Fire Protection and Prevention Act, 1997

PART I 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 to provide fire protection services by a municipality, group of municipalities or by an agreement made under section 3; (“service d’incendie”) “firefighter” means a fire chief and any other person employed in, or appoi…

PART II RESPONSIBILITY FOR FIRE PROTECTION SERVICES

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 …

3 (1) The Fire Marshal, a services board established to provide services in territory without municipal organization or a prescribed person or organization may enter into agreements to provide fire 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. 1997, c. 4, s. 3.

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, a services board or a prescribed person or organization to provide services 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. 1997, c. 4, s. 4.

5 (0.1) The council of a municipality may establish, maintain and operate a fire department for all or any part of the municipality. 2001, c. 25, s. 475 (2). Fire departments (1) 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. 1997, c. 4, s. 5 (1). Same (2) Subject to subsection (3), the council of a municipality may establish more than one fire department for the municipality. 1997, c. 4, s. 5 (2). Exception (3) The council of a municipality may not establish more than one fire department if, for a period of at least 12 months before the day this Act comes into force, fire protection services in the municipality were provided by a fire department composed exclusively of full-time firefighters. 1997, c. 4, s. 5 (3). Same (4) The councils of t…

6 (1) If a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department. Same (2) The council of a municipality or the councils of two or more municipalities may appoint one fire chief for two or more 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 without municipal 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 assign…

7 (1) The Fire Marshal may appoint fire co-ordinators for such areas as may be designated in the appointment. 1997, c. 4, s. 7 (1). Duties (2) A fire co-ordinator shall, subject to the instructions 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. 1997, c. 4, s. 7 (2); 2002, c. 18, Sched. N, s. 1. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 1 - 26/11/2002

7.1 (1) A council of a municipality may pass by-laws, (a) regulating fire prevention, including the prevention of the spreading of fires; (b) regulating the setting of open air fires, including establishing the times during which open air fires may be set; (c) designating private roads as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked or left along any of the fire routes at the expense of the owner of the vehicle. 2001, c. 25, s. 475 (3). Definition (2) For the purpose of clause (1) (c), “private road” means any private road, lane, ramp or other means of vehicular access to or from a building or structure and may include part of a parking lot. 2001, c. 25, s. 475 (3). Scope (3) A by-law under this section may deal with different areas of the municipality differently. 2001, c. 25, s. 475 (3). Officer (4)…

PART III FIRE MARSHAL

8 (1) The Lieutenant Governor in Council shall appoint a Fire Marshal and one or more Deputy Fire Marshals. 2023, c. 12, Sched. 4, s. 1. Deputy Fire Marshals (2) A Deputy Fire Marshal shall act in the place of the Fire Marshal if the Fire Marshal is absent or unable to act and, when so acting, may exercise all the powers and shall perform all the duties of the Fire Marshal. 2023, c. 12, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 1 - 08/06/2023

9 (1) The Fire Marshal has the power, (a) to monitor, review and advise municipalities respecting the 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; (c) to advise and assist ministries and agencies of government respecting fire protection services and related matters; (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 …

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. 1997, c. 4, s. 10.

11 (1) The following persons are assistants to the Fire Marshal and shall follow the Fire Marshal’s directives 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; (c) any member of a fire prevention bureau established by a municipality; and (d) every person designated by the Fire Marshal as an assistant to the Fire Marshal. 1997, c. 4, s. 11 (1); 2002, c. 18, Sched. N, s. 2 (1). 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. 1997, c. 4, s. 11 (2). 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. 1997, c. 4, s. 11 (3). Workers’ compensation not affected (4) T…

PART IV 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 standards for equipment, systems, buildings, structures, land and premises, as those standards relate to fire safety or the risk created by the presence of unsafe levels of carbon monoxide. 2013, c. 14, s. 3. Same (1.1) A regulation made under this section may, (a) prescribe any method, matter or thing relating to fire protection; (b) prescribe any method, matter or thing relating to protection against the presence of unsafe levels of carbon monoxide; (c) govern 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; (d) govern standards for reducing the risk of, or consequences of, the presen…

