|
|
 |
 |
|
| |
|
City of Toronto Council and Committees |
| |
|
All Council and Committee documents are available from the City of Toronto Clerk's office. Please e-mail clerk@toronto.ca.
|
| |
|
Back to 1998 By-laws index
Authority: Emergency and Protective Services Committee Report No. 3(5), April 16, 1998
Intended for first presentation to Council: April 16, 1998
Adopted by Council: April 16, 1998 CITY OF TORONTO
BY-LAW No. 132-1998
To establish a fire department for the City of Toronto.
WHEREAS subsection 2(1) of the Fire Protection and Prevention Act, 1997 requires every
municipality to establish a program in the municipality which must include public education with
respect to fire safety and certain components of fire prevention and to provide such other fire
protection services as it determines may be necessary in accordance with its needs and
circumstances; and
WHEREAS subsection 2(2) of the Fire Protection and Prevention Act, 1997 permits a
municipality, in discharging these responsibilities, to establish a fire department; and
WHEREAS subsection 5(1) of the Fire Protection and Prevention Act, 1997 requires a fire
department to provide fire suppression services and permits the fire department to provide other
fire protection services in the municipality; and
WHEREAS paragraph 31 of section 210 of the Municipal Act permits the council of a local
municipality to pass a by-law for providing for fire-fighting and fire protection services and
for establishing, operating, promoting and regulating life and property savings companies; and
WHEREAS subsection 2(1) of the City of Toronto Act, 1997 incorporated the City of Toronto
as a body corporate on January 1, 1998; and
WHEREAS subsection 2(2) of the City of Toronto Act, 1997 makes the City of Toronto a city
and a local municipality for all purposes; and
WHEREAS subsection 2(4) of the City of Toronto Act, 1997 provides that the City of Toronto
stands in the place of the old municipalities of the former Metropolitan Toronto; and
WHEREAS subsection 2(7) of the City of Toronto Act, 1997 provides that every by-law or
resolution of an old council of an old municipality of the former Metropolitan Toronto that was
in force before January 1, 1998, is considered to be a by-law or resolution of the Council of the
City of Toronto and remains in force in respect of the geographic area of the old municipality to
which it applied until the Council of the City of Toronto repeals it or amends it to provide
otherwise; and
WHEREAS the fire departments of the six old area municipalities of the former Metropolitan
Toronto were established by by-law of the old councils of the old area municipalities and these
by-laws remain in force; and
WHEREAS the Council of the City of Toronto intends to establish a single fire department
in place of the fire departments of the six old area municipalities of the former Metropolitan
Toronto;
The Council of the City of Toronto HEREBY ENACTS as follows:
1. Definitions
In this By-law, unless the context requires otherwise,
(a) Budget Committee means the Budget Committee established by the Council;
(b) charges , in relation to section 14, include any interest payable pursuant
to subsection 14(10) and any costs incurred by the City pursuant to
subsection 14(13);
(c) City means the City of Toronto;
(d) City of Toronto Act, 1997 means the City of Toronto Act, 1997, S.O. 1997,
c. 26, c.2 (as may be amended or replaced from time to time);
(e) Chief Administrative Officer means the person hired as the first Chief
Administrative officer for the City by the transition team appointed by the
Lieutenant Governor in Council under the City of Toronto Act, 1997, in
respect of whom the City is deemed under that Act to have taken all steps
required to appoint this person to that office and whose duties and
responsibilities are prescribed in By-law No. 2-1998 adopted by the Council
on January 6, 1998 (as may be amended or replaced from time to time), and
any successor to the first Chief Administrative Officer appointed by the
Council under the Municipal Act;
(f) Council means the council of the City of Toronto;
(g) Deputy Fire Chief means a person appointed as a Deputy Fire Chief by the
Chief Administrative Officer under this By-law;
(h) Division means a Division of the Fire Department as provided for in this
By-law;
(i) Emergency and Protective Services Committee means the Emergency and
Protective Services Committee established by the Council;
(j) fee or fee for services , in relation to section 14, means any fee
imposed for services under and billed pursuant to subsection 14(5);
(k) Fire Chief means the person hired as the first Fire Chief for the Fire
Department by the transition team appointed by the Lieutenant Governor in
Council under the City of Toronto Act, 1997, in respect of whom the City is
deemed under that Act to have taken all steps required to appoint this
person to that office, and any successor to the first Fire Chief appointed
