BILL NO. 69

(as amended)

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Local Bill

Lunenburg Fire Protection Agreement Implementation Act

CHAPTER 34 OF THE ACTS OF 1998

Michael Baker
Lunenburg

First Reading: November 6, 1998

Second Reading: November 9, 1998

Third Reading: November 26, 1998 (WITH COMMITTEE AMENDMENTS)

Royal Assent: December 3, 1998

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Lunenburg Fire Protection Agreement Implementation Act.

2 (1) In this Act,

(a) "Agreement" means an agreement dated February 12, 1996, between the Town and the Commission as set out in the Schedule to this Act, as modified by this Act, and includes any amendment to, or extension or renewal, of that agreement;

(b) "Commission" means the body corporate referred to in Section 3 of Chapter 91 of the Acts of 1960;

(c) "District" means what were, on February 12, 1996, District Numbers One and Two of the Municipality of the District of Lunenburg, but does not include any island that is not connected to the mainland by a bridge or causeway;

(d) "Town" means the Town of Lunenburg.

(2) Where there is, in this Act, a reference to the Town providing a service, the reference is deemed to include a reference to the Town causing the service to be provided.

(3) In the Agreement, "District" has the same meaning as assigned to it by this Act.

(4) For the purpose of this Act and the Agreement, each expenditure made for the purpose of the Agreement by the Commission or the Town after March 31, 1995, and before February 13, 1996, is deemed to have been made on February 13, 1996, unless the parties otherwise agree.

(5) For the purpose of Sections 9 to 16, a person provides emergency services where that person provides

(a) firefighters, apparatus, machinery, implements or equipment for the extinguishment of fires or attendance at the scene where there exists a possible risk of fire, or

(b) ambulance or water rescue service, whether or not that service is provided with respect to a fire,

but a person does not provide emergency services for the purpose of those Sections by reason only of providing fire inspection or hydrants or by reason only of constructing or maintaining fire ponds and expending money to carry out such purposes or by reason only of imposing a rate to raise money to be expended for such purposes.

3 (1) The Agreement is binding on the Commission and the Town in accordance with its terms.

(2) Notwithstanding any other enactment, the Commission and the Town may carry out the Agreement.

4 (1) Notwithstanding any other enactment, each of the Commission and the Town may

(a) do every act and expend every sum of money for the purpose of exercising every power or discretion conferred on it by the Agreement or performing every obligation imposed on it by the Agreement;

(b) do and perform the acts, matters and things that the Agreement requires or authorizes be done or performed by it in the manner and with the effect and under the conditions stipulated and provided in the Agreement;

(c) borrow money for the purpose of exercising every power or discretion conferred on it by the Agreement or performing every obligation imposed on it by the Agreement subject to the approval of the Minister of Housing and Municipal Affairs where the borrowing is by the Town and is for a capital purpose;

(d) exercise every power conferred on it by the Agreement;

(e) do and perform the acts, matters and things to carry out the intent and purpose of the Agreement.

(2) All money required by the Town for an expenditure by the Town pursuant to the Act or the Agreement shall be held to be money required for the ordinary lawful purposes of the Town and shall be levied, raised and collected in all respects as other money required for the ordinary lawful purposes of the Town is raised, levied and collected with the same rights and remedies in the event of default of payment.

(3) A borrowing pursuant to clause 4(1)(c) is for a municipal purpose within the meaning of the Municipal Affairs Act.

(4) Section 54 of the Towns Act does not apply to this Act.

5 (1) In this Section, "Society" means the Society incorporated pursuant to subsection (2).

(2) The Commission may cause to be incorporated, pursuant to the Societies Act, a society for the purpose of

(a) procuring and providing for the District or any part of the District, such fire protection equipment and facilities for the operation of the same as the Commission deems necessary or expedient and maintaining and operating the same; and

(b) performing all the acts and exercising all the powers the Commission is authorized to carry out and exercise.

(3) For the purpose of the Societies Act, the Society is deemed to be incorporated for a philanthropic object.

(4) On the issue of a certificate of incorporation pursuant to the Societies Act with respect to the Society,

(a) the Commission is dissolved;

(b) all the real and personal property and rights of the Commission immediately prior to the issue of the certificate of incorporation are vested in the Society;

(c) all the obligations and liabilities of the Commission existing immediately prior to the issue of the certificate of incorporation are the obligations and liabilities of the Society; and

(d) a reference in any enactment, including this Act, or in any rule, order, regulation, by-law, ordinance or proceeding or in any document, including the Agreement, to the Commission, whether the reference is by official name or otherwise, shall as regards any subsequent transaction, matter or thing be read as a reference to the Society.

6 The Commission and the Town may

(a) amend the Agreement;

(b) extend or renew the term of the Agreement.

7 Notwithstanding any other enactment, the Town may provide emergency services for the District notwithstanding the fire department of the Town becomes a body corporate.

8 (1) The Town may sell, lease, mortgage or dispose of real or personal property to accomplish the purposes of the Agreement.

(2) Notwithstanding any other enactment, the Commission may, for the purpose of the Agreement, sell, convey, mortgage, lease or otherwise dispose of real or personal property that is subject to the Agreement without the authorization of ratepayers.

