Bill 221 2007

An Act to amend the Workplace Safety and Insurance Act, 1997 with respect to firefighters and certain related occupations

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 definition of "occupational disease" in subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is amended by striking out "or" at the end of clause (c), by adding "or" at the end of clause (d) and by adding the following clause:

  (e)  a disease prescribed under clause 15.1 (8) (d);

   2.  The Act is amended by adding the following sections:

Presumptions re: firefighters, etc.

Heart injury

   15.1  (1)  If a worker is prescribed under clause (8) (a) and sustains an injury to the heart in circumstances prescribed under clause (8) (c), the injury is presumed to be a personal injury arising out of and in the course of the worker's employment as a firefighter or fire investigator, unless the contrary is shown.

Time of injury

   (2)  The presumption in subsection (1) applies only to injuries sustained on or after January 1, 1960.

Injuries sustained before 1998

   (3)  Where the presumption in subsection (1) applies in relation to an injury to the heart sustained by a worker before January 1, 1998, the rights of the worker or his or her survivor shall, subject to the presumption, be determined in accordance with Part IX.

Occupational disease

   (4)  If a worker is prescribed under clause (8) (a) and suffers from and is impaired by a disease prescribed under clause (8) (d), the disease is presumed to be an occupational disease that occurs due to nature of the worker's employment as a firefighter or fire investigator, unless the contrary is shown.

Time of diagnosis

   (5)  The presumption in subsection (4) applies only to diseases diagnosed on or after January 1, 1960.

Diseases diagnosed before 1998

   (6)  Where the presumption in subsection (4) applies in relation to a disease of a worker that is diagnosed before January 1, 1998, the rights of the worker or his or her survivor shall, subject to the presumption, be determined in accordance with Part IX.

Conditions and restrictions

   (7)  The presumptions in subsections (1) and (4) are subject to any conditions and restrictions prescribed under clause (8) (e).

Regulations

   (8)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing firefighters, fire investigators, or classes of firefighters or fire investigators, as workers to whom subsection (1) or (4) applies;

  (b)  defining "firefighter" and "fire investigator";

   (c)  prescribing circumstances in which an injury to the heart is sustained for the purposes of subsection (1);

  (d)  prescribing diseases for the purposes of subsection (4);

  (e)  prescribing conditions and restrictions relating to the presumptions established by subsections (1) and (4), including, but not limited to, conditions and restrictions related to nature of employment, length of employment, time during which the worker was employed or age of the worker;

    (f)  providing that section 15.2, in whole or in part, does not apply in circumstances specified in the regulation;

  (g)  if a regulation is made under clause (f), providing for alternative rules to govern claims to which section 15.2, in whole or in part, would have applied;

   (h)  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in relation to this section, the regulations under this section and section 15.2.

Same

   (9)  A regulation made under clause (8) (b) may define firefighter to include,

  (a)  volunteer firefighters; and

  (b)  workers who are not included in the definition of "firefighter" in the Fire Protection and Prevention Act, 1997.

Same

   (10)  A regulation made under this section may be general or particular in its application.

Claims based on presumptions

   15.2  (1)  This section applies where a regulation under section 15.1 is made or amended and, as a result, a presumption established under section 15.1 applies to an injury sustained by a worker or to a disease with which a worker is diagnosed.

New claims

   (2)  If the worker or his or her survivor never filed a claim in respect of the injury or disease, the worker or his or her survivor may file a claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

Refiled claims

   (3)  Subject to subsection (4), if the worker or his or her survivor filed a claim in respect of the injury or disease and the claim was denied by the Board or by the Appeals Tribunal, the worker or his or her survivor may refile the claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

Time limits

   (4)  The time limits in subsections 22 (1) and (2) do not apply in respect of a claim that is refiled under subsection (3).

Pending appeal

   (5)  If a claim is pending before the Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

Pending claim

   (6)  If a claim is pending before the Board, the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

   3.  Subsection 94 (7) of the Act is amended by striking out "section 15" in the portion before clause (a) and substituting "sections 15, 15.1 and 15.2".

   4.  Clause 183 (1) (a) of the Act is repealed and the following substituted:

  (a)  prescribing anything that must or may be prescribed under this Act, except under section 15.1;

   5.  (1)  This section applies only if Bill 187 (Budget Measures and Interim Appropriation Act, 2007), introduced on March 22, 2007, receives Royal Assent.

   (2)  References in this section to provisions of Bill 187 are references to those provisions as they were numbered in the first reading version of the Bill.

   (3)  On the later of the day section 4 comes into force and the day section 11 of Schedule 41 to Bill 187 comes into force, clause 183 (1) (a) of the Act is repealed and the following substituted:

  (a)  prescribing anything that must or may be prescribed under this Act, except under sections 15.1 and 52.1;

Commencement

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

Short title

   7.  The short title of this Act is the Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters), 2007.

 

EXPLANATORY NOTE

The Bill amends the Workplace Safety and Insurance Act, 1997 to create presumptions that apply to firefighters and fire investigators prescribed by regulation.

Where prescribed by regulation, heart injuries sustained on or after January 1, 1960 and diseases diagnosed on or after that date are presumed to be due to the worker's employment, unless the contrary is shown.

The Bill sets out procedural and transitional rules governing claims to which a presumption applies.