PART V RIGHTS OF ENTRY IN EMERGENCIES AND FIRE INVESTIGATIONS

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 or is occurring, 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. 1997, c. 4, s. 13 (1); 2001, c. 25, s. 475 (4). Prevention of fire spreading (1.1) A firefighter or such other person as may be authorized by the fire chief may, without a warrant, enter on lands or premises on which a fire is occurring, or that are adjacent to those lands or premises, for the purposes …

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; (c) make such excavations on the l…

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; (c) remove combustible or explosive material or anything that may constitute a fire menace; (c.1) dispose of any material or thing that was removed under clause (c), in accordance with any directives issued by the Fire Marshal; (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 req…

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. 1997, c. 4, s. 16.

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. 1997, c. 4, s. 17.

PART VI INSPECTIONS

18 For the purposes of this Part, fire safety includes the following: 1. 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. 2. Safety from the risk that the presence of unsafe levels of carbon monoxide on premises would seriously endanger the health and safety of any person. 2013, c. 14, s. 4. Section Amendments with date in force (d/m/y) 2013, c. 14, s. 4 - 15/10/2014

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 at all reasonable times. Assistance (4) 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 (5) 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 (6) An inspector conducting an inspection may, (a) examine a document or other thing that is relevant to the inspection; (b) demand the pro…

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 in subsection 19 (6) 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,…

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; (c) to remove combustible or explosive material or any thing that may constitute a fire hazard; (d) to install and use specified equipment or devices as may be necessary to contain hazardous material on the land or premises and, in the event of a fire, to remove or transport the material; (e) to discontinue the manufacturing, production or fabrication of any material, device or other thing that creates or poses an undue risk o…

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 in…

23 An order made under subsection 21 (1) or (2) shall set out, (a) the reasons for the order; (b) an explanation of the action required by the order; (c) the time within which the owner or occupant must comply with the order; and (d) the right to request a review of the order by the Fire Marshal under section 25 or, in the case of an order made by the Fire Marshal, the right of appeal to the Fire Safety Commission under section 26. 1997, c. 4, s. 23.

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. 1997, c. 4, s. 24.

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) or (2) may, within 15 days after the order is served, submit a written request to the Fire Marshal for a review of the order. 1997, c. 4, s. 25 (1). 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. 1997, c. 4, s. 25 (2); 2002, c. 18, Sched. N, s. 4 (1). 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)…

26 (1) Any person who considers himself or herself aggrieved by an order made by the Fire Marshal under subsection 21 (1) or (2) or section 25 may appeal the order to the Fire Safety Commission. 1997, c. 4, s. 26 (1). 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. 1997, c. 4, s. 26 (2). 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. 1997, c. 4, s. 26 (3); 2002, c. 18, Sched. N, s. 5 (1). Same (4) An application for an extension of tim…

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. 1997, c. 4, s. 27.

PART VII OFFENCES AND ENFORCEMENT

27.1 For the purposes of section 28 or 29, an offence for a contravention of this Act or the regulations is a subsequent offence if there has been a previous conviction for a contravention of this Act or the regulations, as the case may be, regardless of whether the offence that resulted in the previous conviction is based on a contravention of the same provision as the one on whose contravention the subsequent offence is based. 2019, c. 7, Sched. 29, s. 1. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 29, s. 1 - 28/06/2019

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; (c) subject to subsection (2) contravenes any provisions of this Act or the regulations; or (d) refuses or neglects to obey or carry out the directives of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act. 1997, c. 4, s. 28 (1); 2002, c. 18, Sched. N, s. 6. Same (2) A person who contravenes a provision in Part IX of th…

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 (4) 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 $50,000 for a first offence and not more than $100,000 for a subsequent offence or to imprisonment for a term of not more than one year, or to both. 2005, c. 33, s. 9; 2019, c. 7, Sched. 29, s. 3. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 9 - 15/12/2005 2019, c. 7, Sched. 29, s. 3 - 28/06/2019

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 $20,000 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. 2005, c. 33, s. 10. Section Amendments with date in force (d/m/y) 2005, c. 33, s. 10 - 15/12/2005

