Brunt and Kendall Act (Ensuring Safe Firefighter and Trainee Rescue Training), 2018 French, Jennifer K. — Bill 58 (41st Parliament, 3rd Session)

Bill 58, 41-3

Ontario — Bills

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Bill 58, Brunt and Kendall Act (Ensuring Safe Firefighter and Trainee Rescue Training), 2018

French, Jennifer K.

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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 Marshall 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

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

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

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 Marshall 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 Marshall of rescue

training courses that meet the minimum safety standards.

Section

11.6 provides for the licensing by the Fire Marshall 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 Marshall.

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 Marshall.

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 Marshall, 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;

(

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 58 2018

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

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

Minister of Community Safety and Correctional Services, the Minister of Labour,

the Minister of Advanced Education and Skills Development 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

Document details

Collection	Ontario — Bills
Citation	Bill 58, 41-3
Type	bill
Volume / chapter	p41 s3 bill 58 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d57ebed90591ad4382c94f6b4df9b1e494b773ec

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