52.2 (1) Despite anything in this Part, the parties to a collective agreement may include in it provisions, (a)  for requiring, as a condition of employment, membership in the association or granting a preference of employment to members of the association, or requiring the payment of dues or contributions to the association; (b)  for permitting a firefighter who represents the association to attend to the business of the association during working hours without deduction of the time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time so occupied; and (c)  for permitting the association the use of the employer’s premises for the purposes of the association without payment therefor. 2015, c. 34, Sched. 1, s. 5. Prohibitions re non-member firefighter (2) No association that is a party to a collective agreement containing a provision mentioned in clause (1) (a) shall require the employer to refuse to employ a person as a firefighter, refuse to assign a person to fire protection services or discharge a firefighter because, (a)  the firefighter has been expelled or suspended from membership in the association; or (b)  membership in the association has been denied or withheld from the firefighter, for reason that the firefighter, (c)  was or is a member of another association or a trade union; (d)  has engaged in activity against the association or on behalf of another association or a trade union; (e)  has engaged in reasonable dissent within the association, including with respect to the person’s work, past work or intended work as a volunteer firefighter; (f)  has been discriminated against by the association in the application of its membership rules, including with respect to the person’s work, past work or intended work as a volunteer firefighter; (g)  has refused to pay initiation fees, dues or other assessments to the association which are unreasonable; or (h)  has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association. 2018, c. 17, Sched. 18, s. 9 (1). Where subs. (2) does not apply (3) Subsection (2) does not apply to a firefighter who has engaged in unlawful activity against the association mentioned in clause (1) (a) or an officer, official or agent thereof or whose activity against the association or on behalf of another association or trade union has been instigated or procured by the firefighter’s employer or any person acting on the employer’s behalf or whose employer or a person acting on the employer’s behalf has participated in such activity or contributed financial or other support to the firefighter in respect of the activity. 2015, c. 34, Sched. 1, s. 5. Same, unlawful activity (3.1) For greater certainty, work as a volunteer firefighter, as described in clause (2) (h), is not an unlawful activity for the purposes of subsection (3). 2018, c. 17, Sched. 18, s. 9 (2). Subs. (1) provisions continued during bargaining (4) Despite anything in this Part, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1), any of such provisions may be continued in effect during the period when the parties are bargaining with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement. 2015, c. 34, Sched. 1, s. 5. Where volunteer firefighter cannot be disciplined by association (5) On or after November 15, 2018, no association shall deny membership to, suspend, expel, fine, attempt to collect a fine from, penalize or otherwise discipline a firefighter because the firefighter has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association. 2018, c. 17, Sched. 18, s. 9 (3). Same, application (6) The prohibition in subsection (5) applies regardless of whether the work as a volunteer firefighter occurred before November 15, 2018. 2018, c. 17, Sched. 18, s. 9 (3). Civil remedy (7) No action or other civil proceeding shall be commenced by any person, association or representative of an association against a firefighter who has worked, is working or intends to work as a volunteer firefighter, to attempt to collect a fine or any other form of monetary penalty, or to enforce or otherwise give effect to any decision of an association prohibited under subsection (5). 2018, c. 17, Sched. 18, s. 9 (3). Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 1, s. 5 - 10/12/2015 2018, c. 17, Sched. 18, s. 9 (1-3) - 06/12/2018