Indian an<I Northern Allairês indiennes IJL.; i. / , * > i v> i. A ! All iv.> jj Chronological no. - N “ consécutif B Allairs Canada el du Nord Canada NORTHERN DEVELOP VIENT _______ V * /' X f File reference no. - N® de référence du dossier BAND COUNC il r e s o h!M8î 71995 RÉSOLUTION DE IONSEIL DE BANDE ( # 203-95-25 loi — S totîx lookotrtr̂ ntarta-' NOTE: The words "from our Band Funds" "capital” or "revenue", whi __ is t h ^ ^ e j tnwst appeai--m airtaao iu i.o « ^ ^ e s trT ^ x p e n d 1tures from Band Funds. NOTA: Les mots "des fonds de notre bande" "capital" ou "revenu" si e cas doivent paraître dans toutes les résolutions portant sur des dépenses à même les fonds des bandes. Cash free balance - Solde disponible The council -of the Capital account Le conseil de MISHKEEGOGAMANG FIRST NATION Compte capital j à D-J . M Y-A Province Date of duly convened meeting m Revenue account Date de rassemblée dûment convoquée f 12 | 3 | Q | 3 9| 5 ONTARIO Compte revenu j DO HEREBY RESOLVE: DECIDE, PAR LES PRÉSENTES: WHEREAS, a by-law establishing and regulating the Mishkeegogamang Fire Service has been duly passed; WHEREAS, there is a need for the Fire Protection Program in Mishkeegogamang; THEREFORE BE. IT RESOLVED, that the by-law regulating the Mishkeegogamang Fire Service be adopted and accepted by virtue of this resolution and empower the said document. (Councillor - Conseiller) (Councillor -- Conseiller) (Councillor -- Conseiller) FOR DEPARTMENTAL USE ONLY - RÉSERVÉ AU MINISTERE Expenditure - Dépenses Authority (Indian Act Section Source of funds Expenditure - Dépenses Authority (Indian Act Section Source of funds Autorité (Article de la Loi sur Source des fonds Autorité (Article de ta Loi sur Source des fonds les Indiens) les Indiens) □ c a p ü a . C t a S * □ c a p i t a , Recommending officer - Recommandé par Recommending officer - Recommandé par • Signature Date Signature Date Approving officer - Approuvé par Approving officer - Approuvé par Signature Date Signature Date 80-5 ( 12-89) 7530-21-036-8582 Canada
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MISHKEEGOGAMANG FIRST NATION BY-LAW NUMBER 1995- OOl A BY-LAW TO ESTABLISH AND REGULATE THE MISHKEEGOGAMANG FIRST NATION FIRE SERVICE THE CHIEF AND COUNCIL OF MISHKEEGOGAMANG FIRST NATION ENACTS AS FOLLOWS: 1. INTERPRETATION In this by-law unless the context otherwise requires; a) "Fire Marshal" means the head executive officer appointed by the Chief and Council by contract as the head administrator of the Mishkeegogamang Fire Service for Mishkeegogamang First Nation and Traditional Territory; b) "Fire Chief" means the assistance Chief Fire Officer appointed by Chief and Council as the Assistant to the Fire Marshal for the purpose of training to be a Fire Chief, upon completion of training shall assume the duties as head administrator by appointment by the Chief and Council of the Mishkeegogamang First Nation and Traditional Territory; c) "Company" means a complement of trained personnel operating one or more pieces of apparatus under the supervision of an officer; d) "Company Officer" means a Captain grade officer in charge of a company; e) "Chief and' Council" means the duly elected Indian Chief and Band Councillors, in accordance with the provisions of the Indian Act, of Mishkeegogamang First Nation; f ) "Battalion Chief" means the assistance deputy to the Fire Chief as appointed by the Chief and Council, and assumes the position of Acting Fire Chief in the absence of the Fire Chief or in the case of vacancy in that office; g) “Fire Apparatus" means any vehicle provided with machinery, devices, equipment or materials for fire fighting as well as vehicles used to transport fire fighters and suppliers; h) "Fire Protection" means all aspects of fire safety including, but not limited to fire prevention, fire suppression, pre-fire planning, fire investigation, public education, information and assistance, training and development, as well as advising interested persons or parties on matters related to fire safety; i) "Fire Ground Commander" means the officer who assumes the overall command and control of personnel and apparatus at a fire scene; j) "Full Time Fire fighter" means a person; regularly employed in the Fire Service on a full time salaried basis and assigned to the community's fire protection program, arid iricludes officers and technicians; k) "Operational Guidelines" means appropriate written procedures to guide Officers and Fire fighters in all functional areas of fire service responsibilities;