9 (1) Notwithstanding any other enactment, while the agreement is in force, the Town may provide emergency services in the District, or cause any other person to provide emergency services in the District, and prescribe and adopt policies respecting such emergency services, and for greater certainty, the Municipality of the District of Lunenburg is not required to provide emergency services in the District.

(2) Nothing in this Act or any other enactment prevents any person other than the Town or the Commission from

(a) providing emergency services in the District or Town pursuant to any agreement to provide emergency services; or

(b) providing either or both ambulance service and water rescue service within the Town or District.

(3) Notwithstanding any enactment, the Town and any department or agency of the Town or service provider engaged by the Town may provide emergency services without meeting any conditions that the Town or any department or agency of the Town or service provider engaged by the Town would, but for this Section, be required by the enactment to meet before being permitted, by the enactment, to provide emergency services.

10 In the event of a conflict between a provision of this Act and a provision of any other Act where the provision of the other Act is in respect of the provision of emergency services in a municipality, the provision of this Act prevails unless the other Act states that it is to prevail over this Act.

11 (1) The Town may, while the Agreement is in force, prescribe policies respecting, full-time, volunteer and composite fire departments and emergency service providers in the Town and the District.

(2) Policies for fire departments and emergency service providers may include

(a) requirements and procedures for registration;

(b) personnel policies;

(c) the manner of accounting to the Town for the application of funds provided by the Town;

(d) such other matters as are necessary and expedient for the provision of emergency services in the Town and the District.

(3) The Town may require proof of compliance with its policies before advancing any funds.

(4) A fire department or emergency services provider involved in the provision of emergency services pursuant to the Agreement is not subject to the policies of the Municipality of the District of Lunenburg.

12 (1) When any fire, rescue or emergency occurs the fire chief or other officer in charge and any person under the direction of that officer shall endeavour to extinguish the fire and prevent it from spreading, or subject to the terms of the Agreement, endeavour to ensure that emergency services with respect to the rescue or the emergency are provided and for that purpose may

(a) command the assistance of persons present and any inhabitant of the District or the Town;

(b) remove property from buildings on fire or in danger of fire;

(c) take charge of property;

(d) enter, break into or tear down any building;

(e) exclude and remove persons and vehicles from the building or vicinity;

(f) generally do all things necessary to respond to the emergency.

(2) It is an offence to disobey any lawful order or command of the officer in charge.

(3) Where a fire alarm has been given or the officer in charge has reason to believe that a fire exists on any premises, the officer in charge and any person under the direction of that officer may enter or break into any building for the purpose of ascertaining whether a fire exists.

(4) The officer in charge may direct that a building be pulled down or otherwise destroyed if, in the judgment of that officer, doing so will tend to contain a fire or protect the public from a dangerous condition.

(5) Neither the Town, the Commission, any firefighter, other emergency personnel, an officer in charge nor a person acting under the direction or authority of that officer is liable for any act done in the exercise of any powers conferred by this Section.

13 The Town, the Commission, the Fire Department and any other emergency services provider are not liable with respect to any act or omission in providing, or failing to provide, an emergency service unless they are grossly negligent.

14 Any person authorized by the chief officer may enter any building or premises at any reasonable time for the purpose of determining whether there is any condition likely to increase the risk of fire or to interfere with the escape of the occupants in the event of fire or other emergency.

15 (1) The Town may assist or cause assistance to be provided at fires, rescues or other emergencies occurring outside the boundaries of the Town and the District.

(2) The Town may receive assistance at fires, rescues and other emergencies occurring inside the boundaries of the Town or District from municipalities, villages, fire departments, federal or provincial departments and agencies and others.

(3) The Town may agree with municipalities, villages, fire protection districts, federal and provincial departments and agencies or others to provide assistance at fires, rescues and other emergencies and to receive assistance at fires, rescues and other emergencies that occur within the Town and the District.

(4) An emergency services provider or fire department that assists a fire department or emergency services provider pursuant to a mutual aid agreement is entitled to all of the protections provided in this Act and any other Act for the assisted fire department or emergency services provider.

16 (1) No action lies with respect to an act or omission in providing, or failing to provide, an emergency service against a member of the Commission, a member of the Council of the Town, an employee of the Commission, an employee of the Town, a firefighter or emergency services personnel.

(2) Notwithstanding subsection (1) and subject to Section 13, an action may lie against the Town or Commission, or any fire department that is not a department of the Town, or any emergency services provider that is not a department of the Town with respect to its employee, firefighter or member or council member.

17 (1) The title of Chapter 91 of the Acts of 1960, the Fire Protection Act of Municipal District Number One of the Municipality of the District of Lunenburg, is amended by striking out "Number One" in the first and second lines and substituting "Numbers One and Two".

(2) Section 1 of Chapter 91 is amended by striking out "Number One" in the second line and substituting "Numbers One and Two".

(3) Section 2 of Chapter 91 is repealed and the following Section substituted:

18 (1) Except for subsection 17(4), this Act has effect on and after February 12, 1996.

(2) Subsection 17(4) has effect on and after February 13, 1996.