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Bill 127, Captain Craig Bowman Act, 2023

Burch, Jeff

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Bill 127 Original (PDF)

EXPLANATORY

NOTE

The

Workplace Safety and Insurance Act, 1997 currently

sets out a presumption that applies in respect of a worker who is a firefighter

or fire investigator and who suffers from and is impaired by a prescribed

disease. Provided any prescribed conditions and restrictions are satisfied, the

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

of the worker’s employment as a firefighter or fire investigator, unless the

contrary is shown.

Currently,

the regulations provide that in order for the presumption to apply in respect

of primary-site esophageal cancer, the length of employment must have been at

least a total of 25 years before being diagnosed. The Bill amends the Act to

provide that the length of employment required in order for this presumption to

apply is at least a total of 20

years before being diagnosed.

Bill 127 2023

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

esophageal cancer in firefighters and fire investigators

His

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

Province of Ontario, enacts as follows:

Section 15.1 of the Workplace Safety and Insurance Act, 1997

is amended by adding the following subsection:

Primary-site

esophageal cancer

(4.1) The

presumption in subsection (4) in respect of primary-site esophageal cancer applies

to a worker if,

(

a) in the case of a worker who was employed

as a full-time firefighter, part-time firefighter or fire investigator, the

length of employment of the worker was at least a total of 20 years before

being diagnosed; and

(

b) in the case of a worker who served as a

volunteer firefighter, the length of service of the worker was at least a total

of 20 years before being diagnosed.

Subsection 15.2 (1) of the Act is repealed and the following substituted:

Claims

based on presumptions

(1) This

section applies,

(

a) where

a regulation under

section 15.1 is made or amended and, as a result, a

presumption established under

section 15.1 applies to an injury sustained by a

worker or to a disease with which a worker is diagnosed; and

(

b) where

the presumption in subsection 15.1 (4) applies to primary-site esophageal

cancer with which a worker is diagnosed as a result of the coming into force of

section 1 of the Captain Craig Bowman Act, 2023 .

Commencement

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

Short

title

The

short title of this Act is the Captain Craig Bowman

Act, 2023 .

Date Bill stage Event Outcome Committee

June 7, 2023

First Reading

Ordered for Second Reading

June 7, 2023

First Reading

Vote

Carried

First Reading

June 7, 2023

Carried