Part II - Enacted First Nations Legislation

Decision Information

Decision Content

SOR/W83T-BY-LAW NlK-iBSE 23 À By-lav; to establish and regulate a Fire Department. 1. In th is By-law,, unless the contents otherwise requires, i ) "Council means the Council o f the Saugeen Indian Reserve Ho. 29. i i ) "Department" means the Saugeen Indian Reserve Fire Department, i i l ) "i-iauiber" means and includes o ff ice r s and. personnel, iv ) "Indian Act" means the Indian Act R3. c. 149. 1. 2. A Department fo r the Saugeen Indian Reserve to be known as the Saugeen Indian Reserve Fire Department is hereby established and the Head o f 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 o f a Deputy Chief and such number of D ivision C hief's , Captains, and other o ff ice r s and members as from time to time, may be deemed necessary by the Council. 4* A) ïiie Fire Chief o f the Department may recommend to the Council, the appointment of any qualified person as a .ember o f the Department. 3) A person is qualified to be appointed a mander of the Department fo r fire Fighting duties i f lie i s : i ) not less than 16 years of age amid, not more than 45 years o f age i i ) has successful!;/ completed, at least Grade 8 or equivalent i i i ) of good character iv ) passes such aptitude tests as nay be required by the Chief o f the Department, and V) is medically f i t to be a member as ce rt ifie d by a physician designated by the Chief o f the Department. C) A person appointed as a member o f the Department fo r Fire Fighting Duties shall be on a probationary period of s ix (o ) months during which period he shall take such training and examinations as may be required by the Chief o f the Department. D) I f a probationary member appointed fo r f ir e fighting duties fa i ls any such training and examinations, the Ciiief of the Department may recommend to the Council, that he be dismissed. 5. The remuneration o f a ll members o f the Department shall be determined by the Council. 6. The Chief of Che Department is responsible to the Council for the proper ai-Anistration and operation of the Department, for the d isc ip lin of i t s members and i ) Hay make such general orders end Departmental rules as may be necessary fo r the care and protection of the property of the Department, fo r the conduct of the members of the Department, and generally for the e ff ic ie n t operation of the Deparb.Lent, provided that buch general orders and rules do not co n flic t with the provisions o f any 3y-lav;s ox the municipality. i i ) Shall review p eriod ica lly the p o lic ie s and procedures o f the Department and may establish an Advisory Committee consisting o f such o ff ice r s as he may determine from time to time to assist him in this duty.
een Band of Indians, By-Law 1 lumber 23 Page 2 i i i ) Shall take a ll proper measures for the prevention, control end extinguishing of f ir e s and for the protection of l i f e and prooerty and shall enforce a ll municipal By-laws respecting f i r e Prevention and exercise the powers and duties imposed on him by the Fire Marshall*s Act. iv ) Inter and make agreements vAth other f i r e fighting departments in the area fo r mutual aid. v) Is responsible for the enforcement o f this % -law and the general orders and Departmental rules. iv ) Shall report a ll f ir e s to the Fire Marshall as required by the Fire Marshall*s Act. The Deputy Chief shall report to the Chief of the Department on the a c t iv it ie s of the divisions that are nis resp on sib ilities and carry out the orders of the Chief, and, in the absence o f the Chief, has a ll the powers end shall perform a ll the duties o f the Chief. A) 'Tiie department is composed of the fo llov in g d iv ision s: Division of Adruinistration, Division o f Apparatus, equipment and 'Communications, Division of Fire lighting , D ili sion of Fire Prevention, Division of Training. B) The Division of apparatus, Equipment and Communications, Fire Fighting and Training are under the direction o f the Deputy Chief who is responsible to the Chief o f the Department for the proper operation of each d iv ision . The Fire Chief i s responsible fo r the carrying out o f the follow ing duties of the Division o f Administration: a) Provide administration fa c i l i t ie s fo r the Chief and Deputy Chief o f the Department. b) Prepare the Departmental Budget and exercise control o f the Budget. c) Prepare the payroll of the Department and in it ia te requisitions fo r materials and services and ce rt ify a ll accounts o f the department. d) Maintain personnel records. e) Arrange fo r the provision o f medical services. f ) Arrange fo r the provision o f new buildings. g) Prepare the annual report o f the Department. h) Carr;; out the general administrative duties o f the Department. i ) Provide lia iso n with the D istrict Fire Co-ordinator. J) Assist the D istr ict Fire Co-ordinator in the preparation o f a D istr ict üaergency Fire Servl.ce Annex and operating procedures.
Saugeen Band o f Indian By-Law Lumbar 23 j.ne Deputy dm ex is in cnarge of she Dayxswon of Apparatus, Dcuipment and Co:-T»aanications and is responsible to the Chief for the carrying out of the following duties o f the Division: 1. Prepare specifica tions fo r the purchase o f apparatus and equipment. 2. maintain end keep in rep-air a ll existing buildings, f ir e equipment fo r f i r e fighting, rescue and salvage apparatus o f the Department. 3. . Idodify apparatus and equipment. i . Provide recharging fa c i l i t ie s for f ir e fighting extinguishers and cylinders and to test end repair hose. 5. IJhere a waterworks Commission is established, provide lia ison in order to ensure an adequate flow o f water in new waterworks projects and the adequate maintenance of existing waterworks fa c i l i t ie s for the use of the department, 6. Issue clotrin g , equipment and cleaning supplies. 7. Receive alarms and dispatch apparatus. 8. Prepare specifications for new Communication Systems and for additions to existing communication systems. 9» maintain the communication system of th e .Départaient. 10. Prepare the annual report and budget o f the Division o f Apparatus, Bquipment and Co: luunications to be suritted to the Division o f Administration. 11. A) ïhe Deputy Chief i s responsible to the C iief o f the Department fox' tiie management and operation of the Division of Fire Fighting and fo r the carrying out o f the following duties of the Division: i ) Prevent, control and extinguish f ir e s . i i ) Conduct, through the Division o f Fire Fighting or the Division ox Fire Prevention, investigations of fire s in order to determine Cause, origin , end where appropriate, to notify the authority having ju risd iction to conduct an investigation, i i i ) Perform rescue and salvage operations and render f i r s t aid. iv ) Respond and assist at such emergencies as may be required by the Chief o f the Department. v) Participate in training at stations. v i) Conduct company f ir e prevention and fam iliarization inspections o f premises. v i i ) Perform .apparatus maintenance and cleaning duties at stations. v i i i ) prepare trie annual report and budget of tne Division o f Fire Fighting to be submitted to the Division o f Administration.
