BILL 12

An Act to Amend the Workers’ Compensation Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended

(a)  by repealing the definition “member of a municipal volunteer fire brigade”;

(b)  by adding the following definition in alphabetical order:

“member of a volunteer fire brigade” means a person whose membership has been approved by the chief of the fire department of a municipal corporation, commission, committee or other municipal body, rural community, local service district or other local authority; (membre d’un corps de pompiers volontaires)

(c)  in the definition “worker” by repealing paragraph (b) and substituting the following:

(b)  a member of a volunteer fire brigade, and

2 Section 81 of the Act is amended

(a)  in paragraph (e) by striking out “and” at the end of the paragraph;

(b)  in paragraph (f) by striking out the period at the end of the paragraph and substituting a comma;

(c)  by adding after paragraph (f) the following:

(g)  prescribing diseases for the purposes of subsection 85.1(2),

(h)  prescribing conditions and restrictions applicable to the presumption established in subsection 85.1(2), which conditions and restrictions may vary for different persons or categories of persons, and

(i)  establishing minimum periods of employment as a firefighter for the purposes of subsection 85.1(3), which periods of employment may vary for different diseases or categories of diseases.

3 The Act is amended by adding after section 85 the following:

Presumptions respecting firefighters

85.1(1) In this section, “firefighter” means a paid member of a fire department or a member of a volunteer fire brigade.

85.1(2) Where a worker who is or has been a firefighter suffers from a disease prescribed by regulation, the disease is presumed to be an occupational disease arising out of and in the course of employment as a firefighter, unless the contrary is proven.

85.1(3) The presumption in subsection (2) applies only to a worker who has been employed as a firefighter for a minimum period established by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout that period of employment.

85.1(4) Where a worker who is a firefighter suffers an injury to the heart within twenty-four hours after attendance at an emergency response, the injury is presumed to be an accident arising out of and in the course of employment as a firefighter, unless the contrary is proven.

85.1(5) The presumption in subsection (2) is subject to conditions and restrictions prescribed under paragraph 81(h).

COMMENCEMENT

4 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

(a)  The existing definition is as follows:

“member of a municipal volunteer fire brigade” means a person whose membership has been approved by the chief of the fire department of a municipal corporation, commission, committee, body or other local authority; (membre d’un corps municipal de pompiers volontaires)

(b)  New definition.

(c)  The existing definition is as follows:

“worker” means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes... (travailleur)

(b)  a member of a municipal volunteer fire brigade, and

Section 2

(a)  Consequential amendment.

(b)  Consequential amendment.

(c)  New provision.

Section 3

New provision.

Section 4

Commencement provision.