jswizzle3737/ontario_laws_and_regs huggingface dataset:
63 (1) The Council has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set out in this Act, for the purpose of carrying out its objects. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 63 (1) of the Act is amended by adding “and in section 11.0.1 of the Ministry of Infrastructure Act, 2011” after “in this Act”. (See: 2023, c. 5, Sched. 2, s. 9) Same (2) Without limiting the generality of subsection (1), the board of directors of the Council may, (a)  enter into agreements with any organization with objects similar to or consistent with those of the Council; (b)  authorize any person or organization to use the Council’s logo to indicate the Council’s endorsement of a product, service, training course, education course or activity; (c)  otherwise endorse any product, service, training course, education course or activity; (d)  solicit, receive, manage, invest, transfer, use and distribute money and other property to support the objects of the Council. Logo (3) The board of directors shall by by-law adopt a logo for the Council.  1997, c. 4, s. 63. Section Amendments with date in force (d/m/y) 2023, c. 5, Sched. 2, s. 9 - not in force
64 (1) The board of directors of the Council may borrow money on the credit of the Council for the purposes of the Council and may use any money or property of the Council as security for such borrowing. Limitation on borrowing powers (2) The amount that may be borrowed under subsection (1), together with the total of any previous borrowing that remains unpaid, shall not exceed $50,000 at any one time without the approval of the Minister, but no lender shall be required to inquire into the board’s compliance with this section and all loans to the Council shall be deemed to have been lawfully made under the authority of this section despite any non-compliance of the board.  1997, c. 4, s. 64.
65 The board of directors of the Council may pass by-laws, (a)  regulating its proceedings; (b)  establishing the fiscal year for the Council; (c)  specifying the powers, duties and remuneration of its officers and employees; (d)  establishing an executive committee and other committees and delegating powers of the board to such committees; (e)  providing for membership in the Council, establishing classes of membership and prescribing the qualifications, conditions and rights of membership, the fees, if any, to be paid for membership and providing for and regulating members’ meetings; (f)  generally for the management of the Council.  1997, c. 4, s. 65.
66 (1) All the property of the Council and all its income, revenue and profits shall be devoted and applied solely to carrying out the objects of the Council.  Investment (2) Any funds of the Council that are not immediately required for promoting and carrying out its objects, and the proceeds of any property of the Council, subject to any trust affecting them, not immediately required for such purpose, may be invested and reinvested as the board of directors considers proper. Money vests in Council (3) All amounts in the Consolidated Revenue Fund credited, immediately before this section comes into force, to an advisory committee that was established under the Fire Marshals Act, being chapter F.17 of the Revised Statutes of Ontario, 1990, are hereby vested in the Council.  1997, c. 4, s. 66.
67 (1) The board of directors of the Council may employ or contract for the services of such persons, including any persons who are appointed directors, as it considers necessary for the functioning of the Council.  1997, c. 4, s. 67 (1).   Not an employee of the Crown (2) A person who is employed or whose services are contracted under subsection (1) is not and shall not be deemed to be an employee of the Crown.  2006, c. 35, Sched. C, s. 44 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 44 (2) - 20/08/2007
68 The Office of the Fire Marshal may, on request, provide administrative, technical or expert advice or assistance to the Council.  1997, c. 4, s. 68.
69 (1) No action or other proceeding for damages may be instituted against a director or a member of the Council or any employee of the Council for any act done in good faith in the execution or intended execution of the person’s power or duty or for any alleged neglect or default in the execution in good faith of the person’s power or duty. 1997, c. 4, s. 69 (1). Same (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 1997, c. 4, s. 69 (2); 2019, c. 7, Sched. 17, s. 77 (1). Indemnification for legal costs (3) With the approval of the Minister, a person described in subsection (1) or a former director, member or employee of the Council shall be indemnified by the Crown in right of Ontario for his or her reasonable legal costs in respect of any proceeding in which the person’s execution in good faith of his or her duties is in issue, if the person acted in good faith. 1997, c. 4, s. 69 (3). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 77 (1) - 01/07/2019
70 The board of directors of the Council shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of the Council for each fiscal year.  1997, c. 4, s. 70; 2004, c. 8, s. 46. Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table
- 01/11/2005
71 The board of directors of the Council shall submit an annual report to the Minister on the affairs and transactions of the Council in the preceding fiscal year and shall submit such other reports as the Minister may request.  1997, c. 4, s. 71.
72 Upon the winding-up or dissolution of the Council, all its assets, after discharging all outstanding liabilities, shall vest in the Crown.  1997, c. 4, s. 72.