Saugeen Sand o f Indians, By-Law Lumber 23 Page 4 3) A Captain is in command of the corap any to which he is assigned and is responsible fo r the.proper operation o f that company to the Deputy Chis C) t'ihere the Chief of the Department designates a member to act in the place of an O fficer in the department, such member, when so acting, has a i l tiie pov.'ers and shall perform a ll the duties of the o ff ic e r replaced 12. The Fire Chief i s responsible for the carrying out o f the following duties of the Division o f Fire Prevention; a) Conduct Fire Prevention inspections of premises. b) Enforce Fire Prevention By-Laws. c) Examine building plans. d) Provide personnel fo r Fire Prevention lectures. e) .Establish and maintain photography fa c i l i t ie s . f ) maintain f ir e lo ss records. g) Receive, process and follow up reports o f Fire Prevention inspections conducted 'under the Division of Fire fighting. h) Prepare the annual report and budget of the Division o f Fire Prevention to be submitted to the Division of Administration. 15. The Deputy Chief is responsible for the carrying out of the following duties o f tiie d ivision o f trainings a) Conduct training for a ll personnel of the Department in Fire Administration, Fire Prevention and Fire Fighting. d) 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 o f Training to be submitted to the Division o f Administration. 14. A) The Provisions of this section with respect to the Promotion o f members do not apply to the Deputy Chief. 3) Any member having at least 3 years of service with the department may make - application to the Chief of the Department to qualify him fo r promotion to a rank immediately superior to his present rank. 0) Every recarmendation for promotion o f a member made to the Council by the Chief of the Department shall be based on the evaluation o f; a) The results of examinations talien by the member, b) The age and physical fitness o f the mailer, and c) The Fire and station record o f the member. D) l ie n , in the opinion of the Chief o f the Department, a l l other fa ctors fo r promotion o f two or more members are equal, seniority o f ser .lce in the department governs. . E) The Fire Fighting and Station record of each member o f the Department shall be evaluated as follow s;
Saugeen Jand o f Indians, 3y~Lavj dumber 20 5 F) The Chief of the Department and the Deputy th ief snail evaluate all. members of the Department mho are participating in an examination fo r promotion. G) livery applicant for promotion shall take such -written, oral and p ractica l examinations as nay be required by the Chief o f the Department, 15. nvery lerr.ber o f the Department appointed for Fire Fighting duties i s subject to a medical examination at least once annually end at such other times as the Grief of the Department may require. 15. à) Avery member of the Department shall report for duty at the time prescribed by the departmental rules and shall remain on duty until relieved. c) In case of a member fa ilin g to report fo r duty, the O fficer-in-Charge shell report this in writing, through his superior o f f ic e r , to the Chief of the Department. C) No member: a) vAile in uniform, snail enter mi y promises inhere a lcoholic beverages are sold or consumed, except in the performance o f his Departmental duties. b) I f his ab ility is i.pa ired by the use of an intoxicating beverage or drug, shall be permitted to remain on duty. c) Chile on duty, shall consume- any intoxicating beverage or drug. D) No member snail s o l ic i t tne influence or support of anyone in order to secure a transfer, promotion or other advantage. 17. A) The Chief of the Department mop reprimand, suspend or recommend dismissal of any member fo r insubordination, in e ffic ien cy , misconduct, tardiness or fo r non-compliance vdmch any of the provisions of this Dy-lav; or general orders and Departmental rules that in the opinion of the l i e f , mould be detrimental to the d isip line and afficency of the Dep.ailment. O' Folloming the suspension o f any member, the Chief of the Department shall report the suspension and his recommendations to the Council. C) A member shall not be dismissed 'without being afforded the opportunity for a hearing before Council, i f he makes a written request fo r such hearing mithin seven days after receiving notice of his proposed dismissal. ghe Depariment shall not respond to a ca ll v ita respect to a Fire or Emergency outside tne H i t s of the Saugeen Indian Reserve, - except mita respect to a f ir e of emergency, ,i) diiah in the opinion of the Chief of the Department tnreatens property in the Sauyeen Indien Reserve or property situated outside the deserve that is onned or occupied by a municipality,
Sand o f Indians., 3y~Law lumber 23 3) In a municipality with which an agreement has been, entered in to , to 'provide Fire Protection, or C) On property with respect to which an agreement has been entered in to v.ith any person or corporation to provide Fire Protection thereof. This by-law canes into e ffe c t on the Day i t i s passed by Council, PASSFD THIS 7TH DAI GF SIPTSI33H 1977-Janes I-Iason_______ _ Chief, Saugeen Indian Reserve Roy Aesley ____ Councillor 'Vernon Route Councillor Frank 3hav;bedees Councillor Page 6 .- K. Ga vl e na ..— s on Sand ,;ldni_nistratrix Saugeen Indian Reserve _______ Ruth .loobe Councillor Carol Solomon Councillor Chester Ritcliie Councillor
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