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Staff Report
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Report To: Joint Committees
Date of Meeting: May 8, 2023 Report Number: ESD-001-23
Submitted By: Dave Speed, Fire Chief, CEFS
Reviewed By: Mary -Anne Dempster, CAO Resolution#:
File Number: By-law Number:
Report Subject: Fire Services By-law and Fire Services Agreements
Recommendations:
1. That Report ESD-001-23 be received;
2. That Council approve the revised Clarington Emergency and Fire Services
Governing Bylaw, Attachment 2 to Report ESD-001-23, repealing By-law 2017-033;
3. That the Mayor and Clerk be authorized to sign the Fire Protection Services
agreement with Oshawa effective June 1, 2023, Attachment 3 to Report ESD-001-
23; and
4. That the Mayor and Clerk be authorized to sign the revised Automatic Aid
agreement between Port Hope and Clarington effective June 1, 2023, Attachment 4
to Report ESD-001-23.
Municipality of Clarington
Report ESD-001-23
Report Overview
Page 2
The Mayor and Council use the Emergency and Fire Services Governing By-law to set the
service levels provided by Clarington Fire and Emergency Services (CEFS) to the
Clarington community. The existing By-law 2017-033 requires modifications to accurately
reflect services that are and are not currently provided by CEFS, to remove items that are
regulated under the authority of the Fire Protection and Prevention Act, and to add items
that are recommended by CEFS to be included.
Should Council approve the updated Fire Services Governing By-law as recommended, there
are rescue services that may be required beyond the Awareness level that are not provided by
CEFS. It is therefore recommended that Clarington enter into a Fire Protection Services
agreement with Oshawa Fire Services to have them provide them on a requested pay per usage
basis.
The existing Automatic Aid agreement with Port Hope has been separated from the Fire Services
Governing By-law as a stand-alone agreement and has been updated to include an additional
response coverage area, and some additional agreement language.
1. Background
Fire Services Governing By-law
1.1 In 2017, the Emergency and Fire Services Governing By-law was updated through
Report ESD-002-17 and By-law 2017-033. Since that time, the CEFS Master Fire Plan
and Community Risk Assessment have been developed, and By-law 2017-033 requires
updating to reflect the current needs and risks of the Clarington community.
Fire Protection Services Agreement
1.2 CEFS has previously received some training in rescue types that occur infrequently in
Clarington. However, this training is time consuming and costly and is not justified
considering the number of times these rescue types have occurred. Following a review
of rescue types in Clarington over the previous 10 years, it is clear that high angle
rescue, trench rescue, building collapse rescue, confined space rescue, and non -
shore -based water rescues have not been required to be performed.
1.3 These specialty rescue types, while infrequent, may be needed in the future in our
growing community, and it is therefore prudent for Clarington to have a response plan
in place to address them. Oshawa Fire Services has been providing these services and
is willing to sign an agreement to provide them to Clarington.
Municipality of Clarington
Report ESD-001-23
Page 3
1.4 Automatic Aid Agreement — Automatic Aid agreements are used to provide services to
the public in areas of a municipality that can be reached faster by another municipality.
Fire crews are dispatched `automatically' based upon the agreement parameters. It is
different from a Mutual Aid agreement where a municipality requests assistance at an
emergency upon depletion of its resources.
1.5 Automatic Aid agreements are used extensively throughout Durham Region and
Northumberland County. Clarington has existing Automatic Aid agreements with
Oshawa Fire Services for overlapping areas of highways 401 and 407, and with Port
Hope for overlapping areas of highway 401.
1.6 The Automatic Aid agreement with Port Hope is currently included as part of the
Emergency and Fire Services Governing By-law. It has been separated out of the By-
law and has been updated following meetings with Port Hope Fire.
2. Proposal
Recommended Amendments to the Fire Services Regulating By-law
2.1 Part 1: Definitions
• Awareness Level — new
• Community Emergency Management Coordinator (CEMC) — new
• Emergency — amended.
• High Angle — removed.
• Rope Rescue Level I — removed.
• Volunteer Firefighter — removed.
• Water and Ice Rescue Level II - removed.
2.2 Part 2: Establishment
2.2.1. New— 2.3, "there shall be one Fire Chief appointed by by-law, and there shall be two
Deputy Chiefs. The Fire Chief shall report to the CAO and will perform the duties of the
CEMC under the Authority of the EMCPA".
Municipality of Clarington
Report ESD-001-23
2.3 Part 4: Property/Apparatus Use - Eliminated
Page 4
2.3.1. These statements are Departmental Policy and do not require the authority of Council to
enact.
2.4 Part 5: Fire Suppression - Eliminated
2.4.1. These powers are granted to Fire Departments through the Fire Protection and
Prevention Act and do not require the authority of Council.
2.5 Parts 6, 7 — Mutual/Automatic Aid Outside the Limits of the Municipality; Mutual Aid or
Automatic Aid or Other Related Expenses
2.5.1. Content revised and placed into new Part 4 — Emergency Responses Outside the
Territorial Limits of the Municipality of Clarington
2.6 Part 8 — Interference - Eliminated
2.6.1. 8.1, 8.2 and 8.5 are enforceable under the Fire Protection and Prevention Act, and do
not require the authority of Council to enforce.
2.6.2. 8.3 and 8.4 are Fire Department operational policies and procedures that are
implemented by CEFS on scene, with the support of DRPS as needed, and do not
require the authority of Council to enforce.
2.7 Part 9: Offences - Eliminated
2.7.1. With the elimination of content in Parts 4 and 8, there is no need for a Part to reference
offences. Any contraventions of the Fire Protection and Prevention Act or the Fire Code
will be enforced through the relevant legislation.
2.8 Part 10: Conflict
2.8.1. Wording remains intact, and moved to new Part 5
2.9 Part 11: Severability
2.9.1. Wording remains intact, and moved to new Part 6
Municipality of Clarington Page 5
Report ESD-001-23
2.10 Part 12: Enforcement and Enactment
2.10.1. Wording remains intact, and moved to new Part 7
Appendix "A" Core Services
2.11 Section 1 Fire Suppression and Emergency Response
2.11.1. 1.1 Revised to include "as appropriate" to recognize that there are circumstances that
may dictate which suppression service can be provided. Example — the ability to safely
perform offensive mode fire operations is dependant upon a minimum number of fire
personnel on scene.
2.11.2. 1.2 Revised to eliminate "medical acts such as defibrillation, standard first, CPR,
EPIPEN Assistance..." as this is captured under "Base Hospital protocols". Added
"delivered to the tiered response level determined by the Fire Chief".
2.11.3. 1.3 Special Rescue services have been broken out into separate sections for each
service. Revised section 1.3 refers to vehicle extrication.
2.11.4. 1.4 Revised to eliminate statements about highly technical and specialized rescue
services, and to specify that "rope/slope rescue response services will be delivered at
the Operations level".
2.11.5. 1.5 Revised to specify that "Surface water and ice search and rescue response
services will be delivered to provide land -based rescue".
2.11.6. 1.6 New — "Elevator emergency rescue response services shall be delivered".
2.11.7. 1.7 Revised to specify that "Hazardous materials response services will be delivered at
the Operations level".
2.11.8. 1.8 New — "Other: Trench search and rescue, confined space search and rescue,
switch water search and rescue, structural collapse search and rescue response
services will be performed at the Awareness level".
2.12 Section 2 Training Services
2.12.1. New — Broken out of Section 1 into its own Section to specify the standards that fire
staff are trained to.
Municipality of Clarington Page 6
Report ESD-001-23
2.13 Section 3 Fire Prevention and Public Education Services
2.13.1. Revised Sections 2 and 3 to combine into one Section
2.13.2. Eliminated 2.3, 3.2 and 3.3 as they are required under the Fire Protection and
Prevention Act, and do not require the authority of Council.
