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Back to 1998 By-laws index





        

Authority:     Emergency and Protective Services Committee Report No. 3(5), April 16, 1998

Intended for first presentation to Council: April 16, 1998

Adopted by Council:  April 16, 1998      CITY OF TORONTO



                                       BY-LAW No. 132-1998



                     To establish a fire department for the City of Toronto.



        WHEREAS  subsection 2(1) of  the Fire Protection  and Prevention Act,  1997 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; and



        WHEREAS  subsection  2(2) of  the  Fire  Protection and  Prevention  Act,  1997 permits  a

municipality, in discharging these responsibilities, to establish a fire department; and



        WHEREAS subsection  5(1) of the Fire Protection  and Prevention Act, 1997  requires a fire

department  to provide fire suppression services and permits the  fire department to provide other

fire protection services in the municipality; and



        WHEREAS paragraph 31 of  section 210 of the Municipal  Act permits the council of  a local

municipality to pass  a by-law  for providing for fire-fighting  and fire protection services  and

for establishing, operating, promoting and regulating life and property savings companies; and



        WHEREAS  subsection 2(1) of the City of Toronto Act, 1997 incorporated the City of Toronto

as a body corporate on January 1, 1998; and



        WHEREAS subsection 2(2) of the City of Toronto Act, 1997 makes the City of Toronto a  city

and a local municipality for all purposes; and



        WHEREAS subsection 2(4) of the City of Toronto Act, 1997 provides that the City of Toronto

stands in the place of the old municipalities of the former Metropolitan Toronto; and



        WHEREAS  subsection 2(7) of  the City of Toronto  Act, 1997 provides  that every by-law or

resolution of an old council  of an old municipality of the  former Metropolitan Toronto  that was

in force before January  1, 1998, is considered to be a by-law or resolution of the Council of the

City of Toronto and remains in force in respect of the geographic area of the  old municipality to

which it  applied until the  Council of the  City of Toronto  repeals it  or amends it  to provide

otherwise; and



        WHEREAS the fire departments of the six old area municipalities of the former Metropolitan

Toronto  were established by  by-law of the old councils of  the old area municipalities and these

by-laws remain in force; and



        WHEREAS  the Council of the City of Toronto  intends to establish a single fire department

in place  of the fire departments  of the six  old area municipalities of  the former Metropolitan

Toronto;





        The Council of the City of Toronto HEREBY ENACTS as follows:



        1.     Definitions



               In this By-law, unless the context requires otherwise,



               (a)      Budget Committee  means the Budget Committee established by the Council;

               (b)      charges , in relation to section 14, include any interest payable pursuant

                       to  subsection  14(10)  and any  costs  incurred by  the  City  pursuant to

                       subsection 14(13);

               (c)      City  means the City of Toronto;



               (d)      City of Toronto Act, 1997  means the City of Toronto Act, 1997, S.O. 1997,

                       c. 26, c.2 (as may be amended or replaced from time to time);



               (e)      Chief  Administrative Officer  means the  person hired as  the first Chief

                       Administrative officer for the City by the transition team appointed by the

                       Lieutenant Governor  in Council under  the City  of Toronto  Act, 1997,  in

                       respect of whom the City  is deemed under that Act to have  taken all steps

                       required  to appoint  this  person  to that  office  and whose  duties  and

                       responsibilities are prescribed in By-law No. 2-1998 adopted by the Council

                       on January 6,  1998 (as may be amended or replaced  from time to time), and

                       any  successor to the first  Chief Administrative Officer  appointed by the

                       Council under the Municipal Act;



               (f)      Council  means the council of the City of Toronto;



               (g)      Deputy Fire Chief  means a person appointed as a Deputy Fire Chief by  the

                       Chief Administrative Officer under this By-law;

               (h)      Division  means a Division of the  Fire Department as provided for in this

                       By-law;



               (i)      Emergency  and  Protective  Services Committee   means  the  Emergency  and

                       Protective Services Committee established by the Council;

               (j)      fee   or  fee  for  services , in  relation to  section  14, means  any fee

                       imposed for services under and billed pursuant to subsection 14(5);



               (k)      Fire Chief   means the person  hired as the  first Fire Chief  for the Fire

                       Department by  the transition team  appointed by the  Lieutenant Governor in

                       Council under the City of Toronto Act, 1997, in respect of whom  the City is

                       deemed under  that Act  to have  taken all  steps required  to appoint  this

                       person to that office, and any  successor to the first Fire Chief  appointed

                       by the Council (on  the recommendation of the Chief  Administrative Officer)

                       under the Fire Protection and Prevention Act, 1997;



