Bill 84, Fire Protection and Prevention Act, 1997

Runciman, Hon. Robert W. Solicitor General and Minister of Correctional Services

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Original

Fire Protection and Prevention Act, 1996

EXPLANATORY NOTE

The Bill repeals the following Acts relating to fire services and consolidates them into one statute:

1. The Accidental Fires Act.

2. The Egress from Public Buildings Act.

3. The Fire Accidents Act.

4. The Fire Departments Act.

5. The Firefighters Exemption Act.

6. The Firefighters Protection Act, 1993.

7. The Fire Marshals Act.

8. The Hotel Fire Safety Act.

9. The Lightning Rods Act.

The Bill introduces the following changes to the provisions that were contained in the repealed Acts:

1. Part II of the Bill delineates the responsibilities for the provision of fire protection services in the Province. Municipalities are responsible for the provision of fire protection services within the municipality. They are required, at a minimum, to establish a program which must include public education with respect to fire safety and certain components of fire prevention. They may offer such other fire protection services as they determine are necessary. The Fire Marshal has the power to monitor and review the services provided by municipalities and to make recommendations respecting those services. The Fire Marshal may provide fire protection services in territory without municipal organization.

2. Part IX sets out certain statutory working conditions and the labour relations framework for firefighters. The following is a summary of the changes in this area:

i. Subsection 43 (10) provides for the recall of the necessary number of off-duty firefighters in order to provide an adequate response during emergencies.

ii. Section 44 provides that a firefighter who receives a notice of termination of employment be entitled to an independent review of the termination.

iii. Subsection 44 (8) provides for a probationary period of 12 months when a firefighter is first employed in a fire department, during which period the firefighter may be terminated without notice.

iv. Sections 46 to 49 set out the process for certifying trade unions as bargaining agents for units of firefighters.

v. Section 53 requires that disputes relating to the bargaining of a collective agreement be referred to a conciliation officer before being sent to arbitration.

vi. Section 58 recognizes that the number of persons performing managerial functions in a fire department should be based on the size of the department. Fire departments may require that a specified number of firefighters perform managerial and other functions that would exclude the firefighter from the bargaining unit. The issue of whether the specified number of persons are performing managerial or excluded functions is not subject to adjudication.

vii. Sections 61 to 66 provide for the termination of a bargaining agent's bargaining rights.

3. Part XI establishes the Fire Marshal's Public Fire Safety Council. The objects of the Council include advising the Fire Marshal on matters of fire safety, promoting fire safety in the province and producing and distributing materials for public education with respect to fire safety. The Council has the power to enter into partnerships and agreements with persons and organizations in the private sector to further its objects. Five years after the Part comes into force, the Minister shall submit a report to the Lieutenant Governor in Council regarding the continuation or dissolution of the Council.

Bill1996

An Act to promote Fire Prevention and Public Safety

in Ontario and to amend and repeal certain

other Acts relating to Fire Services

CONTENTS


PART I DEFINITIONS
1.	Definitions
PART II RESPONSIBILITY FOR FIRE PROTECTION SERVICES
2.	Municipal responsibilities
3.	Territory without municipal organization
4.	Community Fire safety officer or team
5.	Fire departments
6.	Fire chief, municipalities
7.	Fire co-ordinators
PART III FIRE MARSHAL
8.	Appointment of Fire Marshal
9.	Powers of Fire Marshal
10.	Delegation
11.	Assistants to the Fire Marshal
PART IV FIRE CODE
12.	Fire code
PART V RIGHTS OF ENTRY IN EMERGENCIES AND FIRE INVESTIGATIONS
13.	Entry on adjacent lands by firefighters, etc.
14.	Entry where fire has occurred or is likely to occur
15.	Immediate threat to life
16.	Assistance
17.	Identification
PART VI INSPECTIONS
18.	Interpretation
19.	Inspectors
20.	Warrant authorizing entry
21.	Inspection orders
22.	Limitation on orders relating to structural repairs
23.	Contents of order
24.	Service of order
25.	Review of inspection order by Fire Marshal
26.	Appeal to Fire Safety Commission
27.	Appeal to Divisional Court
PART VII OFFENCES AND ENFORCEMENT
28.	Offences
29.	Offence, removal of posted notice
30.	Offence, failure to comply with inspection order
31.	Order to close premises, etc.
32.	Compliance order
33.	Fire Marshal to carry out inspection order
34.	Warrant authorizing entry
PART VIII RECOVERY OF COSTS
35.	Fire Marshal's order to pay costs
36.	Appeal to Fire Safety Commission
37.	Enforcement of order to pay costs
38.	Instructions for municipality to recover costs
39.	Instructions for Crown to recover costs
40.	Expenses related to work on other lands
PART IX FIREFIGHTERS: EMPLOYMENT AND LABOUR RELATIONS
DEFINITIONS
41.	Definitions
STATUTORY WORKING CONDITIONS
42.	Strike and lockouts
43.	Hours of work
44.	Termination of employment
ESTABLISHMENT OF BARGAINING RIGHTS BY CERTIFICATION
45.	Bargaining unit
46.	Application for certification
47.	Voting constituency
48.	Certification after representation vote
49.	What unions not to be certified
	COLLECTIVE BARGAINING
50.	Notice of desire to bargain
51.	Obligation to bargain
52.	Scope of bargaining
53.	Conciliation
54.	Arbitration
OPERATION OF COLLECTIVE AGREEMENTS
55.	Collective agreement
56.	Minimum term of collective agreements
57.	Arbitration of disputes
58.	Managers, etc.
59.	Enforcement of decisions
60.	Working conditions not to be altered
	TERMINATION OF BARGAINING RIGHTS
61.	Effect of certification
62.	Application for termination, no agreement
63.	Where certificate obtained by fraud
64.	Termination for failure to give notice
65.	Termination of bargaining rights after voluntary recognition
	TIMELINESS OF REPRESENTATION APPLICATIONS
66.	Application for certification or termination after conciliation
	REGULATIONS
67.	Regulations
PART X FIRE SAFETY COMMISSION
68.	Fire Safety Commission
PART XI FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL
69.	Definition
70.	Council established
71.	Objects
72.	Board
73.	Powers of Council
74.	Borrowing powers
75.	By-laws
76.	Council's property to be dedicated to objects
77.	Employees
78.	Ministry support
79.	Protection from personal liability
80.	Auditors
81.	Annual or other reports
82.	Winding-up
83.	Review
PART XII MISCELLANEOUS
84.	Protection from personal liability
85.	Indemnification
86.	No action for damages for accidental fire
87.	Manner of service
88.	Regulations
PART XIII CONSEQUENTIAL AMENDMENTS, REPEALS, COMMENCEMENT AND SHORT TITLE
89.	Employment Standards Act
90.	Highway Traffic Act
91.	Juries Act
92.	Labour Relations Act, 1995
93.	Occupational Health and Safety Act
94.-102.	Repeals
103.	Commencement
104.	Short title

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

DEFINITIONS

Definitions

1. (1) In this Act,

"community fire safety officer" means a community fire safety officer appointed under clause 2 (2) (a) or subsection 2 (4) or by an agreement under clause 3 (2) (a); ("agent local de la sécurité-incendie")

"community fire safety team" means a community fire safety team appointed under clause 2 (2) (a) or subsection 2 (4) or by an agreement under clause 3 (2) (a); ("équipe locale de la sécurité-incendie")

"fire chief" means a fire chief appointed under subsection 6 (1), (2) or (4); ("chef des pompiers")

"fire code" means the fire code established under Part IV; ("code de prévention des incendies")

"fire department" means a group of firefighters authorized by a municipality, group of municipalities or by agreement with the Fire Marshal to provide fire protection services; ("service d'incendie")

"firefighter" means a person employed in, or appointed to, a fire department and assigned to undertake fire protection services, and includes a volunteer firefighter; ("pompier")

"Fire Marshal" means the Fire Marshal appointed under subsection 8 (1); ("commissaire des incendies")

"fire protection services" includes fire suppression, fire prevention, fire safety education, communication, training of persons involved in the provision of fire protection services, rescue and emergency services and the delivery of all those services; ("services de protection contre les incendies")

"Fire Safety Commission" means the Fire Safety Commission continued under Part X of this Act; ("Commission de la sécurité-incendie")

"Minister" means, in each Part of this Act, the member of the Executive Council to whom the administration of this Act, or of the Part of this Act, is assigned from time to time; ("ministre")

"municipality" means a locality the inhabitants of which are incorporated; ("municipalité")

"prescribed" means prescribed by regulation; ("prescrit")

"regulation" means a regulation made under this Act; ("règlement")

"volunteer firefighter" means a firefighter who provides fire protection services either voluntarily or for a nominal consideration, honorarium, training or activity allowance. ("pompier volontaire")

Interpretation of land and premises

(2) For the purposes of this Act, a reference to land and premises or to land or premises includes any buildings or structures situated on the land or premises.

Application of definition of firefighter

(3) The definition of firefighter in subsection (1) does not apply to Part IX.

Automatic aid agreements

(4) For the purposes of this Act, an automatic aid agreement means any agreement under which,

(a) a municipality agrees to ensure the provision of an initial response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department in the municipality is capable ofresponding more quickly than any fire department situated in the other municipality; or

(b) a municipality agrees to ensure the provision of a supplemental response to fires, rescues and emergencies that may occur in a part of another municipality where a fire department situated in the municipality is capable of providing the quickest supplemental response to fires, rescues and emergencies occurring in the part of the other municipality.

Same

(5) A mutual aid plan established under section 7 does not constitute an automatic aid agreement for the purposes of subsection (4).

PART II

RESPONSIBILITY FOR FIRE PROTECTION SERVICES

Municipal responsibilities

2. (1) Every municipality shall,

(a) establish a program in the municipality which must include public education with respect to fire safety and certain components of fire prevention; and

(b) provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.

Methods of providing services

(2) In discharging its responsibilities under subsection (1), a municipality shall,

(a) appoint a community fire safety officer or a community fire safety team; or

(b) establish a fire department.

Services to be provided

(3) In determining the form and content of the program that it must offer under clause (1) (a) and the other fire protection services that it may offer under clause (1) (b), a municipality may seek the advice of the Fire Marshal.

Shared responsibilities

(4) Two or more municipalities may appoint a community fire safety officer or a community fire safety team or establish a fire department for the purpose of providing fire protection services in those municipalities.

Services outside municipality

(5) A municipality may, under such conditions as may be specified in the agreement, enter into an agreement to,

(a) provide such fire protection services as may be specified in the agreement to lands or premises that are situated outside the territorial limits of the municipality; and

(b) receive such fire protection services as may be specified in the agreement from a fire department situated outside the territorial limits of the municipality.

Automatic aid agreements

(6) A municipality may enter into an automatic aid agreement to provide or receive the initial or supplemental response to fires, rescues and emergencies.

Review of municipal fire services

(7) The Fire Marshal may monitor and review the fire protection services provided by municipalities to ensure that municipalities have met their responsibilities under this section and, if the Fire Marshal is of the opinion that, as a result of a municipality failing to comply with its responsibilities under subsection (1), a serious threat to public safety exists in the municipality, he or she may make recommendations to the council of the municipality with respect to possible measures the municipality may take to remedy or reduce the threat to public safety.

