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British Columbia

Coverage: Cancer, Infectious Disease

Code Part: Workers Compensation Act
[RSBC 1996] CHAPTER 492
Firefighters’ occupational disease presumption

Description: Firefighters’ occupational disease presumption ("occupational disease" means: (a) a disease mentioned in Schedule B,[Schedule B includes cancers and infectious diseases which apply to fire fighters] (b) a disease the Board may designate or recognize by regulation of general application, (c) a disease the Board may designate or recognize by order dealing with a specific case, and (d) a disease prescribed for the purpose of section 6.1 (2) but only in respect of a worker to whom the presumption in that section applies, unless the disease is otherwise described by this definition) 6.1 (1) In this section, "firefighter" means a member of a fire brigade who is (a) described by paragraph (c) of the definition of "worker", and (b) assigned primarily to fire suppression duties, whether or not those duties include the performance of ambulance or rescue services. (2) If a worker who is or has been a firefighter contracts a prescribed disease, the disease must be presumed to be due to the nature of the worker’s employment as a firefighter, unless the contrary is proved. (3) The presumption in subsection (2) applies only to a worker who (a) has worked as a firefighter for the minimum cumulative period prescribed for the disease, which minimum cumulative period may be defined differently, and be different, for different categories of firefighters, (b) throughout that period, has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, and (c) is first disabled from the disease on or after April 11, 2005 or a later date prescribed for the disease. (4) The Lieutenant Governor in Council may make regulations for the purposes of subsections (2) and (3) (a) and (c). (5) If made on or before January 1, 2006, a regulation under subsection (4) may be made retroactive to a date on or after April 11, 2005 and a regulation made retroactive under this section is deemed to have come into force on the date specified in the regulation and has the retroactive effect necessary to give it force and effect on and after that date.

British Columbia Legislative Web Site

As our state and provincial associations are continuing to introduce and pass presumptive legislation through their legislative efforts, this database will soon need updating. If in reading the legislation in your state or province you realize that our information is not the latest, please click HERE to submit your changes for review.

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