73 The Minister shall, five years after this Part comes into force, undertake a review of the activities of the Council and submit to the Lieutenant Governor in Council a report that recommends the continuation, amendment or repeal of this Part.  1997, c. 4, s. 73. PART XII 
MISCELLANEOUS
74 (1) No action or other proceeding for damages shall be instituted against a firefighter, a fire co-ordinator, a community fire safety officer, a member or employee of the Fire Safety Commission, an assistant to the Fire Marshal, a Deputy Fire Marshal, the Fire Marshal, or a person acting under his or her authority, for any act done in good faith in the execution or intended execution of his or her power or duty or for any alleged neglect or default in the execution in good faith of his or her power or duty. 1997, c. 4, s. 74 (1); 2023, c. 12, Sched. 4, s. 8. Crown, municipality not relieved of liability (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown or a municipal corporation of liability in respect of a tort committed by a person referred to in subsection (1) to which they would otherwise be subject. 1997, c. 4, s. 74 (2); 2019, c. 7, Sched. 17, s. 77 (2). Section Amendments with date in force (d/m/y) 2019, c. 7, Sched. 17, s. 77 (2) - 01/07/2019 2023, c. 12, Sched. 4, s. 8 - 08/06/2023
75 (1) A firefighter, a fire co-ordinator, a community fire safety officer, a member or employee of the Fire Safety Commission, an assistant to the Fire Marshal, a Deputy Fire Marshal, the Fire Marshal or a person acting under his or her authority shall be indemnified for reasonable legal costs incurred, (a)  in the defence of a civil action, if the person is not found to be liable; (b)  in the defence of a criminal prosecution, if the person is found not guilty; (c)  in respect of any other proceeding in which the person’s execution of his or her duties is an issue, if the person acted in good faith. 1997, c. 4, s. 75 (1); 2023, c. 12, Sched. 4, s. 9 (1). Same (2) Indemnification under subsection (1) shall be made by, (a)  in the case of a firefighter, community fire safety officer or assistant to the Fire Marshal who is employed by a municipality, the municipal corporation; (b)  in the case of a firefighter, community fire safety officer or assistant to the Fire Marshal who is working under an agreement with the Crown or in the case of a fire co-ordinator, a member or employee of the Fire Safety Commission, a Deputy Fire Marshal, the Fire Marshal or a person acting under his or her authority, the Crown. 1997, c. 4, s. 75 (2); 2023, c. 12, Sched. 4, s. 9 (2). Effect of collective agreement (3) A collective agreement made under Part IX or a decision under section 53 may provide for indemnification of the legal costs of firefighters, except the legal costs of a firefighter who is found guilty of a criminal offence, and if such an agreement exists, the municipal corporation shall indemnify the firefighters in accordance with the agreement and subsections (1) and (2) shall not apply.  1997, c. 4, s. 75 (3). Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 4, s. 9 (1, 2) - 08/06/2023
76 No action shall be brought against any person in whose house or building or on whose land any fire accidentally begins, nor shall any recompense be made by that person for any damage suffered thereby; but no agreement between a landlord and tenant is defeated or made void by this Act.  1997, c. 4, s. 76.
77 (1) Where a copy of an order or notice is required to be given to, or served on, a person under this Act, the copy may be served personally, by regular letter mail, by electronic transmission, by telephone transmission of a facsimile or by some other method that allows proof of receipt. Deemed receipt (2) Service by regular letter mail under subsection (1) shall be deemed to be received by the person on the fifth day after mailing unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive a copy until a later date than the deemed date of receipt. Same (3) Service by electronic transmission or by telephone transmission of a facsimile under subsection (1) shall be deemed to be received the day after it is sent or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday, unless the person establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive a copy until a later date than the deemed date of receipt.  1997, c. 4, s. 77.
78 (1) The Minister may make regulations,  (a)  respecting the operation and administration of fire departments and community fire safety teams established or appointed by an agreement made under section 3 and respecting the functions of community fire safety officers appointed by such an agreement; (b)  prescribing persons or organizations for the purposes of subsections 3 (1) and 4 (2); (c)  prescribing powers and duties that a fire chief may delegate in addition to those mentioned in subsection 6 (6); (d)  prescribing limitations, restrictions, or conditions that apply to a delegation of powers or duties of a fire chief under subsection 6 (6), including restricting the type of power or duty that may be delegated or the class of person to whom the power or duty may be delegated; (e)  respecting the records and returns to be used, kept and made by fire chiefs in respect of their inspections of any class of premises or premises used for any specified purpose; (f)  requiring any person to furnish such statistical and other information to the Fire Marshal as he or she considers necessary; (g)  requiring the following persons or entities to report to the Fire Marshal the particulars of any insurance loss or claim, (i)  a fire insurance company authorized to transact business in Ontario, (ii)  a person adjusting a claim against a fire insurance company, whether the insurance company is licensed to transact business in Ontario or not and whether the adjuster represents the company or the claimant, or (iii)  a person sustaining or claiming to have sustained a loss by fire on property in Ontario insured wholly or partially by an insurance company that is not licensed or registered under the Insurance Act; (h)  defining “regularly employed” for the purposes of the definition of “firefighter” in subsection 41 (1) and “activity allowance” for the purposes of the definition of “volunteer firefighter” in subsection 1 (1); (i)  respecting standards for fire protection devices, equipment and systems; (j)  providing for licensing and regulating the manufacture, sale, installation, servicing, maintenance, testing and repairing of fire protection devices, equipment and systems; (k)  respecting practices and standards for fire protection services and certification and training of firefighters, including full-time, volunteer and part-time firefighters; (l)  prescribing fees and allowances for services and training provided by or on behalf of the Province or municipalities and respecting the person or body to whom the fees or allowances shall be paid; (m)  governing the inspection of hotels; (n)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. Same (2) A regulation made under this section may be general or specific in its application.  1997, c. 4, s. 78.
79 A regulation, including the fire code, supersedes all municipal by-laws respecting standards for land and premises, as those standards relate to fire safety or the risk created by the presence of unsafe levels of carbon monoxide. 2013, c. 14, s. 5. Section Amendments with date in force (d/m/y) 2013, c. 14, s. 5
- 15/10/2014 80-93 Omitted (amends or repeals other Acts).  1997, c. 4, ss. 80-93. 94 Omitted (provides for coming into force of provisions of this Act).  1997, c. 4, s. 94. 95 Omitted (enacts short title of this Act).  1997, c. 4, s. 95. ______________  Français