Bill 81 2013

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 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.  (1)  Subsections 15.1 (4) and (5) of the Workplace Safety and Insurance Act, 1997 are repealed and the following substituted:

Occupational disease

   (4)  If a worker is prescribed under clause (8) (a) and suffers from and is impaired by a disease listed in subsection (4.1) or a by disease prescribed under clause (8) (d), the disease is presumed to be an occupational disease that occurs due to the nature of the worker's employment as a firefigher or fire investigator, unless the contrary is shown.

Same

   (4.1)  The diseases referred to in subsection (4) are:

    1.  Primary-site testicular cancer.

    2.  Primary-site breast cancer.

    3.  Multiple myeloma.

Time of diagnosis

   (5)  The presumption in subsection (4) applies,

  (a)  with respect to diseases referred to in subsection (4.1), only to diseases diagnosed on or after January 1, 1980; and

  (b)  with respect to diseases prescribed under clause (8) (d), only to diseases diagnosed on or after January 1, 1960.

   (2)  Subsection 15.1 (4.1) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:

    4.  Primary-site skin cancer.

   (3)  Subsection 15.1 (4.1) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:

    5.  Primary-site lung cancer.

   (4)  Subsection 15.1 (4.1) of the Act, as enacted by subsection (1), is amended by adding the following paragraph:

    6.  Primary-site prostate cancer.

Commencement

   2.  (1)  Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.

   (2)  Subsection 1 (2) comes into force on January 1, 2014.

   (3)  Subsection 1 (3) comes into force on January 1, 2015.

   (4)  Subsection 1 (4) comes into force on January 1, 2016.

Short title

   3.  The short title of this Act is the Workplace Safety and Insurance Amendment Act (Presumptions for Firefighters), 2013.

EXPLANATORY NOTE

The Bill amends the Workplace Safety and Insurance Act, 1997 to add to the presumptions with respect to occupational disease that apply to firefighters and fire investigators.

Section 15.1 of the Act is amended to include six additional occupational diseases that are presumed to be occupational diseases if diagnosed on or after January 1, 1980.