Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4

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. Municipalities may establish fire departments 6. Fire chief, municipalities 7. Fire co-ordinators 7.1 Municipal by-laws PART III FIRE MARSHAL 8. Fire Marshal, Deputy Fire Marshals 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 27.1 Subsequent offence 28. Offences 29. Offence, removal of posted notice 30. Offence, failure to comply with inspection order 30.1 Limitation period 30.2 Administrative penalties 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. Collection of costs 40. Expenses related to work on other lands PART IX FIREFIGHTERS: EMPLOYMENT AND LABOUR RELATIONS Definitions 41. Definitions Working Conditions 42. Strike and lock outs 43. Hours of work 44. Termination of employment Establishment of Bargaining Rights by Certification 45. Bargaining unit 46. Bargaining agent Unfair Labour Practices 46.1 Duty of fair representation by association 46.2 Employers not to interfere with associations 46.3 Associations not to interfere with employers’ organizations 46.4 Employers not to interfere with firefighters’ rights 46.5 No interference with bargaining rights 46.6 Intimidation and coercion 46.7 Persuasion during working hours 46.8 Protection of witnesses’ rights 46.9 Removal, etc., of posted notices Collective Bargaining 47. Notice of desire to bargain 48. Obligation to bargain 49. Referral to arbitration 50.1 Arbitrator 50.2 Selection of method 50.3 Procedure 50.3.1 Notice of agreement to recommence 50.3.2 Powers 50.4 Single arbitration of several disputes 50.5 Duty of arbitrator 50.6 Where agreement reached 50.7 Delegation 50.8 Existing proceedings discontinued 50.9 Transition 50.10 Transition Operation of Collective Agreements 51. Collective agreement 52. Minimum term of collective agreements 52.1 Deduction and remittance of association dues 52.2 Permissive provisions 52.3 Religious objections 53. Arbitration provision required 53.0.1 Referral of grievances to a single arbitrator 53.1 Mandatory retirement 54. Managers, etc. 55. Enforcement of decisions 56. Working conditions not to be altered 56.1 Inquiry, alleged contravention 56.2 “person” defined for purposes of ss. 46.8 and 56.1 56.3 Board power re interim orders 56.4 Transition rules Regulations 57. Regulations PART X FIRE SAFETY COMMISSION 58. Fire Safety Commission PART XI FIRE MARSHAL’S PUBLIC FIRE SAFETY COUNCIL 59. Definition: “Council” 60. Council established 61. Objects 62. Board 63. Powers of Council 64. Borrowing powers 65. By-laws 66. Council’s property to be dedicated to objects 67. Employees 68. Ministry support 69. Protection from personal liability 70. Auditors 71. Annual and other reports 72. Winding-up 73. Review PART XII MISCELLANEOUS 74. Protection from personal liability 75. Indemnification 76. No action for damages from accidental fire 77. Manner of service 78. Regulations 79. Municipal by-laws superseded 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 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 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, (a) fire suppression, fire prevention and fire safety education, (b) mitigation and prevention of the risk created by the presence of unsafe levels of carbon monoxide and safety education related to the presence of those levels, (c) rescue and emergency services, (d) communication in respect of anything described in clauses (a) to (c), (e) training of persons involved in providing anything described in clauses (a) to (d), and (f) the delivery of any service described in clauses (a) to (e); (“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 unless the Part provides otherwise; (“ministre”) “municipality” means local municipality as defined in the Municipal Act, 2001; (“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”) 1997, c. 4, s. 1 (1); 2001, c. 25, s. 475 (1); 2013, c. 14, s. 2; 2015, c. 34, Sched. 1, s. 1. 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, structures or things situated on or attached to the land or premises. 1997, c. 4, s. 1 (2). Application of definition of firefighter (3) The definition of firefighter in subsection (1) does not apply to Part IX. 1997, c. 4, s. 1 (3). 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 of responding 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. 1997, c. 4, s. 1 (4). Same (5) A mutual aid plan established under section 7 does not constitute an automatic aid agreement for the purposes of subsection (4). 1997, c. 4, s. 1 (5). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 475 (1) - 01/01/2003 2013, c. 14, s. 2 - 15/10/2014 2015, c. 34, Sched. 1, s. 1 - 10/12/2015 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. 1997, c. 4, s. 2. Territory without municipal organization 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. 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, 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. Municipalities may establish fire departments 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 two or more municipalities may establish one or more fire departments for the municipalities. 1997, c. 4, s. 5 (4). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 475 (2) - 01/01/2003 Fire chief, municipalities 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 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. 1997, c. 4, s. 6. Fire co-ordinators 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 Municipal by-laws 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) A municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with this section are being complied with. 2001, c. 25, s. 475 (3). Exercise of power (5) The exercise of powers by an officer appointed under this section shall be carried out in accordance with Part XIV of the Municipal Act, 2001, other than clause 431 (a) of that Act or with Part XV of the City of Toronto Act, 2006, other than paragraph 4 of subsection 375 (1) of that Act, as the case may be. 2001, c. 25, s. 475 (3); 2006, c. 32, Sched. C, s. 20 (1). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 475 (3) - 01/01/2003 2006, c. 32, Sched. C, s. 20 (1) - 01/01/2007 PART III FIRE MARSHAL Fire Marshal, Deputy Fire Marshals 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 Powers of Fire Marshal 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 Act or as may be necessary to perform any duty assigned under this Act. 1997, c. 4, s. 9 (1). 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 circumstances that 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. 1997, c. 4, s. 9 (2). Application of Public Inquiries Act, 2009 (3) Section 33 of the Public Inquiries Act, 2009 applies to any inquiry or investigation by the Fire Marshal under this Act. 2009, c. 33, Sched. 6, s. 59. 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. 1997, c. 4, s. 9 (4). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 59 - 01/06/2011 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. 1997, c. 4, s. 10. Assistants to the Fire Marshal 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) 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 Workplace Safety and Insurance Act, 1997 as if the person were not an assistant to the Fire Marshal. 1997, c. 4, s. 11 (4); 2002, c. 18, Sched. N, s. 2 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 2 (1, 2) - 26/11/2002 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 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 presence of unsafe levels of carbon monoxide 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; (e) require and regulate fire protection equipment and systems and govern the maintenance of the equipment and systems; (f) require and regulate protection equipment and systems related to the presence of unsafe levels of carbon monoxide and govern the maintenance of the equipment and systems; (g) require and regulate means of egress, separations, finish materials, furnishings and decorations, standards of housekeeping and heating, ventilation, air conditioning and incinerating equipment and systems; (h) control or prohibit any material, substance, equipment or system affecting fire safety; (i) control or prohibit any material, substance, equipment or system affecting safety from the presence of unsafe levels of carbon monoxide; (j) require and regulate procedures respecting fire safety and the keeping and furnishing of records and reports; (k) require and regulate procedures respecting safety from the presence of unsafe levels of carbon monoxide and the keeping and furnishing of records and reports; (l) require the approval of the Fire Marshal or of a prescribed person respecting any method, matter or thing; (m) require notice to be given to the Fire Marshal or to a prescribed person respecting any change in use or occupancy; (n) prescribe conditions for use, occupation or demolition; (o) exempt any class of building, structure, lands or premises from compliance with the regulations or any provision of them and attach terms and conditions to the exemptions; (p) govern the qualifications and training of persons servicing, maintaining, testing or repairing fire protection devices, equipment or systems and the licensing of those persons; (q) govern the qualifications and training of persons servicing, maintaining, testing or repairing protection devices, equipment or systems related to the presence of carbon monoxide and the licensing of those persons; (r) adopt by reference, in whole or in part, with the changes that the Minister considers necessary, any code or standard and require compliance with any code or standard that is so adopted. 2013, c. 14, s. 3. 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. 1997, c. 4, s. 12 (2). 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. 1997, c. 4, s. 12 (3). 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. 1997, c. 4, s. 12 (4). 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. 1997, c. 4, s. 12 (5). Section Amendments with date in force (d/m/y) 2013, c. 14, s. 3 - 12/12/2013 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 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 of pulling down or removing buildings, structures or things on or attached to the lands or premises on which a fire is occurring or that are adjacent to those lands or premises if, in the opinion of the fire chief, it is necessary to do so to prevent the spread of the fire. 2001, c. 25, s. 475 (5). 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. 1997, c. 4, s. 13 (2). 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 or emergency 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. 1997, c. 4, s. 13 (3). Common law right of entry preserved (4) Nothing in this section derogates from a firefighter’s right of entry at common law. 1997, c. 4, s. 13 (4). Section Amendments with date in force (d/m/y) 2001, c. 25, s. 475 (4, 5) - 01/01/2003 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; (c) make such excavations on the land or premises as he or she considers necessary; (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. Same (4) A person who enters on adjacent land or premises under subsection (3) may exercise any of the powers mentioned in subsection (2) on or with respect to the adjacent land or premises. Use of force (5) 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 (6) 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 (7) A warrant issued under subsection (6) 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 (8) 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 (9) A person authorized by a warrant issued under subsection (6) 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 (10) 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. 1997, c. 4, s. 14. 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; (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 required to remove or reduce the threat to life. 1997, c. 4, s. 15 (1); 2002, c. 18, Sched. N, s. 3; 2016, c. 37, Sched. 9, s. 1. 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. 1997, c. 4, s. 15 (2). 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. 1997, c. 4, s. 15 (3). Contents of notice (4) The notice shall, (a) describe the location of the land or premises; (b) state the reason for the entry; and (c) state the things done under subsection (1) to remove or reduce the threat to life. 1997, c. 4, s. 15 (4). 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. 1997, c. 4, s. 15 (5). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 3 - 26/11/2002 2016, c. 37, Sched. 9, s. 1 - 08/12/2016 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. 1997, c. 4, s. 16. 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. 1997, c. 4, s. 17. PART VI INSPECTIONS Interpretation 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 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 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 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 (7) 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 (8) 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 (9) 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. 1997, c. 4, s. 19. 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 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, 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 (7), (8) and (9) apply with respect to an inspection carried out under a warrant issued under this section. 1997, c. 4, s. 20. 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; (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 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, cause the 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. 1997, c. 4, s. 21 (1, 2). 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 the Electrical Safety Authority referred to in Part VIII of the Electricity Act, 1998 and that the costs of the inspection be paid by the owner or occupant of the building or structure. 1997, c. 4, s. 21 (3); 1998, c. 15, Sched. E, s. 12. Section Amendments with date in force (d/m/y) 1998, c. 15, Sched. E, s. 12 - 01/04/1999 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. 1997, c. 4, s. 22. Contents of order 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. 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. 1997, c. 4, s. 24. 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) 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) but shall be made within 30 days after a copy of the order under subsection 21 (1) or (2) is served. 1997, c. 4, s. 25 (3). 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. 1997, c. 4, s. 25 (4). No hearing required (5) The Fire Marshal is not required to hold a hearing when conducting a review of an order under this section. 1997, c. 4, s. 25 (5). Order stayed by application for review (6) An application made under subsection (1) for a review operates as a stay of the order pending the outcome of the review. 2002, c. 18, Sched. N, s. 4 (2). Lifting of stay (7) The Fire Marshal may, upon request therefor by an inspector, which may be made without notice, order that the stay of the order be lifted if, in his or her opinion, the action is necessary in the interest of public safety. 2002, c. 18, Sched. N, s. 4 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 4 (1, 2) - 26/11/2002 Appeal to Fire Safety Commission 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 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. 1997, c. 4, s. 26 (4). Same (4.1) Despite subsection (4), an application for an extension of time may be made at any time following the 30 days referred to in subsection (4) if the Fire Safety Commission is satisfied that there are reasonable grounds for accepting the application at that time. 2023, c. 12, Sched. 4, s. 2. 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. 1997, c. 4, s. 26 (5). 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. 1997, c. 4, s. 26 (6). Order stayed by appeal (7) An appeal under subsection (1) operates as a stay of the order pending the outcome of the appeal. 2002, c. 18, Sched. N, s. 5 (2). Lifting of stay (8) The Fire Safety Commission may, upon application therefor by an inspector or the Fire Marshal, which may be made without notice, order that the stay of the order be lifted if, in its opinion, the action is necessary in the interest of public safety. 2002, c. 18, Sched. N, s. 5 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 5 (1, 2) - 26/11/2002 2023, c. 12, Sched. 4, s. 2 - 08/06/2023 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. 1997, c. 4, s. 27. PART VII OFFENCES AND ENFORCEMENT Subsequent offence 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 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; (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 this Act is not guilty of an offence. 1997, c. 4, s. 28 (2). Penalty, individual (3) An individual convicted of an offence under subsection (1) 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. 2019, c. 7, Sched. 29, s. 2 (1). Same, corporation (4) A corporation convicted of an offence under subsection (1) is liable to a fine of not more than $500,000 for a first offence and not more than $1,500,000 for a subsequent offence. 2019, c. 7, Sched. 29, s. 2 (1). Offence, director or officer of corporation (5) A director or officer of a corporation who knows that the corporation is violating or has violated a provision of the fire code 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. 8; 2019, c. 7, Sched. 29, s. 2 (2). Liability of directors (6) Despite subsections (1) and (3), 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 $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. 8; 2019, c. 7, Sched. 29, s. 2 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 6 - 26/11/2002 2005, c. 33, s. 8 - 15/12/2005 2019, c. 7, Sched. 29, s. 2 (1, 2) - 28/06/2019 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 (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 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 $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 Limitation period 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 Purpose 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 the administrative penalty may be made. 4. The right to request a review of the administrative penalty order. 2024, c. 2, Sched. 10, s. 1. Maximum administrative penalty (4) An administrative penalty for a contravention of this Act or the regulations shall not exceed the following amounts: 1. For a contravention by an individual, $10,000 or such lesser amount as may be prescribed. 2. For a contravention by a person other than an individual, $100,000 or such lesser amount as may be prescribed. 2024, c. 2, Sched. 10, s. 1. Administrative penalty may be imposed with other measures (5) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act, and may be imposed in conjunction with a fine imposed for the same infraction. 2024, c. 2, Sched. 10, s. 1. Limitation (6) An administrative penalty shall not be imposed more than one year after the contravention first came to the knowledge of the prescribed authorized person. 2024, c. 2, Sched. 10, s. 1. Deadline to pay penalty (7) A person who has received an order imposing an administrative penalty shall pay the penalty within 30 days after the day the order was served, subject to any stays of the order described in subsection (12). 2024, c. 2, Sched. 10, s. 1. No right to be heard (8) There is no right to be heard before an order imposing an administrative penalty is made. 2024, c. 2, Sched. 10, s. 1. Right to review (9) A person who has received an order imposing an administrative penalty may submit a request for a review of the order to a prescribed reviewer. 2024, c. 2, Sched. 10, s. 1. Time to submit request for review (10) A request for review under subsection (9) must be submitted to the reviewer within 30 days after the order is served. 2024, c. 2, Sched. 10, s. 1. If review requested (11) If a person who has received an order imposing an administrative penalty requests a review under subsection (9), the reviewer shall conduct the review in accordance with the regulations. 2024, c. 2, Sched. 10, s. 1. Stay of order (12) A review commenced under subsection (9) operates as a stay of the order until the matter is finally disposed of. 2024, c. 2, Sched. 