jswizzle3737/ontario_laws_and_regs huggingface dataset:
36 (1) A person to whom an order to pay costs is issued may, by written notice served on the person who issued the order and on the Fire Safety Commission within 15 days after service on the person of a copy of the order, require a hearing by the Commission. 1997, c. 4, s. 36 (1). Costs specified in order to pay may be increased by Commission (2) At a hearing by the Fire Safety Commission on an order to pay costs, the Fire Marshal or an assistant to the Fire Marshal or a fire chief may, on reasonable notice to all parties, ask the Commission to amend the order by adding new items of cost or by increasing the amounts set out in the order. 1997, c. 4, s. 36 (2). What Commission may consider at hearing (3) At a hearing by the Fire Safety Commission on an order to pay costs, the Commission shall consider only whether any of the costs specified in the order, (a)  are unreasonable having regard to what was done; or (b)  do not relate to a thing, (i)  that the person to whom the order to pay costs was issued was required to do by an order made under subsection 21 (1) or (2) or section 25 or 26 or on any appeal from any such order, (i.1)  that was done to cause land or premises to be closed immediately under clause 21 (2) (b), or (ii)  that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under section 15. 1997, c. 4, s. 36 (3); 2023, c. 12, Sched. 4, s. 3. Appeal to Divisional Court (4) Any party to a hearing by the Fire Safety Commission on an order to pay costs may appeal from the decision of the Commission to the Divisional Court on any question that is not a question of fact alone. 1997, c. 4, s. 36 (4). Idem (5) Subsections 27 (2) and (3) apply with necessary modification to an appeal under subsection (4).  1997, c. 4, s. 36 (5). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 3 - 08/06/2023
37 (1) An order to pay costs may be filed with the Superior Court of Justice and enforced as if it were an order of the court.  1997, c. 4, s. 37 (1); 2002, c. 18, Sched. N, s. 11. Interest (2) Section 129 of the Courts of Justice Act
applies in respect of an order filed under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order.  1997, c. 4, s. 37 (2). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 11 - 26/11/2002
39 (1) The Fire Marshal, an assistant to the Fire Marshal or a fire chief may give written notice to the Minister of Finance of the amount of any of the following expenses incurred by the Province of Ontario that relate to things done in connection with the land and premises in territory without municipal organization, requesting the collection of the amount under the Provincial Land Tax Act, 2006: 1.  Expenses incurred in carrying out an order made under subsection 31 (3) that relates to the land or premises. 2.  Where an order to pay costs has been issued under section 35 to a person who owns the lands or premises in territory without municipal organization, i.  expenses incurred in doing anything done in accordance with an authorization given under section 33 to do things to the land or premises, i.1  expenses incurred in doing anything to cause land or premises to be closed immediately under clause 21 (2) (b), or ii.  expenses incurred in doing a thing under section 15 in order to remove or reduce an immediate threat to life on the land or premises.  1997, c. 4, s. 39 (1); 2006, c. 33, Sched. Z.3, s. 12 (1); 2023, c. 12, Sched. 4, s. 5. Same (2) When the Minister of Finance receives notice of an amount under subsection (1), the amount may be collected under the Provincial Land Tax Act, 2006 as if the amount was a tax imposed under that Act.  2006, c. 33, Sched. Z.3, s. 12 (2). (3) Repealed:  2006, c. 33, Sched. Z.3, s. 12 (2). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. Z.3, s. 12 (1, 2) - 01/01/2009 2023, c. 12, Sched. 4, s. 5 - 08/06/2023
40 The amount to be recovered by way of municipal taxes against land or premises under section 38 or 39 shall include all expenses incurred in doing any thing in connection with the land or premises that the Fire Marshal, an assistant to the Fire Marshal or a fire chief was authorized to do under an order or authorization referred to in subsection 38 (1), whether or not the thing was done on the land or premises.  1997, c. 4, s. 40. PART IX 
FIREFIGHTERS: EMPLOYMENT AND LABOUR RELATIONS Definitions
