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2005 Legislative Session: 1st Session, 38th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

HONOURABLE MICHAEL DE JONG

MINISTER OF LABOUR AND CITIZENS' SERVICES

BILL 11 – 2005

WORKERS COMPENSATION AMENDMENT ACT, 2005

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(

a) by repealing the definition of "occupational disease" and substituting the following:

"occupational disease" means

(

a) a disease mentioned in

Schedule B,

(

b) a disease the Board may designate or recognize by regulation of general application,

(

c) a disease the Board may designate or recognize by order dealing with a specific case, and

(

d) a disease prescribed for the purpose of

section 6.1 (2) but only in respect of a worker to whom the presumption in that

section applies, unless the disease is otherwise described by this definition,

and "disease" includes disablement resulting from exposure to contamination; , and

(

b) in the definition of "regulation" by striking out " when used in

Part 1, " and substituting " when used in

Part 1 in relation to regulations of the Board, ".

2 The following

section is added:

Firefighters' occupational disease presumption

6.1

(1) In this section, "firefighter" means a member of a fire brigade who is

(

a) described by paragraph (

c) of the definition of "worker",

(

b) working, on a full-time basis for remuneration, as a member of the fire brigade, and

(

c) assigned primarily to fire suppression duties, whether or not those duties include the performance of ambulance or rescue services.

(2) If a worker who is or has been a firefighter contracts a prescribed disease, the disease must be presumed to be due to the nature of the worker's employment as a firefighter, unless the contrary is proved.

(3) The presumption in subsection (2) applies only to a worker who

(

a) has worked as a firefighter for the minimum cumulative period prescribed for the disease,

(

b) throughout that period, has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, and

(

c) is first disabled from the disease on or after April 11, 2005 or a later date prescribed for the disease.

(4) The Lieutenant Governor in Council may make regulations for the purposes of subsections (2) and (3) (

a) and (c).

(5) If made on or before January 1, 2006, a regulation under subsection (4) may be made retroactive to a date on or after April 11, 2005 and a regulation made retroactive under this

section is deemed to have come into force on the date specified in the regulation and has the retroactive effect necessary to give it force and effect on and after that date.

Transitional – firefighters' presumption

(1) In this section:

"Act" means the Workers Compensation Act ;

"effective date" means the date the first regulation made under

section 6.1 (4) [firefighters' occupational disease presumption] of the Act is deposited with the Registrar of Regulations;

"interim period" means the period starting April 11, 2005 and ending on the effective date.

(2) For the purposes of applying

section 55 (2) [application for compensation] of the Act in relation to a worker

(

a) to whom the presumption in

section 6.1 (2) of the Act is reasonably asserted to apply, and

(

b) who was first disabled from the disease in the interim period,

the one year period in

section 55 (2) of the Act starts on the effective date.

(3) If an application for compensation under

Part 1 of the Act in respect of a worker to whom the presumption in

section 6.1 (2) of the Act is reasonably asserted to apply was refused in the interim period and none of the proceedings referred to in subsection (4) (a), (

b) and (

c) of this

section have occurred,

(

a) sections 96.2, 96.5 and 239 of the Act do not apply to the decision or order,

(

b) the decision or order is set aside effective on the date it was made, and

(

c) a new decision or order on the application must be made under

Part 1 of the Act.

(4) If, in the interim period,

(

a) a review under

section 96.2 [request for reviews] of the Act,

(

b) a reconsideration under

section 96.5 [reconsideration] of the Act, or

(

c) an appeal under

section 239 [appeal of review decisions] of the Act

has been requested, applied for or completed in respect of a refusal described in subsection (3), then

(

d) if a decision or order that does not result in compensation being paid has been made in respect of the request or application, the decision or order is set aside effective the date it was made,

(

e) if no decision or order has been made in respect of the request or application, the request or application is stayed, and

(

f) a new decision or order on the original application must be made under

Part 1 of the Act.

Commencement

4 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Sections 1 and 2

By regulation of the Lieutenant Governor in Council, which regulation must be made retroactive to April 11, 2005 and, once made, is deemed to have come into force on April 11, 2005 and is retroactive to the extent necessary to give it force and effect on and after that date

Explanatory Notes

SECTION 1: [Workers Compensation Act,

section 1] repeals and replaces the definition of

"occupational disease" to include the diseases that may be prescribed under

section 6.1 (2) and clarifies the definition of "regulation".

SECTION 2: [Workers Compensation Act,

section 6.1]

establishes a rebuttable presumption in favour of a firefighter who contracts a disease prescribed by regulation so that the firefighter does not have to prove the disease was contracted through employment;

establishes the conditions that must be met for the presumption to apply;

provides the Lieutenant Governor in Council with regulation making authority to prescribe

diseases in relation to which the presumption applies,

cumulative periods of employment as a firefighter that a firefighter must have in relation to a particular disease for the presumption to apply, and

a date later than April 11, 2005 for the date on or after which disablement must occur in relation to a disease for the presumption to apply.

SECTION 3: [Transitional – firefighters' presumption] requires that a decision denying

compensation that was made since April 11, 2005 in respect of a firefighter to

whom the presumption is reasonably asserted to apply be made again, and sets

aside other decisions and stays other proceedings in respect of such a decision

unless the decision or proceeding resulted in compensation being paid.

Copyright (c) 2005: Queen's Printer, Victoria, British Columbia, Canada