Page number 2 of By-Law Number 1995 l) "Standard Operating Procedures" means appropriate written procedures often associated with extensively used, well established and widely accepted methods of doing or carrying out various tasks; m) "Superior" means a member who stands higher in rank, grade or classification than another; n) "Service" means the Mishkeegogamang First Nation Fire Service; o) "Part Time Fire Fighter" means a person employed in the Mishkeegogamang Fire Service on a part time paid per call basis; p) "Forest Fire Fighter" means a person seasonally employed by the Mishkeegogamang First Nation, under the M.N.R./ Band Fire Fighting agreement and who is subject to the Code of Conduct and Discipline which forms schedule "A" of.this by-law. 2 The mission statement and primary objectives of the Mishkeegogamang Fire Service shall be as those, contained in Appendix "A" of this By-law and the service shall be organized in accordance with Table 1 of this By-Law. 3 The Provisions of this By-Law shall not supersede and as well be subject to provisions of the Fire Departments Act, all other Federal Acts, Criminal..Code, and other related By-laws that are currently in force. 4 The Firé Marshal of Mishkeegogamang First Nation and Traditional Territory shall train a Fire Chief and upon the completion of that training and at his discretion shall relinquish his appointment by the Chief and Council, so that, the Fire Chief can be duly appointed as the Chief Fire and Building Official of Mishkeegogamang First Nation and Traditional Territory, to be known as the Fire Chief of Mishkeegogamang First Nation and Traditional Territory. 5 Upon the appointment of the Fire Chief by the Chief and Council, there shall be no more Fire Marshal or related position within the Mishkeegogamang First Nation or the Mishkeegogamang Fire Service as the overall scope of the Community Fire Protection Development would be completed. 6. There shall be re-appointment of the past Fire Marshal in the event that; a) the community fire protection program is in jeopardy <tfr failure; b) the community fire protection program has failed; c) the community fire protection program is not managed properly to the point that the community will suffer from the lack of this service. 7. Until such time that the Fire Chief is formally appointed/ there shall be a Fire Marshal, Fire Chief Trainee, Battalion Chief and Such members of Officers and members as from time to time may be deemed necessary by the Chief and Council.
Page 3 of By-Law number 1995 8. A person is qualified to be appointed a member of the Mishkeegogamang Fire Service who; i) is not less than 18 years of age; ii) has attained a minimum of Ontario grade 10; iii) is of good character; iv) has not been convicted of an indictable offence in a two year period; v) is pronounced medically fit by a physician vi) is a Band Member. 9v Any people appointed for the Fire Service shall serve a probationary period of 12 months, during which period they shall take such special training and examination as may be established from time to time by the Fire Marshal. If a probationary member appointed by for fire fighting duties fails any such examinations, the Fire Marshal may be recommended to the Chief andC ouncil that he or she be dismissed. 10. This by-law recognizes and adopts the following Codes for enforcement on Mishkeegogamang Territory for the appropriate occupancies: a) National Fire and Building Codes for those occupancies under Federal Jurisdiction; b) Ontario Regulation 67/87, Fire Marshal's Act and The Ontario Fire Code for those occupancies under Provincial Jurisdiction; c) The National Fire Protection Association. Manual of Articles where fire safety is concerned in the community. 11. 1./ The Fire Marshal is responsible to the Band Administrator for the proper administration and operation of the Mishkeegogamang Fire Service, and for the efficiency and conduct of it's members and; a) shall make such rules and regulations, general and special orders, department policies and procedures as may be necessary for care and protection of the property of the service, and for the efficiency and conduct of it's members; b) shall review regularly and amend as required, the policies and procedures of the service and may establish an advisory committee to assist him/her in those duties; c) shall develop, and publish such written Standard Operating Procedures and/or Operating Guidelines, such general/spècial orders and departmental rules as may be necessary for the lawful care and protection of the service, service equipment and personnel and generally for the efficient operation of the service, provided that such general orders and rules do not conflict with any other law, code or statute;