41 (1) In this Part, “association” means an association of firefighters that is entitled under section 46 to represent and act as the bargaining agent for firefighters in a bargaining unit for the purposes of collective bargaining under this Part; (“association syndicale”) “Board” means the Ontario Labour Relations Board; (“Commission”) “collective agreement” means an agreement in writing between an employer and a bargaining agent that represents firefighters employed by the employer containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the bargaining agent or the firefighters; (“convention collective”) “employer” means a municipality, person or organization that employs firefighters; (“employeur”) “firefighter” means a person regularly employed on a salaried basis in a fire department and assigned to fire protection services and includes technicians but does not include a volunteer firefighter; (“pompier”) “Minister” means the Minister of Labour; (“ministre”) “trade union” means a trade union as defined in the Labour Relations Act, 1995. (“syndicat”) 1997, c. 4, s. 41 (1); 2015, c. 34, Sched. 1, s. 2. Managers not firefighters (2) For the purposes of this Part, a person shall be deemed not to be a firefighter if, (a)  in the opinion of the Board, he or she exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations; or (b)  he or she is a person designated under subsection 54 (4). 1997, c. 4, s. 41 (2). Volunteer firefighter work (2.1) For greater certainty, references in sections 46.4 and 52.2 to a volunteer firefighter include a person who is also regularly employed on a salaried basis in a fire department and assigned to fire protection services, including a technician, in a different fire service, regardless of whether the services provided as a volunteer firefighter are within the jurisdiction, or otherwise adversely affects the interests, of any association. 2018, c. 17, Sched. 18, s. 1. Application of LRA, 1995 (3) Sections 110 to 112, subsections 114 (1) and (3), sections 116 to 118 and 120 to 123 of the Labour Relations Act, 1995
apply with necessary modifications to proceedings before the Board under this Act and the Board may exercise the powers under those provisions as if they were part of this Act. 1997, c. 4, s. 41 (3). Transition (4) An agreement made under section 5 of the Fire Departments Act, or a decision or award made under section 6 of that Act, that is in effect immediately before the day this Part comes into force shall, on and after that day, remain in effect and be deemed to be a collective agreement to which this Part applies. 1997, c. 4, s. 41 (4). Same (5) If a request to bargain was made under section 5 of the Fire Departments Act before the day this Part comes into force, this Part applies as if notice had been given under section 47 on that day.  1997, c. 4, s. 41 (5). Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 2 - 10/12/2015 2018, c. 17, Sched. 18, s. 1 - 06/12/2018 working conditions
42 (1) No firefighter shall strike and no employer of firefighters shall lock them out. Definitions (2) In this section, “lock-out” and “strike” have the same meaning as in the Labour Relations Act, 1995.  1997, c. 4, s. 42.
43 (1) In every municipality having a population of not less than 10,000, the firefighters assigned to firefighting duties shall work according to, (a)  the two-platoon system where the firefighters are divided into two platoons, the hours of work of which shall be, (i)  for each platoon 24 consecutive hours on duty followed immediately by 24 consecutive hours off duty, or (ii)  for one platoon in day-time ten consecutive hours on duty followed immediately by 14 consecutive hours off duty and for the other platoon in night-time 14 consecutive hours on duty followed immediately by 10 consecutive hours off duty, and the platoons shall alternate at least every two weeks from night work to day work and vice versa; (b)  the three-platoon system where the firefighters are divided into three platoons, the hours of work of which shall be eight consecutive hours on duty followed immediately by 16 consecutive hours off duty, and the platoons shall rotate in their periods of duty and time off as may be arranged for the purpose of changing shifts at least every two weeks; or (c)  any other system of platoons or hours of work under which the maximum hours of work or hours on duty on average in any work week are not more than 48 hours. Other personnel (2) Firefighters assigned to duties other than fire-fighting duties shall work such hours as are determined, but in no case shall such hours of work exceed the average work week of the other full-time firefighters. Maximum hours (3) No firefighters shall be required to be on duty on average in any work week more than 48 hours. Weekly day off duty (4) Every firefighter shall be off duty for one full day of 24 hours in every calendar week, but where a two-platoon system or a three-platoon system is in operation, the 24 hours release at the change of platoons shall not be regarded as a day off duty for the purposes of this section. Time off duty (5) Nothing in this Part prohibits any municipality from granting the firefighters more than one day off duty in every calendar week. Off duty (6) The hours off duty of firefighters shall be free from fire department duties. Exception for emergencies (7) Despite subsections (1) to (6), the fire chief may call in off-duty firefighters if, as a result of a major emergency, the fire department needs the services of more firefighters than are on duty.  1997, c. 4, s. 43.
