O. Reg. 423/09: Firefighters


Published: 2009-11-04

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ontario regulation 423/09

made under the

Workplace safety and insurance act, 1997

Made: October 7, 2009
Filed: November 4, 2009
Published on e-Laws: November 5, 2009
Printed in The Ontario Gazette: November 21, 2009


Amending O. Reg. 253/07

(Firefighters)

1. Sections 1 and 2 of Ontario Regulation 253/07 are revoked and the following substituted:

Definitions

1. In this Regulation,

“firefighter” has the same meaning as in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; (“pompier”)

“fire investigator” means,

(a) a worker to whom the Fire Marshal appointed under subsection 8 (1) of the Fire Protection and Prevention Act, 1997 has delegated the duty to investigate the cause, origin and circumstances of a fire, or

(b) a worker who was an inspector appointed under subsection 2 (4) of the Fire Marshals Act

before that Act was repealed by the Fire Protection and Prevention Act, 1997; (“enquêteur sur les incendies”)

“full-time firefighter” means a worker who is a firefighter, is regularly employed on a salaried basis and is scheduled to work an average of 35 hours or more per week; (“pompier à temps plein”)

“part-time firefighter” means a worker who is a firefighter and is not a volunteer firefighter or full-time firefighter. (“pompier à temps partiel”)

Prescribed classes

2. The following are prescribed as workers for the purposes of subsections 15.1 (1) and (4) of the Act:

1. Full-time firefighters.

2. Part-time firefighters.

3. Volunteer firefighters.

4. Fire investigators.

2. (1) Clause 3 (a) of the Regulation is amended by striking out “full-time firefighter” and substituting “full-time firefighter, part-time firefighter, volunteer firefighter or fire investigator”.

(2) Clause 3 (b) of the Regulation is amended by striking out “full-time firefighter” and substituting “full-time firefighter, part-time firefighter, volunteer firefighter or fire investigator”.

3. (1) Clause  5 (1) (b) of the Regulation is amended by striking out “was employed as a full-time firefighter” and substituting “was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter”.

(2) Subsection 5 (2) of the Regulation is amended by striking out “was employed as a full-time firefighter” and substituting “was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter”.

(3) Subsection 5 (3) of the Regulation is amended by striking out “was employed as a full-time firefighter” and substituting “was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter”.

(4) Subsection 5 (4) of the Regulation is amended by striking out “was employed as a full-time firefighter” and substituting “was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter”.

(5) Subsection 5 (5) of the Regulation is amended by striking out “was employed as a full-time firefighter” and substituting “was employed as a full-time firefighter, part-time firefighter or fire investigator or served as a volunteer firefighter”.

(6) Section 5 of the Regulation is amended by adding the following subsection:

(6) The following rules apply to the calculation of time periods for the purposes of clause (1) (b) and subsections (2), (3), (4) and (5):

1. All periods of employment as a full-time firefighter, part-time firefighter or fire investigator and all periods of service as a volunteer firefighter, whether consecutive or non-consecutive, shall be included, subject to paragraph 2.

2. If a worker is employed in a capacity mentioned in paragraph 1 and also, during the same period, is employed in another capacity mentioned in paragraph 1 or serves as a volunteer firefighter, the period shall be counted only once.

4. This Regulation comes into force on the day it is filed.

 

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