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Bill 191, Workplace Safety and Insurance Amendment Act (Presumption Respecting COVID-19), 2020

Gates, Wayne

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Acts affected

Original

Bill 191 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Workplace Safety and Insurance Act, 1997 .

New

section 15.0.1 of the Act applies with respect to workers who work for a

business that has been listed as an essential business in an order made under

the Emergency Management and Civil Protection Act .

If a worker for an essential business receives a positive test for the disease

known as COVID-19, the disease is presumed to be an occupational disease that

occurs due to the nature of the worker’s work, unless the contrary is shown.

The presumption applies to a positive test received on or after January 25,

2020. Transitional matters are provided for.

Bill 191 2020

Act to amend the Workplace Safety and Insurance Act, 1997 with respect to

presumptions in connection with COVID-19 for workers in essential businesses

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

The Workplace Safety and Insurance Act, 1997 is

amended by adding the following section:

Presumption

re: COVID-19

Application,

essential business workers

15.0.1

(1) This

section applies with respect to workers who work for a business listed as an

essential business in an order made under the Emergency

Management and Civil Protection Act .

Occupational

disease

(2) If

a worker receives a positive test for the disease known as COVID-19, the

disease is presumed to be an occupational disease that occurs due to the nature

of the worker’s work, unless the contrary is shown.

Timing

of diagnosis

(3) The

presumption in subsection (2) applies to a positive test received on or after

January 25, 2020.

Clarification

(4) For

greater certainty, this

section applies,

(

a) whether

the worker works for the essential business as an employee or otherwise; and

(

b) regardless

of when the business is or was listed as an essential business in an order made

under the Emergency Management and Civil Protection Act .

Pending

claim before Board

(5) If

a worker to which this

section applies filed a claim for entitlement to

benefits relating to COVID-19 and the claim is pending before the Board on the

day on which this

section comes into force, the Board shall decide the claim in

accordance with this section.

Pending

claim before Appeals Tribunal

(6) If

a worker to which this

section applies filed a claim for entitlement to

benefits relating to COVID-19 and the claim is pending before the Appeals

Tribunal on the day on which this

section comes into force, the Appeals

Tribunal shall decide the claim in accordance with this section.

Denial

vacated

(7) If

a worker to which this

section applies filed a claim for entitlement to

benefits relating to COVID-19 and the claim was denied by the Board or by the

Appeals Tribunal before the day this

section comes into force, the denial is

vacated and the worker may refile a claim to be decided in accordance with this

section.

Commencement

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

Short

title

The

short title of this Act is the Workplace Safety and

Insurance Amendment Act (Presumption Respecting COVID-19), 2020 .

Date Bill stage Event Outcome Committee

May 19, 2020

First Reading

Vote

Carried

Debates and Progress

First Reading

May 19, 2020

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 191

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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