2.14 Section 4 Emergency Dispatching and Communications - Eliminated
2.14.1. Covered through the other standards and legislation. Council approves any emergency
dispatching and communications agreements as part of the Purchasing process.
Final Recommendations
2.15 It is recommended that the Fire Protection Services Agreement with Oshawa Fire
Services be approved by Council to provide specialty rescue services to Clarington
upon the request of CEFS.
2.16 CEFS will maintain operational command of all rescue emergencies, with Oshawa Fire
Services becoming a rescue sector under CEFS Command.
2.17 There will be no cost to the Municipality unless the specialty rescue services covered
under the agreement are utilized.
2.18 It is recommended that the revised Automatic Aid Agreement with Port Hope be
approved by Council to provide authority to CEFS to respond to the On Route location
in Port Hope on the south side of the 401 eastbound lanes. Despite its location in Port
Hope, CEFS can arrive on scene faster than Port Hope Fire due to its location. Port
Hope will still respond and will be required to drive in the westbound lanes of the 401,
exit at Newtonville Road, turn around and respond on the eastbound lanes.
3. Financial Considerations
3.1 Should specialty rescue services be required under the Fire Protection Services
Agreement with Oshawa Fire Services, costs will be incurred as per the Agreement.
Based on historical levels of use, an annual expense has not been included in the
budget. When specialty services are required, any expense would be funded in
accordance with the Operating Surplus/Deficit Policy with assistance of the Deputy
CAO/Treasurer.
Municipality of Clarington
Report ESD-001-23
4. Concurrence
Page 7
This report has been reviewed by the Deputy CAO/Solicitor, and Deputy CAO/Treasurer
who concur with the recommendations
5. Conclusion
It is respectfully recommended that Council approve the recommendations of this
report.
Staff Contact: Dave Speed, Fire Chief, 905-623-5126 ext. 2802 or dspeed@clarington.net.
Attachments:
Attachment 1 — Existing Fire Services Governing By-law
Attachment 2 — Recommended Fire Services Governing By-law
Attachment 3 — Recommended Fire Protection Services Agreement with Oshawa Fire Services
Attachment 4 — Recommended Automatic Aid Agreement with Port Hope
Interested Parties:
There are no interested parties to be notified of Council's decision.
Attachment 1 to Report ESD-001-23
The Corporation of the Municipality of Clarington
By -Law 2017-033
Being a By-law Governing the Emergency and Fire Services, and the Provision of
Mutual Aid and Automatic Response, and to Repeal By-law 2010-077.
Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended,
(FPPA) requires every municipality to establish a program in the municipality which
must include public education with respect to fire safety and certain components of fire
prevention and to provide such other Fire Protection Services as it determines may be
necessary in accordance with its needs and circumstances;
Whereas the FPPA permits a municipality, in discharging these responsibilities, to
establish a Fire Department;
Whereas the FPPA permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
Whereas the FPPA requires a Fire Department to provide fire suppression services and
permits the Fire Department to provide Prevention and other Fire Protection Services in
the municipality.
Whereas the Council of the Municipality of Clarington deems it necessary to update the
provisions in the existing By-law 2010-077;
Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows..
Part 1
Definitions
1.1 In this by-law, unless the context otherwise requires,
a) "approved" means approved by Council;
b) "Automatic Aid" means a municipality agrees where possible to the
provision of an initial or supplemental response to fires, rescues, and
emergencies that may occur in a part of another municipality where a fire
department in the municipality is capable of responding more quickly than
any fire department situated in the other municipality with services
invoiced as or if appropriate;
c) "CAO" means the Chief Administrative Officer appointed by Council to act
as Chief Administrative Officer for the Corporation;
d) "CEFS" means Clarington Emergency and Fire Services;
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e) "Chief" means the person appointed by the Council or designate to act as
Fire Chief for the Corporation and is ultimately responsible to Council as
defined in the FPPA;
f) "confined space" means a fully or partially enclosed space in accordance
with Health and Safety regulations;
g) "Corporation" means The Corporation of the Municipality of Clarington;
h) "Council" means the Council of the Corporation;
i) "Deputy Fire Chief(s)" means the person(s) with that title who may act on
behalf of the Fire Chief in the case of any absence of the Fire Chief or a
vacancy in the office of the Fire Chief. (If the title changes the
responsibility will reside with the person taking on the duties),
j) "Division" means a Division of the Fire Department;
k) "emergency" defined to include an unforeseen event that involves
imminent danger to the life, health and safety of any person and includes
medical assistance or non -fire emergency such as a storm, flood or
another Act of God;
I) "Emergency Response Plan" means an emergency plan formulated under
the prevailing Emergency Management and Civil Protection Act or any
other related Act which specifies procedures to be taken for the safety or
evacuation of persons in an emergency area, provide for obtaining and
distributing materials, equipment and supplies during an emergency and
provide for such other matters as are considered necessary of advisable
for the implementation of the emergency plan during an emergency,
M) "Fire Department" means the Municipality of Clarington Emergency & Fire
Services,
n) "firefighter" means a fire chief and any other person employed in, or
appointed to, a fire department and assigned to undertake fire protection
services, and includes a volunteer firefighter;
O} "FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c
4, as may be amended from time to time, or any successor legislation, and
any regulation made thereunder;
p) "Fire Protection Services" includes fire suppression, fire prevention, fire
safety education, communications, training of persons involved in the
provision of Fire Protection Services, rescue and emergency services and
the delivery of all those services;
q) "Hazardous Materials Awareness Level" means the responder shall be
that person who responds to hazardous material incidents for the purpose
of recognizing the presence of the hazardous material, calling for trained
personnel, and securing the area;
personnel,
V area;
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r) "Hazardous Materials Operations Level" means the responder shall be that
person who responds to hazardous material incidents for the purpose of
protecting nearby persons, the environment, or property from the effects of
the release. Operations level responders use personal protective
equipment, perform product control, and perform victim rescue;
s) "high angle" means an environment in which the load is predominately
supported by a rope rescue system,
t) "HUSAR" means Heavy Urban Search and Rescue;
u) "Member" means any person employed in or appointed to the Fire
Department and assigned to undertake Fire Protection Services;
v} "Mutual Aid" means where the Council has made an agreement or plan
with another municipality or Region, or at the discretion of the Chief as
provided for herein, for the provision of any personnel, service, equipment
or material during an emergency;
w} "Rope Rescue Level 1 " means the responder shall be that person who
responds to rope rescue incidents and completes an assignment while
being lowered from a rope rescue system in a high -angle environment,
given a rope rescue system, life safety harnesses, so that risks to the
victims and rescuers are minimized;
x) "tiered response" means the process of dispatching police, fire and
ambulance to what is determined to be a life threatening situation. Tiered
response endeavors to send the closest appropriate emergency response
agency, based on time, to render assistance at the scene of an emergency
incident until the primary response agency can arrive; and
y} "volunteer firefighter" means a firefighter who provides fire protection
services either voluntarily or for a nominal consideration, honorarium,
training or activity allowance.
-3-
z} "Water and Ice Rescue Level II" means the responder shall be that person
who responds to situations with water rescue personal protective
equipment, vessels, swim/rescue aids as required, so that the specified
objective is reached, all performance parameters are achieved, movement
is controlled, hazards are assessed, distress signals are communicated,
and rapid intervention for the rescuer has been staged for deployment.
Part 2
Establishment
2.1 The Fire Department was established by By-law #84-68 and 94-172 which was
repealed in By-law # 2007-134 for the purpose of updating references to reflect
current terminology and practice. Despite repeal of past By-laws, the Fire
Department will continue with services and organization as has been and as
may be amended and approved by Council from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection
Services and any other service as approved by Council for the Corporation and
shall be known as the Clarington Emergency &Fire Services. (Department
name may be amended by Council from time to time).
Part 3
Core Services
3.1 For the purposes of this By-law core services provided by the Fire Department
will be as per Appendix "A" forming part of this By-law.
3.2 Nothing in this By-law will restrict the Fire Department to providing only core
services or limit the provisions of Fire Protection services, as set out/covered
under appointing by-law, as approved by Council.
Part 4
Property/Apparatus Use
4.1 No person shall supply any apparatus, equipment, or other property of the Fire
Department for any personal or private use.
4.2 No person shall willfully damage or render ineffective or inoperative any
apparatus, equipment or other property belonging to or used by the Fire
Department.
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Part 5
Fire Suppression
5.1 The Fire Department may suppress any fire or suspected other hazardous
condition by extinguishing it or by other reasonable action and, for this purpose,
may enter private property, if necessary or deemed necessary to do so.
5.2 The Fire Department may pull down or demolish any building or structure, with
the assistance of the municipal or other equipment and services available; when
considered necessary to prevent the spread of fire, or other hazardous
situation.
Part 6
Mutual and Automatic Aid Response Outside the Limits of the Municipality
(Automatic and Mutual Aid Agreements)
A) Aid to the Municipality of Clarington (requested by the Municipality)
6.1 The Fire Department may request other municipalities to provide mutual aid and
other qualified persons to assist in,
a) extinguishing fires;
b) pulling down or demolishing any structure;
c) crowd and traffic control;
d) suppression of fires or other hazardous conditions in other reasonable
ways; or
e) determining the origin, cause or circumstances of any fire or explosion, if it
is deemed necessary to retain a private contractor, rent/lease heavy
equipment or specialized equipment, specialized services, and associated
persons then those costs may be billed to the property owner and
collected by the Municipality by means as determined in this by-law.
B) By the Municipality of Claringten to others (response outside the limits)
6.2 The Fire Department shall respond where possible, to a call with respect to a
fire or emergency outside the territorial limits of the Corporation with respect to
a fire or emergency including non -fire emergencies under the following
conditions:
a) In the opinion of the Fire Chief or designate of the Fire Department,
conditions threaten property outside the territorial limits of the Corporation
that is owned or occupied by the Corporation,
b) In a municipality with which an approved automatic aid or mutual aid
agreement has been entered into to provide Fire Protection Service or
other emergency assistance, including Oshawa and Port Hope prevailing
By-laws as established;
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c) At the discretion of the Fire Chief, to a municipality participating in any
regional or Municipal mutual aid plan established by a Fire Co-ordinator
appointed by the Fire Marshal or any similar reciprocal plan or program, or
as determined necessary by the Fire Chief,
d) As directed by the Province under Emergency Management Act and Civil
Protection Act or any other prevailing government directive, or legislation
as determined appropriate by the Fire Chief;
e) Coverage/ability when asked to respond and when requesting response
from Municipalities with no formal program or plan is at the discretion of
the Fire Chief, or designate;
f) The Fire Department is not required to respond to requests by private
companies; non government; or incorrect assigned calls;
g) On property beyond the territorial limits of the Corporation where the Fire
Chief or designate determines immediate action is necessary to preserve
life or property and the appropriate fire department is notified to respond
and assume command or establish alternative measures, acceptable to
the Fire Chief or designate, provided it does not compromise our own
Municipal level of service or commitments with the right to withdraw at any
time to service home Municipality's needs; and
h) Any other existing response agreements will continue to operate on
Automatic and Mutual Aid response. Agreements may be amended and
approved by Council from time to time.
Part 7
Mutual Aid or Automatic Aid or Other Related Expenses
7.1 If as a result of Fire and Emergency Services (i) response to an emergency
including a motor vehicle incident, (11) under a Mutual or Automatic Aid
agreement or (111) carrying out any of its duties or functions the Fire Chief or
Deputy Fire Chief determines that it is necessary to incur additional expenses,
retain a private contractor, rent special equipment not normally carried on a fire
apparatus or use more materials than are carried on a fire apparatus in order to
suppress or extinguish a fire, preserve property, prevent a fire from spreading,
control and eliminate an emergency, carry out or prevent damage to equipment
owned by the Corporation or otherwise carry out the duties and functions of Fire
and Emergency Services, the owner of the property requiring or causing the
need for any additional service shall be charged, if appropriate, the costs to
provide the additional service including all applicable taxes. Property shall
mean personal and real property.
7.2 Cost recovery under Automatic and Mutual Aid response agreement will be as
per the Province's direction unless otherwise specified. To the extent
reasonably possible materials/supplies will be replaced or cost recovered
excluding cost of manpower and excluding something out of the ordinary unless
determined appropriate to recover. The cost recovery provision should be
incorporated into Automatic and Mutual Aid agreements, where possible.
Part 8
Interference
8.1 No person shall impede or interfere with or hinder the Fire Department in the
performance of its duties.
8.2 No person present at a fire shall refuse to leave the immediate vicinity when
required to do so by the Fire Department.
8.3 During a fire and for the time after it has been extinguished that is required to
remove the apparatus and equipment of the Fire Department and render the
location and vicinity safe from fire, no person, either on foot or with a vehicle of
any kind, shall enter or remain upon or within;
a) the portion of any street or lane upon which the site of the fire abuts or
upon any street or lane for a distance of fifteen (15) metres on each side of
the property damaged by fire; or
b) any additional street or lane or part of a street or lane or any additional
limits in the vicinity of the fire as may be prescribed by the Fire Chief or the
next ranking officer present at the fire.
8.4 The provisions of section 8.3 shall not apply to a resident of any street or lane
or within any prescribed additional limit or any person so authorized to enter or
remain by an officer of the Fire Department or by a police officer.
8.5 No person shall prevent, obstruct or interfere in any manner whatsoever with
the communication of a fire alarm to the Fire Department or with the Fire
Department responding to a fire alarm that has been activated.
7-
Part 9
Offences
9.1 Every person who contravenes any provisions of this By-law is guilty of an
offence and on conviction is liable to the penalty established by the Provincial
Offences Act, or any other prevailing by-law or legislation, as may be amended
or replaced from time to time, inclusive of costs.
Part 10
Conflict
10.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the conflict.
Part 11
Severability
11.1 If any section or part of this By-law is found to be illegal or beyond the power of
the Corporation, such section or part of item shall be deemed to be severable
and all other sections or parts of this By-law shall be deemed to be separate
and independent therefrom and to be enacted as such.
Part 12
Enforcement and Enactment
Effective Date of By-law
12.1 This By-law comes into effect the day it is passed by Council.
Repeal of Existing By-law
12.2 By-law 2010-077 and 2001-172 is hereby repealed.
Passed this1 st day of May, 2017
Adrian'Foster, Mayor`
i
Anne Grntree , Municipal Clerk
Appendix A to By-law 2017-033
Appendix "A"
Core Services
1. Fire Suppression And Emergency Response
1.1 Fire suppression services shall be delivered in both an offensive and defensive
mode and shall include search and rescue operations, forcible entry, ventilation,
protecting exposures, salvage and overhaul as appropriate.
1.2 Emergency pre -hospital care responses and medical acts such as defibrillation,
standard first aid, CPR, EPIPEN Assistance and the Emergency Medical
Responder Program shall be maintained to Base Hospital protocols as agreed.
1.3 Special rescue services shall include performing extrication using hand tools, air
bags and heavy hydraulic tools as required. Full time firefighters will be trained
in level 1 Basic Rope Rescue Techniques as determined by the Fire Chief.
Water/ice rescue services shall be provided by those firefighters who are
competently trained to perform the requested level of service as determined by
the Fire Chief (up to level II if so trained).
1.4 Highly technical and specialized rescue services such as Trench Rescue,
HUSAR and Structural Collapse shall not be provided by Clarington Emergency
& Fire Services. Awareness training in these areas may be provided where
possible.
1.5 Defensive hazardous material emergency response shall be conducted to the
operations level by the fulltime firefighters and awareness level by the volunteer
firefighters. In addition to operations level response, the capability for rescue
and emergency decontamination shall be maintained where resources permit.
1.6 The NFPA 1001 Standard for Firefighter Professional Standards, International
Association of Fire Chiefs/National Fire Protection Association "Fundamentals
of Fire Fighter Skills" and other related industry training standards and reference
materials may be used as reference guides for CEFS training as approved by
the Fire Chief. All training will comply with the Occupational Health and Safety
Act and any other applicable provincial legislation.
1.7 Confined Space services shall be provided by those firefighters who are
competently trained to perform the requested level of service as determined by
the Fire Chief (up to Operational Level if so trained).
Attachment 2 to
Municipality of Clarington Report ESD-002-17
2. Fire Prevention
2.1 Inspections arising from complaint, request, retrofit, or self initiated and fire
investigations shall be provided in accordance with the FPPA and policies of the
fire prevention division.
2.2 New construction inspections and plan reviews of buildings under construction in
matters respective of fire protection systems within buildings shall be conducted
in accordance with the applicable By-law and operating procedures.
2.3 The N.F.P.A. Standard for Fire Prevention Officers shall be used as a reference
guide for fire prevention training.
3. Fire Safety Education
3.1 Distribution of fire and life safety information and public education programs shall
be administered in accordance with the FPPA and policies of the departments
Fire Prevention & Public Safety Division.
3.2 A residential Smoke Alarm awareness program shall be ongoing.
3.3 The department shall maintain at least one public fire and life safety educator
certified to the Ontario Fire Service Standard.
4. Emergency Dispatching and Communications
4.1 The N.F.P.A. Public Safety Telecommunications Standard shall be used as a
reference guide for emergency dispatching and communications and shall
provide the following minimum services;
4.2 Provide emergency call taking and dispatching of emergency vehicles.
4.3 May provide after hour's emergency and non -emergency call taking for
Operations, By-law Services, and other agencies as required.
Attachment 2 to Report ESD-001-23
The Corporation of the Municipality of Clarington
By -Law 2023-OXX
Being a By-law Governing the Emergency and Fire Services,
Whereas the Fire Protection and Prevention Act 1997, S.O. 1997, c. 4, as amended,
(FPPA) requires every municipality to establish a program in the municipality which
must include public education with respect to fire safety and certain components of fire
prevention and to provide such other Fire Protection Services as it determines may be
necessary in accordance with its needs and circumstances;
Whereas the FPPA permits a municipality, in discharging these responsibilities, to
establish a Fire Department;
Whereas the FPPA permits a Council of a municipality to establish, maintain and
operate a Fire Department for all or any part of the municipality; and
Whereas the FPPA requires a Fire Department to provide fire suppression services and
permits the Fire Department to provide Prevention and other Fire Protection Services in
the municipality.
Whereas the Council of the Municipality of Clarington deems it necessary to update the
provisions in the existing By-law;
Now Therefore the Council of the Corporation of the Municipality of Clarington enacts as
follows:
Part 1
Definitions
1.1 In this by-law, unless the context otherwise requires,
a) "approved" means approved by Council;
b) "Automatic Aid" means a municipality agrees where possible to the
provision of an initial or supplemental response to fires, rescues, and
emergencies that may occur in a part of another municipality where a
fire department in the municipality is capable of responding more
quickly than any fire department situated in the other municipality with
services invoiced as or if appropriate;
c) Awareness Level — The level at which personnel have been trained to
recognize the hazards and risks of an emergency, and who are
expected to protect themselves, call for trained personnel, and secure
the scene.
d) "CAO" means the Chief Administrative Officer appointed by Council to
act as Chief Administrative Officer for the Corporation;
Attachment 2 to Report ESD-001-23
e) CEFS" means Clarington Emergency and Fire Services;
f) "Chief" means the person appointed by the Council or designate to act
as Fire Chief for the Corporation and is ultimately responsible to
Council as defined in the FPPA;
g) "Community Emergency Management Coordinator" — ("CEMC"). Means
a position identified in the Emergency Management and Civil Protection
Act, 1990, c. E.9, as amended ("EMCPA") as being responsible for the
development, implementation, review and maintenance of the
Emergency Management Plan for the Town of Whitby;
h) "confined space" means a fully or partially enclosed space in
accordance with Health and Safety regulations;
i) "Corporation" means The Corporation of the Municipality of Clarington;
j) "Council" means the Council of the Corporation;
k) "Deputy Fire Chief(s)" means the person(s) with that title who may act
on behalf of the Fire Chief in the case of any absence of the Fire Chief
or a vacancy in the office of the Fire Chief. (If the title changes the
responsibility will reside with the person taking on the duties);
1) "Division" means a Division of the Fire Department;
m) "emergency" means an unforeseen event that involves imminent
danger to the life, health and safety of any person and includes, but is
not limited to fires, medicals, motor vehicle collisions, hazardous
material incidents, rescues, or weather related events such as a
storms, floods or other Acts of God;
n) "Emergency Response Plan" means an emergency plan formulated
under the prevailing Emergency Management and Civil Protection Act
or any other related Act which specifies procedures to be taken for the
safety or evacuation of persons in an emergency area, provides for
obtaining and distributing materials, equipment and supplies during an
emergency and provides for such other matters as are considered
necessary or advisable for the implementation of the emergency plan
during an emergency;
o) "Fire Department" means the Municipality of Clarington Emergency &
Fire Services;
2
Attachment 2 to Report ESD-001-23
p) "firefighter" means a fire chief and any other person employed in, or
appointed to, a fire department and assigned to undertake fire
protection services, and includes a volunteer firefighter;
q) "FPPA" means the Fire Protection and Prevention Act, 1997, S.O.
1997, c 4, as may be amended from time to time, or any successor
legislation, and any regulation made thereunder;
r) "Fire Protection Services" includes fire suppression, fire prevention, fire
safety education, communications, training of persons involved in the
provision of Fire Protection Services, rescue and emergency services
and the delivery of all those services;
s) "Hazardous Materials Operations Level" means the responder shall be
that person who responds to hazardous material incidents for the
purpose of protecting nearby persons, the environment, or property
from the effects of the release. Operations level responders use
personal protective equipment, perform product control, and perform
victim rescue;
t) "Member" means any person employed in or appointed to the Fire
Department and assigned to undertake Fire Protection Services;
u) "Mutual Aid" means where the Council has approved an agreement or
plan with another municipality or Region, or at the discretion of the
Chief as provided for herein, for the provision of any personnel, service,
equipment or material during an emergency;
v) "tiered response" means the process of dispatching police, fire and
ambulance to what is determined to be a life threatening situation.
Tiered response endeavours to send the closest appropriate
emergency response agency, based on time, to render assistance at
the scene of an emergency incident until the primary response agency
can arrive;
Part 2
Establishment
2.1 The Fire Department was established by By-law #84-68 and 94-172.. Despite
repeal of past By-laws, the Fire Department will continue with services and
organization as has been and as may be amended and approved by Council
from time to time.
2.2 The Fire Department is continued under this By-law to provide Fire Protection
Services and any other service as approved by Council for the Corporation and shall
be known as the Clarington Emergency & Fire Services, and the head of the
Department shall be known as the Fire Chief.
3
Attachment 2 to Report ESD-001-23
2.3 There shall be one Fire Chief appointed by by-law, and there shall be
two Deputy Chiefs. The Fire Chief shall report to the CAO and will
perform the duties of the CEMC under the authority of the EMCPA.
