POLICY NUMBER: 1. 3. 4

Effective Date: February 1, 1996
Date Issued: December 15, 1995
Date Approved by Board of Directors: Dec. 7, 1995
Topic: Volunteer Fire Fighters
Section: Entitlement
Subsection: General

Policy Statement

1. Upon application by a municipality, the Board may provide workers' compensation coverage to the members of that municipality's volunteer fire department. Such members are entitled to normal compensation benefits if they suffer an injury arising out of and in the course of their employment as a volunteer fire fighter.

2. Where the Board admits the volunteer fire department, the members of the fire department are considered to be workers for purposes of the Act, and the municipality is considered to be their employer for purposes of the Act.

3. The amount of coverage purchased by the municipality will be based on the average earnings rate chosen by the municipality for the members of the volunteer fire department. The average earnings chosen by the municipality must be an amount between the minimum and maximum rate set by the Board by regulation.

4. As stipulated in regulation, the minimum average earnings for which coverage may be purchased is $10,200. The maximum average earnings for which coverage may be purchased is the assessable/insurable maximum in effect from time to time pursuant to s. 41(c) of the Act.

5. The average earnings rate chosen by the municipality applies to every member of the volunteer fire department.

6. Members of a volunteer fire department are considered to be in the course of their employment while:

a) in the act of responding to an emergency call (this includes travelling directly from the place where the call was received to the site of the emergency);

b) at the site of the emergency;

c) in the act of returning from the site of the emergency to the place where the call was received, home, their place of regular employment or any place for treatment, refreshment or recreation, whichever is reached first;

d) involved in the repair and maintenance of department's property or equipment;

e) attending required or authorized training activities;

f) attending required or authorized meetings related to the provision of fire fighting services; and

g) participating in parades or similar public events on behalf of the department, when so directed or authorized by an appropriate official.

7. Members are not considered to be in the course of their employment while involved in activities of a strictly recreational, sporting or social nature (even it the event is officially under the auspices of the department).

8. A worker who is injured in the course of his employment as a volunteer fire fighter will be paid benefits based on the greater of: (i) the worker's total actual earnings (from other employers and/or from self-employment); or (ii) the amount of coverage purchased by the municipality. For purposes of this Policy only, earnings can include earnings from employers in industries to which the Act applies and in industries to which the Act does not apply.

9. Those volunteer fire fighters who have no other employer will be paid benefits based on the amount of coverage purchased by the municipality.

10. The full cost of the claim will be charged against the experience of the municipality concerned -- that is, for the purposes of this Policy only, the employer (the municipality) will not be relieved of any costs associated with the worker's concurrent employment.

Application

This Policy applies to all decisions made on or after February 1, 1996.

References

Workers' Compensation Act (Chapte r 10, Acts of 1994 - 95), Sections 5, 44, 47.