetary penalty, or AMP, adds a route to a financial penalty; it does not replace orders to correct a hazard or prosecution. Section 30.2(5) of the Act expressly permits an AMP and a fine for the same infraction. Our Ontario fire-code conviction report covers the prosecution route.
An order starts the response deadline
The recipient normally has 30 days after service to pay or request a screening review. A review request stays the order. The screening officer considers whether imposing it was reasonable and can affirm it, rescind it or reduce the amount.
The recipient can then ask a hearing officer to review the screening decision, normally within 30 days of that decision. The hearing officer considers whether the screening decision was reasonable. Both officers must decide as soon as practical after completing their review; the 30-day request deadline does not promise a completed case within 30 days.
The officers choose whether to conduct the review orally, electronically or in writing. They can consider photographs, documents and statements, but the regulation bars witnesses. The municipality cannot charge for starting a review or extending the request deadline.
If the reviewer upholds or reduces the penalty, payment is normally due within 30 days of the applicable decision. The rules also allow extensions of review deadlines, payment plans and relief for undue hardship. Follow the order's instructions and keep the service date, review request and supporting evidence together.
Correct the condition as well as answering the order
An inspection can reveal a blocked exit, a disconnected alarm, an overdue system test or a fire safety plan that no longer matches the building. Check each condition and its evidence:
- Keep exits usable and fire doors working.
- Arrange required alarm and suppression-system tests, then retain the reports.
- Update the fire safety plan when the premises or its use changes.
- Record the defect, the repair and the check that confirms the repair worked.
Paying the penalty does not correct the hazard. Our Ontario fire safety resources cover the recurring checks that help prevent the same finding at the next visit.
This briefing is based on sources available at publication and is for general information only. It doesn't constitute legal advice. For advice on your specific situation, consult a qualified professional.
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