Page # 3 of By-Law 1995 ll.i/d) shall take proper measures for the prevention, control and extinguishment of fires for the protection of saving life and property, shall enforce those codes adopted by this by-law, the pertinens sections of the Criminal Code where it is determined that a crime has been committed respecting the use of explosives, arson fires, property damage or bodily injury caused by fire intentionally or recklessly set, or caused by a marked departure from fire prevention laws including but not limited to; i) the investigation of those offence; ii) pull down or demolish any building or structure to prevent the spread of fire or cause a dangerous circumstance; iii) when unable to contact the property owner, to take such necessary action which may include boarding or barricading of buildings or property to guard against fire or other danger, risk or accident. e) shall report all fires to the Fire Commissioner of Canada; f) shall submit to the Band Administrator for the approval of the Chief and Council, the annual estimates of the service. 12. The Mishkeegogamang Fire Service shall be comprised of the following divisions under the general supervision of the Fire Marshal; Administration, - Community Fire Protection, Training, -M C e o c m h m a u n n i i c c a a l t . ions and 13. The Fire Marshal has complete responsibility and authority of the Fire Service operation, subject to the direction and control of quorum of the Chief and Council to which he/she shall be responsible. In particular the fire service shall be required to carry out all fire protection activities and such other activities as the Chief and Council directs, including but not limited to: Ice and Water Rescue Auto Extrication Emergency Medical Support Incidents involving fire and/or explosion Hazardous Materials accidents or spills Other incidents presenting a danger to the pubic Fire prevention and Education Fire Investigation Pre-fire planning C Fi o r m e m un a i n t d y R E es m c e u r e g en T c r y a in P i r n e g paredness 14. The Fire Marshal and his/her designate may obtain assistance from other officials and employees of the Band as deemed necessary in order to discharge their duties and responsibilities under this by-law.
Page 5 of By-Law number 1995 15. Within the jurisdiction of' the Fire Marshal and Officers of the Mishkeegogamang Fire Service, fire apparatus or equipment shall not be used at a fire or emergency beyond the limits or boundaries of Mishkeegogamang First Nation and Traditional Territory with the following exceptions : a) when property and lives are threatened within the boundaries of the traditional territory; b) when property or lives are threatened outside traditional territory whom owned or occupied by Mishkeegogamang First Nation; c) when property or lives of employee's of the Band are threatened while performing their duties outside the traditional territory; d) with a foreign municipality which has entered into an agreement in accordance with the provisions of a Mutual aide Agreement/System; e) on property where a written agreement, authorized by the Chief and Council, has been entered into, with any person or corporation to provide fire protection; f) where the Fire Marshal or his/her designate has determined that immediate action is necessary to preserve and protect life and/or property, and the department in authority is notified and/or assumes command. 16. The Fire Service shall not-, enter into any contracts or agreements for service to another foreign municipality or agency, unless negotiated, approval and signed by the Chief and Council. 17. It is a mandatory requirement that all Band Programs contribute to their fire safety in the form of providing funding for their own fire protection as assessed through the fire protection fée structure. 18. It is a mandatory requirement that all other foreign agencies, companies,. corporations and business located within the boundaries of Mishkeegogamang First Nation contribute to their fire safety in the.form of providing funding for their own fire protection as assessed through the fire protection fee structure and through formal fire protection agreements. 19. The Fire Chief is responsible for the enforcement of this by law, fire service general and special orders, policies and procedures, and may reprimand, suspend or recommend dismissal of any member for, insubordination, inefficiency, misconduct, tardiness or for non compliance with any provisions of this by-law or general orders, departmental rules, and Band Policies, that in the opinion of the Fire Marshal would be detrimental to the discipline and efficiency of the service. The rules and regulations, code of conduct discipline designated as schedule "A" hereto, shall form part of this by law. 20. No person shall represent themselves as the Fire. Marshal, an officer or member of the Mishkeegogamang Fire Service or display any accoutrements of insignia for the purpose of such false representation. 21. All members of the Mishkeegogamang Fire Service shall be issued with this by-law.