10, s. 1. Decision of reviewer (13) After conducting the review, the reviewer may, (a) find that the person did not contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and rescind the order imposing the administrative penalty; (b) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty, and affirm the order imposing the administrative penalty; or (c) find that the person did contravene the provision of this Act or the regulations specified in the order imposing the administrative penalty but that the penalty is excessive in the circumstances or is, by its magnitude, punitive in nature having regard to all the circumstances and, in that case, the reviewer shall amend the order imposing the administrative penalty by reducing the amount of the penalty. 2024, c. 2, Sched. 10, s. 1. Decision final (14) The reviewer’s decision is final. 2024, c. 2, Sched. 10, s. 1. Payment after review (15) If the reviewer finds under clause (13) (b) or (c) that a person has contravened the provision of this Act or the regulations specified in the order imposing the administrative penalty, the person shall pay the penalty required by the reviewer within 30 days after the day the decision was made. 2024, c. 2, Sched. 10, s. 1. Enforcement by court (16) If an order imposing an administrative penalty has been issued under this section to a person and the penalty is not paid by the applicable deadline, the order imposing the administrative penalty or the reviewer’s decision, as the case may be, may be filed in the Superior Court of Justice and then may be enforced as if it were an order of that court. 2024, c. 2, Sched. 10, s. 1. Postjudgment interest (17) Section 129 of the Courts of Justice Act applies in respect of an order or decision filed in the Superior Court of Justice under subsection (16) and the date on which the order or decision is filed under subsection (19) is deemed to be the date of the order that is referred to in section 129 of the Courts of Justice Act. 2024, c. 2, Sched. 10, s. 1. Municipal enforcement (18) If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a municipality and the penalty is not paid within 15 days after the applicable deadline, the treasurer of the municipality may, and upon the request of its upper-tier municipality, if any, shall, add the administrative penalty to the tax roll for any property in the municipality for which all of the owners are responsible for paying the administrative penalty and collect it in the same manner as municipal taxes. 2024, c. 2, Sched. 10, s. 1. Enforcement in territory without municipal status (19) If an order imposing an administrative penalty has been issued under this section to a person who owns lands or premises in a territory without municipal organization and the penalty is not paid within 15 days after the applicable deadline, the prescribed authorized person who issued the order shall notify the Minister of Finance when, (a) the time limit for submitting a request for review of the order has expired and no review has been requested; or (b) a review of the order was requested and the reviewer confirmed or amended the order under clause (13) (b) or (c). 2024, c. 2, Sched. 10, s. 1. Same (20) When the Minister of Finance receives notice of an order under subsection (19), the amount of the administrative penalty may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act. 2024, c. 2, Sched. 10, s. 1. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 10, s. 1 - 01/01/2026 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 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 in his or her opinion it is necessary in the interest of public safety, 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 or remove and dispose of any substance, material or thing from the building, structure or premises. 1997, c. 4, s. 31 (3); 2002, c. 18, Sched. N, s. 7 (2). Application (4) If an order is made under clause (3) (a), subsection 24 (3) applies with necessary modifications to the service and posting of the order. 1997, c. 4, s. 31 (4). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 7 (1, 2) - 26/11/2002 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 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 Fire Marshal to carry out inspection order 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 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. 1997, c. 4, s. 33 (4). Powers of Commission (5) The Fire Safety Commission may, in addition to authorizing an inspector to cause to be done any thing required to be done by an order under subsection 21 (1) or (2) or section 25 or 26, (a) rescind the order; or (b) amend the order, or make such other order as the Commission deems should have been made under the relevant section, and order the inspector to do the thing in accordance with the amended order or the other order. 1997, c. 4, s. 33 (5). Same (6) If the order amended or made under clause (5) (b) provides for the removal of any combustible or explosive material or any thing that may constitute a fire hazard, the Fire Safety Commission may also authorize the inspector to dispose of the material or thing. 2002, c. 18, Sched. N, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 9 - 26/11/2002 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 (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. 1997, c. 4, s. 34. 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, (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 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 issued pay the costs to the Minister of Finance or the municipality, as the case may be. 1997, c. 4, s. 35 (2); 2002, c. 18, Sched. N, s. 10. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 10 - 26/11/2002 2019, c. 7, Sched. 29, s. 5 - 28/06/2019 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. 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 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 subsection 21 (1) or (2) or section 25 or 26 or on any appeal from any such order, (i.1) that was done to cause land or premises to be closed immediately under clause 21 (2) (b), or (ii) that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under section 15. 1997, c. 4, s. 36 (3); 2023, c. 12, Sched. 4, s. 3. 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. 1997, c. 4, s. 36 (4). Idem (5) Subsections 27 (2) and (3) apply with necessary modification to an appeal under subsection (4). 1997, c. 4, s. 36 (5). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 3 - 08/06/2023 Enforcement of order to pay costs 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 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 (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 in order to remove or reduce an immediate threat to life on the land or premises. 1997, c. 4, s. 38 (1); 2023, c. 12, Sched. 4, s. 4. 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. 1997, c. 4, s. 38 (2). Lien (3) The amount of any expenses referred to in subsection (1) shall have priority lien status, as described in section 1 of the Municipal Act, 2001, or section 3 of the City of Toronto Act, 2006, as the case may be, and shall be added by the treasurer of the municipality to the tax roll. 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (2). 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. 1997, c. 4, s. 38 (4). 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 379 (7) (b) of the Municipal Act, 2001 or clause 350 (7) (b) of the City of Toronto Act, 2006, as the case may be. 1997, c. 4, s. 38 (5); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (3). Interpretation (6) In subsections (7) and (8), “cancellation price” has the same meaning as in Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 20 (4). Proceeds of tax sale (7) If there is a sale of land under Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be, 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. 1997, c. 4, s. 38 (7); 2002, c. 17, Sched. F, Table; 2006, c. 32, Sched. C, s. 20 (5). Cancellation price (8) Despite Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, the treasurer of a municipality may sell land under those Acts 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 Part XI of the Municipal Act, 2001 or Part XIV of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 20 (6). Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 32, Sched. C, s. 20 (2-6) - 01/01/2007 2023, c. 12, Sched. 4, s. 4 - 08/06/2023 Collection of costs 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 under clause 21 (2) (b), 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. 1997, c. 4, s. 39 (1); 2006, c. 33, Sched. Z.3, s. 12 (1); 2023, c. 12, Sched. 4, s. 5. Same (2) When the Minister of Finance receives notice of an amount under subsection (1), the amount may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act. 2006, c. 33, Sched. Z.3, s. 12 (2). (3) Repealed: 2006, c. 33, Sched. Z.3, s. 12 (2). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 12 (1, 2) - 01/01/2009 2023, c. 12, Sched. 4, s. 5 - 08/06/2023 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 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 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 services and includes technicians but does not include a volunteer firefighter; (“pompier”) “Minister” means the Minister of Labour; (“ministre”) “trade union” means a trade union as defined in the Labour Relations Act, 1995. (“syndicat”) 1997, c. 4, s. 41 (1); 2015, c. 34, Sched. 1, s. 2. 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 54 (4). 1997, c. 4, s. 41 (2). Volunteer firefighter work (2.1) For greater certainty, references in sections 46.4 and 52.2 to a volunteer firefighter include a person who is also regularly employed on a salaried basis in a fire department and assigned to fire protection services, including a technician, in a different fire service, regardless of whether the services provided as a volunteer firefighter are within the jurisdiction, or otherwise adversely affects the interests, of any association. 2018, c. 17, Sched. 