MNRF cancels wildfire township agreement

Penticton Herald

At their meeting on April 7, Tudor and Cashel Township council learned that the Ministry of Natural Resources had cancelled the Municipal Forest Fire Management Agreement with them effective March 31, but that going forward, the Ministry will look at potential alternative agreement models that may leverage partner fire departments through mutual aid agreements, as Tudor and Cashel now does with Limerick Township, and they’ll remain eligible to enter into a future agreement should compliance requirements be met under a revised framework. The township will also continue to advocate for an interim or revised agreement that recognizes shared service delivery models, work with the Ministry and neighouring municipalities to identify a compliant and sustainable solution, monitor developments related to the proposed secondary agreement template and report back to council as additional information becomes available. Councillor Elain Holloway comments to The Bancroft Times on this issue and how the township will proceed going forward to rectify it. 

Tudor and Cashel received a letter from Chris Cuthbertson, director of aviation, forest fire and emergency services with the MNRF dated April 2, notifying them that the municipal forest fire management agreement with the MNRF was being terminated. 

“[The agreement] which was in effect from April 1, 2025, through March 31, 2030, and which a new agreement had been planned to begin on April 1, 2026 through to March 31, 2031. As part of the forest fire management agreement, the municipality must meet certain terms and conditions in order for the agreement to be in place, or remain in effect. For example, 5. a) requires “[the] municipality agrees that the following Ministry fire training programs will be taught to all staff within the municipality’s fire department assigned to fire operations-wildland firefighter training for fire agencies (SP103); and […] air attack safety training module for municipal fire operations.” These terms are in place to ensure that the municipality responsible for the agreement has a Fire Department or similar capacity within the municipality, that can respond to wildland fires within the municipality, and where certain areas have been delegated from the Ministry, crown land on behalf of the MNR. Unfortunately, the Municipality, which is the signatory of this agreement, must be the community that is meeting the terms and conditions outlined in the agreement. Due to this, we are unable to recognize the Township of Limerick as meeting the terms and conditions agreed upon by the Township of Tudor and Cashel in your agreement. Under section ‘13. Terms and Termination; Renewals’, 13 b. outlines that “Each party may terminate the Agreement: (i) immediately upon written notice to the other party without liability if the other party commits or permits a breach of any of its obligations under this Agreement and fails to remedy such breach within thirty (30) days of receipt of written notice from the party not in breach demanding such breach be remedied; or (ii) upon thirty (30) days prior written notice without liability for its convenience during the months of October to March prior to the next Fire Season.”. This letter serves as notification from the Ministry that the agreement will be terminated as of March 31, 2026. The agreements are service contracts that enable mutual aid between the Ministry and municipalities. Where a municipality meets training requirements and has capacity, the Ministry may request assistance for wildland fire response and suppression on Crown land and will compensate the municipality at the agreed rates. In return, the Ministry agrees to respond to wildland fires within municipal boundaries at the same rates. 2 The intent of the agreement program is to leverage the capacity in the communities to support Ministry wildland fire preparedness, and in turn, to leverage Ministry capacity to support municipalities in areas where their operations may have been historically challenged to respond (e.g., remote access points). If a municipality does not have a fire department that meets the requirements of the agreement and is unable to provide mutual aid to the Ministry, then the municipality would not meet the terms and conditions for signing that agreement. Although the agreement has been terminated, wildland fire management services (including response and suppression) can continue to be provided to the community by the Ministry on request, by the municipality, on municipal lands. Additionally, the Ministry remains responsible for wildland fire management on Crown land where no mutual aid or fire protection agreement exists; therefore, Tudor and Cashel is not expected to provide this service. No agreement is required for the Ministry to manage wildland fires on Crown land. I want to reiterate that the Ministry will continue to be the primary responders to wildland fires on Crown land whether an agreement is in place or not. We will continue to support the Township of Tudor and Cashel in managing wildland fires on municipal land when requested. While the current agreement remains terminated, the ministry is actively expediting a potential option for a secondary agreement template that would allow municipalities to leverage partner municipal fire departments through mutual aid. We appreciate your Township’s commitment to wildland fire response and supporting your community members. Although the existing agreement has been terminated at this time, should the circumstances change, the Township of Tudor and Cashel will remain eligible to enter into an agreement in the future. We will reach out as soon as more details are available on a potential way forward and on the next steps. If you have any questions or would like to discuss further, please contact Sarah Allen, Provincial Coordinator - Mitigation and Partnerships at sarah.allen@ontario.ca

In her report dated April 7, Carrol told council that the MNRF had terminated the Municipal Forest Fire Management Agreement with Tudor and Cashel in Cuthbertson’s letter from April 2. She said she wanted to outline the implications for fire services within the Township of Tudor and Cashel, and provide an update on actions being taken to address the matter. 