44 (1) The employment of a firefighter may be terminated upon seven days’ notice The notice must be accompanied by written reasons for the termination. Independent review (2) A firefighter who has received a notice of termination of employment may require a review of the termination to be conducted, unless a collective agreement provides for another review mechanism. Same (3) If a review of a termination is required under subsection (2), the municipality in which the firefighter is employed shall appoint a person who is not employed in the fire department to conduct the review. Review, no hearing (4) A person appointed to conduct a review shall conduct the review within 10 days after the day the review is required. The person is not required to hold a hearing in conducting a review under this section. Decision (5) A person conducting a review of a termination under this section may uphold the termination, order that the firefighter be returned to duties under such conditions as may be specified in the order or make such other order as he or she considers proper. Probationary period (6) The employment of a firefighter may be terminated without cause at any time during the first 12 months, unless a collective agreement provides otherwise. Subsections (2) to (5) do not apply with respect to a termination during that period.  1997, c. 4, s. 44. Establishment of Bargaining Rights by Certification
45 (1) The firefighters employed in a fire department constitute a bargaining unit for the purposes of collective bargaining under this Act. Exclusion (2) The bargaining unit shall not include persons who are deemed not to be firefighters under subsection 41 (2).  1997, c. 4, s. 45.
46 (1) The majority of firefighters in a bargaining unit may request an association of firefighters to represent them and act as their bargaining agent for purposes of collective bargaining under this Part. Transition (2) An association of firefighters that, immediately before the day this Part comes into force, was a party to, or bound by, an agreement made under section 5 of the Fire Departments Act or was bound by the decision or award of a board of arbitration under section 6 of that Act shall, on and after the day this Part comes into force and until such time as a new bargaining agent is requested under subsection (1), be deemed to be the bargaining agent for the firefighters in the bargaining unit.  1997, c. 4, s. 46. Unfair Labour Practices
46.1 (1) An association shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the firefighters in the bargaining unit it represents, whether or not they are members of the association. 2015, c. 34, Sched. 1, s. 3. Transition (2) This section does not apply in respect of any conduct or events that occurred before December 1, 2011.  2011, c. 13, s. 1. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1
- 01/12/2011 2015, c. 34, Sched. 1, s. 3 - 10/12/2015
46.2 No employer or employers’ organization and no person acting on behalf of an employer or an employers’ organization shall participate in or interfere with the formation, selection or administration of an association or the representation of firefighters by an association or contribute financial or other support to an association, but nothing in this section shall be deemed to deprive an employer of the employer’s freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence. 2015, c. 34, Sched. 1, s. 4.  Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1
- 01/12/2011 2015, c. 34, Sched. 1, s. 4 - 10/12/2015
46.3 No association and no person acting on behalf of an association shall participate in or interfere with the formation or administration of an employers’ organization or contribute financial or other support to an employers’ organization. 2015, c. 34, Sched. 1, s. 4.  Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1
- 01/12/2011 2015, c. 34, Sched. 1, s. 4 - 10/12/2015
46.4 No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization, (a)  shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of an association or was or is exercising any other rights under this Part; (b)  shall impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain a firefighter or a person seeking employment from becoming a member of a trade union or exercising any other rights under this Part; (c)  shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by any other means to compel a firefighter to become or refrain from becoming or to continue to be or to cease to be a member or officer or representative of an association or to cease to exercise any other rights under this Part; or (d)  shall refuse to employ a person as a firefighter, refuse to assign a person to fire protection services or discharge a firefighter because the person has worked, is working or intends to work as a volunteer firefighter. 2015, c. 34, Sched. 1, s. 4; 2018, c. 17, Sched. 18, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1
- 01/12/2011 2015, c. 34, Sched. 1, s. 4 - 10/12/2015 2018, c. 17, Sched. 18, s. 2 - 06/12/2018
