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SNL1996

CHAPTER F-11.1

FIREFIGHTERS' PROTECTION ACT

Amended:

2017 c10 s13; 2023 cT-6.2 s319

CHAPTER F-11.1

AN ACT TO PROVIDE FIREFIGHTERS WITH PROTECTION FROM PERSONAL LIABILITY

(Assented to December 19, 1996)

Analysis

Short title

Definitions

Protection from personal liability

Indemnification of firefighters

Liability

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act shall be cited as the Firefighters' Protection Act.

1996 cF-11.1 s1

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Definitions

In this Act

(a)

"fire department" means a fire department organized under the Towns and Local Service Districts Act,

the City of St. John's Act

or the City of Corner Brook Act

and includes a fire department established in an unincorporated area of the province; and

(b)

"firefighter" means a full-time or part-time employee of a fire department, or a volunteer member of a fire department, whether or not

the volunteer receives a nominal consideration or honorarium for his or her services.

1996 cF-11.1 s2 ; 2017 c10 s13 ; 2023 cT-6.2 s319

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Protection from personal liability

An action or other proceeding for damages shall not be instituted against a firefighter for

an act done in good faith in the execution or intended execution of his or her duty or for any neglect or for any alleged neglect or default in the execution in good faith of his or her duty.

1996 cF-11.1 s3

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Indemnification of firefighters

(1)A firefighter who acted in good faith in the execution of his or her duties shall be indemnified for reasonable legal costs incurred

(

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

(

b) in the defence of a criminal prosecution, if

the firefighter is found not guilty; and

(

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

(2) Indemnification under subsection (1) shall be made, in the case of a firefighter in a municipal fire department or local service district fire department, by that municipal corporation or local service district committee.

1996 cF-11.1 s4

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Liability

Section 4 of the Act does not relieve a municipal corporation or local service district committee of liability in respect of a tort committed by a firefighter to which the municipal corporation or local service district committee would otherwise be liable.

1996 cF-11.1 s5

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