Part 3
Core Services
3.1 For the purposes of this By-law core services provided by the Fire Department
will be as per Appendix "A" forming part of this By-law.
Part 4
Emergency Responses Outside Limits of the Town of Clarington
4.1 The Fire Department shall not respond to a call with respect to a fire or an
emergency incident outside the limits of the Town of Clarington except with
respect to a fire or an emergency;
a) that in the opinion of the Fire Chief threatens property in the Town of
Clarington or property situated outside the Town of Clarington that is
owned or occupied by the Corporation;
b) in a municipality with which an agreement has been entered into to
provide fire protection services,
c) on property with respect to which an agreement has been entered into
with any person or corporation to provide fire protection therefore;
d) at the discretion of the Fire Chief, to a municipality authorized to
participate in the Durham Region Mutual Aid plan established by the
Regional Fire Coordinator appointed by the Ontario Fire Marshal,
emergency fire service plan and program or any other organized plan or
program on a reciprocal basis;
e) on those highways that are under the jurisdiction of the Ministry of
Transportation or other agency within the Town of Clarington for which
an automatic aid agreement has been entered into.
f) on property beyond the Town of Clarington's border where the Fire Chief
or his or her designate determines that immediate action is necessary to
preserve and protect life and/or property and the correct department is
notified to respond and/or assumes command or establishes alternative
measures acceptable to the Fire Chief or designate; or
g) response due to a request for special assistance as required through a
declaration of a provincial or federal emergency and such request has
been approved by the Fire Chief, the CAO and the Head of Council.
Part 5
Conflict
4
Attachment 2 to Report ESD-001-23
5.1 Where this By-law may conflict with any other By-law of the Corporation, this
By-law shall supersede and prevail over that By-law to the extent of the
conflict.
Part 6
Severability
6.1 If any section or part of this By-law is found to be illegal or beyond the power of the
Corporation, such section or part of item shall be deemed to be severable and all
other sections or parts of this By-law shall be deemed to be separate and
independent therefrom and to be enacted as such.
Part 7
Enforcement and Enactment
Effective Date of By-law
7.1 This By-law comes into effect the day it is passed by Council.
Repeal of Existing By-law
7.2 By-law xxxxx is hereby repealed.
Passed this day of ,
5
Adrian Foster, Mayor
, Municipal Clerk
Appendix A — Core Services
1. Emergency Response
Attachment 2 to Report ESD-001-23
1.1 Fire suppression response services shall be delivered in both offensive and
defensive modes and shall include, but not limited to search and rescue
operations, forcible entry, ventilation, exposure protection, and salvage and
overhaul
1.2 Emergency pre -hospital care response services shall be maintained to Base
Hospital protocols and delivered at the tiered response level determined by the
Fire Chief.
1.3 Vehicle extrication and rescue response services shall be delivered using air
bags, heavy hydraulic tools, e-tools, etc.
1.4 Rope/slope rescue response services will be delivered at the Operations level.
1.5 Surface water and ice search and rescue response services will be delivered to
provide land -based rescue.
1.6 Elevator emergency rescue response services shall be delivered.
1.7 Hazardous materials response services to be delivered at the Operations level.
1.8 Other: Trench search and rescue, confined space search and rescue,
swiftwater search and rescue, structural collapse search and rescue response
services will be performed at the Awareness Level.
2. Training Services
2.1 The National Fire Protection Association (NFPA) Standards and other related
industry training standards and reference materials shall be used as reference
guides for the Training Division as approved by the Fire Chief. All training will
comply with the Occupational Health and Safety Act, R.S.O. 1190, c. 0.1, as
amended and applicable provincial legislation
3. Fire Prevention and Public Education Services
3.1 Inspections arising from complaint, request, retrofit, or self -initiated; fire
investigations; and examination and review of fire protection elements of
building permit plans shall be provided in accordance with the FPPA and
Departmental policies, and Town by-laws.
3.2 Public education programs shall be administered in accordance with the
FPPA and Departmental policies.
0
Attachment 3 to Report ESD-001-23
Specialized Fire Rescue Agreement
This AGREEMENT made this _1st_ day of June, 2023
BETWEEN:
THE CORPORATION OF THE CITY OF OSHAWA
("OSHAWA")
-and-
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
("CLARINGTON")
RECITALS
1. Subsection 2(5) of the Fire Protection and Prevention Act, 1997 provides that a
municipality may enter into an agreement to:
(a) provide such fire protection services as may be specified in the agreement to
lands or premises that are situated outside the territorial limits of the
municipality, and;
(b) receive such fire protection services as may be specified in the agreement
from a fire department situated outside the territorial limits of the municipality.
IN CONSIDERATION OF the mutual covenants, provisions and conditions contained
herein, the receipt and sufficiency of which each of the parties hereby irrevocably
acknowledges, and for other good and valuable consideration, OSHAWA and
CLARINGTON agree as follows:
1.0 INTERPRETATION
1.01 Definitions: Wherever a term set out below appears in the text of this
AGREEMENT in capital letters, the term shall have the meaning set out for it in
this Section 1.01. Wherever a term below appears in the text of this
AGREEMENT in regular case, it shall be deemed to have the meaning ordinarily
attributed to it in the English language.
(a) AGREEMENT means this Specialized Fire Rescue Agreement including the
recitals and any schedules which form an integral part of it, as amended from
time to time.
(b) INCIDENT means an emergency operation that occurs within the geographic
limits of CLARINGTON, which involves Clarington Emergency and Fire
Services as the initial responder.
(c) INITIAL RESPONSE SERVICES means the provision of an initial response to
an INCIDENT by Clarington Emergency and Fire Services designed to
address the adverse effects of the INCIDENT.
(d) OSHAWA means The Corporation of the City of Oshawa. Oshawa Fire
Services is OSHAWA's fire services department.
(e) RESPONSE means the delivery of SPECIALIZED RESCUE SERVICES by
Oshawa Fire Services pursuant to a request by Clarington Emergency and
Fire Services' Fire Chief or his/her designate.
Attachment 3 to Report ESD-001-23
(f) SPECIALIZED RESCUE SERVICES means operations level services as
defined by the National Fire Prevention Association, which for greater clarity
may involve elevated rope rescue, confined space rescue, trench rescue,
building collapse stabilization. For hazardous materials response services,
defined by the Ontario Fire Marshall, National Fire Protection Association,
which for greater clarity may involve personal protection equipment, mass
decontamination, technical decontamination, product control, detection
monitoring and public safety sampling, victim rescue and recovery, and illicit
laboratory incidents.
(g) CLARINGTON means The Corporation of the Municipality of Clarington.
Clarington Emergency and Fire Services is CLARINGTON's fire services
department.
1.02 Gender, Plural: All words in this AGREEMENT shall be deemed to include any
number or gender as the context requires.
1.03 Proper Law: This AGREEMENT shall be interpreted according to the laws of the
Province of Ontario.
1.04 Headings: Article, section, clause and/or paragraph headings are for reference
purposes only and shall not in any way modify or limit the statements contained
in the following text.
1.05 Legislation: Reference to federal or provincial statutes or regulations or municipal
by-laws are deemed to refer to the relevant legislation as amended, including
successor legislation.
2.0 TERM
2.01 Term: The term of this AGREEMENT shall be for two (2) years commencing on
April 20, 2023 and ending on April 19, 2025.
2.02 Commencing April 20, 2025, this AGREEMENT shall automatically renew every
year for an additional term of one (1) year until the earlier of the following occurs:
(a) April 19, 2032; or (b) either party provides thirty (30) days written notice
terminating the Agreement.
2.03 OSHAWA shall be entitled to payment of all costs incurred pursuant to this
AGREEMENT prior to the date of termination.