46.5 (1) No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization shall, so long as an association represents the firefighters in a bargaining unit, bargain with or enter into a collective agreement with any person or another association, trade union or council of trade unions on behalf of or purporting, designed or intended to be binding upon the firefighters in the bargaining unit or any of them. 2015, c. 34, Sched. 1, s. 4. Same (2) No person, association, trade union or council of trade unions shall, so long as another association continues to be entitled to represent the firefighters in a bargaining unit, bargain with or enter into a collective agreement with an employer or an employers’ organization on behalf of or purporting, designed or intended to be binding upon the firefighters in the bargaining unit or any of them. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 1
- 01/12/2011 2015, c. 34, Sched. 1, s. 4 - 10/12/2015
46.6 No person, association or employers’ organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of an association or of an employers’ organization or to refrain from exercising any other rights under this Part or from performing any obligations under this Part. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015
46.7 Nothing in this Part authorizes any person to attempt at the place at which a firefighter works to persuade the firefighter during the firefighter’s working hours to become or refrain from becoming or continuing to be a member of an association or a trade union. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015
46.8 (1) No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall, (a)  refuse to employ or continue to employ a person; (b)  threaten dismissal or otherwise threaten a person; (c)  discriminate against a person in regard to employment or a term or condition of employment; or (d)  intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Part or because the person has made or is about to make a disclosure that may be required in a proceeding under this Part or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Part. 2015, c. 34, Sched. 1, s. 4. Same (2) No association or person acting on behalf of an association shall, (a)  discriminate against a person in regard to employment or a term or condition of employment; or (b)  intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Part or because the person has made or is about to make a disclosure that may be required in a proceeding under this Part or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Part. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015
46.9 No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted. 2015, c. 34, Sched. 1, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 4 - 10/12/2015 Collective bargaining
47 (1) If no collective agreement is in effect, a bargaining agent acting pursuant to subsection 46 (1), shall give written notice to the employer of its desire to bargain with a view to making a collective agreement. Same (2) The employer or the bargaining agent may give written notice of its desire to bargain with a view to making a collective agreement within the period of 90 days before the expiry date set out in the collective agreement or, if no expiry date is set out in the agreement, within the period of 90 days before the expiry date referred to in subsection 52 (1).  1997, c. 4, s. 47.
48 (1) The employer and the bargaining agent shall meet within 15 days after the notice is given, or within such longer period as they may agree upon, and they shall bargain in good faith and make every reasonable effort to make a collective agreement. Parties (2) The employer and the bargaining agent are the parties to the bargaining.  1997, c. 4, s. 48.
49 Where, after bargaining under section 48, either of the parties is satisfied that an agreement cannot be reached, the party may, by notice in writing to the other party and to the Minister, require all matters remaining in dispute to be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 2 - 22/06/2006 2016, c. 37, Sched. 9, s. 2 - 08/12/2016 50 Repealed: 2016, c. 37, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2016, c. 37, Sched. 9, s. 2 - 08/12/2016
50.1 (1) Within seven days after the day upon which notice is given under section 49, the parties shall appoint a person as arbitrator and forthwith notify the Minister of the name and address of the person appointed. 2018, c. 17, Sched. 18, s. 3. Extension of time (2) The parties, by mutual agreement in writing, may extend the period of seven days mentioned in subsection (1) for one further period of seven days. 2018, c. 17, Sched. 18, s. 3. Notice to Minister (3) If the parties extend the period under subsection (2), they shall inform the Minister. 2018, c. 17, Sched. 18, s. 3. Appointment by Minister (4) If the parties fail to notify the Minister within the time set out in subsection (1) or the time extended under subsection (2), the Minister shall forthwith appoint as arbitrator a person who is, in the opinion of the Minister, qualified to act and notify the parties of the name and address of the person appointed. 2018, c. 17, Sched. 18, s. 3. Replacement (5) If the person appointed as arbitrator is unable or unwilling to perform his or her duties so as to make an award, the Minister shall forthwith appoint another person as arbitrator and the arbitration process shall begin anew. 2018, c. 17, Sched. 18, s. 3. Restriction (6) No person shall be appointed as an arbitrator under this Act who has any pecuniary interest in the matters coming before him or her or who is acting or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties. 2018, c. 17, Sched. 18, s. 3. Not subject to judicial review (7) It is conclusively determined that the appointment of an arbitrator made under this section is properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the arbitrator’s proceedings. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2018, c. 17, Sched. 18, s. 3 - 06/12/2018
