role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 267, Workplace Safety and Insurance Amendment Act (Access to Mental Health Support for Essential Workers), 2021

Taylor, Monique

Please select

View bill

Status

Debates

Acts affected

Original

Bill 267 Original (PDF)

EXPLANATORY

NOTE

Currently,

the Workplace Safety and Insurance Act, 1997 provides

that a worker is entitled to benefits under the insurance plan for chronic or

traumatic mental stress arising out of and in the course of the worker’s

employment.

The

Bill amends the Act to provide that the chronic or traumatic mental stress of

certain individuals is presumed to have arisen out of and in the course of the

individuals’ employment. The presumption applies to any individual who, at any

time during the COVID-19 pandemic in Ontario, worked for a business that the

Government of Ontario listed as essential in an order under the Emergency Management and Civil Protection Act or the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 ,

or who was otherwise considered essential, including the individuals listed in

the Bill. The Lieutenant Governor in Council is given the power to prescribe

additional individuals for the purpose of the presumption.

Transitional

matters are provided for.

Bill 267 2021

Act to amend the Workplace Safety and Insurance Act, 1997 to establish a

presumption for certain workers respecting chronic or traumatic mental stress

in connection with the COVID-19 pandemic

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 amended by adding the following subsections:

Presumption,

chronic or traumatic mental stress

(4.1.1) Unless

the contrary is shown, a worker’s chronic or traumatic mental stress is

presumed to have arisen from and in the course of the worker’s employment if

the worker,

(

a) is

an individual described in subsection (6) as an individual to which this

subsection applies; and

(

b) would

otherwise be entitled to benefits under the insurance plan.

. . . .

Application

of presumption in subs. (4.1.1)

(6) Subsection

(4.1.1) applies to any individual who, at any time during the COVID-19 pandemic

in Ontario, worked for a business that the Government of Ontario listed as

essential in an order under the Emergency Management and

Civil Protection Act or the Reopening Ontario (A

Flexible Response to COVID-19) Act, 2020 , or otherwise considered

essential, including the following individuals:

1. An

individual who is,

i. a

regulated health professional, or

ii. an

unregulated health care provider working in health care delivery, either

directly or indirectly.

2. An

individual who works for a manufacturer or distributor of pharmaceutical

products or medical supplies, including medications, medical isotopes,

vaccines, antivirals, medical devices, sanitizers and disinfectants.

3. An

individual who works in a pharmacy as defined in the Drug

and Pharmacies Regulation Act .

4. An

individual who works in an establishment where goods or services are sold or

offered for sale to the public, if a pharmacy as defined in the Drug and Pharmacies Regulation Act is located within the

establishment.

5. A

police officer as defined in the Police Services Act .

6. A

special constable appointed pursuant to

section 53 of the Police

Services Act .

7. A

member of a police force other than a police officer as defined in the Police Services Act .

8. A

First Nations Constable appointed pursuant to

section 54 of the Police Services Act or a member of a police service in

which policing is delivered by First Nations Constables.

9. A

provincial offences officer as defined in the Provincial

Offences Act .

10. An

individual employed by the Ministry of the Attorney General or a municipality

in Ontario who is required to work on site to support the administration of the

Ontario Court of Justice, the Superior Court of Justice or the Court of Appeal

for Ontario, including,

i. court

services representatives, court and client representatives, court clerks, court

registrars, court reporters, enforcement officers and any other administrative

officers and employees that are considered necessary for the administration of

the courts,

ii. business

professionals and Crown prosecutors of the Criminal Law Division, and

iii. employees

of the Victim/Witness Assistance Program.

11. An

individual who provides essential justice-related frontline services to

Indigenous persons involved in the justice system and who is employed by an

Indigenous community or Indigenous organization through a program funded by the

Ministry of the Attorney General, including,

i. the

Indigenous Courtwork Program,

ii. the

Indigenous Bail Verification and Supervision Program, or

iii. the

Indigenous Bail Beds Program.

12. An

individual who is engaged in the delivery of frontline victim services funded

by the Ministry of the Attorney General under the Ontario Victim Services

program.

13. An

individual employed as a firefighter as defined in the Fire

Protection and Prevention Act, 1997 .

14. An

individual who is,

i. engaged

in providing fire protection services as defined in the Fire

Protection and Prevention Act, 1997 ,

ii. employed

in a fire department as defined in the Fire Protection and

Prevention Act, 1997 , or

iii. employed

in the Office of the Fire Marshal and whose duties include being a fire

investigator or supervising or managing fire investigators.

15. A

paramedic as defined in the Ambulance Act .

16. A

coroner as defined in the Coroners Act .

17. A

worker in a correctional institution as defined in the Ministry

of Correctional Services Act or an independent contractor who supplies

services to correctional institutions, including, but not limited to, employees

of Trilcor.

18. Probation

and parole officers as described in the Ministry of

Correctional Services Act , institutional liaison officers, court liaison

officers, individuals employed as assistant area managers and area managers of

staff at probation and parole offices and the administrative and support staff

at these offices.