K111=111610[6Z019i110N40[M4101y_10110us] 1114►kI
3.01 Clarington Emergency and Fire Services: Upon the occurrence of an INCIDENT,
Clarington Emergency and Fire Services shall respond in the first instance. The
Clarington Emergency and Fire Services' Fire Chief or his/her designate may, in
his/her discretion at any time, make a request for Oshawa Fire Services to
provide SPECIALIZED RESCUE SERVICES. The Parties acknowledge and
agree that nothing in this AGREEMENT shall relieve or release Clarington
Emergency and Fire Services of its responsibility to respond with respect to an
INCIDENT.
3.02 Oshawa Fire Services: Upon receiving a request from the Clarington Emergency
and Fire Services' Fire Chief or his/her designate for SPECIALIZED RESCUE
SERVICES, Oshawa Fire Services shall provide a RESPONSE, subject to the
availability of Oshawa Fire Services' resources. Accordingly, the Parties
acknowledge and agree that Oshawa Fire Services shall have no obligation to
respond in circumstances involving equipment failure or malfunction or
attendance by Oshawa Fire Services at another INCIDENT or emergency
2
Attachment 3 to Report ESD-001-23
situation occurring within or outside of the geographic limits of OSHAWA or any
other like circumstance.
3.03 Command: When Oshawa Fire Services and Clarington Emergency and Fire
Services provide a simultaneous or joint response to an INCIDENT, the Incident
Commander for Clarington Emergency and Fire Services shall be in charge of
and shall assume overall responsibility for the command of the INCIDENT.
However, Oshawa Fire Services shall have full autonomy with respect to its
provision of SPECIALIZED RESCUE SERVICES. Oshawa Fire Services will
communicate through the Clarington Emergency and Fire Services Incident
Commander while responding to an INCIDENT.
3.04 Incident Management: The Parties acknowledge and agree that the incident
management system shall be utilized by Oshawa Fire Services and Clarington
Emergency and Fire Services with respect to an INCIDENT.
4.0 COSTS
4.01 If Oshawa Fire Services attends to the site of an INCIDENT and provides
SPECIALIZED RESCUE SERVICES, CLARINGTON shall pay to OSHAWA the
following amounts within sixty (60) days of receiving an invoice from OSHAWA:
(a) The current remuneration rate for fire response services on provincial
highways as established by the Ministry of Transportation (Ontario), plus
HST, for the first hour or part thereof wherein SPECIALIZED RESCUE
SERVICES are provided by Oshawa Fire Services, per piece of
equipment;
(b) The current remuneration rate for fire response services on provincial
highways as established by the Ministry of Transportation (Ontario), plus
HST, for each additional half hour or part thereof, after the first hour,
wherein SPECIALIZED RESCUE SERVICES are provided by Oshawa
Fire Services, per piece of equipment;
(c) The replacement cost for all consumables belonging to Oshawa Fire
Services that are used or damaged in providing the RESPONSE;
(d) Oshawa Fire Services' backfill staffing costs, inclusive of overtime
costs, as per the current collective agreement governing Oshawa Fire
Services, which shall apply to all positions and firefighter classes; and,
(e) Two Thousand Dollars ($2000.00).
4.02 If Oshawa Fire Services attends to the site of an INCIDENT but provides no
SPECIALIZED RESCUE SERVICES, CLARINGTON shall pay to OSHAWA the
current remuneration rate for fire response services on provincial highways as
established by the Ministry of Transportation (Ontario), plus HST, only with
respect to the first hour or part thereof, per piece of equipment, with such
payment being due within sixty (60) days of CLARINGTON receiving an invoice
from OSHAWA.
3
Attachment 3 to Report ESD-001-23
5.0 RELEASE AND INDEMNITY
5.01 No Claims: Neither party shall have any claim, demand, action, charge, cost,
damage, liability, loss, proceeding, suit or expense (including legal fees) against
the other party (inclusive of its respective fire services department, elected
officials, employees, servants and agents) for detriment, damage, loss, accident
or injury of any nature whatsoever or howsoever caused to any person or
property, including employees, buildings, structures, erections, equipment,
material, supplies, motor or other vehicles, fixtures and articles, effects and
things in any manner, based upon, occasioned by or attributable to the execution
of the AGREEMENT or the exercise in any manner of rights arising under the
AGREEMENT ("Claim(s)"), except with respect to such Claim(s) related to or
resulting from the negligent act or omission of the other party (inclusive of its
respective fire services department, elected officials, employees, servants and
agents). Paragraph 5.01 shall survive termination of this AGREEMENT.
5.02 Indemnification: Each party shall at all times indemnify and save harmless the
other party (inclusive of its respective fire services department, elected officials,
employees, servants and agents) from and against any Claim(s) made against
the other party only if and to the extent that such Claim(s) is caused by or results
from the negligent act or omission of the first party (inclusive of its respective fire
services department, elected officials, employees, servants and agents).
Paragraph 5.02 shall survive termination of this AGREEMENT.
5.03 Insurance: For the duration of this AGREEMENT, each party shall procure and
maintain a General Liability (GL) insurance policy written on an occurrence basis
with a liability limit of not less than fifteen million dollars ($15,000,000) in respect
of any one accident or occurrence with the other party named on the policy as
Additional Insured without subrogation, and shall contain a cross liability and/or
severability clause which protects the other party to the same extent as if it was
separately insured. The policy coverage shall include, but is not limited to, third
party bodily injury including death, property damage, personal injury, products
and completed operations. The policy coverage shall be taken out with an
insurance company licensed to carry on the business of insurance in Ontario and
shall be endorsed to provide that the other party is to receive not less than sixty
(60) days' notice in writing in advance of any cancellation, material amendment
or change restricting coverage. Upon execution of the AGREEMENT, each party
shall verify that valid insurance coverage as set out in this AGREEMENT is in
place by submitting an Insurance Certificate to the other party that must be
acceptable in all respects to the other party.
6.0 MISCELLANEOUS
6.01 Notice: Notice or communication to be given pursuant to this AGREEMENT shall
be in writing, and delivered either personally, by prepaid courier or by facsimile,
to the following address, or to such other address as may be designated by such
party by notice given to the other party in accordance with this section:
In the case of Oshawa, to:
Oshawa Fire Services Facsimile: 905-433-0276
Attn.: Oshawa Fire Chief
199 Adelaide Avenue West
Oshawa ON, L1J 7131
Attachment 3 to Report ESD-001-23
In the case of Clarington, to:
Clarington Emergency and Fire Services Facsimile: 905-623-4840
Attn: Clarington Fire Chief
2430 Highway 2
Bowmanville, ON L1 C 6C8
Receipt of notice shall be deemed on the date of delivery, or five (5) days
following the date of mailing of the notice, whichever is applicable. Either party
may change its address for notice by giving notice of change of address pursuant
to this section.
6.02 Force Maieure: Notwithstanding anything in this AGREEMENT, neither party
shall be in default with respect to the performance of any of the terms of this
AGREEMENT if the non-performance is due to any force majeure, strike, lock-
out, labour dispute, civil commotion, war or similar event, invasion, the exercise
of military power, act of God, government regulations or controls, inability to
obtain material or service, or any cause beyond the reasonable control of the
party. Otherwise, time shall be of the essence in this AGREEMENT and with
respect to all the obligations contained herein.
