Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
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An Act to Amend the Workers' Compensation Act +

Legislature :
55
Session :
3
Bill No. :
61
Member :
Mr. S. Graham
First Reading :
2006-5-2
Second Reading :
2006-5-3
Committee of the Whole :
Amended :
Third Reading :
Royal Assent :
Download PDF :
Bill 61

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



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



"member of a fire brigade" means a person who is available on a full time, part time or casual basis, with or without remuneration, including a volunteer, 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, rural community, local service district, commission, committee, body or other local authority;



(b)               in the definition "worker" by repealing paragraph (b) and substituting the following:



(b)               a member of a fire brigade, and



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



7.1(1)             In this section,



"full-time firefighter" means a full-time member of a fire brigade;



"part-time firefighter" means a casual, volunteer or part-time member of a fire brigade.



7.1(2)             If a worker who is or has been a full-time firefighter or part-time 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-Hodgkin's lymphoma;



(e)                a primary leukemia;



(f)                a primary site colorectal cancer;



(g)               a primary site ureter cancer; or



(h)               a primary site lung cancer;



the injury must 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(3)             The presumption in subsection (2) applies to a worker



(a)               who has been employed as a full-time firefighter or part-time firefighter for a minimum period prescribed by the Lieutenant-Governor in Council by regulation; and



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



7.1(4)             In addition to the requirements of subsection (3), the presumption for a primary site lung cancer applies only to a worker who has been a non-smoker immediately before the day of the accident for a minimum period of time prescribed by the Lieutenant-Governor in Council by regulation.



7.1(5)             The presumption in subsection (2) applies to accidents that happen to



(a)               full-time firefighters on or after January 1, 2000; or



(b)               part-time firefighters on or after the day this subsection comes into force.



7.1(6)             If a worker who is a full-time firefighter or part-time firefighter suffers an injury to the heart within 24 hours after attendance at an emergency response, the injury must be presumed to be an accident arising out of and in the course of the employment, unless the contrary is proven.



7.1(7)             The Lieutenant-Governor in Council may make regulations



(a)               prescribing minimum periods of employment for the purpose of subsection (3), which may be different for different diseases set out in subsection (2), and different for full-time firefighters and part-time firefighters;



(b)               prescribing the minimum period of time for which a worker must be a non-smoker for the purpose of subsection (4).



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

 

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