Presumptive Disability Law in Ontario

CODE PART:
Workplace Safety and Insurance Act, 1997
ONTARIO REGULATION 253/07
Ontario Legislative Website
DESCRIPTION:
Interpretation
  1. In this Regulation, "full-time fire fighter" means a worker who is a fire fighter as defined in section 1 of the Fire Protection and Prevention Act, 1997, who is regularly employed on a salaried basis and who is scheduled to work an average of 35 hours or more per week. O. Reg. 253/07, s. 1.
Prescribed class
  1. Full-time fire fighters are prescribed as workers for the purposes of subsections 15.1 (1) and (4) of the Act. O. Reg. 253/07, s. 2.
Prescribed circumstances
  1. For the purposes of subsection 15.1 (1) of the Act, the worker must have sustained the heart injury while, or within 24 hours of,
    1. attending a fire scene in the performance of his or her duties as a full-time firefighter; or
    2. actively participating in a training exercise that is related to his or her duties as a full-time firefighter and that involves a simulated fire emergency. O. Reg. 253/07, s. 3.
Prescribed diseases
  1. For the purposes of subsection 15.1 (4) of the Act, the following are prescribed diseases:
    1. Primary-site brain cancer.
    2. Primary-site colorectal cancer.
    3. Primary-site bladder cancer.
    4. Primary acute myeloid leukemia, primary chronic lymphocytic leukemia or primary acute lymphocytic leukemia.
    5. Primary-site ureter cancer.
    6. Primary-site kidney cancer.
    7. Primary non-Hodgkin's lymphoma.
    8. Primary-site esophegeal cancer. O. Reg. 253/07, s. 4.
    9. Primary-site breast cancer.
    10. Multiple myeloma.
    11. Primary-site testicular cancer. O. Reg. 253/07, s. 4; O. Reg. 113/14, s. 1 (1).
    12. Primary-site prostate cancer. O. Reg. 113/14, ss. 1 (2), 3 (2).
    13. Primary-site lung cancer. O. Reg. 113/14, ss. 1 (3), 3 (3)
    14. Primary-site skin cancer. O. Reg. 113/14, ss. 1 (4), 3 (4)
  2. Conditions and restrictions
    1. The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site colorectal cancer unless the worker, (a) was diagnosed with the disease before he or she attained the age of 61 years; and (b) was employed as a full-time firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (1).
    2. The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site brain cancer unless the worker was employed as a full-time firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (2).
    3. The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site bladder cancer, primary acute myeloid leukemia, primary chronic lymphocytic leukemia, primary acute lymphocytic leukemia or primary-site ureter cancer unless the worker was employed as a full-time firefighter for a total of at least 15 years before being diagnosed. O. Reg. 253/07, s. 5 (3).
    4. The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site kidney cancer or primary non-Hodgkin's lymphoma unless the worker was employed as a full-time firefighter for a total of at least 20 years before being diagnosed. O. Reg. 253/07, s. 5 (4).
    5. The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site esophegeal cancer unless the worker was employed as a full-time firefighter for a total of at least 25 years before being diagnosed. O. Reg. 253/07, s. 5 (5).


Posttraumatic stress disorder, first responders and other workers

Definitions

14.
  1. (1) In this section,
    “ambulance service” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“service d’ambulance”)

    “ambulance service manager” means a worker employed in an ambulance service who manages or supervises one or more paramedics and whose duties include providing direct support to paramedics dispatched by a communications officer on a request for ambulance services; (“chef de service d’ambulance”)

    “band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”)

    “communications officer” means a communications officer for the purposes of the Ambulance Act; (“agent de répartition”)

    “correctional institution” means a correctional institution as defined in section 1 of the Ministry of Correctional Services Act or a similar institution operated for the custody of inmates; (“établissement correctionnel”)

    “correctional services officer” means a worker who is directly involved in the care, health, discipline, safety and custody of an inmate confined to a correctional institution, but does not include a bailiff, probation officer or parole officer; (“agent des services correctionnels”)

    “emergency medical attendant” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“ambulancier”)

    “firefighter” means,
    1. a firefighter as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, or
    2. a worker who,
      1. is employed by a band council and assigned to undertake fire protection services on a reserve, or
      2. provides fire protection services on a reserve, either as a volunteer or for a nominal consideration, honorarium, training or activity allowance; (“pompier”)


    “fire investigator” means,
    1. a worker to whom the Fire Marshal appointed under subsection 8 (1) of the Fire Protection and Prevention Act, 1997 has delegated the duty to investigate the cause, origin and circumstances of a fire,
    2. a worker who was an inspector appointed under subsection 2 (4) of the Fire Marshals Act before that Act was repealed by the Fire Protection and Prevention Act, 1997, or
    3. a worker who is employed by a band council and assigned to investigate the cause, origin and circumstances of a fire on a reserve; (“enquêteur sur les incendies”)
    “full-time firefighter” means a worker who is a firefighter, is regularly employed on a salaried basis and is scheduled to work an average of 35 hours or more per week; (“pompier à temps plein”)

    “member of an emergency response team” means a person who provides first aid or medical assistance in an emergency, either as a volunteer or for a nominal consideration, honorarium or training or activity allowance, and who is dispatched by a communications officer to provide the assistance, but does not include an emergency medical attendant, a firefighter, a paramedic or a police officer; (“membre d’une équipe d’intervention d’urgence”)

    “operational manager” means a worker who directly supervises one or more correctional services officers; (“chef des opérations”)

    “paramedic” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“auxiliaire médical”)

    “part-time firefighter” means a worker who is a firefighter and is not a volunteer firefighter or full-time firefighter; (“pompier à temps partiel”)

    “place of secure custody” has the same meaning as in subsection 3 (1) of the Child and Family Services Act; (“lieu de garde en milieu fermé”)

    “place of secure temporary detention” has the same meaning as in subsection 3 (1) of the Child and Family Services Act; (“lieu de détention provisoire en milieu fermé”)

    “police officer” means a chief of police, any other police officer or a First Nations Constable, but does not include a person who is appointed as a police officer under the Interprovincial Policing Act, 2009, a special constable, a municipal law enforcement officer or an auxiliary member of a police force; (“agent de police”)

    “posttraumatic stress disorder” means, subject to subsection (15), posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), published by the American Psychiatric Association; (“état de stress post-traumatique”)

    “psychiatrist” has the same meaning as in subsection 1 (1) of the Mental Health Act; (“psychiatre”)

    “psychologist” means a member of the College of Psychologists of Ontario who holds a certificate of registration for a psychologist authorizing autonomous practice, or an individual who has a similar status in another province or territory of Canada; (“psychologue”)

    “reserve” means a reserve as defined in subsection 2 (1) of the Indian Act (Canada); (“réserve”)

    “worker in a correctional institution” means a correctional services officer, an operational manager, or a worker who is employed at a correctional institution to provide direct health care services by assessing, treating, monitoring, evaluating and administering medication to an inmate confined to a correctional institution; (“travailleur d’un établissement correctionnel”)

    “worker in a place of secure custody or place of secure temporary detention” means a youth services worker, a youth services manager, or a worker who is employed at a place of secure custody or place of secure temporary detention to provide direct health care services by assessing, treating, monitoring, evaluating and administering medication to a young person in custody or detention at the place of secure custody or secure temporary detention; (“travailleur d’un lieu de garde en milieu fermé ou d’un lieu de détention provisoire en milieu fermé”)

    “worker involved in dispatch” means a communications officer, a worker whose duties include the dispatch of firefighters and police officers, or a worker who receives emergency calls that initiate the dispatch of ambulance services, firefighters and police officers; (“travailleur s’occupant de répartition”)

    “young person” has the same meaning as in subsection 3 (1) of the Child and Family Services Act; (“adolescent”)

    “youth services manager” means a worker who is employed in a management position at a place of secure custody or secure temporary detention, and who directly supervises youth services workers, but does not include an administrator of a place of secure custody or secure temporary detention or a manager who only supervises educational, health-related or counselling services to young persons at the facility; (“chef des services aux jeunes”)

