BILL 11 – 2005
WORKERS COMPENSATION AMENDMENT ACT, 2005

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

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

(a) by repealing the definition of "occupational disease" and substituting the following:

"occupational disease" means

(a) a disease mentioned in Schedule B,

(b) a disease the Board may designate or recognize by regulation of general application,

(c) a disease the Board may designate or recognize by order dealing with a specific case, and

(d) a disease prescribed for the purpose of section 6.1 (2) but only in respect of a worker to whom the presumption in that section applies, unless the disease is otherwise described by this definition,

and "disease" includes disablement resulting from exposure to contamination; , and

(b) in the definition of "regulation" by striking out "when used in Part 1," and substituting "when used in Part 1 in relation to regulations of the Board,".

2 The following section is added:

Firefighters' occupational disease presumption

6.1 (1) In this section, "firefighter" means a member of a fire brigade who is

(a) described by paragraph (c) of the definition of "worker", and

(b) assigned primarily to fire suppression duties, whether or not those duties include the performance of ambulance or rescue services.

(2) If a worker who is or has been a firefighter contracts a prescribed disease, the disease must be presumed to be due to the nature of the worker's employment as a firefighter, unless the contrary is proved.

(3) The presumption in subsection (2) applies only to a worker who

(a) has worked as a firefighter for the minimum cumulative period prescribed for the disease, which minimum cumulative period may be defined differently, and be different, for different categories of firefighters,

(b) throughout that period, has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, and

(c) is first disabled from the disease on or after April 11, 2005 or a later date prescribed for the disease.

(4) The Lieutenant Governor in Council may make regulations for the purposes of subsections (2) and (3) (a) and (c).

(5) If made on or before January 1, 2006, a regulation under subsection (4) may be made retroactive to a date on or after April 11, 2005 and a regulation made retroactive under this section is deemed to have come into force on the date specified in the regulation and has the retroactive effect necessary to give it force and effect on and after that date.

Transitional -- firefighters' presumption

3 (1) In this section:

"Act" means the Workers Compensation Act;

"effective date" means the date the first regulation made under section 6.1 (4) [firefighters' occupational disease presumption] of the Act is deposited with the Registrar of Regulations;

"interim period" means the period starting April 11, 2005 and ending on the effective date.

(2) For the purposes of applying section 55 (2) [application for compensation] of the Act in relation to a worker

(a) to whom the presumption in section 6.1 (2) of the Act is reasonably asserted to apply, and

(b) who was first disabled from the disease in the interim period,

the one year period in section 55 (2) of the Act starts on the effective date.

(3) If an application for compensation under Part 1 of the Act in respect of a worker to whom the presumption in section 6.1 (2) of the Act is reasonably asserted to apply was refused in the interim period and none of the proceedings referred to in subsection (4) (a), (b) and (c) of this section have occurred,

(a) sections 96.2, 96.5 and 239 of the Act do not apply to the decision or order,

(b) the decision or order is set aside effective on the date it was made, and

(c) a new decision or order on the application must be made under Part 1 of the Act.

(4) If, in the interim period,

(a) a review under section 96.2 [request for reviews] of the Act,

(b) a reconsideration under section 96.5 [reconsideration] of the Act, or

(c) an appeal under section 239 [appeal of review decisions] of the Act

has been requested, applied for or completed in respect of a refusal described in subsection (3), then

(d) if a decision or order that does not result in compensation being paid has been made in respect of the request or application, the decision or order is set aside effective the date it was made,

(e) if no decision or order has been made in respect of the request or application, the request or application is stayed, and

(f) a new decision or order on the original application must be made under Part 1 of the Act.

Commencement

4 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table: