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Workplace Safety and Insurance Act, 1997

ONTARIO REGULATION 253/07

FIREFIGHTERS

Historical version for the period November 4, 2009 to April 30, 2014.

Last amendment: O. Reg. 423/09.

This is the English version of a bilingual regulation.

Definitions

1. In this Regulation,

“firefighter” has the same meaning as in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; (“pompier”)

“fire investigator” means,

(a) a worker to whom the Fire Marshal appointed under subsection 8 (1) of the Fire Protection and Prevention Act, 1997 has delegated the duty to investigate the cause, origin and circumstances of a fire, or

(b) a worker who was an inspector appointed under subsection 2 (4) of the Fire Marshals Act before that Act was repealed by the Fire Protection and Prevention Act, 1997; (“enquêteur sur les incendies”)

“full-time firefighter” means a worker who is a firefighter, is regularly employed on a salaried basis and is scheduled to work an average of 35 hours or more per week; (“pompier à temps plein”)

“part-time firefighter” means a worker who is a firefighter and is not a volunteer firefighter or full-time firefighter. (“pompier à temps partiel”) O. Reg. 423/09, s. 1.

Prescribed classes

2. The following are prescribed as workers for the purposes of subsections 15.1 (1) and (4) of the Act:

1. Full-time firefighters.

2. Part-time firefighters.

3. Volunteer firefighters.

4. Fire investigators. O. Reg. 423/09, s. 1.

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, part-time firefighter, volunteer firefighter or fire investigator; or

(b) actively participating in a training exercise that is related to his or her duties as a full-time firefighter, part-time firefighter, volunteer firefighter or fire investigator and that involves a simulated fire emergency. O. Reg. 253/07, s. 3; O. Reg. 423/09, s. 2.

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, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (1); O. Reg. 423/09, s. 3 (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, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 10 years before being diagnosed. O. Reg. 253/07, s. 5 (2); O. Reg. 423/09, s. 3 (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, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 15 years before being diagnosed. O. Reg. 253/07, s. 5 (3); O. Reg. 423/09, s. 3 (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, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 20 years before being diagnosed. O. Reg. 253/07, s. 5 (4); O. Reg. 423/09, s. 3 (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, part-time firefighter or fire investigator or served as a volunteer firefighter for a total of at least 25 years before being diagnosed. O. Reg. 253/07, s. 5 (5); O. Reg. 423/09, s. 3 (5).

(6) The following rules apply to the calculation of time periods for the purposes of clause (1) (b) and subsections (2), (3), (4) and (5):

1. All periods of employment as a full-time firefighter, part-time firefighter or fire investigator and all periods of service as a volunteer firefighter, whether consecutive or non-consecutive, shall be included, subject to paragraph 2.

2. If a worker is employed in a capacity mentioned in paragraph 1 and also, during the same period, is employed in another capacity mentioned in paragraph 1 or serves as a volunteer firefighter, the period shall be counted only once. O. Reg. 423/09, s. 3 (6).

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