6.03 Arbitration: All disputes arising between OSHAWA and CLARINGTON in any
matter connected with or arising out of this AGREEMENT shall be referred to a
single arbitrator, if the parties agree upon the arbitrator's identity. Should the
parties be unable to agree upon the identity of an arbitrator, then the matter shall
be referred to a single arbitrator to be appointed by a Justice of the Superior
Court of Justice. The arbitrator shall conduct the arbitration pursuant to the
Arbitration Act, 1991, S.O. 1991, c. 17 and every award or determination shall be
final and binding on the parties, and shall not be subject to appeal. The arbitrator
shall be allowed unfettered and unlimited discretion to determine in each and
every case the solution which best balances the competing interest of the parties
to the arbitration in accordance with this AGREEMENT, and she or he shall not
be bound by the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 in
respect of his or her fees. The arbitrator shall be entitled to award all or part of
her or his fees against any party in accordance with the principles which govern
an award of costs against a non -successful party in a contested matter before
the Superior Court of Justice. In the absence of such an award by the arbitrator,
the arbitrator's costs shall be borne equally by both parties, without regard to
their involvement in the arbitration.
6.04 No Assignment: This AGREEMENT may not be assigned.
6.05 No Successors: This AGREEMENT shall only enure to the benefit of and be
binding upon the parties.
6.06 MFIPPA: This AGREEMENT may be disclosed in response to a request for
records pursuant to the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, Chapter M.56, as amended from time to time.
6.07 Entire Agreement: This AGREEMENT contains the entire agreement between
the parties relating to the SPECIALIZED RESCUE SERVICES identified within
this AGREEMENT and it is agreed that there is no covenant, promise,
agreement, condition precedent or subsequent, warranty or representation or
understanding, whether oral or written, other than as set forth in this
AGREEMENT and this AGREEMENT fully replaces and supersedes any letter,
letter of intent, or other contractual arrangement between the parties related to
previous agreements in existence at the time of execution and delivery of this
AGREEMENT. This AGREEMENT is not part of the Durham Region Mutual Aid
Plan.
E
Attachment 3 to Report ESD-001-23
6.08 Partial Invalidity: If any article, section, subsection, paragraph, clause or
subclause or any of the words contained in this AGREEMENT shall be held
wholly or partially illegal or unenforceable by any court of competent jurisdiction,
OSHAWA and CLARINGTON agree that the remainder of this AGREEMENT
shall not be affected by the judicial holding, but shall remain in full force and
effect. The provisions of this AGREEMENT shall have effect, notwithstanding
any statute to the contrary.
6.09 Waiver: No supplement, amendment or waiver of or under this AGREEMENT
(excepting notice of change of address as contemplated in section 6.01) shall be
binding unless executed in writing by the party or parties to be bound thereby
and no waiver by a party of any provision of this AGREEMENT shall be deemed
or shall constitute a waiver of any other provision or a continuing waiver unless
otherwise expressly provided.
6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a joint
venture between OSHAWA and CLARINGTON.
IN WITNESS WHEREOF each of the parties hereto has affixed its corporate seal by the
hands of its proper officers on the date inscribed on the first page of this Agreement.
SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE CITY
1 OF OSHAWA
Name: Derrick Clark
Title: Fire Chief
1 have authority to bind the City
Pursuant to section 63 of the By-law 29-
2009, as amended.
THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON
Name: Adrian Foster
Title: Mayor
Name: June Gallagher
Title: Municipal Clerk
1 have the authority to bind the Municipality
6
Attachment 4 to Report ESD-001-23
Automatic Aid Agreement
This agreement made in triplicate this day of 12023.
Between:
The Corporation of the Municipality of Port Hope
- and -
The Corporation of the Municipality of Clarington
Recitals
("PORT HOPE")
("CLARINGTON")
1) Subsection 2(6) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4
provides that a municipality may enter into an automatic aid agreement to provide or
receive the initial or supplemental response to fires, rescues and emergencies.
2) There are areas within the geographic boundaries of each of PORT HOPE and
CLARINGTON to which a fire department in the other municipality is capable of
responding more quickly than a fire department situated within the municipality.
In consideration of the mutual covenants, provisions and conditions contained herein,
and for other good and valuable consideration, PORT HOPE and CLARINGTON
covenant and agree as follows:
1.0 DEFINITIONS/INTERPRETATION
1.01 Definitions: Wherever a term set out below appears in the text of this
AGREEMENT in capital letters, the term shall have the meaning set out for it
in this Section 1.01. Wherever a term below appears in the text of this
AGREEMENT in regular case, it shall be deemed to have the meaning
ordinarily attributed to it in the English language.
a) AGREEMENT means this automatic aid agreement including its recitals and
any schedules which form an integral part of it, as amended from time to
time.
b) AUTOMATIC AID AREA means any or all of Ontario Highway 401 EAST and
401 WEST, located between Exit 448 Newtonville Road, and Exit 464 County
Road 28 Interchange, including the On Route Service Center at exit 456.
c) AUTOMATIC AID RESPONSE means the provision of INITIAL OR
SUPPLEMENTAL RESPONSE SERVICES by a PARTICIPATING FIRE
Page 1 of 7
Attachment 4 to Report ESD-001-23
SERVICE for up to one hour. Anything above one hour would be changed to
Mutual Aid.
d) CLARINGTON means The Corporation of the Municipality of Clarington and,
where the context allows, its employees, servants and agents.
e) Port Hope means The Corporation of the Municipality of Port Hope and,
where the context allows, its employees, servants and agents.
f) 401 EAST means the eastbound lanes of Ontario Highway 401 between
Newtonville Road, exit 448 easterly to the Wesleyville Road interchange, exit
456 including the On Route Service Center and its property 452.
g) 401 WEST means the westbound lanes of Ontario Highway 401 between the
Wesleyville Road interchange exit 456 to Newtonville Road, exit 448.
h) HOME FIRE CHIEF means the Fire Chief of the HOME MUNICIPALITY.
i) HOME FIRE SERVICE means the fire service within the HOME
MUNICIPALITY that, but for the provisions of this AGREEMENT, would be
the only fire service responsible for responding to an INCIDENT. For those
parts of 401 EAST and 401 WEST within the territorial limits of PORT HOPE,
HOME FIRE SERVICE means Port Hope Fire Services. For those parts of
401 EAST and 401 WEST within the territorial limits of CLARINGTON,
HOME FIRE SERVICE means Clarington Emergency and Fire Services.
j) HOME MUNICIPALITY means the municipality which receives an
AUTOMATIC AID RESPONSE.
k) INCIDENT means fires, rescues or emergencies that occur in the
AUTOMATIC AID AREA.
1) INITIAL OR SUPPLEMENTAL RESPONSE SERVICES for the purpose of
this AGREEMENT means the provision of an initial or supplemental response
designed to address the adverse effects of an INCIDENT.
m) PORT HOPE means The Corporation of the Municipality of Port Hope and,
where the context allows, its employees, servants and agents.
n) PARTICIPATING FIRE SERVICE means the fire service within the
PARTICIPATING MUNICIPALITY with responsibility pursuant to this
Agreement for providing an AUTOMATIC AID RESPONSE. For those parts
of 401 EAST and 401 WEST within the territorial limits of PORT HOPE,
PARTICIPATING FIRE SERVICE means Clarington Emergency and Fire
Services. For those parts of 401 EAST and 401 WEST within the territorial
Page 2 of 7
Attachment 4 to Report ESD-001-23
limits of Clarington, PARTICIPATING FIRE SERVICE means Port Hope Fire
Services.
o) PARTICIPATING MUNICIPALITY means the municipality whose
PARTICIPATING FIRE SERVICE provides an AUTOMATIC AID
RESPONSE.
1.02 Gender Plural: All words in this AGREEMENT shall be deemed to include
any number or gender as the context requires.
1.03 Proper Law: This AGREEMENT shall be interpreted according to the laws of
the Province of Ontario.
1.04 Headings: Article, section, clause and/or paragraph headings are for
reference purposes only and shall not in any way modify or limit the
statements contained in the following text.
1.05 Legislation: Reference to federal or provincial statutes or regulations or
municipal by-laws are deemed to refer to the relevant legislation as
amended, including successor legislation.
