Legislative Assembly of New Brunswick
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# An Act to Amend the Workers' Compensation Act +

Legislature :
55
Session :
1
Bill No. :
5
Member :
Mr. Shawn Graham
First Reading :
2003-8-5
Second Reading :
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 5

Text of Bill :
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 by repealing the definition "member of a municipal volunteer fire brigade" and substituting the following:



"member of a municipal volunteer fire brigade" means a person who is available on a casual basis, with or without remuneration, to respond as needed to fire or emergency calls and whose membership in the fire brigade has been approved by the chief of the fire department of a municipal corporation, commission, committee, body or other local authority;



2                           The Act is amended by adding after section 4 the following:



4.1(1)             On application of a recognized municipal fire brigade, the Commission may admit the municipal fire brigade to the application of this Part.



4.1(2)                              Where the Commission admits a municipal fire brigade pursuant to subsection (1)



(a)               the members of the municipal fire brigade are workers; and



(b)               the Province is the employer of the members of the municipal fire brigade for the purpose of this Part.



4.1(3)             The members of a municipal fire brigade shall be considered to be in the course of their employment from the time they



(a)               arrive at the place where a training exercise begins until the exercise has been completed; or



(b)                      receive a notification, by any means, of a fire or emergency, including the time of travel to the fire station, fire scene or the site of the emergency where they perform duties until, after being released from duty, they return home, to the place where the notification was received, to their place of regular employment or to any place for treatment, refreshment or recreation, whichever they reach first.



4.1(4)             The Commission shall, by regulation, determine the minimum and maximum earnings of the members of the municipal fire brigade for the purpose of calculating the average earnings of the municipal fire brigade pursuant to subsection (5).



4.1(5)             The Province deemed to be the employer of a municipal fire brigade pursuant to subsection (2) shall choose an amount between the minimum and maximum amounts determined by the Commission pursuant to subsection (4) to apply as the average earnings for the members of the municipal fire brigade.



4.1(6)             The amount chosen by the Province pursuant to subsection (5) applies to every member of that municipal fire brigade.



4.1(7)             The Province deemed to be the employer of a municipal fire brigade pursuant to subsection (2) shall notify the Commission of



(a)               the number of members in each municipal fire brigade; and



(b)               the average earnings of the members of the municipal fire brigade for the purpose of this Part.



3                           The Act is amended by adding after section 7 the following:



7.1(1)             If a worker who is or has been a firefighter suffers an injury that is



(a)               a primary site brain cancer;



(b)               a primary site bladder cancer;



(c)                a primary site kidney cancer;



(d)               a primary non-Hodgkins lymphoma;



(e)                a primary leukemia;



(f)                a primary site ureter cancer; or



(g)               a primary site colon cancer



the injury shall be presumed to be an occupational disease the dominant cause of which is the employment as a firefighter, unless the contrary is proven.



7.1(2)             The presumption in subsection (1) applies only to a worker who has been a full-time member of a fire fighting department for a minimum period prescribed by the Lieutenant-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.



7.1(3)             The Lieutenant-Governor in Council may make regulations prescribing periods of employment for the purpose of subsection (2), which may be different for different diseases referred to in subsection (1).



7.1(4)             The Commission must



(a)                      conduct research to determine if the injuries referred to in subsection (1) are occupational diseases, the dominant cause of which is the employment as a casual, part-time, or volunteer member of a municipal fire brigade; and



(b)                      prepare a report on the status of the research and submit it to the Minister no later than three years after the coming into force of this subsection, and the Minister shall lay a copy of the report before the Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the beginning of the next sitting.

 

Legislative Assembly of New Brunswick
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