               (l)      Fire  Department  means  the fire  department of  the  City of  Toronto and

                       includes the  firefighters and  administrative support  staff that  comprise

                       it, but, in  sections 12 to 21, inclusive, and section 23,  Fire Department 

                       does not include administrative support staff; 



               (m)      Fire Protection and  Prevention Act,  1997  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;



               (n)      Fire Protection Services   include fire suppression, fire  prevention, fire

                       safety  education,  communication,  training  of  persons  involved  in  the

                       provision  of fire protection  services, rescue  and emergency  services and

                       the delivery of all those services;



               (o)      firefighter  means  a  person  employed  in,  or  appointed  to,  the  Fire

                       Department and assigned to  undertake Fire Protection Services  and includes

                       an officer,  but does not include a volunteer firefighter and administrative

                       support staff;



               (p)      member  means a firefighter other than an officer;

               (q)      Municipal Act  means  the Municipal Act,  R.S.O. 1990, c.  M.45, as may  be

                       amended from  time to time, or any successor legislation, and any regulation

                       made thereunder;



               (r)      officer  means the Fire Chief, a Deputy Fire  Chief, division chief, senior

                       divisional  chief, platoon  chief, district  chief,  captain and  such other

                       person as may be designated as an officer from time to time by the Council;



               (s)      owner , in  relation to  section 14,  means a  person who is  shown as  the

                       assessed owner or  tenant of the  building or yard  in the assessment  rolls

                       for the  City and includes  the registered owner or  mortgagee in possession

                       of such property and  includes a person in actual occupation of  the land on

                       which the building is situated or that constitutes the yard,



                       (i)    under an agreement  with the assessed owner  for the purchase of it,

                              or



                       (ii)   sold by  the  Director in  accordance with  the Veterans'  Land  Act

                              (Canada), R.S.C.  1970, c. V-4  (as may be amended or  replaced from

                              time to time),



                       but



                       (iii)  in  the  case  of  a condominium  building,  means  the  condominium

                              corporation having control of  the common elements of the  building;

                              and



               (t)      rescue  and  emergency  services   include  any  life  or  property  saving

                       activity that is unrelated to fire suppression and fire prevention.



        2.     Establishment



               The Fire Department is established under the direction of the Fire Chief to provide

Fire  Protection  Services  for the  City,  and  replaces the  fire  departments  of the  old area

municipalities of the former Metropolitan Toronto, to  wit, The Corporation of the Borough of East

York, The  Corporation of the City  of Etobicoke, The Corporation  of the City  of North York, The

Corporation  of  the  City  of Scarborough,  The  Corporation  of  the City  of  Toronto, and  The

Corporation of the City of York .



        3.     Composition



               The Fire Department shall consist of the  Fire Chief and such number of Deputy Fire

Chiefs, senior divisional chiefs,  platoon chiefs, division chiefs,  district chiefs, captains and

other officers, members, and clerical staff, including  an executive assistant to the  Fire Chief,

as may  be authorized or considered  necessary from time  to time by  the Council or  by the Chief

Administrative Officer, for the  Fire Department to perform Fire  Protection Services for the City

efficiently and effectively.



        4.     Employment



               The Fire Chief may recommend to the Chief Administrative Officer the employment in,

or  the appointment to the  Fire Department, as the  case may be, of  any person, as an officer or

member  or as  administrative support  staff,  who meets  the  qualifications and,  if applicable,

completes  successfully criteria  (including without  limitation  training  courses and  physical,

skills  and other  examinations)  and  otherwise  satisfies  any  hiring  policies,  practices  or

procedures established or approved by the Council for such employment or appointment.



        5.     Terms and Conditions of Employment

               Subject to the Fire Protection and Prevention Act, 1997, the remuneration and other

terms and  conditions of employment or  appointment of  the officers,  members and  administrative

support staff that comprise the Fire Department shall be determined by the Council or by the Chief

Administrative  Officer acting in accordance with policies and programs established or approved by

the Council.



        6.     Organization



               (1)     The Fire Department shall be organized into Divisions such as:



                       (a)    Fire Prevention & Public Safety,



                       (b)    Fire Suppression,



                       (c)    Training,



                       (d)    Mechanical and Maintenance,



                       (e)    Communications, and



                       (f)    Administrative Services.