50.2 (1) If the arbitrator is appointed by the parties, the parties shall select the method of arbitration. 2018, c. 17, Sched. 18, s. 3. Same, mediation-arbitration (2) The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration. 2018, c. 17, Sched. 18, s. 3. Selection by Minister (3) If the arbitrator is appointed by the Minister, the Minister shall select the method of arbitration. 2018, c. 17, Sched. 18, s. 3. Same, mediation-arbitration (4) The Minister shall select mediation-arbitration as the method of arbitration unless the Minister is of the view that another method is more appropriate. 2018, c. 17, Sched. 18, s. 3. Same, final offer selection (5) The Minister shall not select final offer selection without mediation as the method of arbitration. 2018, c. 17, Sched. 18, s. 3. Same, mediation-final offer selection (6) The Minister shall not select mediation-final offer selection as the method of arbitration unless the Minister, in his or her sole discretion, selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2016, c. 37, Sched. 9, s. 3 (1-4) - 08/12/2016 2018, c. 17, Sched. 18, s. 3 - 06/12/2018 Procedure
50.3 (1) Subject to subsection (2), the arbitrator shall fix the time and place of the proceedings and shall notify the Minister of the time and place and the Minister shall notify the parties. 2018, c. 17, Sched. 18, s. 3. When proceedings commence (2) The arbitrator shall begin the proceedings within 30 days after he or she is appointed. 2018, c. 17, Sched. 18, s. 3. Order to expedite proceedings (3) Where an arbitrator has been appointed, the arbitrator shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that an award has not been rendered within the time set out in subsection 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may, after consulting the parties and the arbitrator, issue whatever order he or she considers necessary in the circumstances to ensure that an award will be rendered within a reasonable time. 2018, c. 17, Sched. 18, s. 3. Written submissions (4) The parties shall file written submissions on all matters remaining in dispute with the arbitrator before the date set by the arbitrator. 2018, c. 17, Sched. 18, s. 3. Same, time (5) The date set by the arbitrator in subsection (4) must be before the day the first hearing begins. 2018, c. 17, Sched. 18, s. 3. Time for submission of information (6) If the method of arbitration is mediation-arbitration or mediation-final offer selection, the arbitrator may, after consulting with the parties, set a date after which a party may not submit information to the arbitrator unless, (a)  the information was not available prior to the date; (b)  the arbitrator permits the submission of the information; and (c)  the other party is given an opportunity to make submissions concerning the information. 2018, c. 17, Sched. 18, s. 3. Procedure (7) Subject to section 50.2 and the other provisions of this section, the arbitrator shall determine his or her own procedure but shall give full opportunity to the parties to present their evidence and make their submissions. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2018, c. 17, Sched. 18, s. 3 - 06/12/2018
50.3.1 (1) If the arbitrator was appointed by the Minister, the parties may, at any time before the arbitrator renders an award, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different arbitrator. 2018, c. 17, Sched. 18, s. 3. Termination of appointment (2) If notice is served on the Minister under subsection (1), the appointment of the arbitrator is terminated. 2018, c. 17, Sched. 18, s. 3. Effective date of termination (3) The termination is effective on the day the Minister is served with the notice. 2018, c. 17, Sched. 18, s. 3. Obligation to appoint (4) Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 50.1 (1), a person who agreed to act and sections 50.1 to 50.3 and this section apply with respect to the appointment. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 18, s. 3 - 06/12/2018
50.3.2 An arbitrator appointed under this Act has all the powers of a board of arbitration under the
Labour Relations Act, 1995. 2018, c. 17, Sched. 18, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 18, s. 3 - 06/12/2018
50.4 (1) Where there are matters in dispute between parties to be decided by more than one arbitration in accordance with this Part, the parties may agree in writing that the matters in dispute shall be decided by one arbitrator. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Parties (2) For the purposes of section 50.1, the bargaining agents for or on behalf of any firefighters to whom this Part applies shall be one party and the employers of such firefighters shall be the other party. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 4 (1). Powers of arbitrator (3) In an arbitration to which this section applies, the arbitrator may, in addition to the powers conferred upon an arbitrator by this Part, (a)  make a decision on matters of common dispute between all of the parties; and (b)  despite subsections 50.5 (1.1) and (1.2), refer matters of particular dispute to the parties concerned for further bargaining. 1997, c. 21, Sched. A, s. 3 (1); 2016, c. 37, Sched. 9, s. 4; 2018, c. 17, Sched. 18, s. 4 (2), 7. Same (4) Where matters of particular dispute are not resolved by further collective bargaining under clause (3) (b), the arbitrator shall decide the matters.  1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2016, c. 37, Sched. 9, s. 4 - 08/12/2016 2018, c. 17, Sched. 18, s. 4 (1, 2), 7 - 06/12/2018