30.1 No prosecution of an offence under this Act shall be commenced more than one year after the facts on which the prosecution is based first came to the knowledge of, (a) a firefighter who is employed in, or appointed to, the fire department of a municipality where the offence occurred or is alleged to have occurred; or (b) an assistant to the Fire Marshal who is responsible for the area where the offence occurred or is alleged to have occurred. 2019, c. 7, Sched. 29, s. 4. Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 29, s. 4 - 28/06/2019 Administrative penalties

30.2 (1) The purpose of an administrative penalty imposed under this section is to promote compliance with the requirements established by this Act and the regulations. 2024, c. 2, Sched. 10, s. 1. Order imposing administrative penalties (2) If a prescribed authorized person is satisfied that a person is contravening or not complying with a prescribed provision of this Act or the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2024, c. 2, Sched. 10, s. 1. Content of order (3) The order imposing an administrative penalty shall be in writing and shall include the following information: 1. The particulars of the contravention of this Act or the regulations. 2. The date and time by which payment of the administrative penalty must be made. 3. The amount payable and how payment of t…

31 (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may apply to the Ontario Court of Justice 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. 1997, c. 4, s. 31 (1); 2002, c. 18, Sched. N, s. 7 (1). No notice required (2) An application under subsection (1) may be made without notice to the person referred to in clause (1) (a) or (b). 1997, c. 4, s. 31 (2). Order (3) Upon an application under subsection (1), a judge may, if i…

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 Superior Court of Justice 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. 1997, c. 4, s. 32 (1); 2002, c. 18, Sched. N, s. 8. 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. 1997, c. 4, s. 32 (2). Appeal (3) An appeal lies to the Divisional Court from the judge’s order. 1997, c. 4, s. 32 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 8 - 26/11/2002

33 (1) If an order made under subsection 21 (1) or (2) or section 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. 1997, c. 4, s. 33 (1). Hearing (2) Upon receiving an application under subsection (1), the Fire Safety Commission shall appoint a time for and hold a hearing. 1997, c. 4, s. 33 (2). 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. 1997, c. 4, s. 33 (3). 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 subsection 21 (1) or (2) or section 25 or 26 if, (a) the person required by t…

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 …

PART VIII RECOVERY OF COSTS

35 (1) The Fire Marshal, a fire chief or an assistant to the Fire Marshal may issue, (a) an order, to any person required by an order made under subsection 21 (1) or (2) or section 25 or 26 to do any thing, to pay the costs incurred by the Province of Ontario or a municipality in doing the thing in accordance with an authorization given under section 33; (b) an order, to the owner or the person having control of land or premises, to pay the costs incurred by the Province of Ontario or a municipality in entering the land or premises and doing any thing under section 15; or (c) an order, to the owner or occupant of land or premises, to pay the costs incurred by the Province of Ontario or a municipality in doing any thing to cause the land or premises to be closed immediately under clause 21 (2) (b). 2019, c. 7, Sched. 29, s. 5. Idem (2) An order under subsection (1) to pay costs shall incl…

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. 1997, c. 4, s. 36 (1). 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. 1997, c. 4, s. 36 (2). 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…

37 (1) An order to pay costs may be filed with the Superior Court of Justice and enforced as if it were an order of the court. 1997, c. 4, s. 37 (1); 2002, c. 18, Sched. N, s. 11. 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. 1997, c. 4, s. 37 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 11 - 26/11/2002

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 (3) 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, i.1 expenses incurred in doing anything to cause land or premises to be closed immediately under clause 21 (2) (b), or ii. expenses incurred in doing a thing under section 15 …

39 (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may give written notice to the Minister of Finance of the amount of any of the following expenses incurred by the Province of Ontario that relate to things done in connection with the land and premises in territory without municipal organization, requesting the collection of the amount under the Provincial Land Tax Act, 2006: 1. Expenses incurred in carrying out an order made under subsection 31 (3) 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, i.1 expenses incurred in doing anything to cause land or premises to be closed immediately u…

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 38 (1), whether or not the thing was done on the land or premises. 1997, c. 4, s. 40.