Failure to provide services

(8) If a municipality fails to adhere to the recommendations made by the Fire Marshal under subsection (7) or to take any other measures that in the opinion of the Fire Marshal will remedy or reduce the threat to public safety, the Minister may recommend to the Lieutenant Governor in Council that a regulation be made under subsection (9).

Regulation

(9) Upon the recommendation of the Minister, the Lieutenant Governor in Council may make regulations establishing standards for fire protection services in municipalities and requiring municipalities to comply with the standards.

Same

(10) A regulation under this section may be general or specific in its application and may be restricted to those municipalities specified in the regulation.

Territory without municipal organization

3. (1) The Fire Marshal may enter into agreements to providefire protection services in territory without municipal organization and to govern the provision of those services.

Same

(2) An agreement referred to in subsection (1) may provide for,

(a) the appointment of a community fire safety officer or a community fire safety team; or

(b) the establishment of a fire department.

Community fire safety officer or team

4. (1) A community fire safety officer or a community fire safety team appointed in a municipality or in a group of municipalities shall provide the program established under clause 2 (1) (a) in the municipality or in the group of municipalities, as the case may be.

Same

(2) A community fire safety officer or a community fire safety team appointed by agreement with the Fire Marshal in territory without municipal organization shall provide a program which includes public education with respect to fire safety and certain components of fire prevention in the territory in accordance with the agreement.

Fire departments

5. A fire department shall provide fire suppression services and may provide other fire protection services in a municipality, group of municipalities or in territory without municipal organization.

Fire chief, municipalities

6. (1) If a fire department is established in a municipality or if one fire department is established in two or more municipalities, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the purposes of this Act.

Same

(2) If two or more municipalities have each established a fire department, the councils of the municipalities may appoint one fire chief for the fire departments.

Responsibility to council

(3) A fire chief is the person who is ultimately responsible to the council of a municipality that appointed him or her for the delivery of fire protection services.

Fire chief, territory without municipal organization

(4) If a fire department is established in territory withoutmunicipal organization under subsection 3 (2), the agreement shall provide for the appointment of a fire chief.

Powers of fire chief

(5) The fire chief may exercise all the powers assigned to him or her under this Act within the territorial limits of the municipality and within any other area in which the municipality has agreed to provide fire protection services, subject to any conditions specified in the agreement.

Delegation

(6) A fire chief may delegate his or her powers or duties under sections 14, 19 and 20 and such other powers and duties as may be prescribed to any firefighter or class of firefighters, subject to such limitations, restrictions or conditions as may be prescribed or set out in the delegation.

Fire co-ordinators

7. (1) The Fire Marshal may appoint fire co-ordinators for such areas as may be designated in the appointment.

Duties

(2) A fire co-ordinator shall, subject to the direction of the Fire Marshal,

(a) establish and maintain a mutual aid plan under which the fire departments that serve the designated area agree to assist each other in the event of an emergency; and

(b) perform such other duties as may be assigned by the Fire Marshal.

PART III

FIRE MARSHAL

Appointment of Fire Marshal

8. (1) There shall be a Fire Marshal who shall be appointed by the Lieutenant Governor in Council.

Deputy Fire Marshal

(2) There shall be a Deputy Fire Marshal, who shall be appointed by the Lieutenant Governor in Council and who shall act in the stead of the Fire Marshal if he or she is absent or unable to act, and who, when so acting, has all the power and authority of the Fire Marshal.

Powers of Fire Marshal

9. (1) The Fire Marshal has the power,

(a) to monitor, review and advise municipalities respectingthe provision of fire protection services and to make recommendations to municipal councils for improving the efficiency and effectiveness of those services;

(b) to issue directives to assistants to the Fire Marshal respecting matters relating to this Act and the regulations;

(d) to issue guidelines to municipalities respecting fire protection services and related matters;

(e) to co-operate with any body or person interested in developing and promoting the principles and practices of fire protection services;

(f) to issue long service awards to persons involved in the provision of fire protection services; and

(g) to exercise such other powers as may be assigned under this Act or as may be necessary to perform any duty assigned under this Act.

Duties of Fire Marshal

(2) It is the duty of the Fire Marshal,

(a) to investigate the cause, origin and circumstances of any fire or of any explosion or condition that in the opinion of the Fire Marshal might have caused a fire, explosion, loss of life or damage to property;

(b) to advise municipalities in the interpretation and enforcement of this Act and the regulations;

(c) to provide information and advice on fire safety matters and fire protection matters by means of public meetings, newspaper articles, publications, electronic media and exhibitions and otherwise as the Fire Marshal considers advisable;

(d) to develop training programs and evaluation systems for persons involved in the provision of fire protection services and to provide programs to improve practices relating to fire protection services;

(e) to maintain and operate a central fire college;

(f) to keep a record of every fire reported to the Fire Marshal with the facts, statistics and circumstancesthat are required under this Act;

(g) to develop and maintain statistical records and conduct studies in respect of fire protection services; and

(h) to perform such other duties as may be assigned to the Fire Marshal under this Act.

Public inquiry

(3) For the purpose of any inquiry or investigation conducted by the Fire Marshal under this Act, the Fire Marshal has and may exercise all the powers of a commission under Part II of the Public Inquiries Act, which part applies to such inquiries or investigations as if they were an inquiry under that Act.

Employment of expert, etc.

(4) The Fire Marshal may employ legal, technical, scientific, clerical or other assistance that the Fire Marshal considers advisable or necessary in the conduct of any inquiry or investigation under this Act or in carrying out any of his or her powers or duties under this Act.

Delegation

10. (1) The Fire Marshal may delegate any power or duty that is granted to or vested in the Fire Marshal under this Act to any person or class of persons, subject to such limitations, restrictions, conditions and requirements as may be set out in the delegation.

Same

(2) Subsection (1) applies with respect to any power or duty held by the Fire Marshal under this Act, including such statutory or discretionary powers as may be assigned to the Fire Marshal under this Act.

Certificate of appointment

(3) A certificate under the hand and seal of the Fire Marshal of the appointment of a person under this Act is proof in the absence of evidence to the contrary of the appointment in any court or elsewhere.

Assistants to the Fire Marshal

11. (1) The following persons are assistants to the Fire Marshal and shall follow the Fire Marshal's directions in carrying out this Act,

(a) the fire chief of every fire department;

(b) the clerk of every municipality that does not have a fire department;

(d) every person designated by the Fire Marshal as an assistant to the Fire Marshal.

Duty to report

(2) The assistants to the Fire Marshal shall report to the Fire Marshal all fires and other matters related to fire protection services as may be specified by the Fire Marshal.

Submitting report

(3) A report under subsection (2) shall be made in the form and manner and within the time period specified by the Fire Marshal.

Workers' compensation not affected

(4) The relationship between a person who is an assistant to the Fire Marshal under this section and the municipality or such other person by which he or she is employed continues for the purposes of the Workers' Compensation Act as if the person were not an assistant to the Fire Marshal.

PART IV

FIRE CODE

Fire Code

12. (1) The Minister may make regulations that are considered advisable or necessary for the purpose of establishing a fire code for Ontario governing fire safety standards for equipment, systems, buildings, structures, land and premises including regulations,

(a) prescribing any method, matter or thing relating to fire protection;

(b) respecting standards for reducing the risk of, or consequences of, a fire that would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it;

(c) requiring and regulating fire protection equipment and systems and respecting the maintenance of such equipment and systems;

(d) requiring and regulating means of egress, fire separations, finish materials, furnishings and decorations, standards of housekeeping and heating, ventilation, air conditioning and incinerating equipment and systems;

(e) controlling or prohibiting any material, substance,equipment or system affecting fire safety;

(f) requiring and regulating procedures respecting fire safety and the keeping and furnishing of records and reports;

(g) requiring the approval of the Fire Marshal or of a prescribed person in respect of any method, matter or thing;

(h) requiring notice to be given to the Fire Marshal or to a prescribed person respecting any change in use or occupancy;

(i) prescribing conditions for use, occupation or demolition;

(j) exempting any class of building, structure, lands or premises from compliance with the regulations or any provision thereof, and attaching terms and conditions to such exemptions;

(k) respecting the qualifications and training of persons servicing, maintaining, testing or repairing fire protection devices, equipment or systems and the licensing of such persons;

(l) adopting by reference, in whole or in part, with such changes as the Minister considers necessary, any code or standard and requiring compliance with any code or standard that is so adopted.

Limitation of application

(2) Any regulation made under this section may be limited in its application territorially or to any class of building, structure, land or premises or to any building, structure, land or premises used for any specified purpose.

Buildings under construction

(3) Subject to subsection (4), the fire code does not apply to the unoccupied parts of a building that is under construction within the meaning of the Building Code Act, 1992 or of a predecessor to that Act.

Same

(4) The fire code applies to the unoccupied parts of a building that is under construction within the meaning of the Building Code Act, 1992, or of a predecessor to that Act, if,

(a) there has been no substantial work related to the construction of the building for at least six months; or

(b) the conditions in the unoccupied portions threaten the safety of the occupied portions.

Municipal by-law prevails

(5) If there is a conflict between a provision of the fire code and a provision of a municipal by-law respecting the keeping and manufacturing of explosives, the provision that is the most restrictive prevails.

PART V

RIGHTS OF ENTRY IN EMERGENCIES

AND FIRE INVESTIGATIONS

Entry on adjacent lands by firefighters, etc.

13. (1) A firefighter or such other person as may be authorized by the fire chief, the Fire Marshal or an assistant to the Fire Marshal may, without a warrant, enter on lands or premises,

(a) that are adjacent to the lands or premises on which a fire or emergency has occurred, for the purposes of fighting the fire or of providing rescue or emergency services; or

(b) that are adjacent to the lands or premises on which there is a serious threat to the health and safety of any person or the quality of the natural environment, for the purpose of removing or reducing the threat.

Entry onto land outside municipality

(2) A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises that are outside the territorial limits of the municipality of the fire department that employs the firefighter or fire chief for the purposes of fighting a fire or of providing rescue or emergency services on such lands or premises if,

(a) in the opinion of the fire chief, the fire or emergency threatens persons, property or the environment within the territorial limits of the municipality served by the fire department; and

(b) there is no fire department or other emergency response capability for the area in which the lands or premises are situated.

Automatic aid

(3) A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises that are outside the territorial limits of the municipality of the fire department that employs the firefighter or fire chief for the purposes of fighting a fire or of providing rescue oremergency services on such lands or premises if the council of the municipality has entered into an automatic aid agreement or any other agreement under which the entry is permitted.

Common law right of entry preserved

(4) Nothing in this section derogates from a firefighter's right of entry at common law.

Entry where fire has occurred or is likely to occur

14. (1) The Fire Marshal or a fire chief may, without a warrant, enter on land or premises if,

(a) a fire has occurred on the land or premises; or

(b) he or she has reason to believe that a substance or device that is likely to cause a fire may be situated on the land or premises.

