Workplace Safety and Insurance Amendment Act (Post Traumatic Stress Disorder), 2010 DiNovo, Cheri — Bill 11 (39th Parliament, 2nd Session)

Bill 11, 39-2

Ontario — Bills

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Bill 11, Workplace Safety and Insurance Amendment Act (Post Traumatic Stress Disorder), 2010

DiNovo, Cheri

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Acts affected

Original

[39] Bill 11 Original (PDF)

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:

Section 13 of the Workplace Safety and Insurance Act, 1997 is repealed and

the following substituted:

Insured injuries

(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.

Date Bill stage Activity Committee

March 23, 2010

First Reading

Carried

Debates and Progress

First Reading

March 23, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 11

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Workplace Safety and Insurance Act, 1997

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 11, 39-2
Type	bill
Volume / chapter	p39 s2 bill 11 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	52f20f6038569918e01d18c5ae0d3bfa5b833bd1

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