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Fifth Session, Thirty-Ninth 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 or view the online bilingual version (PDF).

Bill 34

THE WORKERS COMPENSATION AMENDMENT ACT (PRESUMPTION RE OFC PERSONNEL)


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(1)        Subsection 4(5.1) is amended by adding the following definition:

"OFC personnel" means personnel of the office of the fire commissioner, as provided for in The Fires Prevention and Emergency Response Act, whose duties include

(a) investigating the cause, origin and circumstances of fires,

(b) fire fighting, or

(c) delivering fire investigation or fire fighting training; (« membre du personnel du bureau du commissaire aux incendies »)

2(2)        Subsection 4(5.2) is amended

(a) in the section heading, by striking out "cancer and firefighters" and substituting "cancer — firefighters and OFC personnel";

(b) in the part before clause (a), by striking out "or part-time firefighter" and substituting ", a part-time firefighter or a member of OFC personnel"; and

(c) in the part after the last clause, by adding "or as a member of OFC personnel" after "firefighter".

2(3)        Clause 4(5.3)(a) is amended by striking out "or part-time firefighter" and substituting ", a part-time firefighter or a member of OFC personnel".

2(4)         Clause 4(5.5)(b) is replaced with the following:

(b) part-time firefighters or OFC personnel on or after June 9, 2005.

2(5)        Subsection 4(5.6) is amended

(a) in the section heading, by striking out "injury to firefighters" and substituting "injury — firefighters and OFC personnel"; and

(b) by striking out "or part-time firefighter" and substituting ", a part-time firefighter or a member of OFC personnel".

2(6)        Subclause 4(5.7)(a)(ii) is amended by striking out "and part-time firefighters" and substituting ", part-time firefighters and OFC personnel".

Coming into force

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

Explanatory Note

Under The Workers Compensation Act, certain illnesses and injuries suffered by a firefighter are presumed to be caused by his or her employment as a firefighter. This Bill extends that presumption to personnel of the fire commissioner's office.

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