Volunteer Firefighters Employment Protection Act, 2004 Arnott, Ted — Bill 52 (38th Parliament, 1st Session)

Bill 52, 38-1

Ontario — Bills

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Bill 52, Volunteer Firefighters Employment Protection Act, 2004

Arnott, Ted

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[38] Bill 52 Original (PDF)

Bill 52 2004

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:

Employment protection for volunteer firefighters

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 a day to be named by proclamation of the Lieutenant Governor.

Short title

3. The

short title of this Act is the Volunteer Firefighters Employment Protection Act, 2004 .

EXPLANATORY NOTE

The Bill amends the Fire Protection and Prevention Act, 1997 with respect to salaried firefighters who also work as volunteer firefighters. 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. The person is also entitled to fair representation by the association. A person who believes

that any of these rights has been contravened may file a complaint with the Ontario Labour Relations Board.

Date Bill stage Activity Committee

April 7, 2004

First Reading

Carried

Debates and Progress

First Reading

April

7, 2004

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Proclamation

Acts Affected: 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

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Document details

Collection	Ontario — Bills
Citation	Bill 52, 38-1
Type	bill
Volume / chapter	p38 s1 bill 52 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	c299f74afbbeebda48d0bd38d98504b66f69c971

Source file is stored in the law ingest library (html).