Part II - Enacted First Nations Legislation

Decision Information

Decision Content

CHIPPEWAS OF RAMA DISTRICT - PETERBOROUGH PLACE - RAMA PROVINCE - ONTARIO RESERVE #32 DATE - 7th April 1982 BY-LAW NO. 82-19 (A) That the Rama Band Council pass a By-Law being a By-Law to establish and regulate a Fire Department. (B) And to establish a Fire Safety Committee, to monitor and assess the progress and function of the Volunteer Fire Department. (C) This By-Law to be known as No. 82 - 19. 1. In this By-Law, unless the contents otherwise requires: i) "Council" means the Council of the Chippewas of Rama Reserve # 32. ii) "Department" means the Chippewas of Rama Volunteer Fire Department. iii) "Member" means and includes officers and personnel. iv) "Indian Act" means the Indian Act RS. c. 149. 1. v) "Committee" means the Fire Safety Committee" 2. A Department for the Chippewas of Rama to be known as the Chippewas of Rama Volunteer Fire Department is hereby established and the Head of the Department shall be known as the Fire Chief of the Department. 3. In addition to the Fire Chief of the Department, the Department Personnel shall consist of a Deputy Chief and such number of Division Chiefs, Captains, and other officers and members as from time to time may be deemed necessary by the Council. 4. Fire Safety Committee terms of reference shall be to: a) Monitor and assess the progress and function of the Chippewas of Rama Volunteer Fire Department; b) Assist in the recruitment and selection process for the Chippewas of Pars Volunteer F ire Department; r) c . . r ;Vrt ta.ro i-: à haa.aLâ i'on of n';l of the following clauses; d) Provide continuaty for the Fire Safety Fixe Prevention program; e) Provide support end hack -up services to the Volunteer Fire Department; f) Make rcccxmiandations to "he Paid Council (via reports) . .. .2
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- 2 a) The Fire Chief of the Department may recommend to the Council, the appointment of any qualified person as a member of the Department; b) A person is qualified to be appointed a member of the Department for fire fighting duties if he is: i) not less than 18 years of age and not more than 50 year of age; ii) has sucessfully completed at least Grade 8 or equivalent; iii) of good character; iv) passes such aptitude tests as may be required by the Chief of the Department, and; v) is medically fit to be a member as certified by a physician designated by the Chief of the Department. c) A person appointed as a member of the Department for Fire Fighting Duties shall be on a probationary period of 1 year during which period he shall take such training and examinations as may be required by the Chief of the Department; d) If a probationary member appointed for fire fighting duties fails any such training and examinations, the Chief of the Department may recartmend to the Council, that he be dismissed. The remuneration of all members of the Department shall be determined by the Council. The Chief of the Department is responsible to the Council for the proper administration and operation of the Department, for the discipline of its members, and: i) May make such general orders and Departmental rules as may be necessary for the care and protection of the property of the Department, for the conduct of the members of the Department, and generally for the efficient operation of the Department, provided that such general orders and rules do not conflict with the provisions of any By-Laws of the municipality. ii) Shall review periodically the policies and procedures of the Department and may establish an Advisory Committee consisting of such officers as he may determine from time to time to assist him in his duty. iii) Shall make all proper measures for the prevention, control and extinguishing of fires and for the protection of life and property and shall enforce all Municipal By-laws respecting Fire Prevention and exercise the powers and duties imposed'on him by the Fire Marshall's Act. iv) Enter and make agreements with other fire fighting departments in the area for mutual aid. v) Ts r --sponsible for t'-? r Aercernent of :'v."a p'-dav •:.r)d the general orders and lap or ira ~a.L rules. vi) Shall report all fires to the Fire Safety officer, Ontario Region of the Department of Indian Affairs and Korthern Development. The Deputy Chiefs shall report to the Chirr of lire Department on the activities of the divisions that are liei»: responsibilities and carry out the orders of the Chief, and, in tire absence of the Chief, has all the powers and shall perform all the duties of the Chief. .. .3
- 3 -9. a) The Department is composed of the following divisions : Division of Administration Division of Apparatus and Equipment Division of Fire Fighting Division of Fire Prevention Division of Training Division of Communications b) The Division of Apparatus and Equipment, Division of Corrmunications, Fire Fighting and Training are under the direction of the Deputy Chiefs Who are responsible to the Chief of the Department for the proper operation of each Division. 10. The Fire Chief is responsible for the carrying out of the following duties of the Division of Administration: a) Provide administration facilities for the Chief and Deputy Chiefs of the Department. b) Prepare the Departmental Budget and exercise control of the Budget. c) Prepare the payroll of the Department and initiate requisitions for materials and services and certify all accounts of the Department. d) Maintain personnel records. e) Arrange for the provision of medical services. f) Arrange for the provision of new buildings. g) Prepare the annual report of the Department. h) Carry out the general administrative duties of the Department. i) Provide liaison with the District Fire Co-Ordinator. j) Assist the District Fire Co-Ordinator in the preparation of a District Emergency Fire Service Annex and operating procedures. 11. The Deputy Chiefs are in charge of the Division of Apparatus, Equipment and Communications and is responsible to the Chief for the carrying out of the following duties of Divisions: a) Prepare specifications for the purchase of apparatus and equipment. b) Maintian and keep in repair all existing buildings, fire equipment for fire fighting, rescue and salvage apparatus of the Department. c) Modify apparatus and equipment. d) Provide recharging facilities for fire fighting extinguishers and cylinders and to test and repair hose. e) a r e a v;ater narks Coredsslan is -s'-.ablished, provide liaison in dor to o'su r e r nkay.nte H o " o f water in new waterworks projects and the adequate marV*- s of existing waterworks facilities for the use of the Pep c-' tuent. f) Issue clothing, equipment, and cleaning supplies. g) Receive alarms and dispatch apparatus. h) Prepare specifications for new Communications Systems and for additions to existing corrmunication systems. . . . 4