2.0 TERM
2.01 Term: The term of the AGREEMENT shall commence on the date that this
Agreement is executed and shall continue indefinitely until either or both
parties provide sixty (60) calendar days written notice to the other party
terminating the AGREEMENT.
2.02 Review: This AGREEMENT shall be reviewed yearly by the Participating Fire
Chiefs.
3.0 AUTOMATIC AID RESPONSE
3.01 AUTOMATIC AID RESPONSE: Upon the occurrence of an INCIDENT, an
AUTOMATIC AID RESPONSE shall be provided by the PARTICIPATING
FIRE SERVICE.
3.02 HOME FIRE SERVICE Response: Notwithstanding any provision within this
AGREEMENT, upon the occurrence of an INCIDENT, the HOME FIRE
SERVICE shall also respond to the INCIDENT.
3.03 Command: -When a HOME FIRE SERVICE and a PARTICIPATING FIRE
SERVICE respond to an INCIDENT, the Incident Commander of the HOME
FIRE SERVICE shall assume responsibility for the overall command of and
coordination of operations in respect of the INCIDENT.
Page 3 of 7
Attachment 4 to Report ESD-001-23
3.04 Incident Management System: The Parties acknowledge and agree that the
Incident Management System of the HOME FIRE SERVICE shall be utilized.
4.0 COST
4.01 No -cost Basis: There shall be no cost to the HOME MUNICIPALITY or the
HOME FIRE SERVICE for the provision of an AUTOMATIC AID RESPONSE
by the PARTICIPATING FIRE SERVICE.
5.0 RELEASE
5.01 No Claims: Neither party shall have any claim, demand, action, charge, cost
damage, liability, loss, proceeding, suit or expense (including legal fees)
against the other party (inclusive of its respective fire services department,
elected officials, employees, servants and agents) for detriment, damage,
loss, accident or injury, of any nature whatsoever or howsoever caused to
any person or property, including employees, buildings, structures, erections,
equipment, material, supplies, motor or other vehicles, fixtures, articles,
effects or things in any manner based upon, occasioned by or attributable to
the execution of the AGREEMENT or the exercise in any manner of rights
arising under the AGREEMENT ("Claim(s)"), save and except where the
Claim is caused by or results from a negligent act or omission by the other
party. Paragraph 5.01 shall survive termination of this Agreement.
5.02 Indemnification: Each party shall at all times indemnify and save harmless
the other party (inclusive of its respective fire services department, elected
officials, employees, servants and agents) from and against any Claim(s)
made against the other party only if and to the extent that such Claim(s) is
caused by or results solely from a negligent act or omission by the first party
(inclusive of its respective fire services department, elected officials,
employees, servants and agents). Paragraph 5.02 shall survive termination
of this AGREEMENT.
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Attachment 4 to Report ESD-001-23
6.0 MISCELLANEOUS
6.01 Notice: Any notice to be given under this AGREEMENT shall be sufficiently
given if delivered or if sent by prepaid first class mail and addressed
to PORT HOPE at:
Port Hope Fire Chief
Port Hope Fire Services
245 Ontario Street
Port Hope, Ontario L1A 2V9
or
to CLARINGTON at:
Clarington Fire Chief
Clarington Emergency and Fire Services
2430 Highway 2
Bowmanville, Ontario L1 C 3K7
Receipt of notice shall be deemed on the date of delivery, or five (5) days
following the date of mailing of the notice, whichever is applicable. Either
party may change its address for notice by giving notice of change of address
pursuant to this section.
6.02 Force Majeure/Time: Notwithstanding anything in this AGREEMENT, neither
party shall be in default with respect to the performance of any of the terms of
this AGREEMENT if any non-performance is due to any force majeure,
strike, lock -out, labour dispute, civil commotion, war or similar event,
invasion, the exercise of military power, act of God, government regulations
or controls, inability to obtain any material or service, or any cause beyond
the reasonable control of the party. Otherwise, time shall be of the essence
of this AGREEMENT and all the obligations contained herein.
6.03 Arbitration: All disputes arising between PORT HOPE and CLARINGTON in
any matter connected with or arising out of this AGREEMENT shall be
referred to a single arbitrator, if the parties agree upon the arbitrator's
identity. Should the parties be unable to agree upon the identity of an
arbitrator, then the matter shall be referred to a single arbitrator, to be
appointed by a Justice of the Superior Court of Justice. The arbitrator shall
conduct the arbitration pursuant to the Arbitration Act, 1991, S.O. 1991 c. 17,
as amended, and every award or determination shall be final and binding on
the parties and shall not be subject to appeal. The arbitrator shall be allowed
unfettered and unlimited discretion to determine in each and every case the
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Attachment 4 to Report ESD-001-23
solution which best balances the competing interests of the parties to the
arbitration in accordance with this AGREEMENT. The arbitrator shall not be
bound by the provisions of the Arbitration Act, 1991, S.O. 1991 c. 17 in
respect of her or his fees. The arbitrator shall be entitled to award all or part
of her or his fees against any party in accordance with the principles which
govern an award of costs against a non -successful party in a contested
matter before the Superior Court of Justice. In the absence of such an award
by the arbitrator, the arbitrator's costs shall be borne equally by both parties,
without regard to their involvement in the arbitration.
6.04 No Assignment: This AGREEMENT may not be assigned.
6.05 Successors: The rights and liabilities of the parties shall ensure to the benefit
of and be binding upon the parties.
6.06 MFIPPA: This AGREEMENT may be disclosed in response to a request for
records pursuant to the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, Chapter M. 56, as amended from time to time.
6.07 Entire Agreement: This AGREEMENT contains the entire agreement
between the parties relating to the AUTOMATIC AID RESPONSE identified
within this AGREEMENT and it is agreed that there is no covenant, promise,
agreement, condition precedent or subsequent, warranty or representation or
understanding, whether oral or written, pertaining to the AUTOMATIC AID
RESPONSE other than as set forth in this AGREEMENT and this
AGREEMENT fully replaces and supersedes any letter, letter of intent, or
other contractual arrangement between the parties related to the
AUTOMATIC AID RESPONSE in existence at the time of execution and
delivery of this AGREEMENT. The Parties acknowledge and agree that this
AGREEMENT is not part of an Emergency Fire Services Mutual Aid Plan.
6.08 Partial Invalidity: If any article, section, subsection, paragraph, clause or
subclause or any of the words contained in this AGREEMENT shall be held
wholly or partially illegal, invalid or unenforceable by any court of competent
jurisdiction, PORT HOPE and CLARINGTON agree that the remainder of this
AGREEMENT shall not be affected by the judicial holding, but shall remain in
full force and effect. The provisions of this AGREEMENT shall have effect,
notwithstanding any statute to the contrary.
6.09 Waivers: No supplement, amendment or waiver of or under this
AGREEMENT shall be binding unless executed in writing by the party to be
bound thereby and no waiver by a party of any provision of this
AGREEMENT shall be deemed or shall constitute a waiver of any other
provision or a continuing waiver unless otherwise expressly provided.
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Attachment 4 to Report ESD-001-23
6.10 No Joint Venture: This AGREEMENT shall not be construed as creating a
joint venture between PORT HOPE and WHITBY.
6.11 Execution: This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original copy and all of which, when
taken together, shall be deemed to constitute one and the same Agreement,
and shall be effective when counterparts have been signed by each of the
parties and delivered to the other. A manual signature on this Agreement, an
image of which shall have been transmitted electronically, shall constitute an
original signature for all purposes.
Witness whereof the parties hereto have hereunto affixed their corporate seals duly
attested by the proper signing officers in that behalf.
The Corporation of the Municipality of Port Hope
The Corporation of the Municipality of Clarington
Adrian Foster, Mayor
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