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Third Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 5

THE WORKERS COMPENSATION AMENDMENT ACT


Explanatory Note

(Assented to                                         )

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

C.C.S.M. c. W200 amended

1           The Workers Compensation Act is amended by this Act.

2           The following is added after subsection 4(5):

Presumption re firefighters

4(5.1)      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; or

(e) a primary leukemia;

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.

Application

4(5.2)      The presumption in subsection (5.1) 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.

Regulations

4(5.3)      The Lieutenant Governor in Council may make regulations prescribing periods of employment for the purpose of subsection (5.2), which may be different for different diseases referred to in subsection (5.1).

Effective date of presumption

4(5.4)      The presumption in subsection (5.1) applies only to accidents that happen on or after the day that subsection comes into force.

Coming into force

3           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill creates a rebuttable presumption that if a full-time firefighter employed for a minimum period gets a certain type of cancer, the dominant cause of the disease is the employment.