19. An

individual employed in the Institutional Services Division of the Ministry of

the Solicitor General, including a person employed in a correctional

institution as defined in

section 1 of the Ministry of

Correctional Services Act .

20. An

individual employed in the Operational Support Division of the Correctional

Services Recruitment and Training Centre in the Ministry of the Solicitor

General who,

i. provides

facilities or maintenance services, or

ii.

is a Senior Staff Development Officer or Manager of Customized Training.

21. An

employee of Compass Group Canada Ltd. who works at or provides services in

relation to the Cook Chill Food Production Centre.

22. An

individual employed in the Ministry of the Solicitor General who performs one

or more of the following functions for the Institutional Services Division or

Community Services Division:

i. Performing

electronic monitoring services.

ii. Performing

CPIC searches.

iii. Preparing

community supervision orders.

23. An

individual employed in the Ministry of the Solicitor General at the Centre for

Forensic Sciences who is involved in supporting and conducting forensic testing

and analysis.

24. An

individual employed in the Ministry of the Solicitor General at the Provincial

Forensic Pathology Unit.

25. An

individual employed in the Provincial Emergency Operations Centre or at the

Ministry of the Solicitor General’s Emergency Operations Centre.

26. An

animal welfare inspector appointed pursuant to the Provincial

Animal Welfare Services Act, 2019 or an individual employed by the

Ministry of the Solicitor General in the Animal Welfare Services Branch who is

directly involved in supporting animal welfare inspectors.

27. An

individual employed in the operation of,

i. a

place of secure custody designated under

section 24.1 of the Young Offenders Act (Canada), whether in accordance with

section 88 of the Youth Criminal Justice Act

(Canada) or otherwise, or

ii. a

place of secure temporary detention as defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017 .

28. Persons,

other than foster parents, who deliver or directly support the delivery of

residential care, treatment and supervision to children and young persons

residing in residential settings licensed under the Child,

Youth and Family Services Act, 2017 .

29. An

individual employed by a children’s aid society designated under

section 34 of

the Child, Youth and Family Services Act, 2017 to

provide services necessary for the performance of a children’s aid society’s

functions, as set out in

section 35 (1) of that Act.

30. An

individual employed by a service agency as defined in

section 1 of the Services and Supports to Promote the Social Inclusion of Persons

with Developmental Disabilities Act, 2008 , to provide services and

supports, within the meaning of

section 4 of that Act, to adults with

developmental disabilities.

31. An

individual who is engaged in the delivery of services funded by the Ministry of

Children, Community and Social Services under the Violence Against Women

Support Services or the Anti-Human Trafficking Community Supports programs.

32. A

staff member of a transfer payment recipient funded by the Ministry of

Children, Community and Social Services who is engaged or employed to deliver

interpreting or intervenor services for persons who are deaf, deafened, hard of

hearing or deafblind.

33. Persons

employed in the Direct Operated Facilities Branch of the Ministry of Children,

Community and Social Services.

34. An

individual who performs work that is essential to the delivery of core services

in a municipality or First Nation community, as determined by the municipality

or First Nation.

35. An

individual who performs work of a critical nature in their service area or

community, as determined by the Minister of Education or his delegate in

consultation with the relevant service system manager or First Nation as those

terms are defined under the Child Care and Early Years

Act, 2014 .

36. An

individual who works in a child care centre or who otherwise provides child

care in accordance with the requirements in an order under the Emergency Management and Civil Protection Act or the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 .

37. A

staff member of a school as defined in the Education Act

who provides, or supports the provision of, in-person instruction at a school

to pupils with special education needs who cannot be accommodated through

remote learning.

38. A

staff member of a school as defined in the Education Act

who,

i. provides

or supports the provision of in-person teaching or instruction in a school that

is permitted to provide in-person teaching and instruction under an order under

the Emergency Management and Civil Protection Act

or the Reopening Ontario (A Flexible Response to COVID-19)

Act, 2020 , and

ii. has

a child who is enrolled at a school that is not permitted to provide in-person

teaching or instruction under an order under the Emergency

Management and Civil Protection Act or the Reopening

Ontario (A Flexible Response to COVID-19) Act, 2020 and who is not

receiving in-person teaching or instruction.

39. A

member of the Canadian Armed Forces or an employee of the Department of

National Defence.

40. All

persons employed in the Ministry of Natural Resources and Forestry who are

engaged in,

i. prevention,

mitigation, preparedness, response or recovery actions, as applicable, with

respect to,

A. fires

as defined in the Forest Fires Prevention Act,

B. floods,

C. dam

failures, or

D. emergencies

relating to oil and gas exploration or production, hydrocarbon underground

storage, and salt solution mining, or

ii. the

provision of support services to Conservation Officers through the operation of

the Ministry’s Provincial Communications Unit.

41. A

person who holds a licence issued under

section 13 of the Private

Security and Investigative Services Act, 2005 to act as a security

guard.

42. Staff

as defined in the Retirement Homes Act, 2010 .

43. Licensees

as defined in the Retirement Homes Act, 2010 who

are individuals and who work or provide services at a retirement home.