18, s. 1. Application of LRA, 1995 (3) Sections 110 to 112, subsections 114 (1) and (3), sections 116 to 118 and 120 to 123 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 provisions as if they were part of this Act. 1997, c. 4, s. 41 (3). Transition (4) An agreement made under section 5 of the Fire Departments Act, or a decision or award made under section 6 of that Act, that is in effect immediately before the day this Part comes into force shall, on and after that day, remain in effect and be deemed to be a collective agreement to which this Part applies. 1997, c. 4, s. 41 (4). Same (5) If a request to bargain was made under section 5 of the Fire Departments Act before the day this Part comes into force, this Part applies as if notice had been given under section 47 on that day. 1997, c. 4, s. 41 (5). Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 2 - 10/12/2015 2018, c. 17, Sched. 18, s. 1 - 06/12/2018 working conditions Strike and lock outs 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. Hours of work 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 consecutive hours off duty, and the platoons shall rotate in their periods of duty and time off as may be arranged for the purpose of changing shifts at least every two weeks; or (c) any other system of platoons or hours of work under which the maximum hours of work or hours on duty on average in any work week are not more than 48 hours. Other personnel (2) Firefighters assigned to duties other than fire-fighting duties shall work such hours as are determined, but in no case shall such hours of work exceed the average work week of the other full-time firefighters. Maximum hours (3) No firefighters shall be required to be on duty on average in any work week more than 48 hours. Weekly day off duty (4) Every firefighter shall be off duty for one full day of 24 hours in every calendar week, but where a two-platoon system or a three-platoon system is in operation, the 24 hours release at the change of platoons shall not be regarded as a day off duty for the purposes of this section. Time off duty (5) Nothing in this Part prohibits any municipality from granting the firefighters more than one day off duty in every calendar week. Off duty (6) The hours off duty of firefighters shall be free from fire department duties. Exception for emergencies (7) Despite subsections (1) to (6), 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. 1997, c. 4, s. 43. 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. Decision (5) 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 (6) 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 (5) do not apply with respect to a termination during that period. 1997, c. 4, s. 44. 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). 1997, c. 4, s. 45. Bargaining agent 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 Duty of fair representation by association 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 Employers not to interfere with associations 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 Associations not to interfere with employers’ organizations 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 Employers not to interfere with firefighters’ rights 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 or to cease to be a member or officer or representative of an association or to cease to exercise any other rights under this Part; or (d) shall refuse to employ a person as a firefighter, refuse to assign a person to fire protection services or discharge a firefighter because the person has worked, is working or intends to work as a volunteer firefighter. 2015, c. 34, Sched. 1, s. 4; 2018, c. 17, Sched. 18, s. 2. 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 2018, c. 17, Sched. 18, s. 2 - 06/12/2018 No interference with bargaining rights 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. 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 Intimidation and coercion 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 Persuasion during working hours 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 Protection of witnesses’ rights 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 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. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015 Removal, etc., of posted notices 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 Notice of desire to bargain 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. Obligation to bargain 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. Referral to arbitration 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 Arbitrator 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 address of the person appointed. 2018, c. 17, Sched. 18, s. 3. Replacement (5) If the person appointed as arbitrator is unable or unwilling to perform his or her duties so as to make an award, the Minister shall forthwith appoint another person as arbitrator and the arbitration process shall begin anew. 2018, c. 17, Sched. 18, s. 3. Restriction (6) No person shall be appointed as an arbitrator under this Act who has any pecuniary interest in the matters coming before him or her or who is acting or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties. 2018, c. 17, Sched. 18, s. 3. Not subject to judicial review (7) It is conclusively determined that the appointment of an arbitrator made under this section is properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the arbitrator’s proceedings. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2018, c. 17, Sched. 18, s. 3 - 06/12/2018 Selection of method 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 Minister shall not select mediation-final offer selection as the method of arbitration unless the Minister, in his or her sole discretion, selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. 2018, c. 17, Sched. 18, s. 3. 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. 3 (1-4) - 08/12/2016 2018, c. 17, Sched. 18, s. 3 - 06/12/2018 Procedure Time and place of proceedings 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 time. 2018, c. 17, Sched. 18, s. 3. Written submissions (4) The parties shall file written submissions on all matters remaining in dispute with the arbitrator before the date set by the arbitrator. 2018, c. 17, Sched. 18, s. 3. Same, time (5) The date set by the arbitrator in subsection (4) must be before the day the first hearing begins. 2018, c. 17, Sched. 18, s. 3. Time for submission of information (6) If the method of arbitration is mediation-arbitration or mediation-final offer selection, the arbitrator may, after consulting with the parties, set a date after which a party may not submit information to the arbitrator unless, (a) the information was not available prior to the date; (b) the arbitrator permits the submission of the information; and (c) the other party is given an opportunity to make submissions concerning the information. 2018, c. 17, Sched. 18, s. 3. Procedure (7) Subject to section 50.2 and the other provisions of this section, the arbitrator shall determine his or her own procedure but shall give full opportunity to the parties to present their evidence and make their submissions. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2018, c. 17, Sched. 18, s. 3 - 06/12/2018 Notice of agreement to recommence 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. 18, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 18, s. 3 - 06/12/2018 Powers 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 Single arbitration of several disputes 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 to the parties concerned for further bargaining. 1997, c. 21, Sched. A, s. 3 (1); 2016, c. 37, Sched. 9, s. 4; 2018, c. 17, Sched. 18, s. 4 (2), 7. Same (4) Where matters of particular dispute are not resolved by further collective bargaining under clause (3) (b), the arbitrator shall decide the matters. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. 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. 4 - 08/12/2016 2018, c. 17, Sched. 18, s. 4 (1, 2), 7 - 06/12/2018 Duty of arbitrator 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 of its decision back to the parties. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7. Criteria (2) In making a decision, the arbitrator shall take into consideration all factors the arbitrator considers relevant, including the following criteria: 1. A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment. 2. A comparison of collective bargaining settlements reached in the same municipality and in comparable municipalities, including those reached by employees in bargaining units to which the Labour Relations Act, 1995 applies, having regard to the relative economic health of the municipalities. 3. The economic health of Ontario and the municipality, including, but not limited to, changes to labour market characteristics, property tax characteristics and socio-economic characteristics. 4. The employer’s ability to attract and retain qualified firefighters. 5. The interest and welfare of the community served by the fire department. 6. Any local factors affecting the community. 2018, c. 17, Sched. 18, s. 5 (1). Restriction (3) Nothing in subsection (2) affects the powers of the arbitrator. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Arbitrator to remain seized of matters (4) The arbitrator shall remain seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Reasons (4.1) When the arbitrator gives a decision, the arbitrator shall provide written reasons upon the request of either party. 2018, c. 17, Sched. 18, s. 5 (2). Same (4.2) The written reasons must clearly demonstrate that the arbitrator has considered the criteria on which a party has made submissions under subsection 50.3 (4), and may deal with other matters as the arbitrator considers appropriate. 2018, c. 17, Sched. 18, s. 5 (2). Time for decision (5) The arbitrator shall give a decision within 90 days after his or her appointment. 2018, c. 17, Sched. 18, s. 5 (3). Extension (6) The parties may agree to extend the time described in subsection (5), either before or after the time has passed. 1997, c. 21, Sched. A, s. 3 (1). Remuneration and expenses (7) Each party shall pay one half of the arbitrator’s remuneration and expenses. 2018, c. 17, Sched. 18, s. 5 (4). Enforcement of arbitration decisions (8) Where a party or firefighter has failed to comply with any of the terms of the decision of an arbitrator, any party or firefighter affected by the decision may file in the Superior Court of Justice 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. 