Presumptive Disability Law in Alberta
CODE PART:
ALBERTA REGULATION 102/2003
Workers’ Compensation Act
Part 4 Compensation Entitlement, Application and Payment
DESCRIPTION:
Presumption re firefighters
24.1 (1) In this section,
(a) “full-time firefighter” means an employee, including officers and technicians, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services;
(b) “municipality” means a municipality as defined in the Municipal Government Act.
(b.1) “paramedic” means a paramedic as defined in section 24.2;
(NOTE: Clause (b.1) applies with respect to accidents that occur on or after April 1, 2018. See SA 2017 c25 Sched. 2 s16(2).)
(c) “part-time firefighter” means a casual, volunteer or part-time member of a fire protection service of a municipality or Metis settlement.
(2) If a worker who is or has been a full-time firefighter or part-time firefighter suffers an injury that is a primary site cancer of a type specified in the regulations, the injury shall be presumed to be an occupational disease, the dominant cause of which is the employment as a full-time firefighter or part-time firefighter, unless the contrary is proven.
(3) Subject to subsection (3.1), the presumption in subsection (2) applies only to a worker who has been a full-time firefighter or part-time firefighter for a minimum period prescribed by the Lieutenant Governor in Council by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout that period.
(3.1) Subsection (3) does not apply to a full-time firefighter or part-time firefighter exposed to the hazards of a fire scene, other than a forest-fire scene, in Fort McMurray or any other area in Alberta within the area of the Horse River wildfire in the period beginning on May 1, 2016, and ending on June 1, 2016
(4) The Lieutenant Governor in Council shall make regulations
(a) designating primary site cancers to which the presumption in subsection (2) applies;
(b) prescribing periods of employment for the purpose of subsection (3) which may be different for the different diseases designated under clause (a).
(5) Repealed 2011 c17 s2
(6) Repealed 2011 c17 s2
(7) If a worker who is a firefighter suffers a myocardial infarction within 24 hours after attendance at an emergency response, the myocardial infarction shall be presumed to have arisen out of and occurred during the course of employment as a firefighter unless the contrary is proven.
(NOTE: Subsection (7) applies with respect to accidents that occur on or after April 1, 2018. See SA 2017 c25 Sched. 2 s16(2).)
(7.1) If a worker who is a paramedic suffers a myocardial infarction within 24 hours after being dispatched or attending at an emergency response, whichever is later, the myocardial infarction shall be presumed to have arisen out of and occurred during the course of employment as a paramedic unless the contrary is proven.
Presumption re EMTs, etc.
(a) 24.2 (1) In this section, “correctional officer” means a peace officer referred to in section 10 of the Corrections Act;
(b) “emergency dispatcher” means an emergency dispatcher for a first responder;
(c) “firefighter” means a full-time firefighter or part-time firefighter as defined in section 24.1;
(d) “first responder” means a firefighter, paramedic, peace officer or police officer;
(e) “paramedic” means an individual who is a regulated member of the Alberta College of Paramedics under the Health Professions Act and who holds a practice permit issued under that Act;
(f) “peace officer” means an individual appointed as a peace officer under section 7 of the Peace Officer Act who is authorized by that appointment to use the title “Sheriff”;
(g) “physician” means an individual who is a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act authorized to use the title “physician” and who holds a practice permit that allows for unsupervised practice issued under that Act, or an individual who has a similar status under similar legislation in Canada;
(h) “police officer” means an individual appointed as a police officer under section 5 or 36 of the Police Act or as a chief of police under section 36 of the Police Act;
(i) “post-traumatic stress disorder” means Posttraumatic Stress Disorder as that condition is described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;
(j) “psychological injury” means any psychological disorder or condition that meets the diagnostic criteria for a disease or condition that is described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;
(k) “psychologist” means an individual who is a regulated member of the College of Alberta Psychologists and who holds a practice permit issued under the Health Professions Act, or an individual who has a similar status under similar legislation in Canada.
(2) If a worker who is or has been an emergency medical technician, firefighter, peace officer or police officer is diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment in response to a traumatic event or a series of traumatic events to which the worker was exposed in carrying out the worker’s duties as an emergency medical technician, firefighter, peace officer or police officer.
(3) The Board shall
(a) assist a worker who is diagnosed with post-traumatic stress disorder in obtaining, or
(b) provide to the worker treatment by culturally competent clinicians who are familiar with the research concerning treatment of first responders for post-traumatic stress disorder.
(4) The Board shall
(a) assist a worker who is diagnosed with a psychological injury in obtaining, or
(b) provide to the worker treatment by culturally competent clinicians who are familiar with the research concerning treatment for psychological injuries.
FIREFIGHTERS’ PRIMARY SITE CANCER REGULATION
Definitions
(1) In this Regulation,
(a) “Act” means the Workers’ Compensation Act;
(b) “non-smoker” means an individual who has not smoked a tobacco product in the 10 years prior to the date of diagnosis of a primary site cancer.
Designated cancers and periods of employment
(2) For the purpose of section 24.1(4) of the Act, the primary site cancers and the minimum period of exposure for each disease are the following:
| PRIMARY SITE CANCERS | MINIMUM PERIOD OF REGULAR EXPOSURE TO THE HAZARDS OF A FIRE SCENE |
| Primary leukemia | 5 years |
| Primary site brain cancer | 10 years |
| Primary site bladder cancer | 15 years |
| Primary site cervical cancer | 10 years |
| Primary site lung cancer in non-smokers | 15 years |
| Primary site ovarian cancer | 10 years |
| Primary site ureter cancer | 15 years |
| Primary site kidney cancer | 20 years |
| Primary site colorectal cancer | 15 years |
| Primary site testicular cancer | 10 years |
| Primary site esophageal cancer | 25 years |
| A primary non-Hodgkins lymphoma | 20 years |
| A primary site prostate cancer | 15 years |
| A primary site skin cancer | 15 years |
| A primary site breast cancer | 10 years |
| Multiple myeloma | 15 years |
| A primary site mesothelioma | 15 years |
| A primary site pancreatic cancer | 10 years |
| A primary site soft tissue sarcoma | 15 years |
| A primary site thyroid cancer | 10 years |
Updated on August 3, 2023