Powers upon entry

(2) Upon entering on land or premises under subsection (1), the Fire Marshal or a fire chief may,

(a) close, and prevent entry to, the land or premises for the length of time necessary to complete the examination of the land or premises;

(b) in the case of an entry under clause (1) (a), remove from the land or premises, retain and examine any article or material, and take such samples or photographs, make videotapes and other images electronic or otherwise that in his or her opinion may be of assistance in determining the cause of the fire under investigation;

(d) require that any machinery, equipment or device be operated, used or set in motion under specified conditions; and

(e) make any reasonable inquiry of any person, orally or in writing.

Entry to adjacent lands

(3) A person who enters on land or premises under subsection (1), may, without a warrant, enter on adjacent land or premises if the entry is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises.

Use of force

(4) A person who enters land or premises under subsection (1) or (3) shall not use force to enter the land or premises.

Warrant authorizing entry

(5) A justice of the peace may issue a warrant authorizing the Fire Marshal or a fire chief named in the warrant to enter on land or premises and exercise any of the powers referred to in subsection (2) or (3) if the justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on the lands or premises is necessary for the purposes of conducting an investigation into the cause of a fire or of determining whether a substance or device that is likely to cause fire is situated on the land or premises and,

(a) the Fire Marshal or fire chief has been denied entry to the land or premises or has been obstructed in exercising any other of those powers with respect to the land or premises; or

(b) there are reasonable grounds to believe that the Fire Marshal or fire chief will be denied entry to the land or premises or obstructed in exercising any other of those powers with respect to the land or premises.

Execution and expiry of warrant

(6) A warrant issued under subsection (5) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

Extension of time

(7) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

(8) A person authorized by a warrant issued under subsection (5) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Application without notice

(9) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupant of the land or premises.

Immediate threat to life

15. (1) If the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe that a risk of fire poses an immediate threat to life, he or she may, without a warrant, enter on any land or premises and, for the purpose of removing or reducing the threat, may,

(a) remove persons on the land or premises;

(b) post a fire watch;

(d) eliminate ignition sources;

(e) install temporary safeguards, including fire extinguishers and smoke alarms;

(f) make minor repairs to existing fire safety systems;

(g) do any other thing that the Fire Marshal, an assistant to the Fire Marshal or a fire chief has reasonable grounds to believe is urgently required to remove or reduce the threat to life.

Notice to owner

(2) A person who enters land or premises under subsection (1) shall promptly after exercising any powers under this section give notice thereof to the owner if the owner's whereabouts in Ontario are known.

Notice to be posted

(3) The person who gives notice under subsection (2) shall post a copy of the notice on the land or premises.

Contents of notice

(4) The notice shall,

(a) describe the location of the land or premises;

(b) state the reason for the entry; and

Use of force

(5) A person who enters on land or premises under this section may call on police officers as necessary and may use force as necessary to make the entry.

Assistance

16. A person who enters on land or premises under section 14 or 15 may call on any other persons he or she considers advisable to assist.

Identification

17. On the request of an owner or occupant of the land or premises, a person who enters on land or premises under section 14 or 15 shall identify himself or herself and shall explain the purpose of the entry.

PART VI

INSPECTIONS

Interpretation

18. For the purposes of this Part, fire safety includes safety from the risk that a fire, if started, would seriously endanger the health and safety of any person or the quality of the natural environment for any use that can be made of it.

Inspectors

19. (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief is an inspector for the purposes of this Part.

Inspections

(2) An inspector may, without a warrant, enter and inspect land and premises for the purposes of assessing fire safety.

Time of entry

(3) The power to enter and inspect land and premises without a warrant may be exercised only during regular business hours or, if no business is carried out on the land or premises, only between 8 o'clock in the morning and 7 o'clock in the evening.

Use of force

(4) An inspector shall not use force to enter and inspect land or premises.

Assistance

(5) An inspector who enters land or premises under this section may take with him or her a police officer or such other person as he or she considers advisable to assist.

Identification

(6) On the request of an owner or occupant of the land or premises, an inspector shall identify himself or herself and shall explain the purpose of the entry.

Powers during inspection

(7) An inspector conducting an inspection may,

(a) examine a document or other thing that is relevant tothe inspection;

(b) demand the production for inspection of a document or other thing that is relevant to the inspection;

(c) remove any thing that is relevant to the inspection for review and examination and remove any document that is relevant to the inspection for review and copying;

(d) conduct tests, take and remove samples, take photographs and make videotapes and other images, electronic or otherwise, that are relevant to the inspection;

(e) in order to produce a document in readable form, use data storage, information processing or retrieval devices or systems that are normally used in the premises being inspected; and

(f) question a person on matters relevant to the inspection.

Obligation to produce and assist

(8) If an inspector demands that a document or other thing be produced for inspection, the person who has custody of the document or thing shall produce it and, in the case of a document, shall on request provide any assistance that is reasonably necessary to interpret the document or to produce it in a readable form.

Document and thing removed from place

(9) A document or other thing that has been removed from land or premises,

(a) shall be made available to the person from whom it was removed on request and at a time and place that are convenient for the person and for the inspector; and

(b) shall, if it is possible to return the document or thing to the person, be returned within a reasonable time.

Copy admissible in evidence

(10) A copy of a document that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original and has the same evidentiary value.

Warrant authorizing entry

20. (1) A justice of the peace may issue a warrant authorizing an inspector named in the warrant to enter on lands or premises and exercise any of the powers referred to insubsection 19 (7) if the justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on the lands or premises is necessary to assess fire safety and,

(a) the inspector has been denied entry to the lands or premises or has been obstructed in exercising any other of those powers with respect to the lands or premises; or

(b) there are reasonable grounds to believe that the inspector will be denied entry to the lands or premises or obstructed in exercising any other of those powers with respect to the lands or premises.

Execution and expiry of warrant

(2) A warrant issued under subsection (1) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

Extension of time

(3) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

(4) A person authorized under subsection (1) to enter land or premises for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing.

Assistance

(5) A person named in a warrant issued under subsection (1) may call on any other persons he or she considers advisable to execute the warrant.

Application without notice

(6) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupant of the land or premises.

Identification

(7) On the request of an owner or occupant of the land or premises, a person who exercises a power conferred under subsection (1) shall identify himself or herself and shall explain the purpose of the entry.

Application

(8) Subsections 19 (8), (9) and (10) apply with respect to an inspection carried out under a warrant issued under this section.

Inspection orders

21. (1) An inspector who has carried out an inspection of land or premises under section 19 or 20 may order the owner or occupant of the land or premises to take any measure necessary to ensure fire safety on the land and premises and may for that purpose order the owner or occupant,

(a) to remove buildings or structures from the land or premises;

(b) to make structural and other repairs or alterations, including material alterations, to the buildings or structures;

(d) to install and use specified equipment or devices as may be necessary to contain hazardous material on the land or premises and to remove or transport the material in the event of a fire;

(e) to discontinue the manufacturing, production or fabrication of any material, device or other thing that creates or poses a risk of fire or explosion;

(f) to do anything respecting fire safety including anything relating to the containment of a possible fire, means of egress, fire alarms and detection, fire suppression and the preparation of a fire safety plan;

(g) to remedy any contravention of the fire code.

Same, closure of premises

(2) An inspector who has carried out an inspection of land or premises under section 19 or 20 may, with the approval of the Fire Marshal and upon such terms and conditions as the Fire Marshal considers proper,

(a) order that the owner or occupant of the land or premises close the land or premises and prevent persons from entering thereon until such time as the corrective actions ordered under subsection (1) have been completed; or

(b) if the inspector is of the opinion that it is necessary for the immediate protection of persons and property that the lands or premises be closed immediately, causethe land or premises to be closed immediately and persons on the premises to be removed and direct that the lands or premises remain closed and that the premises be vacated until such time as the corrective actions ordered under subsection (1) have been completed.

Same, electrical installations

(3) If, upon an inspection, it is determined that the electrical installations in a building or structure create or pose a risk of fire because of the inadequacy or want of repair of the installations and their wiring, the inspector may order that the electrical installations in the building or structure be inspected by a representative of Ontario Hydro and that the costs of the inspection be paid by the owner or occupant of the building or structure.

Limitation on orders relating to structural repairs

22. (1) No inspector shall make an order under clause 21 (1) (b) requiring structural repairs or alterations to a building, structure or premises that was constructed in compliance with the building code established under the Building Code Act, 1992 or under a predecessor to that Act and that continues to comply with that code as it existed at the time of construction, unless the order is necessary to ensure compliance with the provisions of the fire code relating to the retrofitting of existing buildings.

Repairs, etc., deemed not to contravene Building Code

(2) If repairs, alterations or installations are carried out in compliance with an order made under subsection 21 (1) or for the purposes of complying with the fire code, the repairs, alterations or installations shall be deemed not to contravene the building code established under the Building Code Act, 1992.

Copy of order

(3) An inspector who makes an order requiring repairs, alterations or installations to be made to a building, structure or premises shall furnish a copy of the order to the proper chief building official appointed under the Building Code Act, 1992.

Contents of order

23. An order made under section 21 shall set out,

(a) the reasons for the order;

(b) an explanation of the action required by the order;

(d) the right to request a review of the order by the Fire Marshal under section 25 or, in the case of an ordermade by the Fire Marshal, the right of appeal to the Fire Safety Commission under section 26.

Service of order

24. (1) A copy of an order made under section 21 shall be served upon the owner and any occupant of the land and premises.

Same, multi-unit building

(2) In the case of an order respecting a building that contains two or more units intended for separate occupancy, the order shall be deemed to be served upon the occupants of the building if a copy of the order is posted in a conspicuous place in or outside the building.

Posting and service of order to close premises

(3) If an order is made under subsection 21 (2) requiring the closing of land or premises, a copy of the order shall be posted on the land or premises and shall be served on the owner of the lands or premises if the owner is in Ontario and his or her whereabouts are known.

Review of inspection order by Fire Marshal

25. (1) A person who considers himself or herself aggrieved by an order made by an inspector, other than the Fire Marshal, under subsection 21 (1), (2) or (3) may, within 15 days after the order is served, submit a written request to the Fire Marshal for a review of the order.

Extension of time

(2) The Fire Marshal may, upon application by a person referred to in subsection (1), extend the time for making a request under this section if he or she is satisfied that there are apparent grounds for granting relief to the person and that there are reasonable grounds for applying for the extension and may give directions that the Fire Marshal considers proper consequent upon the extension.

Same

(3) An application for an extension of time may be made either before or after the expiration of the time fixed in subsection (1) but shall be made within 30 days after a copy of the order under section 21 is served.

Powers of Fire Marshal

(4) The Fire Marshal may,

(a) refuse to consider the substance of the request and refer the matter to the Fire Safety Commission for a hearing under section 26; or

(b) confirm, amend or rescind the order or make such other order as he or she deems appropriate.

No hearing required

(5) The Fire Marshal is not required to hold a hearing when conducting a review of an order under this section.

Lifting of stay

(6) Despite subsection 25 (1) of the Statutory Powers Procedure Act, the Fire Marshal may, upon request therefor by an inspector which may be made without notice, order that the review of the order not operate as a stay of the order pending the outcome of the appeal if, in his or her opinion, the action is necessary in the interest of public safety.

Appeal to Fire Safety Commission

26. (1) Any person who considers himself or herself aggrieved by an order made by the Fire Marshal under section 21 or 25 may appeal the order to the Fire Safety Commission.

Time for filing appeal

(2) A notice of appeal from an order referred to in subsection (1) shall be filed with the Fire Safety Commission within 15 days after the order is served.

Extension of time

(3) The Fire Safety Commission may, upon application by a person referred to in subsection (1), extend the time for appealing an order if it is satisfied that there are apparent grounds for granting the appeal and that there are reasonable grounds for applying for the extension and may give directions that it considers proper consequent upon the extension.

Same

(4) An application for an extension of time may be made either before or after expiration of the time fixed in subsection (2) but shall be made within 30 days after a copy of the order from which the appeal is made is served.

Hearing by Commission

(5) If an application is made under subsection (1) or if a matter is referred to the Fire Safety Commission by the Fire Marshal under clause 25 (4) (a), the Commission shall appoint a time for and hold the hearing.

Powers of Commission

(6) The Fire Safety Commission may confirm, amend or rescind the order of the Fire Marshal or make such other order as the Commission deems appropriate.

Lifting of stay

(7) Despite subsection 25 (1) of the Statutory Powers Procedure Act, the Fire Safety Commission may, upon application therefor by an inspector or the Fire Marshal which may be made without notice, order that the appeal from the order not operateas a stay of the order pending the outcome of the appeal if, in its opinion, the action is necessary in the interest of public safety.

Appeal to Divisional Court

27. (1) Any party to the hearing before the Fire Safety Commission under section 26 may appeal from the decision of the Commission to the Divisional Court in accordance with the rules of court on any question that is not a question of fact alone.

Minister to be heard

(2) The Minister is entitled to be heard at a hearing under this section.

Powers of court on appeal

(3) The judge who hears an appeal under this section may,

(a) refer the matter back to the Commission for reconsideration by the Commission;

(b) confirm or alter the decision of the Commission; or

(c) make such other order as he or she sees fit, including an order that the Fire Marshal or an inspector do any act he or she is authorized to do under this Act.

PART VII

OFFENCES AND ENFORCEMENT

Offences

28. (1) Every person is guilty of an offence if he or she,

(a) hinders, obstructs or interferes with the Fire Marshal, an assistant to the Fire Marshal or a fire chief in the exercise of his or her powers and duties;

(b) prevents an inspector from entering land or premises under section 19 or 20, refuses to answer questions on matters relevant to the inspection or provides the inspector with information, on matters relevant to the inspection, that the person knows, or ought reasonably to know, to be false or misleading;

(d) refuses or neglects to obey or carry out the instructions or directions of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act.

Penalty

(2) A person convicted under subsection (1) is liable to,

(a) if the person is an individual, a fine of not more than $10,000 or to imprisonment for a term of not more than one year, or to both; or

(b) if the person is a corporation, a fine of not more than $50,000.

Liability of directors

(3) Despite subsections (1) and (2), every director or officer of a corporation who knowingly commits an offence under subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both.

Offence, removal of posted notice

29. Any person who removes a copy of an order or of a notice posted in accordance with subsection 15 (3), 24 (2), (3) or 31 (3) without the approval of the Fire Marshal, an assistant to the Fire Marshal or a fire chief is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both.

Offence, failure to comply with inspection order

30. Every person who fails to comply with an order made under section 21, 25 or 26 is guilty of an offence and on conviction is liable to a fine of not more than $10,000 for every day during which the default continues, and the imposition or payment of the fine does not relieve the person from complying with the order.

Order to close premises, etc.

31. (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may apply to the Ontario Court (Provincial Division) for an order under this section if,

(a) a person who has been convicted of an offence under section 30 for failing to comply with an inspection order under section 21 or an order under section 25 or 26 has not complied with the order within 30 days of the conviction; or

(b) a person who has been convicted of an offence under clause 28 (1) (c) for contravening a provision of the fire code has not ceased to contravene the provision or remedied the contravention within 30 days of the conviction.

Order

(2) Upon an application under subsection (1), a judge may, if in his or her opinion it is necessary in the interest of publicsafety, order that the Fire Marshal, assistant to the Fire Marshal or fire chief,

(a) close access to, or remove, the building, structure or premises to which the order relates; or

(b) remove any substance, material or thing from the building, structure or premises.

Application

(3) If an order is made under clause (2) (a), subsection 24 (3) applies with necessary modifications to the service and posting of the order.

Compliance order

32. (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may, in addition to any other rights he or she may have under this Act, apply to a judge of the Ontario Court (General Division) for an order,

(a) requiring a person to comply with an inspection order made under section 21 or with an order made under section 25 or 26 if the person has failed to comply with the order; or

(b) requiring a person to remedy any contravention of a provision of the fire code.

Powers of judge

(2) Upon an application being made under subsection (1), a judge may make the order requested or such other order as he or she sees fit.

Appeal

(3) An appeal lies to the Divisional Court from the judge's order.

Fire Marshal to carry out inspection order

33. (1) If an order made under section 21, 25 or 26 requires a thing to be done, an inspector may apply to the Fire Safety Commission for an order authorizing him or her to cause the thing to be done.

Hearing

(2) Upon receiving an application under subsection (1), the Fire Safety Commission shall appoint a time for and hold a hearing.

Consolidation of hearings

(3) If an application is made under this section and an appeal is made under section 26 in respect of the same order, the Fire Safety Commission may, if it considers it practical to do so,consolidate the hearings.

Grounds for decision

(4) The Fire Safety Commission may authorize the inspector to cause to be done any thing required to be done by an order made under section 21, 25 or 26 if,

(a) the person required by the order to do the thing,

(i) has refused to comply with or is not complying with the order,

(ii) is not likely, in the Commission's opinion, to comply with the order promptly,

(iii) is not likely, in the Commission's opinion, to carry out the order competently, or

(iv) requests the assistance of the inspector in complying with the order; and

(b) in the Commission's opinion, failure to do the thing would seriously endanger the health or safety of any person or the quality of the natural environment for any use that can be made of it.

Warrant authorizing entry

34. (1) If a justice of the peace is satisfied on evidence under oath that there are reasonable grounds to believe that entry on certain land or premises is necessary for the purpose of doing a thing that the Fire Safety Commission has authorized to be done under section 33, the justice of the peace may issue a warrant authorizing the person named in the warrant to enter and do the thing on the land or premises including, where necessary, entering an adjacent property in order to access the property named in the warrant.

Execution and expiry of warrant

(2) A warrant issued under subsection (1) shall,

(a) specify the times, which may be at any time during the day or night, during which the warrant may be carried out; and

(b) state when the warrant expires.

Extension of time

(3) A justice of the peace may extend the date on which a warrant expires for such additional periods as the justice of the peace considers necessary.

Use of force

Assistance

(5) A person named in a warrant issued under subsection (1) may call on any other persons he or she considers advisable to execute the warrant.

Application without notice

(6) A justice of the peace may receive and consider an application for a warrant or extension of a warrant under this section without notice to the owner or occupant of the land or premises.

Identification

PART VIII

RECOVERY OF COSTS

Fire Marshal's order to pay costs

35. (1) The Fire Marshal, a fire chief or an assistant to the Fire Marshal may issue an order to pay the costs incurred by the Province of Ontario or a municipality,

(a) in doing any thing done in accordance with an authorization given under section 33, to any person required by an order made under section 21, 25 or 26 to do the thing; or

(b) in entering land or premises and doing any thing under section 15, to the owner or the person having control of the land or premises.

Idem

(2) An order under subsection (1) to pay costs shall include,

(a) a description of the things done for which the costs were incurred and a statement of the authority for doing the things;

(b) a detailed account of the costs incurred by the Province of Ontario or the municipality, as the case may be; and

(c) a direction that the person to whom the order is issuedpay the costs to the Minister of Finance or the municipality, as the case may be.

Appeal to Fire Safety Commission

36. (1) A person to whom an order to pay costs is issued may, by written notice served on the person who issued the order and on the Fire Safety Commission within 15 days after service on the person of a copy of the order, require a hearing by the Commission.

Costs specified in order to pay may be increased by Commission

(2) At a hearing by the Fire Safety Commission on an order to pay costs, the Fire Marshal or an assistant to the Fire Marshal or a fire chief may, on reasonable notice to all parties, ask the Commission to amend the order by adding new items of cost or by increasing the amounts set out in the order.

What Commission may consider at hearing

(3) At a hearing by the Fire Safety Commission on an order to pay costs, the Commission shall consider only whether any of the costs specified in the order,

(a) are unreasonable having regard to what was done; or

(b) do not relate to a thing,

(i) that the person to whom the order to pay costs was issued was required to do by an order made under section 21, 25 or 26 or on any appeal from any such order, or

(ii) that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under section 15.

Appeal to Divisional Court

(4) Any party to a hearing by the Fire Safety Commission on an order to pay costs may appeal from the decision of the Commission to the Divisional Court on any question that is not a question of fact alone.

Idem

(5) Subsections 27 (2) and (3) apply with necessary modification to an appeal under subsection (4).

Enforcement of order to pay costs

37. (1) An order to pay costs may be filed with the Ontario Court (General Division) and enforced as if it were an order of the court.

Interest

(2) Section 129 of the Courts of Justice Act applies in respect of an order filed under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.

Instructions for municipality to recover costs

38. (1) The Fire Marshal, a fire chief or an assistant to the Fire Marshal may inform a municipality as to the amount of any of the following expenses incurred by the municipality or the Province of Ontario that relate to things done in connection with land or premises in the municipality and instruct the municipality to recover the amounts:

1. Expenses incurred in carrying out an order made under subsection 31 (2) that relates to the land or premises.

2. Where an order to pay costs has been issued under section 35 to a person who owns the lands or premises in the municipality,

i. expenses incurred in doing anything done in accordance with an authorization given under section 33 to do things to the land or premises, or

ii. expenses incurred in doing a thing under section 15 in order to remove or reduce an immediate threat to life on the land or premises.

Municipal lien

(2) Upon receiving instructions under subsection (1), a municipality shall have a lien against the land or premises in respect of which expenses referred to in subsection (1) were incurred for the amount of the expenses.

Collection of lien amount as municipal taxes

(3) The amount of any expenses referred to in subsection (1) shall be deemed to be municipal taxes and shall be added by the clerk of the municipality to the collector's roll and collected in the same way and with the same priorities as municipal taxes.

Remitting costs to Province

(4) Subject to subsection (7), money collected in accordance with subsection (3) in order to recover expenses referred to in subsection (1) that were incurred by the Province of Ontario shall be paid by the municipality to the Minister of Finance; but the municipality may retain such amounts as may be reasonably attributable to the collection.

Same

(5) A lien created under subsection (2) in favour of a municipality for amounts incurred by the Province of Ontario is not an estate or interest of the Crown within the meaning of clause 9 (5) (b) of the Municipal Tax Sales Act.

Definition

(6) In subsections (7) and (8), "cancellation price" has the same meaning as in the Municipal Tax Sales Act.

Proceeds of tax sale

(7) If there is a sale of land under the Municipal Tax Sales Act and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Environmental Protection Act or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land.

Cancellation price

(8) Despite any provision of the Municipal Tax Sales Act, the treasurer of a municipality may sell land under that Act for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Environmental Protection Act and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under the Municipal Tax Sales Act.