1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 12; 2018, c. 17, Sched. 18, s. 5 (5). Non-application (9) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply with respect to an arbitration under this Part. 1997, c. 21, Sched. A, s. 3 (1). 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. 12 - 26/11/2002 2016, c. 37, Sched. 9, s. 5 - 08/12/2016 2018, c. 17, Sched. 18, s. 5 (1-5), 7 - 06/12/2018 Where agreement reached 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 proceedings before the arbitrator, the parties have agreed upon some matters to be included in the collective agreement and have notified the arbitrator in writing of the matters agreed upon, the decision of the arbitrator shall be confined to the matters not agreed upon by the parties and to such other matters that appear to the arbitrator necessary to be decided to conclude a collective agreement between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Same (4) Where the parties have not notified the arbitrator in writing that, during the bargaining under this Part or during the proceedings before the arbitrator, they have agreed upon some matters to be included in the collective agreement, the arbitrator shall decide all matters in dispute and such other matters that appear to the arbitrator necessary to be decided to conclude a collective agreement between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Execution of agreement (5) Within five days of the date of the decision of the arbitrator or 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 and any agreement of the parties, and the document thereupon constitutes a collective agreement. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Preparation of agreement by arbitrator (6) 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 and any agreement of the parties within the period mentioned in subsection (5), the parties or either of them shall notify the arbitrator in writing forthwith, and the arbitrator shall prepare a document in the form of a collective agreement giving effect to the decision of the arbitrator and any agreement of the parties and submit the document to the parties for execution. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 6, 7. Failure to execute agreement (7) If the parties or either of them fail to execute the document prepared by the arbitrator within a period of five days from the day of its submission by the arbitrator 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. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2018, c. 17, Sched. 18, s. 6, 7 - 06/12/2018 Delegation 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 Existing proceedings discontinued 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 continue the proceedings. 1997, c. 21, Sched. A, s. 3 (1). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 Transition Referred to arbitration 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 Board of arbitration 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 Collective agreement 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. Minimum term of collective agreements 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 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. 1997, c. 4, s. 52. Deduction and remittance of association dues 52.1 (1) Subject to section 52.3, where an association so requests, there shall be included in the collective agreement between the association and the employer of the firefighters a provision requiring the employer to deduct from the wages of each firefighter in the unit affected by the collective agreement, whether or not the firefighter is a member of the association, the amount of the regular association dues and to remit the amount to the association, forthwith. 2015, c. 34, Sched. 1, s. 5. Definition (2) In subsection (1), “regular association dues” means, (a) in the case of a firefighter who is a member of an association, the dues uniformly and regularly paid by a member of the association in accordance with the constitution and by-laws of the association, and (b) in the case of a firefighter who is not a member of an association, the dues referred to in clause (a), excluding any amount in respect of pension, superannuation, sickness insurance or any other benefit available only to members of the association. 2015, c. 34, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 5 - 10/12/2015 Permissive provisions 52.2 (1) Despite anything in this Part, the parties to a collective agreement may include in it provisions, (a) for requiring, as a condition of employment, membership in the association or granting a preference of employment to members of the association, or requiring the payment of dues or contributions to the association; (b) for permitting a firefighter who represents the association to attend to the business of the association during working hours without deduction of the time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time so occupied; and (c) for permitting the association the use of the employer’s premises for the purposes of the association without payment therefor. 2015, c. 34, Sched. 1, s. 5. Prohibitions re non-member firefighter (2) No association that is a party to a collective agreement containing a provision mentioned in clause (1) (a) shall require the employer to refuse to employ a person as a firefighter, refuse to assign a person to fire protection services or discharge a firefighter because, (a) the firefighter has been expelled or suspended from membership in the association; or (b) membership in the association has been denied or withheld from the firefighter, for reason that the firefighter, (c) was or is a member of another association or a trade union; (d) has engaged in activity against the association or on behalf of another association or a trade union; (e) has engaged in reasonable dissent within the association, including with respect to the person’s work, past work or intended work as a volunteer firefighter; (f) has been discriminated against by the association in the application of its membership rules, including with respect to the person’s work, past work or intended work as a volunteer firefighter; (g) has refused to pay initiation fees, dues or other assessments to the association which are unreasonable; or (h) has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association. 2018, c. 17, Sched. 18, s. 9 (1). Where subs. (2) does not apply (3) Subsection (2) does not apply to a firefighter who has engaged in unlawful activity against the association mentioned in clause (1) (a) or an officer, official or agent thereof or whose activity against the association or on behalf of another association or trade union has been instigated or procured by the firefighter’s employer or any person acting on the employer’s behalf or whose employer or a person acting on the employer’s behalf has participated in such activity or contributed financial or other support to the firefighter in respect of the activity. 2015, c. 34, Sched. 1, s. 5. Same, unlawful activity (3.1) For greater certainty, work as a volunteer firefighter, as described in clause (2) (h), is not an unlawful activity for the purposes of subsection (3). 2018, c. 17, Sched. 18, s. 9 (2). Subs. (1) provisions continued during bargaining (4) Despite anything in this Part, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1), any of such provisions may be continued in effect during the period when the parties are bargaining with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement. 2015, c. 34, Sched. 1, s. 5. Where volunteer firefighter cannot be disciplined by association (5) On or after November 15, 2018, no association shall deny membership to, suspend, expel, fine, attempt to collect a fine from, penalize or otherwise discipline a firefighter because the firefighter has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association. 2018, c. 17, Sched. 18, s. 9 (3). Same, application (6) The prohibition in subsection (5) applies regardless of whether the work as a volunteer firefighter occurred before November 15, 2018. 2018, c. 17, Sched. 18, s. 9 (3). Civil remedy (7) No action or other civil proceeding shall be commenced by any person, association or representative of an association against a firefighter who has worked, is working or intends to work as a volunteer firefighter, to attempt to collect a fine or any other form of monetary penalty, or to enforce or otherwise give effect to any decision of an association prohibited under subsection (5). 2018, c. 17, Sched. 18, s. 9 (3). Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 5 - 10/12/2015 2018, c. 17, Sched. 18, s. 9 (1-3) - 06/12/2018 Religious objections 52.3 (1) Where the Board is satisfied that a firefighter because of his or her religious conviction or belief, (a) objects to joining an association; or (b) objects to the paying of dues or other assessments to an association, the Board may order that the provisions of a collective agreement of the type mentioned in clause 52.2 (1) (a) do not apply to the firefighter and that the firefighter is not required to join the association, to be or continue to be a member of the association, or to pay any dues, fees or assessments to the association, provided that amounts equal to any initiation fees, dues or other assessments are paid by the firefighter to or are remitted by the employer to a charitable organization mutually agreed upon by the firefighter and the association, but if the firefighter and the association fail to so agree then to a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) that may be designated by the Board. 2015, c. 34, Sched. 1, s. 5. Application of subs. (1) (2) Subsection (1) applies to firefighters in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection (1) is first entered into with that employer and only during the life of such collective agreement, and does not apply to firefighters whose employment commences after the entering into of the collective agreement. 