50.7 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act.  1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 13 (1). Proof of appointment (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it.  1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 13 (2). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2002, c. 18, Sched. N, s. 13 (1, 2) - 26/11/2002
50.8 (1) Proceedings before a board of arbitration under this Part or a predecessor to this Act in which a hearing was commenced before the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings (2) This section does not apply with respect to proceedings in which a hearing was commenced before June 3, 1997 if, (a)  a final decision is issued on or before June 3, 1997; or (b)  a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement (3) This section does not apply if the parties agree in writing after the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force to continue the proceedings.  1997, c. 21, Sched. A, s. 3 (1). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 Transition
50.9 (1) Sections 50, 50.2, 50.4 and 50.5, as they read immediately before the repeal date, continue to apply to parties who were referred to arbitration under section 50 before the repeal date. 2016, c. 37, Sched. 9, s. 6. Requested appointment of conciliation officer (2) Sections 49 and 50 and subsection 50.2 (1), as they read immediately before the repeal date, continue to apply to parties if either party made a request for the appointment of a conciliation officer under subsection 49 (1) before the repeal date. 2016, c. 37, Sched. 9, s. 6. Definition — repeal date (3) In this section, “repeal date” means the day that section 6 of Schedule 9 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force. 2016, c. 37, Sched. 9, s. 6. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 9, s. 6 - 08/12/2016 Transition
50.10 If, on or after November 15, 2018, notice under section 49 is given, and on the day the Restoring Trust, Transparency and Accountability Act, 2018
receives Royal Assent, the hearing has not commenced, sections 50.1 to 50.6 apply to the arbitration and if a board of arbitration was appointed, the chair continues as the arbitrator and the appointments of the other members of the board are terminated. 2018, c. 17, Sched. 18, s. 8. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 18, s. 8 - 06/12/2018 Operation of Collective Agreements
51 (1) Every collective agreement must be set out in writing. Binding effect (2) A collective agreement is binding upon the employer, the bargaining agent and the members of the bargaining unit. Commencement (3) A collective agreement comes into effect according to its terms. If the agreement does not provide for its commencement date, it comes into effect at the beginning of the first fiscal period in respect of which the employer budgets for expenditures under the agreement. Same (4) Despite subsection (3), if a collective agreement provides that it comes into effect on a specified day and that day occurs before the beginning of the first fiscal period in respect of which the employer can budget for expenditures under the agreement, the agreement shall be deemed to provide that it comes into effect at the beginning of that first fiscal period.  1997, c. 4, s. 51.
52 (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate. Extension of term of collective agreement (2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement and the continuation of the collective agreement may be terminated by either party upon 30 days notice to the other party. Early termination of collective agreements (3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties. Revision by mutual consent (4) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.  1997, c. 4, s. 52.
52.1 (1) Subject to section 52.3, where an association so requests, there shall be included in the collective agreement between the association and the employer of the firefighters a provision requiring the employer to deduct from the wages of each firefighter in the unit affected by the collective agreement, whether or not the firefighter is a member of the association, the amount of the regular association dues and to remit the amount to the association, forthwith. 2015, c. 34, Sched. 1, s. 5. Definition (2) In subsection (1), “regular association dues” means, (a)  in the case of a firefighter who is a member of an association, the dues uniformly and regularly paid by a member of the association in accordance with the constitution and by-laws of the association, and (b)  in the case of a firefighter who is not a member of an association, the dues referred to in clause (a), excluding any amount in respect of pension, superannuation, sickness insurance or any other benefit available only to members of the association. 2015, c. 34, Sched. 1, s. 5. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 5 - 10/12/2015