by the Council (on the recommendation of the Chief Administrative Officer)
under the Fire Protection and Prevention Act, 1997;
(l) Fire Department means the fire department of the City of Toronto and
includes the firefighters and administrative support staff that comprise
it, but, in sections 12 to 21, inclusive, and section 23, Fire Department
does not include administrative support staff;
(m) Fire Protection and Prevention Act, 1997 means the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4, as may be amended from time to time,
or any successor legislation, and any regulation made thereunder;
(n) Fire Protection Services include fire suppression, fire prevention, fire
safety education, communication, training of persons involved in the
provision of fire protection services, rescue and emergency services and
the delivery of all those services;
(o) firefighter means a person employed in, or appointed to, the Fire
Department and assigned to undertake Fire Protection Services and includes
an officer, but does not include a volunteer firefighter and administrative
support staff;
(p) member means a firefighter other than an officer;
(q) Municipal Act means the Municipal Act, R.S.O. 1990, c. M.45, as may be
amended from time to time, or any successor legislation, and any regulation
made thereunder;
(r) officer means the Fire Chief, a Deputy Fire Chief, division chief, senior
divisional chief, platoon chief, district chief, captain and such other
person as may be designated as an officer from time to time by the Council;
(s) owner , in relation to section 14, means a person who is shown as the
assessed owner or tenant of the building or yard in the assessment rolls
for the City and includes the registered owner or mortgagee in possession
of such property and includes a person in actual occupation of the land on
which the building is situated or that constitutes the yard,
(i) under an agreement with the assessed owner for the purchase of it,
or
(ii) sold by the Director in accordance with the Veterans' Land Act
(Canada), R.S.C. 1970, c. V-4 (as may be amended or replaced from
time to time),
but
(iii) in the case of a condominium building, means the condominium
corporation having control of the common elements of the building;
and
(t) rescue and emergency services include any life or property saving
activity that is unrelated to fire suppression and fire prevention.
2. Establishment
The Fire Department is established under the direction of the Fire Chief to provide
Fire Protection Services for the City, and replaces the fire departments of the old area
municipalities of the former Metropolitan Toronto, to wit, The Corporation of the Borough of East
York, The Corporation of the City of Etobicoke, The Corporation of the City of North York, The
Corporation of the City of Scarborough, The Corporation of the City of Toronto, and The
Corporation of the City of York .
3. Composition
The Fire Department shall consist of the Fire Chief and such number of Deputy Fire
Chiefs, senior divisional chiefs, platoon chiefs, division chiefs, district chiefs, captains and
other officers, members, and clerical staff, including an executive assistant to the Fire Chief,
as may be authorized or considered necessary from time to time by the Council or by the Chief
Administrative Officer, for the Fire Department to perform Fire Protection Services for the City
efficiently and effectively.
4. Employment
The Fire Chief may recommend to the Chief Administrative Officer the employment in,
or the appointment to the Fire Department, as the case may be, of any person, as an officer or
member or as administrative support staff, who meets the qualifications and, if applicable,
completes successfully criteria (including without limitation training courses and physical,
skills and other examinations) and otherwise satisfies any hiring policies, practices or
procedures established or approved by the Council for such employment or appointment.
5. Terms and Conditions of Employment
Subject to the Fire Protection and Prevention Act, 1997, the remuneration and other
terms and conditions of employment or appointment of the officers, members and administrative
support staff that comprise the Fire Department shall be determined by the Council or by the Chief
Administrative Officer acting in accordance with policies and programs established or approved by
the Council.
6. Organization
(1) The Fire Department shall be organized into Divisions such as:
(a) Fire Prevention & Public Safety,
(b) Fire Suppression,
(c) Training,
(d) Mechanical and Maintenance,
(e) Communications, and
(f) Administrative Services.
(2) The Fire Chief, with the prior approval of the Chief Administrative
Officer, may re-organize or eliminate Divisions or establish other Divisions or may do all or any
of these things or any combination of them as may be required to ensure the proper administration
and efficient operation of the Fire Department and the effective management of Fire Protection
Services for the City.
