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Workplace Safety and Insurance Act, 1997

ONTARIO REGULATION 253/07

FIREFIGHTERS

Consolidation Period: From June 8, 2007 to November 3, 2009.

This is the most current consolidation of this law available on e-Laws.

Notice of additional information:

The following amendments have been filed and will be incorporated in a subsequent consolidation:

O. Reg. 423/09 filed November 4, 2009.

See Source Law for text of amendments.

There may be more recent events that are not included in this notice.

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.

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