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The Workers Compensation Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 2

Bill 5, 3rd Session, 37th Legislature

THE WORKERS COMPENSATION AMENDMENT ACT


 

(Assented to May 23, 2002)

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 January 1, 1992.

Research on part-time firefighters

4(5.5)      The board must

(a) conduct research to determine if the injuries referred to in subsection (5.1) are occupational diseases, the dominant cause of which is the employment as a casual or part-time 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.

Coming into force

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