Bill 111, Workplace Safety and Insurance Amendment Act (Bob Shaw), 2006

Versions

Bill 111 2006

An Act to amend the
Workplace Safety and
Insurance Act, 1997 with respect to
occupational diseases and
injuries of firefighters

Note: This Act amends the Workplace Safety and Insurance Act, 1997. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Workplace Safety and Insurance Act, 1997 is amended by adding the following section:

Health conditions, firefighters

Definition

15.1 (1) In this section,

"firefighter" has the same meaning as in subsection 1 (1) of the Fire Protection and Prevention Act, 1997.

Application

(2) This section applies regardless of when a person worked as a firefighter, contracted a disease, sustained an injury or filed a claim under section 22.

Presumption re occupational diseases of firefighters

(3) For the purposes of section 15, if a worker who is a firefighter contracts a disease specified in subsection (4), the disease is presumed to be an occupational disease that occurred due to the nature of the worker's employment as a firefighter unless the contrary is shown.

Occupational diseases

(4) The diseases mentioned in subsection (3) are as follows:

1. A primary-site brain cancer.

2. A primary-site bladder cancer.

3. A primary-site kidney cancer.

4. A primary non-Hodgkins' lymphoma.

5. A primary leukemia, including multiple myeloma.

6. A primary-site ureter cancer.

7. A primary-site colorectal cancer.

8. A primary-site lung cancer.

9. A primary-site testicular cancer.

10. A degenerative neurological disease.

11. A primary-site esophageal cancer.

12. A primary-site stomach cancer.

Restriction on presumption

(5) The presumption set out in subsection (3) only applies in respect of a disease specified in paragraphs 1 to 10 of subsection (4) and contracted by a worker if all of the following conditions are satisfied:

1. Regulations have been made under this Act that prescribe, for the specified disease, a period or series of periods of time during which the worker must have been a firefighter, and the worker was a firefighter during the period or series of periods.

2. The worker was regularly exposed during his or her employment as a firefighter to the hazards of a fire scene, other than a forest fire scene.

3. In the case of a disease referred to in paragraph 8 of subsection (4), regulations have been made under this Act that prescribe a maximum amount and a maximum duration of smoking, and the worker has not smoked a greater amount or for a longer duration than is prescribed.

Same

(6) The presumption set out in subsection (3) only applies in respect of a disease specified in paragraph 11 or 12 of subsection (4) and contracted by a worker if both of the following conditions are satisfied:

2. The worker was regularly exposed during his or her employment as a firefighter to asbestos dust.

Presumption re injuries to heart

(7) For the purposes of section 13, if a worker who is a firefighter sustains an injury to the heart while attending at a fire or other emergency in the performance of his or her duties as a firefighter, or within 24 hours after so attending, the injury is presumed to be a personal injury by accident arising out of and in the course of the worker's employment as a firefighter unless the contrary is shown.

Time limits do not apply

(8) The time limits set out in subsections 22 (1) and (2) do not apply to the filing of a claim in respect of,

(a) a disease that is presumed, under subsection (3), to be an occupational disease that occurred due to the nature of a worker's employment as a firefighter; or

(b) an injury that is presumed, under subsection (7), to be a personal injury by accident arising out of and in the course of a worker's employment as a firefighter.

Regulations

(9) The Board may make regulations,

(a) prescribing the period or series of periods during which a worker must have been a firefighter, for the purposes of paragraph 1 of subsection (5) and paragraph 1 of subsection (6); and

(b) prescribing the maximum amount and maximum duration of smoking, for the purposes of paragraph 3 of subsection (5).

Same

(10) A regulation under subsection (9) may be general or particular.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Workplace Safety and Insurance Amendment Act (Bob Shaw), 2006.

EXPLANATORY NOTE

The Workplace Safety and Insurance Act, 1997 is amended to create two rebuttable presumptions relating to health conditions affecting firefighters.

Subsection 15.1 (3) states that if a firefighter gets certain types of cancer or a degenerative neurological disease, the cancer or disease is presumed to be an occupational disease that occurred due to employment as a firefighter. The presumption applies for a cancer or disease if the worker has worked as a firefighter during at least the prescribed period or series of periods.

Subsection 15.1 (7) states that if a firefighter suffers heart damage while attending at a fire or emergency, or within 24 hours after attending at a fire or emergency, the heart damage is presumed to be a personal injury by accident that occurred due to employment as a firefighter.