Definition: “Council”

59 In this Part,
“Council” means the Fire Marshal’s Public Fire Safety Council. 1997, c. 4, s. 59.

Council established

60 (1) A corporation without share capital is hereby constituted to be known in English as the Fire Marshal’s Public Fire Safety Council and in French as Conseil public du commissaire des incendies sur la sécurité-incendie. 1997, c. 4, s. 60 (1).

Membership

(2) The Council shall consist of its board of directors and such other persons who are appointed as members of the Council by the Fire Marshal. 1997, c. 4, s. 60 (2).

Non-application of corporate Acts

(3) The Not-for-Profit Corporations Act, 2010 and Corporations Information Act do not apply to the Council. 1997, c. 4, s. 60 (3); 2010, c. 15, s. 227.

Conflict of interest

(4) Section 132 of the Business Corporations Act applies to the Council and to its directors and officers. 1997, c. 4, s. 60 (4).

Section Amendments with date in force (d/m/y)
2010, c. 15, s. 227 – 19/10/2021

Objects

61 The objects of the Council are,

(a) to promote fire safety throughout the province;
(b) to produce and distribute materials for public education with respect to fire safety;
(c) to provide or endorse training, education and fire prevention activities;
(d) to facilitate and co-ordinate the public exchange of information and ideas on matters of fire safety;
(e) to solicit, receive, manage and distribute money and other property to support the objects described in clauses (a), (b), (c) and (d);
(f) to enter into partnerships and agreements with persons or organizations in the private sector or with public bodies or organizations to further the objects described in clauses (a), (b), (c), (d) and (e); and
(g) to advise the Fire Marshal on matters of fire safety. 1997, c. 4, s. 61.

Board

62 (1) The affairs of the Council shall be managed by its board of directors.

Composition

(2) The board shall be composed of the Fire Marshal, or if he or she is absent or unable to act, the Deputy Fire Marshal, and at least six directors appointed from among the members by the Minister on the recommendation of the Fire Marshal.

Term of office

(3) A director is appointed for a term not exceeding three years, and may be reappointed for successive terms not exceeding three years each.

Chair

(4) The Fire Marshal, or if he or she is absent or unable to act, the Deputy Fire Marshal, is chair of the board.

Vice-chairs

(5) The Fire Marshal shall designate one or more other directors to be vice-chairs.

Same
(6) If the Fire Marshal or Deputy Fire Marshal is absent from a meeting of the board or is unable to act, a vice-chair shall act as and have all the powers of the chair.

Quorum

(7) A majority of the directors constitutes a quorum.

Vacancies

(8) If a director’s position becomes vacant, the Minister may appoint another person to the board for the remainder of his or her term.

Remuneration

(9) The appointed directors shall receive such remuneration and reimbursement for reasonable expenses as may be determined by the Council. 1997, c. 4, s. 62.

Powers of Council

63 (1) The Council has the capacity and the rights, powers and privileges of a natural person, subject to the limitations set
out in this Act, for the purpose of carrying out its objects.

Same
(2) Without limiting the generality of subsection (1), the board of directors of the Council may,

(a) enter into agreements with any organization with objects similar to or consistent with those of the Council;
(b) authorize any person or organization to use the Council’s logo to indicate the Council’s endorsement of a product, service, training course, education course or activity;
(c) otherwise endorse any product, service, training course, education course or activity;
(d) solicit, receive, manage, invest, transfer, use and distribute money and other property to support the objects of the Council.

Logo

(3) The board of directors shall by by-law adopt a logo for the Council. 1997, c. 4, s. 63.

Borrowing powers

64 (1) The board of directors of the Council may borrow money on the credit of the Council for the purposes of the Council and may use any money or property of the Council as security for such borrowing.

Limitation on borrowing powers

(2) The amount that may be borrowed under subsection (1), together with the total of any previous borrowing that remains unpaid, shall not exceed $50,000 at any one time without the approval of the Minister, but no lender shall be required to inquire into the board’s compliance with this section and all loans to the Council shall be deemed to have been lawfully made under the authority of this section despite any non-compliance of the board. 1997, c. 4, s. 64.

By-laws

65 The board of directors of the Council may pass by-laws,

(a) regulating its proceedings;
(b) establishing the fiscal year for the Council;
(c) specifying the powers, duties and remuneration of its officers and employees;
(d) establishing an executive committee and other committees and delegating powers of the board to such committees;
(e) providing for membership in the Council, establishing classes of membership and prescribing the qualifications, conditions and rights of membership, the fees, if any, to be paid for membership and providing for and regulating members’ meetings;
(f) generally for the management of the Council. 1997, c. 4, s. 65.

Council’s property to be dedicated to objects

66 (1) All the property of the Council and all its income, revenue and profits shall be devoted and applied solely to carrying out the objects of the Council.

Investment

(2) Any funds of the Council that are not immediately required for promoting and carrying out its objects, and the proceeds of any property of the Council, subject to any trust affecting them, not immediately required for such purpose, may be invested and reinvested as the board of directors considers proper.

Money vests in Council

(3) All amounts in the Consolidated Revenue Fund credited, immediately before this section comes into force, to an advisory committee that was established under the Fire Marshals Act, being chapter F.17 of the Revised Statutes of Ontario, 1990, are hereby vested in the Council. 1997, c. 4, s. 66.

Employees

67 (1) The board of directors of the Council may employ or contract for the services of such persons, including any persons who are appointed directors, as it considers necessary for the functioning of the Council. 1997, c. 4, s. 67 (1).

Not an employee of the Crown

(2) A person who is employed or whose services are contracted under subsection (1) is not and shall not be deemed to be an employee of the Crown. 2006, c. 35, Sched. C, s. 44 (2).

Section Amendments with date in force (d/m/y)
2006, c. 35, Sched. C, s. 44 (2) – 20/08/2007

Ministry support

68 The Office of the Fire Marshal may, on request, provide administrative, technical or expert advice or assistance to the Council. 1997, c. 4, s. 68.

Protection from personal liability

69 (1) No action or other proceeding for damages may be instituted against a director or a member of the Council or any employee of the Council for any act done in good faith in the execution or intended execution of the person’s power or duty or for any alleged neglect or default in the execution in good faith of the person’s power or duty. 1997, c. 4, s. 69 (1).

Same
(2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (1) to which it would otherwise be subject. 1997, c. 4, s. 69 (2); 2019, c. 7, Sched. 17, s. 77 (1).

Indemnification for legal costs

(3) With the approval of the Minister, a person described in subsection (1) or a former director, member or employee of the Council shall be indemnified by the Crown in right of Ontario for his or her reasonable legal costs in respect of any proceeding in which the person’s execution in good faith of his or her duties is in issue, if the person acted in good faith. 1997, c. 4, s. 69 (3).

Section Amendments with date in force (d/m/y)
2019, c. 7, Sched. 17, s. 77 (1) – 01/07/2019

Auditors

70 The board of directors of the Council shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit the accounts and transactions of the Council for each fiscal year. 1997, c. 4, s. 70; 2004, c. 8, s. 46.

Section Amendments with date in force (d/m/y)
2004, c. 8, s. 46, Table – 01/11/2005

Annual and other reports

71 The board of directors of the Council shall submit an annual report to the Minister on the affairs and transactions of the Council in the preceding fiscal year and shall submit such other reports as the Minister may request. 1997, c. 4, s. 71.

Winding-up

72 Upon the winding-up or dissolution of the Council, all its assets, after discharging all outstanding liabilities, shall vest in the Crown. 1997, c. 4, s. 72.

Review

73 The Minister shall, five years after this Part comes into force, undertake a review of the activities of the Council and submit to the Lieutenant Governor in Council a report that recommends the continuation, amendment or repeal of this Part. 1997, c. 4, s. 73.