Regulation - Minister
Bill or Act:
Fire Protection and Prevention Act, 1997
Summary of Decision:
The Firefighter Certification regulation was filed on April 14, 2022. The regulation will come into force on July 1, 2022.
The regulation introduces mandatory minimum certification standards for firefighters that align with fire protection services being performed. This will help ensure that firefighters have consistent training according to the level of service set by a municipal council or territory without municipal organization, supporting firefighter and public safety. The regulation reflects feedback submitted related to exceptions, transition, and certification standards.
Analysis of Regulatory Impact:
Fire departments have different training needs and pressures depending on levels of service, operational context (e.g. full-time, composite, or volunteer department) and community size (e.g. rural, urban, large urban, or remote). Many fire departments already train to a higher standard than the proposed minimum certification requirements, therefore compliance costs related to training activities are expected to be minimal for these stakeholders.
There are no new upfront or recurring capital or operating costs (or savings) for municipalities and territories without municipal organization to comply with the proposed regulation. There are also no direct compliance costs or savings related to fees, as the Office of the Fire Marshal will offer certification to the minimum standards at no charge.
No change is anticipated in administrative costs related to the maintenance of training records, which may be subject to audit by the Office of the Fire Marshal to verify regulatory compliance. Municipalities and territories without municipal organization would continue to use their established records management practices to document firefighter training and certification.
There may be one-time administrative costs related to implementing the new requirements.
Regulatory Impact Analysis Update:
The one-time administrative costs are estimated to range between $76 to $1,152 per fire department depending on the number of legacy applications submitted.
The initial estimate of administrative costs included a cost related to record keeping, but as the final regulation does not introduce a new record keeping requirement this cost has been removed from the final estimate.
The low-end administrative cost assumes that a fire department does not have any legacy applications and the cost would be limited to a Fire Chief taking one hour to familiarize themselves with the regulation. The high-end administrative cost assumes that a Fire Chief would familiarize themselves with the regulation and includes administrative personnel submitting 30 legacy applications to the Office of the Fire Marshal. For both scenarios, the administrative cost would only be incurred in the first year that the regulation is in effect.
January 28, 2022
Summary of Proposal:
The Ministry of the Solicitor General (the Ministry) is seeking public input on a proposed regulation under the Fire Protection and Prevention Act, 1997 (FPPA) that would establish mandatory minimum certification standards for specific fire protection services.
The Ministry is proposing a firefighter certification model that outlines the mandatory minimum standard and corresponding job performance requirements of firefighters delivering specific fire protection services. The proposed approach would provide flexibility to meet local training needs based on the level of fire protection service set by municipal council or territory without municipal organization, while promoting firefighter and public safety. Certain firefighters would be exempted from certification standards based on their prior knowledge, skills, and training. The proposed approach would:
• Require municipalities and territories without municipal organization to meet the certification standard that aligns with their level of fire protection service.
• Include minimum certification requirements for identified fire protection services, based on specific job performance requirements from National Fire Protection Association (NFPA) professional qualification standards.
• Require certification to full NFPA standards (rather than only specific job performance requirements) for certain fire protection services.
• Prevent the need for recertification of firefighters, if the requirements for obtaining a certification standard are subsequently updated or changed.
• Provide a time-limited legacy opportunity for fire departments to apply for a letter of compliance based on previously completed training and existing skills and knowledge for existing firefighters.
o This process would only be available for identified fire protection services prescribed in the regulation and to firefighters who have been providing those services since the dates set out in the regulation.
o The Office of the Fire Marshal would set out the required information for fire departments to submit.
The proposed regulation does not change or add any new regulatory requirements on fire departments that are currently training and certifying to full NFPA standards, as they will already meet or exceed the minimum certification requirements defined in Table 1 of the draft regulation. Fire departments would also still have the option to train firefighters to a higher certification standard than what is prescribed in the regulation. In this case, the Office of the Fire Marshal would continue to provide for accreditation to full NFPA standards for all fire protection services covered in the regulation.
The regulation is proposed to come into force on July 1, 2022, with a four- and six-year compliance timeline based on the level of fire protection service set out in the Table.
For additional details on the proposed regulation, please see the attached consultation draft Firefighter Certification Regulation linked below.
Ministry of the Solicitor General
Strategic Policy, Research and Innovation Division
George Drew Building
25 Grosvenor Street, 9th Floor
Toronto, ON M7A 1Y6
July 1, 2022