2015, c. 34, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 5 - 10/12/2015 Arbitration provision required 53 (1) Every collective agreement shall provide for the final and binding settlement by arbitration of all differences between the parties arising from the interpretation, application, administration or alleged violation of the collective agreement, including any question as to whether a matter is arbitrable, by a single arbitrator. 1997, c. 4, s. 53 (1). Same (2) If a collective agreement does not contain the provision mentioned in subsection (1), it shall be deemed to contain the following provision: If a difference arises between the parties relating to the interpretation, application, administration of this agreement, including any question as to whether a matter is arbitrable, or if an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established in this agreement, notify the other party in writing of its desire to submit the difference or allegation to a single arbitrator. 1997, c. 4, s. 53 (2). Selection of single arbitrator (3) If a matter is referred to arbitration, the arbitrator shall be selected in accordance with the regulations. 1997, c. 4, s. 53 (3). Commencement of proceedings (4) 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. 1997, c. 4, s. 53 (4). Time for decision (5) An arbitrator shall give a decision within 30 days after hearings on the matter submitted to arbitration are concluded. 1997, c. 4, s. 53 (5). Same (6) The time described in subsection (5) 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. 1997, c. 4, s. 53 (6). Oral decision (7) An arbitrator may give an oral decision and, if he or she does so, subsection (5) does not apply and the arbitrator, (a) shall give the decision promptly after hearings on the matter are concluded; (b) shall give a written decision, without reasons, promptly upon the request of either party; and (c) shall give written reasons for the decision within a reasonable period of time upon the request of either party. 1997, c. 4, s. 53 (7). Orders re decisions (8) If the arbitrator does not give a decision within the time described in subsection (5) or does not provide written reasons within the time described in subsection (7), 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. 1997, c. 4, s. 53 (8). Powers of arbitrators (9) 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; (c) to fix dates for the commencement and continuation of hearings; (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 such thing 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 employment-related statutes, despite any conflict between those statutes and the terms of the collective agreement. 1997, c. 4, s. 53 (9). Restriction re interim orders (10) An arbitrator shall not make an interim order under clause (9) (i) requiring an employer to reinstate a firefighter in employment.1997, c. 4, s. 53 (10). Enforcement power (10.1) An arbitrator or the chair of an arbitration board, as the case may be, may enforce the written settlement of a grievance. 2015, c. 34, Sched. 1, s. 6. Extension of time (11) 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.1997, c. 4, s. 53 (11). Substitution of penalty (12) 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 subject-matter 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. 1997, c. 4, s. 53 (12). Effect of arbitrator’s decision (13) The decision of an arbitrator is binding upon the parties and the firefighters who are covered by the agreement and affected by the decision.1997, c. 4, s. 53 (13). Enforcement of arbitration decisions (13.1) Where a party, employer, association, trade union, firefighter or other person has failed to comply with any of the terms of the decision of an arbitrator or arbitration board, any party, employer, association, trade union, firefighter or other person affected by the decision may file in the Superior Court of Justice a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such. 2015, c. 34, Sched. 1, s. 6. Costs of arbitration (14) Each party shall assume its own costs in the arbitration proceedings and pay one-half of the costs of the arbitrator.1997, c. 4, s. 53 (14). Non-application (15) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply with respect to an arbitration under this section. 1997, c. 4, s. 53 (15). Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 6 - 10/12/2015 Referral of grievances to a single arbitrator 53.0.1 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 53, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. 2015, c. 34, Sched. 1, s. 7. Request for references (2) Subject to subsection (3), a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after 30 days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration. 2015, c. 34, Sched. 1, s. 7. Same (3) Despite subsection (2), where a difference between the parties to a collective agreement is a difference respecting discharge from or other termination of employment, a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after 14 days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration. 2015, c. 34, Sched. 1, s. 7. Minister to appoint arbitrator (4) Where a request is received under subsection (1), the Minister shall appoint a single arbitrator who shall have exclusive jurisdiction to hear and determine the matter referred to him or her, including any question as to whether a matter is arbitrable and any question as to whether the request was timely. 2015, c. 34, Sched. 1, s. 7. Same (5) Where a request or more than one request concerns several differences arising under the collective agreement, the Minister may in his or her discretion appoint an arbitrator under subsection (4) to deal with all the differences raised in the request or requests. 2015, c. 34, Sched. 1, s. 7. Settlement officer (6) The Minister may appoint a settlement officer to confer with the parties and endeavour to effect a settlement prior to the hearing by an arbitrator appointed under subsection (4). 2015, c. 34, Sched. 1, s. 7. Powers and duties of arbitrator (7) An arbitrator appointed under subsection (4) shall commence to hear the matter referred to him or her within 21 days after the receipt of the request by the Minister and the provisions of subsections 53 (5) to (15) apply with all necessary modifications to the arbitrator, the parties and the decision of the arbitrator. 2015, c. 34, Sched. 1, s. 7. Oral decisions (8) Upon the agreement of the parties, the arbitrator shall deliver an oral decision forthwith or as soon as practicable without giving his or her reasons in writing therefor. 2015, c. 34, Sched. 1, s. 7. Payment of arbitrator (9) Where the Minister has appointed an arbitrator under subsection (4), each of the parties shall pay one-half of the remuneration and expenses of the person appointed. 2015, c. 34, Sched. 1, s. 7. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 7 - 10/12/2015 Mandatory retirement Application 53.1 (1) This section applies to a firefighter only if the firefighter is regularly assigned to fire suppression duties. 2011, c. 13, s. 2. Mandatory retirement provision permitted (2) A collective agreement may contain a provision requiring firefighters to retire at a specified age of 60 or over and, if it does, a firefighter subject to the agreement shall, subject to subsection (4), retire at the specified age. 2011, c. 13, s. 2. Existing and new collective agreements (3) Subsection (2) applies to collective agreements that are in operation on the day section 2 of the Fire Protection and Prevention Amendment Act, 2011 comes into force and to collective agreements that come into force after that day. 2011, c. 13, s. 2. Deemed mandatory retirement provision (3.1) If a collective agreement does not contain a provision requiring firefighters to retire at a specified age or if it contains a provision requiring firefighters to retire at an age under 60, the agreement is deemed to contain a provision requiring firefighters to retire at the age of 60 and a firefighter subject to the agreement shall, subject to subsection (4), retire at that age. 2011, c. 13, s. 3. Reasonable accommodation (4) A firefighter shall not be required to retire if the firefighter can be accommodated without undue hardship, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 2011, c. 13, s. 2. Human Rights Code (5) This section applies despite the Human Rights Code. 2011, c. 13, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 2 - 01/06/2011; 2011, c. 13, s. 3 - 01/06/2013 CTS 21 JN 11 - 1 Managers, etc. 54 (1) An employer may assign a person employed by it to a position which, in the opinion of the employer, involves the exercise of managerial functions or employment in a confidential capacity in matters relating to labour relations, but, subject to subsection (4), 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 (4), the Board, on application of an employer, 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. Same (3) Subject to subsection (4), a person shall remain in the bargaining unit until the Board makes a determination under subsection (2), unless the parties otherwise agree. Designation (4) Subject to subsections (5) and (8), 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. Consent required (5) An employer shall not designate a person under subsection (4) unless the person consents to the designation. If no consent (6) If a person does not consent to a designation under subsection (4), the employer shall assign the person to a position in the bargaining unit. If the position to which a person is assigned has a lower salary than the position held by the person before the assignment, he or she is entitled to be paid the same salary and to receive the same benefits after the assignment as he or she was paid and received before the assignment. Revocation (7) A designation under subsection (4) may be revoked by the employer at any time. Restriction (8) An employer shall not designate under subsection (4) 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; (c) four persons, if the employer employs 150 or more but fewer than 300 persons; or (d) five persons, if the employer employs 300 or more persons. 1997, c. 4, s. 54 (1-8). Amalgamations (8.1) If, after the day on which subsection 3 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters amalgamate, the amalgamated municipality is entitled under subsection (4) to designate the number of persons that is equal to the sum of the numbers of persons that each of the amalgamating municipalities would have been able to designate immediately before the amalgamation. Dissolutions and incorporations (8.2) If, after the day on which subsection 3 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters are dissolved and the inhabitants of the municipalities are incorporated in a new municipality, subsection (8.1) shall apply as if the dissolved municipalities were amalgamating municipalities and the new municipality was an amalgamated municipality. 1997, c. 21, Sched. A, s. 3 (2). Calculating number of persons employed (9) For the purposes of subsection (8), 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. 1997, c. 4, s. 54 (9). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s.

