Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Section 41
Disposition versions

Full text
Duty of municipality or rural community
41(1)In this section, “suitable employment” means appropriate employment that a firefighter, employed as such, who has a disablement is capable of doing, considering his or her physical abilities and employment qualifications and which does not endanger his or her health, safety or physical well-being.
41(2)No municipality or rural community that employs a person as a firefighter shall dismiss, suspend, lay off, penalize, discipline or discriminate against him or her because he or she has a disablement in respect of which he or she is, in the opinion of the Commission, entitled to make a claim for compensation under this Act, from the date of the disablement to the later of
(a) the date the Commission renders its decision with respect to the claim for compensation, or
(b) if the municipality or rural community is bound by the requirements of subsection (3) or (5), the date it is no longer bound by those requirements.
41(3)Subject to subsection (5), if the person employed as a firefighter
(a) has a disability in respect of which he or she was entitled to compensation under this Act,
(b) had been, on the commencement of a period in which he or she was entitled to compensation under this Act with respect to that disability, employed by the municipality or rural community for a period of at least one year, and
(c) is, in the opinion of the Commission, able to resume work,
the municipality or rural community shall
(d) permit him or her to resume work in the position he or she held immediately before the commencement of the period in respect of which he or she was entitled to compensation under this Act or in an equivalent position, with no decrease in pay and with no loss of seniority or benefits accrued up to the commencement of that period, or
(e) permit him or her to resume work in suitable employment that may become available with the municipality or rural community with no loss of seniority or benefits accrued up to the commencement of the period referred to in paragraph (d), if, in the opinion of the Commission, he or she is unfit for a position within the meaning of paragraph (d).
41(4)If a person who is permitted to resume work in accordance with paragraph (3)(d) or (e), as the case may be, refuses to do so, the municipality or rural community is no longer bound by the requirements under that paragraph.
41(5)A municipality or rural community is bound by the requirements under subsection (3) for a period of 2 years.
41(6)If this section affords a person employed as a firefighter greater rights than those available to him or her under a collective agreement with the municipality or rural community or under the policies and practices of the municipality or rural community, this section prevails over the collective agreement or the policies and practices.