Instructions for Crown to recover costs

39. (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may inform the Land Tax Collector appointed under the Provincial Land Tax Act as to the amount of any of the following expenses incurred by the Province of Ontario that relate to things done in connection with land and premises in territory without municipal organization and instruct the Land Tax Collector to recover the amounts:

1. Expenses incurred in carrying out an order made under subsection 31 (2) that relates to the land or premises.

2. Where an order to pay costs has been issued under section 35 to a person who owns the lands or premises in territory without municipal organization,

i. expenses incurred in doing anything done in accordance with an authorization given under section 33 to do things to the land or premises, or

ii. expenses incurred in doing a thing under section 15 in order to remove or reduce an immediate threat to life on the land or premises.

Crown lien

(2) Upon receiving instructions under subsection (1), the Crown shall have a lien against the land or premises in respect of which expenses referred to in subsection (1) were incurred for the amount of the expenses.

Collection of lien amount as taxes

(3) The amount of any expenses referred to in subsection (1) shall be deemed to be taxes in respect of the land or premises imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act.

Expenses related to work on other lands

40. The amount to be recovered by way of municipal taxes against land or premises under section 38 or 39 shall include all expenses incurred in doing any thing in connection with the land or premises that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under an order or authorization referred to in subsection (1), whether or not the thing was done on the land or premises.

PART IX

FIREFIGHTERS: EMPLOYMENT AND LABOUR RELATIONS

Definitions

41. (1) In this Part,

"Board" means the Ontario Labour Relations Board; ("Commission")

"employer" means a municipality, person or organization that employs firefighters; ("employeur")

"firefighter" means a person regularly employed on a salaried basis in a fire department and assigned to fire protection services and includes technicians but does not include a volunteer firefighter; ("pompier")

"member", when used with reference to a trade union, includes a person who has applied for membership in the trade union. ("membre")

Managers not firefighters

(2) For the purposes of this Part, a person shall be deemed not to be a firefighter if,

(a) in the opinion of the Board, he or she exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations; or

(b) he or she is a person designated under subsection 58 (3).

Application

(3) Sections 110 and 111, subsections 114 (1) and (3) and section 116, 121 and 122 of the Labour Relations Act, 1995 apply with necessary modifications to proceedings before the Board under this Act and the Board may exercise the powers under those sections as if they were part of this Act.

Transition

(4) A bargaining agent who is signatory to a collective agreement that is in effect immediately before this Part comes into force shall be deemed to have been voluntarily recognized by the employer as a bargaining agent for the purposes of this Part.

working conditions

Strike and lock outs

42. No firefighter shall strike and no employer of firefighters shall lock them out.

Hours of work

43. (1) This section applies with respect to firefighters employed in a municipality with a population of 10,000 or more.

Maximum hours per week

(2) A firefighter who is assigned to fire-fighting duties shall not be required to work or to be on duty for more than 48 hours in an average work week.

Shift system

(3) A fire department may arrange firefighters' hours of work according to a shift system such as a platoon system where the firefighters are divided into two, three or any other number of platoons.

Two platoon system

(4) In a two platoon system, the hours may be arranged in one of the following ways:

1. Each platoon is on duty for 24 consecutive hours followed immediately by 24 consecutive hours off duty.

2. One platoon is assigned to day-time duty of 10 consecutive hours, followed immediately with 14 hours off duty, and the other platoon is assigned to night-time duty of 14 consecutive hours, followed immediately with 10 hours off duty and the platoons alternate from night work to day work at least every two weeks.

Three platoon system

(5) In a three platoon system, each platoon may be on duty for a period of eight hours, followed immediately by 16 consecutive hours off duty, and the platoons rotate shifts at least every two weeks.

Other systems

(6) In any other system of platoons or hours of work other than those described in subsections (4) and (5), the hours of work for each platoon may be arranged in any way, subject to subsection (2).

Day off

(7) A firefighter is entitled to a minimum of one 24-hour period each week during which he or she is not at work or on duty. If firefighters are assigned to rotating shifts, the 24-hour period must not fall in whole or in part on a day when the firefighter is ending one shift or beginning another.

Same, other duties

(8) A firefighter who is assigned to duties other than fire-fighting shall not be required to work or to be on duty for longer than the number of hours in the average work week of a firefighter in the same fire department.

Off duty

(9) The hours off duty of firefighters shall be free from fire department duties.

Exception for emergencies

(10) Despite subsections (1) to (9), the fire chief may call in off-duty firefighters if, as a result of a major emergency, the fire department needs the services of more firefighters than are on duty.

Termination of employment

44. (1) The employment of a firefighter may be terminated upon seven days' notice. The notice must be accompanied by written reasons for the termination.

Independent review

(2) A firefighter who has received a notice of termination of employment may require a review of the termination to be conducted, unless a collective agreement provides for another review mechanism.

Same

(3) If a review of a termination is required under subsection (2), the municipality in which the firefighter is employed shall appoint a person who is not employed in the fire department to conduct the review.

Review, no hearing

(4) A person appointed to conduct a review shall conduct the review within 10 days after the day the review is required. The person is not required to hold a hearing in conducting a review under this section.

Suspension from duties

(5) Subject to subsection (6), a firefighter who has required a review under subsection (2), shall be suspended from his or her duties with full salary and benefits pending the outcome of the review.

Same, termination for cause

(6) A firefighter who has been terminated for cause and who requires a review under subsection (2) shall be suspended from his or her duties without pay or benefits pending the outcome of the review.

Decision

(7) A person conducting a review of a termination under this section may uphold the termination, order that the firefighter be returned to duties under such conditions as may be specified in the order or make such other order as he or she considers proper.

Probationary period

(8) The employment of a firefighter may be terminated without cause at any time during the first 12 months, unless a collective agreement provides otherwise. Subsections (2) to (7) do not apply with respect to a termination during that period.

Establishment of Bargaining Rights by Certification

Bargaining unit

45. (1) The firefighters employed in a fire department constitute a bargaining unit for the purposes of collective bargaining under this Act.

Exclusion

(2) The bargaining unit shall not include persons who are deemed not to be firefighters under subsection 41 (2).

Application for certification

46. (1) Where no trade union has been certified as bargaining agent of the firefighters in a bargaining unit and the firefighters in the unit are not bound by a collective agreement, a trade union may apply at any time to the Board for certification as bargaining agent of the firefighters in the unit.

Same

(2) Where a trade union has been certified as bargaining agent of the firefighters in a bargaining unit and has not entered intoa collective agreement with the employer of the firefighters and no declaration has been made by the Board that the trade union no longer represents the firefighters in the bargaining unit, another trade union may apply to the Board for certification as bargaining agent of the firefighters in the bargaining unit only after the expiration of one year from the date of the certificate.

Same

(3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the firefighters in a bargaining unit and the agreement is in writing signed by the parties and the parties have not entered into a collective agreement and the Board has not made a declaration under section 65, another trade union may apply to the Board for certification as bargaining agent of the firefighters in the bargaining unit only after the expiration of one year from the date that the recognition agreement was entered into.

Same

(4) Where a collective agreement is for a term of not more than three years, a trade union may apply to the Board for certification as bargaining agent of the firefighters in the bargaining unit only after the commencement of the last two months of its operation.

Same

(5) Where a collective agreement is for a term of more than three years, a trade union may apply to the Board for certification as bargaining agent of the firefighters in the bargaining unit only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the twomonth period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be.

Same

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of the firefighters in the bargaining unit during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be.

Restriction

(7) The right of a trade union to apply for certification under this section is subject to subsection 48 (3) and section 56.

Withdrawal of application

(8) An application for certification may be withdrawn by the applicant upon such conditions as the Board may determine.

Bar to reapplying

(9) If the trade union withdraws the application before a representation vote is taken, the Board may refuse to consider another application for certification by the trade union as the bargaining agent of the firefighters in the bargaining unit until one year or such shorter period as the Board considers appropriate has elapsed after the application is withdrawn.

Same

(10) If the trade union withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by the trade union as the bargaining agent of the firefighters in the bargaining unit until one year has elapsed after the application is withdrawn.

Notice to employer

(11) The trade union shall deliver a copy of the application for certification to the employer by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.

Evidence

(12) The application for certification shall be accompanied by a list of the names of the union members and evidence of their status as union members, but the trade union shall not give this information to the employer.

Voting constituency

47. (1) Upon receiving an application for certification, the Board may determine the voting constituency to be used for a representation vote.

Direction re representation vote

(2) If the Board determines that 40 per cent or more of the individuals in the bargaining unit appeared to be members of the union at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.

Membership in trade union

(3) The number of individuals in the bargaining unit who appear to be members of the trade union shall be determined withreference only to the information provided in the application for certification and the accompanying information provided under subsection 46 (12).

No hearing

(4) The Board shall not hold a hearing when making a decision under subsection (1) or (2).

Timing of vote

(5) Unless the Board directs otherwise, the representation vote shall be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the application for certification is filed with the Board.

Conduct of vote

(6) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.

Sealing of ballot box, etc.

(7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.

Subsequent hearing

(8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application for certification.

Exception

(9) When disposing of an application for certification, the Board shall not consider any challenge to the information provided under subsection 46 (12).

Certification after representation vote

48. (1) The Board shall certify a trade union as the bargaining agent of the firefighters in a bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the firefighters in the bargaining unit are cast in favour of the trade union.

No certification

(2) The Board shall not certify the trade union as bargaining agent and shall dismiss the application for certification if 50 per cent or less of the ballots cast in the representation vote by the firefighters in the bargaining unit are cast in favour of the trade union.

Bar to reapplying

(3) If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by the trade union as thebargaining agent of the firefighters in the bargaining unit until one year has elapsed after the dismissal.

What unions not to be certified

49. The Board shall not certify a trade union if any employer has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code or the Canadian Charter of Rights and Freedoms.

Collective bargaining

Notice of desire to bargain

50. (1) Following certification or the voluntary recognition by the employer of the trade union as bargaining agent for the firefighters in the bargaining unit, if no collective agreement has been made, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement.

Same

(2) The employer or the bargaining agent may give written notice of its desire to bargain with a view to making a collective agreement within the period of 90 days before the expiry date set out in the collective agreement or, if no expiry date is set out in the agreement, within the period of 90 days before the expiry date referred to in subsection 56 (1).

Obligation to bargain

51. (1) The employer and the bargaining agent shall meet within 15 days after the notice is given, or within such longer period as they may agree upon, and they shall bargain in good faith and make every reasonable effort to make a collective agreement.

Parties

(2) The employer and the bargaining agent are the parties to the bargaining.

Scope of bargaining

52. (1) The parties may bargain in respect of the remuneration (including pension benefits) and working conditions of members of the bargaining unit but shall not bargain in respect of the working conditions described in section 43.

Restriction re pension benefits

(2) The Minister of Municipal Affairs and Housing may determine the maximum amount of any pension benefit available to a firefighter under a pension plan established under paragraph 46 of section 207 of the Municipal Act.

Same

(3) The collective agreement shall not provide for pension benefits under a pension plan described in subsection (2) greater than those determined by the Minister of Municipal Affairs and Housing.