3 (2) - 29/10/1997 Enforcement of decisions 55 (1) If a person or bargaining agent fails to comply with a decision of an arbitrator under section 53, the person or bargaining agent affected by the decision may file a copy of the decision (excluding the reasons for the decision) with the Superior Court of Justice. 1997, c. 4, s. 55 (1); 2002, c. 18, Sched. N, s. 14. 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. 1997, c. 4, s. 55 (2). 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. 1997, c. 4, s. 55 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 14 - 26/11/2002 Working conditions not to be altered 56 (1) If notice has been given under section 47 by a 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 bargaining agent, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the firefighters until the right of the bargaining agent to represent the firefighters has been terminated; and (b) the bargaining agent 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 bargaining agent or the firefighters until the right of the bargaining agent to represent the firefighters has been terminated. Arbitration if no agreement (2) If notice has been given under subsection 47 (2) and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and the arbitration shall proceed in accordance with section 53. 1997, c. 4, s. 56. Inquiry, alleged contravention 56.1 (1) The Board may authorize a labour relations officer to inquire into any complaint alleging a contravention of this Part. 2015, c. 34, Sched. 1, s. 8. Duties (2) The labour relations officer shall forthwith inquire into the complaint and endeavour to effect a settlement of the matter complained of. 2015, c. 34, Sched. 1, s. 8. Report (3) The labour relations officer shall report the results of his or her inquiry and endeavours to the Board. 2015, c. 34, Sched. 1, s. 8. Remedy for discrimination (4) Where a labour relations officer is unable to effect a settlement of the matter complained of or where the Board in its discretion considers it advisable to dispense with an inquiry by a labour relations officer, the Board may inquire into the complaint of a contravention of this Part and where the Board is satisfied that an employer, employers’ organization, association, person or firefighter has acted contrary to this Part it shall determine what, if anything, the employer, employers’ organization, association, person or firefighter shall do or refrain from doing with respect thereto and such determination, without limiting the generality of the foregoing may include, despite the provisions of any collective agreement, any one or more of, (a) an order directing the employer, employers’ organization, association, firefighter or other person to cease doing the act or acts complained of; (b) an order directing the employer, employers’ organization, association, firefighter or other person to rectify the act or acts complained of; or (c) an order to reinstate in employment or hire the person or firefighter concerned, with or without compensation, or to compensate instead of hiring or reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer, employers’ organization, association, firefighter or other person jointly or severally. 2015, c. 34, Sched. 1, s. 8. Burden of proof (5) On an inquiry by the Board into a complaint under subsection (4) that a person has been refused employment, discharged, discriminated against, threatened, coerced, intimidated or otherwise dealt with contrary to this Part as to the person’s employment, opportunity for employment or conditions of employment, the burden of proof that any employer or employers’ organization did not act contrary to this Part lies upon the employer or employers’ organization. 2015, c. 34, Sched. 1, s. 8. Filing in court (6) An association, employer, employers’ organization, firefighter or other person affected by the determination may file the determination, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as such. 2015, c. 34, Sched. 1, s. 8. Effect of settlement (7) Where a proceeding under this Part has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the association, employer, employers’ organization, firefighter or other person who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the association, employer, employers’ organization, firefighter or other person who agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1). 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015 “person” defined for purposes of ss. 46.8 and 56.1 56.2 For the purposes of section 46.8 and any complaint made under section 56.1, “person” includes any person otherwise excluded by subsection 41 (2). 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015 Board power re interim orders 56.3 (1) On application in a pending proceeding, the Board may, (a) make interim orders concerning procedural matters on such terms as it considers appropriate; (b) subject to subsections (2) and (3), make interim orders requiring an employer to reinstate a firefighter in employment on such terms as it considers appropriate; and (c) subject to subsections (2) and (3), make interim orders respecting the terms and conditions of employment of a firefighter whose employment has not been terminated but whose terms and conditions of employment have been altered or who has been subject to reprisal, penalty or discipline by the employer. 2015, c. 34, Sched. 1, s. 8. Same (2) The Board may exercise its power under clause (1) (b) or (c) only if the board determines that all of the following conditions are met: 1. The circumstances giving rise to the pending proceeding occurred at a time when a campaign to establish bargaining rights was underway. 2. There is a serious issue to be decided in the pending proceeding. 3. The interim relief is necessary to prevent irreparable harm or is necessary to achieve other significant labour relations objectives. 4. The balance of harm favours the granting of the interim relief pending a decision on the merits in the pending proceeding. 2015, c. 34, Sched. 1, s. 8. Same (3) The Board shall not exercise its powers under clause (1) (b) or (c) if it appears to the Board that the alteration of terms and conditions, dismissal, reprisal, penalty or discipline by the employer was unrelated to the exercise of rights under this Part by a firefighter. 2015, c. 34, Sched. 1, s. 8. Same (4) Despite subsection 56.1 (5), in an application under this section, the burden of proof lies on the applicant. 2015, c. 34, Sched. 1, s. 8. Same (5) With respect to the Board, the power to make interim orders under this section applies instead of the power under subsection 16.1 (1) of the Statutory Powers Procedure Act. 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015 Transition rules 56.4 If, on the day the Employment and Labour Statute Law Amendment Act, 2015 received First Reading, a matter was before the Board or an arbitrator and the Board or arbitrator had not given a decision on the matter, the Board or arbitrator shall decide the matter in accordance with this Act as amended by the Employment and Labour Statute Law Amendment Act, 2015, regardless of when the matter in dispute occurred. 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015 regulations Regulations 57 The Minister may make regulations, (a) Repealed: 2016, c. 37, Sched. 9, s. 7. (b) governing the selection of arbitrators under section 53; (c) prescribing forms for the purposes of subsections 53 (13.1) and 56.1 (6). 1997, c. 21, Sched. A, s. 3 (3); 2011, c. 13, s. 4; 2015, c. 34, Sched. 1, s. 9; 2016, c. 37, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (3) - 29/10/1997 2011, c. 13, s. 4 - 01/12/2011 2015, c. 34, Sched. 1, s. 9 - 10/12/2015 2016, c. 37, Sched. 9, s. 7 - 08/12/2016 PART X FIRE SAFETY COMMISSION Fire Safety Commission 58 (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. 1997, c. 4, s. 58 (1). Appointment of members (2) The Lieutenant Governor in Council shall appoint the members to the Commission, and may designate one of the members as chair and one or more of the members as vice-chair. 2006, c. 35, Sched. C, s. 44 (1). Ineligibility (2.1) A person is not eligible to be a member of the Commission if the person is, (a) a deputy minister of a ministry; (b) a public servant employed under Part III of the Public Service of Ontario Act, 2006; or (c) an employee of a municipality. 2006, c. 35, Sched. C, s. 44 (1). Remuneration (3) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine. 1997, c. 4, s. 58 (3). Composition of panels for hearings (4) A proceeding before the Commission shall be heard and determined by a panel consisting of one or more members of the Commission, as assigned by the chair or vice-chair of the Commission. 2023, c. 12, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 44 (1) - 20/08/2007 2023, c. 12, Sched. 4, s. 6 - 08/06/2023 PART XI FIRE MARSHAL’S PUBLIC FIRE SAFETY COUNCIL Definition: “Council” 59 In this Part, “Council” means the Fire Marshal’s Public Fire Safety Council. 1997, c. 4, s. 59. Council established 60 (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. 1997, c. 4, s. 60 (1). 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. 1997, c. 4, s. 60 (2). Non-application of corporate Acts (3) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the Council. 