(3) The Fire Chief may assign or re-assign such officers to a Division to
assist him or her in the administration and operation of that Division.
7. Reporting
The Fire Chief shall report to the Emergency and Protective Services Committee on
matters pertaining to the Fire Department unless otherwise directed by the Council or provided for
in this By-law.
8. Responsibilities and Authority of Fire Chief
(1) The Fire Chief shall be the head of the Fire Department and shall be
responsible for its proper administration and efficient operation.
(2) The Fire Chief shall be authorized to make such general orders, policies,
procedures, rules, and regulations and to take such other measures as the Fire Chief may consider
necessary for the proper administration and efficient operation of the Fire Department and the
effective management of the Fire Protection Services for the City and for the prevention, control
and extinguishment of fires, the protection of life and property, and the management of
emergencies within the territorial jurisdiction of the City and, without restricting the
generality of the foregoing,
(a) for the care and protection of all property belonging to the Fire
Department;
(b) for arranging for the provision of necessary and proper facilities,
apparatus, equipment, materials, services and supplies for the Fire
Department;
(c) for determining and establishing the qualifications and criteria for
employment or appointment and the duties of all officers, members
and administrative support staff of the Fire Department;
(d) for the conduct and the discipline of officers, members and
administrative support staff of the Fire Department;
(e) for preparing and, upon approval by the Council, implementing and
maintaining an emergency fire service plan and program for the City;
(f) for coordinating any emergency fire service plan and program adopted
or to be adopted by the Council with (and assisting in the
preparation, implementation and maintenance of) any emergency plans,
organizations, services or measures established or to be established
by the City, alone or with others, and, if so requested or required,
any emergency plan established or to be established by the Province
of Ontario or the Government of Canada and for coordinating with and
assisting any other public official in an emergency declared by the
mayor of the City, the Premier of Ontario or the Governor in
Council;
(g) for reporting to the appropriate crown attorney or other prosecutor
or law enforcement or other officer the facts upon the evidence in
any case in which there is reason to believe that a fire has been
the result of criminal intent or negligence or in which there is
reason to believe an offence has been committed under the Fire
Protection and Prevention Act, 1997;
(h) for keeping an accurate record, in convenient form for reference, of
all fires, rescues and emergencies responded to by the Fire
Department;
(i) for keeping such other records as may be required by the Council;
(j) for preparing and presenting the annual report of the Fire
Department to the Emergency and Protective Services Committee and
the Council; and
(k) for preparing and presenting the annual estimates of the Fire
Department to the Emergency and Protective Services Committee, the
Budget Committee and the Council and for exercising control over the
budget approved by the Council for the Fire Department,
provided that such general orders, policies, procedures, rules, regulations, and other measures do
not conflict with the provisions of this By-law or any other by-law of the City, including without
limitation those requiring the prior approval of or prior notice to the Council or the
satisfaction of certain conditions (general or otherwise) specified by the Council before such
measures can be implemented, or with the provisions of the Fire Protection and Prevention Act,
1997 or with the provisions of any collective agreement or other written agreement that may be
applicable.
(3) The Fire Chief shall be responsible for the enforcement of this By-law and
all general orders, policies, procedures, rules, and regulations made under this By-law and for
the enforcement of any other by-laws of the City respecting Fire Protection Services, and shall
review periodically such laws (and may for this purpose, establish an advisory committee
consisting of such officers and other persons (including members of the general public) as the
Fire Chief may determine from time to time to assist him or her in the discharge of this duty)
and, in the case of such by-laws (including this By-law), recommend to the Council such amendments
as the Fire Chief considers appropriate and, in the case of general orders, policies, procedures,
rules, and regulations made under this By-law, revise or terminate any of them if the Fire Chief
considers it appropriate.
(4) The Fire Chief shall have all powers, rights and duties assigned to a fire
chief under the Fire Protection and Prevention Act, 1997, including without limitation the
authority to enforce compliance with the fire code made under the Act.
(5) The Fire Chief shall have all of the duties and responsibilities of the
Metropolitan Toronto Fire Coordinator for the purposes of Metropolitan Toronto By-law No. 31-96.
