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4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 205

THE WORKERS COMPENSATION AMENDMENT ACT (PRESUMPTION RE POST-TRAUMATIC STRESS DISORDER)


  Bilingual version (PDF) 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 section 4:

Definitions

4.1(1)      The following definitions apply in this section.

"emergency response worker" means

(a) a full-time firefighter, a part-time firefighter or OFC personnel as those terms are defined in subsection 4(5.1);

(b) an emergency medical response technician as defined in The Emergency Medical Response and Stretcher Transportation Act; or

(c) a police officer as defined in The Police Services Act. (« intervenant d'urgence »)

"post-traumatic stress disorder" means an anxiety disorder that develops after exposure to a traumatic event or experience with symptoms that may include flashbacks, nightmares and intense feelings of fear or horror. (« trouble de stress post-traumatique »)

"presumption of PTSD" means the presumption of post-traumatic stress disorder established in subsection (2). (« présomption relative au TSPT »)

Presumption re post-traumatic stress disorder — emergency response workers

4.1(2)      If a worker who is or has been an emergency response worker suffers from post-traumatic stress disorder, the disorder must be presumed to be an occupational disease the dominant cause of which is the employment as an emergency response worker, unless the contrary is proven.

Effective date of presumption

4.1(3)      The presumption of PTSD applies to post-traumatic stress disorder diagnosed on or after a date prescribed by regulation.

Conditions and restrictions

4.1(4)      The presumption of PTSD is subject to any conditions or restrictions set out in regulations made under clause (5)(a).

Regulations

4.1(5)      The Lieutenant Governor in Council may make regulations

(a) prescribing conditions and restrictions relating to the presumption of PTSD, including conditions and restrictions related to nature of employment, length of employment, time during which the worker was employed or age of the worker;

(b) prescribing a date for the purpose of subsection 4.1(3) (effective date of presumption), which may be retroactive;

(c) respecting any transitional matters or difficulties that may be encountered in bringing this section into effect.

Coming into force

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

Explanatory Note

Under The Workers Compensation Act, certain injuries are presumed to be caused by a worker's employment. This Bill extends that presumption to emergency response workers who contract post-traumatic stress disorder.