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Workplace Safety and Insurance Act, 1997

ONTARIO REGULATION 253/07

FIREFIGHTERS

Historical version for the period June 8, 2007 to November 3, 2009.

No amendments.

This is the English version of a bilingual regulation.

Interpretation

1. In this Regulation,

“full-time firefighter” means a worker who is a firefighter as defined in section 1 of the Fire Protection and Prevention Act, 1997, who is regularly employed on a salaried basis and who is scheduled to work an average of 35 hours or more per week. O. Reg. 253/07, s. 1.

Prescribed class

2. Full-time firefighters are prescribed as workers for the purposes of subsections 15.1 (1) and (4) of the Act. O. Reg. 253/07, s. 2.

Prescribed circumstances

3. For the purposes of subsection 15.1 (1) of the Act, the worker must have sustained the heart injury while, or within 24 hours of,

(a) attending a fire scene in the performance of his or her duties as a full-time firefighter; or

(b) actively participating in a training exercise that is related to his or her duties as a full-time firefighter and that involves a simulated fire emergency. O. Reg. 253/07, s. 3.

Prescribed diseases

4. For the purposes of subsection 15.1 (4) of the Act, the following are prescribed diseases:

1. Primary-site brain cancer.

2. Primary-site colorectal cancer.

3. Primary-site bladder cancer.

4. Primary acute myeloid leukemia, primary chronic lymphocytic leukemia or primary acute lymphocytic leukemia.

5. Primary-site ureter cancer.

6. Primary-site kidney cancer.

7. Primary non-Hodgkin’s lymphoma.

8. Primary-site esophegeal cancer. O. Reg. 253/07, s. 4.

Conditions and restrictions

5. (1) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site colorectal cancer unless the worker,

(a) was diagnosed with the disease before he or she attained the age of 61 years; and

(b) was employed as a full-time firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (1).

(2) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site brain cancer unless the worker was employed as a full-time firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (2).

(3) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site bladder cancer, primary acute myeloid leukemia, primary chronic lymphocytic leukemia, primary acute lymphocytic leukemia or primary-site ureter cancer unless the worker was employed as a full-time firefighter for a total of at least 15 years before being diagnosed. O. Reg. 253/07, s. 5 (3).

(4) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site kidney cancer or primary non-Hodgkin’s lymphoma unless the worker was employed as a full-time firefighter for a total of at least 20 years before being diagnosed. O. Reg. 253/07, s. 5 (4).

(5) The presumption in subsection 15.1 (4) of the Act does not apply in respect of primary-site esophegeal cancer unless the worker was employed as a full-time firefighter for a total of at least 25 years before being diagnosed. O. Reg. 253/07, s. 5 (5).

6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 253/07, s. 6.