(6) The Fire Chief shall provide liaison with any union representing officers,
members or administrative support staff of the Fire Department or any of them.
(7) The Fire Chief shall provide liaison with the Office of the Fire Marshal of
Ontario and any other office or organization as required by the Council or as considered necessary
or advisable by the Fire Chief for the proper administration and efficient operation of the Fire
Department and the effective management of the Fire Protection Services for the City.
(8) The Fire Chief may utilize such officers, members and administrative
support staff of the Fire Department as the Fire Chief may determine, from time to time, to assist
in the performance of his or her duties.
9. Deputy Fire Chief
(1) The Deputy Fire Chief shall be the second ranking officer of the Fire
Department and shall be subject to and shall obey all orders of the Fire Chief and shall perform
such duties as are assigned to him or her by the Fire Chief and shall, when the Fire Chief is not
on duty, have the powers and perform the duties of the Fire Chief.
(2) Where more than one Deputy Fire Chief has been appointed, when the Fire
Chief is not on duty, the duties of the Fire Chief shall be performed by each of the Deputy Fire
Chiefs from time to time on a rotating basis or such other basis as may be determined by the Fire
Chief.
10. Supervision
The officers, members and administrative support staff of the Fire Department while
on duty shall be under the direction and control of the Fire Chief or the next ranking officer
present in any place.
11. General Duties and Responsibilities
Every officer, member and administrative support staff person shall conduct himself
or herself in accordance with general orders, policies, procedures, rules, and regulations made by
the Fire Chief under section 8(2), and shall give his or her other whole and undivided attention
while on duty to the efficient operation of the Fire Department (and, in particular, shall use
best efforts to see that all fires are extinguished with the least possible injury to persons and
damage to property and to prevent unnecessary damage to property by water and other fire
suppression methods) and shall diligently, cheerfully and faithfully perform the duties assigned
to him or her to the best of his or her ability and in accordance with the Fire Protection and
Prevention Act, 1997 and any collective agreement or other written agreement that may be
applicable.
12. Property
(1) No person shall apply any apparatus, equipment or other property of the
Fire Department to any personal or private use.
(2) No person shall wilfully damage or render ineffective or inoperative any
apparatus, equipment or other property belonging to the Fire Department.
13. Fire Suppression
(1) The Fire Department may suppress any fire or other hazardous condition by
extinguishing it or by other reasonable action, and, for this purpose, may enter private
property, if necessary, to do so.
(2) The Fire Department may pull down or demolish any building or structure
when considered necessary to prevent the spread of fire.
(3) The Fire Department may require other persons present at a fire to assist
in,
(a) extinguishing fires;
(b) pulling down or demolishing buildings or structures to prevent the
spread of fire;
(c) crowd and traffic control; or
(d) other reasonable ways.
14. Unsafe Conditions
(1) No person shall permit any building or yard to be kept in an unsafe
condition that may result in fire or other dangerous risk or accident.
(2) Where the Fire Department finds that a building or a yard is in an unsafe
condition as described in subsection 14(1), it may give the owner of the building or yard an order
in writing specifying the unsafe condition and directing remedial action within such time as is
specified in the order.
(3) In the event of an emergency, the order under subsection 14(2) may specify
immediate compliance, and, where the owner is not available to receive the order, it shall be
sufficient notice if the order is posted on the premises, but, in all other cases, notice of the
order shall be sufficiently given to the owner by personal service on the owner or the occupant of
the building or yard or by regular letter mail, in which event service shall be deemed to have
been made on the third day after the day of mailing, or by electronic transmission or telephone
transmission of a facsimile, in which event service shall be deemed to have been made on the first
day after the day of transmission, or by some other method that allows proof of receipt.
(4) Where the owner does not comply with the order made under subsection 14(2)
with the time specified in the order, or immediately in the event of an emergency, in addition to
the City prosecuting the contravention of this order as an offence, the Fire Department on behalf
of the City may take such action as may be considered necessary to guard against fire or other
dangerous risk or accident, which may include without limitation the boarding up or barricading of
the building or yard.
(5) Any expense incurred by the Fire Department for any action taken under
subsection 14(4) shall be considered a fee imposed for services provided or done by or on behalf
of the City under the Municipal Act and shall be billed as a fee for services to the owner of the
building or yard, as the case may be.