1997, c. 4, s. 60 (3); 2010, c. 15, s. 227. Conflict of interest (4) Section 132 of the Business Corporations Act applies to the Council and to its directors and officers. 1997, c. 4, s. 60 (4). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 227 - 19/10/2021 Objects 61 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; (c) to provide or endorse training, education and fire prevention activities; (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. 1997, c. 4, s. 61. Board 62 (1) The affairs of the Council shall be managed by its board of directors. 1997, c. 4, s. 62 (1). Composition (2) The board shall be composed of the Fire Marshal and at least six directors appointed from among the members by the Minister on the recommendation of the Fire Marshal. 1997, c. 4, s. 62 (2); 2023, c. 12, Sched. 4, s. 7 (1). 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. 1997, c. 4, s. 62 (3). Chair (4) The Fire Marshal is chair of the board. 1997, c. 4, s. 62 (4); 2023, c. 12, Sched. 4, s. 7 (2). Vice-chairs (5) The Fire Marshal shall designate one or more other directors to be vice-chairs. 1997, c. 4, s. 62 (5). Same (6) If the Fire Marshal is absent from a meeting of the board, or is unable to act and no Deputy Fire Marshal is able to take the place of the Fire Marshal at the meeting, a vice-chair shall act as and have all the powers of the chair. 2023, c. 12, Sched. 4, s. 7 (3). Quorum (7) A majority of the directors constitutes a quorum. 1997, c. 4, s. 62 (7). 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. 1997, c. 4, s. 62 (8). Remuneration (9) The appointed directors shall receive such remuneration and reimbursement for reasonable expenses as may be determined by the Council. 1997, c. 4, s. 62 (9). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 7 (1-3) - 08/06/2023 Powers of Council 63 (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 and in section 11.0.1 of the Ministry of Infrastructure Act, 2011, for the purpose of carrying out its objects. 1997, c. 4, s. 63 (1); 2023, c. 5, Sched. 2, s. 9. 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; (c) otherwise endorse any 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. 1997, c. 4, s. 63 (2). Logo (3) The board of directors shall by by-law adopt a logo for the Council. 1997, c. 4, s. 63 (3). Section Amendments with date in force (d/m/y) 2023, c. 5, Sched. 2, s. 9 - 01/04/2024 Borrowing powers 64 (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. 1997, c. 4, s. 64. By-laws 65 The board of directors of the Council may pass by-laws, (a) regulating its proceedings; (b) establishing the fiscal year for the Council; (c) specifying the powers, duties and remuneration of its officers and employees; (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. 1997, c. 4, s. 65. Council’s property to be dedicated to objects 66 (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. 1997, c. 4, s. 66. Employees 67 (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. 1997, c. 4, s. 67 (1). Not an employee of the Crown (2) A person who is employed or whose services are contracted under subsection (1) is not and shall not be deemed to be an employee of the Crown. 2006, c. 35, Sched. C, s. 44 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 44 (2) - 20/08/2007 Ministry support 68 The Office of the Fire Marshal may, on request, provide administrative, technical or expert advice or assistance to the Council. 1997, c. 4, s. 68. Protection from personal liability 69 (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 power or duty or for any alleged neglect or default in the execution in good faith of the person’s power or duty. 1997, c. 4, s. 69 (1). Same (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, 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. 1997, c. 4, s. 69 (2); 2019, c. 7, Sched. 17, s. 77 (1). 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. 1997, c. 4, s. 69 (3). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 77 (1) - 01/07/2019 Auditors 70 The board of directors of the Council shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of the Council for each fiscal year. 1997, c. 4, s. 70; 2004, c. 8, s. 46. Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table - 01/11/2005 Annual and other reports 71 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. 1997, c. 4, s. 71. Winding-up 72 Upon the winding-up or dissolution of the Council, all its assets, after discharging all outstanding liabilities, shall vest in the Crown. 1997, c. 4, s. 72. Review 73 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. 1997, c. 4, s. 73. PART XII MISCELLANEOUS Protection from personal liability 74 (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, a 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. 1997, c. 4, s. 74 (1); 2023, c. 12, Sched. 4, s. 8. Crown, municipality not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, 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. 1997, c. 4, s. 74 (2); 2019, c. 7, Sched. 17, s. 77 (2). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 77 (2) - 01/07/2019 2023, c. 12, Sched. 4, s. 8 - 08/06/2023 Indemnification 75 (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, a 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. 1997, c. 4, s. 75 (1); 2023, c. 12, Sched. 4, s. 9 (1). 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, a Deputy Fire Marshal, the Fire Marshal or a person acting under his or her authority, the Crown. 1997, c. 4, s. 75 (2); 2023, c. 12, Sched. 4, s. 9 (2). Effect of collective agreement (3) A collective agreement made under Part IX or a decision under section 53 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. 1997, c. 4, s. 75 (3). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 9 (1, 2) - 08/06/2023 No action for damages from accidental fire 76 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. 1997, c. 4, s. 76. Manner of service 77 (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. 1997, c. 4, s. 77. Regulations 78 (1) The Minister may make regulations, (a) respecting the operation and administration of fire departments and community fire safety teams established or appointed by an agreement made under section 3 and respecting the functions of community fire safety officers appointed by such an agreement; (b) prescribing persons or organizations for the purposes of subsections 3 (1) and 4 (2); (c) prescribing powers and duties that a fire chief may delegate in addition to those mentioned in subsection 6 (6); (d) 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; (e) 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; (f) requiring any person to furnish such statistical and other information to the Fire Marshal as he or she considers necessary; (g) 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; (h) 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); (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, including full-time, volunteer and part-time 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. L. G. in C. (1.1) The Lieutenant Governor in Council may make regulations governing administrative penalties that may be imposed under section 30.2, and, without limiting the foregoing, may make regulations, (a) prescribing provisions of this Act and of the regulations for the purpose of subsection 30.2 (2); (b) prescribing authorized persons for the purpose of section 30.2, which may include authorizing municipalities to appoint prescribed authorized persons; (c) prescribing the amount of a penalty, or a method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria; (d) authorizing prescribed authorized persons to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection 30.2 (2), including prescribing that the criteria may include aggravating or mitigating factors; (e) authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues; (f) authorizing higher penalties for a second or subsequent contravention or failure to comply; (g) governing the payment of penalties and authorizing prescribed authorized persons to approve a plan of periodic payments that extends beyond the deadline; (h) authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes; (i) prescribing a lesser maximum penalty and the provisions of this Act or the regulations to which the lesser maximum penalty applies; (j) prescribing and governing procedures for making and serving an order under section 30.2, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario; (k) governing the review of an order, including, (i) prescribing persons or entities as reviewers, which may include authorizing municipalities to appoint the reviewers, (ii) establishing procedures for commencing and conducting a review, (iii) establishing time limits for the stages of a review and authorizing the reviewer to extend any time limit, (iv) prescribing that the review must or may be conducted orally, electronically or in writing or authorizing the reviewer to make that determination, and (v) establishing criteria to be considered and criteria not to be considered by the reviewer when determining what decision to make; (l) prescribing the form and content of orders under section 30.2; (m) prescribing circumstances in which a person is not required to pay an administrative penalty; (n) providing that an administrative penalty is payable to a prescribed person rather than to the Minister of Finance, and is a debt due to the person to whom it is payable; (o) providing for other matters to carry out the purpose of section 30.2. 2024, c. 2, Sched. 10, s. 2. Same (2) A regulation made under this section may be general or specific in its application. 1997, c. 4, s. 78. Section Amendments with date in force (d/m/y) 2024, c. 2, Sched. 10, s. 2 - 01/01/2026 Municipal by-laws superseded 79 A regulation, including the fire code, supersedes all municipal by-laws respecting standards for 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. 5. Section Amendments with date in force (d/m/y) 2013, c. 14, s. 5 - 15/10/2014 80-93 Omitted (amends or repeals other Acts). 1997, c. 4, ss. 80-93. 94 Omitted (provides for coming into force of provisions of this Act). 1997, c. 4, s. 94. 95 Omitted (enacts short title of this Act). 1997, c. 4, s. 95. ______________