Page 6 of By-Law number 1995 22. a) While a fire is in progress, every unauthorized person shall keep clear of the area where fire fighters are working, and shall retire to a further distance when so directed by a fire fighter or Police Officer; b > It shall be an offence against the provisions of this by law, i) for any person to obstruct or hinder any fire fighter of other person assisting and fighting a fire, or dealing with any other emergency involving the Mishkeegogamang Fire Service, or ii) for any person to drive a vehicle over any fire hose without the permission of the Fire Ground Commander, or iii) for any person to interfere with the operation of any equipment of the Mishkeegogamang Fire Service. c) Any person convicted of contravening sections 20 and 22 of this by-law shall forfeit and pay, at the discretion of the conviction Judge or Justice of the Peace, a penalty not exceeding the sum of TWO THOUSAND ($2,000.00) DOLLARS, exclusive of costs, for each offence, such penalty and costs to be recoverable under the provisions of The Summary Convictions Act. 23. Any legal suit brought against the Fire Marshal, or any Officer or member of the Mishkëegogamang Fire Service, because of an act or omission performed by them in the enforcement of any provision of this by-law, shall be defended by the Mishkeegogamang First Nation Band, until final determination of the proceedings.
Page 7 of By-Law Number 1995 Enacted and passed this ^ 3 day of ilVAoi^oU A.D. 19 ?^ , by quorum of Chief and Council. Quorum is 4. Read First Time this /4 *3 day of KAciv-du , A.D. Read a Second Time this /4~t^- day of W\cur<JU. { \c\alc? , A.D. Councillor Councillor
Appendix A MISSION OF STATEMENT AND PRIMARY OBJECTIVES OF THE MISHKEEGOGAMANG FIRE SERVICE Mission statement: "We the members of the Mishkeegogamang Fire Service dedicate our efforts to provide fire protection services through a variety of programs designed to protect the lives and property of the community members, visitors, travellers throùgh our community, Band and Employees from the adverse effects of fires, sudden medical emergencies, or exposure to dangerous conditions created by man or nature; first to their community; second, to those other outside governments, agencies, municipalities and interested parties requiring assistance through authorized emergency fire service agreements, and through authorized Mutual Aide Programs." The Primary Objectives of the Mishkeegogamang Fire Service are to: 1. Identify and review the fire service requirements of the community and traditional territory; 2. Provide and administrative process consistent with the needs of the fire service; 3. Ensure that fire fighting equipment and operating personnel are available within the community to provide adequate response and service to a call within a reasonable length of time; 4. Provide training to fire service personnel, to the accepted standard, which will ensure the continuous upgrading of all personnel in the latest techniques of fire prevention, fire fighting, and control of emergency situations and cooperate with other outside departments with the respect to management training and other programs; 5. Provide a preventative maintenance program to ensure that all fire apparatus and equipment is ready to respond to any emergency calis; 6. Provide an effective fire prevention program to: a) . ensure, through plan examination and inspection, that required fire protection equipment is installed and maintained within buildings to applicable Code standards; b) reduce and/or eliminate fire hazards; c) ensure compliance with Federal, Provincial (where applicable) and Band Fire Prevention legislation, statutes, codes and regulations in respect to fire safety. 7. Develop and maintain an effective public information system and educational program, with particular emphasis of school fire safety programs and commercial, industrial and institutional staff training; 8. Ensure in the event of a major catastrophe in the community, assistance to cope with the situation is available from outside agencies; 9. Develop and maintain a good working relationship with all federal, provincial and municipal departments, utilities and agencies, related to the protection of life and property; 10. Interact with other fire departments respecting the aspects of fire on any given program.
