2019 Legislative Session: 4th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE HARRY BAINS

MINISTER OF LABOUR

BILL 18 – 2019

WORKERS COMPENSATION AMENDMENT ACT, 2019

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Workers Compensation Act,

section 1]

adds a definition;

removes a part of a definition.

Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(

a) by adding the following definition:

"firefighter" means a member of a fire brigade, working with or without remuneration, who is assigned primarily to

(

a) fire suppression duties, whether or not those duties include the performance of ambulance or rescue services,

(

b) investigation duties respecting the cause, origin or circumstances of a fire, or

(

c) any combination of both fire suppression duties as described in paragraph (

a) and fire investigation duties as described in paragraph (b); , and

(

b) in the definition of "worker" by repealing paragraph (

c) and by adding the following paragraph:

(c.1) a firefighter; .

SECTION 2: [Workers Compensation Act,

section 5.1]

repeals a definition, consequential to the addition of a definition to

section 1 of the Act by this Bill;

extends the mental disorder presumption to firefighters, as set out.

Section 5.1 (4) is amended by repealing the definition of "firefighter" .

SECTION 3: [Workers Compensation Act,

section 6.1]

repeals a definition, consequential to the addition of a definition to

section 1 of the Act by this Bill;

extends the occupational disease presumptions to firefighters, as set out.

Section 6.1 is amended

(

a) by repealing subsection (1),

(

b) in subsection (3) (

b) by striking out " , other than a forest fire scene ", and

(

c) in subsection (6) by repealing the definition of "firefighter" .

Transitional Provisions

SECTION 4: [Transition – mental disorder presumption] clarifies how

section 5.1 of the Workers Compensation Act must be applied to a claim that is made but not finally adjudicated before the date this

section comes into force.

Transition – mental disorder presumption

4 On or after the date this

section comes into force, the Workers' Compensation Board and the Workers' Compensation Appeal Tribunal must apply

section 5.1 of the Workers Compensation Act as it reads on the date this

section comes into force when making a decision respecting a claim that involves

section 5.1 of the Workers Compensation Act and that was made, but not finally adjudicated, before the date this

section comes into force.

SECTION 5: [Transition – firefighters' occupational disease presumptions] clarifies how

section 6.1 of the Workers Compensation Act must be applied to a claim that is made but not finally adjudicated before the date this

section comes into force.

Transition – firefighters' occupational disease presumptions

5 On or after the date this

section comes into force, the Workers' Compensation Board and the Workers' Compensation Appeal Tribunal must apply

section 6.1 of the Workers Compensation Act as it reads on the date this

section comes into force when making a decision respecting a claim that involves

section 6.1 of the Workers Compensation Act and that was made, but not finally adjudicated, before the date this

section comes into force.

Commencement

6 This Act comes into force on the date of Royal Assent.

Explanatory Notes

SECTION 1: [Workers Compensation Act,

section 1]

adds a definition;

removes a part of a definition.

SECTION 2: [Workers Compensation Act,

section 5.1]

repeals a definition, consequential to the addition of a definition to

section 1 of the Act by this Bill;

extends the mental disorder presumption to firefighters, as set out.

SECTION 3: [Workers Compensation Act,

section 6.1]

repeals a definition, consequential to the addition of a definition to

section 1 of the Act by this Bill;

extends the occupational disease presumptions to firefighters, as set out.

SECTION 4: [Transition – mental disorder presumption] clarifies how

section 5.1 of the Workers Compensation Act must be applied to a claim that is made but not finally adjudicated before the date this

section comes into force.

SECTION 5: [Transition – firefighters' occupational disease presumptions] clarifies how

section 6.1 of the Workers Compensation Act must be applied to a claim that is made but not finally adjudicated before the date this

section comes into force.

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