Bill 44 2005

An Act to amend the
Fire Protection and
Prevention Act, 1997 in order to
protect the employment of
volunteer firefighters

Note: This Act amends the Fire Protection and Prevention Act, 1997. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

1.  The Fire Protection and Prevention Act, 1997 is amended by adding the following section:

Employment protection for volunteer firefighters

56.1  (1)  Despite any other provision of this Act or any collective agreement, no association of firefighters shall, directly or indirectly, require an employer to take any of the following steps for any of the reasons set out in subsection (3):

1. Refuse to employ a person as a firefighter.

2. Terminate a person's employment as a firefighter.

3. Refuse to assign a person to fire protection services under this Part.

Representation

(2)  No association of firefighters shall, in the representation of a person who is a firefighter, act in bad faith or act in a manner that is arbitrary or discriminatory for any of the reasons set out in subsection (3).

Reasons

(3)  The reasons referred to in subsections (1) and (2) are:

1. The person has been denied membership in an association of firefighters because the person has worked, is working or intends to work as a volunteer firefighter.

2. The person has been suspended or expelled or otherwise disciplined or penalized by an association of firefighters because the person has worked, is working or intends to work as a volunteer firefighter.

3. The person has engaged in reasonable dissent within an association of firefighters with respect to the person's work or intended work as a volunteer firefighter.

Complaint

(4)  A person who believes that subsection (1) or (2) has been contravened may complain to the Board, and in that case the Labour Relations Act, 1995 applies, with necessary modifications.

Commencement

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

Short title

3.  The short title of this Act is the Volunteer Firefighters Employment Protection Act, 2005.

EXPLANATORY NOTE

The Bill amends the Fire Protection and Prevention Act, 1997 with respect to salaried firefighters who also work as volunteer firefighters. If a person is denied membership in an association of firefighters, is expelled or disciplined by the association or engages in reasonable dissent within the association in connection with this kind of dual employment, the association is not permitted to require the employer to refuse to employ the person as a salaried firefighter, terminate the person's employment as a salaried firefighter or refuse to assign the person to fire protection services. The person is also entitled to fair representation by the association. A person who believes that any of these rights has been contravened may file a complaint with the Ontario Labour Relations Board.