53.1 (1) This section applies to a firefighter only if the firefighter is regularly assigned to fire suppression duties.  2011, c. 13, s. 2. Mandatory retirement provision permitted (2) A collective agreement may contain a provision requiring firefighters to retire at a specified age of 60 or over and, if it does, a firefighter subject to the agreement shall, subject to subsection (4), retire at the specified age.  2011, c. 13, s. 2. Existing and new collective agreements (3) Subsection (2) applies to collective agreements that are in operation on the day section 2 of the Fire Protection and Prevention Amendment Act, 2011 comes into force and to collective agreements that come into force after that day.  2011, c. 13, s. 2. Deemed mandatory retirement provision (3.1) If a collective agreement does not contain a provision requiring firefighters to retire at a specified age or if it contains a provision requiring firefighters to retire at an age under 60, the agreement is deemed to contain a provision requiring firefighters to retire at the age of 60 and a firefighter subject to the agreement shall, subject to subsection (4), retire at that age. 2011, c. 13, s. 3. Reasonable accommodation (4) A firefighter shall not be required to retire if the firefighter can be accommodated without undue hardship, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.  2011, c. 13, s. 2. Human Rights Code (5) This section applies despite the Human Rights Code.  2011, c. 13, s. 2. Section Amendments with date in force (d/m/y) 2011, c. 13, s. 2 - 01/06/2011; 2011, c. 13, s. 3 - 01/06/2013 CTS 21 JN 11 - 1
55 (1) If a person or bargaining agent fails to comply with a decision of an arbitrator under section 53, the person or bargaining agent affected by the decision may file a copy of the decision (excluding the reasons for the decision) with the Superior Court of Justice.  1997, c. 4, s. 55 (1); 2002, c. 18, Sched. N, s. 14. Same (2) The decision shall not be filed with the court until 30 days have elapsed after the date the decision was released or after the date specified in the decision for complying with it.  1997, c. 4, s. 55 (2). Effect of filing (3) When it is filed with the court, the decision shall be entered in the same way as a judgment or order of the court and is enforceable as such.  1997, c. 4, s. 55 (3). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. N, s. 14 - 26/11/2002
56 (1) If notice has been given under section 47 by a bargaining agent for a unit of firefighters or an employer and no collective agreement is in operation, (a)  the employer shall not, except with the consent of the bargaining agent, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the firefighters until the right of the bargaining agent to represent the firefighters has been terminated; and (b)  the bargaining agent shall not, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the firefighters until the right of the bargaining agent to represent the firefighters has been terminated. Arbitration if no agreement (2) If notice has been given under subsection 47 (2) and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and the arbitration shall proceed in accordance with section 53.  1997, c. 4, s. 56.
56.2 For the purposes of section 46.8 and any complaint made under section 56.1, “person” includes any person otherwise excluded by subsection 41 (2). 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015
56.3 (1) On application in a pending proceeding, the Board may, (a)  make interim orders concerning procedural matters on such terms as it considers appropriate; (b)  subject to subsections (2) and (3), make interim orders requiring an employer to reinstate a firefighter in employment on such terms as it considers appropriate; and (c)  subject to subsections (2) and (3), make interim orders respecting the terms and conditions of employment of a firefighter whose employment has not been terminated but whose terms and conditions of employment have been altered or who has been subject to reprisal, penalty or discipline by the employer. 2015, c. 34, Sched. 1, s. 8. Same (2) The Board may exercise its power under clause (1) (b) or (c) only if the board determines that all of the following conditions are met: 1.  The circumstances giving rise to the pending proceeding occurred at a time when a campaign to establish bargaining rights was underway. 2.  There is a serious issue to be decided in the pending proceeding. 3.  The interim relief is necessary to prevent irreparable harm or is necessary to achieve other significant labour relations objectives. 4.  The balance of harm favours the granting of the interim relief pending a decision on the merits in the pending proceeding. 2015, c. 34, Sched. 1, s. 8. Same (3) The Board shall not exercise its powers under clause (1) (b) or (c) if it appears to the Board that the alteration of terms and conditions, dismissal, reprisal, penalty or discipline by the employer was unrelated to the exercise of rights under this Part by a firefighter. 2015, c. 34, Sched. 1, s. 8. Same (4) Despite subsection 56.1 (5), in an application under this section, the burden of proof lies on the applicant. 2015, c. 34, Sched. 1, s. 8. Same (5) With respect to the Board, the power to make interim orders under this section applies instead of the power under subsection 16.1 (1) of the Statutory Powers Procedure Act. 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015
56.4 If, on the day the Employment and Labour Statute Law Amendment Act, 2015
