Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

WFS Captains Class > Legislation 2022 > Flashcards

Legislation 2022 Flashcards

1
Q

What are the main Acts affect the fire service?

*hint: there are 11

A
  • Fire Protection and Prevention Act
  • Canadian Charter of Rights and Freedoms
  • Employment Standards Act
  • Emergency Preparedness and Civil Protection Act
  • Highway Traffic Act
  • Transportation of Dangerous Goods Act
  • Criminal Code
  • Environmental Protection Act
  • Dangerous Goods Transportation Act
  • Municipal Act
  • Municipal Freedom of Information and Protection of Privacy act
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define the following: SHALL, MUST, DUTIES, POWERS, MAY, RIGHT, DELEGATE

A

Shall: prescribed actions.
Must: prescribed actions.
Duty: is an obligation
Power: is the authority to do something
Delegate: right to transfer powers and duties
Right: is an authorization (For example the right to enter adjacent properties)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the Fire Protection and Prevention Act (FPPA)? How many parts is it divided into? What does it establish?

A
  • Governs the fire service in Ontario
  • Divided into 12 parts
  • Establishes the mandatory obligations of a municipality with respect to the fire service? public education with respect to fire safety and certain components of fire prevention; and provide such other fire protection services as it determines may be necessary in accordance with its needs and circumstances.
  • Establishes the right to enter adjacent lands and properties in emergencies and fire investigations.
  • Establishes the Fire Code
  • Establishes regulations, rights, and powers regarding inspections
  • Defines offences and enforcement
  • Enables a municipality to recover costs. - the costs can be collected as municipal taxes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What else does the FPPA establish?

A
  • Establishes the rights of firefighters regarding employment and labour relations
  • Establishes and defines the Fire Safety Commission
  • Establishes and defines the Fire Marshal’s Public Fire Safety Council
    Part XII – Miscellaneous
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Why should you know the FPPA?

A
  • You have delegated rights and powers under the act

Part V sections 13 and 14

  • Empowers the fire department to investigate, inspect and make safe through charges, fines etc.
  • You are a representative of the Department and most often the senior ranking official.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What role for the FPPA play in investigations?

A

The fire service investigates under the FPPA to determine cause, origin and circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Can you lay charges under the FPPA?

A

No.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Do you investigate and charge under the Criminal Code for Arson?

A

No, we do NOT investigate and charge under the Criminal Code for Arson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Who is arson investigated by? If you request an investigator what are some questions you might be asked?

A

Arson is investigated by Police and they require a warrant, unlike an investigation under the FPPA.

If you request an investigator you will be asked a number of questions.

  • Did you talk to your crews?
  • How much damage?
  • What are the circumstances?
  • Do you suspect arson? If so why?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What happens to things you remove after you know it is arson?

A
  • Anything we remove after we know it is Arson may not be admissible as evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the actions taken if WFRS determines that Arson is highly likely?

A
  • If Arson is highly likely or determined then WFRS will cease an investigation and wait for Police to take over and investigate under the Criminal Code.
  • This is why we often secure the scene and wait for Police.
  • Like the FPPA, the Criminal Code provides Police the right to bring others into the investigation to assist
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Explain what Section 21 of the Occupational Health and Safety Act explains and how this relates to the Fire Service.

A
  • Section 21 allows the minister to appoint committees to advise on specific industries or areas
  • One of these areas is the Fire Service
  • There are section 21 Guidance notes for the Fire Service and WFRS has SOP’s to reflect each Guidance Note. (you should be familiar with the ones that apply to your position)
  • All supervisors in the corporation must receive OHSA training.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Can individual and corporations be charged under the OHSA?

A

Yes, individuals and corporations can be charged for contraventions under this Act.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Explain what Due Diligence means.

A
  • a defence that would prove every precaution “reasonable” under the
    circumstances was taken.
  • ensuring that information, instruction and supervision is provided to a worker to protect his health and safety.
  • compliance initiatives and documentation used to prove all precautions reasonable in the circumstances were taken.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the term “reasonable” loosely defined as?

A
  • a standard that may be known
  • current information
  • Information that is, or should reasonably be readily available, but may not be prescribed in the regulations.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Explain what Expected Standard of Care means.

A
  • customers expect us to deliver safe, consistent, efficient, effective, courteous and professional services at all times under all circumstances.
  • example of NOT doing this occurs when one Captain advises a homeowner that they can contravene the FPPA and allow opening burning by placing a grill on a bonfire, and then the next captain arrives on a subsequent call to the same address and informs the person that they cannot.
  • This causes difficulties throughout the organization, because the first officer did not do their job. They took the easy way out and left the fallout to the next Captain or FPO which also impacts other divisions.
17
Q

Define what is a competent person.