               (2)     The Fire  Chief,  with  the  prior  approval  of  the  Chief  Administrative

Officer, may re-organize or eliminate Divisions or establish other Divisions or may  do all or any

of  these things or any combination of them as may be required to ensure the proper administration

and efficient  operation of the  Fire Department and  the effective management  of Fire Protection

Services for the City.  



               (3)     The Fire  Chief may  assign  or re-assign  such officers  to a  Division  to

assist him or her in the administration and operation of that Division.  



        7.     Reporting



               The Fire Chief shall  report to the Emergency and Protective Services  Committee on

matters pertaining to the Fire Department unless otherwise directed by the Council or provided for

in this By-law.



        8.     Responsibilities and Authority of Fire Chief



               (1)     The Fire  Chief  shall be  the  head of  the Fire  Department  and shall  be

responsible for its proper administration and efficient operation.



               (2)     The Fire  Chief shall be authorized  to make such general  orders, policies,

procedures, rules, and regulations and to take  such other measures as the Fire Chief may consider

necessary for  the proper administration and  efficient operation of  the Fire Department  and the

effective management of the Fire  Protection Services for the City and for the prevention, control

and extinguishment  of  fires,  the  protection of  life  and  property,  and  the  management  of

emergencies  within  the  territorial  jurisdiction  of  the  City and,  without  restricting  the

generality of the foregoing,



                       (a)    for  the care and protection of  all property belonging  to the Fire

                              Department;



                       (b)    for arranging for the  provision of necessary and proper facilities,

                              apparatus, equipment, materials,  services and supplies for the Fire

                              Department; 



                       (c)    for determining and establishing the qualifications and criteria for

                              employment or  appointment and  the duties of  all officers, members

                              and administrative support staff of the Fire Department;

                       (d)    for  the  conduct  and  the  discipline  of  officers,  members  and

                              administrative support  staff of the Fire Department;



                       (e)    for  preparing and, upon approval  by the  Council, implementing and

                              maintaining an emergency fire service plan and program for the City;



                       (f)    for coordinating any emergency fire service plan and program adopted

                              or  to  be  adopted  by  the  Council  with  (and  assisting in  the

                              preparation, implementation and maintenance of) any emergency plans,

                              organizations, services or measures established or to be established

                              by the City, alone or with others, and, if so requested or required,

                              any emergency plan established or to be established by the  Province

                              of Ontario or the Government of Canada and for coordinating with and

                              assisting any other public official in an emergency declared by  the

                              mayor  of the  City,  the Premier  of  Ontario  or the  Governor  in

                              Council;



                       (g)    for reporting to the appropriate crown attorney or  other prosecutor

                              or law enforcement  or other officer the  facts upon the evidence in

                              any case in  which there is reason to  believe that a fire  has been

                              the  result of criminal intent  or negligence  or in which  there is

                              reason to  believe  an offence  has been  committed under  the  Fire

                              Protection and Prevention Act, 1997;



                       (h)    for keeping an accurate record, in convenient form for reference, of

                              all  fires,  rescues  and  emergencies  responded  to  by  the  Fire

                              Department;



                       (i)    for keeping such other records as may be required by the Council;



                       (j)    for  preparing  and  presenting  the  annual  report   of  the  Fire

                              Department to  the Emergency  and Protective  Services Committee and

                              the Council; and



                       (k)    for  preparing and  presenting  the annual  estimates  of  the  Fire

                              Department to  the Emergency and  Protective Services Committee, the

                              Budget Committee and the Council and for exercising control over the

                              budget approved by the Council for the Fire Department,



provided that such general orders, policies, procedures, rules, regulations, and other measures do

not conflict with the provisions of this By-law or any other by-law of the City, including without

limitation  those  requiring  the  prior  approval of  or  prior  notice  to the  Council  or  the

satisfaction of  certain conditions (general  or otherwise)  specified by the  Council before such

measures can  be implemented, or  with the provisions  of the Fire Protection  and Prevention Act,

1997 or with  the provisions of any  collective agreement or  other written agreement  that may be

applicable.



               (3)     The Fire  Chief shall be responsible for the  enforcement of this By-law and

all  general orders, policies, procedures,  rules, and regulations made under  this By-law and for

the enforcement of  any other by-laws of  the City respecting Fire Protection Services,  and shall

review  periodically  such  laws (and  may  for  this purpose,  establish  an  advisory  committee

consisting of  such officers and other  persons (including members  of the general  public) as the

Fire Chief may determine from  time to time to  assist him or her  in the discharge of  this duty)

and, in the case of such by-laws (including this By-law), recommend to the Council such amendments

as the Fire Chief considers appropriate and,  in the case of general orders, policies, procedures,



rules, and regulations made  under this By-law, revise or terminate  any of them if the Fire Chief

considers it appropriate.