PART IX FIREFIGHTERS: EMPLOYMENT AND LABOUR RELATIONS

Definitions

41 (1) In this Part, “association” means an association of firefighters that is entitled under section 46 to represent and act as the bargaining agent for firefighters in a bargaining unit for the purposes of collective bargaining under this Part; (“association syndicale”) “Board” means the Ontario Labour Relations Board; (“Commission”) “collective agreement” means an agreement in writing between an employer and a bargaining agent that represents firefighters employed by the employer containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the bargaining agent or the firefighters; (“convention collective”) “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 servi…

working conditions

42 (1) No firefighter shall strike and no employer of firefighters shall lock them out. Definitions (2) In this section, “lock-out” and “strike” have the same meaning as in the Labour Relations Act, 1995. 1997, c. 4, s. 42.

43 (1) In every municipality having a population of not less than 10,000, the firefighters assigned to firefighting duties shall work according to, (a) the two-platoon system where the firefighters are divided into two platoons, the hours of work of which shall be, (i) for each platoon 24 consecutive hours on duty followed immediately by 24 consecutive hours off duty, or (ii) for one platoon in day-time ten consecutive hours on duty followed immediately by 14 consecutive hours off duty and for the other platoon in night-time 14 consecutive hours on duty followed immediately by 10 consecutive hours off duty, and the platoons shall alternate at least every two weeks from night work to day work and vice versa; (b) the three-platoon system where the firefighters are divided into three platoons, the hours of work of which shall be eight consecutive hours on duty followed immediately by 16 con…

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. Decision (5) A person conducting a review of a termination under this section may uphol…

Establishment of Bargaining Rights by Certification

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). 1997, c. 4, s. 45.

46 (1) The majority of firefighters in a bargaining unit may request an association of firefighters to represent them and act as their bargaining agent for purposes of collective bargaining under this Part. Transition (2) An association of firefighters that, immediately before the day this Part comes into force, was a party to, or bound by, an agreement made under section 5 of the Fire Departments Act or was bound by the decision or award of a board of arbitration under section 6 of that Act shall, on and after the day this Part comes into force and until such time as a new bargaining agent is requested under subsection (1), be deemed to be the bargaining agent for the firefighters in the bargaining unit. 1997, c. 4, s. 46.

Unfair Labour Practices

46.1 (1) An association shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the firefighters in the bargaining unit it represents, whether or not they are members of the association. 2015, c. 34, Sched. 1, s. 3. Transition (2) This section does not apply in respect of any conduct or events that occurred before December 1, 2011. 2011, c. 13, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1 - 01/12/2011 2015, c. 34, Sched. 1, s. 3 - 10/12/2015

46.2 No employer or employers’ organization and no person acting on behalf of an employer or an employers’ organization shall participate in or interfere with the formation, selection or administration of an association or the representation of firefighters by an association or contribute financial or other support to an association, but nothing in this section shall be deemed to deprive an employer of the employer’s freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1 - 01/12/2011 2015, c. 34, Sched. 1, s. 4 - 10/12/2015

46.3 No association and no person acting on behalf of an association shall participate in or interfere with the formation or administration of an employers’ organization or contribute financial or other support to an employers’ organization. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1 - 01/12/2011 2015, c. 34, Sched. 1, s. 4 - 10/12/2015

46.4 No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization, (a) shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of an association or was or is exercising any other rights under this Part; (b) shall impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain a firefighter or a person seeking employment from becoming a member of a trade union or exercising any other rights under this Part; (c) shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by any other means to compel a firefighter to become or refrain from becoming or to continue to be …

46.5 (1) No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization shall, so long as an association represents the firefighters in a bargaining unit, bargain with or enter into a collective agreement with any person or another association, trade union or council of trade unions on behalf of or purporting, designed or intended to be binding upon the firefighters in the bargaining unit or any of them. 2015, c. 34, Sched. 1, s. 4. Same (2) No person, association, trade union or council of trade unions shall, so long as another association continues to be entitled to represent the firefighters in a bargaining unit, bargain with or enter into a collective agreement with an employer or an employers’ organization on behalf of or purporting, designed or intended to be binding upon the firefighters in the bargaining unit or any of them. 2015, c. …

46.6 No person, association or employers’ organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of an association or of an employers’ organization or to refrain from exercising any other rights under this Part or from performing any obligations under this Part. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015