received First Reading, a matter was before the Board or an arbitrator and the Board or arbitrator had not given a decision on the matter, the Board or arbitrator shall decide the matter in accordance with this Act as amended by the Employment and Labour Statute Law Amendment Act, 2015, regardless of when the matter in dispute occurred. 2015, c. 34, Sched. 1, s. 8. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 8 - 10/12/2015 regulations
57 The Minister may make regulations, (a)  Repealed: 2016, c. 37, Sched. 9, s. 7. (b)  governing the selection of arbitrators under section 53; (c)  prescribing forms for the purposes of subsections 53 (13.1) and 56.1 (6).  1997, c. 21, Sched. A, s. 3 (3); 2011, c. 13, s. 4; 2015, c. 34, Sched. 1, s. 9; 2016, c. 37, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (3) - 29/10/1997 2011, c. 13, s. 4
- 01/12/2011 2015, c. 34, Sched. 1, s. 9 - 10/12/2015 2016, c. 37, Sched. 9, s. 7 - 08/12/2016 PART X 
FIRE SAFETY COMMISSION
58 (1) The Fire Code Commission is continued under the name the Fire Safety Commission in English and Commission de la sécurité-incendie in French and is composed of such number of members as is determined by the Lieutenant Governor in Council.  1997, c. 4, s. 58 (1). Appointment of members (2) The Lieutenant Governor in Council shall appoint the members to the Commission, and may designate one of the members as chair and one or more of the members as vice-chair.  2006, c. 35, Sched. C, s. 44 (1). Ineligibility (2.1) A person is not eligible to be a member of the Commission if the person is, (a)  a deputy minister of a ministry; (b)  a public servant employed under Part III of the Public Service of Ontario Act, 2006; or (c)  an employee of a municipality.  2006, c. 35, Sched. C, s. 44 (1). Remuneration (3) The members of the Commission shall receive such remuneration and expenses as the Lieutenant Governor in Council may determine.  1997, c. 4, s. 58 (3). Composition of panels for hearings (4) A proceeding before the Commission shall be heard and determined by a panel consisting of one or more members of the Commission, as assigned by the chair or vice-chair of the Commission. 2023, c. 12, Sched. 4, s. 6. Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 44 (1) - 20/08/2007 2023, c. 12, Sched. 4, s. 6 - 08/06/2023 PART XI 
FIRE MARSHAL’S PUBLIC FIRE SAFETY COUNCIL
59 In this Part, “Council” means the Fire Marshal’s Public Fire Safety Council.  1997, c. 4, s. 59.
60 (1) A corporation without share capital is hereby constituted to be known in English as the Fire Marshal’s Public Fire Safety Council and in French as Conseil public du commissaire des incendies sur la sécurité-incendie.  1997, c. 4, s. 60 (1). Membership (2) The Council shall consist of its board of directors and such other persons who are appointed as members of the Council by the Fire Marshal.  1997, c. 4, s. 60 (2). Non-application of corporate Acts (3) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the Council.  1997, c. 4, s. 60 (3); 2010, c. 15, s. 227. Conflict of interest (4) Section 132 of the Business Corporations Act applies to the Council and to its directors and officers.  1997, c. 4, s. 60 (4). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 227 - 19/10/2021
61 The objects of the Council are, (a)  to promote fire safety throughout the province; (b)  to produce and distribute materials for public education with respect to fire safety; (c)  to provide or endorse training, education and fire prevention activities; (d)  to facilitate and co-ordinate the public exchange of information and ideas on matters of fire safety; (e)  to solicit, receive, manage and distribute money and other property to support the objects described in clauses (a), (b), (c) and (d); (f)  to enter into partnerships and agreements with persons or organizations in the private sector or with public bodies or organizations to further the objects described in clauses (a), (b), (c), (d) and (e); and (g)  to advise the Fire Marshal on matters of fire safety.  1997, c. 4, s. 61.
62 (1) The affairs of the Council shall be managed by its board of directors. 1997, c. 4, s. 62 (1). Composition (2) The board shall be composed of the Fire Marshal and at least six directors appointed from among the members by the Minister on the recommendation of the Fire Marshal. 1997, c. 4, s. 62 (2); 2023, c. 12, Sched. 4, s. 7 (1). Term of office (3) A director is appointed for a term not exceeding three years, and may be reappointed for successive terms not exceeding three years each. 1997, c. 4, s. 62 (3). Chair (4) The Fire Marshal is chair of the board. 1997, c. 4, s. 62 (4); 2023, c. 12, Sched. 4, s. 7 (2). Vice-chairs (5) The Fire Marshal shall designate one or more other directors to be vice-chairs. 1997, c. 4, s. 62 (5). Same (6) If the Fire Marshal is absent from a meeting of the board, or is unable to act and no Deputy Fire Marshal is able to take the place of the Fire Marshal at the meeting, a vice-chair shall act as and have all the powers of the chair. 2023, c. 12, Sched. 4, s. 7 (3). Quorum (7) A majority of the directors constitutes a quorum. 1997, c. 4, s. 62 (7). Vacancies (8) If a director’s position becomes vacant, the Minister may appoint another person to the board for the remainder of his or her term. 1997, c. 4, s. 62 (8). Remuneration (9) The appointed directors shall receive such remuneration and reimbursement for reasonable expenses as may be determined by the Council.  1997, c. 4, s. 62 (9). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 7 (1-3) - 08/06/2023