Lynn Henderson's Law (Workplace Safety and Insurance Amendment), 2000 Christopherson, David — Bill 106 (37th Parliament, 1st Session)

Bill 106, 37-1

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Bill 106, Lynn Henderson's Law (Workplace Safety and Insurance Amendment), 2000

Christopherson, David

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[37] Bill 106 Original (PDF)

Bill 106

Bill 1062000

An Act, in recognition

of Lynn Henderson, to amend

the Workplace Safety

and Insurance Act, 1997,

in order to provide for

compensation for secondary victims

of occupational disease

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 sections:

Secondary victims of occupational diseases, home exposure

15.1 (1)This

section applies if a person suffers from and

is impaired by an occupational disease that occurs due to the nature of an

employment engaged in by a worker with whom the person lived.

Applicant deemed to be a worker

(2)A person who makes an application for benefits under this

section shall

be deemed to be a worker to whom this Act applies.

Entitlement to benefits

(3)The person and his or her survivors are entitled to benefits under the

insurance plan as if the disease were a personal injury by accident and as if

the impairment were the happening of the accident.

Presumed causation

(4)The person's disease is presumed to have occurred due to the nature of

the worker's employment, unless the contrary is shown, if the person and the

worker lived together at some time before the date of the impairment, the

worker was engaged in the relevant employment during all or part of the time

that they lived together, and one of the following conditions is also

satisfied:

1.The worker contracts an occupational disease due to the nature of his or

her employment and the person who resides with the worker contracts the same

disease.

2.The worker was employed in a process set out in

Schedule 3 or 4, and the

person who resides with the worker contracts a disease specified in

Schedule

3 or 4, as the case may be.

Deemed causation, mesothelioma

(5)A primary neoplasm of the mesothelium of the pleura or peritoneum

suffered by the person is deemed to have occurred due to the nature of the

worker's employment if the person and the worker lived together at some time

before the date of the impairment and, during all or part of the time that

they lived together, the worker was exposed to airborne asbestos fibres in

his or her employment.

Application of s. 15 (5) and (6)

(6)Subsections 15 (5) and (6) apply, with necessary modifications, to

applications for benefits under this section.

Special rules re employers

(7)The following rules apply for the purposes of this section:

1.The worker's employer shall be deemed also to be the employer of the

person who resided with the worker.

2.The Board may declare that a

Schedule 1 employer is liable with respect

to the person as if the employer were a

Schedule 2 employer. However, the

employer continues to be a

Schedule 1 employer for the purposes of sections

28, 29, 30, 84 and 94.

3.A declaration under paragraph 2 may be restricted to an industry, a part

of an industry or a department of work or service engaged in by the

employer.

4.Compliance with sections 25, 40 and 41 remains the responsibility of the

person's actual employer, if any, but in that case the cost of compliance

shall be paid by the deemed employer. If the deemed employer fails to do so

within a reasonable time, the Board shall pay the costs of compliance to the

person's actual employer and is entitled to recover them from the deemed

employer.

Special rules re calculating benefits

(8)The following rules apply for the purpose of calculating benefits under

the insurance plan in an application under this section:

1.The person's average earnings are his or her average earnings in his or

her actual employment, the average earnings of the worker with whom the

person resided, or the average earnings of a full-time worker earning the

average industrial wage for Ontario in the year of the person's impairment,

whichever is greater.

2.The average earnings of the worker, for the purpose of paragraph 1,

shall be determined in the way that most fairly represents his or her

earnings during the period that he or she was engaged in the relevant

employment and resided with the person. If those earnings are not known, the

Board shall determine the amount with reference to,

i.the worker's earnings during any later period of employment with the

same employer,

ii.if information under subparagraph i is not available, the earnings of

another worker employed at the same work by the same employer during the

relevant period,

iii.if information under subparagraphs i and ii is not available, the

earnings of a worker employed in the same grade in the same class of

employment in Ontario during the relevant period, or during any period for

which information is available.

Application, time of exposure

(9)This

section applies with respect to a person and his or her survivors

if the person and the worker lived together while the worker was engaged in

the relevant employment at any time on or after January 1, 1950.

Mesothelioma, community exposure

15.2 (1)This

section applies if the following conditions

are met:

1.A person contracts a primary neoplasm of the mesothelium of the pleura

or peritoneum.

2.The person was exposed to airborne asbestos fibres generated by a

workplace in Ontario.

3.The exposure did not take place in the person's own employment or in the

manner described in subsection 15.1 (5).

Deemed causation and deemed employer

(2)The person is deemed to be a worker under this Act, the disease is

deemed to have occurred due to the nature of the employment and the employer

in whose workplace the airborne asbestos fibres were generated is deemed to

be the person's employer.

Application of s. 15.1 (3) and (7)

(3)Subsection 15.1 (3) and paragraphs 2, 3 and 4 of subsection 15.1

(7) apply to the person, with necessary modifications.

Special rules re calculating benefits

(4)For the purpose of calculating benefits under the insurance plan in an

application under this section, the person's average earnings are the

greatest of the following:

1.The person's average earnings in his or her actual employment.

2.The average earnings of all full-time workers in the workplace where the

airborne asbestos fibres were generated in the year of the person's

impairment.

3.The average earnings of a full-time worker earning the average

industrial wage for Ontario in the year of the person's impairment.

Multiple employers

(5)If there is more than one deemed employer under subsection (2),

(a)they shall share financial responsibility equally; and

(b)earnings for the purposes of paragraph 2 of subsection (4) shall be an

average of earnings in all the workplaces.

Application, time of exposure

(6)This

section applies with respect to a person and his or her survivors

if the person's exposure to airborne asbestos fibres occurred on or after

January 1, 1950.

Study re residents of Lambton County

15.3 (1)The Board shall carry out a study of residents

and former residents of the County of Lambton to identify potential claimants

under subsection 15.1 (5) and

section 15.2.

Time frame, report

(2)The Board shall begin the study on or before the first anniversary of

the day Lynn Henderson's Law (Workplace Safety and Insurance Amendment),

2000 comes into force and shall submit a report of the completed study,

including the Board's recommendations, to the Speaker of the Legislative

Assembly on or before the fifth anniversary of that day.

Monitoring system

15.4 On or before the fifth anniversary of the day

Lynn Henderson's Law (Workplace Safety and Insurance Amendment),

2000 comes into force, the Board shall establish and implement a system

to identify potential claimants under sections 15.1 and 15.2.

Commencement

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

Assent.

Short title

3.The

short title of this Act is Lynn Henderson's Law

(Workplace Safety and Insurance Amendment), 2000 .

EXPLANATORY NOTE

The Bill amends the Workplace Safety and Insurance Act, 1997 to

provide no-fault benefits for secondary victims - persons who contract

occupational diseases that are not caused by their own employment but by the

employment of other persons who live with them. No-fault benefits are also

provided for persons who contract mesothelioma as a result of exposure to

airborne asbestos fibres in the community.

Date Bill stage Activity Committee

June 21, 2000

First Reading

Carried

Debates and Progress

First Reading

June 21, 2000

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 106, 37-1
Type	bill
Volume / chapter	p37 s1 bill 106 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	100ef5fb8890bc29681e47b3e2efc8ecac5922cd

Source file is stored in the law ingest library (html).