Bill 11 2010

An Act to amend the Workplace Safety and Insurance Act, 1997 with respect to post traumatic stress disorder

Note: This Act amends the Workplace Safety and Insurance Act, 1997.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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.  Section 13 of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:

Insured injuries

   13.  (1)  A worker who sustains mental stress or a personal injury by accident arising out of and in the course of his or her employment is entitled to benefits under the insurance plan.

Presumptions

   (2)  If the mental stress or accident arises out of the worker's employment, it is presumed to have occurred in the course of the employment unless the contrary is shown.  If it occurs in the course of the worker's employment, it is presumed to have arisen out of the employment unless the contrary is shown.

Exception, employment outside Ontario

   (3)  Except as provided in sections 18 to 20, the worker is not entitled to benefits under the insurance plan if the mental stress or accident occurs while the worker is employed outside of Ontario.

Post traumatic stress disorder

   (4)  Mental stress includes post traumatic stress disorder.

Time limits do not apply

   (5)  The time limits set out in subsections 22 (1) and (2) do not apply to the filing of a claim in respect of post traumatic stress disorder.

Definition

   (6)  In this section,

"post traumatic stress disorder" means an anxiety disorder that develops after exposure to a traumatic event or experience with symptoms that may include flashbacks, nightmares and intense feelings of fear or horror.

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 (Post Traumatic Stress Disorder), 2010.

EXPLANATORY NOTE

The Bill amends the Workplace Safety and Insurance Act, 1997 to provide that a worker who sustains mental stress arising out of and in the course of his or her employment is entitled to benefits under the insurance plan. The Bill also specifies that post traumatic stress disorder is a type of mental stress.