- 4 -11. i) Maintain the cornmunication system of the Department. j) Prepare the annual report and budget of the Division of Apparatus Equipment and Communications to be submitted to the Division of Administration. 12. a) The Deputy Chiefs are responsible to the Chief of the Department for the management and operation of the Division of Fire Fighting and for the carrying out of the following duties of the Division: i) Prevent, control and extinguish fires. ii) Conduct, through the Division of Fire Fighting or the Division of Fire Prevention, investigations of fires in order to determine Cause, Origin, and where appropriate, to notify the authority having jurisdiction to conduct an investigation. iii) Perform rescue and salvage operations and render first aid. iv) Respond and assist at such emergencies as may be required by the Chief of the Department. v) Participate in training at stations. vi) Conduct company fire prevention and familiarization inspection of premises. vii) Perform apparatus maintenance and cleaning duties at stations. viii) Prepare the annual report and budget of the Division of Fire Fighting to be submitted to the Division of Adminsitration. b) A Captain is in command of the Company to which he is assigned and is responsible for the proper operation of the Company to the Deputy Chief. c) Where the Chief of the Department designates a member to act in the place of an officer in the Department, such member, when so acting has all the powers and shall perform all the duties of the officer replaced. 13. The Fire Chief is responsible for the carrying out of the following duties of the Division of Fire Prevention: a) Conduct Fire Prevention inspections of premises. b) Enforce Fire Prevention By-Laws. c) Examine building plans. a) Establish and maintain photography facilities. e) Maintain fire loss records. - coive, , - or : ss and f.-d ' ..,p \ oris of Fire Prevention inspections Provide personnel for Fire Prevention lectures. h) Prepare the annual report and budget of the Division of Fire Prevention to be submitted to the Division of Administration. . . . 5
- 5 -14. The Deputy Chiefs are responsible for the carrying out of the following duties of the Division of Training: a) Conduct training for all personnel of the Department in Fire Administration, Fire Prevention and Fire Fighting. b) Administer training programs in stations. c) Prepare and conduct examinations of members as required by the Chief of the Department. d) Prepare the annual report and budget of the Division of Training to be submitted to the Division of Administration. 15. The Provision of this section with respect to the Premotion of members do not apply to the Deputy Chiefs. a) Any member having at least 3 years of service with the Department may make application to the Chief of the Department to qualify him for promotion to a rank immediately superior to his present rank. b) Every recommendation for promotion of a member made to the Council by the Chief of the Department shall be based on the evaluation of: i) The results of examination taken by the member; ii) The age and physical fitness of the member, and; iii) The fire and station record of the member. c) When, in the opinion of the Chief of the Department, all other factors for promotion of two or more members are equal, seniority of service in the department governs. d) The Fire Fighting and Station record of each member of the Department shall be evaluated as follows: i) The Captain of each company shall evaluate each member of the company. e) The Chief of the Department and the Deputy Chief shall evaluate all members of the Department who are participating in an examination for promotion. f) Every applicant for promotion shall bake such written, oral and practice examinations as may be required by the Chief of the Department. 16. Every member of the Department appointed for Fire Fighting duties is subject to a medical examination at least once annually and at such other times as the Chief of the Department may require. Every nieaber of the Department shall '* eyrrt fur duty at die time prescribed by tire Departmental Rules aid s' ail rouain on duty until relieved. b) In case of a member failing to report for duty, the Officer-In-Charge shall report this in writing, through his superior officer, to the Chief of the Départaient. c) No member: i) While in unit sn, shall enter any premises where alcoholic beverages are sold or consumed, except in the performance of his Departmental duties. .. .6
- 6 -17. c) ii) If his ability is impaired by the use of an intoxicating beverage or drug, shall be permitted to remain on duty. iii) While on duty, shall consume any intoxicating beverage or drug. d) No member shall solicit the influence or support of anyone in order to secure a transfer, promotion or other advantage. 18. a) The Chief of the Department may reprimand, suspend or recommend dismissal of any member for insubordination, inefficiency, misconduct, tardiness or for non-compliance with any of the provisions of this By-Law or general orders and Departmental rules that in the opinion of the Chief, would be detrimental to the discipline and efficiency of the Department. b) Following the suspension of any member, the Chief of the Department shall report the suspension and his recommendation to the Council. c) A member shall not be dismissed without being afforded the opportunity for a hearing before Council, if he makes a written request for such hearing within seven days after receiving notice of his proposed dismissal. 19. The Department shall not respond to a call with respect to a Fire or Emergency outside the limits of the Rama Indian Reserve, except with respect to a fire or emergency: a) That in the opinion of the Chief of the Department threaten property in the Rama Indian Reserve or property situated outside the Reserve that is owned or occupied by a municipality. b) In a municipality with which an agreement has been entered into, to provide Fire Protection, or; c) On property with respect to which an agreement has been entered into with any person or corporation to provide Fire Protection thereof. 20. This By-Law comes into effect on the Day it is passed by Council. 21. This By-Law is to amend and replace By-Taw No. 80 - 14, dated 14th Novariber, 1980. Norman V. Stinson Chief George St. Germain Councillor Feraeth _L._ Sriache - ) -oil lor ltelv.ille Slmcoe Sr. Councillor Joan E . S tricoe Counci ilor
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