Notice

(4) The employer shall notify the Minister of Municipal Affairs and Housing when pension benefits under a pension plan described in subsection (2) may become the subject of collective bargaining.

Conciliation

53. (1) After notice is given under section 50 or after the parties have met and bargained, and upon the request of either party, a conciliation officer shall be appointed in accordance with the regulations to endeavour to effect a collective agreement.

Duties

(2) The conciliation officer shall confer with the parties and endeavour to effect a collective agreement.

Report to Minister

(3) Within 14 days after being appointed or within such longer period as the parties may agree upon, the conciliation officer shall report the results of his or her endeavour to the Minister. The Minister may also extend the 14-day period if the conciliation officer advises him or her that, with the extension, an agreement may be made within a reasonable period of time.

Report to parties

(4) The Minister shall forthwith, by notice in writing, inform the parties of the conciliation officer's report.

Costs of conciliation

(5) The parties shall each pay one-half of the costs of the conciliation.

Same

(6) The Minister shall determine the amount of the costs and his or her determination is binding.

Arbitration

54. (1) If the Minister advises the parties that the conciliation officer is unable to effect a collective agreement, either party may require the matters remaining in dispute to be referred to arbitration for final and binding determination.

Arbitration board, single arbitrator

(2) A matter referred to in subsection (1) shall be referred to an arbitration board unless the parties agree to refer thematter to a single arbitrator. The appointment of an arbitrator or of an arbitration board shall be in accordance with the regulations.

Commencement of proceedings

(3) The arbitrator or the board, as the case may be, shall begin the arbitration proceedings within 30 days after it is constituted or within such longer period as the parties may agree upon or as may be determined by the arbitrator or the board.

Time for decision

(4) An arbitrator shall give a decision within 30 days after hearings on the matter submitted to arbitration are concluded.

Same, arbitration board

(5) An arbitration board shall give a decision within 60 days after hearings on the matter submitted to arbitration are concluded.

Orders re decisions

(6) If the arbitrator or arbitration board does not give a decision within the time described in subsection (4) or (5), the Minister may,

(a) make such orders as he or she considers necessary to ensure that the decision or reasons will be given without undue delay; and

(b) make such orders as he or she considers appropriate respecting the remuneration and expenses of the arbitrator or arbitration board.

Criteria

(7) In making a decision, the arbitrator or the arbitration board shall take into consideration all factors he, she or it considers relevant, including the following criteria:

1. The employer's ability to pay in light of its fiscal situation.

2. The extent to which services may have to be reduced, in light of the decision, if current funding and taxation levels are not increased.

3. The economic situation in Ontario and in the municipality.

4. A comparison, as between the firefighters and other comparable employees in the public and private sectors, or the terms and conditions of employment and the nature of the work performed.

5. The employer's ability to attract and retain qualified firefighters.

Restriction

(8) Nothing in subsection (7) affects the powers of the arbitration board.

Powers of arbitrators, chair and arbitration boards

(9) An arbitrator or the chair of an arbitration board, as the case may be, has power,

(a) to require any party to furnish particulars before or during a hearing;

(b) to require any party to produce documents or things that may be relevant to the matter and to do so before or during the hearing;

(d) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath in the same manner as a court of record in civil cases; and

(e) to administer oaths and affirmations,

and an arbitrator or an arbitration board, as the case may be, has power,

(f) to accept the oral or written evidence as the arbitrator or the arbitration board, as the case may be, in his, her or its discretion considers proper, whether admissible in a court of law or not;

(g) to enter any premises where work is being done or has been done by the firefighters or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to the arbitrator or the arbitration board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such differences;

(h) to authorize any person to do anything that the arbitrator or arbitration board may do under clause (g) and to report to the arbitrator or the arbitration board thereon;

(i) to make interim orders concerning procedural matters;

(j) to interpret and apply human rights and other employmentrelated statutes, despite any conflict between those statutes and the terms of the collective agreement.

Role of the chair

(10) If a matter is referred to an arbitration board and a majority of the board does not agree upon the matter, the decision of the chair concerning the matter is the decision of the board.

Effect of arbitrator's decision

(11) The decision of an arbitrator or of an arbitration board is binding upon the parties and the firefighters who are covered by the agreement and affected by the decision.

Execution of agreement by board

(12) Within five days of the date of the decision of the arbitrator or of the arbitration board, as the case may be, or within such longer period as may be agreed upon in writing by the parties, the parties shall prepare and execute a document giving effect to the decision of the arbitrator or of the board and any agreement of the parties, and the document thereupon constitutes a collective agreement.

Preparation of agreement

(13) If the parties fail to prepare and execute a document in the form of a collective agreement giving effect to the decision of the arbitrator or of the arbitration board and any agreement of the parties within the period mentioned in subsection (12), the parties or either of them shall notify the arbitrator or the chair of the board in writing forthwith, and the arbitrator or the board, as the case may be, shall prepare a document in the form of a collective agreement giving effect to the decision of the arbitrator or of the board and any agreement of the parties and submit the document to the parties for execution.

Failure to execute agreement

(14) If the parties or either of them fail to execute the document prepared by the arbitrator or the arbitration board within a period of five days from the day of its submission by the arbitrator or the board to them, the document shall come into effect as though it had been executed by the parties and the document thereupon constitutes a collective agreement under this Act.

Costs of arbitration

(15) The parties shall each pay one-half of the costs of the arbitration.

Enforcement of arbitration decisions

(16) Where a party or firefighter has failed to comply withany of the terms of the decision of an arbitrator or arbitration board, any party or firefighter affected by the decision may file in the Ontario Court (General Division) a copy of the decision, exclusive of the reasons therefor, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such.

Non-application

(17) The Arbitration Act, 1991 does not apply with respect to an arbitration under this section.

Operation of Collective Agreements

Collective agreement

55. (1) Every collective agreement must be set out in writing.

Binding effect

(2) A collective agreement is binding upon the employer, the bargaining agent and the members of the bargaining unit.

Commencement

(3) A collective agreement comes into effect according to its terms. If the agreement does not provide for its commencement date, it comes into effect at the beginning of the first fiscal period in respect of which the employer budgets for expenditures under the agreement.

Same

(4) Despite subsection (3), if a collective agreement provides that it comes into effect on a specified day and that day occurs before the beginning of the first fiscal period in respect of which the employer can budget for expenditures under the agreement, the agreement shall be deemed to provide that it comes into effect at the beginning of that first fiscal period.

Minimum term of collective agreements

56. (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.

Extension of term of collective agreement

(2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the trade union no longer representsthe firefighters in the bargaining unit and the continuation of the collective agreement may be terminated by either party upon 30 days notice to the other party.

Early termination of collective agreements

(3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties.

Revision by mutual consent

(4) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.

Arbitration of disputes

57. (1) A party to a collective agreement may require that a dispute concerning its interpretation, application or operation be referred to a single arbitrator for determination if the grievance process, if any, under the agreement has been exhausted.

Selection of arbitrator

(2) An arbitrator referred to in subsection (1) shall be selected in accordance with the regulations.

Commencement of proceedings

(3) The arbitrator shall begin the arbitration proceedings within 30 days after his or her appointment or within such longer period as the parties may agree upon or as the arbitrator may determine.

Time for decision

(4) An arbitrator shall give a decision within 30 days after hearings on the matter submitted to arbitration are concluded.

Same

(5) The time described in subsection (4) for giving a decision may be extended,

(a) with the consent of the parties to the arbitration; or

(b) in the discretion of the arbitrator so long as he or she states in the decision the reasons for extending the time.

Oral decision

(6) An arbitrator may give an oral decision and, if he or she does so, subsection (4) does not apply and the arbitrator,

(a) shall give the decision promptly after hearings on thematter are concluded;

(b) shall give a written decision, without reasons, promptly upon the request of either party; and

Orders re decisions

(7) If the arbitrator does not give a decision within the time described in subsection (4) or does not provide written reasons within the time described in subsection (6), the Minister may,

(a) make such orders as he or she considers necessary to ensure that the decision or reasons will be given without undue delay; and

(b) make such orders as he or she considers appropriate respecting the remuneration and expenses of the arbitrator.

Powers of arbitrators

(8) An arbitrator has power,

(a) to require any party to furnish particulars before or during a hearing;

(b) to require any party to produce documents or things that may be relevant to the matter and to do so before or during the hearing;

(d) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath in the same manner as a court of record in civil cases;

(e) to administer oaths and affirmations,

(f) to accept the oral or written evidence as the arbitrator in his or her discretion considers proper, whether admissible in a court of law or not;

(g) to enter any premises where work is being done or has been done by the firefighters or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to the arbitrator, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any suchthing or any of such differences;

(h) to authorize any person to do anything that the arbitrator may do under clause (g) and to report to the arbitrator thereon;

(i) to make interim orders concerning procedural matters;

(j) to interpret and apply human rights and other employmentrelated statutes, despite any conflict between those statutes and the terms of the collective agreement.

Restriction re interim orders

(9) An arbitrator shall not make an interim order under clause (8) (i) requiring an employer to reinstate a firefighter in employment.

Extension of time

(10) Except where a collective agreement states that this subsection does not apply, an arbitrator may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

Substitution of penalty

(11) Where an arbitrator determines that a firefighter has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subjectmatter of the arbitration, the arbitrator may substitute such other penalty for the discharge or discipline as to the arbitrator seems just and reasonable in all the circumstances.

Effect of arbitrator's decision

(12) The decision of an arbitrator is binding upon the parties and the firefighters who are covered by the agreement and affected by the decision.

Costs of arbitration

(13) The parties shall each pay one-half of the costs of the arbitration.

Non-application

(14) The Arbitration Act, 1991 does not apply with respect to an arbitration under this section.

Managers, etc.

58. (1) An employer may assign a person employed by it to a position which, in the opinion of the employer, involves theexercise of managerial functions or employment in a confidential capacity in matters relating to labour relations, but, subject to subsection (3), the assignment is not conclusive of the question of whether the person does exercise such functions or is employed in such capacity.

Board to decide status

(2) Subject to subsection (3), the Board has exclusive jurisdiction to determine any question as to whether a person exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations, and its decision is final and conclusive for all purposes.

Designation

(3) Subject to subsection (5), an employer may, in its sole discretion, designate a person described in subsection (1) as a person who shall for purposes of this Act be conclusively deemed to be exercising managerial functions or acting in a confidential capacity in matters relating to labour relations.

Revocation

(4) A designation under subsection (3) may be revoked by the employer at any time.

Restriction

(5) An employer shall not designate under subsection (3) more than,

(a) two persons, if the employer employs fewer than 25 persons;

(b) three persons, if the employer employs 25 or more but fewer than 150 persons;

(d) five persons, if the employer employs 300 or more persons.

Calculating number of persons employed

(6) For the purposes of subsection (5), the number of persons employed by the employer is the sum of,

(a) the number of persons employed by the employer who are firefighters; and

(b) the number of persons who are performing or conclusively deemed to be performing managerial functions with respect to firefighters or acting in a confidential capacity in matters relating to labour relations with respect to firefighters.

Enforcement of decisions

59. (1) If a person or trade union fails to comply with a decision of an arbitrator under section 57, the person or trade union affected by the decision may file a copy of the decision (excluding the reasons for the decision) with the Ontario Court (General Division).