               (4)     The  Fire Chief shall have all powers, rights  and duties assigned to a fire

chief  under the  Fire  Protection  and Prevention  Act,  1997, including  without  limitation the

authority to enforce compliance with the fire code made under the Act.



               (5)     The Fire  Chief shall  have all of  the duties  and responsibilities  of the

Metropolitan Toronto Fire Coordinator for the purposes of Metropolitan Toronto By-law No. 31-96.



               (6)     The Fire Chief shall  provide liaison with any union  representing officers,

members or administrative support staff of the Fire Department or any of them.



               (7)     The Fire  Chief shall provide liaison with the Office of the Fire Marshal of

Ontario and any other office or organization as required by the Council or as considered necessary

or advisable by the Fire  Chief for the proper administration and  efficient operation of the Fire

Department and the effective management of the Fire Protection Services for the City.



               (8)     The  Fire  Chief may  utilize  such  officers,  members  and  administrative

support staff of the Fire Department as the Fire Chief may determine, from time to time, to assist

in the performance of his or her duties.



        9.     Deputy Fire Chief



               (1)     The Deputy  Fire Chief  shall  be the  second ranking  officer of  the  Fire

Department  and shall be subject to and shall obey all orders  of the Fire Chief and shall perform

such duties as  are assigned to him or her by the Fire Chief and shall, when the Fire Chief is not

on duty, have the powers and perform the duties of the Fire Chief.  



               (2)     Where more than  one Deputy  Fire Chief  has been appointed,  when the  Fire

Chief is not  on duty, the duties of the Fire Chief shall be performed  by each of the Deputy Fire

Chiefs from time to time on a rotating  basis or such other basis as may be determined by the Fire

Chief.



        10.    Supervision 



               The officers, members and administrative support staff of the Fire Department while

on duty shall  be under the direction  and control of the Fire  Chief or the next  ranking officer

present in any place.



        11.    General Duties and Responsibilities



               Every officer, member and administrative support staff person shall conduct himself

or herself in accordance with general orders, policies, procedures, rules, and regulations made by

the Fire Chief under  section 8(2), and shall give his  or her other whole and undivided attention

while on duty  to the efficient operation  of the Fire  Department (and, in  particular, shall use

best efforts to see that all  fires are extinguished with the least possible injury to persons and

damage  to property  and  to  prevent unnecessary  damage  to  property by  water  and  other fire

suppression methods) and  shall diligently, cheerfully and faithfully perform the  duties assigned

to him  or her to the  best of his or her ability and  in accordance with the  Fire Protection and

Prevention Act,  1997  and  any  collective agreement  or  other  written  agreement that  may  be

applicable.



        12.    Property



               (1)     No person  shall apply  any apparatus,  equipment or  other property of  the

Fire Department to any personal or private use.



               (2)     No person shall  wilfully damage  or render ineffective  or inoperative  any

apparatus, equipment or other property belonging to the Fire Department. 

        13.    Fire Suppression

               (1)     The Fire Department may  suppress any fire or  other hazardous condition  by

extinguishing it  or  by other  reasonable action,  and,  for this  purpose,   may  enter  private

property, if necessary, to do so.



               (2)     The  Fire Department  may pull down  or demolish  any building  or structure

when considered necessary to prevent the spread of fire.



               (3)     The Fire Department  may require other persons  present at a fire  to assist

                       in,



                       (a)    extinguishing fires;



                       (b)    pulling down  or demolishing buildings or structures  to prevent the

                              spread of fire;



                       (c)    crowd and traffic control; or



                       (d)    other reasonable ways.



        14.    Unsafe Conditions



               (1)     No  person  shall  permit any  building  or yard  to  be kept  in  an unsafe

condition that may result in fire or other dangerous risk or accident.



               (2)     Where  the Fire Department finds that  a building or a  yard is in an unsafe

condition as described in subsection 14(1), it may give the owner of the building or yard an order

in writing specifying  the unsafe condition and directing remedial  action within such time  as is

specified in the order.  



               (3)     In the event of  an emergency, the order under subsection  14(2) may specify

immediate  compliance, and,  where the owner  is not available  to receive the order,  it shall be

sufficient  notice if the order is posted on  the premises, but, in all other cases, notice of the

order shall be sufficiently given to the owner by personal service on the owner or the occupant of

the building or  yard or by regular letter  mail, in which event  service shall be deemed  to have

been made on the  third day after the day of mailing,  or by electronic transmission  or telephone

transmission of a facsimile, in which event service shall be deemed to have been made on the first

day after the day of transmission, or by some other method that allows proof of receipt.



