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Bill 65, Brunt and Kendall Act (Ensuring Safe Firefighter and Trainee Rescue Training), 2021

French, Jennifer K.

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Acts affected

Original

Bill 65 Original (PDF)

EXPLANATORY

NOTE

The

Bill makes amendments to the Fire Protection and

Prevention Act, 1997 and to the Private Career

Colleges Act, 2005 to implement measures to provide for the safe

training of firefighters and firefighter trainees in rescue and emergency

services.

Fire Protection and Prevention Act, 1997

The

Bill amends the Fire Protection and Prevention Act, 1997

by adding a new

Part III.1 (sections 11.1 to 11.9) respecting rescue and

emergency services training. To support this, subsection 1 (1) is amended by

adding a definition of “rescue training course”, being a training course offered

or provided to firefighters, firefighter trainees or both in respect of one or

more rescue or emergency services referred to in clause (

c) of the definition

of “fire protection services” in that subsection, regardless of the planned or

expected duration of the course, whether the course offers single or

multi-skill training in respect of such services and whether or not a fee is

charged for the course. A definition of “firefighter trainee” is also added to

the subsection.

section 11.2, the Fire Marshal is required to develop and maintain minimum

safety standards for rescue training courses taken by or offered to

firefighters or firefighter trainees.

Section 11.2 also sets out requirements

respecting the development of the minimum safety standards that the Fire

Marshal is required to meet. The Fire Marshal must publish the minimum safety

standards on the website of the Office of the Fire Marshal.

Section 11.3

requires that a committee of subject-matter experts be established to conduct

reviews of the minimum safety standards and to make recommendations respecting

any necessary changes. The Fire Marshal is required to respond to the

recommendations and make any necessary changes to the minimum safety standards.

Section 11.4 provides for the certification by the Fire Marshal of rescue

training courses that meet the minimum safety standards.

Section

11.6 provides for the licensing by the Fire Marshal of rescue training courses

by private providers, a term that is defined in

section 11.1. A registry of

licensed private providers must be published on the website of the Office of

the Fire Marshal.

Section 11.7 sets out various requirements that apply in

relation to rescue training courses provided or offered by private providers,

including that private providers must enter into written contracts with

firefighters and firefighter trainees to whom they are to offer a rescue

training course, and that written confirmation of rescue training course

completion by a firefighter or firefighter trainee may only be obtained from the

Fire Marshal.

The

new

Part III.1 also provides,

(

a) for

a mandatory form to be signed by specified persons before a training course is

conducted in a rescue training course respecting, among other things, the roles

of responsibilities of persons offering the course in relation to the conduct

of the training exercise, including with respect to safety (section 11.5); and

(

b) for

the reporting of deaths and injuries resulting from activities undertaken

during a rescue training course (section 11.9).

Section

11.8 sets out prohibitions respecting matters such as offering or providing

rescue training courses that do not meet the minimum safety standards or that

are not certified by the Fire Marshal, or offering or providing a rescue

training course as a private provider without being licensed to do so. Under

section 28 of the Act, contravention of a prohibition in

section 11.8

constitutes an offence. Various complementary amendments are made to the Act’s

inspection and enforcement provisions (sections 19 to 26 of the Act).

Other

amendments to the Act include,

(

a) adding

a new subsection 6 (5.1) to require fire chiefs to ensure that rescue training

courses provided within a fire department are provided in accordance with the

requirements of the new

Part III.1; and

(

b) amending

subsection 78 (1) to add various regulation-making authorities relating to the

new

Part III.1.

Private Career Colleges Act, 2005

Complementary

amendments are made to the Private Career Colleges Act,

2005 to ensure that rescue training courses offered through a private

career college meet the requirements of

Part III.1 of the Fire

Protection and Prevention Act, 1997 , as amended by the Bill.

Commencement

Section

20 of the Bill provides that the above amendments would come into force on the

earlier of a day to be named by proclamation of the Lieutenant Governor and the

first anniversary of the day it receives Royal Assent.

Bill 65 2021

Act to amend the Fire Protection and Prevention Act, 1997 and the Private

Career Colleges Act, 2005 in relation to rescue and emergency services training

for firefighters and firefighter trainees

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Fire

Protection and Prevention Act, 1997

(1) Subsection 1 (1) of the Fire Protection and

Prevention Act, 1997 is amended by adding the following

definitions:

“firefighter

trainee” means a person who is not a firefighter but who is receiving training

in fire protection services in order to qualify to become a firefighter;

(“élève pompier”)

“rescue

training course” means a training course offered or provided to firefighters,

firefighter trainees or both in respect of one or more rescue or emergency

services referred to in clause (

c) of the definition of “fire protection

services” in this subsection, regardless of the planned or expected duration of

the course, whether the course offers single or multi-skill training in respect

of such services, and whether or not a fee is charged for the course; (“cours

de sauvetage”)

(2) Section

1 of the Act is amended by adding the following subsection:

Interpretation

of rescue

(1.1) Examples

of types of rescue referred to in clause (

c) of the definition of “fire protection

services” include ice, swift water, rope, trench or confined space rescue or

any other types of rescue traditionally conducted by firefighters, and include

any type of rescue identified by the National Fire Protection Association in

its standards as a type of rescue that constitutes a professional qualification

for fire fighters.

Section 6 of the Act is amended by adding the following subsection:

Duties

re rescue and emergency services training

(5.1) The

fire chief of a fire department shall ensure that every rescue training course

that is provided within the fire department is provided in accordance with the

requirements of

Part III.1.

(1) Clause 9 (2) (

d) of the Act is amended by adding “and for

firefighter trainees” after “for persons involved in the provision of fire

protection services”.

(2) Subsection

9 (2) of the Act is amended by adding the following clause:

(e.1) to

provide for the certification of rescue training courses and the licensing of

persons to provide such courses, and to perform such other duties as are set

out under

Part III.1;

The Act is amended by adding the following section:

Employees

10.1 The Fire Marshal may

employ such persons as the Fire Marshal considers necessary for the proper

functioning of the Office of the Fire Marshal.

The Act is amended by adding the following Part:

PART III.1

RESCUE AND EMERGENCY SERVICES TRAINING

Definitions

11.1 In this Part,

“minimum

safety standards” means the minimum safety standards for rescue training

courses that are developed or deemed to have been adopted under

section 11.2; (“normes

de sécurité minimales”)

“private

provider” means a person who offers or provides rescue training courses to

firefighters or firefighter trainees other than through a college of applied arts

and technology established under the Ontario Colleges of

Applied Arts and Technology Act, 2002 , through a private career college

registered under the Private Career Colleges Act, 2005 ,

or as a member of a fire department in the course of his or her duties. (“prestataire

privé”)

Minimum

safety standards

11.2

(1) The Fire

Marshal shall develop and maintain minimum safety standards for rescue training

courses.

Requirements

(2) In

developing minimum safety standards for rescue training courses, the Fire Marshal

shall,

(

a) ensure

that the safety standards meet or exceed any safety standards in respect of

such courses that may be set or recommended by the National Fire Protection

Association in its standards;

(

b) ensure

that the safety standards include specific requirements respecting use of or

access to safety or other equipment, location restrictions or any other

requirements or restrictions necessary to ensure the safety of persons to whom

rescue training courses are provided;

(

c) take

into account any relevant regional, municipal or other applicable contextual

factors, and provide for regional, municipal or other variances as needed; and

(

d) consult

with relevant subject-matter experts and stakeholders, including, as

applicable,

(

i) the

Solicitor General, the Minister of Labour, Training and Skills Development, the

Minister of Colleges and Universities or any other minister of the government

of Ontario,

(ii) the

Ontario Association of Fire Chiefs, the Ontario Professional Fire Fighters

Association and the Fire Fighters Association of Ontario, and

(iii) the

Ontario Fire Service Advisory Committee appointed under

section 21 of the Occupational Health and Safety Act .