Schedule "A BULBS AND REGULATIONS - GENERAL All members shall comply with all the rules and regulations as herein prescribed. No member of the Fire Service shall prevent any other member from carrying out the prescribed rules and regulations of act in any way that will interfere with the efficiency of the Fire Service. All contravention shall be reported to the Fire Marshal. The Fire Marshal shall then apply the necessary disciplinary action against such member or members. (1) On Duty Personnel relieved at 0845 and 1630. The on duty personnel will report for Roll Call at 0850 and 1650 on the apparatus floor in an orderly fashion wearing their latest issue of fatigue clothing and safety foot ware. No personnel will put their turnout gear on a vehicle until they are wearing fatigue clothing. No personnel will wear clothing other than fatigues until being relieved. (2) Any member reporting for duty after 0900 hours shall be considered late, and same reported on the Daily Report Sheet and in the Officer's Daily Log. (3) No member shall loan out tools or other equipment without prior permission from the Fire Marshal. Such transactions are to be recorded in the station log book and signed by the person receiving such wares as being fully responsible to replace such articles should they become misplaced, lost, stolen or broken. (4) Members finding articles of value (money, jewellery) at an emergency scene shall hand such articles to their superior. If it is found to be necessary, officers may turn such valuables to the owners or Police Officer shall be duly witnessed. Such transfer information will be included in the fire report. (5) When regulation dress uniform in worn, the only adornment shall be badges of rank or badges of proficiency, war service ribbons or discharge buttons, and membership buttons of the Professional Fire Fighters Association. Uniforms shall be properly cared for and kept neat and clean. Tunics and topcoats shall be properly buttoned up when worn. All foot wear worn while in dress uniform shall be black and highly shined shoes or boots. (6) Members shall not leave their fire station when on duty unless permission is granted by a Chief Officer who is authorized to grant such permission. (7) Apparatus drivers shall observe the regulations of The Highway Traffic Act at all times. It shall be the responsibility of all drivers to have motor vehicles under control at all times. Drivers are reminded the safety of the personnel and apparatus is their responsibility. (8) Members shall immediately report to their Company Officer any damage to apparatus or equipment. (9) When a fire fighter is detailed as and Acting Captain, he shall be allowed the privileges of that rank, and any proper order given by him, shall be obeyed. (10) When off duty, dress uniforms shall not be worn unless permission is granted by the Fire Marshal. (11) No member shall replace, at his or her own expense, any Fire Service property issued to him, or in his or her charge, which is lost or damaged through carelessness or neglect.
(12) All members shall report any accidents to their Company Officer and fill out in duplicate the necessary Compensation any Injury forms. (13) Unauthorized use of badges or other Fire Service identification for the purpose of entering places of public amusement where payment is required, without the authority for inspection, is positively prohibited. (14) Any member of the Fire Service reporting for duty, or found while on duty to be under the influence of intoxicants or illegal drugs, shall be immediately relieved of duty. (15) No member shall enter a liquor store or beverage room or any place where intoxicants are sold or consumed while in uniform unless it be in his/her line of duty. (16) Gambling of any kind is strictly prohibited among the members while in duty. (17) While on duty, no member shall use profane or, at any time, be guilty of conduct which may be prejudicial to the good reputation, order and discipline of the Fire Service. (18) A member shall treat as confidential all official business of the Fire Service. He shall not talk for publication, nor be interviewed, nor make public speeches on fire business, nor shall he or she impart information relating to the official business of the Fire Service to anyone, except: (a) under process of law, (b) as directed by, or with permission of the Fire Marshal. (19) Every member shall devote his or her on-duty time to the business of the Fire Service,'and is expressly prohibited from being engaged in, or giving personal attention to, any other business during his tour of duty. (20) The parking of private cars at fire stations is a privilege extended to Fire Service members. The Band shall be held blameless for any damage that might result to a member's vehicle while so parked. Personal vehicles must be parked in such a manner as will not interfere with Fire Service vehicles. (21) No members of the Fire Service shall sell tickets of solicit advertising subscriptions, gifts of contribution for any purpose whatsoever, in the name of the Fire Service, without the permission of the Fire Marshal. (22) Every member exposed to any hazardous materials shall have this fact entered in his medical record, including the name of the material; the nature; and the duration of his possible exposure to it. (23) Any forest fire fighters injured on the job, however slight, shall see a physician as soon as is practicable. (24) A crew boss shall complete a full accident report for any fire fighter injured in the job. Such report will be photocopied and the ORIGINAL brought back after the tour of duty. Photocopies to be given to; 1) M.N.R. 2) W.C.B. 3) Files