46.7 Nothing in this Part authorizes any person to attempt at the place at which a firefighter works to persuade the firefighter during the firefighter’s working hours to become or refrain from becoming or continuing to be a member of an association or a trade union. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015

46.8 (1) No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall, (a) refuse to employ or continue to employ a person; (b) threaten dismissal or otherwise threaten a person; (c) discriminate against a person in regard to employment or a term or condition of employment; or (d) intimidate or coerce or impose a pecuniary or other penalty on a person,

because of a belief that the person may testify in a proceeding under this Part or because the person has made or is about to make a disclosure that may be required in a proceeding under this Part or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Part. 2015, c. 34, Sched. 1, s. 4. Same (2) No association or person acting on behalf of an association shall, (a) discriminate against a person in regard to employment or a term or condition of employment; or (b) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Part or because the person has made or is about to make a disclosure that may be required in a proceeding under this Part or because the person has made an application or filed a com…

46.9 No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015

Collective bargaining

47 (1) If no collective agreement is in effect, a bargaining agent acting pursuant to subsection 46 (1), shall give written notice to the employer 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 52 (1). 1997, c. 4, s. 47.

48 (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. 1997, c. 4, s. 48.

49 Where, after bargaining under section 48, either of the parties is satisfied that an agreement cannot be reached, the party may, by notice in writing to the other party and to the Minister, require all matters remaining in dispute to be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 2 - 22/06/2006 2016, c. 37, Sched. 9, s. 2 - 08/12/2016

50 Repealed: 2016, c. 37, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2016, c. 37, Sched. 9, s. 2 - 08/12/2016

50.1 (1) Within seven days after the day upon which notice is given under section 49, the parties shall appoint a person as arbitrator and forthwith notify the Minister of the name and address of the person appointed. 2018, c. 17, Sched. 18, s. 3. Extension of time (2) The parties, by mutual agreement in writing, may extend the period of seven days mentioned in subsection (1) for one further period of seven days. 2018, c. 17, Sched. 18, s. 3. Notice to Minister (3) If the parties extend the period under subsection (2), they shall inform the Minister. 2018, c. 17, Sched. 18, s. 3. Appointment by Minister (4) If the parties fail to notify the Minister within the time set out in subsection (1) or the time extended under subsection (2), the Minister shall forthwith appoint as arbitrator a person who is, in the opinion of the Minister, qualified to act and notify the parties of the name and a…

50.2 (1) If the arbitrator is appointed by the parties, the parties shall select the method of arbitration. 2018, c. 17, Sched. 18, s. 3. Same, mediation-arbitration (2) The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration. 2018, c. 17, Sched. 18, s. 3. Selection by Minister (3) If the arbitrator is appointed by the Minister, the Minister shall select the method of arbitration. 2018, c. 17, Sched. 18, s. 3. Same, mediation-arbitration (4) The Minister shall select mediation-arbitration as the method of arbitration unless the Minister is of the view that another method is more appropriate. 2018, c. 17, Sched. 18, s. 3. Same, final offer selection (5) The Minister shall not select final offer selection without mediation as the method of arbitration. 2018, c. 17, Sched. 18, s. 3. Same, mediation-final offer selection (6) The Mi…

50.3 (1) Subject to subsection (2), the arbitrator shall fix the time and place of the proceedings and shall notify the Minister of the time and place and the Minister shall notify the parties. 2018, c. 17, Sched. 18, s. 3. When proceedings commence (2) The arbitrator shall begin the proceedings within 30 days after he or she is appointed. 2018, c. 17, Sched. 18, s. 3. Order to expedite proceedings (3) Where an arbitrator has been appointed, the arbitrator shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that an award has not been rendered within the time set out in subsection 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may, after consulting the parties and the arbitrator, issue whatever order he or she considers necessary in the circumstances to ensure that an award will be rendered within a reasonable …

50.3.1 (1) If the arbitrator was appointed by the Minister, the parties may, at any time before the arbitrator renders an award, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different arbitrator. 2018, c. 17, Sched. 18, s. 3. Termination of appointment (2) If notice is served on the Minister under subsection (1), the appointment of the arbitrator is terminated. 2018, c. 17, Sched. 18, s. 3. Effective date of termination (3) The termination is effective on the day the Minister is served with the notice. 2018, c. 17, Sched. 18, s. 3. Obligation to appoint (4) Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 50.1 (1), a person who agreed to act and sections 50.1 to 50.3 and this section apply with respect to the appointment. 2018, c. 17, Sched.…

50.3.2 An arbitrator appointed under this Act has all the powers of a board of arbitration under the Labour Relations Act, 1995. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 18, s. 3 - 06/12/2018

50.4 (1) Where there are matters in dispute between parties to be decided by more than one arbitration in accordance with this Part, the parties may agree in writing that the matters in dispute shall be decided by one arbitrator. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Parties (2) For the purposes of section 50.1, the bargaining agents for or on behalf of any firefighters to whom this Part applies shall be one party and the employers of such firefighters shall be the other party. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 4 (1). Powers of arbitrator (3) In an arbitration to which this section applies, the arbitrator may, in addition to the powers conferred upon an arbitrator by this Part, (a) make a decision on matters of common dispute between all of the parties; and (b) despite subsections 50.5 (1.1) and (1.2), refer matters of particular dispute…

50.5 (1) The arbitrator shall examine into and decide on matters that are in dispute and any other matters that appear to the arbitrator necessary to be decided in order to conclude a collective agreement between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Same (1.1) Subject to subsection (1.2), in making its decision, the arbitrator shall not refer a matter that is in dispute back to the parties for further bargaining. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7. Same (1.2) The arbitrator may refer a matter that is in dispute back to the parties for further bargaining if, (a) the arbitrator has not issued its decision; and (b) the parties agree. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7. Same (1.3) For greater certainty, nothing in subsection (1.1) prevents the arbitrator from referring matters concerning the implementation o…

50.6 (1) Where, during the bargaining under this Part or during the proceedings before the arbitrator, the parties agree on all the matters to be included in a collective agreement, they shall put them in writing and shall execute the document, and thereupon it constitutes a collective agreement. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Failure to make agreement (2) If the parties fail to put the terms of all the matters agreed upon by them in writing or if having put the terms of their agreement in writing either of them fails to execute the document within seven days after it was executed by the other of them, they shall be deemed not to have made a collective agreement and the provisions of sections 49 to 50.5 apply, with necessary modifications. 1997, c. 21, Sched. A, s. 3 (1). Decision of arbitrator (3) Where, during the bargaining under this Part or during the…

50.7 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. 1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 13 (1). Proof of appointment (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it. 1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 13 (2). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2002, c. 18, Sched. N, s. 13 (1, 2) - 26/11/2002

50.8 (1) Proceedings before a board of arbitration under this Part or a predecessor to this Act in which a hearing was commenced before the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings (2) This section does not apply with respect to proceedings in which a hearing was commenced before June 3, 1997 if, (a) a final decision is issued on or before June 3, 1997; or (b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement (3) This section does not apply if the parties agree in writing after the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force to cont…

50.9 (1) Sections 50, 50.2, 50.4 and 50.5, as they read immediately before the repeal date, continue to apply to parties who were referred to arbitration under section 50 before the repeal date. 2016, c. 37, Sched. 9, s. 6. Requested appointment of conciliation officer (2) Sections 49 and 50 and subsection 50.2 (1), as they read immediately before the repeal date, continue to apply to parties if either party made a request for the appointment of a conciliation officer under subsection 49 (1) before the repeal date. 2016, c. 37, Sched. 9, s. 6. Definition — repeal date (3) In this section, “repeal date” means the day that section 6 of Schedule 9 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force. 2016, c. 37, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 9, s. 6 - 08/12/2016 Transition

50.10 If, on or after November 15, 2018, notice under section 49 is given, and on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent, the hearing has not commenced, sections 50.1 to 50.6 apply to the arbitration and if a board of arbitration was appointed, the chair continues as the arbitrator and the appointments of the other members of the board are terminated. 2018, c. 17, Sched. 18, s. 8. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 18, s. 8 - 06/12/2018

Operation of Collective Agreements

51 (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. 1997, c. 4, s. 51.

52 (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 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 ter…