Deemed

safety standards

(3) If

the Fire Marshal fails to develop a minimum safety standard with respect to a

type of rescue or emergency service that may be the subject of a rescue

training course, the Fire Marshal is deemed to have adopted as a minimum safety

standard any applicable safety standard set or recommended by the National Fire

Protection Association in its standards.

Same

(4) In

the event of a conflict between a minimum safety standard developed under

subsection (1) or deemed to have been adopted under subsection (3) and a

provision of the Occupational Health and Safety Act ,

the regulations made under it or any other Act or regulation, whichever of the

two provides the greater protection to persons to whom rescue training courses

are provided prevails and, in the event the provision prevails, the provision

is deemed to have been adopted as the minimum safety standard instead of the

standard developed under subsection (1) or deemed to have been adopted under

subsection (3).

Publication

(5) The

Fire Marshal shall publish the minimum safety standards on the website of the

Office of the Fire Marshal.

Review

by expert committee

11.3

(1) The

Minister shall establish a committee of subject-matter experts to conduct

reviews of the minimum safety standards and to make recommendations to the Fire

Marshal respecting any changes that may be required.

Periodic

review

(2) The

expert committee shall complete a review and make recommendations under

subsection (1) no later than 60 days after the National Fire Protection

Association updates its standards in relation to rescue and emergency services,

but in no event less frequently than at least once during every three-year

period after the committee is established.

Requested

review

(3) The

expert committee shall, no later than 60 days after a request of the Fire

Marshal to do so, review and make recommendations under subsection

(1) respecting any minimum safety standard or standards, or any issue relating to

the minimum safety standards, identified by the Fire Marshal when making the

request.

Review

of recommendations

(4) The

Fire Marshal shall, no later than six months after receiving the

recommendations of the expert committee,

(

a) review

the recommendations;

(

b) make

any necessary changes to the minimum safety standards and update the minimum

safety standards published on the website of the Office of the Fire Marshal

accordingly; and

(

c) report

in writing to the Minister respecting the changes and respecting any

recommendations that are not implemented, together with reasons in either case.

Publication

of report

(5) The

Fire Marshal shall publish every report to the Minister under clause (4) (

c) on

the website of the Office of the Fire Marshal.

Certification

of courses

11.4

(1) The Fire

Marshal shall provide for the certification of rescue training courses that,

(

a) demonstrably

meet the minimum safety standards; and

(

b) in

the case of rescue training courses offered or provided by a private provider,

are offered or provided by a private provider who is licensed under

section

11.6.

Prior

certification required

(2) A

rescue training course must be certified by the Fire Marshal before it may be

offered or provided to any person.

Changes

to course

(3) The

certification of a certified rescue training course is deemed to expire on the

making of any significant change to the course.

Exception

(4) Subsection

(3) does not apply if, before the change is made to the rescue training course,

a determination is made by the Fire Marshal that the course, as altered by the

proposed change, would continue to meet the minimum safety standards.

Recertification

following changes to standards

(5) The

certification of a certified rescue training course is deemed to expire six

months following the publication under subsection 11.3 (5) of a change by the

Fire Marshal to a minimum safety standard that is applicable to the course,

unless the course is recertified by the Fire Marshal before that time.

Revocation

of certification

(6) The

Fire Marshal may, in accordance with the regulations, revoke the certification

of a rescue training course,

(

a) if

the Fire Marshal makes, or receives notice of, an order under clause 21 (4) (

b) or (c);

(

b) if

the Fire Marshal determines, on the basis of information received under

section

11.9, that the rescue training course does not meet the minimum safety

standards; or

(

c) in

any other circumstances that may be prescribed.

Registry

of certified courses

(7) The

Fire Marshal shall maintain and publish on the website of the Office of the

Fire Marshal a registry of certified rescue training courses.