    “youth services worker” means a worker who is employed at a place of secure custody or secure temporary detention, and who directly supervises young persons who are in custody or detention at the place of secure custody or secure temporary detention, including supervising daily routines and programs, but does not include a worker who provides only educational, health-related or counselling services to young persons at the facility. (“travailleur des services aux jeunes”) 2016, c. 4, s. 2. Application
  2. This section applies with respect to the following workers:
    1. Full-time firefighters.
    2. Part-time firefighters.
    3. Volunteer firefighters.
    4. Fire investigators.
    5. Police officers.
    6. Members of an emergency response team.
    7. Paramedics.
    8. Emergency medical attendants.
    9. Ambulance service managers.
    10. Workers in a correctional institution.
    11. Workers in a place of secure custody or place of secure temporary detention.
    12. Workers involved in dispatch. 2016, c. 4, s. 2.
    Entitlement to benefits
  3. Subject to subsection (7), a worker is entitled to benefits under the insurance plan for posttraumatic stress disorder arising out of and in the course of the worker’s employment if,
    1. the worker is a worker listed in subsection (2) or was a listed worker for at least one day on or after transition day;
    2. the worker is or was diagnosed with posttraumatic stress disorder by a psychiatrist or psychologist; and
    3. for a worker who,
      1. is a listed worker at the time of filing a claim, the diagnosis is made on or after transition day,
      2. ceases to be a listed worker on or after the day on which section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force, the diagnosis is made on or after transition day but no later than 24 months after the day on which the worker ceases to be a listed worker, or
      3. ceased to be a listed worker after transition day but before the day on which section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force, the diagnosis is made on or after transition day but no later than 24 months after the day on which section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force. 2016, c. 4, s. 2.
      Interpretation
  4. In subsection (3),

    “transition day” means the day that is 24 months before the day on which section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force. 2016, c. 4, s. 2.

    Same
  5. The worker is entitled to benefits under the insurance plan as if the posttraumatic stress disorder were a personal injury. 2016, c. 4, s. 2.

    Presumption re: course of employment
  6. For the purposes of subsection (3), the posttraumatic stress disorder is presumed to have arisen out of and in the course of the worker’s employment, unless the contrary is shown. 2016, c. 4, s. 2.

    No entitlement, employer’s decisions or actions
  7. A worker is not entitled to benefits under the insurance plan for posttraumatic stress disorder if it is shown that the worker’s posttraumatic stress disorder was caused by his or her employer’s decisions or actions relating to the worker’s employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker’s employment. 2016, c. 4, s. 2.

    s. 13 entitlement
  8. Nothing in this section affects entitlement to benefits under section 13 for posttraumatic stress disorder that meets the requirements of that section. 2016, c. 4, s. 2.

    No refiling of claims
  9. If a worker filed a claim in respect of posttraumatic stress disorder and the claim was denied by the Board or by the Appeals Tribunal, the worker may not refile the claim under this section. 2016, c. 4, s. 2.

    Time limits
  10. The time limits in subsections 22 (1) and (2) do not apply in respect of a claim made under this section that is made with respect to posttraumatic stress disorder that was diagnosed before section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force. 2016, c. 4, s. 2.

    Same
  11. A claim made under this section that is made with respect to posttraumatic stress disorder that was diagnosed before section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force must be filed within six months after the day on which section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force. 2016, c. 4, s. 2.

    Pending claim
  12. If a worker listed in subsection (2) has filed a claim for entitlement for posttraumatic stress disorder and the claim is pending before the Board on the day section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force, the Board shall decide the claim in accordance with this section as though the requirement in clauses (3) (a) and (c) were satisfied. 2016, c. 4, s. 2.

    Same
  13. For the purposes of subsection (12), a claim is pending on the day section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force if any of the following conditions are met:
    1. The Board had not yet made a decision by that day.
    2. There was, on that day, a right to file a notice of objection in respect of the claim under section 120 and a notice of objection is filed, on or after that day, in accordance with that section.
    3. There was, on that day, a right of appeal in respect of the claim under section 125 and a notice of appeal is filed, on or after that day, in accordance with that section. 2016, c. 4, s. 2.

      Pending appeal
  14. If a worker listed in subsection (2) has filed a claim for entitlement for posttraumatic stress disorder and the claim is pending before the Appeals Tribunal on the day section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force, the Appeals Tribunal shall refer the claim back to the Board and the Board shall decide the claim in accordance with this section as though the requirement in clauses (3) (a) and (c) were satisfied. 2016, c. 4, s. 2.

    Transition, prior diagnosis
  15. For the purposes of pending claims and appeals, and of new claims made under this section within six months after the day section 2 of the Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016 comes into force, posttraumatic stress disorder includes posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), published by the American Psychiatric Association. 2016, c. 4, s. 2.