Presumptive Disability Law in Nova Scotia

CODE PART:
CHAPTER 10 Workers' Compensation Act
PART I WORKERS COMPENSATION SCOPE
Firefighters’ Compensation Regulations
Nova Scotia Legislative Website
DESCRIPTION:
Presumption respecting firefighter

35A
  1. In this Section, "firefighter" means an employee, including officers and technicians, employed by a municipality and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services, and includes a member of a volunteer fire department who performs those duties.
  2. Where a worker who is or has been a firefighter suffers an accident that is a cancer or other disease that is prescribed by the Governor in Council by regulation, the accident is presumed to be an occupational disease, the dominant cause of which is the employment as a firefighter, unless the contrary is proven.
  3. The presumption in subsection (2) applies only to a worker who has been a member of a fire protection service of a municipality or a volunteer fire department for a minimum period prescribed by the Governor in Council by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest-fire scene, throughout that period.
  4. The presumption in subsection (2) applies to accidents that happen on or after January 1, 1993.
  5. The Governor in Council may make regulations
    1. prescribing diseases for the purpose of subsection (2);
    2. prescribing periods of employment or volunteer work for the purpose of subsection (3), and may prescribe different periods for different diseases prescribed for the purpose of subsection (2).
  6. The exercise by the Governor in Council of the authority contained in subsection (5) is regulations within the meaning of the Regulations Act.
  7. Subsection 83(2) does not apply with respect to a firefighter who learned before this Section came into force that the firefighter suffered from a disease prescribed pursuant to this Section.
  8. For greater certainty, compensation payable for the period before this Section came into force shall be calculated in accordance with this Part and not in accordance with the former Act. 2003, c. 5, s. 2.


Firefighters’ Compensation Regulations made under subsection 35A(5) of the Workers’ Compensation Act S.N.S. 1994-95, c. 10, O.I.C. 2003-341 (August 1, 2003, effective July 30, 2003), N.S. Reg. 140/2003

    Citation

  1. These regulations may be cited as the Firefighters’ Compensation Regulations.
  2. The diseases and corresponding minimum periods of employment or volunteer work set out in the following table are prescribed for the purposes of subsections 35A(2) and (3) of the Workers’ Compensation Act:

    Disease Minimum Period of Employment or Volunteer Work
    Primary-site brain cancer 10 years
    Primary-site bladder cancer 15 years
    Primary-site kidney cancer 20 years
    Primary non-Hodgkin’s lymphoma 20 years
    Primary leukemia 5 years
    Primary site colon cancer 20 years

  3. Volunteer firefighters

  4. A firefighter who is or has been a member of a volunteer fire department is deemed to meet a minimum period of volunteer work prescribed by Section 2 if the firefighter
    1. participated in at least 20% of all activities of the volunteer fire department each year, including fire calls and training, conducted during the minimum period; and
    2. has written confirmation of active member status for the minimum period in a form approved by the Workers’ Compensation Board and signed by the Chief or Deputy Chief of the volunteer fire department for which the firefighter worked.