Acknowledgement

of roles and responsibilities

11.5 Every person who

provides a rescue training course and any other person specified by the Fire

Marshal shall, before a training exercise is conducted in the course, sign a

document, in the form specified by the Fire Marshal,

(

a) setting

out each person’s respective roles and responsibilities in relation to the

conduct of the training exercise, including roles and responsibilities

respecting safety during the training exercise and in the event of an emergency

during the training exercise;

(

b) specifying

which of the persons is in charge of conducting the training exercise; and

(

c) in

the case of a training exercise that is being conducted in a workplace within

the meaning of the Occupational Health and Safety Act ,

specifying the person in charge of the workplace.

Licensing

of private providers

11.6

(1) The Fire

Marshal may issue a licence authorizing a person to offer and provide rescue

training courses, if the person,

(

a) meets

the prescribed qualifications and requirements; and

(

b) applies

for the licence in accordance with the prescribed procedures and pays the

prescribed fees.

Conditions

(2) A

licence issued under this

section is subject to the following conditions:

1. That

the holder of the licence must offer and provide rescue training courses in

accordance with this Act and the regulations.

2. That

the holder must maintain liability insurance in the amount and in the form

required by the regulations.

3. That

the holder must, at any time while offering or providing a rescue training

course, have on his or her person the licence or a legible copy of the licence,

and must show the licence or copy to any firefighter or firefighter trainee who

is taking or may take the rescue training course on that person’s request.

4. That

the holder of the licence must co-operate with an inspector carrying out an

inspection under

section 19 or 20, and comply with any order of an inspector

under subsection 21 (4).

5. That

the holder of the licence must comply with any requirement under this Part to

provide information to the Fire Marshal.

6. That

the holder of the licence must pay any fees that may be prescribed, in the

manner and times that may be prescribed.

7. Any

other conditions that may be prescribed.

8. Any

other conditions that the Fire Marshal considers appropriate, including that a

licence applies only with respect to one or more rescue and emergency services,

as specified in the licence.

Non-transferable

(3) A

licence issued under this

section is not transferable.

Registry

of licence holders

(4) The

Fire Marshal shall maintain and publish on the website of the Office of the

Fire Marshal a registry of the holders of a licence issued under this

section

that includes, in respect of each holder,

(

a) the

qualifications of the holder to hold the licence;

(

b) the

date on which the holder’s licence was issued and last renewed;

(

c) any

conditions to which the holder’s licence is subject under paragraph 8 of

subsection (2);

(

d) whether

the holder’s licence is under suspension;

(

e) the

areas within Ontario in which the holder offers and provides rescue training

courses;

(

f) the

holder’s areas of speciality in rescue training, if any; and

(

g) any

other information that may be prescribed.

Requirement

to provide information

(5) The

Fire Marshal may require the holder of a licence to provide to the Fire Marshal

such information as the Fire Marshal may specify for the purposes of the

registry established under subsection (4).

Course

requirements, private providers

Contract

required

11.7

(1) A

private provider shall not provide a rescue training course to a firefighter or

firefighter trainee until they have entered into a written contract, in the

form specified by the Fire Marshal, for the provision of the course.

Record

of fees

(2) A

private provider shall issue to each firefighter or firefighter trainee to whom

the private provider provides a rescue training course for which a fee is

payable a written record of the fees paid by the firefighter or firefighter

trainee to the private provider with respect to the course, including any

refunds of such fees.

Confirmation

of course completion

(3) If

the Fire Marshal receives information in writing from a private provider that a

firefighter or firefighter trainee successfully completed a rescue training

course provided by the private provider and the Fire Marshal is satisfied that

the firefighter or firefighter trainee successfully completed the course, the

Fire Marshal shall issue to the firefighter or firefighter trainee written confirmation

of the successful completion.

Form

(4) The

Fire Marshal shall develop a standardized confirmation form for the purposes of

subsection (1).

Restriction

(5) Confirmation

of the successful completion of a rescue training course provided by a private

provider may only be issued by the Fire Marshal.

Prohibitions

Minimum

safety standards

11.8

(1) No

person shall offer or provide a rescue training course that does not meet the

minimum safety standards.

Certification

(2) No

person shall offer or provide a rescue training course that is not certified by

the Fire Marshal under

section 11.4.