Schedule "A CODEQF CONDUCT AND DISCIPLINE Any member of the Fire Service who commits and is found guilty of any offence herein prescribed, is subject to disciplinary action. 1. Discreditable Conduct - this is to say, if he or she; a) acts in a manner which is prejudicial to discipline or discredits the reputation of the Fire Service or fellow employees in their capacities as a member of the service, b) is guilty of oppressive of tyrannical conduct towards a subordinate in rank, c) uses profane, abusive or insulting language to any other member of the Fire Service or any member of the public while on duty, d) wilfully or negligently makes any false complaint or statement against any member of the Fire Service or any member of the pubic in any matter relating to the operation of the Fire Service, e) assaults any other member of the Fire Service of any member of the public while on duty, f) withholds a complaint in any matter relating to the operation of the Fire Service, g) is guilty of an indictable offence under the Criminal Code of Canada or under-any other Federal Statute, 2. Insubordination - that is to say, if he or she; a) is insubordinate by act or word, or without lawful excuse, disobeys, omits or neglects to carry out any lawful order, b) wilfully incites fellow employees to disobey, omit or neglect to carry out a lawful order, instruction, or assignment, 3. Neglect of Duty - that is to say, if he or she; a) without lawful excuse, neglects of omits promptly and diligently to perform a duty as a member of the Fire Service, b) fails to work in according with orders or instructions, or leaves a place of duty without due permission or sufficient cause, c) feigns or exaggerates sickness or injury to evade work without excuse, d) is absent without authority of late for work without excuse, e) is improperly dresses, dirty or untidy in person while on duty, f) knowingly fails to report a matter that is his or her duty to report as a member of the Service, g) knowingly omits to make any necessary entry in an official document, report or record relating to the operation of the Service,
D.egej.t - that is to say, if he or she; a) knowingly as a member of the Service makes or signs a false statement in an official document, report or record related to Fire Service business, b) wilfully or negligently makes a false, misleading or inaccurate statement pertaining to official duties, c) without lawful reason, destroys or mutilates an official document, report or record relating to the Fire Service of alters or erases any entry therein, Corrupt Practice - that is to say, if he or she in a matter relating to the operation of the Fire Service; a) takes a bribe, b) fails to account for or make a prompt, true return of money or property received in an official capacity, c) directly or indirectly solicits or receives a gratuity, present, pass subscription or testament for performing Fire Services duties without official authority, d) improperly uses position in the Fire Service for private advantage, Breach of Confidence - that is to say, if he or she; a) divulges a confidential matter relating to his/her duties, b) without proper authority communicates to the public, news media or to any unauthorized person, a confidential matter connected with the Fire Service, Unnecessary Exercise of Authority - that is to say, if he or she; a) is uncivil to a member of the public while acting as a member of the Service, Damage to Clothing. Property or Equipment - that is to say if he or she; a) wilfully or negligently cause waste, loss or damage to any article of clothing or equipment, or to any book, document, report, record or other property of the Fire Service or the Band, b) knowingly fails to report such waste, loss or damager however caused, Intoxicating Liquor or Drugs - that is to say, if he or she; a) reports for duty in an unfit condition through drinking an intoxicating liquor or beverage or taking a drug, b) drinks intoxicating liquor or takes a drug while on duty, c) is in an unfit condition, while on duty, through drinking an intoxicating liquor or beverage, or taking a drug, d) demands, persuades or attempts to persuade another person to give or purchase or obtain for a member of the Fire Service any intoxicating liquor, while on duty,
SPBMIIOM OF_XHJS_CQPB_OF DISCIPLINE A member of the Fire Service guilty of an offence against the code of discipline is liable to: a) written warning; or b) suspension; or c) summoned before Chief and Council on a recommendation that the member or officer resign within seven (7) days, in default of resigning, be summarily and permanently dismissed from the Fire Service in this Community. d) summoned before Chief and Council on a recommendation of permanent dismissal from the Fire Service in this Community. The penalty to be imposed in any circumstance shall not be affected by the order of listing of the penalties in this schedule.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.