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Staff Report
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Report To: Joint Committees
Date of Meeting: September 13, 2021
Submitted By: Andrew C. Allison, CAO
Reviewed By:
File Number:
Report Number: CAO-004-21
Resolution#: JC-033-21
By-law Number: 2021-068
Report Subject: Appointment of Director of Emergency and Fire Services
Recommendations:
1. That Report CAO-003-21 and any related communication items, be received; and
2. That the By-law attached to Report CAO-003-21, as Attachment 1, appointing
Mariano Perini as the Director of Emergency and Fire Services and Fire Chief, be
approved.
Municipality of Clarington
Report CAO-003-21
Report Overview
Page 2
On August 30, 2021, Mariano Perini began his employment with the Municipality of
Clarington as the Director of Emergency and Fire Services. This report provides the
background on the legislative and by-law requirements to complete the appointment. It also
includes the necessary appointment by-law.
1. Background
1.1 After many years with the Municipality of Clarington, Gord Weir retired from his position
as the Director of Emergency and Fire Services. Mariano Perini has been selected as
his successor and began working for Clarington August 30, 2021.
1.2 There are several legislative considerations that need to be addressed to complete the
appointment.
2. Legislation
Emergency Management and Civil Protection Act
2.1 Subsection 2.1(1) of the Emergency Management and Civil Protection Act states that
"every municipality shall develop and implement an emergency management program
and the council of the municipality shall by by-law adopt the emergency management
program." The plan must designate the Community Emergency Management
Coordinator (CEMC).
2.2 Clarington adopted its emergency plan by By-law 2004-170 and has updated it over the
years, most recently with By-law 2018-010, which states that the "designated CEMC for
the Municipality shall be the Director of Emergency and Fire Services."
2.3 Since the title is used, not the name, there are no changes required to this by-law.
Municipal Law Enforcement Officer By-law
2.4 By-law 2003-103 appointed Gord Weir as a Municipal Law Enforcement Officer for the
Municipality of Clarington, ostensibly to enforce the Open Air Burning By-law. The
current by-law indicates that the enforcement is done by "any employee, officer or agent
of the Municipality whose duties include the enforcement of this by-law". This is also
consistent with By-law 2018 100, arising out of Report CLD-023-18, which "appoints all
staff whose duties include enforcement of Municipal By-laws as Municipal Law
Enforcement Officers". Therefore, a new appointment by-law is not required, however,
in the interest of clarity, it is advisable to repeal By-law 2003-103.
Municipality of Clarington Page 3
Report CAO-003-21
Fire Protection and Prevention Act
2.5 Subsection 6(1) of the Fire Protection and Prevention Act (FPPA) states:
"If a fire department is established for the whole or a part of a municipality or for
more than one municipality, the council of the municipality or the councils of the
municipalities, as the case may be, shall appoint a fire chief for the fire
department."
2.6 In the case of Chief Weir, the above requirement was satisfied by By-law 2004-259
which amended By-law 2001-125 by changing the name of the Director of Emergency
Services/Fire Chief.
2.7 By-law 2001-125 is a by-law which appointed Department Heads as part of the 2001
departmental reorganization. Given the 2020 departmental reorganization, it is out of
date and Staff are recommending it be repealed.
2.8 Therefore, to meet the above requirement of FPPA, Staff are recommending that the
attached by-law, appointing Mariano Perini as Fire Chief, be approved.
3. Concurrence
This report has been reviewed by the Director of Legislative Services/Municipal Solicitor
who concurs with the recommendations.
4. Conclusion
It is respectfully recommended that the draft by-law, appointing Mariano Perini as
Director of Emergency and Fire Services and Fire Chief, be approved. This by-law also
repeals 2003-103, 2001-125, and its unrepealed amendments (By-laws 2014-043,
2019-018, and 2018-067 are already repealed).
Staff Contact: Andy Allison, CAO, 905-623-3379 ext. 2002 or aallison@clarington.net.
Attachments:
Attachment 1 — Draft By-law appointing Mariano Perini as Director of Emergency and Fire
Services/Fire Chief
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report CAO-004-21
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2021-XXX
Being a by-law to appoint a Director of Emergency and Fire Services/Fire Chief for the
Municipality of Clarington.
Whereas Section 6(1) of the Ontario Fire Protection and Prevention Act, 1997, as
amended, requires the appointment of a fire chief if a fire department is established for
the municipality; and
Whereas the Municipality of Clarington has an established fire department; and
Whereas, for the reasons outlined in Report CAO-xxx-21, it is deemed expedient and
necessary to appoint Mariano Perini as the Fire Chief;
Now therefore the Council of the Municipality of Clarington enacts as follows:
That Mariano Perini be appointed as Director of Emergency and Fire
Services/Fire Chief for the Municipality of Clarington.
2. That By-laws 2003-103, 2001-125 and its unrepealed amendments (By-laws
2001-219, 2002-084, 2004-259), are hereby repealed.
Passed in Open Council this XX day of MMMM, 2021.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk