BILL NO. 134
(as passed, with amendments)
2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002
Volunteer Fire Services Act
CHAPTER 13 OF THE ACTS OF 2002
The Honourable Ronald S. Russell, C.D.
Deputy President of the Executive Council
First Reading: May 7, 2002 (LINK TO BILL AS INTRODUCED)
Second Reading: May 9, 2002
Third Reading: May 28, 2002 (WITH COMMITTEE AMENDMENTS)
Royal Assent: May 30, 2002
An Act to Recognize Volunteer Firefighters
and to Protect Volunteer Fire Departments
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Volunteer Fire Services Act.
2 The purpose of this Act is to recognize the contribution made by volunteer firefighters and volunteer fire departments to their communities.
3 In this Act,
(a) "damage" includes both physical and non-physical losses and both economic and non-economic losses;
(b) "economic loss" means any pecuniary loss resulting from damage, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs and loss of business or employment opportunities;
(c) "non-economic losses" means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, other than loss of domestic service, injury to reputation and all other non-pecuniary losses of any kind or nature;
(d) "volunteer firefighter" means an individual performing services for a volunteer fire department who does not receive in respect of those services
(i) compensation, other than reasonable reimbursement or allowance for expenses actually incurred, or
(ii) money or any other thing of value in lieu of compensation in excess of five hundred dollars per year or such other amount as prescribed by the regulations.
4 The Governor in Council shall, in every year, designate a day in October as Volunteer Fire Service Recognition Day.
5 (1) Upon the accidental death of a volunteer firefighter directly as a result of the firefighter's responsibilities, in the volunteer fire department of which the firefighter is a member, while responding to an emergency, the Minister of Finance shall pay to the surviving spouse or domestic partner of the firefighter or, where there is no surviving spouse or domestic partner, the estate of the firefighter the sum of one hundred thousand dollars.
(2) The payment pursuant to subsection (1) is in addition to any other payment to which the surviving spouse, domestic partner or estate is entitled.
6 (1) Notwithstanding any enactment, no real property, fire vehicle, fire apparatus, fire equipment, money or other asset of a volunteer fire department is subject to seizure because of the liability of the department for damage caused by an act or omission of a volunteer firefighter on behalf of the organization if the firefighter was acting within the scope of the firefighter's responsibilities in the department at the time of the act or omission.
(2) Subsection (1) does not apply if
(a) the damage was caused by willful, reckless or criminal misconduct or gross negligence by the firefighter ;
(b) the damage was caused by the firefighter while operating a motor vehicle, vessel, aircraft or other vehicle for which the owner is required by law to maintain insurance;
(c) the act or omission that caused the damage constitutes an offence; or
(d) the firefighter was unlawfully using or impaired by alcohol or drugs at the time of the act or omission that caused the damage.
(3) Nothing in subsection (1) affects the liability of a municipality or the enforcement of a judgment against a municipality.
7 Notwithstanding subclause 2(h)(iv) of the Volunteer Protection Act, a volunteer firefighter is a volunteer within the meaning of that Act.
8 (1) The Governor in Council may make regulations
(a) setting the maximum amount for the purpose of subclause 3(d)(ii);
(b) defining any word or expression used in this Act and not defined in this Act;
(c) respecting any matter or thing that the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
9 (1) Section 5 applies with respect to any death occurring on or after the coming into force of this Act.
(2) Section 6 applies to any claim for damage caused by an act or omission of a volunteer firefighter where that claim is filed on or after the coming into force of this Act.
10 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2002 Crown in right of Nova Scotia. Updated May 31, 2002. Send comments to legc.office@novascotia.ca.