Licensing

(3) No

private provider shall offer or provide a rescue training course without being

the holder of a valid licence issued under

section 11.6.

Confirmation

of course completion

(4) No

person shall issue or otherwise provide confirmation of the successful

completion of a rescue training course provided by a private provider, except

as provided under

section 11.7.

False

information

(5) No

person shall knowingly furnish false information to the Fire Marshal or to the

Office of the Fire Marshal,

(

a) in

attempting to obtain certification of a rescue training course under

section

11.4;

(

b) in

an application for a licence under

section 11.6;

(

c) in

providing information under

section 11.7 respecting the successful completion

of a rescue training course provided by a private provider; or

(

d) in

otherwise providing information under this Part to the Fire Marshal or to the

Office of the Fire Marshal.

Fraudulent

misrepresentation

(6) No

person shall fraudulently misrepresent,

(

a) that

a rescue training course offered or provided by the person meets the minimum

safety standards or is certified by the Fire Marshal under

section 11.4; or

(

b) that

the person is the holder of a valid licence issued under

section 11.6.

Reporting

of training deaths, injuries

11.9

(1) Every

person who provides a rescue training course shall notify the Fire Marshal in

writing of any death or injury sustained as a result of any activity undertaken

as part of the course.

Timing

(2) Notice

under subsection (1) shall be given as soon as possible after the occurrence of

the death or injury, but in no event later than 48 hours after the occurrence.

Additional

information

(3) The

Fire Marshal may require a person who provides information under subsection

(1) to provide any additional information respecting the death or injury or the

circumstances in which it occurred, and the person shall comply with any such

requirement within the times and in the manner specified by the Fire Marshal.

Publication

(4) The

Fire Marshal shall develop and maintain statistical records respecting the

deaths and injuries reported under this section, and shall publish the

statistical records on the website of the Office of the Fire Marshal.

Non-application

(5) This

section does not apply with respect to rescue training courses provided to

firefighters within fire departments.

Subsection 19 (2) of the Act is repealed and the following substituted:

Inspections

(2) An

inspector may, without a warrant, enter and inspect land and premises for the

purposes of,

(

a) assessing

fire safety; or

(

b) ensuring

compliance with the requirements of

Part III.1.

Subsection 20 (1) of the Act is amended by striking out “necessary to assess

fire safety” in the portion before clause (

a) and substituting “necessary to

assess fire safety or to ensure compliance with the requirements of

Part III.1,

as the case may be”.

(1) Subsection 21 (1) of the Act is amended by adding “for the purposes

of assessing fire safety” after “under

section 19 or 20” in the portion before

clause (a).

(2) Section

21 of the Act is amended by adding the following subsections:

Order

re rescue training course

(4) An

inspector who has carried out an inspection of land or premises under

section

19 or 20 for the purposes of ensuring compliance with the requirements of

Part

III.1 may order any person to immediately cease to offer or provide a rescue

training course, if the inspector determines that,

(

a) the

course is not certified under that Part;

(

b) the

course does not meet the minimum safety standards as defined in that Part, is

being conducted in an unsafe manner or is otherwise unsafe; or

(

c) the

course is being offered or provided by a private provider who is not licensed

under that Part.

Notice

of order

(5) If

an order is made under subsection (4) other than by the Fire Marshal, the

inspector shall promptly notify the Fire Marshal of the order.

(1) Section 23 of the Act is amended by striking out “subsection 21

(1) or (2)” in the portion before clause (

a) and substituting “subsection 21

(1), (2) or (4)”.

(2) Clause

23 (

c) of the Act is amended by striking out “the owner or occupant” and

substituting “the person named in the order”.

(1) Subsection 24 (1) of the Act is amended by adding “other than

subsection 21 (4)” after “under

section 21”.

(2) Section

24 of the Act is amended by adding the following subsection:

Order

under s. 21 (4)

(4) A

copy of an order made under subsection 21 (4) shall be served upon every person

who offers or provides the rescue training course.

