Ontario Enacts Presumptive Legislation

Paul Atkinson, a member of Toronto, ON Local 3888 and OPFFA Workers Compensation Representative for Occupational Disease and a key person in passing the legislation, Colin Grieve, a member of Hamilton, ON Local 288, and Minister Steve Peters.

May 4, 2007 - The IAFF’s 10,000 members in the province of Ontario are the latest in Canada to be protected by presumptive legislation that automatically awards workers compensation benefits to fire fighters who contract certain cancers or suffer heart injuries in the course of their duties.

The legislation was announced by Ontario Premier Dalton McGuinty and Labour Minister Steve Peters in Toronto May 3, and introduced in the Ontario legislature later the same day. In a surprise move, opposition parties waived any debate on the bill, and it passed all three readings on the spot, reportedly only the third time to occur in Ontario history.

The legislation amends the province’s workplace health and safety laws to specify that eight different cancers, as well as heart injuries occurring within 24 hours of an emergency are presumed to be occupational for the purpose of compensation benefits when certain criteria are met. Importantly, it contains a retroactivity clause to cover cases dating back to January 1, 1960.

“We welcome this legislation, it’s a major victory for our members and their families,” says Ontario Professional Fire Fighters Association President (OPFFA) Fred LeBlanc. “The evidence shows that we’re at greater risk of these illnesses because of our profession, so this protection is only fair.”

MPs and fire fighters on the steps of Parliament.

The victory marks an important milestone for OPFFA, which has lobbied intensely for the legislation over the last several years, making it a key issue at its annual provincial legislative conference.

In addition, approximately 50 OPFFA affiliates had convinced their local municipal councils during the past two years to adopt resolutions indicating they agreed the province should support presumptive legislation for fire fighters.

“We view the death of a fire fighter from occupational cancer or heart disease exactly the same as a fire fighter death resulting from a roof collapse or other fireground accident,” LeBlanc says. “It may not happen suddenly and create headlines, but it is equally attributable to their work as a fire fighter. The sacrifice is just as great and the family is just as deserving of compensation benefits. We are grateful that the province of Ontario has now recognized that too.”

The cancers covered are brain, kidney, bladder, colorectal, ureter and esophageal cancer, as well as leukemia and non-Hodgkins lymphoma.

MPs recognize family, Paul Atkinson and Colin Grieve.

In announcing the legislation, Ontario Premier Dalton McGuinty stated that fire fighters and their families make sacrifices every day to keep Ontarians safe, and “we're working to make sure these brave men and women get the support they need and deserve if they get sick.”

Ontario becomes the sixth Canadian province to enact presumptive legislation for professional fire fighters, following Manitoba in 2002, Saskatchewan, Alberta, Nova Scotia and British Columbia.

IAFF affiliates in New Brunswick, Newfoundland and Labrador continue their battle to pass presumptive legislation in those provinces.