44. Staff

as defined in the Long-Term Care Homes Act, 2007 .

45. An

individual who is an inspector appointed under the Food

Safety and Quality Act, 2001 or a field-person or officer appointed

under the Milk Act .

46. An

individual employed in the Ministry of Labour, Training and Skills Development

in Radiation Protection Services.

47. An

individual who is employed by any of the following entities to carry out work

that is deemed by the entity to be critical to the ongoing generation,

transmission, distribution and storage of electricity, or the ongoing refining,

transmission, distribution and storage of gas or other type of hydrocarbon, sufficient

to meet the demands of the province of Ontario:

i. The

Independent Electricity System Operator.

ii. A

generator, transmitter or distributor within the meaning of the Electricity Act, 1998 .

iii. A

gas distributor or gas transmitter within the meaning of the Ontario Energy Board Act, 1998 .

iv. A

distributor as defined in subsection 40 (3) of the Technical

Standards and Safety Act, 2000 that is not already described in

subparagraph ii or iii.

v. An

oil refinery.

48. An

individual who performs work that is essential to the operation of,

i. a

municipal drinking water system as defined in

section 2 of the Safe Drinking Water Act, 2002 ,

ii. a

non-municipal year-round residential system as defined in

section 1 of Ontario

Regulation 170/03 (Drinking Water Systems) made under the Safe

Drinking Water Act, 2002 , or

iii. a

wastewater treatment facility or a wastewater collection facility as those

terms are defined in

section 1 of Ontario Regulation 129/04 (Licensing of

Sewage Works Operators) made under the Ontario Water

Resources Act and to which that Regulation applies.

49. An

individual employed in a business involved in the collecting, transporting,

storing, processing, disposing or recycling of any type of waste.

50. An

employee of a hotel or motel that is acting as an isolation centre, health care

centre, vaccine clinic or that is housing essential workers.

51. An

individual working in a homeless shelter or providing services to homeless

persons.

52. An

individual who works for a business that processes, manufactures or distributes

food or beverages.

53. An

individual who works in a supermarket, grocery store, convenience store,

farmer’s market or other store that primarily sells food.

54. An

individual who works at a business that produces food, beverages, or

agricultural products including plants, including by farming, harvesting,

aquaculture, hunting or fishing.

55. An

individual who works at a business that supports the food or agricultural

products supply chains.

56. An

individual who is engaged in work that involves driving a Class A or D motor

vehicle as described in Ontario Regulation 340/94 (Drivers’ Licences) made

under the Highway Traffic Act .

57. Members,

officers and special constables appointed under the Royal

Canadian Mounted Police Act who are working in Ontario.

58. Officers

as defined in the Customs Act (Canada) who are

working in Ontario.

59. Employees

of the Canada Post Corporation who are working in Ontario.

60. Any

other individual prescribed in a regulation made by the Lieutenant Governor in

Council.

Pending

claim before Board

(7) If,

on or after January 25, 2020, a worker to which subsection (4.1.1) applies

filed a claim for entitlement to benefits relating to chronic or traumatic

mental stress and the claim is pending before the Board on the day on which the

Workplace Safety and Insurance Amendment Act (Access to

Mental Health Support for Essential Workers), 2021 receives Royal

Assent, the Board shall decide the claim in accordance with this section.

Pending

claim before Appeals Tribunal

(8) If,

on or after January 25, 2020, a worker to which subsection (4.1.1) applies

filed a claim for entitlement to benefits relating to chronic or traumatic

mental stress and the claim is pending before the Appeals Tribunal on the day

on which the Workplace Safety and Insurance Amendment Act

(Access to Mental Health Support for Essential Workers), 2021 receives

Royal Assent, the Appeals Tribunal shall decide the claim in accordance with

this section.

Denial

vacated

(9) If,

on or after January 25, 2020, a worker to which subsection (4.1.1) applies

filed a claim for entitlement to benefits relating to chronic or traumatic

mental stress and the claim was denied by the Board or by the Appeals Tribunal

before the day on which the Workplace Safety and Insurance

Amendment Act (Access to Mental Health Support for Essential Workers), 2021

receives Royal Assent, the denial is vacated and the worker may refile a claim

to be decided in accordance with this section.

Section 183 of the Act is amended by adding the following subsection:

Presumption,

chronic or traumatic mental stress

(4.1) The

Lieutenant Governor in Council may make regulations prescribing individuals for

the purpose of paragraph 60 of subsection 13 (6).

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 (Access to Mental Health Support for Essential

Workers), 2021 .

Date Bill stage Event Outcome Committee

April 12, 2021

Second Reading

Vote

Lost on division

April 1, 2021

Second Reading

Deferred vote

April 1, 2021

Second Reading

Debated

March 23, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

March 23, 2021

Committee

Second Reading

April 1, 2021

Miss Monique Taylor, Mr. Rudy Cuzzetto, Ms. Doly Begum, Mrs. Jennifer (Jennie) Stevens, Mr. Wayne Gates

Vote deferred.

April 12, 2021

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 267

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

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top