Legislation 2022 Flashcards
(37 cards)
What are the main Acts affect the fire service?
*hint: there are 11
- 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
Define the following: SHALL, MUST, DUTIES, POWERS, MAY, RIGHT, DELEGATE
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)
What is the Fire Protection and Prevention Act (FPPA)? How many parts is it divided into? What does it establish?
- 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
What else does the FPPA establish?
- 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
Why should you know the FPPA?
- 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.
What role for the FPPA play in investigations?
The fire service investigates under the FPPA to determine cause, origin and circumstances
Can you lay charges under the FPPA?
No.
Do you investigate and charge under the Criminal Code for Arson?
No, we do NOT investigate and charge under the Criminal Code for Arson
Who is arson investigated by? If you request an investigator what are some questions you might be asked?
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?
What happens to things you remove after you know it is arson?
- Anything we remove after we know it is Arson may not be admissible as evidence
What are the actions taken if WFRS determines that Arson is highly likely?
- 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
Explain what Section 21 of the Occupational Health and Safety Act explains and how this relates to the Fire Service.
- 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.
Can individual and corporations be charged under the OHSA?
Yes, individuals and corporations can be charged for contraventions under this Act.
Explain what Due Diligence means.
- 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.
What is the term “reasonable” loosely defined as?
- 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.
Explain what Expected Standard of Care means.
- 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.
Define what is a competent person.
*hint: three aspects
- 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
As a captain you are both a worker and supervisor, what are your duties under the Act?
Employers and Supervisors must take every precaution reasonable in the circumstances for the protection of a worker
According to the Act what determines if something is a critical injury?
hint: seven points
- 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
What does WFRS Require?
- 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
What is workplace violence?
- 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
What is workplace harassment?
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
When does domestic violence become applicable to the workplace?
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
What section in OHSA explains that the refusal work work does not apply to firefighters?
Section 43(2)(b)