Bill 221 2007

An Act to amend the Workplace Safety and Insurance Act, 1997 with respect to firefighters and certain related occupations

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 definition of "occupational disease" in subsection 2 (1) of the Workplace Safety and Insurance Act, 1997 is amended by striking out "or" at the end of clause (c), by adding "or" at the end of clause (d) and by adding the following clause:

  (e)  a disease prescribed under clause 15.1 (8) (d);

   2.  The Act is amended by adding the following sections:

Presumptions re: firefighters, etc.

Heart injury

   15.1  (1)  If a worker is prescribed under clause (8) (a) and sustains an injury to the heart in circumstances prescribed under clause (8) (c), the injury is presumed to be a personal injury arising out of and in the course of the worker's employment as a firefighter or fire investigator, unless the contrary is shown.

Time of injury

   (2)  The presumption in subsection (1) applies only to injuries sustained on or after January 1, 1960.

Injuries sustained before 1998

   (3)  Where the presumption in subsection (1) applies in relation to an injury to the heart sustained by a worker before January 1, 1998, the rights of the worker or his or her survivor shall, subject to the presumption, be determined in accordance with Part IX.

Occupational disease

   (4)  If a worker is prescribed under clause (8) (a) and suffers from and is impaired by a disease prescribed under clause (8) (d), the disease is presumed to be an occupational disease that occurs due to nature of the worker's employment as a firefighter or fire investigator, unless the contrary is shown.

Time of diagnosis

   (5)  The presumption in subsection (4) applies only to diseases diagnosed on or after January 1, 1960.

Diseases diagnosed before 1998

   (6)  Where the presumption in subsection (4) applies in relation to a disease of a worker that is diagnosed before January 1, 1998, the rights of the worker or his or her survivor shall, subject to the presumption, be determined in accordance with Part IX.

Conditions and restrictions

   (7)  The presumptions in subsections (1) and (4) are subject to any conditions and restrictions prescribed under clause (8) (e).

Regulations

   (8)  The Lieutenant Governor in Council may make regulations,

  (a)  prescribing firefighters, fire investigators, or classes of firefighters or fire investigators, as workers to whom subsection (1) or (4) applies;

  (b)  defining "firefighter" and "fire investigator";

   (c)  prescribing circumstances in which an injury to the heart is sustained for the purposes of subsection (1);

  (d)  prescribing diseases for the purposes of subsection (4);

  (e)  prescribing conditions and restrictions relating to the presumptions established by subsections (1) and (4), including, but not limited to, conditions and restrictions related to nature of employment, length of employment, time during which the worker was employed or age of the worker;

    (f)  providing that section 15.2, in whole or in part, does not apply in circumstances specified in the regulation;

  (g)  if a regulation is made under clause (f), providing for alternative rules to govern claims to which section 15.2, in whole or in part, would have applied;

   (h)  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in relation to this section, the regulations under this section and section 15.2.

Same

   (9)  A regulation made under clause (8) (b) may define firefighter to include,

  (a)  volunteer firefighters; and

  (b)  workers who are not included in the definition of "firefighter" in the Fire Protection and Prevention Act, 1997.

Same

   (10)  A regulation made under this section may be general or particular in its application.

Claims based on presumptions

   15.2  (1)  This section applies where a regulation under section 15.1 is made or amended and, as a result, a presumption established under section 15.1 applies to an injury sustained by a worker or to a disease with which a worker is diagnosed.

New claims

   (2)  If the worker or his or her survivor never filed a claim in respect of the injury or disease, the worker or his or her survivor may file a claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

Refiled claims

   (3)  Subject to subsection (4), if the worker or his or her survivor filed a claim in respect of the injury or disease and the claim was denied by the Board or by the Appeals Tribunal, the worker or his or her survivor may refile the claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

Time limits

   (4)  The time limits in subsections 22 (1) and (2) do not apply in respect of a claim that is refiled under subsection (3).

Pending appeal

   (5)  If a claim is pending before the Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

Pending claim

   (6)  If a claim is pending before the Board, the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.

   3.  Subsection 94 (7) of the Act is amended by striking out "section 15" in the portion before clause (a) and substituting "sections 15, 15.1 and 15.2".

   4.  Clause 183 (1) (a) of the Act is repealed and the following substituted:

  (a)  prescribing anything that must or may be prescribed under this Act, except under section 15.1;

   5.  (1)  This section applies only if Bill 187 (Budget Measures and Interim Appropriation Act, 2007), introduced on March 22, 2007, receives Royal Assent.

   (2)  References in this section to provisions of Bill 187 are references to those provisions as they were numbered in the first reading version of the Bill.

   (3)  On the later of the day section 4 comes into force and the day section 11 of Schedule 41 to Bill 187 comes into force, clause 183 (1) (a) of the Act is repealed and the following substituted:

  (a)  prescribing anything that must or may be prescribed under this Act, except under sections 15.1 and 52.1;

Commencement

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

Short title

   7.  The short title of this Act is the Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters), 2007.

 

EXPLANATORY NOTE

The Bill amends the Workplace Safety and Insurance Act, 1997 to create presumptions that apply to firefighters and fire investigators prescribed by regulation.

Where prescribed by regulation, heart injuries sustained on or after January 1, 1960 and diseases diagnosed on or after that date are presumed to be due to the worker's employment, unless the contrary is shown.

The Bill sets out procedural and transitional rules governing claims to which a presumption applies.