Bill 30 2002

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

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

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

Voluntary firefighters

Job protection

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

1. Refuse to employ a person as a firefighter.

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

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

Representation

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

Reasons

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

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

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

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

Complaint

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

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Volunteer Firefighters Employment Protection Act, 2002.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

Marginal side bars in the outer margin indicate that either a provision has been replaced, a new provision has been added or that there has been a change within a provision in either or both the English and French version of the bill. The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

______________

EXPLANATORY NOTE

The Bill amends the Fire Protection and Prevention Act, 1997 with respect to salaried firefighters who also work as volunteer firefighters. Proposed subsection 56.1 (1) provides that if a person is denied membership in an association of firefighters, is expelled or disciplined by the association or engages in reasonable dissent within the association in connection with this kind of dual employment, the association is not permitted to require the employer to refuse to employ the person as a salaried firefighter, terminate his or her employment as a salaried firefighter or refuse to assign the person to fire protection services. Proposed subsection 56.1 (2) provides that the person is also entitled to fair representation by the association. A person who believes that either subsection has been contravened may file a complaint with the Ontario Labour Relations Board.

Bill 30 2002

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

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

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

No retaliation against volunteer firefighters

56.1 (1) No association of firefighters may take any disciplinary action against a member who is employed on a salaried basis by a fire department solely because the member also works as a volunteer firefighter.

Same

(2) No association of firefighters may reject for membership or refuse to provide representation to a person who is employed on a salaried basis by a fire department solely because the person also works as a volunteer firefighter.

Protection for volunteer firefighters

56.2 Despite any other provision of this Act or any collective agreement, no person may be terminated from a position as a firefighter or volunteer firefighter because the person has ceased to be a member of an association of firefighters or a bargaining unit, or has been suspended from membership in an association of firefighters or a bargaining unit, solely for working as a volunteer firefighter.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Volunteer Firefighters Employment Protection Act, 2002.

______________

EXPLANATORY NOTE

The Bill protects salaried firefighters who also work as volunteer firefighters. They may not be disciplined by an association of firefighters or dismissed by a fire department for holding both positions.