               (4)     Where the owner does  not comply with the order made  under subsection 14(2)

with the time specified in the  order, or immediately in the event of an emergency, in addition to

the City prosecuting the contravention of this  order as an offence, the Fire Department on behalf

of  the City may take  such action as may be  considered necessary to guard  against fire or other

dangerous risk or accident, which may include without limitation the boarding up or barricading of

the building or yard.



               (5)     Any  expense incurred  by the  Fire Department  for any  action taken  under

subsection 14(4)  shall be considered a fee imposed for services provided or  done by or on behalf

of the City  under the Municipal Act and shall be billed as a fee for services to the owner of the

building or yard, as the case may be.



               (6)     The  methods of  service provided  for in  subsection 14(3)  for  all  other

cases  have  equal application to the  service of  invoices  for services billed  under subsection

14(5).  



               (7)     Where  there is  more  than one  owner, their  liability  for payment  under

subsection 14(5) shall be joint and several.

               (8)     Any invoice  for services billed pursuant to subsection 14(5) shall describe

the service provided  or done by the  Fire Department, when and where  the service was provided or

done,  the reason for  the service,  the fee  for the  service, the  terms of  payment of  the fee

prescribed in  this section, and  the consequences of  failing to pay  the fee for  the service as

provided for in this section.



               (9)     The fee for  services shall be  payable to the City,  by cash, money  order,

cheque or credit card, no later than thirty days from the date of the invoice for the service.



               (10)    Where  the fee  for  services remains  unpaid, in  whole or  in part,  for a

period in excess of thirty days from the date of the invoice for the service, the owner shall pay,

in addition  to the  outstanding balance  of the fee, interest  on the  outstanding balance,  such

interest to be  calculated at a rate  equal to the prime lending rate  charged to the City  by its

banker from time to time plus one percent (1%) per annum.



               (11)    The  fee  for services,  plus  any interest  that  may have  accrued  on the

outstanding balance under subsection 14(10), shall constitute a debt of the owner to the City.



               (12)    The City may  take such action as it considers necessary and as is permitted

by law to collect the debt constituted under subsection 14(11). 



               (13)    The owner shall be liable to pay to the  City any costs incurred by the City

in collecting the debt constituted under subsection 14(11); and such costs shall also constitute a

debt of the owner to the  City; and subsection 14(12) shall  apply to the recovery of  such costs,

with necessary modifications.



               (14)    Without  restricting the generality  of subsections  14(12) and  (13), where

the  fee for services or charges or all or  any of them remains unpaid, in whole or in part, for a

period  in excess of ninety days, such fee or  charges or all or any of them shall be added to the

tax roll  for any real property  within the territorial limits  of the City owned, in  whole or in

part, by the owner and shall be collected in a like manner as municipal taxes.



               (15)    All  of  the owners  of the  real property  to  which tax  roll the  fee for

services or charges or any or all of them were added pursuant to subsection 14(14) shall be liable

jointly and severally for paying such fee and charges, and such fee and charges shall be collected

in a like manner as municipal taxes.



               (16)    Subsections 14(14)  and (15) do  not apply to a  fee or charge  for services

provided or done to a condominium building, which fee or charge may be recovered by action.



               (17)    Nothing in this section  prevents the City from prosecuting  a contravention

of subsection (1) or a contravention of an order made under subsection 14(2) as an offence. 



               (18)    Nothing in this section  derogates from any powers, rights or  duties of the

Fire Chief or his or her delegate under the Fire Protection and Prevention Act, 1997.



        15.    Refusal to Assist



               No person present at a fire shall refuse to assist in,



               (a)     extinguishing fires;



               (b)     pulling down  or demolishing buildings  or structures to  prevent the spread

                       of fires;



               (c)     crowd and traffic control; or



               (d)     other reasonable ways, 

if required to do so by the Fire Department.

        16.    Refusal to Leave 

               Despite section 17, no person present at a fire shall refuse to leave the immediate

vicinity when required to do so by the Fire Department.



        17.    Conduct at Fires



               (1)     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.



               (2)     The provisions  of subsection  (1)  shall not  apply to  a resident  of  any

street or  lane or within any prescribed additional limit or to any  person so authorized to enter

or remain by an officer of the Fire Department or by a police officer.



        18.    Inspection of Premises and By-law Enforcement



               Such officers and firefighters of the Fire  Department who have been appointed  for

this  purpose shall be authorized to enter at all reasonable  times upon any property to ascertain

whether this By-law or any other  by-law of the City respecting Fire Protection Services is  being

obeyed, and to enforce or carry into effect such by-laws.



        19.    Interference



               No person  shall impede  or interfere  with or  hinder the  Fire Department in  the

performance of its duties.



        20.    Responding to Rescues and Emergencies



               (1)     The  Fire Department may respond to rescues and emergencies other than fires

with  the approval of  the Fire Chief  or, when the  Fire Chief is not  on duty, the  next ranking

officer.  



               (2)     Where the Fire  Department responds  to rescues or  emergencies as  provided

for under subsection (1), sections 12 to 19, inclusive, apply with necessary modifications.



        21.    Fire Alarm



               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.



        22.    Offences



               Every  person who  contravenes  any  of  sections  12  and  13,  subsection  14(1),

sections 15 and 16, subsection 17(1) and sections 19 to 21, inclusive, or who contravenes an order



made under  subsection 14(2) is guilty  of an offence and  on conviction is  liable to the penalty

established by  the Provincial Offences Act, R.S.O. 1990, c.  P.33 (as may be  amended or replaced

from time to  time), being on the  date of enactment of  this By-law, a fine not  exceeding $5,000

exclusive of costs.

        23.    Outside Fires and Emergencies



               Subject to  any  agreement entered  into by  the  City of  Toronto under  the  Fire

Protection and  Prevention Act, 1997  or by any of the  six old area municipalities  of the former

Metropolitan Toronto under this Act or any predecessor legislation and still in force, and subject

to any  mutual aid plan  established under  the Fire  Protection and Prevention Act,  1997 or  any

predecessor legislation and still in  force, and subject to any procedures established by the Fire

Chief to  deal with  such situations, the Fire  Department may  respond to  fires and rescues  and

emergencies  outside of the territorial  limits of the City of Toronto  or receive Fire Protection

Services from a fire department situated outside of the territorial limits of the City of Toronto.



        24.    Distinguished Service



               A person  who distinguishes himself  or herself at  a fire, rescue  or emergency by

performing a gallant  or heroic act shall  be eligible to receive a  medal or other reward  as the

Council may direct on the recommendation of the Fire Chief.



        25.    Conflict



               Where  this By-law may conflict  with any other  by-law setting out  the powers and

duties of a  municipal officer or a municipal department,  this By-law shall supersede and prevail

over that other by-law to the extent of the conflict.



        26.    Number and Gender



               Unless the contrary intention appears, words importing the masculine gender include

the feminine or neuter gender and words in the singular include the plural, and vice versa.



        27.    Severability



               If any section or part of this By-law is found to be illegal or beyond the power of

the City's council to enact, such section  or part or 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.



        28.    Repeal



               (1)     By-law No.  4-88 of  The Corporation of  the Borough  of East  York, By-laws

Nos. 222, 1981-125 and  1981-126 of The Corporation of the  City of Etobicoke, By-law No. 31662 of

The Corporation of  the City of  North York, By-law No.  22098 of The Corporation  of the City  of

Scarborough, By-law No. 1994-0715 of The Corporation of the City of Toronto, By-law No. 1222-87 of

The Corporation of the City of York, and  any amendments thereto, all of which were  passed by the

councils of the old area  municipalities of the former Metropolitan Toronto  and all of which were

in force  immediately before the coming into force of the City of Toronto Act, 1997 and, by virtue

of section 2(7) of the Act, are deemed to be by-laws of the Council and remain in force in respect

of  the part of the urban area to  which they applied immediately before  the coming into force of

the Act, are repealed.



               (2)     Any other by-law (or  part of it) and any  resolution of any of the  six old

area municipalities  of the former  Metropolitan Toronto relating  to the establishment of  a fire

department (and any amendments  thereto) and not  expressly mentioned in  subsection (1) are  also

repealed.



               (3)     This By-law does  not repeal  Metropolitan Toronto By-law  No. 31-96,  which

remains in force until expressly repealed or replaced by the Council.

               (4)     This By-law  supersedes By-law No. 6-1998 of the  City of Toronto adopted by

the Council on January 6, 1998.

        ENACTED AND PASSED this 16th day of April, A.D. 1998.



CASE OOTES,                                                                NOVINA WONG,           

        Deputy Mayor                                                                    City Clerk



(Corporate Seal)



 

   
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