2005-063 To Establish and Regulate A Fire Department and the Repeal By-Law No. 94-12THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-063
BEING A BY-LAW TO ESTABLISH AND REGULATE A FIRE DEPARTMENT
AND TO REPEAL BY-LAW NO. 94-12
WHEREAS Section 8 of the Municipal Act, S.O. 2001, c. 25, provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the Act;
AND WHEREAS Section 9 of the Municipal Act,2001, provides that Sections 8 and 11
shall be interpreted broadly so as to confer broad authority on municipalities to (a)
enable municipalities to govern their affairs as they consider appropriate and, (b)
enhance their ability to respond to municipal issues;
AND WHEREAS Part Il, Section 5(1.0) of the Fire Protection and Prevention Act, 1997,
S.O. 1997, c.4, as amended, permits the Council of a municipality to establish, maintain
and operate a fire department for all or any part of a municipality;
AND WHEREAS Council of the Township of Oro-Medonte did, on the 10th day of
January 1994, enact By-law No. 94-12, Being a By-law to Establish and Regulate a Fire
Department;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
DEFINITIONS
In this By-law, unless the context otherwise requires:
a) "Approved" means approved by Council;
b) "Company" means a complement of fire department personnel operating
one or more pieces of apparatus or equipment;
C) "Corporation" means the Corporation of the Township of Oro-Medonte;
d) "Council" means the Council of the Corporation of the Township of Oro-
Medonte;
e) "Department" means the Oro-Medonte Fire and Emergency Services
Department;
f) "Fire Chief"means a Fire Chief appointed by by-law of the Council of the
Corporation of the Township of Oro-Medonte under subsection 6 (1), (2),
or (4) of the Fire Protection and Prevention Act,
g) "Fire and Emergency Services Department" means the group of
firefighters authorized to provide fire protection services by the Township
of Oro-Medonte;
h) "Firefighters'Association"means the Oro-Medonte Firefighters'
Association;
i) "Fire Protection" means a range of programs designed to protect the lives
and property of the inhabitants of the Fire and Emergency Services
Department's response area from the adverse effects of fire, sudden
medical emergency or exposure to dangerous conditions created by
human or nature and includes 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 of those services;
j) "Firefighter" means a fire chief and any other person employed in, or
appointed to, a fire department assigned to undertake fire protection
services, and includes a volunteer firefighter;
k) "Member" means any person employed in, or appointed to, the Oro-
Medonte Fire and Emergency Services Department assigned to undertake
fire protection services, and includes officers, full time, part time and
volunteer firefighters;
1) "Volunteer Firefighter" means a firefighter who provides fire protection
services either voluntarily or for a nominal consideration, honorarium,
training or activity allowance.
2. FIRE AND EMERGENCY SERVICES DEPARTMENT
ESTABLISHED/CONTINUED
A department for the Township of Oro-Medonte to be known as the Oro-Medonte
Fire and Emergency Services Department is hereby continued and the head of
the department shall be known as the Fire Chief/Director of Fire and Emergency
Services.
3. ORGANIZATION OF DEPARTMENT
3.1 The department shall be organized as per Schedule "A", Organization Chart
attached hereto and forming part of this by-law.
3.2 In addition to the Fire Chief, the department personnel shall consist of such
number of officers, and members as from time to time may be deemed
necessary by the Council;
4. DISCIPLINE
4.1 Disciplinary measures exercised within the Fire and Emergency Services
Department shall conform to the discipline policy of the Corporation.
5. REMUNERATION
5.1 The remuneration for all volunteer firefighters shall be as determined by Council.
6. RESPONSIBILITY
6.1 The Fire Chief is responsible for the proper administration and operation of the
department as outlined in his/her job description, and
a) Shall take all proper measures to prevent, control and extinguish fires and
for the protection of life and property;
b) Shall enforce all municipal by-laws respecting fire prevention, and
c) Shall adhere to the provisions of the Fire Protection and Prevention Act,
and ensure compliance with all applicable by-laws, legislation, statutes,
codes and regulations.
6.2 In the absence of the Fire Chief, the Manager of Operations shall act as the Fire
Chief and shall have all the authority and assume the duties and responsibilities
of the Fire Chief.
6.3 Where the Fire Chief designates a member to act in the position of an officer,
such member when so acting in the absence of the officer, shall have all the
authority and assume the duties and responsibilities of such officer.
7. SERVICE OUTSIDE MUNICIPAL LIMITS
The department shall only respond to a call with respect to a fire or other
emergency outside the approved response areas of the municipality at the
discretion of the Fire Chief or by agreement and/or participation in the Simcoe
County Mutual Fire Aid Plan and Program.
8. That the Fire and Emergency Services Department shall be authorized to
implement fees for service as prescribed by the Township of Oro-Medonte Fees
and Charges By-law.
9. That By-law No. 94-12 be repealed in its entirety.
10. That this by-law shall come into force and effect upon final reading.
BY-LAW READ A FIRST AND SECOND TIME THIS 15TH DAY OF JUNE, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF JUNE,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
• c.~
yor, J. Neil Craig
Clerk, Mai yn Pennyc k
F 41, & 'met cyl- Se to
♦
District Chiefs
Captains
Volunteer Firefighters
:(6 Stations)
MARCH 2005
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