(6) The methods of service provided for in subsection 14(3) for all other
cases have equal application to the service of invoices for services billed under subsection
14(5).
(7) Where there is more than one owner, their liability for payment under
subsection 14(5) shall be joint and several.
(8) Any invoice for services billed pursuant to subsection 14(5) shall describe
the service provided or done by the Fire Department, when and where the service was provided or
done, the reason for the service, the fee for the service, the terms of payment of the fee
prescribed in this section, and the consequences of failing to pay the fee for the service as
provided for in this section.
(9) The fee for services shall be payable to the City, by cash, money order,
cheque or credit card, no later than thirty days from the date of the invoice for the service.
(10) Where the fee for services remains unpaid, in whole or in part, for a
period in excess of thirty days from the date of the invoice for the service, the owner shall pay,
in addition to the outstanding balance of the fee, interest on the outstanding balance, such
interest to be calculated at a rate equal to the prime lending rate charged to the City by its
banker from time to time plus one percent (1%) per annum.
(11) The fee for services, plus any interest that may have accrued on the
outstanding balance under subsection 14(10), shall constitute a debt of the owner to the City.
(12) The City may take such action as it considers necessary and as is permitted
by law to collect the debt constituted under subsection 14(11).
(13) The owner shall be liable to pay to the City any costs incurred by the City
in collecting the debt constituted under subsection 14(11); and such costs shall also constitute a
debt of the owner to the City; and subsection 14(12) shall apply to the recovery of such costs,
with necessary modifications.
(14) Without restricting the generality of subsections 14(12) and (13), where
the fee for services or charges or all or any of them remains unpaid, in whole or in part, for a
period in excess of ninety days, such fee or charges or all or any of them shall be added to the
tax roll for any real property within the territorial limits of the City owned, in whole or in
part, by the owner and shall be collected in a like manner as municipal taxes.
(15) All of the owners of the real property to which tax roll the fee for
services or charges or any or all of them were added pursuant to subsection 14(14) shall be liable
jointly and severally for paying such fee and charges, and such fee and charges shall be collected
in a like manner as municipal taxes.
(16) Subsections 14(14) and (15) do not apply to a fee or charge for services
provided or done to a condominium building, which fee or charge may be recovered by action.
(17) Nothing in this section prevents the City from prosecuting a contravention
of subsection (1) or a contravention of an order made under subsection 14(2) as an offence.
(18) Nothing in this section derogates from any powers, rights or duties of the
Fire Chief or his or her delegate under the Fire Protection and Prevention Act, 1997.
15. Refusal to Assist
No person present at a fire shall refuse to assist in,
(a) extinguishing fires;
(b) pulling down or demolishing buildings or structures to prevent the spread
of fires;
(c) crowd and traffic control; or
(d) other reasonable ways,
if required to do so by the Fire Department.
16. Refusal to Leave
Despite section 17, no person present at a fire shall refuse to leave the immediate
vicinity when required to do so by the Fire Department.
17. Conduct at Fires
(1) During a fire and for the time after it has been extinguished that is
required to remove the apparatus and equipment of the Fire Department and render the location and
vicinity safe from fire, no person, either on foot or with a vehicle of any kind, shall enter or
remain upon or within,
(a) The portion of any street or lane upon which the site of the fire
abuts or upon any street or lane for a distance of fifteen (15)
metres on each side of the property damaged by fire; or
(b) Any additional street or lane or part of a street or lane or any
additional limits in the vicinity of the fire as may be prescribed
by the Fire Chief or the next ranking officer present at the fire.
(2) The provisions of subsection (1) shall not apply to a resident of any
street or lane or within any prescribed additional limit or to any person so authorized to enter
or remain by an officer of the Fire Department or by a police officer.
18. Inspection of Premises and By-law Enforcement
Such officers and firefighters of the Fire Department who have been appointed for
this purpose shall be authorized to enter at all reasonable times upon any property to ascertain
whether this By-law or any other by-law of the City respecting Fire Protection Services is being
obeyed, and to enforce or carry into effect such by-laws.