To provide some historical context, Carrol said that Tudor and Cashel had been in agreement with the ministry since 2007, and that the last active agreement was entered into for the term of April 1, 2025 to March 31, 2030. 

“Due to the increased concerns related to access because of such natural events as the derecho and the ice storms the council had re-assessed the geographic area to transfer remote access points to the area in which the ministry would be the first to be called on. The subsequent agreement had been anticipated for the period of April 1, 2026 to March 31, 2031 which has been terminated. On receipt of correspondence from the ministry, the township has been formally notified that the agreement has been terminated effective March 31, 2026. The termination is based on the requirement that the signatory municipality must directly meet all terms and conditions of the agreement, including maintaining a fire department with required training certifications such as; wildland firefighter training for fire agencies (SP103), and air attack safety training module for municipal fire operations. The Ministry has determined that the Township of Tudor and Cashel does not meet these requirements independently and cannot rely on another municipality (Township of Limerick) to fulfill these obligations under the agreement,” she says. 

Carrol said that the termination of the agreement has the following implications; the township will no longer participate in mutual aid service agreement with the MNRF for wildland fire management, they won’t be eligible for compensation for providing wildland fire suppression services on Crown land, they’ll no longer benefit from reciprocal service provisions at agreed rates under the agreement framework. However, she says that the Ministry has confirmed that the MNRF will continue to act as the primary responder to wildland fires on Crown land, regardless of the agreement status, and they will continue to provide wildland fire response and suppression services on municipal lands upon request by the Township. 

As far as financial and operation risks go with regard to the cancellation of this agreement, Carrol confirmed that while service remains available, the absence of an agreement introduces potential financial risk. 

“There is no longer a defined cost structure under a formal agreement, which may expose the township to unpredictable or unmanageable costs, particularly in the event of a significant wildland fire occurring on municipal lands. The township is vulnerable to increased financial liability associated with wildfire response where cost recovery mechanisms are unclear or not predefined. Administration views this as a significant concern requiring immediate attention and resolution,” she says.

In response to the termination, the local Member of Provincial Parliament, MPP Ric Bresee, has been formally put on notice regarding the situation and its implications. The Fire Chief Greg Maxwell and Mayor Kim Carson of the Township of Limerick have also been notified, given their current role in supporting fire service delivery for Tudor and Cashel. She said that administration is actively engaging with all relevant stakeholders to advocate for a timely and practical resolution to this issue. 

Going forward, Carrol said that the Ministry has indicated that work is underway to expedite a potential alternative agreement model that may allow municipalities to leverage partner fire departments through mutual aid arrangements, and the township will remain eligible to enter into a future agreement should compliance requirements be met under a revised framework. 

Going forward, Carrol said they’ll continue to advocate for an interim or revised agreement that recognizes shared service delivery models, work with the Ministry and neighouring municipalities to identify a compliant and sustainable solution, monitor developments related to the proposed secondary agreement template and report back to council as additional information becomes available. 

“The township will continue to push to resolve this matter swiftly and seek a solution that does not leave the municipality vulnerable to unmanageable wildland fire costs. At this time, the full financial impact is unknown. However, there is potential exposure to increased costs for wildland fire response on municipal lands,” she says. 

The termination of the Municipal Forest Fire Management Agreement presents both operational and financial challenges for the Township of Tudor and Cashel, according to Carrol. 

“While the Ministry has confirmed continued support for wildfire response, the absence of this agreement creates potential for substantial financial costs in the event of a wildfire. Administration is actively working with provincial representatives and municipal partners to secure a solution that ensures continued fire protection while mitigating financial exposure. I recommend that council receive this report for information and that council support administration’s continued advocacy efforts with the Ministry of Natural Resources and provincial representatives to secure a revised agreement framework that protects the township from undue financial risk,” she says. 

After discussing it fully and exploring the options available to them, council decided to take Carrol’s recommendations contained within her report on the issue. They also read, revised and endorsed a letter that Mayor Dave Hederson wrote to send to the Minister of Natural Resources Mike Harris asking him to assist Tudor and Cashel in this matter. 

Holloway told The Bancroft Times that council had a constructive discussion about the Ministry’s decision and its impact on Tudor and Cashel’s fire protection arrangements. 

“Members asked the right questions, and the focus was on understanding the situation and ensuring residents continue to receive reliable service. At this stage, we are continuing dialogue with our neighbouring township, which provides fire protection to us through a sharedservices model. We’re also seeking clarification from the Ministry so we can determine the best path forward. The Mayor has sent a letter outlining the township’s concerns and requesting reconsideration [to the MNRF],” she says. “Whether it will resolve the matter is ultimately up to the Minister [the honourable Mike Harris], but it is an important step, and we are hopeful the Ministry will respond quickly.”

 

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