Same

(2) The decision shall not be filed with the court until 30 days have elapsed after the date the decision was released or after the date specified in the decision for complying with it.

Effect of filing

(3) When it is filed with the court, the decision shall be entered in the same way as a judgment or order of the court and is enforceable as such.

Working conditions not to be altered

60. If notice has been given under section 50 by a trade union that is the bargaining agent for a unit of firefighters or an employer and no collective agreement is in operation,

(a) the employer shall not, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer, the trade union or the firefighters; and

(b) the trade union shall not, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the firefighters,

until the right of the trade union to represent the firefighters has been terminated.

Termination of Bargaining Rights

Effect of certification

61. (1) If the trade union that applies for certification under subsection 46 (4), (5) or (6) is certified as bargaining agent for the firefighters in the bargaining unit, the trade union that was or is a party to the collective agreement, as the case may be, forthwith ceases to represent the firefighters in the bargaining unit and the agreement ceases to operate in so far as it affects such firefighters.

Same

(2) If the trade union that applies for certification under subsection 46 (2) is certified as bargaining agent for the firefighters in the bargaining unit, the trade union that was previously certified forthwith ceases to represent thefirefighters in the bargaining unit.

Application for termination, no agreement

62. (1) If a trade union does not make a collective agreement with the employer within one year after its certification, any of the firefighters in the bargaining unit may, subject to section 66, apply to the Board for a declaration that the trade union no longer represents the firefighters in the bargaining unit.

Same, agreement

(2) If a trade union has made a collective agreement, any of the firefighters in the bargaining unit may, subject to section 66, apply to the Board for a declaration that the trade union no longer represents the firefighters in the bargaining unit,

(a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last two months of its operation;

(b) in the case of a collective agreement for a term of more than three years, only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the twomonth period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be;

(c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation, as the case may be.

Notice to employer, trade union

(3) The applicant shall deliver a copy of the application to the employer and the trade union by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.

Evidence

(4) The application filed with the Board shall be accompanied by a list of the names of the firefighters in the bargaining unit who have expressed a wish not to be represented by the trade union and evidence of the wishes of those firefighters, but the applicant shall not give this information to the employer ortrade union.

Direction re representation vote

(5) If the Board determines that 40 per cent or more of the firefighters in the bargaining unit appear to have expressed a wish not to be represented by the trade union at the time the application was filed, the Board shall direct that a representation vote be taken among the firefighters in the bargaining unit.

Same

(6) The number of firefighters in the bargaining unit who appear to have expressed a wish not to be represented by the trade union shall be determined with reference only to the information provided in the application and the accompanying information provided under subsection (4).

Same

(7) The Board may consider such information as it considers appropriate to determine the number of firefighters in the bargaining unit.

No hearing

(8) The Board shall not hold a hearing when making a decision under subsection (5).

Timing of vote

(9) Unless the Board directs otherwise, the representation vote shall be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the application is filed with the Board.

Conduct of vote

(10) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.

Sealing of ballot box, etc.

(11) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.

Subsequent hearing

(12) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application.

Exception

(13) When disposing of an application, the Board shall not consider any challenge to the information provided under subsection (4).

Declaration of termination following vote

(14) If on the taking of the representation vote more than 50 per cent of the ballots cast are cast in opposition to the trade union, the Board shall declare that the trade union that was certified or that was or is a party to the collective agreement, as the case may be, no longer represents the firefighters in the bargaining unit.

Dismissal of application

(15) The Board shall dismiss the application unless more than 50 per cent of the ballots cast in the representation vote by the firefighters in the bargaining unit are cast in opposition to the trade union.

Same, employer misconduct

(16) Despite subsections (5) and (14), the Board may dismiss the application if the Board is satisfied that the employer or a person acting on behalf of the employer initiated the application or engaged in threats, coercion or intimidation in connection with the application.

Declaration of termination of abandonment

(17) Upon an application under subsection (1) or (2), where the trade union concerned informs the Board that it does not desire to continue to represent the firefighters in the bargaining unit, the Board may declare that the trade union no longer represents the firefighters in the bargaining unit.

Declaration to terminate agreement

(18) Upon the Board making a declaration under subsection (14) or (17), any collective agreement in operation between the trade union and the employer that is binding upon the firefighters in the bargaining unit ceases to operate forthwith.

Where certificate obtained by fraud

63. (1) If a trade union has obtained a certificate by fraud, the Board may at any time declare that the trade union no longer represents the firefighters in the bargaining unit and, upon the making of such a declaration, the trade union is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement binding upon the firefighters in the bargaining unit, the collective agreement is void.

Nonapplication

(2) Subsection 47 (9) does not apply with respect to an application for a declaration under subsection (1).

Decertification obtained by fraud

(3) If an applicant has obtained a declaration under section 62 by fraud, the Board may at any time rescind the declaration. If the declaration is rescinded, the trade union is restored as the bargaining agent for the firefighters in the bargaining unitand any collective agreement that, but for the declaration, would have applied with respect to the firefighters becomes binding as if the declaration had not been made.

Nonapplication

(4) Subsection 62 (13) does not apply with respect to an application for the rescission under subsection (3) of a declaration.

Termination for failure to give notice

64. (1) If a trade union fails to give the employer notice under subsection 50 (1) within 60 days following certification or if it fails to give notice under subsection 50 (2) and no such notice is given by the employer, the Board may, upon the application of the employer or of any of the firefighters in the bargaining unit, and with or without a representation vote, declare that the trade union no longer represents the firefighters in the bargaining unit.

Same, for failure to bargain

(2) Where a trade union that has given notice under section 50 or that has received notice under section 50 fails to commence to bargain within 15 days from the giving of the notice or, after having commenced to bargain but before the Minister has appointed a conciliation officer, allows a period of 15 days to elapse during which it has not sought to bargain, the Board may, upon the application of the employer or of any of the firefighters in the bargaining unit and with or without a representation vote, declare that the trade union no longer represents the firefighters in the bargaining unit.

Termination of bargaining rights after voluntary recognition

65. (1) Where an employer and a trade union that has not been certified as the bargaining agent for a bargaining unit of firefighters of the employer enter into a collective agreement, or a recognition agreement, the Board may, upon the application of any firefighter in the bargaining unit or of a trade union representing any firefighter in the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the trade union was not, at the time the agreement was entered into, entitled to represent the firefighters in the bargaining unit.

Powers of Board before disposing of application

(2) Before disposing of an application under subsection (1), the Board may make such inquiry, require the production of such evidence and the doing of such things, or hold such representation votes, as it considers appropriate.

Onus

(3) On an application under subsection (1), the onus of establishing that the trade union was entitled to represent the firefighters in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement.

Declaration to terminate agreement

(4) Upon the Board making a declaration under subsection (1), the trade union forthwith ceases to represent the firefighters in the bargaining unit and any collective agreement in operation between the trade union and the employer ceases to operate forthwith in respect of the firefighters affected by the application.

Timeliness of Representation Applications

Application for certification or termination after conciliation

66. (1) Where a trade union has not made a collective agreement within one year after its certification and the Minister has appointed a conciliation officer under this Act, no application for certification of a bargaining agent of the firefighters in the bargaining unit or for a declaration that a trade union no longer represents the firefighters in the bargaining unit shall be made until 30 days have elapsed after the Minister has informed the parties of the conciliation officer's report.

Same

(2) Where a collective agreement has been in place, notice has been given under subsection 50 (2) and the Minister has appointed a conciliation officer, no application for certification of a bargaining agent of the firefighters in the bargaining unit and no application for a declaration that the trade union that was a party to the collective agreement no longer represents the firefighters in the bargaining unit shall be made after the date when the agreement ceased to operate or the date when the Minister appointed a conciliation officer, whichever is later, unless following the appointment of a conciliation officer, if no collective agreement has been made, at least 12 months have elapsed from the date of the appointment of the conciliation officer.

Application of ss.(1)

(3) Subsection (1) applies with necessary modifications to an application made under subsection 46 (3).

regulations

Regulations

67. (1) The Minister may make regulations governing the appointment of conciliation officers under section 53, of members of an arbitration board under section 54, or of an arbitratorunder section 54 or 57.

Appointment of arbitrator, etc.

(2) A regulation made under subsection (1) may provide that a member of the Ontario Labour Relations Board be appointed as an arbitrator or as a member of an arbitration board and may provide that the appointment be made by the Minister or in any other manner specified in the regulation.

PART X

FIRE SAFETY COMMISSION

Fire Safety Commission

68. (1) The Fire Code Commission is continued under the name The Fire Safety Commission in English and Commission de la sécurité-incendie in French and is composed of such number of members as is determined by the Lieutenant Governor in Council.

Appointment of members

(2) The Lieutenant Governor in Council shall appoint the members to the Commission, none of whom shall be persons in the public service of Ontario or of a municipality, and may designate one of the members as chair and one or more of the members as vice-chair.

Remuneration

(3) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.

Quorum

(4) Three members of the Commission constitute a quorum.

PART XI

FIRE MARSHAL'S PUBLIC FIRE SAFETY COUNCIL

Definition

69. In this Part,

"Council" means the Fire Marshal's Public Fire Safety Council. ("Conseil")

Council established

70. (1) A corporation without share capital is hereby constituted to be known in English as the Fire Marshal's Public Fire Safety Council and in French as Conseil public du commissaire des incendies sur la sécurité-incendie.

Membership

(2) The Council shall consist of its board of directors and such other persons who are appointed as members of the Council by the Fire Marshal.

Non-application of corporate Acts

(3) The Corporations Act and Corporations Information Act do not apply to the Council.

Conflict of interest

(4) Section 132 of the Business Corporations Act applies to the Council and to its directors and officers.

Objects

71. The objects of the Council are,

(a) to promote fire safety throughout the province;

(b) to produce and distribute materials for public education with respect to fire safety;

(d) to facilitate and co-ordinate the public exchange of information and ideas on matters of fire safety;

(e) to solicit, receive, manage and distribute money and other property to support the objects described in clauses (a), (b), (c) and (d);

(f) to enter into partnerships and agreements with persons or organizations in the private sector or with public bodies or organizations to further the objects described in clauses (a), (b), (c), (d) and (e); and

(g) to advise the Fire Marshal on matters of fire safety.

Board

72. (1) The affairs of the Council shall be managed by its board of directors.

Composition

(2) The board shall be composed of the Fire Marshal, or if he or she is absent or unable to act, the Deputy Fire Marshal, and at least six directors appointed from among the members by the Minister on the recommendation of the Fire Marshal.

Term of office

(3) A director is appointed for a term not exceeding three years, and may be reappointed for successive terms not exceeding three years each.

Chair

(4) The Fire Marshal, or if he or she is absent or unable to act, the Deputy Fire Marshal, is chair of the board.

Vice-chairs

(5) The Fire Marshal shall designate one or more other directors to be vice-chairs.

Same

(6) If the Fire Marshal or Deputy Fire Marshal is absent from a meeting of the board or is unable to act, a vice-chair shall act as and have all the powers of the chair.

Quorum

(7) A majority of the directors constitutes a quorum.

Vacancies

(8) If a director's position becomes vacant, the Minister may appoint another person to the board for the remainder of his or her term.