19. Interference
No person shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
20. Responding to Rescues and Emergencies
(1) The Fire Department may respond to rescues and emergencies other than fires
with the approval of the Fire Chief or, when the Fire Chief is not on duty, the next ranking
officer.
(2) Where the Fire Department responds to rescues or emergencies as provided
for under subsection (1), sections 12 to 19, inclusive, apply with necessary modifications.
21. Fire Alarm
No person shall prevent, obstruct or interfere in any manner whatsoever with the
communication of a fire alarm to the Fire Department or with the Fire Department responding to a
fire alarm that has been activated.
22. Offences
Every person who contravenes any of sections 12 and 13, subsection 14(1),
sections 15 and 16, subsection 17(1) and sections 19 to 21, inclusive, or who contravenes an order
made under subsection 14(2) is guilty of an offence and on conviction is liable to the penalty
established by the Provincial Offences Act, R.S.O. 1990, c. P.33 (as may be amended or replaced
from time to time), being on the date of enactment of this By-law, a fine not exceeding $5,000
exclusive of costs.
23. Outside Fires and Emergencies
Subject to any agreement entered into by the City of Toronto under the Fire
Protection and Prevention Act, 1997 or by any of the six old area municipalities of the former
Metropolitan Toronto under this Act or any predecessor legislation and still in force, and subject
to any mutual aid plan established under the Fire Protection and Prevention Act, 1997 or any
predecessor legislation and still in force, and subject to any procedures established by the Fire
Chief to deal with such situations, the Fire Department may respond to fires and rescues and
emergencies outside of the territorial limits of the City of Toronto or receive Fire Protection
Services from a fire department situated outside of the territorial limits of the City of Toronto.
24. Distinguished Service
A person who distinguishes himself or herself at a fire, rescue or emergency by
performing a gallant or heroic act shall be eligible to receive a medal or other reward as the
Council may direct on the recommendation of the Fire Chief.
25. Conflict
Where this By-law may conflict with any other by-law setting out the powers and
duties of a municipal officer or a municipal department, this By-law shall supersede and prevail
over that other by-law to the extent of the conflict.
26. Number and Gender
Unless the contrary intention appears, words importing the masculine gender include
the feminine or neuter gender and words in the singular include the plural, and vice versa.
27. Severability
If any section or part of this By-law is found to be illegal or beyond the power of
the City's council to enact, such section or part or item shall be deemed to be severable and all
other sections or parts of this By-law shall be deemed to be separate and independent therefrom
and to be enacted as such.
28. Repeal
(1) By-law No. 4-88 of The Corporation of the Borough of East York, By-laws
Nos. 222, 1981-125 and 1981-126 of The Corporation of the City of Etobicoke, By-law No. 31662 of
The Corporation of the City of North York, By-law No. 22098 of The Corporation of the City of
Scarborough, By-law No. 1994-0715 of The Corporation of the City of Toronto, By-law No. 1222-87 of
The Corporation of the City of York, and any amendments thereto, all of which were passed by the
councils of the old area municipalities of the former Metropolitan Toronto and all of which were
in force immediately before the coming into force of the City of Toronto Act, 1997 and, by virtue
of section 2(7) of the Act, are deemed to be by-laws of the Council and remain in force in respect
of the part of the urban area to which they applied immediately before the coming into force of
the Act, are repealed.
(2) Any other by-law (or part of it) and any resolution of any of the six old
area municipalities of the former Metropolitan Toronto relating to the establishment of a fire
department (and any amendments thereto) and not expressly mentioned in subsection (1) are also
repealed.
(3) This By-law does not repeal Metropolitan Toronto By-law No. 31-96, which
remains in force until expressly repealed or replaced by the Council.
(4) This By-law supersedes By-law No. 6-1998 of the City of Toronto adopted by
the Council on January 6, 1998.
ENACTED AND PASSED this 16th day of April, A.D. 1998.
CASE OOTES, NOVINA WONG,
Deputy Mayor City Clerk
(Corporate Seal)
|
| |
|
Please note that council and committee documents are provided electronically for information only and do not retain the exact structure of the original versions. For example, charts, images and tables may be difficult to read. As such, readers should verify information before acting on it. All council documents are available from the City Clerk's office. Please e-mail clerk@toronto.ca. |
|