*hint: three aspects

A
  • qualified - because of knowledge, training and experience to organize the work and its performance,
  • familiar with this Act and the regulations that apply to the work
  • aware of hazards - has knowledge of any potential or actual danger to health or safety in the workplace
18
Q

As a captain you are both a worker and supervisor, what are your duties under the Act?

A

Employers and Supervisors must take every precaution reasonable in the circumstances for the protection of a worker

19
Q

According to the Act what determines if something is a critical injury?

hint: seven points

A
  • places life in jeopardy,
  • produces unconsciousness,
  • results in substantial loss of blood
  • involves the fracture of a leg or arm but not a finger or toe
  • involves the amputation of a leg, arm, hand or foot but not a finger or toe,
  • consists of burns to a major portion of the body, or
  • causes the loss of sight in an eye
20
Q

What does WFRS Require?

A
  • Provide for medical treatment
  • Secure scene for safety and take precautions required to stop further imminent injury
  • Preserve scene and evidence
  • Notify Alpha-significant event
  • Joint H&S will be required-assist as directed
  • Complete all documentation and obtain witness statements from personnel as required
  • Proper A/I completion
  • WSIB package to treating physician
  • Employee safety paramount at all times
  • Confidentiality as required
21
Q

What is workplace violence?

A
  • the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker,
  • an attempt to exercise physical force against a worker, in a workplace, that could cause physical injury to the worker,
  • a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker
22
Q

What is workplace harassment?

A

means engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome

23
Q

When does domestic violence become applicable to the workplace?

A

If an employer becomes aware that domestic violence that would likely expose a worker to physical injury may occur in the workplace, the employer shall take every precaution reasonable in the circumstances for the protection of the worker

24
Q

What section in OHSA explains that the refusal work work does not apply to firefighters?

A

Section 43(2)(b)

25
Q

When is a firefighter able to refuse unsafe work?

A

When it is not an emergency (e.g. A piece of equipment is unsafe to use for routine maintenance. )

26
Q

What else does does the act prescribe?

A
  • Regulations for Protective clothing
  • Regulations for aerial devices
  • Enclosed Cabs
  • Securing of Tools
  • Respiratory Protection Program
  • Numerous others
27
Q

What are Section 21 Guidance Notes?

A
  • Minister the power to “appoint committees, which are not committees as defined in subsection 1(1), or persons to assist or advise the Minister on any matter arising under this Act or to inquire into and report to the Minister on any matter that the Minister considers advisable
  • a committee made up of firefighters, chiefs and MOL personnel to advise on fire service safety matters
  • The committee publishes guidance notes which direct fire departments on these matters.
  • May be very specific or general in nature.
  • Usually the result of a serious injury or death
28
Q

What is a specific incident that resulted in a Guidance Note?

A
  • Port Colborne drowning resulted in Ice/water rescue guidance note
29
Q

What is a commercial motor vehicle as defined by the Highway Traffic Act?

A

“commercial motor vehicle”, unless otherwise defined by regulation, means a motor vehicle having attached to it a truck or delivery body and includes an ambulance, a hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes on a highway

30
Q

What defence cannot be used in an absolute liability offence? What must you then prove? Provide some examples of an absolute liability offence.

A
  1. due diligence
  2. you must show that the Crown did not prove beyond a reasonable doubt, that you committed theoffence
  3. Speeding, Red lights, stop signs
31
Q

True or false: We do not prosecute under the criminal code.

A

True

32
Q

True or false: Only an FPO can deem a fire a crime scene.

A

True

33
Q

True or false: we cannot assist police in their investigation

A

False.

Can assist Police in their investigation.

34
Q

True or false: we can be called to give evidence in a trial.

A

True

35
Q

According to the Criminal Code, what is criminal negligence?

A

Every one is criminally negligent whom
(a) in doing anything, or
(b) in omitting to do anything that it his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons
(2) For the purposes of this section, “duty” means a duty imposed by law.

In summary: reckless disregard for the safety of other people

36
Q

What is negligence a result of?

hint: 4 points

A

Negligence is a result of;

  • Failing to follow recommended best practice or guidelines
  • Failing to follow a municipal by-law
  • Failing to follow Provincial Legislation
  • Failing to follow Federal Legislation
37
Q

Who’s responsibility is it to prove negligence or that the “duty of care” was breeched?

A
  • It is for the victim to prove that the defendant owed them a “duty of care”, that that duty was breached, and that they have sustained either foreseeable harm or economic loss as a consequence of thenegligencealleged.
  • A failure to exercise appropriate and or ethical ruled care expected to be exercised amongst specified circumstances.
  • The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property

WFS Captains Class (6 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions