S-3.4 - Fire Safety Act

Section 42 Disposition versions

2001-12-20

42. The authority responsible for a service that has expressly accepted, required or requisitioned a person’s assistance or property under subparagraph 7 or 8 of the second paragraph of section 40 is bound, within three months from the date a claim is filed with the authority by that person in the 12 months following the end of the event, to grant to the person compensation determined on the basis of the current rates for the hiring of that type of service or property as they stood immediately before the occurrence of the event.

The authority responsible for the service must also assume the representation or defence of such a person in a coroner’s inquest or a fire investigation commissioner’s inquiry into the event during which the person intervened or in a proceeding concerning an act in the performance of the tasks entrusted to the person during the emergency and referred to a court, a tribunal or a body exercising adjudicative functions.

The authority may, rather than assuming a person’s representation or defence, agree with the person on the reimbursement of reasonable costs incurred by the person or the person’s representative. However, the authority is dispensed from that obligation where

(1)  the person specifically consents thereto in writing ;

(2)  the authority is the plaintiff in the proceeding ;

(3)  the act in question amounts to a gross or intentional fault ; or

(4)  the person is convicted of an offence or indictable offence and had no reasonable grounds to believe that his or her conduct was in conformity with the law.

2000, c. 20, s. 42; 2001, c. 76, s. 175.

2000-09-01

42. The authority responsible for a service that has expressly accepted, required or requisitioned a person’s assistance or property under subparagraph 7 or 8 of the second paragraph of section 40 is bound, within one month from the date a claim is filed with the authority by that person in the year following the emergency, to grant to the person compensation determined on the basis of the current rates for the hiring of that type of service or property.

The authority responsible for the service must also assume the representation or defence of such a person in a coroner’s inquest or a fire investigation commissioner’s inquiry or in a proceeding concerning an act in the performance of the tasks entrusted to the person during the emergency and referred to a court, a tribunal or a body exercising adjudicative functions.

The authority may, rather than assuming a person’s representation or defence, agree with the person on the reimbursement of reasonable costs incurred by the person or the person’s representative. However, the authority is dispensed from that obligation where

(1)  the person specifically consents thereto in writing ;

(2)  the authority is the plaintiff in the proceeding ;

(3)  the act in question amounts to a gross or intentional fault ; or

(4)  the person is convicted of an offence or indictable offence and had no reasonable grounds to believe that his or her conduct was in conformity with the law.

2000, c. 20, s. 42.