EXPLANATORY NOTE

The Workplace Safety and Insurance Act, 1997 currently sets out a presumption that applies in respect of a worker who is a firefighter or fire investigator and who suffers from and is impaired by a prescribed disease. Provided any prescribed conditions and restrictions are satisfied, the disease is presumed to be an occupational disease that occurs due to the nature of the worker’s employment as a firefighter or fire investigator, unless the contrary is shown.

Currently, the regulations provide that in order for the presumption to apply in respect of primary-site esophageal cancer, the length of employment must have been at least a total of 25 years before being diagnosed. The Bill amends the Act to provide that the length of employment required in order for this presumption to apply is at least a total of 20 years before being diagnosed.

Bill 127 2023

An Act to amend the Workplace Safety and Insurance Act, 1997 with respect to primary-site esophageal cancer in firefighters and fire investigators

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

1 Section 15.1 of the Workplace Safety and Insurance Act, 1997 is amended by adding the following subsection:

Primary-site esophageal cancer

(4.1)  The presumption in subsection (4) in respect of primary-site esophageal cancer applies to a worker if,

  (a)  in the case of a worker who was employed as a full-time firefighter, part-time firefighter or fire investigator, the length of employment of the worker was at least a total of 20 years before being diagnosed; and

  (b)  in the case of a worker who served as a volunteer firefighter, the length of service of the worker was at least a total of 20 years before being diagnosed.

2 Subsection 15.2 (1) of the Act is repealed and the following substituted:

Claims based on presumptions

(1)  This section applies,

  (a)  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; and

  (b)  where the presumption in subsection 15.1 (4) applies to primary-site esophageal cancer with which a worker is diagnosed as a result of the coming into force of section 1 of the Captain Craig Bowman Act, 2023.

Commencement

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

Short title

4 The short title of this Act is the Captain Craig Bowman Act, 2023.