Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014 DiNovo, Cheri — Bill 2 (41st Parliament, 1st Session)

Bill 2, 41-1

Ontario — Bills

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Bill 2, Workplace Safety and Insurance Amendment Act (Post-Traumatic Stress Disorder), 2014

DiNovo, Cheri

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[41] Bill 2 Original (PDF)

Bill 2 2014

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

post-traumatic stress disorder

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:

Presumption

re: emergency response workers, etc.

Definitions

15.3

(1) In

this section,

"emergency

response worker" means a firefighter, police officer or paramedic;

("intervenant d'urgence")

"firefighter" has the same meaning as in subsection 1

(1) of the Fire Protection and Prevention Act, 1997 ;

("pompier")

"paramedic" has the same meaning as in subsection 1

(1) of the Ambulance Act ; ("auxiliaire médical")

"police officer" has the same meaning as in

section 2 of

the Police Services Act ; ("agent de police")

"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. ("trouble de stress post-traumatique")

Presumption

re: post-traumatic stress disorder

(2) If an emergency response worker suffers

from post-traumatic stress disorder, the disorder is presumed to be an

occupational disease that occurs due to the nature of the worker's employment

as an emergency response worker, unless the contrary is shown.

Time

of diagnosis

(3) The presumption in subsection

(2) applies only to post-traumatic stress disorder diagnosed on or after the day

the Workplace Safety and Insurance Amendment Act (Post-Traumatic

Stress Disorder), 2014 receives Royal Assent.

Conditions

and restrictions

(4) The presumption in subsection (2) is

subject to any conditions and restrictions prescribed under clause (5) (a).

Regulations

(5) The Lieutenant Governor in Council may

make regulations,

(

a) prescribing

conditions and restrictions relating to the presumption established by

subsection (2), including, but not limited to, conditions and restrictions

related to nature of employment, length of employment, time during which the

worker was employed or age of the worker;

(

b) providing

for such transitional matters as the Lieutenant Governor in Council considers

necessary or advisable in relation to this

section and the regulations under

this section.

Claims

based on presumption

15.4

(1) This

section applies where the presumption established under

section 15.3 applies to

the post-traumatic stress disorder with which a worker is diagnosed.

New

claims

(2) If the worker or his or her survivor

never filed a claim in respect of the disorder, the worker or his or her

survivor may file a claim with the Board, and the Board shall decide the claim

in accordance with

section 15.3 and the regulations under it, as that

section

and those regulations read at the time the Board makes its decision.

Refiled

claim

(3) Subject to subsection (4), if the

worker or his or her survivor filed a claim in respect of the disorder and the

claim was denied by the Board or by the Appeals Tribunal, the worker or his or

her survivor may refile the claim with the Board and the Board shall decide the

claim in accordance with

section 15.3 and the regulations under it, as that

section and those regulations read at the time the Board makes its decision.

Time

limits do not apply

(4) The time limits set out in subsections

22 (1) and (2) do not apply in respect of a claim that is refiled under

subsection (3).

Pending

appeal

(5) If a claim is pending before the

Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board,

and the Board shall decide the claim in accordance with

section 15.3 and the

regulations under it, as that

section and those regulations read at the time the

Board makes its decision.

Pending

claim

(6) If a claim is pending before the Board,

the Board shall decide the claim in accordance with

section 15.3 and the

regulations under it, as that

section and those regulations read at the time

the Board makes its decision.

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), 2014 .

EXPLANATORY

NOTE

The

Workplace Safety and Insurance Act, 1997 is amended

to create a rebuttable presumption relating to post-traumatic stress disorder

affecting emergency response workers.

Subsection

15.3 (1) defines emergency response worker to mean a firefighter, paramedic or police

officer.

Subsection

15.3 (2) states that if an emergency response worker suffers from

post-traumatic stress disorder, the disorder is presumed to be an occupational

disease that occurred due to the employment as an emergency response worker,

unless the contrary is shown.

The

Bill sets out procedural and transitional rules governing claims to which a

presumption applies.

Date Bill stage Activity Committee

July 7, 2014

First Reading

Carried

Debates and Progress

First Reading

July 7, 2014

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 2

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 2, 41-1
Type	bill
Volume / chapter	p41 s1 bill 2 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	855271b8d3a0e0b704b79235cbf18039f9a7c6b9

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