Remuneration

(9) The appointed directors shall receive such remuneration and reimbursement for reasonable expenses as may be determined by the Council.

Powers of Council

73. (1) The Council has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act, for the purpose of carrying out its objects.

Same

(2) Without limiting the generality of subsection (1), the board of directors of the Council may,

(a) enter into agreements with any organization with objects similar to or consistent with those of the Council;

(b) authorize any person or organization to use the Council's logo to indicate the Council's endorsement of a product, service, training course, education course or activity;

(d) solicit, receive, manage, invest, transfer, use and distribute money and other property to support the objects of the Council.

Logo

(3) The board of directors shall by by-law adopt a logo for the Council.

Borrowing powers

74. (1) The board of directors of the Council may borrow money on the credit of the Council for the purposes of the Council and may use any money or property of the Council as security for such borrowing.

Limitation on borrowing powers

(2) The amount that may be borrowed under subsection (1), together with the total of any previous borrowing that remains unpaid, shall not exceed $50,000 at any one time without the approval of the Minister, but no lender shall be required to inquire into the board's compliance with this section and all loans to the Council shall be deemed to have been lawfully made under the authority of this section despite any non-compliance of the board.

By-laws

75. The board of directors of the Council may pass by-laws,

(a) regulating its proceedings;

(b) establishing the fiscal year for the Council;

(d) establishing an executive committee and other committees and delegating powers of the board to such committees;

(e) providing for membership in the Council, establishing classes of membership and prescribing the qualifications, conditions and rights of membership, the fees, if any, to be paid for membership and providing for and regulating members' meetings;

(f) generally for the management of the Council.

Council's property to be dedicated to objects

76. (1) All the property of the Council and all its income, revenue and profits shall be devoted and applied solely to carrying out the objects of the Council.

Investment

(2) Any funds of the Council that are not immediately required for promoting and carrying out its objects, and the proceeds of any property of the Council, subject to any trust affecting them, not immediately required for such purpose, may be invested and reinvested as the board of directors considers proper.

Money vests in Council

(3) All amounts in the Consolidated Revenue Fund credited,immediately before this section comes into force, to an advisory committee that was established under the Fire Marshals Act, being chapter F.17 of the Revised Statutes of Ontario, 1990, are hereby vested in the Council.

Employees

77. (1) The board of directors of the Council may employ or contract for the services of such persons, including any persons who are appointed directors, as it considers necessary for the functioning of the Council.

Not Crown employees

(2) Persons employed or whose services are contracted under subsection (1) shall be deemed not to be employed by the Crown and are not Crown employees within the meaning of the Public Service Act.

Ministry support

78. The Office of the Fire Marshal may, on request, provide administrative, technical or expert advice or assistance to the Council.

Protection from personal liability

79. (1) No action or other proceeding for damages may be instituted against a director or a member of the Council or any employee of the Council for any act done in good faith in the execution or intended execution of the person's duty or for any alleged neglect or default in the execution in good faith of the person's duty.

Same

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject.

Indemnification for legal costs

(3) With the approval of the Minister, a person described in subsection (1) or a former director, member or employee of the Council shall be indemnified by the Crown in right of Ontario for his or her reasonable legal costs in respect of any proceeding in which the person's execution in good faith of his or her duties is in issue, if the person acted in good faith.

Auditors

80. The board of directors of the Council shall appoint one or more auditors licensed under the Public Accountancy Act to audit the accounts and transactions of the Council for each fiscal year.

Annual and other reports

81. The board of directors of the Council shall submit an annual report to the Minister on the affairs and transactions of the Council in the preceding fiscal year and shall submit such other reports as the Minister may request.

Winding-up

82. Upon the winding-up or dissolution of the Council, all its assets, after discharging all outstanding liabilities, shall vest in the Crown.

Review

83. The Minister shall, five years after this Part comes into force, undertake a review of the activities of the Council and submit to the Lieutenant Governor in Council a report that recommends the continuation, amendment or repeal of this Part.

PART XII

MISCELLANEOUS

Protection from personal liability

84. (1) No action or other proceeding for damages shall be instituted against a firefighter, a fire co-ordinator, a community fire safety officer, a member or employee of the Fire Safety Commission, an assistant to the Fire Marshal, the Deputy Fire Marshal, the Fire Marshal, or a person acting under his or her authority, for any act done in good faith in the execution or intended execution of his or her power or duty or for any alleged neglect or default in the execution in good faith of his or her power or duty.

Crown, municipality not relieved of liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown or a municipal corporation of liability in respect of a tort committed by a person referred to in subsection (1) to which they would otherwise be subject.

Indemnification

85. (1) A firefighter, a fire co-ordinator, a community fire safety officer, a member or employee of the Fire Safety Commission, an assistant to the Fire Marshal, the Deputy Fire Marshal, the Fire Marshal or a person acting under his or her authority shall be indemnified for reasonable legal costs incurred,

(a) in the defence of a civil action, if the person is not found to be liable;

(b) in the defence of a criminal prosecution, if the person is found not guilty;

(c) in respect of any other proceeding in which the person's execution of his or her duties is an issue, if the person acted in good faith.

Same

(2) Indemnification under subsection (1) shall be made by,

(a) in the case of a firefighter, community fire safety officer or assistant to the Fire Marshal who is employed by a municipality, the municipal corporation;

(b) in the case of a firefighter, community fire safety officer or assistant to the Fire Marshal who is working under an agreement with the Crown or in the case of a fire co-ordinator, a member or employee of the Fire Safety Commission, the Deputy Fire Marshal, the Fire Marshal or a person acting under his or her authority, the Crown.

Effect of collective agreement

(3) A collective agreement made under Part IX or a decision under section 57 may provide for indemnification of the legal costs of firefighters, except the legal costs of a firefighter who is found guilty of a criminal offence, and if such an agreement exists, the municipal corporation shall indemnify the firefighters in accordance with the agreement and subsections (1) and (2) shall not apply.

No action for damages from accidental fire

86. No action shall be brought against any person in whose house or building or on whose land any fire accidentally begins, nor shall any recompense be made by that person for any damage suffered thereby; but no agreement between a landlord and tenant is defeated or made void by this Act.

Manner of service

87. (1) Where a copy of an order or notice is required to be given to, or served on, a person under this Act, the copy may be served personally, by regular letter mail, by electronic transmission, by telephone transmission of a facsimile or by some other method that allows proof of receipt.

Deemed receipt

(2) Service by regular letter mail under subsection (1) shall be deemed to be received by the person on the fifth day after mailing unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control receive a copy until a later date than the deemed date of receipt.

Same

(3) Service by electronic transmission or by telephone transmission of a facsimile under subsection (1) shall be deemed to be received the day after it is sent or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday, unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person's control receive a copy until a later date than the deemed date of receipt.

Regulations

88. (1) The Minister may make regulations,

(a) respecting the operation and administration of fire departments and community fire safety teams established or appointed by agreement with the Fire Marshal and respecting the functions of community fire safety officers appointed by agreement with the Fire Marshal;

(b) prescribing powers and duties that a fire chief may delegate in addition to those mentioned in subsection 6 (6);

(c) prescribing limitations, restrictions, or conditions that apply to a delegation of powers or duties of a fire chief under subsection 6 (6), including restricting the type of power or duty that may be delegated or the class of person to whom the power or duty may be delegated;

(d) respecting the records and returns to be used, kept and made by fire chiefs in respect of their inspections of any class of premises or premises used for any specified purpose;

(e) requiring any person to furnish such statistical and other information to the Fire Marshal as he or she considers necessary;

(f) requiring the following persons or entities to report to the Fire Marshal the particulars of any insurance loss or claim,

(i) a fire insurance company authorized to transact business in Ontario,

(ii) a person adjusting a claim against a fire insurance company, whether the insurance company is licensed to transact business in Ontario or not and whether the adjuster represents the company or the claimant, or

(iii) a person sustaining or claiming to have sustained a loss by fire on property in Ontario insured wholly or partially by an insurance company that is not licensed or registered under the Insurance Act;

(g) defining "regularly employed" for the purposes of the definition of "firefighter" in subsection 41 (1) and "activity allowance" for the purposes of the definition of "volunteer firefighter" in subsection 1 (1);

(h) authorizing the Fire Marshal's Public Fire Safety Council to collect personal information within the meaning of section 38 of the Freedom of Information and Protection of Privacy Act in a manner other than directly from the individual to whom the information relates, and regulating the manner in which the information is collected;

(i) respecting standards for fire protection devices, equipment and systems;

(j) providing for licensing and regulating the manufacture, sale, installation, servicing, maintenance, testing and repairing of fire protection devices, equipment and systems;

(k) respecting practices and standards for fire protection services and certification and training of firefighters;

(l) prescribing fees and allowances for services and training provided by or on behalf of the Province or municipalities and respecting the person or body to whom the fees or allowances shall be paid;

(m) governing the inspection of hotels;

(n) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Same

(2) A regulation made under this section may be general or specific in its application.

PART XIII

CONSEQUENTIAL AMENDMENTS, REPEALS,

COMMENCEMENT AND SHORT TITLE

Employment Standards Act

89. Clause (c) of the definition of "trade union" in section 1 of the Employment Standards Act is repealed and the followingsubstituted:

Highway Traffic Act

90. Subsection 62 (16) of the Highway Traffic Act, as re-enacted by section 1 of chapter 35 of the Statutes of Ontario, 1994, is repealed and the following substituted:

Vehicles of firefighters

(16) A firefighter, within the meaning of subsection 1 (1) of the Fire Protection and Prevention Act, 1996, may carry on or in his or her vehicle a lamp that produces intermittent flashes of green light and may operate the light if the motor vehicle is proceeding to a fire or other emergency.

Juries Act

91. Paragraph 6 of subsection 3 (1) of the Juries Act is amended by adding "firefighters who are regularly employed by a fire department for the purposes of subsection 41 (1) of the Fire Protection and Prevention Act, 1996" after "police officers" in the seventh and eighth lines.

Labour Relations Act, 1995

92. Clause 3 (e) of the Labour Relations Act, 1995 is repealed and the following substituted:

(e) a firefighter regularly employed in a fire department for the purposes of subsection 41 (1) of the Fire Protection and Prevention Act, 1996.

Occupational Health and Safety Act

93. Clause 43 (2) (b) of the Occupational Health and Safety Act is repealed and the following substituted:

(b) a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1996

Repeal

94. The Accidental Fires Act is repealed.

Same

95. The Egress from Public Buildings Act is repealed.

Same

96. The Fire Accidents Act is repealed.

Same

97. (1) The Fire Departments Act is repealed.

Same

(2) Section 1 to Schedule Q of the Savings and Restructuring Act, 1996 is repealed.

Same

98. The Firefighters Exemption Act is repealed.

Same

99. The Firefighters Protection Act, 1993 is repealed.

Same

100. (1) The Fire Marshals Act is repealed.

Same

(2) The Fire Marshals Amendment Act, 1991 is repealed.

Same

101. The Hotel Fire Safety Act is repealed.

Same

102. The Lightning Rods Act is repealed.

Commencement

103. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

104. The short title of this Act is the Fire Protection and Prevention Act, 1996.