(1) Subsection 25 (1) of the Act is amended by striking out

“subsection 21 (1) or (2)” and substituting “subsection 21 (1), (2) or (4)”.

(2) Subsection

25 (3) of the Act is amended by striking out “under subsection 21 (1) or (2)”.

Subsection 26 (1) of the Act is amended by striking out “subsection 21 (1) or

(2)” and substituting “subsection 21 (1), (2) or (4)”.

Section 30 of the Act is amended by adding the following subsection:

Exception,

orders under s. 21 (4)

(2) Despite

subsection (1), a person who is guilty of failing to comply with an order made

under subsection 21 (4) is, on conviction, liable to a penalty set out in subsection

28 (3) or in subsection 28 (4), as the case may be.

Clause 31 (1) (

a) of the Act is amended by adding “other than subsection 21

(4)” after “under

section 21”.

(1) Clause 78 (1) (

k) of the Act is repealed and the following

substituted:

(

k) respecting

practices and standards for fire protection services and certification and

training of firefighters, including full-time, volunteer and part-time

firefighters, and firefighter trainees;

(k.1) exempting

any rescue training course or class of rescue training courses from the application

of all or any portion of

Part III.1;

(k.2) governing

the revocation of certifications of rescue training courses under subsection

11.4 (6), including specifying any related notice or publication requirements;

(k.3) governing

licences under

section 11.6, including,

(

i) governing

the issuance, renewal, suspension and revocation of licences, including setting

out conditions to which such licences are subject,

(ii) governing

appeals from a refusal to issue or renew a licence or from a suspension or

revocation of a licence and a right to be heard in respect of a proposal to

refuse to issue or renew or to suspend or revoke a licence, including

prescribing circumstances in which there is no right to an appeal or to be heard;

(k.4) governing

complaints against holders of a licence under

section 11.6;

(2) Subsection

78 (1) of the Act is amended by adding the following clause:

(m.1) prescribing

anything that is required or permitted to be prescribed or that is required or

permitted to be done in accordance with the regulations;

(3) Section

78 of the Act is amended by adding the following subsection:

Same

(3) Nothing

in clause (1) (

k) authorizes the making of a regulation that conflicts with

Part III.1 in relation to the training of firefighters or firefighter trainees

in rescue and emergency services, but regulations may be made under that clause

supplementing the provisions of that Part.

Private

Career Colleges Act, 2005

Section 23 of the Private Career Colleges Act, 2005

is amended by adding the following subsection:

Rescue

training courses

(4.1) The

Superintendent shall not approve the provision of a rescue training course, as

defined in the Fire Protection and Prevention Act, 1997 ,

by a private career college unless the course is certified under

Part III.1 of

that Act.

Section 24 of the Act is amended by adding the following subsection:

Rescue

training courses

(1.1) The

Superintendent shall revoke a private career college’s approval to provide a

rescue training course, as defined in the Fire Protection

and Prevention Act, 1997 , if the course ceases to be certified under

Part III.1 of that Act.

Section 53 of the Act is amended by adding the following subsection:

Exception,

rescue training courses

(1.0.1) Clause

(1) (

c) does not apply with respect to approvals relating to rescue training

courses, as defined in the Fire Protection and Prevention

Act, 1997 .

Section 55 of the Act is amended by adding the following subsection:

Limitation,

rescue training courses

(1.1) A

regulation made under paragraph 2 of subsection (1) may not provide that a

rescue training course, as defined in the Fire Protection

and Prevention Act, 1997 , is not a vocational program.

Commencement

and

Short Title

Commencement

This Act comes into force on the earlier of a day to be named by proclamation

of the Lieutenant Governor and the first anniversary of the day it receives

Royal Assent.

Short

title

The

short title of this Act is the Brunt and Kendall Act

(Ensuring Safe Firefighter and Trainee Rescue Training), 2021 .

Date Bill stage Event Outcome Committee

December 1, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 1, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 65

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Fire Protection and Prevention Act, 1997

Private Career Colleges Act

Legislative Assembly of Ontario

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